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HomeMy WebLinkAbout2002-07-02 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 02-222 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, 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: City News and Books - 113 Iowa Avenue One-Eyed Oakes- 18-20 S. Clinton Street Mumms Saloon & Eatery 21 W. Benton Street Peaceful Foo1-110 E. College Street North Dodge Express - 2790 N. Dodge Street Summit - 10 S. Clinton Street day of Jul~ Passed and approved this 2 20 02 Approved by CIT'C'6LERK City Attorney's Office It was moved by 6hampion and seconded by O'Bonnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum clerk/res/¢~gperm doc RESOLUTION NO. 02-223 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF 10WA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Memories 928 Maiden Lane Etc. - 118 S. Dubuque Street It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~( -- Pfab X __ Vanderhoef }( __ Wilburn Passed and approved this 2 day of Jul~v , 20 02 MAYOR CITY-CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Klm Johnson, PW, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 02-224 RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE VOICE COMMUNICATIONS PHASE-2 OUTSIDE PLANT PACKAGE PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of July, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2 day of Jul y ,20 02 MAYOR Approved by CITY'CLERK ~ ' City ,~tto'rney'~'Offic Resolution No. 02-224 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O~Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Kumi Mords, I=ngineedng Div., 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 02-225 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ANIMAL SHELTER HVAC PROJECT: PHASE II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of July, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Approved by ATTEST: ~c~-..~_.-.,.,._2 CIT'~LERK City Attorney's Office 9Jgg Resolution No. 02-225 Page. 2 It was moved by Champion end seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X . Wilburn Prepared by: Kumi Mords, Engineering Div., 410 E. Washington St., iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 02-225 SE'I=FING A PUBLIC HEARING ON PLANS, FORM CONTRACT, AND ESTIMATE OF COST FOR THI OF 41MAL CARE 8, ADOPTION CENTER HVAC PHASE II, CLERK TO PUBLISH NOTICE OF HEARING, AND DIRECTING IE CITY ENGINEER TO PLACE SAI S ON FILE FOR PUBLIC BE IT OF THE CITY OF CITY, IOWA: 1. That a public hearing plans, form of contract, and estimate of cost for the construction of to be held on the 16th day of July, 2002, at 7:00 p.m. in the J. Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby to publish notice of the public hearing for the above-named project in a least once weekly and having a general circulation in the City, not less nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, contract, and estimate of cost for the construction of the above-named project is ordered placed on file by the City Engineer in the office of the City Clerk for public ins Passed and approved this 2 day of July ., 20 02 / ., Approved CITY'CLERK pweng~r e$',13vac-a nimal.doc 9/99 Prepared by: Janet Lower, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 RESOLUTION NO. 02-226 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2002 CURB RAMP PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of July, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2 day of 3uly ,20 02 MAYOR Appjoved by ATTEST: ?~!'/,z.,-~ '~ ,,~.~-i.~..~ / ~C~t~~~ ~"~'"Z/~ CIT~TCLERK i y orneys u ~ce pweng/res/curbramp2002 doc 9/99 Resolution No. 02-226 Page 2 It was moved by Champ'ion and seconded by 0'Donne ll the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O~Donnell X Pfab -- X Vanderhoef X Wilburn Prepared by: A. Matthews, Asst. City Attorney, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-227 RESOLUTION OF INTENT TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEXTEL WIP LEASE CORP. FOR USE OF CAPITOL STREET PARKING RAMP SPACE FOR AN EQUIPMENT SHELTER AND SPACE ON THE EXTERIOR OF THE ELEVATOR PENTHOUSE FOR ANTENNA USE IN ACCORDANCE ItEREWITH, AND SETTING A PUBLIC HEARING FOR JULY 16, 2002. WHEREAS, Nextel WIP Lease Corp. has requested the City lease it space in the Capitol Street Parking Ramp for an equipment shelter and space on the exterior of the elevator penthouse for antenna use; and WHEREAS, the City has negotiated a lease with Nextel WIP Lease Corp. for use of such space for their equipment and antennas in said facility for a term of five (5) years with an option to extend the term for four (4) successive five (5) year periods, which lease agreement is attached hereto and requires City Council approval. 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 approve the attached lease agreement between the City of Iowa City and Nextel WIP Lease Corp. for use of Capitol Street Parking Ramp space for an equipment shelter and space on the exterior of the elevator penthouse for antenna use in accordance with that agreement. 2. A public hearing on said proposed agreement should be and is hereby set for July 16, 2002 at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 2 day of duly ., 2002. ATTEST: ~/~.,~) /~.~ Approved by: cITg-C£EP-K ~~ ~-o~ City Attorney's Office Resolution No. 02-227 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman T O~Donnell X Pfab X Vanderhoef X Wilburn MKT: Eastern Iowa SITE #IA-342P COMMUNICATIONS SITE LEASE AGREEMENT (BUILDING} This Communications Site Lease Agreement (Building) ("Agreement") dated this day of ,2002, is entered into between Nextel WIP Lease Corp., a DelaWare Corporation, dgo/a Nextel Partners, ("Lessee"), and the City of Iowa City ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the City oflowa City, County of Johnson, State of lowa, commonly known as the Capitol Street Parking Ramp (the Building and the Land are collectively, the "Property"). The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor approximately 400 (400)) square feet of space (16' x 25') or roughly the equivalent of 3 parking spaces on the elevated parking ramp of the Building for Lessee's equipment shatter, and space on the exterior of the elevator penthouse for Lessee's antennas, located on the top level of the Building, and all access and utility easements thereto, if any, (collectively, the "Premises") as described in Exhibit B annexed hereto. 2. Ustc. Lessee may use the Premises for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Property for the purpose of making appropriate engineering and bounda~ surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). The terms of this Agreement are contingent upon the Property satisfactorily passing any and ali sa-uctural analyses or studies that may be required for Lessee's use of the Property. Lessee shall be responsible for any damage to Lessor's Property resulting from such activities, and shall repair any such damage in a timely manner upon demand by Lessor. 4. Term. The term of this Agreement shall be five (5) years commencing July 31, 2002, or commencement of construction, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee may extend the Term for four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions es set forth herein, subject to the consent of the Lessor, which shall be provided to Lessee in writing no less than sixty (60) days prior to commencement of each succeeding Renewal Term. Provided Lessor has given such consent, the Renewal Term(s) shall commence immediately following the preceding Term or Renewal Term unless Lessee notifies Lessor prior to the commencement of such Renewal Term that it does not wish to renew this Agreement. 5. Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent ONE DtOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($1,700.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Effective on each anniversary of the Commencement Date throughout the Term and any Renewal Terms, Rent shall increase by three percent (3%) over the Rent payable during the immediately preceding year. Rent shall be payable to Lessor at City of Iowa City, 410 East Washington Street, Iowa City, IA 52240; Attention: Mr. Chris O'Brien. 6. Facilities; Utifities~ Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation an air conditioned equipment shelter on the ground level of the Building, utility lines, transmission lines, electronic equipment, ra. dio transmitting and receiving antennas and supporting equipment and structures thereto as identified, described and located on Exhibit "B" ("Lessee Facilities"). In connection therewith, Lessee h~ the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Lessee shall hold title to the Lessee Facilities. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee shall remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement, and shall restore the Premises to its former condition, normal wear and tear excepted, and Lessee shall repair any damage to the Premises caused by installation or removal. Lessee has the right to remove the Lessee Facilities at its sole discretion at any time during the term of this Agreement. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or temporary easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of a temporary easement in, over, across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any such temporary easement necessary for such power or other utilities t~ilt be at a location acceptable to Lessor and the servicing utility company, and shall remain in effect throughout the term of this Agreement (c) Lessee, Lessee's employees, agents, subcontractors, lenders aud invitees shall have access to thc Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways t¥orn the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. Page I MKT: Eastern Iowa SITE #IA-342P 7. Interference. (a) Lessee shall operate the Lessee Facilities_in a manner that will not cause physical, electronic or technological interference to Lessor or Lessor's equipment. Lessee shall operate the Lessee Facilities in a manner which will not cause physical, electronic or technological interference to other lessees or licensees of the Property, provided that such Lessees' installations predate that of the Lessee Facilities. In the event such interference occurs, Lessee agrees to take all action necessary to eliminate such interference in a reasonable time period. In the event Lessee falls to comply with this paragraph, Lessor may terminate this Agreement as provided in paragraph 10 herein. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit its lessees or licensees to install new equipment on the Propearty or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause physical or technological interference with Lessee's operations. Such interference shall be deemed a material breach by Lesser. In the event interference occurs, Lessor agrees to take all action necessary to eliminate such interference, in a reasonable time period. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement and/or pursue any other remedies avallabIe under this Agreement, at law, and/or at equity. 8. Taxes. If personal property taxes arc assessed, Lessee shall pay any portion of such taxcs directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Property. Lessor agrees to provide to Lessee a copy of any notice, assessment or billing relating to any personal property taxes for which Lessee is responsible under this Agreement within thirty (30) days of receipt of same by Lessor. Lessee shall have no obligation to make payment of any personal property taxes until Lessee has received notice, assessment or billing relating to such payment in accordance herewith. Lessee shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of any personal property tax assessment or billing for which Lessee is wholly or partly responsible for payment under this Agreement. Lessor shall reasonably cooperate with Lessee in filing, prosecuting and perfecting any appeal or challenge to personal property taxes as set forth herein, including but not limited to executing consent to appeal or other similar document. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt fi.om execution, foreclosure, sale, levy, attachment, or disttess for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. .Termination. This Agreement may be terminated without further liability as follows: (i) on thirty (30) days prior written notice by either pa~y upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of recaipt of writtan notice of default, provided that the grace period for any monetary default is ten (10) days fi.om receipt of notice; or (ii) by Lessee on thirty (30) days prior written notice if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessce Facilities; or (iii) by Lessee on thirty (30) days written notice if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in fi.equencies; or (iv) by Lessee on thirty days (30) written notice if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. I 1. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessce's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, comprehensive general hnbility insurance, including bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessec's use of the Premises, all as provided for herein, and shall name the Lessor as an additional insured. 13. INTENTIONALLY DELETED 14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; which shall not be unreasonably withheld, conditioned or delayed, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fit~y-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessoc may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thercol; (ii) has obligations evidenced by bonds, debentures, notes or Page 2 MKT: Eastern Iowa SITE #IA-342P similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enioyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto; (ii) Lessor has full fight to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing ail the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee fi.om any and ail claims on Lessee's leasehold interest. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Lessee shall maintain its facilities in good order and appearance. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on. under, about or within the Land or Building in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land or Building in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land or Building in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land or Building is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dang6rous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of Lessee or Lessee's agents or employees, licensees, invitees, or contractors of Lassee in or about the ProperXy. Lessor shall indemnify and hold Lessee harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of Lessor or Lessor's agents, employees, licensees, invitees, contractors or other tenants occurring in or about the Property. The duties described in this Paragraph survive termination of this Agreement. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any an~endments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement, such notice or demand shall be given or served in writing and sent to Lessor at the address set forth and to Lessee as follows: If to Lessor: City of Iowa City If to Lessee: Nextel WIP Lease Corp. 410 East Washington St. c/o Nextel Parmers, Inc. Iowa City, lA 52240 4500 Carillon Point Attention: Chris O'Brien Kirkland, WA 98033 Attention: Legal Department/Lease Administrator With a copy to: Nextel Parnlers 6750 Westown Pkwy, Ste. 115 West Des Moines, IA 50266 Attn: Project Manager All such notices shall be sent by certified or registered mail and in such case sball be effective as of the date such mailing is deposited or by reputable ()vernight courier, and in such case shall be effective one (1) day after the date of mailing. Any such address may be changed from time to time by either patty serving notices ~s above provided. (e) This Agreement shall be governed by the laws of the State in which the Property is located. (t) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official Records of the County where the Property is located. Lessor agrees to sign all necessary and appropriate documents to facilitate the filing of the Page 3 MKT: Eastern Iowa SITE #IA-342P Memorandum of Agreement. In the event ',he Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non- disturbance and attornment instnunant for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably condition, delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (k) In the event of a breach or any of the covenants or agreements set forth in this Agreement, the parties shall be entitled to any and all remedies available at law or in equity, The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements, and/or conditions of this Agreement, it is understood and agreed upon that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees, including appellate fees, and court costs. 20. Markine and Liehtine Rea uirements. Lessee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC directly related to Leasee's equipment and activity on the Property. IN WITNESS WItEREOF, the parties have executed this Agreement as oftbe date first above written. LESSOR LESSEE City of Iowa City Nextel WIP Lease Corp. dgo/a Nextel Partners By: By: Denise J. Swerland Date: Date: Title: Title: Assistant Secretary Tax ID# P~e4 MKT: Eastern Iowa SITE #IA-342P EXItIBIT A DESCRIPTION OF LAND to the Communications Site Lease Agreement (Building) dated , 2002, by and between the City of Iowa City, an Iowa Municipality, as Lessor, and Nextel W1P Lease Corp., d/b/a Nextel Par~ers, a Delaware corporation, as Lessee. The Land is described and/or depicted as follows: Lots l, 2, 3, and 4 of Block 61, Original Town of Iowa City, Iowa, according to the recorded plat thereof. Page 5 MKT: Eastern Iowa SITE #IA-342P EXItIBIT B DESCRIPTION OF PREMISES to the Communications Site Lease Agreement (Building) dated ,2002, by and between City of Iowa City, an Iowa Municipality, as Lessor, and Nextel WIP Lease Corp., d/b/a b/extel Partners, a Delaware corporation, as Lessee. The Premises are described and/or depicted as follows: IA-364P-D Iowa City Downtown Not to scale shopping Mall Latitude: 41-39-30.7 Longitude: 91-32-08.0  Ground Elevation: 741' Street ~Proposed Nextel ~ Ramp Elevator Pent )use Partners shelter 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable goveramental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of anteanas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Page 6 MKT: Eastern Iowa SITE #IA-342P EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please ret~m this document to: Nextel WIP Lease Corp. 4500 Carillon Point Kirkland, WA 98033 Attention: Property Manager This Memorandum of Agreement is entered into on this day of ,2002 by and between City of Iowa City, an Iowa Municipality, with an office at 410 East Washington Street, Iowa City, IA 52240, (hereinafter referred to as "Lessor") and Nextel WIP Lease Corp., d/b/a Nextel Partners, a Delaware corporation with an office at 4500 Carillon Point, Kirldand, WA 98033 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement (Building) ("Agreement") on the day of _, 2002, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for five (5) years commencing on July 31, 2002, or commencement of construction, whichever first occurs ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with four (4) successive five (5) year options to renew, subject to Lessor's consent. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: LESSEE: City oflowa City NEXTEL WIP LEASE CORP. dgo/a Nextel Partners By: EXHIBIT ONLY DO NOT EXECUTE By: EXHIBIT ONLY DO NOT EXECUTE Name: Name: Title: Title: Date: Date: STATE OF COUNTY OF On , before me, __ Notary Public, personally appeared, _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: Page 7 MKT: Eastern Iowa SITE #IA-342P STATE OF WASHINGTON COUNTY OF KING On ,2002, before me, , Notary Public, personally appeared Denise J. Swerland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within inslrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the insh'ument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SE,XD Notary Public My commission expires: Page 8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TVVO MORTGAGES FOR THE PROPERTY LOCATED AT 1208 GINTER AVENUE, IOWA CITY, IOWA. WHEREAS, on September 22, 1997, the owners of 1208 Ginter Avenue executed a Mortgage in the amount of $736; and WHEREAS, on November 16, 1998, the owners executed another Mortgage in the amount of $6,808; and WHEREAS, the loans were paid off on June 10, 2002; 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 1208 Ginter Avenue, Iowa City, Iowa from the Mortgage recorded on May 6, 1998, Book 2480, Page 38 through Page 42 and from the Mortgage recorded on November 24, 1998, Book 2623, Page 191 through Page 195 of the Johnson County Recorder's Office. Passed and approved this 2 day of J u 1.y ,20 02 MAYOR Approved by ATTEST: //,'/.4..< z ' - ,'"~ ~ - CiTY'CLERK City Attorney's Office Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1208 Ginter Avenue, Iowa City, Iowa, and legally described as follows: Lot 22 in Kirkwood Place, an addition to Iowa City, Iowa according to the plat thereof recorded in Plat Book 3, page 126, plat records of Johnson County Iowa from an obligation of the owners, Jeff and Debra Bennerhahn, to the City of Iowa City in the total amount of $7,544 represented by a Mortgage recorded on May 6, 1998, Book 2480, Page 38 through Page 42 and from a Mortgage recorded on November 24, 1998, Book 2623, Page 191 through Page 195 of the Johnson County Recorder's Office, This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded dpcu~ent. Approved by CiTY 'CLERK ~:it~' Atto'rr~ey"s (~ffice STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 day of July ,A.D. 20 02 ,beforeme, theunder- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 02-228 , adopted by the City Council on the 2 day Ju],,v , 20 02 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.  SONDRAE FORT Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-229 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1436 ABER AVENUE, IOWA CITY, IOWA. WHEREAS, on October 20, 1998, the property owner of 1436 Aber Avenue executed two Mortgages through the City's Housing Rehabilitation Program. One Mortgage was in the form of a no-interest loan ($9,699) and the other Mortgage was a ten-year declining balance loan ($1,712); and WHEREAS, on August 10, 1999, the property owner executed another Mortgage. The Mortgage was in the form of a conditional occupancy loan in the amount of $963; and WHEREAS, the loans were paid off on June 24, 2002; 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 1436 Aber Avenue, Iowa City, Iowa from the Mortgages recorded on October 30, 1998, Book 2607, Page 22 through Page 30; and from the Modgage recorded on August 12, 1999, Book 2805, Page 221 through Page 225 of the Johnson County Recorder's Office. Passed and approved this 2 day of ,.]u 1 y ,20. 02 Approved by ATTEST:' ~'~¢,¢,,,,/"~'. ~.¢~ CI'i'Y ~.ERK ' - ' City Attorney's Office It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, CD Division, 410 E. Washington St,, Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1436 Aber Avenue, Iowa City, Iowa, and legally described as follows: Unit 1436, Aber Avenue condominiums, Lot 12 in Part Thirteen, Bryn Mawr Heights, an Addition to Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 21, page 71, Plat Records of Declarations of Condominiums thereof recorded on the 23rd day of July, 1985, in Book 783, page 317, Miscellaneous Records of Johnson County, Iowa, including a 50% interest in all common areas and facilities, and subject to easements and restrictions of records from an obligation of the property owner, Rose Ann Bell, to the City of Iowa City in the total amount of $12,374 represented by two Mortgages recorded on October 30, 1998, Book 2607, Page 22 through Page 30; and from a Mortgage recorded on August 12, 1999, Book 2805, Page 221 through Page 225 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded cJ~ent. City Attorney'~ Office ~' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 day of Jul y , A.D. 20 02 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. .Q.~, adopted by the City Council on the ~ day ,]u],y ,20 02 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r-~¥,., i $ONDRAE FORT )~°l~-IComrnission Number 159791 ~.. . ~ J.~ ppdrehab\1436aber-rel LlOW~. m .~- -!- oe ~l~otary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (3'19) 356-5246 RESOLUTION NO. 02-230 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of four Mortgages in the total amount of $42,493, executed by the owners of the property on January 19, 2001, and recorded on January 25, 2001, in Book 3032, Page 59 through Page 70, and on June 12, 2001 and recorded on June 26, 2001, in Book 3082, Page 161 through Page 172, in the Johnson County Recorder's Office covering the following described real estate: Beginning at a point that is 20 feet North and 408.3 feet East of the Southwest corner of the SE ¼ NE ¼ of Sec. 3, Twp. 79N, R. 6, West of the 5th P.M., in Iowa City, Iowa; thence North 140 feet; thence East 120 feet; thence South 140 feet; thence West 120 feet to the point of beginning, together with easements running with the land, and subject to easements and restrictions of record. WHEREAS, Iowa State Bank and Trust, is refinancing a first mortgage in the amount of $120,000 to the owners of 630 Whiting Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of Iowa State Bank and Trust, secured by the proposed mortgage in order to induce Iowa State Bank and Trust, to make such a loan; and WHEREAS, Iowa State Bank and Trust, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgages with Iowa State Bank and Trust; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien, which is the City's original position. 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 and Iowa State Bank and Trust, Iowa City, Iowa. Passed and approved this 2 day of Jul v ,20 02 Approved by CITY OL-ERK City Attorn~'~;'s OffiCe ppd rehab/re~630whi~ rig2 dec Resolution No. 02-230 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ---X--- Lehman X O~Donnell X Pfab X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank & Trust Company of Iowa City, Io~a , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgages which at this time is in the amount of $ 42,493 and were executed byDominic D and A~y J Gabaldon (herein the Owner), dated January 19 , 200[, recorded January 25 200t, in Book 3032, Page__59 through 70 and dated ' j,, 26ul7 , 2001 recorded June zo' , , in Book _t/:LSZ_, Page 161 through t77 , Johnson County Recorder's Office, covering the following described real property: Beginning at a point that is 20 feet North and 408.3 feet East of the Sourthwest corner of the SE 1/4 NE 1/4 Sec. 3, ~p. 79N., R. 6, West of the 5th P.M., in Iowa City, Iowa; thence North 140 feet; thence East 120 feet; thence South 140 feet; thence West 120 feet to the point of beginning, together with easements running with the land, and subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $ t20,OOO on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the ~4,~.-~-?~,.. held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the padies hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the modgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the [~ort§a§es of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the pa__d, ies hereto. Dated this 20 day of June , 2002 ~ OF IOWA FINANCIAL INSTITUzTION Attest: .¢~yJ' r~J./~ie]¢~,[.~ Vice President ~ity I~erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 day of July , 20 02 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordlma~s~ (Resolution) No. 02-230 passed (the Resolution adopted) by the City Council, under Roll Call No. - ........... of the City Council on the 2 day of July 2002 , and that Ernest. W. Lehman and Marian K. Karr acknowle~lged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONO O T '] ~'al~ ~.J CommiSsion Number 159791 [ ~ ~'¢I.