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2008-04-14 Resolution
,,~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-75 RESOLUTION TO REFUND CIGARETTE PERMIT 4-14-08 ~ c-Cy) WHEREAS, F~,P F.ntergri GeG, T3dc _ at 1310 S. Gilbert in Iowa City, Iowa, has surrendered Cigarette Permit No. 08_21 , expiring ~o~.ox , and requests a refund on the unused portion, now thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Cigarette Permit No. 08-21 ,issued to Gasby' s be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $25.00 , payable to FAP Enterprises, Inc as a refund on Cigarette Permit No. 08-21 Passed and approved this 14th day of _ it , 20 08 ~- Approved by ATTEST: L CI CLERK a~u ~~,~~ City Attorney's Office /ot~a7~o 7 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek g O'Donnell ~_ Wilburn x Wright 4~ c (~) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO 08-76 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, FAP Enterprises, Inc. at 2303 Muscatine Avenue in Iowa City, Iowa, has surrendered Cigarette Permit No. Og-22 ,expiring 6/30/08 , and requests a refund on the unused portion, now thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:. Cigarette Permit No. Og-22 ,issued to Gasbv's East be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $25.00, payable to FAP Enterprises, Inc. as a refund on Cigarette Permit No. 08-22 Passed and approved this 14th day of , 20pg c R Approved by ATTEST: Chu /~~~~rc.~d~~~-'~~/ CIT CLERK City Attorney's Office /ot~27/~ 7 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion x Correia x Hayek x O'Donnell x Wilburn ~_ Wright M~ Prepared by: Marian K. Kan, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-77. RESOLUTION TO ISSUE CIGARETTE PERMITS 4c 5 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: Gasby's ~~1 - 1310 S. Gilbert Street Gasby's 4~4 - 2303 Muscatine Avenue Passed and approved this .14th day of , 20 08 -- / Approved by ATTEST: ~ 7~ . _ a v~~.~Yl w2z~/~~2~> CIT LERK ity Attorney's Office /a/x 7~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia x Hayek x O'Donnell ~_ Wilburn ~_ Wright -4 8 4d 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 08-78 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2008 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 E. Washington Street, at 7:00 p.m., April 29, 2008, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2008 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 14th day of Avril , 2008 . ATTEST: CI ERK `, Appro~r~d by _ /- ~~//` ,,~ ~ i ~( ~ City Attorney's Office It was moved by ('.ham=inn and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright fi nadmlresbperbdg4-08. doc M-~~ 4d(2) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 08-79 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 29, 2008 ON AN ORDINANCE AMEN-DING TITLE 3 ENTITLED "CITY FINANCES, TAXATION 8< FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 4, ENTITLED, "WASTEWATER TREATMENT WORKS USER CHARGES," OF THE CITY CODE TO INCREASE OR CHANGE WASTEWATER USER CHARGES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2007), the City of Iowa -City provides certain wastewater treatment works; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said wastewater treatment works; and WHEREAS, .the Iowa City City Council proposes to increase wastewater treatment works user charges by approximately five- percent (5%) far billing on or after July 1, 2008, to adequately finance operational costs; and WHEREAS, the City Code requires that notice-and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines. and Penalties,° Article 4, entitled, "Wastewater Treatment Works User Charges,° of the City Code to increase user charges, is to be held on the 29th day of April, 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. 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. Passed and approved this 14th day of Ap,-ii , 2008. c ` M Approved by ATTEST: CITY ERK City Attorney's Office III y/Q ~ fi nadm\res\wastewatertrtnt-OS.doc Resolution No. 08-79 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X ~_ X ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright,' wpdata/glossary/resolution-ic.doc ~~~ 04-14-0 4ci(3) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 08-80 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 29, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 DUBUQUE / CHURCH STREET RADIUS IMPROVEMENT 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: 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 29"' day of April, 2008, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 14th .day of April , 2008. ATTEST': r~ - ~ City erk Approved by: City Attorney's Office ~/¢i~,~ Resolution No. 08-80 Page ~_ It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ X ~- x x X ~_ Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpda4Nglossarylresolution-ic.doc M~ U4-"i a-Uu 4d 4 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 08-81 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 29, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 ASPHALT RESURFACING 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: 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 29~' day of April, 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. Passed and approved this 14th day of ATTEST: ~• 7 ~~ CITY RK 20,9„$_-. City Attorney's Office Pwertglres/2008asphresuri-setph.doc 4/08 Resolution No. 08-81 Page ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc M~ 04- 4- 8 4d 5 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 08-82 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 29, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE FACILITY 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 29~' day of April, 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. Passed and approved this 1 4rh day of ATTEST: ~ ~ - CITY~.LERK ~~ri 1 ~ 20~$.__• G Approved b ,~~ ~~e~~ City Attorney's Office y~sr~0 ~ pwengves~setph sattstorage.doc Resolution No. 08-82 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -~ x x x -X- x x Bailey .Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc M-~ April 14 ,2008 The City Council of Iowa City, Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock ~.M., on the above date. There were present Mayor sSiley , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: None ******* -1- f ~ --~ Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,890,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-83 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,890,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of not to exceed $6,890,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds maybe issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and'to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P .M., on the 29th day of April , -2- 2008, for the purpose of taking action on the matter of the issuance of not to exceed $6,890,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and public works departments. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $6,890,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of April, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $6,890,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks and equipping of the fire, police and public works departments. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 18th day of April, 2008. Marian K. Karr City Clerk of Iowa City, Iowa Section 4. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. PASSED AND APPROVED this 14th day of April , 2008. ATTEST: Ma o City erk -5- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey Champion Correia~H~yek, O'Aonnell , Wilburn, Wright. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-84 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ ; 00 o'clock p .M., on the 29th day of April , -6- 2008, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of improvements to the Senior Center, including tuck pointing, roof, boiler and chiller repairs and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of public meeting on the issuance of bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF THE BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of April, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of improvements to the Senior Center, including tuck pointing, roof, boiler and chiller repairs. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, maybe filed with the Clerk of the City in the manner provided by Section 362.4 of the City-Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 18`h day of April, 2008. Marian K. Karr City Clerk of Iowa City, Iowa PASSED AND APPROVED this 14th day of April , 2008. ATTEST: City erk -9- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $645,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-85 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF~NOT TO EXCEED $645,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $645,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: -10- Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iovya, at 7:00 o'clock P .M., on the 29th day of ayril 2008, for the purpose of taking action on the matter of the issuance of not to exceed $645,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of City Hall lower level remodeling; miscellaneous improvements to City Hall and purchase of a generator for City Hall and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of public meeting on the issuance of bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $645,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF THE BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of April , 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $645,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of City Hall lower level remodeling; miscellaneous improvements to City Hall and purchase of a generator for City Hall. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, maybe filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 18`h day of April, 2008. Marian K. Karr City Clerk of Iowa City, Iowa PASSED AND APPROVED this 14th day of Ayril , 2008. Ma ATTEST: City rk -13- M ~~ ~- ~_ Council Member chamni on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $590,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-86 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $590,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $590,000 as. authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds maybe issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : o0 o:clock P .M., on the 9th day of Avril -14- 2008, for the purpose of taking action on the matter of the issuance of not to exceed $590,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of purchase of equipment for city offices and the acquisition of art for public buildings and areas and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of public meeting on the issuance of bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -1 S- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $590,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF THE BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of April , 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $590,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of purchase of equipment for city offices and the acquisition of art. for public buildings and areas. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, maybe filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 18th day of April, 2008. Marian K. Karr City Clerk of Iowa City, Iowa PASSED AND APPROVED this 14th day of Auril , 2008. ATTEST: City erk -17- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $325,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Wilburn seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-87 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $325,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $325,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000.00; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock p .M., on the 29th day of April -18- 2008, for the purpose of taking action on the matter of the issuance of not to exceed $325,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of improvements to the Mercer baseball field and General Rehabilitation and Improvement Program housing improvements and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of public meeting on the issuance of bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: -19- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $325,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF THE BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of April, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $325,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, the bonds to be issued for the purpose of providing funds to pay costs of improvements to the Mercer baseball field and General Rehabilitation and Improvement Program housing improvements. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 18th day of April, 2008. Marian K. Karr City Clerk of Iowa City, Iowa PASSED AND APPROVED this 14th day of April , 2008. ATTEST: ~. City erk -21- CIG-3 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, .which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand. and the seal of the Municipality hereto affixed this 6th day of April , 2008. City erk, Iowa City, Iowa SEAL DCORNELL~575737.1 \WP\10714.091 -22- ~ o -~ -os 4e(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-88 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK 8~ TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3035 STANFORD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $38,783, executed by the owner of the property on September 20, 2005 and recorded on October 4, 2005, in Book 3947, Page 580 through Page 584, in the Johnson County Recorder's Office covering the following described real estate: Lot 58 in Oak Woods Addition Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 16, Plat Records of Johnson County, Iowa subject to the easements and restrictions of record. WHEREAS, Iowa State Bank &Trust Co. is financing a loan in the amount of $119,000 for to Tucker and Katherine Burns of 3035 Stanford Avenue and is securing the loan with a mortgage on the improvements to the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Iowa State Bank & Trust, Co. secured by the proposed mortgage in order to induce Iowa State Bank 8~ Trust, Co. to make such a loan; and WHEREAS, Iowa State Bank 8~ Trust, Co., has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank & Trust, Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank & Trust, Co., Iowa City, Iowa. Passed and approved this 14th day of April , 20 08 ATTEST `~~d~g ice Resolution No. 08-88 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek x O'Donnell ~_ Wilburn _~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank & Trust, Co. of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $38.783, and was executed by Greater Iowa City Housing Fellowship, n/k/a The Housing Fellowship (herein the Owner), dated September 20, 2005, recorded October 4, 2005, in Book 3947, Page 580 through Page 584, Johnson County Recorder's Office, covering the following described real property: Lot 58 in Oak Woods Addition Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 16, Plat Records of Johnson County, Iowa subject to the easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $119.000 on a promissory note to be executed by the Financial Institution and Tucker and Katherine Burns, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaae held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 14thday of Auril , 20 O8 . CITY OF IOWA CITY ~-- . By Mayor FINANCIAL INSTITUTION By PE ERGS, VP Attest: . o :~.~. , City k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~~' day of ~Q2t~ _, 20~_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ZPaen' a n. ~L~u and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say at they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o8-$k passed (the Resolution adopted) bxy the City Council, under Roll Call No. of the City Council on the l ~- +'' day of H P R ~ ~ , 20~, and that ~~a - Q. and Marian K. Karr acknowledged the execution of the instrument o be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ SONDRAE FORT _~ Commission Number 159791 My Commission Expires ~~.~,~n~ ~-o.,~ 3 Notary Public in and for the State of Iowa STATE OF IOWA ss: JOHNSON COUNTY ) Z~oB ~.5 This instrument was acknowledged before me on A~r~ t L.. -;?966 by F~~i, , ~, l`~?~~ct~ (name(s) of person(s)) as ~f C~ 1~~SiC~c~,~~ (tYPe of authority, e.g, officer, trustee, etc.) of ~ U csJQ ~~-Cl.+ ~n ~: ~ ~rZlS~t' ('.o , (name of parry of behalf of whom instruments was executed) . ,~pR~A~ ~, SCOTT SCHROEDER ~ ~ Commission Number 189383 Notary Pubic in and for the State of Iowa ~ '~ My C mmission Expires iow~ __ ~Zb oq ,S~l cr<r'L~ My Commission expires: M~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-89 0 -14-08 4e 2 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 1108 MARCY STREET, IOWA CITY, IOWA. WHEREAS, on December 4, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1108 Marcy Street, Iowa City, Iowa from a Mortgage recorded December 14, 2007, Book 4243, Page 876 through Page 881 of the Johnson County Recorder's Office. Passed and approved this 14th day Avril , 20~_• ~{-. ~co ~. c~ ATTEST: City Attorney's Office It was moved by champion and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion ~- Correia _~ Hayek ~_ O'Donnell x Wilburn g Wright Prepared by Ord 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): Blanca C. Lippisch Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1108 Marcy Street, Iowa City, Iowa, and legally described as follows: Lot B on plat of subdivision recorded February 21, 1946, in Plat Book 4, page 63, Plat Records of Johnson County, Iowa, and more particularly described as follows: Beginning at the intersection of the North line of Ginter Avenue and the East line of Marcy Street; thence North along the East line of Marcy Street 49.6 feet; thence West along the North line of Ginter Avenue 125.0 feet to the point of beginning. from an obligation of the owner, Blanca C. Lippisch, to the City of Iowa City represented by a Mortgage recorded December 14, 2007, Book 4243, Page 876 through Page 881 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. r A Approved by ATTEST: CITY ERK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~_ day of Q Q R ~ ~ , A.D. 20,Q~ ,before me, the undersigned, a Notary Public in and for said County, in said State, 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by autho of its City Council, as contained in Resolution No.tr15-89 ,adopted by the City Council on the !