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Home My WebLink About2007-11-27 Resolution ~ I 4c(6) 11-27-07 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-325 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Club Car - 122 Wright Street Passed and approved this 27th day of ,20 07 (~J ^-~~ ~z ~YOR ATTEST: );~ -i'. ~ CI CLERK Approved by ~~ \,S--O~ City Attorney's Office It was moved by C:orre ia and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: -----X- x --1L- NAYS: ABSENT: _ Bailey ----'- Champion Correia - ~ Elliott O'Donnell Vanderhoef Wilburn -----X- x ----1L- ~ IJ:: Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 07-326 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, SPECIAL PROVISIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL PROJECT STP-E- 3715(635)-8U-52. DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 11111 of December, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted.. by the City Cleric 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, special provisions, form of contract and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Engineer for public inspection. Passed and approved this 27th daYOfQ~l j~ - MAYOR ATTEST: ~ t(. ~~ CI LERK Approved by xtq~~ City Attorney's Office "/1' /d7 PwenglreslCourtHillTrailimprovsetph.doc 11/07 Resolution No. Page 7 07-326 It was moved by Correia and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X x X X ~~ I ~f<iL Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-327 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1303 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA AND AT 1319 PRAIRIE DU CHIEN ROAD. WHEREAS, Patricia I. Van Eck ("Mortgagor") executed three mortgage in favor of the City of Iowa City, a mortgage dated October 22, 1996, recorded on October 28,1996 at Book 2176, Pages 268- 274; a mortgage dated October 22, 1996, recorded on October 28, 1996 at Book 2176, Pages 275-279, and a mortgage dated December 17,1997, recorded on December 18, 1997 at Book 2390, Pages 83-87; WHEREAS, said three mortgage were to secure loans provided by the City to Mortgagor for rehabilitation on her home locally known as 1319 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, said mortgages contain a legal description for property locally known as 1303 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, Mortgagor owns the property locally known as 1319 Prairie du Chien Road, Iowa City, Iowa and the property locally known as 1303 Prairie du Chien Road, Iowa City, Iowa; WHEREAS, the City's and Mortgagor's intent was to encumber 1319 Prairie du Chien Road, Iowa City, Iowa, not 1303 Prairie du Chien Road, Iowa City, Iowa; and WHEREAS, on December 20, 2006 Mortgagor, with the consent of the City, attempted to correct the legal description by executing three amended mortgages to encumber 1303 Prairie du Chien Road, Iowa City, Iowa rather than 1319 Prairie du Chien Road, Iowa City, Iowa, but Mortgagor instead executed the same amended mortgage three time and thus only amended one of the mortgages; WHEREAS, two of the loans have now been fully paid; WHEREAS, on November 1,2007, Mortgagor executed an amended mortgage for the loan that remains outstanding, which was recorded on November 9,2007 at Book 4234 Pages 799-800; and WHEREAS, the two mortgages which secure loans that have been paid and the three amended mortgages recorded on December 20, 2007 should be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Two Mortgages for recordation, whereby the City does release the property located at 1303 Prairie du Chien Road, Iowa City, Iowa and 1319 Prairie du Chien Road, Iowa City, Iowa from the mortgage dated October 22, 1996, recorded on October 28, 1996 at Book 2176, Pages 268- 274; the mortgage dated December 17, 1997, recorded on December 18, 1997 at Book 2390, Pages 83-87; and the three Amendments to Mortgage all Resolution No. 07-177 Page 2 recorded on December 20, 2006 at Book 4112, Pages 796-797; at Book 4112, Pages 798-799; and at Book 4112, Pages 800-801. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Mortgages, said recording costs to be paid by the City. Passed and approved this 27th day of Novemher ,2007 ATTEST: ~ K. ka-u/ CI LERK ~LdL M~ OR. APprov~ ~ \( _ I~. -CJ1- City Attorney's Office Resolution No. Page 3 07-327 It was moved by Correia and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x X X ABSENT: V;milprnopf the Resolution be x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RELEASE OF TWO MORTGAGES The City of Iowa City does hereby release the property at 1303 Prairie Du Chien Road, Iowa City, Iowa, and legally described as follows: Commencing at the Northeast comer of Lot 10 in Whiting Addition to Iowa City, Johnson County, Iowa; thence easterly along the South lines of Lots 15 and 16 of said Whiting Addition, 140 feet to the West line of Prairie du Chien Road; thence southerly along the West line of Prairie du Chien Road 60 feet, thence westerly 140 feet to the Southeast corner of said Lot 10; thence northerly along the East line of said Lot 10 to the point of beginning, subject to easements of record. The City of Iowa City does hereby further release the property at 1319 Prairie Du Chien Road, Iowa City, Iowa, and legally described as follows: Commencing at the Southeast comer of Lot 14 in Whiting Addition to Iowa City, Johnson County, Iowa; thence northerly 66.66 feet along the East line of said Lot 14; thence Easterly 140 feet to a point on the West line of the Prairie du Chien Road 240 feet South of the Southeast corner of Lot 16 of said Whiting Addition; thence Southerly along the West line of the Prairie du Chien Road 73.32 feet; more or less, to the South line of the NEl/4 of Sec. 3, Twp. 79N, R. 6 West of the 5th P.M; thence Westerly along the South line of said NE I /4 140.20 feet to the point of beginning. from financial obligations of the property owner, Patricia I. Van Eck to the City of Iowa City in the principal amounts of: . $3,990.00 represented by a Mortgage dated October 22, 1996, recorded on October 28, 1996 at Book 2176, Pages 268-274 ofthe Johnson County Recorder's Office; and . $930.00 represented by: . Mortgage dated December 17, 1997, recorded on December 18, 1997 at Book 2390, Pages 83-87 of the Johnson County Recorder's Office; . Amendment to Mortgage recorded on December 20,2006 at Book 4112 Pages 796-797 of the Johnson County Recorder's Office; . Amendment to Mortgage recorded on December 20, 2006 at Book 4112, Pages 798-799 of the Johnson County Recorder's Office; and . Amendment to Mortgage recorded on December 20,2006 at Book 4112, Pages 800-801 ofthe Johnson County Recorder's Office. The City of Iowa City does not release said property, locally known as 1319 Prairie Du Chien Road, Iowa City, Iowa, from an additional obligation of the property owner contained in the Mortgage dated October 22,1996, recorded on October 28,1996 at Book 2176, Pages 275-279 of the Johnson County Recorder's Office and the Amendment to Mortgage dated November 1, 2007, recorded on November 9, 2007 at Book 4234, Pages 799-800 of the Johnson County Recorder's Office. By: CITY OF IOWA CITY, IOWA ~u~L Ross Wilburn, Mayor BY:~~ k. ~ . an K. Karr, City Clerk Approved by ~~~ \f-ir-CJt City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~ day of /\'\bl..)fM.BE.R. ,2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by. authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. i SONDRAEFORT o ~ Commission Number 159791 . . My Commission ires ow ~ S~. Ve-rb NotaIy Public in and for the State ofIowa ~~ Cl!r Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-328 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF A MORTGAGE FOR THE PROPERTY LOCATED AT 2504 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 26, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan to purchase six (6) lots; and WHEREAS, the loan for one of the lots has been repaid; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. 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 Partial Release of Lien for recordation, whereby the City does release the property located at 2504 Aster Avenue, Iowa City, Iowa from a Mortgage, recorded July 3, 2007. Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. Passed and approved this 27th day of November ,20.-OL-. ~u.'L ~ M YOR ATTEST: ~_....__.) ~~ k,...A.J CI ERK Approved by ~~ ((-rr-O'.). City Attorney's Office It was moved by Correia and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: NAYS: ABSENT: x x x Bailey Champion Correia x Elliott O'Donnell Vanderhoef Wilburn x x x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City PARTIAL RELEASE OF LIEN The City of Iowa City does hereby release the property at 2504 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 24, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage, recorded July 3,2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~~ MAYOR ATTEST: 1re~ ;;{/. ~ CI LERK Approved by ~~ City Attorney's Office Ll' (J-C7~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .;)7 .f~ day of ~-P...M.M;12 ,A.D. 20..El, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the i'lstrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 07". 3zi adopted by the City Council on the ,;)7+1. day Nt>oJEN\R.I:<t. , 20 0 7 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONDRAE FORT ~ '\ Commission Number 159791 . . My Commission Expires ow _.!3 .:2 ~. F~-b Notary Public in and for Johnson County, Iowa ~ r::r: Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 07-329 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FY06 CELL CONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill FY06 Cell Construction Project, as included in a contract between the City of Iowa City and J. B. Holland Construction, Inc. of Decorah, Iowa, dated August 15, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,354,635.73. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 27th day of November ,20 07 ~(~;f)~- MAYOR - Approved by ATTEST: ~ #.' ~~ CITY ERK ~:d-.~.~ City Attorney's Office I' ~r/~) It was moved by r.nrrp;;c1 and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x -x- Bailey Champion _ I Correia X Elliott O'Donnell Vanderhoef Wilburn x X X pwenglresllandfill FY06.doc ~ ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB07-00009) RESOLUTION NO. Cl7-))Cl RESOLUTION APPROVING THE FINAL PLAT OF CARDINAL POINTE SOUTH - PART ONE AND PART lWO, IOWA CITY, IOWA. WHEREAS, the owners, Clear Creek, LLC. and The Crossing Development, LC., filed with the City Clerk of Iowa City, Iowa, the final plat of Cardinal Pointe South - Part One and Part Two, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Cardinal Pointe South - Part One: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N00036'36"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 773.45 FEET, TO THE POINT OF BEGINNING; THENCE N44052'16'W, 218.98 FEET; THENCE S79028'14"W, 277.09 FEET; THENCE S27028'52'W, 50.00 FEET; THENCE SOUTHWESTERLY, 39.91 FEET, ALONG A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.81 FOOT CHORD BEARS S71044'45'W; THENCE SOUTHWESTERLY, 101.82 FEET, ALONG A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 100.39 FOOT CHORD BEARS S42040'45"W; THENCE S59020'52'W, 175.26 FEET; THENCE N30039'08"W, 50.00 FEET; THENCE S59020'52'W, 205.07 FEET; THENCE SOUTHWESTER~ Y, 34.28 FEET, ALONG A 175.