HomeMy WebLinkAbout2009-01-06 Resolution~ sa i
Prepared by: Sara Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. Oa-i
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE,
BY QUIT CLAIM DEED, OF ANY INTEREST THE CITY HAS IN THE VACATED
10.23 ACRE PORTION OF OLD DUBUQUE ROAD LOCATED SOUTH OF
INTERSTATE 80 AND EAST OF DODGE STREET TO ACT, INC. AND SETTING
A PUBLIC HEARING FOR FEBRUARY 10, 2009.
WHEREAS, On November 10, 1992, the City Council passed Ordinance No. 92-3555, an
ordinance conditionally vacating 10.23 acres of the old Dubuque Road located south of Interstate
80 and east of Dodge Street; and
WHEREAS, the conditions for the vacation have been satisfied; and
WHEREAS, the City's interest in said 10.23 acres is limited to the rights acquired as a successor
to Johnson County's interest in said land at the time it was annexed into the City's corporate limits;
and
WHEREAS,- conveyance by quit claim deed shall help to clarify chain of title over the land
underlying the old highway easement for purposes of ownership and future conveyance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
The City Council does hereby declare its intent to consider the conveyance of the vacated
10.23 acres of Old Dubuque Road right-of-way located south of Interstate 80 and east of
Dodge Street to ACT, Inc..
2. A public hearing on said proposal should be and is hereby set for February 10, 2009, at 7:00
p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public
hearing to be published as provided by law.
Passed and approved this 6th day of
ATTEST: ~ ~ ~~~' ~- ~~-~
CIT RK
Resolution No. 09-1
Page 2
It was moved by Correia
adopted, and upon roll call there were:
AYES:
and seconded by Hayek the Resolution be
NAYS:
ABSENT:
x Bailey
x Champion
X Correia
g Hayek
x O'Donnell
x Wilburn
x Wright
wpdata/glossary/resolution-ic. doc
,~
C.~ ,1
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 09-2
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND AMERICAN BANK & TRUST, CORALVILLE, IOWA
FOR PROPERTY LOCATED AT 355 EAST IOWA AVENUE, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of an Mortgage which is
attached as an exhibit to an Agreement, executed by the owner of the property on June
19, 2002, and recorded on July 28, 2003, in Book 3597, Page 397 through Page 415, in
the Johnson County Recorder's Office covering the following described real estate:
Unit 1C, Tower Place and Parking, a horizontal property regime, according to the
Declaration thereof recorded in Book 3021, Page 467, records of Johnson County, Iowa,
as amended by the Amendment to Declaration recorded in Book 3062, Page 797,
records of Johnson County, Iowa, including all interest in the common elements as set
out in said Declaration
WHEREAS, American Bank & Trust is refinancing a mortgage to the owner of the
property located at 355 East Iowa Avenue and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, American Bank & Trust, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with American Bank & Trust; and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
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 American Bank & Trust,
Coralville, Iowa.
Passed and approved this 6th day of January , 20~_.
Resolution No. 09-2
Page 2
ATTEST: //Ir~~.,.~.~,.~ . `~~~
CITY ERK
Approved b
~~~~ ~ ~-3 i-° ~`
City Attorney's Office
It was moved by Correia and seconded by xayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
_~ Correia
x Hayek
x O'Donnell
g Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and American
Bank 8~ Trust of Coralville. Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgaqe attached as an exhibit to an
Agreement which at this time is in the amount of $225,000, and was executed by United Action
for Youth (herein the Owner), dated June 19, 2002, recorded July 28, 2003, in Book 3597, Page
397 through Page 415, Johnson County Recorder's Office, covering the following described real
property:
Unit 1C, Tower Place and Parking, a horizontal property regime, according to the Declaration
thereof recorded in Book 3021, Page 467, records of Johnson County, Iowa, as amended by the
Amendment to Declaration recorded in Book 3062, Page 797, records of Johnson County, Iowa,
including all interest in the common elements as set out in said Declaration
WHEREAS, the Financial Institution proposes to loan the sum of $220,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make .such loan, it is necessary that the
Agreement and 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 Aareement and Mortgaqe held by the City are 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 Aareement and 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 6th day of January , 20 09 .
CITY OF IOWA CITY
By
Attest:
FINANCIAL INSTITUTION
~
a
~~rS . -ry1G ~-,nv~~ t
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this ~ day of ~ , 20~_, before me, the undersigned, a Notary
Public in and for the State of low ,personally appeared ~ c~. ' I and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s that they are the
Mayor. and City Clerk, respectively, of the City of Iowa .City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in {6~}-
(Resolution) No. 09- ~ passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 6 ~`` day of '~aNU.eeu , 20~, and
that and Marian K. Karr acknowledged the execution of the
instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
,~'~ SONDRAE FORT
_ ~ Commission Number 159791 S~~ ~~
' w My c~ mis~ Expires Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~t~ day of ~~1r.A,m_hp~ _, 20 ~~, before me~~tt,,,~~the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ~hfrS •~-I !~OVUYI~p.~ to me
personally known, who .being by me duly sworn, did say that he/she is the
~/~ ~,1"k~~ /l.,ai,;~~ of ~'N121"ICa,-n ~ t f (IAS~ ,that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
(: }Zr ~5 .~ln~~p .Ll acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
~~!~
Notary Public in and for the State of Iowa
My Commission expires:
z~Pp\AC Sr ANNIE PEDERSEN
COMMISSION # 142510
" MY C MMIS ION EXPIRES
IOWA
~`~
Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SU608-00009)
RESOLUTION NO. 09-3
RESOLUTION APPROVING FINAL PLAT OF
MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA.
WHEREAS, the owner, Todd and Debra Hahn, filed with the City Clerk the final plat of Mount
Prospect Addition, Part IX, 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:
LOT 307, MOUNT PROSPECT ADDITION, PART VIII, IOWA CITY, IOWA AS RECORDED IN
BOOK 37, PAGE 269 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER CONTAINING
5.21 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENT AND RESTRICTIONS OF
RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
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
(2007) 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, easements and public open space 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.
Resolution No. X9_3
Page 2
Passed and approved this 6th day of
ATTEST: ~ ~ -
CITY ERK
, .rr~---- -+
City Attorney's Office ~~ ~ q/d g"
It was moved by Chamvion and seconded by orreia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Correia
x Hayek
_~ O'Donnell
x Wilburn
x Wright
C:\WINDOWS\Temporary Internet Files\OLKAOE\Final-resSUB08-00009 Mount ProspectlX.doc
~ -
8
Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
RESOLUTION NO. 09-4
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY
ATTORNEY AND COUNCIL OFFICE REMODELING 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 2 p.m. on the 3rd day of February,
2009. 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 10th day of February, 2009, or at a special meeting called for
that purpose.
Passed and approved this 6th day of
ATTEST: ~
CI LERK
Pweng/res/app&s-CA&CounfilOifice.doc 12/08
20~_.
Ap d by
` ~~~~~
City Attorney's Office
Resolution No. 09-4
Page 2
It was moved by O'Donnell and seconded by xayek _ the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~-
x
X
X
~-
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
'~~~
~, 9
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-5
RESOLUTION AUTHORIZING AND APPROVING THE DISPOSITION OF THE
PROPERTIES LOCATED AT 504 S. CAPITOL STREET, 7 E. HARRISON
STREET AND 510 S. CAPITOL STREET PURSUANT TO A PURCHASE
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY.
