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Home My WebLink About2006-08-22 Resolution i'v\-J-c3 Gi2L Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-7'iR RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, lOW A, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon hislher filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Cream, LLC, dba Union Bar - 121 E. College Street Passed and approved this 22nd day of AU~ ' 20 06 ( LJ~ MAYOR ATTEST: n'f~L--~,) .;I. ck"auJ CIT CLERK Approved by ~~ \_ ~-O~ City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: ----X- ----1L x ----X- ----1L x ----*- NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-2')9 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Convenience Store - 114~ E. College Street Passed and approved this 27nd dayof rAnG ~ Oh MAYOR ATTEST:~t(d ~ ~~ Approved by ~~ \'5"'-O~ City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Chamoion AYES: ---1L- ---1L x X ---1L- ---1L X NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn Gi the M~ I ;s:illJ Prepared by: Susan Dulek. Assistant City Attorney. 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5030 RESOLUTION NO. 06-260 RESOLUTION SETTING PUBLIC HEARING FOR SEPTEMBER 5, 2006, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 938 LONGFELLOW PLACE. WHEREAS. the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS. on September 14. 1993. the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS. under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS. the Iowa City Housing Authority owns a single family home located at 938 Longfellow Place. Iowa City; and WHEREAS. the City has received an offer to purchase 938 Longfellow Place for the principal sum of $147,000; and WHEREAS. this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS. this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA. that: 1. The City Council does hereby declare its intent to convey a single family home located at 938 Longfellow Place. Iowa City. Iowa. also known as part of Lot 12. Longfellow Manor Condominiums. for the sum of $147.000. Resolution No. 06-260 Page 2 2. A public hearing on said proposal should be and is hereby set for September 5, 2006, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Bailev and seconded by adopted, and upon roll call there were: Chamnion the Resolution be AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x Passed and approved this 22nd day of A11Im~t ,2006. ~U~ MAYOR ATTEST: rn~ --}(. ~AJ CITY LERK Approved by ~~ ~~g-_oSa City Attorney's Office Resolution No. 06-260 Page 2 2. A public hearing on said proposal should be and is hereby set for Sept ber 5, 2006, at 7:00 p.m. in Emma J. arvat Hall of the Iowa City City Hall, 410 East ashington Street, Iowa City, Iowa, or if s id meeting is cancelled, at the next meeting f the City Council thereafter as posted by t e City Clerk, and that the City Clerk be and' hereby directed to cause notice of said publi hearing to be published as provided by la It was moved by Baile adopted, and upon roll call there wer AYES: NAYS: Passed and approved this 22nd Approved by ~~ City Attorney's Office and seconded by r.hamniO./ / / , , the Resolution be ABSENT: ;' / I / f ! Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn , . / , I I I day of ,2006. U~ \ , \ \ \ \ \\ fv\~> u []l[J Prepared by: Mitchel T, Behr, Asst. City Atty" 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 06-761 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF RESTRICTIONS AND COVENANTS ON AIRPORT PROPERTY RELEASED FOR THE MORMON TREK BOULEVARD EXTENSION WHEREAS, the City is currently extending Mormon Trek Boulevard across the southern edge of the Iowa City Airport; and WHEREAS, the Federal Aviation Administration has released a parcel of airport property containing approximately 9.47 acres to allow said extension of Mormon Trek Boulevard, on certain terms and conditions set forth in the release attached hereto; and WHEREAS, the terms and conditions of the Federal Administration's release need to be imposed as a restrictive covenant on the land, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached Declaration of Restrictions and Covenants, Passed and approved this 77nd day of AUI!ust ,2006, ~( - ) J-0t.A^ MAYOR ATTEST: ~ 1(. ~ ITY CLERK Approved by: Il~~ ~,(;/~ Resolution No. Page 7 06-26] It was moved by R~ il Py and seconded by adopted, and upon roll call there were: AYES: 1{ x X 1{ 1{ x x NAYS: Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Declaration of Restrictions and Covenants The undersigned, City of Iowa City, Iowa, owner of the real estate described on Exhibit A to the letter from the U.S. Department of Transportation, Federal Aviation Administration attached hereto and incorporated herein by this reference, hereby imposes upon said property, and agrees to comply with, all of the provisions set forth in said letter as conditions of the property being released from the conditions and restrictions of the Grant Agreements as set forth therein. Said conditions shall be binding upon all the present and future owners of the property as covenants running with the land and with such force and effect and shall be contained in any and all conveyances of the land. n~ Executed this ZZ - day of 4u.eu-so 2O'G:~J 1..QL MAYOR ATTEST:)-,1 b..uA-~ k'. cNt:U1) ~rk APproved~ ~ ~L, City Attorney's 0 Ice sI slc?Goo STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ZZ ttl- day of A ...~..u.'1 , A.D. 2006, before me, the undersigned, a notary public in and for the Stat of Iowa, personally appeared Ross Wilburn 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and ~ them voluntarily executed. S.....d..AL f-...... b rt com~i~s~,?n~~rg9791 Notary Public in and for the State of Iowa . . My Co mission ExpIres I ow ? (), My commission expires: ~? /0 'I ( ( . o U.S. Department Of Transportation Federal Aviation Administration Central Region Iowa. Kansas Missouri, Nebraska 901 Locust Kansas City, Missouri 64106-2608 MAY 1 7 2006 Mr. Stephen Atkins City Manager City ofIowa City 410 East Washington Street Iowa City, IA 52240-1826 Dear Mr. Atkins: Iowa City Municipal Airport Iowa City, Iowa Request for Release (Approximately 9.47 Acre) The request for release of airport property, containing approximately 9.47 acres, as described and depicted on the enclosed Exhibit A, is approved. It is our understanding that the City of Iowa City will use this property to construct Mormon Trek Boulevard. The following provisions must be made part of the instrument of conveyance for the sale of the property: a The City ofIowa City reserves to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, including the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through such airspace for landing at or taking offfrom or maneuvering in the vicinity of the Iowa City Municipal Airport. b. The City expressly agrees for itself, its successors and assigns, to prevent any use of . the subject property, which would interfere with landing or taking off of aircraft at the Iowa City Municipal Airport, or otherwise constitutes an airport hazard. c. The City expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth, and other obstructions to a height of not more than 833 feet above mean sea level (AMSL), or other height as determined by an FAA airspace review under Federal Aviation Regulation (FAR) Part 77. FAA Form 7460-1, "Notice of Proposed Construction or Alteration" is to be submitted to the FAA and an unobjectionable determination received prior to commencement of construction. Runway 18/36 is to be closed permanently before beginning construction. (l / i I I I I ! The City, through grant agreements with the Federal government, has assured that it will take appropriate action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities compatible with normal airport operations. Any non-compatible use of the subject land by the Grantee, its successors or assigns, may jeopardize Federal funding for future airport projects under any grant-in-aid program administered by the FAA. The City is released from the conditions and restrictions of the Grant Agreements issued to date insofar as this land concerned. However, as an airport sponsor receiving Federal funding by virtue of the grant-in-aid program, the City is still obligated to comply with the continuing commitments that it made as a condition for the granting of Federal funds. The Airport Sponsor Assurances are the basis for it's contractual obligations. Inasmuch as the City has committed to making the airport as self-sustaining as possible, fair market value for the property should be obtained. The net proceeds received from the sale of the land are considered to be airport revenue and must be used for airport purposes. The next revision of your Airport Layout Plan should reflect the change in airport property. a.... A~ Ii j/.A- Manager, Airports Division Enclosures i I I I [ t ~ ~ I I I I I I I I I I I I EXHIBIT A IOWA CITY, IOWA . .~.. . "'. ... DEStRIPTlllI\; fIeERIY' ro BE lIB.EASEIl ," ',,' .... . . , .. A eARW. IIF UIIl SlTUltal IN PART ~ THE EAlrr 1.1II5.!IIHEET!IF THE IlIlIlIINEn 1/4 IF TIlE, SlJl'I'HEJS1: lI4 INII pmr IF 1lIE NlIRTIIEAST 114 IF lUE SIIIIlIUSl' IIf IlLSO 1lE1NI: ' LDT t:!1" A _ FlIR J. $. WllI.ES, APRIL C. 11m. ~ II 1l1lIlI;:36 OAliE JlZ., II 1IlE JDIllSllII,fllIIlIl1'I _'S llI'iu:Er,' J/J: BEIRB 1ft SB;l>IlJI u. 1Il>IISH!P lUllllTIJ, IlUIllE &:EST lII' 1IIE !1Il,P1llllClJ'N. IOjlIUft. ellT llf. IllId 1U'fC., ~ IF dllHll!tllt. ' Sl'Ali. IF rolk. ~ Plo1lTlCWI1l.Y 0ESQlI1Iill AS fW.0ISr ' , ClIIIalliiftC IT ,lIIE EAST u.i.c:r,JINER iJE JilID SOtmll Zll _ SlIII1IIlIIl' lllElll!EiSl z!' 1_151 ;;&. rSEaJjDSt lIl5T f AS51I.al"1lENll1lll FIIlI lIE RJD!1l!E OF 11\[$ IIESI;lIlI'TlOllI III lIE EiST LII!E IF lIE ftllI1IlE.CST 114' 1IF 'lIE SIIIl1IEJ$T 1'14 IIF SAID sa:TIlIl 21, A QlSTAlfCE OF 1.304,12 RS' 1l! l!E SIIIlII'LIIE!IF 1IIE JDI1IlEiST I/~ 1IF lIE SIIJ1IIOjST 1/4 OF SliD ~1D!l 21: 1lISlC\l ~ ~'5Al'!i4' 'EST 1lH, lilt' SDIlIlI LiRE 1IF THE IIallJI[Alrr "'4lF lIE SIlIlIEJST U40F Slm SB:T1lIN,:U. 1 olSTNfCE OP'SSl.8S FEU TO IIIE 'PIlE5ENT JIlII1II1ESIBILY llGilT-lIf-WAY LIIE: 1IF IIJJ DIGllli1y ~8, 8[lJiG 1IlE .." , POINT IF llEDlliIIUIG OF'1IlE PAIlCS. OF UMII1EREIN llI;SCBIIIED' '1IlElI:l!. SlIUlll: ae'so' S1" tESlllft tIlE SI!l1lI LIfE 1IF 1IlE IIIllllIIElst lie IIF mE SIII1lIEASl' i/4 JlID mE SIIJlll LIItE IF 'lIE IUlRmelT 11-1 1IF ~smi11lEA$T IIi IIF' SAID ~IDN 21, A DISTANCE 1IF 1.176,Z'l FfET IU me IE5l LIII!' IF THE ~T "~DD FEET IF 1I!E IIIIll'IMST 114' OF THE SlIUmosl,lIC or SliD SECTIDII ZI' mea IQl1II 00"IS'41' EAST D11111E IESl LlIIE Of THE EASr 1.0G5..GD FEET OF TIE HlIIl1IIIE5r,1i4 IIF 1HE SaJIlEAST 1'14 If SliD SECTl1llt 21. A 'DISToIlICt IF 2IB.SO FeT IU 1IlE NIJlI1IlElILY RI&ar..__UY L111E Of _ lI1EX IlU..EYARD. lDBiCE EASlERLY lIlI1IIE IIIl~Y RrCIIT~-UY 'LIlE IF IdIlllN 00 , 1IlIJ.EI/AIlIi llEIHIlI'ID.ll5D..aD-fllOT RADIUS einM. 'ClIItI.VE 5I!JT1lERt.1 AMi,HAllN1l A 7S.3H'DDT UJfG tHOlID 1IE.IIl1llll'RII\TII H'.q'l" EA5!. fJLlI3 FeT URC LEmHI. TIElll:l! IlIlIlJII er48'14~ EJST 1ll11lE 1IIIII1IIEIU RIGIIT-lIF'-ll1Y LIlE OF 1IlA!III, ma JIlUVARll, In ,4:l FEET; 1IEIICt ,iiQIIIIUSltII.Y IlIIlllE IIIlII1lEllLY RlllllT-lF"$IY LINE OF _ TReK IllllLEJIHI IIEIIIG A 8JD,OO'fIIJT IWIIl1S CIIM;" CIlIItA~ , SlIlIIIllESlERLY .\l1li111'011;.1 455.!1..f11l1T t.atG CllOIID IlE.\RIIlII SllUTIl '/5'\5'11' EAST, 41il.!t feET IARC UlIIllllI ro 11E1'Ilf:sEllTlO!I1IlE.<1ERLY,llmrr-llF-lIlHIlE IIF WI HlGIl'IlY,2181 _ 5IXI1IIlIE5lB1LY 1lII11IE mESEIIT HlII1IIYo5TERlY RIGIIT-4lE-lIAY LINE ,IF l1JI HIGllY.\Y 218. llEllIG 1 2.iHl,U-fll11T 1WI1US CURE.' CllJICA'I( 5llI1IIEAS1EIllY AHJI K1YIIlll a 138.i3-R1Or I.DIlG CII!lIIII IIEARIKG SllUTD'3..~7'80'lEST, 13!l.74 FEET IARC I.BlGlItI m !HE !'lllIIT If lIfGINKIIfll. ' " . cmrAlNIHG 4l2.sn SI1WlE ~T Cll 5.47 AcilEs. ~., . : .. . ...,....,......;.. 03100.30) East Side GSR (2004) land acquisition for groundwater storage reservoir from SI. Mar1<'s Church; Council approval 4/6/04 to purchase 4 acre portion of a 70 acre parcel [former Marie Trimpe property] @ SE Lower West Branch Road I east side of Taft Aveune; located outside City Iim~s so County subdivision proceedings required; Closing 10/27i04 . . East Side Groundwater Storage Reservoir Subdivision (Johnson Co) City is subdivider; F.Plat approved by City 8/3/04 A3100.3(k) Slothower GSR groundwater storage resevoir acquisition [SpiersIS&J Development] A3100.3(1) Private Well Restriction Regulation A3103(1)1 Dewatering @2650S. Riverside Dr. CNm. Moeller) A3100.3(m) Metered Vaults (1999) proposed amendment reo requiring water usage to be metered D3100.3(n) Water Treatment Facility: Acquisition of Iowa River Power Dam (1996) Resolution 96-15 authorized transfer of ownership agreement with Johnson County A3100.3(o) Dodge Street Ground Storage Reservoir (2002) Roberts Dail)' inquil)' reo lease ofland A3100.3(p) A3100.3(q) A3100.3(r) Water Treatment Facility Site: Geologic Survey/Enviro. Assessments COE/SHPO permitting process A3100.3(r)1 Cultural Resources Phase I Investigation BearCreekArcheolegy A3100.3(r)2 Cultural Resources Phase II prehistoric archeological site A3100.3(r)3 Memorandum of Agreement (MOA) COE ~404 Permit A3100.3(r)4 Memorandum of Agreement (MOA) Iowa River Power Dam A3100.3(r)5 Stabilization of Montgomery-Butler House A3100.3(s) Water Treatment Facility: Water Main Construction Project (1996) Installation of water main from old treatment plant on Dubuque Street along Iowa River; Res No 94- 272 authorized property acquisition reo . T/C/E & Permanent City Utility Easement Agreements (Phi Delta Theta House; Alpha Eta Chapter of Sigma Chi; Bradford Houser) . Permanent Easement Agreement w/UI (tlele not signed by UI?) A3100.3(1) A3100.3(u) Water Treatment Facility: COE Permit Section 404 (1998) CEMVR-RD-318170-1 . IDNR ~401 Water Quality Certification effective March 17, 1997; recorded 4110/98 per Special Condilion No.6 A3100.3(v) Water Treatment Facility: Citicasters Co (2000) T/C/E for reconstructing entrance drive to owner's property (KXIC IJohnson Co Broadcasting Corp IABC) & water treatment plant par1<ing lot A3100.3(w) Water Treatment Facility: Phase IV Water Project Emerald Reservoir to Iowa River water main construction along Rocky Shore Drive (Riley, UI, IAIS, CRANDIC) CONSIDER A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF RESTRICTIONS AND COVENANTS COMMENT: The City is currently extending Mormon Trek Boulevard across the southern edge of the Iowa City Airport. The Federal Aviation Administration has released a parcel of airport property containing approximately 9.47 acres to allow said extension of Mormon Trek Boulevard, on certain terms and conditions set forth in the release attached hereto. The terms and conditions of the Federal Administration's release need to be imposed as a restrictive covenant on the land. This resolution approves and authorizes the execution of a Declaration of Restrictions and Covenants approved by the Federal Aviation Administration. M~ r 08-22-06 I 2f(2) Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 06-262 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FARMERS AND MERCHANTS SAVINGS BANK, IOWA CITY, IOWA FOR PERSONAL BUSINESS PROPERTY LOCATED AT 345 SOUTH DUBUQUE STREET, IOWA CITY, IOWA WITHIN THE BUSINESS OF GROUNDS FOR DESSERT COFFEEHOUSE. WHEREAS, the City of Iowa City is the owner of the fOllowing described real estate: The Court Street Transportation Center, commercial space of approximately 2,460 square feet, bearing the address of 345 S. Dubuque Street, Iowa City, lA, (hereinafter '~premises") WHEREAS, the City of Iowa City has executed a lease agreement with Grounds for Dessert Coffeehouse for the premises; and WHEREAS, the City, under Iowa Code Section 570 would be entitled to a statutory lien against the personal business property contained in the premises in the event of a default by Grounds For Dessert Coffeehouse; and WHEREAS, Farmers and Merchants Savings Bank will be providing Grounds For Dessert Coffeehouse with a small business loan, including money for all the equipment which would be subject to the statutory lien, contingent upon the City subordinating our lien rights to theirs; and WHEREAS, Farmers and Merchants Savings Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of Farmers and Merchants Savings Bank; and WHEREAS, the City maintains its property interest in the premises, and can re-lease the premises in the event of a default; and wHEREAS, it is in the City's interest to see Grounds For Dessert Coffeehouse receive the loan and succeed as the City's tenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City Farmers and Merchants Bank, Iowa City, Iowa. Passed and approved this ??nd day of AnP'l1~t , 20--'l.fL.. Resolution No. 06-262 Page -L ~uJL- MAYOR ATTEST: ~;",.