~ I;,~L'/ My Commission Expires ~ L"f~rc'| 3 - '7- o 3 ] Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 20 day of Jn.e , A.D. 2002 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Duane 7.,. S~'artzend~ttb.er and Jeffrey J. N~Lelsen , to me personally known, who being by me duly sworn, did say that they are the Senior V'i'ee?Pres~.denl: and Vice PresJ. dent , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said ])uaue L. · S~artzendruber and Jeffrey J. Nielse~ as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, I ORIGINAL Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEblENT LOCATED ON LOT '1 OF RUPPERT SUBDIVISION PART ONE, WHEREAS, there is currently an existing storm sewer, drainage way, and associated easement on Lot 1, Ruppert Subdivision Part One; and WHEREAS, the Iowa City Public Works Department has discovered that the grant of an additional storm sewer and drainage easement to the City is necessary to protect the public interest in said storm sewer and drainage way; and WHEREAS, the owners of the property, Kenneth E. Williamson and Diane H. Williamson, have submitted a Storm Sewer and Drainage Easement Agreement; and WHEREAS, the Public Works Department has recommended the execution of said Storm Sewer and Drainage Easement Agreement, and the same has been approved by the City Attorney's Office; and WHEREAS, it is in the public interest to execute said Storm Sewer and Drainage Easement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. City Council finds that it is in the public interest to obtain a storm sewer and drainage easement agreement as referred to above. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer and Drainage Easement Agreement submitted by the property owners and approved by the Public Works Department and City Attorney's Office. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the Owner's expense. Passed and approved this 2 day of Ju].,v ,20 02 MAYOR · ,. AppT~~__/~~ ClT~ERK Cit¢'At{o~n*~y's *Office mitchZres-williarnson doc Resolution No. 02-231 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab ~( Vanderhoef X Wilburn ORIGINAL Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-232 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITY FOR W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, by reason of a Subdivider's Agreement and Stormwater Management Easement Agreement for W.B. Development dated January 11, 1996, Subdivider is obligated to construct a Stormwater Management Facility as required by'the City and as a benefit to the subdivision; and WHEREAS, said Subdivider's Agreement provides for City's issuance of a Padial Release of the Stormwater Facility upon substantial completion and deposit of $5,000 into escrow with the City; and WHEREAS, the Public Works Department has determined that the Stormwater Facility has been substantially completed, and the Subdivider has made the appropriate escrow deposit; and WHEREAS, Subdivider has requested a Partial Release regarding the Stormwater Facility, and has submitted a Partial Release Agreement, which has been approved by the Public Works Department and City Attorney's Office; and WHEREAS, it is in the public interest to issue a partial release concerning the Stormwater Management Facility for the subdivision. 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 issue a Partial Release concerning the Stormwater Management Facility for W.B. Development, Iowa City, Iowa. 2. The Mayor is hereby authorized to sign and the City Clerk to attest a Partial Release Agreement concerning Stormwater Management Facility for W.B. Development, Iowa City, Iowa, upon direction of the City Attorney's Office. 3. The City Clerk is hereby authorized and directed to cerlify a copy of this Resolution and to record the same with said partial release in the Johnson County Recorder's Office at the Subdivider's expense. Passed and approved this 2 day of Ju],y ,20 02 MAYOR Approved by ClTY'~-=LERK City' Att'o~'~'ey's Of-fice miIClVB/Vv'B developmen Ypa r t relagt-res~doc Resolution No. 02-232 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X . Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Steven Nasby, Community Dev. Coord., 410 E. Washington St., Iowa City IA 52240 (319) 356-5248 RESOLUTION NO. 02-233 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO Al-rEST THE SAME, WHEREAS, the State of Iowa has received funds for the Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to suppod services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Emergency Shelter Grants Program funding in the amount of $105,630 available to the City of Iowa City for program administration and support of the Domestic Violence Intervention Program, Emergency Housing Project, Greater Iowa City Housing Fellowship, Table to Table, and Four Oaks (a.k.a.Youth Homes, Inc.). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Emergency Shelter Grants Program funding (02-ES-004), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Emergency Shelter Grants Program funding. 3. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this ? day of July~ ,2002. ~:MAyOR Approved by CITYt'CLERK City Attorney's Office Resolution No. 02-233 Page 2 It was moved by Champ'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ;( Vanderhoef × Wilbum IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT RECIPIENT: City of Iowa City ESGP CONTRACT NUMBER: 02~ES-004 AWARD DATE: May 9, 2002 EFFECTIVE DATE: July 1, 2002 CONTRACT EXPIRATION DATE: June 30, 2003 AWARD AMOUNT: $105,630 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing providers of services to the homeless; and WHEREAS, the Grantee has agreed to enter into this contract on behalf of the homeless service'providers designated for funding through the Department; and WHEREAS, the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtahthlg ESGP funds is to improve the quality of existing providers of services to the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT. "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment A, Budget Summary and consistent with federal regulations and guidelines applicable to the ESGP program. 1.3 AWARD DATE, "Award Date" means the date on which the Department approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date thc Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the contract expiration date first stated; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. 1.5 EFFECTIVE DATE. "Efl~ctive Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. 1.6 EMERGENCY SHELTER GRANTS PROGRAM ~ESGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKi~tney Homeless Assistance Act of 1988, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. Contract Number: 02-ES-004 Page 2 of 14 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's grant application together with any related submittal documents. 1.9 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or aa individual or family who has a primary nighttime residence that is: (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular steeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.10 IIOMELESS PREVENTION. "Homeless Prevention" means activities or programs designed to prevent the incidence ofhomelessmess, subject to the limitations in 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. 1.11 HUD.. "HUD" means the U.S. Department of Housing and Urban Development. 1.12 PROJECT. "Project" means the work, services, and other activities to be performed or accomplished by the Grantee as described iu this Contract and the ESGP application approved by the DeparUnent. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within sixty (60) days after the Contract Expiration Date, then the Deparmrent shall be under no obligation for further disbursement. ARTICLE 3 TERMS OF GRANT 3. I TIME OF PERFORMANCE. The services of the Grantee are to conm~euce as of the effective date first stated and shall be undertaken in such sequence as to assure their expeditious completion All of the services required hereunder shall be completed on or before the contract expiration date first stated. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall confom~ to the budget as presented in Attachment A, "Budget Suramary." It is further understood and agreed that the total of all pay~nents to the Grantee by the Department for all work and services ESGP Grant Format Revised May 23, 2002 Contract Number: 02-ES-004 Page 3 of 14 required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such contribution shall be provided in accordance with the approved Budget Summary, Attachment A. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (b) In-Kind. If the grantee agrees to provide in-kind contributions to the Project, then said contribution shall be as shown in the approved Budget Summary, Attachment A. (c) It is expressly understood by the Grantee that should local effort not at least equal grant funds expended, the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 08.1 (b)), the grantee shall identify the cash and in-kind local efforts contributed during the report period. 3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Homeless Assistance Grants Manual which has been distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities and perfomrance targets as described in Attactunent A, "Budget Summary." 4.2 CALCULATIOI'q OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee has met its performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment A, "Budget Sunmmry." The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5. I GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determmed by the Departxnent, the work activities and services as written and described in the Grantee's approved Emergency Shelter Grants Budget Summary (Attachment A). 5.2 BUDGET REVISIONS. Any substantive change to a funded ESGP project, including time extensions, budget revisions and significant alteration to proposed activities, shall be considered a contract amendment. The receipient shall request the amendment in writing. No amendment shall be valid until approved in writing by IDED. In no instance shall a budget revision result m total costs exceeding the total Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible with the terms of this Conttact and of such a nature as to qualify as an allowable cost. Budget revismns requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities ESGP Grant Format Revised May 23, 2002 Contract Number: 02-ES-004 Page 4 of 14 5.3 COST VARIATION. a) In the event that the total Project cost is less than the amount specified in the Emergency Shelter Grants Budget Summary (Attactwnent A), the ESGP participation shall be reduced at the same ratio to the total project cost reduction as the ratio of the ESGP funds to the total amount of funds provided by the Recipient and all funding sources requiring a proportional reduction of their financial contribution to the Project. Any disbursed excess above the reduced ESGP participation amount shall be returned immediately to the Deparmaent. b) In the event that the total Project cost is greater than the amount specified in the Emergency Shelter Grants Budget Summary (Attachment A), the Department shall, upon request, consider increasing the ESGP participation in the same ratio to the total increase in project cost as the ratio of the ESGP funds to the total amount of funds provided by the Recipient and all other funding sources able and willing to offer the Project an increase of funds. The consideration of an increase of ESGP funds for a Project shall be subject to availability of funds, detemfination of reasonable and allowable costs, and all other applicable program rules. c) The Recipient may request the Department to increase the ESGP participation to an amount that is higher than the proportional ratio. The Department may permit such a higher increase if, in the Department's judgement, the Recipient has demonstrated financial hardship. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Departurent shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: 6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this Contract tmtil the Grantee has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as summarized in the Homeless Assistance Grants Manual. 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material such as permits or liccuses Il-om other state or federal agencies, which may be required prior to project commencement. 6.5 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(les), shall receive and review the subrecipient agreement between the grantee and approved subrecipient(s). User Certifications for the Iowa Homeless Information Management Network must be sub~ratied to the Iowa Institute for Community Alliances for each subrecipiem before funds will be released. 6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction shall not begin prior to plan review and approval of disabled accessibility by the Building Code Program staff of the Iowa Department of Public Safety. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce tile Department to make the Grant referred to in this Contract. the Grantee represents, covenants and warrants that: 7. I AUTHORITY. The Grantee is duly authm izod and empowered to execute and deliver the (lrant Contract All action on the Grantee's part, such as appropriate resolutio~ of its governing board for the execution and delivery of the Grant Contract, has been effi-ctively taken. t(SGP Grant Format Revised May 23, 2002 Contract Number: 02-ES-004 Page 5 of 14 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department are true and correct in all material respects and completely and accurately represent the subject mat~er thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the Grantee submitted its ESGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Grant Contract, 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF THE GRANTEE 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the ESGP application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to revolve homeless individuals and families in the constmctinn, renovation, maintenance, and operation of facilities assisted under the Emergency Sheher Grant Program. (b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in the fomr and content specified by the Department. The Payment Request/Activity Status report and the Client Tracking Report shall be submitted to the Department by the 15th of the month to ensure tmiely payment. The Grantee shall review all reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs, REPORT DUE DATE Payment Request/Actiyity Statt~ 15th of every month after submitmig initial request (original and tln'ee cop~es} Client Tracking Using Service Point Software 15'~' of every month after submitting initial request Applicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1996~ as amended, and OMB Circular A-133. ESGP Grant [:ormat Revised May 23. 