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Home My WebLink About2007-02-20 Resolution M~ ern: Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, iA 52240, (319) 356-5144 RESOLUTION NO. 07-41 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5,2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 SANITARY SEWER REPAIR 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 the5,lh day of March, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, 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 ?Od, day of _'....J'ebruary ,20 07 ~u~ MAYOR ATTEST: ~~~__) ~. ~~ CI LERK I/lZil ~- () ~~ z/rz07 / City Attorney's Office pwe~\res\sansewer.doc ..--_._-"----,-_._----~-----_._-------_._._- ----..-..'.....- '-..--.-.----. ---...-.-...--.---....,.........-........-..-...-...--'------ - . Resolution No. Page 2 07-41 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x X Bailev ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -_._~-----,-~,~-----~--_._...__....~_.._.__.__._._--~'---.--"--"-.---"'----'-- . M-\q () Prepared by: Dave Panos, Civil Engineer, 410 E Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 07-42 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS 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 5 th day of March, 2007, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City C~~ . 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 20th day of February, 2007. Q~u~ Mayor ATTEST: ~..:,~ -k' #~ City lerk Approved by: .~ d-;(Jfo 7 City Attorney's Office Resolution No. Page 2 07-47 It was moved by O'Donnell and seconded by Bailey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x x x x ____~.___.~____...__.._.______.._______N________~__ _____._________"_...'__.n_...._.___ ~t r~2: I Prepared by: Brian Boelk. Civil Engineer. 410 E. Washington st.. Iowa City. IA 52240 (319) 356-5437 RESOLUTION NO. 07-43 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION IMPROVEMENT 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 5'" day of March, 2007, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 20th day of February. 2007. ~(~J~ Mayor -- ATTEST: ~~;A4'")~' =;fi~ City erk Approved by: /b~7D~ ~(Cf (;;7 6ft Afu n s Office ___._____~_~~._m_._.._._._.,~~~."___..__ _._._.m...._~.~.._.__~__.__.__ Resolution No. Page 2 07-43 It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M+-B ~ ~ Prepared by: Susan Dulek, Ass'l. City Atty., 410 E. Washington SI., Iowa City, IA 319-356-5030 RESOLUTION NO. 07-44 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BY THE CITY OF IOWA CITY WITH WHISPERING GARDEN IHA LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT LOTS 82, 83, 94, 95, 162, 163, 159, 160 and 161, WHISPERING MEADOWS SUBDIVISION, PART TWO. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed on December 29,2005, and recorded on January 13, 2006, in Book 3982, Page 835 through 839 in the Johnson County Recorder's Office covering the following described real estate: Lots 82,83,94,95,162,163,159,160 and 161, Whispering Meadows Subdivision Part Two, Iowa City Iowa, according to the plat thereof in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, there exists a more recent mortgage in favor of Iowa Department of Economic Development, which mortgage was recorded in Book 4126, Pages 819-825 in the Johnson County Recorder's Office ("IDEO Mortgage No.2"); WHEREAS, IDEO Mortgage NO.2 is a re-recording of a prior mortgage in favor of IDEO recorded in Book 3972, Pages 439-445 in the Johnson County Recorder's Office ("IDEO Mortgage No.1"), and the purpose of the re-recording was to more specifically and correctly identify the entity executing Mortgage NO.1 and to change the acknowledgment to the proper format; WHEREAS, the owner of said real estate intends to release IDEO Mortgage No.1 should the City's mortgage be subordinated; WHEREAS, the owner of said real estate has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of IDEO Mortgage No 2; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a third, 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 Whispering Garden IHA Limited Partnership. Passed and approved this 20th day of February ,2007. ---~~----~---"---'-'---_._--_._~-_._._-'---~-~~~._~---._--,.-.,~----,-----_'__"----~_.' Resolution No Page 2 07-44 Approved by ~~ City Attorney's Office d-'J~o=t MA@-U A ---.... Resolution No. 07-44 Page 3 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -~"'--""'-'-'--~'---'---'~------'~----'---"'--'----~-.-.- -."- ~--~-_._-"----'-------- -- -..-.----...----,.."'- --------_.._~------~-----,------~----'--_.---~,._- x x x 1{ x x x Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, IA 52244-2447; 319/338-7551 Return Doc To: R. Bruce Haupert, P.O. Box 2447, Iowa City, Iowa 52244-2447 Grantor: See Page 2 Grantee: See Page 2 Leqal Desoription: Lots 82, 83, 94, 95, 162, 163, 159, 160 and 161, Whispering Meadows Subdivision Part Two Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. ************************************************************.****************************** SUBORDINATION AGREEMENT The City of Iowa City, Iowa, is the Mortgagee of a certain mortgage executed by Whispering Garden IHA Limited Partnership. The mortgage is dated December 29, 2005 and was recorded January 13, 2006, in Book 3982, at page 835, records of the Johnson County Recorder's Office. The mortgage encumbers the following described real estate situated in Johnson County, Iowa, to-wit: Lots 82, 83, 94, 95, 162, 163, 159, 160 and 161, Whispering Meadows Subdivision Part Two Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. The City of Iowa City acknowledges that there exists a more recent mortgage in favor of Iowa Department of Economic Development, which mortgage has been recorded in Book 4126, at page 819-825, records of the Johnson County Recorder's Office. It is appropriate that the City's mortgage be subordinate and secondary to said IDED mortgage described immediately above. The City of Iowa City hereby agrees that its mortgage, as described above, is hereby subordinate and inferior to the mortgage in favor of Iowa Department of Economic Development recorded in Book 4126, at pages 819-825, Records of the Johnson County Recorder's Office, and that the City's mortgage shall remain secondary and inferior to said mortgage lien in favor of the Iowa Department of Economic Development so long as said mortgage in favor of the Iowa Department of Economic Development remains of record. This Subordination Agreement relates to the real estate described above. DATED this----2!llh day of February , 2007. CITY OF IOWA CITY, IOWA ~ uJL--- MAYOR By: SUBORDINATING MORTGAGEE ATTEST: ?Jr" CIT~ II. ~~ mah/RBH/WhisperingGarden/WhispGarden 0207 Ie Subordination Agree 2 _ ___,___.________.__._,.._.___~.,_.,_.__."__,,..~w_.._____"_~_"'___.._._~_._"___'"___"_.._._,.__~______..,,_"'____--------" CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of _f-'lLb,<,"'-AY'..,Ja: ,2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personatly appeared Ross Wilburn and Marian K. Karr, to me personally known, and who, being by me duly sworn, 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; and that Ross Willburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. t SONORAE FORT o '\. Commission Number 159791 . . My Commission res f) s~ b~ Notary Public in and for the State of Iowa . ~i' , ,,'.-t,":'1 , t [:iJ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-45 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MEMORANDUM OF DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT 861, 901,923,945,1001,1015,1037, and 1053 CROSS PARK AVENUE (VILLA GARDEN APARTMENTS), IOWA CITY, IOWA. WHEREAS, on February 10, 1992, the owner executed a Memorandum of Development Agreement with the City of Iowa City; and ' WHEREAS, the terms have been satisfied; 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 861,901,923,945, 1001, 1015, 1037, and 1053 Cross Park Avenue, Iowa City, Iowa from a Memorandum of Development Agreement recorded February 10, 1992, Book 1326, Page145 through Page 148, of the Johnson County Recorder's Office. Passed and approved this 20th day of Februarv ,20..!l1-. ~LJ:QQ~ MAYOR - ATTEST: ~.....:.~#. ~j CITY LERK A~~_ .~ ~-Iq-o+ City Attorney's Office It was moved by O'Donnell and seconded by Resolution be adopted, and upon roll call there were: Bldlev the AYES: NAYS: ABSENT: x X X x X X x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa C~y, lA, 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Iowa City Iowa Housing Association Limited Partnership Mortgagee: C~ of Iowa C~ RELEASE OF LIEN The City of Iowa City does hereby release the property located at 861, 901, 923, 945, 1001, 1015,1037, and 1053 Cross Park Avenue, Iowa and legally described as follows: See Exhibit "A' from an obligation of the owner, Iowa City Iowa Housing Association Limited Partnership, to the City of Iowa City represented by a Memorandum of Development Agreement, recorded February 10,1992, Book 1326, Page 145 through Page 148, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ' ~U~ MAYOR ~ ATTEST: ~ -R. 7!~ CITY C K Approved by C. ~~. J-;i) -C,+ ~ City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .:10 day of F,b..IoIA"i/;uma' A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross W urn 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 affbced thereto is the seal of said corporation, and that the instrument was signed and sealed on ,behalf of t~ corporation by authority of ~ C~ Council, as contained in Resolution No.o1-~ adopted by the C~ Council on the ~ day J,..... ..~ ' 20Jl.L- and that the said Ross Wilburn and Marian K. KarrlSSuch officers acknowtedged the execution of said instrument to e the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~. f:""~ Notary Public in and for Johnson County, Iowa EXHIBIT 'A' A tract of land cons~stin9 of Lot 11 and a port1on of Lot 10 of Block 1 Braverman Center, Iowa City, Iowa, more particularly described as follow~ Beginning at the southeast corner of Lot 11 of ~aid Block 1, thence t~ 89 33' 40" w, 220 00 teet along the south l~ne of S81d Lot 11, to the northwest corner of Lot 12 of said Block One, thence S 00 26' 20" W along the west line of saId Lot 12, 90 00 feet to the southeast corner of Lot 10, of SAId Block 1, thence N 89 33' 40" W along the south line of said Lot 10, 254 26 feet to the easterly lIne of an eXIstIng stormwater storage easement. thence N 00 26' 20" W along sa.1.d easement lIne, 7S 00 feet, thence H 29 34' SOu W along said ee.sement l.1ne, 44 90 feet, thence N 59 321 57" W alon9 sa1d easement line, 66 22 feet, thence N 89 33' 40W W along a line par- allel wlth, and 3 00 feet south of said easement I1ne, 182 93 feett thence N' 00 26' 20" E, 123 00 feet to a point on the southerly right of way line of Cross Park Avenue, thence S 89 33' 40" E, along said right of way line, 122 00 feet, thence southeasterly 23 56 feet 810n9 a 15 00 foot radius curvet concave southwesterly, whose 21.21 foot chord bears 5 44 JJ' 40" E, to . point on the westerly right of way line of Broadway Street, thence S 00 26' 20" W along the westerly right of way 110e of Broadway Street, 165 00 feet to the point of beginning Said,tract of land contain& 3 215 acres, more or less and is subject to easements and restrictions of record I\J\\~ n:c Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-46 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 631 5TH AVENUE, IOWA CITY, IOWA. WHEREAS, on May 10, 1989, the owner executed a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, the lien has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 631 5th Avenue, Iowa City, Iowa from a Promissory Note, recorded July 12, 1989, Book 1070, Page 81, of the Johnson County Recorder's Office. Passed and approved this 20th day of February ,20~. ~u~ --.. MAYOR ATTEST: ~J"'~ ~. ~) CITY ERK ~bY ~ ~,'ts---c'1- City Attorney's Office It was moved by O'Donnell and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: NAYS: ABSENT: x x x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mary Fowler Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 631 5th Avenue, Iowa City, Iowa, and legally described as follows: Lot one (1) in Block Forty (40) in East Iowa City, Johnson County, Iowa, according to the recorded plot thereof. from an obligation of the owner, Mary Fowler, to the City of Iowa City represented bya Promissory Note, recorded July 12,1989, Book 1070, Page 81, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~( --1A~ MAYOR -... ATTEST: ~:-'~ ,f/. ck'~ CITY RK Approved by ~~ iY-SS-04 City Attorney's Office STATEOFIOWA ) ) ss: JOHNSON COUNTY ) On this j,o day of .J:&hr..ul~ ' A.D. 20.ll..1...., before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross i1bum 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 th~ rporation by authority of its City Council, as contained in Resolution No. tfl::!Jk, adopted by tI1e City Council on the ~ day I-~ Q , 204- and that the said Ross Wilburn and Marian K. Karr as such officers aqknow1edged the execution of said instrument t the voluntary act i;lnd deed of said corporation, by it and by them voluntarily executed. ~ SONDRAEFORT ~ Commission Number 159791 . . My Commission Ires ~~". \="M'b Notary Public in and for Johnson County, Iowa M~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 07-47 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER HAYWOOD BELLE, ET AL, AND TENANT TROPICAL CHILL, INC. D/B/A BALDY'S WRAPS, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Haywood Belle, et ai, as landlord, and Tropical Chill, Inc. d/b/a Baldy's Wraps, as tenant, applied for a renewal of a temporary use of the public right-of-way at 18 S. Clinton Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this --2llthday of February, 2007. ~( MAYOR J1lL - --.... ATTEST:~~~~.