HomeMy WebLinkAbout2008-01-15 Resolution
Prepared by: Marian K. Kan, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 08-1
RESOLUTION TO ISSUE CIGARETTE PERMITS
5c7
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:
Joe's Place - 115 Iowa Avenue
Passed and approved this 15th day of
ATTEST: J
CIT LERK
va~Gu2'2~/ /~c>
ity Attorney's Office la/~c7~ 7
It was moved by Correia and seconded by xayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
x Champion
x Correia
_
g Hayek
x O'Donnell
x Wilburn
_~ Wright
~~~'~ ~ 1
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Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5140
RESOLUTION NO. 08-2
RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 29, 2008, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE IOWA CITY WATER FACILITY
IMPROVEMENTS DOUBLE TEE ROOF BEAM FRP REPAIRS PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of-cost
for the construction of the above-mentioned project is to be held on the 29th day of
January, 2008, at 7:00 p.m. in the Emma J. Harvat Hall, City. Hall, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
01-15-08
5e 1
Passed and approved this 15th day of January , 20 08
ATTEST: ~~ 7~~t,~v'
CIT LERK
I ~~~
r- ~- o~
City Attorney's Office
Pweng/res/ttrooffrpsetph. doc
1 /08
Resolution No. 08-2
Page 2
It was moved by Correia and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES: DAYS: ABSENT:
~_ Bailey
~_ Champion
x Correia
g Hayek
~_ O'Donnell
~_ Wilburn
x Wright
~~ ~~;
5f 1
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 08-3
RESOLUTION NAMING DEPOSITORIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the
City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of
the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City
Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum
approved for each respective financial institution as set out below.
Depository
Name
U.S. Bank N.A.
Iowa State Bank &
Trust Co.
Location of Home Office
800 Nicollet Mall
Minneapolis, MN 55402
102 S. Clinton St.
Iowa City, IA 52244-1700
Local Location
204 East Washington St.
Iowa City, IA 52240
Same
Maximum Balance Maximum Balance
in effect under in effect under
prior resolution this resolution
65,000,000.00 65,000,000.00
Hills Bank & Trust Co. 131 Main Street 132 E. Washington St.
Hills, IA 52235 Iowa City, IA 52240
Regions Bank P.O. Box 387 501 12th Ave, Ste 100
Memphis, TN 38147-0001 Coralville, IA 52241
West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque
West Des Moines, IA 50266 Iowa City, IA 52240
Bank of the West P.O. Box 73850 301 S. Clinton St.
Cedar Rapids, IA 52407-3850 Iowa City, IA 52240
Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St
Des Moines, IA 50309 Iowa City, IA 52240
University of Iowa 500 Iowa Avenue Same
Community Credit Union Iowa City, IA 52244-2240
Freedom Security 140 Holiday Rd. Same
Bank PO Box 5880
Coralville, IA 52241
Farmers & Merchants 1550 S. Gilbert St. Same
Savings Bank Iowa City, IA 52240
Liberty Bank 6400 Westown Parkway 205 E College
Des Moines, IA 50266 Iowa City, IA 52240
First American Bank 1207 Central Avenue 1901 Broadway, Ste 2
Fort Dodge, IA 50501 Iowa City, IA 52240
American Bank & Trust 4301 East 53rd Street 805 22nd Avenue
Davenport, IA 52807 Coralville, IA 52241
Passed and approved this 15th day of
ATTEST: G~.~G~~% ~~LV
~~ CITY CLERK
35,000,000.00 35,000,000.00
25,000,000.00 25,000,000.00
35,000,000.00 35,000,000.00
35,000,000.00 35,000,000.00
50,000,000.00 75,000,000.00
50,000,000.00
50,000,000.00
15,000,000.00
50,000,000.00
50,000,000.00
15,000,000.00
15, 000, 000.00 15, 000, 000.00
25,000,000.00
25,000,000.00
10, 000,000.00
25,000,000.00
25,000,000.00
10,000,000.00
~/a'
City Attorney's Office
Resolution No. 08-3
Page 2
It was moved by Correia and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
X Champion
x Correia
x Hayek
~_ O'Donnell
~_ Wilburn
x Wright
~~~ - 5-0
5f 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-4
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1835 FAIR MEADOWS BOULEVARD, IOWA
CITY, IOWA.
WHEREAS, on January 8, 1998, the owners executed a Mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, the terms of the loan have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 1835 Fair Meadows Boulevard, Iowa City, Iowa from a Mortgage recorded
January 23, 1998, Book 2409, Page 157 through Page 161 of the Johnson County
Recorder's Office.
Passed and approved this 15th day of January , 20~_.
Appro`~
-/J 1 a ~~ 8--~`T
ATTEST: ' `~ ~ ~~
CITY CLERK City Attorney's Office
It was moved by r~,~~~ and seconded by xavek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~ Correia
~_ Hayek
x O'Donnell
g Wilburn
~_ Wright
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): Earl Steven and Rita M. Decker
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1835 Fair Meadows Boulevard, Iowa
City, Iowa, and legally described as follows:
Lot 15, Block 2, Fair Meadows Addition, First Unit, Iowa City, Johnson County, Iowa,
according to the recorded plat thereof, subject to a first real estate mortgage to American
Federal Savings & Loan Association of Central Iowa dated February 20, 1979 and recorded
February 22, 1979 in Book 267, page 118, Mortgage Records of the Johnson County
Recorder's Office
from an obligation of the owners, Earl Steven and Rita M. Decker, to the City of Iowa City
represented by a Mortgage recorded January 23, 1998, Book 2409, Page 157 through Page
161 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 current.
n
c
Approved by
ATTEST:
CITY ERK City Attorney's Office
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this !S~ day of S'aN uq iQy _ , A.D. 20Q~, before me, the undersigned, a Notary Public in and for said County, in
said State, personally appearedl~aydvrt t),Q~;y~ nd Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clem, re~pectivEly, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bej~alf of the corporation by
authority of its City Council, a- ^~ ~`-~--~+ ~n Resolution No. Q~,-~,, adopted by the City Council on the ~'~"'`tiay ~M1uMty ,
20y~_ and that the said f?aywt7w~.l34ihend Marian K. Karr as such officers acknowledged the execution of said instrument o be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
,~ SONDRAE FORT
i ~ Commission Number 159791 Sav~a~~. ~~+~
My Commission Expires Notary Public in and for Johnson County, Iowa
• pyy 7 r~QD
5f(3)
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-5
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH
IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY
IN AVIATION COMMERCE PARK TO EXTEND THE TERM.
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement
("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa
Realty Commercial to sell and lease the property known as the Aviation Commerce Park
subdivision; and
WHEREAS, the Listing Agreement has previously been amended seven times including
most recently in Resolution No. 07-278;
WHEREAS, the Listing Agreement will expire on January 22, 2008; and
WHEREAS, it is in the best interest of the City of Iowa City to amend to the Listing
Agreement by extending the term to December 31, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to
the Eighth Amendment to Listing Agreement, a copy of which is attached.
Passed and approved this 15th day of , 2008.
~.
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OR
ATTEST:
CIT LERK
Approved by
~~-' 113 ~~ ~
City Attorney's Office
Resolution No. 08-5
Page 2
It was moved by Correia and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
~ Champion
~_ Correia
~ Hayek
~ O'Donnell
x Wilburn
_~ Wright
EIGHTH AMENDMENT TO LISTING AGREEMENT
WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and
NAI Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and
lease the property known as the Aviation Commerce Park subdivision;
WHEREAS, the parties have previously entered into seven amendments including an
amendment that extends the term of the Listing Agreement to January 22, 2008;
WHEREAS, the parties wish to extend the Listing Agreement through 2008; and
WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written
agreement of the parties.
IT IS THEREFORE AGREED that:
Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph
5 is substituted in lieu thereof:
5. TERM. The term of this Agreement and Agent's employment, right and authority
shall expire on December 31, 2008.
All other terms of the Listing Agreement, as amended, shall remain in full force and effect.
NAI IOWA REALTY COMMERCIAL
1Z) 3~ ~ ~~
Pe ughter Date
~~ oZ-
Randy Mil Dat
~,.....
