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HomeMy WebLinkAbout2007-07-10 Resolution ((ifcr, () ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-188 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Etre, LLC, dba Etc. -118 S. Dubuque Street I.C. Mill Associates, dba Mill Restaurant - 120 E. Burlington Street Passed and approved this 10th day of ~ rl.. MAYOR ,20 07 L ) :QQ~ - ATTEST: )l~~d 0 -)/. '"~ CIT.. CLERK Approved by ~ ~ \__ ~-o\,.. City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: 0' Doime 11 the AYES: ~ ~ X X X ~ X - NAYS: ABSENT: _ Bailey . Champion - Correia Elliott O'Donnell Vanderhoef Wilburn (V\'+8 c:;: Prepared by: Marian K. Karr, 410 E. Washington S1., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-189 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: World Class Cigars - 315 S. Gilbert Street Passed and approved this 10th day of July ,20 07 ~ L J~flj~ MAYOR -- Approved by ~3J-~ \'5~~ ATTEST: ?J~.~d~A< ~ CIT . CLERK City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: O'Donnell the AYES: X -----X- -X- ~ --1L- ~ ~ NAYS: ABSENT: Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn G[ Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION SETTING A PUBLIC HEARING FOR JULY 24,2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NAPOLEON PARK RESTROOM AND CONCESSION BUILDING, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 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 24TH day of July, 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 Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this day of ,20_. MAYOR ATTEST: CITY CLERK Approved by k~~ "'City Attorney's Office 7/til/'7 parks/res/napoleon park concession plan.doc i\\t:c~ .:< cA. ( ~ ) \.-. Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-190 RESOLUTION SETTING A PUBLIC HEARING FOR JULY 24, 2007, TO CONSIDER THE INTENT TO ENTER INTO AN AGREEMENT TO LEASE CITY PROPERTY ALONG THE IOWA RIVER IN TERRELL MILL PARK FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A BOAT HOUSE AND DOCK TO THE BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE UNIVERSITY OF IOWA. WHEREAS, the City owns and controls property located along the Iowa River bank within the city limits of Iowa City, Iowa (hereinafter referred to as "Terrell Mill Park") as a park and recreational facility for the benefit and enjoyment of the citizens of the Iowa City community; and WHEREAS, the City and the University desire to enhance the recreational opportunities in Terrell Mill Park by constructing additional community facilities along the Iowa River bank; and WHEREAS, the University desires to provide additional athletic facilities for its intercollegiate and club rowing programs by constructing, operating and maintaining a boathouse and dock along the Iowa River bank; and WHEREAS, the City desires to lease a portion of Terrell Mill Park along the Iowa River to the Board of Regents for said facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: . 1. The City Council does hereby declare its intent to enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for July 24, 2007 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 10th day of July ,20R-. ATTEST:/Jl~~ II. .~ CITY CLERK ~( ,JJk MAYOR - ~:2~ City Attorney's Office 7-i/~lJ7 Annie/fonns\resofintenttoapprove (UI Boathouse).doc Resolution No. Page 2 07-190 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x y x y x O'Donnell the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I 207e-1(-107) M.f<\ t/ Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 07 -191 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BY THE CITY OF IOWA CITY WITH JOHNSON COUNTY PERMANENT SUPPORTIVE HOUSING LIMITED PARTNERSHIP. 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 4148, Pages 36 through 60 in the Johnson County Recorder's Office covering 4435-4455 Melrose Avenue, Iowa City, Iowa; WHEREAS, there exists more recent mortgages in favor of Hills Bank and Trust Company, which mortgage was recorded in Book 4179, Pages 486-509 in the Johnson County Recorder's Office, and Iowa Department of Economic Development, which mortgage was recorded in Book 4179, Pages 510-533 in the Johnson County Recorder's Office; 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 liens of Hills Bank and Trust Company and Iowa Department of Economic Development; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a third, which is the City's intended 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 Johnson County Permanent Supportive Housing Limited Partnership. Passed and approved this 10th day of July ,2007. ~LJ~ MAYOR ATTEST: 7~~z.J J!. ~ CITY CLERK Approved by ~~ G.rj~-Cir City Attorney's Office Resolution No. Page ? 07-191 It was moved by Champ i on and seconded by 0' Dann e.ll adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x y x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, IA 52244-2447; 319/338-7551 Taxpayer Information: Johnson County Permanent Supportive Housing Limited Partnership 4515 Melrose Avenue Iowa City, Iowa 52240 Return Document To: R. Bruce Haupert, P.O. Box 2447, Iowa City, IA 52244-2447 Grantor: Johnson County Permanent Supportive Housing Limited Partnership Legal Description: See Exhibit "A" ******************************************************************************************* SUBORDINATION AGREEMENT The City of Iowa City has made a loan to Johnson County Permanent Supportive Housing Limited Partnership. Said loan is secured by a mortgage executed by Johnson County Permanent Supportive Housing Limited Partnership in favor of City of Iowa City, Iowa. Said mortgage is recorded ln Book 4148, at Pages 36-60, records of the Johnson County Recorder's Office. Hills Bank and Trust Company has recorded a mortgage utilizing the real estate described in Exhibit "A", which is attached hereto, as security for said loan. Said mortgage is recorded in Book 4179, at Pages 486-509, records of the Johnson County Recorder's Office. The Iowa Department of Economic Development has also accepted from Johnson County Permanent Supportive Housing Limited Partnership a mortgage as security for a loan. Said mortgage has been recorded in Book 4179, at Pages 510-533, records of the Johnson County Recorder's Office. In order to appropriately prioritize the various mortgages utilizing the real estate shown on Exhibit "A" as security, the City of Iowa hereby agrees that its mortgage, described above, is subordinate and inferior to the Hills Bank and Trust Company mortgage and to the Iowa Department of Economic Development mortgage, both of which are described above. The City of Iowa City agrees that its mortgage shall remain inferior to the mortgages to Hills Bank and Trust Company and the Iowa Department of Economic Development for so long as said mortgages remain of record. DATED this ~ day of ~UL~ , 2007. CITY OF IOWA CITY ATTEST: /ht2A./duJ I( ~W em- CLERK By,_~U1L- AYOR SUBORDINATING MORTGAGEE ss: before me on s of Notary mah/RBH/Burns/IC Subord.Agreement 0607 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ID day of 'T,-.u..~ ,2007, before me, the undersigned, a Notary Public in and for the State of Iowa, rsonally 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. SONDRAEFORT o~ Commission Numbe. r 159791 . . My Commission Expires ow .3 D -s crnd;lRU. ~--b Notary Public in and for the State of Iowa EXHIBIT "A" LEGAL DESCRIPTION A portion of the Northeast One-Quarter of the Northeast One-Quarter of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian, Ci ty of Iowa City, Johnson County, Iowa, more particularly described as follows: AUDITOR'S PARCEL 2005055 Commencing at the Northeast corner of Section 13, Township 79 North, Range 7 West of the 5th P.M., City of Iowa City, Johnson County, Iowa; Thence N89"38'29"W, along the North line of the Northeast One-Quarter of said Section 13, a distance of 720.34 feet; Thence SOO"04'20"E, 79.27 feet to a point on the Southerly line of a right-of-way plat Exhibit A-2 as recorded in Deed Book 602 at Page 75 in the records of the Johnson County Recorder; to the point of beginning, Thence S86"21'03"E, along said Southerly Line, 50.42 feet; Thence S75"27'04"E, along said Southerly line, 388.95 feet; Thence S18"53'56"E, along said Southerly line, 188.70 feet; Thence S47"10'34"E, along said Southerly line, 52.80 feet; Thence S89"55'40"W, 526.25 feet; Thence NOO"04'20"W, 316.00 feet to the point of beginning, containing 2.83 acres and is subject to easements and restrictions of record. Dml/RBH/BURNS/JoCoPermSuppHsg 0107 ExA ~~ Prepared by: Brad Neumann, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 07-192 RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICA- TION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATroN, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 5307, 5309, 5310, 5316, AND 5317 OF CHAPTER 49, US CODE OF FEDERAL REGULATIONS, FOR FY2007 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of projects costs; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit operations, capital improvements, and project planning pursuant to Sections 5307, 5309,5310,5316 and/or 5317, Code of Federal Regulations - Chapter 49. 2. That the City Manager is authorized to execute and file with said application the annual certifications and assurances or any other document required by the U.S. Department of Transportation and the Federal Transportation Administration before awarding a federal assistance grant. 3. That the City Manager, or their designee, or the Johnson County Council of Governments _ Transportation Planning Division's Brad Neumann, Assistant Transportation Planner - are authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application. 4. That the City Manager is authorized to execute grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of transit operations, capital improvements, and project planning. 5. The Johnson County Council of Governments - Transportation Planning Division - Assistant Transportation Planner [Brad Neumann] is authorized to: (a) submit and review Federal Transit Administration grant applications, quarterly reports, and any other required information; and (b) execute electronically the required FT A Annual Certifications and Assurances for the City of Iowa City. An original copy of the Annual Certifications and Assurances will be kept on file by the City of Iowa City. Resolution No. 07-192 Page 2 6. That the grant agreement, upon FTA approval, may be executed electronically by JCCOG Assistant Transportation Planner (Brad Neumann) on behalf of the City Manager, City of Iowa City. It was moved by Champion and seconded by -5}'Donne11 _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X X X x Passed and approved this 10th day of ~(~ j~ MAYOR , ATTEST: 22~~ k'. +!vw CIT LERK Approved by: ~ 6ity Attorney's Office 'N~? Jccogtp/fta/icres.doc ~,~ I ~~l~i Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-193 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1153 -1155 HOTZ AVENUE, IOWA CITY,IOWA. WHEREAS, on September 15, 1992, the owner executed an Agreement, a Promissory Note and a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release 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 Liens for recordation, whereby the City does release the property located at 1153 - 1155 Hotz Avenue, Iowa City, Iowa from an Agreement. recorded September 17, 1992, Book 1434, Page 29 through Page 37; and from a Promissory Note, Book 1434, Page 38 through Page 40; and from a Mortgage, Book 1434, Page 41 through Page 44, of the Johnson County Recorder's Office. Passed and approved this lOt h day of 1111 Y , 20....9l.-. ATTEST: 7~pJ II. ~ CIT LERK ~(. )~ MAYOR --- ~roved !:Y.. ~ (O....(~-o)- City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: 0' Donne 11 the AYES: NAYS: ABSENT: 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 City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Greater Iowa City Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property located at 1153 - 1155 Hotz Avenue, Iowa and legally described as follows: Lot Twenty-seven (27) in Raphael Place, an addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Greater Iowa City Housing Fellowship, to the City of Iowa City represented by an Agreement, recorded September 17,1992, Book 1434, Page 29 through Page 37; and from a Promissory Note, Book 1434, Page 38 through Page 40; and from a Mortgage, Book 1434, Page 41 through Page 44, 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. ~ ( ~. ~~ MAYOR - -- - J' ATTEST: )/~ /(/. K~ CITY LERK Approved by '~~ ~-(~-Or City Attorney's Office STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this /0 dayof:::r U-L.l/ , AD. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. oH'I1 adopted by the City Council on the ~ day \....Li...\ , 20 07 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrum t to be the voluntary act and deed of said corporation, by It and by them voluntarily executed. ~ SONDRAEFORT o '\ commiss.ion Num.ber.159791 . . My Commission E.xgires OW ~ . . " SCfY\clt Cv.. ~~ Notary Public in and for Johnson County, Iowa ~ r;~~)- Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-194 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2814 IRVING AVENUE, IOWA CITY, IOWA. WHEREAS, on September 30, 199, Rick C. Duerlinger and Mary J. Duerlinger, the current owners of 2814 Irving Avenue, executed a mortgage to secure a loan and a Resale Agreement with the City of Iowa City as part of the Affordable Dream Home Program; and WHEREAS, the owners have repaid the loan, but the requirements under the Resale Agreement do not expire until September 30,2014; and WHEREAS, the mortgage should be partially released to reflect that the loan has been paid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Second Mortgage for recordation, whereby the City does release the property located at 2814 Irving Avenue, Iowa City, Iowa from the Second Mortgage recorded on October 4,1999 at book 2837, page 315 of the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed. to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Mortgage, said recording costs to be paid by the City. Passed and approved this 10th day of Julv ,2007. c u Jj~ MAYOR --, ATTEST: 7~-~~ j!, ~M) CI . CLERK Approved by ~~ G,-d<)~()" City Attorney's Office Resolution No. Page ? 