WHEREAS, the City owns and controls the properties of 504 S. Capitol Street, 7 E. Harrison
Street and 510 S. Capitol Street located in Lot 1, Block 7 of the County Seat Addition, Iowa City,
Iowa; and
WHEREAS, the City has negotiated a purchase agreement with Johnson County attached hereto
for a total purchase price of $484,000.00, which requires City Council approval; and
WHEREAS, following a public hearing to consider said proposed purchase agreement and to
approve the disposition of the property in accordance therewith, the City Council finds that the
purchase agreement should be approved and that said property should be conveyed in
accordance with said purchase agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council hereby approves in form and substance the attached purchase agreement
between the City of Iowa City and Johnson County for 504 S. Capitol Street, 7 E. Harrison
Street and 510 S. Capitol Street and authorizes the disposition of said property in accordance
with that agreement.
2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take
all action necessary to dispose of said property in accordance with said purchase agreement.
Passed and approved this 6th day of January . 202_•
ATTEST:
CI LERK
y~~ ~-
City Attorney's Office
.r~ /~ Q"
AnnenUorrns~Resotution Approving Purchase Agreement.-NSS propertiesdoc
Resolution No. 09-5
Page 2
It was moved by Wilburn and seconded by r7'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
X-
X
x
x
X
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
Prepared by Andrew B. Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52240
PURCHASE AGREEMENT/OFFER TO BUY REAL ESTATE
AND ACCEPTANCE
Dated: January 6 , 2009
To: City of Iowa City, Iowa, (hereinafter "City")
1. The undersigned Johnson County, Iowa, (hereinafter "County") hereby
offers to buy the real estate located in Iowa City, Iowa, described as follows:
See Exhibit "A" attached
with any easements and appurtenant servient estates, but subject to zoning and other
ordinances, covenants of record, and easements of record.
2. The total purchase price for the three properties shall be $484,000.00,
representing $180,000.00 for 504 S. Capitol Street, $124,000.00 for 510 S. Capitol Street,
and $180,000.00 for 7 E. Harrison Street, payable in full at closing.
3. This offer is not contingent on County securing financing.
4. County, upon timely performance of its obligation, is entitled to
possession of the real estate on the date of closing, which date shall be after execution of
this Agreement and at a date and time mutually agreed-upon by the parties.
5. City will pay any real estate taxes for the tax year beginning July 1, 2007,
and a portion of any real estate taxes for the tax year beginning July 1, 2008, prorated to
the date of possession. Additionally, City shall pay all special assessments which are a
lien on the real estate as of the date of possession and closing.
6. All property that integrally belongs to or is part of the real estate, whether
attached or detached, shall be considered a part of the real estate and included in the sale.
7. The real estate and all fixtures thereon shall be preserved in their present
condition and shall be delivered intact at the time possession is delivered to County.
County is entitled to a final inspection immediately prior to the day of real estate
closing/date possession is given to ascertain that the real estate has been preserved and is
being delivered intact. City is required to disclose any known latent defects on or before
accepting this offer. This offer is subject to County's acceptance of the same.
8. Risk of loss prior to City's delivery of possession of the real estate shall
remain with City.
9. County acknowledges that the properties that are the subject of this
agreement make up a portion of the Iowa City Near Southside Development Area. As
such, County will make a good faith effort to ensure the design of any new building or
buildings on the subject properties is generally consistent with and/or complementary to
the Iowa City Near Southside Design Plan. City will make a good faith effort to ensure
the use and design of other properties in the Iowa City Near Southside Development Area
also are consistent with the Iowa City Near Southside Design Plan and will make a good
faith effort to implement and fund applicable portions of the Iowa City Near Southside
Design Plan as described in the Implementation Strategy, with the understanding that the
parking ramp locations and landscape details and materials may vary from the
illustrations of the Near Southside Design Plan..
9A. City shall have a right of first refusal to purchase the real estate upon the
following terms:
a. Upon receipt of a bona fide third-party offer for the purchase of
any or all of the properties subject to this agreement, County shall provide a copy of
said third-party offer to the City. This step shall be deemed perfected by notice as
required in this agreement.
b. Within 30 days thereafter, the City must in writing exercise a
notice to the County, perfected in the same manner, indicating that the City
exercises its rights hereunder to purchase said real estate on precisely the same
terms and conditions as the third-party offer.
c. In the event said notice of exercise of right of first refusal is not
perfected, the same shall expire; provided, however, that if said third-party offer
does not result in a consummation of said sale, this right of first refusal shall
continue.
d. In any event, sale of the real estate to either the third party or the
City shall be subject to County following the public hearing process as required by
Iowa law.
e. The terms of this paragraph shall survive the closing of this
transaction and maintain full force and effect following the transfer of the real
estate.
10. City is required, at its expense, to promptly obtain an abstract of title
continued to within thirty (30) days of possession, date of closing. and to deliver
marketable title pursuant to Iowa Law and the Title Standards of the Iowa State Bar
Association. If, at the time of closing, there remain unresolved title objections which can
reasonably be expected to be able to be satisfactorily cured, the parties agree to escrow
from the sale proceeds sufficient money to protect the County's interest until said
objections are corrected. Upon payment in full of the purchase price, the abstract shall
become the property of the County. City shall pay the costs of any additional abstracting
required to evidence City's marketable title.
2
11. Upon payment of the purchase price, City shall convey the real estate to
County or their assignees by warranty deed, free and clear of all liens and restrictions and
encumbrances.
12. Time is of the essence with this Agreement. Failure on the part of either
party to promptly assert rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply to and bind the
successors in interest of the parties. This Agreement shall survive the closing.
13. Remedies of the parties:
(a) If County fails to timely perform this contract, City may forfeit it
as provided in the Iowa Code.
(b) If City fails to timely perform this contract, County has the right to
have all payments made returned to them or the right to specific performance of
the contract.
(c) County and City also are entitled to utilize any and all other
remedies or actions at law or in equity available to them and shall be entitled to
obtain judgment for costs and attorney fees as permitted by law.
14. Any notice under this Agreement shall be in writing and be deemed served
when it is delivered by personal delivery or by certified mail return receipt requested,
addressed to the City Manager at 410 E. Washington Street, Iowa City, on behalf of City
and addressed to the Executive Assistant to the Board of Supervisors at 913 S. Dubuque
Street, Iowa City.
This offer is accepted on the // ~ day o~ / r~~i;¢. ~- , 2008.
JOHNSON COUNTY, IOWA
Rod Sullivan, Chairperson
Johnson County Board of Supervisors
~~
Attest:
Tom Slockett, Auditor/Design e
CITY OF IOWA CITY, IOWA
By:
Reg n' .Bailey, Mayor
City o I a City, Iowa
Attest: ~ ~~ 9~'~_
Marian Karr, ' y Clerk/Designee
Approved as to form:
By:
John on Count rney
Approved as to from:
r~/~~~-
By:
Iowa City City Attorney
3
STATE OF IOWA )
SS:
COUNTY OF JOHNSON )
On this ~~ day of ~-(~-~in'I.~~ , 2008, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rod Sullivan, Chairperson of the
Johnson County Board of Supervisors and C ~St~ K~DI.~ FO R rtDM 51~r.~eft' , to me
known to be the identical persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary acts and deeds on
behalf of and after appropriate legal action was taken by Johnson County, Iowa.