~~ CIT LERK Approved by: ~~ ~'I~'Ot City Attorney's Office Resolution No. 07-47 Page 2 It was moved by O'Donnell and seconded by adopted. and upon roll call there were: AYES: NAYS: x x x X " x X ABSENT: BaileY the Resolution be Bailey Champion Correia. Elliott O'Donnell Vanderhoef Wilburn ~~ IJ:J Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St.,lowa City, IA (319)356-5139 RESOLUTION NO. 07-48 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER KLDP, INC, AND TENANT CHACKALACKAL, INC D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, KLDP, Inc, as landlord, and Chackalackal, Inc, d/b/a One Twenty Six, as tenant, applied for a renewal of a temporary use of the public right-of-way at 126 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the pUblic right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: . 1 . The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 20th day of Februarv , 2007. ~ LJ~p. MAYOR -- ATTEST: ~~.,f. ~ CI LERK APpr~.. ~, ~ r--.. J)~ d - (').ot City Attorney's Office Resolution No. Page 2 07-4R It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: x x x x x x x Bailey the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~ ,..., ~ Prepared by: Mitchel T. Behr, Assl. City Atty., 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-49 RESOLUTION AUTHORIZING CONVEYANCE OF THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS WHEREAS, the City Council has passed an ordinance vacating a 300' long by 25' wide portion of McLean Street located between Lexington Avenue and Hutchinson Avenue in Manville Heights Addition; WHEREAS, the adjacent properties on both sides of this portion of McLean Street, Ian and Laura Law of 406 Lexington Avenue, Robert and Kathleen Staley of 405 Hutchinson Avenue, John and Virginia Stamler of 358 Lexington Avenue and Kevin O'Brien of 351 Hutchinson Avenue, have each made offers to purchase the half of the alley adjacent to their properties, for a total of $37,100.00; WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; WHEREAS, a private utility easement should be retained to protect a MidAmerican gas line currently located in the right-of-way; and WHEREAS, following public hearing the City Council finds it to be in the public interest to dispose of said right-of-way, subject to the necessary private utility easement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby authorize conveyance of the City's interest in the portion of McLean Street located between Lexington Avenue and Hutchinson Avenue in Manville Heights Addition to the above-referenced adjacent property owners, subject to necessary utility easements, for total compensation in the amount of $37,100.00. 2. The Mayor and City Clerk are hereby authorized to execute any and all documents necessary to complete said conveyance. Passed and approved this 20th day of Februarv ,2007. ~LJA,- MAYOR ~ ~'7 , City A' rney's Olflce ATTEST: ~~..uJ .,v. ~a-vU CI CLERK Resolution No. Page 2 07-49 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Champion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~ I 02-6~07 , Prepared by: Sunil Terdalkar, 410 E. Washington Sl., Iowa City, IA 52240; 319-356-5243 (SUB04-00011) RESOLUTION NO. 07-')0 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF L YN-DEN HEIGHTS PART III, JOHNSON COUNTY, IOWA. WHEREAS, the owner, John Oaks filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Lyn-Den Heights Part III, Johnson County, Iowa; and WHEREAS, the property is located on Rapid Creek Road NE and is part of Fringe Area A; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat, subject to a) Iowa Department of Natural Resources approval of the waste water management facility, and b) compliance with or exemption from the County Road Performance Standards; and WHEREAS, the conditions are based on the Comprehensive Plan goals and the Fringe Area Policy Agreement between Johnson County and low<l City, and are related to issues such as health and safety, and protection and preservation of the natural resources and environmentally sensitive features; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Lyn-Den Heights Part III, Johnson County, iowa, is hereby approved subject a) low<l Department of N<ltural Resources approval of the waster water man<lgement facility, and b) compliance with or exemption from the County Road Performance Standards. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be <lffixed to the plat after passage and approval by law, Passed and approved this 20th day of Februarv , 20-.llL... PeD/Staff ReportsfRES/EXTRPLAT-PrelimResSUB04-00011 Lyn-Den Heights Resolution No. 07-')0 Page 2 ~~uA, MAYOR - Approved by ~~D~ Cify Allorney's 0 ce _I Ie Vanderhoef the Resolution be adop~!~ ~ ATTEST: ~~.".) ok' - '*hAJJ CITY ERK It was moved by Champion and seconded by and upon roll call there were: AYES: NAYS: x X X X X X X ABSENT: Bailey Champion Correia Ellioll O'Donnell Vanderhoef Wilburn City of Iowa City MEMORANDUM -----1 Date: February 1, 2007 To: Planning and Zoning Commission From: Robert Miklo Re: SUB04-00011 Lyn-Den Heights - Part III This item was deferred with the applicant's consent pending resolution of outstanding deficiencies and discrepancies. A revised plat has been submitted and reviewed. The Public Works Department remains concerned with the design of the proposed private sanitary sewer treatment system given the proximity of Rapid Creek and recommends that any approval be conditioned upon Iowa Department of Natural Resource (IDNR) approval of the system. We have not yet received the required letter form the Solon Fire Department regarding the approval of fire protection for the subdivision. This is a basic requirement of I the Fringe Area Agreement. STAFF RECOMMENDATION: Staff recommends that SUB04-00011 be deferred pending resolution of the deficiencies and discrepancies. Upon resolution of deficiencies and discrepancies, staff recommends SUB04-00011 a preliminary plat of Lyn-Den Heights-Part III, an approximate 38.50 acre, 40-lot residential subdivision located north of Rapid Creek Road, be approved, only if the subdivision meets or is exempted from the Johnson County Road Performance standards, and subject to IDNR approval of the waste water treatment system. City of Iowa City MEMORANDUM Date: January 18, 2007 To: Planning and Zoning Commission From: Robert Miklo Re: SUB04-00011 Lyn-Den Heights - Part III At the applicant's request this item was deferred from the December 21 meeting. The applicant has submitted a revised plat. The revised plat contains a number of deficiencies and discrepancies noted at the end of this memorandum. The application continues to be in non-compliance with the County Road Performance Standards. STAFF RECOMMENDATION: Staff recommends that SUB04-00011 be deferred pending resolution of the deficiencies and discrepancies noted below. Upon resolution of these deficiencies and discrepancies, staff recommends SUB04-00011 a preliminary plat of Lyn-Den Heights-Part III, an approximate 38.50 acre, 40-lot residential subdivision, be approved, only if the subdivision meets or is exempted from the Johnson County Road Performance standards. DEFICIENCIES AND DISCREPANCIES: 1. Storm water 1.1. Resubmit stormwater calculations for the entire site and use entire acreage for basin area. Current calculations are not adequate for entire site. 1.2. Show calculations for the release rates and for the outlet pipes (designed at 50% storage) . 2. Streets 2.1. Recommend that Rapid Creek Dr. NE name be changed as there is already a road in the county named Rapid Creek Rd. NE, and this could be confusing for the emergency services (police, fire, and ambulance). 2.2. Check discrepancy with 2% slope on West side of road labeled Peregrine Drive and topography of land. Should 2% slope label be moved to the West side of the culvert? Should culvert be located at the low point in the road? 3. Water 3.1. Service lines cannot be underneath cul-de-sac paving. Extend main to accommodate lot 17. 3.2. The City Rural Design Standards, section 2.2 talk about fire protection. Please submit a letter from the fire department covering this vicinity explaining the method they would use to fight a fire in this neighborhood. January 12, 2007 Page 2 4. Sanitary Sewer 4.1. The city is concerned that if the sanitary sewer line or the Orenco systems on each of the properties within the 200' well separation limits begins to leak, the water quality would be diminished. 4.2. What is the minimum radius for the sanitary sewer piping in this system? The city recommends following the guidelines set by the system provider. 4.3. The city is concerned with the effluent from the final wastewater treatment site draining directly into the creek. Please explain why this is feasible. 5. Site Grading and Erosion Control Plan: 5.1. NPDES General Permit No.2 will be required for this site (disturbing >1 acre). 5.2. Ditch checks will be required along roadways during construction. 5.3. Service lines cannot be underneath cul-de-sac paving. Extend water main and hydrant to accommodate lot 17 5.4. Add arrow to note "EXISTING GRAVEL TO BE REMOVED". 5.5. A Construction Site Runoff Permit is required. ATTACHMENT: Revised Plat P 1.. PI t STANDARD LEGEND AND NOlES NEWPORT & GRAHAM TOWNSHIP re Iffilnary a + __ :~O/~~~ 53 I'" -~=~"''''LMS ~ I LYN_DENHEIGHTSPARTIII =:=:~~- .,-. _lDTlMES,lflDtW. ~ J h C t I ------------:~~~.::~ '" 0 nson oun y owa ~..._......., _mmnn,,_______:=-"'-"'_ ... . . . (R) -1lECllIIlED tMJ$ONS rtJ '-:E8I... 22-1 -aJlM:SIEQlENT.....ut Eo-< PUT PRRPiRr.n ~ onn/StrRDMDm nwvr.R'S .\'l"MRNft. r.. ~- ~ _ V1UT'( ~ :I:: SlTE lDIS CONSULtANTS INC. lOBlf OAKS ROBIRT H. DOWNER l) .;:. - UClHT PCU sa LOCAllON 1917 SOUTH GILBERT ST. 4584 RAPID CREEK RD :NI 122 SOUTH LINN STRDT -& I: ~~1iWHU ~ ton CITY, mWJ. 52240 101'.1 CrrY. JOlJA 52240 IOn em. JOY! 62240 * "- .... VALW ::x:: c · -CllWIACIlIWlHlll.E ill 0 -C\.II8N.!T Z ~---.- - FENCE I.N CIVIL ENGINEERS " _.~_. J ,,==.... ~ ~ ~ NO. SOIL TYPE SLOPES ':-1lOIID : ~sr:..-:. LAND SURVEYORS :.b 163E3 FAYETTE SILTY CLAY LOAM 14 18% r_T -------1-< :~ue lANDSCAPE ARCIIITECI'S ~ 163F2 FAYETTE SILlY CLAY LOAM 18-25% ==:--:==:~UMD IIlVIDOlEIftALSPfl:WmS ~ 163D3 FAYETTE SILTY CLAY LOAM 9-14% 2lC 211_ _0CII1U.IIlH3" m" "OO,,-_~"~ "'H~ ,-g ~""~~--1 J ---~ - """"'",,, AI 0 _ElCIS1M1lECIDUClUS1IIlEE (319)351-8282 1l(Wl.-mt.. 24' ~ $ _ DIS'T'flO ~ llIU:S www.mmsconsultants.net IKDINlIlBlllKll'&.Ml._ME.IlFEtfIllll_ C~~I~~'.~~u~~~ R rllR~~llI\DI ~ROJd)SEC1IOH lMESlZENClLOCA.'IIONrlfALLPllOPOSEtlUllUTDSHO'Itl ~319)&4Hi'88 LOCATION MAP NOT TO SCALE SOILS MAP NOTm....... ~~.=;,~~~~ NIlE. TO E PllD'ARUI ,.,., .-nm SUBSEQWNT TO 11<< lRACT AREA _ 38.59 ACRES N'f'fff7o/".. rIf lHlS 1'1...'-1. RAPID CREEK RO ROW - 2.08 ACRES - 1- AREA Of PROPOSED ROW _ 3.68 ACRES 0<-14_001 PER GO'" REVIEW 001>1.I'10 _ _ _ _ _ _ _ _ _ _ _ NET DEVELOPMENT AREA _ 32.63 ACRES '2-29-{Jll .....ClTYICOI..IfT'I~GOUrOo ________________________ __ AREA Of' REQ'O OPEN SPACE (50% NOA) "" 16.315 ACRES :::.:: ~~~~::g:~~~TNJs:u~ ~HcaIlIJl AREA Of PROPOSED OPEN SPACE 17.19 ACRES 02_1:1-01 PEllCOU>ITYREvlEW-.DM : .:::.."'!= _ _, _ _ AREA Of P1ROPOSEO LOTS - '5.... ACRES PLAT APPROVEC BY, "H..... PM. ~ .lOBH90M couwrr BllOD OJ' ou~,-.._ ,/ AI?J- ~ ~I "f' ~ ~ ~ ft-f'1Jf'ff:' I, '>f<ili>~ "''''~.'' "f' itS'ff:' CHAIRPERSON CATE ....-::'.,0 ~'*' ",'I> , ",,~ ~-:A".' ""~ ",4fJ """'........."""""""~"-'''''-~-~ <== ~ ./ p_\~ JM I ~ "s;d' ,p %' (> ,.,., NIIIE. PROWlED fOlII CAS. D.EC1RIaTY. TEi.D'HONL ~V ow '" ,.g tA."i> ~~ \V Ifu..~ T.V. ~ SANTARY SEWERS. WAmt lMINS, ,.,., "... "'" i'" "'" ~J'(. '" .- """" ..... """""- .f:,. ~ A,I;J l POWT OF BEClII'<NNG ~4;, <II' <iIi>'0 AI;J<iIi> ".",........" ~ - ....... ... ..,,""~ "'" "'~!t' ?,,,,,,"'> 1 d',,;"dJ f'%v lHE:1NSTAl.l.A1ICINANllllAllflEJWlCEaFMFAaUlESIIDUR- ~~ ~'Y I @;})"'0' rfbY ED8YM~NlENClE:S: - - ,,. ---.: ~ @j ~- --- ~ PLAT/PLAII APPROVED PRELIMINARY PLAT by the City of Iowa City "- ""- , o.It Dak I ", UlLlTl'E.UDlENlS" MI!iHCl'at HEJlEQI" """'rat IUoYMOT. "' INI1.UClIESMlTMT!lEllEltIJlD.ANll 5"RIllIIlSEWElllUlES. ~ ANll~"'1EIlUlES'SO:~I'I.ANSRlRDnM.S. I "~ ..f" "~~ ~ f,>' ,-. I .~ ij) ',-' I'~F' /I~;<, lM-.....,lA9oI~__-....hm..._.....flIl ~.,.' /,JI I , ..n..-............._-.-.....~""Iha_ /$/ " ..-..... I ,,~/ '",,- ~1Il...1WlIIwaat_.....___afs.llon31, I'd' A. 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G'^-" ~ (,."