<-) k. 1<av.J CITY CLERK ~pproved by , ~ - 8~~fo City Attorney's Office It was moved by Ba ilev and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: r.h~mpion the Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn State of Iowa Splice Above This Line For Recording Dllta . Prepared By:THOMAS S MARTIN FARMERS & MERCHANTS SAVINGS BANK 2235 MORMON TREK BLVD, IOWA CITY, IA 52246 (319) 341-5900 Return To: FARMERS & MERCHANTS SAVINGS BANK 2235 MORMON TREK BLVD IOWA CITY, IA 52246 Full Legal Description is located on LANDLORD LIEN SUBORDINATION AGREEMENT 1. DATE AND PARTIES. The date of this Landlord Lien Subordination Agreement (Agreement) is The parties and their addresses are: LANDLORD: CITY OF IOWA CITY %PARKING AND TRANSIT DIRECTOR 335 E. IOWA ST. IOWA CITY, IA 52240 o If checked, refer to the attached Addendum incorporated herein, for additional Landlords, their signatures and acknowledgments. The Addendum is located on LENDER: FARMERS & MERCHANTS SAVINGS BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE sTATE OF IOWA 2235 MORMON TREK BLVD IOWA CITY, IA 52246 2. DEBTOR. This Agreement concerns Property that is owned or will be owned by (referred to as "Debtor" in this Agreement): GROUNDS FOR DESSERT COFFEEHOUSE, INC., CORPORATION 345 SOUTH DUBUQUE STREET IOWA CITY, IA 52240 IOWA LANDLORD LIEN SUBORDINATION AGREEMENT ~. @1984, 2000 Banke", Systems, Inc., St. Cloud, MN Form SUB-lLSB-IA 1"8/2005 (pege 1 of 5) 3. DESCRIPTION OF THE PROPERTY. lender and landlord have or may acquire statutory, co:mmon law or contractual liens, security interests or other interests in or on personal property (Property). The Property includes all personal property located in or upon leased Property, together with accessions, accessories, additions, cash, fittings, increases, insurance benefits and proceeds, parts, products, profits, renewals, rents, replacements, special tools and substitutions, wherever located, whether or not held by a bailee for the benefit of the Debtor. For purposes of this subordination agreement, the Property does not include the following: 4. lEASED PROPERTY. Some or all of the Property is or may become located on, affixed to or otherwise attached to real estate leased by landlord to Debtor (leased Property) and located at 345 SOUTH DUBUQUE ST. (Address) IOWA CITY (City) JOHNSON (County, Parishl, IA (State, District, Commonwealth), with the legal description as follows: GROUND TRANSPORATION CENTER landlord has leased to Debtor the leased Property under a lease (lease) dated 06-27-2006 for a term of 5 YEARS . The lease includes all of its amendments, replacements, additions, extensions, renewals and substitutions. 5. CONSIDERATION. In order for Debtor to obtain the loan, lender requires that landlord subordinate landlord's statutory, common law or contractual liens, security interests and other interests in or on Debtor's Property to lender's security interest that has or will be placed on the Property to secure the loan. For the purposes of this Agreement, "loan" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes and this Agreement. landlord acknowledges that landlord will benefit from the loan to Debtor, wants to assist Debtor in obtaining the loan, and is willing to subordinate landlord's statutory, common law or contractual liens, security interests or other interests in or on the Property in order to do so. 6. SUBORDINATION. landlord subordinates to lender any and all statutory, common law or contractual liens, security interests or other interests in or on the Property that landlord has or may acquire. Priorities will be determined by law except as otherwise provided in this Agreement. 7. CONDITION PRECEDENT. If lender's security interest is wholly or partially unperfected or avoidable, then this Agreement's subordination and reordering of priorities will not apply as to that unperfected or avoidable portion of the Property. (pags 2 of 5) Ex(5iiire.- @1984, 2000 Bankers Systems, Inc., St. Cloud, MN Form SUB-LLSB-IA 1/18/2005 8. PRIORITIES. This Agreement's subordination and priorities are applicable regardless of the time or order in which the statutory, common law or contractual liens, security interests or other interests were attached, perfected, filed or recorded. This Agreement's subordination and priorities are also applicable regardless of the failure to give a written notice of the acquisition of a purchase money security interest or lien. 9. POSTPONEMENT OF RIGHTS. Until Lender gives Landlord written notice that Debtor has satisfied all debts, liabilities and obligations owed to lender and lender terminates or releases Lender's security interest in the Property, landlord will not do any of the following: a. Enforce landlord's statutory, common law or contractual liens, security interests or other interests. b. levy execution on the Property. c. Notify any account debtors or other obligors of Landlord's subordinated statutory, common law or contractual liens, seourity interests or other interests in the proceeds. d. Otherwise interfere with lender's security interests in the Property, 10. RIGHT OF ENTRY, INSPECTION AND REMOVAL. lender's authorized agents may enter the leased Property at any time to install, attach, affix or locate the Property on the Leased Property or to inspect the Property. After any default on Debtor's debts, liabilities and obligations to Lender, Lender's authorized agents may also enter the leased Property at any time to remove or to conduct a sale of any or all of the Property. t-/?'- 11. REAL PROPERTY'S VALUE. laRellerel speeifieall', wai'/as tl=l9 riSRt te SelTlaRG:I aelail1.:late u- &eowrity aReI fBi~tilclfs9~eRt fer aR',' aaffiagBs 1e tRB Leases Prep-aw,' er fer aRY ~ dimir.nJtioR ...f ..he 19i1i'vd PPJ'p9rty'r "711'19 \A'l:IeR 19Rd9r't illJthQri:zed 'lIQ9Rtr rtlmO"g the P'-'" Prepert\', geeter, Ret beRser, is respeRsiL1le aRs liable fer tl=l9 leases PreJleFt.;,s . seRditieR eetere aRe aftar aR'/ f8FF1e"al ef tA8 Pfep8J1:'/. lender will account to landlord for what lender collects or realizes on the sale or disposition of the Property after paying Debtor's debts, liabilities and obligations to Lender. 12. AGREEMENTS. landlord agrees that lender will be under no duty or liability with respect to the protection, preservation or collection of the Property or any rights pertaining thereto beyond the safe custody of documents and instruments in its possession, but will be liable to account to landlord only for what lender collects or realizes, 13. NO OBLIGATION TO lANDLORD. This Agreement will continue regardless of any action that lender and Debtor take concerning the debts, liabilities or obligations that Debtor owes Lender and any promissory notes, guaranties, security agreements or other documents evidencing these debts, liabilities or obligations. lender may apply all Debtor's payments to the debts, liabilities or obligations that Debtor owes lender, even when not then due. 14. WARRANTY. If the landlord is not an individual, landlord warrants that landlord's board of directors or landlord's board's loan committee (or other governing group) approved this Agreement, that the minutes or a written resolution reflect this approval and that Landlord will maintain this Agreement and the minutes or resolution as a part of landlord's official record. {page 3 of 5} ~e @1984, 2000 BanklifS Systems, Inc., St. Cloud, MN Form SUB-lLSB-IA 1118/2005 15. THIRD PARTIES NOT BENEFITED. This Agreement is solely for the benefit of lender and landlord and no other person or persons will have any right, benefit, priority or interest arising from or under this Agreement. lender and landlord specifically reserve any and all of their respective rights, security interests or liens, against Debtor and any third parties. 16. EXTENSIONS. landlord substitutions of the debts, further notice to landlord. consents to all renewals, extensions, modifications and liabilities and obligations that Debtor and lender make without 17. TERM. This Agreement will be in effect until all of the debts, liabilities or obligations that Debtor owes lender are fully and finally paid and lender does not have any remaining obligation to advance funds to Debtor. landlord agrees that this Agreement will be revived to the extent that a trustee, custodian, receiver or other party voids or sets aside any payments for the debts, liabilities or obligations that Debtor owes lender. 18. ADDITIONAL DOCUMENTS. landlord will execute any additional documents that lender requires to carry out this Agreement. 19. NOTICE. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. landlord will inform lender in writing of any change in landlord's name, address or other applicable information. Time is of the essence. 20. AMENDMENT, INTEGRATION AND SEVERABilITY. This Agreement may not be amended or modified by oral agreement. No amendment or modification of this Agreement is effective unless made in writing and executed by lender and landlord. This Agreement is the complete and final expression of the agreement. If any provision of the Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 21. SUCCESSORS. The duties and benefits of the Agreement will bind and benefit the successors and assigns of Lender and Landlord. 22. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of the Agreement. 23. WAIVER. By choosing anyone or more remedies lender does not give up lender's right to use any other remedy. lender does not waive a default if lender chooses not to use a remedy. By electing not to use any remedy, lender does not waive lender's right to later consider the event a default and to use any remedies if the default continues or occurs again. 24. APPLICABLE LAW. This Agreement is governed by the laws of Iowa, the United States of America and to the extent required, by the laws of the jurisdiction where the Property is located. 25. WAIVER OF JURY TRIAL (not for consumer loans). 0 If checked, all of the parties to this Agreement knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Agreement or any other related loan document or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counselor that each party had the opportunity to do so. (page 4 of 5J ~(jj @1984, 2000 SinkeR System$", Inc., St. Cloud, MN Form SUB--LLSB-lA lf1812005 26. ADDITIONAL TERMS. 27. SIGNATURES. By signing, landlord agrees to the terms and covenants contained in this Agreement. landlord also acknowledges receipt of a copy of this Agreement. CITY OF IOWA CITY (E~~~ (Signature)ROSS WilBURN, MAYOR ~k.~~ (Signature) ARIAN KKARR, CITY CLERK ACKNOWLEDGMENT: STATE OF , COUNTY OF On this day of I1ndividuall state of Iowa, personally appeared } ss. before me, a Notary Public in the to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. My commission expires: (Notary Public) STATE OF IOWA , COUNTY OFJOHNSSON } ss. On this Zz.. ~d day of Aw;,....s-r- before me, a Notary Public in the lB"'~' state of Iowa, personally appeared ROSS WilBURN: MARIAN J(KARR Of Entity to me personally Acknowledgmentl . known, who being by me duly sworn or affirmed did say that that person is MA YOR: CITY CLERK (Titlel of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said MAYOR: CITY CLERK !Title) acknowledged the execution of said instrument to be the voluntary act and deed of said entity by it voluntarily executed. M commission ex ires: 0 -07-2009 I; SONORAE FORT S-dMd h-b o ~ Commission Number 159791 (Notary Public) , ow' My:om~I~Explre. SONDRAE FORT /S<f5iiia.$ @1984, 2000 Bank.rs Svlrtem$, Inc., St, Cloud, MN Form SUB-LlSB-IA 1/16(2005 (page 5 of 5) M~ c:J Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-263 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 1528 CROSBY LANE, IOWA CITY, IOWA. WHEREAS, on August 28, 2003, the owners of 1528 Crosby Lane executed a Second Mortgage in the amount of $16,500 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the loan was fully paid on August 1, 2006; WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1528 Crosby Lane, Iowa City, Iowa from the Second Mortgage recorded on January 14, 2004, at Book 3687, Page 406, at the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation and to record said certified resolution with the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this 22nd day of August ,2006. ~u~ MAYOR ATTEST: }h~ ~'.,~.J k. i!.a.vJ CITY C ERK Approved by ~~ '&- ~ .0(0 City Attorney's Office Resolution No. Page ? 06-261 It was moved by R~ i1 Py and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: y x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x x Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City ofIowa City does hereby release the property at 1528 Crosby Lane, Iowa City, Iowa, and legally described as follows: Lot 91 in Part Two Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 6, page 74, Plat Records of Johnson County, Iowa, from an obligation of the property owners, 1. Mohamed Ali and Nagwa Ibrahim, to the City of Iowa City in the principal amount of $16,500 represented by a Second Mortgage recorded on January 14,2004, at Book 3687, Page 406, at 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. By: Crp-o) IOWA CITY, IOWA ~(~~ Ross Wilburn, Mayor By: Vh~--~-..-/ I<!. si!~~ Marl K. Karr, City Clerk Approved by ~ ~-<; ,~~ City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY) On this Z1. ,,~ day of Alott;,....s-r- , 2006, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ross Wilburn 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. i' SONDRAE FORT 8 '\ Commission Number 159781 . . My Com ss10n Elcplnla ow 7 0 s.....d..1U.. i="-v Notary Public in and for the State ofIowa M+'6 I]f[J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. Oh-?hL. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 71310TH AVENUE, CORALVILLE, IOWA AND 2001-2003 8TH STREET, CORALVILLE, IOWA. WHEREAS, on July 14, 2003, the owners executed an Agreement with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 713 10th Avenue, Coralville, Iowa and 2001-2003 8th Street, Coralville, Iowa from an Agreement, recorded July 17, 2003, Book 3589, Page 273 through Page 293, of the Johnson County Recorder's Office. Passed and approved this 22nd day of AUQ:UHt , 20..llli..-. ~u~ MAYOR ATTEST: }~~_~ k. -A-bAA.J CITY RK Approved by ~ %'- 8;'-0<, City Attomey's Office It was moved by Bailev and seconded by Chamoion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~~ x ~~oo y Correia y Elliott x O'Donnell x Vanderhoef X Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Anthony R. Bryant and Diana J. Bryant, d.b.a. The Rack Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 713 10th Avenue, Corallville, Iowa, and 2001-2003 8th Street, Coralville, Iowa and legally described as follows: Coralville Heights, Lot 4, Block 8 Recorded in Johnson County, Iowa according to the recorded plat thereof. and Lot sixteen (16) in Lantern Park First Addition to Coralville, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 6, page 42, Plat Records of Johnson County, Iowa. from an obligation of the owners, Anthony R. Bryant and Diana J. Bryant, d.b.a. The Rack, to the City of Iowa City represented by an Agreement, recorded July 17, 2003, Book 3589, Page 273 through Page 293 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 reco~nU ~ MAYOR ATTEST: ~ k. ~ CITY RK Approved by ~~ <<-~~ City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COuNTY ) On thisZ:Z ~ day of Aw;.l/oET" , A.D. 20 <> I, , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn 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 ~alf of the corporation by authority of ns City Council, as centained in Resolution NO.olo.t4j adopted by the City Council on the.zz::.. day A..~..sr , 20 0 " and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said cerporation, by n and by them voluntarily executed. i SONDRAE FORT o '\ Commission Number 159791 . . My Commission ElcpIrea -1-0 ~M Notary Public in and for Johnson County, Iowa M-I-(j r;o Prepared by: Denny Gannon, Assl. City Engineer, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-76'; RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR JJR DAVIS SECOND ADDITION AND JJR DAVIS THIRD ADDITION, AND DECLARING 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 JJR Davis Second Addition and JJR Davis Third Addition, as constructed by OEC, Inc. of Kalona, Iowa. Paving improvements for JJR Davis Second Addition and JJR Davis Third Addition, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. 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 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. Passed and approved this 27nd day of AUQ:ust ~u~L MAYOR ATTEST:)l1/O',,(~-..J -/:, ~ Cti=ftLERK Approved by l!~h ~;,>-((/U It was moved by R" i1 Py and upon roll call there were: and seconded by C.h~mp; on the Resolution be adopted, AYES: NAYS: ABSENT: x X 'j X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglreslJJR Davis.doc j +. ' -, J\ . (::::, ,~ 1 --= -~ ~~Piett ~';'~_IIII" ......