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HomeMy WebLinkAbout2001-02-20 Resolution Prepared by: Ron Knoche, Senior Civil Engineer, 410 E. Washington St., lewa City, IA 52240, (319)3565138 RESOLUTION NO. 01-30 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public headng 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 5t~ day of March, 2001, 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 authodzed 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 headng. 3. That the copy of the plans. specifications, form of contract. and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. MAYOR City Attomey's Office It was moved by 0' Donnel l and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Kim Shere, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 01-35 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public headng 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 5th day of March, 2001 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 authodzed 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 headng 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 20th day of February ,20 01 City Attorney's Office It was moved by C.~,~mt~ion and seconded by 0'Denn. e'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 ~( Wilburn pwengVes~apirish&lst.doc Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 01-31 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5TM day of March, 2001, 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 20th day of F uary , ~ It was moved by 0'Donne] '1 and seconded by Champ'inn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ;( Champion ~ Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn pwengVes~asphaltresurf01 doc 9/99 Prepared by: Virginia Stroud, Housing Auth., 4t0 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO. 01-32 RESOLUTION AUTHORIZING EXECUTION OF FY2000 RESIDENT OPPORTUNITIES AND SELF SUFFICIENCY PROGRAM GRANT AGREEMENT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD) requires executing the grant award agreement; and WHEREAS, entering into said Agreement is in the public interest; and WHEREAS, HUD has agreed to make ROSS Grant funding in the amount of $150,000 available to the City of Iowa City to provide job seeking, placement and training services, as well as case management, childcare, and transportation support to eligible residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: A. The FY2000 Resident Opportunities and Self Sufficiency Program Grant Agreement for the ROSS - Resident Service Delivery Models-2000 Assistance Award Grant effective January 19, 2001, (form HUD-1044), a copy of which is attached hereto, is hereby approved. B. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for ROSS - Resident Service Delivery Models-2000 Assistance Award Grant funding. C. The Housing Administrator is hereby authorized to execute all necessary documents required by HUD for the administration of these funds. Passed and approved this 20th day of Feb~'ua~'y ,20 01 It was moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn hisadm/res/ROSSdoc Assistance Award/Amendment u.s. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. Type of Action Cooperative Agreement X Grant _X__ Award Amendment 3. Instrument Number 4. Amendment Number 5. Effective Date of this Action ~ 6. Control Number IA00RSF022P0017 January 19, 2001 1089 7. Name and Address of Recipient 8. HUD Administering Office Iowa City Housing Authority Office of Public Housing 410 E, Washington Street Des Moines, Iowa Iowa City. Iowa 52240-0000 8a. Name of Administrator { 8b, Telephone Number 10. Recipient Project Manager 9, HUD Government Technical Representative N/A 11. Assistance Arrangement 12. Payment Method 13, HUD Payment Office X CoSt Reimbursement [] Treasury Check Reimbursement [] Cost Sharing [] Advance Check LOCCS VRS [] Fixed Price [] Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $0 15a. Appropriation Number15b. Reservation number ....... ~.~.p.~..o.~..,.U.b!~..~!!F~~ .....................~!~.o.!9p9:99.......................................869~10162 ...... 7E.o..~)_..H...U...D..._A...m....o..u..e.t. ................................~.~9,99..0.:..0.9. ..............................................A..~..o..u..p~...P.r..e_v..Lo...u_s.!~....O._b.!!.~.a..~.e...d. ...................$.9. ..................................................... ...... ..a..e.~!.e!~..".!..~m.o..~pt. ..................................~.q .................................................................9~?~.ig.~.!!.o.."...~.Y..u2.!.~..a.~!!.°.". ............................~.~..5_°.,9.°.°.:9.°. ................................. Total Instrument Amount$150,000.00 Total Obligation $150,000.00 16. Description ROSS - Resident Service Delivery Models - 2000 17. X Recipient is required to sign and re n three (3) copies 18. Recipient is not required to sign this document. ' ' of this document to the HUD A ' tering Office ' 1 g. Recipient (By Name) t(~~~ 20. HUD (By Name) Signat Signature & Title Date (mm/dd/yyyy) Date (mm/dd/yyyy) '~RNEST ~. LEHNAN, HAYOR ~orm HUD-1044 (8/90) Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 01-33 RESOLUTION ACCEPTING THE WORK FOR THE IAISICRANDIC INTERCHANGE PROJECT, STP-A-3715(12)--86-52. WHEREAS, the Engineering Division has recommended that the work for construction of the IAIS/CRANDIC Interchange, as included in a contract between the City of Iowa City and Steger- Heiderscheit Construction Company of Dyersville, Iowa, dated May 12, 1999, be accepted; and WHEREAS, the performance and payment bend 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 20 1: h day ~y~/4,,4' ~ MAYOR Approved by It was moved by 0'Donne] 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman T O'Donnell X Pfab X Vanderhoef X Wilburn IOWA INTERSTATE RAILROAD January 31, 2001 Kimbcrly Johnson City of lowa City Enginecring Division 410 East Washington Street Iowa City, IA 52240-1826 Re: IAIS/CRANDIC Interchange Project STP-A-3715( 12)-86-52 Johnson County Dear Ms. Johnson: Please be advised that Steger-Heiderscheit Construction Corporation has completed the above- referenced project. This project was completed per the specifieatioas contained in