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 34.22 FOOT CHORD BEARS S53044'12'W; THENCE S48007'32'W, 89.11 FEET, TO A POINT ON THE EASTERLY LINE OF THE TRACT OF LAND DEPICTED ON THE ACQUISITION PLAT OF SURVEY, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 128, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S59020'52"W ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE NORTHWESTERLY, 31.42 FEET, ALONG SAID EASTERLY LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08"W, ALONG SAID EASTERLY LINE, 286.27 FEET; THENCE NORTHWESTERLY, 366.81 FEET, ALONG SAID EASTERLY LINE, ON A 660.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.11 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EASTERLY LINE, 420.64 FEET; THENCE NORTHWESTERLY, 179.41 FEET, ALONG SAID EASTERLY LINE, ON A 2550.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.38 FOOT CHORD BEARS NOoo49'29'W; THENCE NORTHEASTERLY, 62.65 FEET, ALONG SAID EASTERLY LINE, ON A 40.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.44 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EASTERLY LINE, 20.03 FEET; THENCE N03006'18"W, ALONG SAID EASTERLY LINE, 33.00 FEET, TO THE NORTHEAST CORNER THEREOF, AND A POINT ON THE SOUTH LINE OF PARCEL 2005-004, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGES 89-90 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N86053'42"E, ALONG SAID SOUTH LINE, 43.59 FEET; THENCE NORTHEASTERLY, 244.97 FEET, ALONG SAID SOUTH LINE, ON A 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.36 FOOT Resolution No. 07-330 Page 2 CHORD BEARS N79052'37"E; THENCE SOUTHEASTERLY, 633.83 FEET, ALONG SAID SOUTH LINE, AND THE SOUTH LINE OF PARCEL 2005-005, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 89-90 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, ON A 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.27 FOOT CHORD BEARS S88058'59"E; THENCE SOUTHEASTERLY, 243.11 FEET, ALONG THE SOUTH LINE OF SAID PARCEL 2005-005, ON A 750.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 242.05 FOOT CHORD BEARS S80006'42''E; THENCE S89023'52"E, ALONG SAID SOUTH LINE, 9.11 FEET, TO ITS INTERSECTION WITH THE WESTERLY LINE OF CARDINAL RIDGE - PART THREE, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51, AT PAGE 14 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOoo36'32'W, ALONG SAID WESTERLY LINE, 32.26 FEET; THENCE S89023'28"E, ALONG SAID WESTERLY LINE, 5.00 FEET; THENCE SOUTHEASTERLY, 31.42 FEET, ALONG SAID WESTERLY LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S44023'28"E; THENCE SOoo36'32'W, ALONG SAID WESTERLY LINE, 111.03 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE S89023'28"E, ALONG THE SOUTH LINE OF SAID CARDINAL RIDGE - PART THREE, A DISTANCE OF 50.00 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, AND THE WEST LINE OF CARDINAL RIDGE - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 50, AT PAGE 55 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOoo36'36'W, ALONG SAID EAST AND WEST LINES, 842.28 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 31.36 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Cardinal Pointe South - Part Two: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE NOoo36'36"E, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, 371.76 FEET, TO THE POINT OF BEGINNING; THENCE S59057'49'W, 654.09 FEET; THENCE S89025'22'W, 300.30 FEET, TO A POINT ON THE EASTERLY LINE, OF THE PARCEL DEPICTED ON THE "ACQUISITION PLAT OF SURVEY", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 49, AT PAGE 128, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY, 379.98 FEET, ALONG SAID EASTERLY LINE ON A 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.03 FOOT CHORD BEARS N16019'46'W; THENCE N30039'08'W, ALONG SAID EASTERLY LINE, 30.91 FEET; THENCE NORTHEASTERLY, 31.42 FEET, ALONG SAID EASTERLY LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE N30039'08'W, ALONG SAID EASTERLY LINE, 60.00 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF CARDINAL POINTE SOUTH PART ONE, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE N48007'32"E, ALONG SAID SOUTHERLY LINE, 89.11 FEET; THENCE NORTHEASTERLY 34.28 FEET, ALONG SAID SOUTHERLY LINE, ON A 175.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 34.22 FOOT CHORD BEARS N53044'12"E; THENCE N59020'52"E, ALONG SAID SOUTHERLY LINE, 205.07 FEET; THENCE S30039'08''E, ALONG SAID SOUTHERLY LINE, 50.00 FEET; THENCE N59020'52"E, ALONG SAID SOUTHERLY LINE, 175.26 FEET; THENCE NORTHEASTERLY 101.82 FEET, ALONG SAID SOUTHERLY LINE, ON A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 100.39 FOOT CHORD BEARS N42040'45"E; THENCE NORTHEASTERLY, 39.91 FEET, ALONG SAID SOUTHERLY LINE, ON A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 35.81 FOOT CHORD BEARS N71044'45"E; THENCE N2r28'52"E, ALONG SAID SOUTHERLY LINE, 50.00 FEET; THENCE N79028'14"E, ALONG SAID SOUTHERLY LINE, 277.09 FEET; THENCE S44052'16"E, ALONG SAID SOUTHERLY LINE, 218.98 FEET, TO THE SOUTHEAST CORNER THEREOF, THE WEST LINE OF CARDINAL RIDGE PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 50, AT PAGE 55, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE SOoo36'36'W, ALONG SAID WEST AND EAST LINES, A DISTANCE OF 401.69 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 13.69 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Resolution ..: No. 07 :nO Page 3 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conform with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The final plat of Cardinal Pointe South - Part One and Part Two, Iowa City, Iowa located on the above-described real estate is hereby approved. 2. The City accepts the dedication of the street, easements as provided by and specifically sets aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 27th day of November , 20JlL-. ~CJ~ ATTEST: }Jr'~f ~ CI CLERK Approved by ;tt:&~~ City Attorney's Office It was moved by O'Donnell and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Correia x Elliot O'Donnell Vanderhoef Wilburn x X X pcdIstaff reportireslfinal-resSUB07 -00009.doc ~v STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar, Associate Planner Item: SUB07 -00009 Cardinal Pointe South Date: October 18, 2007 - Part One and Part Two GENERAL INFORMATION: Applicant: The Crossing Development, LC 755 Mormon Trek Boulevard Iowa City, IA 52246 (319) 337-4197 Contact Person: Glenn Siders 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: (319) 337-4197 Requested Action: Subdivision Final Plat Purpose: Development of a 39-lot residential subdivision Location: East of Camp Cardinal Boulevard and south of Kennedy Parkway Size: 45.04 acres Existing Land Use and Zoning: OPD-8, ID-C01, and ID-RS Surrounding Land Use and Zoning: North: Undeveloped - Residential (R1 B, Coralville) South: Undeveloped (ID-ORP) East: Residential (OPD-5 and ID-ORP) West: Undeveloped (ID-ORP) Comprehensive Plan: Low-density residential, Office and Research Park (Clear Creek Master Plan) Neighborhood Open Space District: Clear Creek (NW1) File Date: September 27, 2007 45 Day Limitation Period: November 12, 2007 (subject to submittal of legal papers) 60 Day Limitation Period: November 27,2007 (subject to submittal of legal papers) BACKGROUND INFORMATION: The applicant, The Crossing Development, LC, recently received approval for the planned development overlay rezoning and a Preliminary Sensitive Areas Development Plan for this 45.04- 2 acre property, located east of Camp Cardinal Boulevard and south of Kennedy Parkway. As part of the planned development, the applicant proposed a mix of small lot detached as well as attached single family dwellings and town house style multi family dwellings. The subdivision also included a 1.59-acre lot for potential future office-commercial type development, two outlots reserved as open spaces and one outlot set aside for future development. The applicant is now seeking approval of the final plat for this subdivision in two parts. Part one will contain the 18 single-family lots, two multi-family town-house style lots, the potential future commercial lot, and three outlots on approximately 31.37 acres of land. Part two of the subdivision will contain one large lot for a cluster of seven town-house style multi-family buildings, 17 zero-'Iot- line lots with attached single-family dwellings and Outlot D, which is designated for use as private open space. ANALYSIS: Compliance with Preliminary Plat: Except for a few minor changes in the lot dimensions and adjustment in the lot boundaries Cardinal Pointe South - Part One of the subdivision remains similar to the previously approved preliminary plat and complies with the code requiremer:lts. The changes to lot dimensions are being proposed for consistency in lot layouts. Changes are also being proposed to the lot configurations of most of the zero-lot-line lots in Cardinal Pointe South - Part Two. At the time when the Planned Development was approved, the subdivision included 17 zero-lot line single-family dwellings in the southern section and the applicant had proposed to build 16 attached zero-lot line single-family houses and a detached zero-lot line single-family house on these lots. Instead of the previously proposed configuration of a attached two-unit single-family building on lot 22 and 23, and a detached single-family building on lot 24, the applicant is now proposing to build a three-unit building on these reconfigured lots. The applicant is also proposing to reduce the width of most of the zero-lot-line lots by 3 to 5 feet and as such lots 25 through 38 have been moved to the west. The applicant indicates that a three-unit building would be a better fit for the three lots (# 22, 23 and 24) and, except for lot 23, all the lots meet the code standards for minimum setbacks. The applicant has provided a building layout plan for lots 22-24, showing a building with a footprint of approximately 50 feet x 120 feet. The front elevation submitted shows adequate variation in the building plain. The garages for two of the end units face to the side and only the garage for the central unit faces the street. This configuration achieves the intent and goal of the code standards in creating a streetscape that is not dominated by garages. Staff concurs that the proposed reconfiguration of lots 22, 23 and 24 is consistent