07-]Q4 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x X x X X NAYS: ABSENT: O'Donnell the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 PARTIAL RELEASE OF SECOND MORTGAGE The City of Iowa City does hereby partially release the property at 2814 Irving Avenue, Iowa City, Iowa, and legally described as follows: Lot 66 of the Resubdivision of Lot 51 of Walden Hills Subdivision, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 327, Plat Records of Johnson County Iowa. from a financial obligation of the property owners, Rick C. Duerlinger and Mary J. Duerlinger, to the City of Iowa City in the principal amount of $27,080.00 represented by a Second Mortgage recorded on October 4, 1999, Book 2837, Page 315191 through Page 320 of the Johnson County Recorder's Office. The City of Iowa City does not release said property from an additional obligation of the property owners contained in the Resale Agreement for Property Located at 2814 Irving Avenue on October 4, 1999 at Book 2837, Page 311 through 314, Johnson County Recorder's Office. By: C~WACITY,IOWA LJ Jj~ Ross Wilburn, Mayor By: A~ 1(. ~ Malian K. Karr, City Clerk Approved by ~~ ~.~\-~} City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 1fl..- day of ~ L ~ ' 2007, before me, the undersigned, a Notary Public in and for said County and State, personally a peared 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. SONDRAEFORT o~ Commission Number.. 159791 . . My COlJ1mission ires o ;:j'.' /It.' s::'v'\clnCtk ~...-b Notary Public in and for the State oflowa M1l 1 ~~(;r Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-19') RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING EIGHT CONDITIONAL GRANT AGREEMENTS AND FOUR PROMISSORY NOTES, FOR THE PROPERTIES LOCATED AT 8,11,16,19,24,27,32,35 CONEFLOWER COURT, 2160-2162 TAYLOR DRIVE, 913-913 Yz NORTH GOVERNOR STREET, 424 AND 441 DOUGLASS COURT, IOWA CITY, IOWA. WHEREAS, on July 31, 1993, the owner executed eight Conditional Grant Agreements for the properties located at 8, 11, 16, 19,24,27,32,35 Coneflower Court which are scheduled to be forgiven in 2008 and 2009; and WHEREAS, on December 12, 1994, the owner executed four Promissory Notes for the properties located at 2160-2162 Taylor Drive, 913-913 'Y2 North Governor Street, and 424 and 441 Douglass Court, with the City of Iowa City, which are scheduled to be forgiven in 2008 and 2009; and WHEREAS, the owner has requested these liens to be released; and WHEREAS, the owner has been awarded Low Income Housing Tax Credits for said properties and this will require the properties to be affordable for 30 more years; and WHEREAS, because the purpose of said agreements and notes is to assure affordability and because said properties must now be affordable for 30 years, the City of Iowa City should 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 Liens for recordation, whereby the City does release the property located at 8, 11, 16, 19, 24, 27, 32, 35 Coneflower Court from the eight Conditional Grant Agreements, recorded December 1, 1994, Book 1842, Page 3 through Page 4; Book 1842, Page 5 through Page 6; Book 1842, Page 7 through Page 8; Book 1842, Page 9 through Page 10; Book 1842, Page 11 through Page 12; Book 1842, Page 13 through Page 14; Book 1842, Page 15 through Page 16; Book 1842, Page 17 through Page 18; and the properties located at 2160-2162 Taylor Drive, 913-913 % North Governor Street, 424 and 441 Douglass Court, Iowa City, Iowa from the four Promissory Notes, recorded December 13, 1994, Book 1846, Page 303 through Page 305; Book 1846, Page 306 through Page 308; Book 1846, Page 309 through Page 311; Book 1846, Page 312 through Page 314 of the Johnson County Recorder's Office. Resolution No. 07-195 Page 2 Passed and approved this 10th day of .Tuly ,20---1lL. ~Cj.~ MAYOR Approved by ATTEST: A~ i(. k4A..J ~~ 1-- (_0+ CITY'CLERK City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: O'Donnell 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 City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following properties located at 8, 11, 16, 19, 24, 27, 32, 35 Coneflower Court, Iowa City, Iowa and legally described as follows: Lot 56, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 57, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 58, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 59, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 66, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 67, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 68, Whispering Meadows, Part 1, Iowa City, Iowa. Lot 69, Whispering Meadows Part 1, Iowa City, Iowa. 2160 - 2162 Taylor Drive legally described as follows: Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa according to the plat thereof recorded in Book 13, Page 18 Plat Records of Johnson County, Iowa. 913 - 913 ~ North Governor Street legally described as follows: Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Addition to Iowa City, Iowa according to the plat of said subdivision recorded in Book 1, Page 5 Plat Records of Johnson County, Iowa. 424 and 441 Douglass Court legally described as follows: Lot Thirty-three (33), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. Lot Thirty-five (35), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Greater Iowa City Housing Fellowship, to the City of Iowa City represented by eight Conditional Grant Agreements, recorded December 1, 1994, Book 1842, Page 3 through Page 4; Book 1842, Page 5 through Page 6; Book 1842, Page 7 through Page 8; Book 1842, Page 9 through Page 10; Book 1842, Page 11 through Page 12; Book 1842, Page 13 through Page 14; Book 1842, Page 15 through Page 16; Book 1842, Page 17 through Page 18; and by four Promissory Notes, recorded December 13, 1994, Book 1846, Page 303 through Page 305; Book 1846, Page 306 through Page 308; Book 1846, Page 309 through Page 311; Book 1846, Page 312 through Page 314 of the Johnson County Recorder's Office. This obligation has been satisfied and the properties are hereby released from any liens or clouds upon title to the above properties by reason of said prior recorded documents. ~u~ MAYOR ATTEST: 7J~ CITY LERK K. kd~ , Approved by c;:=- ~- ~ ~~ ( City Attorney's Office i - ( - 0-;- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ~ On this I D day of ..-J L.L ~ ' A.D. 20M, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ro Wilburn and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that thE!. instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o2.:::..l!IS adopted by the City Council on the ..itL- day -r"-L~ ' 20 0 1 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrum t to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i~ SONDRAEFORT o r. Commission Number 159791 . . My Commis ion Elqlires ow d 17 S 01\ rlnO-.k \="~ Notary Public in and for Johnson County, Iowa ti\+i<; I 2~(61 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-196 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2438 NEVADA AVENUE, IOWA CITY, IOWA. WHEREAS, on August 13, 1999, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2438 Nevada Avenue, Iowa City, Iowa from a Mortgage, recorded August 16, 1999, Book 2807, Page 316 through Page 319, of the Johnson County Recorder's Office. Passed and approved this 10th day of July ,20-122-. ~LJ~ MAYOR ATTEST:C~~~ -;f/. ~ Approved by ~~_ 1--(-01- City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: O'Donnell the AYES: NAYS: ABSENT: x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x X y x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington SI., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Jenny M. Powell Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2438 Nevada Avenue, Iowa City, Iowa, and legally described as follows: Lot 134, Lakeside Addition to Iowa City, Iowa, according to the Plat thereof. from an obligation of the owner, Jenny M. Powell, to the City of Iowa City represented by a Mortgage, recorded August 16,1999, Book 2807, Page 316 through Page 319, 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. ~c)J)k MAYOR ATTEST: 7J1~~ i:. k'eV---V CITY'CLERK Approve.d..,by .~" ~~ 1- - 1- 0 t- City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /0 day of .r\.AL~ ,A.D. 20 '0'1 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ss Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.~, adopted by the City Council on the _ day , 20 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAE FORT . ~ Commission Number 159791 . My Commission ExpIres ow 3? CDG SoncL'IWi .I~'b Notary Public in and for Johnson County, Iowa 1'J\.\fj ~ L1LJ Prepared by: Terry Trueblood, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-_ RESOLUTION NO. 07 -1 q 7 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN GREENPLAY, LLC OF BROOMFIELD, COLORADO AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES TO COMPLETE A COMPREHENSIVE PARKS, RECREATION AND TRAILS MASTER PLAN. WHEREAS, the City received proposals and awarded a contract for comprehensive master planning services; and WHEREAS, four companies were selected to interview for said services; and WHEREAS, GreenPlay, LLC was selected by the interviewing committee as the most qualified company to provide said comprehensive master planning services for Iowa City; and WHEREAS, City staff has negotiated an agreement with GreenPlay, LLC to provide said services; and WHEREAS, the City Council deems it in the public interest to enter into the negotiated agreement with GreenPlay, LLC for comprehensive master planning services. 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 triplicate. Passed and approved this 10th day of eLc j jt MAYOR Approved by ATTEST 7}~~.J~. ~ CITY LERK "~~~ ity Attorney's Office 7/~/v7 pwenglres\consullagt.doc Resolution No. Page 2 07-1Q7 It was moved by Correia and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X X X X X AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made this /0"-1, day of July, 2007, by and between the City of Iowa City, Iowa (hereafter the "City") and GreenPlay, LLC, (hereafter the "Consultants"). RECIT ALS A. WHEREAS, the City desires to obtain consulting services during the period from July 10, 2007, through March 10, 2008, to complete the Iowa City Parks, Recreation and Trails Master Plan (hereafter referred to as the "Project"). B. WHEREAS, the Consultants provide professional consulting services to the public and are fully qualified to perform the consulting services needed by the City in connection with the Project. COVENANTS AND CONDITIONS NOW, THEREFORE, in consideration of the promises and obligations set forth below, the City and the Consultants agree as follows: 1. SCOPE OF SERVICES A. General The Consultants shall serve as the City's professional advisors and representatives in connection with the Project and shall consult with and advise the City, as it reasonably requires during the term of this Agreement. As a general matter, they shall communicate with the City about the Project only through Terry Trueblood, Director of Parks and Recreation, who has been assigned by the City to the Project as Project Manager. B. Specific Duties and Responsibilities 1 In connection with the Project, the Consultants shall undertake the duties and responsibilities and provide the services described in the Appendix, captioned "Scope of Work," which is attached hereto and made a part hereof. C. Extra Services Upon the express, written request of the City, the Consultants shall perform services beyond the scope of the duties and responsibilities described in the Appendix. The Consultants shall charge the City for such extra services at a rate of $125.00 per hour. D. Documents All work notes, reports, computer programs (non-proprietary), computer input and output, analyses, tests, maps, surveys, or any other materials developed specifically for the Project are and shall remain the sole and exclusive property of the City and the Consultants. The Consultants shall be permitted to retain all work notes, reports, computer programs (non-proprietary), computer input and output, analyses, tests, maps, surveys, or any other materials developed specifically for the Project and shall have the right to employ work techniques developed for this Project in the conduct of subsequent work for clients. II. COOPERA nON BY THE CITY The City will thoroughly and as expeditiously as reasonably possible consider all reports, sketches, drawings, specifications, proposals, and other documents prepared by the Consultants, and it shall inform the Consultants of all decisions that it has made which would affect the Consultants' work under this Agreement as soon as reasonably feasible. The City will inform the Consultants of any pending change or revision to the Project as soon as reasonably feasible. The City will provide the Consultants with current, updated plans, if any, for the Project as soon as reasonably feasible after they are produced. 2 III. SCHEDULE The Consultants' services are anticipated to be provided over the course of 8 months, occurring behveen July 10, 2007, and March 10, 2008. A projfd scheduh~ is outlined in the Appendix which is attached hereto and made a part hereof. However, it is understood by the parties that the actual schedule may differ from what is anticipated. The City shall advise the Consultants in writing of each change in the schedule as soon as feasible after it becomes aware thereof, and the Consultants shall thereafter adjust the timing of their services so as to comply with the revised schedule. The Consultants shall provide their services at such times as are necessary in order to promote the smooth progress of the Project. N. AMOUNT OF PAYMENTS TO CONSULT ANTS A. Aggregate Limits Unless services in addition to those specified in Section I are subsequently agreed upon in writing, the total amount paid by the City to the Consultants pursuant to this Agreement shall not exceed the sum of $70,325, and the amount paid for each task shall not exceed the sums set forth on page 14 of the Appendix, attached and incorporated herein. B. Specific Charges The City will pay the Consultants on the basis of a firm-fixed price of $125.00 per hour for services related to the Project but outside of the defined scope of the project. Any direct or indirect expenses incurred by the Consultants while working on the Project that are in common with work on other projects for other clients shall be prorated among all those clients according to the benefit derived by each client. The City shall not pay for the expense of the Consultants' transportation 3 used in the connection with the Project, which shall be considered a part of the Consultants' hourly rates. C. Inspection of Records Upon reasonable, advance request, the City may inspect and copy any or all records of the Consultants which would bear on any amounts charged to the City pursuant to this Agreement. V. TIME OF PAYMENTS TO CONSULT ANTS The Consultants shall bill their charges to the City to be paid as follows: The City will be invoiced on or around the 15th of each month; each bill shall contain a brief description of the services provided by the Consultants for the Project; each invoice shall contain a percentage of tasks completed, and a brief description of the services included within each task component. Not withstanding paragraph VI, payment for such invoice will be due within 30 days upon receipt of invoice. Outstanding balances overdue beyond 60 days will accrue 1.5% interest per month until payment is made. VI. QUALIFICATIONS ON OBLIGATIONS TO PAY Notwithstanding any other terms of this Agreement, the City may withhold any payment (whether a progress payment or final payment) to the Consultants if anyone or more of the following conditions exists: A. The Consultants are in default of any of their obligations under this Agreement. B. Any part of such payment is attributable to services, which are not performed according to this Agreement. (The City will pay for any part thereof attributable to services performed according to this Agreement). C. The Consultants have failed to make payments promptly to any third parties used in the services for which the City has made payment to the Consultants. 4 D. The City, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the Project or any task according to this Agreement. In such case, no additional payments will be due to the Consultants until the Consultants, at their sole cost, perform a sufficient portion of the Project or task so that the City determines that the compensation then remaining unpaid is sufficient to complete the Project or task. E. No partial payment shall be final acceptance or approval of that part of the Project or task paid for, or shall relieve the Consultants of any of their obligations under this Agreement. VII. CONSULT ANTS' DUTIES A. Abilities, Qualifications, Experience, and Best Efforts Notwithstanding anything to the contrary contained in this Agreement, the City and the Consultants agree and acknowledge that the City enters into this Agreement relying on the special and unique abilities to accomplish the Project of the persons named in the Appendix. The Consultants accept the relationship of trust and confidence established between them and the City by this Agreement. The Consultants agree that if any person named in the Appendix must be replaced, the replacement shall possess at least equivalent qualifications and experience and shall be subject to reasonable approval by the City. The Consultants covenant with the City to use their best efforts. The Consultants shall further the interests of the City according to the City's requirements and procedures, according to the highest professional standards and in compliance with all applicable national, federal, state, municipal laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. B. No Conflicts 5 The Consultants represent, covenant, and agree that they have and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent them from the timely completion of the Project, loyally and strictly according to the best interests of the City. In case of any conflict between interests of the City and any other entity, the Consultant shall fully and immediately disclose the issue to the City and shall take no action contrary to the City's interests. C. Quality of Services The Consultants represent, covenant, and agree that all of the services that they will furnish under this Agreement shall be of at least the standard and quality prevailing among recognized industry experts of superior knowledge and skill engaged in such practice under the same or similar circumstances involving the development of policies and procedures for a project like the Project. D. Accuracy of Work The Consultants represent, covenant, and agree that its work will be accurate and free from any material errors. The Consultants additionally represent, covenant, and agree that the planning for the Project will conform to all foreseeable uses thereof. City approval shall not diminish or release the Consultants' duties, since the City is ultimately relying upon the Consultants' skill and knowledge. E. Duty to Warn The Consultants agree to call to the City's attention anything of any nature in any drawings, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Consultants (by the City or any other party) that is unsuitable, improper, or inaccurate in any way. Nothing shall detract from this obligation unless the Consultants advise the City in writing that such data is unsuitable, improper, or inaccurate and the City nevertheless confirms in writing 6 that it wishes the Consultants to proceed according to the data as originally given. F. Attendance at Meetings The Consultants shall attend such meetings on the work required by this Agreement as the City requires and as outlined in the Appendix. The City will give reasonable notice of any such requirement, so that the Consultants may schedule and attend. Overall, Consultants shall attend one meeting at start-up, one meeting throughout Project implementation, and two meetings for final presentations. G. Efficiency The Consultants represent, covenant, and agree to furnish efficient business administration and superintendence and perform the services required by this Agreement in the best, most expeditious and most economical manner consistent with the interests of the City. H. Books and Records The Consultants shall keep their books and records for the Project and reimbursable expenses according to recognized accounting principles and practices, consistently applied. The Consultants shall make them available for the City's inspection at all reasonable times. The Consultants shall retain such books and records for at least three years after completion of the Project. I. Payment of Bills The Consultants shall promptly pay all bills for labor and material performed and furnished by others in performance of the Project. VIII. TERMINATION A. Termination for Breach 7 This Agreement may be terminated by either party for a material breach of this Agreement by the other party not caused by any action or omission of the terminating party by giving the other party written notice at least three days in advance of the termination date. The termination notice shall specify in reasonable detail each such material breach. In the event of such termination by either party, the Consultants shall promptly deliver to the City all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys, and written m.aterials of any kind generated in the performance of services under this Agreement up to and including the date of termination. If this Agreement is so terminated by the Consultants, they will be paid for all services rendered up to the date of termination, except as set forth in Section VI above. If this Agreement is so terminated by the City, the Consultants will be paid for all services rendered to the date of termination, except those services which, in the City's judgment, constituted the grounds, in whole or in part, of the notice of termination, and except as set forth in Section VI, above. Upon such payment, all obligations of the City to the Consultants under this Agreement shall cease. B. Termination for Convenience In addition to the foregoing, this Agreement may be terminated by the City for its convenience and without cause of any nature by giving the Consultants written notice at least 30 days in advance of the termination date. In the event of such termination, the Consultants will be paid for all services rendered to the date of termination, except as set forth in Section VI, above, and upon such payment, all obligations of the City to the Consultants under this Agreement shall cease. Furthermore, in the event of such termination, the Consultants shall promptly deliver to the City all drawings, computer programs, computer input and output, plans, photographic images, analyses, test, maps, surveys, and written materials of any kind generated in the performance of their services under this Agreement up to and including the date of termination. 8 IX. LAWS TO BE OBSERVED The Consultants shall be cognizant of all federal and state laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or City over the same, and shall defend, at all times observe and comply with all such existing laws, ordinances, regulations and decrees, and shall defend, protect, and indemnify the City against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself, its subcontractors, agents, or employees. X. PERMITS AND LICENSES The Consultants shall procure all permits and licenses, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of their services under this Agreement. XI. PATENTED DEVICES, MATERIALS AND PROCESSES The Consultant shall hold and save harmless the City from any and all claims for infringement, by reason of the use of any patented design, device, material, process, or trademark or copyright and shall indemnify the City for any costs, expenses, and damages, including court costs and attorney fees, which it might be obligated to pay by reason of infringement at any time during the prosecution or after completion of their services under this Agreement. XII. INDEPENDENT CONTRACTOR The relationship between the Consultants and the City is that of an independent contractor. The Consultant shall supply all personnel, equipment, materials, and supplies at their own expense, except as specifically set forth herein. The Consultants shall not be deemed to be, nor shall they represent themselves as, employees, partners, or joint ventures of the City. No employee or officer of the City shall supervise the Consultants. The Consultants are not entitled to workers' compensation benefits and 9 are obligated to directly pay federal and state income tax on money earned under this Agreement. XIII. INSURANCE A. Minimum Amounts The Consultants shall carry the following minimum amounts of insurance: 1. Workers' compensation in statutory limits. Consultants currently carry $100,000 each accident, $100,000 disease - ea. employee, $500,000 policy limit. 2. Comprehensive general and automobile liability policy with minimum limits at least equal to the liability limits required by Iowa law. The Consultants currently carry: General Liability $1,000,000 each occurrence $50,000 damage to rented premises (ea. Occurrence) $1,000 med. Ex, (anyone person) $1,000,000 personal & adv. injury $1,000,000 general aggregate Excluded: products - comp lop agg. Automobile Liability $1,000,000 combined single limit 3. Professional Liability $1,000,000 each occurrence $1,000,000 aggregate B. Valuable Papers 10 Furthermore, the Consultants shall carry valuable papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Agreement in the event of their loss or destruction until such time as the final submission by the Consultants has been made and accepted by the City. C. Coverage This insurance shall be primary insurance, supplemental and 11 excess" to the City's insurance. All policies of insurance under this Agreement shall be provided by a reputable insurance company or companies qualified to conduct business in Iowa. The City reserves the right, but shall not have the duty, to reject any insurer which it finds to be unsatisfactory and insist that the Consultants substitute another insurer that is reasonably satisfactory to the City. This insurance shall be maintained in full force and effect during the term of this Agreement and for the additional periods set forth herein and shall protect the Consultants, their agents, subcontractors, employees and representatives, from claims for damages for personal injury and wrongful death and for damages to property arising in any manner from negligent or wrongful acts or omissions of the Consultants, their agents, subcontractors, employees, and representatives in the performance of the services covered herein. D. Automobile Coverage Automobile insurance shall, without limitation, cover all automobiles used in performing any services under this Agreement. E. Claims-Made Policies In the case of any claims-made insurance policies, the Consultants shall procure necessary retroactive dates, 11 tail" coverage and extended reporting periods to cover a period at least two years beyond expiration date of this Agreement. This obligation shall survive the termination or expiration of this Agreement. 11 F. The Consultants shall not cancel, materially change, or fail to renew required insurance coverage. The Consultants shall notify the Project Manager of any material reduction or exhaustion of aggregate limits. Should the Consultants fail to immediately procure other insurance, as specified, to substitute for any policy canceled before final payment to the Consultants, the City may procure such insurance and deduct its cost from any sum due to the Consultants under this Agreement. G. Non-Waiver The parties understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by federal, state and local laws as from time to time amended, or otherwise available to the parties, their officers, or their employees. XIV. INTEGRATION This document, including its appendix, constitutes the entire agreement between the City and the Consultants and incorporates all prior verbal and written communications between the parties concerning the subject matter included herein. xv. NO ASSIGNMENT Neither party shall assign, sublet, or transfer any interest in this Agreement without the written consent of the other. XVI. AMENDMENT IN WRITING No amendment or modification shall be made to this Agreement unless it is in writing and signed by both parties. XVII. GOVERNING LAW AND VENUE 12 This Agreement is governed by the laws of the State of Iowa. Any suit between the parties arising under this Agreement shall be brought only in a court of competent jurisdiction in the State of Iowa. XVIII. NO THIRD PARTY BENEFICIARIES The parties intend no third party beneficiaries under this Agreement. Any person other than the City or the Consultants receiving services or benefits under this Agreement is an incidental beneficiary only. XIX. NO WAIVER No waiver of any breach or default under this Agreement shall be a waiver of any other or later breach of default. XX. SEVERABILITY 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. APPENDIX: Scope of Work for Iowa City Parks, Recreation and Trails Master Plan. SIGNATURES IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective as of this it, ~ day of July , 2007. CITY auz CITY ~ By: LU,. ~ Title: Mayor GREENPLAY, LLC . o ' /", r " By: (1(/...t..