the contract and is acceptable to the Iowa Interstate and Cedar Rapids and Iowa City Railroads. If you have any further questions or need additional information to finalize this project, please contact me at (319)-339-9504. Patrick H. ~~ General Manager Engineering & Mechanical 800 Webster Street · Iowa City, Iowa 52240-4806 · General Information (319) 339-9500 · Customer Service (800) 247-8570 · FAX (319) 339-9533 City of Iowa City MEMORANDUM Date: February 9, 2001 To: Steve Atkins From: Kim Johnson j~J Re: Agenda Items The following are costs associated with the Capital Improvement Project being t presented for acceptance at the February 20 h Council meeting: 1) IAIS/CRANDIC Interchange Project Contractor: Steger-Heiderscheit Construction Corp. · Project Estimated Cost: $ 803,950.00 · Project Bid Received: $ 689,971.40 · Project Actual Cost: $ 893,321.47 · IDOT Grant $ 714,491.94 · IAIS/CRANDIC Funding $178,829.53 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-34 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCOTT BOULEVARD EAST - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Scott Boulevard East - Part Four, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Scott Boulevard East - Part Four, as constructed by Metro Pavers, Inc.' of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. ATTEST: ~ ci LERK It was moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilbum i '~ i ENGINEER'S REPORT February 9,2001 Honorable Mayor and City Council Iowa City, Iowa Re: Scott Boulevard-East Part Four Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Scott Boulevard East-Part Four have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc.. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, I~rarc~'~osse, P.E. City Engineer 4i0 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 02-20-01 Prepared by: Bob Miklo, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. 01-36 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD, IOWA CITY, IOWA. WHEREAS, the owner, City of Iowa City, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of the Peninsula Neighborhood; 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 the Peninsula Neighborhood, 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 20th day of Fe y , 2001 p~admn/re~peninsula.doc Resolution No. 01-36 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon tell call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman x O'Donnell X Pfab X Vanderhoef X Wilburn PITTON 0 F F I C E S PROFESSIONAL ASSOCIATIONFebruary 20, 2OO1 City Council c/o City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Peninsula Neighborhood preliminary plat Secondary access issues Our office and attorney Marion Neely represent Oakes Development Company. We understand that the City Council's agenda for today includes consideration of a resolution of approving the preliminary plat MICHAEL J. PITTON* Of the peninsula neighborhood development. and illinois OUr client has questions and concerns regarding the apparent lack of a secondary access in the area. The agenda indicates that the preliminary plat will include a 209 lot subdivision with 15 outlots, and the development plan provides for a neighborhood containing up to suite 503 41 O dwelling units. Iowa State Bank Building 102 South Clinton Street Iowa City. IA 52240 However, the City's own secondary access policy as outlined in the Phone: 319-33s-2508 Memorandum of Jeff Davidson dated October 12, 1992 (see Fax: 319-338 3334 attached), includes consideration of the size of the subdivision and 1 800 488 4430 pittonlaw@iowacitynet density of the housing. Those guidelines refer to the requirement for secondary access in subdivisions ranging from 29 to 44 dwelling units, and that standard has been customarily applied to other developers. As a result, favorable consideration of a development Minnesota Office plan containing approximately ten times the number of dwelling units ll0southdalePlace WithOUt a secondary access, appears to be in direct violation of the M,nneapohs. MN 55435 City'S own subdivision requirements and secondary access policy. Reasons for secondary access have been described as including public safety, emergency vehicle access, and traffic circulation. The fact that the City is in a unique position as both the land owner and regulatory authority in this case, gives rise to the need for additional concern. City Council Page 2 - "'-', February 20, 2001 City records include a Memorandum dated October 24, 1.997 from Jeff Davidson to Karin Franklin (see attached) in which .t..h~." r~ee&~:or secondary access in the peninsula development was evaluatedj was concluded that a street should be constructed to allow two means of access for various parcels of peninsula property. A drawing was also prepared reflecting the outline of the possible secondary access (see attached). However, even if that street is constructed, there would be no secondary access available to the peninsula development. This would preclude access by emergency vehicles and egress by residents if Foster Road becomes obstructed. In view of the City's own secondary access policy and the application of that policy to other developers, we would request that the City Council address the following matters when considering the peninsula neighborhood preliminary plat: 1. The manner in which the preliminary plat is consistent with the City's secondary access policy. 2. The timing of construction of the street connecting Foster Road and Laura Drive, relative to the completion of the peninsula development. 3. The extent to which other development in the peninsula area may be restricted due to the lack of a secondary access. 