~ CITY OF IOWA CITY 410 East Washington Street low' City. low, 52240-] 826 13] 91356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT August 14, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: JJR Davis Second Addition and JJR Davis Third Addition Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for JJR Davis Second Addition and JJR Davis Third Addition has 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, tile line, and water main improvements constructed by OEC, Inc. of Kalona, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, -z,..J27. K,.vJ- Ronald R. Knoche, P.E. City Engineer pweng/engrpl-JJ RDavis .doc M~ c;o Prepared by: Denny Gannon, Assl. City Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. nh-?hh RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR GENERAL QUARTERS, AND DECLARING 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, tile line, and water main improvements for General Quarters, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Certain sidewalk and paving improvements for General Quarters, as constructed by River Valley Concrete of Blue Grass, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office: and WHEREAS, the traffic control signs have been installed. 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 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. Passed and approved this 22nd day of August ~~.)~ MAYOR ATTEST: ~A~_~) ~ ~ CI LERK 7~~ It was moved by l\~ i1 Py and upon roll call there were: and seconded by r.h.qmpinn the Resolution be adopted, AYES: NAYS: ABSENT: x X 1< y X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglreslaccepl gen quarters.doc - '1--' , (.::>~ \ \.(J ,) / I ~ I --= -~~ f~~!:~ ~;~"'IIII.' .....~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240~ 1826 (319) 356.5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT August 14, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: General Quarters Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, certain sidewalk, and paving improvements for General Quarters has 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, tile line, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and for the sidewalk and paving improvements constructed by River Valley Concrete of Blue Grass, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~e/c- Ronald R. Knoche, P.E. City Engineer pwenglengrpl-generalquarters,doc N\1- I][j Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St.,lowa City, IA 52240 (319) 356-5142 RESOLUTION NO, Oh-?h7 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR CARDINAL RIDGE - PART ONE AND CARDINAL RIDGE - PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified thatlhe 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 Cardinal Ridge - Part One and Cardinal Ridge - Part Two, as constructed by Carter and Associates, Inc. of Iowa City, Iowa. Paving improvements for Cardinal Ridge - Part One and Cardinal Ridge - Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds and Engineer's Report have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby fomnally accepted and declared open for public access and use. Passed and approved this 2?nd day of All i[ll Rf" (d:LJ~ MAYOR ATTEST: )?t~ k- ~ CITY ERK It was moved by Bailev and upon roll call there were: and seconded by C.hampinn the Resolution be adopted, AYES: NAYS: ABSENT: x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn X X X X pwenglreslCardinaIRidge-QneTwo.doc 2 ~ (7) FliED Z006/IUG '6 PH 3: 46 CITY (:! rr~w IOWA CTf\tIC)VV/~ I ~ I -~5.-~... ~~II~!:'"!. ~:;'~"'IIZI'" ........~ CITY OF IOWA CITY 410 East Washington Street Iowa City, iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT August 16. 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Cardinal Ridge - Part One and Cardinal Ridge - Part Two Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Cardinal Ridge - Part One and Cardinal Ridge - Part Two has 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 Carter and Associates, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, -;;?'"J.f7 K- Ronald R. Knoche, P.E. City Engineer ~ U!?....J The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, Series 2006C", and moved: I]] that the Resolution be adopted. Cl ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock .M. on the day of , 2006, at this place. Council Member O'Donnell roll was called and the vote was, seconded the motion. The AY1ES: Wilburn, Bailey, Champion, Correia. Elliott, "/ O'Donnell, Vanderhoef NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 06-268 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, Series 2006C 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 authorization of a Loan Agreement and the issuance of not to exceed $3,400,000 General Obligation Capital Loan Notes, Series 2006C, for the purpose of paying costs ofthe refunding of outstanding general obligation indebtedness of the City, and has considered the extent of objections received from residents or property owners as to said proposal -4- 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 Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of not to exceed $3,400,000 General Obligation Capital Loan Notes, Series 2006C, to evidence the obligation thereof for the foregoing purpose. PASSED AND APPROVED this 22nd day of August ,2006. ~ UJJQ~ Mayor ATTEST: h1~.~...~/) II. ~A..J City C erk -5- _~~__~__,_""_______."__~___."__,~__.~.._.""..m__._"_" _ M)~ ~ ~ Council Member Champion introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ 3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C" and moved its adoption. Council Member 0' Donne 11 seconded the motion to adopt. The roll was called and the vote was, J\l1ES: R~;l~y_ r.hRrnpion. r.nrreia. F.l1iott. O'Donnell, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resoluiton No. 06-269 RESOLUTION DIRECTING SALE OF $ 3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $ 3,350,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C: Bidder: 11MB B~nk, n ~ of Kan~a~ City. Mi~souri the terms of said bid being: Purchase Price: $ 3.335,417.45 Net Interest Cost: $ 712,538.88 True Interest Rate: 3.7720 % -6- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, said notes are hereby awarded based on said bid. Section 2. That the statement of information for bidders and the form of contract for the sale of said notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf ofthe City. Section 3. That the notice ofthe sale of the notes heretofore given and all acts of the Clerk done in furtherance of the sale of said notes are hereby ratified and approved. PASSED AND APPROVED, this 22nd day of August ,2006. ~J)::QL - Mayor ATTEST: /J1~ J;". k'~ City Clerk -7- fv1,J-~ u:J Council Member Bailey introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES I997A, OF THE CITY OF IOWA CITY, IOWA, DATED NOVEMBER 1,1997, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, i\l1ES: r.h~mpion. r.nrrp-iH F.l1iot~. o'nonnp-l'. Vanderhoef, Wilburn, Bailey NAYS: Nnnp Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 06-270 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1997A, OF THE CITY OF IOWA CITY, IOWA, DATED NOVEMBER 1, 1997, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated November 11,1997, authorize the issuance of $5,540,000 General Obligation Bonds, Series I997A, dated November 1, 1997; and WHEREAS, the Bonds are redeemable in any order of their numbering on June 1, 2006, or any date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that all of the Bonds, in the amount of $3,300,000, be so redeemed as of September 22, 2006, and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That outstanding General Obligation Bonds, Series 1997 A, dated November 1,1997, in the principal amount of $3,300,000, be and the same are hereby redeemed as of September 22, 2006. -8- The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be sent, by ordinary mail, to the registered bondholders. Section 2. The City Controller is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -9- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the bonds described below have been called for redemption. Owners of the bonds should present their bonds for payment on the redemption date. Issuer: Iowa City, Iowa Original Issue Amount: $5,540,000 Bond Issue: General Obligation Bonds, Series 1997 A Dated Date: November 1, 1997 Redemption Date: September 22, 2006 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CDSIP Bond Principal Interest Maturity Numbers Numbers Amount Rate Date 462308 PH4 9 $300,000 4.90% June 1,2007 462308 PJO 10 $300,000 4.90% June 1,2008 462308 PK7 11 $300,000 4.90% June 1, 2009 462308 PLS 12 $300,000 4.95% June 1,2010 462308 PM3 13 $300,000 5.00% June 1,2011 462308 PNI 14 $300,000 5.00% June 1,2012 462308 PP6 15 $300,000 5.00% June 1,2013 462308 PQ4 16 $300,000 5.00% June 1,2014 462308 PR2 17 $300,000 5.00% June 1,2015 462308 PSO 18 $300,000 5.00% June 1,2016 462308 PT8 19 $300,000 5.00% June 1,2017 No representation is made as to the accuracy of the CDSIP numbers printed herein or on the Bonds. -10- The above bonds should be presented to the City Controller, City Hall, 410 East Washington Street, Iowa City, Iowa, 52240-1826. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. CITY CONTROLLER, Iowa City, Iowa (End of Notice) -11- PASSED AND APPROVED this ??nd day of Allgll~j- ATTEST: fhe-<;A~ k, i!aA~ City Clerk ~u~ Mayor -12- ,2006, CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF JOHNSON I, the undersigned City Clerk ofIowa City, Iowa, do hereby certify that attached is a true and complete copy ofthe portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules ofthe Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 24th day of August , 2006. ~.bJ'/?f) 1(. /..lOA /I) City Cle, Iowa City, Iowa SEAL MMCGINLE\501193.1\WPI0714 000 -13- ---_._-_..,~_._-,-------~""_.,.._- LU The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member rhRmpi nn 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 $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006" and moved its adoption. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, Al1ES: Correia. Elliott. O'Donnell. VRnderhoef. Wilburn, Bailey, Champion NAYS: Nnne Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 06-271 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 SEWER REVENUE REFUNDING BONDS, SUBORDINATE SERIES 2006 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 not to exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006, for the purpose of paying costs of the refunding ofa portion of the outstanding sewer revenue obligations of 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 not to exceed $10,000,000 Sewer Revenue Refunding Bonds, Subordinate Series 2006, for the foregoing purpose. -3- PASSED AND APPROVED, this 2006. ATTEST: )n~/'---/ )( - t!O-A.,J City Clerk 22nd day of A"g"~~ ~u~ Mayor -4- CI G-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF JOHNSON I, the undersigned City Clerk ofIowa City, Iowa, do hereby certify that attached is a true and complete copy ofthe portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy ofthe face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 24 th day of August ,2006. /I~_~) K. ~AA~ City , Iowa City, Iowa SEAL MMCGlNLE\502283.1 \ WP I 0714.083 MJrr I~ Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 06-272 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CONDUCTING A RECONNAISSANCE SURVEY OF THE NEAR SOUTHSIDE AREA TO IDENTIFY PROPERTIES ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES; AND AN INTENSIVE SURVEY IN THE MANVILLE HEIGHTS NEIGHBORHOOD TO INVESTIGATE POTENTIAL FOR A HISTORIC DISTRICT. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a CLG Grant for the purpose of conducting surveys of the Manville Heights neighborhood and Near Southside Area to identify the historic resources for potential historic district or eligibility for the National Register of Historic Places; and WHEREAS, said grant will require providing up to $8,000 in cash and/or in-kind services and supplies as a local match, which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation consulting activities; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources, in accordance with the Iowa City Historic Preservation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a CLG Grant for conducting a reconnaissance survey of the Near Southside area to identify properties eligible for the National Register of Historic Places; and an intensive survey in the Manville Heights neighborhood to investigate potential for a historic district. The Mayor is authorized to sign the grant application. 2. The grant application shall state that any nomination for National Register designation must be approved by the City Council. 3. In the event the Commission is successful in securing the grant, the grant agreement between the State Historical Society and the City must be approved by the City Council. Passed and approved this 22ndday of All "II Rf' '~u~ MAYOR ATTEST:~~~) -l!. Y(t3M/ ITY CLERK Resolution No. Page ? 06-272 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: y y x X y x X NAYS: Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I! ! -",= -14'... ;t~w;!:"t. "",-... "'IIIII~ .......~ r CITY OF IOWA CITY MEMORANDUM From: August 22, 2006 City Council ^ ) Eleanor M. Dilkes, City Attorney \r" Item 12 on August 22,2006 Agenda - Resolution Authorizing Filing of an Application for a Certified Local Government Grant with the State Historical Society of Iowa Date: To: Re: Attached you will find a copy of the Certified Local Government Grant Application which the above-referenced resolution would give the Historic Preservation Commission authorization to submit. In the event the Commission is successful in securing the grant, a Grant-In-Aid agreement between the State Historical Society and the City of Iowa City must be signed by the Mayor. I have revised the resolution approving the grant application to specifically provide that in the event the Commission is successful in securing the grant, the grant agreement must be approved by the City Council. It is my understanding that the deadline for submission of this grant is September 1, 2006. Attachment cc: City Manager Assistant City Manager City Clerk Planning Director eleanor/mem/CLGgrant.doc FY2007 State of Iowa Certified Local Government Grant Application A. Applicant Information Please type or print clearly~all information is required Federal Congressional District Number: State Senatorial District Number (s): State Renresentative-District Number (5): I. City/County (CLG) Applicant Name: City of Iowa City Mayor/Chair of Board of Supervisors/ACLUD President: The Honorable Ross Wilburn City/County Mailing Address: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 2. Name of Person who Prepared Application: Tim Weitzel, Chair Iowa -City Historic Preservation Commission Preparer's Mailing Address: 523 Grant Street Iowa City, IA 52240 (319) 354-5290 Preparer's Daytime Phone: Preparer's E-mail address: tweitzel@avalon.net 3. Local Grant Director's (LGD) Name (who will direct the project once awarded): Sunil Terdalkar LGD's Mailing Addresss (City, State, & Zip): Planning and Community Development 410 E Washington ST Iowa City, IA 52240 (319) 356-5230 LGD's Daytime Phone: LGD's E-mail address: Sunil- T erdalkar@iowa-city.org Signature ofthe Mayor, Chairman of County Board of Supervisors, President ACLUD Trustees ...iPlllIIIt IlU Name Title Date (Signature of the Mayor or Chair of the Board of Supervisors legally obligating the applicant fin hlue inkl) PROJECT INFORMATION I. PROJECT TITLE: Reconnaissance Survey of the South Side Area to Identify Potentially NRHP Eligible Historic Properties and an Intensive Survey to Investigate Potential for a Historic District in the Manville Heights Neighborhood, Iowa City. 2. TYPE OF PROJECT (See pages 8-14 of the CLG Grant Manual for descriptions of Project Categories) Local Registration: ./ Landmark (s) ./ District(s) Public Education ./ Workshop, Conference, Meeting v" Publications SCOPE OF WORK: Describe the following three items, use additional pages if necessary: . Goal: State the project goal and the activities needed to accomplish that goal. . Coordination: Describe the division labor, project responsibilities of consultant, local project director, staff. volunteers. . Work Products: Insert Tangible list of products required for your type of project; Identify additional intangible products or benefits. . Schedule: List proposed deadlines for completing different parts of the project, such as the start, hiring consultant, organizing and training volunteers or conducting meetings, research design (if required), preparing materials, submitting draft and final products. 