HomeMy WebLinkAbout2008-04-29 Resolution~' f "'~j
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Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 319/356-5041
RESOLUTION N0. os-A9
RESOLUTION APPROVING THE APPOINTMENT OF MICHAEL A. LOMBARDO AS
CITY MANAGER FOR THE CITY OF IOWA CITY, APPROVING AN EMPLOYMENT
AGREEMENT RELATING THERETO, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE SAME FOR AND ON BEHALF OF
THE CITY.
WHEREAS, this City Council has determined that it would be in the best interests of the
City of Iowa City, Iowa, to appoint Michael A. Lombardo as City Manager for the City of
Iowa City; and
WHEREAS, an Employment Agreement between the City and Michael A. Lombardo as
City Manager has been prepared, which Employment Agreement is attached hereto and
made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
Michael A. Lombardo be and he is hereby appointed City Manager for the City of Iowa
City, Iowa; and
The Employment Agreement attached hereto and made a part hereof is hereby
approved as to form and content; and
The Mayor and City Clerk are authorized and directed to execute said Agreement in
duplicate for and on behalf of the City of Iowa City, Iowa.
Passed and approved this 29thday of Aril , 20 08.
~,,/ ~ '
ATTEST: ,~,.J ~t~ J
-~~ `EITY CLERK OR
Ap oved by
City Attorney's Office
Resolution No. 08-99
Page 2
It was moved by Wilburn and seconded by o' Donnell 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
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of April, 2008, by and between
the City of Iowa City, Iowa, a municipal corporation, hereinafter called "Employer," and
Michael A. Lombardo, hereinafter called "Employee," each of whom understand as
follows:
WITNESSETH
WHEREAS, Employer desires to employ the services of said Michael A. Lombardo as
City Manager of the City of Iowa City, as provided by Article IV of the Charter of Iowa
City and the Iowa City City Code; and
WHEREAS, it is the desire of the City Council of Iowa City, hereinafter called "Council,"
to provide certain benefits, establish certain conditions of employment and to set working
conditions of said Employee; and
WHEREAS, it is the desire of the Council to (1) secure and retain the services of
Employee and to provide inducement for him to remain in such employment, (2) to make
possible full work productivity by assuring Employee's morale and peace of mind with
respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for
personal gain on the party of Employee, and (4) to provide a just means for terminating
Employee's services at such time as he may be unable fully to discharge his duties or
when Employer may otherwise desire to terminate his employ; and
WHEREAS, Employee desires to accept employment as City Manager of Iowa City;
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties
Employer hereby agrees to employ said Michael A. Lombardo as City Manager of said
Employer to perform the functions and duties specified in Article IV of the City Charter
and the Iowa City City Code, and to perform other legally permissible and proper duties
and functions as the Council shall from time to time assign.
Section 2. Term
A. Employee's first day of employment hereunder shall be May 19, 2008. This
agreement shall be for an indefinite time.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Council to terminate the services of Employee at any time, subject only to the
provisions set forth in Section 3, paragraphs A and B, of this agreement.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from his position with Employer, subject only to the
provisions set forth in Section 3, paragraph C and Section 8, paragraph D. of this
agreement.
Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time as Employee is
willing and able to perform his duties under this agreement, then in that event Employer
agrees to pay Employee a lump sum cash payment equal to six months' aggregate
salary; provided, however, that in the event Employee is terminated because of his
conviction of any illegal act involving personal gain to him, then, in that event, Employer
shall have no obligation to pay the aggregate severance sum designated in this
paragraph.
B. In the event Employer at any time during the term of this agreement reduces the
salary or other financial benefits of Employee in a greater percentage than an applicable
across-the-board reduction for all City employees, or in the event Employer refuses,
following written notice, to comply with any other provision benefitting Employee herein,
or the Employee resigns following a suggestion, whether formal or informal, by the
Council that he resign, then, in that event, Employee may, at his option, be deemed to
be "terminated" at the date of such reduction or such refusal to comply within the
meaning and context of the severance pay provision.
C. In the event Employee voluntarily resigns his position with Employer, then Employee
shall give Employer two months notice in advance, unless the parties otherwise agree.
Section 4. Salary
Employer agrees to pay Employee for his services rendered pursuant hereto an annual
salary of $160,000.00 payable in installments at the same time as other employees of
the Employer are paid.
In addition, Employer agrees to increase said base salary and/or other benefits of
Employee in such amounts and to such extent as the Council may determine that it is
desirable to do so on the basis of an annual salary review of said Employee.
Section 5. Performance Evaluation
A. The Council shall review and evaluate the performance of the Employee at least once
annually by the first of July. Initial reviews shall occur in August, 2008 and November,
2008. Said annual review and evaluation shall be in accordance with specific criteria
developed jointly by Employer and Employee. Said criteria may be added to or deleted
from as the Council may from time to time determine, in consultation with the Employee.
Further, the Council shall provide the Employee with a summary written statement of the
findings of the Council and provide an adequate opportunity for the Employee to discuss
his evaluation with the Council.
B. Annually, the Council and Employee shall define such goals and performance
objectives which they determine necessary for the proper operation of the City and in the
attainment of the Council's policy objectives and shall further establish a relative priority
among those various goals and objectives, said goals and objectives to be reduced to
writing. They shall generally be attainable within the time limitations as specified and the
annual operating and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Council and Employee mutually agree
to abide by the provisions of applicable law.
Section 6. Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office
hours to business of the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule.
Section 7. Outside Activities
The employment provided for by this Agreement shall be the Employee's sole
employment. Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the Employer and the community, the Employee may elect to
accept limited teaching, consulting or other business opportunities with the
understanding that such arrangements shall not constitute interference with nor a conflict
of interest with his responsibilities under this Agreement.
Section 8. Moving Expenses
A. Employee shall be reimbursed, or Employer may pay directly, for the expenses of
packing and moving Employee, his family, and his household goods from his present
residence to Iowa City. Said payment or reimbursement may include unpacking, any
necessary storage costs, and insurance charges.
B. Employee shall be reimbursed by Employer for the reasonable expenses incurred by
him and his family in travelling between his present residence and Iowa City for house
hunting purposes. Such expenses shall be limited to one such trip, and shall include
mileage, meals and lodging.
C. Employer shall reimburse Employee for the cost of temporary housing for the period
between commencement of employment and the move from his present residence. Such
reimbursement shall be limited to $1500.00 per month for no more than three months.
D. In the event Employee voluntarily terminates his employment before May 19, 2009,
Employee shall be required to reimburse Employer for all expenses paid or reimbursed
under this Section 8.
E. Employee agrees to establish both temporary and permanent residences within the
corporate boundaries of Iowa City.
Section 9. Monthly Vehicle Allowance
The Employer agrees to pay to the Employee, during the term of this Agreement and in
addition to other salary and benefits herein provided, the sum of $400 per month, as a
vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle.
The Employee shall be responsible for paying for liability, property damage, and
comprehensive insurance coverage upon such vehicle and shall further be responsible
for all expenses attendant to the purchase, operation, maintenance, repair, and regular
replacement of said vehicle.
Section 10. Vacation, Sick and Military Leave
A. As an inducement to Employee for him to become City Manager, upon
commencement of employment, Employee shall be credited with 10 days of vacation
leave and 12 days of sick leave. Thereafter, Employee shall accrue, and have credited
to his personal account, vacation and sick leave at the same rate as other general
employees of employer.
B. Employee shall be entitled to military reserve leave time pursuant to state law and
City policy.
Section 11. Disability, Health and Life Insurance
A. Employer agrees to make required premium payments for insurance policies for such
life and disability benefits covering Employee as Employer may now or hereafter have in
effect for its administrative employees.
B. Employer agrees to provide dental, hospitalization, surgical and comprehensive
medical insurance for Employee and his dependents and to pay the premiums thereon
equal to that which is provided all other administrative employees of Employer.
Section 12. Retirement
A. Employer agrees to enroll Employee into the Iowa Public Employment Retirement
System (IPERS) and to make the contributions for the Employer as required by law.
Section 13. Dues and Subscriptions
Employer agrees to budget and pay for the professional dues and subscriptions of
Employee necessary for his continuation and full participation in national, regional, state
and local associations and organizations necessary and desirable for his continued
professional participation, growth and advancement, and for the good of the Employer,
specifically, including but not limited to the International City Management Association
(ICMA) and Iowa CMA dues.
Section 14. Professional Development
A. Employer hereby agrees to budget for and to pay the travel and subsistence
expenses of Employee for professional and official travel, meetings and occasions
adequate to continue the professional development of Employee and to adequately
pursue necessary official and other functions for Employer, including but not limited to
the ICMA Annual Conference, the state league of municipalities and such other national,
regional, state and local governmental groups and committees in which Employee
serves as a member.
B. Employer also agrees to budget and to pay for the travel and subsistence expenses
of Employee for short courses, institutes and seminars that are necessary for his
professional development and for the good of the Employer.
Section 15. General Business Expenses
Employer recognizes that certain reasonable and customary expenses of anon-personal
and generally job affiliated nature are incurred by Employee, and hereby agrees to
reimburse or to pay said general expenses, and the Finance Director is hereby
authorized to disburse such monies upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits.
Section 16. Civic Club Membership
Employer recognizes the value of having Employee participate and be directly involved
in local civic clubs and organizations. Accordingly, Employer shall pay reasonable
membership fees and/or dues to enable the Employee to become an active member in
local civic clubs or organizations.
Section 17. Technology
Employer shall provide Employee with the technology necessary to perform the job and
to maintain communications.
Section 18. Indemnification
Employer shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties as City Manager, unless the act or omission involved willful or wanton
conduct. Employer will compromise and settle any such claim or suit and pay the
amount of any settlement or judgment rendered thereon.
Section 19. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 20. Other Terms and Conditions of Employment
A. The Council, in consultation with the manager, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this agreement, the City Charter or any other law.
B. All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions,
holidays and other fringe benefits and working conditions as they now exist or hereafter
may be amended, also shall apply to Employee as they would to other administrative
employees of Employer, in addition to said benefits enumerated specifically for the
benefit of Employee except as herein provided.
C. Employee shall be entitled to receive the same vacation and sick leave benefits as
are accorded other administrative employees of Employer, including provisions
governing accrual and payment therefore on termination of employment.
Section 21. Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: Mayor and City Attorney
410 E. Washington St.
Iowa City, Iowa 52240
(2) EMPLOYEE: Michael A. Lombardo (local address to be provided)
Alternatively, notices required pursuant to this agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed given
as of the date of personal service or as the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
Section 22. General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Employer and the Employee relating to the employment of the Employee by
the Employer. Any prior discussions or representations by or between the parties are
merged into and rendered null and void by this Agreement. The parties by mutual
written agreement may amend any provision of this agreement during the life of the
agreement. Such amendments shall be incorporated and made a part of this
agreement.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee
as well as their heirs, assigns, executors, personal representatives and successors in
interest.
C. Effective Date. This Agreement shall become effective on April 29, 2008.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will
not effect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be in full
force and effect as if they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
IN WITNESS WHEREOF, Iowa City, Iowa, has caused this agreement to be signed and
executed on its behalf by its Mayor, and duly attested by its City Clerk, and the
Employee has signed and executed this agreement, both in duplicate, the day and year
first above written.
ATTEST:
~~ ~~ ~~
City Jerk
ROVED AS ORM:
~7- ~ ~ y-a~-off
City Attorney
CITY OF IOWA CITY, IOWA
By:
ayor
~~~, ~ ~~
Employee
~~: Ea -
'~ c. ~~
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 08-100
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Loyal Order of Moose Lodge i~1096 - 3151 Highway 6 East
Picador - 330 E. Washington Street
Passed and approved this 29th day of Aril , 20 08
R
Approve y
ATTEST:
CIT CLERK
City Attorney's Office is ~~~87
It was moved by Wilburn and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
~ Champion
_
_~ Correia
x Hayek
~ O'Donnell
_
x - Wilburn
x Wright
O'Donnell
the
04-29-08
~ 5d 2
Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044
RESOLUTION NO. nR-tnt
RESOLUTION SETTING A PUBLIC HEARING ON MAY 13T", 2008 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER 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 13~' day of May,
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 29th day of
ATTEST: ~'L/~~~-~ ~ - ~~~~
CITY .,LERK
20~_
City Attorney's Office y~r.~o S'
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Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 08-102
RESOLUTION NAMING DEPOSITORIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the
City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of
the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City
Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum
approved for each respective financial institution as set out below.
Maximum Balance Maximum Balance
Depository in effect under in effect under
Name Location of Home Office Local Location prior resolution this resolution
U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00
Minneapolis, MN 55402 Iowa City, IA 52240
Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00
Trust Co. Iowa City, IA 52244-1700
Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00
Hills, IA 52235 Iowa City, IA 52240
Regions Bank P.O. Box 387 501 12th Ave, Ste 100
Memphis, TN 38147-0001 Coralville, IA 52241
West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque
West Des Moines, IA 50266 Iowa City, IA 52240
Bank of the West P.O. Box 73850 301 S. Clinton St.
Cedar Rapids, IA 52407-3850 Iowa City, IA 52240
Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St
Des Moines, IA 50309 Iowa City, IA 52240
University of Iowa 500 Iowa Avenue Same
Community Credit Union Iowa City, IA 52244-2240
Freedom Security 140 Holiday Rd. Same
Bank PO Box 5880
Coralville, IA 52241
Farmers & Merchants 1550 S. Gilbert St. Same
Savings Bank Iowa City, IA 52240
Liberty Bank 6400 Westown Parkway 205 E College
Des Moines, IA 50266 Iowa City, IA 52240
First American Bank 1207 Central Avenue 1901 Broadway, Ste e
Fort Dodge, IA 50501 Iowa City, IA 52240
American Bank & Trust 4301 East 53rd Street 805 22nd Avenue
Davenport, IA 52807 Coralville, IA 52241
Passed and approved this 29~h day of
35,000,000.00 35,000,000.00
35,000,000.00 35,000,000.00
75,000,000.00 75,000,000.00
50,000,000.00 50,000,000.00
50,000,000.00 50,000,000.00
15, 000, 000.00 15 , 000 , 000.00
15, 000, 000.00 15, 000, 000.0 0
25,000,000.00
25,000,000.00
10,000,000.00
25,000,000.00
25,000,000.00
25,000,000.00
2008 \
,l~ / App~ved by\~
ATTEST: ~~~' ` y~i~~/ i~-~~ / ( "' 1, - O
CITY CLERK City Attorney's Office
// 04-29-08
5e 1
Resolution No. 08-102
Page 2
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
X
_~
x
_~
x
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdaialglossary/resolution-ic.doc
Mkt
04-29- 8
5e 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-103
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON
LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of
$18,000, executed by the owner of the property on December 30, 2005 and recorded on
March 14, 2006, in Book 3999, Page 742 through Page 748, in the Johnson County
Recorder's Office covering the following described real estate:
Lot 85 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat
thereof recorded in Book 33, Page 312 Plat Records of Johnson County,
Iowa.
WHEREAS, Hills Bank and Trust Company is offering a construction loan in the amount
of $155,000 to the owner of 1552 Dickenson Lane and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of Hills Bank and Trust Company secured by the proposed mortgage in order to
induce Hills Bank and Trust Company to make such a loan; and
WHEREAS, Hills Bank and Trust Company, has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to secure said
lien as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Hills Bank and Trust
Company, Coralville, Iowa.
Passed and approved this 29th
ATTEST: ~1~tu~x.~ ~• ~~2~~
CITY CLERK
2~•
'1~-0~
City Attorney's Office
Resolution No. 08-103
Page 2
It was moved by Wilburn and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Correia
x Hayek
x O'Donnell
X Wilburn
~_ Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust, Co. of Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $18,000, and was executed by Greater Iowa City Housing Fellowship (herein the
Owner), dated December 30, 2005, recorded March 14, 2006, in Book 3999, Page 742 through
Page 748, Johnson County Recorder's Office, covering the following described real property:
Lot 85 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded
in Book 33, Page 312 Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $155,000 on a promissory note to
be executed by the Financial Institution and ~~ ,securing a
mortgage on the improvements to the real property described above; and ~C,(,tcx~hi.Q.
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 Mortgaqe 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 Mortgaqe 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 ~_ day of ~R ~ ~..
By
20~
FINANCIAL INSTITUTION
By
Attest:
~~~~ ~ ~4~
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this - a~ day of APR I L , 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared R~u.en', ~ ~_ ; le;~ and
Marian K. Karr, to me personally known, and, who, being by me day 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)
(1;2esoiution) iVo. a 8-103 passed (the Resolution adopted) by the City Council, under Roll Call
No. ~------. of the City Council on the ~_ day of ~PR~ ~. , 20~, and
that and Marian K. Karr acknowledged the execution of the
instrument t be their voluntary ct and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
,~~ ~ a SONDRAE FORT
o ~ Commission Number 159791 ,~~ ~ ~~'~
• My Commis ion Tres
ow 3 ~ 30~ Notary Public in and for the State of Iowa
CITY OF IOWA CITY
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This ignstrument was acknowledged before me on ~~ ~ ~ 20 ~ gS by
~~"'~~'cho0~-~-1~(name(s) of person(s)) as y ~1 (`~, Pr~~ i.~'~-~'G (type of
authority, e.g, officer, trustee, etc.) of ~- ~ ~ l S >~~rl ~- °~' ~'`~''~-~-~ ~ ~% (name of
party of behalf of whom instruments was executed) .
l:~IL.A-I.-l~~~lJ~- ~..~..~
Notary Public in an for the State of Iowa
My Commission expires: ~ - (~"' E ~
BEVERLY WENMAN
~` ~ G~rnm~^^.'.~~z ^.~r:~er 197386
My ~~.r.:l~~-l-~i~res
ow
~~ 04-Z9-US
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-104
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1209 HIGHLAND
AVENUE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of three Mortgages and an
amended Mortgage in the amount of $33,218.62, executed by the owners of the property
on December 4, 1992, recorded December 10, 1992, in Book 1475, Page 345 through
Page 349; and on March 17, 1995, recorded on March 21, 1995, Book 1880, Page 61
through Page 65; and on March 17, 1995, recorded on October 5, 1997, Book 1979,
Page 97 through Page 101; and on April 2, 1996, recorded on April 16, 1996, in Book
2066, Page 181 through Page 185, in the Johnson County Recorder's Office covering
the following described real estate:
Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the
plat thereof recorded in Book 3, Page 137, Plat Records of Johnson
County, Iowa, except the south twenty-two (22) feet thereof, subject to
easements and restrictions of record.
WHEREAS, University of Iowa Community Credit Union. is financing a loan in the
amount of $25,476 for to the owners of 1209 Highland Avenue and securing the loan by
a mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of University of Iowa Community Credit Union secured by the proposed mortgage in
order to induce University of Iowa Community Credit Union to make such a loan; and
WHEREAS, University of Iowa Community Credit Union, has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
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 University of Iowa
Community Credit Union, Iowa City, Iowa.
Resolution No. 08-104
Page 2
Passed and approved this 29th day of April , 20~_.
Approved e!y
ATTEST: c.f
CITY LERK City Attorney's Office
It was moved by Wi l h~irn and seconded by 0' Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
_~ Champion
x Correia
~_ Hayek
x O'Donnell
~_ Wilburn
~_ Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortaaaes which at this time are in the
amount of $33,218.62, and were executed by Susan D. and Edward Nehring (herein the
Owners), dated December 4, 1992, recorded December 10, 1992, in Book 1475, Page 345
through Page 349; dated March 17, 1995, recorded March 21, 1995, in Book 1880, Page 61
through Page 65; dated March 17, 1995, recorded October 5, 1997, in Book 1979, Page 97
through Page 101' dated April 2. 1996, recorded April 16, 1996, in Book 2066. Page 181 through
Page 185, Johnson County Recorder's Office, covering the following described real property:
Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the plat thereof
recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa, except the south
twenty-two (22) feet thereof, subject to easements and restrictions of record.
WHEREAS, the Financial Institution .proposes to loan the sum of $ aS 47ih' on a
promissory note to be executed by the Financial Institution and the Owners, securing a mortgage
on the improvements to the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortgages 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 Mortaaaes 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 Mortaaaes 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 day of ~PQ~ ~ , 20~.
CITY OF IOWA CITY
r
By
Mayor
FINANCIAL INSTITUTION
Attest:
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this ~9 day of APR ~ t_ , 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared `~ '~ and
Marian K. Karr, to me personally known, and, who, being by me d 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. o $- /o ~ passed (the Resolution adopted) by the City Council, under Roll Call
No. ----~----- of the City Council on the ~ day of ~P.Qi ~-.- , 20 ~ g ,and
that ~ en~a `~ I ~ 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.
~q~a SONDRAE FORT
_ ~ Commission Number 159791 ~ ~ ~~
' ow My ~o ~ is ions Tres UY~ ~R ~('
Notary Public in and for the State of Iowa
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on ~ .~ 20~ by
~,,~~ ~,O~C~' (name(s) of person(s)) as G'~lrr,~p ~ (type of
authority, e.g, officer, trustee, etc.) of L~ ~ r~~~ (name of
party of behalf of whom instruments was executed) .
~ -t-
Notary Public in d for the State of Iowa
~~ ~~ ~~~ M Commission ex Tres: G:~-~ a z ~ar~~
conm~~~ ~~ Y p
"' ~~ 04-2 - 8
5e 4
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 08-105
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A
REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 919 N.
DODGE STREET, IOWA CITY, IOWA.
WHEREAS, on October 13, 1992, 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 919 N. Dodge Street, Iowa City, Iowa from a Mortgage recorded October 20,
1992, Book 1450, Page 196 through Page 203; and from a Rehabilitation Agreement
recorded October 20, 1992, Book 1450, Page 204 through Page 207 of the Johnson
County Recorder's Office.
Passed and approved this 29th day of a=,,.-; ~ , 20~_.
c
R
Approved by
ATTEST:_ ~ C~C~ ~- r ~ ,og
CITY ERK
City Attorney's Office
It was moved by wiiburn and seconded by Oa~Donnell 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
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Systems Unlimited Foundation
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 919 N. Dodge Street, Iowa City, Iowa,
and legally described as follows:
Commencing at a point on the boundary line between Lots 32 and 33, Subdivision of the
southeast quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., said point
being 5.80 chains southwesterly of the northwest corner of said Lot 33, running thence
south 35 degrees east to the west line of North Dodge Street in Iowa City, Iowa, thence
south 40 degrees west 85 feet along the west side of said North Dodge Street, thence north
35 degrees west to the north line of said Lot 33, thence northeasterly along the north line of
said Lot 33 to the place of beginning.
from an obligation of the owner, Systems Unlimited Foundation, to the City of Iowa City
represented by a Mortgage recorded October 20, 1992, Book 1450, Page 196 through Page
203; and from a Rehabilitation Agreement recorded October 20, 1992, Book 1450, Page 204
through Page 207 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 recc
ATTEST: ~.r~~ 7C -
CITY LERK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
City Attorney's Office
On this ~~ day of l~ P~ « , A.D. 20 oS ,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
authority of its City Council, as contained in Resolution No.t~ 8-/e5', adopted by the City Council on the ~2~ day AP2i L ,
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 it and by them voluntarily executed.
~ SONDRAEFORT ~` (-
Commission Number 159791 ~'TV~(JJ\GQ_ t-'~
ow My ~ m ~ s~ n Expires Notary Public in and for Johnson County, Iowa
M ~'~ 04-29-08
5e 5
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 08-106
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN ON 3035 STANFORD AVENUE, 101
LINDEMANN DRIVE, AND LOT 17, LONGFELLOW MANOR, LOCATED IN IOWA
CITY, IOWA.
WHEREAS, on October 20, 2002, the City of Iowa City and The Housing Fellowship,
f/k/a the Greater Iowa City Housing Fellowship, executed an agreement for the use of
FY03 HOME Investment Partnership Funds, which has been amended twice; and
WHEREAS, The Housing Fellowship used the HOME funds to purchase lots at 3035
Stanford Ave., 101 Lindemann Drive, and Lot 17, Longfellow Manor for the construction
of homes;
WHEREAS, The Housing Fellowship granted the City a mortgage on each of the three
lots to secure the terms of the agreement including the loan of HOME funds;
WHEREAS, in addition to recording the mortgages, said agreement and two
amendments were also recorded;
WHEREAS, because the mortgages secure the City's interest in the properties, there is
no need to have the agreements recorded; and
WHEREAS, The Housing Fellowship requests that the City release said agreement and
the two amendments; and
WHEREAS, the City of Iowa City should 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 3035 Stanford Avenue, 101 Lindemann Drive, and Lot 17; Longfellow Manor,
from: a) Agreement between City of Iowa City and the Greater Iowa City Housing
Fellowship for the Use of FY03 HOME Investment Partnership Funds recorded on June
24, 2004, Book 3755, Page 306-325 of the Johnson County Recorder's Office; b)
Amendment to 2002 Agreement between City of Iowa City and the Greater Iowa City
Housing Fellowship for the Use of FY03 HOME Investment Partnership Funds recorded
on June 24, 2004, Book 3755, Page 326-328 of the Johnson County Recorder's Office;
and c) Amendment #2 to Agreement between City of Iowa City and the Greater Iowa
City Housing Fellowship for the Use of FY03 HOME Investment Partnership Funds
recorded October 4, 2005, Book 3947, Page 576 through Page 579 of the Johnson
County Recorder's Office.