2002 Contract Number: 02-ES-004 Page 6 of 14 The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS. The Grantee shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a five (5) year period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or ifa claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Depar~ent, its representatives or the State Auditor to examine, audit and/or copy (i) any plans and work details pertaining to the Project, (ii) all of the Grantee's books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or inspection. (e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. (f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (I) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in cmmection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee. (h) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performance of this Conu'act. (i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A- 110 ("Unifo~xn Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, tfospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circolar A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Govemments")~ OMB Circular A-133 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44~ and the implementing regulations issued by HUD concerning adnfinistrative requirements found at 24 CFR Part 85. (ii) Title 1V of the Stewart B, McKinney Homeless Assistance Act as amended (Public Law 100 771 and regulations which implement this law. [:~SGP Grant Fom',at Revised May 23, 2002 Contract Number: 02-ES-004 Page 7 of 14 (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101-235), and implementing regulations. (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213; and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIlI of the Civil Rights Act of 1968 as axnended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of 1986; and regulations which implement these laws. (ix) Fair Labor Standards Act and implementing regulations. (x) Requirements for the Notification, Evaluation and Reduction of Lead Based Paint Hazards in FederalLy Owned Residential Property and Housing Receiving Federal Assistance, Final Rule (24 CFR Par~ 35, et al.). (xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing regulations (xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resunrces Act (16 U.SC. 3501) (xiii) Unifolm Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601) and implementing regulations; (xiv) Hatch Act (regarding political partisan activity and federally fimded activities) and implementiug regulations. (xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and implemeutmg regulations. (xvi) Drag Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F (xvii) Administrative rnlcs adopted by the Iowa Department of Econonnc Development, 261 Iowa Adnnnistrative Code, chapter 24. (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Developtnem: the Homeless Assistance Grants Manual, the IDED Audit Guide ESGP Grant Format Revised May 23. 2002 Contract Number: 02-ES-004 Page 8 of 14 8.2 MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commtt waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies to the Department. 8.3 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Department by, or on behalf of the Grantee in cormection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee. (b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Contract. (c) NON-COMPLETION. If the Project, in the sole judgment of the Department, ~s not completed on or before the Contract Expiration Date. (d) MISSPENDING. If the Grantee expends Grant proceeds for pm~poses not described in the ESGP application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. 1DED shall issue a written notice of default providing therein a thirty (30) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it, to do one or more of the following: (a) exercise any remedy provided by law, (b) require inm~ediate repayment of up to the fnll amount of funds disbursed to the Grantee under this Contract plus interest. 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Depamnent may permit repayment of Grant proceeds which allows partial credit for the ESGP Grant Format Revised May 23~ 2002 Contract Number: 02-ES-004 Page 9 of 14 performance targets wh/ch have been met, or the Department may permit other remedies that the Department determines to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "Budget Summary," dated May 9, 2002. 2. Attachment B, Service Provider Applications 3. Attachment C, "General Provisions," dated May 23, 2002. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of priority shall govern: 1. Articles I through 11 herein. 2. Attachment A, "Budget Sunm~ary", dated May 9, 2002. 3. Attachment B, Service Provider applications. 4. A~tacfunent C, "ESGP Program General Provisions", dated May 23, 2002. ARTICLE 11 MISCELLANEOUS 1 I. 1 L1MIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds o~dy as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, te~a~ns, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the project is completed as determined by the department. 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or writlen request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. ESGP Grant Format Revised May 23, 2002 Contract Number: 02-ES-004 Page 10 of 14 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy herem~der shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. 11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 1N WITI'iESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRAINTEE: City/of~o~wa City ,//~' /~ q'h~ Honorab e Ernest W. Lelm~an Mayor, City of Iowa City City Hall - 410 E. Washington St. Iowa City, IA 52240-1826 DATE: July 2, 2002 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: BY: SANDY EHRIG, DIVISION ADMINISTRATOR DATE: ESGP Grant Format Revised May 23, 2002  Emergency Shelter Grants Program (ESGP) Attachment A - Budget Summary Reporl Criteria: Contract #: 02-ES-004 Essential Homeless Match Prov, # Provider Name Admin Rehab Services Operating Prevention Total Budget Re(]uirement Funding Date: Grantee: 02-ES-004 - City of Iowa City 05/09/2o02 52001 Domestic Violence Intervention $0 $0 $0 $16,600 $1,000 $17,600 $17,600 Program 52003 Emergency Housing Project $0 $0 $0 $35,000 $0 $35,000 $35,000 52004 Greater Iowa City Housing $0 $0 $0 $0 $7,000 $7,000 $7,000 Pellowsn~p 52006 Four Oaks, Inc, in Iowa City $0 $0 $0 $23,200 $0 $23,200 $23,200 52007 Table to Table $0 $0 $0 $17,600 $0 $17,600 $17.600 52999 Admin - City of Iowa City $5,230 $0 $0 $0 $0 $5,230 $5,230 Total for 02-ES-004: $5,230 $0 $0 $92,400 $8,000 $105,630 $105,630 Hnmeless Assistance Gran! System Page I of I Print Date: 05/2412002 t1:19:20 AM Attachment A - Budaet Summary ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved as to Form May 23, 2002 1.0 AMENDMENT. a) WRITING REQUIRED. The Contract may only be amended through ~vritten prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of exis0ng approved activities or inclusion of new activities. b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially al~ers the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24~ 20 AUDIT REQUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee expends $300,000 or more in federal funds within the applicable fiscal year. If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report ,2,,ill be provided to the IDED. For projects where audits are not required by OMB Circular A- 133,the IDED, at its discretion, does reserve the righl to request that an audit and review be perforated at project completion. If requested, this audit and review will be at the expense of the IDED 3 0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. 40 UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closcout procedures or by other means or process that the Grantee has expended funds which are unallowable, the Granlee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, lowa Code If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. 50 PROGRAM INCOME, All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the ESGP Application for funding Program income not used to further ProJect objectives will be deducted from the total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract The final disposition of program income shall be made by IDED. 60 INTEREST EARNED. To the extent it can bc determined that interest was earned on ESGF funds, this interest shall be returned to IDED. 70 SUSPENSION. When the Grantee has failed to comply with thc Contract, award conditions or standards, IDED may, on reasonable nonce to the Grantee, suspend the Contracl and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds Suspension may continue unld tile Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which ibc Gramee could not reasonably avoid during thc period o£suspensmn provided IDED concludes that sucb costs meet thc provisions of IIUD regulations issued pursuant to OMB Circalar A-87 8 0 TERMINATION. a) FOR CAUSE. IDED may tcrminalc tile Contract m whole, or in part, whenever IDED determines that thc Grantee has failed to comply with the terms and conddions of thc Contract Contract Number: 02-ES-004 Page 12 of 14 b) FOR CONVENIENCE. IDEDand the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDlNG. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share ofnoncancellable obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. b) RIGIITS IN PRODUCTS. All finished and unfinished documents, data, repons or other material prepared by the Grantee under the Contract shall, at IDED option, become the property of IDED. c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds ~vflhin one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the DeparUnent, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and etnployees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or supplying xvork, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the perfom~ance of this Contract. 12.0 CONFLICT OF INTEREST. a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted acnvities or who are m a position to participate in a decision making process or gain inside information with regard to such acttvitJes, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agTeement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which are receiving ESGP funds c) CONFLICTS OF INTEREST. Chapter 68B, Code oflowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED, SUSPENDED~ OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of thc Department of Labor 14.0 CIVIL RIGHTS. a) DISCRIMINATION IN EMPLOYMENT. fhe Grantee shall not discriminate against any quahfied employee or applicant for employment because of race, color, religion, sex. national origin, age, or physical or mental disability The Grantee may Take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race. color, reIigion, sex, national origin, age, or disability. Such action shall include bul may not be limited to the following: employment, upgrading, demotion or transfers; recrmtment or recruitment advertising; lay-offor termination; roles of pay or other forms of compensation; and selection for training, including an apprenticeship. The Grantee agrees to pos~ nonces setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees ESGP (;rant Format Revised May 23, 2002 Contract Number: 02-ES-004 Page 13 of 14 b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provis}ons of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order 15, Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Grantee certifies, to the best of his or her knowledge and belief, that: i, No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Cong,'ess in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee ora Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit S~andard Fo~-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction iii. The Grantee shall require that the language of this certification be included in the award documents for uti subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and lhat all subrecipients sha[I certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered mto. Submission of this certification is a prerequisite for making or entering into this transaction imposed by seclion ]352, title 31, U S. Code. Any person who fails to file thc required certification shall be subject to a civil penalty of not less than $ I(L000 and not more than $100,000 for each such failure e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.SC. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part I. No person in thc United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6[01 et seq.) or applicable provisions of the Americans with Disabilities Act (PL. 101-336, 42 U.S.C 12101-12213) with respect to an other,vise qualified individual with a disability, and as also provided in Section 504 of tbe Vocational Rehabilitation Act of 1973 (29 USC Section 794), shall also apply to any such program or activity. FAIR HOUSING. Thc Grantee shall comply with Title VIII of the Civil Rights Act of 1968 (42 USC 3601 el seqb generally known as the Fair }lousing Act, and with HUD regulations found al 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259 gl SECTION 3 COMPLIANCE. Thc Grantee shall comply with provisions for training, employment, and contracting in accordance with Section 3 ofthe Housing and Urban Development Act of1968 (12 U S C 1701u) h} NONCOMPLIANCE WITH TIlE CIVIL RIGHTS LAWS. In thc event of thc Grantee's noncompliance with Ibc nondiscrinunation clauses of this contract or with any of the aforesaid rules, regulations, o~ requests, this contract Illay bc ESGP Grant Format Revised May 23. 