THE 10 CITY AIRPOR OMMISSION f ~ ~ ~
-~ ~ ~~i ~-
rd Horan, Chair`~erson\ / Date
Attest:
.lanelle Rettig, Secretary Date
EIGHTH AMENDMENT TO LISTING AGREEMENT
WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and
" ~ '-~. a ~' ~;?ty Ccmmercia! entered into listing agreement l"Listing Agreement") to s~!" end
lease the property known as the Aviation Commerce Park subdivision;
WHEREAS, the parties have previously entered into seven amendments including an
amendment that extends the term of the Listing Agreement to January 22, 2008;
WHEREAS, the parties wish to extend the Listing Agreement through 2008; and
WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written
agreement of the parties.
IT IS THEREFORE AGREED that:
Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph
5 is substituted in lieu thereof:
5. TERM. The term of this Agreement and Agent's employment, right and authority
shall expire on December 31, 2008.
All other terms of the Listing Agreement, as amended, shall remain in full force and effect.
THE IOWA CITY AIRPO OMMISSION
oward Horan, Chairperson
Attest:
I
Janelle ettig, Secretary
c% ~ c~
ate
a G $~
Da e
NAI IOWA REALTY COMMERCIAL
THE CITY OF IOWA CITY
Ma tian K. Karr, City Clerk
STATE OF IOWA )
ss:
JOHNSON COUNTY )
r
' D. Bailey, Mayor
CITY ACKNOWLEDGMENT
On this l5 ~ day of ~.T 2008, before me, the undersigned, a
notary public in and for the State of to ,personally appeared Regenia D. Bailey 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.
S~,o>~ ~~
Notary Public in and for the State of Iowa
Approve
~-- e ~ 3 ~a g-
City Attorney's Office
o,~'''~s SONDRAE FORT
_ ~ Commission Number 159791
My Commission Facpires
pow
__~"~ ~ 3 ~
EIGHTH AMENDMENT TO LISTING AGREEMENT
WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and
NAI Iowa -'Realty Commercial entered into listing agreement ("Listing Agreement") to sell and
lease the pr perty known as the Aviation Commerce Park subdivisio
WHEREAS, t parties have previously entered into seve amendments including an
amendment that xtends the term of the Listing Agreement to J uary 22, 2008;
WHEREAS, the pa 'es wish to extend the Listing Agreemen hrough 2008; and
WHEREAS, Paragrap 13 of the Listing Agreement pro 'des that it may be amended by written
agreement of the parties.
IT IS THEREFORE ACRE that:
Paragraph 5 of the Listing Agre ment is delete in its entirety and the following new Paragraph
5 is substituted in lieu thereof:
5. TERM. The term of is Ag eement and Agent's employment, right and authority
shall expire on Decem er 1, 2008.
All other terms of the Listing Agreeme s amended, shall remain in full force and effect.
NAI IOWA REALTY COMME
ughter
1Z 13~
O
ndy Mi
THE IOWA C~`fY AIRPORT COMMISSION
Howard Horan, Chairperson
Date
Attest:
Janelle Rettig, Secretary
Date
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140
RESOLUTION NO. 08-6
RESOLUTION ACCEPTING THE WORK FOR THE DURABLE PAVEMENT
MARKING PROJECT 2007
WHEREAS, the Engineering Division has recommended that the work for construction of the
Durable Pavement Marking Project 2007, as included in a contract between the City of Iowa City
and Dennis Parking Lot Maintenance, Inc. of Des Moines, Iowa, dated June 19, 2007, 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 $132,749.86.
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 i 5th day of .tamrar~ ~ 20..9.E-•
r
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M
Approved by
ATTEST: ~ • ~~C ,~~~rlu
CITY ERK City Attorney's Office ~ /~~~6t
It was moved by Correia and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
_~ Hayek
~_ O'Donnell
~_ Wilburn
x Wright
Pweng/res//durablepave07-acptwork.doc
1 /OS
r
,`~.p~~ CITY OF IOWA CITY 5f(4)
~, ~ , .,~~
MEMORANDUM
Date: January 8, 2008
To: Dale Helling
From: d-a,-~
Kim Sandberg
Re: Agenda Items
The following are costs associated with the Capital Improvement Project being
presented for acceptance at the January 15th Council meeting:
1) Durable Pavement Marking Project 2007
Contractor.' Dennis Parking Lot Maintenance
• Project Estimated Cost: $ 176,000.00
• Project Bid Received: $ 135,575.00
• Project Actual Cost: $ 132,749.86
^ ,~ ~ t~1-15-08
V V I 5f 5
Prepared by: Brad Neumann, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235
RESOLUTION NO. 08-7
RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICA-
TION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER
SECTION 5307, 5309, 5310, 5316, AND 5317 OF CHAPTER 49, US CODE OF
FEDERAL REGULATIONS, FOR TRANSIT OPERATING AND/OR CAPITAL
ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE
CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID
APPLICATION.
WHEREAS, the City of Iowa City has a municipal transit system; and
WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation
projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant,
including the provision by it of the local share of projects costs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, AS FOLLOWS:
1. That the City Manager is authorized to execute and file an application on behalf of the City
of Iowa City with the U.S. Department of Transportation, to aid in the financing of
transit operations, capital improvements, and project planning pursuant to Sections 5307,
5309, 5310, 5316 and/or 5317; Chapter 49, United States Code.
2. That the City Manager is authorized to execute and file with said application the annual
certifications and assurances or any other document required by the U.S. Department of
Transportation and the Federal Transportation Administration before awarding a federal
assistance grant.
3. That the City Manager, or his/her designee, or the Transportation Planner or Assistant
Transportation Planner for the Johnson County Council of Governments' Transportation
Planning Division are authorized to furnish such additional information as the U.S.
Department of Transportation may require in connection with the application.
4. That the City Manager, or his/her designee, are authorized to execute grant agreements
on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the
financing of transit operations, capital improvements, and project planning.
5. The Johnson County Council of Governments -Transportation Planning Division -
Assistant Transportation Planner is authorized to: (a) submit and review Federal Transit
Administration grant applications, quarterly reports, and any other required information;
and (b) execute electronically the required FTA Annual Certifications and Assurances for
the City of Iowa City. An original copy of the Annual Certifications and Assurances will be
kept on file by the City of Iowa City.
Resolution No. 08-7
Page 2
6. That the grant agreement, upon FTA approval, may be executed electronically by JCCOG
Assistant Transportation Planner on behalf of the City Manager, City of Iowa City.
It was moved by Correia and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES
x
x
x
x
~_
x
NAYS:
Passed and approved this 15th day of
ATTEST:
CITY
ABSENT:
Bailey
Champion
Correia
Hayek
X O'Donnell
Wilburn
Wright
20~$.