~~
Notary HARRY RUEBER and County
GammlRelon Number 13Q~~2
My1 ommloslo~f"xpt it
STATE OF IOWA )
SS:
COUNTY OF JOHNSON
9.
On this ~~k day of ~ANU~z~ , 200,x', before me, the undersigned, a
Notary Public in and for said State, personally appeared Regenia D. Bailey, Mayor of the
City of Iowa City, Iowa and Marian Karr, Iowa City City Clerk, to me known to be the
identical persons named in and who executed the foregoing instrument and
acknowledged that they executed the same as their voluntary acts and deeds on behalf of
and after appropriate legal action was taken by the City of Iowa City, Iowa.
,Sa~~~ SONDRAE FORT Sim. t"e-,r"b
= y Commission Number 159791
• My Commi ~~~ xpires Notary Public in and for said State and County
• ow ~
4
EXHIBIT "A"
LEGAL DESCRIPTIONS
Legal for 504 South Capitol Street:
Beginning at the northwest corner of Lot 1 in Block 7, in that part of Iowa City, Iowa,
known as the County Seat of Johnson County, according to the recorded plat thereof,
thence south 50 feet, thence east 40 feet, thence north 50 feet, thence west 40 feet to the
place of beginning.
Legal for 510 South Capitol Street:
Commencing at a point 50 feet South of the Northwest corner of Lot 1 in Block 7, in that
part of Iowa City, Iowa, laid out by the commissioners of Johnson County, as the County
Seat of Johnson County, Iowa, according to the recorded plat thereof, said point being on
the West line of said Lot 1, running thence South 50 feet, thence East 40 feet, thence
North 50 feet, thence West 40 feet to the place of beginning; also the right to use, with
others, a private alley described as follows: A strip of land 10 feet wide off the South end
of the North 110 feet of said Lot 1.
Legal for 7 East Harrison Street:
Beginning at the northeast corner of Lot 1 in Block 7 in County Seat Addition to Iowa
City, Iowa, according to the recorded plat thereof, thence south 100 feet, thence west 40
feet, thence north 100 feet, thence east 40 feet to the point of beginning, excepting the
south 10 feet of the east 10 feet thereof. Subject to easements and restrictions of record.
~i ~~~
Prepared by Andrew B. Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52240
PURCHASE AGREEMENT/OFFER TO BUY REAL ESTATE
AND ACCEPTANCE
Dated:
To: City of Iowa City, Iov~a, (hereinafter "City")
1. The undersig ed Johnson County, Iowa, (hereinafter "County") hereby
offers to buy the real estate to ated in Iowa City, Iowa, descri ed as follows:
ee Exhibit "A" attached
with any easements and appurtenan servient estates, b t subject to zoning and other
ordinances, covenants of record, an asements of r ord.
2. The total purchase price or the ree properties shall be $484,000.00,
representing $180,000.00 for 504 S. Capitol reet, $124,000.00 for 510 S. Capitol Street,
and $180,000.00 for 7 E. Harrison Street, yable in full at closing.
3. This offer is not Conti ent o County securing financing.
4. County, upon ti y performan of its obligation, is entitled to
possession of the real estate o the date of closin ,which date shall be after execution of
this Agreement and at a da and time mutually a eed-upon by the parties.
5. City w' pay any real estate taxes for he tax year beginning July 1, 2007,
and a portion of a real estate taxes for the tax year ginning July 1, 2008, prorated to
the date of possession. Additionally, City shall pay all ecial assessments which are a
lien on the real estate as of the date of possession and clo ing.
6. All property that integrally belongs to or is part of the real estate, whether
attached or detached, shall be considered a part of the real estate and included in the sale.
7. The real estate and all fixtures thereon shall be preserved in their present
condition and shall be delivered intact at the time possession is delivered to County.
County is entitled to a final inspection immediately prior to the day of real estate
closing/date possession is given to ascertain that the real estate has been preserved and is
being delivered intact. City is required to disclose any known latent defects on or before
accepting this offer. This offer is subject to County's acceptance of the same.
Risk of loss prior to City's delivery of possession of the real estate shall
remain with City.
9. County acknowledges that the properties that are the subject of this
agreement make up a portion of the Iowa City Near Southside Development Area. As
such, County will make a good faith effort to ensure the design of any new building or
buildings on the subject properties is generally consistent with and/or complementary to
the Iowa City Near S thside Design Plan. City will make a good faith effort to ensure
the use and design of o er properties in the Iowa City Near Southside Development Area
also are consistent with t Iowa City Near Southside Design Plan and will make a good
faith effort to implement a fund applicable portions of the Iowa City Near Southside
Design Plan as described in a Implementation Strategy, with the understanding that the
parking ramp locations and la scape details and materials may vary from the
illustrations of the Near Southsi e Design Plan..
9A. City shall have a ri ht of first refusal to purchase the real estate upon the
following terms:
a. Upon receipt o a bona fide third-party offer fo~ e purchase of
any or all of the properties subje to this agreement, County s all provide a copy of
said third-party offer to the City. his step shall be deemed erfected by notice as
required in this agreement.
b. Within 30 days the ea
notice to the County, perfected in the s
exercises its rights hereunder to purch
terms and conditions as the third-party
c. In the event said notic
perfected, the same shall expire; provi~
does not result in a consummation ofs
continue.
~, the City mu in writing exercise a
e manner, ' dicating that the City
said rea state on precisely the same
of ercise of right of first refusal is not
however, that if said third-party offer
sale, this right of first refusal shall
d. In any event, e of the
City shall be subject to Co following
Iowa law.
e. terms of this paragraph ~
~ maintain full force and effect
estate.
estate to either the third party or the
public hearing process as required by
survive the closing of this
wine the transfer of the real
10. City is required, at its expense, to promptly obtain an abstract of title
continued to within thirty (30) days of possession, date of closing and to deliver
marketable title pursuant to Iowa Law and the Title Standards of the Iowa State Bar
Association. If, at the time of closing, there remain unresolved title objections which can
reasonably be expected to be able to be satisfactorily cured, the parties agree to escrow
from the sale proceeds sufficient money to protect the County's interest until said
objections are corrected. Upon payment in full of the purchase price, the abstract shall
become the property of the County. City shall pay the costs of any additional abstracting
required to evidence City's marketable title.
2
11. Upon payment of the purchase price, City shall convey the real estate to
County or their assignees by warranty deed, free and clear of all liens and restrictions and
encumbrances.
12. Time is of the essence with this Agreement. Failure on the part of either
party to promptly assert rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply to and bind the
successors in interest of the parties. This Agreement shall survive the closing.
13. Remedies of the parties:
(a) If County fails to timely perform this contract, City may forfeit it
as provided in the Iowa Code.
(b) If` ity fails to timely perform this contract, County has the right to
have all payments ade returned to them or the right to specific performance of
the contract. ~
(c) Coun and City also are entitled to utilize any a d all other
remedies or actions at aw or in equity available to them and sh 11 be entitled to
obtain judgment for cos s and attorney fees as permitted by la
14. Any notice under t 's Agreement shall be in writin and be deemed served
when it is delivered by personal del ery or by certified mail retu receipt requested,
addressed to the City Manager at 410 .Washington Street, Io a City, on behalf of City
and addressed to the Executive Assista t to the Board of Sup visors at 913 S. Dubuque
Street, Iowa City.