Resolution No.
Page 2
nR-inh
Passed and approved this 29th day of Avril , 2008.
M
Approve by
ATTEST: .mac
CITY LERK
NAYS:
It was moved by wilb ern and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
X
~_
x
x
City Attorney's Office
O'Donnell the
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
Return to: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s):Greater Iowa City Housing Fellowship, n/k/a The Housing Fellowship
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 3035 Stanford
Avenue, 101 Lindemann Drive, and 830 Longfellow Place/832 Longfellow Court, Iowa City,
Iowa, and legally described as follows:
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.
Lot 114, Lindemann Subdivision, part three, Iowa City, Iowa, according to the plat
thereof recorded in book 47, page 77, plat records of Johnson County, Iowa.
Lot 17, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in
Book 35, Page 274, Plat Records of Johnson County, Iowa.
from an obligation of the owner, The Housing Fellowship, f/k/a Greater Iowa City Housing
Fellowship, to the City of Iowa City represented by: a) Agreement between City of Iowa City
and the Greater Iowa City Housing Fellowship for the Use of FY03 HOME Investment
Partnership Funds recorded on June 24, 2004, Book 3755, Page 306-325 of the Johnson
County Recorder's Office; b) Amendment to 2002 Agreement between City of Iowa City and
the Greater Iowa City Housing Fellowship for the Use of FY03 HOME Investment Partnership
Funds recorded on June 24, 2004, Book 3755, Page 326-328 of the Johnson County
Recorder's Office; and c) Amendment #2 to Agreement between City of Iowa City and the
Greater Iowa City Housing Fellowship for the Use of FY03 HOME Investment~Partnership
Funds recorded October 4, 2005, Book 3947, Page 576 through Page 579 of the Johnson
County Recorder's Office
This release of lien does not release the following three (3) mortgages in favor of the City of
Iowa City recorded: a) June 24, 2004, Book 3755, Page 329-332 (property locally known as 830
Longfellow Place/832 Longfellow Court, Iowa City, Iowa); b) October 4, 2005, Book 3947, Page
580-584 (property locally known as 3035 Stanford Ave., Iowa City, Iowa); and c) April 23, 2008,
Book 4289, Page 622-626 (property locally known as 101 Lindemann Drive, Iowa City, Iowa).
With the exception of said three mortgages, the properties are hereby released from any liens
or clouds upon title to the above property by reason of said prior recorded document.
ATTEST: ~.~..~~ ~~
CITY LERK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
M R
A roved by
C~ ~- ~`~~G$'
City Attorney's Office
On this ~ day of ~ P Q i ~ _ , A.D. 20 o g ,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
authority of its City Council, as contained in Resolution No.og'/Dto, adopted by the City Council on the ~ day ,Q-P~~ ~ ,
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 it and by them voluntarily executed.
,~"~,~ SONDRAE FORT
o ~ Commission Number 159791 S~~- ~~
• My Commission Fires Notary Public in and for Johnson County, Iowa
3
~~~ 04-29-08
U ~ 5e(6)
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. nx-i ~~
RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN
APPLICATION FOR A HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT
FOR CONDUCTING AN INTENSIVE SURVEY IN THE MANVILLE HEIGHTS
NEIGHBORHOOD TO INVESTIGATE POTENTIAL FOR A HISTORIC DISTRICT.
WHEREAS, the State Historical Society of Iowa administers the Historic Resource Development
Program (HRDP) Grant to assist local communities with historic preservation projects; and
WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application
for an HRDP Grant for the purpose of conducting a survey of the Manville Heights neighborhood
to identify historic resources for a potential historic district or eligibility for the National Register
of Historic Places; and
WHEREAS, said grant will require providing up to $8,000 in cash and/or in-kind services and
supplies as a local match, which the Historic Preservation Commission proposes to provide
through funds allocated in the budget for historic preservation consulting services; and
WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its
historic resources, in accordance with the Iowa City Historic Preservation Plan..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Historic Preservation Commission is hereby authorized to file an application for
an HRDP Grant. for conducting an intensive survey in the Manville Heights
neighborhood to investigate potential for a historic district. The Mayor is authorized
to sign the grant application.
2. The grant application shall state that any nomination for National Register
designation must be approved by the City Council.
3. In the event the Commission is successful in securing the grant, the grant agreement
between the State Historical Society and the City must be approved by the City
Council.
Passed and approved this 29thday of ~~il
Ap roved by
~~
' ~ City Attorney's Office y(.Z ~~ ~~
ATTEST: -
CITY C ERK
Resolution No. os-~ o~
Page 2
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
-~
X
x
X
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdatalglossary/resolution-ic.doc
04-Zy-Utt
7e
Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SUB08-00003)
RESOLUTION NO. 08-108
RESOLUTION APPROVING THE AMENDED FINAL PLAT OF
CARDINAL POINTE SOUTH -PART ONE, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development Services, LLC., filed with the City Clerk the
amended final plat of Cardinal Pointe South -Part One, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
I certify that during the month of March, 2008, at the direction of Southgate Development Co. , a
survey was made under my supervision of a Portion of the Southeast Quarter of the Northeast
Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township
79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the
boundaries of which are described as follows:
Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the
Fifth Principal Meridian; Thence N00°36'36"E, along the East Line of the Northeast Quarter of said
Section 12, a distance of 773.45 feet, to the Point of Beginning; Thence N44°52'16"W, 218.98 feet;
Thence S79°28'14"W, 277.09 feet; Thence S27°28'52"W, 50.00 feet; Thence Southwesterly, 39.91
feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears
S71 °44'45"W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave
Northwesterly, whose 100.39 foot chord bears S42°40'45"W; Thence S59°20'52"W, 175.26 feet;
Thence N30°39'08"W, 50.00 feet; Thence S59°20'52"W, 205.07 feet; Thence Southwesterly, 34.28
feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears
S53°44'12"W; Thence S48°07'32"W, 89.11 feet, to a Point on the Easterly Line of the Tract of land
depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book
49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence S59°20'52"W
along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a
20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75°39'08"W;
Thence N30°39'08"W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet,
along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot
chord bears N14°43'50"W; Thence N01°11'28"E, along said Easterly Line, 420.64 feet; Thence
Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave
Southwesterly, whose 179.38 foot chord bears N00°49'29"W; Thence Northeasterly, 62.65 feet,
along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot
chord bears N42°01'38"E; Thence N86°53'42"E, along said Easterly Line, 20.03 feet; Thence
N03°06'18"W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on
the South Line of Parcel 2005-004, in accordance with the Plat thereof Recorded in Plat Book 49, at
Pages 89-90 of the Records of the Johnson County Recorder's Office; Thence N86°53'42"E, along
said South Line, 43.59 feet; Thence Northeasterly, 244.97 feet, along said South Line, on a 1000.00
foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79°52'37"E; Thence
Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005-005, in
accordance with the Plat thereof Recorded in Plat Book 49, at Page 89-90 of the Records of the
Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose
623.27 foot chord bears S88°58'59"E; Thence Southeasterly, 243.11 feet, along the South Line of
said Parcel 2005-005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot
chord bears S80°06'42"E; Thence S89°23'52"E, along said South Line, 9.11 feet, to its intersection
with the Westerly Line of Cardinal Ridge -Part Three, in accordance with the Plat thereof Recorded
in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence
S00°36'32"W, along said Westerly Line, 32.26 feet; Thence S89°23'28"E, along said Westerly Line,
Resolution No. 08-108
Page 2
5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve,
concave Southwesterly, whose 28.28 foot chord bears S44°23'28"E; Thence S00°36'32"W, along
said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence S89°23'28"E, along the
South Line of said Cardinal Ridge -Part Three, a distance of 50.00 feet, to its intersection with the
East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge -Part
Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the
Johnson County Recorder's Office; Thence S00°36'36"W, .along said East and West lines, 842.28
feet, to the Point of Beginning. Said tract of land contains 31.36 acres, more or less, and is subject to
easements and restrictions of record.
WHEREAS, the plat is being amended to remove a construction limit line on lot nine for an area that
was graded for the construction of Camp Cardinal Boulevard; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2008) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
S/pcd/staff reports/SU808-00003/SUBOB-00003 resolution
Resolution No. nst_108
Page 3
Passed and approved this 29th day of April , 20~.
i4Y
Approved by
ATTEST: ~~1~r~ ~S 9C~2~(h~
CIT LERK
d ~y~.G~-rwc i~~~~-c~'~~~J
City Attorney's Office ~~ 2 3`C~'-
It was moved by Champion and seconded by Wright 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
Slpcdlstaff reports/SU608-00003/SUB08-00003 resolution
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Adam Ralston, Planning Intern
Item: SUB08-00003 Cardinal Pointe South Date: April 17, 2008
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Southgate Development Services, LLC
755 Mormon Trek Boulevard
Iowa City, IA 52246
(319) 337-4197
Glenn Siders
755 Mormon Trek Boulevard
Iowa City, IA 52246
(319) 337-4197
Amended final plat and sensitive areas development
plan
To eliminate a construction limit line on lot 9
East of Camp Cardinal Boulevard and south of
Kennedy Parkway
OPD-8 and CO-1
North: Undeveloped -Residential (R1 B, Coralville)
South: Undeveloped (ID-ORP)
East: Residential (OPD-5)
West: Undeveloped (ID-ORP)
Low-density residential, Office and Research Park
(Clear Creek Master Plan)
March 27, 2008
May 11, 2008
Cardinal Pointe South, Part One, was subdivided in 2007. Construction limit lines were shown on
the final plat to demarcate the extent of development activity on all the lots and outlots where
sensitive areas existed. A construction limit line was included on lot 9. This limit line was shown
by the applicant to be a sensitive area on the final plat and was not requested by the City. The
applicant is requesting that the construction limit line on lot 9 be eliminated.
2
ANALYSIS:
The area located beyond the construction limit line on lot 9 includes a slope of roughly 30%,
making it a critical slope. This slope was created by grading that was done for the construction of
Camp Cardinal Boulevard. No trees or other sensitive features are located in the area beyond the
limit line. Staff concurs with the applicant that there is no need to limit the construction area on lot
9.
STAFF RECOMMENDATION:
Staff recommends that item SUB08-00003, an application for an amended final plat and sensitive
areas development plan for Cardinal Pointe South, a 21-lot, 31.6 acre residential and commercial
subdivision located east of Camp Cardinal Boulevard and south of Kennedy Parkway, be
approved.
ATTACHMENTS:
1. Location map
2. Exhibit showing details of existing building line in Cardinal Pointe South
3. Exhibit showing proposed amendment to the building line
Approved by: ~/ `"~(
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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04-29-08
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 356-5030
Resolution No. 08-109
RESOLUTION AUTHORIZING CONVEYANCE OF A SKYWALK EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF JOHNSON COUNTY,
IOWA, WHICH SKYWALK IS TO BE CONSTRUCTED ABOVE BENTON STREET
BETWEEN CLINTON STREET AND DUBUQUE STREET.
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, following public hearing on the proposed conveyance, the City Council finds
that the conveyance of a skywalk easement is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Council does hereby authorize the Mayor and City Clerk to execute the
attached "Skywalk Easement, Temporary Construction Easement, and Covenant" and
any other documents necessary to convey a skywalk easement and temporary
construction easement over the portion of the Benton Street right-of-way between
Clinton Street and Dubuque Street to Johnson County.
2. The City Attorney is hereby authorized to carry out any actions necessary to
consummate the conveyance as required by law.