Hp~ pr ea uy. ~/~~~
-..-~
City Attorney's Office
Jccogtp/it~cres.doc
- 5-08
~~ 7b
Prepared by: Adam Ralston, Planning Intem,410 E. Washington St., Iowa City, IA 52240 (319)356-5230 (SU607-00006)
RESOLUTION NO. 08-8
RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF LYN-DEN HEIGHTS,
PART III PHASE I, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, the John Oakes Estate, by and through Gayle Oakes Clark as executor,
filed with the City Clerk the final plat of Lyn-Den Heights, Part III Phase I, Johnson County, Iowa;
and
WHEREAS, said subdivision is located on the following-described real estate in Johnson County,
Iowa, to wit:
A PORTION OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA AND A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-QUARTER
OF SECTION 31, TOWNSHIP 80 NORTH, RANGE 5 WEST OF THE 5T" PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBES AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 80 NORTH, RANGE 5
WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°26'43"E ALONG
THE WEST LINE OF THE NORTH ONE-HALF OF SAID NORTHWEST ONE-QUARTER, 341.95 FEET;
THENCE N90°00'00"W, 8.77 FEET TO THE POINT OF BEGINNING; THENCE S01°01'24"W, ALONG THE
WEST LINE OF A TRACT OF LAND IN THE NORTHWEST ONE-QUARTER OF SAID NORTHWEST
ONE-QUARTER RECORDED IN PLAT BOOK 5, PAGE 5, IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER, 80.73 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND;
THENCE S83°13'08"E ALONG THE SOUTH LINE OF SAID TRACT OF LAND, 184.79 FEET; THENCE
N66°13'48"E ALONG SAID SOUTH LINE, 315.80 FEET; THENCE N77°12'50"E ALONG SAID SOUTH
LINE, 538.91 FEET; THENCE S87°23'39"E ALONG SAID SOUTH LINE, 66.75 FEET; THENCE
S43°32'25"E ALONG SAID SOUTH LINE, 310.12 FEET; THENCE S32°41'25"E ALONG SAID SOUTH
LINE, 219.70 FEET; THENCE S89°55'25"E ALONG SAID SOUTH LINE AND THE EASTERLY
EXTENSION THEREOF, 31.49 FEET TO THE CENTERLINE OF RAPID CREEK ROAD NE; THENCE
SOUTHWESTERLY, 162.60 FEET, ALONG SAID CENTERLINE AND AN ARC OF A 1061.86 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 162.45 FOOT CHORD BEARS S08°17'55"W
TO THE MOST NORTHERLY CORNER OF LOT 1 OF HOLLOWAY SUBDIVISION IN JOHNSON
COUNTY, IOWA, RECORDED IN PLAT BOOK 27, PAGE 40, IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER; THENCE SOUTHWESTERLY, 952.64 FEET ,ALONG THE NORTHERLY LINE OF
SAID HOLLOWAY SUBDIVISION AND AN ARC OF A 716.30 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, WHOSE 883.97 FOOT CHORD BEARS S53°16'47"W; THENCE N88°37'12"W
ALONG SAID NORTHERLY LINE, 168.90 FEET; THENCE NORTHWESTERLY, 567.31 FEET, ALONG
SAID NORTHERLY LINE AND AN ARC OF A .1432.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 563.61 FOOT CHORD BEARS N77°16'29"W TO THE NORTHWEST
CORNER OF SAID HOLLOWAY SUBDIVISION; THENCE NORTHWESTERLY, 246.52 FEET, ALONG
THE NORTHERLY LINE OF LYN-DEN HEIGHTS SUBDIVISION, JOHNSON COUNTY, IOWA AS
RECORDED IN PLAT BOOK 18, PAGE 57 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER
AND AN ARC OF A 1300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 246.15
FOOT CHORD BEARS N60°33'12"W; THENCE NORTHWESTERLY, 150.22 FEET; ALONG SAID
NORTHERLY LINE AND AN ARC OF A 1910.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 150.18 FOOT CHORD BEARS N52°48'53"W; THENCE N50°33'34"W ALONG SAID NORTHERLY
LINE, 516.93 FEET TO THE NORTHWEST CORNER OF SAID LYN-DEN HEIGHTS SUBDIVISION;
THENCE N02°07'02"W, 44.10 FEET; THENCE N00°38'18"W, 244.58 FEET; THENCE S90°00'00"E, 761.16
FEET TO THE POINT OF BEGINNING, CONTAINING 38.67 ACRES SUBJECT TO EASEMENTS AND
Resolution No.. 0~-g
Page 2
RESTRICTIONS OF RECORD.
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
recommended that said final plat and subdivision be accepted and approved; and
WHERAS, a conditional dedication has been made to the public, and the subdivision has been
made with the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the final
plat after passage and approval by law. The City Clerk shall certify and send plat and
supporting documents to the office of Planning and Zoning of Johnson County, Iowa: All
recording expense is the responsibility of the owner/subdivider.
Passed and approved this 15th day of Tanaur_~ , 20~_.
ATTEST:
CITY ERK
ES:
NAYS:
.. ~
M
Approved by
~f4 ~~1~~
City Attorney's Office ~ ~v~a8
ABSENT:
~~ Champion
Correia
Hayek
- O'Donnell
Wright
S:\PCD1Staff Reports\Lyn-Den Heights Part III\SUB07-00006 resolution
Resolution No. 08-8
Page ~_
It was moved by Champion and seconded by wr; ght the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x
-~-
~-
x
~_
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
~~
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB07-00006
GENERAL INFORMATION:
Prepared by: Adam Ralston, Planning Intern
Date: December 20, 2007
Applicant: The John Oakes Estate
4584 Rapid Creek Rd NE
Iowa City, IA 52240
Phone:
Requested Action:
Purpose:
Location:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
60 Day Limitation Period:
BACKGROUND INFORMATION:
(319) 338-6912
Final Plat approval
2-lot residential subdivision
North side of Rapid Creek Road NE, approximately
'/< mile east of Highway 1
North: Agricultural; County Al
South: Residential; County RS & Al
East: Agricultural; County Al
West: Residential; County RS & Al
December 4, 2007
January 18, 2008
February 2, 2008
The applicant, the John Oakes Estate, is requesting approval of the final plat of Lyn-Den Heights
Part III. The final plat would divide the original parcel into two separate parcels. The first parcel,
approximately 2.19 acres, would include an existing dwelling located on the property. The
applicant has indicated that the present driveway, well, and septic system will continue to be used.
The second parcel, approximately 30.60 acres, would be left as an outlot for future development.
The remaining 5.88 acres would be dedicated to Johnson County secondary roads by easement.
A preliminary plat for this property was approved earlier this year.
ANALYSIS:
The final plat as submitted is in general conformance with the approved preliminary plat. An
exception is that the preliminary plat shows the original parcel being subdivided into thirty-eight
lots in addition to several outlots while the final plat shows the original parcel being divided into
only two lots. One lot would include an existing dwelling while the other would be set aside as an
outlot for future development according to the previously approved preliminary plat. Approval of
the final plat would not allow any new development to occur.
County road performance standards have been an issue in the development of this property. The
2
traffic volume on Rapid Creek Road NE currently exceeds the threshold that would allow the
County to approve a subdivision of thirty-eight lots due to the increase in traffic volume that would
result. The County has approved a preliminary plat for development contingent upon Rapid Creek
Road improvements being installed prior to the final platting of the property into 38 lots. Until such
road improvements have been implemented, only limited development can occur. As shown, the
final plat for this application will allow no new development to occur. Therefore, no additional
traffic volume would arise due to approval of this final plat. The legal papers stipulate that no
development can occur until specified roadway improvements have been put in place.
It is expected that upgrades will be made to Rapid Creek Road NE in the future. Once this
roadway has been upgraded, the remaining 30.60 acre outlot could then be further subdivided as
per the preliminary plat.
STAFF RECOMMENDATION:
Staff recommends that SU607-00006, the final plat of Lyn-Den Heights Part III, a 38.67 acre, 2-lot
subdivision located on the north side of Rapid Creek Road, be approved subject to approval of
legal papers prior to City Council consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by: i~~~"
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 08-9
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT
FOR THE ADMINISTRATION OF FOUR DOWNTOWN IOWA CITY INFORMATION
KIOSKS BY AND BETWEEN THE CITY OF IOWA CITY AND THE DOWNTOWN
ASSOCIATION OF IOWA CITY
WHEREAS, the City of Iowa City (City) owns four four-sided kiosks located on the downtown pedestrian
mall of Iowa City and atwo-sided kiosk on Iowa Avenue and Dubuque Street; and
WHEREAS, the purpose of the kiosks is to provide timely, valuable information to downtown visitors; and
WHEREAS, maintenance of the bulletin boards within the kiosks has proven to be time-intensive and City
staff desires to share in the responsibility of it; and
WHEREAS, the Downtown Association of Iowa City (DTA) seeks to use the four four-sided kiosks to
promote downtown businesses and will assume responsibility for maintaining and updating the postings
on the four four-sided kiosks. The City will continue to be responsible for postings in the two sided kiosk
on Iowa Avenue and Dubuque Street,
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 Agreement for Administration of
the Downtown Information Kiosks by and between the City of Iowa City and the Downtown
Association of Iowa City, which Agreement is attached hereto and made a part hereof.
Passed and approved this 15th day of ranua~ , 20-~.8_.•
MA
Approved by
ATTEST: %I a.c.~~ ~' >~ -~%
CITY RK
~~'
City Attorney's Office
~-'~~a~
Resolution No. 08-9
Page 2
It was moved by Wilburn and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
X
NAYS:
Correia
ABSENT:
Bailey
Champion
Correia
Hayek
x O'Donnell
Wilburn
Wright
the
Prepared by Wendy Ford„ 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
AGREEMENT
FOR ADMINISTRATION OF DOWNTOWN KIOSKS BETWEEN
The DOWTOWN ASSOCIATION of IOWA CITY
and the
CITY of IOWA CITY
WHEREAS, the City of Iowa City (City) owns four four-sided kiosks located on the downtown
pedestrian mall of Iowa City and atwo-sided kiosk on Iowa Avenue and Dubuque Street; and
WHEREAS, the purpose of the kiosks is to provide timely, valuable information to downtown
visitors; and
WHEREAS, maintenance of the bulletin boards within the kiosks has proven to be time-
intensive and City staff desires to share in the responsibility of it; and
WHEREAS, the Downtown Association of Iowa City (DTA) seeks to use the four four-sided
kiosks to promote downtown businesses and will assume responsibility for maintaining and
updating the postings on the four four-sided kiosks. The City will continue to be responsible for
postings in the two sided kiosk on Iowa Avenue and Dubuque Street,
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
1) The DTA will assume the task of updating the information and/or advertising within the
four-sided kiosks in accordance with the terms of this agreement.
2) Two of the four bulletin boards within each kiosk may be used for advertising by for-profit
businesses. The DTA may charge businesses for advertising and use the proceeds for
DTA's operational expenses. All advertising must meet the following requirements:
a. Shall not proselytize a particular point of view or contain political viewpoints or
material.
b. Shall not contain violent, defamatory, or sexually explicit language or pictures.
c. Shall contain the name of the business or sponsoring organization.
d. Shall contain specific information about the activity or event (i.e. time, date, and
place).
e. Shall provide contact information to obtain accommodations, auxiliary aids or
services to enable participation by persons with disabilities.
£ Shall not directly or indirectly indicate that the participation of persons is unwelcome,
objectionable or not solicited because of age, color, creed, disability, gender
identity, marital status, national origin, race, religion, sex or sexual orientation.
g. Shall not promote tobacco, alcohol or drink specials.
h. Shall be updated in a timely fashion such that advertising or promotions are never
longer than one month out of date.
3) One of the four bulletin boards in each kiosk will be maintained by the DTA for
"Community News". "Community News" is material that welcomes visitors and
provides information to the community about community activities and events. The
space shall be provided for free to bona-fide non-profit organizations for the
announcement of non-commercial public events. In addition, the same prohibitions and
requirements applicable to advertising shall apply to postings on the Community News
boards.
4) One of the four bulletin boards in each kiosk must contain a map and directory of the
downtown provided by the City. It is understood that the map will be located in one of
the smaller bulletin board cases.
5) This agreement covers only the bulletin boards within the kiosks. The City will continue to
be responsible for the newspaper vending machines.
6) If the City determines that a posting in a kiosk is contrary to the terms of this agreement it
may remove the posting and notify the DTA that it has done so.
7) The DTA will assist in the cleaning of the plexiglass covers of the bulletin boards and alert
the Central Business District Maintenance staff (Sherry Thompson - 356 -5107) in the
event repairs or replacements of parts are needed.
8) The City will maintain the structural integrity of the kiosks, replace parts or light bulbs as
necessary and periodically repaint and refurbish the structures as budgets allow. If
painting is scheduled, it may become necessary to temporarily remove the bulletin board
display items. DTA will be given 10 days notice regarding any painting and the City will
make every effort to complete the painting as quickly as possible.
9) Either the City or the DTA may terminate this agreement with 10 days written notice to the
other party. Notice shall be effective upon mailing sent to the following:
Downtown Association of Iowa City City of Iowa City
c/o Executive Director c/o City Manager
325 E. Washington Street 410 E. Washington Street
Iowa City, Iowa 52240 Iowa City, Iowa 52240
Attest:
City erk
Approved by:
City Attorney's Office
P sident, Do nto A sociation of Iowa city
a Bon lenah
Executive Director, Downtown Association of Iowa City
01-15-08
~~~ 10
~.
Prepared by: Wendy Ford, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)
356-356-5248
RESOLUTION NO. 08-10
RESOLUTION AUTHORIZING A $2000 PAYMENT TO THE UNIVERSITY OF
IOWA SMALL BUSINESS DEVELOPMENT CENTER (SBDC) FOR FISCAL
YEAR ENDING 2008.
WHEREAS, the State of Iowa has approved new funding of $20,000 to SBDC, provided there is a
local match; and
WHEREAS, the SBDC has formally requested from the City a payment of $2000 to assist with
local match requirements; and
WHEREAS, the City of Iowa City Economic Development Division regularly refers clients with
under-developed business ideas to the SBDC for technical assistance; and
WHEREAS, the SBDC helps those clients determine whether their business ideas are viable and
how to improve viability; and
WHEREAS, the SBDC provides professional development for small business clients; and
WHEREAS, the SBDC assists the City by working with these clients before they approach the city
for financial assistance; and
WHEREAS, the City Council Economic Development Committee has recommended a $2000
payment to the SBDC in FY '08,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
A payment of $2000 from the FY08 City of Iowa City Municipal Budget be made to the SBDC.
Passed and approved this 15th day of January , 20~_.
ATTEST: a__ia~
CI LERK
c
M
proved by
ity Attorney's Office ~_ !~_ d~I
Resolution No. 08-10
Page 2
It was moved by Correia and seconded by Hayek ~ the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
g Champion
x Correia
~_ Hayek
~_ O'Donnell
x Wilburn
~_ Wright
r
~~!~®~r C[TY OF IOWA C[TY 11
..ni~li.~''ti
,~®.~~ ~ D U 1VI
E~C~RA
M
..,~.a._
Date: December 28, 2007
To: City Council
From: Tracy Hightshoe, Associate Planner
Re: CDBG Economic Development Funding Recommendation
Home Ec. Workshop LLC
Applicants, Alisa Weinstein and Codi Josephson, owners of Home Ec. Workshop are
requesting funds for a new business startup. The business is a retail craft supply store,
workshop space and kitchenette providing dunks, tea and baked goods. Besides the
retail portion of the business, the owners will provide classes, party packages, a
workshop for rental use with sewing machines, printing materials, utility sink, cutting
table, book making equipment, etc. and will sell their own line of artistic products called
Home Ec. Handmade.
The business will be located at 207 North Linn Street and will provide creative services
and retail products in the Old Capitol Cultural District. The two owners of the business
qualify as low-to-moderate income persons and the business is considered amicro-
enterprise under the CDBG program. Job creation/retention is not required under
micro-enterprise assistance.
CDBG funds will be used for working capital. The Council Economic Development
Committee recommended a $15,000 loan at 2% interest for a maximum term of 7 years.
The applicant secured a private loan with Hills Bank through the State of Iowa Treasurer
LIFT program and a $20,000 loan from a private investor. Due to high owner
investment in the business, previous experience in arts education and crafts, and a
history of paying loan obligations, the committee recommended funding this business
start-up even though the loan will not be fully secured. The loan will be partially
secured by a financing statement on all business assets.
N''~~
~,
Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
RESOLUTION NO. 08-11
RESOLUTION APPROVING FUNDING FOR HOME EC. WORKSHOP LLC FROM IOWA
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT -ECONOMIC DEVELOPMENT
FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE
OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT.
~n~u~oCnc + r~+„ .,f ~.,,.,~ ('i4v hoe a (r~mm~inity DP\/PIllnmPrlt Rlpr_.k ,?rant (CDBG) funded
VYI ILI\L!'~V, lhG Vlly VI Ivrru v~ay luv J "1""'-"'
Economic Development Fund; and
WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006-
2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual
Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower
income residents with housing, jobs and services; and
WHEREAS, the City has disseminated information and the Iowa City City Council Economic
Development Committee held a public meeting to discuss said project; and
WHEREAS, the Iowa City City Council Economic Development Committee has recommended
that the project submitted by Home Ec. Workshop LLC be allocated $15,000; and
WHEREAS, the Iowa City City Council Economic Development Committee has recommended
that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an
interest rate of 2%; and
WHEREAS, the City Council finds that the public interest will be served by an allocation of
CDBG funding for said project as the business qualifies as amicro-enterprise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Manager is hereby authorized and directed to provide all the necessary
certifications or documents required by the U.S. Department of Housing and Urban
Development.
2. The City Manager is authorized to execute, terminate or amend an agreement(s)
with Home Ec. Workshop LLC for activities in connection with this allocation of public
funds.
Passed and approved this 15th day of
ATTEST: ~?~~=.r ~.tiy /) / =Z.~Lii
CITY LERK
20~_.
c
Appro_ve_d by
City Attorney's Office
Ppdcdbg/res/home ec.doc
Resolution No. 08-11
Page 2
It was moved by Correia and seconded by wr; ghr the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~ Correia
x Hayek
x O'Donnell
_ Wilburn
x Wright
ABSTAIN:
x
~~®~ CITY OF IOWA CIT 12
~m~~`~
RAN
Ma
~~
Date: December 28, 2007
To: City Council
From: Tracy Hightshoe, Associate Planner
Re: CDBG Economic Development Funding Recommendation
The Wedge Pizzeria, Inc.
Steve Harding, owner of The Wedge Pizzeria, Inc. is requesting funds to expand his
operations by opening a second location in the pedestrian mall in downtown Iowa City.
The Wedge Pizzeria at 517 S. Riverside Drive was founded in 1999 and offers pizza by
the slice and pizza delivery service, however there is no seating capacity. The new
downtown location will have seating and anticipates that 80-90% of the business will be
pizza by the slice. The 517 S. Riverside Drive location will continue to provide pizza by
the slice, but will also provide delivery service for the two locations. The downtown
location is favorable for this type of expansion and the existing and proposed
businesses do not sell alcohol.
The existing location employs 27 employees (including 5 full time positions). The
expansion will create new employment for approximately 31 persons, primarily all low-
moderate income persons. Of the positions created, there will be 9 managers, four full-
time and five part-time. Management positions will make between $10-12 per hour and
the part-time positions will make between $8-10 per hour.
CDBG funds will be used for working capital. The Council Economic Development
Committee recommended a $40,000 loan at 3% interest for a maximum term of 7 years.
The applicant secured private loans with First American Bank for up to $150,000. First
American Bank has placed liens on all equity available from the owner's private
residence and rental property; however assistance is necessary to cover the collateral
shortfall. The bank requests outside financing to mitigate the risk for the expansion.
The loan through First American Bank has a 50% SBA guaranty. Due to high owner
commitment and investment in the business, the owner's successful history of
managing the business, and a history of paying loan obligations, the committee
recommended funding this business even though the loan will not be fully secured.
The loan will be partially secured by a financing statement on all business assets at
both the new and existing locations.
G~/1-~-
C.
Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
RESOLUTION NO. 08-12
RESOLUTION APPROVING FUNDING FOR THE WEDGE PIZZERIA, INC. FROM IOWA CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT -ECONOMIC DEVELOPMENT FUND AND
AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND
SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded
Economic Development Fund; and
WHEREAS, the CDBG .Economic Development Fund was approved within Iowa City's 2006-2010
Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a
subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with
housing, jobs and services; and
WHEREAS, the City has disseminated information and the Iowa City City- Council Economic
Development Committee held a public meeting to discuss said project; and
WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the
project submitted by the Wedge Pizzeria, Inc. be allocated $40,000; and
WHEREAS, the Iowa City City Council Economic Development Committee has recommended that
these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest
rate of 3%; and
WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG
funding for said project to create employment opportunities for low-moderate income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Manager is hereby authorized and directed to provide all the necessary
certifications or documents required by the U.S. Department of Housing and Urban
Development.
2. The City Manager is authorized to execute, terminate or amend an agreement(s) with the
Wedge Pizzeria, Inc. for activities in connection with this allocation of public funds.
Passed and approved this 15th day of January , 20_Q$.__~
M Y
Approved by
ATTEST: ~~ s utu~` 3' -
CITY ERK
City Attorney's Office
wpdata/ppdcdbg/res/wedge.doc
Resolution No. 08-12
Page 2
It was moved by Correia and seconded by Wright the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
~_ Bailey
g Champion
x Correia
_~ Hayek
_~ O'Donnell
Wilburn x
x Wright
l
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND FIRST AMERICAN BANK, IOWA CITY, IOWA FOR
PERSONAL BUSINESS PROPERTY LOCATED AT 136 SOUTH DUBUQUE
STREET, IOWA CITY, IOWA WITHIN THE BUSINESS OF THE WEDGE
DOWNTOWN, INC.
WHEREAS, the City of Iowa City is the owner of the following described real estate:
The Iowa City Public Library, commercial space of approximately 4,580
square feet, bearing the address of 136 S. Dubuque Street, Iowa City, IA,
(hereinafter "premises")
13
WHEREAS, the City of Iowa City will be executing a Lease Assignment and Amendment
agreement with Capanna Coffee, Inc., and approving a sublet to The Wedge Downtown,
Inc., for the premises; and
WHEREAS, the City, under Iowa Code Section 570 would be entitled to a statutory lien
against the personal business property contained in the premises in the event of a
default by The Wedge Downtown, Inc.; and
WHEREAS, First American Bank will be providing The Wedge Downtown, Inc. with a
small business loan, including money for all the equipment which would be subject to the
statutory lien, contingent upon the City subordinating our lien rights to theirs; and
WHEREAS, First American Bank has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of First
American Bank; and
WHEREAS, This agreement affects only the property held by The Wedge Downtown,
Inc., and not the City's tenant, Capanna Coffee, Inc.; and
WHEREAS, the City maintains its property interest in the premises, and can re-lease the
premises in the event of a default; and
WHEREAS, it is in the City's interest to see The Wedge Downtown, Inc. receive the loan
and succeed as the City's subtenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City Farmers and Merchants
Bank, Iowa City, Iowa.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by ~~~~
City Attorney's Office
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the
LANDLORD'S WAIVER AND CONSENT TO ENTER PREMISES TO REMOVE COLLATERAL
TO: First American Bank
The Undersigned being the Owner and Landlord of the premises described as 136 S Dubuque Street, Iowa City,
IA 52244(the Premises), having leased such Premises to The Wedee Downtown, Inc. (Tenant), and having been
advised by the Lender that Tenant has entered into a security agreement with Lender whereby Tenant has granted to
Lender a security interest in:
All business machinery, equipment, tools, furniture, furnishings, fixtures, inventory, accounts receivable,
leasehold improvements, chattel paper, contract rights and general intangibles, now owned to be acquired,
with loan proceeds, and hereafter acquired, including all additions, increases, accessions, proceeds, products,
replacements and substitutions thereof, and proceeds of sale of collateral, all or part of which may be located
upon or affixed to the Premises, agrees that the Collateral will remain person property, will not become part
of the premises, as a fixture or otherwise, and Lender may enter the Premises at any time to remove the
Collateral in the exercise of its rights and remedies arising from the security agreement.
SUBORDINATION. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and
subordinates all interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral to the
security interest of Lender. Landlord agrees that any lien, security interest or claim it may now have or may hereafter
have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the
Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement.
ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the
purpose of removing Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights
granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from
Landlord that Borrower is no longer in lawful possession of the Premises. If Lender enters onto the Premises and
removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are
damaged, without repairing any such damage.
MISCELLANEOUS PROVISIONS. This Agreement shall extend to and bind the respective heirs, personal
representative, successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord
respecting subordination of the claim or claims of Landlord in favor of Lender shall intend to, include, and be
enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement
shall apply. Lender need not accept this Agreement in writing or otherwise to made it effective. This Agreement shall
be governed by and construed in accordance with the Laws of the State of Iowa. If Landlord is other than an
individual, any agent or other person executing this Agreement on behalf of landlord represents and warrants to Lender
that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be
deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender.
Without notice to landlord and without affecting the validity of this Consent, Lender may do or not do anything it
deems appropriate or necessary with respect to the Loan, any obligor on the Loan, or any Collateral for the Loan;
including without limitation extending, renewing, rearranging, or accelerating any of the Loan indebtedness. No delay
or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of the Agreement shall not constitute a waiver or prejudice Lender's right otherwise to
demand strict compliance with that provision or any other provision. Whenever consent by Lender is required in the
Agreement, the granting of such consent by Lender in any one instance shall not constitute continuing consent to
subsequent instances where such consent is required.
IN WITNESS WHEREOF, the Undersigned, intending to be legally bound hereby, has executed this Waiver and
Consent to Enter Premises the day of , 2007.
LANDLORD: CITY OF IOWA CITY
By:
Regenia D. Bailey, Mayor
SUBLANDLORD:
Mike McCain d/b/a Capanna Coffee & Gelato
By:
0-5-8
14
f
Prepared by: Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST AN AGREEMENT ASSIGNING THE LEASE OF GROUND FLOOR
COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING
FROM LEADING EDGE ENTERPRISES, L.L.C., D/B/A NEW YORK NY DELI,
TO CAPANNA COFFEE, INC., AND AMENDING THE LEASE TO ADD 210
ADDITIONAL SQUARE FEET TO THE LEASE.
WHEREAS, the Iowa City Public Library Building contains commercial space currently leased to
Leading Edge Enterprises, L.L.C., doing business as New York, NY Deli; and
WHEREAS, Leading Edge Enterprises, L.L.C. is closing New York, NY Deli, and wishes to assign
the lease to their present subtenant, Capanna Coffee, Inc.; and
WHEREAS, Capanna Coffee, Inc. wishes to take over the lease for the space, and sublet a
portion of the space to The Wedge Downtown, Inc., d//b/a The Wedge Pizzeria; and
WHEREAS, Capanna Coffee, Inc. wishes to have an additional 210 square feet added to the
lease for use as storage space by Capanna Coffee, Inc. or The Wedge Downtown, Inc.; and
WHEREAS, the Library Director has negotiated a lease Assignment and Amendment Agreement
with Leading Edge Enterprises, L.L.C. d/b/a New York NY Deli and Capanna Coffee, Inc., which
keeps the commercial space filled without interruption, and recovers past due payments from
Leading Edge Enterprises, Inc. as part of the closing; and
WHEREAS, this approval should be made contingent on payment to the City of Iowa City of all
payments due the City from Leading Edge Enterprises; and
WHEREAS, it is in the public interest to assign and amend said lease for the commercial space
as provided therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Upon payment of all funds due, and the direction of the City Attorney, the Mayor and the City
Clerk are authorized to execute the Lease Assignment and Amendment attached hereto.
2. The City Manager remains authorized to execute any subsequent renewal options, as
provided in the original Lease.
Passed and approved this day of , 20
Resolution No.
Page 2
ATTEST:
CITY CLERK
MAYOR
tt was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Appro ed by
__-_ ~~~
City Attorney's Office
the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
EriGLibrary/NYDeIi/~resolution approving Lease gssignment.doc
LEASE ASSIGNMENT AND AMENDMENT
ASSIGNING THE PRIOR LEASE BETWEEN THE CITY OF IOWA CITY
AND LEADING EDGE ENTERPRISES, L.L.C., D/B/A NEW YORK NY
DELI TO CAPANNA COFFEE COMPANY, INC., AND AMENDING THE
LEASE TO INCLUDE AN ADDITIONAL 210 SQUARE FEET
This Lease Assignment and Amendment Agreement (Assignment) is made by and between the
City of Iowa City ("City" or "Landlord") and Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli
("NY Deli") and Capanna Coffee Company, Inc. ("Capanna"), all in Iowa City, Iowa.
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has
the authority to lease said premises.
B. Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli, is the current tenant of the
premises described below, but now wishes to assign their rights to the lease to Capanna. Capanna
wishes to accept assignment of the lease, and add an additional 210 square feet of space, at the
contract rent of $15.00 per square foot per year, paid monthly as additional rent of $262.50 per month.
Said assignment requires the written consent of the City, which is offered herein subject to the terms
described herein.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which ate hereby acknowledged by the parties,
Landlord, NY Deli, and Capanna hereby agree as follows:
AGREEMENT
1. DATE. Effective January 16`h, the lease, attached as Exhibit "A" hereto, and incorporated into
this agreement by this reference, shall be assigned to Capanna, under the same terms except as
amended herein.
2. PREMISES. The space described in Exhibit A shall be amended to add 210 square feet, as
described in the architectural drawings attached as Exhibit "B" and incorporated into this agreement by
this reference.
3. RENT. Rent shall be amended from Exhibit A to account for the additional space being
rented, as described in Exhibit B, by adding $262.50 per month in rent, making the new monthly rent
payment $5,725.00 per month. NY Deli's previously provided deposit shall be credited against the sum
owed to the City. Capanna receives the lease from free from all encumbrances and debt owed from NY
Deli. Capanna shall pay a deposit for damage or default in the amount of one month's base rent upon
the execution of this Assignment. Said deposit may not be offered by Tenant in lieu of regular monthly
rent payments. All other rental terms remain the same.
3a. SUBLETTING: Capanna is permitted to sublet certain space, as determined by Capanna,
of the premises to Steve Harding d/b/a The Wedge Pizza.
4. UTILITIES. In the event any additional appliances fueled by natural gas are installed in the
premises, Tenant shall be responsible for any costs of installation, including gas lines and venting, and
will separately meter and pay for any gas consumed by such device. If an electric pizza oven is
installed, it too shall be separately metered and the energy consumed by it will be paid for separately
by tenant.
5. FIT-OUT: Tenant shall be responsible for all additional fit-out required as a result of this
assignment.
6. NOTICES. Notices, statements and other communications to be given under the terms of the
Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by
commercial courier, return receipt requested, and addressed as follows:
If to Landlord: With Copies to: If to Tenant:
Library Director Iowa City Attorney Capanna Coffee Co., Inc.
123 S. Linn St. 410 E. Washington St. d/b/a Capanna Coffee
Iowa City, IA 52240 Iowa City, IA 52240 165 1/2 Juniper Ct.
North Liberty, IA, 52317
The address and person for written communication may be changed upon ten (10) days'
written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of
the day and year first above written.
Landlord:
Tenant:
CITY OF IOWA CITY CAPANNA COFFEE COMPANY, INC.
d/b/a Capanna Coffee
Mayor Mike McCain, owner
Attest:
City Clerk
2
CITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of , 2008, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Regina D. Bailey 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.
Notary Public in and for the State of Iowa
MIKE MCCAIN D/B/A CAPANNA COFFEE COMPANY, INC.
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of , 2008, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Mike McCain, to me personally known, who being
by me duly sworn, did identify himself as owner of Capanna Coffee Company, Inc., d/b/a Capanna Coffee,
and acknowledge the execution of the instrument to be his own voluntary act and deed.
Notary Public in and for the State of Iowa
Approved:
City Attorney
EridLibrary/New York NY Deli/ Lease Assignment and Amendment - 2
3
01-15-0$
nn-~ 15
Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 08-13
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS.
~~
WHEREAS, the City Code provides that, Upon recommendation of the Parks and Recreation
Commission, all Parks and Recreation fees shall be established by City Council resolution"; and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FY08 and FY09; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the schedule of fees and charges for parks and recreation services and
programs as approved by the Parks and Recreation Commission on December 12, 2007, and
attached hereto, be adopted for FY08 and FY09.
Passed and approved this 15th day of
~nnQ
ATTEST: ~
CITY ERK
It was moved by Wight and seconded by x~vek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
~_ Hayek
X O'Donnell
x Wilburn
~_ Wright
parksrec\res\fees08. doc
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12/07/07
SUMMARY
RECREATION DIVISION REVENUES & BUDGET
FY2009
Total Non-Property Tax Revenues
FY07 Proposed Budget
Less Capital Outlay
$1,060,542
$2,736,391
86,535
2,649,856
Non-Property Tax Revenue to Support Budget = 40.02%
16
Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 08-14
A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL
CONSTRUCTION SERVICES, INC. FOR CONSTRUCTION OF TWO DUPLEX
HOMES LOCATED ON LOTS 13 AND 16 LONGFELLOW MANOR
SUBDIVISION UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES
PROGRAM.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93-255,
approving a Section 5(h) Implementing Agreement with HUD for the conversion of public housing to
private ownership, also known as the Tenant to Ownership program; and
WHEREAS, under this agreement the proceeds of such sales must be used to expand affordable
housing opportunities in Iowa City; and
WHEREAS, the Iowa City Housing Authority has negotiated a contract with Regal Construction
Services, Inc. for the construction of two duplex dwellings located on Longfellow Manor Subdivision
in the amount of 5468,574; and
WHEREAS, the duplex homes would be sold under the Affordable Dream Home Opportunities
Program to four families who have up to 80% of the median income; and
WHEREAS, the duplex homes would benefit citizens of Iowa City by expanding affordable home
ownership opportunities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Under the direction of the City Attorney, the Mayor and the City Clerk are hereby
authorized to sign and attest to a contract between the City of Iowa City and Regal
Construction Services, Inc. for construction of two duplex dwellings located in the
Longfellow Manor Subdivision.