2 Goal: The Iowa City Historic Preservation Commission (Commission) has arrived at a consensus that its members are concemed that the identification and evaluation of properties for potential architectural and historical significance be completed in the Near South Side Planning District.' With the recent successful completion of the Plaza Towers and Transportation Center projects-valuable commercial, residential, and infrastructure assets for the downtown, Iowa City's south side faces a tremendous level of pressure to redevelop. While this can provide an important opportunity, there is all too great a possibility that important historic resources will be tacitly ignored in the process of rebuilding our tax base. The character and livability in any neighborhood is defined primarily by its buildings. Neglect, insensitive alteration, or destruction of significant buildings results in a loss that extends beyond the loss in assessed value. At the same time, preservation can bring economic benefits to a community. The National Trust for Historic Preservation reports that $1,000,000 spent on rehabilitation will create more jobs and keep more money in the local economy than the same $1,000,000 spent on new construction. Maintaining a community's sense of place is beneficial in other ways. For example, A recent travei industry survey found that more than 40% of Americans made visiting a historic place-a building, battlefield or historic communrty-part of their vacations, and that these people spent nearly 40% more than the typical traveler. The ongoing revision of the Preservation Plan will be addressing some of the issues related to heritage tourism. Completing an inventory of significant buildings will help identify key structures that could contribute to heritage tourism in Iowa City's south side. A brief and incomplete list of several building thought to have the potential to be eligible, are already eligible, or have achieve a folk status of landmark in Iowa City's South Side include: The Johnson County Courthouse, The Rock Island Railroad Depot, the Tate Arms, Iowa Crty Water Works, Horace Mann Elementary, St Patrick's Church, The National Guard Amory, properties along South Clinton Street including an old hotel near to the depot, row of small cottages along South Dubuque Street, the M & M/Rock Island Railroad bridges at Capitol St. and crossing the Iowa River, and a few remaining buildings from Iowa City's original industrial corridor along South Gilbert. Individually eligible houses are also potentially located along Prentiss St., Court St., and S. Capitol St. Many of these properties have been brought to the attention of members of the Commission by other members of the communrty and press reports. In addition to Iowa City's south side there is the imperative of residents in the Manville Heights neighborhood to investigate the potential for a local distinct in that area. The Commission would be acting on the request of a substantial majority of the residents attending the west side meeting for the Iowa City Preservation Plan Update to have the Manville Heights neighborhood surveyed for a potential National Register Historic District (multiple property nomination) In that neighborhood. The reason for combining the two Is due to the perception that there is substantial pressure for redevelopment In both these areas. While the redevelopment in the Manville Heights neighborhood is anticipated to largely occur in the form of building additions, residents have indicated the allowance of accessory apartments in outbuildings could negatively impact the quality of life in their neighborhood. The resident owners are asking for protection of existing buildings and design review of any projects requiring building permits for new construction or alteration of building exieriors in the neighborhood through a local historic district. An intensive survey and evaluation of existing structures will provide the City of Iowa City with facts needed to determine if this request can be met by first determining the potential eligibility for a national level historic district In this neighborhood. While it is possible to create a local district without this step, the Commission feels that obtaining a NRHP designation first will provide assurance that a local district was created without undue bias. The Commission is now aware that incomplete research leads to later discrepancies that a professional and independent survey can help to avoid. Additionally, a professional survey lends credence to the findings of the commissions should it choose to vote In favor of recommending a local district to the Planning and Zoning Commission and City Council. Coordination . Meeting of the Iowa City Historic Preservation Commission, August, 10,2006. 3 This project involves the preparation of a National Register of Historic Places Multiple Property Designation nomination for a local historic district historic district and the identification of boundaries for that district. The consultant will prepare National Register nomination forms for review by the Commission, the State Historical SOciety of Iowa, and the public. He or she will also prepare a map, property list, and boundary justification for the proposed historic district for review by the Commission and the public. The final nominations and boundary recommendation will incorporate comments from these reviewers. The nominations will be submitted to the State Nomination Review Committee, while the conservation district information will be submitted to the Iowa City Historic Preservation Commission. The consultant will travel to Des Moines to present the nominations at the SNRC meeting. The first step, after the selection of the consultant, will include a biock-by-block pedestrian sUlvey of the proposed historic district in Manville Heights. Because of the real enthusiasm expressed by the residents of this neighborhood, it is likely that an approach that combines volunteer researchers from the neighborhood (as in the Melrose neighborhood) would be feasible. For Iowa City's south side , the consultant would take a more cursory approach to identify areas of high potential but the Commission would like to encourage member of the community to communicate directly with them or through Friends of Historic Preservation to indicate buildings they regard as significant and in need of more extensive research to determine final eligibility. This step will be followed by neighborhood meetings and additional research as necessary. Members of the Commission and the consultant will schedule public meetings to provide and opportunity for the landowners and residents in the survey areas to learn about the process. All landowners and residents within any proposed districts will receive written notification of meetings by mail. Based on past public attendance at similar neighborhood meetings in Iowa City, it is anticipated that one or two meetings will suffice to acquaint interested parties with the project. Since a meeting has already occurred in the Manville heights neighborhood this year as part of the preservation plan update, it is possible that at least one of those meetings would not be needed. These meetings will introduce the project and explain how the nomination process works. The meetings will also be used to teach owners and residents how to research the history of their properties. The information gathered from the owners will be added to the information to be completed in the background research and architectural survey of these districts. After the completion of a draft nomination of any proposed historic district and potentially individually eligible properties outside of a district, the Commission and the preservation consultant wili schedule a meeting to discuss the revised draft with owners of the properties to be incorporated in any nominations. Property owners and residents will be notified of this meeting by mail. At the meeting, owners and residents will be advised about preservation tax incentives, guides to remOdeling and restoration, and local historic preservation resources. Public comments on the draft nominations will be encouraged and incorporated into the final draft ofthe report. Iowa City Is fortunate to have a wide array of organizations that support local historic preservation. These groups include the Iowa City Friends of Historic Preservation, Johnson County Historical Society, the Noon Lyons Club, and Englert Civic Theatre, Inc. a restoration and adaptive reuse project for Iowa City's only remaining theater building. It is not currently planned, but it may be possible to enlist the assistance of some of these local organizations to promote the proposed district. A citizen's petition may also be a useful tool in gamering support and raising awareness of the proposed project. Members of the Historic Preservation Commission have prepared this document and will be involved in reviewing responses to the RFP for this project, selecting a consultant to complete the work, and reviewing drafts of the nominations and the conservation district boundary determination. The Commission will also host neighborhood meetings to keep residents informed about the project and to solicit publiC comments. Following completion of this project, th.e Commission will take steps to pursue local designation of the four historic districts and the recommended conservation district. 4 The Commission's City staff person, an Associate Planner with the City's Department of Planning and Community Development, will serve as project manager. It is anticipated that approximately 30 hours of project management time will be required to oversee this project, which wiil include tasks related to preparing the RFP, the consultant subcontract, and other reiated documents, organizing neighborhood meetings, responding to questions from the public, copying and distributing drafts of the nomination forms, general project administration, and working with the consultant to provide assistance as necessary. The use and involvement of volunteers from the neighborhood will be at the discretion of the consultant selected to complete the nomination. Forty hours of City intern time will also be available to the consultant for completing various tasks, such as properiy ownership information and photography, as weil as for routine tasks associated with the project manager's responsibilities. Work Products Work products associated with the proposed historic district are a map of the district and a list of properties that contribute or do not contribute to that district. An educational brochure focused on the proposed district wiil be produced.. Schedule The proposed project wiil include the following activities: Februarv 2007: Project Initiation-Issue Request for Proposals; review proposals and select consultant; prepare consultant subcontract for review by State and consultant; execute consultant subcontract and submit copy to State. Aoril-Auaust 2007: Preservation consultant hosts neighborhood meetings, conducts research necessary to complete a draft of historic district and individual nominations and to detennine district boundaries, and completes photography. Julv-Auaust 2007: Preservation consultant prepares drafts of the any nomination forms and proposed district boundaries. Seotember-October 2007: Preservation consultant submits the draft historic district nominations and proposed district boundaries to the Iowa City Historic Preservation Commission for review, discussion, and revision. The consultant then makes revisions based on the Commission's comments. Copies of the draft nominations will be made available to the publiC at the Iowa City Department of Planning and Community Development and on the City's web site. October-November 2007: The Commission and the preservation consultant will scheduie a meeting to discuss the revised draft with owners and residents in the affected properties. At this meeting, owners and residents will be advised about preservation tax incentives, guides to remodeling and restoration, and local historic preservation resources. December 2007: Preservation consultant will submit the final recommendation for conservation district boundaries to the Commission no later than December31, 2007. Januarv 2008: The nomination papers will be compieted and three copies submitted to the State by February 2, 2008, for preliminary staff review. March 5 2008: The State sends review comments on the first draft to the preservation consultant. The consultant will make corrections and revisions to the nominations, as needed, based on these comments. Aoril 5. 2008: Preservation consultant retums three copies of finalized draft to the State. Aori112. 2008: State sends copy of nominations, photographs, and CLG review forms to the CLG. 5 Deleted: The other work products associated with the evaluation of properties in the proposed conservation district have already been completed as part of previous surveys and National Register eligibility evaluations in the proposed district. June 5. 2008: CLG completes review of the National Register nominations and sends the completed review forms to the State no later than June 1, 2008. June 12 2008: CLG and preservation consultant present the nominations to the State Nomination Review Committee. June 26 2008: State sends SNRC review comments to preservation consultant. Julv 14. 2008: CLG submits finai products: 2 archival copies of National Register nominations, contact sheets and negatives, colored slides, photograph/catalogue field sheet, one page report summarizing grant activities, and Request for Reimbursement to the State. D. Explain how the proposed project will help to fulfill the goals and objectives of your local preservation plan and/or the state preservation plan. If this is part of a multi-phase project, describe the completed project segments and/or future ones that are linked to this project application. Each year's project must be able to stand alone. Funding of one year does not guarantee funding of future phases. The Iowa City Historic Preservation Plan, adopted in 1992, identifies several goals to be pursued concurrently. These goals include the identification of historic resources significant to Iowa City's past (Goal 1). and the adoption of strategies in the conservation of historic neighborhoods that reflect their organic development, historical roles and traditions, modern needs, and economic health and stability (Goal 10). Such strategies include the designation of identified historic districts as National Register and local historic districts in order to promote public awareness of these areas and to ensure that the districts will retain their historic character into the future. E. Past grant contract performance: Specifically address the success or challenges faced in carrying out the requirements of your past CLG grant projects. DO NOT LEAVE THIS SECTION BLANK. This section gives the applicant an opportunity to dispel any fears on the part of the review panel or Board that past problems will hinder this new effort. Simply explain what steps have been taken to insure project success. If a past project was cancelled, please address the specific circumstances of that cancellation. If all previous eLG grants have been successfully completed, please state this and discuss the factors that have contributed to your success. If you have never received a eLG grant, assess your commission's performance since being certified, using specific instances to make your points. Describe how undertaking this project will strengthen and enhance commission performance The Iowa City Historic Preservation Commission has a long record of completing grant programs successfully. In 1983, a CLG grant was awarded to establish a preservation library in the Iowa City Planning and Community Development department. The materials are accessible to the public, Planning Department staff, and members of the Commission. The library is stili in operation and is continuously updated. A 1988 grant aliowed the Commission to compile and print a Guide to Historic Iowa City, creating an awareness of local historic buildings and neighborhoods. Because of the local demand for these "guide maps," a second printing was funded by private donations. Over 15,000 copies of the map were printed, and the Commission is cunrently planning to produce a revised map. In 1990, the HRDP program provided a $25,000 grant to assist in the preparation of the Iowa Cily Historic Preservation Plan, from which the current project has been prioritized. The plan has been instrumental in guiding preservation initiatives in Iowa City. A 1992 CLG grant resulted in the listing of the Brown Street Historic District in the National Register. The district has also been designated as a local district. A 1995 CLG grant funded a survey of the Dubuque/Linn Street corridor, which recommended the designation of a conservation district and a number of individual local historic landmarks within this area. The remainder of the North Side and adjacent Goosetown neighborhoods were surveyed in three phases. The first phase was funded by a 1996 CLG grant, the second phase was assisted by a 1997 HRDP grant, and the third phase was funded by a 1999 CLG grant. A 1993 CLG grant made possible a survey of the Coliege Hili neighborhood, which resulted in the local and National Register designation of the 6 College Green and East College Street Historic Districts. A 1995 HRDP grant funded the National Register nominations for these two districts, which were listed in 1997. An HRDP grant in 1994 and a CLG grant in 1997 funded a survey of the Longfellow neighborhood, which was designated an Iowa City Historic District in 2002. In addition to these state-funded surveys, the City of Iowa City funded a survey of the downtown Iowa City commerdal district, completed in 2001. Currently, the City of Iowa City is hosting a HRDP Grant to revise and upgrade the Iowa City Historic Preservation Plan which is underway. The Commission also has recently completed the 73-page revised Iowa City Historic Preservation Handbook, which in turn is based upon and refers back to the Secretary of the Interior's Guidelines for Historic Preservation. The Commission refers to National Park Service technical briefs and National Trust information as needed, has sought to maintain a membership containing expertise in architectural history, history, archaeology, and historically sensitive construction and renovation. The City of Iowa City and its Historic Preservation Commission have a proven record of following the City's Historic Preservation Plan, completing grant-funded projects and implementing the recommendations of its surveys for legisiation and historic districting. Previous grant-funded projects have helped improve the image of, and support for, historic preservation in Iowa City. It is hoped that the current momentum and community interest coupled with grant funds will allow us to collect the necessary data to support additional historic district, conservation district, and historic landmark. designations to protect the older threatened neighborhoods in Iowa City and leave a valuable legacy for future generations. 7 F. BUDGET: .. eLG Grant = the tOlal amount must not exceed 60% OF TOTAL PROJECT COSTS ** Applicant Match (cash + in-kind) =must equal a minimum of 40% OF TOTAL PROJECT COSTS CERTIFICA TION: I certify that the malching share proposed for this project does not include fimding from other Federal sources, and that thesefnnds are not being used as match against any olher Federal grant application. AUTHORIZED SIGNATURE, CHIEF ELECTED OFFICIAL OR DESIGNEE DATE 8 ~ ~ repared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 , / N AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO Ii E AN FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CO UCTING A RECONNA SANCE SURVEY OF THE NEAR SOUTH SIDE AREA T IDENTIFY PROPERTIES E GIBLE FOR THE NATIONAL REGISTER OF HISTORIC PL ES; AND AN INTENSIVE SUR Y IN THE MANVILLE HEIGHTS NEIGHBORHOOD T INVESTIGATE POTENTIAL FOR A ISTORIC DISTRICT. RESOLUTION NO. WHEREAS, the State torical Society of Iowa administers the Certified cal Government (CLG) Grant program to assist 10 I communities with historic preservation projec ; and WHEREAS, the City of Iowa ity Historic Preservation Commission h prepared an application for a CLG Grant for the purpose of onducting surveys of the Manville eights neighborhood and Near Souths ide Area to identify the 'storic resources for potential . toric district or eligibility for the National Register of Historic Place . and WHEREAS, said grant will require oviding up to $8,0 in cash and/or in-kind services and supplies as a local match, which the Hi oric Preservatio ommission proposes to provide through funds allocated in the budget for historic p servation co suiting activities; and The Historic Preservation Commissi n is hereby autho . ed to file an application for a CLG Grant for conducting a reconnaissanc survey of the Near outhside area to identify properties eligible for the National Regis r of Historic Places; an n intensive survey in the Manville Heights neighborhood to inve igate potential for a historic trict. WHEREAS, said grant will aid the City in I effo s to identify, protect and properly develop its historic resources, in accordance with the Iowa i Historic Preservation Plan. NOW, THEREFORE, BE IT RESOLVED BY HE ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT; day of MAYOR CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: ----------_._------_._--------_.,~------~..~-_..~.._-----.---..--------- /:A Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 '\ RESOLUTION NO. , '" ~SOLUTION AUTHORIZING THE HISTORIC PRESERVAT N COMMISSION TO~ILE AN APPLICATION FOR A CERTIFIED LOCAL VERNMENT (CLG) GRANT FOR CONDUCTING A RECONNAISSANCE S VEY OF THE NEAR SOUTH~E AREA TO IDENTIFY PROPERTIES ELIGIBLE FOR THE NATIONA REGISTER OF HISTORIC PLACES; AN AN INTENSIVE SURVEY IN THE ANVILLE HEIGHTS NEIGHBOR 00 TO INVESTIGATE POTENTIAL R A HISTORIC DISTRICT. ". WHEREAS, the State His rical Society of Iowa admin' ters the Certified Local Government (CLG) Grant program to assi local communities with Istoric preservation projects; and WHEREAS, the City of Iowa ity Historic Pre rvation Commission has prepared an application for a CLG Grant for th purpose of nducting surveys of the Manville Heights neighborhood and Near Southside A a to idenf the historic resources for potential historic district or eligibility for the National Reg ter of storic Places; and WHEREAS, said grant will require providin p to $8,000 in cash and/or in-kind services and supplies as a local match, which the Histo Preservation Commission proposes to provide through funds allocated in the budget for h' to' preservation consulting activities; and WHEREAS, said grant will aid the City i its effort to identify, protect and properly develop its historic resources, in accordance with e Iowa City istoric Preservation Plan. 1. The Historic Preserv tion Commission is here authorized to file an application for a CLG Grant f conducting a reconnaissan e survey of the Near Southside area to identify pr perties eligible for the National egister of Historic Places; and an intensive su ey in the Manville Heights neighb rhood to investigate potential for a historic di rict. The Mayor is authorized to sign he grant application. COUNCIL OF THE CITY OF IOWA NOW, THEREFORE, BE IT RESO CITY, IOWA, THAT: 2. In the eve the Commission is successful in sec ing the grant, the grant agreemen etween the State Historical Society and the ity must be approved by the City ouncil. Passed and appr ved this _ day of ,2006. MAYOR City Alto ney's Office gl.?-~ D ~ ATTEST: CITY CLERK Resolution No. Page 2 /"//" / //. \ , Bail Ch mpion rreia Alliol O'Donnell Vanderhoef f Wilburn / / ,/ / / II / / , / / / / / , ,. i / , / i I / ABSENT: AYES: . , , I . . ,/ \ \ i \ \ PCD\1_HistPres\Grants\CLG2007\CLG2007res i:t\~ Marian Karr From: Sent: To: Cc: Subject: John Chadima [JChadima@isbt.com] Monday, August 21,20063:03 PM 'City Council hburfordfhp@mchsLcom; Donald Black Manville Heights Neighborhood Survey Dear Members of the Iowa City Council. My name is John Chadirna and I reside at 715 W. Park Road, Iowa City, IA. It is my understanding that the Council will consider a resolution at the Tuesday, 08/22/06, City Council meeting to authorize a survey of the Manville Heights neighborhood to determine the potential of nominating the area as a historic or historic-related district. I fully back the resolution to authorize the grant process to do so and hope that the Council will vote in the affirmative. I am a life-long resident of Iowa City and recently moved into the Manville Heights neighborhood after purchasing the Park Road residence with Donald W. Black. The home we acquired is one of the first to be built in the neighborhood, construction completed in January 1917. The initial occupant was Dr. Albert Byfield, who joined the UI faculty as the first head of the Pediatrics Department at the University of Iowa Hospital. The style of house he built is considered English Arts & Crafts, a rare architectural style found in the United States with a "sister" home located in England. I, along with friends, colleagues, and family, were surprised to discover that the Manville Heights area was not already designated as a historic district. I believe that this assumption is fairly common. The wide variety of architectural styles representing the 1910s, pre-WWII, post WWII, through the 1950s / 1960s, line the neighborhood streets. The Manville Heights area has been home to many Iowa City / University of Iowa families that have provided leadership and recognition on behalf of our community, in commercial, medical, or academic endeavors. The process to obtain a grant to fund the historic survey is certainly worthy of your vote to approve. Thank you for your consideration. John M. Chadima 715 W. Park Road Iowa City, IA 52246 IMPORTANT: This message, including any attachments, is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and destroy your copy. Thank you. <<<<Iowa State Bank & Trust>>>> 1 Page 1 of 1 ~\~ Marian Karr From: sheral jensen [sheraljensen@yahoo.com] Sent: Monday, August 21,20069:22 PM To: 'City Council Subject: Manville Heights Dear City Council, Weare writing in support for the survey of the Manville Heights area. Weare very interested in proceeding to establish' an historic district in our neighborhood. Thank you, Chris and Sheral Jensen 225 River Street Get your own web address forjust $L99/lstYf, We'll help. Yahoo! Small Business. 8/21/2006 M~ ~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St, Iowa City, 1A52240 319-356-5149 RESOLUTION NO. 06-771 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE 2006 TRAFFIC SIGNAL INTERCONNECT PROJECT. WHEREAS, the City of Iowa City desires to construct the 2006 Traffic Signal Interconnect Project ("Project") which includes filJer optic traffic signal interconnect and associated work; and WHEREAS, the City Council has determined that construction of the Project is a valid pulJlic purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should lJe authorized to acquire necessary property rights at the lJest overall price to the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1, The City Council finds that it is in the pulJlic interest to acquire property rights lJy warranty deed, quit-claim deed, and/or easement for the construction of the 2006 Traffic Signal Interconnect Project ("Project") which Project constitutes a pulJlic improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid pulJlic purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights lJy warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on lJehalf of City, an amount the City believes to lJe just compensation for the property to lJe acquired, and to make an offer to purchase the property for the estalJlished fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are herelJy authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is herelJy directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot lJe acquired lJy negotiation, the City Attomey is herelJy authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this ??nd day of Al1gll~t" ,20-DL. ~LJ~~ MAYOR Resolution No. 06-771 Page 2 ATTEST: 'fh~ K ~ CITY bbERK ~bY / ~., ~ -27. t:;:; ~ ~-(; ~ City Attorney's Office 10 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x 1( x Vanderhoef the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\\acquireprop fiber. doc M~ ~ Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 06-274 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION PROJECT. WHEREAS, the City of Iowa City desires to construct the Gilbert Street and Prentiss/Bowery Street Intersection Project ("Project") which includes pavement and utility improvements to Gilbert, Bowery, and Prentiss Streets in order to incorporate left- turn lanes; and WHEREAS, the City Council has determined that construction for the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Gilbert Street and Prentiss/Bowery Street Intersection Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of aid property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under sate and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and lor easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 06-274 Fage ~ 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 22nd "(~ U~ MAYOR ATTEST: ~ k. 9?Ja.-uJ CITY LERK Approved by: #(~~ ~ city Attorney's Office ~Iltl,,(p Resolution No. Page 3 06-274 It was moved by Champion and seconded by O'Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn (Y\~) ~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 06-77<; RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT YATES, INC. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Yates, Inc., d/b/a Donnelly's Pub, as tenant, applied for a temporary use of the public right-of-way at 110 E. College Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the pUblic right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement'). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this ??nd day of AlIgll~t , 200.6. ~ LJ 1L-- MAYOR ATTEST: 2~C~K.-J II. ~ Approved by: Ck ~_ ~~ ~-ry-o\<> City Attorney's Office Resolution No. Page 2 06-275 It was moved by Ra; 1 Py and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Champion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M..tq u ,..,., WL..J Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 06-276 RESOLUTION APPROVING THE CALL TO ARTISTS FOR THE GRAND AVENUE ROUNDABOUT PROJECT WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council consideration of each "Call to Artists"; and WHEREAS, the City plans to construct a roundabout at the intersection of Grand and South Grand avenues; and WHEREAS, the Public Art Advisory Committee considered this an opportunity to provide an enhancement to the area that would contribute to the aesthetics as well as the functionality of the roundabout; and WHEREAS, at their August 3, 2006 meeting, the Public Art Advisory Committee unanimously recommended approval of a Call to Artists for the Grand Avenue Roundabout Project that would solicit artists to design, construct and provide for installation a sculpture or sculptures to be placed in the center of the roundabout. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Call to Artists attached hereto for the Grand Avenue Roundabout Public Art Project is hereby approved. Passed and approved this nnd d'ym Q( . MAYOR ,20--116-. JA- - - ATTEST: >h~j:".-J k. ~.uJ CITY ERK It was moved by Charnnlon and seconded by Ra 11 Py adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X ppdadmJres/grandave-callartists.doc The Public Art Program of the City of Iowa City was established in September 1997. The intention of the Public Art Program is to enhance public spaces, promote Iowa City as a cultural center, and build Iowa City's image as a vital place to live and work. This will be accomplished by the integration and placement of art in public projects and places. The Public Art Program is supported by an allocation of $50,000 of public funds per fiscal year. A Public Art Advisory Committee has been appointed to assist in the development and management of this program. Call to Artists ifi/ll The mission of the Public Art Advisory Committee, as stewards of the City of Iowa ;~~~a~:n;~ ~~hat~~e ~%; fl[~l~~ through the selection and integration of art in a public environment. 