~'~ day ark APRrL , 20 and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by ft and by them voluntarily executed. ,~'~ SONDRAE FORT r ,~ o ~ Commission Number 159791 `~a'''~~~a- T~ • My~ommission tes Notary Public in and for Johnson County, Iowa t7 a U4-14-Utf 4e 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A DONNELLY'S PU6, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, One Ten Properties, LLC, as landlord, and Kmarcella, Inc., d/b/a Donnelly's Pub, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 110 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2008 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 14th day of ATTEST: ~ ' CI -CLERK City Attorney's Office Approved by: Resolution No. 08-90 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: ~- x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek. O'Donnell Wilburn Wright ' wpdata/glossary/resolution-ic.doc 4- -0 4e 4 Prepared by: Sara Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-91 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE HISTORICAL SOCIETY OF IOWA FOR THE PLACEMENT OF A~ HISTORICAL MARKER IN COLLEGE GREEN PARK TO COMMEMORATE THE UNDERGROUND RAILROAD TREK ACROSS IOWA LED BY JOHN BROWN. WHEREAS, the State Historical Society of Iowa has requested the City's permission to place a historical marker in College Green Park as part of the upcoming Civil War Sesquicentennial; and WHEREAS, this historical marker will call attention to and educate the public on the trek across Iowa of persons rescued from slavery, led by John Brown, which passed through Iowa City in February of1859; WHEREAS, Staff recommends approval of this resolution. NOW, THEREFORE; BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: That the Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Marker Placement Release which permits the State Historical Society of Iowa to place a historical marker within the College Green Park, at a location to be decided upon by the Director of Parks and Recreation, or his designee. Passed and approved this 14th day of A r _ , 2 8. 1 Ap roved by `// ATTEST: t~t~ f~~L CIT LERK CI y Attorney's Office y ~cg- Resolution No. os-91 Page 2 It was moved by Chamuion and seconded by w, i bLrn the Resolution be adopted, and upon roll call there were: AYES: .~_ x x -~ -~ x ~_ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc ~~~ 4- - 4e 5 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-92 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 11, 2008 THROUGH JULY 13, 2008. WHEREAS, on April 20, 2004, the City Council passed Ordinance No. 04-4123 that allows private entities to sell wine and beer in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Riverside Theatre would like to be able to sell wine and beer in City Park in conjunction with Riverside Theatre Shakespeare Festival performances and related events from June 11, 2008 through July 13, 2008; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. 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 attached agreement. Passed and approved this 14th day of April , 2008. ATTEST: ~i 9~ CI LERK r Approved by ~ " ~' ~ g City Attorney's Office sue/ord&res/BardRes.doc Resolution No. 08-92 Page ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x -~_ x X X X x NAYS: ABSENT: Bailey Champion Correia Hayek . O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside") and the City of Iowa City, a municipal corporation (hereinafter "City"), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in Iowa City City Ordinance No. 04-4123, codified at section 4-5-3D of the City Code; WHEREAS, Riverside has applied for a license to sell beer and wine for 213 N. Gilbert Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over the following area within City Park from June 11, 2008 through July 13, 2008: The area shall begin at the northeast corner of the festival stage box office and continue on a straight line east 25 feet. The line will then make a right angle turn to the south and continue for 150 feet. The line.will then make a right angle turn to the west and continue for 100 feet. The line will then make a right angle turn to the north and continue 50 feet until it meets the festival stage. ("authorized site") Attached, marked Exhibit A, and incorporated herein is an illustration of the authorized site. 2. Term. This agreement shall commence on June 11, 2008 and shall expire on July 14, 2008. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer or wine on the authorized site at any time during the period of June 11, 2008 through July 13, 2008. 5. Sale of BeerNVine. Riverside shall only sell beer or wine to a person who is over twenty-one (21) years of age and who has a ticket or invitation to that. day's event or is an ,employee of, an independent contractor of, or a volunteer for Riverside. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the .authorized .site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From -June 11, 2008 through July 13, 2008, Riverside shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 11, 2007 through July 13, 2008, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2007) in the amount of $500,000 (five hundred thousand dollars). Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 2 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. Non-Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 12. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 13. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 14. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing. only, duly signed by the parties. RIVERSIDE THEATRE THE CITY OF IOWA CITY WITNESS: _~~ n . arian K. Karr, City Clerk THE CITY OF IOWA CITY is D. Bailey, Mayo 3 RIVERSIDE ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY This instrument was ackno~n 2008 by JOdY ~V ~GtV of person(s)) as ~a~ authority, e.g, officer, trustee, Notary SS: ed before me on ~ Y~ r' ~ (name(s) a lot ~'(~ C 1( (type of Riverside Theatre. is in and for the State of Iowa =~pP~AI s~ ANNIE PEDERSEN COMMISSION # 142510 '" MYCOMIb11SS1QNEXPIRES IOWA ' My Commission expires: ~~1~ ~ 11 CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 1~/ ~~' day of A~Qii 2008, before me, the undersigned, a notary public in and for the State of Iowa, 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. 0.19`~~ SONDRAE FORT . Commission Number 159791 My Commission Tres aoo Approved by: ~- c~-~' City Attorney's Office ~a',~nG~P. ~rrr- Notary Public in and for the State of Iowa My Commission expires: 3~ dtJa,~ 4 -4' ....~~ ~ ... ~~ ob oo , ---~ _ A ~~ 7~- n ~`' ~ ~ ..~ Q ~ -....,. ~~~ 1 l ,0 ~ ~ j fi ~ ~ -~ t I _ ~ . ~• ~ ~" I ~ ~~o -~ ~ ~ ~ , ~ _o~ ~ _ ~ P ~ '~ ~ a p n ~ r n .~ ., ~ f (o .n "~ . . ( ~- 3~, ~' ' . :• . .ter n fi .~ n ~ ~ {/ ^ ! ~ • ~ •4 ,, A ''? ~' c G s ~~~ ~ Q ~ A ~ ~• aA ~ ~ ~~ ~ G~ a t+' 0 n n fa a 7 n a s ~ r ~~ 'f /8 ~} Q ~ ~k 0 P ~ ~ ~~ ~ ~~ ~ro ,, 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability impo d upon the City for damages of any kind resulting from the use of the authori ed sight or sale, consumption, or possession of beer or wine on the autho zed site, whether sustained y any person or person, caused by accide or otherwise and shall defen at its own expense and on behalf of the ty any claim against the City arisin out of the use of the authorized site or sale, consumption, or possession of b er or wine on the authorized site. 11. Non-Discrimination. Riverside shall not discrimi to against any person in employment or public ccommodation because race, religion, color, creed, gender identity, sex, n Tonal origin, sexual or entation, mental or physical disability, marital status o age. "Employment" hall include but not be limited to hiring, accepting, regi Bring, classifyin promoting, or referring to employment. "Public acco odation" sh I include but not be limited to providing goods, services, facili ' s, privileg and advantages to the public. 12. Termination. The City may termin a is agreement upon written notice for violation of any provision of this agree ent. 13. Assignment and Subletting. River ide sh I not assign or sublet this agreement without prior written proval of he City. 14. Entire Agreement. This con itutes the whole a Bement between the parties, and may be modifi din writing only, duly igned by the parties. RIVERSIDE THEATRE By: THE CITY OF IOWA WITNESS: Marian K. Karr, City Clerk THE CITY OF IOWA CITY Regenia D. Bailey, Mayor 3 RIVERSIDE ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on 2008 by of person(s)) as authority, e.g, officer, tru: ,etc.) of Riverside Theatre. Notary Public My Commission CITY STATE OF IOWA ) ss: JOHNSON COUNTY ) MENT ;name(s) (type of On this day of 2008, before me, the undersigned, a notary public in and for a State of Iowa, pe ovally appeared Regenia D. Bailey and Marian K. Karr, to me per Wally known, who bein by me duly sworn, did say that they are the Mayor and Cit Clerk, respectively, of s id municipal corporation executing the within and foregoin instrument; that the seal affi d thereto is the seal of said municipal corporation; that id instrument was signed ands led on behalf of said municipal corporation by auth ity of its City Council; and that the aid Mayor and City Clerk as such officers ackn ledged that the execution of said in trument to be the voluntary act and deed of sa' corporation, by it and by them voluntarily a ecuted. and for the State of Iowa Notary Public in and for the My Commission expires: Approved b c~ ~-'~ City Attorney's Office 4 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-93 RESOLUTION APPROVING AN EARLY OCCUPANCY AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, AND 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO. WHEREAS, City Council has approved a purchase agreement to convey Lots 2, 3, and 4 and Outlots 2A, 3A, and 4A of the North Airport Development Subdivision Part Two to ITC Midwest LLC; and WHEREAS, ITC Midwest LLC has requested an early occupancy agreement in order to place materials related to the construction of its proposed building on the site; and WHEREAS, it is in the best interest of the City to enter into an early occupancy agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the City Manager is authorized to execute an early occupancy agreement with ITC Midwest LLC for Lots 2, 3, and 4 and Outlots 2A, 3A, and 4A of the North Airport Development Subdivision Part Two. Passed and approved this 14th day of Anril , 2008. ATTEST: c~ CITY ERK r- . M Approved by City Attorney's Office Resolution No. 08-93 Page 2 It was moved by hamgion and seconded by Wi 1 barn 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 wpdatafglossary/resolution-ic.doc M~ 4d(6) Prepared by: Sara Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-94 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A SKYWALK EASEMENT IN FAVOR OF JOHNSON COUNTY, IOWA, WHICH SKYWALK IS TO BE CONSTRUCTED ABOVE BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET, AND SETTING A PUBLIC HEARING FOR APRIL 29, 2008. WHEREAS, Johnson County is the owner of certain property located between Lafayette, Dubuque, Benton and Clinton Streets in Iowa City, Iowa; WHEREAS, the County is currently constructing a new administrative facility on this property, locally known as 855 S. Dubuque Street, Iowa City, Iowa; WHEREAS, the County desires to construct and maintain a skywalk above Benton Street between the new building and its existing administrative building located at 913 S. Dubuque Street, Iowa City, Iowa; WHEREAS, the conveyance of the proposed skywalk easement should be set for public hearing. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to consider the conveyance of a skywalk easement across Benton Street between Clinton and Dubuque Streets to Johnson County. 2. A public hearing on said proposal should be and is hereby set for April 29, 2008, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 14th day of 2008. Approved by ~• ~ ~~QV~aeZ~? ~-~~//e~,tJ ATTEST: CITY ERK / City Attorney's Office ~ P~IU" ~ Resolution No. os-94 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ~_ x X x x x ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ABSTAIN: x wpdata/glossary/resolution-ic. doc (~/~~c~ 4-14-08 0 7 Prepared by: Ron Knoche, City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-95 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 PAVEMENT 8~ REPLACEMENT FOR WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 6~' day of May, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 13 day of May, 2008, or at a special meeting called for that purpose. Passed and approved this 14th day of ATTEST:~G~u.~~J ~• `~~ CITY CLERK 20 08 City Attorney's Office Pweng/res/08pavemntappp~s.doc 4/08 Resolution No. 08-95 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~- x X _~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc ~ ~~ Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 08-96 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2009 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: We, hereby, authorize Dale Helling, Interim City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.648661% (approximately $363,315) of Formula Funds From federal capital and operating assistance for transit: $5,380,467 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced monthly as allowed by law, to improve transit system cash flow. Passed and approved this 14th day of April , 20~~ ATTEST: ~ CI LERK Ap ed by ~~ 3°~ ~Go~ City Attorney's Office O Resolution No. 08-96 Page 2 It was moved by Wright and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey ~ Champion ~ Correia ~ Hayek ~ O'Donnell ~ Wilburn ~_ Wright jccogtp/reslsta-app. doc ~'~a Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 08-97 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT -FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HIERONYMUS SQUARE ASSOCIATES 4-14-08 14 WHEREAS, Resolution 06-320 approved an Agreement for Private Redevelopment (the "Agreement") by and Between the City of Iowa City and Hieronymus Square Associates (the Developer) within the City-University Project I Urban Renewal Area which provided for tax rebates to the Developer upon completion of a $40 million project with specified minimum improvements along with the payment of all property taxes associated with the project; and WHEREAS, under said Resolution, the Council determined that the Agreement is in the best interests of the City and its residents and that the performance by the City of its obligations thereunder is a public undertaking in furtherance of the City-University Project I Urban Renewal Plan and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code; and WHEREAS, the Developer received construction bids for building the project that exceeded initial estimates by approximately twenty-percent (20%), making the financial risk to start the project greater than the originally projected return, therefore requiring additional time to further evaluate said project; and WHEREAS, the Developer maintains the original intent to construct a building of essentially the same size, scope and architectural significance as originally planned; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee has recommended approval of an amendment to the agreement that extends the construction start date, completion date and associated first tax rebate date as being in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: a) To authorize an extension of the construction start date, completion date and associated first tax rebate date by one year, to May 1, 2009, December 1, 2011 and June 1, 2014, respectively. b) The Mayor is authorized to execute and the City Clerk to attest and record, at the Developer's expense, this Resolution and the First Amendment to the Agreement for Private Redevelopment By and Between the City of Iowa City and Hieronymus Square Associates attached hereto and incorporated herein. Passed and approved this 14th day of 20~_. c ATTEST: - ~ CIT LERK Resolution No. nR-g~ Page 2 It was moved by f1tTlnnnPl ~ and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~~ Bailey x Champion ~_ Correia x Hayek x O'Donnell X Wilburn ~_ Wright wpdatalglossary/resolution-ic.doc Prep'd by: Sarah Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 FIRST AMENDMENT TO AGREEMENT FOR PRIVATE .REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND HIERONYMUS SQUARE ASSOCIATES WHEREAS, Resolution 06-320 approved an Agreement for Private Redevelopment (the "Agreement") by and Between the City of Iowa City and Hieronymus Square Associates (the Developer) within the City-University Project I Urban Renewal Area which provided for tax rebates to the Developer upon completion of a $40 million project with specified minimum improvements along with the payment of all property taxes associated with the project; and WHEREAS, under said Resolution, the Council determined that the Agreement was in the best interests of the City and its residents and that the performance by the City of its obligations thereunder was a public undertaking in furtherance of the City-University Project I Urban Renewal Plan and, further, that the Agreement and the City's performance thereunder was in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code; and WHEREAS, the Developer received construction bids for building the project that exceeded initial estimates by approximately twenty-percent (20%), making the financial risk to start the project greater than the originally projected return, therefore requiring additional time to further evaluate said project; and WHEREAS, the Developer maintains the original intent to construct a building of essentially the same size, scope and architectural significance as originally planned; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee has recommended approval of an amendment to the agreement that extends the construction start date, completion date and associated first tax rebate date as being in the public interest; and WHEREAS, the parties acknowledge and agree that all other terms of the original Agreement shall remain the same. . NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Hieronymus Square Associates, recorded at Book 4178, Page 610, Records of the Recorder of Johnson County, Iowa is hereby amended to as follows: Article III, Section 3.1, Minimum Improvements, is hereby amended to read in its entirety as follows: The Developer agrees to complete Minimum Improvements generally consisting of the construction of a $40 million 12-story mixed use approximate 200,000 square foot building and all related site and streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. Construction of the Minimum Improvements shall commence no later than May 1, 2009 and shall be completed by December 1, 2011 and the $40 million capital investment in Minimum Improvements shall be verified via the construction contract. Developer agrees to use best efforts to establish a viable hotel in the project. Best efforts require that the space be built out to enable a functioning hotel with an option for apartments if hotel option does not succeed, pursuant to Exhibit B and that construction plans show such. The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Staff Design Review Committee. Pursuant to this Development Agreement, the Developer shall submit a site plan for approval by the City Manager, or his/her designee, which includes all site and streetscape improvements. The Staff Design Review Committee will review the project under a Level II review under Chapter 3, Article C. Design Review of the Zoning Code, City of Iowa City within seven (7) working days of receipt of the design plans by the Director of Planning & Community Development. Additional criteria specific to this Project include, but are not limited to: • Appropriate building articulation at the street level • Multiple entries along Burlington and Clinton streets • Seamless integration of the private spaces at the street level with the public sidewalk • streetscape improvements including textured concrete, plantings, and street furniture, as approved by the City. During the term of this Agreement as established in Section 12.8, any proposed new construction on the Development Property shall be subject to approval by the Design Review Committee before the issuance of any building permit. Article VI, Section 6.7, Annual Certification, is hereby amended to read in its entirety as follows: To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or 2 Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing no later than November 1, 2012, and ending on November 1, 2023 both dates inclusive. Upon the first December 1 certification, the City will use the January 1 assessment on the Development Property to rtalri data an annual increment from the fOIIOWInq schedule: for November/December Certifications in Cit uses Janua Assessment from 2011 2008 2012 2009 Prior to November 1 in the year of the first certification, the Developer shall submit the lease plan for the Development Property, with the gross leasable floor space calculation to the City. Article VIII, Section 8.1, Economic Development Grants, subparagraph (a), is hereby amended to read in its entirety as follows: (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and to the terms of this Article VIII, to assume an obligation to make up to thirteen (13) consecutive annual payments to the Developer commencing no later than June 1, 2014 and ending on June 1, 2024; pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on the Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). 2. The parties hereto acknowledge and agree that only the specific dates and/or deadlines outlined in this First Amendment to the Agreement for Private Development by and between the City of Iowa City, Iowa and Hieronymus Square Associates have been modified by this Amendment, and all other terms and conditions outlined in the Agreement for Private Redevelopment shall continue in full force and effect. DATED this ~~~ day of A~Ri L , 2008. 3 (SEAL) CITY OF IOWA CITY, IOWA By: -~ , yor ATTE T• • By: ~~~ ~ . City rk HIERO US SQUA ASSOCIATES By. ~~.. J hn Hieronymus, Princip H' ronymus Square Assoq ates ATTEST: By: ;; C~1~ D~S/H qhn ~~~ ~t ~ (title) 4 icha I odg Principal Hieronymus uare Associates STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this -~ day of -air-ice , 2008, before me a Notary Public in and for said County, personally appeared Regenia D. Bailey and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. ~ SONDRAEFORT ° ~ Commission Number 159791 My Commission 'res rr-,o ~~~ 01M s ~ ~ d°° Notary Public in and for Johnson County, Iowa STATE OF ~Ow u ) SS COUNTY OF ~-~lns~~ ) On this 11 ~` day of ~~~ , 2008, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared John Hieronymus and Michael Hodge, principals of Hieronymus Square Associates, to me personally known, who, being by me duly sworn, did say that the execution of said instrument to be the voluntary act and deed, by each of them voluntarily executed. ~ KEVIN D. DIGMANN ~ w ~t Commission Number71aes8 ~ Notary Public i or ~h~ ~. County, ___~__ My Comn~asgn Expi-es i Z- 01~ -o 5 Prep'd by: Sarah Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND HIERONYMUS SQUARE ASSOCIATES WHEREAS, Resolution 06-320 approved an Agreeme t for Private Redevelopment (the "Agreement") by an Between the City of Iowa City d Hieronymus Square Associates (the Developer) within eCity-University Project I Ur n Renewal Area which provided for tax rebates to the Dev per upon completion of a $40 million project with specified minimum improvements al with the payment o all property taxes associated with the project; and WHEREAS, under said Resolution, e Council best interests of the City and its res~ ents a obligations thereunder was a public dert Project I Urban Renewal Plan and, further, t thereunder was in furtherance of appro objectives of the City within the meaning of h determined that the Agreement was in the that the performance by the City of its ;ing in furtherance of the City-University the Agreement and the City's performance :e economic development activities and cters 403 and 15A of the Iowa Code; and WHEREAS, the Developer received c nstructio bids for building the project that exceeded initial estimates by approxim ely twenty- ercent (20%), making the financial risk to start the project greater than t e originally p 'ected return, therefore requiring additional time to further evaluate said oject; and WHEREAS, the Developer maintai s the original intent to construct a building of essentially the same size, scope and architectural significance s originally planned; and WHEREAS, the City Council sup orts activities which promote nd facilitate economic development within Iowa City and he City Council Economic Devel ment Committee has recommended approval of an a endment to the agreement that ext ds the construction start date, completion date an associated first tax rebate date as eing in the public interest; and WHEREAS, the parties ack owledge and agree that all other terms of the dl'iginal Agreement shall remain th same. ~~ NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Hieronymus Square Associates, recorded at Book 4178, Page 610, Records of the Recorder of Johnson County, Iowa is hereby amended to as follows: Article III, Section 3.1, Minimum Improvements, is hereby amended to read in its entirety as follows: The Developer agrees to complete Minimum Improvements generally consisting of the construction of a $40 million 12-story mixed use approximate 200,000 square foot building and all related site and streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. Construction of the Minimum Improvements shall comme ce no later than May 1, 2009 and shall be completed by December 1, 2011 and the $40 m ion capital investment in Minimum Improvements shall be verified via the construction con act. Developer agrees to `use best efforts to establish a viable hotel in the project. Best orts require that the space be built out to enable a functioning hotel with an option fora artments if hotel option does not succeed, pursuant to Exhibit B and that construction pla show such. The Developer sh II submit all exterior changes or new construction requiring a building permit for review nd approval by the City St Design Review Committee. Pursuant to this Developm t Agreement, the Devel er shall submit a site plan for approval by the City Manage or his/her designee, hich includes all site and streetscape improvements. The Staff Design Review C mmittee will eview the project under a Level II review under Chapter 3, Article C. Design eview of a Zoning Code, City of Iowa City within seven (7) working days of receipt of a des n plans by the Director of Planning & Community Development. Additional titer' specific to this Project include, but are not limited to: • Appropriate building articul ion at the street level • Multiple entries along Bur ng on and Clinton streets • Seamless integration of a pri ate spaces at the street level with the public sidewalk • streetscape improve ents inclu g textured concrete, plantings, and street furniture, as proved by the City. During the term of this Agr ement as estab hed in Section 12.8, any proposed new construction on the Devel ment Property sha be subject to approval by the Design Review Committee be ore the issuance of an building permit. Article VI, Section~.7, Annual Certification, is t~reby amended to read in its entirety as follows: To assist the City n monitoring the performance of the eveloper hereunder, a duly authorized officer f the Developer shall annually provide the City: (a) a written statement from the C my Auditor showing the amount of Tax I crements (as defined in Section 1.1 of this Ag Bement) in respect of the Minimum Improv ents (excluding increases in assess or actual value due to market factors) forth following fiscal year; (b) proof that all ad alorem taxes on the Development Property hav been paid for the prior fiscal year; an (c) certification that such officer has re-examine he terms and provisions of this greement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or 2 Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with resp t thereto. Such statement, proof and certificate shall be provided not later than Novem er 1 of each year, commencing no later than November 1, 2012, and ending on No tuber 1, 2023 both dates inclusive. Upon the first December 1 certification, the ity will use the January 1 assessment on the Development Property to calculate an annu increment from the following schedule: for November/De tuber Certifications in Cit uses Janua Assessment from 2 11 2008 20 2009 Prior to November 1 i the year of the first c rtification, the Developer shall submit the lease plan for the Develo ent Property, wit the gross leasable floor space calculation to the City. Article VIII, Section 8.1, Ec nomic evelo ment Grants, subparagraph (a), is hereby amended to read in its entire as f lows: (a) For and in consideration of th obligations being assumed by the Developer hereunder, and in furtherance of the g a and objectives of the Urban Renewal Plan for the Project Area and the Urban Ren al A t, the City agrees, subject to the Developer having received a Certificate of Co pletion nd being and remaining in compliance with the terms of this Agreement and t the terms f this Article VIII, to assume an obligation to make up to twelve (12) conse tive annual yments to the Developer commencing no later than June 1, 2014 and nding on June 2024, pursuant to Section 403.9 of the Urban Renewal Act, equal in ounts to one hun red- percent (100%) per fiscal year of the Tax Increments collecte y the City with resp t to the Minimum Improvements on the Development Property nder the terms of the Or finance (without regard to any averaging that may othe se be utilized under Sectio 403.19(6) and excluding any interest that may accrue ereon prior to payment to th Developer) during the preceding twelve-month period in spect of the Development Prop rty and the Minimum Improvements, but su sect to adjustment and conditions p cedent as provided in this Article (such payme s being referred to collectively as the conomic Development Grants"). 2. The pa ies hereto acknowledge and agree that only th specific dates and/or deadlines outli din this First Amendment to the Agreement for P 'vate Development by and between e City of Iowa City, Iowa and Hieronymus Square A sociates have been modified by this .Amendment, and all other terms and conditio outlined in the Agreement. or Private Redevelopment shall continue in full force and effect. DATED this day of , 2008. 3 (SEAL) CITY OF IOWA CITY, IOWA Rv• STATE OF IOWA ) SS COUNTY~FJOHNSON ) On this day of , 2008, before me a Notary Public in and for said County, p rsonally appeared Regenia D. Bailey nd Marian Karr to me personally known, o being duly sworn, did say that ey are the Mayor and City Clerk, respectively of the Cit f Iowa City, Iowa, a Munici I Corporation, created and existing under the laws of the Sta of Iowa, and that the s al affixed to the foregoing instrument is the seal of said Municipa Corporation, and th said instrument was signed and sealed on behalf of said Muni ' al Corporatio y authority and resolution of its City Council and said Mayor and Cit Clerk ackn ledged said instrument to be the free act and deed of said Municipal Corpo tion b it voluntarily executed. ublic in and for Johnson County, Iowa STATE OF ) SS COUNTY OF ) On this ay of , 200 ,before me the undersigned, a Notary Public in and f r said County, in said State, person Ily appeared John Hieronymus and Mic ael Hodge, principals of Hieronymus uare Associates, to me personally known, o, being by me duly sworn, did say that a execution of said instrument to be th voluntary act and deed, by each of them vo ntarily executed. Notary Public in and for 5 /~ ~- ~ Prepared by: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 08-98 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE PROPOSED OFF-LEASH DOG PARK TO BE LOCATED IN SCOTT PARK. WHEREAS, the City and Johnson County DogPAC, a private non-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, wish to cooperatively construct and maintain an Off-Leash Dog Park to be located in Scott Park; and WHEREAS, Johnson County DogPAC has requested to receive 90% of the revenues generated from dog park fees which will be used to directly benefit the Scott Park Off-Leash Dog Park or other dog parks in the city, as agreed upon by the City; and WHEREAS, the Parks and Recreation Commission has voted to support this revenue sharing proposal effective until June 13, 2009, at which point the City Council may consider, at its sole discretion, whether such revenue-sharing provision should be modified on an annual basis, as stated in the attached Agreement; and WHEREAS, the City Council finds it is in the public interest to enter into the attached agreement for the maintenance of and sharing revenue generated from the dog park, in a form approved by the City Attorney's Office and the Director of Parks and Recreation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute and attest the attached Agreement. Passed and approved this 14th day of 2008. ATTEST: c~ 1./ CIT LERK Approved by City Attorney's Office ~ 7/4~ 15 Resolution No. 08-98 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 Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resoi ution-ic. doc AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE PROPOSED OFF-LEASH DOG PARK TO BE LOCATED IN SCOTT PARK WHEREAS, Johnson County DogPAC, Inc. (hereinafter referred to as "DogPAC") is anon-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Iowa City (hereinafter referred to as "City") is the owner of Scott Park where the new off-leash dog park is being developed, and WHEREAS, DogPAC and the City desire to set forth i,n writing their agreement regarding the maintenance of said dog park, the sharing of revenues c~allected from fees for use of the park, and the parties' respective rights and obligations with respect to said dog park. NOW, THEREFORE IT I5 AGREED BY THE PARTIES AS FOLLOWS: 1. Intent: The intent of this agreement is for the City and DogPAC to cooperatively provide a dog park within Scott Park for use by the general public. Further, the intent is to cooperatively maintain the facility for maximum benefit of both entities. 2. Use: The dog park will be available for use by the general public, and will be open during regular park hours as established by City Code. DogPAC shall have priority rights for scheduling special events and activities in the dog park. Said events and activities shall be approved in advance by the City. Maintenance: Except as provided in this agreement, the City shall assume full responsibility and shall assume all costs for maintenance and repair of the dog park and associated facilities, including routine mowing, snow removal and hauling away litter. DogPAC shall be responsible for maintaining any specialized equipment owned by them and placed on the premises with City approval, for policing the area on a routine basis to pick up dog feces and other litter, and for placing same in receptacles provided by the City. DogPAC may also, from time to time, organize volunteer activities to assist with maintenance and development of the dog park.. 4. Utility costs: The City shall pay all utility costs in connection with said dog park. 5. Codes and Rules: DogPAC agrees to follow and observe all local and state codes, rules and regulations and obtain all necessary permits as may be required in conjunction with its activities. 