-' V_I ~. ~ I STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB04-00011 Lyn-Den Heights-Part III (formerly Falcon View) Date: December 21, 2006 GENERAL INFORMATION: Applicant: John Oaks 4584 Rapid Creek Road NE Iowa City, IA 52240 Applicant's Engineer: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Preliminary plat approval Purpose: A 40-lot single-family residential subdivision Location: North side of Rapid Creek Road, approximately Yo mile east of Highway 1 Size: Approximately 38.50 acres Existing Land Use and Zoning: Agricultural; County RS Surrounding Land Use and Zoning: North: South: East: West: Agricultural; County A 1 Residential; County RS & A 1 Agricultural; County A 1 Residential; County RS & A 1 Comprehensive Plan: The property is in Fringe Area A of the Fringe Area Agreement between Iowa City and Johnson County. The property is outside the Iowa City growth area. File Date: November 21, 2006 45 Day Limitation Period: January 05, 2006 BACKGROUND INFORMATION: The applicant and property owner, John Oaks, has applied for a 40-lot single-family residential subdivision on a 38.5-acre property located on the north side of Rapid Creek Road, approximately Yo mile east of its intersection Highway 1. The property is zoned County RS, Suburban Residential. The application was first submitted in the April 2004 and subsequently the applicant requested 2 indefinite deferral because of the unresolved issues related to County Road Performance Standards and certain other deficiencies related to waste water treatment and storm water management facilities. The applicant has resubmitted the plat with a few minor changes to the subdivision design. The proposed subdivision contains one lot less than the previous design. The revised plat includes two outlots that are proposed to be set aside as 'Common Open Space'. The plat delineates an area identified as 'Final Wastewater Treatment' within Outlot A. The application contains number of deficiencies and discrepancies that are listed at the end of this report. ANALYSIS Fringe Area Agreement The property is located in the area governed by the Fringe Area Agreement between Iowa City and Johnson County. There is a general provision in the fringe Area Agreement states, "Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain their rights under that zoning, unless or until such zoning is changed through due process." The Agreement further states that properties subdivided within the City's Fringe Area must meet City Rural Design Standards, which contain design requirements for streets, and water, sanitary, and storm water systems. Rural Design Standards The proposed streets, which are 24-foot wide asphalt streets within a 50-foot right-of-way, exceed the rural design standards for 22-foot wide chip sealed streets. The proposed streets appear to meet the maximum grade requirements enumerated in the Rural Design Standards. The Rural Design Standards state that the well and wastewater treatment systems are required to conform to the requirements of the Johnson County Health Department. The proposed subdivision would result in higher density than that of a typical County subdivision and is being proposed on a land with environmentally sensitive areas such as steep slopes and flood way. The property is in close proximity of Rapid Creek and its tributary drainage ways. Therefore, staff recommends that the applicant provide a letter from the Johnson County Health Department that the proposed water and wastewater system is functional in concept, prior to the approval of the preiiminary plat. Regarding storm water management, the Rural Design Standards state that the City storm water management ordinance shall apply to all new developments within the City's area of extraterritorial jurisdiction (except for the Old Man's Creek watershed). The plat as proposed contains no provisions for storm water management. Given the size and density, staff recommends that such provisions be required for the proposed subdivision. Clustering The applicant is taking advantage of the County's clustering provisions in order to create smaller lot sizes than would normally be permitted in the County RS zone. The County subdivision ordinance allows clustering and smaller lot sizes provided the subdivision design follows the natural characteristics of the land, and creates usable open space, common ground and recreational areas. Because (City) staff does not have experience is how the clustering provision has been used across the County, staff defers to County Officials in determining whether this subdivision meets the standards of a clustered subdivision. Road Performance Standards The County adopted an ordinance to establish Road Performance Standards for Subdivisions. As 3 stated in the ordinance, County subdivisions shall be approved only if they are in locations which meet certain Road Performance Standards (RPS). The standards are based on the capacity of the existing road infrastructure and the most recent traffic count. The standards state that subdivisions on oiled chip sealed roads with a traffic volume of greater than 700 vehicles per day shall have a development density not to exceed one lot for every 20 acres. Rapid Creek Road is currently an oiled chip sealed road and the most recent traffic count (2002) on Rapid Creek Road is 940 vehicle trips per day. Because Rapid Creek Road exceeds the 700-trips-per-day threshold, development on this property would be limited to approximately six lots until a time that Rapid Creek Road is upgraded. The standards further state that subdivisions shall not be approved on oiled chip seal roads where traffic exceeds 1,000 vehicles per day until the road is upgraded. The subdivision as proposed would generate traffic that would exceed 1000 vehicle trips per day. In 2004, the applicant asked the Board of Supervisors for an exemption from the RPS. The Board of Supervisors did not grant approval of the exemption. Although the RPS are not part of the Fringe Area Agreement, staff recognizes that the proposed subdivision clearly vioiates an adopted ordinance of the County. Therefore, staff recommends that approval for this subdivision should only be approved if the County exempts the subdivision from the RPS. STAFF RECOMMENDATION: Staff recommends that SUB04-00011 be deferred pending resolution of the deficiencies and discrepancies noted below. Upon resolution of these deficiencies and discrepancies, staff recommends SUB04-00011 a preliminary plat of Lyn-Den Heights-Part III, an approximate 38.50 acre, 40-lot residential subdivision, be approved, only if the subdivision meets or is exempted from the Johnson County Road Performance standards. DEFICIENCIES AND DISCREPANCIES: 1. Provide an approval letter from the County Department of Health regarding the water and wastewater treatment system. 2. Identify and label all the utility easements and exiting topographical features. 3. Identify the purpose of the pump in Outlot A. Show what it pumps and where it attaches. 4. Addresses for lots 1 and 2 under Lyn-Den Heights Subdivision do not match lot numbers. 5. Tract acreage shown on the plat does not match the acreage reported in the legal description and the dimensions shown on the plat do not match those in the legal description. 6. Barbary Court should be changed to Peregrine Drive, continuing that street through the cul- de-sac Barbary Court name should be changed as it will no longer be a "court" type street and there is already a road in the county named Banbury Circle, this could be confusing for the emergency services. 7. Discrepancy with 2% slope on West side of road labeled Peregrine Drive and topography of land should be resolved. 8. Cross sections for steep slopes (11%-12%) should be shown on the plat. 9. It does not appear that one well would be sufficient for all lots given the extreme range in topography of the land. Show calculations and verify that additional wells or pump systems are not needed, or show that they will be provided. 10. Service lines cannot be underneath cul-de-sac paving. Extend main to accommodate lots 17 and 18. 4 11. Extend East hydrant beyond lot 2 to avoid any driveway conflicts. 12. Calculate and show the fire rating. 13. Fire hydrant spacing shall be an average distance of 400 feet. 14. Approval is needed by the IDNR for this proposed water system. 15. Revise direction arrows that are pointing the wrong direction for the sanitary sewer lines. 16. Verify that sanitary sewer and/or force main can be located within the 200' well separation limits shown on the plat. 17. Show calculations for gravity and force main lines. 18. If there will be any force mains, they should be shown where the pump will be located. 19. Sewer cannot snake around curves of road. 20. Sewer easements must be shown in Outlots. 21. Manhole spacing shall be at all intersections and distances not greater than 400 feet for sewers 15 inches or less in diameter or distances not greater than 600 feet for sewers 18 to 30 inches in diameter. 22. Approval is required by the IDNR for this proposed sewer system. 23. Perform stormwater calculations and show stormwater management easements for areas that drain to the Iowa City growth area. 24. As shown, stormwater for the West half of Outlot B will drain to the existing lot, Lot 1. This should be changed to allow stormwater to be controlled in Outlot B. 25. Grading plan and permit are required since there are slopes of 25% or greater. Approved by: ~ Robert Miklo, s;nior Planner, Department of Planning and Community Development CITY OF IOWA CITY ~ I W \ \ Ij i \ \ ( /1 'i ~~ V7 - \ t ,,~ij ~ "/~ ~ ~ ~ ~~ ~ - ~~~'/ If ~, r-. ''\ ..... I~ ~ - . 11\1 , ; ...... '- ~/" ~ H- ~ ,J cm or IOWA CITY CQRF'OI ATE UMlTS V I \ I lcIl {I "-- X~ ,~~ O~ /~ ~~ ~~ ...... ,//1.;:: rm~, - I '-----I \ \-- I ~ I ~~ I C01/, 1 b / ~ ~ I ~~:~. I 11 J~ ID-ORP h ...;;;~ I~~ h K _. ,,,,,, II ~,~~ SITE LOCATION: Rapid Creek Rd. NE SUB04-00011 JOHNSON COUNTY, IOWA Preliminary PIal ... STANDARD LEGEND AND NOTES - I ____-=~~_..._ ~ ~~~~~~L~"t'N~:-cS ~ L YN-DEN HEIGHTS PART III ~ ~ Johnson Counly Iowa _cO''''''',PvoTlUlOROY>ED ~ ~:!;:-:. ------ _""",os.-n<>""",,'c.<<cs I': __ _ D.,TING ,~sr"(j" """ ,n _""""DtD"""-,,,,,,"S " PT'. PR.p'R."n ~,.. Q.p,"""",,,mvml:R- 01fm1l". 'TmRNO:V- -"""."" - ,~w"" Sf"""""""""" o,rr ,.... o1lU"''''''-' 0 Ill4SClJw.i<ILTA!<TSINC JOIIIIO!.IG ROBERTN OO~tJl _lfG><TOOli iJ LOCAl1Otl 1917 SOUTH ClLEERT3'l _. f<AI'JD CREF.K ~D NE I~Z SOUTH lJIIN STREET a - ,,,",,,,,,, ~,.."",-, " lO1lA em, lOYA :;2~'o IOllACITY,IOI'A ,Z2'O IOWA CITY, ;OI'A ,~~40 I ~ ~~;j;~",~?,,;;",T", Z ~ ~i^"~~-a! ~ I'~ -~..-.~~- ~ ~:=~~~~ Q 1-.0 SOllfyP[ Z ~AYETTESllTYCLAYOAM ~ 16JF2 FAYETTE SILTY CLAY LOAM ~ 16.;03 FAYETTE SILTY CLAY L:)A\oI ~ ' . ..-. ~ ~=-~- ~ ~*:;; ~.." 729B NODAY-AR::NZ'ilLLESILTICAM ~. "-... . 1 __.... I.Z.' ""'""'''rmo.......''l1_''''''''_..''',....,.........,'''" _"0 ]..,..r^,'O""<;FCTI~_ l)<ES'''''.<NO,OCM'ONorALlPO'''=DU~UTI',,,,,,... LOCATION MAP NOT TO SCALE SOILS' MAP ""]]o,e,"-,, Ot<'fH"P;JoT.... >u...-c] TO.OOtA""""_I"" "".<N'3I; H^C"!\J"-~"""'t""''1<IN'''^LlF'1lU'='.'C1\J'''' TRACT M.tA: 38.59 ~CRE5 ,,"^Ll"' "",..,ED ..'" CONS"'UC~Ot< DOCU~'""3. "'".C> R~PlO CREEK RO RQw _ 208 ACRE, ""('01l(o.'e_D.<No:;u....rTtO>U.S(w'~lrnl)<' """""",-"'TN,,",",T ARE.. Of PROPOSED RQW ~ 3.91 ACRES CONTOUR INTERvAL. _ 1 ..-OOT "n MVElOPl.IE1H 'REA ~ '2.50 ,CRE:S ~~~ ARt~ Of" REQ'D OPE>! SPACE 15Q'" "OA) _ '6.30 ..CRES ~R(A or PROPQSf:D OPE~ ,PACE lI:;.7a ACRES """""~-_. -(......- >.REA OF PROPOSED lOTS ~ '5.8< AeRtS PLAT AP~HOVED BY , "'...~,." \ ,O)lOO(I.'oUJITY"".....O.""""""""'''"' " ~ - II . , C..,AIRPERS0N "IT /.i.,y~ U<u",.,.~.",.."'-"""-'O["-'~...n"'OQ<'-.<<-..." -....... --- " ___,,",""",''''''''~ E'_'''~'''',''~ I'P ~;;"'~':;''''i:'...~':'''' SEo<WS."''''' .""'~ "'" u '" ~ ~I POINT OF BEGINNING .'f """"''-'To<'<'" ,,""'.. """''''', ""''''",,,''',,,. ..::;:,:::oS ;~.;:"~=::::'~,"""''''''''''''''''''',,,"- .Pl, SO' . ~,"",",- ~ ~~~ ~ ~ . s5q 'I -,,~'''''' .. ::> O~~ ~ j ~i! ..~;.;;;.,. "",.-- ~ gi!~~ ::a c o~ PLAT!PLAIIAPPROVED ::g ~ ~~ bytbe - , City of Iowa City 1~~1Ii , """ "'-'F. u<u""""""",..._..""""....""",,,,T. """""....'...''''''''_~...Oi'''''_s[...'''''' _;00..""-"".",,,,,,,,,"",,,,,,,,,,",,,,,,,,,,,,,, ! ~ j ~~ ::-"....~;;--..::.......:;~~---~.....;;:::::.::.:::..:: ~ . . I .. .. >- !C~ 00 -Y~ "- ,-_.._..",,-,~.,...-..-..~-~...,... " ~ {j~ ~ h1 ~ / ~~.."",.';";\''':''"':.':'';::' ~"; ':.o=JO-"";,'o'::::;:~ ~ ~ U "" ,..,/f ='1..~::'~,::....:;:'1..::.':,,';;,";'...i,toO':';:'~ ~ :1:3 g ,,..,,.2T"C =~ "" ...... =-"',,,"< "'" _, ~_ ",."."" '7 /~. (;:="2,~~~;;5":~.~-i:.;:-7:"~= rj Z~ S / ~i.~ .,....-..., -- ~~ -. "''''''".~. ,QO<.,..... "'-" a:: W::t: -::: ..."."".'....,'-'._....-..-~,"'.""...~."'"'''''''' C-. OS; 2 4l '.'0. I =.-~-;;;;.,':::.~~"':.""."::.~~..::,";~'t:;:-~ Z ~~~,.,,/ I ..._..,---,,"-""'.~'''''', ~_.....',... , ".......... ~ ~. -.- "'... "-" "-,, "'-" ,.,..",' .. r .off; /.~ ...... '-', "-_ ..,..'",'~ ,..",,, "" "'~~ [00> ",,' '... "~' , ...J ./:1'1' / ",.~. =,~.":::::,.';; =:.:::';:;"~'" ~ m~ ~ __~,. , ./ ?;(f' i ; Ii ., I " ~--- "GU~ ? I "= - I ..,.."".-- "'-M"COW ,."'.>8 -- o-n.'" " .. _om""'''-'- ~ I I ,t"9 . "';:,7..",' \ ,t/j' ~!l.17~ f:f) - ~ V, >,,.,-- M-~ cr:l Prepared by: Mitchel T. Behr, Assl. City Atty., 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-51 RESOLUTION APPROVING A FIFTH AMENDMENT TO A REAL ESTATE CONTRACT . INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING. WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; WHEREAS, In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000; WHEREAS, the contract as most recently amended in January of 2006. provided for payment of the $250,000 remaining balance of the purchase price in installments of $25,000 by March 1, 2006, $75,000 at the end of 2006 and $150,000 at the end of 2007; WHEREAS, UAY has paid all but $20,000 of the amounts due by the end of 2006, and is requesting that the contract be amended to add said $20,000 to the amount due by the end of 2007, increasing the total balance due at that time from $150,000 to $170,000; and WHEREAS, following public hearing the City Council finds it in the public interest to approve of the attached amendment to the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby approve of the attached fifth amendment to the real estate contract between the City of Iowa City and United Action for Youth for Unit 1-C in Tower Place and Parking. 2. The Mayor and City Clerk are hereby authorized to execute the attached fifth amendment to the real estate contract between the City of Iowa City and United Action for Youth for Unit 1-C in Tower Place and Parking and any other documents as approved by the City Attorney's Office as necessary to dispose of the property in accordance therewith. Passed and approved this 20th day of Fphrll~ry , 20...D.1-. ~(J~ MAYOR ATTEST: ~~~. ~ CITY RK z.J..., IrJI It Attorney's Office Resolution No. n7-~1 Page ? It was moved by Bailev and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: x x X x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn - ----------------_.~---_._----~---_._...~_._--'-_._",.--_._---,-,.."~-------~_.__.__.- Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 FIFTH AMENDMENT TO REAL ESTATE CONTRACT-INSTALLMENTS WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth ("Buyers") executed a REAL ESTATE CONTRACT -INSTALLMENTS for the sale of Unit 1C, Tower Place & Parking, as legally described therein, dated May 11, 2002, which is recorded at Book 3343, Page 137 of the records of the Johnson County Recorder, and modified by amendments recorded at Book 3357, Page 352, Book 3785, Page 298, Book 3842, Page 237, and Book 3986, Page 608 of the records of the Johnson County Recorder; and WHEREAS, Buyers and Sellers wish to further amend said REAL ESTATE CONTRACT -INSTALLMENTS to modify the provisions thereof relating to payment of the purchase price as agreed to and understood by the parties. FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the above-referenced contract is hereby further amended as follows: Paragraph 1 (b) of the contract as amended is deleted in its entirety and replaced with the following: "BALANCE OF PURCHASE PRICE. $275,000 as follows: $25,000 on or before March 1, 2005; $25,000 on or before March 1, 2006, $55,000 on or before December 31, 2006, and; $170,000 on or before December 31,2007." UNITED ACTION FOR YOUTH CITY OF IOWA CITY ~LJ~ By: Ross Wilburn, Mayor Anderson, hairman of Board of Directors /?t~ ~ ~ By: anan K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 2 -/9 - 67 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Swaim and Lars Anderson to me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Jim Swaim and Lars Anderson acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it, by them voluntarily executed. "}It SUZANNE E 5\'\E.r,\~57 lr.. ~ comml$SlO~:~~EXPireS ~. MY~r26.2007 e~ STATE OF IOWA ) )SS: ) JOHNSON COUNTY On this 4v day of f"~l............" , 2007, before me, the undersigned, a Notary Public in and for said C6unty, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. -S'..,.,dACU F__-v Notary Public in and for the State of Iowa 9 Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356.5030 FIFTH AMENDMENT TO REAL ESTATE CONTRACT-INSTALLMENTS WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth ("Buyers") executed a REAL ESTATE CONTRACT -INSTALLMENTS for the sale of Unit 1 C, Tower. ace & Parking, as legally described therein, dated May 11, 2002, which is rec rded at Book 3343, Page 137 of the records of-the / Johnson County Reco er, and modified by amendments recorde t Book 3357, Page 352 , Book 3785, age 298, Book 3842, Page 237, and B k 3986, Page 608 of the records of the ohnson County Recorder; and WHEREAS, Buyers and Sellers wish to further a end said REAL ESTATE CONTRACT - IN TALLMENTS to modify t provisions thereof relating to payment of the p rchase price as agree 0 and understood by the parties. Paragraph 1 (b) of the cont ct s amended is deleted in its entirety and replaced with the following: " ALANCE OF PURCHASE PRICE. $275,000 as follows: $25, on or before March 1, 2005; $25,000 on or before March 1,2006, $5 ,00 on or before December 31,2006, and; $170,000 on or before ecemtJ r 31,2007." ON, IT IS AGREED that the amended as follows: FOR GOOD AND VALUABLE above-referenced contract is h CITY OF IOWA CITY By: Jim Swaim, E ecutive Director By: Lars A erson, Chair an of Board of Directors / / . -.. ."...._."_..__._.~~----_._--------_._----.._._._..._'~--_._---~_.--~,-~.._.._._.__.,--_.._'_._"._..._-'----- STATE OF IOWA ) )ss: ) JOHNSON COUNTY On this , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Swaim and Lars Anderson to me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by auth ity of its Board of Directors; t at Jim Swaim and Lars Anderson ackn ledged the execution of the i trument to be the voluntary act and deed of the orporation, by it, by them vol tarilyexecuted. STATE OF IOWA ) )ss: ) Nota Public in and r the State of Iowa. JOHNSON COUNTY On this day of , 2007, before me, the undersigned, a Notary Public in and for said Co nty, in said Stat , personally appeared Ross Wilburn and Marian K. Karr, me personally kn wn, who being by me duly sworn, did say that they ar the Mayor and City Clerk, respectively, of said municipal corporation execu' g the within and forego g instrument; that the seal affixed thereto is the seal said municipal corporatio ; that said instrument was signed and sealed on b half of said municipal corp ation by authority of City Council of said municip corporation; and that the said oss Wilburn and Marian K. Karr acknowledge the execution of said instrument t be the voluntary act and deed and said muni 'pal corporation, by it and by them vo ntarilyexecuted. \ \ Notary Public in and for the State of Iowa j q ~<"'-....."'V. ~=~ tit UAY _ United Action for Youth _ 410 Iowa Avenue - P.O. Box 892 - Iowa City, IA 52244 - 319-338-7518 January 30, 2007 Stephen Atkins City Manager City ofIowa City 410 Washington Street Iowa City, IA 52240 Dear Stephen, United Action for Youth is requesting an adjustment in UA Y's payment schedule to the City of Iowa City. Our recent payment of $55,000 leaves a balance of $170,000. We respectfully request that the payment schedule be amended to reflect that UA Y pay that amount in the coming year, adjusting from the $150,000 in the current schedule. While we continue to make progress on our capital campaign we have not yet reached our goal. Our development office is making steady progress in the campaign. We recently met our additional obligation to pay for the remodeling work done on the UA Y property at 410 Iowa Avenue, and those costs were over $20,000. The staff, board, volunteers, and especially the young people we serve, wish to express our gratitude to the City of Iowa City in providing us with this wonderful environment for the Youth Center. It is truly a great space and demonstrates Iowa City's commitment to youth and families. Thank you for your consideration. Your~:L ~aim ~::U~ive Director Cc: Lars Anderson, UA Y Board Chairperson ~U ~h Behr, City ofIowa City Legal Department ,,- Tracy Hightshoe, Associate Planner, City ofIowa ity Linda Severson, JCCOG Human Services Coordinator . -,,--.------.----..--.-------,."'..---,..---..-- .__._~--,---- _ -- -----.....-..-....-...-........-->,.--".- - - .~_._~._--_..._-_._._-_..~----_.._._-----_.__...._---'-.... ~ .~ u...J Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City,IA 52240-319-356-5041 RESOLUTION NO. 07-52 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code 9 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code 9 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on March 29,2007. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until March 29, 2007 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 07-52 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code S 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 20th day of Februarv ,2007. ~uJL- Mayor ATTEST: /h.:::~-) ~. ~p) City rk Approved by ~~ ~-(~4 City Attorney!s Office It was moved by 0' Donnell and seconded by adopted, and upon roll call there was: Bailey the Resolution be AYES; NAYS: ABSENT: --X-- 1( 1( x X --X-- ----X- Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn sue\Ord&Res\AbateRes.doc ..._...__.___._._________~_~______._____,.,,_.. ._ __ .._ "_'H___'~ ____ __._____.__________.________..__~_ .~ Khibif Il " Properties To Be Assessed. FEBRUARY 2007 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN.UP OF PROPERTY AND STOP BOX REPAIRS Pro . Address L a/ Oeseri tion Parcel Number raised Value Pro Own., Service Rendered Date of Service Cost of Service Invoice # 2402.2414 BITTERSWEET cr 2978-57 WALDEN RIDGE PART 3 lOT 1017260006 $76,100.00 ADAMS, CHARLES AFTER HOURS 2121/2006 $40.00 2030 57 WATER SERVICE CAll $ VARADO, CHRISTINA QPERTY CLEANUP 8/812006 $50.08 3850 f ~ .,;2./~1I 1069 HIGHWAY 1 WEST 3097 3 WESTPORT PLAZA LOT 3 $883,690.00 AMBIANCE LlC PROPERTY CLEANUP 1100& 1102 MARCY S7 14-79-6 COM 246.5' W&374' S OFNW 1015402004 $141,560.00 CONTRACTED TO STEVEN & . STOP BOX REPAIR 319/2006 $465.00 2297 COR OF lOT 2 OF SURVEY OF PHYLLIS BLACK CARSONS SO IN SW SEe 14-49-6;E 190 DEED HOLDER-Lors YOUNG S 60' W 190' & N 6O'TO BEG 620 KIRKWOOD AVE 0358 BORLAND PLACE LOT 6 BLK 3 1015161007 $138,330.00 BOWLER, LISA SNOW REMOVAL 12/16/2005 $118.00 1737 EX W 50' 157 S WESTMINSTER ST 2023-84 OAKWOODS ADDITION PART $117,970.00 WACHOVIA BANK OF DELAWARE SIDEWALK REPAIR 2 LOT 84 SNOW REMOVAL 150 S WESTMINSTER ST 2023-115 OAKWOODS ADDITION 10124560141 $135,240.00 CARY-GRIMM, KEVIN & ELLEN SIDEWALK REPAIR 9/2812006 $321.40 3963 PART 2 lOT 115 I - , 1064 NEWTON RDAPT 11 1908-11 NEWTON POINTE 1009292001 $106.840.00 JAI RAM CO llC AFTER HOURS 9122/2006 $40.00 3856 CONDOMINIUMS UNIT 11 WATER CALL . 101216401 105,670.00 KLEMME, LA SIDEWALK R R 9128/2006 $230.20 3870 f?L ~I 1937.KEOKUK ST 'IIA 0380-5-3 BRAVERMAN CENTER LOT 3 1022102005 $465,860.00 CONTRACTED TO LEGASPI FROZEN WATER 2/2312006 $93.50 2054 BlK5 PROPERTIES LtC METER DEED HOLDER-MOSS RECREATION LIMITED 57 AMBER LN 1550-31 LAKESIDE ADDITION LOT 31 $119,480.00 LOPEZ, JOSEPH EDWARD STOP BOX REPAIR Properties To Be Assessed. FEBRUARY 2007 Prope Address L al Desert tlon Parcel Number A raised Value Property Owner Service Rendered Date of Service Cost of Service Invoice # 309 AMHURST ST 2027-316 OAKWOODS ADDITION 1012179009 $136,450.00 MICHALEK, ROGER & SIDEWALK REPAIR 9f28f2006 $275.80 3855 PART 6, LOT 316 CHARLOTTE 2626 E COURT ST COM SW COR LOT 7 BUENAVISTA ADO 1012383001 $213,730.00 MILLER, SUZANNE SIDEWALK REPAIR 9/28f2006 $136.60 3890 N 89 DEG 31' E 9O'TO PTOF BEGTHENCE S 0 DEG 07' W 172' N 89 DEG 31' E 100.88'; N TO SE COR 2925 CORNELL AVE 1992-0AK WOODS ADDITION PART 1 1012462009 $157,530.00 MORGAN, CHARLES SIDEWALK REPAIR 9/28f2006 $139.00 3881 LOT 250 WEED REMOVAL 9/27/2006 177.77 3846 1412 BURNS AVE 1268-231 HOLLYWOOD MANOR 1023281028 $144,630.00 NEREM,ROBERT SNOW REMOVAL 12/13/05& $232.25 1797 ADDITION PART 5 LOT 231 12/23/2005 1012257004 SIDEWALK REPAIR 9/28/2006 $127.60 3926 rL :0/ 220 AMHURST ST 2027-268 OAKWOODS ADDITION PART 1012184020 $118,900.00 SCHANY, JOSEPH & AMY SIDEWALK REPAIR 9/2812006 $338.40 3869 6 LOT 268 1611 CROSBY LN 1265-99 HOLLYWOOD MANOR 1023276003 $106,490.00 SCHMIDT, JEREMY WEED REMOVAL 6/112006 $125.00 3149 ADDITION PART 2 LOT 99 2408 COURT ST 1867 16 MOUNT SHRADER ADDITION J 1012362008 $131,600.00 SHAWVER. PERRY SIDEWALK REPAIR 9/28/2006 $332.80 I 3685 PART OF LOT 15&16;COM 635.14W OF INT CIl E COURT ST & E LINE LOT 14 THENCE W83'N 182.3SE 83 S 182.43 TO BEG $5,025.25 _t r ~ lu' b i-I-' 8" I ~ 1 -~= -10 ~n1I1~~1It ~~'Sr__.' .......~ CITY OF IOWA CITY February 12, 2007 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on February 20, 2007 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy ofthe bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5083. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. I ~ I -....= -14' ~~~!:'t ~, --'9~ .........~ CITY OF IOWA CITY MEMORANDUM , u~1~1-ul I From: January 30, 2007 Steve Atkins, City Manager Rick Fosse, Public Works Director ~ ~O~( ,~~ ~CO Date: To: Re: Cost of Service and Rate Study The City of Iowa City operates water and wastewater utilities that are self-supporting through user fees charged to our customers, From time to time it is good business practice to examine the various costs of operations and evaluate the range of customer classes and their needs, This is necessary to accurately price our utility products and services, Although our utility rates are periodically adjusted, the last comprehensive rate studies occurred in 1975 for wastewater and 1981 for water. Not only has significant time passed since these studies, both utilities have constructed new facilities and use different treatment processes, A committee that included the Public Works Director, Finance Director, Water and Wastewater Superintendents and Revenue and Risk Manager recently completed interviews with three consultants for a Cost of Service and Rate Study, HDR was chosen and a contract has been negotiated, The study will include the following tasks: . Review and assessment of existing water and wastewater financial, statistical and customer data, . A revenue requirement analysis will identify the sources of funds for water and wastewater capital infrastructure and operational needs for a projected five year period, . A cost of service analysis will determine appropriate allocation of the operating and capital costs of each utility to the customer classes in a manner that reflects a class' proportional benefit of the system, . A rate design analysis will include using the cost information from the cost of service analysis to develop water and wastewater rate designs, . A computer model of the analyses will be created and used to look at several alternatives, This model will be available for City staff to use for future evaluations, The fee for the Cost of Service and Rate Study for the water and wastewater utilities is $81,000, The project will take approximately six (6) months to complete, Cc: Kevin O'Malley Ed Moreno Dave Elias __ ._____'~_.n~__.._..,____.___..w,.____..___'~_'__..___.,__.,. _, _... __ _ __,.__._,__~_...___..___'_' .m._..____~__ _. __ _...__._,___._,,__~_____..m_.____'___'_'W_~"'_",'____.._..______ __'m -....----~--._._.---~.---,-..-..---'-.-...-.-- w~ If Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5139 RESOLUTION NO, 07-53 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER AND SEWER COMPREHENSIVE RATE STUDY. WHEREAS, in accordance with the Financial and Fiscal Policies of the City of Iowa City, Wastewater and Water utilities are self-supported through user fees as an enterprise fund; and WHEREAS, both wastewater and water operations have constructed new facilities within the past few years and there has been a significant amount of time since previous rate studies; and WHEREAS, the City desires to develop revenue guidelines for user fee rate structures to charge the costs of service provided to the benefiting customers; and WHEREAS, the City of Iowa City desires to review and assess existing water and wastewater data to develop water and wastewater rate design options; and WHEREAS, the CITY desires the services of a consulting firm to complete a Water and Sewer Comprehensive Rate Study; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with HDR Engineering, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with HDR Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Passed and approved this 20th day of ~LJ::ifL-. MAYOR ATTEST: ~..d4/) fl. ~ ClERK Approved by ,~ ,(~1e7 it A 0 ey's Office Pweng'reslHDRRes-OesignAgt.doc Resolution No. Page ? 07-<;1 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: 1[ x X x 1[ x x NAYS: Bailev ABSENT: the Resolution be Bailey Champion Correia Elliott. O'Donnell Vanderhoef Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 20th day of Februarv . 