2006 Membership: Charles Felling Rick Fosse DaLayne Williamson Emily Martin Mark Seabold Terry Trueblood Emily Carter Walsh Weatherdance (detail of plaza paving) by Myklebust-Sears, 1999 Call To Artists The Public Art Advisory Committee of the City of Iowa City is inviting proposals for a sculpture or sculptures for the center of a roundabout at the intersection of Grand Avenue and South Grand Avenue in Iowa City. The roundabout will be constructed in 2007. It sits at the top of a hill framed by University of Iowa dormatories and the University Field House which is a recreation center. Views from the hill are of the Iowa River and the Burlington Street bridge, an entrance to downtown Iowa City. SUBMITTALS ARE REQUESTED BY OCTOBER 1, 2006. Project Parameters . The outcome of this project should be a sculpture or sculptures that call attention to the presence of the roundabout but do not encourage pedestrian access to the roundabout. Therefore, small details inviting close scrutiny should be avoided. . The design of the sculpture should discourage the use of the roundabout as a pedestrian refuge. . Proposal should follow the guidance of the U. S. DOT/FHWA Traffic Design and Landscaping-Roundabouts, Section 7.5 attached. . To the extent possible, the sculpture or sculptures should incorporate visual directional cues (eg. chevrons) reflecting the direction of traffic flow desired. . Illumination, if proposed, should be shielded or downcast to avoid glare to motorists. . Kinetic sculptures and water sculptures will not be accepted. . Artist must be able to collaborate with the City's engineering design consultant, City staff, University of Iowa representatives and neighborhood representatives. . Artist must be able to coordinate the delivery and installation of the artistic element with City staff. . Materials and design must be durable and vandal resistant. The resulting project will be subject to Iowa weather conditions. . Maintenance methods must be developed and documented and provided to the City for future reference. Project Budget All artists must submit a budget which should include acquisition of the sculpture(s); food, lodging and transportation for the artist; materials; shipping if necessary; installation and any subcontracting. Total budget for the project will be determined by the quality of the proposal. A meritorious and desireable proposal may require fundraising by the City if the total cost of the project exceeds funds available. Project Timeline Work should be available for installation no later than July 15, 2007. Selection Process Submitted materials will be reviewed by the Public Art Advisory Committee in collaboration with representatives of the Melrose Neighborhood Association, the University of Iowa, and the University of Iowa Hospitals and Clinics. A recommendation of a selected artist will be made to the City Council. Final selection of the artist is made by the City Council. Deadline for Receipt of Materials: Friday, October 1, 2006 by 5:00 P.M. Iowa City Public Art Program Project Opportunity Background and Site Description The City of Iowa City has begun design of a roundabout at the point at which a downtown arterial, Burlington Street/Grand Avenue, becomes a local street, South Grand Avenue, within the University of Iowa and the University of Iowa Hospitals and Clinics (UIHC) campus. The street system is part of a one-way loop with a contra-lane providing access to the UIHC emergency services. A roundabout is being installed to better manage the traffic flow. It is the desire of the City to enhance this roundabout with a sculpture or sculptures that will call attention to the roundabout but will not encourage pedestrian access or travel through the roundabout. The roundabout is 51 feet in diameter with a 28-foot diameter center within which the sculpture would be sited. Encompassing the center is a 10 foot mountable apron of grey stamped Portland cementitous concrete. This apron will match the existing medians on South Grand Avenue. A curb will define the center within the apron. As shown on the illustration attached, there will be a limestone retaining wall to the west of the roundabout along one of the street curblines; a band similar to the 10 foot apron will be in front of the retaining wall. Design Considerations/Project Goals . To add to the visual appeal of the area. . To provide visual cues to the directional flow of the roundabout traffic. . To obstruct the view of motorists across the roundabout, thereby focusing their attention on the flow of traffic. . To call attention to the presence of the roundabout. . To provide an artistic element that requires minimal maintenance and is vandal proof. Submission Materials A. Artists should submit twelve (12) collated sets of printed submission materials, organized in the specific order as described below. 1. A letter of interest (one page maximum) including any background information that would support the artist's qualifications for this project. Include public art experience with budget size of past projects. 2. A current professional resume. 3. A page listing three (3) references. It is emphasized that letters of recommendation are not requested. B. Artists can submit up to three concepts for consideration and up to three views of each concept as digital photos or on a CD. The concept views should be presented as follows: . Number of photo in upper right hand corner . Name of artist at top . List of concept views referencing corresponding photo numbers. D. All materials submitted will become property of the Iowa City Public Art Advisory Committee and additional views or details may be required at the discretion of the Committee. SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M. FRIDAY, OCTOBER 1, 2006 Send To: KARIN FRANKLIN PLANNING & COMMUNITY DEVELOPMENT CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 Inquiries/electronic submittals: 319356-5232/ karin-franklin@iowa-citv.orq ppddir/callto artists.doc ill ... )> [:J ~~ (0 FIELD HOUSE ^ ~ , (0 \:) ~ q.. </l " z ~ ~ 0., " :l: " '-i< ;x; p o ..... ...--." f3 0 ---4-. o --,,-.. Q] 8 ~~~ o = ~~ ~~ t3 .~ @ o --" ~~.C) o @ o:? .-""'- I IX1 -0 o o ()s: I --- -0- [j) C) z r---. --i -< -0 '--" .;) 7.4.5 Public education 4. Construct splitter islands and delineate the central island. At this point should be uncovered and the intersection should operate as a rou 5. Finish construction of the central island. It is important to educate the public whenever e is a change in traffic patterns. It is especially important for a roundabout ause a roundabout will be new to most motorists. The techniques discus In Chapter 2 can be applied during the construction period. The following a orne specific suggestions to help alleviate initial driver confusion. . Prepare news rele s/handouts detailing what the motorist can expect be- er construction; message signs before and during construction; elers Advisory Radio immediately prior to and during construction to minate information on "How to drive;' etc.; and nstall signing during and after construction that warns of changed traffic patterns. 7.5 Landscaping This section provides an overview of the use of landscaping in the design of a roundabout. 7.5.1 Advantages Landscaping in the central island, in splitter islands (where appropriate), and along the approaches can benefit both pUblic safety and community enhancement. The landscaping of the roundabout and approaches should: . Make the central island more conspicuous; . Improve the aesthetics of the area while complementing surrounding streetscapes as much as possible; . Minimize introducing hazards to the intersection, such as trees, poles; walls, guide rail, statues, or large rocks; . Avoid obscuring the form of the roundabout or the signing to the driver; . Maintain adequate sight distances, as discussed in Chapter 6; . Clearly indicate to the driver that they cannot pass straight through the intersec- tion; . Discourage pedestrian traffic through the central island; and . Help blind and visually impaired pedestrians locate sidewalks and crosswalks. Roundabouts: An Informational Guide. 7:Trafflc D..lgn and Land.caplng o us.Depor1rnll~ "- CONTENTS Public education during construction is as important as the public education effort during the planning process. Landscaping is one of the distinguishing features that gives roundabouts an aesthetic advantage over traditional intersections. 207 Avoid items in the central island that might tempt people to take a closer look. Exhibit 7-24. Landscaping of the central island. .0. o us.Deportrne~ "'-'"""" CONTENTS 7.5.2 Central island landscaping The central island landscaping can enhance the safety of the intersection by mak- ing the intersection a focal point and by lowering speeds. Plant material should be selected so that sight distance (discussed in Chapter 6) is maintained, including consideration of future maintenance requirements to ensure adequate sight dis- tance for the life of the project. Large, fixed landscaping Itrees, rocks, etc.1 should be avoided in areas vulnerable to vehicle runoff. In northern areas, the salt toler- ance of any plant material should be considered, as well as snow storage and removal practices. In addition, landscaping that requires watering may increase the likelihood of wet and potentially slippery pavement. Exhibit 7-24 shows the recommended placement of landscaping within the central island. The slope of the central island should not exceed 6:1 per the requirements of the AASHTO Roadside Design Guide 191. Where truck aprons are used in conjunction with a streetscape project, the pave- ment should be consistent with other streetscape elements. However, the mate- rial used for the apron should be different than the material used for the sidewalks so that pedestrians are not encouraged to cross the circulatory roadway. Street furniture that may attract pedestrian traffic to the central island, such as benches or monuments with small text, must be avoided. If fountains or monuments are be- ing considered for the central island, they must be designed in a way that will enable proper viewing from the perimeter of the roundabout. In addition, they must be located and designed to minimize the possibility of impact from an errant vehicle. Inscrlbed Circle Diameter Cenlrallsland Width Varles 10 Ensure Adeq,uale Sight Distance (2 m [6 It] minimUm) 7,5.3 Splitter island and approach landscaping In general, unless the splitter islands are very large or long, they should not contain trees, planters, or light poles. Care must be taken with the landscaping to avoid obstructing sight distance, as the splitter islands are usually located within the critical sight triangles (see Chapter 61. Federal Highway Administration Landscaping on the approaches to the roundabout can enhance safety by making the intersection a focal point and by reducing the perception of a high-speed through traffic movement. Plant material in the splitter islands (where appropriate) and on the right and left side of the approaches can help to create a funneling effect and induce a decrease in speeds approaching the roundabout. Landscaping in the cor- ner radii will help to channelize pedestrians to the crosswalk areas and discourage pedestrians from crossing to the central island. 7.5.4 Maintenance A realistic maintenance program should be considered in the design of the land- scape features of a roundabout. \t may be unrealistic to expect a typical highway agency to maintain a complex planting plan. Formal agreements may be struck with local civic groups and garden clubs for maintenance where possible. Liability issues should be considered in writing these agreements. Where there is no inter- est in maintaining the proposed enhancements, the landscape design should con- sist of simple plant materials or hardscape items that require little or no mainte- nance. 7.6 References 1. Federal Highway Administration (FHWA). Manual on Uniform Traffic Control De- vices. Washington. D.C.: FHWA. 1988. 2. Federal Highway Administration (FHWA). Standard Highway Signs. Washing- ton, D.G.: FHWA, 1979. 3. Smith, SA, and R.L. Knoblauch. "Guidelines for the Installation of Crosswalk Markings." In Transportation Research Record 1141. Transportation Research Board, National Research Council, Washington, D.C., 1987. 4. Herms, B.F. "Some Visual Aspects of Pedestrian Crosswalks:' In Proceedings, 22nd California Street and Highway Conference, Institute ofTransportation and Traffic Engineering, University of California, Los Angeles, January 1970. 5. Centre d'Etudes sur les Reseaux les Transports, l'Urbanisme et les construc- tions publiques ICERTU). CEclairage des Carre fours a Sens Giratoire (The Illumi- nation of Roundabout Intersections!. Lyon, France: CERTU, 1991. 6. American Association of State Highway and Transportation Officials (AASHTO). An Information Guide for Roadway Lighting. Washington, D.C.: AASHTO, 1985. 7. American Association of State Highway and Transportation Officials (AASHTOI. Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. Washington, D.C.: AASHTO, 1994. 8. Illuminating Engineering Society (IES). American National Standard Practice for Roadway Lighting. Standard RP-8. December 1982. 9. American Association of State Highway and Transportation Officials (AASHTO). Roadside Design Guide. Washington, D.C.: AASHTO, 1989. Roundabouts: An Informational Guide. 7:TrBfflc O..lgn and Landscaping o U5.Deporlrnllrl ,,-~ CONTENTS Ensure that whatever landscaping is installed, it will be maintained. 2.9 M1- ~ Prepared by: Marcia Klingaman, Neighborhood Svs, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 06-277 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST OF LOVE IS STRANGE FOR THE PURCHASE OF SAID SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, Seth Godard's Love is Strange was selected to be exhibited as a temporary sculpture on the Peninsula Park Sculptor's Showcase; and WHEREAS, the Peninsula Park project was delayed and Love is Strange was installed in the Willowcreek Park as an alternative location; and WHEREAS, Seth Godard has requested the Iowa City Public Art Advisory Committee consider his proposal that the City purchase the sculpture for $3,000.00; and WHEREAS, the Iowa City Public Art Advisory committee recommends purchasing Love is Strange for $3,000.00 because it suits its present location, forwards the goal of placing art in parks, and does not preclude continuance of the Sculptors' Showcase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Seth Godard for the purchase of Love is Strange for the sum of $3,000, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 22nd day of Allill~t ,20--1lfi....-. ~( _J~ MAYOR . ATTEST:-.lh~ k. r!~ CITY ERK neighborlreslgodard.doc Resolution No. Page 2 06-277 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM LOVE IS STANGE AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on August 27. 2006 between the City of Iowa City, hereinafter referred to as the OWNER, and Seth Godard, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the offer by the ARTIST for the purchase of the sculpture "Love /s Strange" referred to as ART WORK. The ARTWORK is currently on exhibit in Willowcreek Park as a temporary one year exhibit. Photographs of the ART WORK are attached hereto as Exhibit "A". NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Compensation The OWNER shall pay the ARTIST a fee not to exceed Three Thousand Dollars ($3,000) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Article 2. Description of ART WORK Title: Love Is Strange Medium: steel, concrete Material: 1/4" plate steel, concrete, 3/8" rerod Height: 8' Width: 3.5" - 4' Approximate Weight: 300-400 Ibs. Signature (if signed): Seth Godard Fair Market (insurance) value: $10,000 Article 3. Title Title of and to the ART WORK shall pass to the OWNER upon OWNER'S upon execution of this agreement. Article 4. Post Installation a. ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 2 b. Upon execution of this agreement, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 5. Article 5. Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatsoever. Article 6. Reproduction Rights 6.1 General To the extent not limited by this Section, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 6.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of completion. 6.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or in any authorized reproductions of the ART WORK under the ARTIST'S control. 6.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 7. ARTIST'S Rights 3 7.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 7.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 4(a). 7.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from publiC display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file appropriate records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit OWNER to provide notification of intent to remove the ART WORK. 7.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 8. ARTIST as Independent Contractor. The ARTIST has performed all work under this Agreement as an independent contractor and not ss an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. 4 Article 9. Assignments, Transfer, Subcontracting Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. Article 10. General Terms 10.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 10.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 10.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 10.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. 10.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 10.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 10.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 10.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and ARTIST therefore certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 5 Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ~~ Seth Godard GZEU~ ARTIST Mayor ATTEST: m/?