This offer is accepted on the day
JOHNSON COUNTY, IOWA
By:
Rod Sullivan, Chairperson
Johnson County Board of Supervisors
Attest:
Tom Slockett, Auditor/Desi e
Approved as to form:
By:
Johnson County Attorney
2008.
IOWA CITY, IOWA
~y:
Regenia `Bailey, Mayor
City of Iov~ City, Iowa
'~
Attest: '.
Marian Karr, City., Clerk/Designee
Approved as to from:\
l
~~/~~
By:
Iowa City City Attorney
STATE OF IOWA
COUNTY OF JOHNSON
On this
Notary Public in and c
Johnson County Boar
known to be the identic
and acknowledged that
behalf of and after apps
STATE OF IOWA
SS:
_ day of , 2008, before me, the undersigned, a
r said State, personally appeared Rod Sullivan, Chairperson of the
of Supervisors and , to me
persons named in and who executed the foregoing instrument
th executed the same as their voluntary acts and deeds on
opri to legal action was taken by Johnson County, Iowa.
COUNTY OF JOHNSON
Not~-v Public in and for said State
SS:
On this day of , 2008, before me, the undersigned, a
Notary Public in and for said Sta ,personally app ared Regenia D. Bailey, Mayor of the
City of Iowa City, Iowa and arian Karr, Iowa Ci City Clerk, to me known to be the
identical persons named ' and who executed the fore oing instrument and
acknowledged that the executed the same as their vol tart' acts and deeds on behalf of
and after appropriate legal action was taken by the City Iowa City, Iowa.
Notary Public in and for said
and County
4
EXHIBIT "A"
LEGAL DESCRIPTIONS
Legal for 504 South Capitol Street:
Beginning at the northwest corner of Lot 1 in Block 7, in that part of Iowa City, Iowa,
known as the County Seat of Johnson County, according to the recorded plat thereof,
thence south SQ feet, thence east 40 feet, thence north 50 feet, thence west 40 feet to the
place of beginning.
Legal for 510 South Capitol Street:
Commencing at a point 50 feet South of the rthwest corner of Lot 1 in Block 7, in that
part of Iowa City, Iowa, laid out by the co missioners of Johnson County, as the County
Seat of Johnson County, Iowa, accord' to the recorded plat thereof, said point being on
the West line of said Lot 1, runnin ence South 50 feet, thence East 40 feet, thence
North 50 feet, thence West 40 f t to the place of beginning; also the right to use, with
others, a private alley descri d as follows: A strip of land 10 feet wide off the South end
of the North 110 feet of s d Lot I .
Legal for 7 East Harrison Street: 1
Beginning at the northeast corner of Lot 1 in Block~7 in County Seat Addition to Iowa
City, Iowa, according to the recorded plat thereof, thence south 100 feet, thence west 40
feet, thence north 100 feet, thence east 40 feet to the point of beginning, excepting the
south 10 feet of the east 10 feet thereof. Subject to easements and restrictions of record.
,%
PUBLIC NOTICE
NOTICE REGARDING SUBMITTAL OF AN APPLICATION TO IOWA HOMELAND SECURITY
EMERGENCY MANAGEMENT DIVISION (IHSEMD) FOR FUNDING OF ACQUISITION PROGRAM
WITH PORTION OF LOCAL MATCH TO BE PROVIDED WITH SUPPLEMENTAL COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
The City Council of Iowa City intends to submit a Hazard Mitigation Grant Program (HMGP) application to
IHSEMD for funding to acquire property in the floodplain. The application will be submitted on or after
January 6, 2009. Any funds awarded through this• application will have a 15 percent match provided
through Supplemental CDBG funds. The intent of this notice is to provide citizens the opportunity to
comment on the proposed project and application prior to submittal. If you have questions or comments
concerning the proposed project and application you may contact David Purdy at 319-356-5489. Written
comments may also be submitted to David Purdy at David Purdy, Flood Recovery Specialist, City of Iowa
City, 410 East Washington Street, Iowa City, Iowa, 52240.
ppdadm/IHSEM-app-Notice.doc
M-4~ _ o1=~s.os
10
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-6
RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT APPLICATION
AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE
FOR THE HMGP APPLICATION.
WHEREAS, the City has identified properties in Parkview Terrace Subdivision and along
Taft Speedway that it wishes to purchase for flood mitigation purposes with Hazard
Mitigation Grant Program funds;
WHEREAS, the City has received signed statements from 40 owners who are interested
in the City purchasing their properties;
WHEREAS, apre-requisite for a Hazard Mitigation Grant Program grant is an approved
local hazard mitigation plan;
WHEREAS, FEMA allows a local entity to request an exception to this requirement, but
the plan must be complete within 12 months;
WHEREAS, the City is working with ECICOG on its local hazard mitigation plan and
intends to complete it in 2009; and
WHEREAS, the City Council finds that the public interest will be served by applying for
said funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
Upon direction of the City Attorney, the Mayor is authorized to sign the Hazard Mitigation
Grant Program Property Acquisition Project Application, which includes a request for an
exception to the Local Hazard Mitigation Plan requirement, and the City Manager is
designated as the authorized representative for said application.
Passed and
ATTEST:
this 6th day of January, 2009.
City Attorney's Office
Resolution No. 09-6
Page 2
It was moved by Correia and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
x Champion
~_ Correia
g Hayek
x O'Donnell
x Wilburn
~ Wright
wpdatalglossary/resolution-ic. doc
. /'`'
DR-1763 HMGP Application
Iowa Homeland Security & Emergency Management
7105 NW 70th Ave
Camp Dodge, Bldg. W4
Johnston, IA 50131
Hazard Mitigation Grant Program (HMGP)
Property Acquisition Project Application for DR-1763
~ oeaFr
What is the Hazard Mitigation Grant Program?
Authorized under Section 404 of the Stafford Act, the Hazard Mitigation Grant Program (HMGP) is funded by the Federal
Emergency Management Agency (FEMA) to provide grants to State and local governments to implement long-term mitigation
measures after a major disaster declaration. The purpose of the program is to reduce loss of life and property resulting from
natural disasters and to enable mitigation measures to be implemented during the recovery from a disaster.
Mitigation Project Requirements:
1) Project must conform to Iowa's Hazard Mitigation Plan. To review the State of Iowa's Hazard Mitigation Plan, follow the link:
http://www. iowahomelandsecurity.org/Partners/CountyCoordinators/Planning/tabid/108/Default.aspx.
2) Applicant must have aFEMA-approved Local Hazard Mitigation Plan, and the project must conform to the local plan.
3) Project must provide a beneficial impact on the disaster area (i.e. the State of Iowa).
4) Project must undergo environmental and historic preservation review process to ensure compliance.
5) Project must solve a problem independently or constitute a functional portion of a solution, which as a whole will be
completed.
6) City/County must be NFIP compliant and a participant in good standing, if required.
7) Project must be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a
major disaster.
Benefit-Cost Analysis:
Projects funded by the HMGP must be cost-effective. To determine cost-effectiveness applicants must use FEMA's Riverine
Full Data Module from either the Mitigation BCA Toolkit Version 3.0 (July 2006) or the new Benefit Cost Analysis Resource Kit
Version 4.0 (Sept. 2008). You may order the FEMA BCA Toolkit or Resource Kit through FEMA's Technical Assistance
Helpline. The Helpline can be reached from 9 am - 5 pm (ET), Monday through Friday, toll-free at 1-866-222-3580 or by a-mail
at bchelpline@dhs.gov. This application may require a BCA to be performed.
Completing the HMGP Application:
This application will enable you to compete in the state-wide competitive "post disaster" Hazard Mitigation Grant Program. This
application is designed to capture the necessary information to meet program requirements. Applicants are encouraged to
take ample time, read through the questions carefully, and complete each of the sections. This will enable you to move through
the application process most efficiently. An applicant handbook accompanies this application. This handbook was designed to
answer many application questions and guide you through the application process.
Project Applications must be completed in this MS Excel format and emailed to: hsemd.mitigation@iowa.gov. Save as
"Applicant Name, HMGP Prop Acq Appl." The Benefit Cost Analysis module(s) also must be emailed with the submission.
Your State Mitigation Project Officer will work with you to ensure your application is correct and complete, which may require
multiple revisions. When you and your State Mitigation Project Officer deem your application packet to be correct and
complete, mail 2 paper copies of the final application packet, including the final project BCA and all required attachments and
supporting documentation, to:
Iowa Homeland Security and Emergency Management (HSEMD)
Attn: Mitigation Section
7105 NW 70th Avenue
Camp Dodge Bldg W-4
Johnston, Iowa 50131
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 1
DR-1763 HMGP Application
I. Applicant Information
~ ataFr
A. Applicant/Community Name B. Address City, State, Zip Code
Cit of Iowa Ci 410 E. Washin ton Street Iowa Ci , IA 52240
C. Point of Contact (POC) Name
for Project POC Title POC A enc POC Email
David Purdv Specialist _ Ci of Iowa Ci david- urd iowa-ci .or
POC PO Box and Zi Code POC Street Address POC Ci State and ZIP POC Phone
No PO Box 52240 410 E. Washin ton Street Iowa Ci , IA 52245 319-356-5489
Alternate Point of Contact Name
or Authorized Re
Alt POC Title
Alt POC A enc
Alt POC Email
Ste hen Lon Develo ment Ci of Iowa Ci ste hen-Ion iowa-ci .or
Alt POC PO Box and Zi Code Alt POC Street Address Alt POC Ci State and ZIP Alt POC Phone
No PO Box 52240 410 E. Washin ton Street Iowa Ci , IA 52240 319-356-5250
D. Federal Tax ID#/ FEIN E. DUNS Number F. FIPS Code
4264004805 145409996 103-38595-00
County Name
G
H. US Congressional District(s) H. State Legislative Districts
. Senate House
Johnson Coun 5th Con ressional District 39 77
I. Descriptive Project Title
City of Iowa City Property A
Descri tion of Project Location i.e. Nei hborhood Subdivision Geo ra hic Boundaries Directions etc.
ie project area is in the Park View Terrace area of Iowa City, bordered by the Iowa River to the north and west, Park Road to
:south, and Iowa City City Park to the east. It also includes the Taft Speedway area of Iowa City, bordered by the Iowa River
the south, Taft Speedway to the north, Elks Lodge Golf Course to the west, and Terrill Mill Park to the east.
II. Detailed Project Description
A. Describe the problem to be mitigated:
This project will mitigate repetitive river flood losses in the Park View Terrace and Taft Speedway neighborhoods of Iowa City,
low lying flood-prone residential areas. Following heavy rains and spring flooding, roads must be closed to local traffic. This
impacts emergency response vehicles, the transportation of children to and from school, delivery of mail, and other
governmental services such as trash collection. In the Park View Terrace area, 140 residences are directly affected and in the
Taft Speedway area, 12 houses are affected. On Park Road near Normandy Drive, which is the entry road into Park View
Terrace, nearly 7000 cars a day had to be redirected as a result of the 2008 flood.
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 2
DR-1763 HMGP Application
B. Scope of Work Summary
Provide a brief description of the proposed project and work to be accomplished.
The city will acquire 35 flood prone residences in the Park View Terrace area and 5 flood prone properties in the Taft
Speedway area. This project will alleviate the continued repair costs to the city and to residents as well as the need for
government services to the area. This project will allow this area to be returned to open space use in the flood plain.
C. Mitigation Plan Information
1. Title of Applicant/Community's Local Hazard Mitigation Plan: ~~T
Iowa City Local Hazard Mitigation Plan.
2a. Mitigation strategy, measure(s), action, or objective that this proposed project will address:
The Iowa City Local Mitigation Plan is in the process of being developed and should be completed by fall of 2009. Iowa City is
submitting a Extraordinary Circumstances Planning Waiver to the regional FEMA office to allow time to complete the plan.
Mitigation measures surrounding flooding will be an important part of the plan. The Local Mitigation Planning Team rated River
Flooding as 9/9 for historical significance (number of times an event has occurred in Iowa City) and 7/9 for severity of impact.
The latter reaches the catastrophic level where there could be multiple deaths, property would be destroyed or damaged
beyond repair, and there would be a complete shutdown of essential facilities and services for 3 days or more.
2b. Location in the Local Plan (section, page #, etc) where the mitigation measure(s), action, or objective is identified:
The Iowa City Local Hazard Mitigation Plan is in the process of being developed.
3. How does the project conform to the State of Iowa and local mitigation goals? Explain:
This project conforms to State mitigation goals by seeking to remove property and people from the path of repetitive flooding,
converting the area to green space, and restoring the floodplain to its natural function. The Iowa Hazard Mitigation Plan in Goal
~~
21.2 states Deaths, injuries, property loss, and economic disruption due to river flooding will be reduced." Objective 21.1.2 on
page 293 in the Mitigation Strategy Section outlines" Acquisition, repair, or retrofitting of property and acquisition and use of
equipment will be used to prevent or reduce risks to property from river flooding." The City anticipates that it will conform to
local mitigation goals once the local hazard mitigation plan is completed.
D. Will the proposed mitigation measure provide an independent and long-term solution to the problem? Consider
anticipated long-term changes to the community.
Explain: Yes
The proposed mitigation measure will provide an independent and long-term solution to the problem by permanently removing
the repetitively damaged properties from the flood prone areas and converting the space to green space in perpetuity. The
project does not conflict with any long-term planning for Iowa City. Iowa City's Comprehensive Plan "Iowa City Beyond 2000-
How Do We Get There?" supports acquisition and management of watersheds, floodplains, wetlands, and green ways. It
specifically argues for the acquisition of stream banks and floodplains of Ralston Creek, Willow Creek, and the Iowa River
page 43).
E. How does the proposed mitigation measure address a repetitive problem or a problem that poses a significant risk to
public health and safety if left unresolved? Explain:
The project permanently moves the at-risk structures and people from frequently flooded areas. Significant flooding and
resultant damages occurred in 1993 and 2008. If left unresolved, the Park View Terrace and Taft Speedway areas will continue
to flood, causing further structural damage and potential injury and illness to the residents. The area lies within an identified
floodplain and should be converted to green space to prevent further and future damage and loss. Removing the homes and
properties from the areas will be the most effective and environmentally sound alternative from the range of alternatives that
are available. Removal will be the only method to ensure that residents will be safe.