7007 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HDR Enaineerina. Inc, of a Nebraska corporation licensed to conduct business with offices at 500 108111 Avenue NE, Suite 1200, Bellevue, WA 98022, hereinafter referred to as the Consultant. WHEREAS, OWNER desired to obtain professional consulting services for a WATER AND SEWER COMPREHENSIVE RATE STUDY, hereinafter referred to as the "Project". NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The Scope of Services as outlined on the attached Exhibit A. II. TIME OF COMPLETION The Consultant shall complete the services described in Exhibit A by December 31, 2007. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability; age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. ....-------..-.-.---_.____.._____....__._.___._. ~M .,.___.___ _. '_ __.._____,____..,_.. ....__..___._..___.___.~._ ....._.... ____.___"~__._. ___ _ _ ,.. ______,.____...~.,_..__.___.__._._. ____.___ -2- D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. ----------.----- -" -_._--_.~--~-----_.._-_._---,--_._------,- ---..---.----.-.-"'.--.-- - 3 - O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Compensation for CONSULTANT'S services under this Agreement shall be on the basis of Lump Sum. The amount of the Lump Sum is Eiahtv One Thousand Dollars ($81.000.00). Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. Additional fee shall be added to the Engineer's compensation as optional tasks are requested. Option Tasks will be billed under Time & Material. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, th it is the entire Agreement, and that no other monies or considerations have b e solicited. FORT~ By: ( )~ Do.v~ p~ +f' !> TiUe: .5en.'<"/'Y v u. ?tes.'c/P..-r "' Title: MRvor Date: FebruRry 70. 7007 ATTEST:.~..#-v;J ~. ~~ Ci Clerk Date: i/18/?J 7 I Approved by: l~eZ; I /'ZPf /b7 Date pwlfonns\consagmlfnn ---,.- .------.-......- _._--_._---_._-~_._._.,,-----_._---_._----~,-_._---_._---.--...---...,-.--..---..---.-----.------.-.-.-..-...-_.__.._.~.._-------------_.._-_..- ATTACHMENT A SCOPE OF SERVICES Task 1-lnitial Kick-Off Meeting (Project Meeting) Objective: Bring the consultant, management and staff together, at the start of the project, to assure that all parties have a mutual understanding of the goals, objectives, issues, and concerns related to the study. The initial kick-off (project) meeting is important to the overall success of this engagement since it forms the foundation for the rate study process. This meeting allows both parties to discuss the overall goals and objectives for this study, along with any issues and concerns that either party may have. In addition, project scheduling and other administration issues will be discussed. It is proposed that the initial project meeting be approximately 4-hours in length. A pre-planning teleconference between the city and HDR project managers will occur to establish the agenda and pre-meeting data needs. Task 2-Data Collection Objective: Review and assess.the existing water and wastewater data, and provide a written data request detailing the data required to complete the study. The initial written data request details the data and information required to conduct the studies. HDR will provide a written data request prior to the initial kick-off meeting so that it can be discussed at the meeting and any problem areas can quickly be resolved. The data and information requested for this study should be, for the most part, readily available information (e.g. financial, statistical, customer, etc.). The data item that generally takes the most time to generate is the customer billing information (CF, customer accounts, meters by size, etc.). HDR will attempt to facilitate this process as much as possible. Important for the schedule of this project will be a summary of the utility service issues between the City and the University of Iowa and other large customers, that should be considered and clarification on the possible scale of wholesale water to others. As with any study, it is imperative that the data items be provided in a timely manner. A discussion/decision on the solid waste rate study should be made as it may make data collection simpler to complete all three utilities at one time. If the City decides to postpone the data collection for the solid waste utility, a future data request will be sent requesting the appropriate data needs. Task 3-Revenue Requirement Analysis Objective: Using a "generally-accepted" rate setting methodology, develop the water and wastewater revenue requirements for a projected jive (5) year time period. The analysis will utilize the utility specific capital infrastructure planning documents (e.g. Capital Plan/Master Plan), while ensuring adequate funds for operating and capital needs. The revenue requirement analysis will establish the cost-based 'level' of revenue to be collected from rates and, if necessary, a plan to transition rates to cost-based levels. . . "This task eonslilers the prudent and proper funding for O&M and capital d' " expen Itures", The development of the water and wastewater revenue requirement analyses is the first major analytical portion of the comprehensive rate study process. This portion of the study entails reviewing, for each utility, the various sources of funds (revenues) and comparing 1 ATTACHMENT A them to the applications of funds (expenses) for the utility. This task considers the prudent and proper funding for O&M and capital expenditures for each utility, and determines the need for any rate adjustments over the time period selected. Special operations or cost issues associated with large use/wholesale water and wastewater customers will be noted in the revenue requirement to cover such costs. A more detailed discussion of the various steps involved in developing the revenue requirement for each utility is provided below. STEP l-SELECTIONOF A TEST PERlOD- The first step in the development of the revenue requirement is the selection of a "test period". A "test period" refers to a time frame of reference for the accumulation of revenues, expenses, and consumption data. By reviewing costs over this extended time frame, the utility can begin planning for any major rate impacts on the horizon. At this time it would be recommended that the test period be from calendar year 2007 - 2012. STEP 2 - METHOD OF ACCUMULATING COSTS - Once the "test period" has been determined, the next decision is to determine the basis or method of accumulating costs. There are two choices for accumulating costs for revenue requirement/financial planning purposes; the "cash" or "utility/accrual" basis. Table 2-2 provides a simple comparison between these two "generally accepted" methodologies. Table 2-2 Cash vs. Utility Basis Comparison + Return on Rate Base (Investment) Revenue Requirement + O&M Expense + Taxes or Transfer Payments + Capital Projects Financed with Rate Revenues (;>: Depree. Exp.) + Debt Service (P+I) Revenue Requirement + O&M Expense + Taxes or Transfer Payments + Annual Depreciation Expense Two items should be noted from the above table. First, the terms "cash" and "accrual" used in the table are not the same terms used in the accounting sense. These terms, as used for rate setting purposes, relate to the cost components to be included within the revenue requirements. The second important point that should be made concerning the above table is that in practice, the "cash" basis approach is most commonly used by public (municipal) utilities for determining and setting their revenue requirements since this closely follows their budgeting process. At this time it is proposed that the "cash basis" approach be utilized in the development of the revenue requirement for each utility. The most appropriate methodology to be used will be finalized at the initial project meeting. STEP 3 - ACCUMULATION OF REVENUES AND EXPENSES - The next step is to develop the test period revenue requirement for each utility. A revenue requirement is composed of two major types of costs; operational and capital expenses. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for any known changes in operations (e.g. additional personnel, growth/expansion, etc.) While the projection of the operational 2 ATTACHMENT A costs is fairly straightforward, the capital cost projections are generally the focus of the analysis, and require more thought and planning. Within this study, the starting point for projecting capital costs (expenditures) will be the capital improvement plans for each utility, or any other relevant capital planning and capital budgeting documents, including the activities of the University of Iowa and other large users that may impact the City's capital planning directly or indirectly. In the financial planning process, consideration must be given to maximizing the capital improvements (expenditures) for the system, while minimizing rates to its customers. This is accomplished in a variety of ways. However, the most important aspect of this discussion is that there are multiple methods of financing capital expenditures, and it is through this process that rates can be minimized. Table 2-3 provides an overview of the capital planning approach that is used to develop a capital funding plan for the revenue requirement analysis. ". . . consideration must be given to maximizing the capital improvements (expenditures) for the system, while at the same time, minimizing rates to its customers. " Table 2.3 Overview of the Capital Planning Approach + Total Capital Projects- ./ Replacement and Refurbishment Capital Projects ./ Legally Mandated Capital Projects ./ System Growth and Expansion Capital Projects (including wholesale) Outside Funding Sources - ./ Capital Reserves ../ Grants ./ Low-Interest Loans (State and/or Federal) ./ Connection Fees/Contributed Capital ./ Short -Term Borrowing ./ Borrowed Funds/Long Term Debt (e.g. Revenue Bond) Capital Projects Financed with Rate Revenues (<: Depree. Exp.) The basic framework shown above is developed on a year-by-year basis for each of the projected periods of the water and wastewater revenue requirement analyses. In summary form, the general approach is to list all water and wastewater capital projects in each year, and then determine the various outside funding sources for each of the projects. These outside funding sources may be low-interest loans, grants, customer capital contributions, system development charges, etc. The balance of projects not funded by the available sources of funds must be financed from a combination of long-term debt and rates. It is the balancing ofthe use oflong-term debt to the impact upon rates, which is critical to the analysis. In balancing the use of debt to equity (rate) financing of capital projects, a number of financial planning aspects are taken into account. First, the utility's debt service coverage ratio is an important financial measure or indication of the utility's ability to repay debt. The strength of the debt service coverage ratio is a direct function of the amount of capital projects that are financed from rate revenues. At a minimum, we assume that a 3 ATTACHMENT A utility should fund an amount equal to or greater than the utility's annual depreciation expense for renewal and replacement capital projects. By following this simple financial rule, the utility is not only assured of a strong debt service coverage ratio, but also that existing plant in service will be maintained at acceptable service levels. By properly funding for this component of the capital projects, it should provide the utility with greater flexibility in its ability to borrow for capital projects. In summary, given a better understanding of the overall magnitude of the needed capital projects, a final revenue requirement (financing plan) can be developed which meets the goals and objectives for each utility, while attempting to minimize rates and costs over time. Task 4-Cost of Service Analysis Objective: Develop an average embedded cost of service study to equitably allocate the revenue requirements of each utility to the customers served by each utility. The cost of service will equitably allocate the operating and capital costs of the utility to the customer classes of service of each utility using a "generally accepted" cost of service methodology. The methodology allocates the total revenue requirement of the utility to the various customer classes of service, in a manner that reflects a class' proportional benefit (usage) of the system. The premise of a cost of service is that the rates charged should closely approximate the costs associated with providing the service. STEP 1 - DETERMINATION OF CUSTOMER CLASSES OF SERVICE - The first step in the cost of service is identification of the customer classes of service that will be used for purposes of establishing cost allocations and rates. The process of establishing classes of service is to group customers with similar usage and/or facility requirements. The study process includes reviewing the utility data and information to determine the most appropriate classes of service for cost allocation purposes. A starting point in determining the customer classes of service for the analyses will be the utility's current rate schedules. The classes of service for each utility can be reviewed and finalized during the initial project meeting. STEP 2 - FUNCTIONALIZATION AND CLASSIFICATION OF PLANT AND EXPENSES. -The next step in the cost of service analysis is to functionalize the plant in service and expense data. Functionalization refers to the arrangement of cost data into its basic cost categories (e.g., for the water utility, source of supply/production, treatment, transmission, distribution, etc.). This task is simplified greatly through the use of a uniform system of accounts. Given functionalized costs, the costs are then classified to their various cost components. Typical cost classifiers for each utility are summarized in Table 2-4. 