-.A....~) k ~.. ) . . c'it; Clerk (~ ._..~--_._------------_.,_.._'-'-----" Love is Strange August 2, 2006 CITY OF IOWA CITY PUBLIC ART PROGRAM LOVE IS STANGE GREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGRE ENT is made on between the City of Iowa City, hereinafter referred 0 as the OWNER, and Seth Godard, hereinafter referred to as the ARTIST. The OW R'S REPRESENTATIVE shall be the Director f the Department of Planning and Comm ity Development or his/her designee. The C MITTEE shall be the Public Art Advisory Co mittee. WHEREAS, the OWNER, on the recommendation of t COMMITTEE, has accepted the offer by the ARTIST fo the purchase of the sculpture "Lo Is Strange" referred to as ART WORK. The ARTWORK i currently on exhibit in Willow ek Park as a temporary one year exhibit. Photographs of the Pi. T WORK are attached he 0 as Exhibit "A". NOW, THEREFORE, i contained herein, the parties agre e mutual promises and undertakings Article 1. Compensation The OWNER shall pay the ARTIST a fee t exceed Three Thousand Dollars ($3,000) which shall constitute full compensation for all ees, services, expenses, and materials to be performed and furnished by the ARTIST u e this agreement. Title: Love Is Strange Medium: steel, concrete Material: 1/4" plate steel, concre ,3/8" rerod Height: 8' Width: 3.5" - 4' Approximate Weight: 300 Signature (if signed): S h Godard Fair Market (insura ) value: $10,000 Article 2. Description of ART WORK Article 3. Title the ART WORK shall pass to the OWNER upon OWNE 'S upon execution of nt. Post Installation a. ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for app opriate maintenance and preservation of the ART WORK. 2 b. Upon execution of this agreement, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 5. The ARTIST represent and warrants that: (a) the ART WORK is solely e result of the artistic effort of the ARTIST; b) except as otherwise disclosed in w' ing to the OWNER'S REPRESENTATIVE, the RT WORK is unique and original and oes not infringe upon any copyright; (c) that the AR WORK, or a duplicate thereof, ha not been accepted for sale elsewhere; and (d) the ART RK is free and clear of any lien rom any source whatsoever. 6.1 General Article 6. Reproduction Rights To the extent not limited by this Section, e ART T retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and I ot.her rights in and to the ART WORK except ownership and possession. In view of the i ention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make y additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant parmi ion to others to do so except with the written permission of the OWNER. The ARTIST grants 0 the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimen 'onal reproductions of the ART WORK for educational and/or non-commercial purposes, inclu 'ng but not limited to reproductions used in advertising, calendars, posters, brochures, media, p blicity, catalogues, museum, educational and development projects, or other similar publications provided that these rights are exercised in a professional manner. 6.2 Notice All reproductions by the NER shall contain a credit to t e ARTIST and a copyright notice substantially in the follow' g form: - [ARTIST'S NAME], date completion. 6.3 Credit to Owner The ARTIST shall se best efforts to give a credit reading subst ntially, "an original art work owned and com issioned by the City of Iowa City, Iowa" in an public showing under the ARTIST'S contr or in any authorized reproductions of the ART RK under the ARTIST'S control. \ The ART T may cause to be registered, with the United States Register of Copyrights, a copyrig of the ART WORK in the ARTIST'S name. 3 7.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 7.2 Maintenance The OWNER recognizes that maintenance of the ART WOR n a regular basis is essential to the integrity of the ART ORK. The OWNER shall take r asonable steps to assure that the ART WORK is properly intained and protected, takin into account the instructions of the ARTIST provided in accorda ce with Section 4(a). a. Except as provided u not intentionally damage, alter, approval of the ARTIST. b. The OWNER reserves the ig to alter the location of the ART WORK; relocate the ART WORK to another site; and rem e the ART WORK from public display. The following provisions shall apply to relocation or e oval: (i) While the OWN sha attempt to remove ART WORK in such a way as to not affect the ART WORK, it i the parti s' understanding that such removal may result in damage, alteration, modificati ,destructio, distortion or other change of the ART WORK. The ARTIST acknowledges t at this provisio shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 .S.C. Section 10 (ii) If, at e time of removal, i is determined that the ART WORK may be removed without dam ge, alteration, modificat n, destruction, distortion or other change, OWNER shall give n ice as required by 17 U.S. Section 113 (d) (2) and (3). On completion of the ART WORK, e ARTIST agrees to file app priate records, including ARTISTS identity and address, with e Register of Copyrights as pr ided under 17 U.S.C. Section 113 (d) (3). The ARTIST fu er agrees to update information ith the Register of Copyrights so as to permit OWNE to provide notification of intent to rem ve the ART WORK. ER'S REPRESENTATIVE shall maintain nt and the location and disposition of the ART W file a record of this Arti e 8. ARTIST as Independent Contractor. Ttie ARTIST has performed all work under this Agreement s an independent contractor and not ss an agent or an employee of the OWNER. The ARTIS shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. 4 Article 9. Assignments, Transfer, Subcontracting Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 10.1. The ARTI T shall not commit any of the following emp to prohibit t e following practices in any subcontracts. Article 10. General Terms 10.1.1 To discharge r refuse to hire any individual beca e of their race, color, religion, sex, national origin, .sability, age, marital status, ge er identity, or sexual orientation. 10.1.2 To discriminate ag .nst any individual in ter because of their rac ,color, religion, sex, gender identity, or se ual orientation. , conditions, or privileges of employment tional origin, disability, age, marital status, 10.2 It is understood and ag ed that the r tention of ARTIST by OWNER for the purpose of the Project shall be a an indep dent contractor and shall be exclusive, but the ARTIST shall have the ri t to e loy such assistance as may be required for the performance of the Project bjec to the terms of Section 8.2 of the Agreement. 10.3 It is agreed by the OWNER th t all records and files pertaining to information needed by the ARTIST for the projec s all be available by said City upon reasonable request of the ARTIST. The OWN ag es to furnish all reasonable assistance in the use of these records and files. 10.4 At the request of OWN R, the ARTI T shall attend such meetings of the City Council relative to the work s forth in this Ag ement as deemed necessary by OWNER. Any requests made by e OWNER shall e given with reasonable notice to ARTIST to assure attendance 10.5 Should any see .on of this Agreement be fund invalid, it is agreed that the remaining portion shall deemed severable from th invalid portion and continue in full force and effect. 10.6 Upon sig Ing this agreement, ARTIST ackno edges that Section 362.5 of the Iowa Code p hibits a City officer or employee from h ving an interest in a contract with the City, d ARTIST therefore certifies that no e ployee or officer of the City, which incl es members of the City Council and City boards and commissions, has an int est either direct or indirect, in this agreem nt, that does not fall within the e eptions to said statutory provision enumerated in Section 362.5. 2. Entire Agreement Th. writing embodies the entire agreement and understanding be een the parties hereto, and th re are no other agreements and understandings, oral or written, ith reference to the subject matter hereof that are not merged herein and superseded hereby. 5 Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. Seth Godard OWNER ARTIST Mayor ATTEST: k.~ Page 1 of 1 Marian Karr From: judi gust [judigust@msn.com] Sent: Monday, August 14, 2006 10:25 AM To: 'City Council Subject: sculpture Dear Members of the City Council, We encourage you to purchase the sculpture "Love is Strange" in Willow Creek Park. We pass it two and three times daily on our walks and our spirits are lifted each time we see it. It is a treasure that is of benefit to the community. We have taken photographs of the sculpture at each season and marvel at the change in image and beauty. Thank you. Judi Gust and Bob McCown 8/14/2006 M~ ~ Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 06-278 RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2006 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, by cover letter dated April 27, 2006 Mediacom first proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2006 and enclosed an FCC Form 1240 dated April 27, 2006 supporting a requested rate of $11.81 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated April 27, 2006 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, by letter dated April 26, 2006 [but transmitted in July, 2006], Mediacom provided an amended FCC Form 1240 and proposed an implementation date of September 1, 2006; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has detemnined that Mediacom's amended FCC Form 1240 was properly developed and supports the proposed rate for basic cable programming services and that Mediacom's FCC Form 1205 was properly developed and supports the revised rates for equipment installations and rentals; and, WHEREAS, the findings from the City's review of these filings are presented in a report prepared by .the City's consultant, Rice Williams Associates, which is attached to and incorporated by reference in this Resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: (1) The amended FCC Form 1240 filed with the City on July 19, 2006 is accepted and the Maximum Permitted Rate of $11.81 per subscriber per month [inclusive of FCC regulatory charges] determined thereby for basic tier cable programming service to be effective for period of August 1, 2006 through July 31, 2007 is approved. Mediacom shall utilize the Maximum Permitted Rate and its components of this FCC Form 1240 when performing the true-up calculation on its next FCC Form 1240. (2) A rate of $11.81 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective as requested on billings rendered after September 1, 2006. This rate will be Resolution No. 06-278 Page 2 2 represented on subscribers' bills in the two components of $11.75 for programming service and $0.06 for the FCC regulatory charge. (3) The FCC Form 1205 filed with the City on May 2, 2006 is accepted and the Maximum Permitted Rates determined thereby for basic service equipment rentals and installations to be effective for period of August 1, 2006 through July 31, 2007 are approved. (4) The rates proposed for basic service equipment rentals and installations filed with the City on July 19, 2006 are approved to become effective as requested on billings rendered after September 1, 2006. (5) Mediacom is directed to review the official FCC Form 1240 and FCC Form 1205 filing instructions to insure that its future FCC Form 1240 and 1205 filings provide the full level of detail and supporting information required by these filing instructions. Passed and approved this ??nd day of Al1gl1R~ ,20--D..6....-. ~uL- MAYOR ATTEST: "YYt~ k. c)(~ CITY CLERK Approved by ~~ ~-lC.-c" City Attorney's Office It was moved by V~n~",.hn"i' and seconded by n'nonn,,11 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y Mgr/asstlres/2006 cablerates.doc RW RICE, WILLIAMS ASSOCIATES REPORT ON REVIEW & ANALYSIS OF FCC FORM 1240 & 1205 [2006] FILED BY MCC IOWA, LLC FOR IOWA CITY, IOWA JULY 28, 2006 SUMMARY This is a review of Federal Communications Commission ["FCC"] Fonn 1240 certified on April 27, 2006 and FCC Form 1205 certified on April 27, 2006, filed by MCC Iowa, LLC ["Mediacom"] relating to the updating of permitted rates for basic tier cable programming service ["BST"] and equipment installations and rental services which are regulated by the City ofIowa City, Iowa ["City"]. These filings were transmitted by Mediacom cover letter dated April 27, 2006, which indicates that price adjustments would take effect on or about August 1,2006. A subsequent FCC Form 1240 with the same certification date was transmitted by Mediacom cover letter dated April 26, 2006 but received by the City in July, 2006. This transmittal included a restatement of proposed rates and charges and the cover letter stated that all price adjustments would take effect on or about September 1,2006. The conclusion of a review of these materials is that Mediacom's amended calculations and presentation result in the correct determination of Media com's maximum permitted rates for BST programming services [FCC Form 1240] and the maximum permitted rates for equipment installations and rental services [FCC Form 1205] pursuant to FCC regulations. The actual rates that Mediacom proposes to charge as of September 1,2006 do not exceed these maximum rates and therefore are reasonable. Mediacom's amended calculations determine a Maximum Permitted Rate ["MPR"] of $11.8179 per subscriber per month [inclusive of FCC regulatory fees] for BST cable programming services. Mediacom has selected to charge subscribers at the 212 I K Street NW, Suite 800 Washington, DC 20037 Phone:202-737-2400 209 Elden StreeLSuiid06 Herndon. VA 20170 Phone: 703M467-9833 ".-.---------.---.---------..--.-------- City ofIowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205/2006 July 28, 2006 Page 2 of'5 rate of $11. 81 per month, to be presented on the bill as the separate charges of $11. 7 5 and $0.06, the latter being the required FCC regulatory fee. These proposed charges remain unchanged from the current charges. Mediacom is proposing slight adjustments to only two of the current rates for equipment installations and rental services. These changed rates and the unchanged rates for equipment installation and rental services do not exceed the maximum permitted rates determined by this FCC Form 1205 pursuant to the FCC regulations. Accordingly, the proposed "Operator Selected Rates" shown on Mediacom's attachment titled "Summary of Maximum 'Permitted Rate/Operator Selected Rate" are reasonable and may be allowed to go into effect as requested by Mediacom. Rice Williams' adjusted FCC Form 1240 and reviewed FCC Form 1205 are attached hereto and are a part of this report. ANALYSES The following analyses of Mediacom 's filings assume the accuracy of the limited information supplied by Mediacom in those filings. No additional information was obtained for these analyses, and no audit of Mediacom's books and records has been done and none of its system cost assumptions has been checked against any independent sources. FCC FORM 1240 Pursuant to FCC regulations, cable system operators are permitted to adjust their rates periodically for increases and decreases in costs relating to retransmission consent fees, copyright fees, programming costs, certain cable specific taxes, franchise-related costs, and FCC regulatory fees. On September 15, 1995, the FCC adopted new rules giving regulated cable operators the option of filing for rate adjustments on an annual basis instead of the existing quarterly system embodied in the FCC Form 1210. Subsequently, the FCC issued its instructions and analytical model for the FCC Form 1240 which implements the latest filing rules. Mediacom's predecessor elected this option in 1996. City ofIowa City, Iowa MCC Iowa, LLC Review ofFCC Form 1240 & 1205/2006 July 28, 2006 Page 3 of5 The standard FCC Form 1240 annual filing system examines a stream of historical costs that have occurred over a period oftime, relates this to the revenues actually collected during the same period and computes a monthly adjustment to apply to a future rate. The rate to be charged in a future period is developed based on a projected 12 months of costs and the unit rate adjustment, or "true-up," from the historical period is added to this projected period maximum permitted rate to determine the total maximum permitted rate to be charged for the future 12 months period. Each subsequent annual FCC Form 1240 filing will evaluate a historical, or "True-Up Period," and a future, or "Projected Period," as part of the process of establishing a new maximum permitted rate for a future 12 months period. For its year 2006 FCC Form 1240 filing, Mediacom has chosen to establish rates for the "Projected Period" of August 1, 2006 through July 