with the approved planned development and believes that the changes can be considered as part of the administrative review of the Final Planned Development Plan. Staff also finds that despite the changes proposed, the overall design of the subdivision is consistent with the previously approved preliminary planned development plan. Most of the environmentally sensitive areas on the property, including the regulated slopes, woodlands, wetlands, drainageways and their associated buffers are located within the outlots. Construction limit lines have been shown on the final plat to demarcate the extent of development activity on all the lots and outlots where sensitive areas exist. The applicant is dedicating Outlot B-approximately 5.26 acres-to fulfill the neighborhood open space dedication requirement. Outlots A and D are set aside as private open spaces to be maintained by a homeowner association. Outlot C has been reserved for future residential development.' In addition to these Olltlots, lot 39 contains shared private open space. Per section 3 14-3A-4-J of the code, the legal papers should address the issues related to the maintenance of the private open spaces-Outlot A and D, and common open space on lot 39-though a legally binding instrument setting forth the procedures to be followed for maintaining the private open space and for financing maintenance costs. The construction drawings have been submitted and are being reviewed by the City Engineer. The legal papers have not been submitted. Traffic implications: The proposed planned development is accessible from the newly constructed Camp Cardinal Boulevard which connects to Melrose Avenue on the south. The development would also be accessed on the north through the proposed extension of Kennedy Parkway from the east. Two new streets-Ryan Court and Preston Lane-have been proposed as part of the subdivision. To ensure orderly development and to provide adequate connectivity to the adjoining existing development, a conditional zoning agreement was required at the time the rezoning of this property. The conditions are: 1. the section of Kennedy Parkway between Camp Cardinal Road and Caomp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval 2. installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. this section of Kennedy Parkway will be constructed prior to January 1, 2010, when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South, whichever occurs first 4. if the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 2010, issuance of building permits will cease for Cardinal Point South subdivision These terms should be addressed in the legal papers for the final plat. Storm water management: The subdivisions will be served by the regional stormwater management basin constructed on the west side of Camp Cardinal Boulevard. Infrastructure fees: The proposed planned development is subject to the water main extension fee of $395 per acre (a total of $17,790.80 for 45.04 acres) and sanitary sewer tap on fee of $570.98 per acre (a total of $25,716.94 for 45.04 acres). Payment of these fees should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that this SUB07-00009, final plat of Cardinal Pointe South Part One and Part Two, a 45.04-acre, 39-lot residential subdivision located east of Camp Cardinal Boulevard and south of Kennedy Parkway be approved subject to construction drawings and legal papers being approved prior to Council consideration. DEFICIENCIES AND DISCREPANCIES: Legal Papers 4 ATTACHMENTS: 1. Location Map 2. Final Plats 3. Exhibit showing details of the lot layouts in Cardinal Pointe South - Part Two 4. Building elevation for lots 22-24 Approved by: ~. Robert Miklo, Senior Planner, Department of Planning and Community Development pcd\slaff reportslsub07 -00009 cardinalpoinlesouth-part1-2_finalplal.doc CITY OF IOWA CITY ~ - P2 UNIVE:RSITY of IOWA SUB07 -00009 r~~.. D-RS RR1 Vl f- ~ :::J w f- <{ '" e [L '" o u >- f- U <{ 30 o L.- a >- f- U # lito lIrilllll_ Parts One and Two Cardinal POlnte South, SITE LOCATION: LEGEND AND NOTES .. - 0llN0RESSl0NN. CClltNEJII. FOLNJ . - PIlOPOtT'l' CORfO(S). F'OUND (~tr.... PIII.....LS Cap.... n:r.n .......notllllottMrwllill) o - PlICftRTY<XJIIlNOtS SET (vrIl9lPIII.I.....~~LSCGp _____ with ~) - f'RClPDtTY a/_ lIOUNDAAY UES -----CllMGRESSlllNALSECTIClNUI€'S -...-.....--....-- RIGHT-OF-WAY UNES - - --ctNTDtUNES - lor LNS. lNlERMAL - --LOTLMS,l'l..AntDClfll!lYoatI ---- --- - --- EASalENTUNES. 'IlOlH a PURPOSE NOTED -------------------- - EXlSTM EASDIOIT L.JoIES, ~ HOTED ~:\ ::~= ~2 - ClJlM SECUOIT NUWlIER lII.DSII01EDO~#UIlI<<NSOlSNI(lNFtElNClIUllllEll1H5 FINAL PLAT CARDIRAIIPOmll'B BOu..t'R PAR" 0.. IOWA CITY, IOWA 31.36 ACRES M M . CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONIIENTAL SPECIAIJS1S 11178. GlL.BERrST. IOWACITY.IOWA.IZMO ,",Ill"'- _._.not 5l'I1CST.SWSUlTED CEDMlW'lDS,lOWAlDOOl (311) 14'-6'. tlotel~ 10.04-01 PER GDM REVIEW .JDM lo.12.a1 PlRaTYlW'fCDlllBftl ~ FINAL PLAT ~ "- teNIA CITY !? JOHNSON COUNTY 0 toNA : MMS CONSULTANTS. INC. ~ ~, 09-17"()7 ~ ~bJ' "'-'cIl!Sook"" ~ DAM ~ ~tlljo ~. .... RLW -=100' Z' ~ bjo !twet tb. on . GDM 1 ~ ProJl'"Nch ~ IOWA CITY ~ 2265257 ;;;: 1~ CARDDt'AII PO&,n.&-_ BOu.wH PAR'!' 0.. sa:. 1J.TlIIIlllW lIE '_'14 sa:. 1J.TlIIIlllW I!E ,_ '14 k !E l.,..tlf,thatdur~...monttools.pt......2001.ottlledlrKtianofSCUth9ate ~ICo...awwy_"*"'.......IIt)'............of.PartianDf_~ o...n..... ttwNar_ 0.-1_, IIlIWII II Port... oIlM~ 0.-. """'"--l Ouort. all 01 s..:tlon 12. TCJOlMhlp 79 Nonh. Itonqe 7 *-to of Ute rltth Princlpcll .....idian,IoftClty,..ww.-.eo...ly..........................of-"idlar.__a..d.. - ~at"'Ec.t o-w c:.- of SId... 12. T--. "Marth.... 7 Wnt, of ttM ntlh Pr~......id*I; n..-MOO"3ll'3&"t:,~ t/leEOItl_oofttoeNortll-.l ::'~:;,~t.~~'~dI.a~~~.:i.: ~PokI~~~OCl~ =:"'I1~.:..::..'"in~~:-:=t ~.....~ ~ ~~ 1~OO fool racIu. _... __ Nort/I_I.-ty. ..._ 100.39 facrt I;ft<<Cl Mr.I S4T4O'~!5" ~ SM2O'!52"w. 17S.2I fMt: lMnw N3O"Jt'ort, !5O.OCl '-t n-c:. ~w. 2m.07 fwt; n.- Sau1~Wly, 3UI ... GIang 0 1~00 tool rodW ........... _ Southeast...y. __ 34.22 foot dlord ~ S!53'44',2-" T~ S48V7'32"W.M.ll '-I. 10 a PainI on IIleEOIWIJLine'" tho T.$totlllnd ~an 1Ile~IanPlololSurwy,iII~titlllIwPlot.....,....IoPlol8oel4t. oIP.,21.oIl.........oIl...""""'-c...I'~.sOffa;""'-~ ......,[.....,.u....2Cl.1lO1..t;.....~lU2Mt,.....IIIidEoltMru....... 2Cl.DOfCIot......__IIoru-t.-l)',.....28.28.......chardlMQnN7!l..~ n-c:. N>>'l!'OrW. oIOftII said E.Wly I.ho, aU1 '-t; 1hollc. fiI<<th~ XiU1 1wt.llIIGn'Jsald['-"'ytJno.on06&O.OOfoot~__~.ty, ___ 312.11 IDol dIon:l ~s NI~'4]'W. TllonoI tel1nlt:. GIang said E....w1' tJM. 420.64Mt;Thorlce~y,11ll.41IMt,GlangIlllidE"""'yLine,0Il02!il!5O.QO loot .....--._Sou1hNottr1y, __'llI.38footdlon:l~NOlr4!t29"W; n..-~.t.. 62.6!5Ieet...., IIIIid Eaetw1y~.. 0 4C.0Cl1oat,-..-... .....-s..-~ _ !lU4 toot dIon:l ~ lM21It"3l"t:; lhoncollll'53'42"t,....... .0:1 E......, u... 20.03 ....; n-c. NO.ro6'ln oIon9 IIIIid [oot.., ~ 3J.oa f..t, to tho N"""-l Cor... _..... _ o""t.. tIw South u.. ofPO'COI2005-OlM. ill ___... till Plot u..-f"--*,,.. Plot &oak 4e, 01...... __toilf...___ 01 till........ Caoin1ybc:orOll'sotb: TMnce"'~4l"'E......, said Soartn l.M. ~:l:5i ....;l'-<:eNortMorlBlll>244.I1het,aIontsaidSOUthUoe,anollll11.DOtool......... CUIW. conca... /r(orl"-t.ty, __ 24-4.36 foal d'IonI ~ N19"!52'37"'E; -n..r.... ~6JUl"'" '*"'9S111cl Soullllft, ntlleSoutllLl...oIl'c1rC111~_ iI~~"'PIot tIlIftGI"-'orlllcl ill'Iot.... 49. ot",.1O 01 tlwlltcnl of the .kIIln... CoIIn1y RK<<d.-'. OffIce. on 0 1000.00 foot .odiIIs CIlO'W, _ SOUlll...... __ 123.27 foul dwd ____ SM"5I'!5t"t: n-c. s..u-t.... 243,11 fsd,....... s....tllliM of...,....". 2005-005, ana 7!5O.0Cltool.... -. conaIlIIf ~\L __ ~2.0& IDol chard bwrs SIO'III'42"t: n-c. 5lln3'!52"L aIcInlJ said SouttIl.... t.n lMt, 10 Its iI~ olth tho IissIsrI, LN of Ca<diIlOI flilll)s - Port TIlrM. iI____ ol1t\tllsl'lol_eofR<<<<dsclInPlot BooII$l. at PoIjs 14 of tM 11:_ d tM ~ c-tf ~'. Offio::w; 1IMnee SllO'J&'J2"W, alang "" w.t.t, \.ine, 32.2fi,..t; n._SI9':23'2et:. 01""9 IIIIid w-twlyliM, 5.00 feet; n...ct SOUt~..31.42fest,,,,,,",saidw..t.l1yu...ana20.00fsot.......__ Sou~-'1L__2I.2!IooIchard""'S44'2]'2I"t:ThonceSCJO"l6'J2"W."",1IllllI WMtwl, LM. 111.03 ..... 10 tM s..thoat c- tMr.aI; TlMncI Sll'2J'ln, oIonf tfIS $outlllineolsoid CardinolRidl)s - Part TIIrw, 0 di8I_ of 50.00 fw'l. toils ln~lan oft" 1M Em LN 01 tho Nort~ o..cn.. of ~ SKtIlln 12, CWlll tlIs"" liM ofc.nlnollllOp - Peri Toa. iI_daftc:eoltll tIIs Plot'lMNofllocarlllHinPlol 800*!50. otPoge5!j of tIlebcords of tM~ Counl,Rcordsr'sOffb; n-.. SOO'3I'J&"W.olan9IOidE...oncI..IMs,842.21'-t.totllePoln1of~Soid Troc:l 01 land contains 31.36 ocr.. ~. GI".... and ill III<bjsel to ~Is and reslricl...lOI_ Si9MldbefGromotllls_doyof Notory PuOIie. in ond for the Stat. of Io'q, ..... (Q)i ~= If=f~ @e.~ ~>>I @,l 1IlYI~ ~Z. @is ~il d~~ ~f. ~~ @~ @ei ~I z cu.,.a.n Ds.ta: ~~"'.t:..'"::'..~~::;;'~J N<<J/CII....'l[lttJN[S;S[ECON$1IlI.IC1IClPI.MSf'OllOEtM.S. VlIUTY u.sfYENT5. AS SMOlllN tfDIEON. AIli[ AIlI:laJA1! f'OR ( M IMSlollL'lltlN NfO MMl"lOlANCX Of M f"lIQJll[S lW;llUIt- Ol.YMfQt.U~~ EAST 1/4 CORNER OF SECTION 12-T79N-1I:1W OF THE FW"ni P.M. "'UNO SOl BOOK 35 AT PAGE: 231 . ill ill ~. ~I~ ~~ .~ ~ i: i ""~ ~~~.... ~.... ""~ ~~~.... @;;~'\~/f, .... 0;;; ~OIEJIIGYco. OllIESlCCIIIM.NCA'IlOtl$ ~ 14.8~~~ AREA lABt! PLAT PREPARED BY' 2IU&. ~ ."'S CONSULTANTS INC. The Cran1na De.. LC Soulh&ate Dev. Ser. u..c 1917 SOunt: cn.Bm ST. 755 Worman Trek Bhd 755 Mormon Trek Blvd IOWA. CITY. IOWA 52240 Iowa City. Iowa 52248 Iowa City, Iowa 52248 J \ I ~~~~~ ~' I I1f'M........fANT'f \ : llOO' _NII6'5J'4rE- 20.03' 4-W'4-4'06- R_40.00' l_62.65' T-3t.az: Ca56.44' CO_N.j'..... 4-4"01"2- ~~~ S T_89.14' 7$,78 1'1' ~- ,<- 141'-37' 1 .1 .-.-.- II · i ~ d . ~ 01 "I T 1 I 1 I M M II! CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONllENTAL SPiIlAIJSTS 11178. GIl.8Bn'ST. IOWA aTY.1OWA 522l4O _.1_ _._.not 57'I1CST.flWUTED CEIIOR_lOWAlD404 (318) 141-6181 cote I~ 10-04-07 fI'eR CK* ReVIeW ...... '0.12-01 ..anlTllP'aMIEIna.... FINAL PLAT FINAL PLAT C~.AtDlrW~~ POIKIJIlB 11011911 P..AtIJllIJll~O IOWA CITY, IOWA r~r Il=~~ @S.t ~il t>> @, i = I!illI ~ Il= ~.~ ~ ~Is d=1 1l=@S~ 2l d ~~ ~ 4g~ ~~ ~~ @si ~I . ~ APPIJCANTS ATI"ORNF.Y- Sout.h&ate Dev. Ser. u.c Joe Holland 755 Mormon Trek Blvd 300 Brewery Square Iowa City. 10... 52246 lOR CUy, 10... 52240 IIIIMIUUM lOW OPENING ~~ 'ii' moo 'i3 iiiOO ii" iii:OO 25 iiiOO 2i 6i&OO 27 moo 2i iii:OO 'ii" iiiOO 30 iiiOO 31 roo:oo 32 702.00 33 7Oi.iiO 34 11Mij" 'j;' '712.Oii" 3i 112.00 J7 7i'i:OO 'ii '1i'2.OO l-ufy thot ....iIIlIltMI "*llh afs.ptemt.., 2001. at thedlrwctlan of SDutt>tcrte~t Co.. 0 .....,._madillIlIdIrmy.......... of 0 Portion of ttM Sowthe08t Quart.. of the Noru.-t Ouort. of Sel;tign 12. T-*>ip 71 Nottn. Range 7 w.t. of the flfth PrIncIpal Ii6wldian.IowaClt)lo...._c-t,.lowG.ltMI~fifM\letl...