2002 Contract Number: 02-ES-004 Page 14 of 14 canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601 A, Code o~f lowa) or as otherwise provided by law. i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of lowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of lowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690). The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. ESGP Grant Format Revised May 23, 2002 Prepared by Andy Manhews, Asst. City Attorney, 410 E. Washington St., Iowa Cily, IA (319)356-5030 RESOLUTION NO. 02-234 RESOLUTION AUTHORIZING TItE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TE1V[PORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY STATES LL.C., AND MIKE AND MARTY ENT. d/b/a QUINTON'S BAR AND DELI, FOR A SIDEWALK CAFI~, WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and V~vlEREAS, Landowner Hawkeye-Bay States L.L.C. and Mike and Marry Ent. d/b/a/ Quinton's Bar and Deli, applied for temporary use of the public right-of-way at 215 E. Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 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 City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 2 day of July, 2002. - "~A¥OR ATTEST: // ,c/ rz..-? 2~- Approved by: (~IT~LERK '~ ~- City Attorney's Office Res-Quinton's Sidewalk Caf~ 6-10-02 Resolution No. 02-234 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O~Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-235 RESOLUTION ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT- STP-U-3715(618)--70-52. WHEREAS, the Engineering Division has recommended that the work for construction of the Mormon Trek Boulevard Improvement - Melrose Avenue to Iowa Interstate Railroad Bridge Project - STP-U-3715(618)--70-52, as included in a contract between the City of Iowa City and Streb Construction Company, Inc. of Iowa City, Iowa, dated April 17, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa· Passed and approved this 2 day of July ,20 02 Approved by ClTY'~-LERK C'ity Attorney's Office It was moved by Champi on and seconded by 0' Donnel l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~- Wilburn 6/02 June 26, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Mormon Trek Boulevard Improvement - Melrose Avenue to the Iowa Interstate Railroad Bridge Project STP-U-3715(618)--70-52 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Mormon Trek Boulevard Improvement - Melrose Avenue to the Iowa Interstate Railroad Bridge Project has been completed by Streb Construction Company, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Iowa City, Iowa. The final contract price is $2,961,767.19. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREE'I · IOWA CI]¥, IOWA 52240-1826 · (319) 356-5000 · FAX 1319) 356-5009 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00005) RESOLUTION NO. RESOLUTION APPROVING AMENDED PRELIMINARY AND FINAL PLAT OF WILD PRAIRIE ESTATES, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises, filed with the City Clerk the amended preliminary and final plat of Wild Prairie Estates, Part 4, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lot "A" of Wild Prairie Estates, Part Three, to Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 41, at Page 282 of the Records of the Johnson County Recorder's Office. Said Lot "A" contains 35.86 acres, more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the ownedsubdivider. Resolution No. Page 2 Passed and approved this day of ,20 MAYOR Approved by ATTEST: CITY CLERK City Attorney'~ Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadmin\res~wildpraide2.doc City of Iowa City MEMORANDUM Date: May 31, 2002 To: Planning and Zoning Commission From: Robert Miklo Re: SUB02-00005 Amended Preliminary Plat and Final Plat of Wild Prairie Estates Part 4 The applicant has amended the final plat to include an additional lot - Lot 93. This additional lot is possible because the Quest utility easement previously dedicated on the plat for Wild Prairie Estates has been reduced in size. This allows sufficient buildable area to add Lot 93. Because Lot 93 did not appear on the previously approved pretiminary plat, a revised preliminary plat has been submitted with the new lot shown. Both the preliminary and final plat are in general conformance with the City's subdivision regulations. The City Attorney's office is currently reviewing the legal papers and the Public Works office is currently reviewing the construction documents. Both of these sets of documents must be approved prior to Council consideration of the final plat. Staff recommends approval of the amended preliminary plat and the final plat of Wild Prairie Estates Part 4 subject to staff approval of legal papers and construction documents prior to City Council consideration of the final plat. 1. Revised preliminary plat 2. Revised final plat 3. Previous design prior to addition of lot 93 jw/rne m/b m-wild pr 8irie doc =_ Preliminary Plat Wild Prairie Est.a[es, Part. Four ~_ Iowa City, Iowa + Final Plat Wild Prairie Es[ales, Par[ Four "A Resubdivision of Lot "A", Wild Prairie Estates, Part Three" Iowa City, Iowa __ iI .........__ _-- ~---~- -~----- ............. LOT 'A' city os ~o,~ city STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUB02-00005 Date: May16, 2002 Wild Prairie Estates Part 4 GENERAL INFORMATION: Applicant: Kennedy-Hilgenberg Enterprises 1811 Dubuque Road Iowa City, IA 52240 Phone: 338-2192 Contact Person: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Final plat approval Purpcse: To create a 24-1ot single family residential subdivision. Location: North of Goldenrod Drive, west of Duck Creek Drive Size: 35.86 acres Existing Land Use and Zoning: Vacant; RS-5 Surrounding Land Use and Zoning: North: Vacant; ID-RS South: Residential; RS-5 School; Public East: Residential; RS-5 West: Residential; RS-5 Comprehensive Plan: Residential, 2-8 dwellings / acre File Date: May 3, 2002 45-Day Limitation Period: June 17, 2002 60-Day Limitation Period: July 2, 2002 BACKGROUND INFORMATION: The preliminary plat of Wild Prairie Estates was approved in November 2001. The applicant, Kennedy-Hilgenberg Enterprises, is now requesting approval of the final plat, which includes 24- lots and one outlot for future development on a total of 35.86 acres. 2 ANALYSIS: The final plat in general conformance with the approved preliminary plat and the City's subdivision regulations. Legal papers and construction drawings have been submitted and are being reviewed by the City Attorney's Office and the Public Works Depadment. These documents must be approved prior to City Councils consideration of the final plat. Conditional Zoning Agreement: When this property was annexed and rezoned, it was done subject to four conditions. Three of the conditions had to do with the timing of the development of the property with respect to planned improvements to Rohret Road and the westside trunk sewer (both of these projects have been completed). The fourth condition required that all infrastructure costs associated with the development be paid by the developer, including those "out-of-sequence costs usually reimbursed by the City." As per this agreement, the City is not responsible for the over-width paving costs of Wild Prairie Drive or Duck Creek Drive, collector streets, or any over-sized utilities within the development. This should be noted in the legal papers. Water / sewer extension fees: A water main extension fee of $395 per acre will be required for this development. A sanitary sewer tap-on fee at a rate of approximately $700 per acre will also be required. These should be noted in the legal papers. STAFF RECOMMENDATION: Staff recommends that the final plat of Wild Prairie Estates Part 4, a 35.86 acre, 24-1ot single family residential subdivision located north of Goldenrod Drive and west of Duck Creek Drive, be approved. ATTACHMENTS: 1. Location map 2. Final plat Karin Franklin, Direc~r, Department of Planr~ing and Community Development P DUCK ~R~NG SCHOOL PDH CITY OF IOWA CITY TE LIMIT~ SITE LOCATION: north end of Wild Prairie Dr. & Goldenrod Dr. SUB02-00005 [ ~,C) Final Plat FI1 ........ Wil.d, Prairie Estates, Part Four Resubdivision of Lot 'A", Wild Prairie Estates, Part 'three" ~p,R.[L~.2a Iowa City, Iowa ~ ~=~ m~l ........................... ~ /g' RESER~D FOR ~RE DE~LOPMENT ) ~ ~ , ~ ~ ...... ~ ................ ~-~-~ ...... ~~~-~ ......... ~ , r, -~'-sz--~'aa~'~ ~ - , , --= . ..... ,~ _~ ~ .... , ~ ,,~,~ ~ .~ Y,-- _~_~___ 1~:~ LEFF FlaLIPEI~T TRI:~ ~JII-I..I'P~ 319 338 6982 P.B2/~".~*'/ *"'~,~* ~- ~ IOWA, Cl~, IOWA July 1, 2002 :i (via g~f~xe 3D(-S008) ~. Mirth Be~ Assists% City Atto~ Civic Center ~owa City, IA 52240 Dear ~. B~: ~ behalf of our cli~ts, Ke~e~-Hilge~r9 ~te~rises, Inc,, ~he s~ivider ~d ~eloper of ~he ~0~ ~division, I her~ re.est ~ indefinite deferral in refer~ce to the f~al of ~e s~ivision doc~ts ~ the City Co--oil of I~a City. P~:jc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, Ia 52240 319-356-5247 (SUB02-00007) RESOLUTION NO. 02-236 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Edith Lacina, c/o Anne Webber, filed with the City Clerk the final plat of Lacina Meadows, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: ~EGINH~G AT 1Hi SOUIIi[AST COP, tl~ ~ SEClloN 29, TO~iP 79 NO~TH, RANG~ 6 MiST OF ~ FIFTH PRINO, PAL UERIDIAN, JOl'~SOfl COUNTY, IOWA; THENCE S89'39'29"W, ALONG THE SOUIH I.DME OF THE SOUll-IEAST OF SAID !~CTION 29;, II*IBIC[ NOU18'50"£ AL~G II'IE ~[ST UNE OF SND SOU'IHD~T ~ARER 1319.89 ~ TO THE ~ORIH~$T SOU*II.I~ST QUARTER 0[* THE !;OJTHE,~T QUARIER OF ~lD SECI1ON 29; THENCE N89'54'~'E:, ALONG THE NORTH UHE OF 11-1[ SOUTH I-PI.F CF THE NORll~EAST CORNER OF THE SOU1HEAST OUARTER OF 11-E SOUIHEAST SOUTHEAST ~ARI-t.R OF S~D SEO11ON 29, A DISTANCE Of' 1,lOlL22 FEET, TO SMD POINT OF 6E(I~NIN0. SNO 1RACT OF LiND CONTNNS 79.9i, ACRES, SUR,JECT TO F_.ASEIdENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (19@9) and all other state and local requirements. NOW, THEREFORE, BE iT RESOLVE[:) BY TIlE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: 1. The said final pJat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to Resolution No. 132-736 Page 2 said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approvedSEAL this 2 day of~1~""~¢~ ~/-'L/'/'' 20)-~,~~. --~-~--------. · ~ Approved~~--~ e~,/~ s.~/~_- CITY'CLERK City Atto/rney's Office It was moved by Vanderhoef and seconded by 0'Donne] '[ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB02-00007 Lacina Meadows Date: June 6, 2002 Phase One, Final Plat GENERAL INFORMATION: Applicant: Jerry and Clarine Halverson 2100 Northgate Drive Coralville, IA 52241 Property Owner: Edith Lacina C/o Anne Webber 1275 16th Street West Des Moines, IA 50265 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Requested Action: Final Plat approval Purpose: To create a 23-Lot residential subdivision Location: West of Dane Road, north of Osage Street, east of Naples Avenue Size: 79.94 acres Existing Land Use and Zoning: The property contains one house with outbuildings, the remainder is vacant; Suburban Residential, RS Surrounding Land Use and Zoning: North: Vacant; County RS South: Vacant; County RS and A1 East: Residential; County RS West: Vacant; County RS Comprehensive Plan: Fringe Area C: For land outside of Iowa City's growth area which is zoned for non-farm development, development may occur in accordance with the Johnson County Zoning Ordinance and City Rural Design Standards File Date: May 23, 2002 45 Day Limitation Period: July 7, 2002 60 Day Limitation Period: July 22, 2002 2 BACKGROUND INFORMATION: The applicant, Jerry and Clarine Halverson, are requesting a final plat of Lacina Meadows Phase One, an 79.94 acre, 23-Lot residential subdivision on the west side of Dane Road, north of Osage Street, and east of Naples Avenue. The property is zoned Suburban Residential, RS, and is located in Fringe Area C outside of the City's growth boundary. The preliminary plat was recently approved by the Iowa City City Council. ANALYSIS: Compliance with Fringe Area Agreement: This properly is in Fringe Area C, outside of the City's growth area. The Fringe Area Agreement between Johnson County and Iowa City states that: In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The final plat is in conformance with the Fringe Area Agreement between Johnson County and Iowa City. The final plat is not in conformance with the Johnson County Zoning Ordinance, as described below. Conformance to Preliminary Plat and Johnson County Zoning Ordinance: The plat design for Lacina Meadows Part One is in general conformance with the design of the preliminary plat. Lacina Drive is proposed to extend between Dane Road and Naples Avenue, providing access to 17 lots. Four lots would have access off of Osage Street, and Lots 22 and 23 are proposed to have access to Naples Avenue via a shared drive. STAFF RECOMMENDATION: Staff recommends that SUB02-00007, a extraterritorial final plat of Lacina Meadows, be deferred, pending resolution of the deficiencies below. Upon resolution of these deficiencies, staff recommends SUB02-00007, an extraterritorial final plat of Lacina Meadows, a 79.94 acre, 23-1ot residential subdivision located west of Dane Road and north of Osage Street, be approved, subject to approval of legal papers and construction plans prior to City Council consideration. DEFICIENCIES AND DISCREPANCIES: 1. The lot numbering needs to be clarified - three lot 8's are listed 2. The spelling of the property owners name needs to be clarified - it is spelled differently on the preliminary plat ATTACHMENTS: 1. Location map 2. Final plat Approved by: //g'~,,l~,~A~" ' //~4.Z~_ Robert Miklo, S~nior Planner, Department of Planning and Community Development RFBH P $]~'1~F-, I,OCA'I~[ON: S 1/2 SE 1/4 Sec. 29-79-6, West Lucas Twp. SUB02-0000? POSt.l~ Fax N~e 7671 ~,te...~ ,., · · ~'~I #a~ ~, ~ ~o,~ .r~,~'~ ~r'-* ~. ,-~,/>~ Final Plat ~ [ To gohnson County, Iowa Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00026) RESOLUTION NO. 02-237 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA, WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Highlander Development, Third Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, Said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A resubdivision of Lots 8, 9, 10, 11, 12, 13, and 14 of Highlander Development First Addition to Iowa City, Iowa, as said lots are shown on the final plat recorded in Plat Book 25, Page 52 at the Johnson County Recorder's Office and more particularly described as follows: Beginning at the Southwest corner of Lot 8 of said Highlander Development First Addition; thence North 3°41'26'' West 306.19 feet along the West line of said Lot 8 (assumed bearing for this description only) to the Nodhwest corner of said Lot 8; thence North 60°39'03'' West 757.70 feet along the Northerly line of Lot 7, Lot 6, Lot 5 and Lot 4 of said Highlander Development First Addition to the Northerly corner of said Lot 4; thence North 89°26'00" East 1321.88 feet along a Nodherly line of said Highlander Development First Addition to a point of intersection with the East line of the Northwest quarter of the Southeast Quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.; thence South 0°12'00'' West 1157.57 feet along said East line and along the East line of the Southwest Quarter of said Southeast Quarter to a point of intersection with the Northerly right-of- way line of Interstate Highway Number 80; thence Northwesterly 690.72 feet along the said Northerly right-of-way line and along the arc of a 6435.61 foot radius curve concave Southwesterly (chord bearing North 84°26'21" West 690.39 feet) to a point of tangency; thence North 87030'49'' West 158.84 feet along said Northerly right-of-way line to a point 140 feet in perpendicular distance Northerly from the centerline of said highway, said point also being the Southeast corner of Lot 15 of said Highlander Development First Addition; thence North 2°19'26'' East 387.29 feet along the East line of said Lot 15 to a point of intersection with the Southerly right-of-way line of Northgate Drive (formerly Highlander Drive), said point also being the Northeast corner of Lot 15 of Highlander Development First Addition; thence Southeasterly 119.30 feet along said Southerly right-of-way line and along the arc of a 1775.00 foot radius curve concave Northeasterly (chord bearing South 89°57'13'' East 119.28 feet); thence North 3°41 '26" West 50.00 feet to the point of beginning and containing an area of 21.87 acres more or less. WHEREAS, the Department of Planning and Communit Development and the Public Works Department examined the proposed preliminary and final ~lat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and Resolution No. 02-237 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to cedify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 2 day of ~]u ] y .... ,20 02 Ap prov..~.~.~by /; . CITY'CLERK ' ' (/City Atto. o.~ ey ,~-~f~? C,-,¢:7~, ~2% It was moved by Vanden'hoer and seconded by 0'Donne]'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn City of Iowa City MEMORANDUM Date: February 14, 2002 (for Feb 21 Planning and Zoning Commission meeting) To: Planning and Zoning Commission From:. John Yapp, Associate Planner Re: Highlander Development Third Addition At the December 20, 2001 Planning and Zoning Commission meeting, the preliminary and final plat of Highlander Third Addition (a resubdivision of Highlander Development First Addition Lots 8-14), was deferred indefinitely at the request of the applicant. The deferral was to allow time for the applicant's engineer to investigate a potential wetland on the property that appeared on the Sensitive Areas Inventory Map, and to resolve other plat deficiencies. A wetland delineation of the Highlander Third Addition property was completed by Flenker Land Architecture Consultants. The delineation found that while wetland conditions exist on the site, regulated wetlands do not exist primarily because the wetland conditions are a result of man-made sewage lagoons. The Army Corps of Engineers has concurred with this conclusion. Because regulated wetlands do not exist on the property, a Sensitive Areas Rezoning is not required. A Sensitive Areas Site Plan is still required due to the stream corridor on the property. Staff finds that the other plat deficiencies have been resolved. STAFF RECOMMENDATION: Staff recommends that SUB01-00026, a preliminary plat and Sensitive Areas Site Plan, and a final plat of Highlander Third Addition, A Resubdivision of Highlander First Addition Lots 8-14, a 21.87 acre, 7-Lot subdivision located at the eastern terminus of Northgate Drive, be approved, subject to legal papers and construction plans being approved prior to Council consideration, and to the old Nodhgate Drive right-of-way being vacated. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Location map 2. Preliminary and final plats STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Assoc. Planner Item: SUB01-00026 Date: December 6, 2001 Northgate Corporate Park Resubdivision Lots 8-14 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Blvd. Iowa City, IA 52246 Applicant's Engineer: Shive Hattery Inc. 2834 Northgate Drive Iowa City, IA 52245 Phone: 337-4195 Contact Person: Glenn Siders, Southgate Development Phone: 337-4195 Requested Action: Preliminary and final plat approval Purpose: To permit the resubdivision of Lots 8414 of Highlander First Addition Location: The eastern terminus of Northgate Drive Size: 21.87 acres Existing Land Use and Zoning: Undeveloped, Research Development Park Surrounding Land Use and Zoning: North: Undeveloped; ID-RDP South: Interstate-80 East: Undeveloped; ID-RDP West: Commercial; CO-1 and CH-1 Comprehensive Plan: Office Research Development Park File Date: November 28, 2001 45 Day Limitation Period: January 12, 2002 SPECIAL INFORMATION: Public Utilities: Public utilities are available to serve the site. Public Services: Police and fire protection will be provided by the City. Private refuse collection is required for commercial and/or office tenants. 2 Transportation: Access to the site is via Northgate Drive. The nearest transit route is the North Dodge route, which stops at the NCS facility on the west side of Highway 1. Sensitive Areas Ordinance: The Sensitive Areas Map identifies a stream corridor and potential wetland on the property. BACKGROUND INFORMATION: The final plat of Highlander First Addition was approved in 1984. The plat included Northgate Drive abutting the north property line for a future extension, but did not include any street abutting the east property line. The resubdivision proposes a street (Northtowne Parkway) to abut the east property line to allow for access to the east from Northgate Drive. ANALYSIS: The proposed plat is generally consistent with the existing plat of Highlander First Addition; the main difference is a new street is proposed extending to the east property line. However, some City codes have changed since 1984 that will affect the design of the subdivision, primarily the Sensitive Areas Ordinance. Sensitive Areas Ordinance: The Sensitive Areas Inventory Map identifies a stream corridor and potential wetlands on the property. The stream corridor and required buffers need to be identified on the plat. The potential wetland triggers the requirement for a wetlands determination to be performed - if wetlands are identified on the property the required buffers around the wetlands will need to be shown and a Sensitive Areas Rezoning will be required. A Sensitive Areas Site Plan is required due to the stream corridor, regardless of whether wetlands are present on the site. A grading and erosion control plan is also required. Street extending to the property line: The plat includes Outlot B, which is meant to provide for future right-of-way for the extension of Nodhtowne Parkway to the east property line. Typically the City requires paving to be extended to the property boundaries to avoid gaps in the street network which the City could be responsible for constructing. In this case, the stream corridor at the east property line creates a situation where a culvert and some detention area may be needed partially on this property, partially on the property to the east. The applicant has notified City staff that they are negotiating to purchase the property to the east, which would allow for the road to be extended and the culvert to be constructed on property under one ownership. In the meantime, the applicant will provide escrow funds for the construction of the road to the City to protect the City from being responsible for the cost of the road. The amount of these escrow funds will be delineated in the legal papers for the subdivision. Staff recommends that instead of Outlot B being shown to provide for 'future right-of-way' the right-of-way for the road and the road alignment should be delineated on the plat. The section to be constructed in the future should be highlighted, with a note that escrow funds are being provided for that segment of road to be constructed when the road is extended to the east. Sidewalks: The requirement for a sidewalk on both sides of Northgate Drive was waived when this property was first zoned to RDP. In lieu of sidewalks on both sides of the street, a sidewalk / trail is provided on the south side of Northgate Drive within a 70-foot wide landscape, utility, 3 and trail/sidewalk easement outside of the street right-of-way. According to the plat, this sidewalk and landscape easement is proposed to continue on the north side of the street extending to the east. Storm water management: Stormwater management will be provided in the existing basin, identified as Outlot A on the plat. The plat states that the easement for the basin is being reshaped and defined in connection with this plat. Tap on fees: Water main extension fees of $395 per acre will be required. Old Northgate Drive right-of-way: The north leg of Northgate Drive is proposed to be shifted to the east as part of this plat. Because it is public right-of-way, the old alignment of Northgate Drive, and the associated easements, will need to be vacated before this plat can be approved by the City Council. Staff has informed the applicant that a vacation plat for the vacation of Northgate Drive and easements will need to be prepared. STAFF RECOMMENDATION: Staff recommends that SUB01-00026, a preliminary and final plat of a Resubdivision of Highlander First Addition, Lots 8-14, be deferred pending the resolution of the deficiencies and discrepancies below. Upon resolution of the deficiencies and discrepancies, staff recommends that SUB01-00026, a preliminary and final plat of a Resubdivision of Highlander First Addition, Lots 8-14, located at the east terminus of Northgate Drive, be approved, subject to legal papers and construction plans being approved by staff prior to City Council consideration, and subject to the old Northgate Drive being vacated. DEFICIENCIES AND DISCREPANCIES: 1. Sensitive Areas features need to be identified on the plat, and a sensitive areas site plan needs to be generated. If wetlands are on the property, a sensitive areas rezoning will need to be initiated. 2. The right-of-way for Northtowne Parkway extending to the east property line should be shown, and the road alignment should be shown. The segment of road not being constructed can be highlighted with a note that states escrow funds are being provided for that segment of read to be constructed when the road is extended to the east. The legal papers will need to address this as well. 3. A grading and erosion control plan is required. 4. A cross section of the proposed trail needs to be shown. 5. Other technical deficiencies to be identified. The revised plats were received Nov. 29, and the revised plats are under review by City staff. Approved by: ~/,,~.,~,,~r Robert Miklo, Senior Planner, Department of Planning and Community Development U:~yapp\subdivisions\noAhgate.doc Highland Development Third Addition SOUTHGATE DEVELOPMENT v M¢~ IL, BI~I.¢~ IL, Ch~g~ IL IOWA Cl~, IOWA Highland Development Third Addition SOUTHGATE DEVELOPMENT IOWA CITY, IOWA · ' Hiii i[iii ": .... jlHi ~::t:.iliii. .~i,tt , - 1[ 12 :,, i~-,, l~ L -I =~ ~ i { FINAL PLAT ~ Highlander Development Third Addition Prepared by: Klm Shere, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5437 RESOLUTION NO. 02-238 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Mormon Trek Boulevard Extension Project ("Project") which includes the pavement extension of Mormon Trek Boulevard from Highway 1 to Highway 921; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Earth Tech, has determined the location of the proposed Project; and WHEREAS, the City has negotiated an agreement pursuant to which Graham Land Acquisition Associates Inc. wilt conduct property acquisition on behalf of the City for the Project; and WHEREAS, City staff, through Graham Land Acquisition Associates, Inc., 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. It is the City's intent to proceed with the Mormon Trek Boulevard Extension Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Mormon Trek Boulevard Extension Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights, including property rights for the connection of the currently existing Dane Road to the extension of Mormon Trek Blvd as depicted as "Option B" on the design plans placed on file with the City Clerk, is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, acting through Graham Land Acquisition Associates, Inc. in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the 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. Resolution No. 02-238 Page 2 4. The City Manager, or designee, acting through Graham Land Acquisition Associates, Inc., is hereby authorized and directed to negotiate the purchase of property dghts 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. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. 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 2 day of gu],y ,20 02 CITY~ERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner x Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng\res\mormontrkext, doc 9/99 ~, Prepared by: Kim Shera, Sr. Civil Engineer, 410 E. Washington St., Iowa IA 52240 319-356-5437  RESOLUTION NO. DECLARING THE CITY'S PROCEED WITH AND THE ACQUISITION OF RIGHTS FOR THE BOULEVARD EXTEN~ WHEREAS, ~-e of public hearing on the City's to proceed with a public improvement project and to ~ire property rights for the project was given as required by law, and the hearir and WHEREAS, the City Iowa City desires the Mormon Trek Boulevard Extension Project ("Project") the extension of Mormon Trek Boulevard from Highway 1 WHEREAS, the City Council that construction of the Project is a valid public purpose under State and and has further determined that acquisition of certain property rights is necessary for th~ posed project; and WHEREAS, the City's Consultar Tech, has determined the location of the proposed Project; and WHEREAS, the City has an pursuant to which Graham Land Acquisition Associates Inc. will conduct n behalf of the City for the Project; and WHEREAS, City ~h Graham Land Ac( Inc., should be authorized to acquire necessary prope~ hts at the best overall City. NOW, THEREFORE -' IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the Cil proceed with the Extension Project. 2. The City ( ~ncil finds that it is in the public interest re property rights necessary for the of the Mormon Trek Boulevard Project ("Project"), which Project a public improvement under Iowa law. ;ity Council further finds of said property rights is necessary to of the Project, and tha such Project constitutes a valid public purpose law. 3. The t Manager or designee, acting through Graham Land Associates, Inc. in ~sultation with the City Attorney's office, is authorized and establish, on f of the City, an amount the City believes to be just compensation ~ to be Jired, and to make an offer to pu[chase the property for the value. Resolution No. Page 2 4. The City Manager, or designee, acting through Graham Land Acquisition Associates, Inc., is hereby authorized and directed to negotiate the purchase of property rights construction, operation and maintenance of the Project. The City Manager ~nee is authorized to sign purchase agreements for the purchase of property an and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City hereby authorized, upon direction of the City Attorney, to execute and attest necessary to '"'eg,.ectuate the purchase of said property rights. The City/,~ is hereby directed to tak~ necessary action to complete said transactions,~ re by law. 6. In the b~.ent the necessary property rights for ~e Project cannot be acquired by negotiation'k,the City Attorney is hereby author and directed to initiate condemnation proceedings'f~r acquisition of any and all prope ]hts necessary to fulfill the functions of the Project, as"l~ided by law. / Passed and approved this ~ day ,20 . /' ~ Approved by DEPUTY CITY CLERK Cit~,~tt'or-ne~'s ~ffice It was moved by and the Resolution be adopted, and upon roll call l were: AYES: NAYS: ABSEI / ~ion O'Donnell ~ Pfab ~ Vanderhoef ~ ~ Wilburn ~,~ pweng\res\ orrnontrkext.doc 9/99 NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT TO: Harold John Jr. & Allegra Dane, 4082 Dane Road SE, Iowa City, IA 52240; James & Ruth Dane, 4507 Dane Road SW, Iowa City, IA 52240; James R. Davis, 4097 Kitty Lee Road, Iowa City, IA 52246; Robert A. Davis, 4059 Kitty Lec Road SW, Iowa City, IA 52240; Jan Ellen Smith, 690 North Star Court, Boulder, CO 80304; George Dane, 715 Benton Court, Iowa City, IA 52246; Francis & Janet Driscoll, 4120 Dane Road SE, Iowa City, IA 52240; Tom H. & Karen Williams, 4146 Dane Road SE, Iowa City, IA 52240; Jebb L.L.C., 3732 Hummingbird Lane, Iowa City, IA 52240 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Mormon Trek Boulevard Extension Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves the pavement extension of Mormon Trek Boulevard from Highway 1 to Highway 921. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If thc above-described project is approved by the City Council, the City may need to acquire property rights for thc project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if 2 necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 2nd day of July, 2002 in the Emma J. Harvat Hall, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property fights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Mormon Trek Boulevard Extension Project please contact the following person: Ross Spitz, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240, (319) 356-5149 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. s/Marian K. Kart, City Clerk City of Iowa City MEMORANDUM Date: June 25, 2002 To: City Council From: Ross Spitz, Civil Engineer Re: Mormon Trek Blvd. Extension Project; Dane Road relocation options At the May 21 City Council meeting the resolution to acquire properly rights for the Mormon Trek Blvd. extension project was continued to July 2, to allow the evaluation of options for the relocation of Dane Road. You will recall that staff recommended Alignment B shown on the attached figure for the relocation of Dane Road. At your hearing George Dane appeared and advocated for Alignment A shown on the attached figure. You asked for additional study of these two alignments in your deferral of the agenda item. Since the meeting George Dane has also offered Alignment C shown on the attached figure, and it has been evaluated as well. The following table contains a summary of the three alternatives. Option Length Maximum Required excavation Estimated (feet) Grade (cubic yards) cost A 922 8.6% 12,500 $96,260 B 660 3.2% 6,000 $54,200 C 900 5.5% 10,400 $85,750 Sight distance was also raised as an issue at your meeting on May 21. Sight distance for all three alternatives was evaluated at the intersections with Mormon Trek Blvd. extended and the intersections with Dane Road. Options B and C have adequate site distance at both intersections. Option A has limited sight distance for the left turning movement onto Mormon Trek Blvd. extended. The cost of acquiring right-of-way is not included in the above "estimated costs" column. It can be expected that a longer alignment option will require more property to be purchased and be more expensive. The majority of the property for the three options will be acquired from property owner Jim Davis. Right-of-way for Alignment A would also need to be purchased from John Dane. Mr. Davis has stated to us that he prefers Option B, is ambivalent about Option A, and is very opposed to Option C. An important consideration in your decision is the Environmental Assessment which has been conducted for the project. This Environmental Assessment is currently under review by Iowa DOT and FHWA. The Environmental Assessment includes analysis of the Option B alignment recommended by City staff. Alignment Options A and C are not included in the Environmental Assessment document and are outside of the original project corridor that was included in the Phase 1 archeological investigation. Completing additional archeological investigation, as well as subsequent review by the State Historic Preservation office, Iowa DOT, and FHWA for Options A and C could potentially delay the project letting by 6 to 10 weeks. This would move the letting date for the project from June 25, 2002 Page 2 March 2003 to May or June 2003. Our experience on past projects has determined that delaying a bid letting until late spring may cause bids to come in 5 to 10 percent higher than if we are able take advantage of the better bidding climate that early spring offers. To summarize, Option B will cost the City the least to construct, requires acquisition of the least amount of right-of-way, has the flattest grade, is the preferred option of the adjacent property owner, and is already included in the Environmental Assessment document. For these reasons I continue to recommend Option B as the preferred alignment. However, if you wish to direct us to relocate Dane Road according to Option A or Option C, either alignment can be constructed according to the City's design standards. Sight distance is limited for Option A at the Mormon Trek Boulevard intersection. Please let us know at the June 2nd City Council meeting how you would like us to proceed. I will be on vacation, but Jeff Davidson will be present to answer any questions. cc: City Manager Director of Public Works City Engineer Assistant Director of Planning and Community Development Jccogtp~memos\rs pitz doc t"~oizow~ ~)' S4ni~M7 Easement NOTES FOR July 2, 2002 George R. Dane 6-26~02 Before you this evening are 2 decisions which affect the Dane family homes and the farm. One is the route for the Mormon Trek extension from Hwy 1 to Riverside Drive. The other is how to connect the Dane homes and farm to the extension. These are the latest in a series of decisions extending back over several years. First was the Airport Commission's decision to extend runway 6-24. -- ~ This will cutoffthe north end of the farm and cause Dane Road to be c[D~xt~ '}~.._ The land has been taken. ~ - ~ :::z Pending is the construction. ( ~ -'- eo Waiting on funding and scheduling. -~' ~ -~ One of the consequences is a chain link fence will split the hill and pastt~ ~rth .c27 of the John Dane home ~ -- Next was the decision to extend Mormon Trek from Hwy 1 to Riverside Drive. The original proposal (N-1) would have placed the extension across the top of a hill within 100 feet of the George Dane home and buildings in the south field. This east-west route would have created deep cuts on both sides of Dane Road and split the south field. Two alternates were added.. One (N-1 A) about halfway down the south hill. The other (N-1 B) near the bottom of the hill and adjacent to the existing county easement road. In my letter of April 22, 2001, we made 3 proposals: 1~ If the lower (south) alternate (N-1 B) is selected and the field not divided, we will donate a strip up to 100 feet wide for the right-of-way. 2. We set out the conditions for agreeing to voluntary annexation. 3. If the City agrees to preserve part of the south field as a park, the George Dane families will donate, at a later date, their remainder of the south field for park purposes. The selection of Alternate N-1 B for the extension is before you this evening. If approved, we are prepared to fulfill our commitment to make the right-of-way donation. There has been no discussion yet on the annexation and park matters. Now comes the decision on how to connect the Dane family homes and farm to the Mormon Trek extension. The Dane Families need a new route to Hwy 1 for themselves and the farm traffic. Our present connection to Highway 1 has been in use since 1852, 150 years. It has been the Dane family's route for 1~2 of that time, since 1928. The closing of Dane Road and damage caused by the loss of our traditional access, and who is responsible, has not yet been addressed. There are 4 suggested solutions. Each creates a roundabout way to a connection with Highway 1. The distance we will have to travel is over twice that for our traditional route. Each of the south options (B and B-l) has 2 - 90 degree tums. When going to Iowa City, these will cause us to mm south and uphill. Then turn again (west) along a side hill, and finally up hill again to the extension. These are obstacles to a smooth flow of traffic, will be hazardous in bad weather or darkness, and add to the response times by emergency vehicles. The north 2 options (A and Diagonal C) have more direct routes. One has no curve and the other only 1 gentle curve. Both come directly west offour existing lane. ~ The cost estimates I have seen indicate all of the options could be built for less t~'a~. $100,000. ("~ It would be easy to just take the low cost estimate. However, we hope you w~ consideration to the future, what Dane Road north of the telephone tower will.:~OI~ lik .ce? after all the development takes place, and recognize the impact this growth wil'ttgmake. A future land use map shows this area as intensive or highway commercial, and office park or airport commercial. There well could be some residential. I can picture a series of office buildings, stair stepping down the slopes, with great views into Iowa City. The point being you are not designing a road to serve just 2 rural residences. You will be selecting the route for many people who will work or live in the area, and will need to travel back and forth daily to their jobs. They will need an easy, convenient, safe, and straightforward route to travel. We hope you will do everything you can to make that new route the best possible. CONCLUSION: Option A would be the best route for us, but it has some engineering problems and would be a barrier to any joint development by Mr. Davis and my brother John Dane. Diagonal C is an acceptable substitute. Of all the other options, it is still the safest, most convenient, and straightforward route. It will well serve the people who will work or live in that area. Considering the total cost of the Mormon Trek extension, the cost effect of Diagonal C will be minimal. George R. Dane 354-3901 July 2, 2002 Remarks Prepared for the Continuation of the Mormon Trek Extended Public Hearing: On May 21 I stated that the Iowa City Municipal Airport has outlived its usefulness and should be closed. I recognize that this City Council believes the Airport does have a purpose and will not vote to close it. I now ask that the Council seriously consider maintaining the Airport with its runways in their present configuration, and not allow the 6-24 Runway to be extended. I believe that the Airport should be dow, sizing and not expanding. You have seen the City Manager's report which Indicates there are too many hangars, they are not paying their way, and they are being used for many things other than aircraft storage. The FBO is not paying enough rent to retire the debt on the hangars being used. These conditions will not get better, they will only get worse as more private pilots realize it is not worth the hassel to continue flying f~om this airport. Indeed, the future of private flying appears to lie in the residential Airpark where a landing strip is built and lots around it are sold. On each lot is built a residence with a hangar attached. The pilot has his coffee at home in the morning, then taxies out and takes off. The FAA will not provide maintainence for more than two runways, and Runway 17-35 Is destined to be closed. When this happens, Willow Creek can then be straightened and realigned to its original path. This would allow Ma~mon Trek Extended to be built predominantly on City owned property, south of reconfigured Willow Creek. There would be no need for a million dollar culvert to be constructed to allow the road to pass over the creek. The only right-of-way needed to be purchased would be through some of the Dane and Williams farmland, and NOT through the Willams' farmstead. This route for Mormon Trek Extended in not a new concept. As the attached map shows, it is labiod 'Alternative NIA' in the earthtech Location Study Report dated May 1999. At that time it was not recommended to be adopted because 'it would encroach on the Runway Protection Zone for the proposed east-west runway extension.' Streets are not expressly prohibited within the RITZ, and if there would be no runway extension, there would be no problem. NIA would serve less property because of its proximity to the Airport. The Council has to weigh the advantages of the much iowar cost of construction on almost all level land, the elimination of a million dollar culvert, avoiding the condemnation of the Williams' Farmstead, and eliminating the need to close Dane Road. Time is running out. If the Council wishes to save several million dollars in the cost of construction of Mormon Trek Extended, you must act now. Postpone this hearing again and direct your staff to evaluate the savings by eliminating the extension of Runway 6-24. If this is done, there Is no rush to build Mormon Trek Extended now. It can be put back to its original schedule to be built in 5 to 10 years. BiVn~r'Rda4 ~E, Iowa City, IA 52240 TO: CITY COUNCIL George R. Dane July 2, 2002 Prior to the Airport Commission's decision to lengthen runway 6-24, there was no problem connecting Dane Road and Hwy 1. When runway 6-24 is lengthened, the north end of Dane Road will be closed and it's access to Hwy 1 cut off. The Airport Commission planned a replacement access to go on airport land from Dane Road to a point near the intersection ofHwy 1 and Mormon Trek. When this became known, it was obvious that if Mormon Trek was extended prior to the time Dane Road had to be closed; the Airport Commission's route could be eliminated and that money saved In the meantime, Dane Road would still have access to Hwy 1. The initial proposal for the extension was across the top of the Dane Road hill and constructing an intersection at that point. Subsequently, a route further south and in the vicinity of the Tom Williams county easement road was chosen. For this route, the Dane Road intersection was to have 2 offsets, or skews, in close proximity. One was for traffic coming from the south and the other for traffic coming from the north. The north offset or skew was eliminated and replaced by the original route B, which was then adjusted 80 feet further north. This adjusted B is one of the routes before you tonight. B will have the lowest construction cost because it will use part of the existing Dane Road. However, consideration should be given to the total route to be traveled. B will cause traffic exiting onto Dane Road to make a 90 degree turn, go uphill a short distance, then turn again 90 degrees along a side hill, and once more turn uphill to intersect with Mormon Trek. These 2 90-degree turns are in close proximity and are on sloping ground. They are obstacles to a smooth flow of traffic, especially large vehicles such as school buses, grain trucks and commercial equipment. They will be hazardous in bad weather or darkness, and will add to the response times by emergency vehicles. This prompted my suggesting option A and its modification Diagonal C. Both A and C have more direct routes. One has no curves, the other only 1 gentle curve. Both are straight-line connections to the existing Dane home lane. Both go up the slopes rather than crossing a side hill. Both are similar in alignment to the original access planned by the Airport Commission The cost estimates I have seen indicate any of the options could be built for less than $100,000. It would be easy to just take the low cost estimate. But engineer's estimates are only part of the equation. At some point the ongoing costs associated with usage, safety, and distance to be traveled have to be added. Another consideration is to envision the future. "What will the area at the north end of Dane Road look like after all its development takes place, and how to allow for the impact this growth will make?" A future land use map shows this area as intensive or highway commercial, and office park or airport commercial. I can picture a series of office buildings, stair stepping down the slopes, with great views into Iowa City. You are designing a road to serve more than 2 rural residences. You are selecting the route for many people who will work or live in the area, and will need to travel back and forth daily to their jobs. They will need an easy, convenient, safe, and straightforward route to travel. We hope you will do everything you can to make that new route the best possible. CONCLUSION: Option B has 2 90-degree turns, in close proximity, and on sloping grouud. There are problems related to weather, usage by emergency vehicles, and by large vehicles such as school buses, grain trucks, and commercial equipment. Options A and C are better routes. They are safer, more convenient, and straightforward. C is preferred. It can be a collector street for the people who eventually will work, live, and travel in the area. Considering the total cost of the Mormon Trek extension, the cost effect of Diagonal C will be minimal. George R. Dane 354-3901 Having said this, may I point out there is no need for a decision tonight on a connection from Dane Road to Mormon Trek. Because: There is access now to Hwy 1. It is via the north end of Dane Road. This access will continue until runway 6-24 is extended. A new connection and its construction will not be needed until Dane Road is closed. When Dane Road will be closed is unknown. It will not happen until FAA funding is released. It will never happen if the City does not want to spend its 10% of the cost. It will never happen if the City decides the Airport is large enough. It will never happen if the Airport is closed. If and when the closing of Dane Road becomes a certainty, there will be opportunity for a decision and construction of a new connection. Funding for the runway will have to be put into the capital budget, plans drawn for the construction, and bids let. This will take time. The cost of a new connection for Dane Road to Mormon Trek is only a fraction of the total cost for the Mormon Trek extension. But the route chosen is vet important because it will determine the route many people will use for years into the future. You heard the changes that have already occurred on locating the connection. Opinions differ about this latest one. As the area develops, conditions will change. A decision on the location and construction of a new connection can wait until close to the time Dane Road will be closed. ADVERTISEMENT FOR BIDS iOWA CiTY LANDFILL FY02 CELL CONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 25th day of June, 2002, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 2nd day of July, 2002, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of a new sanitary landfill cell located at the Iowa City Landfill facility. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two ( 2 ) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: August 1,2002 Specified Completion Date: June 30, 2003 Liquidated Damages: $1000 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Howard R. Green Company, 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, Iowa 52409-9009, ph. 319/841-4000 by bona fide bidders. A $100 deposit is required for each set of plans and specifications provided to bidders or other interested persons. The deposit shall be in the form of a check, made payable to Howard R. Green Company. A refund of $50 per set will given upon return of said plans and specifications in good and usable condition within 10 days after receiving bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 02-239 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AFl'EST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FY02 CELL CONSTRUCTION PROJECT, WHEREAS, J. B. Holland Construction of Decorah, Iowa has submitted the lowest responsible bid of $1,111,705.37 for construction of the abovemamed project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to J. B. Holland Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance cedificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 2 day of July 2 20 02 MAYOR Approved by CITY'CLERK C i t y'A[t ~'~n E y'~'t::) ffi~e It was moved by Kanner and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-240 RESOLUTION APPROVING THE ACQUISITION OF PROPERTY FOR THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO "D" STREET. WHEREAS, it is in the public interest to acquire property interests necessary for construction of the above project; WHEREAS, owner Iowa State Bank & Trust Company has accepted an offer from the City to purchase approximately 48 square feet of property located at the corner of Rochester Road and First Avenue necessary for the construction of the project, for the total sum of $4,904; WHEREAS, said acquisition requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acquisition of the property from Iowa State Bank & Trust Company, as set forth above, is approved by the City Council. 2. Execution of all documentation approved by the City Attorney necessary to effectuate the purchase of the property interests pursuant to the terms as approved herein, is hereby approved. Passed and approved this 2 day of Jul y ,20 02 CI-PP~LERK Cit~'At(o~'nc~'s ~ffl~e Resolution No. 02-240 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES; NAYS: ABSENT: X Champion X Kanner X Lehman X O~Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Linda Severson, Human Services Coord., 410 E. Washington St., Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 02-241 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I-rEST THE SAME: BIG BROTHERS AND BIG SISTERS ($4'1,011); CRISIS CENTER ($40,600); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($54,256); EMERGENCY HOUSING PROJECT ($14,000); FREE MEDICAL CLINIC ($6,584); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($8,635); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,350); MAYOR'S YOUTH EMPLOYMENT ($43,483); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($10,500); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($62,856); RAPE VICTIM ADVOCACY PROGRAM ($12,200); AMERICAN RED CROSS ($5,500); AND UNITED ACTION FOR YOUTH ($41,525). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Mid-Eastern Council on Chemical Abuse; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Mid-Eastern Council on Chemical Abuse; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 2 day of ,]ul.,y..~? ,2002. Approved by CITY"C-LE RK City Attorr~ey's'Offic~Y' jccoghs\res\aid2agen doc Resolution No. 02-241 Page 2 It was moved b~/ander'hoe¢ and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Linda Severson, Human Services Coord., 410 E. Washington, Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 02-242 RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO Al-rEST THE SAME: ELDER SERVICES ($62,063); MID- EASTERN COUNCIL ON CHEMICAL ABUSE ($19,462); AND UNITED ACTION FOR YOUTH ($23,475); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elder Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Elder Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 2 day of ~]u/~ / , 2002~ ...~ '~AY-O'~ - Approved b.y ...., ~ ClTY"CL-'ERK City Attorney's Office jccoghs\res\cd bg02 doc Resolution No. 02-242 Page It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O~Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION 02-243 RESOLUTION REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A PROCEDURE FOR CALLING OF A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING PROCEDURE FOR CALLING OF A SPECIAL COUNCIL MEETING WHEREAS, City Ordinance No. 2342, codified as City Code Section 1-5-5, provides that the procedure for the calling of a special meeting shall be set by resolution, and WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for the calling of a special meeting. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Said resolution of June 15, 1965 is hereby repealed. 2. Special meetings of the City Council of the City of Iowa City, Iowa may be called by the Mayor or three (3) Council Members. 3. Notice of the calling of a special Council meeting shall be in writing and shall include the time and place of said meeting, the business to be conducted at said meeting, and the person or persons calling said meeting. 4. Notice shall be served on each Council Member at least twenty-four (24) hours prior to the time of said meeting by delivering a copy thereof to the Council Member in person or to the Council Member's place of residence as shown by the records of the City Clerk. City Clerk in consultation with the City Attorney will document service and make record of the same. 5. Provisions for the call, notice, or time of service may be waived if the entire Council shall consent in writing thereto. 6. Provisions of the method of service may be waived by the individual Council Member affected thereby. Passed and approved this 2nd day of July, 2002. Passed and approved this 2__dayof ,~Uly ,20 02 . ApC'foved by ~% ClT~LERK C~y Attorney's Office Cle~res/special meeting doc Resolution No. 02-243 Page 2 It was moved by 0'Donne]'l and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O~Donnell X Pfab X Vanderhoef X Wilburn