Passed and approved this 29th day of Anril , 2008.
c
`M R `~ J
Appro ed by2`
ATTEST: ,e~.ec~,.J ~ '-~'l~ !. ~'I~~~'~~l•L2fdZ-/ ~~~~~..~
CITY LERK City Attorney's Office ~~s~~}~~
Resolution No. 08-109
Page 2
It was moved by Wilburn and seconded by Hayek
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the Resolution be
ABSTAIN:
x
wpdafalglossary/resoluGon-ic.doc
SKYWALK EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT
THIS AGREEMENT, made and entered into this ~ day of APl~i L- ,. 2008, by and
between Johnson County, Iowa, hereinafter referred to as "Johnson County", and the City of
Iowa City, an Iowa municipal corporation, hereinafter referred to as "City."
In consideration of their mutual agreements and promises herein, it is agreed as follows:
1. The undersigned City, as Grantor, states and covenants that it is the owner of
certain real estate described in Exhibit "A" attached hereto, that it is lawfully seized
and possessed of the said real estate described above, and that it has a good and
lawful right to convey this easement.
2. In consideration of the covenants and promises herein, the City hereby grants and
conveys to Johnson County a Skywalk Easement for air and ground rights for
purposes of Johnson County constructing, operating, maintaining, repairing, using
and reconstructing a skywalk and necessary appurtenances upon, over and across
certain real estate owned by The City, hereinafter referred to as the Skywalk
Easement Area, which structure and property are described and shown on Exhibit B
attached hereto, and are deemed the "servient property" herein.
3. In addition to the Skywalk Easement granted in Paragraph 2, the City does hereby
grant and convey to Johnson County a temporary construction easement upon that
portion of the City's property described and shown in Exhibit C, attached hereto.
Said temporary construction easement is for the purpose of facilitating Johnson
County's construction of the skywalk, including necessary use of the Benton Street
right-of-way by construction equipment and ingress and egress of persons and
equipment for construction purposes.
4. The term of the temporary construction easement will be for the period of time
required by Johnson County to complete the construction of the skywalk, but in no
event shall the temporary easement extend beyond twelve (12) months from the
date of execution of this Agreement.
a. The temporary construction easement shall include, in part, the right to close
Benton Street for a period of not to exceed five (5) working days, the scheduling
thereof to be subject to the approval of the Director of Public Works, or his
designee. Johnson County agrees to provide such detour signage as is required
by the Public Works Department during the closure of Benton Street.
b. Additionally, the City hereby agrees to allow Johnson County to temporarily
fence and close a portion of the rights-of-way along the north and south edges
of Benton Street.
c. Johnson County agrees to provide, keep in place, and maintain in good working
condition certain fencing and signage necessary to do the following:
(i) Route pedestrians through or around the closure area as approved by
the City during construction;
(ii) Provide advance warning of the closure;
(iii) Provide for the orderly, predictable and ADA accessible movement of
pedestrian traffic.
(iv) All signage shall be in accordance with the Federal Highway
Administration Manual on Uniform Traffic Control Devices.
d. Johnson County shall be responsible for the removal, storage, and replacement
of items located within the Benton Street rights-of-way which could be damaged
during the construction. If it is necessary to relocate traffic control signage, the
relocation shall be coordinated with the Iowa City Streets Division.
e. After construction activities are completed, Johnson County agrees to restore
any and all portions of the sidewalk and right-of-way to the City's complete
satisfaction.
5. The Skywalk Easement herein granted shall run in favor of and be for the benefit of
properties owned by Johnson County and abutting Benton Street to the north and
south thereof, hereafter referred to as the dominant properties and described in
Exhibit D attached hereto.
6. As further consideration for this grant and conveyance of the Skywalk Easement and
rights described in this Agreement, Johnson County does hereby agree, as a
covenant running with the servient property covered by this Easement and with the
dominant properties served by this Easement, for and on behalf of themselves as
follows:
The Skywalk Easement and rights granted herein shall terminate upon the
occurrence of any of the events listed below. Following notice of termination from
the City, Johnson County agrees to promptly remove the skywalk structure, together
with all appurtenances thereto, from the servient property, and agrees to promptly
restore the property to a condition acceptable to the City. Such removal shall be at
the sole cost of Johnson County:
a. The destruction of or damage to the skywalk rendering it unusable or unsafe,
as determined by the City, for users of the Benton Street right-of-way,
provided that in the event Johnson County desires to reconstruct the skywalk
and no other event has occurred which would permit the City to terminate
this Agreement, Johnson County shall be permitted to reconstruct the
skywalk. In such event, this Agreement shall continue in full force and
effect, but only if the reconstruction satisfies subparagraphs 7(a) and 7(d)
below.
b. The skywalk suffers physical deterioration, to such extent that public safety
requires its removal, as determined by the City.
c. The skywalk structure is abandoned or the use thereof ceases, as determined
by the City, for a period of one (1) year. However, Parties agree that in the
event the failure to use the skywalk is the result of fire or casualty and occurs
to the structures located on either or both of the dominant estates, and in
the event repair of reconstruction of the damaged structure or structures has
commenced within the one (1) year period, the lack of use will not be
deemed by the City to be an abandonment.
7. In further consideration of its mutual promises, Johnson County does covenant with
City as an additional covenant running with the land as follows:
a. Johnson County shall submit the plans and specifications for the skywalk
structure and appurtenances, as well as future plans for structural repairs,
reconstruction, or alteration thereof, to the City for review and approval, at
least 15 days prior to commencement of any construction or other work.
b. The skywalk structure shall be constructed and maintained according to
established engineering and design standards, and shall be constructed and
maintained at an elevation of not less than 16.5 feet above the centerline
grade of Benton Street existing as of the date hereof. Johnson County
further agrees the columns supporting said structure shall be located not
less than ten (10) feet from the back of the curbs along Benton Street; that
said skywalk structure shall be painted, decorated, and repaired so that its
appearance will not detract from surrounding properties, and such work
shall be subject to the prior approval of the City, which approval shall not be
unreasonably withheld; that during painting and maintenance activities, care
will be taken to protect pedestrian and vehicular traffic passing below on
Benton Street; and that if the skywalk structure is not maintained in a safe
and acceptable condition, the City may perform such maintenance or repair
work as is required, and shall invoice the costs of repair to Johnson County.
It is further agreed that if such repair or maintenance will in any way involve
occupancy of the street right-of-way or affect pedestrian or vehicular traffic
thereon, the timing of repair or maintenance of the skywalk structure shall
be first approved by the Director of Public Works or his designee such
approval not to be unreasonably withheld.
c. Johnson County shall emplace and maintain appropriate street signage on
Benton Street to warn approaching vehicular traffic of any construction,
repair, or maintenance activity while same is in progress, as required by and
to the satisfaction of the City.
d. Any assignments of rights under this Skywalk Easement Agreement shall be
subject to the prior written approval of the City.
e. During all time periods in which the property is occupied or used for the
purposes herein, Johnson County agrees to carry Class II liability insurance
in the minimum amounts of $1 million each occurrence, $2 million aggregate
bodily injury, and $500,000 aggregate property damage with contractual
liability coverage included. Participation in a government risk pool or self-
insurance that covers the risks attendant to this Agreement shall be
sufficient to satisfy this requirement. Any insurance coverage obtained
pursuant to this agreement shall not be interpreted as a waiver of any
immunities afforded to Johnson County pursuant to Iowa Code.
The coverage amounts applicable to the servient property as herein provided
shall be subject to increases at such times as comparable coverage for either
dominant properties are increased, such increases to be in proportion to the
coverage increases on either of the dominant properties. In the event City
determines that increased coverage is needed for safety purposes, Johnson
County shall obtain such coverage within a reasonable time and after notice
by the City.
Evidence of such insurance coverage shall be provided to the City in the
form of an insurance certificate. Such certificate shall indicate coverage for
the contractual indemnity provision provided in subparagraph 7(f) below, or
shall list the City as an additional insured.
f. Johnson County shall defend, indemnify and save harmless the City of Iowa
City, its officers, employees and agents from and against all loss or expense,
including defense costs and attorney's fees, by reason of liability imposed
upon the City of Iowa City, Iowa, its officers, employees or agents for any
and all damages, whether real or personal, including the loss of light, air or
access to any abutting property, which may arise out of or as a consequence
of the structure and/or use for which this Skywalk Easement and Temporary
Construction Easement are granted.
g. The failure of Johnson County to perform as herein provided in paragraphs 6
and 7 above shall be grounds for City's termination and revocation of this
Skywalk Easement and Temporary Construction Easement.
8. Title to the servient property shall remain in the City of Iowa City, Iowa. Except for
the height limitation imposed on the public in its right of passage upon Benton
Street by virtue of the construction and maintenance of said skywalk structure,
Parties hereto agree the use of said property by the public for street right-of-way
purposes shall not be affected in any way by either the grant of the Skywalk
Easement or by the covenants noted above.
9. This agreement shall constitute a covenant running with the land, and shall be
binding upon and shall inure to the benefit of the respective heirs, successors in
interest, and assigns of both parties.
10. This Agreement shall be recorded in the Johnson County Recorder's Office at
Johnson County's expense.
~~ /~
Dated this ~9 day of :~-1PR1 ~ , 2008.
CITY O~OWA CITY
Regent Bailey, Mayor
Attest: _ ~14,~s.c~t-y~ ~ ~ ~~
Marian ,Karr, City Clerk
Approved by: r ~J'~ar~ ~~Pinyy~~~~1~6~
City Attorney's Office r~l sr~~~
JOHNSON COUNTY, IOWA
By: l ~ a .~ .Q Y.~.l.~?x n(1
Chairperson -Board of Supervisors
_..._
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w
Attest: ~ `.~ ~ ~?.~-,
County Auditor
CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
JOHNSON COUNTY ) ss:
~~' 2008, before me, the undersi ned, a
On this ~ day of ~ PR + ~ 9
Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and
Marian K. Karr, to me personally known and who, being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed
to the foregoing instrument to which this is attached, that the seal affixed thereto is the seal of
the corporation; that said instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. 08- /Dq passed (the resolution
adopted) by the City Council, on the a9 ~~ day of A ~z~ ~ , 2008, and that R~eye,n~a.
Q. &~ ley and Marian K. Karr acknowledged the execution of the instrument to be the voluntary
act and deed of the corporation, by it and by them voluntarily executed.
o,~"us SONDRAEFORT
Commission Number 159791
My Commission Expires
Ser~ace. ~ ow
Notary Public in and for the State of Iowa My co fission expires:
JOHNSON COUNTY ACKNOWLEDGMENT
STATE OF IOWA )
JOHNSON COUNTY ) ss:
On this ~ day of /+o iLi ( , 2008, before me, the unde igned, a Notary Public in
and for said County, in said State, Nersonally appeared ~gc~ _ llrutc,~-~ to me
personally known, who being be me duly sworn, did say that they are the Chairman of the Board
of Supervisors of the County of Johnson, State of Iowa, executing the foregoing instrument; that
the seal affixed thereto is the seal of said county; that said instrument was signed and sealed on
b hal f said County by authority of its Board of Supervisors; and that the said
l1 iv~c-~ acknowledged that execution of said instrument to be the voluntary
act and deed of said county a d by them voluntarily executed.
~ ~ , ~, ~~ 2
N tary Public in and for the State of Iowa My com • ~~~
EXHIBIT "A"
DESCRIPTION OF PROPERTY OWNED BY CITY
The 100 foot wide right-of-way of that portion of Benton Street lying between the easterly
right-of-way line of Clinton Street and westerly right-of-way line of Dubuque Street, In Iowa
City, Iowa, according to the recorded plat thereof.
EXHIBIT °B"
THE SERVIENT PROPERTY
Description of Skywalk Easement area shall be prepared and finalized after construction,
said legal description to be subject to City approval.
EXHIBIT ~~C"
(Need an exhibit showing the ROW area to be fenced off during construction)
EXH BIT "
(ROW area to be fence off during construction)
S CLINTON STREET
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EXHIBIT °D"
LEGAL DESCRIPTION OF DOMINANT PROPERTY
855 S. DUBUQUE STREET, IOWA CITY
The city block lying adjacent to and east of South Clinton Street, adjacent to and west of
South Dubuque Street, and adjacent to and north of Benton Street, more particularly
described as: Block 27, plat of an Addition of lots to Iowa City, as laid off as the County
Seat of Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to
the plat thereof recorded in Book 1 8~ 2, Page 301, Deed Records of Johnson County,
Iowa, including all of Lots 1 through 8 of said Block 27 and the Vacated Alley described
in Book 4059, Page 585 of the Records of the Johnson County Recorder.
913 S. DUBUQUE STREET, IOWA CITY
A portion of Outlot 1, County Seat Addition as described in Book 760, Page 301, Iowa
City, Iowa.
~~ EXHIBIT ~~C"
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City of Iowa City
MEMORANDUM
Date: April 24, 2008
To: City Council
From: Robert Miklo, Senior Planner
Re: Johnson County Administration Building Skywalk
David Kempf, Johnson County Facilities Manager, has submitted the attached drawings of the
proposed skywalk and landscaping plans for the administration building and parking facility. As
noted in Mr. Kempf's email the County plans additional landscaping on the north and east sides
of the parking deck, subject to approval by the City Forester.
Page 1 of 1
Bob Miklo
From: David Kempf [dkempf@co.johnson.ia.us]
Sent: Wednesday, April 23, 2008 2:52 PM
To: Bob Miklo
Cc: Sara Greenwood Hektoen; Andy Chappell
Bob,
I wanted to take a moment to clarify a couple of things from our conversation this afternoon. Phase II
plans for the Health and Human Services Building Parking Structure and Site Work only shows landscaping plans
for the east side of the ramp. The counties intentions are to do the landscaping on the north and west sides of the
parking structure in house, keeping the landscaping consistent with the west side. We may need to use a smaller,
ornamental type tree on the east side. We will need to work with the City Forester to help us select what type of
trees could be used because of limited space and right of way needs. If you have any questions please feel free
to contact me.
David G. Kempf CFM
Johnson County Facilities Manager
913 S. Dubuque St.
Iowa City, IA 52240
Office: 319-356-6073 Ex. 288
Cell : 319-936-7401
Fax: 319-356-6086
4/24/2008
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U 9
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 08-110
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
PUBLIC WORKS SALT STORAGE FACILITY 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 2:00 p.m. on the 27th 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 meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 3rd day of June, 2008, or at a special meeting called for that
purpose.
Passed and approved this 9th day of
ATTEST: ~ -
CITY LERK
pweng\res\08SaItStorage.doc 4/08
20 n8
City Attorney's Office
v
zlvP'
Resolution No. 08-110
Page 2
It was moved by Wilburn 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 '
wpdatalglossa ry/resolution-ic.doc
A n ~~ 4-29- 8
/Vl 10
Prepared by: Dan Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 08-111
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008
ASPHALT RESURFACING 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:
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 20th 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 meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 3r day of June, 2008, or at a special meeting called for that
purpose.
Passed and approved this 29th day of
ATTEST: /`(a~ n - ~~~
CITY ERK
20 08
City Attorney's Office
Pweng/res/08asphalt appp&s.doc 4/OB
Resolution No. O8-i i i
Page 2
It was moved by Champion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~_
x
~_
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
,M~ 04-29-08
11
Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 08-112
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 DUBUQUE /
CHURCH STREET RADIUS IMPROVEMENT 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 COUNCIL OF THE CITY OF IOWA CITY,
IOWA-THAT:
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 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. 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, until 3:00 p.m, on the 28th day of May, 2008, or
at a later date and/or time as determined by the Director of Public Works or designee,
with notice of said later date and/or time to be published as required by law. Thereafter
the bids will be opened by the City Engineer or his designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to
be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd
day.of June, 2008, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Passed and approved this 29th day of
ATTEST: 71 ~ ~
City Jerk
2008.
Approved by:
r~(o~
City Attorney's Office / ~`~
Resolution No. ns-~ i 2
Page
It was moved by 0°_'Donnell and seconded by Wright 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
v P 04-t5-OEi
// 12
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON
County, Iowa:
The City Council of Iowa City in said County/Counties met on 4/29/08
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No. 08-113
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE : 2008
(AS AMENDED LAST ON 11/27/07 .)
Be it Resolved by the Council of the City of Iowa City
Section 1. Following notice published 4/18/08
and the public hearing held, 4/29/08 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Total Budget
as certified
or last amended
Current
Amendment Total Budget
after Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 39,973,488 0 39,973,488
Less: Uncollectted Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 39,973,488 0 39,973,488
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 1,798,206 823,007 2,621,213
Other City Taxes 6 1,446,363 72,000 1,518,363
Licenses & Permits 7 1,264,926 60,000 1,324,926
Use of Money and Property 8 3,938,963 460,225 4,399,188
Intergovernmental 9 34,086,131 -955,323 33,130,808
Charges for Services 10 37,720,480 74,355 37,794,835
Special Assessments 11 0 0 0
Miscellaneous 12 4,681,683 -627,501 4,054,182
other Financing Sources 13 68,093,100 5,666,383 73,759,483
Total Revenues and other Sources 14 193,003,340 5,573,146 198,576,486
Expenditures & Other Financing Uses
Public Safety 15 .17,777,715 856,111 18,633,826
Public Works 16 11,417,816 1,609,357 13,027,173
Health and Social Services 17 0 0 0
CuRureandRecreation 18 10,899,648 441,210 11,340,858
Community and Economic Development 19 6,302,190 334,142 6,636,332
General Government 20 7,856,796 -156,554 7,700,242
Debt Service 21 11,717,610 0 11,717,610
Capital Projects 22 34,897,255 -1,960,726 32,936,529
Total Government Activities Expenditures 23 100,869,030 1,123,540 101,992,570
Business Type /Enterprises 24 54,727,554 1,022,714 55,750,268
Total Gov Activities 8 Business Expenditures 25 155,596,584 2,146,254 157,742,838
Transfers Out 26 57,120,170 5,666,383 62,786,553
Total ExpenditureslTransfers Out 27 212,716,754 7,812,637 220,529,391
Excess Revenues 8 Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 28
-19,713,414
-2,239,491
-21,952,905
Continuing Appropriation 29 0 N/A 0
Beginning Fund Balance July 1 30 121,422,352 -387,639 121,034,713
Ending Fund Balance June 30 31 101,708,938 -2,627,130 99,081,808
Passed this
~~~r~i~~-~ ~ ~C~~~/
Signature
City Clerk/Finance Officer
29th
(oaYl
day of A r 2008
Monrh/Yea~) C-
Signature
2 Mayor
Resolution No. 08-113
Page 2
It was moved by Wilburn and seconded by Wright 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~c.doc
April 29 ,2008
The City Council of Iowa City, Iowa, met in ~eciaL session, in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock p .M., on the above date.
There were present Mayor Bailey , in the chair, and the following
named Council Members:
Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
Absent: None
*******
-1-
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the issuance of not to exceed $6,890,000 General Obligation
Bonds 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, essential corporate purposes, and that notice of the proposed action by the
Council to institute proceedings for the issuance of the bonds, had been published
pursuant to the provisions of Section 384.25 of the City Code of Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the issuance of the bonds. The Clerk advised the
Mayor and the Council that no written objections had been filed. The Mayor then
called for oral objections to the issuance of bonds and none were made. Whereupon,
the Mayor declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-2-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $700,000 of general obligation bonds in order to provide funds to
pay costs of improvements to the Senior Center, including tuck pointing, roof, boiler and
chiller repairs; general corporate purposes; and that notice of the proposal to issue the
bonds and the right to petition for an election had been published as provided by Section
384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition
had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of
Iowa, and the Clerk reported that no such petition had been filed, requesting that the
question of issuing bonds be submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of the bonds to be
closed.
-3-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $645,000 of general obligation bonds in order 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; general corporate purposes; and that notice of the
proposal to issue the bonds and the right to petition for an election had been published as
provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk
whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26
of the City Code of Iowa, and the Clerk reported that no such petition had been filed,
requesting that the question of issuing bonds be submitted to the qualified electors of the
City.
Whereupon, the Mayor declared the hearing on the issuance of the bonds to be
closed.
-4-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $590,000 of general obligation bonds in order to provide funds to
pay costs of the purchase of equipment for city offices and the acquisition of art for public
buildings and areas; general corporate purposes; and that notice of the proposal to issue the
bonds and the right to petition for an election had been published as provided by Section
384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition
had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of
Iowa, and the Clerk reported that no such petition had been filed, requesting that the
question of issuing bonds be submitted to the qualified electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of the bonds to be
closed.
-5-
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $325,000 of general obligation bonds in order to provide funds to
pay costs of improvements to the Mercer baseball field and General Rehabilitation and
Improvement Program housing improvements; general corporate purposes; and that notice
of the proposal to issue the bonds and the right to petition for an election had been
published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then
asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated
in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had
been filed, requesting that the question of issuing bonds be submitted to the qualified
electors of the City.
Whereupon, the Mayor declared the hearing on the issuance of the bonds to be
closed.
-6-
04-29-08
13
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Champion introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $6,890,000 GENERAL OBLIGATION BONDS", and moved:
® that the Resolution be adopted.
~ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock _.M. on the day of , 2008, at this
place.
Council Member O'Donnell seconded the motion. The roll was
called and the vote was,
AYES: Champion, Correia, Hayek, O'Donnell, Wilburn,
Wright, Bailey
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-114
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $6,890,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $6,890,000 General Obligation Bonds for the essential corporate purpose of
paying 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, and has considered the extent of
objections received from residents or property owners as to the proposed issuance of bonds;
-7-
and, accordingly the following action is now considered to be in the best interests of the
City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of not to exceed $6,890,000
General Obligation Bonds for the foregoing essential corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse
with the proceeds of the Bonds, all or a portion of original expenditures incurred in
connection with the above purpose.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the same
on behalf of the City and this Council and otherwise to take all action necessary to permit
the sale of bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this 29th day of April ,
2008.
ATTEST:
City~lerk
-8-
-`~'~ 04-29-0
14
Whereupon, Council Member Hayek introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS",
and moved:
® that the Resolution be adopted.
~ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of , 2008, at this place.
Council Member 0' Donnell seconded the motion. The roll was
called and the vote was,
AYES: Correia Havek O'Donnell Wilburn. Wright.
BaileX GhamF~on
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-115
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order
to provide funds to pay costs of improvements to the Senior Center, including tuck
pointing, roof, boiler and chiller repairs, and no petition was filed calling for a referendum
thereon. The following action is now considered to be in the best interests of the City and
residents thereof:
-9-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purpose..
Section 2. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse
with the proceeds of the Bonds, all or a portion of the original expenditures incurred in
connection with the above purpose.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the same
on behalf of the City and this Council and otherwise to take all action necessary to permit
the sale of bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this 29th day of air; i ,
2008.
ATTEST:
. 2c,~
City Jerk
-10-
f. 04-29-08
15
Whereupon, Council Member Wright introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $645,000 GENERAL OBLIGATION BONDS",
and moved:
® that the Resolution be adopted.
^ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of , 2008, at this place.
Council Member Hayek seconded the motion. The roll was
called and the vote was,
AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey,
Champion, Correia
NAYS: None.
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-116
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $645,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $645,000 General Obligation Bonds for a general corporate purpose, in order
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 no petition was
filed calling for a referendum thereon. The following action is now considered to be in the
best interests of the City and residents thereof:
-11-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$645,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse
with the proceeds of the Bonds, all or a portion of the original expenditures incurred in
connection with the above purpose.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the same
on behalf of the City and this Council and otherwise to take all action necessary to permit
the sale of bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this 29th day of April ,
2008.
ATTEST:
--~~
City Clerk
-12-
M..~.r~ 04-29-08
~' 16
Whereupon, Council Member n'nonnell introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $590,000 GENERAL OBLIGATION BONDS",
and moved:
® that the Resolution be adopted.
^ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of , 2008, at this place.
Council Member chamgion seconded the motion. The roll was
called and the vote was,
AYES: O'Donnell Wilburn Wright Bailey. Chamvion,
Correia, Hayek
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-117
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $590,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $590,000 General Obligation Bonds for a general corporate purpose, in order
to provide funds to pay costs of the purchase of equipment for city offices and the
acquisition of art for public buildings and areas, and no petition was filed calling for a
referendum thereon. The following action is now considered to be in the best interests of
the City and residents thereof:
-13-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$590,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse
with the proceeds of the Bonds, all or a portion of the original expenditures incurred in
connection with the above purpose.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the same
on behalf of the City and this Council and otherwise to take all action necessary to permit
the sale of bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this 29th day of April ,
2008.
ATTEST:
~~~
City lerk
-14-
4-29- 8
17
Whereupon, Council Member Chamyion introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $325,000 GENERAL OBLIGATION BONDS",
and moved:
® that the Resolution be adopted.
~ to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock .M. on the day of , 2008, at this place.
Council Member Havek seconded the motion. The roll was
called and the vote was,
AYES: Wilburn Wright. Bailev. Champion. Correia.
Havek, O'Donnell
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 08-118
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $325,000 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $325,000 General Obligation Bonds for a general corporate purpose, in order
to provide funds to pay costs of improvements to the Mercer baseball field and General
Rehabilitation and Improvement Program housing improvements, and no petition was filed
calling for a referendum thereon. The following action is now considered to be in the best
interests of the City and residents thereof:
-15-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$325,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse
with the proceeds of the Bonds, all or a portion of the original expenditures incurred in
connection with the above purpose.
Section 3. The Clerk is authorized and directed to proceed on behalf of the City
with the sale of bonds, to select a date for the sale thereof, to cause to be prepared such
notice and sale information as may appear appropriate, to publish and distribute the same
on behalf of the City and this Council and otherwise to take all action necessary to permit
the sale of bonds on a basis favorable to the City and acceptable to the Council.
2008.
PASSED AND APPROVED this 29th day of~pril ,
ATTEST:
City Clerk
-16-
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 1St
day of May , 2008.
City Clerk, Iowa City, Iowa
SEAL
576631.11WP 10714.091
-17-
~-~ ~~ 4-29- 8
C1 ~ O
Prepared by Norm Cate, Housing and Inspection Services, Senior Housing Inspector, City of Iowa City, 356-5137
RESOLUTION NO. 08-119
RESOLUTION ESTABLISHING A SCHEDULE FOR MAINTENANCE INSPECTIONS
OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT AND
RESCINDING RESOLUTION NUMBER 95-360.
WHEREAS, the City of lawa City Housing Code provides for inspection and licensing of all multiple
dwellings, fraternity/sorority houses, rooming houses, duplexes, and single-family rental dwellings;
WHEREAS, Resolution No. 95-360 is the current maintenance inspection schedule; and
WHEREAS, the maintenance schedule for single-family rental units and duplexes should be changed to
every two years to address life/safety and nuisance issues more effectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Inspections of rental units shall be conducted upon request, on a complaint basis, and/or
through a program of regular inspection of every two years for all rental housing (single
family dwellings, duplexes, multiple dwellings, fraternity/sorority houses, rooming
houses, condominiums, and cooperatives in which one or more rental units are located).
2. Resolution No. 95-360 is rescinded.
3. This resolution is effective July 1, 2008.
Passed and approved this 29th day of April. , 2008
~-
Approved by'
ATTEST: ~~ - -
CITY CLERK City Attorney's Office
ncate$`citynt'(u:)resolutionforfeeincrease
Resolution No. 08-119
Page 2
It was moved by Correia and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
x
~_
X
~-
x
x
X
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright-
wpdata/glossarylresolution-ic.doc
~~
^April 10, 2008
Dear Councillors,
I am writing as a resident of the Northside, an area that has many rental, properties, to ask
that you endorse the change in the rental inspection cycle proposed by the Housing
Inspection department. The proposal to move all single family and duplex dwellings from
a three-year to a two-year rental inspection cycle would address potential safety and
nuisance issues that may reach a dangerous point on a three-year cycle. Moreover, since
multi-family dwellings already are inspected on a two-year cycle, this proposed change
would put all rental properties in Iowa City on the same schedule. Last of all, this change
was included in the initiatives presented to the City Council by the Neighborhood
Housing Relations Task Force in 2002 and so responds to concerns about safety and
nuisances that go back to that point, if not earlier.
Thanks for considering this change, which offers the chance of improving the safety and
quality of life of renters and their neighbors.
Sincerely,
Claire Sponsler
413 N. Gilbert St.
~~
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~~,~,-,~.®~~ CITY QF IOWA CITY' 21
MEM~RANDUIVI
Date: April 23, 2008
To: City Council
From: Joe Fowler, Director of Parking and Transit ~~
Chris O'Brien, Parking Manages-'dam
Re: Consolidation of Parking Operations
The City of Iowa City departments of Parking & Transit and Finance have determined that the
public can best be served by consolidating all functions of the Parking Division into one location.
Under the current arrangement the Parking Division is responsible for enforcement of parking
violations, the operation and maintenance of all off-street facilities, the sale of all parking permits
and reserved metered stalls, the manual computer entry of all Police Department parking
tickets, the maintenance of parking meter equipment, and the adjudication of all parking ticket
appeals. The Revenue Division is responsible for the collection of parking fines, parking ticket
billing, distribution of parking ticket appeal forms, and the entry of parking ticket dispositions
after they have been reviewed. Both divisions provide customer service to walk in and call in
customers.
Under this proposal all functions except for walk in parking ticket payment would be moved to
the Parking Division. Ticket payments would be accepted at both locations. This consolidation
of parking functions would provide one stop service to customers. This would eliminate the
need to send customers from City Hall to the Parking Division located in the 300 block of Iowa
Avenue when they had an issue that could not be addressed by Revenue staff.
In order to make this transition possible the Parking Division would have to add a customer
service representative. Revenue would eliminate an account clerk position. The budget impact
of this change in positions would be $4,264 per year.
Cc: Dale Helling
Sylvia Mejia
~.~ ~ ~y /3
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO.
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE REVENUE DIVISION OF
THE FINANCE DEPARTMENT AND THE PARKING DIVISION OF THE PARKING AND
TRANSIT DEPARTMENT BY DELETING ONE ACCOUNT CLERK -REVENUE POSITION
AND CREATING ONE CUSTOMER SERVICE REPRESENTATIVE -PARKING POSITION.
WHEREAS, currently the Revenue Division and the Parking Division share responsibilities for parking
related clerical operations; and
WHEREAS, consolidation of these duties within the Parking Division will provide more convenient and
efficient service to the public; and
WHEREAS, an account clerk position in Revenue will be vacant on May 1 due to the retirement of an
employee; and
WHEREAS ,this provides an opportunity to restructure a position to meet the needs of the consolidation.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT:
1. The budgeted positions in the Revenue Division of the Finance Department be amended by the
deletion of one Account Clerk -Revenue position, AFSCME grade 4.
2. The budgeted positions in the Parking Division of the Parking and Transit Department be amended
by the addition of one Customer Service Representative -Parking position, AFSCME grade 7.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
It was moved by
and upon roll call there were:
AYES:
and seconded by
NAYS:
City Attorney's Office
ABSENT:
the Resolution be adopted,
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
20
Approved by
~ ~- e? ~ ~_ o ~"
human rel\res\parking-revenue. doc
22
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION N0.08-120
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY, L.L.C., AND
TENANT 808 RESTAURANT & NIGHT CLUB, INC. DIB/A 808 RESTAURANT 8~ NIGHT
CLUB, 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, Iowa Avenue Property L.L.C., as landlord, and 808 Restaurant 8~ Night Club, Inc.,
d/b/a 808 Restaurant 8 Night Club, as tenant, applied for a temporary use of the public right-of-
way at 121 Iowa Avenue, 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; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
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 and
attest said license agreement, 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.
and approved this 29th day of April , 2008.
ERK
Approved by:
City Attorney's Office
Resolution No. 08-120
Page 2
It was moved by Wright and seconded by Hayek 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
wpdata/glossary/resolution-ic.doc
'.,~
ADVERTISEMENT FOR BIDS
SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 11:00 A.M. on the 22nd day
of April, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted
by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline
will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to
be held in the Emma J. Harvat Hall at 7:00 P.M. on the 29th day of April, 2008, or at a special meeting called for that
purpose.
The Project will involve the following:
Replacing the boiler, air cooled chiller, pumps, air handling units and upgrading the building's HVAC control system.
All work is to be done in strict compliance with the plans and specifications prepared by Lessner Group, Inc., of Iowa
City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office
of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope,
separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER
OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder
fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful
performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and
the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned
after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the
contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the
prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of
any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the
improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City.
The following limitations shall apply to this Project:
Specified End Date: November 14, 2008; with phase installation dates.
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may be secured at the Office of Iowa City Reprographics,
Iowa City, Iowa, by bona fide bidders.
A $10 non-refundable and $50.00 refundable fee is required for each set of plans and specifications provided to
bidders or other interested persons. The fee shall be in the form of a check, made payable to Gessner Group, Inc. .
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors
on City projects.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the
bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors,
together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-
4721.
By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the
State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect to bidders who are not Iowa residents.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregu-
larities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
pweng\adbids\sr ctr boiler.doc
R-1
~~~/~
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER
REPLACEMENT PROJECT.
04-29-08
23
WHEREAS, of has submitted the lowest
responsible bid of $ for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The (job title) is authorized to execute change orders as they may
become necessary in the construction of the above-named project.
Passed and approved this day of , 20
MAYOR
Approved by
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
AYES:
and seconded by
City Attorney's Office
the Resolution be
NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
W:\wpdata\P W EN G\SeniorCtr-Awardcontract4-08.doc
M~ ay
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-121
RESOLUTION APPROVING THE ADMINISTRATIVE POLICY AND PROCEDURAL MANUAL
FOR THE GENERAL REHABILITATION AND IMPROVEMENT PROGRAM (GRIP).
WHEREAS, the General Rehabilitation and Improvement Program (GRIP) is a City program
funded by general obligation bonds that assists homeowners with home rehabilitation projects and
historic preservation; and
WHEREAS, eligibility requirements and program policies are set forth in the Administrative Policy
and Procedural Manual for the General Rehabilitation and Improvement Program (GRIP) and
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Administrative Policy and Procedural Manual for the General Rehabilitation and Improvement
Program (GRIP), a copy of which is on file in the Planning and Community Development
Department, is approved..
Passed and approved this 29th day of April , 2008.
ATTEST: ,.~
CIT ERK
Hpprovea oy
~~~~
~ ~ ~ ~-U~
City Attorney's Office
Resolution No.
Page 2
08-121
It was moved by Correia
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
and seconded by Wright the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdatalglossary/resolution-ic.doc
r
~~~®~r~ CITY OF IOWA CITY: 24
~-~
MEM RANDL[M
0
Date: April 21, 2008
To: City Council
From: David Powers, Housing Rehabilitation Specialist
Re: Proposed changes to the Targeted Area Rehabilitation Program
The Community Development Division has run the Targeted Area Rehabilitation Program
(TARP) since it was implemented in October of 2001. The program is directed towards
homeowners with household incomes below 110% of median. These homeowners often find it
difficult to afford market rate home improvement financing in addition to their mortgages due to
the shorter loan terms and higher interest rates attached to most home equity loans. TARP
projects are funded with general obligation bond funds, range from $10,000 to $40,000 and are
low interest loans with a 20 year term. Homeowners can utilize TARP for making repairs and
improvements to their existing home. The attached map shows the five targeted areas where
TARP is currently available. TARP was created after the Community Development Division
conducted a "windshield study" of basic exterior housing conditions in several limited areas of
Iowa City in the Spring of 2000, the results of which were summarized in the Exterior Housing
Survey Report. The program was designed to address the needs identified by the visual survey
by providing qualifying homeowners with the financial means and technical expertise required to
make major repairs and improvements to their homes.
Due to the spread of information about TARP, which is available on the City's website and from
word of mouth by participating homeowners, awareness of the program has extended beyond
the borders of the originally designated neighborhoods. As a result of this, staff has been forced
to turn away an ever increasing number of inquiries about the program by homeowners outside
of the targeted neighborhoods. In part as a result of this demand, staff determined it was time to
consider changing the boundaries of the program. Unfortunately, the original survey excluded
much of the city when it was done due to limitations on staff time and funding. It was determined
that a new survey of the entire city should be done to establish if there was sufficient need to
justify expanding the TARP program.
Housing Rehabilitation staff worked with several interns to survey all of the single family homes
in the city and to evaluate this information. In total, 13,161 homes were surveyed and the data
then compiled and broken down by census tract and block group. The resulting information was
reviewed by Community Development staff to determine if patterns of need could be identified
to add new neighborhoods to the TARP Program. What emerged from the review of the data
were two remarkably consistent themes. The first is that, overall, the condition of single family
housing in Iowa City is in very good shape. The second is that there is a fairly constant
percentage of homes in nearly every block group that has at least one major exterior housing
component that is due or is rapidly coming due for replacement.
The properties surveyed were rated based on a visual assessment of the exterior of the home
as seen from the public sidewalk. Staff looked for problems or deficiencies in the major exterior
components such as the roof, siding, windows,'concrete flatwork, foundations, and water
drainage. This criteria looked for issues that would require the replacement or major repair of a
component within the next five years or else risk damage to other parts of the home and
therefore reduce its value. Each home was given a rating: homes that had no major problems or
deficiencies were rated as green. One problem or deficiency had homes rated as blue, two
problems were red, and three or more caused a home to be rated as black.
April 21, 2008
Page 2
Commercial properties and University of Iowa properties as well as multi-family apartments
were not included in the survey which is why there are several block groups with zero housing
units on the summary spreadsheet. While all 31 block groups in the city were surveyed, only 27
have owner occupied single family homes that could potentially utilize this program. All but three
of the block groups with surveyed housing had some homes rated as red or black and in need
of repair. Homes rated red and black combined made up 10% or more of the homes in 17 of the
27 neighborhoods with qualifying housing.
The majority of problems observed during the survey stemmed from deferred maintenance and
building components that are reaching the end of their expected lifespan. It is very common for
homeowners to try to combine needed repairs with desired improvements when arranging for
work to be done. Most of the past participants in TARP have come to us with to do lists
combining repair/replacement of building components as well as improvements such as
updating kitchens and baths.
Conclusion
The broad based potential need identified in the survey combined with the difficulty many
qualifying homeowners have with getting affordable conventional home equity financing led us
to the conclusion that the expansion of our existing TARP Program should be city wide rather
than continuing to target limited areas. The name of the program would be changed to the
General Rehab 8 Improvement Program (GRIP) when it is opened up city wide, but the
qualification criteria and types of projects done would remain the same. At its April 17th
meeting, the Housing and Community Development Commission voted to recommend the
changes to the TARP program.
Please bring any comments or questions to your April 28th work session. Please be prepared to
indicate if there is a majority in favor of proceeding with establishment of the GRIP program as I
have suggested.
Cc: Helling
Davidson
Long
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1V~ E 1VI CJ RA N D ~ M
Date: April 23, 2008 '
To: City Council `~
From: Administrative Assistant to the City Manager
Re: 2008-2009 Deer Management Recommendation
The City's Long-Term Deer Management Plan provides that the Deer Task Force will submit an
annual plan to the City Council and that Council will adopt an annual plan. With the disbanding
of the Deer Task Force in June 2007, the City Manager's office assumed sole responsibility for
deer management. Given that the Annual Plan was more task force oriented, the decision was
made to incorporate the Annual Plan with the goals of the Long-Term Plan. Moving forward,
Council will be asked to approve one plan now referred to as the "Deer Management Plan."
In addition to the plan, there has always been a yearly report that summarizes the deer
management activities for the prior year as well as a history of the city's activities. The 2007-
2008 Annual Report has been finalized and is available online at www.icgov.orq.
As you know, the sharpshooting program has been successful in reducing the deer population
in Iowa City. In January 2008, a total of 89 deer were removed within the Iowa City limits. After
consulting with Dr. Tony DeNicola of White Buffalo, Inc., and subsequent review of the 2008
Summary Report, the deer/vehicle strike report, and the 2008 helicopter count provided by the
IDNR, it is recommended we continue our maintenance efforts, by means of sharpshooting,
during the winter of 2008-2009, with a concentrated effort in the Walnut Ridge/Camp Cardinal
area.
In anticipation of Council approval, and authorization from the IDNR, enclosed with this
memorandum is a letter from the Interim City Manager to Mr. Larry Wilson at the University of
Iowa, advising him of our deer management plans this winter.
It is with this memorandum that we ask City Council to review and approve the Deer
Management Plan for 2008-2009.
Enclosure:
The Deer Management Plan
2008 Deer Management Summary Report -submitted by White Buffalo, Inc.
Deer/Vehicle Strike Report -provided by the Iowa City Police Department
Helicopter Count -provided by the Iowa Department of Natural Resources
Letter to Mr. Larry Wilson -University of Iowa
~111~~~~
..~,,~._
CITY OF IOWA CITY
www.icgov.org
OFFICE OF THE
CITY MANAGER
Dale E. Helling
Interim City Manager
dale-belling uIowa-city.org
410 E. Washington Street
Iowa City, IA 52240
April 23, 2008
Mr. Larry Wilson
Campus and Facilities Planning
200 University Services Building
Iowa City, IA 52242
Dear Larry,
The City Manager's office recently completed its review of the deer
population numbers and discussion of deer management options. It is our
conclusion that areas of Iowa City are still experiencing conflicts of deer
overpopulation and removal will be necessary during the winter of 2008-
2009. Our recommendation to City Council will be on Council's April 29,
2008 regular meeting agenda to allow deer removal by means of
sharpshooting.
If Council approves, and the Iowa Department of Natural Resources
authorizes deer removal this winter, we plan to include University property
in our deer management efforts. Our request to the IDNR, due at the end of
May, will recommend that deer removal in Iowa City be allowed to coincide
with the University's winter semester break as it was last year.
Enclosed you will find statistics from the 2007 deer/vehicle strikes, 2008
helicopter count conducted by the IDNR, and the 2007-2008 Summary Report
submitted by White Buffalo, Inc.
As always, thank you for your support of our deer management program.
Sincerely,
Dale E. Helling
Interim City Manager
Enclosure
cc: City Council
Sue Dulek
~~
Phone: (319) 356-5010
Fax: (319) 356-5009
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030
RESOLUTION NO. 08-122
RESOLUTION APPROVING A REVISED DEER MANAGEMENT PLAN.
WHEREAS, Resolution No. 7-153 approved along-Term Deer Management Plan, which
included duties for the Deer Task Force;
WHEREAS, Resolution No. 07-175 dissolved the Iowa City Deer Task Force;
WHEREAS, because the Deer Task Force no longer exists, the Long-Term Deer Management
Plan should be revised to delete duties of the Task Force; and
WHEREAS, it is in the public interest to adopt a revised Deer Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
The attached revised Deer Management Plan is adopted.
The City Manager is authorized and directed to take all actions necessary to implement the
Deer Management Plan.
Passed and approved this 29th day of April , 2008.
ATTEST:
CIT LERK
Appro d by
~- ~a ~ .G k
City Attorney's Office
Resolution No. 08-122
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
-~
NAYS:
Wilburn the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resoi ution~c.doc
DEER MANAGEMENT PLAN (Rev. 4/08)
1. The City of Iowa City will continue to assemble resources that provide residents with
information on deer habits and offer guidelines for limiting localized deer damage through
the use of repellents, screening, alternative plantings, and other techniques. Educational
materials will be available at City Hall, the Public Library, and on the City website
(www.icgov.org).
The City of Iowa City will evaluate the need for and, where appropriate, install or petition
the State or County to install on roadways under their jurisdiction warning signs that may
reduce the likelihood of vehicle-deer accidents. In addition, thoughtful consideration will
be given to deer migratory paths as transportation improvement projects are approved by
the City Council. Such consideration may involve consultation with a qualified
professional to evaluate feasibility of passageways under roads and investigation of the
availability of federal funds for such passageways.
3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent
significant injury or damage to persons or property, the City Council has set the maximum
deer population density to be twenty-five (25) per square mile per City-designated
management zone. Actual numbers are to be collected via helicopter count.
4. The City will actively work with the Iowa Department of Natural Resources (IDNR) to fully
understand and support their efforts to control the deer population for which the IDNR is
responsible and which affects the health, safety, and welfare of Iowa City residents.
5. The City will apply in a timely fashion for authorization from the IDNR to implement a plan
to kill no more than the number of antlerless deer as recommended by the IDNR within
the Iowa City corporate limits, by sharpshooting, during the winter of 2008-2009.
6. In order to implement the Deer Management Plan, the City of Iowa City formally requests
that the Natural Resource Commission approve a rule establishing a special deer
population management area for Iowa City with the following conditions, limitations, and
procedures:
a) The special deer management area is defined as all public and private land in
Iowa City as designated by the City Council of Iowa City.
b) In consultation with the IDNR, the City will determine the number of deer to be
killed that is necessary to reach our desired goal. Killing may occur between
September 1 and February 28.
1. The City is allowed to utilize sharpshooting with centerfire rifles for the
lethal removal of deer. Bait may be used to attract deer to the sites. The
City shall determine locations, training, and all other conditions for the
sharpshooting activities. The City shall also comply with all applicable
state laws.
2. All deer killed by sharpshooting are to be processed for human
consumption and distributed free of charge. Processing lockers
participating in the plan will be allowed to keep and utilize the deer hide.
3. No licenses will be required for the City and no fees will be charged.
c) The City will initially utilize sharpshooting over bait to reduce the number of deer
in each management zone to the population limit. By the end of the initial
reduction plan, it is projected that the deer population will be at a level that
requires maintenance rather than aggressive reduction. The City will strongly
encourage use of non-lethal methods to maintain deer numbers but recognizes
that killing of deer may be necessary to maintain the population goal.
7. To enhance understanding of deer reproductive rates, in cooperation with the IDNR, the
sharpshooting agency, and meat processors, the City will allow reproductive necropsies
to be performed on deer killed.
8. The City will fully comply with all state laws governing the killing of deer, exercise great
caution and observe all possible safety measures, assure use of the most humane
methods available, and arrange for the free distribution of donated processed deer meat.
9. To aid in the implementation of the Deer Management Plan, each spring the City
Manager's office will review data for deer management, including but not limited to
educational material, deer population numbers (current and projected), vehicle-deer
accidents, citizen comments, and an annual helicopter deer count. Any or all legal lethal
methods available (including sharpshooting and bow and arrow hunting) may be utilized
after the initial reduction plan if the method(s) meet the following criteria: 1) public safety,
2) community acceptance, 3) effectiveness in maintaining the desired number of deer.
10. The Deer Management Plan, as approved by the Council, will be forwarded to the
Department of Natural Resources and, if necessary, the Natural Resource Commission
for authorization to implement.
SUMMARY REPORT
2008 Deer Management Program
Iowa City, Iowa
by
White Buffalo, Inc.
Site Description
Iowa City contains a matrix of suburban/commercial development, agricultural fields, parks and
open grasslands. As a result of no legal hunting opportunities and fertile soils, the deer population had
increased to a level incompatible with some land uses and human activities. Although deer physical
condition is not an issue, there is concern regarding numerous deer/vehicle collisions and damage to
garden and landscape plantings. As part of the 2008 comprehensive deer management program under the
authorization of the Iowa Department of Natural Resources this is the eighth year, taking the 2002-2003
winter off, in which a population reduction program was implemented.
Deer Management Program Overview
Prebaiting was conducted from 21 December 2007 - 7 Janaury 2008. Deer removal activities
began on 8 January 2008 on University properly and continued through 17 January. We implemented
sharpshooting efforts from 11 - 19 January 2008 in the rest of the City. Twelve days of fieldwork were
required to achieve the harvest of 89 deer.
Field Methods
We followed the operations protocol outlined in the contract. Twenty bait sites were selected
throughout the area of operation. Bait sites were shut down during the program as productivity declined
or inital Prebaiting activity demonstraded little deer activity.
Deer were shot on a first opportunity basis. This means that deer were shot only when, 1) a safe
opportunity presented itself, and 2) maximal harvest efficiency would be achieved. Carcasses were then
tagged and delivered to Ruzicka's Meats for processing and data collection.
Harvest Demosraghics
The entire data set generated from harvested deer is represented in the spreadsheet entitled "City of Iowa
City -Deer Harvest by Date: 8 January 2008 - 19 January 2008" (Appendix A). We harvested 55
females (62%) and 34 males (38%). The overall harvest demographics are summarized in Table 1.
Thirty-six (41%) fawns and 53 (59%) adults were harvested.
Table 1. Age class and sex distribution of deer harvested in [owa City, Iowa from 7-19 January 2006.
AGE # MALE % # FEMALE % # COMBINED
Fawn 23 (26) 13 (15) 36
Adult 11 12) 42 (47) 53
Harvest by Deer Management Zone
To allow for a more comprehensive population management program, we summarized all the
harvest data by management zone (Table 2) relative to deer concentration identified by the City's 2007
aerial snow count. As in recent years, the most productive sites were within Zones D and H/l, where 33
and 44 deer were culled respectively (87% of the total harvest).
Overall herd health was based on body measurements and fetal counts. Dr. Harlo Hadow of Coe
College, Cedar Rapids, Iowa collected these data. Deer sampled were determined to be in good health.
Deer health data pending Coe College analysis.
Table 2. Seven year comparison of harvest data by deer management zone.
ZONE 1999-2000 2000-01 2001-02 2003-04 2004-05 2005-06 2006-07 2007-08
A 15 2 27 - - - - -
B 186 74 48 31 13 19 8 3
C 57 123 51 49 44 17 13 7
D 102 122 93 117 48 66 29 33
F - 19 10 3 8 7 20 2
H & I - - 21 - 41 41 129 44
Total 360 340 250 200 154 150 199 89
Discussion
Harvest demographics this year are similar to last year with the exception of a slight increase in
adult males. It appeared that more males had shed their antlers earlier this year. Most of the male
harvest was comprised of male fawns, which accounted for 64% of the fawns removed. As stated in
previous years, we would likely remove <1% yearling/adult males if the entire permit were valid starting
1 December.
If snow counts are conducted they should be interpreted with caution as there are numerous
bucks in all zones. Therefore, the population growth potential relative to observed density will be greatly
diminished. This should result in a lower doe harvest projection for 2009. At least 61 adult males had to
be "avoided" as they still had antlers (Zone B - 5, Zone C - 17, Zone D - 21, Zone F - 9, and Zone H & I -
9). As we had done last year, males were identified using digital IR cameras placed at stand locations
and through observations while shooting from a vehicle at night. We could have conservatively removed
40 of the 61 observed males. This would have brought the total number of deer harvested to 130.
Therefore, ~40% of the harvest would have been adult males, nearly twice the historical average. This
hypothetical removal also would have resulted in a significant decline the percentage of females (fawn
and adult) in the population (~40% of the population). Again, next year's harvest projections should
reflect this change in demographics.
A final suggestion is that Zones A and I be redefined by municipal boundaries. There is little
value in counting deer outside of City limits (i.e., Zone A -east of Dubuque to Route 1; Zone [ -north of
the Iowa City limits in Coralville). If data for both municipalities are collected simultaneously it is easy
to mark observations on an aerial photograph and divide observations accordingly. We are confident that
densities are well within .Iowa City's interests in Zone I and that a preponderance of the deer counted in
that Zone I will occur in Coralville.
Future Program Suggestions
The State permit will need to be made valid again early to maintain the reduced densities on the
University property (i.e., during the Christmas break). Also, if the State sees value in protecting males I
recommend that the general City-wide permit be made active by 1 December so males can be avoided
(nearly all yearling and adult males will have visible antlers).
Acknowledgments
We would like to thank Kathi Johansen, City Manager's Office, the Iowa City/Coralville Deer
Commission, Glenn Pauley, Iowa City Fire Department, Jeff Ruzicka, Ruzicka Meats, and his crew, Dr.
Harlo Hadow and his students, and all the participating landowners for their cooperation and support. We
also are grateful that the IDNR granted us permission to start removal efforts during the Student semester
break on University property.
Appendix A.
City of Iowa City -Deer Harvest by Date: 8 January 2008 - 19 January 2008.
DATE TAG # SITE SEX AGE
1/9/08 C212322 Univ of Iowa M A
1/9/08 C212323 Univ of Iowa F A
1/9/08 C212324 Univ of Iowa M F
1/9/08 C212325 Univ of Iowa M A
1/9/08 C212326 Univ of Iowa F A
1/9/08 C212327 Univ of Iowa F A
1/9/08 C212328 Univ of Iowa F F
1/9/08 C212329 Univ of Iowa F F
1/9/08 C212330 Univ of Iowa F F
1/9/08 C212331 Univ of Iowa M A
1/9/08 C212332 Univ of Iowa F F
1/9/08 C212333 Univ of Iowa F F
1/9/08 C212334 Univ of Iowa F A
1/9/08 C212335 Univ of Iowa M A
1/11/08 C212336 MacDonald M F
1/11/08 C212337 MacDonald M F
1/11/08 C212338 MacDonald F A
1/11/08 C212339 South Gate F A
1 / 11 /08 C212340 South Gate M F
1 / 11 /08 C21234 I South Gate F A
1/ I l /08 C212342 South Gate M F
1/11/08 C212343 South Gate F A
1 / 11 /08 C212344 South Gate F A
1/11/08 C212345 South Gate M F
1/11/08 C212346 South Gate F A
1 / 11 /08 C212347 South Gate M F
1 /1 ] /08 C212348 South Gate F F
1 / 11 /08 C212349 South Gate M A
1/11/08 C212350 South Gate M A
1/11/08 C212351 Univ of Iowa F F
1/12/08 C212352 ACT F A
1/12/08 C212353 ACT F A
1/12/08 C212354 ACT F A
1/12/08 C212355 Tsevus F A
1/12/08 C212356 Tsevus F A
1112/08 C212357 Tsevus F A
1/12/08 C212358 ACT F A
1/12/08 C212359 ACT F A
1 / 12/08 C212360 ACT F F
]/12/08 C212361 ACT M A
1/12/08 C212362 DP F A
1/12/08 C212363 DP F F
1/12/08 C212364 DP M F
1/12/08 C212365 DP M F
1/12/08 C212366 DP F F
1/13/08 C212367 South Gate F A
1 / 13/08 C2 t 2368 South Gate M F
1 / 13/08 C212451 South Gate F A
1/13/08 C212369 Oldis M A
1/13/08 C212370 Oldis M F
(/13/08 C212371 Oldis F F
1/13/08 C212372 Oldis F A
1/15/08 C212373 Finkbine F A
1/15/08 C212374 Finkbine F A
1/15/08 C212375 Finkbine F A
1/15/08 C212376 Finkbine F A
1/15/08 C212377 Finkbine M F
1/15/08 C212378 Finkbine M F
1/15/08 C212379 Finkbine M F
1/15/08 C212380 Braverman F A
1/15/08 C212381 Braverman F A
1/15/08 C212382 DP F A
1 / 15/08 C212383 DP F A
1/15/08 C212384 DP M F
1/15/08 C212385 DP M F
1/15/08 C212386 ACT M F
1/15/08 C212387 ACT M F
1/15/08 C212388 ACT F A
1/15/08 C212389 ACT F A
1/15/08 C212390 ACT F A
1/15/08 C212391 ACT F A
1 / 16/08 C212392 ACT F F
1/16/08 C212393 ACT M A
1/16/08 C212394 ACT M F
1/16/08 C212395 Larson F A
1 / 16/08 C212396 Press Citizen F A
1/16/08 C212397 Press Citizen F F
1/16/08 C212398 Press Citizen M F
1/16/08 C212399 ACT F A
1/16/08 C212400 Univ of Iowa F A
1/16/08 C212401 South Gate F A
1/16/08 C212402 Univ of Iowa M F
1/16/08 C212403 South Gate F A
1/18/08 C212404 South Gate F A
1/18/08 C212405 .South Gate F A
1/18/08 C212406 South Gate M A
1/19/08 C212407 Oldis M A
1/19/08 C212408 Oldis M F
1/19/08 C212409 Oldis M F
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Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-123
RESOLUTION ADOPTING A POLICY REGARDING LEASE OF CITY
PROPERTY FOR PLACEMENT OF TELECOMMUNICATIONS EQUIPMENT.
U4-Z5-U8 ^
26
WHEREAS, the City has been approached by telecommunications providers desiring to lease city
property for the placement of telecommunications equipment, including cell phone towers, and the
City expects it will receive further requests, in the future; and
WHEREAS, in making decisions about the lease of city property for telecommunications
equipment the City desires to treat all telecommunications providers in the same manner, to
obtain accurate information about the interests of the provider and equipment to be placed on city
property, and to provide for the consideration of all interests, and
WHEREAS, the City desires to establish a policy to guide City staff, boards and commissions and
the City Council in making decisions about whether, and on what terms, to lease city property for
the placement of telecommunications equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council of the City of Iowa City hereby adopts the attached City of Iowa City Policy
regarding the Lease of City Property for Placement of Telecommunications Equipment.
Passed and approved this 29th day of April _, 20 08
c
A
oved by
ATTEST: /` ~• --
CITY RK
~, /
City Attorney's Office y~ ~ ~ ~ ~~
EleanorVes~abstent. doc
Resolution No. os-123
Page 2
It was moved by Wright and seconded by Hayek 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
CITY OF IOWA CITY
POLICY
LEASE OF CITY PROPERTY FOR PLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT
The following policy applies to leases between a telecommunications provider and the City for
placement of telecommunications equipment on City-owned property. The policy does not apply
to placement of equipment or facilities in the public right-of--way.
I. Process - The process to enter into a lease consists of the following five (5) steps:
A. Application.
1. The business must complete an application form available at the City Clerk's
office and the City Manager's office.
2. The business must pay an application fee of $300.00. The fee is non-
refundable and must accompany the application form.
B. Recommendation of applicable advisory board/commission.
C. Staff approval.
D. Board of Adjustment approval if necessary (separate application and fee for
special exception required).
E. City Council approval of lease.
II. Criteria - In determining whether to approve a lease, staff and Council will consider the
following:
• Need for telecommunications facility demonstrated by applicant.
• Recommendation from applicable Board or Commission.
• Compliance with zoning regulations and other legal requirements.
• Location:
a) Is the site compatible with City operations?
b) Is the site compatible with neighboring property and land uses?
• Aesthetics (size/nature of equipment and buildings).
• The feasibility of screening or camouflaging the equipment.
• Public input.
• Such other information as necessary given the location and size/nature of the
equipment.
III. Lease Terms: Lease negotiations shall address the following and include the following
terms as applicable.
• Description of leased premises: The City in its sole discretion may require the
applicant to provide a survey.
• The initial term shall not exceed 5 years with two 5-year renewal options which may
be exercised by the Tenant, unless the Tenant is in default with other terms of the
agreement. Terms are variable based on the projected future use and life expectancy
of the facility or property in question. Any renewals must be subject to City
approval. Provisions for canceling the lease shall be included based on the potential
need to change the use of the facility or property or close the facility.
• Rent to be no less than fair market value. The City in its sole discretion may have the
proposed lease appraised to determine its fair market value, and the tenant shall
reimburse the City for the full cost of the appraisal. Cost is nonrefundable.
• Rent to increase annually by three percent (3 %) or the applicable consumer price
index, whichever is greater.
• Where technically feasible as determined by City, provisions for placement of City
equipment or City use at no cost to City. Lease should reserve to City any use that
does not interfere with Tenant's use.
• The City may require that the facility be constructed to provide the space and
structural capacity for the co-location of up to five (5) similar facilities to the one
placed by the Tenant in addition to the provision of space for City owned equipment.
• City must review and approve subleases. The Tenant may charge rent to the
subtenant in an amount no greater than two times the amount that the Tenant pays to
the City. For each sublease the City will receive an additional fee from the Tenant in
the amount of 25% of the rent due to Tenant from the subtenant. Without approval of
the City, Tenant may not reject co-location of a facility similar to that of the Tenant.
• Tenant to have liability insurance in an amount determined by the City's Risk
Manager with the City being named additional insured.
• Tenant to indemnify the City and hold the City harmless.
• Screening or camouflaging may be required at City's sole discretion and tenant's sole
cost.
• Taxes, insurance, utilities and maintenance shall be the responsibility of Tenant.
• Design of any structure must be approved by the City.
• Tenant is responsible for removal of facility and equipment at the end of the lease
term unless City chooses to maintain ownership of the facility. Tenant shall provide a
bond, letter of credit or other security approved by the City to guarantee payment of
the cost of removal of the facility and equipment.
M-I~ ~-~ }-~ ,
I
Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-124
RESOLUTION APPROVING PAYMENT OF CLAIM EXPENSES.
WHEREAS, Mike and Tammy Bauer ("Claimants") have made a claim against the City of Iowa
City ("City") with regard to a water main break which caused extensive damage to their property at
2018 Grantwood Street on February 18, 2008; and
WHEREAS, the City and the Claimants wish to resolve the claim without litigation; and
WHEREAS, it is appropriate to approve payment of expenses that are directly related to the water
main break and for which a claim reserve has been established in the amount of $92,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above named claim for expenses as discussed in executive session on April 25, 2008,
should be and is hereby approved for actual damages up to $92,000.00.
2. City Council for the City of Iowa City hereby approves the payment of said expenses as
being in the best interest of the City of Iowa City and the parties involved, authorizes said
expense payments as provided by law, and authorizes the City Attorney to obtain an
appropriate release upon completion of payment.
Passed and approved this 29th day of
ATTEST:
CIT LERK
20 08
c / t
Approved by
City Attorney's Office
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
~-
x
x
X
~_
x
x
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/finadmlreslbauerexp.doc