~OIfl*l-= MJJ~~~~ed~~~~~~~~...~ ~~Tr:~....~ ==re~ = '-1; TMnc. ~.22"W. JOO.JO _t, to . Point CIII the [OIt.-l)' ~ of ... PorUI o.pictecl on ... -~ion Plot ., Surtej. In {l;==~"~.~'":::~r~':*o~-;"~~=,,R=..of~=~~~n: CQ)=t'~2~~'~~=~2I~i"':"~ ~~n.:.:::.~~~~~~ ~:gg d.... n-.c. NJO'Jtroe-., along :laid E.teri)o Line, 150.00 fMt, to Ib Int..-.etlan "'"' ttle $autlwly liM of CanInal PoInte South Part "'-- One, In acc:onIancI wlttI .... Rec:ard.d Plot ~ hI-=e 1M8VTJrE. IllclnQ .aid SoutM1y..... 81.11 re.t; Tn.-~, 34.21 '-l, u---GlGIIlJ IIIIid SIIutNrlJu..... a r7S.ODlIlIItrGdiull cuw._Sau~ __ JU2fDot dIanI,*"N5J'44'1TE: 'lhenw~ alIIsg d)=:~~~ =-~':'a~~~:'~~=~~::~~':n (Q)~~~~.-I~\~~~ ~ ~~=y~ ~~~~ ~~~~~O;-":'812~~ TIMMe S44~ln aIonli .uld SautM1y LiM, 218.. fMt. to .,.. Sauu-t tam<< u-.of. the _t Une of CarcInol ~ Part Two. iI ~ otittlthePlot tIl-.of~1n Plat.... 50. ot~ 56, of the,,-*of the ~ c-ty~'.QrIiQa, and theEaat lir>eof""'Narttt.atOucrt_ of lICIid SKtian 12; ~S00"38'J&"W,.....soid WwtO'ldE.-u.... a diatance of 401.69 t.et. to the !'Gint of BeglnrlinQ. Said Trod of Iancl_talns 1J.H ocr-....... or..... and.. -..bjac:t to_b and rnlrIr;tlon.of-.l. PUT PREPARED BY. .o.JIiEIt MIlS CONSULTANTS INC. The Croslinl Dev. LC 1917 SOU11:l GIlBERT ST. 755 Mormon Trek Blvd IOWA cm, toWA 52240 Iowa City, Iowa 52246 iilii I; :; ~ ST CORNER '" 2- T79N-fl:7W FIF1l-lP.... I W/1/2" PW AT PAC;( 231 ~INI~ ,~'iJ.t\:" \ LEGEND ~ . o .. 8 2 . ~ 8 S ~ . ~ ~ . ~ i ~ ~ ::< ;; CARDIBAII .0....-&-_ BOu.-B PAR" ...0 SEC.12-TIIM-RlW SE_1I4 IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. .,.... 09-17-07 ~~. AIIldl!5ooklbo DAM Oruwn tllj. 5ulle. RlW w= :;:= GDM -.... 1 ~ACITY 2265257 ;;;:, Signedbeforemettlis__dcl)' .20_ Notor)' PubIk. in onel for tM Stot. 01 Iowa. - - PLAT/pLAH APPROVED by the City of Iowa City ......... .... U1L!lY EASDllDCTS. U SHCNN HEREON, ""'I' OR MAT MOT, M::WOE $AHlTMY snot LKS, 1IH)/OIIt STOIIllI S['IOII ...cs. N/t)/OIIt_1alUNES; SUCONS'TMlC11ClNPUMSFUlDEToIU. UllUlY EA5O<<N15. AS SHCMl HEAEON, AAE AD[QUA'I[ rail 1HE lN$UU.A_ AICI _lDWG: OF K follQUTES IIEQIM- [DIIYTHE~AClDIClES: .... _""""co. Otl[ST~'IlOICS -- "I ~-. ill: ~,~ EAST 1/4 CORNER '" SECTION 12- T79H-R1W or THE f'FTli P.... FOUNl sao 8OQI( JS AT PAGE 231 ""~ ~~~'\ ~",';c~ ~ ~.. i) A 4 4 A 3-PLE>< *1 ELEVATION FRONT UNIT ~ r::w Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 07-':n 1 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LOTS 13 & 16, LONGFELLOW PLACE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing 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 of the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of the bid payable to the Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice not less than four and not more than 45 days before the date for filing for 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. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, before 10:00 a.m. on the 7th day of January, 2008, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of January 15, 2008, to be held in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this 27th day of November , 20~. ~uJL, MAYOR ATTEST: ~,(/. ~~ CITY ERK Approved by ~~ Il-(f ~ City Attorney's Office hisadmlreslADHOP11-13.Q7.doc Resolution No. Page 2 07-331 It was moved by O'Donnell and seconded by Railey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Correia X Elliott O'Donnell Vanderhoef Wilburn x x x ^-"+'Q ? v 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on 11/27/07 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 07-332 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30 2008 (AS AMENDED LAST ON .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 11/16/07 and the public hearing held, 11/27/07 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current j or last amended I Amendment Amendment Revenues & Other Financing Sources ::::: Taxes Levied on Property 1 39,973,488 0 39,973,488 Less: Uncollectted Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 39,973,488 0 39,973,488 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 1,798,206 0 1,798,206 Other City Taxes 6 1,446,363 0 1,446,363 Licenses & Pennits 7 1,260,091 4,835 1,264,926 Use of Monev and Property 8 3,938,963 0 3,938,963 Intergovernmental 9 21,657,383 12,428,748 34,086,131 Charges for Services 10 37,721,095 -615 37,720,480 Special Assessments 11 0 0 0 Miscellaneous 12 4,566,683 115,000 4,681,683 Other Financing Sources 13 54,659,516 13,433,584 68,093,100 Total Revenues and Other Sources 14 - Expenditures & Other Financing Uses Public Safety 15 17,504,724 272,991 17,777,715 Public Works 16 11,135,061 282,755 11,417,816 Health and Social Services 17 0 0 0 Culture and Recreation 18 10,646,775 252,873 10,899,648 Community and Economic Development 19 6,041,351 260,839 6,302,190 General Government 20 7,891,847 -35,051 7,856,796 Debt Service 21 11,717,610 0 11,717,610 Capital Projects 22 14,251,738 20,645,517 34,897,255 Total Government Activities Expenditures 23 79,189,106 21,679,924 100,869,030 Business Type 1 Enterprises 24 45,878,428 8,849,126 54,727,554 Total Gov Activities & Business Expenditures 25 125,067,534 30,529,050 155,596,584 Transfers Out 26 43,686,586 13,433,584 57,120,170 Total ExpenditureslTransfers Out 27 168,754,120 43,962,634 212,716,754 Excess Revenues & Other Sources Over :.:...:.:::.:.:.:::.:.:.::1..:.....:::.:.:::.:.::.:.:.......:::::.:, (Under) ExpenditureslTransfers Out Fiscal Year 28 -1,732,332 -17,981,082 -19,713,414 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 97,790,612 23,631,740 121,422,352 Ending Fund Balance June 30 31 96,058,280 5,650,658 101,708,938 Passed this 27th (Day) day of NO~ :007 ~ MonthIYaar} U ""'" Signature Mayor ~k.~~ Signature City Clerk/Finance Officer 2 Resolution No. Page 2 07-332 It was moved by 0' Donne 11 and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x x X X ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn City of Iowa City FY08 Budget Amendment November 27, 2007 Program Detail Program Project I Department Amendment 1 13: Licenses And Permits Taxi Licenses & Permits 4,835 2 Total Licenses And Permits 4,835 3 19: Intergovernmental Revenues Arterial Signals Interconnect 174,925 4 Bus Acquisition 1,605,220 5 CDBG & CDBG Rehab 25,000 6 Dodge St Reconstruction-180/Governor 2,000,000 7 Dubuque/Church Radius Improvement (400,000) FAA Runway 7 Grading/Obstr Mitigation #3190047-13- 8 2006 971,026 9 Foster Road/Dubuque Intersection 58,297 10 General Fund: Transit Building Tuck Point Grant 64,000 11 GilbertlHwy 6:Dual Left Turn Lanes (1,000,000) 12 Hard Surface Floors Bldgs B & C #91-05-010W-300 11,686 13 Housing Authority: CAP Grants 34,150 14 Hwy 218/1 Signal-Off S bound ramp of 218 200,000 15 Hwy 6/Lakeside-420th St 1,643,000 16 Kitty Lee Right Turn Lane 36,624 17 McCollister Blvd-Highway 921 to Gilbert Street 4,200,000 Rehab North Taxilane Access to N T Hangars 18 9108010W100 148,790 19 Rehab self service Jet A fueling system 9108010W300 70,550 20 Rehabilitate Hangar A 91-07 -0IOW-300 46,038 Rehabilitate South T Hangar Taxi Lanes 91-07-010W- 21 100 107,313 22 Riverbank Stabilization - City Park 310,000 23 Runway 7 Design, EA, Extension, FAA #10 113,818 24 Runway 7 Grading FAA #11 & #12 25,961 25 Runway 7 Paving/Lighting FAA #14 1,638,750 26 S Grand Roundabout 180,000 27 Transit Bus Cameras 72,000 28 Wheelchair Lifts Rehab 91,600 29 Total Intergovernmental Revenues 12,428,748 30 33: Charges For Fees And Services Bus Passes (615) 31 Total Charges for Fees And Services (615) 32 35: Miscellaneous Recreation Center Window CIP: Insurance - Tornado 115,000 33 Total Miscellaneous 115,000 34 Total Operating Transfers In-'See Transfers Supplemental Schedule} 13,433,584 35 Total Revenues And Other Sources $ 25,981,552 36 11: Public Safety Building Inspection 2,975 37 Criminal Investigation 15,000 38 Emergency Communications 5,604 39 Fire Adminstration 67,110 40 Fire Emergency Operations 44,523 41 Fire Prevention 36,102 42 Fire Training 44,597 43 Patrol 42,006 44 Records & Identification 1,277 45 Shelter Operations & Administration 13,797 46 Total Public Safety 272,991 3 City of Iowa City FY08 Budget Amendment November 27, 2007 Program Detail Program Project I Department Amendment 47 20: Public Works Court St Transportation Center 876 48 Forestry Operations 54,969 49 Mass Transit Operations 91,642 50 Streets Repair Programs 69,877 51 Traffic Eng Signals 59,491 52 Traffic Eng Signs 5,900 53 Total Public Works 282,755 54 38: Culture And Recreation Ball Diamonds 3,051 55 Building Maintenance-Recreation Center 435 56 Cemetery - Graceland Addition 3,120 57 Cemetery Operations 31,930 58 City Park Pool Operations 26,975 59 Mercer Park Pool Operations 348 60 Parks & Rec Admin 75,000 61 Parks Operations & Maintenance 34,988 62 Scanlon Gym 218 63 Senior Center Operations 75,877 64 Soccer 931 65 Total Culture And Recreation 252,873 66 44: Community And Economic CBD Maintenance Operations 38,335 67 Development CDBG Program 201,000 68 Economic Development: Aid to Agencies from CIP 180,000 69 Housing Rehab-Project Costs (201,000) 70 Iowa City Releaf 277 71 JCCOG Human Services 3,363 72 Neighborhood Improvement Programs 730 73 PCD Department Admin 24,334 74 Urban PlanninQ 13,800 75 Total Community And Economic Development 260,839 76 52: General Government City Council 12,611 77 Document Services 5,000 78 Human Rights 4,536 79 Non-Operational Administration (78,046) 80 Operations & Maintenance 848 81 Personnel 20,000 82 Total General Government (35,051 ) 83 54: Governmental Capital Projects 1 st AvellAIS RR Crossing Improvements 280,000 84 Arterial Signals Interconnect 36,756 85 Brick Street Repairs 20,000 86 Brookland Park Redevelopment 13,589 87 Bus Acquisition 2,068,221 88 Camp Cardinal Road 10,000 89 City Attorney Remodel 225,450 90 City Hall - Other Projects 58,144 91 Court Hill Trail 459,382 92 Curb Ramps-ADA 41,916 93 Dodge St Reconstruction-180/Governor 900,000 94 Dubuque/Church Radius Improvement (230,000) 95 Economic Development (250,000) 96 Festival Stage/SidewalklShelter/Restrooms 55,467 97 Fire Apparatus 458,959 98 Fire Station #2 Expansion 2,595,567 4 City of Iowa City FY08 Budget Amendment November 27, 2007 Program Detail Program Project I Department Amendment 99 Fire Station #4 165,350 54: Governmental Capital Projects - Gilbert/Bowery/Prentiss - Left turn lanes on Gilbert 100 Continued w/storm 28,588 101 GilbertlHwy 6:Dual Left Turn Lanes (2,500,000) 102 Hwy 1/S Naples Left Turn & Signal 108,000 103 Hwy 6/Lakeside-420th St 2,524,772 104 Lower West Branch Road Reconstruction 2,804,992 105 McCollister Blvd-Highway 921 to Gilbert Street 6,248,622 106 Mercer Ball Diamond Upgrade (100,000) 107 Mercer Diamond Lighting/Field #3 Improvements 300,000 108 Metropolitan Area Wireless Broadband 444,280 109 Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 