Passed and approved this 15th day of
ATTEST: ~~~ 7~• ~-r~
CI Y RK
n n ., n
City Attorney's Office
hisadm/res/13& 161ongfeltowmnr.doc
Approved by
Resolution No. 08-
Page 2
It was moved by Correia and seconded by Wright the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_~ Bailey
x Champion
x Correia
X Hayek
_~ O'Donnell
~_ Wilburn
x Wright
r~
ADVERTISEMENT FOR BIDS
CONSTRUCTION OF TWO DUPLEX HOMES
LOCATED ON LOTS 13 & 16, LONGFELLOW
MANOR SUBDIVISION, UNDER THE
AFFORDABLE DREAM HOME
OPPORTUNITIES PROGRAM
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, before 10:00
A.M. on the 7th day of January, 2008, or at a later
date and/or time as determined by the Director of
Housing and Inspection Services or designee,
with notice of said later date and/or time to be
published as required by law. Sealed proposals
will be opened immediately thereafter by the
Director of Housing and Inspection Services or
designee. Bids submitted by fax machine shall not
be deemed a "sealed bid" for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J.
Harvat Hall at 7:00 P.M. on the 15th day of
January, 2008, or at such later time and place as
may be scheduled.
The Project will involve the following:
Construction of the duplex homes and all
necessary site work on Lots 13 & 16,
Longfellow Manor Subdivision, Iowa City, Iowa
All work is to be done in strict compliance with
the plans and specifications which have hereto-
fore been approved by the City Council, and are
on file for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 5% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of one (1) year from and
after its completion and formal acceptance by the
City.
The following limitations shall apply to this
Project:
Completion Date: September 1, 2008
Liquidated Damages: $100 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the Director of Housing and
Inspection Services, Iowa City, Iowa, by bona fide
bidders.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained
from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Hisadm/res/adbids-AD HOPduplex11-13. doc
17
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5140
RESOLUTION NO. 08-15
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 WISS, JANNEY, ELSTNER
ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE IOWA CITY WATER FACILITY IMPROVEMENTS DOUBLE TEE
ROOF BEAM FRP REPAIRS PROJECT.
WHEREAS, the roof double tee beams at the Iowa City Water Treatment Plant have significant
cracking and distress requiring retrofit and repair; and
WHEREAS, the City desires the services of a consulting firm to provide structural design and
construction phase services for construction of the Iowa City Water Facility Improvements Double
Tee Roof Beam FRP Repairs Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
Wiss, Janney, Elstner Associates, Inc. to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Wiss, Janney,
Elstner Associates, 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.
Passed and approved this 15th day of
ATTEST:
CITY ERK
20 os
Attorney's Office
a~'
Pweng/resftroof<lesignagt. doc
Resolution No. 08-15
Page 2
It was moved by Wilburn and seconded by Hayek the
Resolution be adopted, and upon roll call there were:
AYES:
~_
X
x
X
X
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of November, 2007, by and between
the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Wiss,
Janney, Elstner Associates, Inc. of 330 Pfingsten Road, Northbrook, Illinois 60062, hereinafter
referred to as the Consultant.
WHEREAS, a number of precast concrete double tee roof beams provided for the "Iowa City
Water Treatment Facility Improvements (Division 1; Water Treatment Plant Project)" have
significant cracking distress at their ends. The City requires continuing professional services for
preparing repair plans and specifications for the fiber reinforced polymer (FRP) or carbon-fiber
wrapping of the double-tee ends to provide additional reinforcement to their ends. This work
also includes apre-bid meeting, bidding period services, apre-construction meeting, and
services during construction, assuming an 8-week FRP installation construction period. The
construction services comprise contract administration, submittal and shop drawing review,
attendance at biweekly meetings, construction inspection, and project close-out.
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.
1. Prepare repair plans and specifications for the fiber reinforced polymer (FRP) or carbon-
fiberwrapping of the double-tee ends to provide additional reinforcement to their ends.
2. Attend apre-bid meeting and pre-construction meeting. Provide bidding and bid
evaluation services during this portion of the project.
3. Provide construction period services comprising contract administration, submittal and
shop drawing review, attendance at biweekly meetings, construction inspection, and
project close-out. Construction inspection services are anticipated to include full-time
(40 hours /week) inspection work during the 8-week FRP installation period.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The consultant shall perform the repair plan and specification preparation work immediately, as
directed by the City of Iowa City.
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.
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-
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 with City staff
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a Professional Engineer affixed thereto or such seal as required by Iowa
law.
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.
-3-
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
$2,000,000.
IV. COMPENSATION FOR SERVICES
Time and material at the consultant's standard published rates not to exceed $155,000, for the
work enumerated in Part I -Scope of Services
V. MISCELLANEOUS
A. All of the services provided under this Agreement shall be performed 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.
FORTH ITY FOR THE CONS LTANT
By: By:
Title: Manor Title: ConS~ ~~'an~' IPr ~ ~' M
Date: January 16 , 2008
Date: Z~ Noy~mbel' ,ZOO~-
ATTEST: ~ ,~ ~ - ~~rt,'1~
City lerk
Approved by:
City Attorney's Office
1-~- 02~
Date
pw\forms\consagmt.fnn
M0
18
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5140
RESOLUTION NO. 08-16
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 HOWARD R. GREEN COMPANY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY
WATER FACILITY IMPROVEMENTS DOUBLE TEE ROOF BEAM FRP
REPAIRS PROJECT.
WHEREAS, the roof double tee beams at the Iowa City Water Treatment Plant have significant
cracking and distress requiring retrofit and repair; and
WHEREAS, the City desires the services of a consulting firm to provide mechanical and electrical
relocation and design for construction of the Iowa City Water Facility Improvements Double Tee
Roof Beam FRP Repairs Project; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with
Howard R. Green Company to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard r.
Green Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant'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.
Passed and approved this ~ 5th day of .Tan~~ , 20 08
/~ ~.lD'~
ATTEST: 7~. ~>~
CIT LERK
City Attorney's Office
Pwenglresftrooftlesignagl2. doc
Resolution No. 08-16
Page 2
It was moved by Wilburn .and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_~ Bailey
x ~ Champion
x Correia
~ Hayek
~ O'Donnell
_~ Wilburn
~_ Wright
Section IV
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this (~'C 7N day of pJ0/~~?~.~~2007,
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and Howard R. Green Company, of Iowa, hereinafter referred to as the Consultant.
WHEREAS,
The roof double tee beams at the Iowa City Water Treatment Plant have significant cracking
and distress requiring retrofit and repair. The city requires professional services for the design,
review, inspection and administration of retrofit, repairs, restoration and relocations.
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.
SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
General
Howard R. Green Company (HRG) proposes to provide professional design services for the
retrofit and repair work to the roof double tee's at the Iowa City Water Treatment Plant (ICWTP)
in Iowa City, Iowa. Work is to include primarily project management, mechanical and electrical
engineering services with contributions from structural, process, civil, roofing and other
engineering disciplines as required by the lead structural engineering consultant Wiss, Janney,
Elstner Associates (WJE) .
Project representatives.
1. The following individuals are designated to represent the parties to this
agreement. As far as practicable, representatives assigned by all parties shall remain assigned to
the project through final completion. Exceptions shall be made upon the mutual agreement of the
city and the consultant.
2 Owners representatives
a. Shaun Bradbury
b. Rick -Fosse
c. Ed Moreno
3. Consultants representatives
a. Mark Duben
b. Steve Junod
4. Specialty consultants as identified below are retained by the city at the
cities' expense .The consultant agrees to review all specialty consultant work.
a. Neil Anderson of Wiss, Janney, Elstner Associates, Inc.
b. Brian Gisi of Terracon Consultants Inc.
-2-
Investigation Phase
Section IV
1. An extended site visit to the ICWTP to observe the precast, mechanical, electrical
and other divisions of work that will that will be affected by the proposed repair.