-/...l;"JLL ~d tLrt~ ~ Title: 51.;J /IA/W~l) ~ p--/ l7ha1'VJ7(.~ 171h.,.j(.t-L- , . , ATTEST: By: )~~/K.2 Title: City ulerk ATTEST: Approved as to form: ~ '\ 7f. :-1/ ~r~e:~~ ~:,~":L,, By: ~tuL.:/-~ City Attorney's Office 7'/z/o? 13 APPENDIX Scope of Work A. Start-Up and Determination of Critical Success Factors Upon selection and award, our GreenPlay team will provide a Detailed Work Plan within 10 days of the award of contract to the Project Team and the subcommittee for discussion at a Start-Up Meeting. We will review the details of the work plan at the orientation meeting and formalize the timeline and details of the Master Planning Process, including accepted methodologies and task processes, final number and types of meetings, and expected quality and formats for deliverables, and agreement on the implementation strategies. We will set a timeline for the public involvement process and the anticipated approval process. Project Coordination: We will work closely with your team during Start-Up to identify key "Critical Success Factors" that will help this project be successful and achieve your desired level of involvement and outcomes. When we're not on site for scheduled meetings, we will be in contact through phone and email to keep you and us as informed and involved as desired. We also supply written Monthly Progress Reports that cover recent progress, any outstanding issues or information needed, upcoming meetings and agendas, and a status report so that you can see where we are each month. Integration with Existing Vision, Goals, Operations, Budgets, and Plans As part of the Public Process and information gathering, we will work to ensure that the Parks, Recreation and Trails Master Plan is integrated with all other previous and/ or current planning work. In addition, the planning process will integrate the information with any and all other relevant planning documents, budgets, workplans, and funding plans utilized by City of Iowa City to facilitate the comprehensive coordination of direction and prescriptions. The data will also be integrated with available maps and GIS data. B. Needs Assessment and Public Involvement 1. Public Process Our GreenPlay team believes deeply in creating an in-depth, efficient, open, and citizen-focused community process as part of all public projects. We have developed a detailed, researched and well-developed public and key stakeholder process methodology that helps identify all the needs, issues and opportunities for your community. Additionally, this team will explore knowledge of local issues and concerns that will assist in producing useful and pertinent community feedback. Our process will follow a well thought-out involvement process. t;MlNPlAr~ =7 Helping You Achieve Your Goals 1 The Project Team will conduct a comprehensive "Information Gathering" scheduled week of meetings (typically 3-4 days long and packed full) that typically include at least: . One goal-setting and Informational fact-finding meeting with the Project Team, the Advisory Committee, City staff, and the Parks and Recreation Commission. . A minimum of three public meetings to provide the opportunity to gather information on the needs and desires from the citizens. . Meetings with special focus groups (seniors, athletics, business groups, other departments, etc. (to be decided) and interviews with other key stakeholders to provide opportunity for discussion and address pertinent issues. . A minimum of three meetings with City Project Team and the Advisory Committee throughout the process. . A minimum one meeting with the Parks and Recreation Commission to present and discuss progress reports. . A minimum of two meetings with the City Council. . One public hearing with the Parks and Recreation Commission at the time of plan adoption. . One public hearing with the City Council at the time of adoption of the Parks, Recreation and Trails Master Plan. . Our Start-Up process is detailed and outlines with the Project Team all perceived needs for adequate meetings. Additional meetings can also be scheduled if need arises per agreement and contractual amendment. 2. Public Assessment and Infonnation Gathering On most projects we want to obtain information from as many segments of the community as possible. Our process typically includes meetings and interviews with users, non-users, staff, key stakeholders, partnership representatives, and alternative providers, coupled with information gathered from a statistically-valid needs assessment survey. Through these meetings we focus on obtaining qualitative public contribution through our successfully proven process methodologies. 3. Needs Assessment - Statistically-Valid Survey The City and GreenPlay parties anticipate that the City will enter in to a contract with Leisure Vision to perform various tasks, including the administration of a community opinion survey. GreenPlay will work with Leisure Vision to integrate the statistically- valid community opinion survey into the Master Plan, including National Benchmarking, an Importance/ Satisfaction Matrix and Geocoding of the surveys. It is anticipated that Leisure Vision will administer a statistically-valid random sampling Needs Assessment Survey of a minimum of 500 households based on the estimated population of your community. The survey will be administered by mail with telephone follow up if needed to obtain desired valid results. Questions on the survey will be developed by Leisure Vision in partnership with GreenPlay project staff and the City's Project Team. Ideally, the survey instrument will be administered at a timeline within the project where the information can best be used to help break down barriers and build consensus. 4. Demographic and Trends Analysis We will identify the constituency of the City of Iowa City through a demographic analysis and market profile. We will compile all information available from previous planning efforts including the other past and current planning efforts, the U.s. Census Bureau, ESRI sources, and other national and local sources. We rely heavily on our state-of-the art technology and use approved methods to evaluate spatial information and qualitative information, and portray the demographic and related results in ways that are easy to understand, but highly representative of the actual and projected trends, growth, and levels of service. We will utilize improved analysis methods to examine trends, markets, alternative providers, and how they should be used to forecast future needs. 5. Benchmarking/Comparison of Parks and Recreation Resources We will compile relevant benchmarking and comparison data of five commonly accepted key items of importance to the City to compare the parks and recreation resources for the City of Iowa City with similar municipal departments in the region. Typical benchmarking comparables include population, operations and/ or capital improvement budgets, FTE's, land acreages, and indoor facility square footage. Other factors that could be evaluated in lieu of the typical key items include open space, recreation/ sports facilities, recreation programs and services, revenue to expense, cost recovery, usage, and staffing levels. We will work with the City to determine the most pertinent items on which to base the benchmarking analysis. . Administrative Benchmarking - We will contact selected agencies and gather similar administrative data for up to five comparable agencies. . Survey Respondent Benchmarking- As indicated previously, Leisure Vision has completed many similar surveys around the u.s. We will compare the survey responses for your community to those of other select communities. I Co Facilities Inventory and Assessment 1. Parks and Recreation Resources Inventory We will work with the City's GIS park inventory database to develop a comprehensive assessment of each of the City's services including parks, recreation, trails, and special use facilities to determine current conditions, use patterns, environmental issues, and economic impacts. In addition, we will include those services provided by other agencies that may impact the City. The assessment will also include a comparative analysis to agencies of similar size and density using regionally and nationally accepted standards. The inventory will identify areas of parkland needs and provide a verifiable basis for further acquisition opportunities if available along with future development priorities. Specific park types will be clearly defined. The textual assessment will include a comparative analysis to agencies of similar size and density, both regionally and statewide, using nationally accepted standards and GRASptID technology (details follow). All mapping of facilities and open spaces will be incorporated into our dynamic digital database that becomes property of the City upon completion of the project. The inventory will also include an analysis of best possible providers of community and recreation services, and recommendations for minimizing duplication and/ or enhancing possibilities for collaborative partnerships where appropriate. The inventory will be compiled and analyzed to provide complete information. We can work with all different types of information formats, and will produce the final deliverables in both shapefile and textual formats that are dynamic and easily used in the future. 2. Level of Service Guidelines and Standards Analysis Once the physical inventory is completed and accurate, we will help analyze the system with quantitative, qualitative and textual analysis. .tt;f>>. .". Level of Service Analysis - GRASP' Methodology (Geo-Refrrenced > .. Amenities Standards Program) A Somewhat Different and Improved _ Approach! ..~ICE METHOD otS~" Olo A 1 . fth ., ks 'l d . ti-IiMN na YSIS 0 e eXIsting par , open space, tral s an recreation Ir systems are typically conducted in order to try and determine ;I["'~ ~ how the systems are serving the public. A Level of Service Gto~\t~ (LOS) has been typically defined in master plans as the capacity STANDARDS P.oG~ @ of the various components and facilities that make up the system to meet the needs of the public. This is often expressed in terms of the size or quantity of a given facility per unit of population. In order to create a way to standardize that is accurate, implementable, can be benchmarked, and is unique to your community's assets, we have adapted and built upon the previous practices to create a different approach using a "composite values analysis." The composite values analysis methodology GreenPlay uses is proprietary and is called the Geo-Referenced Amenities Standards Program (GRASP@). This methodology builds on the traditional capacity analysis, but can track not only the quantity (or capacity), but quality of components of an entire system. As a general summary, the following information gives some specific outcomes of our GRASP<ID approach. . While we still use it for comparisons, we are moving away from capacih} analysis that relies on the broad and often ambiguous categorization of facilities per thousand and have developed a system that looks at individual components of service, such as picnic shelters, trailheads, parking, habitat, wetlands, location-based programs, recreational amenities, etc., and then measures the service that each component provides. This would have been impossibly tedious before, but now is easy with our technology. . We are using GIS to provide a better way of analyzing how any specific location, home or business is being served by amenities. . We are bringing the qualitative component into the measurement of service. Traditional capacity methods of LOS analysis are lacking in this respect. . We can evaluate the components and easily graphically display them for decision makers, quickly identifying gaps in service on a neighborhood, community, regional and/ or community-wide basis. This also allows us to combine a population density factor into the traditional LOS equations. . This new methodology allows us to examine Levels of Service in a new and specific way. Your GRASpID based LOS will not just be based on standards outlined for non-comparable cities in the 1980' s, but will be specifically pertinent for your community. By combining and analyzing the composite values of each component, it is possible to measure the service provided by a system from a variety of perspectives and for any given location. The steps for GRASpID analysis typically include: . Determining the "relevant components" of the resource system for analysis. . Rating all inventoried components based on GreenPlay and staff rating consensus using a three-point basis: 3 = exceeds expectations for functionality and/ or service for the next ten years 2 = meet expectations for the next ten years 1 = does not meet expectations (Sornetimes we also use a zero or negative number to identifij components that are unsafe, in immediate need of repair or replacement, or do not function as intended) . Including modifiers for the ratings, for items like access, adjacency to restrooms or shade, condition, quality, location, ambience, etc., to be determined) . Identifying the key issues of the plan based on the public process, needs assessment, alternative providers, demographics and trends analysis . Creating analysis tools, spreadsheets, resource maps and analysis maps called "Perspectives" to examine each of the key issues and the system overall . Looking at service of groupings of components from various perspectives (local use, regional use, active, passive, natural, etc.) . Refining capacity and LOS standards that are appropriate for your community. . Analyze the system in relationship to quality, availability, access (walk-ability, barrier analysis and transportation), and geographic distribution of services. . Refining the resource classification system and resource development guidelines. CITY & COUNTY OF DENVER - COLORADO REcREA1'jo.'icENTERNEEDsAssESSMENT&SERvjcEAN-ALYSIS PROJECT ... . r=--.._c ;-' eM...... ~ :"~ LEGEND A:'>lAL YSIS . '-"~ C'~-, "'11 - - .'''''''''''' ~ '''''':;;,,~,';;;;';. .!I~. -,,,,,0 I"i':;';~'):-;' I. I: ~""..' -'.'