277,883 110 Napoleon Park Restroom Improvements 75,000 111 Park Shelters 70,000 112 Parks Annuallmprovements/Maint. (127,858) 113 Pavement Rehabilitation 100,000 114 Police Technology 2006 JAG Block Grant 6,680 115 Public Art 82,784 116 Radio System Upgrade 254,181 117 Rec Center Window Replacement 215,000 118 Remodel Lower Level City Hall 155,000 119 Riverbank Stabilization - City Park 400,000 120 S Grand Roundabout 408,292 121 Sand Lake Recreation Area 350,000 122 Senior Center ADA Restrooms Renovation 370,000 123 Senior Center Boiler & Chiller Replacement 718,750 124 Senior Center Roof and Tuckpointing 150,600 125 Soccer Park Improvements 53,000 126 Street Pavement Marking 22,000 127 Transit Bus Cameras 90,000 128 Washington Van Buren Streetscape 10,000 129 Waterworks Prairie Park 100,000 130 Wheelchair Lifts Rehab 96,150 131 Total Governmental Funds Capital Projects 20,645,517 5 City of Iowa City FY08 Budget Amendment November 27, 2007 Program Detail Program Project I Department Amendment 132 69: Business Type Activities Airport 971 133 Annual Water Main Projects (745,687) 134 Arterial Signals Interconnect 64,515 135 Dewey Sf Water Main 165,623 136 Dodge St Reconstruction-180/Governor 1,360,000 FAA Runway 7 Grading/Obstr Mitigation #3190047-13- 137 2006 1,015,666 138 Garage Maintenance & Repair 120,351 139 Golf View Water Main 150,000 140 Hard Surface Floors Bldgs B & C #91-05-010W-300 16,641 141 Housing Authority 34,150 Hwy 218 Water Main Ext-Morman Trek/Isaac Walton 142 Road 726,000 143 Landfill 703,960 144 Landfill Cell - FY06 100,000 145 Laurel/Carrol/Highland Water Mains 135,638 146 Lower West Branch Road Reconstruction 400,000 147 Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 603,450 148 Newton Rd, Valley Ave and Lincoln Ave Water Main 459,764 149 Parking 26,433 150 Refuse Collection 3,750 Rehab North Taxilane Access to N T Hangars 151 9108010W100 175,050 152 Rehab self service Jet A fueling system 9108010W300 83,000 153 Rehabilitate Hangar A 91-07 -0IOW-300 52,447 154 Rehabilitate South T Hangar Taxi Lanes 91-07-010W-100 149,991 155 Runway 7 Design, EA, Extension, FAA #10 127,824 156 Runway 7 Grading FAA #11 & #12 24,024 157 Runway 7 Paving/Lighting FAA #14 1,692,942 158 UI Hangar Expansion 400,000 159 Wastewater Treatment 91,000 160 Water 275,116 161 West Terminal Apron Rehabilitation 436,507 162 Total Business Type Activities, including Business Type CIP's 8,849,126 163 Total Transfers Out (See Transfers Supplemental Schedule) 13,433,584 164 Total Expenditures I Transfers Out $ 43,962,634 6 Total Additions I Transfer Fund Transferred from and Transfer In Description: Carryovers Revisions Amendment Employee Benefits transfer to RUT fund rather than General Fund: 1 General (old accts for Streets and Traffic) - (309,697) (309,697) 2 Road Use Tax (new accts for Streets and Traffic) - 309,697 309,697 3 Total Employee Benefit Transfers Amendment: - - - 4 General Fund CIP Funding to: 5 Bus Acquisition: Transit Reserve Match on 6 buses 462,580 - 462,580 6 City Attorney Remodel - 225,450 225,450 Economic Development: Move budget to Gen Fund Econ Dev - Aid to Agencies less $70,000 spent early In FY07 = $180,000 FY08 Gen Fund 7 Budget - (250,000) (250,000) Fire Station #2 Expansion: $975,000 from Interfund 8 Loan; $975,000 use of General Fund Balance - 1,950,000 1,950,000 9 Sand Lake Recreation Area - 350,000 350,000 10 Senior Center ADA Restrooms Renovation - 370,000 370,000 11 Senior Center Boiler & Chiller Replacement - 61,750 61,750 12 Senior Center Roof and Tuck pointing - 31,000 31,000 13 Transit Bus Cameras 18,000 - 18,000 14 Wheelchair Lifts Rehab on Buses 4,550 - 4,550 15 Total General Fund CIP Funding Transfer Amendments: 485,130 2,738,200 3,223,330 16 Road Use Tax (RUTTTransfers: 17 1st Ave/IAIS RR Crossing Improvements - 50,000 50,000 18 Arterial Signals Interconnect (88,649) - (88,649) 19 Brick Street Repairs 20,000 - 20,000 20 Curb Ramps-ADA 41,916 - 41,916 21 Foster Road/Dubuque Intersection - (58,297) (58,297) General Fund - Eliminate Transfer in from RUT: Streets and 22 Traffic are now directly paid in Road Use Tax Fund - (4,115,897) (4,115,897) 23 Gilbert/Bowery/Prentiss - Left turn lanes on Gilbert w/storm 18,588 - 18,588 24 Hwy 1/S Naples Left Turn & Signal 108,000 - 108,000 25 Hwy 6/Lakeside-42Oth St 881,772 - 881,772 26 Pavement Rehabilitation 100,000 - 100,000 27 S Grand Roundabout 228,292 - 228,292 28 Street Pavement Marking 22,000 - 22,000 29 Washinaton Van Buren Streetscape - 10,000 10,000 30 Total Road Use Tax Transfer Amendments: 1,331,919 (4,114,194) (2,782,275) 31 Transfers from Water Fund to: 32 Annual Water Main Projects (Moved budgello specific projects) (745,687) - (745,687) 33 Arterial Signals Interconnect 81,330 - 81,330 34 Dewey St Water Main 165,623 - 165,623 35 Dodge St Reconstruction-180/Governor 100,000 - 100,000 36 Gilbert/Bowery/Prentiss - Left turn lanes on Gilbert w/storm 10,000 - 10,000 37 Golf View Water Main 150,000 - 150,000 38 Hwy 218 Water Main Ext-Morman Trek/Isaac Walton Road - 726,000 726,000 39 Laurel/Carrol/Highland Water Mains 135,638 - 135,638 40 Lower West Branch Road Reconstruction 400,000 - 400,000 41 McCollister Blvd-Highway 921 to Gilbert Street - 477,000 477,000 42 Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 603,450 - 603,450 43 Newton Rd, Valley Ave and Lincoln Ave Water Main 459,764 - 459,764 44 Total Water Fundina Transfer Amendments: 1,360,118 1,203,000 2,563,118 45 Transfers from Wastewater Fund to: 46 Dodae St Reconstruction-180/Governor 160,000 - 160,000 47 Total Wastewater Fundina Transfer Amendment: 160,000 - 160,000 48 Transfers from Parkina Fund to: 49 Garaae Maintenance & Repair 120,351 - 120,351 50 Total Parkina Funding Transfer Amendment: 120,351 - 120,351 51 Transfers from Airport Fund to: 52 Hard Surface Floors Bldgs B & C #91-05-010W-300 4,011 - 4,011 53 Rehab North Taxilane Access to N T Hangars 9108010W100 - 26,260 26,260 54 Rehab self service Jet A fueling system 9108010W300 - 12,450 12,450 55 Rehabilitate Hangar A 91-07 -0IOW-300 7,867 - 7,867 56 Rehabilitate South T Hangar Taxi Lanes 91-07-010W-100 50,128 - 50,128 City of Iowa City FY08 Amendment November 27,2007 Transfers Supplemental Schedule 7 Total Additions / Transfer Fund Transferred from and Transfer In Description: Carryovers Revisions Amendment 57 UI Hangar Expansion (Airport receiving interfund loan for this) - 400,000 400,000 West Terminal Apron Rehabilitation (Funded from Property 58 Sale) 436,507 - 436,507 59 Total Airport Fundina Transfer Amendments: 498,513 438,710 937,223 60 Transfers from Landfill Fund to: 61 I Landfill Cell - FY06 100,000 - 100,000 62 Total Landfill CIP Fundina Transfer Amendment: 100,000 - 100,000 63 Transfers from Stormwater Fund to: 64 Gilbert/Bowery/Prentiss - Left turn lanes on Gilbert w/storm (134,332) - (134,332\ 65 Total Stormwater Funding Transfer Amendment: (134,332) - (134,332\ 66 Transfers from existing G.O. Bond Construction Funds: 67 Brookland Park Redevelopment 13,589 - 13,589 68 Camp Cardinal Road 10,000 - 10,000 69 City Hall - Other Projects 58,144 - 58,144 70 Court Hill Trail 149,382 - 149,382 71 FAA Runway 7 Grading/Obstr Mitigation #3190047-13-2006 46,505 - 46,505 72 Festival Stage/Sidewalk/Shelter/Restrooms 55,467 - 55,467 73 Fire Apparatus 458,959 - 458,959 74 Fire Station #2 Expansion - 582,582 582,582 75 Fire Station #4 165,350 - 165,350 76 Lower West Branch Road Reconstruction 2,804,992 - 2,804,992 77 McCollister Blvd-Highway 921 to Gilbert Street 1,571,622 - 1,571,622 78 Mercer Diamond Lighting/Field #3 Improvements 200,000 - 200,000 79 Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 375,843 - 375,843 80 Napoleon Park Restroom Improvements - 40,000 40,000 81 Park Shelters 70,000 - 70,000 82 Parks Annuallmprovements/Maint. 182,142 - 182,142 83 Public Art 82,570 - 82,570 84 Radio System Upgrade 254,181 - 254,181 85 Rec Center Window Replacement 100,000 - 100,000 86 Riverbank Stabilization - City Park 90;000 - 90,000 87 Runway 7 Design, EA, Extension, FAA #10 5,398 - 5,398 88 Runway 7 Paving/Lighting FAA #14 84,843 - 84,843 89 Soccer Park Improvements 53,000 - 53,000 90 Waterworks Prairie Park 100,000 - 100,000 91 Total Existing G.O. Bond Transfer Amendments: 6,931,987 622,582 7,554,569 92 Transfers from next G.O. Bond Issue (08 G.O. Increased Issue Amount) 93 1 st Ave/IArS RR Crossing Improvements - 230,000 230,000 .. Court Hill Trail: Additional Funding needed, allocated 94 from $1 million Trails budgeted by City Council for FY08 - 310,000 310,000 Dubuque/Church Radius Improvement: Eliminated Grant, . 95 Increased local funding for revised project scope - 170,000 170,000 96 GilbertlHwy 6:Dual Left Tum Lanes - (1,500,000) (1,500,000) 97 Metropolitan Area Wireless Broadband - 450,000 450,000 98 Napoleon Park Restroom Improvements - 35,000 35,000 .. Parks Annual: Allocate this amount from $1million for 99 Trails budgeted by City Council for FY08 - (310,000) (310,000) 100 Remodel Lower Level City Hall - 155,000 155,000 101 Senior Center Boiler & Chiller Replacement - 657,000 657,000 102 Senior Center Roof and Tuck oointina - 119,600 119,600 103 Total 08 G.O. Transfer Amendments: - 316,600 316,600 104 Interfund Loans: 105 Airport Fund for UI Hangar Expansion - From General Fund - 400,000 400,000 106 General Fund for Fire Station 2 Exoansion - From Landfill to GF - 975,000 975,000 107 Totallnterfund Loans Amendment: - 1,375,000 1,375,000 108 Grand Total Transfers and Interfund Loans: 10,853,686 2,579,898 13,433,584 City of Iowa City FY08 Amendment November 27,2007 Transfers Supplemental Schedule 8 CITY OF IOWA CITY CAPITAL IMPROVEMENT PROJECTS FY08 AMENDMENT SUMMARY NOVEMBER 27, 2007 PUBLIC HEARING TOTAL PROJECT EXPENSE AMENDMENT 69: BUSINESS TYPE ACTIVITIES TOTAL CIP RESOURCES 154: CAPITAL AMENDMENT PROJECTS 36: OPERATING TRANSFERS IN 19: INTER- GOVERN- MENTAL 280,000 225,450 310,000 (230,000) (250,000) 2,595,567 - (2,500,000) 726,000 477,000 444,280 1,518,586 75,000 (310,000) 175,050 83,000 155,000 350,000 370,000 718,750 150,600 400,000 10,000 5,774,283 (745,687) 101,271 20,000 13,589 2,068,221 10,000 58,144 149,382 41,916 165,623 2,260,000 1,015,666 55,467 458,959 726,000 175,050 83,000 400,000 1,384,050 (745,687) 64,51.5 165,623 1,360,000 1,015,666 36,756 20,000 13,589 2,068,221 10,000 58,144 149,382 41,916 900,000 55,467 458,959 280,000 225,450 310,000 (230,000) (250,000) 2,532,582 - (2,500,000) 726,000 477,000 450,000 - 75,000 (310,000) 175,050 83,000 155,000 350,000 370,000 718,750 150,600 400,000 10,000 4,198,432 (745,687) 167,606 20,000 13,589 2,067,800 10,000 58,144 149,382 41,916 165,623 2,260,000 1,017,531 55,467 458,959 280,000 225,450 310,000 170,000 (250,000) 2,532,582 (58,297) (1,500,000) 726,000 75,000 (310,000) 26,260 477,000 450,000 12,450 155,000 350,000 370,000 718,750 150,600 400,000 10,000 5,320,795 280,000 225,450 310,000 (230,000) (250,000) 2,595,567 (2,500,000) 477,000 444,280 1,518,586 75,000 (310,000) 155,000 350,000 370,000 718,750 150,600 10,000 4,390,233 (745,687) (7,319) 20,000 ADDITION / REVISION 1 st AvellAIS RR Crossing City Attorney Remodel Court Hill Trail Dubuque/Church Radius Improvement Economic Development Fire Station #2 Expansion Foster Road/Dubuque Intersection GilberVHwy 6:Dual Left Turn Lanes Hwy 218 Water Main Ext-Morman Trek/Isaac Walton Road McCollister Blvd-Highway 921 to Gilbert Street Metropolitan Area Wireless Broadband Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 Napoleon Park Restroom Improvements Parks AnnuallmprovementslMaint. Rehab North Taxilane Access to N T Hangars 9108010W100 Rehab self service Jet A fueling system 9108010W300 Remodel Lower Level City Hall Sand Lake Recreation Area Senior Center ADA Restrooms Renovation Senior Center Boiler & Chiller Replacement Senior Center Roof and Tuckpointing UI Hangar Expansion Washin ton Van Buren Streetscape Addition / Revision Total CARRYOVER Annual Water Main Projects Arterial Signals Interconnect Brick Street Repairs Brookland Park Redevelopment 35: MISC 13,589 462,580 10,000 58,144 149,382 41,916 165,623 260,000 46,505 55,467 458,959 (400,000) 58,297 (1,000,000) 148,790 70,550 (1,122,363) 174,925 1,605,220 2,000,000 971 ,026 mprovements Bus Acquisition Camp Cardinal Road City Hall - Other Projects Court Hill Trail Curb Ramps-ADA Dewey St Water Main Dodge St Reconstruction-180/Governor FAA Runway 7 Grading/Obstr Mitigation #3190047-13-2006 Festival Stage/Sidewalk/Shelter/Restrooms Fire Apparatus <0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CITY OF IOWA CITY CAPITAL IMPROVEMENT PROJECTS FY08 AMENDMENT SUMMARY NOVEMBER 27, 2007 PUBLIC HEARING TOTAL PROJECT EXPENSE AMENDMENT 69: BUSINESS TYPE ACTIVITIES TOTAL CIP RESOURCES 154: CAPITAL AMENDMENT PROJECTS 165,350 120,351 28,588 150,000 16,641 108,000 - 100,000 135,638 3,204,992 5,771,622 200,000 (637,253) 459,764 70,000 182,142 100,000 6,680 82,784 254,181 215,000 52,447 149,991 400,000 127,824 24,024 1,692,942 408,292 53,000 22,000 90,000 100,000 436,507 96,150 22,584,980 28,359,263 - 2,524,772 120,351 150,000 16,641 100,000 135,638 400,000 603,450 459,764 52,447 149,991 127,824 24,024 1,692,942 436,507 6,329,696 7,713,746 165,350 28,588 108,000 2,524,772 2,804,992 5,771,622 200,000 (1,240,703) 70,000 182,142 100,000 6,680 82,784 254,181 215,000 400,000 408,292 53,000 22,000 90,000 100,000 96,150 16,255,284 20,645,517 165,350 120,351 (105,744) 150,000 15,697 108,000 200,000 2,524,772 36,624 100,000 135,638 3,204,992 5,771,622 200,000 979,293 459,764 70,000 182,142 100,000 - 82,570 254,181 215,000 53,905 157,441 400,000 119,216 25,961 1,723,593 408,292 53,000 22,000 90,000 100,000 436,507 96,150 24,396,647 28,595,079 36: OPERATING TRANSFERS IN 165,350 120,351 (105,744) 150,000 4,011 108,000 84,843 228,292 53,000 22,000 18,000 100,000 436,507 4,550 10,853,686 16,174,481 881,772 100,000 135,638 3,204,992 1,571,622 200,000 979,293 459,764 70,000 182,142 100,000 82,570 254,181 100,000 7,867 50,128 90,000 5,398 35: MISC 115,000 19: INTER- GOVERN- MENTAL 11,686 200,000 1,643,000 36,624 4,200,000 46,038 107,313 310,000 113,818 25,961 1,638,750 180,000 72,000 Fire Station #4 Garage Maintenance & Repair GilbertlBowery/Prentiss - Left turn lanes on Gilbert w/storm Golf View Water Main Hard Surface Floors Bldgs B & C #91-05-010W-300 Hwy 1/S Naples Left Turn & Signal Hwy 218/1 Signal-Off S bound ramp of 218 Hwy 6/Lakeside-42Oth St Kitty Lee Right Turn Lane Landfill Cell - FY06 Laurel/Carrol/Highland Water Mains Lower West Branch Road Reconstruction McCollister Blvd-Highway 921 to Gilbert Street Mercer Diamond Lighting/Field #3 Improvements Mormon Trek Box Culvert-Willow Creek/Old Hwy 218 Newton Rd, Valley Ave and Lincoln Ave Water Main Park Shelters Parks Annuallmprovements/Maint. Pavement Rehabilitation Police Technology 2006 JAG Block Grant Public Art Radio System Upgrade Rec Center Window Replacement Rehabilitate Hangar A 91-07 -0IOW-300 Rehabilitate South T Hangar Taxi Lanes 91-07-0I0W-100 Riverbank Stabilization - City Park Runway 7 Design, EA, Extension, FAA #10 Runway 7 Grading FAA #11 & #12 Runway 7 Paving/Lighting FAA #14 S Grand Roundabout Soccer Park Improvements Street Pavement Marking Transit Bus Cameras Waterworks Prairie Park West Terminal Apron Rehabilitation Wheelchair Lifts Rehab Carryover Total TOTAL CAPITAL 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 .... o 115,000 115,000 91,600 13,427,961 12,305,598 IMPROVEMENT PROJECTS AMENDMENT ~ ww Prepared by: Kumi Morris, Engineering Division, 410 E. Washington 81., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 07-333 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GESSNER GROUP, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT. WHEREAS, the City of Iowa City desires to replace two HV AC systems that are at the end of their life cycle and the compressor is short cycling and the boiler is inefficient and costly to operate; and WHEREAS, wher:l both systems are replaced there will be lower maintenance and operational costs; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Senior Center Boiler and Chiller Replacement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Gessner Group, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Gessner Group, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Passed and approved this 27th day of Nov~mh~r ' 20~. ~LJ~ MAYOR ATTEST: ~ 9Y'. ~ CI LERK zed by J~~~ City Attorney's Office 11111!i7 Pwenglresldesignagt -SrCenterBoiler.doc Resolution No. Page 2 07-333 It was moved by C:h,qmpi on and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x X Bailey Champion Correia y Elliott O'Donnell Vanderhoef Wilburn x x x CONSULTANT AGREEMENT DRAFT THIS AGREEMENT, made and entered into this ~-, +h day of ij..)\)(.I1ff'.2 ., 2007 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Gessner Group, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the proposed project shall consist of replacement of the existing boiler, air-cooled chiller, pumps, and four main air handling units, and upgrading the building controls system as required to accommodate the new equipment at the Iowa City Senior Center, 28 South Linn Street. Three of the four existing air handling units will be upgraded from multizone and constant volume reheat systems to V A V systems. The existing equipment is almost 30 years old and is nearing the end of its serviceable lifespan. The replacement of the equipment will prevent the necessity for emergency replacement, increase the energy efficiency of the building, drastically reduce the maintenance time and costs required, provide system redundancy, and provide better occupant comfort. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Gessner Group, Inc. shall provide the following services: 1. 2. 3. 4. 5. 6. 7. , 8. 9. 10. 11. Review existing system performance with building maintenance personnel. Calculate building block loads to ensure proper sizing of new equipment. Design all electrical system modifications required to accommodate the new mechanical systems. Provide complete plans and specifications for bidding and demolition of existing systems. Provide complete plans and specifications for bidding and construction of new systems. Coordinate design of all new work with existing building space and structural constraints. Attend design, pre-bid and construction meetings as necessary. Assist the City with review of contractor bids. Review contractor shop drawings and submittals. Perform construction observation at rough-in and substantial completion and provide reports to the City and contractor. Include as part of the construction contract documents that the Contractor shall create and provide to the City complete as-built record drawings of all work performed in both printed and electronic form. - 2 - II. TIME OF COMPLETION Design drawings shall be completed 3-4 weeks from authorization from the City to proceed. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative - 3 - to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Gessner Group proposes to provide the above services for the following fixed fee: Mechanical and Electrical Design $61,750 All printing costs beyond one set of review drawings and one set of bid/construction drawings shall be reimbursed to the Consultant at the actual cost plus a 10% handling fee. V. MISCELLANEOUS - 4- A. All provIsions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR T~ By: ~ C xJlf"\" ~ By: Z::EZ:~~T , / Title: 'P, ~ e. : I- Jl1 a t1 (J j <' r Date: /1 5/07 t Title: M::Iyor Date: November 27. 2007 ATTEST: ~~Cl~;-/ .,f/ - ...J/~ Approved by: City Attorney's Office Date pw\forms\consagmt.frm Prepared by: Marian Karr, City Clerk, 410 E, Washington St" Iowa City, IA 52240 (319)356-5041 ( 1112;07 M~, RESOLUTION NO. 07- 334 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 06-349 AND IN LIEU THEREOF SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS, BY INCREASING THE VEHICLE DECAL ISSUANCE AND REPLACEMENT FEE TO REFLECT INSPECTION COSTS WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa, established regulations for taxicabs and drivers operating such vehicles within the City of Iowa City; and WHEREAS, Title 5, Chapter 2, requires the City Equipment Division to inspect all taxicabs annually; and WHEREAS, the current administrative fee does not reflect the inspection cost per vehicle by the City Equipment Division and should be increased to $60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . Prior Resolution No. 06-349 establishing certain fees and charges for vehicles for hire is hereby rescinded effective March 1, 2008 and this Resolution is adopted and approved in lieu thereof. 2. The following fees are hereby established for taxicabs: a. Processing a company application: $20.00 annually expiring March 1 unless suspended or revoked, with no refunds. b. Issuance or replacement of a decal: $60.00 annually expiring March 1, unless suspended or revoked. A $30.00 credit for each decal returned to the City Clerk will be issued per company licensing year. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund or credit. The credit can only be used within the licensing year and does not carry over to another year or is not transferable to another company. No credit will be applied to a company for a decal confiscated by City staff. c. Issuance of driver's badge: $7.50 each driver specific to taxicab company for a one-year period, or the remaining period of Chauffeur's/Operator's License if under one year. Issuance of additional badges (duplicate, another company or change of company) requests are $7.50 for the same individual and the same expiration date. d. Designation of a parking stand: Actual dollars earned from monthly permit fee established by ordinance for the area. Resolution No. 07-]14 Page 2 3. The minimum limits for taxicabs liability insurance are to be quoted "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00). 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, One Million Dollars ($1,000,000.00). If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars ($2,000,000.00). 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of anyone accident or other cause, One Hundred Thousand Dollars ($100,000.00). b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of anyone accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of anyone accident or other cause, One Million Dollars ($1,000,000.00) combined. If the taxicab has more than ten seats, the insured's liability for bodily injury shall be Two Million Dollars $2,000,000.00). 4. The minimum limits for pedicabs and horse-drawn vehicle operator's liability insurance are to be quoted as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: a. "Individual" Liability Amounts 1) To cover the insured's liability for bodily injury or death of one person, as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). Resolution No. 07 - 334 Page 3 2) To cover the insured's liability for bodily injury or death of more than one person as a result of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00). 3) To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of anyone accident or other cause, One Hundred Thousand Dollars ($100,000.00). b. "Combined" Liability Amount To cover the insured's liability for bodily injury or death of one or more persons as a result of anyone accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of anyone accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000.00) combined. This resolution shall be in effect March 1, 2008. Passed and approved this 27th day of November ,20..!l1-. ~{ f~L MAYOR -- ~ ATTEST: .M.ec1~.AI~.J ~ ~~ ITY CLERK APP('l.~~ .0 byy , ~ ~ ~~ /(-VO-0i- City Attorney's Office Mko C1LJ Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 07-335 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT AMONG THE CITY OF IOWA CITY, JOHNSON COUNTY, THE CITY OF CORALVILLE, JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION, AND THE CITY OF NORTH LIBERTY FOR JOINT EMERGENCY COMMUNICATIONS SERVICES FOR JOHNSON COUNTY. WHEREAS, currently there are two primary systems for emergency communications in Johnson County, one run by the City of Iowa City and one run by the Johnson County Sheriff; and WHEREAS, the City of Iowa City, along with other governmental bodies, has determined it would be more efficient and better for the health, safety and welfare of all residents to create a joint emergency response communications center; and WHEREAS, Iowa Code Chapter 28E (2007) allows state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, Iowa law further allows the creation of a separate legal entity for the purposes of providing joint emergency response communications services; WHEREAS, the City of Iowa City, Johnson County, the City of Coralville, the City of North Liberty, and the Johnson County Emergency Management Commission have negotiated the terms of a Joint Emergency Communications Services 28E Agreement, a copy of which is attached, for the purpose of creating a separate legal entity to conduct and manage all facets of joint emergency response; and WHEREAS, it is in the interest of the City of Iowa City to have a comprehensive and efficient emergency response communications services and to enter into said Agreement. 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 one (1) original of the for Joint Emergency Communications Services 28E Agreement, a copy of which is attached. 2. The City Clerk is directed to record said Agreement in the Johnson County Recorder's Office and file it in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2007). Resolution No. 07-335 Page 2 day of Nnvpmhpr ,2007. CA LJ ~ MAYOR ATTEST: ~ ?f'. ~ CITY ERK Passed and approved this 27th Approved by <........,' ~. ,I'- ~ '" .~ City Attorney's Office (( -, (,'-01- Resolution No. Page J 07-335 It was moved by Bailey and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x x X x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn JOINT EMERGENCY COMMUNICATIONS SERVICES FOR JOHNSON COUNTY 28E AGREEMENT This Agreement is entered into by and among the City of Iowa City, Iowa; the City of Coralville, Iowa; the City of North Liberty, Iowa; Johnson County, Iowa; and the Johnson County Emergency Management Commission in Iowa City, Iowa (collectively, the "parties"). 1. PURPOSE AND SCOPE: The purpose of this agreement is to establish and govern the operation of joint emergency response communications services and facilities for law enforcement, fire, rescue, and emergency medical services in Johnson County, Iowa pursuant to Chapter 28E of the Iowa Code (2007), as amended. 2. DURATION: The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 3. ENTITY CREATED: There is hereby created a separate legal entity to be known as the "Joint Emergency Communications Services Association of Johnson County." The Association is composed of the parties to this Agreement. 4. GOVERNANCE: The Association shall be governed by a Policy Board. 5. POLICY BOARD OF DIRECTORS: The Policy Board of Directors shall have seven directors. Iowa City shall have two directors, Johnson County shall have two directors, Coralville shall have one director, North Liberty shall have one director, and Johnson County Emergency Management Commission shall have one director. Each director shall be either an elected official or an executive level employee and shall not be a member of the User Advisory Committee. The Emergency Management Coordinator shall be the director representing the Emergency Management Commission. Each director shall have one vote. Unless otherwise provided herein, passage of any measure requires a majority vote of the directors. Each director shall serve a two-year term, with one director from Iowa City, one director from Johnson County, and the director from North Liberty initially serving only a one-year term. There shall be no term limits. The directors shall not be individually liable for the debts of the Association. The Association shall defend the directors and shall save harmless and indemnify the directors against any claim arising out of an alleged act or omission occurring within the scope oftheir duties. The Chairperson shall rotate annually among the five parties. A director may appoint a proxy to represent the director at a Policy Board meeting, who shall have the same authority as the Policy Board director. The proxy may not be a member of the User Advisory Committee. 6. USER ADVISORY COMMITTEE: The User Advisory Committee shall advise the Executive Director and the Policy Board on operating procedures. The User Advisory I , Committee shall consist of one representative of each of the following: Johnson County Sheriffs Office, Iowa City Police Department, Coralville Police Department, North Liberty Police Department, University Heights Police Department, Iowa City Fire Department, Coralville Fire Department, Johnson County Ambulance Service, and Johnson County Fire Department Mutual Aid Association. Upon approval by the Policy Board, the User Advisory Committee may be increased to include non-voting members. 7. BYLA WS: The Association shall adopt bylaws to specify, at a minimum, the following information: a. The list of parties to this Agreement and the Policy Board of Directors of the Association. b. The date for the commencement of operations. c. The Association's mission. d. The Association's powers and duties. e. The manner for financing the Association and its activities and maintaining a budget therefore. f. The manner for acquiring, holding and disposing of property. g. The manner for electing or appointing officers and the terms of office of the Policy Board. h. The manner by which Policy Board director may vote. 1. The manner for appointing, hiring, disciplining and terminating employees. J. The rules for conducting meetings of the Policy Board. k. Any other necessary and proper rules or procedures. The bylaws, as adopted, shall be signed by each director of the Policy Board. 8. EXECUTIVE DIRECTOR: The Policy Board shall hire an Executive Director, who shall manage the staff of the Association and shall have authority on all personnel matters. The appeal of any disciplinary action taken by the Executive Director shall be to the Policy Board, and the Policy Board may overrule the Executive Director upon a vote of five directors. The Executive Director shall develop standard operating procedures for the proposed joint emergency communications center, and although accreditation is not required, recognized accreditation standards for law enforcement and emergency services should be used as guides in developing the standard operating procedures. 9. STAFF: In addition to the Executive Director, the Association may employ such employees as it deems necessary to carry out the purpose of this Agreement and for which it has funding. The Executive Director and all Association employees shall comply with the political activity prohibitions set forth in Section 29C.16 of the Iowa Code (2007). The Executive Director and Association employees shall be considered employees of the Association, and not of any party to this Agreement. The Policy Board shall determine the personnel policies of the Association to include holidays, travel and transportation costs, rate of pay, sick leave, vacation, and health benefits. The Association may adopt existing personnel policies of any party to this Agreement in lieu of writing its own policies. 2 I 10. FINANCING: The Association shall be financed through a county-wide supplemental levy (hereinafter "the emergency management levy") as authorized by sections 29C.9(6) and 331.424(1)(j) ofthe Iowa Code (2007), as amended. Ifthe General Assembly amends the Iowa Code such that the Association cannot be financed, in whole or in part, by the supplemental levy, the parties shall examine alternative financing options and amend this Agreement to provide for a new manner of financing the Association. II. BUDGET: The Association shall develop and adopt a proposed budget of all expenses for its ensuing fiscal year (July I through June 30) in accordance with the provisions of Chapter 24 and section 29C.17 of the Iowa Code (2007). The Association shall submit the proposed budget to the Johnson County Emergency Management Commission no later than January 31 of each calendar year. The budgeted funds shall be transferred from the Johnson County Emergency Management Commission to the Association at least quarterly. The Association shall be the fiscal authority, and the chairperson or vice chairperson shall be the certifying official. 