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Home My WebLink About2007-08-21 Resolution M\!'J t=) \ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-?i? 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: Field House - 111 E. College Street Union Bar - 121 E. College Street Passed and approved this 21st dayof ~ l _J ~ ojO:- C. _ MAYOR '-', ATTEST: )J~ =k.~--l~ CIT CLERK Approved by ~ ~ \__ ~-o\,.. City Attorney's Office It was moved by c.hRmpi on and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: ~ ----X- --X- X X ----X- --X- NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn M [;~r1~) \ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-233 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: I.C. Pit Stop - 300 Kirkwood Avenue Passed and approved this 21 s t dayof (2--LJ.M: 01 ~ -- MAYOR ATTEST:)J#~,v ~ CI 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: Vanderhoef the AYES: ----X- --L ~ -1L ----X- ----.1L ~ NAYS: ABSENT: Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn M""i r=n Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 07-234 RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 4th day of September, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21 s t day of August ,20 07 ~ W.JLL MAYOR -t Approved by ~<d. ~ vvvnrP City Attorney's Office ri'f/"? -- ATTEST: IM/J"'./~~ k. ~ ~LERK pwenglreslfirestation2setph, doc 8/07 Resolution No. Page :2 07 2311 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x X Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~r:;r\ Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 07-?i'l RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 4th day of September, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of G.l )'2~ MAYOR '-/ ~ Approved by _~~<f~W2~ City Attorney's Office [;/'11 "7 - ATTEST: ~~~u) cK- ~ CI LERK pwenglres/srctrrestroom-setph.doc 8/07 Resolution No. Page 2 07-235 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x y x x NAYS: VRnrlprhof>f the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Ill.) (][] Prepared by: Steve Rackis, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240319-356-5407 RESOLUTION NO. 07-?ifl RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY07. WHEREAS, the Public Housing Assessment System (PHAS) implements 42 U.S.C. 91437dU) and evaluates the performance of public housing agencies (PHAs) in major areas of management operations; and WHEREAS, the Department of Housing and Urban Development requires formal approval of a written certification showing compliance with federal regulations; and WHEREAS, said written certification is on file in the office of the Housing Administrator; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHAS Certification be approved. Passed and approved this ? 1 !:: t day of August , 20~. ~ l j ~~ MAYOR I ~ ATTEST: )n~ iI. ~ CITv'cLERK Approved by ~&~~?--O1- City Attorney's Office It was moved by r.hR11lpi on and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X x X 9 :Idatalwpdatalhisasstlreslphascer.doc p- 1-+ ( , ) CITY OF IOWA CITY MEMORANDUM Date: August 16, 2007 To: City Council From: Steven J. Rackis, Housing Administrator, Iowa City Housing Authority S~ Re: Public Housing Assessment System Management Operations Certification The Public Housing Assessment System (PHAS) implements 42 D.S.C. S 1437dG) and evaluates the performance of the Iowa City Housing Authority in major areas of management operations. The full submission is attached to this memo. View Print Full Submission PHA Code: PHA Name: Submission Type: Management Assessment for Public Housing Agencies View/Print Full Submission IA022 FYE : 06/30 City of Iowa City Housing Authority Submission 2007 Page 1 of5 Inbox I Unit Turnaround I Capital Fund I Work Orders I Annual Inspection I Security I Econ. Self-SufI ELEMENT V12400 V12500 V12600 V12700 V12800 V12900 V13000 V13100 Fiscal Year: Status: Draft AMOUNT 2,442 1,254 728 32 1.00 8.19 5.13 14.38 ELEMENT CF10000 Component 1: CF10050 CF10100 CF10200 CF10300 Sub-Indicator 1: Vacant Unit Turnaround Time DESCRIPTION Total number of turnaround days. Total number of vacancy days exempted for Capital Fund. Total number of vacancy days exempted for other reasons. Total number of vacant units turned around and lease in effect in the PHA's immediate past fiscal year. Average number of calendar days units were in down time. Average number of calendar days units were in make ready time. Average number of calendar days units were in lease up time. Average Unit Turnaround Days. [Top of Page] Sub-Indicator 2: Capital Fund DESCRIPTION Do you have any open Capital Fund programs{e.g. CGP, HOPE VI)(Y/N)? Open = any program that does not have a pre-audit end date or that received a pre-audit end date during the fiscal year being assessed. Unexpended Funds Over Three Federal Fiscal Years (FFYs) Old Total funds authorized over 3 FFYs old that do not have a pre-audit end date or that received a pre-audit end date during the fiscal year being assessed. Total funds expended over 3 FFYs old that do not have a pre-audit end date or that received a pre-audit end date during the fiscal year being assessed. Unexpended funds to be recaptured (enter dollar amt). Unexpended funds approved by HUD over 3 FFYs old AMOUNT yes $0.00 $ 0.00 $ 0.00 $ 0.00 https://hudapps.hud.gov/HUD_Systems/mass/mass_view yrint_ full_ submission.cfm ?parti... 8/16/2007 View Print Full Submission CF10400 CF10500 Component 2: CF11100 CF11200 CF11300 CF11400 CF11500 Component 3: CF11700 CF11800 CF11900 CF12000 Component 4: CF12200 CF12300 CF12400 CF12500 Component 5: CF12700 CF12800 CF12900 CF13000 (enter dollar amt). Unexpended funds with time extensions due to reasons outside of PHA control (enter dollar amt). Adjusted total unexpended funds. Timeliness of Fund Obligation Total funds authorized for grants over 2 FFYs old. Total funds obligated over 2 FFYs old. Unobligated funds approved by HUD over 2 FFYs old (enter dollar amt). Unobligated funds with time extensions due to reasons outside of PHA control (enter dollar amt). Adjusted total unobligated funds. Adequacy of Contract Administration The date of last HUD/Army Corps of Engineers on-site inspection and/or audit related to contract administration (include A133 audit). The number of findings related to contract administration. The number of findings related to contract administration that have been corrected by the PHA. The number of findings related to contract administration that the PHA is in the process of correcting. Quality of the Physical Work Date of last HUD/Army Corps of Engineers on-site inspection and/or audit related to quality of the physical work. The number of findings related to the quality of the physical work. The number of findings related to the quality of the physical work that have been corrected by the PHA. The number of findings related to the quality of the physical work that the PHA is in the process of correcting. Budget Controls Total amount of Capital Funds expended during the PHA fiscal year being assessed. The amount of Capital Funds expended on approved work items not subject to budget revisions during the PHA fiscal year being assessed. The amount of Capital Funds expended under budget revisions with prior HUD approval during the PHA fiscal year being assessed. The amount of Capital Funds expended under budget revisions not requiring prior HUD approval during the PHA fiscal year being assessed. [TQPQfP<lg~J Page 2 of 5 $ 0.00 $ 0.00 $ 182,573.00 $ 182,573.00 $ 0.00 $ 0.00 $ 0.00 10/21/2002 o o o 10/21/2002 o o o $ 297,503.71 $ 297,503.71 $ 0.00 $ 0.00 https:/lhudapps.hud.govIHUD_Systems/mass/mass_view yrint_ full_ submission.cfin?parti... 8/16/2007 View Print Full Submission Page 3 of5 ~'''''"''''''__''-''~-''W~'''''~''W''__~~~~_W''W'_''''''~~W'~~~_~-''~'''''''''''''''_~~_-''_~~~".,.""w,_",."_~_""-",~"~",,,,,,,,,,,,,,,,_,~",,,,,,~..,..,,,,.,,.,_,.-.,.,^~,,_~''''''''''''''"_"",,,'''''v-''~~N~''_''''''''''''''''''''''''''''__'~-'''''''_ ELEMENT Component 1: W10000 W10100 W10200 Component 2: W10500 W10600 W10700 W10800 ELEMENT Component 1: A 10000 A10100 A 10200 A 10300 M0400 M05S0 A10600 A 10700 A 10800 Component 2: Sub-Indicator 3: Work Orders DESCRIPTION Emergency Work Orders Total number of emergency work orders. Total number of emergency work orders completed I abated within 24 hours. Percentage of emergency work orders completed I abated within 24 hours. Non-Emergency Work Orders Total number of non-emergency work orders. Total number of calendar days it took to complete non- emergency work orders. Average number of days PHA has reduced the time it takes to complete non-emergency work orders over the past three years. Average completion days. AMOUNT 37 37 100.00% 103 104 .42 1.01 [Top of Pagel Sub-Indicator 4: Annual Inspection of Dwelling Units and Systems DESCRIPTION Annual Inspection of Dwelling Units The total number of ACC units. The sum of units exempted where the PHA made two documented attempts to inspect and is enforcing the lease. Vacant units exempted for Capital Fund. Vacant units exempted for other reasons. Total number of units inspected using the Uniform Physical Condition Standards (UPCS). Total number of units inspected that did not require repairs. The number of units where necessary repairs were completed to comply with UPCS either during the inspection, issued work orders for the repairs, or referred the deficiency to the current year's or next year's Capital Fund program. Adjusted units available. AMOUNT 81 o o o 81 52 29 81 Percent of units inspected by PHA. 100.00% Annual Inspection of Systems Including Common Areas and Non-Dwelling Space https://hudapps.hud.govIHUD_Systems/mass/mass_view yrint_ full_submission.cfm?parti... 8/16/2007 View Print Full Submission A11100 A 11200 A 11300 A11400 A 11500 A 11600 A11700 A11800 A11900 Total number of projects. Total number of projects exempted from the inspection of systems. The total number of projects where all systems were inspected in accordance with the UPC5. Total number of buildings. Total number of buildings exempted from the inspection of systems. Total number of buildings where all systems were inspected in accordance with the UPC5. The number of buildings and projects where necessary repairs were completed to comply with UPC5 either during the inspection, issued work orders for the repairs, or referred the deficiency to the current year's or next year's Capital Fund program. Percentage of projects inspected. Percentage of buildings inspected. IIQp QfP<lg~l ELEMENT Component 1: 510000 510100 510200 510300 510400 Component 2: 510500 510600 510700 510800 Component 3: Sub-Indicator 5: Security DESCRIPTION Tracking and Reporting Crime-Related Problems The date that the Board adopted current policies to track crime and crime-related problems. The date that the PHA implemented the current procedures to track crime and crime-related problems. The date that the PHA implemented a current cooperative system for tracking and reporting crime to local police authorities. The number of crimes that the PHA can document it reported to local police authorities. Percentage of developments where PHA can document it tracks crime and crime-related problems. Screening of Applicants The date the Board adopted current screening policies that reflect the applicable criteria. The date the PHA implemented current screening procedures that reflect the applicable criteria. PHA can document that current screening procedures result in successfully denying admission to applicants who meet the applicable criteria (enter Yes or No). The total number of applicants denied who met the applicable criteria Lease Enforcement Page 4 of5 7 o 7 53 o 53 o 100.00% 100.00% AMOUNT 01/08/2002 01/08/2002 01/08/2002 o 100.00% 01/08/2002 01/08/2002 yes 16 https://hudapps.hud.gov/HUD_Systems/mass/mass_ view -printjull_submission.cfm?parti... 8/16/2007 View Print Full Submission S10900 511000 S11100 S11200 Component 4: 511350 511450 S11550 511600 511700 The date the Board adopted current eviction policies that reflect the applicable criteria. The date the PHA implemented current eviction procedures that reflect the applicable criteria. PHA can document that eviction screening procedures resulted in the evicting of residents who meet the applicable criteria (enter Yes or No). The total number of evictions as a result of the applicable criteria. Drug Prevention and/or Crime Reduction Program Goals The number of HUD-funded drug prevention and/or crime reduction programs. The number of non HUD-funded drug prevention and/or crime reduction programs that the PHA requests to be assessed. The number of documented program goals that are related to drug-prevention and/or crime reduction. The number of goals the PHA can document it met under the implementation plans(s) for any and all of these programs. Percentage of goals that the PHA can document it met under the implementation plans(s) for any and all of these programs. [Top of Pagel Page 5 of5 01/08/2002 01/08/2002 yes 4 o o o o 0.00% ELEMENT E10000 E10100 E10200 E10300 E10400 Sub-Indicator 6: Economic Self-Sufficiency DESCRIPTION The number of HUD-funded economic self-sufficiency programs. The number of non HUD-funded economic self- sufficiency programs that the PHA requests to be assessed. The number of documented program goals that are related to economic self-sufficiency. The number of goals the PHA can document it met under the implementation plan(s) for any and all of these programs. Percentage of goals that the PHA can document it met under the implementation plan(s) for any and all of these programs. [TQP.Qf.Pilg~] AMOUNT 2 o 6 6 100.00% Comments or Questions? Please go to [fJchnicClLA$$i$tanCfLCfJOtfJr orCQf]tfictMASS https://hudapps.hud.govIHUD_Systems/mass/mass_view yrint_ full_ submission.cfm ?parti... 8/16/2007 M~ I ~f(12) t Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-237 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 434 WESTSIOE DRIVE, IOWA CITY, IOWA. WHEREAS, on May 31, 2002, the owner executed a Mortgage with the City of Iowa City to secure a loan; 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 434 Westside Drive, Iowa City, Iowa from a Mortgage, recorded June 3, 2002, Book 3306, Page 824 through Page 827 of the Johnson County Recorder's Office. Passed and approved this 21 s t day of AUgl1!=;t , 20....0.1-. ~L~~ MAYOR ATTEST: ~i~ -1(. ~~ CI LERK Approved by ~~ "-(}<p...c>~ City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: VRn(lprhopf the AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x y x x x Prepared by and retum: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Toby M. Trail Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 434 Westside Drive, Iowa City, Iowa, and legally described as follows: Unit 434, Building II, Mallard Point Condominiums, according to the Declaration thereof recorded in Book 1853, Page 82, Records of Johnson County, Iowa, together with a 1/36th interest in the common elements. from an obligation of the owner, Toby M. Trail, to the City of Iowa City represented by a Mortgage, recorded June 3,2002, Book 3306, Page 824 through Page 827 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 reCOGrdea..a)ment. (. -~ )~ OR -- ATTEST ~~d/) il ~A.;.) CI . LERK Approved by ~~ City Attorney's Office 1- -c} \f... o+. STATEOFIOWA ) ) ss: JOHNSON COUNTY ) s;. On this ," day of A u.G.us" ,A.D. 20 c 7 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilbum and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Cieri<, 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. 0 '7-...71:1adopted by the City Council on the.:lL!!...- day Auc.:..s;- , 20 07 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. ~ SONDRAEFORT o i commissi.on Number 159791 ~~t...L ~i . . My Commission E~ires --- ow .3 OZoo Notary Public in and for Johnson County, Iowa ~J []I[] Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-2J~ 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 1408 KEOKUK STREET, IOWA CITY, IOWA. WHEREAS, on July 3,1997, the owners executed a Mortgage with the City of Iowa City to secure a loan; 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 1408 Keokuk Street, Iowa City, Iowa from a Mortgage, recorded December 18,1997, Book 2390, Page 78 through Page 82 of the Johnson County Recorder's Office. Passed and approved this 21st day of August , 20-ID-. ~(_J~ MAYOR -- ATTEST:4h~ -k. ~ CI LERK ~ved ~ . ~ ~-(C>-01- City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X X y y x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Andrei and Elena Perkhounkov Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1408 Keokuk Street, Iowa City, Iowa, and legally described as follows: The south 65 feet of Lot B in Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, page 313, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. from an obligation of the owners, Andrei and Elena Perkhounkov, to the City of Iowa City represented by a Mortgage, recorded December 18, 1997, Book 2390, Page 78 through Page 82 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon tille to the above property by reason of said prtor recor~(~ MAYOR ATTEST ~ Y:!. ~ CI ERK Approved by ~~ %---(0 ~Ot City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) $"- A On this ,). / day of uGu s.T , A.D. 20.J1:J-, 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 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.~ adopted by the City Council on the ~ day A \.\ ~ls-.. , 20 \) '7 and that the said Ross Wilbum 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. i SONDRAEFORT ~ r. Commission Number 159791 c. r- ...1.. . . My Commission Expires ~rrnAAcu.. l~ U ow S '7 .;zo Notary Public in and for Johnson County, Iowa ~ /1(' D::l Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. ....Dl.=.239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR SOUTH GILBERT STREET BUS FACILITY IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, South Gilbert Development [hereinafter "Owner"] submitted a site plan for development of the South Gilbert Street Bus Facility in Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure was installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development, as well as the associated easement agreements; and . WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer and Water Main Easement Agreement and the Drainage Easement Agreement for the South Gilbert Street Bus Facility, located at 2185 South Gilbert Street, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at the expense of Owners. Passed and approved this ? 1 1': r day of c;:L ( ~:h MAY R APPROVED BY~a d.~ City Attorney's Office rlrJl'7 --- ATTEST: ~.1 0)/. ~1) CIT . LERK . Resolution No. Page 2 07-239 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X X X X ABSENT: Vanderhoef the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ c;:J Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-240 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR 3331-3341 ROHRET ROAD IN IOWA CITY, IOWA. WHEREAS, Rebecca Neades and Edward Sheridan, wife and husband [hereinafter "Owners"] have req uested the City provide sanitary sewer service to the properties located at 3331-3341 Rohret Road, in Iowa City, Iowa; and WHEREAS, sanitary sewer service is currently provided to the property adjacent to Owners' property; and WHEREAS, infrastructure will be installed to service Owners' property, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the proposed location of the public infrastructure servicing this property, as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sanitary Sewer Easement Agreement for 3331-3341 Rohret Road, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Owners. Passed and approved this 21 s t day of A~ LJ~ MAYOR ~~ / I APPROVED BY: City Attorney's ice ~ '(" 1)'07 ATTEST:~AA<d *,. -I:j;A.) CIT LERK Resolution No. Page ? 07 2.110 It was moved by Champion 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 Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between Rebecca Neades and Edward Sheridan, wife and husband, (hereinafter "Owners"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Rebecca Neades and Edward Sheridan are the owners of 3331-3341 Rohret Road, Iowa City, Johnson County, Iowa, which is not currently serviced by City sanitary sewer service; and WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as depicted in the Sanitary Sewer Service Easement Acquisition Plat, attached hereto as Exhibit A and by such reference incorporated herein [hereinafter "Easement Area"], for the purpose of receiving said service. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Rebecca Neades and Edward Sheridan, as the owners of 3331-3341 Rohret Road, Iowa City, Iowa, as legally described on Exhibit A, attached and incorporated herein, for the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grant and convey to the City a permanent sanitary sewer easement over and across the property for purposes of excavating, installing, replacing, maintaining and using such sanitary sewer lines, pipes, mains and conduits, as the City shall from time to time elect, for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right-of-way with right of ingress and egress thereto, over and across the premises as designated in Exhibit A. Owners further grant to the City the following rights in connection with the easement 1. The right to grade said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to Owners, and with minimal disruption of area. 4. City shall promptly backfill any trench made by it, and repair any damages caused by City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. City shall indemnify Owners against loss or damage which occurs as a result of City's negligent acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, City shall have no responsibility for maintaining the Easement Area. 5. The Owners reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. Owners shall not permit any other utility to be put in longitudinally in the Easement Area. Owners may plant trees and shrubs on the Easement Area but in the event City must disturb or remove said trees and shrubs pursuant to its easement rights described above, City shall have no obligation to replace said trees and shrubs, or compensate Owners for the same. Owners may construct a fence over or upon the Easement Area, but only after submittal to City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by Owners, City shall have no obligation to repair or replace such fence, or compensate Owners for the same, in the event that City must disturb or remove the fence pursuant to its easement rights described above. 6. City further agrees that nothing in this Easement Agreement shall in any way preclude Owners from causing, allowing or permitting utilities to cross the Easement Area, but only upon City's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 7. The Owners hereby covenant with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 8. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this ~ '1 day of '\.\u )%r2007. CITY ~A CITY, IOWA (\ n OWNERS By ~l J.w6--. By ~~f' ~.~ Ross Wilburn, Mayor Rebecca~d~s /~. By: ~ ATTEST: YM/.)~ oJ!.~ dward Sheridan ~~ K. Karr, City Clerk Approved by: STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 17?"'day of AVj.J~-+ ,2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rebecca Neades, to me personally known and acknowledged the execution of the foregoing instrument to be a voluntary act. .-z7 A --;;;? I' _ ~ ( Notary Public in and for the State of Iowa , fIIONALD A. KNOCME . J CommiIIlOn NuntIet 19301e · MY/~~PlAES STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this I?day of AvjuJ'1 ,2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Edward Sheridan, to me personally known, and acknowledged the execution of the foregoing instrument to be a voluntary act. tiAONALDA.KNOaE J ColftMIIIIOn Number 11307W o. . M\j~~ExPIMS ~cC Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) S'I- On this .sl!- day of AuEJI.J.ST ,2007, 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 duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the 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 Ross Wilburn and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. SONDRAEFORT ~~... Commission ~u!'1ber 1~9791 . . My CommiSSion Ires lOW ..1 co' S"yo..,--hfi. ..... ~ Notary Public in and for the State of Iowa I . 20' Permanent Sanitary Sewer Easement \:-z~) r)\\K V:.-\ ,\<\. ' 1 7.26 r..-- ,<,>"..-,- ,NoN.'" I I I I ,en t'''' "Ii s . ::l'~ '. I @0 ~ @ ~ ~ ~ \f:~ @~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~o ~. ~~ I!~ /!f?~ ~ ~ That portion of the southwest quarter of the southeast quarter of Section 18, Township 79 North, Range 6 West of the 5th P.M. that is described as Auditors Parcel C on Plat of Survey recorded in Book 32, Page 143, Plat Records of Johnson County, Iowa. IZ M ~,., :jl~ Rebecca Neades 3341 Rohret Road Iowa City, IA 52246 Locall y known as 3331-3341 Rohret Road , I I ..-. - - --.- - . -- - .'-l , , L .....___'!.~J',.:!'- ---- I . -- --,-- ------ --- - - - . 185.00 n DESCRIPTION OF PERMANENT SEWER EASEMENT The North 20 feet of that portion of the southwest quarter of the southeast quarter of Section 18, Township 79 North, Range 6 West of the 5th P.M. that is described as Auditors Parcel C on Plat of Survey recorded in Book 32, Page 143, Plat Records of Johnson County, Iowa. EXHIBIT A IOWA CITY EASEMENT PLAT PROPERTY OWNER: REBECCA NEADES IOWA CITY, IOWA DESIGN: DRS DRAWN: JEH DATE: AUG 2007 DRAWING: SCALE: 1" = 50' FILE # SHEET: ENGINEERING DIVISION f{ ( 5 J Prepared by: Sara F. Greenwood, Ass!. City Attorney, 410 E. Washington S!., Iowa City, IA 52240 (319) 356-5030 SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between Rebecca Neades and Edward Sheridan, wife and husband, (hereinafter "Owners"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Rebecca Neades and Edward Sheridan are the owners of 3331-3341 Rohret Road, Iowa City, Johnson County, 1q.1V8, which is not currently serviced by City sanitary sewer service; and WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as depicted in the Sanitary Sewef Service Easement Acquisition Plat, attached hereto as Exhibit A and by such reference incorJ:1torated herein [hereinafter "Easement Area"], for the purpose of receiving said service. NOW, THEREFORE, THE PARTIES AGREE AS, FOLl.OWS: Rebecca Neades and Ed~ard Sheridan, as the owners of 3331-3341 Rohret Road, Iowa City, Iowa, as legally described on Exhibit A, attached and incorporated herein, for the sum of One Dollar and other valuable conside~tion, receipt of which is hereby acknowledged, hereby grant and convey to the City a permanent sanitary. sewer easement over and across the property for purposes of excavating, installing, ~placing, maintaining and using such sanitary sewer lines, pipes, mains and conduits, as the Ci(ity ~hall from time to time elect, for conveying sewage, together with all necessary applianc~ and fittings for use in connection with said lines and adequate protection thereof, and also a "t;:ight-of-way with right of ingress and egress thereto, over and across the premises as designatecjiiri\~Xhibit A. , Owners further grant to the City the fbllowin~,Jights in connection with the easement: ,- \ .. \ 1. The right to grade said Easement A~a for the full width thereof, and the right to extend the cuts and fills for such grading into and on salq land along and outside of said easement area, to such extent as the City may find reasonably necessary. '\ 2. The right from time to time to trim, cut down..and clear away all trees and brush on said easement area and on either side of said Easement Ar~ which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, OT. may interfere with the exercise of the City's rights hereunder in any manner." 3. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, withoUt, obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to Owners, and with minimal disruption of area. \ 4. City shall promptly backfill any trench made by it, and repair"{lny damages caused by City within the Easement Area, including any damages by virtue of futureE!.xcavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush ri~he Easement Area. City shall indemnify Owners against loss or damage which occurs as a resu of City's negligent acts or omissions in the exercise of its easement rights herein. Once the E ement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, City shall have no responsibility for maintaining the Easement Area. 5. The Owners reserve a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or SUbtstiallY add to the ground cover of said easement area. Owners shall not permit any other u Iity to be put in longitudinally in the Easement Area. Owners may plant trees and shrubs on e Easement Area but in the event City must disturb or remove said Er sand shrubs pursuant its easement rights described above, City shall have no obligation to replace said trees and rubs, or compensate Owners for the same. Owners may construct a f nce over or upon the asement Area, but only after submittal to City of a schematic design and ptior written approval the City Engineer, which approval shall not be unreasonably withheld. In th~ event of such alfProval and construction of a fence by Owners, City shall have no obligation to\repair or replaye such fence, or compensate Owners for the same, in the event that City must disturb or remove the fence pursuant to its , / easement rights described above. " I I ~ t 6. City further agrees that nothing in this Ea~ementAgreement shall in any way preclude Owners from causing, allowing or permitting utilities\ to cr,0ss the Easement Area, but only upon City's approval, which approval shall not be unreasopabJy withheld, and only if said utilities cross the Easement Area in a perpendicular direction. \ . \" 7. The Owners hereby covenant with the oM that it is lawfully seized and possessed of the real estate described above, and that it has goo~ and lawful right to convey it or any part thereof. \ 8. This easement shall inure to the benefit of ald bind the successors and assigns of the respective parties hereto. All covenants shall be dee~~ to apply to and run with the title to the land. \ SIGNED this day of , 20~7. \ \. \ \ By: \ \ Rebecca Nead~s \ \ \ , CITY OF IOWA CITY, IOWA OWNERS By: Ross Wilburn, Mayor By: Edward Sheri~.an ATTEST: Marian K. Karr; City Clerk Approved by: ( ) On this _ day of ,2007, before me, thf underSigned:;a otary Public in and for the State of Iowa, personally appeared Rebecca Ne~. des, to me p sonally known and acknowledged the execution of the foregoing instrument to bt a voluntary a . 1 I i I Notary Public inland for tilState of Iowa \ / 1 / t I I .' I I : f On this _ day of ,2007, before me, thel~dersigned, a Notary Public in and for the State of Iowa, personally appeared Edward She~an, to me personally known, and acknowledged the execution of the foregoing instrument to l1e \a voluntary act. I , / ! ;" t Notary Pu~i(iC in ~nd for the State of Iowa . I I I I I I \ \ \ On this _ day of , 2007, before me, th~ undersigned, a Notary Public in and for said County, in said State, personally appeared Ross ilburn and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation,'executing the foregoin instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instru ent was signed and sealed on behalf of said municipal corporation bY... authority of City council of\said municipal corporation; and that the Ross Wilburn and Marian K. Karr acknowledged that eXE\cution of said instrument to be the voluntary act and deed of said municipal corporation and by the\;t1 voluntarily executed. , \ \ \ Notary Public in and for\~\he State of Iowa ) )SS: JOHNSON COUNTY ) STATE OF IOWA ) )SS: JOHNSON COUNTY ) STATE OF IOWA , , ) ) SS: JOHNSON COUNTY ) STATE OF IOWA \ .. / ...,... / IOWA 20' Permanent Sanitary Sewer Easement " y<S) ~<O\\~f I, ~ ~Q ~ ~~ ~l; &!~ ~ ~ , I , , I ,en S'll sit.., .-.,.~.""- That portion. of the southwest quarter of ~/,_.../ I the southeast quarter of Section 18, /./' : Township 79 North, Range 6 West of We I 5th P.M. that is described as AuditdFs. I Parcel C on Plat of Survey recorptd in I' Book 32, Page 143, Plat Recor9f; of Johnson. County, Iowa. I I I i Rebecca NeadeJ 3341 Rohret Ro~d Iowa City, IA 52t46 , i Locally known ~s 3331-3341 Rohreq Road , , I .. _ __Ii ~.:J4:!' __ _ _ c~___ -- -- ~. --"- ..- .... --"- - - -" 10S,' n ,,' IZ ~:l ~I~ / // I. / / J/ /1 " I , ~-- /" , , ..1 I . i. .. /'\ /' \ ,.' i \ .' \ ,- i ,/" \ DESCRIPTION 9F PERMANE~T SEWER EASEMENT The North 20 feet of that portIon of the southwest quafter of the southeast quarter of Section 18, Township 79 North, Rang,tf,lwest of the 5th P.M. that ~ described as Auditors Parcel C on Plat of Survey record~a in Book 32, Page 143, Plat Rt\cords of Johnson County, Iowa. i \ \ \ \ \ \ EXHIBIT A ENGINEERING DIVISION CITY EASEMENT PLAT PROPERTY OWNER: REBECCA NEADES IOWA CITY, IOWA DESIGN: DRS DRAWN: JEH DATE: AUG 2007 DRAWING: SCALE: 1" = 50' FILE #: SHEET: ;v'l+d r;o Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 07-241 RESOLUTION ACCEPTING THE WORK FOR THE 2007 SANITARY SEWER REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 Sanitary Sewer Repair Project, as included in a contract between the City of Iowa City and Municipal Pipe Tool Co., Inc. of Hudson, Iowa, dated April 3, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $162,287.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21 s t dayof R)~ ( 'j:-L MAYOR - --.. Approved by ATTEST: ~.J(. :K~ CITY ERK ~aY/$~;/ City Attorney's Office i'f;/rJ/r;l7 It was moved by Champion and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X x X x X pwenglreslsanitarysewer -accept. doc 8/07 .~ 'f--~ ((,) City of Iowa City MEMORANDUM Date: August 13, 2007 To: Dale Helling From: I Kim sandbergvy Agenda Items .,/ ,/ Re: The following are costs associated with the Capital Improvement Projects being presented for acceptance at the August 21st Council meeting: 1) 2007 Sanitary Sewer Repair Project Contractor: Municipal Pipe Tool Co. .:. Project Estimated Cost: $ 180,000.00 .:. Project Bid Received: $ 111,529.50 .:. Project Actual Cost: $ 162,287.20** ** Better than expected bid prices allowed the City to add 4 additional repair sites to the project and still be within our allowed budget. M-v~ , 4f('7u; I Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 07-242 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES, PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Stone Bridge Estates, Part Five, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Trail, certain sidewalk and paving improvements for Stone Bridge Estates, Part Five, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 21st day of August ~l - J.~~ MAYOR -- - ATTEST: /J1~ k.~ CITYCXERK uS) (t.{ I cJ., It was moved by Champion and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ x pweng/reslaccept.stonebrdgept5.doc C{- ~'(l) ,~ 1 -~= -4... f~ai~~ ~~~...~ ~~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT August 13,2007 Honorable Mayor and City Council Iowa City, Iowa Re: Stone Bridge Estates, Part Five Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, trail, certain sidewalk, and paving improvements for Stone Bridge Estates, Part Five has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the trail, sidewalk and paving improvements constructed by Metro Pavers, Inc., of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~7? tt<- Ronald R. Knoche, P.E. City Engineer pweng/engrpt -stonebrdgpt5.doc M\? (j miD Prepared by: Terry Trueblood, Parks & Rec. Department, 220 S. Gilbert St., Iowa City, IA 52240,356-5110 RESOLUTION NO. 07-243 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT. WHEREAS, the Parks and Recreation Department has recommended that the work for the construction of the Riverside Festival Stage Improvements Project, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, dated February 6th, 2007, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this n.~daYOf~ ,2007. ( .1 Jli -. - -- ~ ~ -MAYOR '\ ATTEST: ~~ ~. ~~ CIT . ERK Approved by k<<-~. ~7rf) / City Attorney's Office ~ ( I "\ ( "'I It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X x X X X P&R/res/riverside accept.doc M+o I]i[] Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-244 RESOLUTION RESCINDING RESOLUTION NO. 07-210, WHICH SET PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. WHEREAS, the buyer who proposed to purchase 960 Longfellow Place has canceled the agreement and no longer wishes to purchase the property; and WHEREAS, in light of said cancellation, the public hearing on the conveyance of 960 Longfellow Place should be canceled and Resolution No. 07-210 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Public hearing on the conveyance of 960 Longfellow Place, scheduled for August 21, 2007, is hereby canceled. 2. Resolution No. 07-210 is hereby rescinded. Passed and approved this 21 s t day of Allgllc::t" ,2007. ATTEST:~ ok. ~ CITY ERK ~Lj MAYOR - Approved by C~- ~ ~C"\.""_ ~~ :+-J~-o~ City Attorney's Office It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x M1 t U~6dU( , Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 07-245 RESOLUTION TO AMEND THE NORTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, TO INTEGRATE A LARGE INSTITUTIONAL PROPERTY INTO THE PLAN FOR THE LINDEMANN HILLS NEIGHBORHOOD NORTH OF THE PUBLIC SQUARE ALONG LOWER WEST BRANCH ROAD. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, if circumstances change and/or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the Northeast District Plan describes the Lindemann Hills Neighborhood as appropriate for a traditional residential neighborhood served by a grid-like street pattern radiating out from an approximately 2-acre public square located along Lower West Branch Road, with sidewalks and trail connections that ensure good vehicular, pedestrian, and bicycle circulation between residences, the public square and other important neighborhood destinations; and WHEREAS, a religious institution in the community has expressed a need for a large campus for development of new facilities; and WHEREAS, the Planning and Zoning Commission have determined that institutional uses, such as churches are an integral part of many residential neighborhoods and provided that these larger uses are integrated into a connected street and pedestrian network so that traffic circulation and public access to shared open space is not compromised, these types of uses can be beneficial to the development of livable neighborhoods; and WHEREAS, the proposed amendment to the plan map for the Lindemann Hills Neighborhood within the Northeast District Plan illustrates how a large institutional campus can be incorporated into future residential areas in a manner that is in concert with the original principles illustrated and described for the Lindemann Hills Neighborhood; and WHEREAS, the accompanying text amendment to the Northeast District Plan describes in more detail how a large institutional use might be integrated into the residential neighborhoods that develop in this area of the city in concert with the original principles adopted for the Lindemann Hills Neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plan map for the Lindemann Hills Neighborhood, as described and illustrated in the Northeast District Plan, is hereby amended according to the attached plan map. 2. The following text shall be included in the Northeast District Plan as a means of indicating the intent of the amended plan map attached hereto: The plan map for the Lindemann Hills Neighborhood was revised in 2007 to provide the opportunity for a large institutional use, a church, to locate north of the public square along Lower West Branch Road. The principles adopted with the original plan remain intact, including the public square as a neighborhood focal point, interconnected streets extending from the four corners of the public square, with sidewalks and trail connections that ensure good vehicular, pedestrian, and bicycle circulation between residences, the public square, and other important neighborhood destinations, such as neighborhood commercial areas and the linear open space Resolution No. Page 2 07-?4'1 along the stream corridors that flow north-south along both the eastern and western edges of the neighborhood. The revised map illustrates how this large institutional use can be integrated successfully into future residential neighborhoods that will surround the church. A trail connection across the center of this large property will insure a means of east-west travel through the neighborhood. Since east-west street connections will be limited by the large institutional property, it will be particularly important to include an east-west street along the northern boundary of the church property, which will be built as property north of the church property is annexed and developed in the future. This street will provide a second means of access for the church and provide a needed east-west street connection for future residential areas that surround the church property. Public right-of-way is being acquired from the church for this purpose. Open spaces within residential areas should be visible and accessible to the public. Single- loaded streets along park edges and conveniently located mid-block trail connections are strongly encouraged so that all neighborhood residents are within walking distance of parks and open space and so that the trail system can be used as a means of traveling around and through the neighborhood. This principle is particularly important for medium density development, such as townhouses and multi-family, where the amount of private open space is limited. Development should integrate sensitive features, including groves of trees, wooded areas, and stream corridors as amenities for the new neighborhoods that develop in this area. The layout of streets and home lots as shown on the plan map may be adjusted based on topography and to preserve natural features and existing farmsteads and estates. Alternative street layouts that preserve natural features and acknowledge existing homes and structures, while ensuring good neighborhood street connectivity and the public square as a focal point of the neighborhood, are encouraged. Suggested locations for medium density residential uses, such as townhouses and multi-family are noted on the plan map. There may be other locations, however, that are suitable for these housing types, such as along single loaded streets across from parks, close to neighborhood commercial areas and along arterial street corridors. The remaining area is suitable for single family homes. Collector streets built with rear alleys for vehicular access will allow for smaller, more affordable home lots and increased traffic safety on these higher volume streets. If, for whatever reason, the property located north of the public square is not developed as an institutional use, this land would be appropriate for residential development with medium density residential uses appropriate for land adjacent to the public square and lower density single family residential uses located further north on streets that extend across the property in an interconnected pattern similar to what is illustrated for the rest of the Lindemann Hills Neighborhood. Passed and approved this 21st dayof ~ ( Jl.l MAYOR: -- ,2007. ATTEST: ~ i!. ~~ CI .ERK Approved by: ~""-~~ CI Y Attorney's Office S:-(/'371 ') s:\PCD\Staff Reports\St. Patrick Church\NE.District.plan.amendment.Resolution.DOC / 8 Zz I z 1m o C) . ~ tIl :I: Z J ~ en-l! ~..Jo!<t ~tI ~ ~ i ~ ~ ~ J ~ ,.Jen-! UJ ..J 0 ..J ~ 11I11I a. o-Cllo. I '" :I: a ~ ! 0 .. I> ZCI ..J G:i ! J ! ! z :i:i ~~ d q Q.. "' ~ ~ _ ~ ~s ~ H ,:t ! ! ~\~ 3l :3 ~ -;; 6 ;; f; ;;.9 ,.;~ ",,,;, ''''11 IS i E::e 5~ ~~ ;e~ ,eoS I-< :z: '" III ... " g; I, I rI'J ....-I ....-I . ..-4 ::c = = ra S QJ "'d = . ..-4 ~ ;,~JJ, <> 'I,J "/(D,,;/ ..,,1 ~, ....',; . ,< ~':.. ... .-. .....i~[f!l~J____ .L~,."t .... .... :~j1'\!//.~ /.. Iii . ~.1'7 ""':\\;. r\ ,i .. i/ ~ Y /.. .\,: 'F' .. "., ;. If', .. ~ ' .. . I"c""~~~,~ .. \.. :;::::s:; < '/') I "",-. .~, s. <' · ~ ~ ..~ S ~ ..},.' =1>. L;J] >\;~'~rl~~ P'P,~ '~~ ':~.#. ~'..<2\r...:.J '.. 48~ II ~tJf<~~ ... ,...,. ~ ':f'l'#,:" ~ . .cf.~ .),,\ ..~ U \ '/ ~ 1 ~ ~~/ "..~ C'{ ft'..J:'>. . .'\ . ';;/ '.. ';:-", lI'<'Y,/ Y'll' . 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"e, ,..>;.~.l..:;;~~~,,{2',;1!'" ~,: .'.,~ ..1'r;{,z,: ... tJ. .., I' " , .. ,I,"jll -.:m >,( . \ \\,' "./;'[I}, 0!i: '}J71....,,~/ '..if, I~' ~ ~..)'rfl.;.~<' ~\ UF~1 o..y~' ~, ~ ~I:" ~~')' lirlll<>> " , ':f"_;"~;~: ~ RfI_.~I~ 0 ~, i'<f:JPl,;,w'tY;C~:I>;"1 ~:'~ ~ ~, 1\ ,') ~~d City of Iowa City MEMORANDUM Date: August 10, 2007 To: Planning and Zoning Commission From: Karen Howard RE: REZ07 -00010 - St. Patrick's Church and related NE District Plan amendment During drafting and negotiations regarding the conditional zoning agreement for the proposed St. Patrick's church site, an issue was brought to our attention that we feel needs to be addressed in the language we are adding to the Northeast District Plan and in the conditional zoning agreel')1ent. If, for whatever reason, the property in question is not developed as an institutional use and is instead sold for residential development, there should be a clause in the Northeast District Plan that allows such a change, provided any resulting subdivision would be developed in a manner consistent with the connected street pattern as illustrated on the plan map for the rest of the Lindemann Hills Neighborhood. We recommend adding the following paragraph to the Northeast District Plan text . amendment: If, for whatever reason, the property located north of the public square is not developed as an institutional use, this land would be appropriate for residential development with medium density residential uses appropriate for land adjacent to the public square and lower density single family residential uses located further north on streets that extend across the property in an interconnected pattern similar to what is illustrated for the rest of the Lindemann Hills Neighborhood. Please let us know if you have any concerns about adding this language to the recommendation for the Northeast District Plan amendment that will be sent to Council for public hearing on August 21. City of Iowa City MEMORANDUM July 19, 2007 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Comprehensive Plan Amendment for the Northeast District Based on input at your informal meeting on Monday and input from property owners in the area, I've revised and added to the text that staff recommends for the NE District Plan. The underlined text indicates a change from the memo distributed to you previously. The plan map for the Lindemann Hills Neighborhood was revised in 2007 to provide the opportunity for a large institutional use, a church, to locate north of the public square along Lower West Branch Road. The principles adopted with the original plan remain intact, including the public square as a neighborhood focal point, interconnected streets extending from the four corners of the public square, with sidewalks and trail connections that ensure good vehicular, pedestrian, and bicycle circulation between residences, the public square, and other important neighborhood destinations, such as neighborhood commercial areas and the linear open space along the stream corridors that flow north-south along both the eastern and western edges of the neighborhood. The revised map illustrates how this large institutional use can be integrated successfully into future residential neighborhoods that will surround the church. A trail connection across the center of this large property will insure a means of east-west travel through the neighborhood. Since east-west street connections will be limited by the larae institutional property, it will be particularly important to include an east-west street alona the northern boundary of the church property. which would be built as property north of the church property is annexed and developed in the future. This street will provide a second means of access for the church and provide a needed east-west street connection for future residential areas that surround the church property. Public riaht-of- way is beina acauired from the church for this purpose. Open spaces within residential areas should be visible and accessible to the public. Single-loaded streets along park edges and conveniently located mid-block trail connections are strongly encouraged so that all neighborhood residents are within walking distance of parks and open space and so that the trail system can be used as a means of traveling around and through the neighborhood. This principle is particularly important for medium density development, such as townhouses and multi-family, where the amount of private open space is limited. Development should intearate sensitive features. includina aroves of trees, wooded areas. and stream corridors as amenities for the new neiahborhoods that develop in this area. The layout of streets and home lots as shown on the plan map may be adiusted based on topoaraphy and to preserve natural features and existina farmsteads and estates. Alternatiye street layouts that preserve natural features and acknowledae existina homes and structures. while ensurina aood neiahborhood street connectivity and the public sauare as a focal point of the neiahborhood, are encouraaed. Suggested locations for medium density residential uses, such as townhouses and multi- family are noted on the plan map, however, there may be other locations that may be suitable for these housing types, such as along single loaded streets across from parks, close to neighborhood commercial areas and along arterial street corridors. The remaining area is suitable for single family homes. Collector streets built with rear alleys for vehicular access will allow for smaller, more affordable home lots and increase traffic safety on these higher volume streets. City of Iowa City MEMORANDUM July 12, 2007 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: REZ07 -00010 - Comprehensive Plan Amendment and Conditional Zoning Agreement When the City received applications for annexation and rezoning from St. Patrick's Church for a 14-acre property north of the proposed public square along Lower West Branch Road (ANN07- 00002/REZ07 -00010), the question was raised whether such a large institutional use in this location would be compatible with the principles, goals, and objectives of the Northeast District Plan. The plan describes this area of the Northeast District as the "Lindemann Hills Neighborhood," which features traditional neighborhood development served by a grid-like street pattern radiating out from an approximately 2-acre public square located along Lower West Branch Road. The public square is intended to function as a neighborhood focal point. To that end, the plan emphasizes interconnected streets extending from the four corners of the square, with sidewalks and trail connections that ensure good vehicular, pedestrian, and bicycle circulation between residences, the public square, and other important neighborhood destinations, such as neighborhood commercial areas and the linear open space along the stream corridors that flow north-south along both the eastern and western edges of the neighborhood. The plan states that the modified grid street system will help disperse vehicular traffic more evenly throughout the area and will further the goal of having parks and neighborhood commercial areas that are accessible by foot or bike, as well as by car. There are several factors that will make it challenging to incorporate a large church property into the plan for the neighborhood: · The church property extends more than 1000 feet north of the public square, thereby reducing the number of east-west street connections possible within the neighborhood; · The church is purchasing property on three sides of the public square; · The church will generate a significant amount of traffic concentrated at times when services are being held. To explore ways of accommodating the church, the City hired a land planning consultant, Brenda Nelson of Nelson Design P.L.C, to develop an alternative street pattern that might mitigate the factors cited above and maintain the principles of the Northeast District Plan. Ms. Nelson has submitted the attached plan map for the Lindemann Hills Neighborhood. Staff finds that this alternative plan successfully incorporates the following elements: · Streets that connect to the public square and provide Qood traffic circulation - The 14- acre church parcel includes street connections to the northeast and northwest corners of the public square to ensure good public access to this focal point of the neighborhood. On the plan map these streets radiate out from the square in a curvilinear pattern to provide a collector street to serve future residential areas east and west of the church property and provide connections to arterial streets, Taft Avenue and Herbert Hoover Highway. A second collector street located east of the church property would provide a north-south connection from Lower West Branch Road to Herbert Hoover Highway. A number of the blocks along these streets are illustrated with rear alleys, similar to what is 1 currently shown in the District Plan. These alleys will allow for an increased number of home lots along these higher volume streets without sacrificing traffic and pedestrian safety. . Street access to the church property from the north - There is a local street illustrated along the northern edge of the church property to provide a future means of access to the church from the north. An institutional use of this size is likely to generate a significant amount of traffic when services are being held. Providing for a second means of access to the property will help to disperse traffic during these peak times. . East-west bicycle/pedestrian connections to and across the church property - Potential pedestrian connections are illustrated on the map that extend to the church property from future neighborhood streets east and west of the church. Staff recommends that at the time of development, the church determine a location for a public access easement extending east-west across the center of the property to allow east-west pedestrian and bicycle travel as an alternative to streets that would have otherwise been built in this location. . Parks and trails that take advantaae of natural features - The plan map illustrates two linear parks with trails connections centered on the stream corridors in the eastern and western sections of the neighborhood. The park to the west shows how the existing pond, currently located on a large estate, could be retained as open space if this property were ever to be subdivided and incorporated into the city for urban development. Similar to the current Northeast District Plan, a linear park and trail connection is illustrated along Ralston Creek as it parallels Taft Avenue in the eastern section of the Lindemann Hills Neighborhood. A designated pedestrian connection between these two linear parks is shown along the future street along the northern boundary of the church property. A wide sidewalk would be appropriate along this street to accommodate pedestrians and bicyclists traveling between these trail corridors. . A variety of housina options - In keeping with the original principles of the Northeast District Plan, this alternative plan map illustrates how a variety of housing types can be integrated into the Lindemann Hills Neighborhood, including detached single family, attached single family (townhouses and zero lot line dwellings), and multi-family. Development of townhouses would be particularly suited to areas where there are single-loaded streets, such as along park boundaries and along the street just north of the church. Multi-family and townhouse development is also appropriate along arterial streets, which will be designed to handle the amount of traffic generated by these higher density housing types. Incorporating rear alleys along collector streets within the neighborhood will provide the opportunity for smaller, more affordable home lots. Staff finds that the attached alternative plan map retains the general concepts and principles of the Northeast District Plan, while accommodating the future development of a large institutional use on property north of the public square along Lower West Branch Road. The principles of the plan can be achieved by ensuring street connections to the northeast and northwest corners of the public square; providing an east-west pedestrian link across the church property; and ensuring that street access will be available in the future along the church's northern boundary. Staff recommends that these elements be illustrated on the plan map for the Lindemann Hills Neighborhood and incorporated into the Northeast District Plan by amendment. Conditional Zoning The church is in the beginning stages of site planning and is not ready to build. In addition, it may be years until the surrounding land is annexed into the City for development. Staff finds 2 certain conditions necessary to ensure that the church is integrated successfully into the future residential neighborhood that will develop around the church: 1. Dedication of the land and associated construction easements to the City for future street connections to the NE and NW corners of the public square alona Lower West Branch Road - Ensuring street access to all comers of the public square will help to establish the public square as a focal point for the surrounding neighborhoods; 2. An aareement that if the church decides to develop one or both of the parcels of land that abut the east or west sides of the square prior to construction of the connectina streets leadina from the square bv the adiacent property owner(s). the church or any successor in title will be responsible for constructina one or both of these street connections to the square; The City is in the process of building the street around the public square. The church benefits from this City project because it will then have a good means of access to Lower West Branch Road. The street connections leading from the comers of the square will largely benefit future residential neighborhoods located east and west of the church, so can be required as a condition of development of those properties. However, if the church decides to develop or sell off for development the parcels of land east and west of the square, the church or the party to whom they sell the properties should be responsible for constructing these necessary connections. 3. A requirement that at such time as the church property is developed. the church will be responsible for constructina and arantina a public access easement over an a-foot wide sidewalk extendina east-west across the center of the church property. the exact location to be determined throuah the special exception process - this will be in lieu of building a street to provide a means of east-west travel through the neighborhood. 4. Dedication of a 30-foot-wide strip of land alona the northern boundary of the church property to the City for use as future public street riaht-of-wav. At such time as the this northerlv street is constructed. the church also aarees to construct an access drive from this street to the developed portion of the church property so that it will be possible for users of the property to access this northerlv street - The church is likely to generate a significant amount of traffic during special events and when services are being held. A second means of access to the property would help to disperse traffic in a more efficient manner. However, establishing more than one point of access for the church is not possible at this time. To ensure that the church has at least one other means of access in the future, staff recommends that the church dedicate land equal to half the right-of- way width for a future street along its northern property line. Typically, a development such as this would be responsible for constructing or contributing toward the cost of construction of necessary streets. However, since it is unknown when the property north of the church will be developed or when surrounding streets will be built it is impractical to ask the church to contribute funds for construction of this northerly street at this time. However, it should be noted that if at some time in the future the church expands at a time when construction of this street is imminent, they may be asked through the special exception process to share in the cost of constructing this street. Staff Recommendations: 1. Staff recommends that the Commission set a public hearing for July 19 to consider an amendment to the Northeast District Plan modifying the plan map for the Lindemann Hills Neighborhood to incorporate a large institutional use into the conceptual street pattern north of the public square along Lower West Branch Road; 3 2. Staff recommends that ANN07-00002, an application for annexation of 14 acres of property owned by Henrietta B. Miller and approximately 1.89 acres of land owned by the City of Iowa City located along Lower West Branch Road north of Brentwood Drive and Broadmoor Lane, be approved; and 3. Staff recommends that REl07-00010, an application submitted by St. Patrick's Church for a rezoning of 14 acres of property from County Residential (R) to Low Density Single Family Residential (RS-5) located along Lower West Branch Road north of Brentwood Drive and Broadmoor Lane be approved subject to a conditional zoning agreement with conditions as specified in this memo dated July 12, 2007; and approval of a rezoning of approximately 1.89 acres of land owned by the City of Iowa City located along Lower West Branch Road north of Brentwood Drive and Broadmoor Lane from County Residential (R) to Neighborhood Public (P-1). ATTACHMENTS: Location Map Alternative plan map for the Lindemann Hills Neighborhood Current Lindemann Hills Plan Map and description Graphics from previous powerpoint presentation requested by the Commission Approved by: Au#-- Robert Miklo, Senior Planner, Department of Planning and Community Development 4 II ~ I ~ - ~\ ~ ll' " i ....... - - t...:. .1. " '~,.^ "'" r"~ \ I . < I,..,-j ? ~"~i', J : .\ .',,\ "A()~ \ . .. I ~~ 1:_:-< -. ~-~ , ~.' ; .' i ~ ,/ , Ii ;1 1 - :"." -~(~~t: t1.} c. "'11 1'-1 ..' " ',tl !~! '0,.. ,: " J~I ":f~~~0Y~~.~ . '~ ) r-.." '_; L) I. ,..#.4", , ., :>..:....!f;>. ..'- .,~ \ , ) '"'f ,r 0.'.' .- J . /~~~.:_'_ -..AIIJ ;'_ "- ..' ;1 ,,:I:J~j;l:~ :~Jf' ~ '-,:r;~;.._~\-,,,:.!-. ~ Iii itf" " i.' ;I'~ -. .~ . 'I .<".- 1/ "...::.';;r~:\ .L__ j . .""1' . i'''-i~if-~)~:;;Ii.! - .... ~ --- .. ----. ..^- --- - r l T ,~ l ~ II I - ';> .... ,'. i "" ~, ~~ "'" . \' "\l \'\ I. . . ~ A . . 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'~'r/'''..;..;::::i :'''', . .J, '" '1. ~' .~ f' .' -- i: c, "'" __ <\'5;;>: <<', \C''-~,. ! .' ," Ii ~.::;4 ~, '''. ~',' .......'...' ~:' .-u- 1,- ~,..............'.'.'..'.,y.~..~.~/ ;fp -/!)---- 'fJn.- ". .,' '!C ,-- ';FlI;z~ / ..""';,,. h-'c"~: .:; f,;;; i'r ,.,d J-. }'!l''';:''' .".1 /!l..iJ " , ~.j'": ~, ,~. ,. .., ~ .~" ~'o.;I' iM il:O";; I"~)~ ., '.~..'ilH.i'... ... .\..'......81 :';...11:':0 ~+R..;!.r;.iM')Jl. ...~......u... '..'......'.'.....J~ =,,/ ". m. '7".< . 1 _1 m.,,,, W''l ~//~ ~- _;"'uc: .--"' _.... ;; ~ '.~I .- "'..i' :U?, .~c.*lLU D[ j~l\~ ~k':''.h ~ H" - '. (';' ' l\;3~~' '-I,_,w"",,,- U <- LEGEND ~ '\-]\- Alley R.O.W. ~ I1TlL Street R.O,W. / ~Trail /' ~ Open Space W~WaterwaYI -' Stream TH Potential Townhouse MF Potential Multi-family INST -- 101" - I" ~ 300 Project - O,~!!>b-O ~ ~ -- ~ ,-\6-01 NEJ(Hl()ftiOOO f'l.ANIHl DISTfIICT A:VISION _l1Ieo SCHaE B North ~ Project LINDEMANN HILLS NEIGHBORHOO PLAN Lindemann Hills NELSON DESIGN - P.L.C.- Page 1 of 1 Karen Howard From: Wendy Robertson and/or Tim Weitzel [timwendy@avalon.net] Sent: Tuesday, July 10, 20076:28 PM To: Karen Howard Subject: Comment on NE Dist Plan Karen, I have no idea how traditional 81. Patrick's wants to go with their architecture, but I immediately think of a town green with adjacent church in some of the older towns in the US or Europe. Well, back up, the area where the old S1. Patricks was, as well as many of the churches in the central planning district were built in residential areas. The town and church communities were integrated in those times, so it was natural to have the church there. I think such a large building in the middle of a residential area can work better than has been seen in suburban Johnson County. A lot of places there is little or no integration between uses, residential to commercial, to institutional. Oakdale Blvd comes to mind. I think if it use density steps up as it approaches the church, and if any commercial areas could be placed in that same area, the feeling of a town center could be created. The problem in the past has always been to get someone to build to the plan the city sets out. Hopefully the new design standards will help? Tim 7/18/2007 July 17, 2007 I am 85 years old and am not able to attend the meeting of the Planning and Zoning Commission regarding St. Patrick's Church. I request that this statement be presented to the Planning and Zoning Commission. I would like to voice my concern that large churches like this take large amounts of property off of the tax rolls. I do not think the church needs such a large property. Helen Hoyle Amendment to the Northeast District Plan Page 1 of2 Karen Howard From: Barnhill, Candace J [candace-barnhill@uiowa.edu] Sent: Thursday, July 19, 20073:02 PM To: Karen Howard Subject: Amendment to the Northeast District Plan Dear Ms. Howard, Thank you for placement of the article in the 7/15/07 Cedar Rapids Gazette regarding an invitation to the public to provide feedback on the proposed amendment to the Northeast District Plan. I have resided on Friendship Street, north of Court Street, for over twenty years; initially as a renter and currently as a home-owner. 'My' near-neighborhood, both commercial and residential, has grown and adapted to three major transitions over the short time that I have resided within a three-block radius on Friendship Street. The entire North-east district is currently undergoing yet another growth and transition phase, which the forthcoming decisions of the Planning and Zoning Commission and the City Council will greatly effect the future development of 'my' neighborhood on both micro- and macro-levels. As an active member of St. Patrick's parish and a resident of the Northeast District, I strongly urge the Commission and the Council to approve the proposed amendment(s) to the NE District Plan, hopefully in an expeditious manner with minimal micro-managing. The NE District Plan, originally crafted in 1998, was adequate for the District's projected growth foreseen at that time. The proposed amendments would maintain the Plan's original principles and provide the requisite flexibility to allow St. Patrick's Parish to move forward in our quest to find a new home and to begin construction of our church / associated buildings in addition to establishing new roots and continuing to serve the needs of current and future parishioners of St. Patrick's Parish. Since April 14, 2006, our parish has become a mobile parish; transitioning masses on a daily basis between Parish Hall and Regina School, incorporating the former uses of three buildings into one building and imaginatively utilizing our remaining resources to respond to the obligations incumbent upon us by the Diocese. Unfortunately, it has been necessary to discontinue or indefinitely postpone many services offered by and to our Parish until we can establish a new, permanent church. The Commission's and the Council's approval of the proposed amendment(s) to the NE District Plan will be the initial step in moving this process forward. A complementary benefit to the City and surrounding neighborhoods, generated by the addition of St. Patrick's landscaped campus to the NE District, would be the provision of additional opportunities for the residents of the far NE District to increase their sense of community and engage in impromptu social and recreational opportunities which were not included as part of the District's original plan. At this juncture in time, your approval of the proposed transitioning of a traditional residential neighborhood built around a public-square to a semi- traditional residential neighborhood built around a public-square gently buffeted by a non-intrusive, well-designed and landscaped campus (owned and lovingly cared for by a devoted parish family) will provide the impetus for both the NE District and the City of Iowa City to engage in previously unavailable multi-faceted opportunities for positive development of the NE District and continued strategic growth of the City itself. Thank you for your time and consideration. Cordially submitted, Candy Barnhill 7/19/2007 Amendment to the Northeast District Plan Page "2 01 "2 154 Friendship Street Iowa City, IA 7/19/2007 SEP. 4.2007 2: 45PM SECRETARY OF STATE NO. 034 P. 2 MICHAELA. MAURO SECRETA1l.~ OF STA'nl LuCAS BUlLDING, 1ST FLoOR DES MOINES, lA 50319 OFFICE OF THE IOWA SECRETARY OF STATE September 4, 2007 Marian Karr City Clerk 410 E. Washington Street Iowa City, IA 52240 RE: City of Iowa City Resolution No. 07-246 - Voluntary Annexation Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been reviewed by this office and comply with the requirements of towa Code section 368.7. ' You may consider the annexation filed. Srncerely, YY) ~I>. 0 A.."fYlp..u>>i Michael A. Mauro Secretary .of State Phone 515-281-5204 Fax 615-242-5953 www.sos.state.ia.us SO~$oa.state.ia.us ~ t i ; ~ I 086~~7 I Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 07-246 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 14 ACRES OF LAND OWNED BY RELLlM FARMS, L.L.C. AND 1.89 ACRES OF LAND OWNED BY THE CITY OF IOWA CITY LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE. WHEREAS, Rellim Farms, L.L.C. (hereinafter "Owner") is the owner and legal titleholder of approximately 14 acres of land located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane; and WHEREAS, the City of Iowa City is the owner and legal titleholder of approximately 1.89 acres of land located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane, which is surrounded on three sides by Owner's 14 acre parcel; and WHEREAS, the Owner has requested annexation of the approximate 14 acre tract into the City of Iowa City, Iowa; and WHEREAS, it is in the public interest to annex the adjacent City-owned parcel in conjunction with the requested annexation; and WHEREAS, the property is within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2007), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF PRIVATE PROPERTY TO BE ANNEXED: A part of the Southwest 1/4 of the Northeast 1/4 of Section 7, Township 79 North, Range 5 West of the 5th P.M., and being more particularly described as follows. Commencing at the Center of Section 7, Township 79 North, Range 5 West; thence N 00020'48" W along the West line of the Northeast 1/4 of said Section 7, a distance of 33.00 feet to a point on the present North 33 foot right of way line for Lower West Branch Road SE and the point of beginning; thence continuing N 00020'48" W along said West line, a distance of 1276.72 feet to the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 7; thence N 89050'44" E along the North line of the South 1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00001 '04" W, a distance of 1278.29 feet to a point on said present North 33 foot right of way line; thence N 89058'56" W along said present North 33 foot right of way line, a distance of 54.48 feet; thence Northwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northeasterly, whose 33.94 foot chord bears N 44059'19" W; thence N 00001'04" E, a distance of 180.02 feet; thence N 89058'56" W, a distance of 317.00 feet; thence S 00001'04' W, a distance of 180.02 feet; thence Southwesterly 37.70 feet along the arc of a 24.00 foot radius curve, concave Northwesterly, whose 33.94 foot Resolution No. 07...,.246 Page 2 chord bears S 45001 '04" W to a point on said present North 33 foot right of way line; thence N89058'56"W along said present North 33 foot right of way line, a distance of 104.60 feet to the point of beginning containing 14.00 acres more or less. LEGAL DESCRIPTION OF PUBLIC PROPERTY TO BE ANNEXED: Auditors Parcel 2007075 is that part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at the Center of said Section 7; thence North 890 38' 15" East 182.38 feet along the South line of the Northeast Quarter of said Section 7 to the point of beginning; thence North 000 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Northeasterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing North 440 38' 15" East 22.63 feet); thence North 890 38' 15" East 177.00 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Southeasterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing South 450 21' 45" East 22.63 feet); thence South 000 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 890 38' 15" West 209.00 feet to the point of beginning, containing 38,140 square feet or 0.88 acres. For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 890 38' 15" East. AND That part of the Northeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the Center of said Section 7; thence North 000 43' 42" West 33.00 feet along the West line of the Northeast Quarter of said Section 7; thence North 890 38' 15" East 104.59 feet to the beginning of a 24.00 foot radius curve concave Northwesterly; thence Northeasterly through a central angle of 90000' 00" an arc distance of 37.70 feet (chord bearing North 44038' 15" East 33.94 feet); thence North 000 21' 45" West 180.02 feet; thence North 890 38' 15" East 317.00 feet; thence South 000 21' 45" West 180.02 feet to the beginning of a 24.00 foot radius curve concave Northeasterly; thence Southeasterly through a central angle of 900 00' 00" an arc distance of 37.70 feet (chord bearing South 450 21' 45" East 33.94 feet); thence North 890 38' 15" East 50.56 feet; thence South 000 21' 45" East 33.00 feet to the South line of the Northeast Quarter of said Section 7; thence South 890 38' 15" West 128.56 feet along said South line; thence North 000 21' 45" West 167.02 feet to the beginning of a 16.00 foot radius curve concave Southwesterly; thence Northeasterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing North 450 21' 45" West 22.63 feet); thence South 890 38' 15" West 177.00 feet to the beginning of a 16.00 foot radius curve concave Southeasterly; thence Southwesterly through a central angle of 900 00' 00" an arc distance of 25.13 feet (chord bearing South 440 38' 15" West 22.63 feet); thence South 000 21' 45" East 167.02 feet to the South line of the Northeast Quarter of said Section 7; thence South 890 38' 15" West 182.38 feet along said South line to the point of beginning, containing 43,941 square feet or 1.01 acres. For the purpose of this description, the South line of the Northeast Quarter of said Section 7 is assumed to bear North 890 38' 15" East. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2007) at Owner's expense. Resolution No. 07-246 Page 3 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this ? 11';1'" day of Augul';t ,2007. ~( ,J ~ MAYOR '-/ ATTEST: Yn~~-uJ /(. ~~ cf1Y'GLERK Approved by ~a-4~ City Attorney's Office ~!( d) /;'fJ l L STAFF REPORT Item: ANN07 -00002/ REZ07 -00010 Prepared by: Karen Howard Date: June 21,2007 To: Planning & Zoning Commission GENERAL INFORMATION: Applicant: St. Patrick Church of Iowa City 421 S. Linn St. Iowa City, IA 52240 (319)337 -2856 Phone: Fred Schieber 3341 Chatham PI Iowa City, IA 52240 (319)337 -4057 Contact Person: Requested Action: Annexation and Rezoning Purpose: To allow the property to be incorporated into the City of Iowa City for future development Location: Along Lower West Branch Road north of Windsor Ridge, Part 20B Size: Approximately 14 acres Existing Land Use and Zoning: Farmland and rural residential - County R Surrounding Land Use and Zoning: North: Farmland and rural residential - County-R South: Mixed Residential - OPD-8 East: Farmland and rural residential - County R West: Farmland and Rural residential - County R Comprehensive Plan: Northeast District - single family, with townhouses and institutional uses surrounding a public square File Date: May 29, 2007 45 Day Limitation Period: No limitation with annexation BACKGROUND INFORMATION: The applicant, St. Patrick Church of Iowa City, is in the process of purchasing land from Rellim Farms, LLC, with the intention of building a new church and associated facilities. This approximately 14-acre property is currently in the Scott Township, Johnson County and is being used as farmland. The church has requested that the land be annexed into Iowa City and zoned Low Density Single Family Residential (RS-5). 3 Rezoning Compliance with the Comprehensive Plan The property is in Scott Township and is currently zoned County Residential- R. The property proposed for annexation encompasses an area intended for low to high density single family residential development. The City's Northeast District Plan calls for a grid-like street pattern that would provide traffic circulation for surrounding residential neighborhoods and provide for efficient delivery of public services. In addition, a public square is in the process of being constructed by the City along this segment of Lower West.Branch Road. This public square is intended to be the focal point with streets radiating from it to connect to the new neighborhoods in this part of the city. The Northeast District Plan illustrates townhouse and institutional uses on properties that abut the public square and lower density single family development in areas north of the proposed square. Development in adjacent subdivisions to the south are a mix of single family (both attached and detached) and low density multi-family with the higher density properties located near and surrounding the proposed public square along Lower West Branch Road. The concept for the public square originally came from citizens who participated in the Northeast District Planning Process. They indicated a desire to have new neighborhoods in the Northeast District organized around focal points rather than being a collection of unrelated subdivisions. The development of Windsor Ridge Parts 17-20 included the south half of the square with Brentwood Drive, Broadmoor Lane and York Place leading form it into the adjacent neighborhoods. As part of the reconstruction of Lower West Branch Road, the north half of the square will be built by the City. The applicant has requested Low Density Single Family Residential (RS-5) zoning. In addition to single-family dwellings, the RS-5 Zone allows religious/private group assembly uses as a special exception, which acknowledges that churches are a desirable and anticipated part of many neighborhoods, provided that they are developed in a manner that is in concert with the City's comprehensive plan, compatible with surrounding residential neighborhoods, and does not impede future development of residential uses in the area. Review and approval by the Iowa City Board of Adjustment will be required prior to development. While an institutional use of this size was not contemplated in this location when the vision for Northeast District Plan was adopted, the City acknowledges that there is a trend toward larger campus-like sites when new churches are constructed. If the new church is located in a manner that addresses the public square, it will be a prominent feature to anchor and provide identity to this important public space. The church is in the early stages of site planning. City staff will work with the church to come up with an acceptable plan for integrating the church site into future plans for residential neighborhoods that will help to achieve the vision of the Northeast District Plan. Streets and traffic circulation: Lower West Branch Road, a collector street, abuts the property on the south. As noted above, the NE District Plan illustrates a grid-like street pattern with a public square as a neighborhood focal point along this section of Lower West Branch Road. The concept plan in the district plan illustrates that an institutional use is an appropriate use adjacent to the public square. However, the plan does not anticipate that an institutional use would encompass a 14-acre parcel that surrounds three sides of the square and extends nearly a quarter mile to the north. If not designed carefully, such a large institutional use may prevent development of an adequate neighborhood street network in this area, which may lead to inefficiencies in provision of public and emergency services and neighborhood traffic circulation. This is particularly problematic with regard to the proposed public square. Easy and attractive public access is necessary in establishing this public space as a focal point for the surrounding neighborhoods. City staff is working with the church to determine an acceptable street pattern that will meet the needs of the church and also ensure public access to the square and provide efficient traffic circulation for future neighborhoods that surround the church. To that end, the City has hired a land planning consultant to generate ideas for an alternative to the concept shown in ppdadminlstfreplann07 .00002+rez07 .QOO1 o. sl. pal's. doc 5 ATTACHMENTS: 1. Location Map 2. NE District Plan - concept map Approved by: ~~~ Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminl5tfreplann07 -00002+rez07 -000 1 O. 51. pat' 5. doc ~ CITY OF 10 lfA CITY L- ~ ID-RS OPD5 \[ ANN07-00002/REZ07-00010 Ij; <( ~ "'- ;": HERBERT HOOVER HIGHWAY ,_~3' ,0:::' ;0 o ;Z4 ~. ,...J, ~: ,:g; ,tlPlDmi l.m.'",....., :~j o ir~- OP08 RSI5,_m..~.~. ; L_cm_"... 1 ' _.._-"'-~...._.. ~i-.-~-I OPOS L '. / ~i"_, I ---"-<>"i r ~ ~ Branch Road SE West 4740 Lower SITE LOCATION SITE LOCATION: 4? 40 Lower CITY OF 10 WA CITY West Branch Road SE ANNO? -QOQ02/REZ07-QOO1 0 M, l ""(it' t Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5251 (SUB06-00017) RESOLUTION NO. 07-247 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Barker Development Co., and applicant, MBHG Investment Co., Inc., filed with the City Clerk, an application for approval of the preliminary plat of Whispering Meadows Subdivision, Part 4, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Whispering Meadows Subdivision, Part 4, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 21st day of ~( MAYOR ..... . 200:0 '~ ~ J ' " ATTEST ~~ ~ ~ CITY LERK City Attorney's Office tJ 1107 It was moved by Chamt> ion and seconded by 0' Donne 11 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x X C:\Documents and Settings\SGreenwood.CIVIC.001\Oesktop\Whispering Meadows Part IV Prelim Plat RESO.doc M~ ~ Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Resolution No. 07-248 RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. WHEREAS, City Council has adopted an ordinance vacating a portion of the Court Street right-of-way between Clinton and Capitol Streets; and WHEREAS, this vacation was adopted for the purpose of straightening the right-of-way along this segment of Court Street; and WHEREAS, in consideration for this vacation and requested conveyance, owner of the adjacent property, University View Partners, will convey to the City a parcel of privately- owned land, for use as public right-of-way, along Court Street of nearly equal size to the parcel now vacated by the City and a blanket utility easement will be retained; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk to execute all documents necessary to convey interest in the portion of the Court Street right-of- way between Clinton Street and Capitol Street to University View Partners via Quit Claim Deed subject to the necessary easements in consideration for University View Partners' conveyance of a nearly equal sized portion of property along this street to be dedicated as public right-of-way. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this ~u day of August ,2007. ATTEST I>r~ -R. ~~ CITY LERK Approved by ~t:L- ~- ~p City Attorney's Office p/tp /t77 Resolution No. 07-74R Page 2 It was moved by Bailey and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: x X X X X X X the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M-Ko ~ ~ Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5230 (SUB07-00004 & SUB07-000(5) RESOLUTION NO. 07-249 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF NORTH FORTY FIRST SUBDIVISION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Tyler Rogers, filed with the City Clerk the preliminary and final plat of North Forty First Subdivision, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit A PART OF AUDITOR PARCEL 2003061 OF THE NORTHEAST y.. OF THE NORTHEAST y.. OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA AND IS MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 7 WEST; THENCE S 00006'52" E ALONG THE EAST LINE OF THE NORTHEAST y.. OF SAID SECTION 15, A DISTANCE OF 1111.31 FEET; THENCE S 89048'33" W, A DISTANCE OF 33.00 FEET TO A POINT ON THE WEST 33 FOOT RIGHT OF WAY LINE FOR KANSAS AVENUE SW AND THE POINT OF BEGINNING; THENCE S 00006'52" E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 208.71 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST y.. OF THE NORTHEAST y.. OF SAID SECTION 15 ALSO BEING THE SOUTH LINE OF AUDITOR PARCEL 2003061; THENCE S 89048'33" W ALONG SAID SOUTH LINE, A DISTANCE OF 626.13 FEET; THENCE N 00006'52" W, A DISTANCE OF 208.71 FEET; THENCE N 89048'33" E, A DISTANCE OF 626.13 FEET TO THE POINT OF BEGINNING CONTAINING 3.00 ACRES AND BEING SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. And AUDITOR PARCEL 2007044, A PART OF AUDITOR PARCEL 2003061 OF THE NORTHEAST y.. OF THE NORTHEAST y.. OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA AND IS MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 7 WEST; THENCE S 00006'52" E ALONG THE EAST LINE OF THE NORTHEAST y.. OF SAID SECTION 15, A DISTANCE OF 1111.31 FEET; THENCE S 89048'33" W, A DISTANCE OF 33.00 FEET TO A POINT ON THE WEST 33 FOOT RIGHT OF WAY LINE FOR KANSAS AVENUE SW AND THE POINT OF BEGINNING; THENCE CONTINUING S 89048'33" W, A DISTANCE OF 626.13 FEET; THENCE N 00006'52" W, A DISTANCE OF 60.00 FEET; THENCE EASTERLY 140.09 FEET ALONG THE ARC OF A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, WHOSE 98.56 FOOT CHORD BEARS N 80004'26" E; THENCE SOUTHEASTERLY 30.77 FEET ALONG THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.87 FOOT CHORD BEARS S 54055'34" E; THENCE N 89048'33" E, A DISTANCE OF 480.53 FEET; THENCE NORTHEASTERLY 39.24 FEET ALONG THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 35.33 FOOT CHORD BEARS N 44050'50" E TO A POINT ON SAID WEST 33 FOOT RIGHT OF WAY LINE FOR KANSAS AVENUE SW; THENCE S 00006'52" E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 84.97 FEET TO THE POINT OF BEGINNING CONTAINING 0.96 ACRES. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and Resolution No. ...D.l.:.249 Page 2 recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall certify and send plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All recording expense is the responsibility of the owner/subdivider. Passed and approved this ') 1 !'; t day of AUQ:us t ,2CXl7 . M~_l)SL-- Approved by ATTEST %~...J 1::. ~~ A",- Y./~u~P CITY. ERK, City Attorney's Office '7/d.7,k/o? Moved by Balley,Seconded byO Donnell the Resolution be adopted and upon roll AYES: NAYS: ABSENT: call there were: x Bailey x Champion x Elliott X Correia x O'Donnell x Vanderhoef x Wilburn S:IPCDlStaff ReportsIRESIEXTRPLAT-ResSUB07 -00004&5 Kansas Ave SWdoc To: Planning & Zoning Commission Item: SUB07-00004 GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: 60 Day Limitation Period: o tlY\ STAFF REPORT Prepared by: Doug Ongie, Planning Intern Date: July 12, 2007 Tyler Rogers 2965 IWV Road Iowa City, IA 52240 Scott Ritter, LLS Hart-Frederick Consultants PC 510 E. State PO Box 560 Tiffin, IA 52340 (319) 545-7215 Preliminary and final plat approval To establish a three-lot single family residential subdivision West of Kansas Avenue SW, approximately % mile south of IWV Road SW Approximately 3.0 acres Agricultural/Residential; County AIR North: South: East: West: Agricultural; A Agricultural; A Agricultural; A Agricultural; A The property is in Fringe Area C of the Fringe Area Agreement between Iowa City and Johnson County. The property is outside the Iowa City growth area. June 18, 2007 August 2, 2007 August 18, 2007 2 BACKGROUND INFORMATION: The applicant, Tyler Rogers, is requesting preliminary and final plat approval of North Forty-First, a 3-lot residential subdivision on 3.0 acres of land. The property is located west of Kansas Avenue SW, approximately 1'4 mile south of IWV Road SW in Union Township. The proposed subdivision is situated within the two-mile extraterritorial area (Fringe Area C) and outside of the City's Long-Range Growth Boundary. The applicant recently submitted a rezoning application for the property under consideration. Upon approval, the property for the North Forty-First Subdivision will be rezoned from County Agricultural (A) to County Residential (R), and 3 acres of property approximately y.. mile south, will be rezoned from R to A. ANAL YSIS: Frinoe Area Aoreement: The Fringe Area Policy Agreement between Johnson County and Iowa City states, "In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Unified Development Ordinance and City Rural Design the Standards." City Rural Desion Standards: Streets: The proposed street, Kansas Lane SW, will be a 22-foot wide chip seal street, which meets the minimum surface width standard. The proposed right-of-way of 60 feet meets the requirement for streets without curb and gutter. Water Distribution: The subdivision will be served by private water wells and septic system, which must be approved by the County Health Department. Due to possible expansion of the City of Iowa City Landfill, a Conditional Zoning Agreement requires the private wells on this property to be closed if the landfill expands within 1000 feet of the subdivision. The City would provide an alternative water source. This stipulation should be noted in the legal papers. Fire Ratina: Before the plat can be approved, a fire rating must be established by the Volunteer Fire Department. It is the responsibility of the Developer's Engineer to obtain a letter from the fire department which serves this area. STAFF RECOMMENDATION: Staff recommends this application be deferred until a fire rating is established. Upon resolution of this issue, staff recommends approval of SUB07-00004, a preliminary and final plat of North Forty-First, a 3.0-acre, three-lot residential subdivision located on the west side of Kansas Avenue approximately y.. mile south of IWV Road SW, subject to staff approval of legal papers and construction drawings prior to City Council consideration. PC DIStaff Reportslsub07 -00004 kansas ave 3 ATTACHMENTS: 1. Location Map 2. Preliminary and Final Plat Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Development PC DIStaff Reportslsub07-00004 kansas ave 1 Ii I r -' _ n_1 I II _-+1 ----+--. --~[ l II- I I' I' I I - . I I -I '. - I I I i -..- - . t-- I J I I I I . 1 i i ,I " ! I _' I "I: ' \iv"'- ,I -.__~/I..L....~..'~ ..~." __ 'I,LL~I . -1, -----'--'- l_-'- ' I . II ~J_~-----i I' ' I I ---\ "', \ . P1 > CITY OF /0 WA CITY i -L ill I 1 " . I ~1---- ,r----li-- 1--- i I \ I '.......l RR1 I I I ' 1 I i i i -r- I I SUB07 -00004/SUB07 -00005 Subdivision North Forty-First SITE LOCATION: ll.O60(1'\.'1l.~ \.- jtOc;f.R$ ilO9[$1" HEAST CORNER- ~AST l/4-NORTI-f.:~ ION J5-79-7 D 5/8' REBAR \l/tAI ::EP Ill(. 49. PG. i!7 TYPICAL ROAD X-SECTION -..-..,,- -__1'0__ ~ ~~ '- .."-- . .__1 - cff'( Of \0"''' ctf'f APPROVED BY THE CITY or IO'w'A CITY, m......A - -- ---- ------ -- - -- --- - - - - ------ - - ---- -- - - - - -- CITY CLERK DATE APPROVED BY THE JOHNSON COUNTY BOARD or SUPERVISORS \-It!>\. ~~t.\..t. ~9(.IlG Jll. '''V\.. Nf-v1.\\.. fj>.\J\.. C. ~ftOLD ~-- -- -- -v^--iii9ivn -- -- -- -- -- n -1';- -- -- -- --..../'-- h n -- n _~Il!'~~~~~_ -- -- -- --iii9w- __ __ n ~EC~~~/:5:~R- : ~~::c~; 1~~~;l"EAST 1/4 rOUND 5/8' REBAR : $ECTlClH 15-7<j-7 3' DEEP IN N-$ rO.cE I rOUND PK HAIL InNrn R RF"!::ITFNTlAI TIES BK. 49. Pl>, 28 j IN PAVEI'4(NT j TIES ilK. 49, Pl>, 28 SETBACKS NUMIlER DIRECTI[)oj I rront: .. 40' Ll $ 89'49'33' \I 33.00- : ~~~ :~: L2 S 00'06'52' E 84.97' : HEIGMT 1 2 1/2 St:o..ln or 35' NUMBER ARC LENGTH I)[L TA ANGLE RADIUS CHORD I CI 140.09 160'31'44' :50.00 98.'56 I AAEA C2 J077 70'3\'44' 25.00 i!a97 : 40.000 squQ.re fee't C3 39'Z4 99''''25' 25.00 35:33 O~N"/SUBDI~IDO., T;ig I':J$':~ sv AUDITOR PARCEL 20030r61_ IO~A CITY. IA. 522" NORTHEAST 1/4-lNORTHEAST llO~':l '. \ ' \ ATTORNEY' JOSEPH T, HORELAND ,,.u.ll fl.. 120 EAST W'ASHfNGTQN ST. I IDW'A CITY, IA. 52240 I : , i , I PLAT PREPAReD BY, H~TE~~~~~~CrE ~~SUL TANTS PC !~ ,.I P.o. fl(]X ~O j_ TlrrU>l, lA. 52340 : , , , , , , Z' oCif.llS ii ll.09ttt1" \.- ll. ~: ~~: ~"i:Ii-~"''''"' ~, n>>IDwr~lJn:.#P_ , KU I TlU.... "G.27 -- n n -- -- -- -- n -- - : -- -- -- -- -- v^-~~ n h --.- -- -- -- ........,.w ,,,...' rJY.S I SOUTH UNE-AUDrTORPAltCEl.2ODDfiJ ll-oetl('1 \.. llO : SOUTH UNli-NOImfEAST 1/4-NOR1HEAST1/' 'UDITOR PARCEL 2007044, KANSAS LAN[ SW' llO~ftS ~o~~~:o.~~ f:~~C;- ;:'~~r~:~~~1 1~~ ~~. 11\P it S.ction 15, Towns"ip 79 North, Ro.ng. 7 W'.s't of" ttw 5th P.M., Johnson COUl'lty, 10.0. o.nd Is ...ore po.rtlculQ.rly deSicrlbed o.s f"otlows. COI"\/"IencW'lg Q.t 'thto Northf'ost corner of" ~~~~~ ~500!~;'~~E 7Q.~~r-i~ Ilto.~t.I:"W'~:tl AUDITOR PAR<;:~L 2003060 ~~"tQ.~~'t:Q.~:lI~3';' f"~~t~Q.~twr.:.c~t!' 9~~'~:'33' W', NORTH F"MTY nRST SUBDIVISION SO UT H EA'S:r _." l/4 - NO RT H EAST 0. dlstQ.nc. of" 33.00 feet 'to 0. point on thf' A pQ.rt of" AudItor PQ.rc.1 2003061 of th. W'f'st 33 foot r-Ioh't of" WQ.y Un(> fo.r KQ.nso.s Northf'ost 1/4 of the North.0.5t 1I~ of Section ~~~~~'w' sQ.~~':~~3:f.~; :fcj~~~~f ~~; ;~'h Tp.~:s~:~0;d;;t~~~~Q.7 Q.~~sl~ ~~r~h. LEGEND ~::~; i~:~: ~Q.~~';'~;;c;4~09 0. f~::Q.;:~~o~~o.oo po.rticulClrly ~scr-Ib.d 0.5 foUows, ~ GOYIIJlIdJft' comfD m Q.rc of 0. 50.00 foot: "Q.d!uSi c.....ve, coocQ.ve Co_nclng at the Nort:heost cor-I"lf'r of Section ... QO\'PJQIDT coaMIlI POlIMD Sou'th.rly, whos. 98.56 foot chord b.o.rs 15, Township 79 Nor-th, Ro.r'lQ<I! 7 W'.stj t:hf'nc. * ~ 'I'~ UtOtf _ N 80"0~'26' EJ th.nce Southeast...ly 30.77 fe.t S 00'06'52' [ Q.long the Eo.lt Une of th. . FOUIID QIOIf ~ (AlIl'1lTIDl o.(ong t:h. Q.r-c of a ~.oO foot:; rQ.aIlus curv., Northe0.5t 1/.011 of so.id Srctlon 15, a dlstQ.nce of" X CUT 'z' III COHaIftI ~~~:v~.~;t~e;::;;'j4' w~~~~~:7 Nf~~:4B'33' ~lil.~1.~f'''~j.t~:: ~0~r~8~3~~ W';"':s~153t;%eot ~ :o:.:~ E, 0. distQ.nc. of 480.53 f"..tJ thenc. right of" way li,.,.. for Ko.ns0.5 Ave.....,. SW' Q.nd 110 ~ DCldIaIllIQI i~~~~~~i.~~d~:~~::.~tc~~c:gv(>t... Q.rc of 0. ~r:.:os~~ oSe:~g;':'tgJoi":~~e'~e~;~;~:n~. ==::"J:lIIChft UNa Nor-t:hw.stt'rly, whos. 35,33 f"oot: chor-d bqQ.rs of 208.71 r.f't: to 0. point on the Sou'th UI"lf' of" _ _ -1tIC.,.~-y.n WID N 44":50'50' E to 0. point on SOold W'.st 33 root thf' t<tort:h.o."t l/~ of the Nor-theost 1/4 of --,-SIC11OtI' UJID ..igh't of" wQ.y line for- KQ.r'lso.s Av.nul!' SW'I sQ.id Section IS Q.Iso being t'" South Une of _._ -.UIalP'T UJIID thencll' S 00'0&'52' E Oolong so.laI W'.s't right Of Auditor Po...cel 2oo3061J thl!'nc. S 89'.oIIB'33' W' -----tDf ~ I'U.nD" IY DaD wOoy line, a dlstOonee of 84.97 f".et to tht' o.long So.id Sout;., line, a a1lsto.nce of 626.13 f"..tl _ _ -lInMCI: WID point of beginning contOoInin9 0.96 ocr.s thenc. N 00'06'52' W', Cl dl5to.nee of 20B,71 f..t; thence N B9'~8'33' E, 0. d1st:Q.nee of" 626.13 fu't ~..... : to thf' poir'lt of b.glnnirlg conto.lnlng 3.00 Q.C".5 PIO 11ft I Q.nd b.lr1g subject to au eQ.sl!'_nts Q.ne! ~ I r-es'trlctions or rl!'cord, : c6> ' ........ I SOUTM'w'EST CORNER- Ia"ftC mrI'D I SOUTH(AST V.-NlJRTHEAST 1/4 CtJRNER POST It ~CTlON 1'5-19-7 C(NTER I FCJl>>.lD 5/8' i:1EBAR \J/CAP 10896 $( TION 15-79-7 I rLUSH \J/l>IlOUND Ln __ n -- ---Y'-~~~ n -- n -- -- h -- : - -- ~~~~-~~~ -- -.-';;ii'iicw-"".of(Mj-,;;;;,nH,,,iBT(iz)- nI<"~_ \'IE9\.. . \-I(.~\.. ~ll-'( c. *ll'l C REVISIONS VISION PRELIMINARY AND fINAL PLAT FORTY FIRST SUBDI A PART or AUDITOR PARCEL 2003061 or THE NE 1/4 or THE NE 1/4 or SECTION 15 T-79-N R-7-1J JOHNSON COUNTY, ro\JA NORTH NCIT(, On Hay 30 1972 0. r-(>so(ution WQ.5 po.SSi'a1 stQ.ting for a :) Q.cre pQ.rcel (I">() dirI."sions ~ven) to bt' 10cQ.ted ;" the southw.st corner or thl!' southeQ.st 1/4 of tht> 7. At pQ.r-c1 plQ.c. ~----- ~~~~AST C[RN( : rOUNo~15-79-7 1 ~~E;A~i~~~~IL ~ ,PC;.27 ^ " li l; ..' S /4 /4 lENGTH I t~ Wf' would lik. to r-....ove tNs f..~ th. descr-lbed locQ.tlon Q.ne! Q.S ...pr.s.nt.d on this pto.t. NO.: .....l- OF ----L- SHEET SIDN V PRELIMINARY AND FINAL PLAT NORTH FORTY FIRST SUBDI H HART-FREDERICK CONSULTANTS, P.C. F 510 E. State Street, Tiffin, Iowa 52340-0560 C Pbone: (319) 545-7215 rax: (319) 545-7220 SCALE. 1-"'100' DRN' APP. ~l_ FLD. BK.: GPS ~ ~ DESCRIPTION 60'---;::0; c' DATE REVISiON NO. i M, I 08-~ -07 l Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-229 RESOLUTION RESCINDING RESOLUTION NO. 07-212, WHICH SET PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. WHEREAS, the buyer who proposed to purchase 983 Longfellow Place has canceled the agreement and no longer wishes to purchase the property; and WHEREAS, in light of said cancellation, the public hearing on the conveyance of 983 Longfellow Place should be canceled and Resolution No. 07-212 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Public hearing on the conveyance of 983 Longfellow Place, scheduled for August 21, 2007, is hereby canceled. 2. Resolution No. 07-212 is hereby rescinded. Passed and approved this ? 1 ~ t day of August ,2007. ~CJJ~- MAYOR ATTEST: ~~~. ~ CI LERK Appr~ _by . ~_ r ~~8~(\-cr City Attorney's Office It was moved by HR.; 1 ey and seconded by c.orrp;.<l adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x "l[ x x x "l[ ! Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOMJt LOCATED AT 983 LONGFELLOW PLACE. / ,. / WHEREAS, the ity Council of the City of Iowa City functions as the 1..0"" City Housing Authority; and 7 - WHEREAS, on Septe er 14, 1993, the City Council considered and ssed Resolution No. 93-255 approving the ction 5(h) Implementing Agreement for t conversion of public housing to private ownershl also known as the Tenant-to-Ownershi Program; and WHEREAS, under this agree nt the proceeds from such s es must be used to expand affordable housing opportunities i Iowa City; and WHEREAS, the proceeds from suc sales are used to ovide affordable housing under the City's Affordable Dream Home Progra ("ADHOP"); an WHEREAS, the Iowa City Housing Au ority ow s a single family home located at 983 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer t urchase 983 Longfellow Place for the principal sum of $147,000; and WHEREAS, this sale would provide the pportunit for a low-income family to obtain ownership of their own home; and WHEREAS, on July 24, 2007, th City Council adopt a Resolution proposing to convey its interest in 983 Longfellow Pia ,authorizing public not e of the proposed conveyance, and setting the date and time for t public hearing; and WHEREAS, following the ublic hearing on the proposed c nveyance, the City Council finds that the conveyance is in he public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN IL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 983 Longfellow Place, legally described as Unit 983 Longfellow Place of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $31,750. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: day of ~ailey --I- ~hampion I Correia ----j- Elliott ;- O'Donnell / Vanderhoef / Wilburn I 1/ ,2007. Passed and approved this Approved by ~~ City Attorney's Office M1-~ ~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-?iO RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 962 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 962 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on July 24, 2007, the City Council adopted a Resolution proposing to convey its interest in 962 Longfellow Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 962 Longfellow Court, legally described as Unit 962 Longfellow Court of Lot 11, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $37,100. Resolution No. 07-?iO Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by O'Donnell and seconded by c.orrpi~ adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X 'I x X x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Passed and approved this 21st day of A~ G21L-~ MAYOR ATTEST: /J1~ k. =I(~ CITY'cLERK Approved by ~~ 4--d.~_ot- City Attorney's Office M~ ~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-231 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 985 Longfellow Court, Iowa City; and WHEREAS, the' City has received an offer to purchase 985 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on July 24, 2007, the City Council adopted a Resolution proposing to convey its interest in 985 Longfellow Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 985 Longfellow Court, legally described as Unit 985 Longfellow Court of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $35,000. Resolution No. n7-?JJ Page 2 . 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Champion and seconded by adopted, and upon roll call there were: Railf'Y the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x X X Passed and approved this ~Hn: day of ~ MAYOR ,2007. (.J~ ATTEST ~~. ~ CITY LERK Approved by ~ 't-Jt- o-:t City Attorney's Office M, '~/' , .. ( Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 07-250 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF .AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALPLA, INC. WHEREAS, by Rfasolution No. 02-195 approved and adopted on May 21,2002, the City Council approved and adopted an urban renewal plan for the Project Area designated as the Heinz Road Urban Renewal Plan Area with stated objectives including rehabilitation, conservation, redevelopment, development or a combination thereof; and WHEREAS, the City has received a proposal from Alpla, Inc. (the Developer), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Heinz Road Urban Renewal Plan Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the agreement as the "Development Property"), and upon said Minimum Improvements resulting in an increase in actual assessed value of the Development Property of at least fifteen percent (15%), the Developer will be eligible for an Economic Development Grant; and WHEREAS, the Agreement further proposes that the City provide up to four (4) consecutive annual Economic Development Grants commencing on June 1, 2011 and ending on June 1, 2014, the aggregate of all such grants not to exceed $600,000, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, the Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403A and 15A of the Iowa Code. Resolution No. 07-250 Page 2 Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the Mayor Pro Tern and the City Clerk and the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletion therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tern and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. day of Glt. J .ar- MAYOR ~' Passed and approved this 21 s t ATTEST: )?~~ ;II - ~ CITY ERK Resolution No. Page 3 07-250 It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x AGREEMENTFORP~VATEREDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND ALPLA, INC. AGREEMENT FOR PRlV A TE REDEVELOPMENT THIS AGREEMENT FOR PRIV A TE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the ?1 !';t" day of Augu!';t ,2007, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code ofIowa of the State ofIowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2007, as amended (hereinafter called "Urban Renewal Act") and Alpla, Inc., having an office for the transaction of business at 2258 Heinz Road, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Heinz Road Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 02-l95 dated May 21, 2002; and WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will cause certain improvements to be constructed on the Development Property and will cause the same to be operated in accordance with this Agreement; and WHEREAS, the City believes that the development and continued operation of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. - 1 - NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section 3.2 of this Agreement. Q!y means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2007, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property and the other properties upon which the Public Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Alpla, Inc., a corporation. Development Property means that portion of the Heinz Road Urban Renewal Plan Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. - 2 - Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. ALPLA, INC. - Alpla TIF Account No.2 means a separate account within the Heinz Road Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements on the Development Property described in Exhibit A. Minimum Improvements shall mean the construction of improvements to the existing structure and the construction of a new commercial building, together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 02-l95 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Proiect shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. - 3 - Heinz Road Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.l9(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Project Area. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the Heinz Road Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section l2.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in respect of the Heinz Road Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. - 4 - (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Covenants, Obligations, Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) Developer is a corporation duly organized and validly existing under the laws of the State of Georgia and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the certificate of incorporation and bylaws of Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. - 5 - (e) Developer has not received any notice from any local, State for federal official that the activities of Developer with respect to the Development Property mayor will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (f) Developer will fully cooperate with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. (h) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances that may be necessary to construct the Minimum Improvements. (i) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. U) The Developer shall not, prior to the expiration of this agreement, cause or voluntarily permit the Development Property and/or Minimum Improvements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking for a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. - 6 - ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.l. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of improvements to an existing lOO,255 square foot freestanding Alpla building through the construction of additional manufacturing, warehousing or distribution space totaling approximately 82,200 square feet for industrial uses on the Development Property, all as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least l5% over the actual assessed value on January l, 2007. Section 32. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, or any discreet portion thereof, the City will furnish the Developer with a Certificate of Completion for such portion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement solely with respect to the obligations of the Developer to construct such portion of the Minimum Improvements. A Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.2, the City shall within twenty (20) days after written request to the Developer, provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary in the opinion of the City, to obtain such Certificate of Completion. ARTICLE IV. RESERVED - 7 - ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, exp'losion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $l,OOO,OOO. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. - 8 - (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State ofIowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.l. Maintenance of Properties. The Developer will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. - 9 - Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. Section 6.5. Continued Operation and Employment. Commencing upon the signing of the Agreement, the Developer agrees that it will operate a manufacturing plant at the Development Property and will continue operation of this business until at least the Termination Date set forth in Section l2.8 hereof. From September l, 2007 until November l, 2009 the Developer will maintain a minimum of 180 Full Time Employment Units at the Development Property. Commencing with the first certification, on November I, 2009, Developer agrees to employ, on average, an additional 25 new full time positions at an average hourly wage of$l4.00 per hour plus a competitive benefit package until at least the Termination Date set forth in Section 12.8 hereof. A Full Time Employment Unit means the equivalent of employment of one (l) person for eight (8) hours per day for a five (5) day, forty (40) hour workweek for fifty-two (52) weeks per year. Section 6.6. Annual Certification. To assist the City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section l.l of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market - 10 - factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (l2) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November l, 2009, and ending on November l, 2012 both dates inclusive. Upon certification by the Developer on or before November l, 2009, the City will certify to establish a base value as of January l, 2007. Section 6.7 Taxation of Development Property. The Developer shall not, prior to the expiration of this agreement, cause or voluntarily permit the Development Property and/or Minimum Improvements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking for a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.l. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will maintain existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all substantially all of the Development Property and Minimum Improvements, or assign its interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions of this Agreement, (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by, under common control with or controls Developer or to any entity that - II - acquires all or substantially all of the assets of the Developer or to any corporate successor to Developer by consolidation, merger, or otherwise, and (b) the Developer may (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer of its obligations hereunder, and the City agrees in writing that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third-party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees to make up to four annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. The annual grants shall commence on June l, 20 II and end on June l, 2014, or when the total of all grants is equal to $600,000. All annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments (unless the total grant amount of $600,000 is reached first) collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403 .l9( 6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.6 hereof and the City Manager's approval thereof. Beginning with the November l, 2009 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.6 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January I of that year, to be collected by the - l2 - City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2009, respectively, the first Economic Development Grant would be paid to the Developer on June 1,2011). ( c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to the Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be make, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing under Section 6.6 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow four (4) annual Economic Development Grants if Developer is in compliance with this Agreement. ( d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $600,000. Each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January l, 2007, and on January 1 of each of the following four (4) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of$600,000. The final grant shall be adjusted, if necessary, if payment of lOO% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $600,000. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the - 13 - Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.6 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section lO.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 1 0.2 hereof. Section 8.2. Source of Grant Punds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the ALPLA, INC. - Alpla TIP Account No.2 of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the ALPLA, INC. - Alpla TIP Account No.2 to pay the Economic Development Grants, as and to the extent set forth in Section 8.l hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. . (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counselor a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.l, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. Upon receipt of such an opinion or decision, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion or decision continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.l, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. - 14 - (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the ALPLA, INC. - Alpla TIF Account No.2 (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (Le. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.l. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the - l5 - Development Property relating to conditions caused by Developer after the effective date of this Agreement. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section lO.I. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, anyone or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) If the holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; - 16 - (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take anyone or more of the following actions after (except in the case of an Event of Default under subsections (d) or (e) of said Section 10.1 in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: - 17 - (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section lOA. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attornevs' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefor, pay to the part not in default the reasonable fees of such attorneys and such other - 18 - expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. - 19 - ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 289 Highway 155 S., McDonough, GA 30253. (b) In the case of the City, is addressed to or delivered personally to the City at Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 1204. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State ofIowa. - 20 - Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31,2014. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name and behalf by Alpla, Inc. (SEAL) CITY O~TY, IOW)L By: ( ,J - Mayor - ATTEST: By: 71z . 'If.~ City~ - 21 - By: ALP LA. INC. ATTEST: By: ~/6'TI1(Of( ftoF~r7R-C;#cfZ C5f2() (title) STATE OF IOWA ) ) SS COUNTY OF :roH<J501J. ) 51- On this d../ r day of Au...Gu..s.-r-- ,2007, before me a Notary Public in and for said County, personally appeared Ross Wilburn and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. SONDRAE FORT i~ Commission Number 159791 . . My Commission Expires ow 3 /;2ocC. S~~tL ~ Notary Public in and for Johnson County, Iowa - 22 - c;A CO UNTY OF .f{ IlvtJ n.. '7 On this ' b day of A1A Cu r-:- , 2007, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared 'i)t ~t\M I-<.o~~and,/ , to me personally known, who, being by me duly sworn, did say that they are the c;;::=o and ___ of Alpla, Inc. and that said instrument was signed on behalf of said corporation; and that the said 7){ ~~ .J4Jft1(~(2a(cR.. and ____ , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. STATE OF ) ) SS ) (~ /iLul?<M. Notary Public4'~ and for County and State - 23 - EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels ofland located in the City ofIowa City, County of Johnson, State ofIowa, more particularly described as follows: LEGAL DESCRIPTION The real property located in the County of Johnson, State ofIowa, and legally described as follows: Lot 4, BDI Second Addition to Iowa City, Johnson County, Iowa, as filed in Book 19, Page 80 of the Johnson County Recorder's Office; and Lot 1, BDI Fifth Addition to Iowa City, Johnson County, Iowa, as filed in Book 29, Page 74 of the Johnson County Recorder's Office. A-I EXHIBIT B MINIMUM IMPROVEMENTS The Developer agrees to complete Minimum Improvements generally consisting of improvements to an existing 100,255 square foot freestanding Alpla building through the construction of additional manufacturing, warehousing and distribution space totaling approximately 82,200 square feet for industrial uses on the Development Property. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value on January 1, 2007. EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City ofIowa City, Iowa (the "City") and ALPLA, INC., having an office for the transaction of business at 2258 Heinz Road, Iowa City, Iowa (the "Developer"), did on or about the day of , 2007, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: LEGAL DESCRIPTION Lot 4, BDI Second Addition to Iowa City, Johnson County, Iowa, as filed in Book 19, Page 80 of the Johnson County Recorder's Office; and Lot 1, BDI Fifth Addition to Iowa City, Johnson County, Iowa, as filed in Book 29, Page 74 of the Johnson County Recorder's Office. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a C - 1 manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: ,By: City Clerk C-2 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of ,2007, before me a Notary Public in and for said County, personally appeared Ross Wilburn and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City ofIowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa C - 3 1 ~ 1 f~~~'! ",,'It ~IIII'~ ~ ... CITY OF IOWA CITY MEMORANDUM ~ L.1!U Date: August 13, 2007 To: City Council From: Wendy Ford, Economic Development Coordinator Re: Alpla Expansion TIF agreement Alpla, a plastic container manufacturer on Heinz Rd. in Iowa City is seeking financial assistance for a $5 million expansion of their facility. They are requesting a 4 year $600,000 Tax Increment Financing Rebate. Alpla is a growing plastic bottle manufacturer in our industrial area supplying packaging to, among others, Procter and Gamble in the same vicinity. The expansion will enable them to do additional manufacturing and warehousing facilities as their business grows. In 2003, the City agreed to provide Alpla with a 5 year, $510,000 maximum TIF rebate (including a $35,000 grant) to aid in an expansion providing an additional 86,000 square feet to the original building. In exchange, Alpla was to maintain at least 35 full time jobs. Each year since certifying completion of the initial project, Alpla has been in compliance with all aspects of the performance-based TIF, providing payroll information including the annual or hourly salary of each position. Each year, Alpla has expanded operations and added employees. Alpla has received two of their five annual rebates. The first of the proposed new rebates would begin the year following the final rebate of their first agreement, in 2011. Since the initial expansion, Alpla purchased the old General Mills building on adjacent property, expanded operations at that building and now, would like to expand again with an 82,200 square foot addition at that location. Alpla now employs more than 200 people full time (most permanent, some temporary) and they will commit to maintaining at least 180 permanent full time jobs as well as adding an additional 25 permanent full time jobs with an average wage of at least $14.00 per hour plus benefits. (At their last report, in Nov. 2006, the total annual payroll was in excess of $4.38 million, with an average hourly wage of $14.43. Third quarter wage data from the Iowa Department of Economic Development reports the average wage in Johnson County is $14.76.) August 13, 2007 Page 2 Construction would begin in the fall of 2007 and be complete in 2008. Alpla would certify for completion in November of 2009 and their first rebate would be distributed in June of 2011. The final rebate would be in June of 2014, provided they had met all performance requirements, including paying all property taxes owed, and provided they had not reached the $600,000 maximum. Details of the Development Agreement include the following: . Alpla would agree not to seek Partial Industrial Property Tax Exemptions on the new building. . Making Minimum Improvements consisting of an 82,200 square foot addition and increasing assessed value on Jan. 1 2009 by at least 15% over Jan. 1,2007 assessment. . Alpla would receive 4 annual 100% TIF rebates with a $600,000 cap. . Alpla would agree to maintain 180 permanent full time positions at an average of $14.00 per hour wage or above, plus benefits. . Alpla would agree to adding 25 additional permanent full time positions at an average of $14.00 per hour wage or above, plus benefits. . Alpla would agree to fully cooperate with the City in the resolution of any traffic, parking, trash removal, noise or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. .~ ~.-- L..lLJ Prepared by: Terry Trueblood, Parks and Recreation, 220 S, Gilbert, Iowa City,IA 52240 (319) 356-5110 RESOLUTION NO. 07-251 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE NAPOLEON PARK CONCESSION AND RESTROOM FACILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project were published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city 4 to 45 days prior to the date for filing bids. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, before 2:00 p.m. on the 11th day of September, 2007. At that time, the bids will be opened and announced by the Parks and Recreation Director or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at City Hall (in Emma J. Harvat Hall), Iowa City, Iowa, at 7:00 p.m. on the 18th day of September, 2007 or at a special meeting called for that purpose. Passed and approved this 21 s t day of August ,2007. ~(~~~ ....:. ATTEST: ~ ~. ~ CITY RK ;:;::;.~ City Attorney's Office 9 It.; /v7 P&R1res/Napoleon con cess P&S.doc Resolution No. Page ') 07-2')] It was moved by 0' Donnell and seconded by Bailey adopted, and upon roll call there were: AYES: ABSENT: NAYS: x x X x x x X the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~ -r- l' j(/ Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 07-252 RESOLUTION APPROVING FUNDING FOR GLUTEN EVOLUTION LLC 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 a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Gluten Evolution LLC be allocated $50,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest rate of 3%; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create 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, terminate or amend an agreement(s) with Gluten Evolution LLC for activities in connection with this allocation of public funds. Passed and approved this 21 s t day of ~ - '3 '0 r ATTEST: ~~-J K. ~ CI CLERK City Attorney's Office It was moved by 0' Donnell upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, and AYES: NAYS: ABSENT: ABSTAIN: x x x x X Bailey Champion Correia Elliott O'Donnell Wilburn X Vanderhoer-- X Ppdcdbg/res/cdbgfund.doc--- 1 ~ 1 --= -~... ~~aii~~ ~ ~IIII" -.: CITY OF IOWA CITY MEMORANDUM ~ L1U Date: August 13, 2007 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation Gluten Evolution LLC Gluten Evolution LLC is a test kitchen and creator of the bread mixes, Breads from Anna. The business started as a personal chef service in 2002 to help persons live on a gluten free diet. Since that time the business has expanded to offer bread and pie mixes made of gluten-free and all-natural ingredients. The market for the mixes include those with Celiac disease, the failure of one's body to produce the enzyme that breaks down the protein in gluten, found in wheat, barley and rye, and others who desire all-natural ingredients. In 2004 their products became available for sale online. Only about 5% of their products are sold to Iowa City customers. The overwhelming majority of their products are shipped throughout the United States. They also have an international market with shipments going to United Kingdom, Australia and New Zealand. The business is located at 1630 Willow Creek Drive, #7. Employment created by this project will include 1.5 full-time equivalent positions for low-to-moderate income persons. CDBG funds will be used for working capital. The Council Economic Development Committee has recommended a $50,000 loan at 3% interest for a maximum term of 7 years. Due to high owner commitment and investment in the business, the owner's history of paying loan obligations, and the owner's experience with research and development, the committee recommended funding this business even though the loan will not be fully secured. The loan will be partially secured by a mortgage on the personal residence of the president of the company. i'iII:?Jm'~~or I Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 07-253 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CONDUCTING AN INTENSIVE SURVEY OF THE NEAR SOUTHSIDE AREA TO IDENTIFY, EVALUATE AND PREPARE DOCUMENTATION FOR THE HISTORIC PROPERTIES WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a CLG Grant for the purpose of conducting an intensive survey in the Near Southside area to identify, and evaluate the historically and architecturally significant properties, and to prepare Iowa Site Inventory Forms and a Multi-Property Cover Document for the historic properties; and WHEREAS, said grant will require providing up to $6,000 in cash and/or in-kind services and supplies as a local match, which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation consulting activities as well as volunteer and staff time; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources, in accordance with the Comprehensive Plan including the Historic Preservation Plan and the Near Souths ide Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a CLG Grant for conducting an intensive survey of the Near Southside Area to identify, evaluate and prepare Iowa Site Inventory Forms for historic properties. The Mayor is authorized to sign the grant application. 2. The grant application shall state that any City initiated nominations for National Register must be approved by the City Council. 3. In the event the Commission is successful in securing the grant, the grant agreement between the State Historical Society and the City must be approved by the City Council. Passed and approved this 21 s t day of Augus t .~_c J3L- M YOR Approved by 4t:a ~'~1~ ity Attorney's Office .g-lrr/P7 ATTEST:~4~' ~ ~~ CICLERK Resolution No. --Dl.=253 Page 2 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x y x PCDI 1_HistPres\Grants\CLG2007\C LG2008res. doc Champion Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn the Resolution be (5 Iowa City Historic Preservation Commission City [JaIL 4[01/ \X ,,,hlllgtUIl Street, juwa Cit\'. 1.\.:;22.10 MEMORANDUM Date: August 15, 2007 To: City Council From: Tim Weitzel, Chair, Historic Preservation Commission Re: CLG Grant Application I am writing to request the Council to approve the submittal of an application for a Certified Local Government (CLG) Grant. If we receive the grant, the HPC would hire a qualified historic preservation consultant to conduct a historic resources inventory and evaluation for the properties in the area known as the Near Southside. This survey project is consistent with the goals set out in the Comprehensive Plan, and will help achieve one of the objectives including the Historic Preservation Plan and the Near Southside Redevelopment Plan. The intended products of the project would include Iowa Site Inventory Forms and a survey report-Multiple Property Cover Document. The report and forms will be presented to the property owners in a public neighborhood meeting. The overall goal is to identify the historic properties worthy of preservation and rehabilitation, and to develop tools and strategies to foster preservation. Any Individual Landmark Designation and/or National Register Nomination based on the survey would be part of a separate process. The grant application is attached. If there are any questions, comments, or concerns, I plan to be in attendance at the Council Meeting on Tuesday. FY2008 State of Iowa Certified Local Government Grant Application A. Applicant Information Please type or print clearly-all information is required Federal Congressional District Number: 2 State Senatorial District Number (s): 39 State Re resentative District Number s : 77 1. City/County (CLG) Applicant Name: City of Iowa City Mayor/Chair of Board of Supervisors/ ACLUD President: The Honorable Ross Wilburn City/County Mailing Address: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 2. Name of Person who Prepared Application: Tim Weitzel, Chair Iowa City Historic Preservation Commission Preparer's Mailing Address: 523 Grant Street Iowa City, IA 52240 Preparer's Daytime Phone: (319) 354-5290 Preparer's E-mail address:tweitzel@avalon.net 3. Local Grant Director's (LGD) Name (who will direct the project once awarded): Sunil Terdalkar LGD's Mailing Addresss (City, State, & Zip): Planning and Community Development 410 E Washington ST Iowa City, IA 52240 LGD's Daytime Phone: (319) 356-5230 LGD's E-mail address: Sunil- Terdalkar@iowa-city.org Signature of the Mayor, Chairman of County Board of Supervisors, President ACLUD Trustees .... slfllIMllIIM Name Title Date (This signature legally obligates the applicant) B. PROJECT INFORMATION 1. Project Title: Intensive Survey of the Near Southside Area of Iowa City to Identify, Evaluate, and Document the Historic Properties and Their Potential National Register of Historic Places Eligibility 2. Type of project: (Check appropriate category. See the manual for descriptions of project categories) D Planning for Preservation [8J Reconnaissance or Intensive Survey D Registration D Public Education D Predevelopment c. SCOPE OF WORK: Describe the following four (4) items, use additional pages if necessary: . Goal: State the project goal and the activities needed to accomplish that goal. . Coordination: Describe the division of labor, project responsibilities of consultant, local project director, staff, and volunteers. . Work Products: Insert tangible list of products required for your type of project. Identify additional intangible products or benefits. · Schedule: List proposed deadlines for completing different parts of the project, such hiring consultant, organizing and training volunteers, conducting meetings, research design (if required), preparing materials, submitting draft and final products. Goals The Iowa City Historic Preservation Commission (Commission) has identified as a priority the survey and evaluation of properties in the Near Southside Area and documentation their architectural and/or historical significance. The Commission intends to survey the properties spread across approximately 35-40 city blocks as part this project including the 20 blocks in the Near Southside Area (south of Burlington Street and west of Gilbert street) and approximately 15-20 additional city blocks north of Kirkwood Avenue and east of Van Buren Street. The Survey Boundary Map outlines the specific boundaries for this project. Located immediately to the south of the historic downtown, the Near Southside Area has been identified as an area suitable for the expansion of Downtown Iowa City. The Near Southside Redevelopment Plan (January 1992) set a vision for the redevelopment of the area. The Redevelopment Plan recognizes the historic significance of the area and the need to maintain 2 the surviving historic properties in the area. The Iowa City Historic Preservation Plan adopted an objective to survey, document and designate of the historic buildings. Phase I intensive survey and evaluation of existing structures will provide the City of Iowa City with facts needed to determine the level of eligibility, if any, of the remaining historic structures that can be nominated to the National Register of Historic Places. Successful nomination to the National Register of Historic Places provides a national honor as well the access to many state and federal grant and loan programs that are developed specifically for historically significant properties. Therefore, determination of eligibility is the first and important step in this process. The Commission intends to complete a Multiple Property Documentation process as well as individual Iowa Site Inventory Forms. This information can be used for future considerations of individual or group local landmark designations as well as National Register nominations. However, as per City Council directive, consultations with property owners and public meetings are necessary for any nominations. Prior to this occurring we must first identify which properties are potentially eligible. Coordination This project involves the survey and evaluation necessary prior to the preparation of the documentation that can be used for a National Register of Historic Places Individual or Multiple Property Designation (MPD) nomination. The Commission, following the practice used in pervious survey projects, will hire a qualified (based on the Secretary of Interior's professional qualifications) historic preservation consultant to carry out the research and documentation work. The first step, after the selection of the consultant, will include a block-by-block pedestrian survey of the area of study to identify properties likely to be significant-eligible for the National Register of Historic Places. The Commission will also encourage members of the community to communicate directly with them or through Friends of Historic Preservation to indicate buildings they regard as significant and in need of more extensive research by the consultant to determine final eligibility. Although, the consultant would be responsible for majority of the investigative work, volunteer support can also be sought from the interested property owners and residents in the area to research historical documents of the properties identified for detailed evaluation. Members of the Historic Preservation Commission have prepared this document and will be involved in reviewing responses to the request for proposal (RFP) for this project, selecting a consultant to complete the work, and reviewing drafts of the nominations. The Commission will also host neighborhood meetings to keep property owners informed about the project and to solicit public comments. The Commission's City staff person, an Associate Planner with the City's Department of Planning and Community Development, will serve as project manager. It is anticipated that approximately 30-40 hours of project management time will be required to oversee this project, which will include tasks related to preparing the RFP, the consultant subcontract, and other related documents, organizing neighborhood meetings, responding to questions from the public, distributing drafts and coordinating reviews of the site forms, general project administration, and working with the consultant to provide assistance as necessary. The use and involvement of volunteers from the neighborhood will be at the discretion of the consultant selected to complete the nomination. Forty to fifty hours of a City intern time will also be available to the consultant for completing various tasks, such as property ownership information, mailings and photography, as well as for routine tasks associated with the project manager's responsibilities. 3 Iowa City is fortunate to have a wide array of organizations that support local historic preservation. These groups include the Iowa City Friends of Historic Preservation, Johnson County Historical Society, Iowa City Public Library, Noon Lyons Club, and Englert Civic Theatre, Inc. The principal two organizations that deal with preservation of historic buildings are the HPC and FHP. It is not currently planned, but it may be possible to enlist the assistance of some of these local organizations to promote the historic properties, if proposed. The Commission will seek out volunteer assistance to aid in the completion of this project. Volunteer work was essential in the completion of a similar project in the Melrose Neighborhood and other projects that have involved the restoration and interpretation of Iowa City's buildings and history have successfully utilized volunteer effort. Members of the Commission and the consultant will present the survey results in a pUblic forum to provide an opportunity for the landowners and residents in the survey areas to learn about the process. All landowners and residents of properties will be presented with the information about the historical and architectural context, significance or non-significance of the properties surveyed. Based on the level of interest, the property owners can also be informed about the National Register nomination process, benefits of the nomination-tax credits, loan and grant programs available through various state and federal programs. Initial meetings will also be used to train interested owners and residents how to research the history of their properties. The information gathered from the owners will be added to the information to be completed in the background research and architectural survey of these districts. Work Products The primary outcome of the project will be up to 30 Iowa Site Inventory Forms and final survey report in the form of a Multiple Property Cover Document. As per the CLG Manual, the Commission and the Consultant will provide the following work products as appropriate during each stage of the survey project. · Two (2) copies of a research design outlining the project activities and schedule; · Two (2) finished sets of typed Iowa Site Inventory forms for each building, structure, object or site (other than archaeological) recorded or updated during the project, each form with at least one black and white photographic print enclosed in a Print-File type plastic sleeve; · At least one black and white photograph will be taken of each surveyed property; for each roll of black and white film used, develop two contact sheets and one set of negatives, to be filed in Print-File type plastic sleeves; · Two (2) copies of any color slides on 35 mm, Kodachrome film taken for the survey; · Two (2) typed copies of "Photograph/Catalog Field Sheet" for each roll of black and white or color slide film; · Three (3) draft copies of survey report; the report will follow the format of a Multiple Property Cover Document; 4 . Five (5) to ten (10) typed sample Iowa Site Inventory forms, each with at least one black and white photographic print enclosed in a Print-File type plastic sleeve, will accompany the draft survey report . A minimum of twelve (12) copies of the final project report, to include 11 bound copies and one unbound, print-ready master copy; . A completed, typed Historic-Architectural Database (HADB) encoding form for summarizing report information. Schedule The proposed project will include the following activities: o Distribute RFP for project o City of Iowa City selects consultant o Consultant signs contract with City of Iowa City o Submit project research design to the State o Consultant meets with IC HPC, completes reconnaissance survey, begins archival research, trains intern for photography work; photography completed o Public meeting held regarding survey project for property owners in Near Southside Area; research completed on individual properties o Draft Iowa Site Inventory Forms for up to 10 properties prepared by Consultant; o Draft Multiple Property Documentation survey report prepared by Consultant and submitted to IC HPC and State o Final Iowa Site Inventory Forms for up to 30 properties prepared and submitted; Final Multiple Property Documentation survey report prepared by Consultant and submitted to IC HPC and State incorporating comments received; and final presentation made for Near Souths ide Area property owners. January 2008 February 2008 March 2008 March 2008 March-April 2008 May-July 2008 September/October 2008 January/February 2009 April-June 2009 5 D. Explain how the proposed project will help to fulfill the goals and objectives of your local preservation plan and/or the state preservation plan. If this is part of a multi-phase project, describe the completed project segments and/or future ones that are linked to this project application. Each year's project must be able to stand alone. Funding of one year does not guarantee funding of future phases. In 1992, as part of Comprehensive Plan, Iowa City adopted the Historic Preservation Plan which identifies several goals to be pursued concurrently. These goals include the identification of resources significant to Iowa City's past (Goal 1), and the adoption of strategies in the conservation of historic neighborhoods that reflect their natural development, historical roles and traditions, modern needs, and economic health and stability (Goal 10). Such strategies include the designation of identified historic districts as National Register and local historic districts in order to promote public awareness of these areas and to ensure that the districts will retain their historic character into the future. It is significant that this area comprises some of the oldest land additions to the original town plat. As addressed in the current Near Southside Redevelopment Plan, much of this area has seen impacts that have negatively affected the historic integrity and architecture within this area. Formerly a vibrant neighborhood associated mainly with people of Irish American descent, the area now has many underdeveloped or vacant lots, especially in the block adjacent to Burlington Street between Clinton and Dubuque Streets, and the block south of the Courthouse. The last two structures related to the St. Patrick's parish, the rectory and the church were demolished last year. They were badly damaged by the tornado on April 13, 2006. Most of the long-term residents had left this neighborhood before the St. Patrick's parish hall and school were demolished in the 1990s. Some of the magnificent residences were located in the County Seat Addition of Iowa City. With the completion of the Transportation Center on the corner of Dubuque Street and Court Street, the Near Southside Area has taken the first step in the direction of redevelopment. Other recent developments such as the completion of Plaza Towers-a high-rise mixed-use residential and commercial building north of Burlington Street, approval for a similar high-rise building on Clinton Street south of Burlington Street, and the redevelopment potential in the wake of the tornado, have created a strong level of interest for redevelopment. While this can provide an important opportunity, there is a possibility that important historic resources will be ignored in the process. As stated in the Redevelopment Plan, priority consideration should be given to the preservation of the significant historic resources and the option of providing financial incentives for maintaining and/or rehabilitating should be studied. In addition, it is essential to create and maintain a harmonious built environment as new buildings are constructed near to the buildings determined to be historically significant. Preservation of historically and architecturally significant properties will economically benefit the community. The National Trust for Historic Preservation reports that $1 million spent on rehabilitation will create more jobs and keep more money in the local economy than the same $1 million spent on new construction. Moreover, maintaining a community's sense of place provides many tangible and intangible benefits. For example, a recent travel industry survey found that more than 40% of Americans visit a historic place or community while on vacation. These people spent nearly 40% more than the typical traveler did.1 The ongoing revision of the Preservation Plan addresses some of the issues related to heritage tourism. Completing an 1 National Trust for Historic Preservation. Http://www.nationaltrust.org. 6 inventory of significant buildings will help identify key structures that could contribute to heritage tourism as well as redeveloping a livable neighborhood in the Near Southside Area. With the successful completion of this project one of the goals listed in the 1992 Historic Preservation Plan will be met. Completion of this project is also expected to meet other goals that are part of the Iowa City Comprehensive Plan. E. Past grant contract performance Specifically address the success or challenges faced in carrying out the requirements of your past CLG grant projects. DO NOT LEAVE THIS SECTION BLANK. This section gives the applicant an opportunity to dispel any fears on the part of the review panel or Board that past problems will hinder this new effort. Simply explain. what steps have been taken to insure project success. if a past project was cancelled, please address the specific circumstances of that cancellation. if all previous eLG grants have been successfully completed, please state this and discuss the factors that have contributed to your success. if you have never received a eLG grant, assess your commission's performance since being certified, using specific instances to make your points. Describe how undertaking this project will strengthen and enhance commission performance. The Iowa City Historic Preservation Commission has a long record of completing grant programs successfully. In 1983, a CLG grant was awarded to establish a preservation library in the Iowa City Planning and Community Development department. The materials are accessible to the public, Planning Department staff, and members of the Commission. The library is still in operation and is continuously updated. A 1988 grant allowed the Commission to compile and print a Guide to Historic Iowa City, creating an awareness of local historic buildings and neighborhoods. Because of the local demand for these "guide maps," a second printing was funded by private donations. Over 15,000 copies of the map were printed, and the Commission is currently planning to produce a revised map. In 1990, the HRDP program provided a $25,000 grant to assist in the preparation of the Iowa City Historic Preservation Plan, from which the current project has been prioritized. The plan has been instrumental in guiding preservation initiatives in Iowa City. A 1992 CLG grant resulted in the listing of the Brown Street Historic District in the National Register. The district has also been designated as a local district. A 1995 CLG grant funded a survey of the Dubuque/Linn Street corridor, which recommended the designation of a conservation district and a number of individual local historic landmarks within this area. The remainder of the North Side and adjacent Goosetown neighborhoods were surveyed in three phases. The first phase was funded by a 1996 CLG grant, the second phase was assisted by a 1997 HRDP grant, and the third phase was funded by a 1999 CLG grant. A 1993 CLG grant made possible a survey of the College Hill neighborhood, which resulted in the local and National Register designation of the College Green and East College Street Historic Districts. A 1995 HRDP grant funded the National Register nominations for these two districts, which were listed in 1997. An HRDP grant in 1994 and a CLG grant in 1997 funded a survey of the Longfellow neighborhood, which was designated an Iowa City Historic District in 2002. In addition to these state-funded surveys, the City of Iowa City funded a survey of the downtown Iowa City commercial district, completed in 2001. In 2003-2004, the Commission revised the Iowa City Historic Preservation Handbook, a 73-page document that describes the design 7 review process, lists local districts, landmarks and specific guidelines, which are based upon and refer back to the Secretary of the Interior's Guidelines for Historic Preservation. The Commission refers to National Park Service technical briefs and National Trust information as needed, has sought to maintain a membership containing expertise in architectural history, history, archaeology, and historically sensitive construction and renovation. Currently, the City of Iowa City is using a REAP/HRDP Grant to revise and update the Iowa City Historic Preservation Plan, and is in the final stages of the project. Draft of the Plan is being printed for public review and Public Hearings schedule is being finalized. The City of Iowa City and its Historic Preservation Commission have a proven record of following the City's Historic Preservation Plan, completing grant-funded projects and implementing the recommendations of its surveys for legislation and historic districting. Previous grant-funded projects have helped improve the image of, and support for, historic preservation in Iowa City. It is hoped that the current momentum and community interest coupled with grant funds will allow us to collect the necessary data to support additional historic district, conservation district, and/or historic landmark designations to protect the older threatened neighborhoods in Iowa City and leave a valuable legacy for future generations. 8 F. BUDGET: 5,75 * CLG Grant = the total amount must not exceed 60% OF TOTAL PROJECT COSTS ** Applicant Match (cash + in-kind) must equal a minimum of 40% OF TOTAL PROJECT COSTS Please check your math. CERTIFICATION: I certify that the matching share proposedfor this project does not include funding from other Federal sources, and that these funds are not being used as match against any other Federal grant application. AUTHORIZED SIGNATURE, CHIEF ELECTED OFFICIAL DATE 9 ~ t:j r::J 25 ~ I 301 316 /' /' 325 324 221335 ~ Q l- V) Z 0 V) 0 <( ::E 603 414 416 >- t:= :J f\J 0"" U 511 609 620 . 5 47 I- 5 0 V) 514 ....J o 518 t:; 520 <L () 4 605 600 611 615 620l 617 630 625 Iii z o I- Z ::; U ~////4 ~ = :~ BURLINGTON ST 0 201 231 323 302 " 314 302 325 307 320 320 328 " " 332 336 228 COURT ST 402 400 Post 408 Offi ce 414 457 435 412 319 400 422 427 432 429 433 HARRISON ST 503 5011 500 Iii l- V) 505 Z w 512 W 508 ~ ::> 519 a:: 0' 521 ::> ::> !D 528 !D 527 Z ::> ~ 1 18 0 538 531 PRENTISS ST 225 ~ 620 628 225 1/2 [ 703 700 705 710 709 720 220 725 730 m 800 817 BENTON ST 3 Near South Side 1119 927 931 Z W 935 ~ 942 941 !D Z 428 440~ .. .. .. 1020 ~ 1105 N 1102 I Vacated right-of-way - Properties identified for Phase I review -It /b fJ\l; Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 07-254 RESOLUTION NAMING THE ENTRY DRIVEWAY TO THE IOWA CITY WATER TREATMENT PLANT STEPHEN ATKINS DRIVE WHEREAS, Stephen J. Atkins has recently retired as the City of Iowa City's City Manager after 21 years of service; and WHEREAS, during those 21 years, Stephen J. Atkins has made significant contributions to the City of Iowa City and the City Council desires to recognize the positive impact he has made on the community; and WHEREAS, in recognition of these contributions, City Council has directed City Staff to honor Stephen J. Atkins by naming the entry driveway to the City of Iowa City Water Treatment Plant located off of N. Dubuque Street "Stephen Atkins Drive" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The entry driveway to the City of Iowa City Water Treatment Plant located off of N. Dubuque Street is hereby named "Stephen Atkins Drive". 2. City staff is hereby directed to place a street sign reflecting this name designation. Passed and approved this 21st day of August ,2007. ()4 ( J,~ MAYOR ATTEST: Ih~-I( ~~ 'Crn"CLERK rr:;;Y~' .. . 1:::}t.bCg' - ;1\ ~ 0 7 City Attorney's Office It was moved by Vanderhoef and seconded by be adopted, and upon roll call there were: Correia the Resolution AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ --lU '\. "\\ prepa;~..bY Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA " ;/.'. \. \ .. , RESOLUTION NO. RESOLUTIO~'..f'IAMING THE ENTRY DRIVEWAY TO THE I A CITY WATER TREATMENT PhANT ATKINS DRIVE \ / WHEREAS, Stephen J. Ai~lQs has recently retired as the City 00wa City's City Manager after 21 years of service; and \" / \ / " ? WHEREAS, during those 21 ye~s, Stephen J. Atkins has,lnade significant contributions to the City of Iowa City and the City CoUt:)cil desires to recogni~ the positive impact he has made on the community; and '\ ./' \'''\ j- WHEREAS, in recognition of these cdt)tributions, CitY Council has directed City Staff to honor Stephen J. Atkins by naming the entry d{iveway to/the City of Iowa City Water Treatment Plant located off of N. Dubuque Street "Atkins Drive" . \ '''-''. NOW, THEREFORE, BE IT RESOLVED BY/THE CITY COUNCIL OF IOWA CITY, IOWA, .y THAT.,\. :\ / "'\. , " 1. The entry driveway to the City of ,rowa \ity Water Treatment Plant located off of N. Dubuque Street is hereby named "Atkins Di\ye". " \ 2. City staff is hereby directed to pta'ce a street s~ reflecting this name designation. Passed and approved this _ day of ,2 07. MAYOR '\ the Resolution ", ATTEST: CITY CLERK It was moved by and seconded by be adopted, and upon rail call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ! I f ~ ~ --1LJ Prepared by: Terry Trueblood, Parks & Rec, 220 S, Gilbert St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 07-255 RESOLUTION NAMING THE POND AREA LOCATED WITHIN THE THORNBERRY OFF-LEASH DOG PARK AS LILY'S POND. WHEREAS, the Iowa City Parks and Recreation Department and the Johnson County Dog Park Action Committee (DogPAC) cooperatively worked toward the development of the Thornberry Off-Leash Dog Park; and WHEREAS, Dogpac led a successful fund raising campaign to finance most of the construction of this facility; and WHEREAS, Beth Shields played a prominent role as President of DogPAC during this fund raising campaign and during the initial development and opening of the dog park; and WHEREAS, Beth's dog Lily recently passed away at a premature age; and WHEREAS, the DogPAC Board of Directors has requested that the pond area be named "Lily's Pond" to appropriately recognize the efforts of Beth Shields; and WHEREAS, the Iowa City Parks and Recreation Commission, as voted upon at their meeting of August 8, 2007', unanimously supports this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The name of the pond area within the Thornberry Off-Leash Dog Park be named "Lily's Pond," Passed and approved this 21st day of r;cu,~ M OR ATTEST: ~~~r~ =R. ~/vL) CITY LERK ParksrecJres/lilys pond.doc Resolution No. Page 2 07-255 It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X X X X ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M+o. (J I ,-'"; ,~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City. IA 52240319-356-5149 RESOLUTION NO. 07-256 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. WHEREAS, the City of Iowa City desires to construct the Old Highway 218 Water Main Extension Project ("Project") which includes extension of 12" water main along Old Highway 218 from S. Riverside Drive to Izaak Walton Road; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to ~eC~ . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Old Highway 218 Water Main Extension Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 21st day of AU~( .2;~ MAYOR ~ Approved by ~. .J.~--mO ,/ Ity Attorney's Office r( (r/() 7 ATTEST: ~-U'~ ~ ~1A~) CIT LERK Resolution No. 07-256 Page 2 It was moved by RR i 1 ey and upon roll call there were: and seconded by AYES: X X x x x x y NAYS: Pwenglresl/218watermai n-acqprop.doc Vanderhoef the Resolution be adopted, ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Date: August 15, 2007 ~~ . - 1 -,....= -14 f~-,~~8t ~~_...~ .... - CITY OF IOWA CITY To: Ron Knoche, City Engineer From: Sarah Okerlund, Civil Engineerlf() 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Re: Old Highway 218 Water Main Extension Project Summary The Old Highway 218 Water Main Extension Project involves the extension of approximately 7,000 linear feet of 12" water main on the south side of town. The project starts at the existing end location just north of the southern intersection of Old Hwy 218 and South Riverside Drive. (South of Mormon Trek Blvd, in front of Hubbard Feeds) It continues along the east side of Old Hwy 218, between the roadway and CRANDIC Railroad to Oak Crest Hill Road. It then follows Oak Crest Hill Road along the east side of the roadway to Izaak Walton Road where it will continue along the north side of Izaak Walton Road to the City limits. This project will supply water service to a new industrial site at the intersection of Oak Crest Hill Road and Izaak Walton Rd. The new industry, owned by County Materials Corporation, will manufacture concrete pipe at this proposed location within the City limits. The project would also allow properties within the 7,000 foot extension area the prospect to connect to city water. Construction of the proposed water main extension is estimated at $660,000 and will be paid for with water revenues. The current schedule is as follows: Set Public Hearin Public Hearin Bid Date Construction 8/21/2007 9/4/2007 9/18/2007 10/9/2007 F all/Winter 2007 Property acquisition will involve crossing permits from CRANDIC Railroad and if desired by Croell Redi Mix, a permanent easement for a hydrant and future water main connection. Discussions are still underway with Croell Redi Mix. If they are not interested in granting an easement, it will not be included in this project. /'IA:~ 081~~7 J Prepared by: Brian Boelk, Civil Engineer, 410 E, Washington SI., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 07-2'17 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST CONSULTANT SUPPLEMENTAL AGREEMENT NUMBER 1 TO THE AGREEMENT DATED JUNE 27, 2006, BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE McCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT. WHEREAS, the City of Iowa City desires to construct a bridge crossing the Iowa River as part of the McCollister Boulevard project; and WHEREAS, the CITY is required to relocate mussels in the Iowa River within the construction limits outlined in the McCollister Boulevard Bridge construction documents; and WHEREAS, the mussel relocation is based on the Mussel Survey completed on September 9, 2006 and the subsequent coordination with the Iowa Department of Natural Resources; and WHEREAS, the CITY approved the original Consultant Agreement dated June 27, 2006, with Howard R. Green Company to prepare preliminary and final design for construction of the McCollister Boulevard Iowa River Bridge Project, but it does not include services to relocate the mussels; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Supplemental Agreement #1 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 Supplemental Agreement #1 in triplicate. Passed and approved this 21st G2:S( '_2j7~ MAYOR ATTEST~;) 1(. ~ CIT . LERK Approved by: G--~L . ~ ~~~ ~-('f~CI1 City Attorney's Office Resolution No. Page 2 07-257 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 Howard R. Green Company Project No. 188000J01 McCollister Blvd. over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa CONSULTANT SUPPLEMENTAL AGREEMENT #1 THIS AGREEMENT, made and entered into this 21st day of August ?007 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company, of Cedar Rapids, Iowa, hereinafter referred to as HRG. WHEREAS, the design of a new bridge over the Iowa River on McCollister Boulevard in Iowa City, Iowa approximately one mile south of Iowa Highway 1 has been requested for the purpose of providing traffic congestion relief. The original project dated June 27,2006 was to complete the design of the proposed bridge according to Iowa Department of Transportation and American Association of State Highway and Transportation Officials guidelines. HRG also completed a Mussels Survey of the Iowa River in the vicinity of the proposed structure as suggested by the McCollister Boulevard West Environmental Assessment dated January 2006 as well as coordinate all work with the McCollister Roadway design team. This Supplemental Agreement #1 is to relocate the mussels within the Iowa River impacted by construction of the bridge. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide the additional services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Task 1 - Proiect ManaQement and Administration 1.1 Development of Detailed Work Plan Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. 1.2 Coordination with City Maintain communications with City of Iowa City. Meet with City staff to review progress or to discuss specific elements of the construction project (assume two (2) consultant staff will attend one (1) meeting). Prepare minutes of meetings and keep documentation of other communications. 1.3 Subconsultant Management This project will involve management of a subconsultant for the purpose of Mussel relocation. 1.4 Project Monitoring and Progress Reports Maintain the system for monitoring progress and expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports outlining the following: · Activities during the reporting period and activities planned for the following month, · Problems encountered and recommended solutions, and . Overall status. C:\Documents and Settings\dmaxweI\Desktop\SOS-080107-McCollister Blvd SA1v3.doc Howard R. Green Company Project No, 188000J01 McCollister Blvd, over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa Task 2 - Mussel Relocation Survey HRG will delineate the region for the mussel relocation to be performed as outlined in the McCollister Boulevard Bridge construction documents. This delineation will be coordinated with the subconsultant. A portion of the survey will require installing small floats in the river. It is estimated that four (4) floats will be required. Additionally, stakes will be set on the riverbanks at the corners of the region. Task 3 - Mussel Relocation The mussel relocation will be performed by Malacological Consultants. Based on the Mussel Survey completed on September 9, 2006 and the subsequent coordination with the Iowa Department of Natural Resources (IDNR), relocation of the mussels in the Iowa River is required within the construction limits outlined in the McCollister Boulevard Bridge construction documents. The Mussel Relocation will include the following as outlined in the IDNR Sovereign Lands Construction Permit: · Relocate all mussels from the areas to be disturbed by construction of the bridge. This includes the piers and causeways. The DNR field staff will provide the relocation sites. Individual marking of all T and E mussels should be done for all that are relocated. Relocation to be completed by the end of September if the construction is to start in late fall. · All deer toe, fawns foot, mucket, monkey face, and pink heelsplitter mussels are to be marked (80% with a color coded epoxy mark and 20% with VI bee tags) and length and width measurements recorded. IDNR Fisheries staff will supervise or relocate these species. · Store fuel and oil away from the river to minimize problems from any spills. Mussel relocation will be coordinated with IDNR. This task is anticipated to take six (6) full days and to be completed before the end of September 2007. The relocation work will start on or about September 7,2007, weather permitting. This work can not be done during electrical storms, or in water temperatures below 40 degrees and air temperatures below 32 degrees. It is anticipated that the mussels will be relocated north of 1-80 on the Iowa River. Proiect Exclusions This Supplemental Agreement #1 does not include: · Construction Administration services or shop drawing review · On site inspection of the project during construction · Review of construction methods for adherence to applicable permits (401/404) · As-built plans of the constructed project · Utility Coordination · Public Involvement · FEMA Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) C:IDocuments and SettingsldmaxweIlDesktopISOS-080107-McCoIlister Blvd SA 1 v3.doc Howard R, Green Company Project No, 188000J01 McCollister Blvd, over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa II. Time of Completion HRG shall complete the following phases of the Project in accordance with the schedule shown. Mussel Relocation: September 30, 2007 III. GENERAL TERMS HRG shall conform to all the general terms outlined in Section III of the original agreement dated June 27, 2006. IV. COMPENSATION FOR SERVICES HRG shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement. The total compensation for this Supplemental Agreement #1 shall not exceed $62,984. The approximate cost for each task is as follows: Task 1: Project Management and Administration Task 2: Mussel Relocation Survey Task 3: Mussel Relocation $ 5,902 $ 3,023 $ 54,059 (Subconsultant) Total: $ 62,984 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. ::RTr:L- U~ By: V, <--.J) ',9 ~< ~;} " +- ~(,- r~ 'l Title: Mayor Title: Da~: August 21. 2007 ATTEST:~ ...J! ~~ Citylerk Date: Approved by: ~ City Attorney's Office ~ - 1 <..{--o 1- Date C:\Documents and Settings\dmaxweI\Desktop\SOS-080107-McCollister Blvd SA 1 v3,doc HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET PROJECT NAME: McCollister Blvd, Bridae - Mussel Relocation PROJECT NUMBER: 188000J01 (SA#1) CLIENT: Iowa City CLIENT CONTACT: Brian Boelk PROJECT MANAGER: David Maxwell TOTAL HOURS 1 I 30 2 I 2 16 I 4 % OF TOTAL COST 0.3% I 7,7% I I 0.4% I I 0.4% I 3.8% I 0,4% REG 2PER SR SR SR SR W/GPS PROJ PROJ TECH PROJ, LAND OR ADM Task DESCRIPTION OF TASK PIC MGR ARCH ADV ARCH. SURV ROB ASST 1 PROJECT MANAGEMENT AND ADMIN 1 29 - 2 . - 4 2 MUSSEL RELOCATION SURVEY - 1 . - . 2 16 . 3 MUSSEL SURVEY (Malacological) - . . - - . . Staff Classification Legend PIC - Principal in Charge SR PROJ MGR - Senior Project Manager SR PROJ ARCH - Senior Project Architect SR TECH ADV - Senior Technical Advisor PROJ ARCH - Project Architect REG SR LAND SURV - Registered Senior land Sureyor 2 PER W/GPS OR ROB - 2 Person Survey Crew with GPS ADM ASST - Administrative Assistant O:\proj\521260PIWP-Q80107-McCoIlister SA 1 ,xis 11 Howard R. Green Company Project No. 188000J01 McCollister Blvd, over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa (' CONSULTANT SUPPLEMENTAL AGREEMENT #1 THIS AGREEMENT, made~nd entered into this day of , , by and bet~een the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company, of Cedar Rapids, Iowa, hereinafter referred to as HRG. . WHEREAS, the design of a new bridge over the Iowa River on McColHster Boulevard in Iowa City, Iowa approximately one mile sOLlth of Iowa Highway 1 has been req~sted for the purpose of providing traffic congestion reliet The original project dated June ?1, 2006 was to complete the design of the proposed bridge acCording to Iowa Department of llansportation and American Association of State Highway and Transportation Officials guid~nes. HRG also completed a Mussels Survey of the Iowa River in the vicinity of the propos~ structure as suggested by the McCollister Boulevard West Envirdnmental Assessment dated January 2006 as well as coordinate all work with the McCollister Road~ay design team. This Supplemental Agreement #1 is to relocate the mussels within the Iowa. River impacted by ponstruction of the bridge. ! . NOW THEREFORE, it is agreed by ~nd between the parties hereto that the City does now contract with the Consultant to provide the additional service~{as set forth herein. ~." I. SCOPE OF SERVICES Consultant agrees to perform the follo'-'ting s~l'Vices for the City, and to do so in a timely and satisfactory manner. \ , \ I, Task 1 - Proiect ManaQement and\Administration i 1.1 Development of Detailed Work Pla~ Prepare a detailed work plan with specifi~ staff assignments, by task, corresponding to the schedule. \ 1.2 Coordination with City \ Maintain communications with City of Iowa ~ity. Meet with City staff to review progress or to discuss specific elements of the construction\,project (assume two (2) consultant staff will attend one (1) meeting). Prepare minutes of meetin~ and keep documentation of other communications. \ '\ 1.3 Subconsultant Management \ This project will involve management of a subcdrsultant for the purpose of Mussel relocation. 1.4 Project Monitoring and Progress Reports \ Maintain the system for monitoring progress and e\<penditures to allow monthly tracking by task. Prepare and submit monthly progress reports outliri\ng the following: . Activities during the reporting period and acti\ities planned for the following month, . Problems encountered and recommended sol~tions, and . Overall status. \ C:IDocuments and SettingsldmaxweIlDesktopISOS-080107-McCollister Blvd SA 1v3,doc Howard R. Green Company Project No. 188000J01 McCollister Blvd, over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa Task 2 - Mussel Relocation Survey HRG will delineate the region for the mussel relocation to be performed as outlined in the McCollister Boulevard Bridge construction documents. This delineation will be coordinated with the subconsultant. A portion of the survey will require installing small floats in the river. It is estimated that four (4) floats will be required. Additionally, stakes will be set on the riverbanks at the corners of the region. Task 3 - Mussel Relocation ('-...- . The mussel relocation will be performef by Malacological Consult~nts. I I , i , I Based on the Mussel Survey compleled on September 9, 2006 tmd the subsequent coordination with the Iowa Department of Natural ij.esources (IDNR), relocatiqh of the mussels in the Iowa River is required within the construction Iirrjits outlined in the McCoUiSter Boulevard Bridge construction documents. The Mussel Relocation Will include the following as outlined in the IDNR Sovereign Lands Construction Permit: 1 .. . I Relocate all mussels from the ~reas to be disturbed by construction of the bridge. This includes the piers and causewc\Ys. The DNR fieldstaff will provide the relocation sites. Individual marking of all T and a mussels should be done for all that are relocated. Relocation to be completed by t~e end of September if the construction is to start in late fall. All deer toe, fawns foot, mucket, ~onkey face, and pink heelsplitter mussels are to be marked (80% with a color coded~OXY mark and 20% with VI bee tags) and length and widt~ measurements recorded. I R Fisheries staff will supervise or relocate these species. Store fuel and oil away from the riv r to minimize problems from any spills. . . Mussel relocation will be coordinated with I R. This task is anticipated to take six (6) full days and to be completed before the end of Septe ber 2007. The relocation work will start on or about September 7,2007, weather permitting. This ork can not be done during electrical storms, or in water temperatures below 40 degrees and air mperatures below 32 degrees. It is anticipated that the mussels will be relocated north of 1-80 0(1 the Iowa River. \ \ , \ \ This Supplemental Agreement #1 does not include:', · Construction Administration services or shop drawing review · On site inspection of the project during constructton · Review of construction methods for adherence to-applicable permits (401/404) · As-built plans of the constructed project · Utility Coordination · Public Involvement · FEMA Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) Proiect Exclusions C:\Documents and SettingsldmaxweIlDesktopISOS-080107-McCollister Blvd SA 1 v3,doc Howard R. Green Company Project No. 188000J01 McCollister Blvd. over Iowa River Supplemental Agreement #1 - Mussel Relocation Iowa City, Iowa II. Time of Completion HRG shall complete the following phases of the Project in accordance with the schedule shown. Mussel Relocation: September 30, 2007 III. GENERAL TERMS HRG shall confonn to all the general tenn~?,l(;~~~~n Section III )lhe original agreement dated June 27, 2006. I 7 / I I .I IV. COMPENSATION FOR SERVI9ES // HRG shall be compensated for actual sbrvices performed, in~l'~ding direct costs, as identified in Part I of this Agreement. The total compen~ation for this Suppfemental Agreement #1 shall not exceed $62,984. The approximate cost for each\lask is as follows: Task 1: Project Management and \~dministratioIY' Task 2: Mussel Relocation Survey\ Task 3: Mussel Relocation . " $ 5,902 $ 3,023 $ 54,059 (Subconsultant) Total: $ 62,984 t.' V. MISCELLANEOUS , ; \ A. \ \ All provisions of the Agreement snail be reconciled in accordance with the generally accepted standards of the Engine~ing Profession. \ It is further agreed that there are n~ other considerations or monies contingent upon or resulting from the execution of thi\; Agreement, that it is the entire Agreement, and that no other monies or consideration~ have been solicited. \ \ \ B. FOR THE CITY Title: \ B~ 'j \ Titls.; \If <--~ '.9 ~< ~:> " +- ~(,- r~ ~ By: Date: Date: \ ATTEST: Approved by: ~ City Attorney's Office 8" - 1 <-f -0 7- L Date C:\Documents and Settings\dmaxwel\Desktop\SOS-080107-McCollister Blvd SA1v3,doc ///........ HOWARD R. GREEN COMPANY: ~10JECT BUDGETING W::iHEET PROJECT NAME: McCollister Blvd. Bridoe - Mussel Relocati PROJECT NUMBER: 188000J01 (SA#1) 1 CLIENT: Iowa City i CLIENT CONTACT: Brian Boelk I PROJECT MANAGER: David Maxwell 'i \ i TOTAL HOURS 1 30 I I i 2 I I 2/ 16 I 4 % OF TOTAL COST ; 0,3% 7.7% 1 I .lJ.4% I I 0.4% I 3.8% / 0.4% " REG 2PER SR SR SR SR WI GPS PROJ PROJ TECH PROJ. LAND OR ADM Task DESCRIPTION OF TASK \ PIC MGR ARCH ADV ARCH. SURV ROB ASST ! \ 1 PROJECT MANAGEMENT AND ADMIN \ 1 29 . 2 . . 4 \ 2 MUSSEL RELOCATION SURVEY \ - 1 - - - 2 16 - \ 3 MUSSEL SURVEY (Malacological) \ - - - - - - - \ \ \ Staff Classification Legend \ PIC - Principal in Charge SR PROJ MGR - Senior Project Manager 1\ SR PROJ ARCH - Senior Project Architect \ SR TECH ADV - Senior Technical Advisor ~\ PROJ ARCH - Proiect Architect \ REG SR LAND SURV - Registered Senior land Sureyor \ 2 PER W/GPS OR ROB - 2 Person Survey Crew with GPS ADM ASST - Administrative Assistant '. \ ". 1\ .. '" '. ,.... / t- O:lprojI521260PIWP.OB01 07 -McCollister SA 1 ,xis M+J ~ ---l!LI Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 07-258 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF- WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Johnson County, Iowa has installed a buried conduit system containing a fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, the City of Iowa City desires to enter into an agreement with Johnson County, Iowa providing for the continued use of the public right-of-way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into an agreement with Johnson County, Iowa concerning the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and Johnson County, Iowa to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Johnson County, Iowa's expense. Passed and approved this . 21 s t day ot2:st C) MAYOR - ,2007. ATTEST ~,f. ~ CIT LERK Approved by k~.1r~vV City Attorney's Office r(I'Ir~7 Resolution No. Page 2 07-258 It was moved by Champion and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AN AGREEMENT BETWEEN THE CITY Of IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA fOR USE Of PUBLIC RIGHTS-Of-WAY fOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION 1. DEFINmONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public-owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean Johnson County, Iowa and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibits A, B & C hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under publiC property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference with a publiC improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the 1 issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NE1WORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In 'making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUmNG OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDmONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cauSe the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECITON 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. 5 SECTION 17. DEliVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: Chairperson - Board of Supervisors Johnson County, Iowa 913 S. Dubuque Street Suite #201 Iowa City, IA 52246 Provided, however, that in case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. Dated this ?1 ~f"day of August ,2007. CITY OF IOWA CITY ~CJ~~.- Ross Wilburn, Mayor JOHNSON COUNTY, IOWA By: Attest: )1~ ~ ~ City rk .-----r-- (1 /~,)~O ATTEST: fk:J ~~ Ir:z?3 County Auditor Approved by: ArCt ~ ,4w-U7ti-!Z/" S!c.:j7 City Attorney's Office 6 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) sf' On this dL day of ~0USI . 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. 07- .)5 ~ and passed by the City Council, on the ;;)./ S1- day of A.uJ:.u..S".- . 2007, and that Ross Wilburn and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT ~ Commission ~u!TIber 1~9791 . . My Commission Ires ow ~OO ~~ F;r6 Notary Public in and for the State of Iowa My commission expires: 3/7/<:1009 I I NElWORK ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this r day of Au~ t- . 2007, before me, t e undersigned, a Notary Public in and for said County, in said State, personally appeared r. 'ct: to me personally known, who being be me duly sworn, did say that they are the Chairma of the Board of Supervisors of the County of Johnson, State of Iowa, executing the foregoing instrument; that the seal affixed thereto is the seal of said county; that said instrument was signed and sealed on b~alf of said County by authority of its Board of Supervisors; and that the said fft..nu't-k /-Ict,. ~ acknowledged that execution of said instrument to be the voluntary act and deed of s Id county and by them VOlunta~IY exec ,~ ,_ ~ tary Public in and for the State of Iowa y commission expires: tlu~ ~ ~ ::2Vv 8"" U:\PW\STAFF\Kim J\ROW Agreements\Temporary - Fixed\Fiber Optic\]ohnson County.doc 7 lif go ..51l e ~ ~ C) f II ,~ J.l E!:! -B .5 =!G :'E ... - ;;.:~ ~,g ... .~ Zc -'" ~E sc9 C~[CK[D IIlII II I; I I a I ~ J o 8 ell ! 0:1 III 0.'" 03114/07 woo .. l;.,.",,'o;\-- A ,. -q;- "t. ~_" , " .' \ ~ }".. ~ "'" 4....~. 'Y~ · ."'~' ~Q.""~ R"t. ~ '. 1 .~~. ~."".ilI..'. . .~ ~. - - ~II iV- . . 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J.'., \; Lt "ll(f/~G..,'f,el(1{;1181"i~f Ltt~JI. .' .:'j r I "t, :J '.. . / I I ,/a · J _,II' . -... 'J,or I ! ~ a I ~ J o 8 ~iJ Iii OoIT[ 1>>/1.'" ORA'" oM Ei 't\ib\ -\- G I Copltol SlreII 11= :~ eoc 011 t UtIlity polt ms ms t Stcrm Inld t U1J1lty polt - concl'lW ,ncaIId ot polt [all td9' of retalnlng 1101 EOS ms a gal lint 011 water Une rioter valve ... "'f !I ...... S8 ~z ~-1!" .,. II!'I "' 7 7~ r'-.. I of 1 ~ ~ SHEn 1 PARTIAL PLAN FOR PURPOSE OF APPLICATION FOR ROW OCCUPANCY WITH CITY OF IOWA CITY '1'!! I . ......... --~~...... 10UTSIDE PLANT OPTICAL FIBER ROUTE JCHI80N COUNTY COURTHOUSE TO JCHI80N COUNTY SH:RFF BLOO. IOM.8 ... . . \. JO AN AGREEMENT BETWEEN THE CITY Of IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA fOR USE Of PUBLIC RIGHTS-Of-WAY fOR THE INSTALLATION, OPERATION AND MAINJENANCE Of A fIBER OPTIC NETWORK. ,/.....~,"""'" SEmON 1. DEFINmo S a. "City" shall mean the City of Iowa City, Iowa and, include its officers, employee and agents. \ b. "Public Improveme~ts" shall mean any publicly owned mprovements on public property, including but not Ii~ited to paving, sidewalks, grass, v etation, trees, street lights, traffic signals, water main~ sewers, electrical transmission Ii es and equipment related thereto, cable and telephone Il(les and equipment related there o. c. "Public Property" shal mean public-owned or co. trolled public land and rights-of-way, easements, bridges, par squares and commons. / / d. "Network" shall mean Joh son County, Iowa anlshall include equipment owned, operated, leased, or subleased in c nection with the pperation of the network, and shall include cables, underground condu , handholes, va,l:ilts, fiber optic cables, overhead transmission lines and other overhead cab and lines. ! SEmON 2. BASIC GRANT Network is hereby granted a license 0 cor;itruct, maintain, inspect, protect, repair, replace and retain communications system in, un er, ,upon, along and across the public property shown and identified in Exhibits A, B & C hereto,b]ect to the regulatory powers of the City and subject to the conditions herinafter set forth. . SEmON 3. INSTALLATION, REPAI,R, E ENSION OR EXPANSION OF THE NElWORK l Before commencing any extensiqn or expa sion of its system, or any major repair work or the installation of any new systel'Jl in the Ci , the Network shall file with the Public Works Department of the City a wri~n statement rifying the public property under which or upon which the Network proposes,to extend, expa d, install or repair its system. The Director of Public Works may require ,the statement be companied by a map, plan or specifications showing the proposed loc~tion of the system co onents with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of tlle ground proposed for rep ir or installation. If the proposed locations of any facilities shall il1terfere with the reasonable a proper use, construction, reconstruction and maintenance of/any public improvements or any xisting City-owned public utility system component, or othE1 structure upon or under public pro rty, the Director of Public Works shall, within reasonable/time after the filing of such plan, ma or specifications, note the changes necessary to eli.rr1inate interference with a public improv~ent or existing City-owned public utility system fpdlity and refer the same back to the Networ~\for amendment. Any such review, approval or o/l1endment shall remain subject to the provisions in Section 8 herein. Such map, plan, or sPEj6fications, when properly changed and corrected, shall be filed in the Public Works Departmeryt; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the 1 issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NElWORK \ \ In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uni orm Traffic Control Devices. All pavement taken up or damaged shall be properly and spe ily replaced in accordance with the City's regulations, City's Municipal Design Standards nd Standard Construction Specifications, and warranted for a period of five (5) years. As a ondition to the use of public property, the Network shall, at its own expense, repair or cause pair to any private property public utility system component, public improvement or public prQperty damaged by s~ch location, construction, reconstruction, replacement or repair work. If\the Network fails to repair or arrange with the City for the proper repair of any public prop~rty after excavations have been made, and after thirty days notice in writing to do so given tei. its designated representative, then the City may make such repairs at the expense of the Netw~rk. \ SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repai replacement, and maintenance of wires, lines or other system components associated with t Network. In 'making such excavations, the Network shall obtain a permit pursuant to Ci Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, a eys or public places, shall provide the Public Works Director with twenty-four (24) hours notic prior to the actual commencement of the work, and shall comply with all City provisions, requ ements and regulations in performing such work. However, three (3) day notice shall be pr vided to the Public Works Director for any work requiring a street closure or detour. In eme gencies which require immediate excavation, the Network may proceed with the work without fi t applying for or obtaining the permit, provided, however, that the Network shall apply for a obtain the permit as soon as possible after commencing such emergency work. Excavation shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails comply with the provisions of this Section, the City may repair or restore the public property to condition as good as the condition of the property prior to the di~turbance by the Network. lfhe Network shall pay the costs of such repair or restoration. ' The Network shall pay to the ity its costs and charges for such work within sixty (60) days ,after receipt of the City's billing. I SECTION 6. WORK BY OTHERS, CONSTRUCTION BY BUffiNG OWNERS, ALTERATION TO CONFORM WITH pUBLIC IMPROVEMENTS ;/ ,.- The City resytVes the right to lay, and permit to be laid, ires, pipes, cables, conduits, ducts, manholes aCd .other appurtenances, and to do, or permit 0 be done, any underground and overhead installation of improvement that may be deemed n cessa,.y or proper by the City in, across, along, over or under any public property occupied by he Network, and to change any 2 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. ,...~' / / SECTION 7. NETWORK CONtcrORS The requirements of this agr ment shall apply to all persons, fir s or corporations performing work for the Network under contract, subcontract, time and aterials arrangement or other type of work order. \ '\ SECTION 8. CONDmONS OF StREET OCCUPANCY The fiber optic cable systems an~ other components of he facilities erected by the Network within the City shall conform to e~a. blished grades of ~reets, alleys and sidewalks, and be so located as to cause minimum interference with the rigt)ts or reasonable convenience of property , ' owners who adjoin public property. \ / \. / The Network shall conduct its work h~eunder in ,,Such manner as to cause as little interference as possible with pedestrian and vehicular traffic'i8nd shall abide by scheduling directions, if any, given by the Director of Public Works. \ \ . The Network shall, upon reasonable notice\.a 9tnd at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under p6plic property in such manner as the City may at any time require for the purpose of facilitating t construction, reconstruction, maintenance, repair or change in grade of any public improveme on, in or about any such publiC property, for the purposes of facilitating the vacation and/or re evelopment of public property or public right-of- way by the City. In the event the Network fal to act within a reasonably allocated time, the City may cause the Network facilities to be re cated, and the costs thereof shall be to the Network and shall be paid as provided in Sectl n 5 hereof. Claims for delay of work from contractors employed by the City that are a esult of Network's failure to act within a reasonable time shall be the responsibility of the N ork. In the case of Public Works projects, reasonable time shall be defined as the six week pe ad from the date of the public hearing. The Network shall not place its facilities in the pubh property where the same will interfere with the normal use or maintenance of any public i rovement, including but not limited to streets, alleys sidewalks, traffic control devices, sanita sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public ility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any pubh utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Networ shall not place identification signs within the public right-of-way. \ . \ Upon request, the Network agrees to assist in locating under9found facilities which are part of its system. Such .assistance will be provided in a timely mannerJ but not more than forty-eight (48) hours after ,the time of request. As a condition of this agre~ment the Network shall enroll as a member of,the "Iowa One-Call System" and shall respond tci',all requests and notifications placed to the t~lI-free "One-Call" number. . /.. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace 3 surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILmES The Network shall notify the when facilities are to be a andoned. The Network shall remove manholes, hand holes, aults, overhead facilities and eq ipment related hereto from the right-of-way as required in conjunction with other righ -of-way repair, excavation or construction unless this requir ment is waived by the Director f Public Works. SECTION 10. POWERS OF C Nothing in this agreement shall b construed to abridge e right or power of the City to make further regulations relative to the l\se of the streets, all s and public property by anyone using the same for the installation and r1\aintenance of utili systems, including, but not limited to, fees for use of public property. Any\~uch further re lations shall apply to Network and to this agreement.! . I SEmON 11. PLANS AND COORDINA ON I . Upon completion of the work, the Netwo . sh,H' promptly furnish to the City copies of "as-built" plans related to its facilities located on pub~ic ,.,roperty. \; t The Network shall keep complete and ~c;curate maps and records of the locations and operations of its facilities including bufie abandoned facilities, in connection with this t / agreemen . / i i SECTION 12. VIOLATIONS OF AGREEtyfENT / " Upon evidence being received by the City that violation or breach of this agreement is occurring or has occurred or that/a violation of des or ordinances lawfully regulating the Network in the operation of its /facilities or the m~. nner of use of public property either is occurring or has occurred (her~inafter referred to \ s a "default"), the City shall cause an investigation to be made. If th€ City finds that a det' . It exists or has occurred, the City may take appropriate steps to secu,le compliance with the t\ ~ms of this agreement or the codes or ordinances.' \ The City shall give written nbtice to the Network of the defa\ult, and the Network shall cure such default within thirty (30) 98lendar days after receipt of such, notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete/such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating t;he Network in the operation of its facilities is an immediate danger to public health, safety or \Y'elfare and requires immediate action, the City may provide written notice of said determinatiqtl to Network and immediately remedy the default by doing the act itself, or through a contrfttor, and charge the costs of such work to the Network. 4 If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the efault by doing the act itself, or through a contractor, and charge the costs of such ork to the Network; or iii. seek damages 0 uch default; or iv. any combination 0 i), (ii) and (iii). SECTION 13. UABILIlY, INDE NIFICATION AND INSURANCE The Network covenants to inde nify, defend and save the City and its officers, agents and employees, harmless from any an all damages arising directly from the exercise of the rights granted herein. The Network ag ees to require contractors and subcontractors engaged in work for the Network within the p blic right-of-way or public property to maintain insurance coverage during the term of their ork and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILIlY In the event a court of competent jurisd ion shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by t Network in any matter or thing herein contained, such invalidity, illegality or change shall b deemed severable and shall in no way affect the remaining provisions of this agreement or- eir validity or legality and this agreement in all other respects shall continue in full force an effect as if said provision or provisions had not been so adjudged invalid or illegal, or such cha ge had not been directed. At the City's option, and upon a court's ruling of invalidity or iIIega .~, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT / Neither party shall assign or o~erwise transfer this a eement or any of its rights and interest to any firm, corporation or individual, without the prior ritten consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACA ON OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon t irty (30) days notice provided to Network, if the City determines that the property or publiC ri t-of-way is needed for a public purpose and should be cleared of any and all obstructions. Wh not in conflict with other City purpose, need or us~, as long as the Network exercises the righ granted to it hereunder, the City will not, by orc;>>nance or otherwise, vacate any street, alley 0 public property in which the Network has insta,Jfed its facilities without reserving such rights as cessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that' ri>thing herein shall limit the City's right to require the Network to relocate its facilities as prqvided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly rovided herein, any notices hereunder shall be in writing and shall be delivered via certified ail and addressed as foltpws, unless indicated otherwise in the fu~re: \ If to City: Pu ic Works Director City ~ Iowa City City all 410 E. Washington Street Iowa "ty, IA 52240 If to Network: Chairpe on - Board of Sup rvisors Johnson ounty, Iowa 913 S. Du uque Street Suite #20 ' Iowa City, 52246 / I " i , Provided, however, that in case of an mergericy, notices may be given verbally to the above- named persons. In such case, writte conftfmation should be provided. Nothing contained herein shall prevent other forms of not e if actually received by addressee. Notice shall be deemed given on date of mailing in case fcertified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the John n County Recorder's Office, at Network expense. Dated this _ day of OHNSON COUNTY, IOWA CITY OF IOWA CITY Ross Wilburn, Mayor Attest: \ \ \ \ City Clerk Approved by: ~tII .~ AL4'/Wl~ Sh~/o7 City Attorney's Office \ \. 6 , .' '. CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) 55: JOHNSON COUNTY ) On this _ day of Oi;-before me,the undersigned, a Notary Public in and for the State of Iowa, personall ppeared Ross Wilburn'{lnd Marian K. Karr, to me personally known, and, who, being by duly sworn, did say thatVhey are the Mayor and City Clerk, respectively, of said municipal orporation executing the with\n and foregoing instrument; that the seal affixed thereto is the se of said municipal corporation; \that said instrument was signed and sealed on behalf of said corp ration by authority of its City C uncil, as contained in Resolution No. and passed y the City Council, on the day of , 2007, and that Ross Wilburn and arian K. Karr acknowledged th execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. J \ 'I \ \ Notary Publi in and for the State of Iowa l \ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) '\ \ \ I ~ElWORK ACKNOyv/LEDGMENT \ / \ ! ; i , " /' /' I I c...-- tary P blic in and for the State of Iowa \ . y commisSjon expires: flu~ f-- ~ 2Vv 8"'" \ , \ \ / \ / \ u:\PW\STAFF\Kim J\ROW Agreeme~ts\Temporary - Fixed\Fiber Optic\]ohnson Coun~.doc [ \ 7 ~ : 8 ' ,I I II I ~. i ! I I,], "'"II I"'. ~ ....ll'lf e I ~ :,lil I 'v J ' I~ 6: Ii Ill!<iJ' =~I Q ,-- Illillll I I' ~ el l 188[ r~;'l.m I ] I Ci>>"~ ! c"[tVC~ ' r" Ii - I I nl ...! '12 ' I; q~ I l~ iiI ]1 I""" 11 of 1 t:~h,b:\- A ~. '" -.--...-..-- PARTIAL PLAN FOR PUP08E OF APPLICATION FOR ROW OCCUPANCY WITH CITY OF IOWA CITY ~.,. "~.~ 11~~~ ~~JOtNION COIMTY C<XmHOUSE --- , I Ii 8 II IF: II ,i g- s"d 2 I !~.~H C.? ! ~ li'l!l,~ I~ 8i ~ leBI! 2! 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I 'J' ~ !ii~ t(. ....',...>..! e i~i~ ~ ~ 1:'1'1 ~ ~ 81 i !~"I..I ;:i , ,.. 'E ~~ I':. ~j ~! ' IZ.!:l !ZS I: i ~ ! _u ils Ii! -;";:e, .. '~,~ ~iI!f,l , l i ~ f ~ a ~ i r i; IIl!ril!.t ~~~~~~ i~i ~ ~ 1 + "" i~ if-K i[ ~~ , t l . ~~~~ ;'~?;';' e1S~~~ "" [ r ill t=-;. \1i'oi-\- G ~----~ Nr*! :;2/ Prepared by: Eleanor Dilkes, City Attorney, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-259 RESOLUTION REPEALING RESOLUTION NO. 97-112 AND ESTABLISHING POLICY FOR PAYROLL DEDUCTIONS FOR CHARITABLE ORGANIZATIONS WHEREAS, City Council Resolution No. 97-112 established an administrative policy for payroll deductions by charitable organizations; and WHEREAS, said policy required, in part, that the charitable organization or the agencies or organizations to which the charitable organization provides funds, provide all or substantially all of the organizations' services to individuals and/or families in Johnson County, Iowa; and WHEREAS, in 2006 the Iowa State Code was amended to include Section 70A.15A, which addresses charitable giving payroll deduction by city employees; and WHEREAS, Section 70A.15A does not require that a city authorize payroll deductions, but requires that if a city authorizes deductions from the salaries or wages of its employees for payment to any eligible charitable organization, the city shall ensure that an employee shall be permitted to authorize a deduction to any eligible charitable organization as defined therein; and WHEREAS, under Section 70A.15A, in order for an organization to be an "eligible charitable organization" it must be a not-for-profit federation which meets six conditions, including the requirement that it represent at least 10 health and human services, social welfare, or environmental agencies or associations that are located in this state; and WHEREAS, the City's current policy on charitable deductions must be amended in light of Iowa Code Section 70A.15A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 97-1112 is hereby repealed. 2. The City authorizes deductions from the salary or wages of its employees of an amount specified by an employee for payment to an eligible charitable organization as defined in Section 70A.15A of the Iowa Code. 3. Such deductions may include conversion of no less than 3 hours and no more than 24 hours of vacation pay per year. 4, Such payroll deductions may be changed by an employee once a year. 5, The City will distribute fund raising material to its employees for an eligible charitable organization as defined in Section 70A.15A of the Iowa Code once each year. Passed and approved this 21 s t day of &tu~ MAYOR ATTEST ~~ i::. &,) CIT RK ~;Qw City Attorney's Office ~-/g~07 eleanor/reslsec70A,15A.doc Resolution No. Page 7 07-7')Q It was moved by Correia and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ABSTAIN: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X X X X 1 ~ 1 --= -~... !~aii!:~ "~~IIII'~ ....... .. CITY OF IOWA CITY MEMORANDUM ~ ....2l-I Date: August 13, 2007 From: City Council Eleanor Dilkes, City Attorney '1W~ To: Re: Charitable Giving Payroll Deductions by City Employees On your Council agenda of August 21, there is a resolution repealing the City's existing policy for payroll deductions by City employees to charitable organizations and adopting a new policy. The current policy is attached. The policy adopted by the Council in 1997 required that one of the conditions for authorizing a payroll deduction was that the charitable organization or the agencies or organizations to which the charitable organization provides funds, provide all or substantially all of the organizations' services to individuals and/or families in Johnson County, Iowa. In 2006 the Iowa legislature adopted Iowa Code Section 70A.15A. That section does not require a city to authorize payroll deductions for charitable giving, but states that if a city authorizes such deductions it must provide the opportunity for an employee to authorize a payroll deduction for payment to any "eligible charitable organization" as defined in that section. An "eligible charitable organization" is a federation that meets six conditions, including the condition that the federation represent at least 10 health and human services, social welfare, or environmental agencies or associations that are located in the state. Therefore, if the City desires to continue authorizing payroll deductions for United Way, it must continue to do so for other such eligible charitable organizations. One of these organizations is Iowa Shares. It is my understanding from staff's discussions with the University and school district that there is also a federation that meets the qualifications that is called Community Health Charities. Our current arrangement with United Way is to distribute United Way's materials to City employees and collect pledge sheets once each year. In addition to deductions from wages a City employee may convert between 3 and 24 hours of vacation pay to donate to United Way. In my opinion, this vacation pay is a payroll deduction covered by Section 70A.15A of the Code and must be offered to employees who wish to contribute to other eligible charitable organizations if the City continues to offer the opportunity for United Way. Finally, while the State Code section addresses only the payroll deductions and does not require a city to engage in any fund raising activity, the proposed policy does provide that the City will distribute the information of such eligible charitable organizations once a year as it does for United Way. cc: City Manager City Clerk Personnel Administrator eleanor/mem/sec70A.15A.doc 1\"02 bh Prepared by: Dennis Mitchell. Asst. City Attorney, 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5031 RESOLUTION NO. 97 -112 RESOLUTION ESTABLISHING ADMINISTRATIVE POLICY FOR PAYROLL DEDUCTIONS BY CHARITABLE ORGANIZATIONS WHEREAS, the City wishes to establish an administrative policy which is objective, reasonable, and neutral to govern payroll deductions by all charitable organizations in order to conform with federal constitutional law concerning the First Amendment; and WHEREAS, the purpose of establishing restrictions on charitable payroll deductions is for administrative efficiency and to minimize disruption in the work place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1 . It is in the public interest to adopt an objective policy that applies to all charitable organizations, so as to create an even playing field for soliciting employee payroll deductions. 2. The City Council hereby finds the attached Administrative Policy for Charitable Payroll Deductions to be in conformance with federal constitutional guidelines, is appropriate for adoption by this City Council, and is hereby approved and adopted as to both form and content. Passed and approved this 8th day of Apri 1 , 1997. ATTEST: ~.:,~~ ~ 4J CIT CLERK MAYOR ~~~. ~~ Ar;:1: m Mh ;~ '-1-$-7/ City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: X X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef x X X X X dennis.mitliowa-shs/charitab.res 112. "\ c * REVISED 4/8197 Administrative Policy For Charitable Payroll Deductions Adopted by the City Council for the City of Iowa City In order to ease administrative manageability and reduce work place disruption, the organizations which meet the requirements set out below will, upon request to the City Manager, be permitted. to solicit City employees to contribute charitable contributions to their organization through City payroll deductions: 1. The charitable organization is tax exempt under Section 501 (c)(3) of the Internal Revenue Code, and contributions to the organization are deductible under Section 170 of the Internal Revenue Code; and 2. The charitable organization or the agencies or organizations to which the charitable organization provides funds provide all or substantially all of the organization's services to individuals and/or families in Johnson County, Iowa; and 3. The charitable organization is housed or has administrative offices located in Johnson County, Iowa; and 4. The administrative and fundraising expenses of the charitable organization do not exceed twenty percent (20%), and the charitable organization makes public disclosure of the percentage of funds used on administrative and fundraising costs; and 5. The payroll deduction does not impose an undue administrative burden on City employees, and does not create more than a minimal disruption of the work place. * 6. Employees may change their payroll deductions once a year. dennis.miI\lowa-shSlpollcy 1/2. .~. . . 2007 Member Organizations Sharing Our Future Together IOWA SHARES 993 has offered diverse givIng choices since CHOICE: Donors can select specific Iowa Shares' member organizations to support. All designations are honored. Iowa Environmental Council and Practical F arums of Iowa wi receive only designated contributions. Women Women's Resource and Action Center 319.335.1486. www.uiowa.edu/-wrac Combining useful direct service programs with powerfu activism to create social change. We offer counseling. support groups. educational programs. volunteer training. infonnation/referraL intemships and a lending library. the Lives 0 Im rlculture Practical Farmers of Iowa (PFI 515.232.5661 . www.practicalfarmers.org Researching. developing and promoting profitable. ecologically sound community approaches to agriculture. PFlleads in science-based approaches to sustainable agriculture and marketing relationships for family farms Sustainable A Promotin IOWA SHARES member, If you choose not to designate a specific FAIR~ESS contributions are shared by members, RELIABILITY: Eighty-six percent of your contribution directly supports the missions of member organizations. LOCAL CONTROL: Representatives from Iowa-based member organizations make all decisions. Communities throuah the Arts Englert Civic Theatre 319.688.2653 . www.englert.org Serving as a community art center by providing diverse programming, educational opportunities and exposure to the perfonning and visual arts. The Englert enhances the vitality of Iowa City's downtown by preserving its last historic theatre. Enrlchin Women. Food and Agriculture Network (WFAN) 712.243.3264. www.wfan.org Linking and amplifYing women's voices on issues offood systems, sustainable communities and environmental integrity, WFAN works with women in areas ofmentoring, leadership development and intemational networking. .I Support Iowa Shares. Contributions to Iowa Shares are tax deductible. Our members appreciate your contribution Children, brought to Bidwell-Riverside by volunteers from Union Park United Methodist Church, are enjoying a game, Iowa Shares is a statewide coalition of social action, environmental and arts-related nonprofit organizations raising funds through workplace giving. Iowa Shares' members give direct services and create progressive, long- lasting resources for our children and communities. Communities Iowa Physicians for Social Responsibility (IPSR) www.iowa-psr.org Combining the power of a concemed citizenry with the credi- bility of physicians and health care professionals to promote policies protecting us from the threats of nuclear war, global environmental degradation and the epidemic of gun violence Im Iowans for Prevention of Gun Violence (IPGV) 319.743.7823. www.ipgv.org Working toward fact-based prevention strategies, polley changes and public education, IPGV is a statewide, educational organization based in Cedar Rapids that addresses gun violence as a public health problem. (Left to right) Irene Schroeder and Laurie Haag give backup to Nedra Johnson, performing in the Iowa Women's Music Festival Your community Your chOice 50312 Grand Avenue, Des Moines, Iowa Phone/Fax 515.279.5989 info@ iowashares.org www.iowashares.org 4211 Prairie Voices Productions www.prairievoices.net Promoting, encouraging and producing women's music, primarily through the annual Iowa Women's Music Festival, workshops and other concerts. The IWMF is a free event with ive women's music 1486 319.335. ~ ~ Prill/i/lKh.l' Li/lro Craji Prill/i/lK @ ensuring the future of diverse perfonners, ~ ____~K \2);:;;0"-.- Story County Community Housing Corp. 515.292.3676. www.storyhousing.org (SCCHC) Creating and maintaining affordable rental and owner housing, SCCHC is a county-wide, nonprofit corpor- ation, using the unique 'shared equity/community land trust' model. incorporated in 2006 Iowa Shares is proud to belong to two national alternative givmg orgamzations, Community Shares-USA and the National Alliance for ChOice m GIving. www. communitysharesusa.org www.choicemgiving.org Workmg to achieve effective U,S. membership in a strengthened United Nations. we provide public programs and study groups. support youth programs such as Model U.N., and co-sponsor the removal of mines. Iowa Recycling Association 515.265.1596 . www.iowarecycles.org Working toward a healthy environment and economy in schools, workplaces and communities, we promote waste reduction. reuse, recycling and composting. Home Recycling Exchange 515.282-9296. www.homerecycling.org Raising the standards of living for low-income people by recycling and donating housing materials to low- income families and housing agencies. HRE diverts materials from landfills, thus helping the environment Linn County United Nations Association 319.377.0889 Johnson County Humane Society 319.338.3357 . www.johnsoncountyhumain.org Helping people in the Johnson County area and beyond, care for their animals through spaying/neutering. rescue, foster care/adoption, feral cat colony manage- ment, a pet food bank and emergency interventions. Iowa Environmental Council 5 I 5.244.1194 . www.iaenvironment.org Working together with a statewide alliance of many organizations and individuals, the Council is building a sustainable future of natural resources for Iowa. Habitat for Humanity, Iowa Valley (HFHIV) 319.337.8949 . www.ivhfb.org Providing affordable housing, HFHIV produces simple, decent houses for working low-income families. Families and volunteers provide most of the labor, and homes are sold at cost with interest-free mortgages. Iowa United Nations Association 319.337.7290 . www.unaiowa.org Providing grassroots discussion of international issues affecting Iowans such as world health, human rights and the environment, we include educational programs for youth through adults on United Nations Johnson County neuters,., fosters. Environmental Advocates. 319. 351.6391 www.environmental-advocates.org Promoting responsible citizen action by raising local awareness about issues such as safe water, wetland restoration and recycling. We believe a sustainable environment is necessary for future generations It takes team work to build a Habitat lome, Amnesty International oflowa . 515.244-3971 Working to secure the principles of human rights espoused in the Universal Declaration of Human Rights through education and public advocacy Humane Society rescues... spays/ finds homes,.. saves lives ROIsm Bidwell-Riverside Center. 515.244.6251 Responding to community needs, we provide Early Childhood Development, emergency food pantry, free used clothing, help for homeless women and children, a community garden, life-skills and holiday sharing Environmental Awareness Amnesty Intel11ational of Iowa members are staffing an information table at the Des Moines Farmer's Market. Animal Protection Society of Iowa 515.266.2005 www.animal protectio nsocietyofiowa.org (APS I) Working with low-income pet owners and concerned citizens to stop the euthanasia of thousands of unwanted cats and dogs each year, APSI works with pet owners and veterinarians at a reduced cost. Su &I IOWA SHARES Children and Fam 2007 Member Organizations es Providin and Shelter . . Workin ust Soclet Promotin Anima WelTare I!d:) l, ~ ~ Prepared by: Susan Dulek, Ass't. City Attorney, 410 E, Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 07-260 RESOLUTION RESCINDING RESOLUTION NO. 06-364 DELEGATING RESPONSIBILITY TO PARTICULAR PERSONS HOLDING SPECIFIED POSITIONS TO IMPLEMENT THE REQUIREMENTS OF CHAPTER 22, IOWA'S PUBLIC RECORDS STATUTE, AND ADOPTING A PUBLIC RECORDS POLICY. WHEREAS, Iowa Code S 22.1 (2) provides that each governmental body shall delegate to particular officials and employees the responsibility for implementing the requirements of Chapter 22 and that the governmental body shall publicly announce the particular officials or employees to whom responsibility to implement the requirements of Chapter 22 has been delegated; WHEREAS, Iowa Code S 22.1 (2) defines public records" as "all records, documents, tape, or other information stored or preserved in any medium, or belonging" to the City of Iowa City; WHEREAS, Iowa Code S 22.3 allows the lawful custodian of the records to adopt and enforce reasonable rules regarding the work and the protections of the records against damage or disorganization; WHEREAS, Iowa Code S 22.3 provides that all expenses shall be paid by the person desiring to copy or examine the records, that the City may charge a reasonable fee for supervising the examination of the records and the cost of the photocopying; WHEREAS, Iowa Code S 22.3A allows the public certain access to data stored electronically; WHEREAS, it is in the best interest of the public and City staff to have a single, uniform policy applicable to all City offices and departments; WHEREAS, Resolution No. 06-364 adopted the Public Records Policy of the City of Iowa City and designated certain City staff to implement said policy; WHEREAS, said policy needs to be amended to provide for a fee for the City Attorney to review documents in the event that the request is not sufficiently definite to determine whether it includes confidential records; and WHEREAS, the City Council finds that the Public Records Policy of the City of Iowa City, which is attached and incorporated herein, is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached Public Records Policy of the City of Iowa City is adopted as the policy of the City of Iowa City for the examination and copying of public records. The persons holding the following positions are hereby delegated with the responsibility for implementing the requirements of Chapter 22 with respect to records maintained in their respective departments and divisions: Resolution No, 07-260 Page 2 City Manager-City Manager's Office City Clerk-City Clerk's Office City Attorney-City Attorney's Office Personnel Administrator-Human Resource Division Cable TV Administrator-Cable TV Division Human Rights Coordinator-Human Rights Division Finance Director-Finance Department Fire Chief-Fire Department Public Information Officer-Police Department Housing and Inspection Services Director-Dept. of Housing & Inspection Services Library Director-Public Library Parking and Transit Director-Parking and Transit Department Parks and Recreation Director-Parks and Recreation Department Planning and Community Dev. Director-Planning and Community Development Dept. Public Works Director-Public Works Department Senior Center Coordinator-Senior Center Resolution No. 06-364 is rescinded. Passed and approved this 21 s t day of August ,2007. ATTEST~f~ k f(41<l2 CIT LERK ~( J~ MAYOR - Arrt:ed by rA . I ~ff1.V~ City Attorney's Office r /1'1/ /)7 .... sue\Ord&Res\Open RecPolicyRes 8/07 Resolution No. Page 1 07-260 It was moved by RR;' Py and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn PUBLIC RECORDS POLICY OF THE CITY OF IOWA CITY (rev. 8/07) 1. Statement of Policy. The purpose of this policy is to facilitate broad access to public records. The City is committed to the policies set forth in Iowa Code Chapter 22 (2007), as amended. City staff shall cooperate with members of the public in implementing the provisions of that chapter. 2. Custodian. For purposes of this policy, "Custodian" means the person lawfully delegated by the City to act for the City in implementing Iowa Code Chapter 22. As designated in Resolution No. 07-_, the Custodians are: City Manager-City Manager's Office City Clerk-City Clerk's Office City Attorney-City Attorney's Office Personnel Administrator-Human Resources Division Cable TV Administrator-Cable TV Division Human Rights Coordinator-Human Rights Division Finance Director-Finance Department Fire Chief-Fire Department Public Information Officer-Police Department Housing and Inspection Services Director-Dept. of Housing & Inspection Services Library Director-Public Library Parking and Transit Director-Parking and Transit Department Parks and Recreation Director- Parks and Recreation Department Planning and Community Dev. Director-Planning and Community Development Dept. Public Works Director-Public Works Department Senior Center Coordinator-Senior Center 3. Location of Record. A request for access to a record should be directed to the Department Head, Director, or Coordinator of the particular City office where the record is kept. Records of a City board or commission are maintained in the office of the Department that staffs the board or commission and the person designated in paragraph 2 as the Custodian of the Records of that Department shall be the Custodian of the board or commission's records. If the location of the record is not known by the requestor, the request shall be directed to the City Clerk. 4. Office Hours. Requests for access to public records may be made in writing, in person, bye-mail, by fax, or by telephone. The request should identify the particular records by name or description to facilitate the location of the record. To facilitate a reply, mail or telephone requests should include the name, address, and telephone number of the person requesting the information. A person shall not be required to explain why the record is being requested. 5. Response. Access to a public record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. Absent unusual circumstances, access shall be provided within five (5) working days from the date the request is received by the Custodian. If the size or nature of the request for access to a record requires time for compliance, the Custodian shall comply with the request as soon as feasible. Access to a record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4) (2007), as amended. The Custodian shall promptly give notice to the requestor of the reason for any delay in access to a public record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requestor in writing. 6. Denial. The Custodian may deny access to the record only on the grounds that such a denial is warranted under by Iowa Code section 22.8(4) or 22.10(4) (2005), as amended, or that it is a confidential record, or that its disclosure is prohibited by a court order, or other applicable law, 7, Security of record. No person may, without permission from the Custodian, search or remove any record from the City's files. Examination of City records shall be supervised by the Custodian or a designee of the Custodian. Copying of City records shall be done by the Custodian or designee. Records shall be protected from damage and disorganization. 8. Fees. Reproduction. The charge for copies of records and documents shall be as follows: a. b, c. d. e. Photocopy Microfilm copy Large Document copy (e.g. plat) Audio tape/diskette/CD of meeting DVD-R $ .15 per page $ ,50 per page $1.50 per page $3.50 each $15.00 each PostaQe. When the mailing of copies is requested, the actual cost of such mailing may be charged to the requestor. Fax. When facsimile transmission is requested, the charge shall be $2.50 per page. Search and Retrieval. No charge will be made for the first fifteen (15) minutes for the services of staff in research and retrieval of records. Retrievals of more than fifteen (15) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter hour. Supervisory Fee. An hourly fee will be charged for actual City expenses in supervising the examination and copying of requested records when the supervision time required is in excess of fifteen (15) minutes. Supervision of more than fifteen (15) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter-hour. City Attorney Review Fee. To determine whether confidential documents are included in the request, a fee will be assessed in quarter-hour intervals based on the hourly rate not including benefits of the reviewing attorney. Advance Deposits, When the estimated total fee chargeable under this policy exceeds $25, the Custodian may require the requestor to make an advance payment to cover all or a part of the estimated fee. When a requestor has previously failed to pay a fee chargeable under this policy, the Custodian may require advance payment of the full amount of any estimated fee before the Custodian processes a new request from that requestor. Each department is responsible for collecting any applicable fee and providing an appropriate receipt. 2 Overtime. If the services requested cannot be completed during regular office hours, a person may request that work be completed after hours. The charge will be the actual overtime paid to the person providing the assistance. The decision to authorize overtime shall be made by the Department Director or Supervisor, and there is no guarantee that the records will be provided in the time requested. Certified Copies. Certified copies of public documents in the City Clerk's office may be made only at the time the photocopy is made by the City Clerk. Electronic Data. The City is not required under Chapter 22 to provide the public with access to City software, but must allow access to records that are combined with its data processing software. If it is necessary to separate the record from the software to provide access, the City shall bear the cost of the separation. After the record has been separated, any additional fees (e.g., photocopying) shall be as provided in Paragraph 7 below. If the person requests that the record be specially processed, the fee for doing so shall be assessed in quarter-hour intervals at the rate of $11,00 per quarter-hour. 9, Confidential Records. a. Basis. The Custodian may treat a record as a confidential record and withhold it from examination only to the extent that the Custodian is authorized by Iowa Code section 22.7 (2007), as amended, another applicable provision of law, or court order to refuse to disclose that record to members of the public. In the event that the request is not sufficiently definite to determine whether confidential documents are included, the City Attorney, or designee, will need to review the documents, and the fee for said review is listed in Paragraph 8 above. b, Access to Confidential Records. Under Iowa Code section 22.7 (2007), as amended, or other applicable provision of law, the Custodian may disclose certain confidential records to one or more members of the public. In requesting the Custodian to permit the examination and copying of such a confidential record, the following procedures apply and are in addition to those specified for request for access to records provided above. (1) Proof of identitv. The Custodian may require the person requesting the confidential record to provide proof of identity or authority to secure access to the record. (2) Requests. The Custodian may require a request to examine and copy a confidential record to be in writing, A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof deemed necessary by the Custodian to establish relevant facts. c. Request denied. When the Custodian denies a request for access to a confidential record, the Custodian shall promptly notify the requestor. If the requestor indicates to the Custodian that a written notification of the denial is desired, the Custodian shall promptly provide such a notification that is signed by the Custodian and that includes: 3 (1) The name and title or position of the Custodian responsible for the denial; and (2) A citation to the provision of the law vesting authority in the Custodian to deny disclosure of the record and a brief statement of the reason for the denial to the requestor. d. Request qranted. When the Custodian grants a request for access to a confidential record to a particular person, the Custodian shall state any lawful restrictions imposed by the Custodian on that person's examination and copying of the record. e. Request that record be treated as confidential record. A request that a record be treated as a confidential record and withheld from public inspection shall be in writing if the Custodian so requests. The request shall set forth the legal and factual basis justifying the request and the name, address, and telephone number of a person authorized to respond to any inquiry or action of the Custodian concerning the request. Failure to make such a request does not preclude the Custodian from treating it as a confidential record. If the request is denied, the Custodian shall notify the requestor of the determination and the reasons therefore. On application by the requestor, the Custodian may engage in a good faith, reasonable delay in allowing examination of the record so that the requestor may seek injunctive relief under Iowa Code section 22.8 (2005), as amended, or other applicable law. The Custodian shall notify requestor in writing of the time period allowed to seek injunctive relief. f. Third Party, A person who is the subject of a confidential record may request that the record be disclosed to a third party. Said request must be in writing and must identity the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed. Such request does not require the disclosure of the record by the Custodian. Appearance of counsel on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the City to disclose records about that person to the person's attorney. 10. Redaction of a Record. The Custodian may redact from a record any information that is confidential under state or federal law, such as a Social Security Number. 11, Creation of a Record. If the Custodian determines that it may be more feasible, economical, or otherwise reasonable that a response to a request may be better met by the creation of a record, such as a report or a document that does not presently exist, and that would be produced as a result of research or analysis, the Custodian may, but will not be required, to notify the requestor of that determination. The Custodian may advise the requestor of the actual cost of creating and providing such document that does not currently exist. The Custodian and the requester may in such instance, but will not be required to, agree to approve such document in exchange for the actual cost in lieu of providing access to the records originally requested. In absence of such agreement, records will be made available as provided in this policy. Adopted by Resolution No, 05-67 on February 1, 2005, Amended by Resolution No. 06-364 on November 20, 2006. Amended by Resolution No. 07- on August 21,2007, 4 f:\..!." ( Prepared by: Sara F. Greenwood, Asst City Attorney, 410 E. Washington St., Iowa City, Ia 52240, (319)356-5030 RESOLUTION NO. 07-%1 RESOLUTION RESCINDING RESOLUTION NO. 06-355 AND AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE CONTRACTS IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, PUBLIC IMPROVEMENT CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $100,000, AND PROFESSIONAL SERVICES CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $50,000. WHEREAS, pursuant to Resolution No. 06-355, adopted and approved November 14, 2006, the City Council authorized the City Manager to initiate and execute, without City Council approval, contracts for and purchases of commodities, operating services and capital outlay authorized in the Council budget, public improvement contracts for which public bidding was not required by law, and contracts for professional services where the total estimated cost does not exceed twenty-five thousand dollars ($25,000); and WHEREAS, prior to the Council's adoption of Resolution No. 06-355, the City Manager had authority to execute contracts for professional services estimated not to exceed $50,000; and WHEREAS, the Council's adoption of Resolution No. 06-355 was due to the uncertainty of whether Section 380.4 of the Iowa Code applied to contracts for professional services; and WHEREAS, Section 380.4 of the Iowa Code has been amended to both increase the threshold amount for the requirement of a Council resolution for public improvement contracts, and to clarify that it applies only to public improvement projects and not to other expenditures; and WHEREAS, under current law, the City Council may authorize the City Manager to initiate, execute and accept public improvement contracts where the estimated total cost does not exceed $100,000 and to authorize the City manager to execute contracts for professional services estimated not to exceed $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. Resolution 06-355 should be and the same is hereby rescinded. 2. The City Manager is hereby authorized to initiate and execute, without City Council approval, the following contracts in accordance with the annual operating budget as approved by the City Council: a. Purchases of commodities, operating services and capital outlay. b. Public improvement contracts where the total estimated amount does not exceed $100,000. 3. In addition to those items approved during the budget process, the City Manager is hereby authorized to initiate and execute, without City Council approval, contracts for professional services (e.g. engineering, architect, landscape architect) where the total estimated amount does not exceed fifty thousand dollars ($50,000). ..",., ..JU Resolution No. Page 2 07-261 P~Ldt~daYOf A"",,at J ,~1J LA- ~ Mayor ~;;ed by City Attorney's Office ATTEST: ~~)~. ~AA) City rk It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ,2007. Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn