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HomeMy WebLinkAbout2003-04-22 Resolution RESOLUTION NO. 03-110 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Loyal Order of Moose -- 3151 Highway 6 East It was moved by Champion ~nd seconded by 0'Donnell that the Resolution as read 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 Wiiburn Passed and approved this 22nd day of April , 20 03. f('~r,o ved by CITY'CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Ross Spitz, Civil Engineer, 410 E. Washingto~ St., iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 03-111 RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 6TM day of May, 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 headng for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 22nd dayof April ,20 03 MAYOR ciTY~t_ERK ~'i~' Atto m e y'-~JD ~ ~f t'~"~ Resolution No. 03-111 Page 2 It was moved by Champion and seconded by 0' DQnnel 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 City of Iowa City MEMORANDUM Date: April 16, 2003 To: Rick Fosse From: Ross Spitz Re: 2003 Asphalt Resurfacing Project Below is the preliminary list of streets to be included in the 2003 Asphalt Resur£acing Project. We are currently putting together the plans for the project and continue to go over the factors that help us prioritize the streets to be repaired.I will provide you with an updated list as we get further along in the design process. Asphalt Overlay Streets East Bloomington St Between Gilbert St and Johnson St North Gilbert St Market St to Bloomington St Market St Hill Madison St east to top of hill Rochester Ave Market St to the north branch of Ralston Creek Momingside Dr. Seventh Ave. to Court St. Iowa Ave. Iowa River to Madison St. Upland Ave. Court St. to Friendship St. Chip Seal Streets Lower West Branch Road Hummingbird Lane to Taft Ave. Taft Ave Lower West Brand Rd. to American Legion Rd. Prepared by: Liz Osbome, CD Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246 Resolution No. 03-112 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 42'1 CRESTVlEW AVENUE, IOWA CITY, IOWA. WHEREAS, on December 9, 1987, the owners of 421 Crestview Avenue executed a Mortgage for $20,000; and WHEREAS, the loan was paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 421 Crestview Avenue, Iowa City, Iowa from a Mortgage recorded December 17, 1987, Book 989, Page 619 through Page 620 of the Johnson County Recorder's Office. Passed and approved this 22nd day of April ,20 03 Approved by ATTEST: '~-'~~. ~ ~4~,~ ~'-f¢~.o~ ClTY"OLERK City Attorney's Office It was moved by Champion and seconded by 0'Donnel] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wiiburn ppdreha b/res/421crestview.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 421 Crestview Avenue, Iowa City, Iowa, and legally described as follows: Lot 55 in Court Hill, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, page 324, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. from an obligation of the owners, Stephen J. and Mary A. Smith, to the City of Iowa City in the total amount of $20,000 represented by a Mortgage recorded December 17, 1987, Book 989, Page 619 through Page 620 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by C'ITY~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this o1~ day of ~P~ L ., A.D. 20 Z~,,'.'3 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~,,~ -/1~--, adopted by the City Council on the .~.~ day ~'~,~, 20 ~-~ and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/42'lcrestview-rel.doc Notary Public in and for Johnson County, Iowa f,,..e. J SONORAE FORT Commission Number 159791 I My Commission Expires -~- ?- ~ f~ I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-113 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 336 DOUGLASS COURT, IOWA CITY, IOWA. WHEREAS, on March 31, 1994, the owner of 336 Douglass Court executed a Mortgage for $3,000; and WHEREAS, the loan was paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 336 Douglass Court, Iowa City, Iowa from a Mortgage recorded April 14, 1994, Book 1732, Page 105 through Page 109 of the Johnson County Recorder's Office. Passed and approved this 22nd day of Apri 1 ,20 03 Approved by CITY'CLERK City Attorney's Office It was moved by Champ'ion and seconded by 0'Donne] 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 Prepared by: Liz Osborne, CD Division, 410 E, Washington St., Iowa City, iA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 336 Douglass Court, Iowa City, Iowa, and legally described as follows: Lot 29, Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. Also known as 336 Douglass Court, Iowa City, Iowa. from an obligation of the owner, Mary J. Hosseini, to the City of Iowa City in the total amount of $3,000 represented by a Mortgage recorded April 14, 1994, Book 1732, Page 105 through Page 109 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded d,,j;~cument. MAYOR Approved by CITY'CLERK City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this <J~- day of ,~P~ ~ ~ , A.D. 20 o _~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. oZ-H~ , adopted by the City Council on the ~,~ day, ~'.~lC, 20 o9 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. }~'~,~1 SONDRAE FORT ] I'-~ "1 MY Corn missi~,l Exp{res L'I~I S- ?- Z)3 ~ Notary Public in and for Johnson County, Iowa ppdrehab/336douglassct-rel.doc Prepared by: Liz Osbome, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-114 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, N.A., OWENSBORO, KENTUCKY FOR PROPERTY LOCATED AT 1541 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $2,500, executed by the owners of the property on July 21, 1999, and recorded on August 13, 1999, in Book 2806, Page 305 through Page 309 in the Johnson County Recorder's Office covering the following described real estate: The Buildings and Improvements Only, as presently erected and located upon the real property (referred to as "Land") legally described as Lot 101, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. This conveyance is subject to an existing mortgage, recorded on February 27, 1998 in Book 2429, Page 221, from Greater Iowa City Housing Fellowship ("GICHF") to the City of Iowa City, which mortgage shall be subordinated to a new mortgage from Grantee to Grantee's lender. It is the intention of the parties that the title to the Land underlying the buildings and improvements conveyed by this Deed remains vested in GICHF. The Land will be subject to a Ground Lease between GICHF and the Grantee, a short form of which shall be filed by GICHF with the office of the Johnson County Recorder. "Improvements" include any valuable addition made to the Land intended to enhance its value, beauty or utility or to adapt it for use as a residence, including but not limited to buildings, any permanent structure or other development such as sidewalks, driveways, fences, sewers, pipelines, and utilities. WHEREAS, US Bank, N.A. is refinancing a mortgage in the amount of $79,500 to the owner of 1541 Dickenson Lane 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 US Bank, N.A., secured by the proposed mortgage in order to induce US Bank, N.A. to make such a loan; and WHEREAS, US Bank, N.A, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with US Bank, N.A.; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and US Bank, N.A., Owensboro, Kentucky. Resolution No. 03-114 Page 2 Passed and approved this 22nd day o~, 20 03__~_ MAYOR Approved by CITY'CLERK City Attorney's Office It was moved by Champ'ion and seconded by 0'Donne]'l the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion ][ Kanner ~( Lehman ]( O'Donnell ~ Pfab ~( Vanderhoef X Wilbum ppdrehab/res/154 ldic~ensonln.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and US Bank, N.A. of Owensboro, Kentucky, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqage which at this time is in the amount of $2,500, and where executed by Ivica Romanovic and Vinka Romanovic (herein the Owner), dated July 21, 1999, recorded Au.qust 13, 1999, in Book 2806, Page 305 through Page 309, Johnson County Recorder's Office, covering the following described real property: The Buildings and Improvements Only, as presently erected and located upon the real property (referred to as "Land") legally described as Lot f0t, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 3'12, Plat Records of Johnson County, Iowa. This conveyance is subject to an existing mortgage, recorded on February 27, 1998 in Book 2429, Page 22'1, from Greater Iowa City Housing Fellowship ("GICHF") to the City of Iowa City, which mortgage shall be subordinated to a new mortgage from Grantee to Grantee's lender. It is the intention of the parties that the title to the Land underlying the buildings and improvements conveyed by this Deed remains vested In GICHF. The Land will be subject to a Ground Lease between GICHF and the Grantee, a short form of which shall be filed by GICHF with the office of the Johnson County Recorder. "Improvements" include any valuable addition made to the Land intended to enhance its value, beauty or utility or to adapt it for use as a residence, including but not limited to buildings, any permanent structure or other development such as sidewalks, driveways, fences, sewers, pipelines, and utilities. WHEREAS, the Financial Institution proposes to loan the sum of $79,500 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 Mortqaqe 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 Mortqa.qe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mort,qaqe of the City. SENT BY: CZTY OF ZA CITY PCDj 3-28- 3 12:33PM; 3193565027 => j #3/4 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 p~rties hereto. Dated this ~ day of .APril.- ., 20 o 3 . CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor By~ Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JQHNSON COUNTY On this .~,:;~ day of ~P~-r~-- ..... ,20 ~.~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~-,,,~,~'~- ~:,.,,.~.F.~/v~,¢.,~ 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 conlained in {Resolution} No. 'o~ - //' ¥. ..,,,. passed (the Resolution adopted) by the City Council, under Roll Call No. "---- of the City Cou¢~cil o¢~ the .. ,=.3-~ day of -¢~,PP._~ U;.,~, .20 0,'~ , and that ..... ,,,.'~-~.~r=~-f' bJ. L~_J4/,~A~ .... and Marian K. Kart 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. SONDRAEFORT I I Commission Nurnbe~ 459791 ~ IL~L'I My Commission E~lms I I'~r~l .~-?'-03 I Notary Public in and for the State of Iowa Received Time Mar.28. ]2:32PM SENT BY: CZTY OF ZA CZTY PCB; 3-28- 3 12:33PM; 3193565027 => ; #4/4 STATE OF IOWA J )SS: JOHNSON COUNTY ) On tl~is ../~ day of ..~.pr'l'/ . A.D. 20 ¢'~ , be[ore me, the undersigned, a ~ar~l~rv Public in and for the State of Iowa, personally appeared _~:~O-~'~'P--')¢~, ~-~-Y'-~f' , arid . to m~J:)ers.on~lv known, who being by m~-'-duly swo'rn, did say that Ihey are the ~t'O..~_'~'e'~l~J-~.l'T~ and , 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 corporetio~ by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntaw act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Received Time Mar.28. 12:32PM Prepared by: Shelley McCafledy, Asscciate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB02~)0025) RESOLUTION NO. 03-115 RESOLUTION APPROVING FINAL PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Charles W. Ruppert, Etal., filed with the City Clerk the final plat of Ruppert Hills, 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: BEGINNING AT THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD ADDITION TO IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°41'15"E, ALONG THE SOUTHERLY LINE OF SAID ADDITION, 150.02 FEET TO THE SOUTHWEST CORNER OF LOT 25 OF SAID ADDITION; THENCE S89°47'16"E, ALONG SAID SOUTHERLY LINE, 403.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF BENTON MANOR ADDITION, AS RECORDED IN PLAT BOOK 22, PAGE 22, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°59'03"E, ALONG THE SOUTHERLY LINE OF SAID BENTON MANOR ADDITION, 421.46 FEET TO THE SOUTHEAST CORNER THEREOF, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 95081, AS RECORDED IN PLAT BOOK 37, PAGE 55, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°51'35"E, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL AND ITS EASTERLY EXTENSION THEREOF, 336.03 FEET TO A 5/8" IRON PIN MARKING THE SOUTHEAST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 528, PAGE 41, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N00°37'19"E, ALONG THE EASTERLY LINE OF SAID WARRANTY DEED, 493.65 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N02°26'46"W, 6.00 FEET ALONG THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF LOT 1 OF HENRY F. BIRD'S SUBDIVISION, TO THE SOUTHWEST CORNER THEREOF; THENCE N89°48'04"E, ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION, 518.61 FEET TO THE SOUTHEAST CORNER OF LOT 4 OF SAID SUBDIVISION; THENCE N00°18'22"W, ALONG THE EASTERLY LINE OF SAID LOT 4, 306.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BENTON STREET; THENCE N89°54'13"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 292.35 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE; THENCE S02°30'00"E, ALONG SAID WESTERLY RIGHT-OF- WAY LINE, 675.27 FEET; THENCE S87°30'00"W, 300.00 FEET TO THE NORTHWEST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 1077, PAGE 100, RECORDS OF JOHNSON COUNTY, IOWA; THENCE S02°30'00"E, ALONG THE WESTERLY LINE OF SAID WARRANTY DEED, 279.83 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IOWA PRIMARY ROAD NO. 1; THENCE N85°29'56"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 332.60 FEET TO A POINT WHICH IS 125.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 158+10; THENCE S82°52'49"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 560.21 FEET TO A POINT WHICH IS 150.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 152+75; THENCE S71°34'00"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 704.02 FEET TO A POINT WHICH IS 190.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 146+10; THENCE S57°56'07"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 370.03 FEET TO A FOUND IRON PIN WITH ALUMINUM CAP; THENCE N00°06'07"E, 468.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16, SAID POINT BEING THE SOUTHEAST CORNER OF WEEBER'S FIRST ADDITION TO IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 13, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE N00°13'05"E, ALONG THE EASTERLY LINE OF SAID ADDITION, 161.78 FEET TO SAID POINT OF BEGINNING, CONTAINING 22.92 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Resolution No. 03-115 Page 2 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 prat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) 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 podions 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 finar plat after passage and approval by raw. 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. Passed and approved this 22nd dayof A~)Y'i] ,2003. Approved by ATTEST: ~,j~¢¢~2 2~. ¢/~ ~ ~-¢~/t~ CiTY'CLERK " - ' ' :- Qty Attorney's Office It was moved by Pfab and seconded by 0'Donne] ] the Resolution be adopted, and upon roll carl there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB02-00025 Ruppert Hills Date: January 16, 2003 GENERAL INFORMATION: Applicant: Callaway Development Inc 1250 N.E. Loop 410, Ste. 800 San Antonio, TX 78209 Contact Person: MMS. Consultants, Inc. 1917 S. Gilbert St. Iowa City, IA 52245 Requested Action: Approval of final plat Purpose: Subdivision to establish 4 lots in accordance with the zoning lines. Location: North of Highway 1 at Ruppert Road Size: 22.92 acres Existing Land Use and Zoning: Medium Density Multifamily, undeveloped Surrounding Land Use and Zoning: North: RS-8 & RM-20, residential South: CC-2, commercial East: CC-2, undeveloped West: RM-44, residential Comprehensive Plan: Low to Medium Density Multifamily Residential File Date: December 12, 2002 45-Day Limitation Period: January 26, 2003 BACKGROUND INFORMATION: The applicant, Callaway Development Inc., is requesting approval of the final plat of Ruppert Hills, a 4-lot, 22.92-acre subdivision. The City Council approved the preliminary plat at their January 7, 2003 meeting. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. The applicant has submitted legal papers for review by the City Attorney and Engineer. 2 Construction documents are not required because there are no public improvements with this subdivision. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. STAFF RECOMMENDATION: Staff recommends that SUB02-00025, a final plat of Ruppert Hills, a 22.92-acre, 4-1or residential subdivision located on the north side Highway 1 west be approved subject to staff approval of legal papers prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~ Robert Miklo, Senior Planner, Department of Planning and Community Development R 20 ~l i ~©OSFV[LT .~ SCHOOL BENTON \ CI I SITE LOCATION: North side of Hwy. l West SUB02-00025 LEGEND AND NOTES Final Plat RUPPERT HILLS _ ;~~" Iowa Ci[y Iowa .... Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-116 RESOLUTION APPROVING A PURCHASE AGREEMENT WITH t TOWER PLACE LLC FOR CONDOMINIUM UNIT I-D IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, Tower Place and Parking facility includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with 1 Tower Place LLC for condominium unit I-D in said facility, which purchase agreement is attached hereto and requires City Council approval; and WHEREAS, following public hearing on the City Council's intent to approve said purchase agreement and to dispose of the property in accordance therewith, 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 1 Tower Place LLC for condominium unit 1- D in Tower Place and Parking and the disposition of said property in accordance therewith. 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 22nd day of Ap~'i'i ,20 0:~ MAYOR Approved by CiTY'~LERK City Att~"ey's Office Resolution No. 03-116 Page 2 It was moved by 0' Donnel 1 and seconded by Champion 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 COUNTEROFFER TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE To: 1 TOWER PLACE, LLC The undersigned, City of Iowa City, an Iowa municipal corporation (hereinafter "CITY") does hereby accept the attached OFFER TO BUY REAL ESTATE AND ACCEPTANCE (hereinafter "Agreement") directed to CITY by 1 TOWER PLACE, LLC (hereinafter "BUYERS") and dated March 12, 2003; provided that BUYERS accept Jn writing the following modifications tO the Agreement: 1. Paragraph 22 of the Agreement is modified by addition of the following: 7. CITY'S obligations pursuant to this Agreement are contingent upon and subject to formal approval of the Agreement by the City Council of Iowa City pursuant to Section 364.7 of the Iowa Code. Upon acceptance of this COUNTEROFFER by BUYERS no later than March 17. 2003, the Agreement as modified by this COUNTEROFFER shall establish the parties' rights, duties and obligations in this sale/purchase transaction. Dated this /~ day of ~'~ , 2003. CITY OF IOWA CITY ACCEPTANCE This COUNTEROFFER is accepted by I TOWER PLACE, LLC on this //~ day of /~,¢ Fo--- h ,2003. I TOWER PLACE. LLC~ n ,~ By: Mitch/D/towerplace/1 D/B&PJCounterAg reernent.doc OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: CITY OF IOWA CITY, Iowa, Seller: 1. REAL ESTATE DESCRIPTION. The Buyer offer to buy real estate in Johnson County, Iowa, described as follows: UNIT 1D, TOWER PLACE, A CONDOMINIUM, IOWA CITY, JOHNSON COUNTY, IOWA, locally known as I South Gilbert Street, Iowa City, Iowa, with any easements and appurtenant servient estates but conditioned on the approvals set forth on the attached Addendum. 2. PRICE. The purchase price shall be $ 375,000.00, payable at Iowa City Johnson County, Iowa, as follows: $5,000.00 with this Offer, to be depos ted upon acceptance of this Offer and held in trust by Lepic-Kroeger Realtors, Iowa City, Iowa, as earnest money, to be delivered to the Seller upon performance of Seller obligation and satisfaction of Buyer contingencies. The balance of the purchase price, in the amount of $370,000.00 in cash at the time of closing, with adjustment for closing costs to be added or deducted from this amount; ali subject to the contingencies and conditions set forth on the attached Addendum. 