HomeMy WebLinkAbout2003-01-21 Resolution Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138
RESOLUTION NO. 03-22
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE SCO'I-r BOULEVARD LANDSCAPE - FIRST AVENUE TO
ROCHESTER AVENUE PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 4th day of
February, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or
if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general dmulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 21st day of JaQAary , 20 03
Approved by
CI'FC'CLERK .... (~ity/I/torne~s Office
Resolution No. 03-22
Page 2
It was moved by Champion and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-23
RESOLUTION OF INTENT TO CONVEY THE WEST ONE-HALF OF A TWENTY
FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY
LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH
GOVERNER STREET TO PHYLLIS TUCKER, AND SETTING A PUBLIC
HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003.
WHEREAS, On February 4, 2003, the City Council may consider final passage of an ordinance
vacating a twenty-foot wide by sixty feet long portion of the alley located between 405 South
Summit Street and 338 South Governor Street; and
WHEREAS, Phyllis Tucker, as the owner of the adjacent property to the west (338 South
Governor Street), has offered the sum of $500 for the west half of the twenty foot wide by 60' long
parcel (approximately 600 square feet); and
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area and there is no infrastructure or easements within the vacated right-of-way; and
WHEREAS, the disposition of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in the west half of the
twenty foot wide by sixty foot long vacated portion of the alley between 405 South Summit
Street and 338 South Governor Street for the sum of $500.
2. A public hearing on said proposal should be and is hereby set for February 4, 2003, at
7:00 p.m. in Emma Harvat Hall of the Civic Center, 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.
It was moved by Champ1 on and seconded by 0' Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Resolution No. 03-23
Page 2
Passed and approved this 21st day of Jan[ 2003.
ATTEST:
CI'TY"CLE RK
Approved by
///~_, ,
C ~/~t't'o rn e'~s O~e
City of Iowa City
MEMORANDUM
Date: January 9, 2003
To: City Council
From: Mitchel T. Behr, Assistant City Attorney ~
Re: Disposition of alley between 338 S. Governor Street & 405 S. Summit Street
As "trustee" of public property, the City Council must dispose of such property in good
faith, upon adequate consideration, and upon reasonable and lawful terms. Generally, the
principle requiring "adequate consideration" has been recognized to mean that a
municipality must obtain fair market value for the property to be conveyed, assuming the
transaction does not entail other public benefit. Determining "adequate consideration" or
fair market value for parcels of public property, particularly former right-of-way property,
can be difficult. The City Council considers the specific facts of each situation when
determining the appropriate payment for conveyance of such property. In past
conveyances, the amount of consideration has been based on the assessed value of the
neighboring property. When available, the appraised value of the subject property or
neighboring property can also serve as a basis for the determination of the appropriate
amount of consideration. Factors such as the existence of easements which limit the
buildable area of the property, the imposition of conditions which limit the use of the
property, or a public benefit from the disposition, may support a lower amount of
consideration.
The Planning & Zoning Commission and City Staff are not recommending that any
conditions be placed on the vacation or conveyance of this property. No utility easement is
necessary.
The adjacent property owned by Ms. Tucker at 338 South Governor Street is assessed at
approximately $10 per square foot. Use of this assessed value would attribute to the
portion of the alley she seeks to acquire a value of $6,000. Ms. Tucker has offered to
purchase the west-half of the alley adjacent to her property for $500, as stated in her
written offer. She states that the amount of her offer is based on the "location and
condition of the land".
The adjacent property owned by Ms. Travis and Mr. Robertson at 405 South Summit
Street is assessed at approximately $8 per square foot. Use of this assessed value would
attribute to the portion of the alley they seek to acquire a value of $4,800. Ms. Travis and
Mr. Robertson have offered to purchase the east-half of the alley adjacent to their property
for $500, as stated in their written offer. They also state that their offer is based on the
"location and condition of the land".
Based on the discrepancy between the assessed values of the adjacent properties and
the amounts offered by Ms. Tucker, Ms. Travis and Mr. Robertson, City Staff has
reservations about whether their offers constitute adequate consideration for the
conveyances. As you know, there is not a real estate appraiser on City Staff. If City
Council has reservations about the offers, Council may request that the proposed
purchasers provide an appraisal of the property.
cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Eleanor Dilkes, City Attorney
January 9, 2003
Page 2
Sarah Holecek, First Assistant City Attorney
Chuck Schmadeke, Director of Public Works
Karin Franklin, Director of Planning and Community Development
John Yapp, Associate Planner, Dept. of Planning and Community Development
Phyllis Tucker, 3425 S. Jamie Lane, Iowa City, IA 52240
Sue M. Travis & Andrew D. Robertson, 405 S. Summit Street, Iowa City, IA 52240
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-24
RESOLUTION OF INTENT TO CONVEY THE EAST ONE-HALF OF A TWENTY
FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY
LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH
GOVERNER STREET TO SUE M. TRAVlS AND ANDREW D. ROBERTSON,
AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY
4, 2003.
WHEREAS, On February 4, 2003~ the City Council may consider final passage of an ordinance
vacating a twenty-foot wide by sixty feet long portion of the alley located between 405 South
Summit Street and 338 South Governor Street; and
WHEREAS, Sue M. Travis and Andrew D. Robertson, as owners of the adjacent property to the
east (405 South Summit Street), have offered the sum of $500 for the east half of the twenty foot
wide by 60' long parcel (approximately 600 square feet); and
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area and there is no infrastructure or easements within the vacated right-of-way; and
WHEREAS, the disposition of the subject property is in the public interest.
NOW, THEREFORE, BE iT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in the east half of the
twenty foot wide by sixty foot long vacated portion of the alley between 405 South Summit
Street and 338 South Governor Street for the sum of $500.
2. A public hearing on said proposal should be and is hereby set for February 4, 2003, at
7:00 p.m. in Emma Harvat Hall of the Civic Center, 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.
It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Resolution No. 03-24
Page 2
Passed and approved this 21st day of Ja.Q~_ary ,2003.
MAYOR
CITY'CLERK
Approved by_ :
City Attorney's Office
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO, 03-25
RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 6 RECREATION
TRAIL PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of the
Highway 6 Recreation Trail Project, as included in a contract between the City of Iowa City and
Metro Pavers, Inc. of Iowa City, Iowa, dated Apdl 25, 2002, be accepted; and
wHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $211,329.76.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 2].st dayof J.~!~ary , 20. 03 _
MAYOR
Approved by
~IT't~"CLERK ' (~it:y' Affome'~y's Office
It was moved by Champion and seconded by 0'Donnel l the Resolution be
adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
](- Kanner
x Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO.
RESOLUTION ACCEPTING THE WORK FOR THE CAPTAIN IRISH PARKWAY
EXTENSION (PHASE II)AND FIRST AVENUE EXTENSION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Captain Irish Parkway Extension (Phase II) and First Avenue Extension Project, as included in a
contract between the City of Iowa City and Tab Construction of Davenport, Iowa, dated May 29,
2001, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract pdce is $1,657,845.37.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this day of ,20__
MAYOR
Approved by
CITY CLERK c~t~ Attorney's'Office '
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
City of Iowa City
MEMORANDUM
Date; January 21, 2002
To: Marian Karr, City Clerk
From: Ron Knoche, Senior Civil Engineer
Re: January 21, 2003 City Council Agenda
Item 4. f. (2) Acceptance of Captain Irish Parkway Extension (Phase 2) and First
Avenue Extension Project
This resolution should be pulled from the agenda. The contractor has not submitted the
final paperwork (lien waivers, sales tax statement and final estimate). This resolution will
be considered at the February 4, 2003 meeting.
Prepared by: Mitch Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-__
RESOLUTION NO. 03-26
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST THE RELEASE OF CONDITIONAL ZONING AGREEMENTS
REGARDING WINDSOR RIDGE SUBDIVISION PARTS 16-20.
WHEREAS, the following described real estate is located within properties that had previously
been conditionally rezoned;
LEGAL DESCRIPTION
WINDSOR RIDGE - PARTS 16 - 20
Lot "A" of Windsor Ridge-Part Fifteen, in accordance with the Plat recorded in Book 41 at Page
212 of the Records of the Johnson County Recorder's Office; Outlot "A" of Stone Bridge Estates,
Part One, in accordance with the Plat recorded in Book 43 at Page 143 of the Records of the
Johnson County Recorder's Office; Outlot "B" of Stone Bridge Estates, Part Two, in accordance
with the Plat recorded in Book 44 at Page 56 of the Records of the Johnson County Recorder's
Office. (Said real estate is intended to be final platted as Windsor Ridge - Parts 16 - 20.)
and
WHEREAS, the owner of the above-described property has entered into a new conditional zoning
agreement, the terms and conditions of which supercede the conditions imposed by the previous
conditional zoning agreements; and
WHEREAS, the Planning and Community Development Department and the Public
Works Department recommend the release of said of said property from the conditional zoning
agreements specified in the attached release; and
WHEREAS, it is in the public interest to release of said property from the conditional zoning
agreements specified in the attached release.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release the above-described property
from the conditional zoning agreements specified in the attached release.
2. The Mayor is hereby authorized to sign and the City Clerk to attest, the attached release.
3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, along with the appropriate release,
said recording cost be paid by the owner of the subject property.
Passed and approved this 21st day of ~~,,~ YOF -~
CI~LERK C~t~ ,~tt~rr{ey~ Office
mit ch,"e/n acl/e a s e ment release/res.doc
Resolution No. 03-26
Page 2
It was moved by Champion and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X P[ab
X Vanderhoef
X Wilbum
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RELEASE
The City of Iowa City hereby releases the properly legally described on Exhibit A attached hereto
and incorporated herein by this reference from a lien or cloud on the title placed thereon by the
Conditional Zoning Agreement, adopted by Ordinance 98-3832, recorded May '19 '1998,
beginning at Book 2489, Page 82, and the Conditional Zoning Agreement, adopted by Ordinance
00-3944, recorded September 15, 2000, beginning at Book 3004, Page 46'1. Said properly is
now subject to the Conditional Zoning Agreement recorded December 2, 2002, beginning at Book
3436, Page 311.
Date:
T~f ,~ity, Io~ ~
MAYOR
~ CLERK
STATE OF IOWA )
) SS:
JOHNSON COUN~ )
On this ~ / ~day of ~uA~ ~ ,20 ~, before me, the undersigned, a Nota~ Public in
and for said County, in said State~rsonally ap~ared Ernest W. Lehman and Marian K. Ka~, to
me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respe~ively, of said municipal corporation executing the within and foregoing instrument;
that the seal a~xed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City Council of sa~d
municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the
execution of said instrument to be the volunta~ a~ and deed of said municipal corporation by it
and by them voluntarily executed.
I~1 so,o~ FO~T Nota~ Public in and for the State of Iowa.
~ ~ My Commi~ ~ims
I~1 ~-~-~ I
EXHIBIT A
LEGAL DESCRIPTION
WINDSOR RIDGE - PARTS 16 - 20
Lot "A" of Windsor Ridge-Part Fifteen, in accordance with the Plat recorded in
Book 41 at Page 212 of the Records of the Johnson County Recorder's Office;
Outlot "A" of Stone Bridge Estates, Part One, in accordance with the Plat
recorded in Book 43 at Page 143 of the Records of the Johnson County
Recorder's Office; Outlot "B" of Stone Bridge Estates, Part Two, in accordance
with the Plat recorded in Book 44 at Page 56 of the Records of the Johnson
County Recorder's Office.
Said real estate is intended to be final platted as Windsor Ridge - Parts 16 - 20.
F~.6~=c~ ADJUSTMENT OF CURRENT CITY BUDGET
The City Council of IOWA CITY in JOHNSON County, Iowa
on this date 21-Jan-03 adopted the following resolution converting the current budget for
Fiscal Year 2003 to conform with Iowa Code 384.16 and Iowa Administrative Rules 545~2.1(384,388)
RESOLUTION No. 03-27 Date Budget Adopted or Last Amended: t0/08102
Fiscal Year Ending June 30, 2003
The city budget is being converted to a new format to conform to Government Accounting Standards Board Statement 34 and changes to Iowa Administrative Rules,
545-2.1 (384,388). The adoption of [his format does not constitute a legal amendment as spedfiod in Iowa Code 384.19. Total Revenues and Expenditures on this
document are unchanged from budget certified March 15. 2002 or as last amended.
Retain a copy for the city's records and mail 2 signed copies to your county auditor.
FY 2003 Total Budget as certified or last amended Total Budget after Conversion ~-.
Texes Levied o~1 Property 31~976,618 Taxe~ Levied ~ Prop~/ 31~976,618
Less; I.h-a=ollec~ed PrOlpe~ ¥~(e$-Le'~f Year Less: Ul~co~lectte¢[ Property Taxes-Levy Year 0
Net Current Prope~y T~xes 31,976,618 Net Current Prolp~rty Taxes 31,976,618
o~e~ city Yaxes 1,271,817 O~her City ¥~es 1,271,817
Use of I~ and Pro~er~/ 2,978,693 Use of M~my a~d Prope~f 2,978,693 _,
Intergovemmenta~ 28,570,655 Inte~ovemme~tal 28,570,655
Miscellaneous 1; 3,315,360 Misce~aneous 3,315,360
O[her Financ~ So.cos 15 82,568,134 O~h~ Finand~ Sources 82,568,134
Expenditures & Other Financing Uses
Polic~ & ~dm ~istrath3~ Ima~,couacll.cle~,le~al,etc) It 7,431,927 Comm~lty and Economic Dove.merit 4,251,606 _
total ExpenU;ture~ 2( 175,473,326 De[h Se~ce 10,142,539
356-5050
Resolution No. 03-27
Page 2
It was moved by ChamPion and seconded by 0' Donne] ] the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
;( O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-28
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND FREEDOM SECURITY BANK, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Second Modgage in the total
amount of $5,000, executed by the owner of the property on June 6, 2002, and recorded on
June 12, 2002, in Book 3313, Page 96 through Page 99, in the Johnson County Recorder's
Office covering the following described real estate:
Bryn Mawr Hts Part 2, Lot 64 of Iowa City located in Johnson County, Iowa
WHEREAS, Freedom Security Bank, is refinancing a first mortgage in the amount of $112,000
to the owner of 1112 Wylde Green Road and to secure the loan by a mortgage covering the real
estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of
Freedom Security Bank, secured by the proposed Mortgage in order to induce Freedom
Security Bank, to make such a loan; and
WHEREAS, Freedom Security Bank, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said Mortgage
with Freedom Security Bank; and
WHEREAS, there is sufficient value in the above described real estate to secure the City lien as
a second lien, which is the City's original position.
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 Freedom Security Bank, Coralville,
Iowa.
Passed and approved this 2~st dayof January ,20 03
Approved by
CITY"GLERK · City Attorney's Office
Resolution No. 03-28
Page 2
It was moved by Champi on and seconded by 0' ponnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vandertmef
X Wilbum
gENT BY: [A CZTY PERSONEL ; t-14- 3 1:29PM; 3193565027 => 3196889828; #2
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Freedom
Security Bank of Co[alville. I,owa, herein the Financial Institution.
WHEREAS, Ihe City is the owner and holder o[ a c~rtain Second Mort_qa~e which at this time is in
the amount of $5.000, and where executed by Krista M. Kazembe (herein the Owner), dated
June $, 2002, recorded June, 12, 2002, in Book 33'13, Page 96 through Page 99, Johnson County
Recorder's Office, covering tJ~e following described real property:
Bryn Mawr HIs Part 2, Lot 64 of Iowa City located in Johnson County, Iowa
WHEREAS, tl~e Financial Institution proposcs to loan the sum of $112,000 on a promissory nol. e 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 Instilution to make such loan, it is nec~.ssery that the Second,
Mortcmc~e held by the City be subordinated to the lien of the mortgage proposed to be made by thc
Financial Institution.
NOW, THEREFORE, in consideration or the mutual covenants and promises OI the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Second MortQaqe held by the City is and shall continue to be subject and
subordinate to the lien of the mort§a§e about to be made by the Financial Institution.
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 ecl er
subordination herein.
3. Senior Mortgage. The mortgage in favor of [1~ Financial Institution is hereby
acknowledged as a lien superior to the Second Mort~aQe of the City.