~ ".~.,--<-- --~> ~.~ .- ."'-- .....' ~.' -_.- ."- ".~."' -'<-"-"'---' ~--~ MAP H: GRASpT~ ANALYSIS ACCESS TO INDOOR AQUATICS The GRASpID Methodology for Standards and Level-of Service Analysis is just one tool in the planning process, but it gives invaluable decision making information in digital and graphic form for determining appropriate standards, priorities, resource allocation, budgets, and work plans. This valuable tool is currently being utilized by agencies nationally and is available only from the GreenPlay team, at a cost similar to what other teams charge for traditional analysis. D. Recreation Programs and Services Inventory and SWOT Analysis We will provide an inventory and assessment of the City's current and potential future level of recreation programs and services. An analysis of the best possible providers of programs and services will be developed to discern possible competition or duplication of services through other public and private program providers, along with recommendations for minimizing duplication and/ or enhancing possibilities for collaborative partnerships where appropriate. We will examine and review the current policies, services, participation levels, operations and structure and identify opportunities as well as deficiencies for improvements and future needs. We will recommend how the Department could be organized to achieve maximum efficiency and the successful implementation of the Master Plan as well as develop an organization chart and staffing requirements to meet the current and long range needs. The Consultant Team will also address and make recommendations regarding the park facilities needs. To develop a short term and long term strategy for the future planning of facilities and the provision of programs and services we will conduct a SWOT Analysis of the organization. A SWOT Analysis is an effective and realistic way of identifying the market Strengths and internal and external Weaknesses, and of examining the Opportunities and Threats faced by the organization in the provision of parks, recreation and open space facilities and services. I E. Development of Guidelines and Standards, and Recommendations 1. Guidelines and Standards for Park, Recreation and Trails It is important for the City to have guidelines in place to help guide future development. As part of the Master Planning process, the work will entail an overview for policy and management of priority.guidelines needed as determined by the assessment during previous tasks. We will work with the City to develop goals, policies, ordinance language and a set of recommendations for local standards for parks, open space, trails, recreation facilities, recreation programming and services. 2. Ranking and Prioritizing Demand and Opportunities GreenPlay has experience in designing and implementing decision-making and prioritization models. We incorporate the inventories, GRASp<ID LOS methodology and needs assessment findings into mapping and tabular information that become management tools that will provide an accurate assessment of the opportunities and direction to address the current and future needs based on realistic measures. The methodologies provide easily understood information that help guide staff and the officials in decision making from this point forward. In addition, the decided upon parameters become easily explainable to the public, providing presentations and justification as needed for managing the lands and services. 3. Identification of Development Improvements and Land Acquisitions It is important to evaluate opportunities for property acquisition, preservation, conservation and potential development as they relate to the anticipated growth and subsequent recreational needs of the community. We will identify the potential use of currently developed and undeveloped agency properties. Additionally, we'll identify gaps in the service, connectivity and future developments with the prospects for the creation of greenways to establish appropriate linkages through the community. Suggestions will also be developed for the acquisition and renovation of properties that would satisfy the recommendations developed for the Master Plan. Potential partnerships will also be identified to develop key relationships for future land and facility development and improvements to the overall benefit of the community. 4. Open Space Plan and Ordinance Review The GreenPlay Team will conduct a review of the existing Neighborhood Open Space Plan and Ordinance to update the document to fit the current needs specific to the community and to insure they meet the recognized best practices of the parks and recreation field. F. Financial Resources and Expenditure Analysis We will conduct an analysis of the existing and potential budget procedures, resources, capital improvement plans, cost recovery, traditional and alternative funding, pricing methodology, user fees and, if appropriate, potential fee adjustments or increases. ~ 1. Resource Allocation, Pricing, and Cost Recovery - Important Threshold Factors GreenPlay has established and improved the "Pyramid" methodologies for helping agencies create an overall philosophy and methodology for resource allocation, pricing programs and evaluating cost recovery. We are currently training agencies nationwide and at conferences in the implementation and use of this fairly-straightforward but innovative methodology. This method is invaluable for making tough resource allocation decisions, and creating pricing and cost recovery strategies. These strategies need to be equitable, defensible, implementable at all levels, and should be based on the VALUE of the services to the community, not just a comparative evaluation of "what has been done before" or "what others are doing." It is an extension of "activity-based costing," but takes the analysis further into assimilating the values accepted and defined by your community, along with elected and appointed officials. As part of this project, we will explain and document the methodology, and evaluate your agency's current and potential methods for fair pricing that helps with increased cost recovery using this method. ~~$ ~Q(J'~ ~ ~ HdI.Y I~~ Benefit ~ o~..;' ~{j~ "'o:.,~ INDMDUAL I COMMUNITY / COMMUNITY I INDIVIDUAL ,"# ::::'::, ..:0 e,~ Q;-qj'!:J~ ~~:i cl:::- 4' 4,.:i COMMUNITY Benefit It! 2001 GreenPlay. llC In addition, we will evaluate and identify potential sources of traditional and alternative funding, including identification of grant opportunities and other resources that may eventually support the implementation of the objectives identified in the Master Plan. ~ 2. Alternative Funding and Partnerships On many similar projects, we are seeing a trend for agencies to look outside the traditional funding mechanisms towards the use of partnerships to fund improvements and future programming and use of public spaces. GreenPlay has extensive experience in looking at options for alternative funding. Alternative Funding typically includes grants, donor programs and/ or partnerships. This may include partnerships with other business, governmental (federal, state, school, nearby agencies, etc.), and/ or non-profit agencies, along with creation of policies and evaluation processes to help determine if they might be a "good fit." The GreenPlay Team will identify key partners in the area that are identified through this planning process, and analyze what partnerships could be viable for the organization. · The team will identify key partners in the area that are identified through this planning process, and analyze those potentially viable community partnerships for the City of Iowa City. · The team will identify strategies to address Public and Private Partnership opportunities, facilitate the partnerships and minimize risk. · The team will provide recommendations and sample documents that can be utilized to formulate a Partnership Policy that can be approved and implemented to help minimize risk and streamline the partnership opportunities. 3. Summary of Financial Analysis Specifically for this project, we will include financial analysis and recommendations related to: · Cost projections and analysis associated with cost recovery for operations, staffing, and maintenance. · Costs associated with maintaining the current Level of Service (LOS), and the costs associated with providing the recommended LOS. · Costs and revenues related to the capital funding available from fees, and recommendations for future fees. · An analysis of all types of user fees (services, impact, rentals, programs, etc.) · Specific identification of the total amount of capital funds projected to be generated under the LOS scenarios. · Traditional and alternative funding sources and mechanisms that can help augment the funding available to meet future needs as outlined in the Parks, Recreation and Trails Master Plan. I G. Findings Compilation l Upon completion of the principal project tasks we will present the draft "Findings Compilation" documents, which presents a summary of all information gathered thus far, including the complete inventory of the City of Iowa City's recreational resources, including parks, trails, facilities, and relevant components, along with the data pertaining to the current Level of Service analysis. This trip typically includes meetings with the Master Plan project team, key stakeholders and usually a public meeting with the appointed and/ or elected officials. The goal of these meetings is to come to consensus on the accuracy of the Findings, to get approval of the results so far, and identify any additional information that should be considered for analysis and drafting of recommendations. I H. Recommendations and Action Plans We will draft recommendations and an Action Plan that includes the findings and analysis of the previous steps and tasks into one cohesive, well-written and usable draft document for review, input, and final approval by the City. These recommendations can be used for setting goals and objectives for the management, improvement, expansion or elimination of the existing recreational resources in the City. The recommendations will be based on the analysis of the community demographics of the past, present and future, facility utilization data, and an inventory and analysis other similar facilities owned and operated by private and nonprofit organizations. In addition, we will utilize findings from the GRAS}J@ Methodology Level of Service Analysis, needs assessment findings, identified demands and trends; and our experience to develop a variety of decision making criteria matrices to evaluate the opportunities and constraints within the context of the City of Iowa City. We will: . Collect, analyze, and digitally synthesize demographic information. . Collect and analyze information on participation, needs and desires, operations, programming and land use trends, and Level of Service recommendations. . Provide usable and workable definitions, standards, and recommendations for designated parks and recreational resources. . Develop prioritized recommendations for the development, maintenance, and renovation of existing park and recreation facilities. . Recommend policy changes to eliminate programming barriers and improve participation. . Address issues, strategies, priorities, and budget analysis for the short term and long-term planning to improve future parks, trails, and recreation services. I I. Final Plan Recommendations, Presentations, and Deliverables Members of our GreenPlay Team have a firm and deep understanding relative to the present and future planning, economic, and political issues facing communities and parks and recreation departments. We understand that this Master Plan is intended as a living document that can change as conditions in the City of Iowa City change. We will draft a Parks, Recreation and Trails Master Plan that includes the findings and analysis of the previous steps and tasks into one cohesive, well-written, and usable document for review. We realize that for any Master Plan to be considered successful, it must communicate well the ideas and concepts of the plan, and be useful and implementable. We at GreenPlay pride ourselves on creating well-written, concise, and understandable documents that will get used. For this project we will provide these deliverables: . A detailed Work Plan, within 10 days of award and contract · Summary and database of existing conditions, inventories, and analysis . Summary notes and memos pertaining to findings of the planning process . A product of the Statistically-Valid Needs Assessment Survey for future use by the City. . Facilitation materials for all public workshop meetings with the Parks and Recreation Commission. . Power Point presentations of the major findings and recommendations. . All spatial information in a format readable by the City of Iowa City's GIS software (including the available free II ArcView" reader software) that will be useful for staff throughout the life of the plan and in the future. Final maps will be produced in replicable .PDF and color poster formats. All materials will be digitally integrated with GIS formats coordinated with the City's formats and adaptable to print and website applications. . We will provide twenty-five (25) formatted 8-1/2" x 11" bound print copies of the Draft Parks, Recreation and Trails Master Plan in hardcopy. . After final editing, we will provide twenty-five (25) formatted 8-1/2" x 11" bound color print copies of the Final Parks, Recreation and Trails Master Plan, and one (1) unbound 8-1/2" x 11" black and white and one (1) unbound 8- 1/2" x 11" color reproducible hard copy of the document for distribution, plus two (2) electronic version in a format consistent with the City's software. . After final editing, we will provide fifteen (15) formatted 8-1/2" x 11" bound color print copies of the Final Parks, Recreation and Trails Executive Summary, and one (1) unbound 8-1/2" x 11" black and white and one (1) unbound 8-1/2" x 11" color reproducible hard copy of the document for distribution, plus two (2) electronic version in a format consistent with the City's software. . We will also provide one (1) set of the Final Parks, Recreation and Trails Master Plan Maps that includes the goals, objectives and policies of the Master Plan in a color poster format (24" x 36"). . Additional print copies of the Master Plan and Executive Summary documents are available at the prevailing printing rates at the time of request. We will present the Draft Parks, Recreation and Trails Master Plan, which typically includes meetings and presentation of all draft analysis, the standards analysis (see GRASpID section), draft recommendations, Action Plan strategies to the Project Management Team and to the Parks and Recreation Commission at a general public meeting, and to the City Council for review and comment. We will provide specific concepts and maps to share. This allows the Commission members, the Council members, and the public to question and react to the plan. Following the draft review process and final editing we will present the final document to the Staff and City Council for further comment. The Final Parks, Recreation and Trails Master Plan will then be presented to the City Council for adoption. At the end of each meeting, we provide summarized meeting notes, as well as revisions to the materials being presented. This process synthesizes all concerns of both the desires of the City and the community into a plan that truly reflects what they envision as successful. Pro .ected Pro .ect Schedule Upon award of the project in July 2007 we will have the Parks, Recreation and Trails Master Plan completed within seven (7) months, with the final plan completed in February 2008. We can have our team members available to complete the project as proposed. Final length of project is primarily determined by the time needed to carry out the number of desired public meetings, presentations, and the time for approvals within the governing structure (all to be finalized during discussions during Start-Up). Unlike some firms, while we outline our process and suggested time line for you here, we know that we need to talk further with you to completely understand your public notification, staff resource availability and approval channels. Weare very flexible and efficient, and will conduct and attend the necessary number of meetings we need to in order to help you get this project done in a way that works specifically for your agency. We have never completed a project late due to internal GreenPlay workloads. B. Need Assessment & Public Involvement 1. Public Process 2. Public Assessment and Information Gathering 3. Needs Assessment - Statistically-Valid Survey 4. Demographics and Trends Analysis 5. Benchmarking/ Comparison C. Facilities Inventory and Assessment 1. Parks and Recreation Resources Inventory 2. Level of Service Analysis D. Programs/Services Inventory & SWOT E. Guidelines and Standards/Recommendations 1. Guidelines and Standards 2. Ranking/Prioritizing Demand/Opportunities 3. Identification of Improvements/ Acquisitions 4. Open Space Plan and Ordinance Review x X X X X X X X X X X X X X X X X X X X X x = Meetings and presentations for Team Members as needed. 'REENPI.AY", ::=='7 Helping You Achieve Your Goals 12 Involvement* $ 8,200 $ 2,000 C. Facilities Inventory and Assessment $ 2,700 $ 2,500 $ 1,500 D. Programs/Services Inventory & SWOT $ 2,000 $ 2,500 $ 1,000 Analysis E. Guidelines and $ 3,000 * National Benchmarking of Survey Results $ 250 * Importance-Satisfaction Matrix and Ratings $ 100 $ 250 This project is billed as Firm-Fixed Fee, meaning that all travel, reimbursibles and work products are built into the per task cost. :j: Under Separate contract with the City of Iowa City ** Includes estirnt[te of25 color copies of the draft document, and 27 color copies of the finatdocument at $100 per copy = M-t(~ Prepared by: Tracy Hightshoe, PCD, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5244 RESOLUTION NO. 07-198 RESOLUTION APPROVING FUNDING FOR DISCERNING EYE, INC. FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held two public meetings to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Discerning Eye, Inc. be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of an unsecured, seven-year (7 year) amortized loan with an annual interest rate of 3.2%; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to retain employment opportunities for low-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute an agreement with Discerning Eye, Inc. for activities in connection with this allocation of public funds in the form of an unsecured, seven-year (7 year) amortized loan with an annual interest rate of 3.2% and is further authorized to terminate or amend said agreement. Passed and approved this 10th day of F;r(t..-: '~(';. :'~ Approved by ~.~ 7--J-c.)- City Attorney's Office ATTEST: ~ I! ~ CI CLERK Resolution No. Page 2 07-198 It was moved by Champion and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: x X X X x X ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Resolution be ABSTAIN: X ,~ 1 -~= -.....!t -----..... !~W!S ~~_aa.~ .... - CITY OF IOWA CITY MEMORANDUM ~ L!LJ Date: July 3, 2007 City Council Tracy Hightshoe, Associate Planner CDBG Economic Development Funding Recommendation Discerning Eye, Inc. To: From: Re: The City Council Economic Development Committee reviewed Discerning Eye's economic development application during their May 29 and June 21 meetings. Discerning Eye is a full service optical store that provides eyewear and lenses in a downtown retail store at 119 E. Washington Street. In addition to frames, the store also carries clothing accessories, purses and jewelry. The project includes the retention of one full time optician. The retained position is paid above the CEBA wage threshold and is available to an employee with a high school diploma. CDBG funds will be used for working capital. The committee recommended Discerning Eye's request for $35,000 in funds. The loan will be for 7 years at an interest rate of 3.2%. Interest payments will be due monthly, however 1/7 of the principal amount will be due each December, in order to align the principal payment schedule with their highest sales month. The committee recommended this project without security due to high owner commitment to the business, a strong recommendation from their commercial lender and the owner's history of paying the obligations entered. The resolution approving the CDBG funds and the financing terms for the business are on the July 10 Council agenda for your consideration. If you have questions regarding this project or need additional information please contact me at 356-5244. A copy of the submitted application is available in the May 29 City Council Economic Development Committee packet. The application as well as the minutes from the May 29 and June 21 meetings can be found online at http://www.icgov.org/boardminutes.asp?ID=37. fvI~ L! \~ Prepared by: John Yapp, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 07-199 RESOLUTION ADOPTING A COMPLETE STREETS POLICY FOR THE CITY OF IOWA CITY, IOWA AND REPEALING RESOLUTION NO. 07-109. WHEREAS, the City of Iowa City is committed to creating street corridors that accommodate bicyclists, pedestrians and public transit as well as motorized vehicles; and WHEREAS, pedestrian, bicycle, public transit and motorized vehicle facilities will be implemented through subdivision design standards and public street construction and reconstruction projects; and WHEREAS, a sidewalk infill fund has been established to construct sidewalks within existing street rights-of-way where the streets are not being reconstructed; and WHEREAS, bicycle and pedestrian facilities will not be required where their use is prohibited; and WHEREAS, public transit facilities will not be required on streets that do not serve as a bus transit route and the desirability of public transit facilities will be determined on a project specific basis; and WHEREAS, bicycle, pedestrian, and public transit facilities will not be required where their cost is excessive as defined by this resolution; and WHEREAS, Council desires to amend the Complete Streets Policy adopted by Resolution No. 07- 109 to clarify that the City Council will make the decision whether the cost of bicycle, pedestrian and/or other public transit facilities is disproportionate to the need or probable use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: All public street projects or public street reconstruction projects (not including maintenance) in the City of Iowa City shall be designed to accommodate travel by pedestrians, bicyclists, public transit, and motorized vehicles and their passengers with the following exceptions: 1. Bicycle and pedestrian facilities are not required where they are prohibited by law such as within interstate highway corridors. 2. Public transit facilities are not required on streets not serving as transit routes; the desirability of bus turn-off bays and other transit facilities will be determined on a project specific basis. 3. If the cost of bicycle, pedestrian, and/or public transit facilities is excessively disproportionate to the need or probable use, defined as at least 20% of the overall project cost, the City Council may choose not to require bicycle, pedestrian and/or transit facilities. This action may occur during the budget and capital improvements program approval process, at a work session discussing the project, and/or when project plans and specifications are approved. 4. Resolution No. 07-109 is repealed. ~ . t1~, - Resolution No. Page 2 07-199 Passed and approved this 10th day of .Tn 1 'I MAYOR ATTEST: 7/~~~. ~~ CITY . ERK It was moved by RR; 1 f''l and seconded by adopted, and upon roll call there were: AYES: NAYS: x X X X X X X jccogtplreslicstreetspolicy.doc ,2007. - n:zy ~ ~.. 7-s~/J7 City Attorney's Office Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn =- ~JCCO ~ .-:::: ~ ...~ m e m 0 1'... Date: June 28, 2007 From: City Council John Yapp, Interim Executive Director-l~~ Complete Streets Policy To: Re: Recently you received a letter from the Thunderhead Alliance expressing a concern about the Complete Streets Resolution adopted by the City Council in April 2007. The Thunderhead Alliance is a national coalition of bicycle and pedestrian advocacy organizations; Iowa's member organization is the Iowa Bicycle Coalition. The concern expressed by the Thunderhead Alliance is that the resolution does not clearly state that the decision to not include pedestrian, bicycle or public transit facilities in a public project is determined by the City Councilor a senior staff member. During conversation about the Complete Streets Resolution, we discussed that the City Council always has the ability to fund bicycle, pedestrian and public transit projects, even if the result is that the cost of a road project increases by more than 20%. The minimum threshold of 20% of project cost is the point at which staff would bring up the question of the cost of the bicycle, pedestrian and/or transit facility. The 20% threshold is consistent with federal guidance for the point at which the cost of a pedestrian or bicycle facility may be considered to be excessive. We have proposed alternative language in the Complete Streets Resolution (attached) making it clear that the authority to not include the bicycle, pedestrian or transit facilities in the road project due to cost rests with the City Council. Consistent with discussions of other capital projects, this decision could occur during the budget and capital improvements program approval process, at a work session discussing the project, or when project plans and specifications are being reviewed and approved. Amending the resolution as suggested should not change actual practice, but may make it more clear to outside parties not participating in the discussion what the intent of the resolution is. cc: Jeff Davidson Kent Ralston jccogtp/mem/completestreets-6.27.07.doc M-~,\ \1 ( .";. .. '- Prepared by: Anissa Gerard, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 07-700 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KIMBALL ROAD BETWEEN N. GOVERNOR STREET AND WHITING AVENUE WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Kimball Road between N. Governor Street and Whiting Avenue, have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 72% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on Kimball Road between N. Governor Street and Whiting Avenue is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Kimball Road between N. Governor Street and Whiting Avenue. Passed and approved this 10th day of Till y , 20~, MCi?- L) ~lL ---.. ATTEST: 7)~~ I!. ~ CITY LERK Approved by ~J.~ "(:z.u/rJ'I / City Attorney's Office Jccogtp/res/kimballrd spdhump.doc Resolution No. Page 2 07-700 It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: Bailey AYES: NAYS: ABSENT: x X X X X X- x the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn .li' .. =p--/. :~ 1 ~ 1 --~= -10 ;tw_~'r ,,~~...i\t"~ ....- ~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org June 26, 2007 Residents on Kimball Road between N. Governor Street and Whiting Avenue Re: Survey results of potential traffic calming on Kimball Road Dear Resident: The City has been working with your neighborhood to develop a traffic calming project in response to neighborhood concerns about traffic speeds on Kimball Road between N. Governor Street and Whiting Avenue. A survey of the affected residents of Kimball Road was conducted. The response to the survey was 10 in favor and 4 opposed to the speed humps. 12 survey postcards were not returned. That is a 72% majority in favor, which is above the 60% majority required by the City's adopted Traffic Calming Program. After a public comment period, final approval will be considered at the July 10, 2007 City Council formal meeting. If approved, the speed humps will be installed as shown on the attached diagram. If the City Council approves the project, the speed humps will be constructed later this summer or early fall. Approximately one year after installation, we will complete a follow-up traffic study and another neighborhood survey. This would determine if you feel the speed humps have been effective and if the neighborhood wishes to keep them in place. If you have any comments or questions, please contact me at 356-5254 or anissa- gerard@iowa-city.org . Sincerely, Anissa Gerard JCCOG Traffic Engineering Planner cc: City Manager City Council Karin Franklin Jeff Davidson Rick Fosse Ron Knoche June 2007 KiMba. II PROPOSED Rond between SPEED HUMP N Governor St LOCA TIONS a.nd W'hiting Avenue ,~ 1 ~~~~it ~ ~~.~ -..:...... CITY OF IOWA CITY MEMORANDUM ~ L..2...J Date: July 2, 2007 To: City Council From: Anissa Gerard, JCCOG Traffic Engineering Planner ()J5\ Re: Item for July 10, 2007 City Council formal meeting: Proposed traffic calming on Kimball Road The residents in the 500-700 block of Kimball Road requested to be considered for the City's Traffic Calming Program. The neighborhood has successfully completed the required steps outlined by City Council, 85th percentile speeds were between 28.1 and 44.6 mph and volumes were between 1200-1400 vehicles per day. One of the last required steps is to post signs in the neighborhood soliciting public comments. Comments were also requested from City of Iowa City Police, Fire, Transit and Streets Departments and Johnson County Ambulance Service. I have received four comments from residents that live on Whiting Avenue and Ridge Road who requested I forward their opinions. All of these residents are not in favor of the proposed speed humps. They claim there is no one speeding and the speed humps are uncomfortable to drive over. Transit has commented "We would rather not have speed bumps on a bus route, but we can live with it if that is what the neighborhood wants. We have to go pretty slow through that neighborhood anyway due to the narrow street and curves". All emergency services and streets departments have not commented about this project. The attached resolution, if approved, will allow staff to proceed with the installation of speed humps on the 500-700 block of Kimball Road. cc: Steve Atkins Jeff Davidson Marcia Klingaman Rick Fosse Ron Knoche Mgr/agditms/ag-trafcalm-kimballrd.doc \32~ W,~i-n\'j v~0U\v.~__L)Lu"+ \0\.1..1(.. c:~. \01.."";('- 5.l.li-\S Ju.~e .24 I '200rl ell \... r-) I .' ..,. C~~ Collnc..L\ ~ \O\XI. C:~ f\ - "- i-\ \ u E. ~..>(W) h~ '(J t1) \I \OW(,L D'\J' \tx.J6.. 5 22'40 p., 2 p.I,1 \' \\ ZGOl ,JUL - '\ i . (-'.:"t -.J \jll i 10'\'. If'. v Vt\ 'Dro.\ C ~ &u.n0. \ VY\et\'\bels, I Of pose.. jCU( f><OPDSc& ~ iMtaJl~I'j hpucl ~i.A.mpS i)r\ \(~m ba.\ \ \<DD4 UJ) 0.. wUj Th Ull~ i\a.jf~ ~~eC\ /ofoHf" (100Ur0f o.N~ Wh'It1~ A0i'(\v.e. ~ t~u.t/\'\.'~ wa..Q1,{, ~ dD8s Q.\oVj ~o.:t ..b\-(d:~ ~ (Oo.J. o..N1 ~~ neJ2(, Q,,, Cl)u...~t~.t.ed ~ P(D b\e.~ . .J 'p~ *-e.. 1x1~-.a.it.l. ~\U-t1D~ "b ~Qcl. bLu"'('S W;U Dreo..te V'0O(~ p{Db\~~-n& ~'CL"\\ ,t 0, Ll ..ro\Jt.. LD\"j -t.e.rt'V\ J:YD\vl:\O\;'\b. 1::>u..~ Cl.J.)., W'ld~:~~ K~~bill. Roell! I WlJ.~:~ ~ e.. Jtl\(~ s-t;0 j) \Ae..wc...Q~ I \Mtill~ (\~' 0... (\Q.W J)~t1a. waJh< 0", 4..a offoi..te. -D:t1i.) {.e - (ou:t""j ~ ~)LUJ, ~J. CDn\f\~(~ ttt. S-t. ^t'(\~'" S J0~\-Q.n~O{\ ~ho~ol bL jje;(lOu.D\() c.o~" ~ AA i!J . k~~nba..Q1 ~Ctc\ ~ too V'\{U{Ov) f;i ~\Q \JD\v...\'Y\~ CS' -hCt:SrL. ~t to.{(~Jl4 Clr~ '7('o2.\1~ Q.. b\..lJ) ('oute #T~ i>i;ff\oJ... au,; ~lfI 1 pl.tttl~ a.. ~J€-w6..h:. iC-o.:.t clos.e. to ~ J)~ tV:. .~ cA.CUn tJUOI.J-.0 ~ l1'tct. ~ W\-.j ~ e. ):$.(12..12../, (lMck J:{\~e-WdI,<,5 V\~ec.l ~ ~ v.:>~de.C\ Dr e.Dfn(J (l'.k-e. ~t.\ ~(\IL~.. ~~.QQtJ. 'ou~S o..re Y\~ ~ &D\v.;t:O,,! - \ 'Y\Cir('\l,( . ~Dv... j .-f\~\.,tc..- ti L,ct:rD~ f\ \".ES) DON MADSEN .. . 38 1315 WHITING AVENU~f\~TJUL -'3 t\~ 8. IOWA CITY, IOWA 52245f5'tj46 . .., C'\! ""..,I ( \ eM "- \..l\\ \ r'0~ \O'J~~ \O\nt:, \.), , Members of the City Council Iowa City, Iowa Re: Proposed Traffic Calming on Kimball Road Dear Members, My wife and I have lived in the Whiting Addition at the above address for over 50 years and I have a very active interest in Iowa City. My first activity was suggesting underground wiring for the city. I was then chairman ofa committee of the Iowa City Engineers Club, whose report was adopted by the club and several years later by the city for new developments. Later I proposed that Dodge and Governor be made a one-way pair. Shortly after that Dr. Larry Sieck became Iowa City first Traffic Engineer. I took him on a tour of the streets. Some time later the Market Jefferson pair change was followed by the Dodge Governor pair. Later I was appointed to the Planning and Zoning Commission, serving for nine years with four as chairman. This was during part of the Urban Renewal years oflowa City. There was a period on the Regional Planning Commission and also on a Transportation Committee of it. Last week we noticed signs along Kimball Road regarding traffic calming to be considered soon by the City Council. A resident of the section of Kimball Road involved in the proposal provided me with a copy of the material that had been circulated to the residents in that section. The resident also told that there had been a "vote" about the proposal. The fact is that Kimball Road is used by many residents of the Whiting A venue area and is also used for bus service. In fact a majority of the residents polled would probably encounter fewer of the bumps than others who were not polled. As far as I am concerned the traffic moves on Kimball Road with far less problems than on many streets in Iowa City. While it might be fair to poll only contiguous residents on a cul-de-sac, it definitely is not fair when the street is a collector street used by other residents. We need to make it easier to get from place to place in Iowa City. In my opinion there is a need for making travel within the city more convenient, not less. ~ )LJ<Lf""L Page 1 of 1 Marian Karr ,<<<<,.,,<<<<<<<<~~<<w<<<<<<,__, -~~-~~-<<._".>>",~,-,~~-~-~-<<<.....,._-,~ From: Sarah Hansen [sarahluxhansen@yahoo.com] Sent: Tuesday, July 03, 2007 8:26 AM To: Council Subject: Traffic Calming on Kimball Road -- please support! Dear City Council: We are writing to express our strong support for the traffic calming measures on Kimball Road. Since we moved there in 2000, we have been shocked at the speeds people use on this road, especially given that it has no sidewalk on one side and no parking buffer on the other. There are many children walking to and from Shimek on this street and it is disconcerting to be walking with our children and have folks speed by. We voted for traffic calming as did 71 % of the neighborhood and we encourage council support of this action. Sarah and Scott Hansen 7ll Kimball Road Need a vacation? Get great deals to amazing places on Yahoo! Travel. 7/3/2007 \3 Marian Karr From: Sent: To: Subject: thomas .saterfiel@act.org Monday, July 09, 2007 10:00 AM Council Speed Bumps on Kimball Road To Whom It May Concern: I wants to share my concerns about the proposal to place speed bumps on Kimball Road. My primary concern is that the last time I checked this section of road is part of the city bus route six days a week. Placing speed bumps in the middle of the street could cause several problems that could lead to tax payers having to spend more money. First there could be added damage to the city buses itself which would need repair. The city bus routes are also the first to be plowed during the heavy snow season. No doubt either the plows will be destroying the speed bumps or the speed bumps will be damaging the plows. In either case the tax payers get to spend even more money for this action. If you plan to grant this request for "community based speed bumps" I request that you first remove the city bus route from Kimball to reduce the traffic terror these individuals must be experiencing by having these large city buses going through their neighborhood twice an hour for six days a week. You could have the bus route turn right off Caroline onto Buresh and bring it back onto prairie Du Chien at St. Annes Drive. This would allow the city bus service to serve more homes and remove this city instituted traffic from Kimball Road. since the rash of request for "community based speed bumps" started with the goal of trying and stop indiviudals who don't live in a community from driving on the public streets in that community the city leadership has been forced to deal with the competing issues. One group of tax payers want adequate roads to get around the city in a timely manner while another group of tax payers want to make sure the roads that go by their house are not part of that plan. However I believe it would be bad policy to start approving placing community based speed bumps on the city bus route. Tom Saterfiel 49 Samuel Drive Iowa City, IA 52245 1 Page 1 of 1 13 Marian Karr From: Sent: To: McFarland, Barbara J [barbara-mcfarland@uiowa.edu] Tuesday, July 10, 2007 9:55 AM Council Cc: McFarland, Barbara J Subject: July 10,2007 Meeting Agenda Item 13 Kimball Road This correspondence will become a public record. Iowa City Council Members, My name is Barb McFarland and I have lived in Iowa City on Whiting Avenue for 16 years. There are signs posted on Kimball Road, which is adjacent to Whiting Avenue, stating that speed humps are to be installed upon City Council approval. As a resident of this neighborhood I would like to express my opinion on this matter due to the fact that since I do not live on Kimball Road I was not able to have any input into their decision. If you are not familiar with Kimball Road it is very narrow, has numerous curves and a very steep hill which is approximately three blocks long and on a curve. The sidewalk is right next to the road as are many utility poles. As long as I have lived and utilized Kimball Road as a route to my residence, I have not seen any undue problems with speeding or accidents, perhaps there are statistics. pertaining to the number of accidents and speeding tickets given on Kimball Road. I do not know if winter weather driving conditions were taken into consideration. There are times in the winter when it is hard enough to drive up Kimball Road without an added obstacle such as speed humps to deal with. feel it would make it much more difficult to maneuver on that road in slick conditions with speed humps. I know how people drive around City High with the speed humps in that area, they tend to go over to the edge by the curb to avoid having to go directly over the center of the hump with all four tires. With Kimball Road being so narrow and how the sidewalk and the utility poles are situated, along with the blind curves of the road, I feel that speed humps will cause more dangers than they are worth with drivers trying to avoid going over the humps. I think other options need to be explored. There is a lot of cut through traffic going to and from Dubuque Street and North Dodge Street during the rush hours. Perhaps if there were Police presence during that time it would slow the drivers down. If some of the speeders were ticketed regularly that would be helpful. Perhaps more caution signs would be beneficial, something with a flashing light to remind drivers of the pedestrian cross walks, the blind curves with driveways, and the speed limit. I understand that the City Transit is not in favor of this measure. I also wonder what the opinion for the bus drivers of the school district might be as they have buses for Shimek Elementary and Southeast Jr. High traveling on Kimball Road during the school year. I would like to urge you to vote against the addition of speed humps on Kimball Road with the stipulation of exploring other safer options. Thank you, Barb McFarland 626 Whiting Ave. Iowa City, IA 52245 7/10/2007 ^\~ I 07 -10-07 14 J Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 07-201 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, et ai, AND TENANT LINN STREET CAFE, INC. D/B/A LINN STREET CAFE, 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, Marc Moen, et ai, as landlord, and Linn Street Cafe, Inc., d/b/a Linn Street Cafe, as tenant, applied for a temporary use of the public right-of-way at 121 N. Linn 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. Julv ,2007. MAYOR ATTEST: A~dt.:J c? ~ CITY-CLERK Approved by: ~ ;-1--01-, City Attorney's Office Resolution No. Page 7 07-201 It was moved by RR; 1 f'Y and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn "" 1:. . '.J "_ -t-{(\ \.....1 .~~~7 Prepared by: Sara F. Greenwood, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-202 RESOLUTION AUTHORIZING CITY MANAGER TO AWARD PUBLIC IMPROVEMENT CONTRACTS, EXECUTE SAID CONTRACTS, AUTHORIZE WORK AND APPROVE CONTRACTOR'S PERFORMANCE AND PAYMENT BOND FOR PUBLIC IMPROVEMENT PROJECTS PURSUANT TO IOWA CODE SECTION 26.14(2007). WHEREAS, Iowa Code Chapter 26.14, as amended, requires the City to solicit competitive quotations for public improvement contracts where the total estimated cost of the project is between $51,000 and $100,000; and WHEREAS, Iowa Code Section 26.14, as amended, authorizes the City Council to delegate to an officer or employee of the City the authority to award such contracts, to execute such contracts, to authorize work to proceed under such contracts, or to approve a contractor's performance and payment bond; and WHEREAS, the City of Iowa City finds it in the public's best interest to delegate this authority to the City Manager or designee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager or designee has the authority to award a contract, to execute a contract, to authorize work to proceed under a contract, or to approve the contractor's performance and payment bond for public improvement projects where the estimated total costs require the City to solicit competitive quotations pursuant to Iowa Code Section 26.14(2007). Passed and approved this 10th day of c2-LJ jii~ MAYOR ATTEST: 7/r~ K. ~ CIT CLERK Approved by ~~.!I.~ City Attorney's Office ,/,;zft7 Resolution No. Page ? 07-?0? It was moved by Champion and seconded by Vanderhoef adopted. and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X X X ~ L.1.L Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-701 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE USE AND BENEFIT 'OF THE UNIVERSITY OF IOWA FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING. WHEREAS, the Iowa City Public Library Building at 130 S. Dubuque Street contains commercial space being marketed for lease for commercial use; and WHEREAS, The State Board of Regents for the Use and Benefit of the University of Iowa (hereinafter "University") desires to lease 7,995 square feet of basement commercial space for use as office space; and WHEREAS, the Library Director has negotiated a lease agreement with the University for 7,995 square feet of said basement commercial space for a term of three (3) years with two 1-year renewable options; and WHEREAS, it is in the public interest to enter into said lease for the basement commercial space as provided therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: - 1. The lease agreement attached hereto and made a part hereof is approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the lease agreement attached hereto in duplicate. 