3. REAL. ESTATE TAXES. Seller shall pay the real estate taxes that are due and payable as of the da. te of possession and constitute a lien against the real estate, including any unpa d rea estate taxes for any prior years. Seller shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2003) due and payable inthe subsequent fiscal year (commencing July 1, 2003). Buyer shall be given a credit for such proration at closing based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current milage rate, the assessed value, legislative tax rollbacks and the real estate tax exemptions that will actually be applicable as shown by the assessor's records as of the date of possession. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS: a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. b. DELETED. c. All Other special assessments shall be paid by Buyer. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: a. Ail risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. b. DELETED. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer provided, however, if there is loss or destruct on of all or any part of the Rea Estate from causes covered by the insurance maintained by Seller, Buyer shall have the option (i) to rescind this Agreement, and this Agreement shall be null and vOid; or (ii) agree to accept such damaged Or destroyed Real Estate together with such nsurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on May 15, 2003, or sooner by mutual agreement, with any adjustments of rent, insurance, and intel'est to be made as of the date of transfer of possession. Closing shall take place at time of possession. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens plumbing fixtures, water heaters, water softeners; automatic heat ng equ pment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: N/A. 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and tit e work due to any act or omission of Seller, including transfers by or the death Of Seller or their assignees. 11. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer o~ the r assignees, by General Warranty deed, free and clear of all liens, restrictions, and encumbrances except as accepted by Buyer pursuant to the attached Addendum. Any general warranties of title shall extend only to the time of acceptance of this offer, with speciaLwarranties as to acts of Seller continuing up to time of delivery of the deed. 12. DELETED. 13. DELETED. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Se er may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited and this shall be Seller's sole remedy. b. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it, and this shall be Buyer's sole remedy. c. DELETED. 16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a en on the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 17. DELETED. 18. DELETED. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the suCcessors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before March 17, 2003, it shall become void and all payments shall be repaid to the Buyer. 22. OTHER PROVISIONS. See attached Addendum. Dated: March 12, 2003 BUYER: 1 TOW.~R PLACE, LL~,__ z'"~ ,'/ its THIS OFFER IS ACCEPTED on March ,2003 SELLER: CITY OF IOWA CITY, IOWA By:. its ADDENDUM TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: CITY OF IOWA CITY, IOWA FROM: 1 TOWER PLACE, LLC RE: UNIT 1D, TOWER PLACE, A CONDOMINIUM, IOWA CITY, JOHNSON COUNTY, IOWA. This Agreement is contingent upon the following: 1. (a) Buye, r obtaining a commitment in writing for a real estate mortgage for not ess than 100% of the purcnase price with note interest at 5%% or less with the term of no less than 15 years. Buyer agrees to pay all customary loan costs. (b) If Buyer have not obtained a written commitment or loan denial on or before April 30, 2003, then Buyer may rescind this Agreement by giving written notice to the Seller that a mortgage commitment has not been obtained and this Agreement shall be null and void. 2. Buyer confirming design and build-out costs to Buyer satisfaction by April 30, 2003. If Buyer has not obtained satisfactory design and build-out costs by April 30, 2003, Buyer may rescind this Agreement by g~v~ng notice to Seller on or before April 30, 2003, and this Agreement shall be null and void. 3. Approval of this Offer by Buyer ownership by duly called and const tuted ownership meeting, such appreval to be obtained by no tater than 10 days after acceptance of this Offer by Seller. 4. Negotiation of a lease with Buyer's proposed tenant on terms satisfactory to Buyer on or before April 30, 2003. 5. Seller shall provide to Buyer copies of all easements and appurtenant instruments affecting the real estate, any covenants of record any easements of record for pub c ut t es roads and highways all COndom num nstruments and documents, including art c es, bylaws, dec aration, and rules and regulations within 10 days of acceptance of this offer by Seller. Buyer shall have 30 days to review and approve the instruments and documents delivered under this subsection. 6. Buyer shall have until April 30, 2003, to negotiate with Seller parking spaces in the parking ramp adjacent to the Real Estate for Buyer's tenant's employee and client parking, in such spaces and locations as satisfactory to Buyer. If any the contingencies are not obtained and completed to Buyer satisfaction within the time frames established above, then Buyer may rescind this Agreement and this Agreement shall be null and void. Dated: I~'lavc~ /~ , 2003 BUYER: 1 TOWER PLACE, LLC Dated: ,2003 SELLER: CITY OF IOWA CITY, IOWA By:. its ~onsensual Dual Agency Auaenoum law mT, aCs this ~ommer~ to ~ ~aa~ ~d ~ u i ~me~ to ~ ~ ~me~) ~k K~r R~LTORS is also ~pe~ntin8 ~e B~r~nam ~ ~ B~'s A~ lo ~ ~ty ~r the ~ Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO. 03-117 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED SECTION 8 ADMINISTRATIVE PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan for administration of the Section 8 Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of an amended Section 8 Administrative Plan that includes updates to the Family Unification Program and Mid- Eastern Council on Chemical Abuse referrals contained in Section 5-2 Preferences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: A. That the update of the Section 8 Administrative Plan be adopted as the policy of the Iowa City Housing Authority effective immediately: B. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 22nd dayof April ~. ,2003. Approved by CITY'CLERK ' City Attorney's Office It was moved by Pfab and seconded by Champion 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: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO. 03-118 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP) WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Admissions and Continued Occupancy Plan (ACOP) for administration of the Public Housing Program; and WHEREAS, the public housing program would benefit from the adoption of the updated Admissions and Continued Occupancy Plan (ACOP) to include the same policies and procedures as the Section 8 Administrative Plan, to the extent permitted by federal regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the update of the Public Housing Admissions and Continued Occupancy Plan (ACOP) be adopted as the policy of the Iowa City Housing Authority effective immediately; and 2. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 22nd payof April ,2003. Approved by CITY'Cf_ERK City Attorney's Office It was moved by Vanden'hoer and seconded by Pf~b 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 Prepared by: Marilyn Kriz, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 03-119 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY DEEDED BODY MEMORIAL SITE, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% 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 10:00 a.m. on the 13th day of May, 2003, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director or 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 Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20th day of May, 2003 or at such later time and place as may be fixed. Passed and approved this 22nd day of.~~3..z::~ Approved by (~ITY~LERK City Attorney s Office Resolution No. 03-119 Page 2 It was moved by 0' Donne11 and seconded by Kanner the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 03-120 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PARK TRAILHEAD PARKING 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, for~n 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 13~ day of May, 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 Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20th day of May, 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 22nd day of ~._g.2..~]~, 2003. yor Approved b: City'Clerk City Attorney's Office Resolution No. 03-120 Page 2 It was moved by 0' Donne11 and seconded by Vanderhoef 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 Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. 03-121 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SCO'I-r PARK TRUNK SANITARY SEWER PROJECT. WHEREAS, notice of public headng on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Scott Park Trunk Sanitary Sewer Project ("Project") which includes installing, upgrading and repairing a sanitary trunk sewer; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property dghts is necessary for the proposed project; and WHEREAS, the City Engineer has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property dghts at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Scott Park Trunk Sanitary Sewer Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Scott Park Trunk Sanitary Sewer Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. 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. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or Resolution No. 03-121 Page 2 easements. 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 rights. The City Attomey is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 22nd day of Apri] ,20 03 MAYOR CITY"GLERK City Attorney's Office It was moved by Vanderhoef and seconded by 0,tDonne]l 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 pweng~es~cottsewer.doc 2/03 Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RES OLUTION NO. 03-122 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND TIlE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGIIT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LUBIN TRUST, AND MOTIF, LTD. d/b/a BO-JAMES FOR A SIDEWALK CAF~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lubin Trust and Motif, Ltd. d/b/a Bo-James, applied for temporary use of the public right-of-way at 118 E. Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this. 22nd day of Apri 1 , 3. MAYOR ATTEST: ~ P~. ~ Approved by: CIT~- CLERK City Attorney's Office Bo-James Sidewalk Caf6 Res Resolution No. 03-122 Page 2 It was moved by Champion and seconded by 0'Donne]l 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 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MOTIF, LTD. dlb/a BO-JAMES, FOR A SIDEWALK CAFg: ON THE PUBLIC RIGHT-OF-WAY AT '118 E. WASHINGTON ST., IOWA CITY, IOWA This Agreement is made between Landowner Lubin Trust, and Tenant Motif, Ltd. d/b/a/ Bo-James, and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public dght of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, Applicant has requested to construct or place: [check applicable box~ ~X~ (a) anchored fencing around the sidewalk caf6 area (allowed March through November); [ ] (b) temporary and removable fencing delineating the sidewalk cafb area (year around); or [ ] (c) both anchored fencing (March - November) and temporary fencing (December - February) as permitted herein; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner Lubin Trust owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: 118 E. Washington St. Iowa City, Iowa; and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. 2. Applicant/Tenant Motif, Ltd. d/b/a Bo-James (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. 2 3. City staff has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Schematic Diagram(s), attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be in compliance with the requirements of City Code Section 10-3-3, Use For Sidewalk Cafes. 4. Based on this review, the City now finds Applicant's proposed use of public right-of-way to be in the public interest, and that it is appropriate to permit Applicant's temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agreement, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. 5. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the wdtten consent of both Parties Io be attached hereto as a formal written Addendum. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 7. Applicant fudher acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant agrees that this agreement shall terminate on January 31, 2004, unless otherwise terminated as provided herein, and the fees due the City shall be prorated on a monthly basis to reflect that this agreement is for a pedod of less than one year. 9. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may adse from the Applicant's use of the public right, of-way arising from this agreement, or which 3 may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 10. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram(s) contained in Exhibit A. Access and egress routes shall be maintained so that crowd management, security, and emergency services personnel are able to reach any individual without undue hindrance. Applicant shall insure that there are minimum seating clearances of thirty-one (31) inches from each table's edge to the wall, stair nosing or other obstruction and fifty (50) inches from the table's edge to table's edge, adding one-half inch of width for each foot that the farthest chair exceeds twelve (12) feet to an aisle or exit. 11. Applicant is required to submit Schematic Diagram(s) in connection with the use of anchored fencing and tables and chairs and/or the use of temporary and removable fencing and tables and chairs. A. Anchored fencing - Applicant shall either remove all outdoor furnishings and equipment when the sidewalk caf~ is not operating, or shall secure them in such a manner that they may not be removed from the sidewalk caf~ area. B. Temporary and removable fencing - The tables, chairs and the fencing delineating the sidewalk caf~ area shall be removed at the end of the day's operation, and the sidewalk shall be restored to its normal condition as a pedestrianway, and no materials shall be stored on the public right of way. 12. Requests for revisions or amendments to this Agreement require submittal cf proposed Schematic Diagram(s) by Applicant and review by City staff, and formal approval by the City Council. 13. Applicant agrees that anchored fencing shall only be installed and removed once in a calendar year, except for repairs which necessitate removal of fencing. Anchored fencing shall not be permitted on the public right-of-way from December through the last day of February of the following year, and anchored fencing shall be removed prior to December. Applicant shall notify the City Engineer at least five (5) business days pdor to the date of installation or removal, specifying the date of such installation or removal, to permit the 4 City Engineer to inspect the installation and removal of the anchored fencing, and to inspect the condition of the right-of-way. Construction of the fencing shall be under the direction and subject to the approval of the City Engineer, Said direction shall consist of inspection of work in progress. Said direction and approval shall not relieve or release the undersigned of its responsibility to construct the fence in accordance with all applicable laws and the approved design. Should outdoor furnishings and equipment, including fencing be stored on the premises, Applicant shall obtain prior approval from the City Fire Department as to such storage and storage location, to insure that such storage does not interfere with ingress or egress, fixtures associated with fire detection and suppression, utility shut-offs or use of mechanical equipment rooms. 14. Applicant acknowledges and agrees that the City, following staff review, may unilaterally modify this License Agreement pertaining to dates for installation and removal of anchored fencing and may limit the dates upon which anchored fencing may be permitted on the public right-of-way. 15. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove a~l equipment, furniture and/or other objects from the City's right-of-way. In the event Applicant does not comply within the time period designated in the wdtten notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner. Upon nonpayment of said charges, the removal costs may be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12 (2)(e), Code of Iowa (2001). 16. In the event the fencing is removed from the area for any reason including repairs, the right-of-way area and sidewalk must be restored to its original condltlon by the applicant and/or landowner, or under such standards as promulgated by the City Engineer, The applicant and landowner shall be responsible for any damages to the sidewalk caused by the placement of the anchored fencing and/or platform. A deposit of $200 shall be required prior to the placement of the anchored fencing, and shall be returned when the sidewalk is restored to its prior condition as determined by the City Engineer. If the landowner/applicant fails to restore the sidewalk to its prior condition or to the standards promulgated by the City Engineer, the City may do so and apply the deposit to the cost thereof. 17. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hou¢' specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 18. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this __ day of ,2003. CITY OF IOWA CITY, IOWA APPLICANT/TENANT ~ By By _ Ernest W. Lehman, Mayor ~ By. Attest: Madan K. Karr, City Clerk By APPLICANT/LANDOWNER Approved by: City Attorney's Office 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) JOHNSON COUNTY ) ~ day of ~ -,~.- ~' ! ,2003, before me, the undersigned, a Notary On this Public in and for the State of lowa, personally appeared ~.-~ ~-~ ~.Cz~ ~. ~*,~.~ ,tome personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Pub~n and for the ~tate of Iowa My commission expires: //-~, -~ ~) APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) SS; JOHNSON COUNTY ) On this ~ day of O~ ~ 1"' ~ ~ , A.D. 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .~ ~_,~. t~ ~. ~_ ~/-, .~ and , to me personally known, who, being by me duly sworn, did say that they are the .~ r ~' ~ ~_~_ w_'~ and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ~.C~..'I,_ ~. C~ ~-/ and t~¢_5 i'~/.~,~- 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. No~ [3-ublic in and for the State of Iowa M~ff'Commission expires: //-/~ -~ ~ 7 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT ('Individual) STATE OF IOWA ) ) ss; JOHNSON COUNTY ) On this day of ,2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of 4,/:2~"! '/ ,A.D. 2003, before me, the undersigned, a Notary~Public in and for the State of Iowa, personally appeared and,~cR','V /')/. /4~,~A/Cg' . to me personally known, who, being by me duly swom, did say that they are the c:~/'~/~'~. ~2,1'-~/31~//~n~ and~qn4~', ~, ~ "7-'/7~/J'/-/~/-/~)~.~..~spectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corpor~ion by authority of its Board of Directors; and that the said . /),q/~/' ~.~k-" and ~J~(;/~A2 J~, ~/-X)/~' 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. ! .~.' ! ay c~.. ~., ~1 NcJt~ry Public in ald;for t~e ~tate of Iowa · ' --' My Commission expires: ///.-~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA JOHNSON COUNTY On this day of , 2003, before me, , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor 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 Resolution No. passed by the City Council on the day of ,2003, and that Ernest W. Lehman and Marian K. Kart 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. Notary Public in and for the State of Iowa My commission expires: Revised 3/14/02 LegaFAndy/Agreement/Sidewalk Cafe Template (~) EXSTI~. PORCH P-,NL ELEVATION NEW SEATING PARTIAL PLAN ~ A 1 ~ ! ~ l J BC~IAMES RESTAURANT SET Prepared by Linda Kopping, Senior Center Coordinator, 28 South Linn St., Iowa City, IA 52240 (319)356-5225 Resolution No. CONSIDER A RESOLUTION TO ADOPT THE COMPREHENSIVE SET OF RECOMMENDATIONS AND SCHEDULE OF MEMBERSHIP FEES, OUTLINED IN PLANNING FOR CHANGE: FY04 FUNDING, OPERATIONAL AND PROGRAMMING CHANGES AT THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER, THAT WERE DEVELOPED AND APPROVED BY THE SENIOR CENTER COMMISSION. Whereas, Johnson County elected to terminate the 28E Agreement with the City of Iowa City that was executed in 1981 and that provided for the County to contribute financially to the operation of the Senior Center and; Whereas, Johnson County elected to reduce the amount of operational funding for the Senior Center from 20% of the total operational budget as provided for in the 28E Agreement (approximately $135,400 in FY04) to a FY04 grant of $75,000 and; Whereas, the Senior Center Commission was directed by the Iowa City City Council to develop a comprehensive set of recommendations that would address the budget deficit without increasing the financial obligations of Iowa City and; Whereas, the Senior Center Commission wished to resolve the financial deficit without eliminating services or jeopardizing the Senior Center's national accreditation through the National Council on Aging and; Whereas, the Senior Center Commission believes that a variety of budget reductions, fundraising, and programming modifications, as well as participant cost sharing through memberships fees for access to Senior Center sponsored programs and services, are appropriate methods for resolving the budget deficit and expanding participation; Whereas, the Senior Center Commission at its March 24, 2003 meeting approved the comprehensive set of recommendations outlined in Planning for Change: FY04 Funding, Operational and Programming Changes at the Iowa City/Johnson County Senior Center, a copy of which is attached and; Whereas, it is in the public interest to for the Senior Center to maintain and expand services to the community and to maintain its national accreditation status. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached comprehensive set of recommendations and schedule of membership fees outlined in Planning for Change: FY04 Funding, Operational and Programming Changes at the Iowa City/Johnson County Senior Center be adopted. Resolution No. Page 2 Passedand approvedthis day of ,20.__ MAYOR Approved by AFl'EST: %- Ir-'C 3 CITY CLERK City 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 wlxtata~srctrh'esXadoptplan.doc PLANNING FOR CHANGE PROPOSAL Summary Planning for Change: FY04 Funding, Operational and Programming Changes at the Iowa City/Johnson County Senior Center Approved By: Senior Center Commission Iowa City/Johnson County Senior Center March 24, 2003 In 2002, when the Johnson County Board of Supervisors announced a decision to reduce county funding for the operation of the Center, members of the Senior Center Commission recognized the situation as both a crisis and an opportunity. The crisis involved a need to quickly develop short and long-term financial plans that would reduce spending and generate enough revenue to balance the Center's current and future operational budgets. The opportunity in this situation was the chance to participate in a thorough evaluation of the Center's operations and programming and recommend changes that would bolster participation and contribute to the Center's on-going success. While Commissioners had participated in numerous planning and goal setting sessions in which ideas for change had been discussed, substantive action had yet to be taken. Johnson County's decision to reduce operational funding for the Center proved to be the impetus necessary to take a serious look at planning and implementing changes for the future. Over the past several months Commissioners have met with staff, participants, Center advisory committee members, consultants, and well-known experts in the field of aging in order to participate in discussions focusing on the Center, its funding, and its future. After giving careful consideration to all of this information, members of the Commission have endorsed the following list of recommendations. Purpose of the Center 1. To promote wellness, community involvement and personal growth among people 50 years of age and older through individual and group activities and services designed to respond to their needs and interests. 2. To serve as a community resource for information on aging and aging services, for training of professional and lay leadership, and to facilitate research in the field of aging. Financing 1. The goal of the financial plan is to maintain, and eventually expand, resources that support continued accreditation status by the National Council on the Aging. Resources include current levels of staffing, programming, services, and building maintenance. PLANNING FOR CHANGE PROPOSAL 2. Financial Plan A. Operational Budget Reduction Strategies 1. Approved a $44,630 reduction in the operational budget for fiscal year 2003. This included decreases in staff and computer support, delays in planned facility improvements, and sharp cutbacks in the publication and mailing of the Center's monthly newsletter (See Appendix A). 2. Submitted an operational budget for fiscal year 2004 that included an additional $8,395.00 reduction in spending. Specifically, the final (reduced) budget for fiscal year 2003 was $685,424.00 and the proposed budget for fiscal year 2004 totaled $677,029.00. 3. Continue efforts to reduce operational budget costs through cost saving measures and improved efficiency. B. Short-Term (3 Year) Strategies The short-term plan will address immediate needs for operational funding. 