6. Fund Raising: It is understood and agreed that, from time to time, DogPAC may conduct appropriate fund raising activities at the dog park, with proceeds to benefit DogPAC and/or the dog park. Said activities shall be scheduled through the City. 7. Fees: DogPAC, as an organization, shall not be required to pay any fees to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the dog park will be established by joint effort of the City and DogPAC and shall be approved by the City Council upon recommendation of the Parks and Recreation Commission, as provided in the City Code. Sharing and Use of Fees Collected: Fees for use of the dog park shall be collected by the City and deposited with the City Finance Department. On a quarterly basis, the City shall issue a check to DogPAC in an amount equal to 90% of the fees collected by the City. This fee-sharing arrangement is effective until June 13, 2009, at which time the City Council may review and revise this provision at its sole discretion, and may continue to do so on an annual basis thereafter for the duration of the Agreement. DogPAC shall use the money received pursuant to this paragraph to directly benefit the off-leash dog park and activities held at said park, or for the benefit of other dog parks in Iowa City, as agreed upon by the City. 9. Liability Insurance: DogPAC agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to its fund raising and other events in the dog park. DogPAC may be required to provide and pay for liability insurance with respect to its use of said dog park in an amount established by the City, and, if required, shall provide proof of said liability insurance to the City. The City shall provide hazard insurance at its expense with respect to fixed assets located at the dog park. 10. Amendments: The terms of this agreement may be amended at any time by mutual written agreement between the City and DogPAC, provided however that the provisions for the sharing of fees contained in paragraph 8 above may be amended at the discretion of the City as provided for in said paragraph 8. 11. Term & Termination of Agreement: This agreement is in effect until from the date it is executed by both parties through June 13, 2009, and may be renewed by mutual written consent of the parties for an unlimited number of renewal terms of three (3) years each. Either the City or DogPAC may terminate this agreement for good cause. Such termination must be in writing with at least ninety (90) days notice. Termination may also occur upon mutual written agreement of both parties so long as neither party is in default of any of the provisions of this agreement. DATED this 14th day of ~,pril , 2008. CIT By: Atte JOHNSON COUNTY DogPAC By; ~ -n..d.~ Approved by: ~A.~ ~ A' ~~~+~ City Attorney Office y/~r~ y 15 city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: City Council FROM: Terry Trueblood, Parks and Recreation Director DATE: r~pril 9, 2008 RE: Proposed Scott Park Dog Park On your April 14th agenda is an item to consider approving a resolution for another agreement with DogPAC. This agreement is almost identical to our agreement relating to the Thornberry Off-Leash Dog Park. While it is a separate agreement, it can almost be looked upon as an "amendment" to the Thornberry agreement, and is written to coincide with it. I thought it might be beneficial to provide some background as to how this project came about. Since the very early stages of planning for the first dog park, we have had conversations with DogPAC about the possibility of establishing more than one dog park at some point in the future. Several months ago, a citizen offered to donate $10,000 toward the establishment of a second (and smaller) dog park, preferably in Willow Creek Park. After ensuing conversations, staff and DogPAC board members agreed that Scott Park would be a better location to try a second dog park. The Parks and Recreation Commission concurred with this recommendation. The donor indicated the offer was still on the table for the Scott Park location if needed, but would prefer to hold it in reserve for the possibility of establishing a third dog park in Willow Creek Park. DogPAC has indicated they can pay for most of the costs even without the donation, unless costs end up being much higher than expected. Before the Commission put their final stamp of approval on the Scott Park location they wanted to be certain that neighborhood residents had the opportunity to provide input. On December 21, 2007 a letter from the City's Neighborhood Services Coordinator was sent to area residents (copy enclosed). Among other things, this letter invited people to contact me and to attend the January 9`h meeting of the Parks and Recreation Commission. Ten citizens attended this meeting relative to this agenda item, with no opposition expressed by those in attendance. The Commission voted to approve the concept (minutes enclosed). If the agreement is approved, the plan is to work with DogPac to open the park sometime this summer. MINUTES FINAL PARKS AND RECREATION COMMISSION JANUARY 9, 2008 MEMBERS PRESENT: Craig Gustaveson, Margie Loomer, Ryan O'Leary, Matt Pacha, Phil Reisetter, Jerry Raaz MEMBERS ABSENT: David Bourgeois, John Watson, John Westefeld STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS PRESENT: Sharon Dolash, Ann Dudler, Ed Flaherty, Dianna Harris, Garry Hauser, Tegan Hauser, Del Holland, Sue Kloos, Barb Meredith, Kelly Neppl, Jean Walker, Ed Zastrow RECOMMENDATIONS TO COUNCIL: None OTHER FORMAL ACTION TAKEN Moved by Reisetter, seconded by Gustaveson, to approve the December 12, 2007 minutes as written. Unanimous. Moved by Gustaveson, seconded by O'Leary to approve the concept of developing a small doh park, approximately 3 acres in size, in Scott Park. Ayes: Gustaveson, O'Leary, Pacha, Raaz Nays• Loomer, Reisetter. Motion carried. PUBLIC DISCUSSION: Del Holland encouraged that Commission continue discussions with the Elks Club regarding a proposed extension of the Peninsula Park Trail to Taft Speedway. Trueblood and Robinson will continue to follow up. CONSIDER DEVELOPING A DOG PARK APPROXIMATELY 3 ACRES IN SIZE IN THE SOUTHEASTERN CORNER OF SCOTT PARK: Trueblood reported at the December 2007 meeting that staff and DogPAC are considering the establishment of a small dog park in Scott Park. The proposed location is a section in the extreme southeastern corner of the park approximately three acres in size. Marcia Klingaman, Neighborhood Services Coordinator, sent a letter out to the Scott Park neighbors to inform them of this proposal. Trueblood has received a few responses to date, two of which are against the idea, two are for it and two were undecided but have some concerns. These concerns include parking issues and the potential for cutting into the park space that is currently used for sledding, football and soccer. Trueblood addressed the space concerns by reporting that there will still be ample room to allow for soccer practice and flag football, and that the proposed area will not interfere in any way with the sled riding activities. Pacha asked if staff is concerned about potential flooding at this park. Trueblood agreed that this could be a concern as Scott Park is a storm water management area. However, Gustaveson mentioned that he has lived in the area for nine years and could only recall a couple of instances where the park was flooded. Trueblood mentioned that they would be taking this into consideration especially when placing the entrance gate to the dog park area, further stating that at times only part of the dog park may be flooded. Reisetter asked staff who would be responsible for paying for this dog park. Trueblood said it would come out of the DogPAC funds; however, the City would still be responsible for maintenance costs, with assistance from DogPAC volunteers, similar to the arrangement with Thornberry Park. Patrons will need to purchase the same dog tag that is necessary for the Thornberry Off-Leash Dog Park. O'Leary asked if the revenue has been enough to off-set the expenses. Trueblood stated not so far, however, that is expected during the establishment of such a park. Staff expects maintenance fees to start decreasing now that necessary items are in place. Pacha opened discussion up to the public present at this time. Sue Kloos stated that she fully supports the park. She asked how people would access the dog park area. Trueblood stated that for now it would be accessed the same as the fields etc. are currently accessed at the park, walking from the parking area. Trueblood will be talking with the necessary departments regarding the parking concerns along Scott Boulevard. Jean Walker, DogPAC member, stated that the idea of these smaller dog parks is to provide an area for neighboring residents to take their dogs, hoping that there will be more foot traffic than vehicle traffic to the park, therefore, alleviating some of the parking concerns. Sharon Dolash supports the idea of pedestrian crossings being addressed in the plan, or perhaps adding push button lights at the crosswalks to address some of the safety concerns of people crossing Scott Blvd. Trueblood will follow up with necessary staff regarding these ideas and concerns. Discussion continued with Commission members. Reisetter said that as this is prime parkland and is currently used for soccer, football, sledding and other activities, he is reluctant to approve taking approximately one-third of that section of the park for a dog park. Trueblood mentioned that before the Thornberry Dog Park went into the Peninsula Park that there was public discussion about where to place such a park and that at that time Scott Park was a possibility. At that time when discussing Scott Park the plan was to use a much larger portion of the park than what is now being discussed. At that time when meeting with the neighborhood there was very little opposition, but it was ultimately decided that the Peninsula area would be a more suitable choice for a large dog park. Gustaveson stated his support for this proposal saying that he feels it just enhances the "multiuse" abilities of the park. Raaz asked staff how they arrived at the size of approximately three acres. Trueblood stated that when discussing dog parks in the past it was determined that a dog park should not be any smaller than 2.5-3 acres in size as a smaller park would present greater difficulty in maintaining adequate turf. Gustaveson mentioned that a bridge placed at the backside of the dog park may be a good idea for the future to help lessen foot traffic across the green space of the park. Raaz encouraged that staff investigate traffic calming/quieting methods with appropriate City staff for this area and also address the parking needs. He also voiced his concern regarding the fence, wanting to make sure that this fence would not discourage people who wanted to walk near the creek to do so. Trueblood said that the planned fence would be placed so as not to do this. Loomer voiced her concern about using parkland for dog parks. Ed Zastrow from the public gave his support for the dog park in Scott Park. He further stated that the popularity of Thornberry Off-Leash Dog Park is evident and this additional dog park would provide another option for Iowa City residents and perhaps alleviate some of the issues at the Thornberry Off-Leash Dog Park. Those present from the public voiced no opposition to the proposal. Moved by Gustaveson, seconded by O'Leary to approve the concept of develonin~ a small dog park, approximately 3 acres in size, in Scott Park. Ayes: Gustaveson, O'Leary, Pacha, Raaz. Nays: Loomer, Reisetter. Motion carried. ~,!. r - ~ ~~.~.® ~o rrr~~~il CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 82 6 (319) 356-5000 (319) 35G-5009 FAX www.icgov.org December 21, 2007 Dear Scott Park neighbor: The Iowa City Parks and Recreation Commission, in partnership with the Johnson County Dog Park Action Committee (DogPAC), is considering the establishment of a small dog park in Scott Park. The proposed location is a section in the extreme southeastern corner of the park (south of the creek adjacent to the farm property), approximately three acres in size (see map on back). This location will not adversely affect other activities in this part of the park, such as the youth flag football program or the sled riding hill. The Parks and Recreation Commission will be discussing this proposal at their next meeting which will take place Wednesday, January 9, 5:00 p.m., Meeting Room B, Robert A. Lee Community Recreation Center, 220 South Gilbert Street. This meeting is open to the general public. If you are iriterested in hearing this discussion and/or providing input, please feel free to attend. If you cannot attend, but would like to comment on the proposal you may submit your comments to Terry Trueblood, Director of Parks and Recreation, by one of three methods: 1). Email him at terry-trueblood(a~iowa-city.org. 2). Send a letter to Terry Trueblood Director of Parks and Recreation 220 South Gilbert St. Iowa City, IA 52240 3). Call him at 356-5104. Sincerely, Marcia Klingaman Neighborhood Services Coordinator Q ~ ~ ELGIN ,~ ~~'LES DR z~" ~ z v o ~ ~R ~ ~ ~ ~ ~E~ m U' COURT SCR ~ o ~ ~ O~ ~ Scott Park ~ ,`~ ~' C U M BUCKI Scott Park P ~~~~ ~~ PROPOSED ~ ° SCOTT PARK BOR CIR ,~, ~:_~` DOG PARK _~ z J ~O ~ ~ C Q NEWCAS~~ ~ z Q ~ DR ~ _ ~- D ~ ~ KIL BURN\~ o ~- U z cn VE AMPTON CT q MER~c City of Iowa City N Mapping AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DogPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE PROPOSED OFF-LEASH DOG PARK TO BE LOCATED IN SCOTT PARK WHEREAS, Johnson Co my DogPAC, Inc. (hereinafter referred to as "Dog AC") is anon-profit corporation which advocate for the development of dog parks and other do ctivities in and around Iowa City, and WHEREAS, the City of Iowa qty (hereinafter referred to as "City") is e owner of Scott Park where the new off-leash dog park is being veloped, and WHEREAS, DogPAC and the ~ity desire to set forth writing their agreement regarding the maintenance of said dog park, the sharing of revenues co ected from fees for use of the park, and the parties' respective rights and obligatiaPs with respect to id dog park. NOW, THEREFORE IT IS AGREEI~.BY THE~ARTIES AS FOLLOWS: 1. Intent: The intent of this agreement i~fo the City and DogPAC to cooperatively provide a dog park within Scott Park for use by the genes public. Further, the intent is to cooperatively maintain the facility for maximum benefit of both ti`t\ies. 2. Use: The dog park will be avai le for use by the general public, and will be open during regular park hours as established by ty Code. D~ gPAC shall have priority rights for scheduling special events and activities in the d park. Said e~ents and activities shall be approved in advance by the City. \ Maintenance: Except s provided in this agre~inent, the City shall assume full responsibility and shall assume all costs r maintenance and repair f the dog park and associated facilities, including routine mowing, sno removal and hauling away l~ter. DogPAC shall be responsible for maintaining any specialized eq ipment owned by them and p ced on the premises with City approval, for policing the area n a routine basis to pick up dog eces and other litter, and for placing same in receptacles provi ed by the City. DogPAC may also, om time to time, organize volunteer activities to assist with m mtenance and development of the dog p rk. 4. Utility costs:/~fhe City shall pay all utility costs in connect~n with said dog park. 5. Codes an Rules: DogPAC agrees to follow and obse all local and state codes, rules and regulatio and obtain all necessary permits as may be require 'n conjunction with its activities. 6. Fund aisin It is understood and agreed that, from tim to time, DogPAC may conduct appro fate fund raising activities at the dog park, with proceeds benefit DogPAC and/or the dog park. Said activities shall be scheduled through the City. 7. Fee`: DogPAC, as an organization, shall not be required to pay any es to the City in connection with the rights granted to DogPAC herein. Fees for individual use of the og park will be established l~ joint effort of the City and DogPAC and shall be approved by the City Council upon ~ recommendation of the Parks and Recreation Commission, as provided in the City Code. Sharing and Use of Fees Collected: Fees for use of the dog park shall be collected by the City and deposited with the City Finance Department. On a quarterly basis, the City shall issue a check to DogPAC in an amount equal to 90% of the fees collected by the City. This fee-sharing arrangement is effective ur~til June 13, 2009, at which time the City Council may review and revise this provision at its sole discrl ton, and may continue to do so on an annual basis thereafter for the duration of the Agreement. DogPAC~sl~all use the money received pursuant to this paragraph to directly benefit the off-leash dog park and ac~iyities held at said park, or for the benefit of other dog parks in Iowa City, as agreed upon by the City. `~ \, 9. Liability Insurance: DogPAC agrees to indemnify, defend and hold the ity harmless in connection with any liability whatsoever arising ~n regard to its fund raising and ther events in the dog park. DogPAC may be required to provide arid.,pay for liability insurance w' respect to its use of said dog park in an amount established by the City, and, if required, shal provide proof of said liability insurance to the City. The City shall provide, hazard insurance a its expense with respect to fixed assets located at the dog park. ~.,, 10. Amendments: The terms of this agreement ma be a nded at any time by mutual written agreement between the City and DogPAC, provided h er that the provisions for the sharing of fees contained in paragraph 8 above may be amended at discretion of the City as provided for in said paragraph 8. 11. Term & Termination of Agreement: This agree ent is in effe until from the date it is executed by both parties through June 13, 2009, and may e renewed by mut I written consent of the parties for an unlimited number of renewal terms of ree (3) years each. Eit er the City or DogPAC may terminate this agreement for good cause. Su termination must be in writ' g with at least ninety (90) days notice. Termination may also occur pon mutual written agreement o both parties so long as neither party is in default of any of the p ovisions of this agreement. DATED this day of ~ , 2008. CITY OF IOWA CITY By: MAYOR Attest: CITY CLERK JOHNSON COUNTY DogPAC By: Approved by: ,,~ ~G~~ZL~~lr-~~~5~~~~~ City Attorney Office ~/`?~©~"