3. The City Manager is hereby authorized to execute any subsequent renewal options, as provided in the attached Lease. Passed and approved this 10th day of ~ulL MAYOR """ Approved by.. 47 ') / /" fl'.------. ! /J/Q ;> v City Attorney's Office ATTEST: 7l~~ f(. ~ CITY - LERK Annie/forms\resauthapprovelCPL lease (UI).doc Resolution No. Page 2 07-203 It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn LEASE -- BUSINESS PROPERTY (Board as Tenant) THIS LEASE AGREEMENT, MADE AND ENTERED INTO THIS day of ,2007, by and between The City of Iowa City (hereinafter called the Landlord) whose address for the purpose of this lease is 123 South Linn Street, Iowa City. IA 52240, and the Board of Regents, State of Iowa for the Use and Benefit of the University of Iowa (hereinafter called the Tenant) whose address for the purpose of this lease is 305 PCO, University of Iowa, Iowa City, Iowa 52242. ORIGINAL '13 WITNESSETH THAT: 1. PREMISES AND TERM. (a). The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa, to wit: 7,995 square feet of office space. located at 130 S. Dubuque Street, Iowa City, Iowa 52240. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on "Exhibit A," if and as may be attached hereto, for a term of 3 years, beginning at midnight on the first day, which shall be on the 11th day of July. 2007, and ending at midnight on the last day of the lease term, which shall be on the 30 th day of June, 2010, upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. The Premises includes no provision for parking. Tenant must secure its own parking. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $3.997.50 per month, in advance, the first rent payment becoming due upon the 1 st day of September. 2007, and the same amount, per month, in advance, on the 1st day of each month thereafter, during the term of this lease. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant shall have the right to terminate this lease. 3A. AIR HANDLING. The parties will reach a mutually agreeable resolution to the issue of air handling capacity, prior to Possession. Should the parties fail to reach a mutually agreeable resolution, this lease will become null and void. The Library Director is authorized to negotiate and resolve this issue on behalf of the City of Iowa City. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises, only for legal purposes. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant-occupied areas and all common areas of the building. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is absolute and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. .' 2 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, structural part of the floor, walls and other structural parts of the building in good repair. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building. Tenant will furnish its own interior decorating and flooring. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this lease fix responsibility for heating upon the Tenant. Tenant shall make no structural alterations or improvements without the written approval of the Landlord, which approval shall not be unreasonably withheld. Tenant is responsible for securing all windows and doors within and on its leased space and shall exert diligence in keeping building entrances and openings locked after normal business hours. (d) Tenant will make no unlawful use of said premises and agrees to comply with all applicable valid regulations of the Board of Health, any applicable City Ordinances, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. 7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay all charges for use of telephone and other utilities and services which may be used in or upon the demised premises, except as provided below: (b) AIR CONDITIONING shall be furnished at the expense of Tenant. and maintenance thereof at the expense of Landlord. (c) JANITOR SERVICE shall be furnished at the expense of Tenant. (d) HEATING shall be furnished at the expense of Tenant. (e) WATER AND SEWER shall be furnished at the expense of Tenant. (f) ELECTRICITY shall be furnished at the expense of Tenant. (g) TRASH DISPOSAL shall be furnished at the expense of Tenant. (h) ALL COMMON AREA expenses shall be paid by Landlord. (i) Tenant payments for air conditioning, heating, water and sewer, and electricity shall be 7.57% of the total building bills for each of these listed expenses. L~lldlord vvilll5roJiele R...... aRe! l'tlaiRtaiR the fellewin~ vORtilati6R te tRe oeeu~ioel 3~6ee e1uril'1~ tRe leasoa l3orieeJ: -23.5 t6F1:3 (282 MBh) of cooling BRa 106 MBh heoting 6al3acit'l. and 2260 CFM of vORtilatioFl air, '5800 CrM of total ail, !plit across AIIU S and At IU 8 to VAV boxes. . 3 8. (a) SURRENDER OF PREMISES AT THE END OF TERM - REMOVAL OF FIXTURES. Tenant agrees that upon the termination Of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof is prohibited without the Landlord's written permission. Such written permission shall not be unreasonably withheld. 10. LANDLORD'S RIGHT OF ACCESS. Upon reasonable notice, Landlord or its authorized representative may enter the leased premises at any reasonable time for the purpose of inspecting the leased premises or for the servicing of any utilities. In addition, Landlord shall have direct route access to the Landlord's remaining storage space in the basement without notice to the Tenant. 11. TAXES. Tenant, during all terms, shall be responsible for all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall pay, as additional rent, on the 1st day of each month during the term of this lease an amount calculated by Landlord to provide for payment installments of real estate taxes and special assessments, as those payments accrue. The monthly payment shall be adjusted from time to time as the costs of real estate taxes are known so that the amount held by landlord will be sufficient to pay those obligations in full and in a timely manner. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At the end of the lease period a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. 12. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage. Both parties recognize that Tenant, as any agency of the State of Iowa, is self-insured. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises. 4 (c) In the event of damage to buildings or improvements by any natural or manmade disaster, the Tenant shall notify the Landlord by telephone or in writing within 24 hours of Tenant's knowledge thereof. (d) Release of Recovery Rights. Each party hereby releases the other from claims for recovery for any loss or damage to any property owned by either party which is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that waiver shall apply only when permitted by the applicable policy of insurance. 13. LIABILITY. Tenant shall assume responsibility for and indemnify and hold Landlord harmless from all claims, damages, and/or liability, including reasonable attorney fees, arising from the use and occupancy of the leased premises hereunder to the full extent permitted by Chapter 669, Code of Iowa (2007) and the Iowa Constitution, Article VII, Section I. Provided, however, that Tenant shall not be responsible, indemnify, or hold harmless for damage resulting from Landlord's negligence. 14. DESTRUCTION OF LEASED PREMISES. (a) PARTIAL DESTRUCTION. In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within sixty (60) days of its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Landlord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for the Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises including the parking area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises and the damage cannot be repaired within sixty (60) days, this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be affected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rent pro rate only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 15. CONDEMNATION - DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 16. TERMINATION OF LEASE. This lease.shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if 5 any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. RIGHTS CUMULATIVE. The various dghts, powers, options, elections and remedies of either party, provided in this lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 19. NOTICE AND DEMANDS. Notices as provided for in this lease shall be given to the respective parties hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered mail or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 20. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 21. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the entire agreement of the parties. 22. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 23. NONAPPROPRIA TIONS CLAUSE. Any obligations incurred by the State Board of Regents pursuant to this lease shall be paid from any funds the State Board of Regents legally has available therefore, and the State Board of Regents covenants to annually budget 6 sufficient amounts to pay its rental obligations hereunder; notwithstanding any other provisions of this lease, if funds anticipated for the continued fulfillment of this lease are at any time not forthcoming or insufficient, either through the failure of the Iowa legislature or the federal government to provide funds or alteration of the program under which funds were provided, then the State Board of Regents shall have the right to terminate this lease without penalty by giving not less than thirty (30) days written notice documenting the lack of funding. 24. HANDICAPPED ACCESSIBILITY. Landlord shall maintain the premises in compliance with all applicable State and Federal laws and regulations concerning accessibility by the handicapped. In the event that the Tenant is fined for violations of said laws and regulations for areas within the responsibility of the Landlord under the terms of this lease agreement, Landlord agrees to indemnify, defend and hold harmless the Tenant. 25. RENEWAL OPTIONS(S). Tenant shall have the option to extend the term of the lease for two (2) additional periods of one (1) year each: July 1, 2010 throuQh June 30, 2011 and July 1,2011 throuQh June 30,2012 under the same terms and conditions except for reasonable rental increases, upon written mutual agreement of the parties, such increase will not exceed the annual Consumer Price Index (CPI). The CPI factor to be used in computing reasonable rental increases pursuant to this paragraph will be based on the most recent calendar year Consumer Price Index for urban wage earners and clerical workers (U.S. city averages). Tenant shall notify Landlord at least 30 days prior to renewal date of intention to renew. IN WITNESS THEREOF, the parties hereto have duly executed this lease the day and year first above written. TENANT BOARD OF REGENTS, STATE OF IOWA University of Iowa 5? -1-0' Date eo e Hollins, University Business Manager LANDLORD CITY OF IOWA CITY ~u~ Mayor Ross Wilburn Attest: ~ U'~ City C rk j< ~ 7 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this f.21*- day of ~j- , 2007, before me, the undersigned, a notary public in and for the State of wa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~drG~~ Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY) IS:!:- On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, ersonally appeared George Hollins, to me personally known, who being by me duly sworn, did identify himself as the Business Manager of the University of Iowa, empowered to bind the University of Iowa, and acknowledges the execution of the instrument to be his own voluntary act and deed. N tary Public in and for the State of Iowa ';jf.'it:~i ' , HHONOA K. DIETRICH r tlOfllflli!i!ilon Number 136242 . My eOfllfll, Illp. 1-1 it-6CJ ,,=- . ,.r_"",~,.. ~ "" Approved: L 0fc( " City Attorney Approved: ~ ~ Library Director ~ . EXHIBIT A 00 ::; a:o Wo ~a: o..cn ::;~ 80 ::; a:g ~a: o..cn ::;~ 80 ::; ~g ::Ja: o..cn ::;~ 80 ~~ a:0 IDa: :1 ::; a:o Wo ~a: o..gJ ::;5 80 -:::;Jl 1 1 I I I I I I I I I I I I I I I I I I I J I I I I I I I I --' : ___.J !! io ~ ~ (J) ~ ::; :J ~g 0 ::Ja: o..(J) ~ ;;S~ 00 ::; (!J a:o ZI"- Wo ~a: -0 o..gJ Z_ ::;5 - LO 80 ~~ 1-, a:'<:t ~Z ::; ::>0 ffiG 0..- >-0 :2b:: ::Ja: o..(J) ::;(J) 00 8[3 0 ...J ::; a.. a:o 0 I':! 0 ::Ja: o..(J) ::;~ 0 80 :c ::;; 0 ::> 0 a: " a: ~ z 0 ~ z U) 0 ~ ~ ~ I- ~ ~ ~ ~ z u 0 ~ u ~ w 0 ~ u ~ ;:; I- 2 Z ~ z :;; I:: Z I 0 ~ ~ g ~ U ~ ....' . 8 ........ ::> """ 0 lJ.J <( ~ ~ z ~ M.16' ~. ~ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 07-204 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2008 FOR THE CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs the City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2007: Salary: City Attorney - $69,189.12 (60% FTE) City Clerk - $89,190.40 Passed and approved this 10th day of Gl-u ]L MAYOR ATTEST: 1~A.t~;U~. ~~ CIT LERK Approved by ~.W 1,..3"'D7 City Attorney's Office c1erklreslsal ariesO 7. doc Resolution No. Page 2 07-204 It was moved by Correia and seconded by adopted, and upon roll call there were: Bailey AYES: NAYS: ABSENT: x X X X X X X the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn MIt C1L. Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 07-205 RESOLUTION APPROVING THE APPOINTMENT OF DALE HELLING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY WHEREAS, City Manager Steve Atkins has submitted his resignation effective July 31, 2007; and WHEREAS, the City Council has determined that it would be in the best interests of the City of Iowa City, Iowa, to appoint Dale Helling as Interim City Manager for the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Dale Helling be appointed Interim City Manager for the City of Iowa City, Iowa, effective August 1, 2007, and that his salary shall be $148,000 annually until a permanent City Manager is named. Passed and approved this 10th day of Julv ,2007 . ~U~ MAYOR - ---.... ATTEST: . ~--d u..J If/. ~ CI ERK tI~~ City Attorney's Office 7 - ~ ~ D7 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn cler1\lreslhelling-interim.doc