Based upon observations, define scope and limits of required retrofit, repairs and
relocations in coordination with WJE.
2. A condition appraisal for the ICWTP facility to identify building elements directly or
indirectly impacted as a result of the proposed. retrofit and repairs.
Probable Cost Estimation Phase
1. Itemization of building elements requiring temporary and or permanent relocation.
2. Determination of quantities for building elements.
3. Research of unit costs for items identified.
4. Estimation of probable cost.
Design Phase
1. Meeting with WJE and public works staff to develop an implementation plan for
retrofit, repair and restoration work including time schedule, phase considerations,
coordination with operations, and project management parameters.
2. Developing project contract documents and bidding procedures.
3. Design and preparation of construction drawings and specifications for retrofit repair
and restoration work coordinated with bid and contract documents suitable for
receiving bids in cooperation with WJE.
Bid Phase
1. The Consultant shall assist the city in establishing a list of prospective bidders.
2. Bid Documents shall consist of bidding requirements, proposed contract forms,
General Conditions, Supplementary Conditions, Specifications and Drawings
3. The Consultant shall undertake to complete the following during the bidding of the
Project in cooperation with WJE.
a. Document plan holders
b. Attend aPre-Bid Conference on site.
c. Respond to Contractor inquiries.
d. Evaluate and respond to substitution requests.
e. Prepare and distribute addenda.
f. Prepare a list of qualified bidders for the City.
g. Distribute plans and specifications on behalf of the City.
4. Provide plans and specifications to plan rooms.
5. Soliciting bids for retrofit, repair and restoration work including response to
contractor requests for information, design and documentation of change or
modified conditions, and evaluation of proposed alternates.
-3-
Section IV
6. Evaluating bids for retrofit, repair and restoration work including comparison of bids
with probable cost estimates, tabulation of bid costs, and development of total
project cost summary. The Consultant shall assist the City in receipt, opening, and
evaluation of bids and in determination of the successful bid or proposal.
Construction Phase
1. Shop drawing review
2. Review of Field mock up samples, supplied by the Contractor for comment and
approval.
3. Construction observations to determine if the completed work is in general conformance
with the drawings and specifications. The Consultant shall visit the site at intervals
necessary to become familiar with the progress and quality of work and to determine in
general if the work is being performed in a manner indicating that the work when
completed will be in accordance with the contract documents. From start through the
"Certificate of Substantial Completion" two site visits shall be budgeted.
4. The Consultant shall as necessary but no less than monthly keep the City informed on
the progress and quality of work and endeavor to guard the City against defects and
deficiencies in the work.
5. The Consultant shall recommend rejection of work that does not conform to the contract
documents and may require additional tests and inspections be conducted to insure
contract document compliance of questionable components.
6. The Consultant shall assist in the preparation and processing of all required "Field
Instructions" and "Change Orders". Review and approve or take other appropriate action
on Contractor submittals in a timely manner (ten (10) working days or less) so as not to
delay construction. Such review and approval shall be for the limited purpose of
checking for conformance with the information provided and the design concept
expressed in the signed documents.
7. The Consultant shall have no control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures or for safety
precautions and programs in connection with the project, since these are solely the
Contractor's responsibility under the Contract for Construction. Communications by and
with the Consultants' consultants shall be through the Consultant.
8. Provide an updated report every month on the work
Deliverable Documents
1. Itemized list of building elements requiring removal and or relocation as a result of
proposed work.
2. Opinion of probable cost for relocations.
3. Construction drawings, specifications and front end documents.
4. Electronic record drawings. The Consultant shall prepare the documents in
electronic format.
-4-
Section IV
a. Autodesk AutoCAD files in approved city format will be accepted.
b. Two complete sets of electronic data shall be transferred to the
City on two disks.
c. In addition, five full sets of scaled plots of all drawings shall be
provided to the City.
d. Five full sets of hard copy and electronic copy specifications shall
be given to the City.
ASSUMPTIONS
1. Iowa City Public Works department will provide assistance in developing the project and
coordinating with the City of Iowa City administration staff.
2. Access to the site and building will be provided to HRG staff by ICWTP for purposes
investigation and measurements.
ADDITIONAL SERVICES
If authorized by IC and at additional cost, HRG shall furnish additional services as outlined
below. These services are not included in the base Scope of Services.
1. Other. Services required for the Project by ICWTP for which HRG has suitable
qualifications to provide.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The consultant will deliver a proposed schedule within 7 days of execution of this contract being
executed with the intent that the documents be ready for bid in December 2007
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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.
- 5 - Section IV
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
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.
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.
-6-
Section IV
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
1. Professional services will be invoiced on an hourly basis, plus reimbursable expenses
per the attached Billing Rate Schedule. Preliminary estimate of fees is as follows:
Lump sum not to exceed $35,000
Total $35,000
2. Additional services approved and authorized by ICWTP prior to proceeding shall be
billed at HRG standard hourly rates per the attached Billing Rate Schedule.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FORTH TY
By:
Title: a or
Date: January 15. 2008
ATTEST: ~(~,~~~ ~ 7~t~til~
City erk
FOR THE CONSULTANT
~o,
Title: ~~G~ ~r~f/~-Gi-f~_
Date: / / D
Approved by:
Attorney's Office
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Date
pw\forms\consagmt.frm
SB
HOWARD R. GREEN COMPANY
STANDARD HOURLY FEE SCHEDULE
Effective January 1, 2007 to December 31, 2007
CLASSIFICATION HOURLY RATE
Principal-In-Charge $177.00
Senior Project Manager 161.00
Senior Project Planner 141.00
Project Manager 135.00
Senior Project Architect 135.00
Senior Project Scientist 135.00
Senior Technical Advisor 135.00
Senior Project Engineer 118.00
Construction Manager 118.00
Project Architect 112.00
Project Planner 107.00
Project Scientist 107.00
Project Engineer 107.00
Project Associate 107.00
Staff Engineer 93.00
Staff Architect .70.00
Senior Engineering Technician 102.00
Engineering Technician II 93.00
Engineering Technician I 81.00
CADD Technician II 80.00
CADD Technician I 67.00
Registered Senior Land Surveyor 112.00
Registered Land Surveyor 97.00
1 -Person w/GPS or Robotic Equipment 102.00
2 -Person Crew 132.00
2 -Person Crew w/GPS or Robotic Equipment 149.00.
Field Services Manager 102.00
Senior Field Technician 88.00
Field Technician II 83.00
Field Technician I 66.00
Administrative Assistant 60.00
REIMBURSABLE EXPENSES
1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%.
2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal
Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.80 per mile.
3. Charges for sub-consultants will be billed at their invoice cost plus 15%.
4. A rate of $6.00 will be charged per Howard R. Green labor hour for a technology and communication fee.
5. All other direct expenses will be invoiced at cost plus 10%.
~~ ~
Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030
RESOLUTION NO. 08-17
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, City employee Kevin Oxley fell and injured his back while removing snow and ice
on the pedestrian mall on January 9, 2004, and has been unable to return to work since October
2, 2005; and
WHEREAS, Mr. Oxley has made a claim of permanent and total disability and a demand for
lifelong benefits; and
WHEREAS, to avoid litigating the matter, the parties have negotiated a settlement agreement
that closes Oxley's workers' compensation claim, ends any effort by him to return to work for the
City and takes care of his future medical expenses; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, in full satisfaction of
any and all claims which the claimants and/or parties may have against the City in the above
matter, in consideration of the claimant's full release.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Kevin Oxley's workers' compensation claim is hereby settled under the terms of the
proposed settlement agreement with payment, upon approval of the Iowa Worker's
Compensation Commissioner to Kevin Oxley, in the amount of $75,000, in addition to
statutory medical and weekly benefits paid to date; waiver of the City's lien in Oxley's
civil litigation against the property owner where the accident occurred; procurement of an
annuity to cover Oxley's future medical expenses; and agreement by Mr. Oxley not to
submit any future applications for employment with the City.
2. City Council for the City of Iowa City hereby approves said. settlement as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlement as
provided by law, and confirms that said settlement is hereby ratified, contingent upon
execution of appropriate releases.
Passed and approved this 15th
of 7anuary ~ 2008..
It was moved by Wright and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
R Champion
~_ Correia
~_ Hayek
O'Donnell
x Wilburn
~_ Wright