4. Binding Effect_ This agreement shall be binding upon and inure to the benefit cf the
respective heirs, legal representatives, suCce.~aors, and assigns of the parties hereto.
SENT BY: IA CITY PERSONEL ; 1-14- 3 1:2gPM; 3193565027 => 319688g~28; #3/4
Oaledthis ~)t~ dayot '..~au,/iCz/V ,20_0~.
CITY OF IOWA CITY FINANCIAL INSTITUTION
~r~ ~e ~ortgage Loan OffScer
~tt~st:
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~1 ,~L day of ~ .................... 20_Q~_, before me, the undersigned, a Nolary
Public in and for the Stat~~sonally appeared £~;~- cO, L[~ ~ and
Marian K. Karr, to me personatly known, and. who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foreg~ng instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. D-~ -~I ~, .... passed (the Resolution adopted) by the City Council, under Roll Call
No. _...-~ . of the City Council on the .o/! ~'r~day of ~,~u~,~, ,, 20 o7 , and
that ~-~c-.,xl' Gr.J_.~.j~,~t~ and Marian K, Kart acknowl~lged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corpo~tion, by it
voluntarily executed,
lCommisslon Numbe~ 159791!
I'.~. '1 My Commission Expires ~
Notary Public in and for'ihe State of Iowo
SENT BY: IA CITY PERSONEL ; 1-14- 3 1:2gPM; 3193565027 ~> 3196889828; #4/4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On il'lis \L~'¥~' day of'~e'~,'-:'c'~ ~ __., A.D. 20. ~"~ before me, the
uo.dersigne~l-,~'~- ,Notary Public ir,_J,nd for the State of Iowa, personally appeared
~[L~._~,'~o ~z~o_.~ .... and ........... to me personally known, who
bein~l~ty me duly sworn, did say that they are the ~o~?._~-..i~.~..,,j~ and
.... respectively, of said corporation exe'cutih~ 'the within and foregoing
instrument to which this is attached, that said instrument was signed and sealed o~ behalf of said
corporation by authority of its Board of Directors; and ff~at the sai~
end __ as such OffiCers acknowledged the execution of said insLrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Pub~in a~ for the State o1' ¥owa
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-29
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 817 - 825 PEPPERWOOD LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of an Agreement, a Promissory Note,
and a Mortgage in the total amount of $300,000, executed by the owners of the property on July
24, 2001, and recorded on August 1, 2001, in Book 3104, Page 345 through Page 361, in the
Johnson County Recorder's Office covering the following described real estate:
Lot 14 of a portion of Block 1. Braverrnan Center, Iowa City, Iowa, according to the plat
thereof recorded in Book 31, Page 137, Plat Records of Johnson County, Iowa
WHEREAS, Iowa State Bank and Trust, is refinancing a first mortgage in the amount of
$400,000 to the owners of 817 - 825 Pepperwood Lane and to secure the loan by a mortgage
covering the real estate described above; and
WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of
Iowa State Bank and Trust, secured by the proposed mortgage in order to induce Iowa State
Bank and Trust, to make such a loan; and
WHEREAS, Iowa State Bank and 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 Iowa State Bank and Trust; and
WHEREAS, there is sufficient value in the above described real estate to secure the City lien as
a second lien, which is the City's original position,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and Iowa State Bank and Trust, Iowa
City, Iowa.
Passed and approved this 21st day of January ,20 03
Appro,y~ by
CIT'~LCLERK City Attorney's Office
ppdrehab/res/817-825peppe~vood-suberd.doc
Resolution No. 03-29
Page 2
It was moved by Champi on and seconded by. 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of iowa City, hereto the City, and
IOWA STATE BANK & TRUST COMPANY
of IOWA CITY, IA ., herein the Financial Institution.
WHEREAS, the C~ty ~s the owner and holder of a certain MORTGAGE
which at this time are in the amount of $300 ~e. 00 and were executed by
PENTACREST, TNC ....... (herein the Owner), dated JULY 24, 20'0I
~e~' AUGUST 1, 25-01 , , in Book ~,I, 04 , Page 3,45
through 361 , Johnson County Recorder's Office, covering the following described real
property:
14 OF A PORTION OF BLOCK 1, BRAVERMAN LOT, CENTER, IOWA CITY, IA
ACCORDING TO THE PLAT THERE OF RECORDED IN BOOK 31, PAGE 137,
PLAT RECORDS OF JOHNSON COUNTY, IOWA
WHEREAS. the Financial Institution proposes to loan the sum of $400,o00.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covedng the real property described above; and
WHEREAS, to reduce the Financial Institution to make such loan, it is necessary that the __
MORTGAGE held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows'
Subordination. The City hereby covenants and agrees with the Fif~ancial Institution
that the above noted MORTGAGE __ held by the City is and shall continue to
be subject and subordmate to the lien of the mortgage about to be ~ade by the
Fiosncial Institution
SUBORDINATION AGREEMENT Page 2
3. Senior Mortgage. The modgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the MORTGAGe. of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 2ND ...... day Of JANUARY
Attest:
City
CITY'S ACKNOWLEDGEMENT
~ IA['E OF IOWA
SS:
JOHNSON COUNTY
On this ~ '~ day of _ ~--.~u.,~qt/ , 20 o_D_...~_, before me, the undersigned, a
Notary Public in and for/ the State of Iowa, personally appeared
_E~_..~.e..~r- ~0, LF-R~,~ and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing instrument 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 ((~di~+me) (Resolution) No, o3 - g? passed
(the Resolution adopted) by_~the City Council, under Roll Call No. - of the City
Council on the <~ ,/ day of "JA,,o~.~, ~,~, , 20..~ ~ ..... and that
_¢~o,u£Am 60, L~_¢/~,AA~..~ and Marian K Kar'r acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
o~,~ $ONDRAE FORT
~O'a~ ~. Commission Number tS979tI
'~' My Commission Exph'es
..........
Notary Public in and for the State of Iowa
SUBORDINATION AGREEMENT Page 3
STATE OF IOWA )
) SS:
JOI INSON COUNTY
On this 2ND day of JANUARY , A.D 2003 ,betore me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
KENT JEHLE __ and JERRy VANNI , to me pemonally known, who
being by me duly sworn, did say that they are the SENIOR VICE PRESIDENT and
VICE PRESIDENT _, respectively, of said corporation executing the within and foregoing
instrument to which this ia attached, that said instrument was signed and sealed on behalf of
said corporation by authodtyof its Board of Directors; and that the said KENT JEHLE
and JERRY VANNI 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.
I .... I ~Y c°'"'"' E"" ~'-'~--~--' I Notary Public in ~d for fhe State
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-30
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 1406 SPRUCE STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of throe Mortgages in the total amount
of $8,368, executed by the owners of the property on October 19, 2000, and rocorded on
November 8, 2000, in Book 3017, Page 163 through Page 167, amended by the mortgage on
December 18, 2000, and recorded on December 28, 2000, in Book 3027, Page 261 through
Page 265, and a mortgage on October 19, 2000, and recorded on November 8, 2000 in Book
3017, Page 168 through Page 174 in the Johnson County Recorder's Office covering the
following described real estate:
Lot seventy-seven (77) in Block five (5), in the Third Highland Development Addition to
Iowa City, Iowa, according to the recorded plat thereof
WHEREAS, Iowa State Bank and Trust, is rofinancing a first mortgage in the amount of $64,800
to the owners of 1406 Spruce Street and to secure the loan by a mortgage covering the roal
estate described above; and
WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of
Iowa State Bank and Trust, secured by the proposed mortgage in order to induce Iowa State
Bank and Trust, to make such a loan; and
WHEREAS, Iowa State Bank and Trust, has roquested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said mortgage
with Iowa State Bank and Trust; and
WHEREAS, there is sufficient value in the above described real estate to secure the City lien as
a second lien, which is the City's original position.
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 agroement between the City of Iowa City and Iowa State Bank and Trust, Iowa
City, Iowa.
Passedandapproved this 2].st dayof Januar~v 20 03
MAYOR
CITY"CLI~RK City Attorney's Office
ppdrehab/res/1406Spruce-subord.doc
Resolution No. 03-30
Page 2
It was moved by Champion and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnelt
X Pfab
X Vanderhoef
X Wilbum
Jan-08-03 10:35 From-CITY 0F 10WA CITY +3193565009 T-363 P.03/05 F-SZ0
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and JQwa
State Bank & Trust of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgaqes which at this time is in the
amount of $8,368., and where executed by Lois M. Brittgn and Michael L. Britton (herein the
Owner), dated October 19, 2000, recorded November 8, 2000, in Book .3017, Page 163 through
Page 167, and dated October 19, 2000, recorded November 8. 2000, in Book 3017, Page 168
through Page ~ and dated December 18~ 2000, recorded December 28, 2000, in Book 3027,
Page 261 through Page 265, Johnson County Recerder's Office, covering the following described
real property:
Lot seventy-seven (77) in Block five (5), in the Third Highland Development Addition to
Iowa City, Iowa, according to the recorded plat thereof
WHEREAS, the Financial Institution proposes to loan the sum of $ 64~800.00 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
I~ortga~ee 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 ~o~t~af[ea held by the City is and shall continue to be
subject and subordinate to the lien of the mortgage about to be made by the Financial
'Institution.
2. Consideration. The city acknowledges receipt from the Financial .Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
m' subordination herein.
Jan-08-03 10:36 From-CITY OF IOWA CITY +3193565009 T-363 P.04/05 F-520
SUBORDINATION AGREEMENT Page 2
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the t~oz~:Sages of the City.
4. Binding Effect. This' agreement shall be binding upon and inure to the benefit of the
respective heim, legal representatives, successors, and assigns of the parties hereto.
Dated this ,~ I ~ day of '~) ~4 ^lZ.~/ ,2~ 03
CITY OF iOWACITY FINANCIAL.INSTJ ~-ION . _ ~
~ City Clerk ' Du-aue [,~/ [ eStdent:
Ha.yo~
CITY'S ACKNOWLEDGEMENT
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this ..~1 .r,_t day of ~/-~l~..~w , 20 ~}, before me, the undersigned, a
Nota~ Public in and for the state of Iowa, personally appeared
£~/&~- ~ L~,,~h and Marian K. Kart, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
coq~oration, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in (Ordinal'me) (Resolution) No. 0,5 .~..q~ passed
(the Resolution adopted) by the City Council, under Rolf Call No. ~ ---of the City
Council on the ~7 / ~* day of ,J'--~_~.~,, . 20 o =, , and that
~uE_~r' ~0, LE~4,~ ,O and Marian K. Ka~: acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
T~ ~ - SONDRAE FORT
',~ H ~Jommission Number 159791 ~
~,~L"I MyCommlssionE~ires i
~ ~"'ff'l $ - '/- ~'~ I Notary Public in and for the State of Iowa
J=n-08-03 10:36 From-CITY OF IOWA CITY +3193§65009 T~363 P.O§/05 F-520
SUBORDINATION AGREEMENT Page 3 .
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 200:3. , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
l)uane L 5~arr~enarl,h~,~- and Jeffr~? .1 ~4~,1 o~ , to me persdfihlly known, who
being by me duly sworn, did say that they are the Senior Vice pra~a,-~e and
Vice Pre.~&oqr , respectively, of said corporation executing the within and foregoing
instrument to which this is attached, that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directom; and that the said
and. V~.ce P~:es:[deat 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.
Prepared by: Daniel Scott, Civil Engineer, Public Wod(s, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 03-31
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
RIVER DAM RENOVATION AND PEDESTRIAN BRIDGE PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 11"~ day of February,
2003, or at a later date and/or time as determined' by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 18th day of February, 2003, or if said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City Clerk.
Passed and approved this 21st day of January ,20. 03
MAYOR
City AttOrney's Off~ce
Pweng~res~a fivdarna pps&s.dcc
1/03
Resolution No. 03-31
Page 2
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~( Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Pi~pared by: A. Mallhew$, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 0 19) 356-5030
RESOLUTION NO. 03-32
RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND QWEST FOR USE OF IOWA CITY PUBLIC LIBRARY
SPACE IN TItE FIRST FLOOR ALCOVE FOR A TELECOMMUNICATIONS
TELEPHONE PEDESTAL IN ACCORDANCE HEREWITH.
WHEREAS, Qwest has requested the City lease it space in the Iowa City Public Library
first floor alcove for a telecommunications telephone pedestal; and
WHEREAS, the City has negotiated a lease with Qwest for use of such space for their
telecommunications telephone pedestal in said facility for a term of five (5) years with
automatic renewal periods of five (5) year periods unless either party notifies the other of
its intention to terminate the lease by providing written notice of termination to the other
party two years prior to the end of the then current five-year lease, which lease agreement
is attached hereto and requires City Council approval; and
WHEREAS, on January 7, 2003, the City Council adopted a resolution declaring its
intent to enter into such lease on said terms and conditions; and
WHEREAS, following public hearing on the proposed lease, the City Council finds that
the subject lease is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized to sign the
subject lease in duplicate upon the terms and conditions contained within said lease
agreement between the City of Iowa City and Qwest for use of space in the Iowa City
Public Library first floor alcove for a telecommunications telephone pedestal.
Passed and approved this _2LS_t_ day of January ,20 03.
MAYOR
ATTEST: '~~ ~. ~.~ Approved by:
CITY'S'CLERK _,~,~/~
city'-Attorney's Office
Andy/res/qwest le~se.do~
Resolution No,. 03-32
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X ,, Vanderhoef
X Wilbum
Februaw 6,2003
Johnson County Recorder
County Administration Building
913 South Dubuque Street
Suite 202
Iowa City, IA 52240-4207
Dear Recorder:
Please record the enclosed:
Iowa City Public Library Lease (with Qwest Corporation)
Once recording is complete, please return said documents to the City Attorney's Office and bill
the recording fees to City Account #38550.
If you have any questions or require further information, please contact me at 356-5030. Thank
you for your assistance!
Sincerely,
Annie Pedersen
Administrative Secretary
City Attorney's Office
Enclosure
Cc: Andy Matthews
Marian Karr
9
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-33
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC
HOUSING PROGRAM TENANT.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 145 South
Westminster Street, also known as Lot 86 in Oak Woods Addition, Part Two; and
WHEREAS, a public housing program tenant has offered to purchase the home at 145 South
Westminster Street for the principal sum of $110,000.00, which is the appraised value of the
property; and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, on January 7, 2003, the City Council adopted a Resolution declaring its intent to
convey its interest in 145 South Westminster Street, authorizing public notice of the proposed
conveyance, and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in. 145 South Westminster Street,
legally described as Lot 86 in Oak Woods Addition, Part Two, Iowa City, Iowa, to a public
housing program tenant. The Mayor and City Clerk are further authorized to execute a
second mortgage agreement and resale agreement with said family in an amount not to
exceed $22,000.00.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this 21st day of January 2003.
ATTEST: '~7/'J...~j..~..~.> ~. 7~r'/~..4~ App~._~ ~-to
C'ITY~;LERK City Attorney's Office
Resolution No. 03-33
Page 2
It was moved by Wi 1 burn and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 03-34
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY
KNOWN AS 426 BAYARD STREET, WHICH IS A PUBLIC NUISANCE, FOR THE
PURPOSE OF ABATING THE NUISANCE.
WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found
to be a public nuisance and take title to the property for the public purpose of disposing of the
property by conveying the property to a private individual for rehabilitation or for demolition and
construction of housing; and
WHEREAS, the property locally known as 426 Bayard Street, which contains a single-family
dwelling and a detached garage, is a public nuisance; and
WHEREAS, since at least1997, said property has been the subject of numerous complaints,
citations, and notices of violations due to tall weeds and snow on the public sidewalk, inoperable
vehicles parked in the yard, unsafe electrical system, and accumulation of junk, and dangerous
building; and
WHEREAS, in March, 1997, the City received complaints concerning garbage and junk in yard,
inoperable vehicles parked in the grass and the generally poor condition of the structures; and
WHEREAS, on March 10,1997, the City sent Notices of Violation for garbage and for inoperable
vehicles to Lewis Investments, Inc. and Mary Lea; and
WHEREAS, on March 17, 1997, the City sent a Notice of Violation to Lewis Investments, Inc.
concerning structural code violations that applied to the house and the garage; and
WHEREAS, on April 2, 1997, during a meeting with City staff, Charles Johnston, who was
representing Lewis Investments, Inc., agreed to take responsibility for the property and to
comply with a time table for the clean up and repair that provided the vehicles were to be
removed immediately, the garbage removed by May 9,1997, and the repairs made by
September 8, 1997; and
WHEREAS, on April 9, 1997, a copy of the Notice of Violation concerning junk and garbage
originally sent March 10, 1997 to Lewis Investments, Inc. was sent to Charles Johnston; and
WHEREAS, on April 14, 1997, a City Inspector found that inoperable vehicles still on properly;
and
WHEREAS, on April 24, 1997, the City sent a Notice to Abate inoperable vehicles to Charles
Johnston via certified mail; and
WHEREAS, on May 5, 1997, a City Inspector noted that vehicles had been removed but
garbage and junk were still on property; and
WHEREAS, on May 9, 1997, the City issued a municipal citation to Lewis Investments, Inc.
issued for junk and garbage; and
WHEREAS, on May 27, 1997, the court ordered that Lewis Investments, Inc. to have the
property cleaned up by June 1, 1997; and
WHEREAS, on May 30, 1997, the City sent a letter to Charles Johnston reminding him of the
court order and stating that if the property was not cleaned up, the City would do it and assess
costs to property; and
WHEREAS, on June 2, 1997, a City inspector found the property still not cleaned up; and
WHEREAS, on June 3, 1997, a City inspector met Charles Johnston at 426 Bayard, and Mr.
Johnston committed to have the property cleaned up by June 16, 1997; and
WHEREAS, on June 16, 1997, City inspectors noted that most of the debris had been cleaned
up, but that four (4) items still remained (clothes washer, two lawn mowers and rubber mat) and
Charles Johnston assured the inspectors that they were being taken care of; and
WHEREAS, in April 1998, a City Inspector found the four (4) items were still on the property as
well as some additional items; and
WHEREAS, on September 8, 1997, a City inspection showed that no progress had been made
on repairs to the structures on the property; and
WHEREAS, on November 14, 1997, the City issued two municipal citations for failing to repair
the house and the garage; and
WHEREAS, on January 27, 1998, the City sent a Snow Violation Notice to Lewis Investments,
Inc.; and
WHEREAS, on February 18, 1998, Charles Johnston entered a plea agreement in the municipal
citations issued on November 14, 1997 in which he agreed to do the repairs by April 17, 1998;
and
WHEREAS, on May 5, 1998, Charles Johnston had done the repairs; and
WHEREAS, on November 19, 1998, a City inspection report shows that the same violations that
existed on the house and garage in the spring of 1997 still existed; and
WHEREAS, on April 14, 1999, the City posted the house as a dangerous building; and
WHEREAS, on May 11, 1999, the City sent to Lewis Investments, Inc. cio Richard Blackburn a
Dangerous Building and Order to Repair notice; and
WHEREAS, on May 14, 1999, the City sent the same notification to Richard Blackburn to Lewis
Investments, Inc. cio David Wergeland, Phoenix, Arizona, and the order gave until August I to
make repairs; and
WHEREAS, on September 15, 1999, the City sent a Notice of Violation for tall grass and weeds;
and
WHEREAS, on September 15, 1999, the City issued a municipal citation for failing to repair a
dangerous building; and
WHEREAS, on October 7, 1999, the court found Lewis Investments, Inc. in violation of the City
Code and ordered it to abate the dangerous building immediately, and if not, the City is given
the right to make repairs and assess the costs to the property or demolish the property; and
WHEREAS, on March 27, 2000, the City sent a Notice of Violation for unsafe electrical system;
and
WHEREAS, on March 27, 2000, the City sent a Dangerous Building and Order to Vacate,
Repair or Demolish notification to Lewis Investments, Inc. with a May 1 deadline; and
WHEREAS, on June 16, 2000, the electrical service to the house was terminated per Notice of
Violation of February 27, 2000 and staff believes that the house has not had electrical service
since then; and
WHEREAS, on August 15, 2000, the Board of Appeals affirmed the City's decision finding the
house to be a dangerous building and authorized demolition unless Lewis Investments, Inc.
posted a performance bond; and
WHEREAS, on November 11, 2000, the Court entered a temporary injunction preventing
demolition until issues regarding the performance bond were resolved; and
WHEREAS, on June 14,2001, the City sent a letter to Lewis Investments, Inc. requiring
registration of vacant building in 30 days and the building has never been registered; and
WHEREAS, on July 25, 2001, the City sent a Notice of Violation sent for weeds and junk on
property; and
WHEREAS, on November 27,2001, the City and Lewis Investments, Inc. entered into an
agreement in the injunction lawsuit, in which the City agreed not to demolish the house and
Lewis Investments, Inc. agreed to the following: By 1/18/2002 permit an inspection of the
structures by a third party agreeable to both parties who could evaluate the condition of the
structures and generate a report; by 2/15/2002, submit for approval a preliminary plan of repair
and construction schedule; by 3/2/2002, submit a final repair plan including the finalized
schedule; by 3/15/2002, provide a list of contractors and copies of contracts for the repair work;
and by 511102, all work was to be completed; and
WHEREAS, Lewis Investments, Inc. has not fully complied with the agreement reached on
November 27, 2001 and the work is still not completed;
WHEREAS, on March 15, 2002, Lewis Investments, Inc. applied for a building permit that the
city found inadequate; and
WHEREAS, on April 5,2002, the City issued a building permit with the condition that all work
specified in the report must be completed by May 1, 2002, and the work is still not complete;
and
WHEREAS, on June 7, 2002, the City issued a tall grass and weed Notice of Violation to Lewis
Investments, Inc.; and
WHEREAS, on November 21, 2002, the district court dissolved the temporary injunction;
WHEREAS, the house is currently not secure; and
WHEREAS, the house has not been inhabited for at least five (5) years; and
WHEREAS, absent intervention it is highly likely that said properly that will continue to generate
nuisance complaints and violations and will continue to deteriorate and become even more
hazardous until the house will no longer be salvageable; and
WHEREAS, the title holder of record of 426 Bayard Street is Lewis Investments, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. The property locally known as 426 Bayard Street is a public nuisance.
2. It is in the public interest of the City of Iowa City to acquire said property for the public
purpose of disposing of said property by conveying the property to a private individual for
rehabilitation or for demolition and construction of housing pursuant to Iowa Code section
364.12A.
2. The City manager, or designee, in consultation with the City Attorney's office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the property
for the established fair market value.
3. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase
of said property.
4. The City Manager, or designee, is authorized to sign offers of purchase and purchase
agreements for the purchase of said property.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon
direction of the City Attorney, to execute and attest all documents necessary to effectuate
the purchase of said property. The City Attorney is hereby directed to take all necessary
action to complete said transactions, as required by law.
6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby
authorized and directed to initiate condemnation proceedings for acquisition of said
property.
3
Passed and approved this 21st day
A oR '
Approved by
CITY'"OLERK City Attorney's Office
It was moved by 0' Donne1] and seconded by PfQb the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
x Kanner
X Lehman
){ O'Donnell
X Pfab
X Vanderhoef
X Wilburn
SUc\ord&resVI26Bayard Res.doc
AFFIDAVIT OF MAILING ,- ·
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
I, Sarah E. Holecek, depose and state as follows: :-.
1. I am the First Assistant City Attorney with the City Attorney's Office for th~City of~.~wa
City, Iowa. My position within the City Attorney's Office includes the performance of
certain duties and requirements on behalf of the Iowa City City Council. In regard to the
property located at 426 Bayard, I am responsible for mailing out notices to the record
owners of 426 Bayard Street, which property is being considered for City Council
declaration as a public nuisance and for acquisition of said property for purposes of
abating said public nuisance.
2. On the I~ day o~¢,~x~c¢.,~ ,2003, I personally delivered notice, by ordinary mail, of
the time, date, placet'a'/nd sub~)matter of a public hearing to be held before the Iowa City
City Council to Attorney Martin Diaz, on behalf Lewis Investments, Inc., and Attorney Davis
Foster, on behalf on Iver Cairns, said mailing and this affidavit done in furtherance and
discharge of the duties of the City Council of Iowa City, Iowa.
( _Saral~ E ~HolebL~k.,/~/
T~rst A84Jistant U~y At~rney
On this ~ day of ~, 2003, before me, the undersigned a Notaw Public in
and for the State%f Iowa, per~nally appeared Sarah E Holecek, to me personally known. Being
duly sworn, they did state that she is the same person named in the foregoing document, that the
foregoing is based upon her personal knowledge and belief, and that the foregoing instrument
was signed by her as her voluntaw act and deed.
Notaw Public of the State of Iowa
ANNIE PEDERS~
COMMISSION ¢
January 13, 2003 ~l~,,/(;Itl/o~
Mr. Martin Diaz (for Lewis Investments, Inc/David Wergeland) ~'a
528 S. Clinton St.
Iowa City, IA 52240
Mr. Davis Foster (for Iver Cairns)
P.O. Box 720
Iowa City, IA 52244
Re: Notice of City Council Consideration of Resolution Authorizing Acquisition of 426
Bayard Street, as a Public Nuisance, for Purposes of Abating the Nuisance
Gentlemen:
Enclosed please find a copy of the agenda item and comment and the proposed
Resolution Authorizing the Acquisition of Property Locally Known as 426 Bayard Street,
as a Public Nuisance, for the Purpose of Abating the Nuisance.
Please be advised that the City Council will consider the adoption of this Resolution at its
public meeting beginning at 7:00 p.m. on Tuesday, January 21, 2003 in the Emma J.
Harvat Hall (formerly the City Council Chambers) at 410 E. 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. You will be given the opportunity to be heard on
the matters involved in the proposed resolution when said Resolution is reached on the
City Council's agenda.
If you have any questions regarding this matter, please feel free to contact me.
Very~ ~
- '~ CS:
Cc: Steve Atkins, City Manager _~.-
Eleanor Dilkes City Attorney ::i--.-
Sue Dulek, Assistant City Attorney
Doug Boothroy, Director, HIS
Marian Karr, City Clerk
410 EAST WASHINGTON STRERT · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
Marian Karr
From: Michael New [michael-new@uiowa,edu]
Sent: Monday, January 20, 2003 9:20 AM
To: cou ncil@iowa-city,org
Subject: 426 Bayard Street
Dear Members of the City Council:
I am writing to support the City's acquisition of the property at 426 Bayard Street which
is considered a pubic nuisance with the objective of correcting this problem. My wife and
I reside at 212 Ferson Avenue and have observed this property since moving to the Ferson
Avenue address in 1987. Throughout that period of time it has appeared this property has
not been occupied (at least not on anything approaching a regular basis) and the
maintenance of the house and yard has been grossly neglected. During the summer months,
the yard is often so overgrown it is not possible to walk down the sidewalk. Despite
periodic activity, little or no progress has been made by the owners to correct the
obvious deterioration and neglect. The property is an eyesore in the
neighborhood and must certainly detract from the value of nearby properties, including
our own. We strongly endorse action by the city to correct this problem.
Thank you for your concern with this problem in our neighborhood.
Michael J. New
212 Ferson Avenue
Iowa City, IA 52246
319/351-4714
Marian Karr
From: Jackie Blank [jackieblankl@yahoo,com]
Sent: Sunday, January 19, 2003 2:38 PM
To: council@iowa-city,org
I write to support the resolution concerning 426
Bayard Street. I live in the near neighborhood and I
have walked past this home for years. I view is with
sadness as it was once a pleasant home that did not
detract from the neighborhood. Now it is not only an
eyesore but a frightening nuisance.
I am a Realtor and have sold or represented many
houses in the Manville Heights area. This is such a
wonderful location and desireable place to live that
it is unfortunate to cause people to not wish to
consider homes close to this house for the obvious
reasons.
I know that the City has been vigilant in attempting
to correct this situation but despite all the time and
effort and cost expended they have been thwarted.
This resolution can rectify the situation. Please
vote in favor of it,
Jackie Blank
830 Rider Street
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II Page l of 1
Marian Karr
From: Linda Greene [Igginiowa@yahoo,com]
Sent: Monday, January 20, 2003 8:25 PM
To: council@iowa-c[ty,org
Subject: Home Solution
We look forward very much to the solution to this problem. It is a shame that it had to come to this kind of
problem.
Linda Greene
215 Freson Ave
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1/21/03
Marian Karr
From: hd-hoover [hd-hoover@mchsi.com]
Sent: Tuesday, January 21, 2003 4:42 PM
To: cou ncil@iowa-city.org
Cc: marcia_klingaman @iowa-city.org
Subject: Resolution re 426 Bayard Street house
We have lived at 435 Bayard Street since August of 1995. Since then
we have watched the house deteriorate, dealt with junked cars and trucks,
and helped maintain the sidewalks and public right of way to 426, which
is directly across the street.
We have also observed Chuck Johnston make laughable attempts at
maintenance in order to forestall demolition of the house. For five years
a tarp was used to cover part of the roof. Then tarpaper was added over
rotten word, but attached so poorly it blew off. The house was eventually
and hasitly roofed, but little if any rotten wood was replaced, have never
been repaired as required by the City. While we truly believe the City
has made a good faith effort to deal with this problem and follow due
process, the situation has only worsened. The property is a public
nuisance and fire hazard. It must be demolished or rehabilitated by a
professional.
H. D. and Myrene Hoover
435 Bayard Street
Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 03-35
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS,
WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation
Commission, all Parks and Recreation fees shall be established by City Council resolution"; and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FY03 and FY04; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the schedule of fees and charges for parks and recreation services and
programs as approved by the Parks and Recreation Commission on January 8, 2003, and
attached hereto, be adopted for FY03 and FY04.
Passed and approved this 21st dayof January ,2003.
CITY'~.ERK Ci{y~tt~rney'~; (~fflce /
It was moved by n' Flnnnc,] ] and seconded by £ham,n'i,3n the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
1/9/03
City of Iowa City
Parks and Recreation Department
RECREATION DIVISION FEES & CHARGES
FY98-03
PROPOSED FY2004
And
TENTATIVE PROPOSALS FOR FY05& FY06
(to be reviewed annually)
Approved by the Parks & Recreation Commission on 1/8/03
SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE
WELLNESS FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Aerobics - 15.00 15.00
5 classes 10.00 11.25 11.25 12.50 12.50) 13.75 13.75
10 classes 20.00 22.50 22.50 25.00 25.00) 27.50 27~50 $5,776 280 30.00 30.00
Punch card 33.75 37.50 37.50 41.25 41.25 45.00 45.00 $3,375 75 48.75 48.75
Fitness 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $2,860 104 30.00 30.00
SB/BB Field Rental- 9.00 9.50
Without lights 7.50 7.50 8.00 8.00 8.50) 8.50 9.00
With lights 24.00 24.00 25.00 25.00 26.00) 26.00 27.00 $8,100(T) 450 27.00 28.00
Soccer Field Rental- 9.50
Rental 7.50 8.50 9.00 $3,525(T) 300 9.00
Rental w/field prep 15.00 15.00 17.00 17.00 19.00
Adult So f~ball-
Summer leagues 335.00 340.00 340.00 345.00 345.00 350.00 350.00 $22,400(T) 64 teams 355.00 355.00
Co-ed teams 360.00 365.00 365.00 370.00 370.00 $14,800(T) 40 teams 375.00 375.00
Fall leagues 180.00 185.00 185.00 190.00 190.00 195.00 195.00 $6,240(T) 32 teams 200.00 200.00
Co-ed teams 195.00 200.00 200.00 205.00 205.00 $3,280(T) 16 teams 210.00 210.00
Forfeit fee 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00
Adult VolIeyball- 110.00
Indoor leagues 90.00 90.00 95.00 95.00 100.00 100.00 105.00 $18,480(T) 176 teams 105.00
Outdoor leagues 60.00 60.00 65.00 65.00 70.00 70.00 75.00 $1,200(T) 16 teams 75.00 80.00
Forfeit fee 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00
Adult Basketball- 205.00
League fee 185.00 185.00 190.00 190.00 195.00 195.00 200.00 $16,000(T) 80 teams 200.00
Forfeit fee 10.00 10.00 10.00 10.00 10.00 0.00 0 0 0.00 0.00
High School 105.00
Basketball-League Fee 85.00 85.00 90.00 90.00 95.00 95.00 100.00 $3,200(T) 32 teams 100.00
Racquetball- 3.50
Court fee (hour) 3.00 3.00 3.00 3.00 3.00 3.50 3.50 $1,442(T) 412 3.50
Lessons 5.50 5.75 5.75 6.00 6.00 6.50 6.50 $0 0 6.50 6.50
Youth Football 17.50 20.00 20.00 22.50 22.50 25.00 25.00 $12,500 500 27.50 27.50
Youth Volleyball 17.50 20.00 20.00 22.50 22.50 25.00 25.00 $3,125 125 27.50 27.50
Youth Basketball 17.50 20.00 20.00 22.50 22.50 25.00 25.00 $10,000 400 27.50 27.50
2
SPORTS/ PROPOSED ESTIMATED TENTATIVE TENTATIVE
WELLNESS FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Youth Gymnastics- 13.75 13.75
5 sessions 8.75 10.00 10.00 11.25 11.25) 12.50 12.50
10 sessions 17.50 20.00 20.00 22.50 22.50) 25.00 25.00 $3,900 208 27.50 27.50
NJTL Tennis (24) 21.00 24.00 24.00 27.00 27.00 30.00 30.00 $4,350 145 33.00 33.00
Youth Tennis (10) 17.50 20.00 20~00' 22.50 22.50 25.00 25.00 $500 20 27.50 27.50
Adult Tennis (10) 20.00 25.00 25.00 30.00 30.00 35.00 35.00 $2,975 85 _ 40.00 40.00
TOTAL SPORTS/WELLNESS REVENUE $148,028
Less Sales Tax 4~933
GRAND TOTAL SPORTS/WELLNESS REVENUE ~
(T) Either entirely or partially subject to sales tax
SCANLON PROPOSED ESTIMATED TENTATIVE TENTATIV[
GYMNASIUM FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Scanlon Gym-
Preschool Activities $5-10 $5-10 ($7.50) $5-10 ($7.50) $16,995 2,265 $8-15 $8-15
.Ir. High Activities $3-25 $3-25 ($14) $3-25 ($14) $10,990 785 $3-30 $3-30
Sr. High Activities $10-90 $10-90 ($50) $10-90 ($50) $5,000 100 $10-90 $10-90
Scanlon Gym-
Misc. Activities $3-25 $3-25 ($14) $3-25 ($14) $10,500 751) $3-25 $3-25
Rentals, $23,680
Special Events, etc.
Preschool Junior High Senior High Miscellaneous Rentals
Tot FUNdamentals (Tot Shooter, Tot Kickers, etc.) Dances 9 Foot Basketball Golf Lessons (FY03 Hook a Kid on Golf) Playstation Rentals
Tot Time Lock-ins 3 on 3 Tournament 4th-6th Grade Special Parties Gym
Start Smart Teen Nights Flag Football League 4th-6t~ Grade Field Trips Procter & Gamble Room
Dash and Dine Intramurals Volleyball League Special Events Overnighters
Special Events Field Trips Special Events
Summer Adventure Club
Special Events
TOTAL SCANLON GYMNASIUM REVENUE $67,165
GRAND TOTAL SCANLON GYMNASIUM REVENUE ~
4
SOCIAL/ PROPOSED EST/MATED TENTATIVE TENTATIVE
CULTURAL FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Dark Room (2 hrs.) 7.00 5.00* 5.00* 6.00* 6.00* 6.50* 6.50 $338 52 7.00* 7.00*
Potter's Studio-
Card (4 months) 40.00 50.00 50.00 55.00 60.00 60.00 65.00 $4,875 75 65.00 70.00
Clay (25 lbs.) ~ost+5% Cost+5% Co~t+5% Cost+5% Cost+5% Cost+5% $2,400 200bags Cost+5% Cost+5%
Kindergrounds-
1 day/week 4.00 5.00 5.00
2 days/week 8.00 10.00 10.00 12.00 12.00 14.00 14.00 $3,220 230 16.00 16.00
Children's Theatre 20.00 24.00 24.00 24.00 24.00 26.00 26.00 $3,120 120 28.00 28.00
Science & Nature 10.00 12.00 12.00 14.00 14.00 16.00 16.00 $720 45 18.00 18.00
Children's Cultural 10.00 12.00 12.00 12.00 12.00 14.00 14.00 $17,920 1,280 14.00 14.00
Adult Cultural 45-55 50-60 50-60 55-65 55-65 60-70 60-70 $18,200 280 60-70 60-70
Childreffs Social 8-16 10-20 10-20 10-20 12-22 12-22 12-22 $25,585 1,505 12-22 12-22
Summer Camp
(2 wk. session):
One session 130.00 135.00 135.00 140.00 150.00 155100 155.00 160.00 160.00
Two sessions 260.00 270.00 270.00 280.00 300.00 310.00 310.00 320.00 320.00
Three sessions 390.00 405.00 405.00 420.00 450.00 465.00 465.00 480.00 480.00
Four sessions 520.00 540.00 540.00 560.00 600.00 620.00 620.00 $76,800 480 640.00 640.00
Supervised Play 16.00 18.00 20.00 20.00 20.00 22.00 22.00 $6,600 300 - 22.00 22.00
FREE PROGRAMS:
Summer Playgrounds
Halloween Parade
Swim Fest
Winter Carnival
TOTAL SOCIAL/CULTURAL REVENUE ~
* No longer provide chemicals - mom use only
5
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Daily Admissions-
Youth 1.50 1.75 1.75 2.00 2.00 2.25 2.25 $58,950 26,200 2.50 2.50
Adult 1.75 1.75 1.75 2.00 2.00 2.25 2.25 $72,000 32,000 2.50 2.50
TOTAL DAILY ADMISSIONS $130,950(T)
Punch Cards-
Youth (20 adm.) 25.50 29.75
Adult/Individual 29.75 29.75 29.75 34.00 34.00 38.25 18.00(10) $43,992 2,444 20.00 20.00
TOTAL PUNCH CARDS $43,992(T)
3 Month Passes-**
Youth 59.00 68.00
Adult/Individual 68.00 68.00 68.00 78.00 78.00 88.00 60.00 $4,500 75 60.00 60.00
Family (5 people) 127.00 136.00 136.00 156.00 156.00 176.00 120,00 $9,600 80 120.00 120.00
Each addition 15.00 15.00 15.00 15.00 15.00 20.00 15.00 $150 10 15.00 15.00
Annual Passes-
Youth 118.00 136.00
AdulffIndividual 136.00 136.00 136.00 156.00 156.00 176.00 150.00 $19,500 I30 150.00 150.00
Family (5 people) 254.00 272.00 272.00 312.00 312.00 352.00 300.00 $12,000 40 300.00 300.00
Each addition 30.00 30.00 30.00 30.00 30.00 35.00 25.00 $200 8 25.00 25.00
Monthly Passes
(Sept.-May only)-
Individual NA NA NA NA NA NA 10.00 $2,000 200 10.00 10.00 '
Family (5 people) NA NA NA NA NA NA 20.00 $2,000 100 20.00 20.00
Each addition NA NA NA NA NA NA 2.00 0 0 2.00 2.00
TOTAL PASSES $49,950(T)
Pool Rentals (per hr.)-
General Public:
Rec. Center 25-50 25-50 25-50 30-55 30-55) 30-55 30-55 30-55 30-55
MPAC 75.00 75.00 75.00 75.00 75.00) 75.00 75.00 $885 20 75.00 75.00
Swim Club:
25 yard/meter 15.00 15.00 15.00 20.00 20.00) 20.00 20.00 20.00 20.00
50 yard/meter 30.00* 30.00* 30.00* 30.00* 35.00*) 35.00* 35.00* $14,025 510 35.00* 35.00*
TOTAL RENTALS $14,910(T)
*Exclusive use of entire eight lanes or,he pool
**Changed to "surmmer pass" in FY04
(T) Either entirely or partially subject to sales tax 6
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Instructional Programs
Parent~Tot
(10 ~ 45 min,) 17.50 17.50 20.00 20.00 20.00 22,50 22.50 $5,940 264 25.00 25.00
Preschool
(10 ~ 45 min,) 17.50 17.50 20.00 20.00 20.00 22.50 22,50 $11,250 500 25.00 25.00
*Red Cross Basic
Lessons
(10 ~ 45 min.) t8.50 18.50 21.00 21.00 21.00 23.50 23.50 $30,785 1,310 26.00 26.00
Private Lessons
(20 min.) 27.50 30.00 15.00($3/ 20.00($4/ 22.50 27.50 27.50 $25,300 920 30.00 30.00
Adult class) class)
(10 ~ 45 min.) 20.00 22.50 22.50 25.00 25.00 27.50 27.50 $825 30 27.50 27.50
Diving
(10 ~ 45 min.) 17.50 17.50 20.00 20.00 20.00 22.50 22.50 $900 40 25.00 25.00
*Basic Water
Rescue (10 hrs.) 18.50 20.00 20.00 22.50 22.50 25.00 25.00 $250 10 27.50 27.50
*Lifeguarding {46 hrs) 75.00 75.00 80.00 80.00 80.00 85.00 85.00 $1,700 20 90.00 90.00
*Water Safety Aide
(20 hrs.) 41,00 41.00 42,00 42.00 42.00 45.00 45.00 $450 10 50.00 50.00
*Water Safety
Instructor (40 hrs.) 81,00 81.00 82.00 82.00 82.00 85.00 85.00 $850 10 90.00 90.00
*Lifeguard Instructor
(27 lxrs.) 44,00 44.00 45.00 45.00 45.00 50.00 50.00 $500 10 55.00 55.00
TOTAL INSTRUCTIONAL PROGRAMS $78,750
* These fees include a $1 surcharge by the American Red Cross.
* * Required class hours increased from 30 to 46 hours
7
PROPOSED ESTIMATED TENTATIVE TENTATIVE
AQUATICS FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
Aquacise (hr.) 2.00 * * * * *
Aqua-Pass
Aqua-Punch 33.75 37.50 37.50 41.25 41.25 45.00 45.00 $14,850 330 48.75 48.75
TOTAL AQUACISE/AQUA-PUNCH $14,850
Lockers-
City Park .10-.50 .10-.50 .10-.50 .25-.50 .25-.50 .25-.50 .25-.50 $1,056 2,779_ .25-.50 .25-.50
Mercer Park .10-.50 .10-.50 .10-.50 .25-.50 .25-.50 .25-.50 .25-.50 $5,879 15,471 .25-.50 .25-.50
TOTAL LOCKERS $6,935
Other Aquatics Revenue-
School District (cost share for MPAC; 25% of specified items; 28E Agreement) $ 72,569
Vending - Mercer Park Aquatic Center $ 4,668
Vending - City Park Pool $ 2,242
TOTAL OTHER AQUATICS $ 79,479
TOTAL AQUATICS REVENUE $419,816
Less Sales Tax -11,990.
GRAND TOTAL, AQUATICS REVENUE ~]~
* Program all admitted by punch card
SPECIAL FY98 FY99 FY00 FY01 FY02 FY03 PROPOSED ESTIMATED TENTATIVE TENTATIVE
POPULATIONS FY04 TOTAL PARTICIPANT FY05 FY06
REVENUE NUMBERS
SPI Clubs 6.00 6.00 7.00 7.00 7.00 8.00 8.00 $400 50 9.00 9.00
SPI Special Events 2-16 2-16 2-16 3-18 3-18 3-18 (10.50) 4-19 (11.50) $862 75 4-19 4-19
SPI Rec Programs 5-15 5-15 5-15 10-15 10-15 10-15(12.50) 12.50-17.50 $2,550 170 12.50-17.50 12.50-17.50
(15.00)
SPI Adapted Aquatics 27.50
(I0 week classes) 15.00 15.00 16.00 22.50 22.50 25.00 25.00 $1,000 40. 27.50
SPI Clubs SPI Special Events SPI Recreation Programs
*Goodtimer Club *Bowling Tournament & Banquet SPORTS & FITNESS INDEPENDENT LIVING:
*Coffeehouse Club Special Olympics Competitions *Aerobic Dance Softball *Cooking
Sibship Halloween Dance Basketball *Aquatics *Sign Language
FRIENDS Other Holiday Special Events Gymnastics Bicycling *Relaxation
Summer Picnic Cheerleading Downhill and *Environmental Education
Misc. Others *Fishing Cross Country Skiing *Leisure Education
Track & Field (and other topics of interest to participants)
Soccer
*Aqua-Stretch
SPI Adapted Aquatics OUTDOOR NATURE ACTIVITIES:. ARTS & CRAFTS:
*Swim instruction for persons w/physical limitations only Hiking *Fascinating Flowers
*Swim instruction for children & adults w/special needs Plant & Animal Life Classes *Art in the Park
*Pottery
MUSIC PROGRAMS: *Fabric Paints Art
Drama classes (jazz, ballet, modem, line dance,
Vocal Music Groups
Rhythm Instrument Groups creative dance, square dance, etc.)
*Many other art classes using a variety of materials
Special Olympics Program
See SPI Recreation Programs
TOTAL S.P.I. REVENUE ~
* Programs/activities for which fees are assessed
9
PROPOSED ESTIMATED TENTATIVE TENTATIVE
RECREATION FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL PARTICIPANT FY05 FY06
CENTER REVENUE NUMBERS
Room Rentals-
(per 3 hr. use)
Mtg. Room/Kitchen/ 11.00
Craft Room 8.00 8.00 8.00 9.00 9.00 10.00 10.00 $6,'000 600 11.00
Social Hall 40.00 40.00 40.00 45.00 45.00 50.00 50.00 $12,500 250 55.00 55.00
Gymnasium (per hr./ct) 27.50
Half Court 18.75 20.00 20.00 22.50 22.50 25.00 25.00 $1,875 75 _ 27.50
Full Court 37.50 40.00 40.00 45.00 45.00 50.00 50.00 $3,750 75 55.00 55.00
Game Room (hr.) 12.50 15.00 15.00 15.00 17.50 17.50 17.50 0 0 20.00 20~00
Locker Rentals- .25-.50 .25-.50
Daily (coin-operated) .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50
Monthly 3.00 3.00 3.00 5.00 5.00 7.00 7.00 7.00 7.00
Six Months 15.00 15.00 15.00 20.00 20.00 24.00 24.00 $4,175 750 24.00 24.00
Vending, Ret. Crt. $6,650
Equipment Rental- 6.00 6.00
Weekday 3.00 3.00 3.00 4.00 4.00 5.00 5.00
Weekend 6.00 6.00 6.00 7.00 7.00 8.00 8.00 $650 100 9.00 9.00
Game Room No fee No fee No fee No fee No fee No fee No fee No fee
Weight Room No fee No fee No fee No fee No fee No fee
Drop-in Use No fee No fee No fee No fee No fee No fee No fee No fee
TOTAL RECREATION CENTER $35,600
FARMERS MKT - 9.00 9.00
Daily 6.50 7.00 7.00 8.00 8.00 8.50 8.50 $340 40
Season (per market) 5.00 5.50 5.50 6.00 6.00 6.50 6.50 $16,770 2,580 7.00 7.00
TOTAL FARMERS MARKET $17,110
GARDEN PLOTS 10.00 12.00 12.00 14.00 14.00 16.00 16.00 $1,248 78 18.00 18.00
OTHER NON-PROPERTY TAX REVENUES
Hotel/Motel Tax (25% supports MPAC Operations=15%/$84,236 & Scanlon Gymnasium 10%/$56,157) .................... $140,393
6,000
Non-resident fees (for miscellaneous activities throughout division) ................................................................. 1,859
Commissions (telephone, other misc.) .................................................................................................... (4,000)
Low income discounts ......................................................................................................................
TOTAL OTHER REVENUE $198,210
GRAND TOTAL, RECREATION DIVISION REVENUE ~q~
(non-property tax)
10
1/9/03
SUMMARY
RECREATION DIVISION REVENUES & BUDGET
FY2004
Total Non-Property Tax Revenues $ 980,886
FY04 Budget (City Manager's Recommendation) 2,650,890
Less Capital Outlay Requests ~ 212,427
$2,438,463
Non-Property Tax Revenue to Support Budget = 40.23%