4 ATTACHMENT A Table 2.4 Typical Cost Classifiers Watefutility )", ,.. ....... . WlI.stewaterUtilil:y. . .... v' Commodity v' Volume v' Capacity (Peak Requirements) v' Strength (BOD/TSS) v' Customer v' Nutrient Contribution (Phosphorus, Nitrogen) v' Fire v' Customer v' Revenue v' Revenue While the basic cost classifiers noted above for each utility are the cornerstone to the analysis, they arc by no means the only cost classifiers to be utilized for each of the utility's. A thorough review of the various types of costs incurred for each utility will be undertaken and specific cost classifiers developed. This again is where the costs associated with serving the City's large use or wholesale type customers, and the type of service provided, will l,'Uide the analysis. A decision will need to be made on how to assemble the cost associated with these types of customers, and alternative approaches developed for the City's review and decision. When the costs are understood, it is possible to determine the most appropriate and equitable method to recover those costs. This may be through continuity of the current cost recovery method, or through a new set of fees and charges. STEP 3 - ALLOCATION OF EXPENSES - The next analytical process involved in each of the cost of service analyses is the allocation of the utility expenses to each of the customer classes of service. Allocation factors will be developed for each cost classifier identified in step 2 for the eventual assignment of costs to specific customer classes. In developing the allocation factors, HDR will develop factors that are "fair and equitable" to all customers, and rely upon City-specific data where available. One of the concerns of this study will be incorporating customers that have reduced strength levels, or have high strength levels when developing the wastewater strength related allocation factors. Another factor is special treatment and removal of costs associated with the medical and scientific research facilities. Some expenses may be assigned to a "special charges" category rather then be included in the use charge. STEP 4 - SUMMARY OF THE COST OF SERVICE - The final task allocates the expenses to each class of service. From this process, a summary page of the cost of service study for each utility is provided. The summary page for the cost of service study compares the difference between the current level of rate revenue received from each class of service, and the allocated cost to serve each class. The cost of service will also provide average unit costs, which are important to the development of final rate designs. The development of average unit costs will provide cost of service based rates, for all water and wastewater classes of service. Task 5-Rate Design Analysis Objective: Utilize the cost information developed as a part of the previous tasks and develop water and wastcwater ratc design options for possible adoption. Review any 5 ATTACHMENT A alternative rate designs that meet the rate design goals and objectives of each utility (e.g. conservation, revenue stability, etc.). Consider a "special charges" category to recover unusual or unique costs. A starting point for the water and wastewater rate design process is understanding the rate design goals and objectives of each utility. These objectives may include ease of administration, simplicity, revenue stability, efficient use, etc. In designing rate alternatives, consideration must be given to two elements of the rate design process; level and structure. Level refers to the amount of revenue collected from a class of customer, whereas structure refers to the way in which it is collected. As a part of this task, the present rate structures will be reviewed to ensure that they conform to contemporary rate-setting goals and objectives. HDR will review the rate objectives of the utility and provide up to two (2) rate alternatives, for each utility, which will meet those objectives (e.g., revenue stability, conservation, etc.). In designing the alternative rate options, the cost of service information and average unit cost information for each utility will be used as a starting point. If needed, a transition plan will be developed to minimize the impacts to customers during the rate transition period. In addition, the information developed in the cost of service analysis will be used to develop fee schedules for future wholesale or retail customers For each rate option developed, a bill comparison will be provided to demonstrate the impacts upon a customer's bill at various levels of consumption. In addition, the rate alternatives recommended will be checked to ensure adequate flow of funds to cover the financial requirements identified within the revenue requirement. HDR will also provide a comparison with other surrounding utilities. Task 6-MeetingslWorkshops/Public Presentations Objective: Provide effective public presentations of the findings, results, and recommendations of the study. The overall quality and value of a rate study is often measured by the quality of the public presentation process. The ability of the consultant to present this technical material in a manner that is easily understandable to the <Lii policymaker and public is paramount. HDR excels in f''!f~~(Jv~,,~ll.q,~~lityQ.?d this aspect of the study through the ability to take very I.. .. '?!Blff~~l'a,.r:Q.f~~tU,~YlS technical information and explain it in a simple and .(j!f.~~ltf~9~tl.t;l!~(~J'tl1~ straightforward manner...lJ,u~!cifJ'<~JJ~"'~tlblic . .PI'.~~I}1tt(ttitJ.ttl!r(Jcess." HDR has used the followmg meetmg approach .. '. . .... successfully in the past to communicate rate study findings and obtaining policy direction at key milestones of the project 6 ----~---"-_.~-_.__._-_._,-~-,._..-----_._-"_.__.------,--_._-------_._~_.- ATTACHMENT A ./' Meeting 1 - Rates 101 workshop - This workshop would provide an overview of the rate setting principles and methodologies to be used in this study. Generally in attendance are the policymakers which could include senior staff and/or council members and other key staff and possible other stakeholders. Ideally, this meeting would be scheduled to correspond to the initial project meeting (Task 1). ./' Meeting 2 - Workshop to discuss the results of each utility's revenue requirement and cost of service. From this meeting, HDR would gain policy direction as it relates to moving forward with development of alternative rate designs. ./' Meeting 3 - Finalize the revenue requirernent and cost of service analyses and review of the various alternative rate designs for possible adoption. The meeting would identify the preferred rate options to present at a final public hearing. ./' Meeting 4 - Public hearing on rate study process and the proposed water and wastewater rates. Throughout this project, HDR will schedule, as appropriate, project meetings with staff to keep them abreast of the progress of the study and to assure that the assumptions and methodology used within the study are consistent with the project goals and objectives. Task 7-Written Report of Findings and Recommendations Objective: Provide a written report. to summarize the findings, conclusions, and recommendations of the water and wastewater rate study. Upon completion of the rate analysis, a draft written report of the rate study will be provided. The written report is intended to be comprehensive in nature and document all of the activities undertaken as a part of the project, along with our findings, conclusions, and recommendations. All of the technical analyses undertaken as part of the study are included within the draft and final report. Three (3) copies of the draft final report will be provided for review and comment. Five (5) copies of the final report will be submitted unless otherwise noted. Task a---Computer Models Objective: Provide a copy of all models developed as a part of this study. The financial/rate model developed for the City will be provided at the:: end of the study. The model will be developed using the Excel spreadsheet program. The models developed by HDR are non-proprietary and are developed "from the ground up" for each client to take into account the specific and unique characteristics oCtheir utility and system. As the model is developed, HDR will work closely with City staff to provide a model that is easy to use and understand. Task 9 -Users Manual/Model Training Objective: Develop a users manual for both the water and wastewater cost of service models. In addition provide up to one (1) day oftrainingfor City staff. 7 ___.._~~__"_____.__"M ________."___.___._.___._~~___ ATTACHMENT A The finaneial/rate model developed for the City will be provided at the end of the study. The development ofthe users manual will complement the model developed for City staffs use for futnre updates. A one-day training session will be provided to educate City staff on the model assumptions, inputs and how to change variables and run alternative scenarios. A user's manual will be provided to document the training session in addition to calculation and formula descriptions or any other feature that needs to be known in order to use the model. . Project Time Schedule A rate study of this complexity generally requires 16 to 36 weeks to complete, depending upon a number of factors. These factors include the amount of time required to collect the necessary date, the ability to schedule meetings in a timcly manner and, most importantly, receive policy direction from the policymakers and/or management during key milestones of the stndy. A schedule was provided which outlined the estimated timing of the rate studies. 2 Rate Data Collection 4 of Analysis 6 8 Models The scope of service, schedule and example budget has provided a detailed discussion of our approach and methodology in completing a comprehensive water and wastewater cost of service rate stndy. OPTIONAL TASKS - A The following tasks will be provided to the City on a time and materials basis if requested. Task 10 - Additional Stakeholder Meetings Objective: If requested by the City, HDR will provide additional meetings with key stakeholders in the City's rate analysis to assist in understanding the assumptions, results, and impacts of the final analysis. HDR will provide as needed additional meetings as needed with key stakeholders in the rate study process. These meetings will be outside of the currently proposed 4 meetings noted in Task 6. 8 ATTACHMENT A Task 11 - Wholesale Contract Negotiations Objective: Provide as needed support to the City in the development of wholesale contracts and negotiations. As part of the rate analyses, the City has requested wholesale rates be developed for possible negotiations with surrounding City's or other large user customers. During this process the City's management team may requires technical support to complete those negotiations. All work conducted under this task will be at the direction of the City management team. Task 12 - Other as Assigned Services Objective: Provide as needed services upon request. During the course of the analyses the City may request HDR to provide additional services related to rates, or other engineering aspects. These tasks can be billed on a time and materials basis under this contract. 9 f\l\L-O ~ Prepared by Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356-5232 RESOLUTION NO. 07-')4 RESOLUTION OPENING CERTAIN CITY PROPERTY TO THE PUBLIC, DEDICATING SAID PROPERTY AS PUBLIC RIGHT-OF-WAY AND DESIGNATING SAID PROPERTY AN ALLEY. WHEREAS, during the urban renewal of downtown, various properties were acquired by the City and reconfigured for the purposes of public improvements and sale for redevelopment; and WHEREAS, in Block 64private property was acquired and the block was reconfigured for construction of a public parking ramp and the creation of two redevelopment parcels; and WHEREAS, the previously platted alley in Block 64 was eliminated and a non-exclusive access easement was created across one redevelopment parcel to provide access to the other; and WHEREAS, a portion of the non-exclusive access easement is legally described as Auditor's Parcel No. 2002066; and WHEREAS, the easement document adopted by Resolution 84-222 contemplates the future designation of the easement, in whole or in part, as an alley; and WHEREAS, the maintenance responsibilities of the non-exclusive access easement are stipulated within an agreement between the City of Iowa City and the redeveloper of Urban Renewal Parcel 64-1a as adopted by Resolution 02-253; and WHEREAS, it is in the public interest for Auditor's Parcel No. 2002066 to be opened to the public, dedicated as a public right-of-way and designated as an alley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Auditor's Parcel No. 2002066 is hereby opened to the public, dedicated as public right-of- way and designated as an alley. 2. As per the agreement approved by Resolution 02-253, the Redeveloper of Urban Renewal Parcel 64-1 a shall continue to be responsible for clearing any snow, ice and/or other debris upon the alley legally described as Auditor's Parcel No. 2002066. 3. The City Clerk is hereby authorized and directed to record this resolution in the office of the Recorder of Johnson County, Iowa at the City's expense. Passed and approved this 20th day of Februarv ~ ATTEST: ~~A~~ ~ CITY ERK ~-uJ ppddir\res\aud~orparcel.doc Resolution No. Page ? 07-04 It was moved by Bailey and seconded by Correia adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Age 1 aT 1) fEE 10".!' FILED ND. O(jti618 BDDU/'l_.P^r.E-.1R- 02SEP 16 PH I: 48 .JOHP.50H CJu,: I Y ;;:CORDER IOWA CITY. IOI'!A PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 PLAT OF SURVEY AUDITOR'S PARCEL NO. 2002065 AND 2002066 IOWA CITY, IOWA LEGEND AND NOTES L[GALO[SCRIPT\ON . I "'cAUDlTOR'S IPARCEL 20020651 .... :~A =:0914 :R~ I I . ."~~ . 