F. How will the proposed mitigation measure substantially reduce future disaster losses, including the risk of future
damage, hardship, loss, and/or suffering? Explain:
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 3
DR-1763 HMGP Application
The project eliminates the risk of property damage, personal injury, and loss of life by permanently removing the at-risk
structures and people from the floodplain. This will alleviate strains in the City budget following flood events and save residents
the financial and emotional expense of repetitive flooding losses.
G. Will the community suffer severe detrimental impacts (loss of life, loss of essential services, damage to critical
facilities, economic hardship) if the proposed mitigation measure is not implemented? Explain:
Yes, the City often is unable to provide essential services following some events because of the impassable roads, leaving the
residents stranded until the water recedes. In some cases of heavy flooding, the water does not recede for several months.
During this time, there are significant public health issues from water and electricity possibly not being available to stranded
residences. Emergency vehicles can not access the homes. Homeowners, police, and rescue people are placed at extreme
risk during the next large flood.
H. Describe damages caused by previous and current disasters and their associated costs -use historical data.
July 1993- flooding from the Iowa River-crested 6.5 feet above flood stage-total damages in Johnson County were
approximately $14 million(Sources: FEMA Damage Survey Reports; Coralville, lowa;lowa City Chamber of Commerce
Survey;HDR Engineering, Inc.; Flood Data Study; Iowa City Press-Citizen).In Iowa City over 140 residences were
affected(Source:City of Iowa City).June 2008- flooding from the Iowa River-crested 9.5 above flood stage-total residential
damages projected to be $60 million. There were 270 residences affected in Iowa City(Source:City of Iowa City). In addition,
there were millions of dollars of damages to businesses and significant damages to the University of lowa(Source:University of
Iowa). There was also damages to utilities, roads, bridges,a church, public buildings, parks, and a commercial district
Source:City of Iowa City).
I. Hazard to be Mitigated/Level of Protection
1. Select the type(s) of hazards the ro osed ro'ect will mitigate: ~~~~
Floods Yes
2. Number of people and properties, including values, protected by project:
# of People 95
# of Residential Properties 40 Value of Residential Properties $9,838,999.00
# of Commercial Properties 0 Value of Commercial Properties $0.00
# of Public Properties 0 Value of Public Properties $0.00
# of Critical Facilities 0 Value of Critical Facilities $0.00
Total # of Properties 40 Value of Public Infrastructure $0.00
TOTAL $9,838,999.00
3. Provide the level of protection that the proposed project will provide for the total number of properties. (E.g., " 23
structures protected against the 100-year (1 %) flood.")
40 Structure(s) protected against the 100 year flood.
4. The proposed project will provide protection against the specified hazard(s) for
100 years.
Please explain the methodology used to determine the useful life of the project.
A 100-year useful life is the FEMA Standard Value for property acquisition projects.
III. Project Location
A. Use Tab C to list Individual Property Details
B. National Flood Insurance Program (NFIP)
1. Is the City/County participating in the NFIP? Yes
If "Yes", provide the following:
NFIP Community ID # 190171
2. Is the project located in a Special Flood Hazard Area? Yes
Based on the FIRM, indicate the flood zone(s) of the project site(s). Select all zones that apply to the project area.
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 4
DR-1763 HMGP Application
A (no base flood elevation given) of A licabl C or X (unshaded) Not A licabl
AO or AH of A licabl B or X (shaded) Not A licabl
AE or A 1-30 Yes
Floodway of A licabl
~ DRAFT
Property Acquisition Project Application Final Version -September 2008
Tab A
Page 5
DR-1763 HMGP Application
C. Attach the required Maps and Photographs
~' DRAFT
Yes FIRM with project sites clearly indicated
Yes City or county map with project sites clearly indicated
Yes USGS topographical map with project sites clearly indicated
Yes Parcel map with project sites clearly indicated
Yes Overview photographs of entire project area
Yes Labeled photographs showing all four (4) sides of each structure
Yes Tax Assessor's card for each property
IV. Discussion of Project Alternatives -Proposed Project 8~ 2 Alternatives:
A. Project descriptions and impacts (both beneficial and detrimental):
Do Nothing Alternative:
If nothing is done to alleviate the flooding problem, the area will continue to sustain flood damages, resulting in further damage
to the structures, lower property values, increased costs to the city, and continued loss of services. Homeowners,rescue staff,
police, fire, and other city personnel will again be placed in a dangerous situation.
Proposed Project:
The project involves Iowa City acquiring 40 residential properties, permanently removing them from the floodplain. The area will
be converted in perpetuity to green space, restoring the flood plain to its natural function. Iowa City will be saved repair costs
resulting from clean-up and eliminated services to the area. The loss of property taxes on these structures are much less than
the anticipated expenses for flood damages. The residents plan to relocate within the area.
Other Feasible Alternative (include estimated cost):
Elevation of the residential structures is an alternative to acquisition, but it does not completely solve the problem. While the
structures and contents may be better protected from floodwaters, access and risk of personal injury and death still remain.
Also, elevation may not protect the structures and occupants from severe flood events. The estimated costs for elevation are
$30,000 per unit or approximately $ 1.1 million for 39 homes. Many of these homes are on slab foundations, which would
dramatically increase the cost of elevating the homes.
B Justification for choosing the proposed project -discuss how the proposed project is the most practical, effective,
and environmentally sound alternative of the alternatives.
The City Council of Iowa City decided this was the best alternative after receiving notices of interest from homeowners
interested in HMPG acquisition and after reviewing several different scenarios presented to them by the city manager and city
staff at their September and October work sessions. The justification for this alternative was that elevation and flood proofing
do not address the flooding problem as well as acquisition does. The structures and residents still remain at risk. Iowa City
would still be required to maintain services in the area and possibly provide rescue in the event of another severe flood
event,which the city has experienced twice in the past 15 years. Acquisition allows for the flood plain to be restored to its
natural function and provides for a recreational area for the community. Furthermore, it relives a strain on the city budget
following each event and allows Iowa City to discontinue services to the properties purchased. Homeowners will not face
regular disruptions in their lives. Lost property taxes are minimal when compared to the continued expenses. In summary, city
staff and city council believe this project has the greatest potential impact to reduce future disaster losses.
~, Describe how the proposed project best fits within the overall development plan for the community.
The acquisition project fits with the community's goal of creating more green space and recreational areas for residents and
visitors. Acquisition does not conflict with any other section of the development plan. Iowa City's Comprehensive Plan "Iowa
City Beyond 2000-How Do We Get There?" supports acquisition and management of watersheds, floodplains, wetlands, and
green ways. It specifically argues for the acquisition of stream banks and floodplains of Ralston Creek, Willow Creek, and the
Iowa River (page 43).
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 6
DR-1763 HMGP Application
D. Describe how the proposed project best fits within the overall multi-hazard mitigation plan for the community.
Iowa City is creating its Multi-Hazard Mitigation Plan. However, actions that remove risk to residents will be a integral part of the
final mitigation plan. As mentioned earlier, because of the number of occurrences of river flooding in Iowa City and the potential
severity of impact of such events, creating plans that address this hazard will be an important part of the plan.
~ DRAFT
V. Project Compliance Assurances
A. Code Compliance:
Will the project meet all applicable written codes and standards for the local jurisdiction?