31, 2007. The "True-Up Period" covers the period of April 1, 2005 through March 31, 2006. As the first step in the review and analysis of Mediae om's filing, the information provided by Mediacom was incorporated into the official FCC Form 1240 analytical model. However, Mediacom's information was incomplete and certain presentations appeared erroneous. Also, Mediacom's FCC Form 1240 did not reflect the correct starting points based upon the prior year's adjusted FCC Form 1240 that had been approved by the City. Ms. Banfield of Mediacom was contacted regarding these matters and after several exchanges of information provided an amended FCC Form 1240 in July 2006. While this most recently filed FCC Form 1240 should have been marked on Line 4.b. as being an amended filing, and the cover letter date is erroneous, the filing itself reflects a correct and good faith effort to respond to Rice Williams' concerns. The amended filing incorporates the recommended changes in a correct presentation. The results are consistent with the results of Rice Williams' adjustments to the original filing and the calculations otherwise comply with the FCC regulations for preparation of the FCC Form 1240. This correct determination of the 2006 MPR pursuant to the FCC Form 1240 methodology produces an MPR of $11.8179 per subscriber per month, a figure that includes the FCC regulatory fee of$0.06. Mediacom is proposing an "Operator Selected Rate" of$I1.81 to be presented on subscriber bills in two components: $11.75 for BST cable programming service and $0.06 for the FCC regulatory fee. This rate level to apply to the Projected Period does not exceed the MPR determined by the FCC Form 1240, as amended, for the Projected Period. Accordingly, this rate is reasonable. Moreover, this rate is the same as currently being charged, so subscriber bills should not show any change after the effective date of September 1, 2006. City ofIowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205/2006 July 28, 2006 Page 4 of5 FCC Form 1205 The FCC Form 1205 is used to update charges for renting regulated equipment [eg., remotes and converters], equipment installations [eg., house wiring, service drops, extra outlets, service tier changes] and the Hourly Service Charge ["HSC"] for service calls. Charges established pursuant to this form are based strictly upon the actual cost of regulated equipment and installations plus a reasonable profit. The financial information utilized in this form is to be derived directly from the operator's general ledger and subsidiary records that are to be maintained in accordance with generally accepted accounting principles. This form is required to be prepared and submitted on an annual basis. . As with the Mediacom's FCC Form 1240, this review of Media com's FCC Form 1205 filing assumes the accuracy of the information supplied by Mediacom from its financial books and records and related sources. No audit of Mediacom's books and records has been done and none of its system cost assumptions has been checked against any independent sources. As is permitted by FCC regulations, Mediacom's FCC Form 1205 aggregates costs for equipment and installations on a system-wide basis. The information supplied by Mediacom has been incorporated into an official FCC analytical model which provides the formulas and format for all the calculations required for preparation and completion of the FCC Form 1205. It appears that Mediacom has followed the FCC's analytical format and the results shown on the FCC Form 1205 filing made by Mediacom match the results obtained from the official FCC analytical model reconstructed with Mediacom supplied cost data for the purpose of this review. However, as in prior filings, Mediacom has chosen not to include the minimal level of supporting information required by the FCC Form 1205 filing instructions. These matters have been addressed to Mediacom during previous reviews and Mediacom responded with appropriate supplemental informationjustitying its costs and presentation. As this filing appeared to make no departure from prior filings, it was assumed that there was no need to again investigate such matters. Based upon its FCC Form 1205 presentation, it appears Mediacom has determined its maximum permitted rates for equipment installation and rentals in a fashion consistent with the FCC regulations. The rates proposed for the Projected Period remain below the City ofIowa City, Iowa MCC Iowa, LLC Review of FCC Form 1240 & 1205/2006 July 28, 2006 Page 5 of5 maximum permitted rates determined by the FCC Form 1205 and therefore are reasonable. Moreover, with the exception of the rate for the remote control, which decreased slightly, and the rate for converters, which increased slightly, no changes to current rates will be made. CONCLUSION Mediacom's choice of an "Operator Selected Rate" of$II.81 per subscriber per month [inclusive of FCC regulatory charges which will be separately stated on subscriber bills] to be effective as of September 1,2006, as requested, is reasonable and should be approved. As this proposed rate for the new rate year is at the same level as the current rate, no change on subscriber bills will occur. The rates and charges developed by Mediacom's FCC Form 1205 also have been shown to be reasonable. Mediacom proposes largely to maintain the current rates during the Projected Period and all rates proposed by Mediacom are less than the allowable maximum rates. Accordingly, these rates may be put into effect on or about September 1,2006, as requested. Federal Communications Commission, Washington, DC 20554 Approved by OMB 3060-0685 FCC FOR'Ii 1240 UPDATING MAXI1\rIUM PERMITIED RATES FOR REGuLATED CABLE SERVICES Cable Operator: I Name of Cable Operator , I MCCIOWA,LLC i Mailing Address of Cable Qperator 1100 CRYSTAL RUN ROAD ICily L ~nDDLETO\VN RICE WILLIAMS REVIEW ADJUSTED CO FILING 2006 - 2007 RATES I State . I ZIP Code I NEW YORK .~094I 1. Does tbis filing involve a single franchisr authority and a single community unit? YES X NO If yes, complete the franchise authority information below and enter the associated cum number here: -.-' lAOO90 YES NO X 2. Does tbis filing involve a single franchise authorit)' but multiple community units? If yes, enter the associated CUIOs below and complete the franchise authority information at the bottom of this page: Adjusted company filing - start with 200S RW 1240. correct WKS 1 & WKS 8, complete True-up sections. This adjusted filing matches the amended filing provided by Mediacom in July, 2006. All cells converted to valuest 07/28/2006 3. Does this filing involve multiple franchise authorities? If yes. attach a separate sheet for each franchise authority and include the foUowing franchise authority information with its associated CUID(s): Franchise Authority Information: [Name of Local Franchising Authority I . i CITY OF IOWA CITY, IOWA ! Mailing Address of Local Franchising Authority iCity i Telephone number I State i I Fa."{ Number i I ZIP Code i 4. For what purpose is this Form 1240 being filed? Please put an "X" in the appropriate box. a. Original Form 1240 for Basic Tier b. Amended Form 1240 for Basic Tier c. Original Form 1240 for CPS Tier d. Amended Fonn 1240 for CPS Tier ,...------- , Reviewed ---------.- 5. Indicate the one year time period for which you are setting rates (the Projected Period). TO ! ~--'!.811l.~12006_~131120l!!.___ (mm/yy) 6. Indicate the time period for which you are performing a true-up. 7. Status ofPre"ious Filing of FCC Form 1240 (enter an "x" in the appropriate box) ~-04/0II200L__..,__~}I}~06 TO from!)'y) YES NO a Is this the first FCC FOrol 1240 filed in any jurisdiction? b. Has an FCC Fonn 1240 been filed previously with the FCC? X X .-- YES (mmldd/yy) NO If yes, enter the date of the most recent filing: c. Has an FCC Form 1240 been filed previously with the Franchising Authority? i X ! '-------~--- If yes, enter the date of the most recent filing: L-_~[~2!!~,9ii__.. (mm/dd/}1') Page 1 Lotus 123 WK4 version FCC Form 1240, July 1996 Federal Communications Commission, Washington, DC 20554 Approved by OMS 3060-0685 8. Status of Previous Filing of FCC Form 1210 (enter an "x" in the appropriate box) YES ~-_.- NO X a. Has an FCC Fornl 1210 been previously filed with the FCC? , ,-------- rfyes, enter the date ofthe most recent filing: L-........._~------i (mmJdd/)y) b. Has an FCC Form 1210 been previously n!ed with the Franchising Authority? YES X ' '-----___L NO If yes, enter the date of the most recent filing: 9. Status of FCC Form 1200 Filing (enter an "x" in the appropriate box) __~01fl994___, (mm/dd/yy) YES NO --_.~._-_.- ~--------; If yes, enter the date filed: l__...:.....___~__~ x (mmldd/yy) a. Has an FCC Form 1200 been previously filed with the FCC? Jfyes, enter the date filed: 10. Cable Programming Services Complaint Status (enter an "x" in the appropriate box) YES NO .-----~---,---~-_.._-----~ X ' L__1J!I!1~1994=-~i (mmldd/yy) b. Has an FCC Fonn 1200 been previously filed with the Franchising Authority? If yes, enter the date of the complaint: YES NO .--------_.~---~------'-- , . X ~~-~.,- (mm/ddlyy) NO .-----r--------- . a. Is this form being filed in response to an FCC Fonn 329 complaint? 11. Is FCC Form 1205 Being Included With This Filing L- YES X 12. Selection of "Going Fonvard" Channel Addition Methodology (enter an "x" in the appropriate box) j--1 Check here if you are using the original rules [MARKUP METHOD]. ~_J Check here if you are using the new, alternative rules [CAPS METHOD). [? Since the filing uses entries for the Markup Method.} If using the CAPS METHOD, have you elected to revise recovery for channels added during the period May IS, 1994 to Dec. 31, 19947 YES NO X 13. Headend Upgrade Methodolog)' ""NOTE: Operators must ceriijj' 10 the Commission their eligibility to use this upgrade methodology and Qrtach an eqllipmenllist and depreciation schedule. L_J Check here if you are a qualifying small system using the streamlined headend upgrade methodology. Part I: Preliminary Information Module A: Ma:ximum Permitted Rate From Previous Filing I Line Al Line Deseri tion Current Maximum Permitted Rate a Basic $11.7500 b Tier 2 , Tier 3 d Tier 4 , Tier 5 :~--~.- I Line ---~------------~--'--~----------- , d Tier 3 Tier 4 , TierS Line DeseriDtion a b Bask Tter2 ~ 17465 I ___--i---___.-:""L___ , i i - 17,2861 Module C: Inflation Informatiou , 81 Average Subscribership For True-Up Period I B2 Average Subscribership For True-Up Period 2 83 Estimated Average Subscribership For Projected Period ---+--------~ "'----~--~_. ->------ ------------------------_.__.----------~------_. i i Line Line Descri tion Cl Unclaimed Inflation: Operator Switching From 1210 To 1240 C2 Unclaimed Inflation: Unregulated Operator Responding to Rate Complaint C3 Inflation Factor For True-Up Period 1 [Wks 1] C4 Inflation Factor For True-Up Period 2 [Wks 1] C5 Current FCC Inflation Factor 1.0000 1.0000 1.0321 1.0347 Page 2 Lotus 123 WK4 version FCC Form 1240, Juiy 1996 Federal Communications Commission, Washington, DC 20554 Approved by OMS 3060-0685 Module D: Calculating the Base Rate w_ _______._ _~.___________________ . b , d .. m' Line Descriotion Basic: Tier 2 Tier 3 Tier 4 TierS 01 Current Headend Upgrade Segment , i I _I...--.o____~__.____._ .- 02 Current External Costs Segmen~ I $1.64151 I I , -1------------- I -------- ---...- 03 Current Caps Method Segment i , , --r-- , ---,-- ($0.14001 _"_n___ --- D4 Current Markup Method Segment I --'--- , --_._-----_...~--- -~-_._- 05 Current Channel Movement and Deletion Segment (11.0097) i ----- , i -..------- ---- ,-.- - - DO Current True-Up Segment : $0.28491 , -----~------ I I .- -- ..------- ------ - D7 Current Inflation Segment $0.2171 i I -..------ --'- I 510.7562 i .--1-- _..-- - ---------- OS Base Rate [A 1-01-02-D3.04-05.D6-D7] i i , L' Part II: True-Up Period Module E: Timing Information --------~--_._--_._---_._---- i i Line Line Descri 60n 2 El \VhatType ofTme-Up Is Being Perfonned? (Answer "1". "2". or "3n. See Instructions for B. description of these types.) If "1", go to Module L If "2", aDswer E2 and EJ. If "3", answer El, E3, E4. and ES. E2 Number of Months in the True-Up Period 1 E3 Number of Months between the end ofTme-Up Period I and the end ofthe most recent Projected Period B4 Number of Months in True-Up Period 2 Eligtble for Interest E5 Number of Months True-Up Period 2 Ineligible for Interest 12 4 o o Module F: Maximum Perm.itt~~-'~ate For True-Up Period 1 . b , d , I Line Line Description Basic Tier 2 Tier 3 Tier 4 TierS FI Caps Method Segment For True-Up Period I [Wks 2] I i I , (SO.1400~ I -------+-------.-- -~_.-'----- -- - --.. .- I , F2 Markup Method Segment For True-Up Period I [Wks 3) ! I (SLOO97~ I -... I .---------..-- F3 Chan Mvrnnt Deletn Segment For True.Up Period 1 [Wks' 4/5] , i i -'-------- ----~._.--- _,,__u F4 True.Up Period 1 Rate Eligible For Inflation [D8+FI+F2+F3] , $9.60651 _1- , -_.-- -------- -- F' Inflation Segment for True-Up Period 1 [(F4*C3}-F4] I SO.3079 ] L_____L-______ - - , ---- --.. F6 Headend Upgrade Segment For True-Up Period) [Wks 6] I I I i ! I i . I ----..------.--- F7 Extemai Costs Segment For True-Up Period I [Wks 7) S1.7684 ! I ! I ~- -----. F8 True-Up Segment For True-Up Period 1 I , , ---. - F9 Max Penn Rate for True-Up Period 1 [F4+F5+F6+F7+F8] i SI1.68281 I , Module G: Maximum~ermitted Rate For True-Up Period 2 . b , d T , I Line Line Description Basic Tier 2 Tier3 ler4 ler5 GI Caps Method Segment For True-Up Period 2 [Wks 2] , I , ~------ ---- __________n. -- -. ----.- G2 Markup Method Segment For True-Up Period 2 [Wks 3] I 10.0000 i , , Chan Mvmnt Deletn Segment For True-Up Period 2 [Wks' 4/5] I SO.OOOOr I ------- - --..~. G3 >-- : ---- ...------- --~---- G4 TU Period 2 Rate Eligible For Inflation [D8+F5+GI+G2+G3] ! , I I --"-- r --.-.-.-. - -_._-~----_... G5 Inflation Segment for True-Up Period 2 [(G4*C4)-G4] : - , ..- ----. n ___. -------" G6 Headend Upgrade Segment For True-Up Period 2 [Wks 6] , : ----- - ----_..- G7 Extemal Costs Segment For True-Up Period 2 [Wks 7] I , , , ~-----_.. . , --. ---+-- -- r---------.------T-----..----.-- ------ G8 True-Up Segment For True-Up Period 2 I I -. ! ! - , .-------.. ----~--------- G9 Max Penn Rate for True-Up Period 2 [G4+G5+G6+G7+G8) , i I r Page 3 Lotus 123 WK4 version FCC Form 1240, July 1996 Federal Communications Commission, Washington, DC 20554 Approved by OMS 3060-0685 I Line --------- -.:i~~Descri~t::_--~ Adjustment For True-Up Period I HI Revenue From Period 1 _Module II,--True-~.RAdl~st~ent C~I~ulat~o_n_____ . b , Tier 3 d Tier 4 , Tier:; ------r------- _.- H2 Revenue From Max Permitted Rate for Period I ! L-------~~= - .. Ii3 True-Up Period 1 Adjustment [H2-HI] H4 Interest on Period I Adjustment Adjustment For True-Up Period 2 H5 _ R;~enue From Penod 2 Eligible for Interest f--- H6 Revenue From Max Perm Rate for Period 2 Ehglble For Interest I ~H; Period 2 Adjustment Eligible For Interest [H6-H5} I I H8 Interest on Period 2 Adjustment (See instructions for fomlUla) i H9 Revenue From Period 2 Ineligible for Interest i H 10 Revenue From Max Penn Rate fOf Period 2 Ineligible for Interest! HI! Period 2 Adjusnnent Ineligible For Interest [HIO-H9] .---r----~~----t----~--.-------,.---------------..------ I ! : I I ! I ..__1__---.-----"----- ._____.__J_ Total True-Up Adjustment HI2 Previous Remaining True-Up Adjustment I I I , - I I HI3 Total True-Up Adjustment [H3+H4+H7+H8+Hl1+HI2] I ($29,209.9090 i I ! HI4 Amount ofTrue-Up Claimed For This Projected Period I ($29,209.9090 I , HIS Remaining True-Up Adjustment [H13-HI4] I SO.OOOO I , >------- ,-~-----~'-' ---- .. Line Descri tion Part III: Proiected Period Module I: New Maximum Permitted Rate . b , Basic Tier 2 Tier 3 d Tier 4 TierS I Lin:---- II Caps Method Segment For Projected Period [Wks 2] ~ 12 Markup Method Segment For Projected Period [Wks 3] ($0.14001 13 Chan Mvmnt Deletn Segment For Projected Period [Wks 4/5] ($1.0097) 14 Proj. Period Rate Eligible For Inflation [D8+F5+G5+II+12+I3] $9.9144 IS Inflation Segment for Projected Period [(14*C5)-14] $0.3d40 ! 16 Headend Upgnlde Segment For Projected Period [Wks 6} I , 17 External Costs Segment For Projected Period [Wks 7] S1.7001 i 1 I8 True-Up Segment For Projected Period ($0.14081 19 Max Permitted Rate for Projected Period [14+15+16+I7+18] SI1.81771 110 Operator Selected Rate For Projected Period $11.81001 I ...__._______--------L~__________ I I I ._-1-_______ , ; I- I Certification Statement WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47. SECTION 503). I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith Signature i Date BRIAN WALSH, SR. VP A-ND CORPORATE CONTROLLER TIllS FILING REVIEWED BY RICE WILLW>>lS i APRlL 27.2006 06/15/2006 : Telephone number 845-6~5-2775 i Fax Number Page 4 Lotus 123 WK4 version FCC Form 1240, July 1996