HomeMy WebLinkAbout2007-09-18 Resolution
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-275
RESOLUTION SETTING A PUBLIC HEARING FOR OCTOBER 2, 2007 ON A
PROPOSAL TO CONVEY A STORM WATER MANAGEMENT DRAINAGI;
EASEMENT AND A STORM SEWER PIPE EASEMENT AT THE IOWA CITY
MUNICIPAL AIRPORT.
WHEREAS, Harold Dane and Allegra Dane would like to purchase for $14,100.00 a storm
water management drainage easement (1.10 acres) and a storm sewer pipe easement (.12
acres) at the southwest corner of the Iowa City Municipal Airport near the intersection of Dane
Road and Grace Drive;
WHEREAS, the appraisal for both easements is $14,100.00;
WHEREAS, the Iowa City Airport Commission recommends that the City grant the easements;
and
WHEREAS, the Federal Aviation Administration does not object to the City conveying both
easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a storm water management
drainage easement (1.10 acres) and a storm sewer pipe easement (.12 acres) at the
southwest corner of the Iowa City Municipal Airport near the intersection of Dane Road
and Grace Drive at the sites legally described in the easement plats, which are attached,
marked Exhibits A and B, and incorporated herein.
2. A public hearing on said proposal should be and is hereby set for October 2,2007, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Passed and approved this
18th day of
<PPtP~ .2007. _
( .)~
MAYOR --
Approved by ~ roo.
~~
ATTEST: 7Jl~ ~,
CITY CLERK
~A)
? -((_OT
City Attorney's Office
Resolution No,
Page 2
07-27')
It was moved by RR i 1 e.y and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
y
x
X
x
x
x
ABSENT:
r.h>'lmp;nn
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
EXHIBIT "A"
M
M
II
I hereby cerury that this land .,......}lin9 document .01 pr~ored and
the ""ot.:l SUf"Yey .ork wal performed by me or under my direct
personal superMton ond thot I om 0 duly licensed Lond Surveyor
under the lawl of the Stote of lowo.
...3 {20-E..7
No. 81155
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CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIAUSTS
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FOUND 5/8- PIN
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EASEMENT PLAT :;:
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BEGINNING at the Northwest corner of Meadowlark Hill Subdivision,
Johnson County. Iowa. in accordance with the Plot thereof Recorded in
Book 49, at Page 52, of the Records of the Johnson County Recorde,s
Office; Thence NOO'17'32"E, along the West line of the Southwest
Quarter of the Northwest Quarter of Section 21. Township 79 North.
Range 6 West. of the Fifth Principal Meridian, Johnson County. Iowa.
103.38 feet; Thence N69'33'I7"E. 359.12 feet; Thence Southeasterly,
201.95 feet, olong on ore of a 192.50 foot radius curve, conCQve
Southwesterly, whose 192.81 foot chord bears S80'23'29"E, to 0 point
on the North line of said Meadowlark Hill Subdivision; Thence
S69'32'32"W. along sold North line. 562.61 feet, to sold POINT OF
BEGINNING. containing 1.10 acres, and subject to easements and
restrictions of record.
NOTES
- CONGRESSIONAL CORNER, FOUND
- CONGRESSIONAL CORNER. REESTABLISHED
_ CONGRESSIONAL CORNER. RECORDED LOCA nON
- PROPERTY CORNER(S). FOUND (0. noled)
- PROPERTY CORNERS 5ET
(5/8. Iron Pin .,,/ yellow, plastic LS Cop
embossed with .MMS. )
- CUT .X.
- PROPERTY &/or BOUNDARY LINES
- - - CONGRE5S1ONAL SEcnON LINES
------------- - RIGHT-Of-WAY LINES
- - CENTER LINES
LOT LINES. INTERNAL
- LOT LINES, PLATTED OR BY DEED
__________ - EA5EMENT LINES. WIDTH & PURPOSE NOTED
--------------------- - EXlsnNG EASEMENT LINES. PURPOSE NOTED
(R) - RECORDED DIMENSIONS
- (101) - MEASUREO DIMENSIONS
C22-' - CURVE 5EGMENT NUMBER
UNlESS NOlEO OTllERWISE. All OlIlENSlllNS ARE .. FEET AND HUNOREOTHS
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A PART OF SW 1/4-NW 1/4 ~
SECTION 21.T79N.R6W i?
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IOWA CITY
JOHNSON COUNTY
IOWA
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GRAPmC SCAlJ! IN I'EI!T
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CIVIL ENGINEERS
LAND PLANNERS
" LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPEClAUSTS
1917 S. GILBERT ST.
IOWA CITY, IOWA 52240
(319) 351-8282
www.mmsconsultants.nel
5761 CST. SW SUITE D
CEDAR RAPIDS, IOWA 52404
(319) 841-5188
~I Revl~1On
6/1/07 PER GDM REVIEW ..10M
EASEMENT PLAT
PAAT OF SWl/WNI/4 MID SE1/+NW1/4
SECTION 21-T79-R6W
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
EXHIBIT n&"
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GRAPHIC SCALE IN FEET
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-MMS CONSULTANT~ 917 S. GILBERT ST. rOWA CITY, IOWA 52240 (.319)351-8282
LEGAUl RIPTlON _ STORUWA TFR UANAGEUENT
A port of the Southwest Quarter of the Northwest Quarter and the Southeast
Quarter of the Northwest Quarter of Section 21, Township 79 North, Range 6 Wes'
of Fifth Principle Meridian more particularly described as follows:
(\;,~\\11 'f)f ~iDN
~17i':1)
COMMENCING at the Northwest corner of Lot 1 of Meadowlark HUI Subdivision.
Johnson County. Iowa. in accordance with the plot thereof Recorded In Book 49.
at Poge 52, of the Records of the Johnson County Recorder's Office; Thence
N69-,32'32"E olong the Northerly line of Lot 1 of sold Meadowlark Hill Subdivision,
1338.74 f..t to the POINT or BEGINNING: Thenc. N20'58'02-E, 144.75 f..t:
Thence S69-o1'5S"E, 40.00 feet; Thence S20"5S'02"W, 109.46 feet to the North
line of said Lot 1, Thence S69-32'32"W along sold North line. 53.35 feet to the
POINT Ot=" BEGINNING, containing 5,084 square feet, (0.12 acre), and subject to
eosements and restrictions of record.
ffNORTHWEST CORNER
SECTION 21-T79N-R6W
Of' THE FIfTH P.M.
FOUND 5/8. PIN BOOK
\ I 35 AT PAGE 234
I
CITY OF IOWA CITY
BY: JOHN & ALLEGRA DANE
02/12/07
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I h....y ~tIfy that this lond surveylnq documen t was prl and
the related su,...,.y trOI1c. wo. performed by me 01' under my direCt
"'.... personol supervfslon and that I om 0 duly licensed land Surveyor
~ under the lowe of the Stote of Iowa.
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8!H3 EN D. "ElSNER, Ls' Iowa LIc. No. 8
8IS5 neen.. renewol cIote Is December 31, 20..ILl
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EASEMENT
STORM MANAGEMENT
PROPRIETOR:
SURVEY REQUESTED
DATE 01' SURVEY:
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- CONGRESSIONAL CORNER. REESTABLlSHEO
_ CONGRESSIONAL CORNER. RECOROEO LOCA liON
- PROPERTY CORNERCS). rOUNO (00 noted)
- PROPERTY CORNERS SET
(5/8. Iron Pin wi yellow, plastic lS Cop
embossed with "MMS" )
- CUT "X"
- PROPERTY &/or BOUNOARY LINES
- CONGRESSIONAL SECTION LINES
- RIGHT-OF - WAY UNES
- CENn:R UNES
- LOT UNES. INn:RNAL
- LOT LINES. PLA Tn:O OR BY OEEO
___________ EASEMENT LINES. WIDTH a:: PURPOSE NOTED
.---. _ EXISTING EASEMENT UNES. PURPOSE NOTEO
(R) - RECOROEO O'MENSlONS
(M) - lIEASURED OIMENSlONS
C22-1 - CURvE SEGMENT NUMBER
UNlESS NOTED OTHERWISE. AI.L 0IIIENSl(IIIS ARE .. f[[T AND HUNl1REDlHS
ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 07-776
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES
FOR THE PROPERTY lOCATED AT 2221 HOllYWOOD BOULEVARD,
IOWA CITY, IOWA.
WHEREAS, on May 13,1999 ,the owner executed a Mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, on March 21, 2000, the owner executed another Mortgage with the c'ity of
Iowa City; and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the property
located at 2221 Hollywood Boulevard, Iowa City, Iowa from two Mortgages, recorded
May 24, 1999, Book 2741, Page 155 through Page 159, and, recorded March 21, 2000,
Book 2920, Page 172 through Page 176 of the Johnson County Recorder's Office.
Passed and approved this 18th
day of September
Ci2u I LJQtv-
MAYOR ..... - I --
,20..ill-.
~
ATTEST: ~_~,v. K~
CI LERK
Aplxoved by
~~ ~ '(O"'O}
City Attorney's Office
It was moved by Bailey and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
'i
x
X
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Rose Van Hoven
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 2221 Hollywood Boulevard, Iowa City,
Iowa, and legally described as follows:
Lot Seventeen (17), Block Six (6), Fair Meadows Addition, Second Unit, to the City of Iowa
City, Johnson County, Iowa, subject to easements and restrictions and covenants of record
and also subject to a mortgage to Home Federal Savings and Loan Association, of Des
Moines, dated October 1, 1962, and recorded October 2, 1962, in Book 128, page 238,
Mortgage Records of the Office of the Johnson County Recorder, which mortgage the
grantees herein assume and agree to pay.
from an obligation of the owner, Rose Van Hoven, to the City of Iowa City represented by two
Mortgages, recorded May 24,1999, Book 2741, Page 155 through Page 159, and, recorded
March 21,2000, Book 2920, Page 172 through Page 176 of the Johnson County Recorder's
Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
(2(_Jot
MAYOR - ,.......
ATTEST: ~~....:......-uJ f.
CITY -ERK
~
APprov~~ <:; ,10-0)-
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I Z. day of 5. <2o-krnh ~y ,A.D. 20 D 7 ,before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeareclRoss Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporCJtion by
authority of its City Council, as contained in Resolution No. 1::;7- .J7&, adopted by the City Council on the ~ day S~~ r>'l b~ v ,
20 () 7 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said inst ment to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
,iJ'1N. ~ SONDRAE FORT
1;.,. Commission Number 159791
. ': My Commission Expires
lOW 3'7 .
~rmdrwJ. t~:
Notary Public in and for Johnson County, Iowa
G[
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 07-777
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1150 CHAMBERLAIN
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owner of the property on February 15, 2006 and recorded on February 16, 2006, in Book
3992, Page 103 through Page 107, in the Johnson County Recorder's Office covering
the following described real estate:
Lot 22, Village Green, Part XXII, Iowa City, Iowa, according to the plat
thereof recorded in Book 44, Page 335 Plat Records of Johnson County,
Iowa.
WHEREAS, Iowa State Bank and Trust Company is financing a first mortgage in the
amount $126,000 to Linda L. Cole of 1150 Chamberlain Drive and is securing the loan
with a mortgage covering the improvements to the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
lien of the proposed mortgage in order to induce Iowa State Bank and Trust Company to
make such a loan; and
WHEREAS, Iowa State Bank and Trust Company, has requested that the City execute
the attached subordination agreement thereby making the City's lien subordinate to the
lien of said mortgage with Iowa State Bank and Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to secure said
lien as a second lien~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Iowa State Bank and
Trust Company, Iowa City, Iowa.
Passed and approved this 18th
(;Lembe) Iii: .
MAYOR
ATTEST: ~~ k. -i!~
CITY ERK
~bY
- ~) -( ~ '-~t-
City Attorney's Office
It was moved by Bailey and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
x
y
x
x
x
Champion
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
the
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa
State Bank and Trust Company of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $45,389, and was executed by The Housing Fellowship (herein the Owner), dated
February 15. 2006, recorded February 16, 2006, in Book 3992, Page 103 through Page 107,
Johnson County Recorder's Office, covering the following described real property:
Lot 22, Village Green, Part XXII, Iowa City, Iowa, according to the plat thereof
recorded in Book 44, Page 335 Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $126,100,00 on a promissory
note to be executed by the Financial Institution and Linda L. Cole, securing a mortgage covering
the real property described above; and.
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgage held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration, The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage, The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on S~t.eN'Y\ her- t I
1>~9'4 cr. t)oet"9f (name(s) of person(s)) as \/1'c.2. PY'~ide.+'\."t
authority, e.g, officer, trustee, etc.) of Jo w^ S'fA'f'E.= ~A^,lC' Tfl..c.ISr <!:t>.
party of behalf of whom instruments was executed) .
:i.,....
i r.
, ,
O"A
CATHERINE M. FRANZ
Commission Number 715965
MY8~mo~SioMr '5
- - Z
..:::;:..
Notary Public in and for the State of Iowa
My Commission expires: ()~ I 0 ~ I Z(j/J~
, 2006 by
(type of
(name of
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
'f4
Dated this / f day of Str-hW"t\ 'b~ , 20~.
By ~LJ it
Mayor
FINANCIAL INSTITUTION 1 -r-o JJ - 1"1...
/rJC.VA STA1E. ~Alv Ie -l II""'V"5 J \,;41
CITY OF IOWA CITY
~
By
~~~'. ,
P~9\{ · \:)0 e I \1, Ce. fus I
~
Attest:
7h~~, ~
City Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this n day ofS",o+-~v" ~{JY- ,20 D? , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared RD-sS W.. \ bu V"VI and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. 01- ;)77 passed (the Resolution adopted) by the City Council, under Roll Call
No. ~____~ of the City Council on the rg day of S(>r+{'yVlJ..,~"" ,20~, and
that Res,:, LL: I bv..;( v\ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
~~ SONDRAE FORT
, 1- Commission Number 159791
, My Commission Expires
ow :3 ' .2.oCFJ
~cmcL(~ ~~
Notary Public in and for the State of Iowa
M-(CY,
[ ~~(;) ,
Prepared by: Susan Dulek, Asst City Attorney, 410 E. Washington Street, Iowa City. IA 52240 (319) 356-5030
RESOLUTION NO. 07-278
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH
IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY
IN AVIATION COMMERCE PARK TO CHANGE THE PRICING MODEL.
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement
("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa
Realty Commercial to sell and lease the property known as the Aviation Commerce Park
subdivision; and
WHEREAS, the Listing Agreement has previously been amended six times including
most recently in Resolution No. 07-2; and
WHEREAS, it is in the best interest of the City of Iowa City to amend to the Listing
Agreement to change the pricing model and to market the Aviation Commerce Park
again as individual lots.
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 to
the Seventh Amendment to Listing Agreement, a copy of which is attached.
Passed and approved this 18th day of
G?-c;:O~
MAYOR
-
ATTEST: )1l~..f. ~
CITY CLERK
Approve~ . ~ "'_ ~.
~>...~_~ 7 - (<Y ....D}
City Attorney's Office
Resolution No,
Page 2
07-278
It was moved by Ra i 1 ey and seconded by
adopted, and upon roll call there were:
Champion
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
X
X
x
SEVENTH AMENDMENT TO LISTING AGREEMENT
WHEREAS, on April 20, 2004, the Iowa City Council, Iowa City Airport Commission, and NAI
Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and lease
the property known as the Aviation Commerce Park subdivision;
WHEREAS, the parties have previously entered into six amendments including an amendment
that extends the term of the Listing Agreement to January 22, 2008;
WHEREAS, because Harry Wolf is moving from the Iowa City area, NAI Iowa Realty
Commercial acknowledges that that Peggy Slaughter and Randy Miller will be the new lead
brokers;
WHEREAS, the parties wish to amend the Pricing Model; and
WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written
agreement of the parties.
IT IS THEREFORE AGREED that:
Exhibit E is deleted in its entirety, and a new Exhibit E, which is attached and incorporated
herein, is substituted in lieu thereof.
All other terms of the Listing Agreement shall remain in full force and effect.
g }Il } 01
Date
9~r7
DatEI'
i lie/a?
Date
Attest:
Jan~e~,~~
7J/8jo 7
Date
THE CITY OF IOWA CITY
n~~~Ai) I!. ~a-uJ
Man n K. Karr, City Clerk
(h- LJJt-
Ross Wilburn, Mayor
~
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this rR day of ~~~rn he.(' , 2007, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Ross Wilburn and Manan K. Karr,
to me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
S-LrYdJ1CtQ... ~
Notary Public in and for the State of Iowa
APP~. ead b oyy "
~~
'i-(8--~\
:,N. ~ SONDRAE FORT
1- Commission Number 159791
, . My Commission ~ires
ow _ 7 ') 'I
City Attorney's Office
PRICING
MODEL
EXHIBIT E
Purchase
Price
Acres SF
1 1.38 60,076 225.000 3.75
2 4.44 193,482 562,000 2.90
3 6.33 275,603 547,500 1.99
4 7.21 313,924 910,000 2.90
5 3.17 137,904 420,000 3.05 SOLD
6 2.18 94,754 465,000 4.91
7 0.97 42,253 210,000 4.97
8 1.25 54,250 265,000 4.88
9 1.23 53,761 265,000 4.93
10 2.12 92,230 430,000 4.66
11 1.46 63,429 315,000 4.97
12 0.81 35,331 175,000 4.95
13 0.90 39,280 195,000 4.96
14 0.91 39,454 195,000 4.94
15 0.91 39,423 195,000 4.95
16 0.89 38,919 195,000 5.01
17 1.07 46,628 230,000 4.93
37.21 1,620,701 5,799,500
37.21 acres
7.39 acres
The above pricing is valid as of September 2007.
Pricing is subject to review and adjustment at Commission/Owner's discretion
/1 / ".
~..,-' ( ''S )
c...... \. -
./
SEVENTH AMENDMENT TO LISTING AGREEMENT
WHEREA~,pn April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and
NAI Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and
lease the property known as the Aviation Commerce Park subdivision;
\
WHEREAS, the p~ies have previously entered into six amendments including an amendment
that extends the terrl\~f the Listing Agreement to January 22, 2008;
WHEREAS, because\f:iarry Wolf is moving from the Iowa City area, NAI Iowa Realty
Commercial acknowledges that that Peggy Slaughter and Randy Miller will be the new lead
brokers' \
, \
\
WHEREAS, the parties wish l.p amend the Pricing Model; and
\
WHEREAS, Paragraph 13 of th~Listing Agreement provides that it may be amended by written
agreement of the parties. \
IT IS THEREFORE AGREED that: \
\.
Exhibit E is deleted in its entirety, and, new Exhibit E, which is attached and incorporated
herein, is substituted in lieu thereof. \
\
All other terms of the Listing Agreement shall '\ain in full force and eflect
,
\
\
NAIIOWA REALTY COMMERCIAL
\
\
\
\
\
\
,
\
\
Date\.
\
THE IOWA CITY AIRPORT COMMISSION
Howard Horan, Chairperson
Date
Attest:
Janelle Rettig, Secretary
Date
On this day of ' 2007, before me, the undersigned, a
notary public in and for the State of low personall appeared Ross Wilburn and Marian K. Karr,
to me personally known, who being by me uly s orn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corpora' executing the within and foregoing instrument;
that the seal affixed thereto is the seal of sai unicipal corporation; that said instrument was
signed and sealed on behalf of said municipal orpar..ation by authority of its City Council; and that
the said Mayor and City Clerk as such officer acknow~dged that the execution of said instrument
to be the voluntary act and deed of said cor oration, by it'~nd by them voluntarily executed.
'"
Notary Public i~"~'rld for the State of Iowa
"
'\.
THE CITY OF IOWA CITY
Marian K. Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
APprove~ ~
City Attorney's Office
Ross Wilburn, Mayor
CITY ACKNOWLEDGMENT
Mf5 LL
Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
RESOLUTION NO. 07-279
RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTIONS OF
COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH
OF BURLINGTON STREET TO THE UNIVERSITY OF IOWA.
WHEREAS, City Council has passed and adopted an ordinance vacating Court Street
west of Madison Street, and Front Street south of Burlington Street; and
WHEREAS, this vacation was adopted to promote the construction of a recreational
facility for the University of Iowa, which owns all property surrounding these streets; and
WHEREAS, in consideration for this vacation and requested conveyance, owner of
the adjacent property, the University of Iowa, will convey to the City a blanket utility
easement along these streets; 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 Court Street west of
Madison Street, and the portion of Front Street south of Burlington Street to the
University of Iowa via Quit Claim Deed in consideration for the University's
conveyance of a blanket utility easement along these streets.
2. The City Attorney is hereby authorized to carry out any actions necessary to
consummate the conveyance as required by law.
day of
-......
September
,2007.
MAYOR
ATTEST: ~ K. ~a.-vJ
CITY CLERK
Resolution No,
Page 7
07-77Q
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
x
x
x
O'Donnell
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
\'0' ~
Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
RESOLUTION NO. 07-?RO
RESOLUTION AUTHORIZING THE CONVEYANCE OF THE VACATED EAST-WEST AND
NORTH-SOUTH ALLEYS IN BLOCK 102, IOWA CITY, IOWA, TO HIERONYMUS SQUARE
ASSOCIATES.
WHEREAS, the City Council has passed and adopted ordinances vacating the East-West alley
and the portion of the North-South alley adjacent to Hieronymus Square Associates' [hereinafter
"HSA"] property on Block 102; and
WHEREAS, HSA wishes to acquire these vacated parcels from the City for mixed-use
commercial and residential development, while maintaining these two alleys for public access; and
WHEREAS, in exchange for this conveyance, HSA will construct and maintain these alleyways,
will convey a public access and blanket utility easement, and perform snow removal along the entire
length of the alleyways, including those portions that are not herein conveyed to HSA; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that
the conveyance of the said alleys to the adjacent property owner, HSA, in exchange for their granting
certain easements and performing snow removal 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 of Iowa City hereby conveys those portions of the vacated East-West and North-
South alleys that have been vacated on Block 102, Iowa City, Iowa.
2. The Mayor and City Clerk are hereby authorized and directed to execute deeds and all other
documentation, in a form approved by the City Attorney, to complete the transactions
provided for above to convey its interest in the vacated alleys.
3. The City Attorney is hereby authorized and directed to record all the necessary
documentation to transfer title of said property to HSA at HSA's expense.
4. The City Attorney is also authorized and directed to approve and record at the City's expense
all easements and other documentation that may be necessary to effectuate the parties'
agreement.
Passed and approved this
18th
day of
s.~ LJ':OQr~
MAYOR
ATTEST:~ ~~ .~
CITY ERK
Approved by
~4ttl ~ /fui7WVJ
City Attorney's Office '1/ sld7
Resolution No,
Page '}
07-280
It was moved by 0' Donne 11 and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
X
'J
x
X
X
x
X
R-'lilpy
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
('f\ ~* .
II
t:rJ
Prepared by: Sarah Okerlund, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 07-281
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD
HIGHWAY 218 WATER MAIN EXTENSION PROJECT, 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 was 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% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, 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. Sealed 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 the City Hall, before 10:00 a.m. on the 10TH day of
October, 2007. At that time, the bids will be opened by the City Engineer or his designee,
and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon
said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa
City, Iowa, at 7:00 p.m. on the 16th day of October, 2007, or at a special meeting called
for that purpose.
Passed and approved this 18th
dayof ~L ~2~
M YOR
ATTEST: 7J~.:- J ~ <kaMJ
CIT LERK
pweng\res/218 watermain ext.doc 9/07
Approved by
44!/-~#~~~
City Attorney's Office 7 j/P /Cl,/
Resolution No,
Page 2
07-281
It was moved by Bailey and seconded by 0' Donnell
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
MJq
c
~.9--
L.lLJ
Prepared by: Steve Long, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5250
RESOLUTION NO. 07-282
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY
AND CHILDREN'S SERVICES FOR OPERATION OF A CHILD CARE CENTER AT 1516
SHERIDAN AVENUE.
WHEREAS, the provision of child care is a high priority in CITY STEPS; and
WHEREAS, the facility located at 1516 Sheridan Avenue was acquired and renovated by Eagles' Flight
Inc., a non-profit organization, with HUD Community Development Block Grant (CDBG) funds for the
purpose of providing child care to low-moderate income households; and
WHEREAS, Eagles' Flight, Inc. is no longer providing child care and deeded the facility to the City of Iowa
City for repayment of the CDBG funds; and
WHEREAS, Four Oaks Family and Children's Services is a non-profit that provides child care to low-
moderate income households and has leased the property since October 1, 2005 and desires to continue
to lease the facility located at 1516 Sheridan Avenue; and
WHEREAS, it is in the City's best interest to enter into the Lease between the City of Iowa City and Four
Oaks Family and Children's Services, a copy of which is attached.
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 Lease between the
City of Iowa City and Four Oaks Family and Children's Services.
Passed and approved this 18th day of September ,20...!1L--.
r;-) -L L \ ,Q].....
~ - -
-
ATTEST: ^-~ k, ~~
CITY CLERK
Approved by ,~
~~ <; ,( ~ ,c-)-
City Attorney's Office
It was moved by Corn'; ::!
and upon roll call there were:
and seconded by
Champion
the Resolution be adopted,
AYES:
NAYS:
ABSENT:
x
x
x
X
X
X
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ppdcdbg/res/fouroaks07.doc
.'
. LEASE
BETWEEN THE CITY OF IOWA CITY AND
FOUR OAKS FAMILY AND CHILDREN'S SERVICES
This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or
"Landlord") and Four Oaks Family and Children's Services ("Tenant") in Iowa City, Iowa.
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain
premises situated in the City of Iowa City, State of Iowa, commonly known as 1516
Sheridan Avenue, Iowa City, IA (the "property" or "premises"), and has the authority to
lease said premises.
B. Four Oaks Family and Children's Services is an Iowa Corporation.
C. The parties desire to enter into a lease for the property.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by the parties, Landlord and Tenant hereby agree as follows:
AGREEMENT
1. DATE. This Lease is made to be effective as of October 01,2007.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes
from Landlord for the Term the real property locally known as 1516 Sheridan Avenue, together
with the continuous and uninterrupted right of access to and from the Premises.
3. TERM. The term of this Lease ("Term") shall be one (1) year, commencing on October
01, 2007 ("Commencement Date") and extending through September 30, 2008 unless sooner
terminated pursuant to any provision hereof.
4. RENT. Tenant shall pay to Landlord $1,035 per month as rent for the use of the
Premises payable in advance on or before the fifth (5th) day of each month at its address at
Planning & Community Development, City Hall, 410 E. Washington St., Iowa City, IA 52240 or to
such other address as Landlord may designate by written notice as provided herein.
5. UTILITIES AND JANITORIAL. Tenant shall pay for all separately metered regular
utility charges related to the use of the Premises, including all water, sewer, gas, electricity, cable
and telephone. Tenant shall pay for all janitorial services and regular cleaning service to the
Premises. Tenant shall pay for snow removal, lawn mowing and related yard maintenance.
6. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's
operation of a child care facility and any other activities reasonably related thereto.
7. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant
observes and performs all of the agreements and covenants required of it hereunder, Tenant
shall peaceably and quietly have, hold and enjoy the Premises for the Term without any
encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or
denied through rezoning, environmental impact edict, or other action of any public or quasi-public
agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of
the effective date of such action and the rent applying to the unexpired portion of the Term will
abate.
8. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease
all or a part of the Premises for any purpose, without the prior written consent of Landlord. If
Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to
remain primarily liable for the payment of rent for the remaining term of this Lease.
9. TERMINATION. If Tenant's operating funds are reduced because of funding
reductions to an amount equal to at least 10% of the current fiscal year operating budget for the
child care program located at 1516 Sheridan Avenue, Tenant may terminate this Lease upon 60
days written notice to Landlord. Said notice shall include sufficient documentation, to be
determined at Landlord's sole discretion, of said reduction.
9. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's
consent, may make any minor alterations, improvements, or additions in, on or about the
Premises, which Tenant may deem necessary or desirable, except for structural repairs and
maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or
addition costs not more than five hundred dollars ($500.00). In seeking Landlord's approval,
Tenant shall submit a written description of the proposed work along with plans and drawings
respecting the same to Landlord for Landlord's approval, which approval shall not be
unreasonably delayed or withhold. Tenant, at its option, may remove such alterations,
improvements, or additions made by it in, on or about the Premises if the removal may be done
without structural damage to the Premises. Tenant's personal property and its trade fixtures,
including all machinery, equipment and furnishings, shall remain the property of Tenant and may
be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or
additions not removed by Tenant within thirty (30) days after the end of the Term shall
automatically become the property of Landlord. Landlord shall, at its sole expense, make any
alterations, improvements or additions to the Promises (structural or non-structural) that may be
required on account of any existing or future laws of any governmental authority, except
alterations, improvements or additions to the Premises as may be required solely by reason of
the nature of Tenant's business. In no event shall Tenant make any changes, modifications,
alternations, or additional to the exterior of the Premises without Landlords' specific written
approval, notwithstanding any provision contained herein to the contrary.
10. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs and
replace broken glass, including exterior windows, in the Premises. Landlord shall maintain and
promptly make all exterior repairs and common area maintenance, all repairs, replacements or
retro-fitting of a permanent character (including, but not limited to, components in the air
conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing
fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways,
parking lots, wall, roof (including water tightness), foundation, footings, Building Systems (as
herein defined) and structural repairs, support systems, strengthenings, alterations,
reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, insect
infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at
any time, be required by any governmental or public authority, except for any damage caused
solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect,
damage, decay or dangerous condition associated with the Building System. As used herein,
'Building Systems' means the building utility elements essential for Tenant's use and occupancy
of the Premises including, but not limited to, such systems as are not readily accessible to
Tenant, such as underground water, sewer, electric and other utility lines and maintenance
services related to the Premises. Tenant shall surrender the Premises in as good order, repair
and condition as the same were in the commencement of the Term, damage by fire and items
covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear,
2
alterations, improvements and additions made by Tenant and Landlord's failure to repair
excepted.