(Attach a copy of the local codes and standards)
Building N/A Zoning NrA
Public Notification Yes Other Types
Identify necessary permits or variances/exemptions:
Building: N/A
Construction: N/A
Public Notifications: N/A
B. Required Consultations
This grant requires that the applicant consult with the United States Army Corps of Engineers and get concurrence that they
have no projects being considered or underway within the proposed project area.
Date of Coordination 12/29/2008
This grant requires that the applicant coordinate with the State Department of Transportation and get concurrence that they
have no projects being considered or underway that will affect the proposed project area.
Date of Coordination 12/17/2008
This grant requires that the applicant consult with Other Federal Agencies as appropriate regarding other program
requirements and/or activities as they relate to FEMA funding for the proposed project.
Date of Coordination 12/15/2008 OFA(s) US Fish and Wildlife Services
This project may require a floodplain permit, as determined by the community's floodplain ordinance.
Date of Permit/Coordination 12/11/2008
VI. Project Cost Information
A. Budget Line Items
Complete Tab D, Property Acquisition Budget
B. Estimated Project Cost Share
Include any budget source documents such as bid quotes/sheets, contractor's estimates, etc., with the paper application.
Fundin Sources Fundin Amount % of Total Cost
Federal $8 687 052 75.00%
State $1 158 274 10.00%
Local $1 737 410 15.00%
Total Pro osed Project Cost $11 582 736 100.00%
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 7
DR-1763 HMGP Application ~.,... D~~~T
C. Cost Effectiveness Information
For Substantially Damaged Properties Located in the Floodplain:
Properties that meet the following criteria are considered cost-effective and are exempt from further benefit-costs analysis:
1) The property must be located in aFEMA-identified regulatory floodplain or floodway, and
2) The property must be declared substantially damaged by the local authority having such jurisdiction, in accordance with
criteria promulgated by the NFIP.
For All Other Properties:
Attach the Benefit Cost Analysis (BCA) for this project and all supporting data and documentation used to determine the BCA.
For acquisition projects, BCAs must be done for all properties and an aggregate BCA done for the project as a whole. To
calculate project benefits correctly, make certain that the total project cost includes all costs associated with each property. To
calculate the aggregate BCA for the project as a whole, using the figures from the BCA module, insert below (A) the sum of
calculated project benefits for all properties and (B) the sum of project cost estimates for all properties. Then divide A by B for
the aggregate Benefit Cost Ratio and insert that figure below.
Net Present Value of Project Benefits (A) n/a
Total Project Cost Estimate (B) nla
Benefit Cost Ratio for the entire project (A/B) n/a
VII. Work Schedule
A. List the ma'or n
Total Duration) 36 Months
B. Provide maintenance schedule for the useful life of the project and estimated annual maintenance costs:
0... ~h'~ nr•ninr4•
n~cawnca rv~ anw
Task Months from Award Responsible Party
Start Com lete
Receive grant agreement from HSEMD
p 2 HSEMD Authorized Re resentative
Confirm intent to participate in project with Project manager, property owners
homeowners 1 3
Section 106 process- historic review Project manager, HSEMD, FEMA, SHPO
2 8
Perform title searches, draft closing Project manager, attorney, FEMA
documents,duplication of benefits review 2 24
Acquire properties from homeowners-legal and Project manager,authorized representative,
closing activities related to the purchase of property 4 28 attorney
Bid contracts for demolition and debris removal authorized representative, city staff
8 12
Award contract for demolition and debris removal authorized representative, city staff
10 13
Demolish acquired structures, remove debris, Demolition/debris contractor
cap/remove utilities, stabilize soil 11 32
Record deed restrictions Project manager, authorized representative
6 33
Project closeout activities HSEMD, Authorized Representative, project
33 36 manager
Once acquired, these properties will be maintained in perpetuity as green space. Routine maintenance will include grass
cutting, trash removal, snow removal,and maintaining the general appearance and use of the space. Average annual
maintenance costs are projected to be $20,000 per year. The city of Iowa City assumes all responsibility and costs associated
with the described maintenance.
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 8
DR-1763 HMGP Application ""~ D~~~T
VIII. List of Tabs: Following is a list of the corresponding tabs in this workbook.
Tab B Scope of Work
Tab C Property Data Sheet
Tab D Budget
Tab E Environmental and Historic Preservation Information
Tab F State of Iowa W-9 Form
Tab G Request for Federal Assistance (SF-424)
Tab H Assurances and Certifications (FF 20-16)
Tab H-2 Construction Assurances (FF 20-166)
Tab H-3 Drug-Free Workplace (FF 20-16C)
Tab H-4 Lobbying Activities Disclosure (SF LLL)
Tab I Statement of Assurances for Property Acquisition Projects
Tab J Authorized Representative Designation
Tab K Local Match Resolution
Tab L Statement of Voluntary Transaction for Property Acquisition Projects
Tab M Model Deed Restriction
Tab N State of Iowa Minority Impact Statement
Tab O Benefit-Cost Analysis - If Applicable
Note: If required, the BCA must be submitted in both electronic and hard cop'
Tab P Listing of Attachments
IX. Certifications
To the best of my knowledge and belief, I certify that all data in this application packet is complete, true, and correct. The
governing body of the applicant has duly authorized this document and hereby applies for assistance as documented in this
application. The applicant understands that the project shall not proceed until FEMA approval is granted.
Signature of Chief Executive Officer
Signature of Authorized Representative
Name of Chief Executive Officer
Title
Organization
Date
Phone Number
Name of Authorized Representative
Title
Organization
Date
PO Box #/Street Address
City, State and Zip
Phone Number
Email Address
Tab A
Property Acquisition Project Application Final Version -September 2008 Page 9
Hazard Mitigation
Grant Program
1/05/09
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-7
RESOLUTION APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT.
WHEREAS, the City intends to apply for Hazard Mitigation Grant Program (HMGP) funds
to purchase properties in Parkview Terrace Subdivision and along Taft Speedway for
flood mitigation purposes;
WHEREAS, if the application is approved, the federal government will provide funding for
75 percent of the costs and the State of Iowa will provide funding for 10 percent of the
costs;
WHEREAS, the remaining 15 percent is informally referred to as the local match;
WHEREAS, the Iowa Department of Economic Development has agreed to provide
funding for the local match through the Community Development Block Grant (CDBG)
program; and
WHEREAS, it is in the City's best interest to use CDBG funds for the local match to the
HMGP project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The City Manager is authorized to sign an agreement for the use of CDBG funds
for the local match to the Hazard Mitigation Grant Program Property Acquisition
Project and is designated as the authorized representative in said agreement.
2. The City agrees to provide and make available $1,738,906.00 of local monies to
be used to meet the minimum 15% match requirement for this mitigation grant
application through the use of CDBG funds.
Passed and
ATTEST:
6th day of January, 2009.
City Attorney's Office
Resolution No. 09-7
Page ~_
It was moved by Correia 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
wpdata/glossary/resolution-ic.doc
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTI N APPROVING THE USE OF COMMUNITY DEVELO ENT BLOCK
GRANT (CD G) FUNDS FOR THE LOCAL MATCH TO THE H ARD MITIGATION
GRANT PRO AM (HMGP) PROPERTY ACQUISITION PROJ CT.
WHEREAS, the C intends to apply for Hazard Mitigation G nt Program (HMGP) funds
to purchase propert sin Parkview Terrace Subdivision an along Taft Speedway for
flood mitigation purpo es;
WHEREAS, if the appli tion is approved, the federal vernment will provide funding for
75 percent of the costs a d the State of Iowa will pro 'de funding for 10 percent of the
costs;
WHEREAS, the remaining 1 percent is informal) referred to as the local match;
WHEREAS, the Iowa Departm nt of Economic evelopment has agreed to provide
funding for the local match thro h the Com nity Development Block Grant (CDBG)
program; and
WHEREAS, it is in the City's best int res to use CDBG funds for the local match to the
HMGP project.
NOW, THEREFORE, BE IT RESOL~ED~Y THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT: / \
1. The City Manager is aut orized to sign agreement for the use of CDBG funds
for the local match tot Hazard Mitigatio Grant Program Property Acquisition
Project and is design ed as the authorized presentative in said agreement.
2. The City agrees to p ovide and make available 1,737,410.00 of local monies to
be used to meet th minimum 15% match requir ent for this mitigation grant
application throu the use of CDBG funds.
Passed and approve this day of January, 2009.
MAYO
ATTEST:
ITY CLERK
City Attorney's Office
~ 11
-~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AP OVING THE USE OF COMMUNITY DEVELOPMENT LOCK
GRANT (CDBG) FU S FOR THE LOCAL MATCH TO THE HAZARD M IGATION
GRANT PROGRAM ( GP) PROPERTY ACQUISITION PROJECT.
WHEREAS, the City inten to apply for Hazard Mitigation Grant Progra (HMGP) funds
to purchase properties in Par iew Terrace Subdivision and along Taft S eedway for
flood mitigation purposes;
WHEREAS, if the application is ap roved, the federal government will rovide funding for
75 percent of the costs and the Stat of Iowa will provide funding for percent of the
costs;
WHEREAS, the remaining 15 percent is ir~~ormally referred to as th~ local match;
WHEREAS, the Iowa Department of Econo 'c Development has greed to provide
funding for the local match through the Comm ity Developme Block Grant (CDBG)
program; and
WHEREAS, it is in the City's best interest to use C G fun s for the local match to the
HMGP project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY UNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The City Manager is authorized to sign an agreem nt for the a of CDBG funds for the
local match to the Hazard Mitigation Grant Progr Property A uisition Project and is
designated as the authorized representative ins id agreement.
Passed and approved this day of Jan~fary, 2009.
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
~~
12
Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5122
RESOLUTION NO. ~g-R
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING AND
INSPECTION SERVICES DEPARTMENT BY DELETING ONE HALF-TIME HOUSING
INSPECTOR POSITION, DELETING ONE HALF-TIME DEVELOPMENT REGULATIONS
SPECIALIST POSITION AND ADDING ONE FULL-TIME HOUSING AND DEVELOPMENT
REGULATION INSPECTOR POSITION, AND AMENDING THE AFSCME PAY PLAN BY
ADDING THE POSITION OF HOUSING AND DEVELOPMENT REGULATION INSPECTOR,
GRADE 12.
WHEREAS, Resolution No. 08-63, adopted by the City Council on March 4, 2008, authorized
permanent positions in Housing and Inspection Services Department for FY09; and
WHEREAS, Resolution No. 07-163 adopted by the City Council on May 14, 2007, established a
classification/compensation plan AFSCME employees; and
WHEREAS, the duties to be performed by the new position are currently administered by one
individual under two half-time positions; and
WHEREAS, to maintain efficiency and address space constraints, one full-time position will be
created to encompass those duties currently performed by the two half-time positions; and
WHEREAS, the creation of the full time position should not increase the pay and benefits
currently budgeted for these duties.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The budgeted positions in the Housing and Inspection Services Department be amended by:
1. The deletion of one half-time Housing Inspector position, grade 10.
2. The deletion of one half-time Development Regulations Specialist position, grade 13.
3. The addition of one full-time Housing and Development Regulations Inspector position,
grade 12.
The AFSCME pay plan be amended by:
1. The addition of the position of Housing and Development Regulations Inspector grade 12.
Passed and approved this 6th day of
ATTEST: c '
CITY RK
i2-Z.Z-Gg
Hisbldg/res/inspectorposition.doc
Resolution No.
Page 2
09-8
It was moved by O'Donnell and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdatalglossary/resolution-ic.doc
13
Prepared by: Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5410
RESOLUTION NO. n9-g
CONSIDER A RESOLUTION APPROVING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO
PROVIDE ENGINEERING CONSULTANT SERVICES EXTENDING AN
ORIGINAL CONTRACT TO PROVIDE RECOMMENDATIONS REGARDING
TEMPORARY FLOOD CONTROL METHODS AND TO ASSIST CITY STAFF AT
TWO PUBLIC NEIGHBORHOOD MEETINGS.
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Stanley Consultants, Inc. of Muscatine, Iowa; and
WHEREAS, this agreement is an extension to the original agreement dated November 3, 2008,
signed by the City Manager; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Stanley Consultants, Inc.
NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Agreement by and between the City of Iowa City, Iowa, and Stanley Consultants, Inc.
for the Consultant Agreement, attached hereto and made a part hereof, is in the public
interest, and hereby approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement
for and on behalf of the City of Iowa City, Iowa.
Passed and approved this 6th day of
ATTEST:
202,
City Attorney's Office
~ ~j
pweng 1Re5VloodconVol-Stanley-.doc
Resolution No. 09-9
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
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Section IV
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this
2009 by and between the City of
referred to as the City and Stanley Consultants, li
the Consultant.
6th day of January ,
Iowa City, a municipal corporation, hereinafter
ic, of Muscatine, Iowa, hereinafter referred to as
Whereas the City of Iowa City (City) intends to engage Consultant to investigate Flood
Protection Options for the Parkview Terrace and Idyllwild Neighborhoods.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
1.0 Provide Temporary Flood Mitigation and Protection recommendations, along with
advantages/disadvantages and estimates of probable construction costs for the
following options:
• Hesco Barriers
• Levee Builder (used by Johnson County, IA).
2.0 Prepare a PowerPoint presentation that includes permanent and temporary flood
mitigation and protection options.
3.0 Present PowerPoint at two (2) public meetings -one each for the Parkview
Terrace neighborhood and the Idyllwild neighborhood. It is assumed that these
two meetings will be held on separate dates.
II. TIME OF COMPLETION
Consultant shall complete the services described herein in a timely manner and in accordance
with the Schedule requested by the City.
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
To discharge or refuse to hire any individual because of their race, color,
religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work
and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The City may
- 2 - Section IV
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affixed thereto or such seal as required by Iowa
law.
The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep mylar reproducible copies for the Consultant's own filing
use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
_ 3 _ Section IV
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
Consultant will provide Professional Engineering Services described in Article I -Scope of
Services on an Hourly, plus Reimbursable Expenses basis for aNot-to-Exceed amount of
Thirty Thousand Dollars ($30,000), in accordance with the prevailing Hourly Fees and Charges
Fiscal Year 2008-2009 (Form C/B 08-09), copy attached.
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
FC
By
Tit
Date: January 6 , 2009
ATTEST:__ 1~~~~ YC~~ ~~~
City Clerk
FOR THE ONSULTANT
By: '~ +-
Mich el J. McKenna
Title: Vice President
Date: i2~~2' ~`~
pw\formslconsag mt.frm