4. The need for secondary access in other proposed subdivisions, including those of a similar size and density (410 dwelling units) by developers in the future. Consideration of this preliminary plat without secondary access seems to indicate that the City may be applying a different set of standards in this instance, than those which have been applied to other land owners and developers. To our knowledge, no other development approaching this size has ever been permitted without a secondary access. As a result, clarification is required to specify the secondary access guidelines which will apply to future development. If the City's consideration of this development plan represents a policy change in that regard, our client and other local developers should be informed accordingly, so that there is a uniform application of PITTON secondary access standards. City Council Page 3 February 20, 2001 In view of these circumstances, and the importance of this issue to ongoing and future development, I would request the opportunity to address the Council at its work session and at the Council meeting today. Thank you. Very truly yours, Michael J. Pitton MJP:jg cc: Eleanor M. Dilkes Marion R. Neely Karin Franklin Oakes Development Company PITTON City of Iowa City MEMORANDUM Date: October 12, 1992 To: Planning and Zoning Commission From: Jeff Davidson, Asst. Director of Planning & Community Development '~ Re: Re-evaluation of City of Iowa City Secondary Access Policy The City's policy regarding secondary access Is pert of a larger set of policies which govern subdivisions and additions of property to fie city. The rights of the CIty to control land uee decisions were enacted by statute In 1931 and Incorporated Into Section 409A of the Code of Iowa. The rationale for the statute Is summarized in the following 1969 excerpt from the Iowa Law Revl_ew. Once an area of the CIty Is developed, the cost of change becomes prohibitive, and it becomes evident that a subdivider rms cast the pattern for the future of the community. Since urbanizelion of raw land at the Clty's edge is now me most important development area, it is here that the most significant public influence should be exerted. Although the Individual subdivider may see his particular subdivision as a complete unit, the planning agency or commission must necessarily view It as a segment of an entire community. The excerpt goes on to say that for the general health of the Community the city must ensure that public services and facilities can be provided to raew sulxIIvlslons and additions In an effective manner. This specifically Includes streets which can handle the anticipated traffic wh|ch will be generated, ExlMIng Policy The City's policy on secondan/street access is summarized on page 67 of the Iowa City Comprehensive Plan, attached for your information. The focal point of this policy is the following statement: The need for secondary access will be determined by the following factors including hut not limited to the size of the subdivision the tepog~aphy .of the land, the density of noustng, the adequacy of exlsUng streets serving the area, and the existing and projected development of adjacent land. This provides a broad policy statement on the Clty's requirements for secondan/access to subdivisions. This policy has become necessary because of the pattern of resldentiaJ development which has evolved over the past 30 years. Traffic concerns have given increasing favor to discontinuous street systems in newly developing ames. : 2 A look at an Iowa City street map illustrates this pattern of development. The pre-1965 areas of the city are characterized by grid street systems. A grid street system provides many alternatives for traffic to circulate. Post-1965 developments are characterized by much less continuity in the street system, an ol~vious effort to decrease traffic. on residential sireeta. This Is epitomized by the col-de-sac. a street design which provides for no circulation of traffic. A sedes of cul-de-sacs puts pressure on the connecting 'spine street." ';vhich must bear the bnjnt of all the traffic generated by the cul-de-sacs. There are varying opinions as to whether a residential area should have one or several entrances. As summarized in the UII publication Residential Streets, the advantages of multiple access points include: 1. Reduced congestion and internal traffic volumes due to alternative mutes. 2. Diffusion of traffic Impacts to the external road system. 3. Continuity in the internal street system for service, delivery, and maintenance vehicles, The advantages of a single access point include: 1. Elimination of through traffic and shortcutters. 2. Increased secudty. 3. A greater sense of nelghl3omood identity. The rationality of the Clty's secondary access policy was sstabllshed in the 1981 Iowa Supreme Court case O al~es Construction Co, v, The City of iowa City, iowa. This was an appeal of a DIstrict Court judgment upholOIng disapproval by the CIty of a prellmlnmy subdivision plat. The Supreme Coud upheld the Clty's position of the necessity for secondary access to a 44 dwelling unit subdivision. Testimony from City staff members outlined the following reasons why a single means of access to the proposed subdivision would be inadequate: 1. The ability of the overall street network in the vicinity to circulate traffic would be Inadequate, 2. It would exacemate existing traffic prol~lems and negatively impact the adjacent neighborhood. 3. Emergency vehicle access would not be adequate, 4, Non-local traffic would be added to a street with an elementary school. As previously stated, the vagueness of the Comprehensive Plan language has led to varying inteq)re~ations of when a secondary means at access should be required to a developmenL On oCcasion City staff has used a specific standard of 29 lots as being the point at which secondmy access should be required. It is believed this originated from a calculation based on a 900 foot cul-de-sac under the City's former R1-B zoning classification. It Is clear that a blanket standard such as this is not acceptal}le for all circumstances. Proposal $tan~lmr~ls for Requiring $econ~lary Access l! is recommended fie City's policy on secondary access be based on the axisling language In the Comprehensive Plan, but that there 13e more specific standards on when secondary access should be required. Staff has proposed the following checklist of cdlede for consideration, 3 1 j Secondary access shell be required if a proposed development wilt result In any portion of, ~e single access read being overburdened with traffic. "OverlNrdened" shall be dellned as a projected traffic volume which exceeds the midpoint design volume as designated in the Iowa City COmprehensive Plan for a local or collector street: Local street: 500 vehicle6 per .day Collector street: 2500 vehicles per. day Projected traffic volumes shell be determined by laidrig the most recant Average Daily* Traffic count which is aveilab4e, and adding to it projected traffic generation using the Tdp Generqtlon manual published by the Institute of Traffic Engineers. In the absence of a recent traffic count. projected traffic volumes shall be calculated by using the ITE trip 'generatiOn rams for beth existing and projected develobment. 