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
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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
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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.
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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
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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 ,
-
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=~ ~ 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