12. INVESTMENT OF FUNDS: The Association shall, when investing funds, comply with the provisions of sections 12B.I0 through 12B.IOC of the Iowa Code (2007) and other applicable law. 13. EMERGENCY MANAGEMENT LEVY: The Johnson County Emergency Management Commission hereby delegates all its powers to the Association with respect to the provision of joint emergency response communications services and that portion of the emergency management levy budgeted for emergency communications services and will amend its bylaws accordingly. The Johnson County Emergency Management Commission shall submit to the Johnson County Board of Supervisors a budget that includes the budget adopted by the Association. Johnson County agrees to certify the emergency management levy necessary to fund the operations of the Association as determined by the budget adopted by the Association. The Johnson County Emergency Management Commission shall transfer to the Association that portion of the emergency management levy budgeted for emergency communications services. The Johnson County Emergency Management Commission acknowledges that it retains no independent authority over the emergency management levy funds delegated herein. 14. POWERS: The Association shall be a separate legal entity exercising public and essential governmental functions to provide for the public health, safety and welfare and shall have the following specific powers, including but not limited to: a. To sue and be sued. b. To acquire, hold, use and dispose of personal property for the purposes of the Association. c. To acquire by purchase, gift, lease or otherwise, real property and easements therein, necessary or useful and convenient for the operation of the Association, subject to all liens thereon, if any, and to hold and use the same, and to dispose of property so acquired no longer necessary for the purposes of this Association. d. To construct, equip, furnish, operate and maintain a building for joint communications services and ancillary services consistent with the purpose of this Agreement. 3 e. To make and enforce bylaws or rules and regulations for the management and operation of its business and affairs and for the use, maintenance and operation of its facilities and any other of its properties, and to annul the same. f. To do and perform any acts and things authorized by Chapters 28E and 28F of the Iowa Code (2007), as amended, by this Agreement, under, through or by means of its officers, agents and employees, or by contracts with any person or entity. g. To hire employees, fix their compensation, benefits, personnel rules and regulations, and terminate their employment. h. To accept grants, and to enter into contracts, leases, or other transactions with municipal, county, state or federal governmental entities. i. To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the Association. j. To contract with and compensate consultants for professional services including but not limited to architects, engineers, planners, lawyers, accountants, and all others found necessary or useful and convenient to the stated purposes of the Association. k. To provide, consistent with Chapters 24, 28E, and 29C of the Iowa Code (2007), as amended, for a system of budgeting, accounting, auditing and reporting of all Association funds and transactions. 1. To make or cause to be made studies and surveys necessary or useful and convenient to carrying out the functions of the Association. 15. FACILITY: The City oflowa City agrees to lease land at the Iowa City Water Treatment site to the Association at no cost for the construction and operation of a joint emergency communications center. 16. MEETINGS/RECORDS: Association business shall be conducted in compliance with Chapters 21, 22, and 28E of the Iowa Code (2007), as amended. 17. ANNUAL REPORT: The Association shall complete an annual report by March 31 beginning in 2009 for the preceding calendar year and shall distribute it to the Iowa City City Council, Coralville City Council, North Liberty City Council, Johnson County Board of Supervisors, and the Johnson County Emergency Management Commission. 18. AMENDMENT: Terms of this Agreement may be amended only by a written agreement executed by four of the five parties. 19. ADDITION OF PARTIES: A party may join the Association upon the vote of four ofthe five parties, and this Agreement shall be amended accordingly. 20. WITHDRA WAL OF PARTIES: Withdrawal ofa party shall terminate this Agreement. A party may withdraw after four of the five parties hold public hearings before their respective governing bodies with notice published as required by section 362.3 of the Iowa Code (2007) and vote to approve the withdrawal at two meetings held at least thirty days apart. 4 21. TERMINATION/DISSOLUTION: This Agreement shall be terminated, and the Association dissolved, after four parties of the five parties hold public hearings before their respective governing bodies with notice published as required by section 362.3 of the Iowa Code (2007), and vote to terminate at two meetings held at least thirty days apart. The effective date of the termination shall be 180 days following the second vote of the fourth party to approve termination. Termination shall not relieve parties of any financial obligation incurred before the effective termination date under the terms of this Agreement. The Association shall not be dissolved when there remains any indebtedness incurred by the Association. 22. DISTRIBUTION OF PROPERTY: Upon termination ofthis Agreement and dissolution of the Association, the parties agree to negotiate in good faith how the assets of the Association shall be distributed. 23. NOTICES: Notice by any party on another party is effective by ordinary mail addressed to: City Clerk, City ofIowa City, 410 East Washington Street, Iowa City, IA 52240. Executive Assistant, Johnson County Board of Supervisors, 913 S. Dubuque St., Iowa City, IA 52240. City Clerk, City of Coralville, 1505 - 5th Street, Coralville, IA 52241. City Clerk, City of North Liberty, 5 E. Cherry Street, North Liberty, IA 52317. Emergency Management Coordinator, Johnson County I;:mergency Management Commission, P.O. Box 2540, Iowa City, IA 52244. 24. EXISTING FACILITIES: The parties agree that there are no suitable facilities available for rent or sharing for the construction or purchase of a joint communications center within the same general geographic area. In carrying out the provisions of this Agreement and Chapter 29C of the Iowa Code (2007), as amended, the parties further agree to utilize, to the maximum extent practicable, the services, equipment, supplies and facilities of existing departments, officers, and agencies of the state and of political subdivision at the respective levels of responsibility. 25. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors, the City Councils ofIowa City, Coralville, and North Liberty, and the Johnson County Emergency Management Commission, and filed with the Iowa Secretary of State and the Johnson County Recorder as provided in Section 28E.8 of the Iowa Code (2007), as amended. 26. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code ofIowa (2007), as amended, and statutes respecting the rights and responsibilities of political subdivisions. 5 27. REPORTS TO SECRETARY OF STATE: The Association shall submit the initial report and biennial reports to the Secretary of State in accordance with section 28E.8 of the Iowa Code (2007), as amended. 28. SEVERABILITY: If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 29. ENTIRE AGREEMENT: This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties concerning joint emergency response communications services, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. CITY OF IOWA CITY Dated this 27th day of November , 2007. By: ~ _ L).1Ql\- Mayor Attest: ~~~...J.,f. ~~ City lerk ~~ ,f-(\-O"\- Approved: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this :)7 A day of NnurMPE/2. , 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian.K. Karr, to me personally known, 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. ~N~ SONDRAEFORT i~ Commission ~u!11ber 1 ~9791 . . My CommiSSion 1;xplres .. 7 ~oo ~iD.~ Notary Public in and for the State of Iowa 6 CITY OF CORALVILLE Dated this ),,17l" day of tJQV(.- h ~ ,2007. By: ~-L ~.-5f~"~4- ayor - Attest: ~ ~ ~ City Clerk CITY OF CORALVILLE ACfu"l\,JO\:VLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this dOY::h. day of 71 ~~ ,2007, before me, the undersigIle , a bl" "h rl fT all 'T" L 4' . hort.'* J. c>hn~y\' notary pu Ie ill ana tor t e ;state 0 lOWa., person' y appearea JIm . ~ ausett and. " . , to me personally known, who being by me duly sworn, did say that they are the Mayor and Cirj 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 [hat the said lvlayer and City Clerk as such officers ack...'1owledged that the execution)f said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ftl. -;L-~ Notary Public in and for the State of Iowa 03'/6'O? '7 I JOHNSON COUNTY Dated this u?l~ day of // ~Mk . ,2007. By: ~;-!r/ Johnson County Board of Supervisors 1fTrY/ Skf!:iJt ~~ ~ /J2 Attest: ~ 10 c. /) pproved: ~ I'L County AuditorlDesign~ ~ J son County A~ . --4 JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 2tfll day of tJoVefl1~E~ ,2007, before me, ttlhtfty R.U~B8R.. , a Notary Public in and fo!:,..the Stat~oflowa, personally appeared Pat Harney, Board Chairperson and c..AS'i~ I<.wLeL , Auditor/Designee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and _KADLeL acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. NO~in ~e State ofIowa My commission expires: '-I ~ --LoD g 8 CITY OF NORTH LIBERTY Dated this ~:J1% day of ^)O[~ ,2007. By:~a4;42L- Mayor AttestJ~iY'\ ~ City Cle \, ------~-~-- ---.- ~ Approved: ~;r~ City Attorney CITY OF NORTH LIBERTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this )7+h day of \'Jc:::v-tw\.;o..e....r , 2<P~ before me, , a Notary Public in and for the State of Iowa, personally appeared Tom Salm, and Tracey Mulcahey 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 CJ.!:y C.oY!lcil, as contained in Resolution No. 07 - ~ I _ passed by the City Council on the IV OS~] day of r\.J~ ,2001 and that Tom Salm, and Tracey Mulcahey 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. Notary Public for teState of Iowa My commission expires: ;2 -11-tJ? i'N ~ MARY J. BYERS ~ 1: Commission Number 146203 . . My Commission Expires 9 JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION Dated this /7 day of 7z~ ,2007. By: /~#~ - Chairperson JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on by DoV\o--lJ. ~'^tto V\ N /J'{lLf{o-be..y- I ~ , 200 7 as Chairperson of the Johnson County Emergency Management Commission. ~ &~~ Notary publit1n and for the State of Iowa My Commission expires: 5'- /~- ~ 0 ( 0 SD/misc/JtCommCtr28E I 0-23.doc 10