6ct~ A\..DITuf("S ~Ai<aL NO ~ot' 'Y(j1-'" FUT e><j"" '7, PA0E 2BB I ~ . o -COO~ONo\J.CORNER.fOUNO -CONIlRESSONo\J.COIlIER,REE$TASU91ED _CONGRESSIOIIALCORNER,IIECOlIOEOlOCA1\ON _Pll~TTCORNER(S),fO.JNO(g.n"lod) _PROPERTTCOAAEIlSSET (5/8" Irv> Pin ...t. )'011....., p1g,U~ l.S C<lp ....b".....wltbt.ll.tS") : ~ttl: ~~AR~~~$ ----------RICHT-(If-WAYUNtS ---CDIletUMES _ I.OTUHE5, ,nEAN,o.I. _ ~OT UNts, P\..I..Tltl> CfI BY CaD ___________________ _ tASEMDlT UNES. Mllll It PURf'OSE NOTtO -.----._EXlSllNOE...S&lENTUN~ PURPO$[H01[D 111) _RECQRDEODIoIEN$IONS 1Il} -Wu.suREDO"'ENSlOH$ C2-1 _tuR'ot:SEOhIENTN\NllER IIIlmIlOJEDOlllERWlSt, /UCIlIIDB(IlS.lAEtI m:T .0110 N\IIIlIIOl\ll$ ERROR << CLOSURE IS LESS THAN 1 FOOT IN 20,000 FUT PROPRlETOR: SURVEY REQUESTED BY: DATE OF SURVEY: CITY OF IOWA CITY KARIN FRANKUN AUGUST 21 2002 IlIIttb,urtJljI!hgttbltlond_,..,td_t..."......"'..d Ihcrfttod".."'y...........pttfatmMbyln...."""""IIIy...1 pwHllaI..porMlan...dlltatlllOl\"W1yllc...odL<<odSurwl'Of unk \/t.I...... oIl/te SllIlG "r I....... ,~l~ D. IT) II. "'_L...... A--2.6 zo1L~ OlIN 0. IIDSNER. ".E. It L.s. I.... lie. N... Sl'~ ....l'lIeon.......wal d.to. It Doc...'" 31,100~ .............._eo_bl'lIllo.....' ..., (NOIH'H UNE, 6LOCK 64, ORIGINAL TO'NN, IOWA CITY, .OW....) Itfi $; " <- . ii''! I <J.T"o.~ i?~1 I !:J~ I t/{ I L4,Z I j"~~ .. i; .. ~ . 8 ~ ~ A portion of Bloek 61t of the o..191nol Town. lowo City. 10Vlo, the boundorlu of whieh ore described osfollowr. NJClTOR'S PARCEL 2002065 / 6eginnlng at the Northeast corner of Block 64-, Original Town, lowo City, lowo: Thence SOO'07'00"[, clong the Eost line of $oid Block 64, 0 dlstcnes of 179.13 feet to Ill. Northeost corMr of on amended easement ogre~ent rtl~grdtld In Book 72.5 ot Po~e 327 In the records of the Johnson County R.corder; Thence SB9'SJ'OO.W, olong 0 rlorther1y llrle of 50id omerlded eosemerlt gqreement ClJ\d it. weslerly ed'rlGlon thereof, 222.00 fe.t 10" politI on the ,a.terly 11rI.. of a parcel of lorld described In 0 quit claim deed recorded In bOOk 1320 at poge 5 In soid Recorder'. rtlcords; Thence NOO'07'00.W, 410n9 sold easterly line, 179.54 fnt to the Northtlost corner of loid porcel: Thence NB9'59'2.0"E. olong the rlortherly llno of .oid Block 64. 0 distance of 222.00 feet to the Point of Be~lnnlng, contolnln9 0.914 acre and at.lbject to aosemenlD and re.l.rlcllon, gf r.cord. AUOlTOR'S PAReD. 2002068 Commllllcing ot Ihe Northllast corollr of Block 64, Orlglnol Town, lowo City, lowc;t; Thence 5oo'07'OO"E, <llong the Eo,t I1ne 01 sold Block 64. 0 dl.tone. of 179.13 feat to the NOl'theost eomer of on amended ,oum"l"It ogreement reeorded In Book 72~ al Pog" J27 In the recgrd$ of the John8Ofl County Recorder ond the Point of Beglnnln~; Then" continuing 500'07'00"E, <>long soid ea" I1ne, gi;So:',~~o ci~; ::.c~~:o~~~~~~eo:e:O~a~I"~~!~, ':.~~G~~e~C~:~~ ~~ :fe ,~f~t~::~d~c:n:~:n~~ o'ilrtent'"t ond U.., northerly buttdln'll f"u of IGId pQf\<ln'il romp, 20.04 fNt lherlC" SOO"04'14"W. 0100<;1 ,gld southerly lin.. and $<;lId northerly bunding foe., 3.30 feet; Thllllee NS'il'$5'47"W, olO/'lg ,old ,outnerly line and eoLd northerly buldlng foee, 201.95 reet to the Southeo,t corn... of 0 parcel of land de.eriblld in o quit clolm detd recorded in Book 1J20 ot Poge 5 In .old Recorder'. record.; Thence NOO'07'OO"W, IIlong tho eo.ter!y line of ,old parcel, 20.00 feet; Thence Nag'53'OO"E, 222,00 feet to the Point of - -:::'o~;,::: _._._~.~ I ... ~ I [bll;;;;;;;; ~ ~.OO'025SO GRAPIDCSCAlEfflJm 1'=50' PEOESTRIAN MALL (FORMER COLlEGE ST,) 1\ PCMNT OF' 8EGlNHING (AUDITOR'S PARCEL 2002065) (NORlllEASTERLY CORNER, IBLOCK 64, ORIGINAL mWN, I"WA CITY. IOWA) , LOri ! ~ ~ . , w 8 ~ ~ tIl Z z ::l . . ~ :N89'5.:5'00"E J .::'1'::5o'0(1''7.''.,:,:,:~ _ ~3::,2i:~~~,~1~;~:t~ ~'i::2 ~:~: :~~p.#.8ft~:::r.~9.~t~~~~.€~~~6'J~Y ~"~}~{i~~~~:~t -I- (EAST UNE, BLOCK 64, OR~NAL TO'NN, IOWA CITY, lOW....) IpONT Of ""NNINe (AU01TOR'S P....RCEl 2002066) INE CORNER r:K AN AMENDEO ACCESS EASEMENT (RtSOLUnON 84-122) NORTI-lEAST CORNER OF' CITY Of IOWA CITY PARKING RAMP LOr . i CITY OF" IOWA aTY PARKING R....~P LOr; I I I I AMENDEO EASEMENT AGREEMENT RECORDEO IN SOOK 725 AT PACE 327 IN l'HE OFFiCE or THE JONHSON COUNTY RECORDER LOr' 1 ~ [ . SheelT1lle: PLAT OF SURVEY I . 0 ~ ~l i -.!t. . . AUDITOR'S PARCEL NO. 2002065 AND 2002066 MMS CONSULTIJiTS , INC i 0111I oc- ,"' .- . ~i.N ~ PrOJect ntle: 10WQ City, 10WQ (319) 3S1-6262 ~ I . - l!1 1: o ~~ A REPLAT OF AUDITOR'S PARCEL 97013 . o. . '" Oulgnedby; C1teckodby; ~ ..... a- TO I01lA CITY, JOHNSON COUNTY, I01lA GOM GOM C:\S600\6613001S.0WG 08/211/02 06:31:53"'~ COT If '1 1V1.~ ~ Prepared by: Kimberty Sandberg. 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5139 RESOLUTION NO. 07-55 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT, INC. TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, ACT, Inc. desires to install a buried conduit system containing a fiber optic telecommunications cable w~hin C~y of Iowa City public rights-of-way; and WHEREAS, it is in the pUblic interest to enter into an agreement with ACT, Inc. concerning the construction work and the responsibility for the installation and. maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and ACT, Inc.to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at ACT, Inc.'s expense. Passed and approved this 70th day of Fphrll~ry ,2007. ~A MAYOR ATTEST:~-A~/) ~. ~) CI LERK ~1""/U7 8 Resolution No. Page 2 07-55 It was moved by V~nMrhnef and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AN AGREEMENT BETWEEN THE CITY Of IOWA CITY, IOWA AND ACT, INC. fOR USE Of PUBLIC RIGHTS-Of-WAY fOR THE INSTALLATION, OPERATION AND MAINTENANCE Of A fIBER OPTIC NETWORK. SECTION 1. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public-owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean ACf, Inc. and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distanc.e above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the 1 issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network Shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any publiC property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDmONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECITON 9. ABANDONED FACILmES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECITON 10. POWERS OF City of Iowa City Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECITON 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECITON 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default'~, the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: Assistant VP Central Services ACT, Inc. 500 ACT Drive Iowa City, IA 52243 Provided, however, that in case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this ~ day of r: Co b..,,_~.:rv CITY OF IOWA CITY / ~l~:O~ Ross Wilburn, Mayor .2007. ACT, INC. BY:~ 1- -;<1&- ( Print Name: 7U()M 19-5 ::r. S7/f'~ vE Attest: ~ il. ~ City erk Approved by: ~~ .{;X; ~/+/tJ? c(ty ttorney's Office 6 CITY OF IOWA CITY ACKNOWLEDGMENT ) ~ SS: On this ..(1Z... day of h b ". 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, persona appeared Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by e duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as cOJltajned in Resolution No. 07 - 55 and passed by the City Council, on the ~1J day of h k.1"1l~ . 2007, and that Ross Wilburn and Marian K. Karr acknowledged the execution said inst ment to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. STATE OF IOWA JOHNSON COUNTY ~~~ Notary Public in and for the State of Iowa My commission expires: ~/}/ ~oo, ( NETWORK ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1!f!!!.... day of h.~ ' 2007, before me, the undersigned, a Notary Public in and for the State of wa, in and for said county, personally appeared 1"J........ ..1. Sw..-.. , to mil personally known, ~b.q being by me duly sworn did say that that person is the .4-....+ Y'_ P...s-!L.. 1"- ""'1IIs,,"'llfsaid corporation and that said instrument was signed on behalf of the said corporation by authority of its board of directors or trustees and the said -n... -. c .\. S..,...-. acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. j... RONALD R. KNOCHE I . ~ Commission Number 193076 .' . IA)6COMM1SSli.': EXPIRES ir .20. CO, -r:._,-<~,d. Notary Public in and for the State of Iowa My commission expires: IO.2.o.200~ U:\PW\STAFF\Kim J\ROW Agreemenls\Temporary - Fixed\Fiber Optic\ACT.doc 7 lOAN AVE ACT Main Campus €>\... \Ie>. ~ HERBERT H w > <( l- lL <( I- l- f/) 0:: G:: ~t..S\t..~ 1>- ~OC u. L - w > <( F z w > w Ul COURT ST ~ ~ COURT ST / -, 1\ r l .J MUSCA TINE AVE -'lA.(~1t ~C-'l..v r- !..~GIO..v FrD J FIBER OPTIC ROUTE I- Ul W 0:: o :< <( (J >- f/) ~ <( l- lL <( I- McCarrel Center IOWA CITY 420TH ST ACT Fiber Optic Location Map EXHIBIT A ENGINEERING DIVISION Jl0 AN AGREEMENT BETWEEN THE CITY Of IOWA CITY, IOWA AND ACT, INC. fOR USE Of PUBLIC RIGHTS-Of-WAY FOR THE INSTALLATION, OPERATION AND MAINTEN CE Of A fIBER OPTIC NETWORK. SECTION 1. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, ere appropriate, shall include its officers, employees and age ts. b. "Public Improvements" shall ean any publicly 0 ed improvements on public property, including but not limited to pa ing, sidewalks, gra s, vegetation, trees, street lights, traffic signals, water mains, sewers, ectrical transmi ion lines and equipment related thereto, cable and telephone lines and eq ipment relate thereto. public land and rights-of-way, d. "Network" shall mean ACT, Inc. and II include equipment owned, operated, leased, or subleased in connection with the 0 ration of the network, and shall include cables, underground conduits, hand holes, va ts fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a Iicen to construct, aintain, inspect, protect, repair, replace and retain communications system in under, upon, alo and across the public property shown and identified in Exhibit A hereto, s bject to the regula ry powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION REPAIR, EXTENSION OR PANSION OF THE NETWORK Before commencing any ension or expansion of its sys m, or any major repair work or the installation of any new system in the City, the Networ shall file with the Public Works Department of the City written statement verifying the pu lie property under which or upon which the Network pr poses to extend, expand, install or re air its system. The Director of Public Works may re uire the statement be accompanied by a map, plan or specifications showing the propose location of the system components with re erences to streets and alleys, existing public utili es, the size and dimensions of all facilities, and the distance above or beneath the surfac of the ground proposed for repair or installatio If the proposed locations of any facilities s II interfere with the reasonable and proper use, c struction, reconstruction and maintenanc of any public improvements or any existing City-owed public utility system component, or ther structure upon or under public property, the Directo of Public Works shall, within reason Ie time after the filing of such plan, map or specificatio~!;, note the changes necessary to liminate interference with a public improvement or existing City-owned public utility syste facility and refer the same back to the Network for amendment. Any such review, approval 0 amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or s ecifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the 1 issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF In the process of location, construction, r onstruction, repl cement, or repair of any system component, the excavation or obstruction made or placed in ublic property at any time or for any purpose by the Network shall, to rotect the public nd assure the safe and efficient movement of traffic, be properly barrica ed to comply, at minimum, with requirements set forth in the Manual on Uniform Traffic antral Devices. I pavement taken up or damaged shall be properly and speedily replace in accordance with the City's regulations, City's Municipal Design Standards and Standar constructio~n, pecifications, and warranted for a period of five (5) years. As a condition to he use of p lic property, the Network shall, at its own expense, repair or cause repair to an private pr perty public utility system component, public improvement or public property dama ed by sl!th location, construction, reconstruction, replacement or repair work. If the Networ fails t9 repair or arrange with the City for the proper repair of any public property after exc vatiqhs have been made, and after thirty days notice in writing to do so given to its designate r~presentative, then the City may make such repairs at the expense of the Network. / SECTION 5. EXCAVATIONS j , .I The Network is authorized to make excav&tions in City streets, avenues, alleys and public property for purposes of routine repair, repJilcement, nd maintenance of wires, lines or other system components associated with th~' twork. In aking such excavations, the Network shall obtain a permit pursuant to City rdinances an Regulations, shall not unnecessarily obstruct the use of streets, avenues, a eys or public p ces, shall provide the Public Works Director with twenty-four (24) hours no. ce prior to the act al commencement of the work, and shall comply with all City provisions, ttquirements and re ulations in performing such work. However, three (3) day notice shall 6e provided to the P Iic Works Director for any work requiring a street closure or detour. jIn emergencies which r quire immediate excavation, the Network may proceed with the work/without first applying for 0 obtaining the permit, provided, however, that the Network shall 'lPply for and obtain the pe it as soon as possible after commencing such emergency wor~. Excavations shall not remai open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If/the Network fails to comply with the rovisions of this Section, the City may repair or restore the public property to a condition as goo as the condition of the property prior to the disturba~ce by the Network. The Network shall ay the costs of such repair or restoration. The N~twork shall pay to the City its costs and c arges for such work within sixty (60) days after receipt of the City's billing. \ I SECTION 6. WORK BY 01'HERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS I \.. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this C1greement shall be construed to relieve other persons or corporations from liability for ..damage to the Network's facilities. The requirements of th s agreement shall apply to all persons, firms or corporations performing work for the Network der a contract, subcontract, tirj1e and materials arrangement or other type of work order. J I I I SECTION 8. CONDmON OF STREET OCCUPANCY I I ! The fiber optic cable system and other compone1s of the facilities erected by the Network within the City shall conform established gradei of streets, alleys and sidewalks, and be so located as to cause minimum in rference with th~ rights or reasonable convenience of property owners who adjoin public prope . ! The Network shall conduct its work ereunderAn such manner as to cause as little interference as possible with pedestrian and vehic ar traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. . The Network shall, upon reasonable notic . and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under;! blic property in such manner as the City may at any time require for the purpose of facilitati)"ig t e construction, reconstruction, maintenance, repair or change in grade of any public imprq\teme on, in or about any such public property, for the purposes of facilitating the vacation aildjor re velopment of public property or public right-of- way by the City. In the event the N'etwork fai to act within a reasonably allocated time, the City may cause the Network facilit;les to be rei ated, and the costs thereof shall be to the Network and shall be paid as proVided in Sectio 5 hereof. Claims for delay of work from contractors employed by the City that are a re It of Network's failure to act within a reasonable time shall be the responsibility of the Ne rk. In the case of Public Works projects, reasonable time shall be defined as the six week period om the date of the public hearing. The Network shall not place its facilities in the public pr erty where the same will interfere with the normal use or maintenance of any public improv ent, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sew ,storm sewers, storm drains or water mains, electrical transmission lines or any public utility f i1ity. Network shall maintain a five (5) foot minimum horizontal clearance from any public utili including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall ot place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground cilities which are part of its system. Such assistance will be provided in a timely manner, but n more than forty-eight (48) hours after the time of request. As a condition of this agreement t Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free tOne-Call" number. l Installation, repair, or -replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION g. ABANDONED FACILmES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, han ales, vaults, overhead facilities and equipment related hereto from the right-of-way as requi ed in conjunction with other right-of-way repair, excavation or construction unless this quirement is waived by the Director of Public Works. SECTION 10. POWERS 0 City of Iowa City Nothing in this agreement sH II be construed to abridge the right or power of the City to make further regulations relative to e use of the streets, alleys and public property by anyone using the same for the installation a d maintenance of utility systems, including, but not limited to, fees for use of public property. ny such further regulations shall apply to Network and to this agreement. Upon completion of the work, the Ne ork shall promptly furnish to the City copies of "as-built" plans related to its facilities located on ublic property. The Network shall keep complete an accurate maps and records of the locations and operations of its facilities including bu d abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that violation or breach of this agreement is occurring or has occurred or that a violation of c es or ordinances lawfully regulating the Network in the operation of its facilities or the ma er of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a defaul exists or has occurred, the City may take appropriate steps to secure compliance with the term of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, nd the Network shall cure such default within thirty (30) calendar days after receipt of such not e; provided, however, where any such default cannot reasonably be cured within such thirty ( ) day period, and Network shall proceed promptly to cure the same and prosecute such cure ith due diligence, the time for curing such default shall reasonably be extended for such p iod of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or odes or ordinances lawfully regulating the Network in the operation of its facilities is an immedi~te danger to public health, safety or ~fare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy t default by doing the act itself, or through a contractor, and charge the costs of su h work to the Network; or Hi. iv. SECTION 13. LIABILITY, I DEMNIFlCATION AND INSURAN The Network covenants to demnify, defend and save e City and its officers, agents and employees, harmless from an and all damages arising irectly from the exercise of the rights granted herein. The Networ agrees to require co actors and subcontractors engaged in work for the Network within t e public right-of-way, or public property to maintain insurance coverage during the term of th ir work and to pr ide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY / In the event a court of competent ju 'sdi ., n shall adjudge any provision or provisions hereof invalid or illegal, or direct a change b e Network in any matter or thing herein contained, such invalidity, illegality or change sha be deemed severable and shall in no way affect the remaining provisions of this agreeme r their validity or legality and this agreement in all other respects shall continue in full rce nd effect as if said provision or provisions had not been so adjudged invalid or illegal, r such hange had not been directed. At the City's option, and upon a court's ruling of inva Clity or il gality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT , Neither party shall assign %therwise transfer t 's agreement or any of its rights and interest to any firm, corporation o~lndividual, without the p ior written consent of the other party. SECTION 16. TERMIN~ON OF AGREEMENT AND V CATION OF STREETS AND ALLEYS j j The City may termin,ate this Agreement at any time u on thirty (30) days notice provided to Network, if the Ci~/determines that the property or pu Iic right-of-way is needed for a public purpose and should be cleared of any and all obstructions When not in conflict with other City purpose, need o(use, as long as the Network exercises th rights granted to it hereunder, the City will not, by/ordinance or otherwise, vacate any street, a ey or public property in which the Network has installed its facilities without reserving such righ as necessary to allow continued use of such [property for the said facilities in accordance wit the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: \PUbIiC Works Director City of Iowa City City Hall ~1O E. Washington Street !pwa City, IA 52240 \ If to Network: As istant VP Central Services A Inc. 500 CT Drive Iowa 'ty, IA 52243 If to City: Provided, however, that in case of n emergen ,notices may be given verbally to the above- named persons. In such case, wri n confir ation should be provided. Nothing contained herein shall prevent other forms of n tice if ctually received by addressee. Notice shall be deemed given on date of mailing in cas of rtified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION / , / This agreement shall be recorded in the John on County Recorder's Office, at Network expense. City Clerk Dated this _ day of CITY OF IOWA CITY Ross Wilburn, Mayor Attest: Approved by: atyl!~ '2/;4/07 . / I I 6 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) 55: JOHNSON COUNTY ) On this _ day of . 2007, before me, the unde . ned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and M ian K. Karr, to me personally known, and, who, being by me duly sworn, did say that the are the Mayor and City Clerk, respectively, of said municipal c poration executing the within nd foregoing instrument; that the seal affixed thereto is the seal 0 said municipal corporation; at said instrument was signed and sealed on behalf of said corporatl n by authority of its City uncil, as contained in Resolution No. and passed by th City Council, on the day of . 2007, and that Ross Wilburn and Marian . Karr acknowledge the execution said instrument to be the voluntary act and deed and the vo ntary act and d d of said corporation, by it and by them voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of 2007, before e, the undersigned, a Notary Public in and for the State of owa, in and for id county, personally appeared to me personally kno ,who being by me duly sworn did say that that person is the of said corporation and that said instrument was signed on half of the said corporation by thority of its board of directors or trustees and the said ack owl edged the execution of said instrument to be the volu tary act and deed of said corporation by it voluntarily executed. i , . , My commission expires: ! i U:\PW\STAFF\Kim J\Rcjw Agreements\Temporary - Fixed\Fiber OpticlACT.doc i-- 7 >. ACT Main Campus ~ ~ <( HERBERT H I- en a:: ~ w > <( I- ~ <( I- u' - L w > <( i!: z w > w V) COURT ST ~ ~ / ..., lOAN AVE r l ..J I I .~ .4A1.s ITtC.4/y (~GtO/y f?D r- . FIBER OPTIC ROUTE l- V) w a::: o ~ <( ~ en / / / f { McCarrel Center ~ <( I- ~ <( I- ENGINEERING DIVISION 420TH ST ACT Fiber Optic Location Map EXHIBIT A IOWA CITY ~ NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: AIRPORT ZONING BOARD OF ADJUSTMENT One vacancy - Unexpired + 5-yr Term Ending December 31,2011 The powers and duties of the Airport Zoning Board of Adjustment are: 1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Airport Zoning Chapter. 2. To hear and decide special exceptions to the terms of the Airport Zoning Chapter upon which such board is required to pass under the Airport Zoning Chapter. 3. To authorize upon appeal in specific cases such variance from the terms of the Airport Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Airport Zoning Chapter will result in unnecessary hardship, and so that the spirit of the Airport Zoning Chapter shall be observed and substantial justice done. Iowa City-appointed members of boards and commissions must be eligible electors of the City of Iowa City. The Board meets at the call of the Chairperson. Applications must be received by 5:00 p.m., Wednesday, February 14, 2007. The City Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at City Hall, 410 E. Washington Street. Application forms are available from the Clerk's office upon request or on the City website at www.icgov.org. Questions about the Johnson County/Iowa City Airport Zoning Board of Adjustment should be directed to Randy Hartwig, Airport Commission Chair at 337-2101. M~ ~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 07-56 RESOLUTION EXTENDING THE DEER TASK FORCE FOR ONE (1) YEAR AND RESCINDING RESOLUTION NO. 04-225. WHEREAS, Resolution No. 98-87 approved a long term deer management plan that referenced the formulation of a citizen committee to assist the City Council in implementing said plan; and WHEREAS, Resolution No. 01-80 established the Deer Task Force and also provided for the Deer Task Force to sunset on March 15, 2004; WHEREAS, after the Deer Task Force did sunset, Resolution No. 04-225 re-established the Deer Task Force and also provided for the Deer Task Force to sunset on March .15, 2007; WHEREAS, the Deer Task Force at its meeting on February 6, 2007 voted to recommend to City Council that that Deer Task Force be extended for another three (3) years; WHEREAS, City task forces are generally of limited purpose and duration, in contrast to boards and commission, which are more formal and permanent; and WHEREAS, the Deer Task Force still remains necessary to address issues and concerns relating to the long term deer management plan, and it is in the public interest to continue the Deer Task Force for one more year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Deer Task Force shall fulfill the requirements assigned to the Deer Committee in Resolution No. 98-87. The Deer Task Force will continue to be comprised of nine (9) individuals representing the following categories: Two Animal Welfare Advocates, One Gardener, One Hunter; One Biologist/Scientist; One Non-Government Conservationist; and Three At-Large Members. The individuals, who are currently serving as members on the Deer Task Force, will continue to serve throughout the tenure of the task force or until they choose to resign. The Deer Task Force will sunset on March 15, 2008, at which time: a) the Task Force will recommend to Council whether a permanent and formal board should be established to continue its work and to address deer management; and b) Council will consider whether to continue the work of the Deer Task Force and to address deer management by establishing a permanent and formal board. The Deer Task Force and City Council will review the existing Long Term Deer Management Plan prior to March 15, 2008. Resolution No. 04-225 is rescinded. Resolution No. 07-56 Page 2 Passed and approved this 20th Approved by <~c:"':. ~ ~ J'('f-ot- City Attorney's Office ue\Ord&Res\OeerTFRes07.doc ~( MAYOR ATTEST: ~ ~ CITY CL RK day of Februarv ,2007. JAlt - k'~ Resolution No. Page 3 07-56 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Champion the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn