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HomeMy WebLinkAbout2008-11-18 Resolution~< ~- 3c 10 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. o8-32s 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: Kandy Land - 928 Maiden Lane Passed and approved this 18th day of Nove ber , 20 08 R Approved by ATTEST: __1~~ ~~ Gi~~~~~2~~'~~ CIT~~~-CLERK City Attorney's Office is ~>~s) It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright May sa ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-329 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA. WHEREAS, on October 9, 2006, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release 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 in Johnson County, Iowa from a Mortgage recorded October 11, 2006, Book 4091, Page 202 through Page 206, of the Johnson County Recorder's Office. Passed and approved this 18th day of November , 2008 ATTEST Tice It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia ~ Hayek x O'Donnell x Wilburn x Wright ~ T 3' ~~' 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): Domestic Violence Intervention Program, Inc. Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property in Johnson County, Iowa, and legally described as follows: Property in Johnson County, Iowa: Lot 7, Block 5 of Resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 93, Plat records of Johnson County, Iowa from an obligation of the owner, Domestic Violence Intervention Program, Inc., to the City of Iowa City represented by a Mortgage recorded October 11, 2006, Book 4091, Page 202 through Page 206, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:_ _ ~ /I CITY ~RK STATE OF IOWA ) C Ap oved by ~~~ ~ c 3 ~ ~ City Attorney's OfFce SS: JOHNSON COUNTY ) fi~ On this ~~ day of -/yp~tE~nf~f P , A.D. 20Q~, before me, the undersigned, a Notary Public in and for said County, in said State, personalty 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 th~aQt t~he instrument was signed and sealed on be~ialf of the corporation by authority of its City Council, as contained in Resolution No.'s' adopted by the City Council on the _~ day /Vo~,y3EiL 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. o ~q~s SONDRAE FORT 2 ~ Commission Number 159791 Sar~*~+o F J My Commission Expires e~'~ row 3 7 Notary Public in and for Johnson County, Iowa ~ sa z Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-330 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2426 ASTER AVENUE. IOWA CITY, IOWA. WHEREAS, on June 26, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan of CDBG funds to purchase six (6) lots including 2426 Aster Avenue; and WHEREAS, the owner sold 2426 Aster Avenue and the new owner has signed a recapture agreement for the CDBG funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Lien for recordation, whereby the City does release the property located at 2426 Aster Avenue, Iowa City, Iowa from a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857, of the Johnson County Recorder's Office. Passed and approved this 18th day of November , 20 08 ._ Ap roved by TTEST~ A CITY RK City Attorney's Office Resolution No. OS-330 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion ~_ Correia x Hayek g O'Donnell ~ Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legat Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City PARTIAL RELEASE OF LIEN The City of Iowa City does hereby release the property 2426 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 19, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby .released from any liens or clouds upon title to the above property by reason of said prior re orded document. ATTEST: CITY RK 'oved by City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this / g ~~ day of ~1ovF-~REQ , A.D. 20~_ 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.o~33D ,adopted by the City Council on the 1g +~~ day hlavfansER. 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. ,3~arm SONJRAE FORT nnn _ ~~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires . row 3 abo Publish 11/13, REVISED Public Notice Notice is hereby given that a public meeting will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 18`h of November, 2008, in Emma J. Harvat Hall, 410 E Washington St, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. The Iowa City Housing Authority's application for State HOME funds available from the Iowa Department of Economic Development to provide Down Payment Assistance to First Time Homebuyers; specifically, (a) The December 2007 Affordable Housing Market Analysis for The Iowa City Metro Area identified the need to increase Affordable Home Ownership opportunities for low and moderate income families, (b) the Downpayment Assistance program will be funded through State and Local HOME funds, (c) the application submission date of November 21, 2008, (d) the amount requested which is $200,000, (e) 100% of the funds will benefit low and moderate income first time homebuyers, (f) the activity will take place in Johnson County, Iowa, (g) no persons or businesses will be displaced. Copies of the Application are on file for public examination in the office of the Iowa City Housing Authority, City Hall, Iowa City, Iowa, as of November 10, 2008. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK ti~~ Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. os-~3~ RESOLUTION AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO SUBMIT A GRANT APPLICATION FOR STATE HOME FUNDS, IN THE AMOUNT OF $200,000, FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE DOWNPAYMENT ASSISTANCE FOR INCOME ELIGIBLE FIRST-TIME HOMEBUYERS AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT AND ANY AMENDMENT THERETO. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the December 2007 Affordable Housing Market Analysis for the Iowa City Metro Area identified the need to increase Affordable Home Ownership opportunities for low and moderate income families; and WHEREAS, the Iowa City Housing Authority is currently operating a Downpayment Assistance program for income eligible first-time homebuyers in the City of Iowa City that is funded with local HOME funds; and WHEREAS, State HOME funds are available for down payment assistance programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority will request from the Iowa Department of Economic Development, State HOME Funds in the amount of $200,000 to create a new Downpayment Assistance Program to assist income eligible first-time homebuyers in Johnson County, Iowa. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. 3. The City Manager is authorized to sign the grant agreement with the State for the HOME funds and any amendment thereto. Passed and approved this i sth day of Nov , 20Q$__. C ,~ ~~ /I ATTEST: CIT LERK Approved by U City Attorney's Office hisadm/res/stateDAP-radcis.doc Resolution No. 08-331 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion g Correia x Hayek g O'Donnell X Wilburn x Wright wpdata/glossary/resolution-ic.doc 9 Prepared by: Darian Nagle-Gamm, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO 08-332 RESOLUTION AUTHORIZING THE REMOVAL OF SPEED HUMPS ON FOURTH AVENUE AND A STREET BETWEEN COURT STREET AND THIRD AVENUE WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Fourth Avenue and A Street between Court Street and Third Avenue, have gone through the process of considering removal of a traffic calming project consistent with the traffic calming procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 66% majority (8 out of 12 returned surveys) of the neighborhood has indicated they are in favor of removal of the speed humps; and WHEREAS, the City Council finds the proposal to remove the speed humps is consistent its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the removal of speed humps on Fourth Avenue and A Street between Court Street and Third Avenue is hereby approved. 2. City staff is directed to proceed with the removal of speed humps on Fourth Avenue and A Street between Court Street and Third Avenue. 3. Reconsideration of traffic calming on these blocks will not occur for at least three years. Passed and approved this 18th day of ATTEST: CITY CLERK November , 20 08 .. M O Appr ved by /~,j///~ ,, ~'7~~ts~s..i City Attorney's Office ,+~ o~/~' Jccogtp/res/speedhumpremoval-O8.doc Resolution No. OS-332 Page 2 It was moved by O'Donnell and seconded by Hayek 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 x Wilburn Wright wpdata/glossary/resolution-ic.doc Johnson County Council of Governments 410 E V(/ashington St. Iowa City, Iowa 52240 r~~~i Date: November 7, 2008 To: City Council From: Darian Nagle-Gamm, JCCOG Traffic Engineering Planner Re: Item for November 18th, 2008 City Council meeting: Resolution authorizing the removal of speed humps on 4th Avenue and A Street between Court Street and 3rd Avenue In August of 2004, at the request of residents on the 400 block of 4th Avenue and the 2000 block of A Street, speed humps were installed in an effort to reduce speeds. A study showed that the 85th percentile speeds measured between 24 and 31 mph prior to the speed humps being installed. In September 2005, in accordance with the Traffic Calming Program, speeds were again recorded. The follow-up study indicated that 85th percentile speeds reduced to between 20 and 24 mph one year after installation, demonstrating that the speed humps had been effective. Traffic volumes before and after the installation of speed humps were similar. The neighborhood was provided this information and resurveyed in September of 2005. Eleven (73%) households were in favor of leaving the speed humps in place and four (27%) wished to have them removed, therefore the speed humps remained. Only one household did not participate in the re-survey. On August 29th, 2008, I received a petition from a group of residents on 4th Avenue and A Street requesting the speed humps on their streets be removed. The neighborhood was surveyed during September to determine the level of support for this action. Of the sixteen households surveyed, eight (66%) requested that the speed humps be removed while four (33%) indicated they would like the speed humps to remain. Four surveys were not returned. The percentage of households in favor of removing the speed humps meets the minimum required threshold of 60% as indicated in Iowa City's adopted Traffic Calming Program. Consistent with the Traffic Calming Program policy you are being asked to consider a resolution for the removal of these speed humps. If Council approves the removal of the speed humps, the actual removal will occur when milling equipment is available. We recommend that, if speed hump removal is approved, reconsideration of traffic calming on these blocks not be permitted for at least three years. Transportation planning staff will be available at your November 17th work session if you have any questions. cc: Michael Lombardo Bud Stockman ..,, John Sobaski _ ~~ Jeff Davidson ~ ~`~ John Yapp <~ Rick Fosse _ ~ ~ Ron Knoche ~T` `' --~: r-- Marcia Bollinger "_ r~~+ -n O; jccogadm/agd/dng-4`"_A.doc c ~y ~ ~ . tV a ~_~ Typical Traffic ~Imin pplic~ti®ns o , ~ o ira I~awa City: ~ ° ~ ~ Speed Humps m~ ~ rt ~• ~ Teg Drive ~ ~ ~ Morningside Drive ~ N ~ ~ ~, ~ Kennedy Parkway ~ cC• ~ n o T ffi Ci l ~ ~ ~ ~ ~ ~ ~• N ra c rc es ~ °' ~ o ~ ~ College Street & Summit Street crtD < ~ ~ Washington Street & Summit Street ~ ~ O ~ ~ ~ ~ Raised Median Islands ~ rt ~ College Street near Muscatine Avenue Chokers ~ Shannon Drive Raised Crosswalks ~ Newton Road For More Information Contact: Iowa City Planning Department Traffic Engineering Planning: 356-5254 Neighborhood Services: 356-5237 410 E. Washington Street Iowa City, IA 52240-1826 ~ r ~III~ CITY OF IOWA CITY e of Iowa City July 2008 What is Traffic Calming? Traffic calming is the practice of managing speeds and/or volumes of traffic on residential streets using one or more approaches: Increased police enforcement, driver education, or physical changes to the roadway. Each of these approaches has its appropriate application and can help reduce speeds and/or unwanted cut- through traffic on neighborhood streets. EI~FPEMENT Increased police enforcement is effective at targeting high speeds during specific times. However, the police department does not have sufficient resources to provide continuous enforcement over a sustained period of time. While motorists may slow down when an officer is present, they often return to previous speeds when targeted enforcement moves to other neighborhoods. EDR~D~ATION Education is the process of making motorists aware of their speeds in relation to the neighborhoods they are traveling in. The City uses several methods to notify motorists of their responsibility to obey traffic laws. One example is the "Share the Road" sign program used to remind motorists that bicyclists have a right to be on the road and that both parties need to share the road and operate their vehicles responsibly. Another program is the "Check Your Speed" sign program used to alert motorists to watch their speeds in targeted residential areas. PH~ICA.L CHii~ES To help control excessive speeds or unwanted cut- through traffic, physical modifications can be made to a roadway to slow cars down, or to deter unnecessary traffic. These changes can be as simple as adding on- street parking within a corridor, or as complex as constructing speed humps or chicanes in the roadway. Other alternatives are available and each application is custom-designed to meet the individual needs of a particular neighborhood. TYPICALTRAFFIC CALMING METHODS NON -PHYSICAL MEASURE ., ~ ~ PAVEMEPIT MARKING.~LANE HARROWING _~ = o_` ~ SPEED HUMP ~ ~~ I CH©KER TRAFFIC CIRCLE ~ow ~ ~ ~P~ ~~- RAISED CROSSWALK RAISEa MEL)4AN ISLANd ~.._ CROSSWALK REFUGE CHICANE The most important thing to remember is that neighborhood residents need to be involved in the process. The traffie calming program is driven by neighborhood request. The intended to impose unwanted devices in neighborhoods. program is not traffic calming Neighborhood Traffic Calming Process & Evaluation Criteria In 1996 the Iowa City City Council adopted a traffic calming program to help neighborhoods manage rising traffic speeds and volumes. ~ The street considered for traffic calming measures must be classified either a local street or collector street. ~ Traffic volumes on a local street should exceed 500 vehicles per day and on a collector street exceed 1,000 vehicles per day. Traffic volume on any street proposed for traffic calming should not exceed 3,000 vehicles per day. ~ The measured comfortable speed of drivers (85th percentile speed) should exceed 5 m.p.h. over the posted speed limit. ~ Staff will meet with the neighborhood to discuss which traffic calming measures are reasonable for evaluation. Staff will conduct a traffic study including an evaluation of potential traffic problems, roadway geometry, and the impact the proposed traffic calming measures may have on adjacent streets. ~ Staff will solicit comments on the proposed street modification from the Police, Fire, Public Works, and Transit Departments, as well as local ambulance service. ~ If the traffic study shows that traffic calming measures can be implemented safely, amail- back survey of all abutting properties will then be conducted. The proposal for traffic calming must be supported by 60% of those responding to the questionnaire in order to be considered for implementation. To initiate a traffic study of the roadway proposed ~ No minimum number of responses to the mail- for traffic calming, a formal request is required back survey is required, but a low response rate from the neighborhood association that includes will be taken into account by the City Council. the street proposed for traffic calming, OR a The City Council makes final decisions on the petition from residents along the street proposed implementation of all traffic calming projects. for traffic calming is needed. Michael A. Mauro ti Ptif 0~ i0~ ' Secretary of State N .....: pf S Ay y° State of Iowa r<RY Of 28E Agreement } Z FILED 0 Iowa Secretary of State M501968 0 1/15/2009 12:09:44 PM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type "County Party 1 City of Iowa City City Johnson Party 2 City of Coralville City Johnson Party 3 Party 4 Party 5 not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) 28E agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the provision of Animal Care Services. (08-333) Item 4. The duration of this agreement is: (check one) ^Agreement Expires mindefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ^ NO m YES Filing # of the agreement: M034392 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(a~iowa-city.org Phone 319-356-5043 M~ 10 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 08-333 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2007) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, although the City of Iowa City and the City of Coralville presently have a 28E Agreement for animal care services, they wish to terminate it and enter into a new agreement; WHEREAS, the City of Iowa City and the City of Coralville have negotiated the terms of a new 28E Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and .the City Clerk to attest two (2) originals of the Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the Provision of Animal Care Services, a copy of which is attached. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2007), as amended. 3. The City Clerk is further directed to file a notice of termination, if required, with the Secretary of Sate of the current 28E agreement. Passed and approved this 18th day of Approved by City Attorney's Office Resolution No. 08-333 Page 2 It was moved by O'Donnell adopted, and upon roll call there were: AYES: and seconded by Hayek the Resolution be NAYS: ABSENT: _~ Bailey x Champion x Correia x Hayek ~_ O'Donnell x Wilburn x Wright wpdatalglossary/resolution-ic.doc 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ("Iowa City") and the City of Coralville, Iowa, a municipal corporation, ("Coralville"). WHEREAS, Iowa City provides animal care and sheltering services and operates a facility for the provision of said services ("animal center"); WHEREAS, Iowa City is willing to provide animal care services to Coralville; and WHEREAS, Iowa Code Chapter 28E (2007) permits local governments to enter into agreements for the joint services and facilities. THEREFORE, Iowa City and Coralville agree as follows: 1. Term. This Agreement shall be effective July I, 2008, and upon execution, Iowa City will promptly file it with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2007), as amended. The duration of this Agreement shall be perpetual, unless terminated in the mariner provided below. 2. Fee for Sheltering Services. Iowa City will provide animal sheltering services to Coralville based on the following formula: total number of animals in animal center in FYOS to FY07 less total number of animals reclaimed in FY05 to FY07 equals total FY05 to FY07 animals total FY05 to FY07 animals divided by 3 equals average animals previous 3 FYs total number of Coralville animals in animal center in FY05 to FY07 less total number of Coralville animals reclaimed in FY05 to FY07 equals total Coralville FY05 to FY07 animals total Coralville FY05 to FY07 animals divided by 3 equals average number Coralville animals previous 3 FYs average number Coralville animals previous 3 FYs divided by average animals previous 3 FYs equals average percentage of Coralville animals in animal center previous 3 FYs total operational budget for animal center in FY07 multiplied by average percentage of C'ville animals in animal center previous 3 FYs equals Coralville FY07 sheltering service fee "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, and euthanasia as needed. Iowa City will provide no field services to Coralville, except as provided below in the paragraph entitled "Additional Services." "Coralville animal" means any animal that is brought to the animal center from within the corporate limits of Coralville. "Total operational budget" means the total cost to the animal center, which is identified as "Shelter Services and Administration" in the Iowa City budget. It does not include field services which are identified as "Animal Services Patrolling" in the Iowa City budget. The amount of the sheltering service fee will change automatically each fiscal year beginning July 1, 2009. Beginning January 31, 2009, and from year-to-year thereafter, Iowa City will provide Coralville with the amount of the sheltering service fee that will be effective the following July 1. Iowa City will invoice Coralville quarterly for the animal sheltering service fee, and Coralville will pay the fee within thirty (30) days of receipt of the invoice. There is no limit to or cap on the number of days that an animal will remain in the animal center. Coralville may inquire at any time into the status of any animal, including the basis for the duration of the stay. An example of the quarterly billing calculation is attached as Exhibit A and incorporated herein. 3. Acceptance of Animals A. In General. Iowa City will accept any animal from Coralville, except as noted below. B. Sick/Injured. Iowa City will not accept a severely sick or injured animal after regular business hours. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City will accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs. Coralville will be charged a specific fee for each animal accepted, and Iowa City shall inform Coralville of said fee prior to acceptance. Said animal will be included in the "total number of Coralville animals in animal center" in that 2 fiscal year. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Coralville of the offsite housing, and Coralville will promptly pay the actual costs of housing upon being provided written documentation, including but not limited to the veterinarian bill. Coralville shall have the option of providing for the housing the animal, but as provided below in Paragraph 3E, Coralville will claim no ownership interest in said animal. E. Ownership. Coralville will claim no ownership interest in any animal and will not retrieve or pick-up any animal from the animal center without Iowa City's authorization. 4. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner(s), if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs incurred. If the owner refuses, Coralville may quarantine the animal at the animal center. If Coralville chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, and said animal will be included in the "total number of Coralville animals in animal center" in that fiscal year regardless of where the animal is quarantined. Owned animals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility; said animal will be included in the "total number of Coralville animals in animal center" in that fiscal year regardless of where the animal is quarantined. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for adoption, rescue transfer, TNR, or euthanasia as allowed under state and local law. 5. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Foster Procedure, Euthanasia Procedure, and Emergency Medical Procedure. 6. Reclaim. If a Coralville animal is reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee", and Iowa City will not invoice Coralville for any fees or charges for an animal that is reclaimed. All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Coralville will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. In these cases Iowa City will bill Coralville for the animal as if it is astray. 7. Additional Services. A. At Coralville's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Coralville's option, it may request that Iowa City provide field services for cases of animal hoarding, commercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive orbiting animals. C. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services within Iowa City. D. Iowa City will bill Coralville on a quarterly basis for said services, and Coralville shall pay the amount within thirty (30) days of receipt of the invoice. The amount billed will be based on the time spent by a staff member to respond to the call beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the rate of pay for Iowa City personnel under the ASFME contract agreement and under administrative rates of pay for supervisors. In addition, Iowa City will bill Coralville for mileage costs at the standard mileage rate used by the IRS to calculate the deductible costs to operate a vehicle for business purposes, which is $.505 per mile in 2008. E. At the location of a pickup, a Coralville representative who can exercise jurisdiction within the corporate limits of Coralville must be present. 8. Task Force. Coralville acknowledges that Iowa City established in Resolution No. 06- 215 an "Animal Care Task Force" consisting of five (5) members and that and one (1) member is a resident of Coralville. The Task Force will automatically sunset on June 30, 2009 and will not be dissolved by the termination of the current 28E agreement between the parties. The duties of the Task Force include: • Recommend amendments to the 28E agreements between Iowa City and Coralville and Iowa City and Johnson County • Review Iowa City, Coralville, and Johnson County ordinances and recommend amendments to the respective bodies • Develop programs to reduce animal over-population and educate citizens on local animal issues and address other animal concerns and issues in the Iowa City, Coralville, and Johnson County areas • Provide an annual report of achievements and goals to both Councils and the Board 4 9. License. Iowa City will provide no licensing services to Coralville unless requested. If requested, the 28E agreement will be amended. 10. Animal Center. Coralville will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility of Iowa City. 11. Termination. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. 12. Administrator. The Operations Manager of the Iowa City Animal Services Division will administer this Agreement and the services provided under this Agreement.. 13. Notice. Notice by Iowa City to Coralville must be in writing and addressed to: City Clerk, City of Coralville, 1512 - 7~' Street, Coralville, IA 52241-1708. Notice by Coralville to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 14. ReAOrts. At Coralville 's request, Iowa City will provide at no charge a quarterly report listing the "Coralville animals" that were impounded for that period and their dispositions. If Coralville requests additional reports, Iowa City will provide them at its cost to prepare them. . 15. Indemnification/Hold Harmless. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any the person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 16. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 17. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 18. Current 28E Agreement. The parties' current 28E agreement entered on June 27, 2006 is terminated effective June 30, 2008. Iowa City will promptly invoice Coralville for the final bill under the previous agreement and Coralville shall pay said invoice within thirty (30) days of receipt. 19. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Coralville concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this 18th day of November , 2008. r < By: Ma Attest: 1 N Q.t~~~ ~C ~~ City L~Ierk City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /$~ day of 1Vp~fi„~a~r~ , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,Sa' SONDRAE FORT r _ ~ ~ Commission Number 159791 S~,qt rt~+C~ My C m fission Expires ow 3 a o Notary Public in and for the State of Iowa CITY OF CORALVILLE Dated this a S ~ day of Nave --. b c r , 2008 By: ayor Attest: ~/ City Clerk CITY OF CORALVILLE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 3~d day of ~~1QM~ , 2008, before me, the undersigned, a ~ ,,.s rem T. notary public in and for the State of Iowa, personally appeared Jim L. Fausett and ~ to me personally known, who being by me duly sworn, did say that they are the Mayor and City T°~"'s°`' Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ KEVIN D. OLSON Notar Public in and for the State of Iowa Comimssion Number 72732 Y • My Comnwssbn FY2009 BUDGET COMPUTING THE BUDGETED DAILY RATE OF THE FY2009 ANIMAL CARE & ADOPTION CENTER A. Compute the Three Year Average Percentage of Animals The animal service cost will be the next year's expenditure budget multiplied by the percentage of Coralville animals net of reclaims divided by total animal facility animals net of reclaims over the last 3 completed fiscal years as of January 31st. The current fiscal vear in process immediately precedin~t the proposed budget vear shall be excluded when making this computation, 11 /20/2008 ~;~~ ~~'~ In~~r 1 Average share for last three years, excluding year just ended. Facility Facility Total Coralville Coralville Coralville Total Total Facility Total Animals less Total Total Animals less Fiscal Year Animals Reclaims Reclaims Animals Reclaims Reclaims FY2005 2,199 532 1,667 226 73 153 FY2006 2,151 566 1,585 245 79 166 FY2007 2,002 510 1,492 273 62 211 Total 6,352 1,608 4,744 744 214 530 Average = Total Divided b 3 1 581 177 2 Divide the 3 year average of Coralville Animals to Total Facility Animals: B Calculate the Annual Fiscal Year Animal Service Cost I. Animal Facility Expenditures II. Apply three-year average percentage of Coralville Animals III. Coralville FY09 Animal Services IV. Quarterly Billing Amount $16,252.75 11.20% FY09 BUDGET $580,459 11.20% $65,011 Book1 11 Prepared by: Sarah E. Holecek, First Asst. Atty., 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 RESOLUTION NO 08-334 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER SOUTHGATE DEVELOPMENT COMPANY FOR THE REDEVELOPMENT OF PEPPERWOOD PLAZA WHEREAS, in August 2003, the City of Iowa City, Iowa ("City") and Southgate Development Company ("Developer") entered into an Agreement for the Private Redevelopment of Pepperwood Plaza that provided for the use of tax increment financing to support tax rebate grants to the Developer on the investment to complete certain minimum improvements as economic incentives for redevelopment of the property; and WHEREAS, the original Agreement requires submission of all exterior changes and/or new construction to the City Staff Design Review Committee for review and approval under codified design review criteria and specific criteria contained in the Agreement prior to issuing a building permit; and WHEREAS, this review and approval has proven difficult and the City Council has determined that the City Council Economic Development Committee is an appropriate body to review proposed exterior changes and/or new construction for compatibility with design criteria specific to this property; and WHEREAS, is necessary to formally amend the original Agreement to change the process and guidelines under which exterior changes and/or new construction will be reviewed and approved prior the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and Southgate Development Company, which is attached hereto and made a part hereof. The City Clerk shall record said First Amendment in the Johnson County recorder's office at the expense of Southgate Development Company. Passed and approved this 18th ATTEST: .-v n ~ ~~~ CIT LERK City Att nE Sarah\ecodev\Pepperwood Plaza TIF rebate agt first amend res.doc CORPORATE SEAL Resolution No. 08-334 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x .~- x x x O'Donnell ABSENT: x Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc Prep'd by: Sarah Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND SOUTHGATE DEVELOPMENT COMPANY WHEREAS, Resolution 03-276 approved an Agreement for Private Redevelopment (the "Agreement") by and Between the City of Iowa City and Southgate Development Company (the Developer) within the Highway 6 Commercial Urban Renewal Area which provided for tax rebates to the Developer on the investment to complete specific added minimum improvements to the property after certifying specified occupancy rates and payment of all property taxes associated with the property over a six (6) year period; and WHEREAS, under said Agreement, all exterior changes or new construction requiring a building permit must be submitted to the City Staff Design Review committee for review and approval under codified design review criteria and specific criteria contained in the Agreement; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee is an appropriate body to review proposed exterior changes and/or new construction for compatibility with design criteria specific to this property; and WHEREAS, the parties wish to amend the process and guidelines under which exterior changes and/or new construction on the subject property are reviewed and approved prior to the issuance of a building permit; and WHEREAS, the parties acknowledge and agree that all other terms of the original Agreement shall remain the same. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Southgate Development Company, recorded at Book 3627, Pages 537-574 Records of the Recorder of Johnson County, Iowa is hereby amended to as follows: Article III, Section 3.1, Minimum Improvements, is hereby amended to read in its entirety as follows: The Developer agrees to complete Minimum Improvements generally consisting of improvements to five tracts of commercially zoned properties and related streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the assessed value of the Development Property by at least 15% over the assessed value on January 1, 2003, as of January 1, 2005. The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Council Economic Development Committee. The City Council Economic Development Committee will review the project using the following criteria within twenty (20) working days of receipt of the design plans by the Director of Planning and Community Development: 1) Pedestrian walkways should, to the extent possible, be separated from vehicular traffic through the use of trees, landscaping, raised curbs, and decorative pavers. 2) All parking islands should be curbed and landscaped with vegetation. 3) To the degree possible, the presence of the building(s) should be strengthened so that it is more visible from Highway 6. 4) The use of color, materials, mass, signage, lighting and other architectural features should enhance the retail/commercial environment and result in a more vibrant and visually attractive development. 5) Awnings and signage should be integrated into the overall design concept. 6) All vertical (roof) extensions and sign panels should have a finished appearance from all sides. 7) Material used within five feet, measured vertically from grade, should be durable and resistant to damage. Exterior Insulation and Finish Systems (EFTS) is not recommended. Any proposed new construction on the Development property shall be subject to approval by the City Council Economic Development Committee before the issuance of any building permit. Any proposed signage on the property will be reviewed within seven (7) working days by Housing and Inspection staff for conformance with the Pepperwood Plaza Proposed Sign Criteria dated September 8, 2004. If said proposal meets the Sign Criteria, a sign permit will be issued. If, in the opinion of staff, the proposal does not meet the Sign Criteria, the proposal will be forwarded to the City Council Economic Development Committee for review and approval under the sign criteria. 2. The parties hereto acknowledge and agree that only the reviewing body and specific guidelines for review as outlined in this First Amendment to the Agreement for Private Development by and between the City of Iowa City, Iowa and Southgate Development Company have been modified by this Amendment, and all other terms and conditions outlined in the Agreement for Private Redevelopment shall continue in full force and effect. DATED this '~-day of l~~o ve ru- ~e r'~ , 2008. (SEAL) CORPORA CITY, IOWA SEAL ATTEST' By: • C~ C k Approved by: City Attorney's Office SOUTHGATE DEVELOPMENT COMPANY i CfL_ -'+ Developer/Owner (title) COUNTY OF JOHNSON SS -~h On this ~_ day of /Vovf~n$ER , 2008, before me a Notary Public in and for said County, personally appeared Regenia D. Bailey and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act an ~ rporation by it voluntarily executed. o s _ ~ Commission Number 159791 My Commission Expires SQ„~,,,,~ ~~ b ow ~ goo Notary Public in and for Johnson County, Iowa STATE OF ~ awc,~ ) SS COUNTY OF ~°h~ sa ~ ) On this ~1k~, day of J1~ c ~w.b-~- , 2008, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared _~~ ~ ~ ~ ~ car r ~ w ~~5 a~owner of Southgate Development Company, to me personally known, who, being by me duly sworn, did say that the execution of said instrument to be their voluntary act and deed and authorized by said Company, by them and said company voluntarily executed . ~~ tary Publi 'n and for o~ ~ County, a~, ~ ~3 ~~~ NOTARIAL SEAL EXHIBIT B MIlJIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of improvements to the existing five tracts of commercially zoned properties and related street and pedestrian improvements within the Development Property as defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site plan dated August 4, 2003, and attached hereto, are subject to applicable permits and approvals. These improvements shall include, but not be limited to, clear pedestrian access from the north/south and east/west entry points that allow a physical separation between pedestrian and auto traffic, a pedestrian access on the south of the Development Property providing access to Cross Park Avenue and a bus shelter and related improvements to facilitate a bus route through the Development Property. Said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least fifteen (15) percent as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property. B-1 12 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 08-335 RESOLUTION ESTABLISHING CITY OF IOWA CITY 2009 LEGISLATIVE PRIORITIES WHEREAS, the Iowa City City Council supports property tax reform initiatives that eliminate inequities in the current system, and also supports more diverse options for. generating operating revenue; and WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances economic development opportunity in Iowa City as well as the State of Iowa; and WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its legislative proposals to the Iowa City area legislative delegation for the 2009 Iowa State legislative session as follows: ALTERNATIVE REVENUE SOURCES 1. Support local revenue options that do not impact State revenues 2. Hotel/Motel Tax a. Repeal exemption for government and non-profit agencies b. Increase maximum tax by raising percentage or setting a flat amount per stay 3. Tax non-owner occupied condominiums as commercial properties ECONOMIC DEVELOPMENT INITIATIVES 1. Increased funding for micro-enterprise development 2. Expansion of Iowa Earned Income Tax Credit 3. More Effective Historic Preservation Tax Credit Program 4. Tax Increment Financing - No changes or further restrictions 5. Restore funding for Vision Iowa programs in FY10 and beyond 6. Funding support for Passenger Rail initiatives: a. Commuter Rail b. Extension of Amtrak to Iowa City of Iowa City ALCOHOLIC BEVERAGES State statute to restrict price specials and related promotions that encourage excessive consumption. Passed and approved this 18th day of ATTEST: - ~ ~ /~ - ~2 - ~d CITY ERK City Attorney's Office 20 08 MAY r ved by Wpdata/mgr/asst/res/20091egis prior.doc Resolution No. 08-335 Page 2 It was moved by Wright and seconded by 0' 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 x ^ Wright wpd ata/glossary/resolution-ic. doc