2. A secondEuy means of access may be required when there are physical features which would inhibit emergency vertices access If the single means of access were blocked. These physical features may include but are not limited to: slopes of 8% or greater. floodplains as designated by the Federal Emergency Management Agency, wetlands im · designated hy the U.S. Army Corps of Engineers, a brldged or culverted waterway, vegetation with a t~unk diameter over two inches, a grade separated highway, or a railroad. 3. A secondary means of access may be reclulrad if the street which would provide the single means of access is a local or collector street, along which there era existing or prepssad facilities that would create pedestrian-motor vehicle confirms. Tl~ese facilities may Include but not be limited to schools, daycare centers, and perks. 4. Secondary access may be reK1uirad when there are special populations along the single access mad mat increase the prol3abillty of emergency vehlcte access being required, These spedel populations may Include but not be limited to elderly persons or persons with djsadJ/itles. 5. For e situation requiring secondary access, a single means of access. may be permitted as · temporary condition. A temporary sandillon shall be defined as one where there is. a wdtten assurance from the City Council or a ~0rlvate developer that the road which would provide secondary access will be constructed within three years. I will be present at your November 2 meetjng to .discuss this matter. If these standarde meet with your approval, staff will develop language Suitable for ~e City's subdivision regulations. jccog~p~2ndaccs.mmo City of Iowa City MEMORANDUM Date: October 24, 1997 - To: Kadn Franklin '" ' ' From: Jeff Davidson ! - Re: Peninsula developable land evaluation: ~ : :: ' In 1995 you, Bob MikJo, and I met to discuss the attached information which had been prepared for deterTnining the appropriate density of development on the Peninsula. The map and table assumed the eventual redevelopment of the Elks Club golf course. The difference between the "Estimated Total Acres" and "Estimated Developable Acres" was not based on anything very scientific, just a visual estimation of floodplain and steep slope areas. Our conclusions were as follows: 1. A street should eventually be constructed from the end of Laura Drive through the trailer park, then south back to Foster Road in the vicinity of Am Lane. This will allow public street access for redevelopment of much of the area, and provide two means of access for all Peninsula property except the Elks Club, the City, and the ten acre Meardon parcel (note: the ten acre Meardon parcel is not shown on the map or in the table; it is included in the City parcel). 2. Past Am Lane it is not possible to have more than a single means of street access, given the physical constraints of extending Taft Speedway any further west. Foster Road will provide the single means of access beyond Am Lane, and should be constructed as a hybdd arterial-collector street. Although functionally classffied as a collector street, Foster Road should have access control and setbacks consistent with an arterial. 3. The appropriate density. of development west of Am Lane is RS-5. Hi~her densities may be considered east of Am Lane because two means of access are available. 4. Foster Road will not be bridged over the Iowa River to Coralville or Rocky Shore Drive. A pedestrian bridge between the Peninsula and the Manville Heights area may be a possibility. This is my recollection of our conclusions. Let me know it you have any questions. cc: Bob Miklo bcvnemos~4-~JD.mn~ Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WESTCOTT HEIGHTS, PART 3A, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Westcott Partners, L.L.P., filed with the City Clerk the final plat of Westcott Heights, Part 3A, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Beginning at the Northwest Corner of the South One-Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88o41'25"E, along the North Line of Said South One-Half, and the South Line of Westcott Heights, in accordance with the Plat thereof Recorded in Plat Book 39, at Page 24, of the Records of the Johnson County Recorder's Office, 360.82 feet; Thence S40o55'06"W, 80.40 feet; Thence S38o39'47"W, 187.93 feet; Thence S30o28'28"E, 583.45 feet; Thence S66o06'11"E, 190.14 feet; Thence S31°24'02"W, 701.10 feet; Thence S30o16'18"E, 113.80 feet; Thence S66o27'53"W, 146.65 feet; Thence S16o26'14"W, 221.35 feet; Thence S87o52'16"E, 166.64 feet; Thence Southeasterly, 270.56 feet, along a 530.00 foot radius curve, concave Southwesterly, whose 267.63 foot chord bears S73o14'47"E; Thence S58o37'18"E, 59.85 feet; Thence Southeasterly, 214.24 feet, along a 220.00 foot radius curve, concave Northeasterly, whose 205.87 foot chord bears S86°31'10"E; Thence N65o34'58"E, 102.37 feet; Thence Northeasterly, 52.74 feet along a 67.50 foot radius curve, concave Southeasterly, whose 51.41 foot chord bears N87o58'01"E; Thence S69°38'57"E, 100.00 feet, to a Point on the Centerline of Prairie Du Chien Road, in accordance with the Official Plans of Johnson County Project STP-E-52(40)-5k-52; Thence S20o21'03"W, along said Centerline, 148.94 feet, to its intersection with the South Line of the Northwest Quarter of the Southwest Quarter of said Section 26; Thence N88o45'12"W, along said South Line, 1024.94 feet to the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 27, Township 80 North Range 6 West, of the Fifth Principal Meridian; Thence N87o52'16"W, along the South Line of Said Northeast Quarter of the Southeast Quarter, 1297.54 feet; Thence N00o08'16"W, along the Line of the Existing Fence, 1990.12 feet, to the Southwest Corner of Wescott Heights, Part Two, in accordance with the Plat thereof Recorded In Plat Book 41, at Page 58 of the Records of the Johnson County Recorder's Office; Thence S88o14'14"E, along the South Line of said Westcott Heights, Part Two, and the South Line of said Westcott Heights, 1305.41 feet, to the Point of Beginning. Said Tract of land contains 78.96 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 Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the flee 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 conditional dedication of the streets and easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,2001. MAYOR CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadminVes~westcot13a doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-00027. Westcot[ Heights, Pad 3A Date: December 21, 2000 Final Plat GENERAL INFORMATION: Applicant: Westcot[ 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: Final plat Purpose: To create a 47-1ot residential subdivision Location: West side of Prairie du Chien Road, south of Newport Road Size: 78.96 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: November 30, 2000 45-day limitation period: January 14, 2001 60-day limitation period: January 29, 2001 BACKGROUND INFORMATION: The applicant, Westcot[ Partners II, L.L.P., is requesting a final plat of Westcott Heights, Pad 3A, a 78.96 acre, 47~1ot residential subdivision located on the west side of Prairie du Chien Road, 2 south of Newport Road. The properly is located within Fringe Area A. The City recently reviewed and approved the preliminary plat for this property, subject to some conditions regarding the timing of road connections to Prairie du Chien Road and to earlier phases of the Westcott Heights subdivision to the north. ANALYSIS: The proposed final plat appears to be generally consistent with the City's subdivision regulations and the approved preliminary plat. Construction drawings and legal papers must be approved prior to City Council consideration of the plat. The preliminary plat for this property contained a total of 102.6 acres and 53 building lots. This final plat includes only a portion of the area covered by the preliminary plat, and contains 78.96 acres and 47 building lots. The subdivision regulations allow for the approval of final plats in phases. The preliminary plat approval for the remaining area will be valid for 24 months from the date of preliminary plat approval, after which a new preliminary plat would be needed for this portion of the property. As required on the preliminary plat, the final plat includes notes regarding the timing of road connections to Prairie du Chien Road and to Westcott Drive, a residential street located north of this plat. The notes require that the Prairie du Chien Road connection be made prior to the development of any lots within the subdivision, and that the connection to Westcott Drive be made prior to the development of Lots 1 through 22. This will help ensure that neighborhood street connections are made between the two areas, and that the current single-access situation in Westcott Heights Parts One and Two is not made worse with the development of this property. These notes must be also be incorporated into the legal papers for this subdivision. Two of the proposed streets contain substantial medians or islands within the proposed rights-of- way; Outlots C and D. If well maintained, these features have the potential to be attractive amenities within the subdivision. The legal papers should provide for ownership and maintenance of these areas by a homeowner's association. STAFF RECOMMENDATION: Staff recommends that SUB00-00027, a request for a final plat of Westcott Heights, Part 3A, a 78.96 acre, 47-1ot residential subdivision located on the west side of Prairie du Chien Road, south of Newport Road, be approved, subject to the approval of legal papers and construction drawings prior to Council consideration of the preliminary plat; A'FI'ACHMENTS: 1. Location map. 2. Preliminary plat 3. Final plat. Approved by: Robert ~M~k~k'o,~Senior Planner Department of Planning and Community Development SITE LOCATION: Westcott Heights, Pan Three A SUB00-00027 Preliminary Plat ~ ~ .... ~ -+-WESTCOTT HEIGHTS - P~T THREE ~ Johnson County, Iowa __ ~ ./ I.~0~ ~ J / ........... :~__r~_ ........... :~_ :i-~ Final Plat ' WestcoLt Heights - Part Three ,-,,, To Johnson County, Iowa ru,? P~'~,Xm~n dY ':' oll~es/~uemvlo,zRs olNats ATmP.'I'ZV IOIA Cfi'Y, ~!A, ~2240 IIOW,~ ;~rrft ~K)WA ~24~ K)WA CITY, m~/k ~44 ~ ou'n. oT' ,,,' ¢ ,,," ] ~_..~."r."~'_: "' ' ' ' t, /' 'B" .,,~ -- ~,,,,%~,,  ~ ~.~ ' '"' ..../ F.,'--.%.-=.'-.-,'~'.-.'---.,4 _--' .=_ -~'__ .,,, .... _._.L__=.:~ '"'-.. ......---_ :','-:. i/i The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Vanderhoef .. introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $15,115,000 SEWER REVENUE BONDS," and moved its adoption. Council Member 0'Donnel l seconded the motion to adopt. The roll was called and the vote was, A~{ES: Wilburn. Champion, Kanner. Lehman, O'Donnell, Pfab, Vanderhoef NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 01-37 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR7HE ISSUANCE OF NOT TO EXCEED $15,115,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $15, 115,000 Sewer Revenue Bonds for the purpose of paying costs of refunding outstanding Sewer Revenue Bonds, Series 1996, issued by the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $15, 115,000 Sewer Revenue Bonds for the foregoing purpose. -6- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3, The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this goveming body. PASSED AND APPROVED, this 20th day of February ,2001. ayor ATTEST: City Clerk PGOODRIC HX265185\1 \10714063 -7- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Wi 1 burn introduced and delivered to the Clerk the Resolution hereinafcer set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the ~. day of ,2001, at this place. Council Member Kanner seconded the motion. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnoll, Pfab, Vand~rhoPf, Wilhurn ~ NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 01-38 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $9,825,000 General Obligation Bonds for the essential corporate purpose of paying costs of refunding outstanding general obligation indebtedness of the City, including General Obligation Bonds, Series 1994, 1995 and 1996 and Capital Loan Notes, Series 1992, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -4- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $9,825,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution bc and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 20th .day of February ,2001. ATTEST: -5- Prepared by: EleanorM. Dilkes, CityAttomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-39 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GRAYTOWNE APARTMENTS FOR CONDOMINIUM UNIT 2-A IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Graytowne Apartments for condominium unit 2-A in said facility, which purchase agreement is attached hereto and requires City Council approval. WHEREAS, following public headng on the City Council's intent to approve said purchase agreement and to dispose of the property in accordance therewith, the City Council finds that the purchase agreement should be approved and that said property should be conveyed in accordance with said purchase agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance the attached purchase agreement between the City of Iowa City and Graytowne Apartments for condominium unit 2-A in Tower Place and Parking and the disposition of said property in accordance in with that agreement. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take all action necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 20th day of February ,20 01. .~proved by City Attorney's Office Annen',forms~Resolution Appmving Purchase Agreement dec Resolution No. 01-39 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum RESIDENTAL REAL ESTATE PURCHASE AGREEMENT Select(A) (B) and/or (C) ~ (D) ADDENDUM A 22 South Lima Street, Unit 2A, Iowa City, Iowa A. Said Unit 2A will be constructed in substantial conformity with the plans and specifications for the Tower Place and Parking facility. In addition, Buyer understands and agrees to the following: 1. Each tenant ("tenant" includes prospective owner of condominium unit) will be required to gain their own building permit for all work completed within their commercial space. No work will be allowed to commence until a permit is obtained. 2. Domestic ~vater will be stubbed into the mechanical room of each commercial space. The tenant will be responsible for providing branch water supply lines from this point to each plumbing fixture as required. 3. Sanitary sewer and sewer vent lines will be stubbed into each commercial space in one location each. The tenant is responsible for providing waste piping to each plumbing fixture. The tenant is also responsible for providing vent piping as required and tying it into the building vent system. 4. General sprinkler heads are provided in each space given an open plan. The tenant will be responsible for changing the sprinkler layout to suit their needs and gaining approval from the Fire Marshal for these changes. 5. Some branch supply ductwork is provided to each commercial space. This ductwork is designed for distributing the air within the space if it is fully open. The tenant will be required to design and provide all branch ductwork added to that provided in plans and specifications for the facility. The tenant will be required to design and provide all work required to add additional zones within their commercial space and have this work compatible with the Trane control system so the energy consumption within each space can be monitored with that space. 6. Gas service will be provided by each tenant from its entry point on the south side of the building. 7. An electrical panel will be provided in each tenant's mechanical room. The tenant is responsible for providing all branch circuits within their commercial space. · Circuits for the entrance lighting outside each commercial space's entrance is already provided. · Some inexpensive general lighting is already provided. · No outlets are provided. 1. The Buyer shall have 30 calendar days from mutual execution of this Agreement to perform a construction feasibility study of the Property. If, for any reason, the Buyer disapproves this Feasibility Study, this sale shall be null and void and of no further force of effect and the earnest money shall be returned to the Buyer. 2. This sale is subject to the approval of the Iowa City Council on or before February 20, 2001. 3. Parking: Included in the purchase price shall be (3) three City of Iowa city parking permit without fees for parking in Tower Place and Parking. Said permit is transferable to a subsequent owner of the real estate but may not be transferred independently of the real estate. 4. The Seller shall credit the Buyer $2,236.00 for painting and $4255.50 for ceiling at closing. 5. This offer is subject to Buyer entering into a lease agreement with Simmons-Perrine Law Firm within 45 days of the acceptance of the offer. 6. Buyer may have reasonable access to the property prior to closings for planfling and interior construction provided the Buyer obtains liability insurance acceptable to Seller and names the City of Iowa City and McComas-Lacina Construction as co-insureds. If the transaction does not close, the Buyer shall have no claim on any improvements made to the Property. 7. This sale is subject to the buyer obtaining financing suitable to the Buyer within 30 days of this Agreement. If the Buyer is unable to obtain said financing within the 30 day period, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to Buyer. 8. This agreement is subject to the Buyer's attorney reviewing and approving all purchase documents, Condominium documents, Covenants, Conditions and Restrictions within 14 calendar days of mutual execution hereof. ' Consensual Dual Agency Addendure ~F. LLER(S) City of Io~m City ...................................... Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5121 RESOLUTION NO. 01-40 RESOLUTION ESTABLISHING FEES FOR THE REGULATION OF ABANDONED/ VACANT BUILDINGS. WHEREAS, unmonitored, abandoned/vacant buildings are likely to become health and safety hazards due to lack of maintenance, lack of security, dilapidation and general neglect; and WHEREAS, it is in the public interest to register abandoned/vacant buildings with the City and to provide monitoring, regulation, and inspection of such properties to prevent the same from becoming nuisances and safety concerns; and WHEREAS, the owners of abandoned/vacant buildings are required by Ordinance #00-3954 to pay an annual fee reasonably related to the administration cost of registering and processing the vacant building registration form and the costs of the City in monitoring and inspecting abandoned/vacant building sites. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The fee schedules for registration and inspection of abandoned/vacant buildings be adopted and effective March 1, 2001. 2. Fees for registration and inspection of abandoned/vacant buildings shall be adopted as follows: a. $50 registration b. $80 annual inspection Passed and approved this 20th day o~~ ,20 Approved by ATI'EST: i~'y)~RK~ '~. '~2Z~2~{,,) ~"-~ C City Attorney's Office It was moved by Vander'hoef 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 × Pfab X Vanderhoef X Wilburn hlsadm/res/vacbldgdoc RESOLUTION NO. 01-41 RESOLUTION ADOPTING CITY OF IOWA CITY LAW ENFORCEMENT NON- DISCRIMINATION POLICY. WHEREAS, the mission statement of the Iowa City Police Department proclaims a primary objective of pursuing the ideal of a community free from crime and disorder in a fair, responsive, and professional manner; and WHEREAS, effective law enforcement rests upon the integrity of law enforcement and the mutual trust and respect of our citizens; and WHEREAS, professional law enforcement agencies should not endorse, by training or policy, enforcement practices dependent on racial profiling; and WHEREAS, traffic laws serve to promote the safe and efficient use of the transportation system and the enforcement of traffic laws is an essential element in reducing deaths and injuries caused by motor vehicle crashes; and WHEREAS, proactive traffic enforcement efforts based on probable cause, reasonable suspicion or other constitutional practices have been proven to reduce street crimes and increase the apprehension of criminal offenders; and WHEREAS, traffic enforcement annually leads to the interdiction of illegal substances and stolen property; and WHEREAS, there is a reported perception that some law enforcement officers in our country engage in discriminatory traffic enforcement practices through racial profiling; and WHEREAS, the reported perception and the underlying issue of discrimination through racial profiling is of paramount concern to law enforcement agencies as well as the communities these agencies serve; and WHEREAS, traffic stops made on the basis of a motorist's race violate fundamental civil rights and numerous law enforcement mission and value statements as well as our duties under the City of Iowa City policies and laws, the Iowa Code and the United States Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Police Department will continually conduct an examination of traffic enforcement strategies, and if appropriate, refine mission and value statements, training programs, field supervision, and the evaluation and documentation of citizen complaints and related responses to citizens, to ensure that racial profile traffic and pedestrian stops are not being employed by individuals within the Police Department and that citizens are treated equally and fairly pursuant to the Iowa and United States Constitutions. Resolution No. 01-41 Page 2 Passed and approved this 20th day of February ,20 01 ATTEST: .~,,~/x) ?/;2 -~ ~ - ~ ~ - 0 / CI LERK City A~orney's It was moved by ~l'i ] burn 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 clerK\res\racialprof. dec Ross Wilburn ~mbmiixccl original proposal w C.C. 25/01 BOLD ave proposed additions & 3TRIKI]TI IROUGIIS ate proposed deletions by Stev~n Kanner, 2/15/01 RESOLUTION # CITY OF IOWA CITY LAW ENFORCEMENT NON-DISCRIMINATION RESOLUTION THE CITY COUNCIL OF IOWA CITY PROCLAIMS ON THIS Day of , in the year : Whereas the employees of the Iowa City Police Department have goals that call for" ."(a commitment of professionally serving the community, etc. Get wording from police value statements.) historically demonstrated a commitment of professiormlly serving the community of~vhich they arc a part; and Whereas, effective law enforcement rests upon the integrity of law enforcement and mutual trust and respect of our citizens; and Whereas, professional law enforcement agencies do should not endorse, by training or policy, enforcement practices dependent on racial profiling (the singling out of people for law enforcement stops based on their nee, ethnicity or color of their skin); and Whereas, traffic laws serve to promote the safe and efficient use of the transportation system and the enforcement of traffic laws in is an essential element in reducing deaths and injuries caused by motor vehicle crashes; and Whereas, proactive traffic enforcement efforts based on probable cause, reasonable suspicion or other constitutional practices lmve been proven to may reduce street crimes and increase the apprehension of criminal offenders; and Whereas traffic enforcement annually leads to the interdiction ofvaat amounts of illegal substances and stolen property; and Whereas, there is a reported perception of our citizens, and evidence of fact, that some law enforcement officers in our country engage in discriminatory traffic enforcement practices through racial profiling; and Whereas, the reported perception, actual history and the underlying issue of discrimination through racial profiling is of paramount concern to law enforcement agencies as well as the communities these agencies serve; and -1- Ross Wilburn submittod original proposal to C.C. 2/5/01 BOLD are proposexl additions & STRIKETlqROUGHS are proposed deletions by Steven Kanner, 2/15~1 Whereas, traffic stops made on the basis ofa motorist's race, color of their skin, or perceived ethnieity