11. TAXES. Tenant, during the Term, shall pay promptly when due, all general ad valorem
real estate taxes and assessments which may be imposed upon the Premises. Tenant shall pay
all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal
property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes
any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy,
penalty, or tax imposed by any authority having the direct or indirect power to tax, including any
city, county, state or federal government, or any school, agricultural, lighting, drainage or other
improvement district thereof or any public or quasi-public agency or governmental authority, upon
any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or
business of leasing the Premises, or upon Tenant's use or occupancy of the Premises.
12. INSURANCE. Tenant covenants and agrees that it will at its own expense procure
and maintain general liability and auto liability insurance in a company or companies authorized
to do business in the State of Iowa, in the following amounts:
Type of Coveraqe
a.
Comprehensive General Liability
Each Occurrence
Aqqreqate
(1) Bodily Injury & Property Damage
$1,00,000
$2,000,000
b. Automobile Liability
Combined Sinqle Limit
c.
Excess Liability
$1,000,000
$1,000,000
$1,000,000
(1) Bodily Injury & Property Damage
d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the
Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of
execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord
. as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before
cancellation of said insurance. Notwithstanding any provision herein to the contrary, Tenant may
satisfy its insurance obligations hereunder by self-insuring any or all of its insurance liabilities and
Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage.
13. INDEMNITY. Each party hereby disclaims, releases the other party from any and
all liability, whether in contract or tort (including strict liability and negligence) for any loss,
damage or injury of any nature whatsoever sustained by the party, its employees, agents or
invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the
property of the other party that may be located or stored in the Premises, unless such loss,
damage or injury is caused by the party's gross negligence or intentional willful misconduct. The
parties hereby agree that under no circumstances shall either party be liable for indirect,
consequential, special or exemplary damages, whether in contract or tort (including strict liability
and negligence), such as, but not limited to, loss of revenue or anticipated profits or other
damage related to the leasing of the Premises under this Lease.
14. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or
in part by fire or other casualty, Landlord shall repair and restore the Premises to a good
tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or
shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until
the Premises is restored to a tenantable condition. Landlord shall commence and complete all
3
work required to be done under this Section with reasonable promptness and diligence. In the
event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or
reduced proportionately during any period which, by reason of such damage or destruction, there
is any interference with the operation of the business of Tenant. If Landlord does not commence
the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair
or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option,
terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to
the commencement of the repair or restoration. In that event, this Lease shall terminate as of the
date of such damage or destruction.
15. DEFAULTS. The following shall constitute "Events of Default":
(a) Monetary. Tenant shall fail to pay Rent at the time required or any other
monetary obligation or payment required under this Lease when due, and such failure shall
continue for a period of ten (10) days following written notice from Landlord to Tenant; or
(b) Non-performance. Tenant shall fail to observe or perform any of the other
covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to
be accurate and complete, and such failure shall continue and not be cured for a period of thirty
(30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably
susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the
Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to
completion; or
16. REMEDIES.
Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during
the continuance of such Event of Default, Landlord may take any of the following actions and
shall have the following rights against Tenant:
(a) Termination. Landlord may elect to terminate the Lease by giving no less than
thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in
such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely
and with the same effect as if such date were the date herein fixed for expiration of the Term and
Tenant shall remain liable as provided in Section (c) below.
(b) Eviction. Landlord shall have the immediate right upon termination of this Lease
to bring an action for forcible entry and detainer.
(c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions
of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part
thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations
hereunder, all of which shall survive such termination, repossession or reletting.
(d) Damaqes. In the event of any termination of this Lease or eviction from or
repossession of the Premises or any part thereof by reason of the occurrence of an Event of
Default:
(i) Rent and Charqes. Tenant shall pay to Landlord the Rent and other sums
and charges required to be paid by Tenant for the period to and including the end of the Term or
expiration of an option period as provided for by Section 3 above, whichever is later.
(ii) Leased Premises. Landlord shall be entitled to offset any amount owing by
Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be
liable for pursuant to this Lease.
4
(e) Riqhts Cumulative, Non-Waiver. No right or remedy herein conferred upon or
reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every
right and remedy shall be cumulative and in addition to any other right or remedy given hereunder
or now or hereafter existing at law or in equity or by statute. In addition to the other remedies
provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to
injunctive relief in case of the violation, or attempted or threatened violation, of any of the
covenants, agreements, conditions or provisions of this Lease, or to a decree compelling
performance of this Lease, or to any other remedy allowed to Landlord at law or in equity.
(f) Landlord's Riqht to Cure. If after written notice, Tenant fails to pay any utilities
charges described in Section 5, insurance premiums described in Section 13, the cost of any of
the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other
charges, costs or expenses required to be paid under the Lease, Landlord shall have the right,
but not the obligation, to make all such payments, and in addition to its other remedies under this
Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of
such payments (which shall be deemed additional rent hereunder) on demand with interest after
demand at 10% rate per annum. (the "Default Rate").
(g) Late Charqe, Default Rate. If Landlord does not receive payment of any
installment of Rent or any other sum or charge required to be paid by Tenant to Landlord
hereunder within ten (10) days after the same falls due (regardless of whether Tenant has
received notice of the delinquency), Landlord may impose a late charge equal to five percent
(5%) of the amount of such delinquent sum and if such sum is not received by Landlord within
thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from
the due date until the date paid.
(h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate,
Tenant's Improvements and all property of Tenant located at the Premises, to secure any
obligations of Tenant to Landlord arising pursuant to the provisions of this Lease.
(i) Non-Waiver. The failure of Landlord to insist upon strict performance of any of
the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone
or more instances shall not be construed as a waiver or relinquishment for the future of any such
covenant, condition, or option, but the same shall be and remain in full force and effect. The
receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the
breach of any covenants or agreements contained herein shall not be deemed a waiver of such
breach.
17. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration
or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed
to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions,
provisions and obligations of this Lease insofar as they are applicable to a month-to-month
tenancy.
18. ACCESS BY LANDLORD.
(a) Landlord or Landlord's agents, representatives or employees shall have the right
at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case
only such notice, if any, as may be feasible under the circumstances shall be required) to enter
upon the Premises for the purposes of inspecting the same, determining whether this Lease is
being complied with, and curing (as permitted herein) any default by Tenant.
(b) Landlord or Landlord's agents, representatives, or employees shall have the right
whenever necessary and without notice to enter upon the Premises for the purpose of repairing
or maintaining any of Landlord's property adjacent to or abutting the Premises.
5
19. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the
Premises that Tenant, its employees, and agents shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed, gender identity,
sex, national origin, sexual orientation, mental or physical disability, marital status or age.
"Employment" shall include but not be limited to hiring, accepting, registering, classifying,
upgrading, or referring to employment. "Public accommodation" shall include but not be limited to
providing goods, services, facilities, privileges and advantages to the public. Tenant shall remain
in compliance with all requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally
Assisted Programs of the Department of Transportation. The prohibition of discrimination based
upon sexual orientation does not require the Tenant to provide equitable benefits to domestic
partners.
20. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity,
performance and enforcement of this Lease.
21. NOTICES. Notices, statements and other communications to be given under the terms
of the Lease shall be in writing, unless otherwise provided herein, and sent by certified
or registered mail, or by commercial courier, return receipt requested, and addressed
as follows:
If to Landlord:
Planning and Community
Development
410 E. Washington St.
Iowa City, IA 52240
With copies to:
City Attorney
410 E. Washington St.
Iowa City, IA 52240
If to Tenant:
Four Oaks Family and
Children Services
5400 Kirkwood Blvd SW
Cedar Rapids, IA 52404
The address and person for written communication may be changed upon ten (10) days' written
notice to the other party.
22. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or
through them hereby mutually release and discharge each other, any other tenants or occupants
of the building in which the Premises is located, and the officers, employees, agents,
representatives, customers and business visitors of Landlord or Tenant or such other tenants or
occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by
insurance on or in connection with the Premises or said building, even if caused by the fault or
negligence of a released party. This release shall apply only to the extent that such claim, loss or
liability is covered by insurance.
23. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during
the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions
for any existing environmental materials or Hazardous Materials on the Premises. Landlord
agrees to indemnify, defend and hold Tenant harmless from and against any and all loss,
damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a
result of any claim, demand or action related to environmental conditions, Hazardous Materials or
any other environmental laws and regulations not directly resulting from Tenant's activities on the
Premises.
24. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall
include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants,
contaminants, hazardous wastes, toxic substances, and any other chemical, material or related
substance exposure to which is prohibited or regulated by any governmental authority having
jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous
materials" or "toxic substances" in the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42
6
U.S.C. S6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. S6901, et seq.;
Clean Air Act, 42 U.S.C. S7901, et seq.; Toxic Substances Control Act, 15 U.S.C. S2601, et
seq.; Clean Water Act, 33 U.S.C. S1251, et seq.; the laws, regulations or rulings of the state in
which the Premises is located or any local ordinance affecting the Premises; or the regulations
adopted in publication promulgated pursuant to any of such laws and ordinances.
25. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the
remainder of this Lease or any other provision hereof.
26. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto
or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions
between Landlord and Tenant concerning the Premises and this Lease and there are no
covenants, promises, agreements or conditions, either oral or written, between them. This
Lease may not be modified or amended in any manner except by an instrument in writing
executed by the parties hereto.
27. BINDING EFFECT. The covenants, conditions and agreements contained in the
Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective
successors.
28. ATTORNEY FEES. If either party named herein brings an action to enforce the
terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on
trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as
fixed by the court.
29. HEADING. Headings as to the contents of particular sections herein are inserted only
for convenience, and are in no way to be construed as a part of the Lease or as a limitation on
the scope of the particular section to which they refer.
30. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall
be deemed to be an original and all of which shall, when taken together, constitute but one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective
as of the day and year first above written.
Landlord:
Tenant:
CITY OF IOWA CITY
~u;M~
Mayor
FOUR OAKS FAMILY AND CHILDREN'S SERVICES
Anne Gruen8
Attest
~~~. ~~
City lerk
STATE OF IOWA )
7
) 55:
JOHNSON COUNTY )
This instrument was acknowledged before me on s;,<?p+~.v> b-<."~ I 'l ,2007 by Ross Wilburn
and Marian K. Karr, respectively as Mayor and City Clerk of the City of Iowa City.
r- .
SOY)dJ-u:;.s... \-()\"-b
Notary Public in and for the State of Iowa
My Commission expires:;.! 1 !.,)..oCIi
STATE OF IOWA )
) 55:
JOHNSON COUNTY )
This instrument was acknowledged before me on
as
trustee, etc.) of
whom instruments was executed).
My Commission expires:
Approved:
~ C; - rc) ,-c)-
City Attorney
8
~IN~ SONDRAEFORT
~ ~ comm.ission Nu.mber 159791
My Commission Expires
lOW ?'J1/'v.,j'
2007 by
(type of authority, e.g. officer,
(name of party of behalf of
1 ~ 1
~~5.aaii~",
~~W!:~
~~.-aa.~
-., -
CITY OF IOWA CITY
MEMORANDUM
~
L..lL.I
Re:
September 12, 2007
City Council
Steve Long, Community Development coordinato~
Agenda Item 15: Amendment to Contract for Professional Services
Date:
To:
From:
Representatives from Mullin & Lonergan Associates, Inc. have been working on the
Affordable Housing Market Analysis since May 1, 2007. The first deliverable was
completed in late-June and consisted of a draft compilation and analysis of housing
data and non-housing factors. We anticipate receiving the second deliverable next
week which will consist of a draft compilation and analysis of economic data,
organizational capacity and local government issues.
To date, we have been pleased with the quality of the report and we are looking forward
to the final report which will be delivered sometime around November 1, 2007.
During the preparation of the Affordable Housing Market Analysis we realized that Iowa
City's Analysis of Impediments to Fair Housing (AI) document was outdated. The AI is
a document that is required by the US Department of Housing and Urban Development
if a community receives Community Development Block Grant (CDBG) funds. Iowa City
completed the AI in 1998 and did a partial update in 2001, but it has not been updated
since 2001.
Much of the required AI information is being collected as part of the Affordable Housing
Market Analysis so we inquired about the possibility of Mullin & Lonergan preparing our
AI. They have completed 19 HUD approved AI documents for a wide range of
communities in seven states over the last five years. They propose to complete Iowa
City's AI for $10,000 which reflects an estimated savings of approximately $15,000 due
to the fact that they are familiar with Iowa City and that they are already collecting
relative AI data for the preparation of the Affordable Housing Market Analysis.
Community Development staff contacted representatives from Ames, Cedar Rapids,
Davenport and Dubuque to see if they prepared their own AI documents or if they hired
a consultant. Each community hired a consultant and all of them have updated their AI
within the last four years. The costs ranged from $15,000 to $35,000.
If Community Development staff prepares the study, it is estimated that it would take
between 200 and 230 hours of staff time. Since the Community Development division
has been down one staff position since 2006, it is simply not feasible to adequately
complete the document in-house.
In your packet you will find a resolution to amend the Affordable Housing Market
Analysis contract to include the preparation of the AI for a total cost of $10,000.
Attached to the resolution is a detailed scope of services that outlines the HUD
requirements. The $10,000 expense is an eligible expense under the FY08 CDBG
Planning & Administration category.
If you have any questions, please feel free to contact me at steve-Iong@iowa-city.org or
at 356.5250.
M+<d
Prepared by Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356-5230
RESOLUTION NO. 07-283
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONTRACT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF IOWA
CITY AND MULLIN & LONERGAN ASSOCIATES FOR THE PREPARATION
OF AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING.
WHEREAS, the City of Iowa City solicited proposals for consultant services to undertake an
affordable housing market analysis to determine affordable housing needs in the greater Iowa
City metropolitan area; and
. WHEREAS, the City of Iowa City entered into a contract with Mullin & Lonergan Associates for
said consultant services on May 1, 2007 that was approved in Resolution No. 07-144; and
WHEREAS, an amendment to the contract is requested to include additional services relative to
the preparation of an Analysis of Impediments to Fair Housing; and
WHEREAS, the U.S. Department of Housing and Urban Development requires that each
community that receives Community Development Block Grant (CDBG) funds must affirmatively
further fair housing by conducting an analysis to identify impediments to fair housing; and
WHEREAS, the City of Iowa City has determined that Mullin & Lonergan Associates is
experienced and qualified to conduct the Analysis of Impediments to Fair Housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Amendment #1 to the Consultant Contract dated May 1, 2007 attached hereto is
in the public interest and is approved.
2. The Mayor is authorized to sign and the City Clerk to attest the attached amendment
to the contract for professional services with Mullin & Lonergan Associates.
Passed and approved this 18th
day of
,20~.
ATTEST: ~ -1(. ~a<M
CITY RK
Appro ed by
~~ 9~;~~or
City Attorney's Office
Ppdcdbg/res/mullin amend.doc
Resolution No,
Page 2
07-283
It was moved by Correia and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
Vanderhoef
the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ABSTAIN:
x
AMENDMENT #1 TO
CONTRACT FOR PROFESSIONAL SERVICES DATED MAY 1,2007
BY AND BETWEEN
IOWA CITY
AND
MULLIN & LONERGAN ASSOCIATES, INe.
THIS AMENDMENT, entered into as of this ~ th day of Seg+~('(\h~(", 2007, by and
between IOWA CITY, IOWA, hereinafter referred to as the "City", an MULLIN &
LONERGAN ASSOCIATES, INC., hereinafter referred to as the "Consultant."
WITNESSETH THAT:
WHEREAS, the City previously entered into a contract with the Consultant on May 1,
2007 to prepare an affordable housing market analysis; and
WHEREAS, the City now wishes to amend the contract to include additional services
relative to the preparation of an Analysis of Impediments to Fair Housing; and
WHEREAS, as part of the initial procurement process, the City reviewed the
qualifications of the Consultant in terms of its ability to provide a variety of housing and
community development planning services; and .
WHEREAS, the City has determined that the Consultant is experienced and qualified to
conduct the Analysis of Impediments to Fair Housing.
NOW, THEREFORE, the parties to the contract do mutually agree as follows:
1. SCOPE OF SERVICES
The Consultant shall perform and carry out in a satisfactory manner the preparation of an
Analysis ofImpediments to Fair Housing ("AI"), as described in Attachment A, Scope of
Services.
II. DATA AND SERVICES TO BE PROVIDED TO CITY BY CONSULTANT
The Consultant will provide the City with digital copies of interview notes and research,
including a digital copy of the draft and final AI report in Microsoft Word.
Page 1
III. DATA AND SERVICES TO BE PROVIDED TO CONSULTANT BY CITY
The City will furnish or make available to the Consultant, a list of local fair housing
organizations, community housing resource boards and disability advocacy organizations,
a copy of the City's most recent Analysis of Impediments, together with any HUD review
comments, copies of HUD correspondence relative to fair housing, local community
development related correspondence, a copy of the City's most recent CAPER, a copy of
the City's Five Year Consolidated Plan, a copy of the City's land use ordinance, a copy
of the City's comprehensive plan, a copy of the local public housing authority's most
recent Section 504 needs assessment and transition plan, and other information and data
as required. In addition, the City will assist the Consultant in conducting interviews with
key agencies, individuals, and organizations through the provision of names and
telephone numbers of contact persons and through introductions, facilitation of interview
schedules, and provision of space to conduct interviews.
IV. DELIVERABLES
Tasks 1,2, and 3 in Exhibit A shall be completed within 90 days of the contract
amendment start date. Tasks 4,5,6, 7, and 8 in Exhibit A shall be completed within 120
days of the contract amendment start date. Tasks 9, 10, and 11 in Exhibit A shall be
completed within 150 days of the contract amendment start date. Tasks 12 and 13 in
Exhibit A shall be completed within 210 days of the contract amendment start date.
V. TIME OF PERFORMANCE
The Consultant will commence work immediately upon execution of this amendment.
However, in the interest of producing a professional work product, the project schedule
may be amended by mutual consent of the City and the Consultant in order to allow
adequate time for research, interviews, and publication of the AI. The Consultant will be
responsible for completing any required revisions to the AI requested by HUD.
VI. COMPENSATION AND METHOD OF PAYMENT
It is expressly agreed and understood that in no event will the total compensation and
reimbursement to be paid hereunder for services rendered in conjunction with the Scope
of Services described in Exhibit A exceed the maximum sum of $10,000. This is a lump
sum fee that includes all travel and out-of-pocket expenses.
The Consultant shall be entitled to monthly progress payments. In each invoice, the
Consultant will certify to the percentage completion of the scope of services. The City
agrees to pay invoices promptly.
VII. OTHER TERMS AND CONDITIONS
Page 2
All terms of the contract entered into by the parties on May 1, 2007 remain in full force
and effect. All terms of this amendment #1 are subject to Exhibits Band C of said
contract, which exhibits are incorporated herein by reference.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as
of the date first written above.
ATTEST:
IOWA CITY
~?f.~
Ci Y Clerk
Re
U LIN & LONERGAN ASSOCIATES, INC.
ATTEST:
,~I;,) ,
C... J/
,
(,
('~
I Ii
/-1
.t~ I
Eric Fulmer, Chairman
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
day of S ...p+~1'V\ L~ ~ , 2007, before me, So "dr-ae..
, a Notary Public in and for the State of Iowa, personally
appeared Regenia Bailey, Mayor ProTem and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor Pro Tern and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is
the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in Resolution No.
D 7- :J g3 passed by the City Council on the I g day of 'Sepl..e.rY\ b~ V'
_' 2007. and that Regenia Bailey and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by'it voluntarily executed.
On this /g
f;..f
~proVld By
~~ ~-t~,c~
City Attorney's Office
S0n:L~ fb:.-b
Notary Public in and for the State ,ofIowa
My commission expires: 3/7/ cx.'Oo9
I I
Page 3
~ SONDRAEFORT
~ T. Commission Number 159791
. . r.~y C,,:nmission Expires
lOW .-' 7 /,[;{n
EXHIBIT A
SCOPE OF SERVICE
The Analysis of Impediments to Fair Housing (AI) for Iowa City will be completed to satisfy the
Housing and Community Development Act of 1974, as amended, which requires that each
community receiving Community Development Block Grant (CDBG) funds must affirmatively
further fair housing. One method of meeting this requirement is for an entitlement community to
conduct a fair housing analysis to identify impediments to fair housing choice. Fair housing
choice is defined as the "ability of persons, regardless of race, color, religion, sex, national
origin, familial status, or handicap, of similar income levels to have available to them the same
housing choices." The AI will be completed to comply with 24 CFR 91.225, and will be in
agreement with the HUD Fair Housing Guide Volume 1 and 2.
Task 1:
Task 2:
Initial Meeting with Staff
The purpose of this meeting would be to review the scope of service, to discuss the
City's priorities, and to finalize the methodology for carrying out the overall
assignment. At this meeting, we will obtain copies of all relevant documents such as
copies of any previous AIs completed by Iowa City (including any HUD review
comments), general HUD correspondence with the City relative to fair housing
issues, the City's most recent Five-Year Consolidated Plan, a copy of the most
recent CAPER along with any HUD FHEO review comments, land use ordinances
for the City, copies of comprehensive plans, and any other relevant reference
materials.
Face-to-Face interviews and focus group meetings with housing practitioners
and fair housing stakeholders
In carrying out other AIs, M&L has found that the most effective way of generating
meaningful input into the AI is through face-to-face stakeholder/practitioner
interviews and focus group meetings. These groups have a vested interest in the
information included in the AI and in the outcome of the AI. We will work with the
City's Community Development staff to identify stakeholders and to prepare a
schedule of meetings. Stakeholders would receive a letter in advance of the
interview describing the purpose of the meeting and introducing members of the
consulting team. We would prefer to conduct interviews and group meetings in the
days immediately following our initial meeting with the Community Development
staff in Task 1. We would normally conduct face-to-face meetings and interviews
with:
. CDBG Fair Housing Officer
. Real estate professionals, including the local Board of Realtors and multi-list
serVIce
. Landlord organizations
. Fair housing groups such as CHRBs, Human Relations Commissions, etc.
. Advocacy groups, such as disability advocates, ethnic/cultural organizations,
Page 4
Task 3:
Task 4:
immigrant groups, homeless advocates, affordable housing advocates and civil
rights organizations
. Iowa City Housing Authority
. Public transit authorities within the region
As part of this outreach effort, we will define "who does what" in terms of fair
housing activities in Iowa City. We will identify entities involved in fair housing
enforcement, fair housing education and fair housing outreach. For each
organization, we will summarize their recent accomplishments and define the extent
to which these organizations routinely interact and communicate on issues to further
fair housing.
As part of our discussion with the Iowa City Housing Authority, we will obtain
information on any local PHA preferences for members of the protected classes and
the existence of reasonable accommodation policies or other policies that affect the
operation of the Authority's public housing and Section 8 programs. We will also
request copies of the Authority's most recent Section 504 needs assessment and
transition plan, making note of any projects or initiatives designed to expand
accessibility, visitability or otherwise address the needs of persons with disabilities.
Analysis of Demographics and Housing
We will conduct a thorough analysis of Census data and other statistical sources of
information.
Using the best available U.S. Census data and information from the Iowa City
Housing Authority, we will perform the following analysis:
a) Population characteristics for Iowa City by income, age, race, gender, female
heads of households, disability, and families with children.
b) Housing characteristics for Iowa City including total number of housing units;
number and location of publicly assisted housing units; number of single-
family homes and multifamily units; median rents and median sales prices;
and statistical indicators of the condition ofthe housing stock (units lacking
complete plumbing facilities, units over 40 years old and older, overcrowded
units); analysis of owner/renter breakdowns, age of housing, and vacant units.
Where appropriate, we will compare 1990 data against 2000 and available
2005 data to identify demographic and housing trends.
c) Information characterizing the degree of low- and moderate-income and
minority concentration will also be provided. We will examine poverty
characteristics by census tract within Iowa City.
Identification of Fair Housing Complaints
Using information from HUD, and from the Iowa Civil Rights Commission, we will
perform the following research:
a) An account of violations of anti-discrimination laws by public or private
entities within Iowa City filed with HUD and the Iowa Human Relations
Commission. To the extent that such information is available, these
Page 5
Task 5:
Task 6:
Task 7:
complaints will be broken down by municipality.
b) Contact will be made with agencies, such as those listed below, to determine
if there have been any complaints or problems with real estate practices in
Iowa City and that they are aware of, providing an evaluation of the fair
housing legal status:
. Iowa City Housing Authority
. Other appropriate offices in Iowa City, as necessary
We will identify trends and patterns. We will endeavor to explain the reasons
behind any such patterns. We will also review the City's procedures for responding
to complaints in the interest of ensuring accuracy, timelines, findings, and
resolutions.
Analysis of Employment Data
Using data from the U.S. Census, state employment data, the Chamber of Commerce
and local plans, information will be collected that locates major employment areas
within Iowa City, particularly in relationship to areas where there are concentrations
oflow- and moderate-income persons and racial/ethnic minority groups. We would
analyze economic conditions and trends, including unemployment rates,
employment by industry, composition of the workforce, wages, and largest
employers.
In addition, information regarding transportation services in the region will be
provided to determine how public transit service meets the needs of low- and
moderate-income persons and protected groups. A determination will be made if
low- and moderate-income housing is located in proximity to employment centers or
iftransportation is readily available to connect affordable housing and sources of
low- and moderate-income employment.
Evaluation of the local Human Relations Commission, Fair Housing Council,
or Community Housing Resource Board
a) Staffing levels
b) Duties and responsibilities
c) Number of complaints filed by category: i.e., employment, home purchase,
landlord-tenant complaints, etc.
d) Status of complaints filed: i.e., number resolved, in process, litigation, etc.
e) Frequency of board meetings
f) Outreach, publicity and educational sessions held.
Evaluation of Public Policies
a) The following reviews will be conducted:
b) Review of zoning ordinances and subdivision ordinances for Iowa City to
determine if they exclude or restrict group homes, certain racial and ethnic
groups, female heads of households, elderly, low- and moderate-income
persons, certain religious groups, and any other protected group from
Page 6
building, renting or living in certain areas.
c) Review of site selection policies and other housing construction requirements
in effect in the CDBG and HOME programs in Iowa City and used by the
Iowa City Housing Authority.
d) Review marketing and advertising materials and other housing literature used
by the City and its subrecipients.
e) Review administrative procedures for compliance with fair housing laws and
statutes.
Task 8: Review of Real Estate Practices
Interviews will be conducted with representatives from the local Board of Realtors
serving Iowa City. Information regarding fair housing education and training of
members will be obtained along with information regarding support offered by the
Board of Realtors to assist members in furthering fair housing practices in the sale of
real estate in Iowa City.
Task 9: Analysis of Private Financing
Using Home Mortgage Disclosure Act (HMDA) information, an analysis of lending
practices by banks and mortgage companies will be completed. The goal of the
analysis ofthe HMDA statements is to identify potential impediments to
homeownership in Iowa City. The analysis ofthe HMDA statements will focus on
the number of homeowner mortgage applications received by mortgage lenders in
the City for conventional home purchase of one to four family units by race, female-
headed households, and low- and moderate-income households, the total approved,
and the reasons for denial.
Task 10: Summary of Impediments to Fair Housing
This section of the AI will summarize the findings of our research. The summary
will be broken down into two major sections including public sector impediments
and private sector impediments.
Public sector impediments may include building and zoning codes, site selection
policies, availability and uniform distribution of services, demolition, displacement
and development activities, job creation and training, public transit services, public
agency cooperation, communication and coordination activities, selection of
members to public boards and commissions and housing assistance provider
policies.
Private sector impediments may include unfair real estate sales, housing brokerage
and real estate and management practices, discriminatory banking and insurance
policies, language/cultural barriers, accessibility barriers and the existence of any
mobility programs to encourage desegregation. We will identify any impediments to
fair housing choice, including any policies or procedures that are under the control
of Iowa City. If a public sector impediment to fair housing is identified that is NOT
under the control of City, we will identify the responsible party.
For both public and private sector impediments, we will identify the exact nature of
Page 7
any infraction and cite the specific federal or state statutory requirement that has
been violated. We will then define the impact ofthe infraction on the community,
its residents, and persons expected to reside in the community.
Task 11: Preparation of Initial Draft Analysis of Impediments report for review by the
City's Community Development staff, including an Executive Summary,
In this task, we will prepare a written report for review by the staff that incorporates
the results of our research. We will work with the staff to make required revisions to
the document. The AI will not be placed on public display until such time as the
staff is satisfied with the content of the report.
Task 12: Public Review of Draft AI
The draft AI will be placed on public display at local public libraries, a local
website, or other public locations that are typically utilized by the City for CDBG
and HOME outreach efforts. This action will provide citizens the opportunity to
review and comment on the draft report.
Task 13: Final revisions to Analysis of Impediments and publication of final report.
Based on public input received, M&L will make final adjustments to the AI
document and publish the final report.
Page 8
,\\ ~~~ I 091607 l
Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 07-?RLL
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND CITY CLERK TO ATTEST A CONTRACT FOR
THE NAPOLEON PARK CONCESSION AND RESTROOM FACILITY.
WHEREAS, Apex Construction of Iowa City, Iowa, has submitted the lowest responsible bid of
$255,025 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Apex
Construction, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The Parks and Recreation Director is hereby authorized to execute change orders as they
may become necessary in the construction of the above-named project.
Passed and approved this 18th day of September
,20 n7
e-u~
MAYOR
ATTEST: ~~~. k"~
CI CLERK .
Approved by .
_~I?L;t. ~~4JlfJJtJ
City Attorney's Office '9/r ;;Llo 7
It was moved by R;J; 1 Py and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
AYES:
x
x
x
x:
x
X
X
NAYS:
P&R1RES/napoleon concession award.doc
(b
SECTION 001113 - ADVERTISEMENT FOR BIDS
OWNER: CITY OF IOWA CITY
PROJECT: NAPOLEON PARK CONCESSION & RESTROOM FACILITY
NOTICE TO POTENTIAL BIDDERS;
Notice is given hereby that the City of Iowa City will receive sealed bids for construction of the
above project until 2:00 pm, local Time, on September 11, 2007.
The Project is described in general as: A 1700 SF Building for concessions, restrooms, and storage.
The building structure consists of CMU walls and wood-framed truss roof with standing seam metal
roof panels
Offers shall be on a stipulated sum basis for a General Construction Contract, including respective
mechanical and electrical work; segregated bids will not be accepted.
Bid Security in the amount of ten percent of the bid must accompany bid in accordance with the
Instructions to Bidders.
Bids will be received at: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240.
Bids will be opened and publicly read aloud immediately after the specified closing time. Bids
received after that time will not be accepted. All interested parties are invited to attend.
EXAMINATION OF PROCUREMENT DOCUMENTS:
Printed Procurement Documents may be obtained from the Architect's office upon depositing the
sum of $50.00 (refundable) for each set of documents. The deposit amount will be refunded within
ten calendar days following bid opening, provided complete sets of documents in satisfactory
condition are returned, postpaid, to:
Neumann Monson Architects, 221 E College Street, Suite 303, Iowa City, IA 52240.
Printed sets of Procurement Documents may be examined at:
Neumann Monson Architects
221 E College Street, Suite 303, Iowa City, IA 52240
Owner: City of Iowa City
City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240.
Construction Update Plan Room
521 3rd Ave. SW, Cedar Rapids, IA 52404
McGraw Hill Dodge Construction
474 First Avenue, Coralville, IA 52241
Dubuque Builders Exchange
801 Cedar Cross Road, Dubuque, IA 52003
Master Builders of Iowa
221 Park Street, PO Box 695 Des Moines, IA 50309
Construction Update Plan Room
1406 Central Avenue, Box T, Fort Dodge, IA 50501
North Iowa Builders Exchange
25 West State Street, Suite B, Box 1154, Mason City, IA 50401
1II0wa Builders Exchange
520 - 24th Street, Rock Island, IL 61201
Construction Update Plan Room
612 Mulberry, Waterloo, IA 50704
F.W. Dodge Corporation
939 Office Park Road, Suite 121, W. Des Moines, IA 50265
Marshalltown Construction Bureau
709 South Center, Box 1000, Marshalltown, IA 50158
OTHER REQUIREMENTS
Products and materials incorporated in the Work of this Project are Exempt from Iowa sales tax and
local option sales tax.
Performance Bond and Labor and Material Payment Bond will be required in the full amount of the
contract.
Work required by the proposed contract shall begin upon ISSUANCE OF THE OWNER'S "NOTICE
TO PROCEED"; the Work must be completed with all equipment placed in operation on or before
the completion date noted on the contractor's bid form, subject to an extension of time which may
be granted by the Owner.
Provisions in Articles 73.15 through 73.21 of the Code of Iowa seek to provide opportunities for
targeted small businesses to participate in the construction of this project. The Owner has
established a goal of five percent of the bid price for certified small businesses.
The Owner reserves the right to reject any or all bids, to waive irregularity in the bids and in the
bidding and to enter into such contract as shall be deemed to be in the Owners best interest.
SITE ASSESSMENT:
SITE EXAMINATION
Examine the project site before submitting a bid.
PREBID CONFERENCE
A bidders conference has been scheduled for 10:00 am on September 5, 2007 at the Parks Division
Building, 2275 S Gilbert Street, Iowa City, IA 52240.
All general contract and subcontract bidders are invited.
Representatives of the Owner and Architect will be in attendance.
Information relevant to the Bid Documents will be recorded in an Addendum, issued toSid
Document recipients.
END OF ADVERTISEMENT FOR BID
2
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Prepared by: Kent Ralston, Acting Traffic Engineering Planner, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5253
RESOLUTION NO.
n7-?85
RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KIMBALL
ROAD BETWEEN N. GOVERNOR STREET AND N. DUBUQUE STREET
WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the
purpose of considering neighborhood traffic calming projects; and
WHEREAS, the residents of Kimball Road between N. Governor Street and N. Dubuque Street, have gone
through the process of considering a traffic calming project according to the City Council's approved
procedure; and
WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming
program, and a 88% majority of the neighborhood has indicated they are in favor of speed humps; and
WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its traffic
calming program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The proposal for the installation of speed humps on Kimball Road between N. Governor Street and N.
Dubuque Street is hereby approved.
2. City staff is directed to proceed with the installation of speed humps on Kimball Road between N.
Governor Street and N. Dubuque Street.
Passed and approved this 18th day of
Septp.mhpr ,20...o.L-.
~LJkQ~
MAYOR
ATTEST: ~~,f. ~
CITY LERK
:Z:bY.~~
,/ . a.;/
City Attorney's Office '1 t/ ;:z.( d 7
It was moved by Correia
and upon roll call there were:
and seconded by
() 1 nrmn<>" the Resolution be adopted,
AYES:
NAYS:
ABSENT:
x
x
y
X
X
x
)(
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Jccogtp/reslkr-kimball rd.doc
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CITY OF IOWA CITY
MEMORANDUM
Date: September 12, 2007
To: City Council
From: Kent Ralston, JCCOG Acting Traffic Engineering Planner ~
Re: Item for September 18, 2007 City Council formal meeting: Proposed traffic calming on
Kimball Road
Kimball Road residents between N. Governor Street and N. Dubuque Street requested to be
considered for the City's Traffic Calming Program. The neighborhood has successfully
completed the required steps outlined by City Council, 85th percentile speeds were between
28.1 and 44.6 mph and volumes were between 1200-1400 vehicles per day.
One of the last required steps was to post signs in the neighborhood soliciting public comments.
Comments were also requested from City of Iowa City Police, Fire, Transit and Streets
Departments and Johnson County Ambulance Service.
I have received three comments from neighborhood residents who requested I forward their
opinions (attached). These residents are not in favor of the proposed speed humps. Also
attached is a comment from the Iowa City Fire Chief.
The attached resolution, if approved, will allow staff to proceed with the installation of speed
humps on Kimball Road between N. Governor Street and N. Dubuque Street.
cc:
Dale Helling
Jeff Davidson
John Yapp
Marcia Klingaman
Rick Fosse
Ron Knoche
,-:J
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Kent Ralston
From:
Sent:
To:
Subject:
Andy Rocca
Friday, August 31, 20074:47 PM
Kent Ralston
Proposed traffic calming project on Kimball Road between N. Governor Street and N.
Dubuque Street
Generally, I am opposed to the use of traffic calming measures on City streets, especially arterial and collector streets.
These measures slow all traffic down by design, including emergency response vehicles. However, I am sensitive to the
residents' concern of speeding traffic.
Perhaps, stepped-up enforcement of the existing posted speed limit should be pursued prior to the installation of the
proposed speed humps. I believe the use of speed humps to be an acceptable application of traffic calming on local
streets.
Thanks for the opportunity to comment on the proposal. ajr
1
Kent Ralston
From:
Sent:
To:
Subject:
mwstan@mchsi.com
Tuesday, September 04, 2007 6:22 AM
Kent Ralston
Speed Humps
619 Whiting Avenue
Iowa City, IA 52245
9/2/2007
Speed Humps on Kimball Road
Recently the city placed 4 speed humps on upper Kimball Rd in response to a petition from
individuals living along that street. Although I saw no reason for them I didn't object.
Now individuals along Kimball from Park Rd to Governor have petitioned to have speed humps
placed along that segment also.
For over 35 years I have driven Kimball and don't appreciate having to go over a number of
speed humps to get to and from my residence. When will this practice cease? Will a number
of Iowa City residential streets end up with speed humps in response to a few resident's
petitions or will there be a policy to put speed humps in place only for specific purposes
such as entrances to high schools. We have law enforcement to control speeding--we don't
need a city with speed humps on our residential streets especially on well traveled
streets and on streets where cars sometimes struggle in the winter to get up the Kimball
hill.
I think it is a mistake to put speed humps on our residential streets and ask that this
practice be severely curtailed and not be approved for Kimball road.
Thank you
William Stanford MD
(319) 331-3240
1
Page 1 of 1
Kent Ralston
From: Dstrawn06@aol.com
Sent: Wednesday, September 05,20072:27 PM
. To: Kent Ralston
Subject: kimball road
sir, i see the city is planning new speed bumps on kimball road and i believe you are the contact person listed. sorry if i am
wrong and could this be directed to the correct person if so? i was just wondering if that section of roadway was going to be
resurfaced first as it a rather rough section currently. the pavement is broken pretty much the whole way from the top of the hill
to dubuque street. why spend money on a section that should be resurfaced first? also, i travel that stretch almost daily to and
from work. in the winter months with alittle ice or snow it can be almost impossible to go uphill without losing traction and then
getting stuck and having to back down the hill to try it again or to take a different route. if a car loses momentum going up to slow
for the speed bumps it will get stuck. i have gotten stuck several times and have seen many more cars stopped half way up the
hill. i have also lost control going downhill when slippery ending up hitting the curb or grass at the bottom. i am unsure if speed
bumps are the correct measure due to the reasons listed. i wish i could come up with a better method to make the road safer but
i am unable to. afterall, safety is the most important issue here. thank you for your time, duane strawn, 1515 prairie du chien rd.
#10, Lc.. e-mail is dstrawnOQ@m~hslcol1}
Get a sneak peek of the all-new AOL.com.
9/10/2007
Page 1 of 1
Kent Ralston
From: rdf rdf [fergystuff@hotmail.com]
Sent: Monday, September 10, 2007 6:27 PM
To: Kent Ralston
Subject: Significant Concern
Hello Kent:
My name is Randy Ferguson, I live at 712 Kimball Road. My address is up the hill in the area where the humps where
installed a few weeks ago.
The humps have dramatically changed the feel of this end of the street. I am most grateful for the traffic calming
program, it has been an unqualified success.
I am looking forward to the prospect of also having the humps installed on the lower end of Kimball. However I have a
concern that I feel should be carefully considered. I feel VERY strongly that the far lower hump will beyond any doubt
be a significant problem in the winter time. If you were to visit that location you would see that area of the street has a
short section that contains the greatest incline....this is the very same location in which you would stall out in the winter
time when the street is slippery.... believe me it doesn't take a lot of snow for this to be a big problem area. If we are to
add an additional incline, even one with just an extra few inches, we are going to regret the decision.
When you stall out and have other vehicles coming up from below you can end up with a dangerous mess....this account
is from first hand experience.
The streets dept does an excellent job during inclement weather, however I can tell you that the area of the street in
question can be very difficult to navigate and that there are plenty of times when snow removal is not able to keep ahead
of the clearing that is needed for this particular area. If the snow is accumulating at a decent pace it just doesn't take
much to mess things up.
I would urge you to reconsider this hump....if it can't be moved up the hill where the incline is more favorable then
perhaps the lower hump should be eliminated all together. I have no doubt that if a hump is deployed in this location it
will be later deemed a winter time hazard.
I would appreciate your receipt of this concern and a response with your thoughts.
Thank You
Randy
Shgt~ur specifllparenting momentsl
9/11/2007
Page 1 of 1
Marian Karr
From: INSTEIN9634@aol.com
Sent: Thursday, August 30, 2007 5:37 PM
To: Council
Subject: Kimball Road Speed hump project/Attention Dave Penos/another unexplained event
Dear Council:
It appears that "NONE OF YOU" respond to questions directed to you.
Re: speed hump moved 30 feet to south of advertised /originallocation,with no public notice.
On 8/30/07 "ONE" out of "FOUR of the speed humps was repainted with "crushed glass".
VVhyjustone?????
Is It Perhaps that This Hump is The One that is closest to the "author of the original" petition for the speed
humps?
That would be the acting City Attorney Elanor Dilkes.
Other speed humps on this street are actually closer to intersections/driveways and were not also covered in
reflective crushed glass.2 of the speed humps were installed before the one in question.
Movement of speed hump with no logical explanation/special treatment of another speed hump,properties
closest to speed humps appear to belong to 10 out of 27 households.
Appears hinkey.
Can hardley wait for that newest council member that perhaps continues this planned/unplanned lack of
oversight.
Chris Dautremont (319)321-4614
Get a sneak peek of the all-new AOL.com.
8/30/2007
#/1
Marian Karr
From:
Sent:
To:
Subject:
Cameron Vanni [cvanni@cedar-rapids.net]
Monday, September 17, 2007 12:36 PM
Council
From C. Vanni
This correspondence will become a public record.
Dear Iowa City Council Members:
I am writing in support of the "traffic calming" humps proposed for Kimball Road from
Dubuque Street to Church Street (item number 17 on the September 18 agenda).
I am saying "yes" to safety for drivers, bikers and last but NOT least, pedestrians who
use Kimball Road.
When several Kimball neighbors met with the city traffic engineer in July, 2007 the speed
hump alternative was discussed in great detail.
Still, without seeing them
and/or driving over them it was difficult to know how effective this calming device would
be. (The city traffic engineer commented on the many factors that SHOULD
signal SLOW DOWN along Kimball Road but had not:
a. a steep incline
b. a couple of blind curves
c. numerous driveways
d. a narrow road
e. a sidewalk just inches from the street
Since then, Kimball Road from Governor to Whiting Avenue has added four speed humps to
that stretch. I have not only driven across them but on countless occasions
walked along the sidewalk morning, noon and night. What a difference
four little humps have made. The cars have done just as promised: they have slowed to a
more appropriate
25 miles per hour. I am especially pleased in the a.m. when the school buses are heading
toward Shimek School and lots of Kimball Road children are walking to school as well.
What was an unknown is now a success. Our "lower" stretch of Kimball Road needs equal
protection. It is ~ven narrower, steeper and curvier than the "upper" section with the
speed humps. It just makes sense to have an entire road protected for walkers, riders and
drivers alike.
The only alternative that I know would work 100% better is a pipe dream. Having police
cars using radar stationed along the road would indeed slow everyone down.
We all have felt our heart drop to our feet and our foot hit the brakes when passing a
stationed police car.
Please help us to protect Iowa City residents who use Kimball Road.
Yours,
Cameron R. Vanni
401 Kimball Road
Iowa City, Iowa 52245-5828
338-5628
1
~\I
Marian Karr
From:
Sent:
To:
Subject:
Cameron Vanni [cvanni@cedar-rapids.net]
Tuesday, September 18, 2007 7:24 AM
Council
From Cameron Vanni
This correspondence will become a public record.
I sent a letter yesterday related to number 17 on your September 18 agenda. In rereading
my letter I noted an error.
I mistakenly named the stretch of Kimball Road to be included in the traffic calming plan.
I meant Kimball Road between Dubuque Street and GOVERNOR STREET.
Apologies.
Cameron Vanni
401 Kimball Road
Feel free to call with questions:
338-5628
1
;f/-11
Marian Karr
From:
Sent:
To:
Subject:
Cameron Vanni [cvanni@cedar-rapids.net]
Tuesday, September 18, 2007 7:14 AM
Council
From Edna Pixley: Resident of Kimball Road, Iowa City, Iowa
This correspondence will become a public record.
Attention: Iowa City City Council
Re: Proposed installation of humps on Kimball Road, Gilbert to Governor(Item 17 on the
September 18, 2007 agenda)
FYI: The history of Kimball Road has been as a residence district, quiet and scenic.
In 1843 the U.S. gave a patent to Franklin Kimball.
In 1866 Franklin Kimball applied for a road to be established. The Board of Supervisors'
acceptance and order appears in the Road Book 4, page 489 and contains field notes and the
plot of Kimball Road.
Kimball gave 30 feet for the road.
December 8, 1925 an ordinance was passed defining the corporate territory and limits of
the city of Iowa City, Iowa including the properties and street know as Kimball Road.
April 26, 1929 ordinance #1520 was passed establishing Residence Districts and regulating
the use of property therein.
June 30, 1937 a zoning ordinance reaffirmed this zone known and designated as "A"
Residence District.
1958: Water and sewer were installed on the road.
1960: Kimball Road was paved and soon after a sidewalk was installed on the south side.
July 26, 1962: This zone was designated as RIA single family
zone (residential) The road was a dirt road from Gilbert St. to 428 Kimball Road where
concrete pavement began.
2007: This narrow, hilly road with limited sight curves is a speedway with a heavy traffic
volume not suited for the residential street. It is dangerous for residents attempting to
exit their driveway, for people of all ages walking, for cyclists and for animals
attempting to cross. This area has deer, coon, opossum, feral cats, squirrels, chipmunks,
rabbits, etc. Frequently, I have removed small deal animals that have been struck by
vehicles.
While it is recognized that this is a public thoroughfare, some drivers have not been
observing the speed limit nor driving proper and reasonable speeds for the circumstances.
In July 2007 more than 80% of the streets' forty residents agreed to try "humps" for a
year in an effort to have some traffic control hopefully that will alleviate this
situation.
Please approve the installation of the "humps."
Respectfully,
Edna E. Pixley
311 Kimball Road
Iowa City, Iowa 52245
1
Page 1 of 1
~\\
Marian Karr
From:
Sent:
To:
Bellew, Angela A [angela-bellew@uiowa.edu]
Tuesday, September 18, 2007 10:03 AM
Council
Subject: Kimball Road traffic calming
Dear Council Members:
As you prepare to make a decision tonight regarding traffic calming measures on Kimball Road, I would
urge that you vote in favor of installing the speed humps. I have lived on Kimball Road for slightly
under two years, and there were five accidents (four of which were reported) in the first sixteen months
within one block of my home; one was literally in my front yard. I do not know about the rest of
Kimball Road that heads down the hill to Dubuque Street, but it is my guess that area sees more than its
fair share of speeding vehicles and/or accidents as well.
It is my hope the installation of the speed humps will force people to drive at a reasonable speed. Ifit
happens to deter large-load vehicles (such as beer trucks, construction vehicles hauling large equipment,
etc.) from using Kimball Road as a through street, all the better. The narrowness of the road combined
with the proximity of the sidewalk to the street is a concern of pedestrians who regularly walk on
Kimball Road. Please vote to install the speed humps. They can only make this wonderful
neighborhood safer.
Sincerely,
Angela Bellew
506 Kimball Road
9/18/2007
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New Seasons is a trademark of Publications International. Ltd.
Copyright @ 2002 Publications International, Ltd. All rights reselVed.
Any commercial use of this note card by selling it as a print. framed or unframed,
Vl' .1 of!.. is strictly prohibi~d.
()-y- r' l^ I 9982277
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Prepared by Dale Helling, Interim City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010
RESOLUTION NO. 07 226
RESOLUTION IN SUPPORT OF STATE LEGISLATION ALLOWING LOCAL
CONTROL OF SMOKING IN PUBLIC PLACES.
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
indoor air pollution, and that breathing secondhand smoke (also known as environmental
tobacco smoke) is a cause of disease in healthy non-smokers, including heart disease,
stroke, respiratory disease, and lung cancer; and
WHEREAS, secondhand smoke is a Class A carcinogen containing over 4,000
chemicals, 200 of which are known poisons and 50 of which are known to cause cancer;
and
WHEREAS, secondhand smoke kills 50,000 to 60,000 Americans every year from heart
disease and lung cancer; and
WHEREAS, the U.S. Centers for Disease Control and Prevention has issued a warning
that anyone at risk for heart disease should avoid entering smoke-filled environments;
and
WHEREAS, employees should not be forced to risk their health through exposure to
dangerous and deadly toxins and carcinogens in their workplace; and
WHEREAS, according to the U.S. Surgeon General, the only way to fully protect
employees and the public from the hazards of secondhand smoke is to create smoke-
free environments; and
WHEREAS, local and state governments throughout the country have successfully
passed smoke-free air laws to protect people against the harmful effects of secondhand
smoke; and
WHEREAS, the City Council desires to protect the health, comfort and working
environment of its residents and employees as they may be affected by smoking in
various public places in the City; and
WHEREAS, the General Assembly of the State of Iowa has not provided cities the legal
authority through legislation to pass local smoke-free policies.
NOW THEREFORE BE IT RESOLVED THAT:
The City Council of the City of Iowa City hereby request the Iowa General Assembly
pass legislation allowing local control of smoking in public places and the Governor of
the State of Iowa sign said legislation.
Resolution No.
Page 2
07-286
Passed and approved this -1..8..th day of September
By ~(AJj~TTEST
Mayor
,2007.
h1A~~__) ~ ~
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Approved by
C-:-:.....- ~ - - ~
~~ ~_ft)-0,.
City Attorney's Office
It was moved by Rail ey and seconded by c.orn>i ::I the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Elliott
x O'Donnell
x Vanderhoef
x Wilburn