violate fundamental civil rights, numerous law enforcement mission and value statements, and Iowa City community values. as well a~ our duties under the City of Io~va City policies and laws, Iowa Code and Unitod States Constitution (racial profiling should be illegal, but is it?); now therefore be it Resolved, that the Iowa City Police Department will continually conduct an examination of traffic enfomement strategies, and if appropriate, refine mission and value statements, training programs, field supervision, and the evaluation and documentation of citizen complaints and related response to citizens, to ensure that racial profile traffic and pedestrian stops are not being employed by individuals within the Police Department and that citizens are treated equally and fairly pursuant to the Iowa and United States Constitutions; and be it further Resolved that an outside independent and qualified agency will be hired to analyze the local statistics compiled regarding racial profiling; and be it further Resolved that the Iowa City Police Department's representative will make regular reports, and discussion o~ their findings regarding racial profiling to the Iowa City Police Citizen's Review Board and/or the Human Rights Commission and the City Council; and be it further Resolved that the City of Iowa City will be more assertive in its recruitment of minority and women applicants for Iowa City Police & Firetighten Civil Service positions; and be it further Resolved that the City of Iowa City will initiate a fact-finding study and/or ad hoe committee to study the history of discriminatory hiring practices (or lack thereof) of minorities and women for Police and Firefighter positions in order to ascertain if an affirmative action policy should be enacted by City Council. Mayor City Clerk Date -2- RESOLUTION NO. RESOLUTION ADOPTING CITY OF IOWA CITY LAW ENFORCEMENT NON- DISCRIMINATION POLICY. WHEREAS, the employees of the Iowa City Police Department have historically demonstrated a commitment to professionally serving the community of which they are a part the mission statement of the Iowa City Police Department proclaims a primary objective of pursuing the ideal of a community free from crime and disorder in a fair, responsive, and professional manner; and WHEREAS, effective law enforcement rests upon the integrity of law enforcement and the mutual trust and respect of our citizens; and WHEREAS, professional law enforcement agencies do should not endorse, by training or policy, enforcement practices dependent on racial profiling; and WHEREAS, traffic laws serve to promote the safe and efficient use of the transportation system and the enforcement of traffic laws is an essential element in reducing deaths and injuries caused by motor vehicle crashes; and WHEREAS, proactive traffic enforcement efforts based on probable cause, reasonable suspicion or other constitutional practices have been proven to reduce street crimes and increase the apprehension of criminal offenders; and WHEREAS, traffic enforcement annually leads to the interdiction of vast amounts of illegal substances and stolen property; and WHEREAS, there is a reported perception that some law enforcement officers in our country engage in discriminatory traffic enforcement practices through racial profiling; and WHEREAS, the reported perception and the underlying issue of discrimination through racial profiling is of paramount concern to law enforcement agencies as well as the communities these agencies serve; and WHEREAS, traffic stops made on the basis of a motorist's race violate fundamental civil rights and numerous law enforcement mission and value statements as well as our duties under the City of Iowa City policies and laws, the Iowa Code and the United States Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Police Department will continually conduct an examination of traffic enforcement strategies, and if appropriate, refine mission and value statements, training programs, field supervision, and the evaluation and documentation of citizen complaints and related responses to citizens, to ensure that racial profile traffic and pedestrian stops are not being employed by individuals within the Police Department and that citizens are treated equally and fairly pursuant to the Iowa and United States Constitutions. RESOLUTION NO. RESOLUTION ADOPTING CITY OF IOWA CITY LAW ENFORCEME NON- DISCRIMINATION POLICY. WHEREAS, the employees of the Iowa City Police Department have histod ally demonstrated a commitment to professionally serving the community of which they are a art; and WHEREAS, effective law e~f~orcement rests upon the integrity of w enforcement and the mutual trust and respect of our'ci!izens; and WHEREAS, professional law enforcement agencies do not e dorse, by training or policy, enforcement practices dependent o~[acial profiling; and WHEREAS, traffic laws serve to promote the safe and efficie t use of the transportation system WHEREAS, proactive traffic enforcement efforts b on probable cause, reasonable suspicion or other constitutional practices haQe b~ proven to reduce street crimes and increase the apprehension of criminal offenders; ah.d 'a WHEREAS, traffic stops made on the basi of a motorist's race viol~ fundamental civil rights NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COUNCIL OF THE Y OF IOWA CITY, IOWA, THAT: 1. The Iowa City Police Depa~m~nt will continually conduct an examination of traffic enforcement strategies, and if a~propriate, refine mission and value statements, training programs, field supe~ision, and the evaluation and documentation of citizen complaints and related responses to citizens, to ensure that racial profile traffic and pedestrian stops are not being employed by individuals within the Police Depa~ment and that citizens are treated equally and fairly pursuant to the Iowa and United States Constitutions. Resolution No. Page 2 Passed and approved this day of ,20 MAYOR EvedY,/ATTEST:',, it~A/~or~ CITY CLERK ',. C ~'sOffice , / It was moved by and seconded by," the Resolution be adopted, and upon roll call there were: AYES: NAYS: , ABSENT: ? Champion · ' Kanner ',., Lehman ', O'Donnell ;' '\ Pfab / Vanderhoef m