1. Action Steps a. Solicit a commitment from the City Council of Iowa City to fund 80% of the approved operational budget. b. In February 2003, the Johnson County Board of Supervisors decided to discontinue their long-term practice of providing a fixed percentage of the Center's operational budget. Rather, they have indicated that they will provide financial support in the form of annual grants. Next fiscal year, the grant will be for $75,000. In subsequent years this amount may be more, less or nothing at all. In light of this decision by the Board of Supervisors, the Commission recommends submitting an annual grant application to Johnson County for funding consideration c. Implement participant cost sharing through a basic membership fee. d. Encourage members to become Contributors by making an additional tax-deductible donation in conjunction with their annual membership fee. e. Initiate a participant and community-based pledge program to support the operational costs of the Center. Participants in the program will agree to donate a specific amount of money annually in fiscal years 2004, 2005, and 2006. It will be understood that a pledge is not in lieu of a membership fee. f. Collect fees from after hour and weekend building rental. g. Encourage voluntary contributions by participants and community members. h. Seek business support for special programs (e.g. a fund to pay membership fees for Iow-income elderly). C. Long-Term Strategies The long-term strategies are intended to generate revenue that will provide a financial cushion for the future and any unexpected expenses that may occur. Significant funding from any of these sources may take 18 months or more to produce. PLANNING FOR CHANGE PROPOSAL 1. Action Steps a. There will be a focused annual membership drive with the goal of increasing total membership by 5%, 10%, and 10% in fiscal years 2005, 2006, and 2007 respectively. b. Encourage businesses to fund specific projects or items in the operational budget (e.g. printing and mailing cost of the newsletter). c. Secure grant support through local and national agencies and foundations. d. Establish partnerships for comprehensive programs funded by several businesses and agencies. This may include contractual agreements with businesses or service providers interested in providing services at the Center (e.g. the Center provides programming space and a local fitness facility provides equipment and instruction). e. Establish a Center Foundation. Membership Benefits and Fees A. Open Participation 1. Participation in any of the following Center activities is free, available to ail members of the community, and does not require a paid membership at the Center. a. Access to and use of all public areas of the building (e.g. the lobby, library, and ground floor Washington Street waiting area). b. Participation in services and programs sponsored by any in-house agency (e.g. congregate dining, Visiting Nurse Association, AARP, Elder Services, Inc), the Senior Center, community groups, or individuals that are open to the public. c. The Center's newsletter available for pick-up at the Center and other distribution sites. d. Use of services provided through the Volunteer Attorney Program, Volunteer Income Tax Assistance Program, and the Senior Health Insurance Information Program. e. Documented participants in the congregate dining program offered at the Center will be eligible to participate in the Center's discounted parking program without becoming a member of the Center. B. Annual Center Memberships 1. The Commission endorses the implementation of an annual Center membership fee. 2. Memberships are available to persons 50 years of age and older. 3. To ensure the participation of Iow-income elderly a discreetly managed Iow-income subsidy program will be implemented. 4. A discounted membership program will be offered to families interested in purchasing Center memberships for two or more people from the same dwelling unit. PLANNING FOR CHANGE PROPOSAL 5. The membership fee program will be evaluated after a period of one year to assess its success in generating revenue to support the operation of the Center. 6. Membership fees will not be waived for people enrolled in a class, group or activity that has an equipment, material, or instructional fee associated with participation. 7. People visiting the Center only to perform volunteer service for the Center will not be required to pay a membership fee. 8. Participants living in cities or areas that provide operational funding for the Center will pay a lower annual membership fee than participants living in areas that do not support the Center financially. Annual individual membership fees of $25, $40 and $60 are being recommended for residents of Iowa City, non-Iowa City Residents of Johnson County and non-residents of Johnson County respectively. (See table below) 9. In the family membership program one family member pays the full price for membership while each additional family member is eligible for a 40% discount. For example, a lwo-member family living in Iowa City would pay $41 annually ($25 for the first person and $15 for the second). As with individual memberships, family membership fees will vary according to place of residence. (See table below) Individual $25 $40 $60 Family $15 for each $24 for each $36 for each additional family additional family additional family member member member 10. All members are eligible for the same membership benefits. 11. Benefits of Membership a. Opportunity to enroll and participate in Center sponsored classes, class series, and programs. b. Access to, and use of, freestanding exercise equipment room, ceramics studio, painting studio, poolroom, and computer lab. C. Participation in Center sponsored activities, volunteer activities, and card groups. d. Home delivery of the Center's newsletter. e. Opportunity to participate in the Center's discounted parking program. 12. Membership does not guarantee that a person will be able to participate in a specific class. Enrollment in all Center sponsored classes will be on a space available basis with registration taken on a first-come-first-served basis. 4 PLANNING FOR CHANGE PROPOSAL Center Contributors 1. Members will be encouraged to become Center Contributors by donating funds in addition to their basic annual membership fee. 2, Membership at the Center is not required to become a Center Contributor. Non- members, organizations and businesses also are welcome to participate in this program. 3. Members do no__~t need to become a Center Contributor in order to enjoy the full benefits of membership. 4.Alt donations to the Center Contributors program are tax deductible. 5. Donations to the Center Contributors program will be used to support the operational expenses of the Center. 6. Each Center Contributorwill be acknowledged and recognized according to the amount of his or her contribution on an annual basis. The following levels of contribution are being recommended: Contributor $1 to $74 Bronze Contributor $75 Silver Contributor $150 Gold Contributor $250 Platinum Contributor $500 Supporting $1000 Contributor *All the Center Contributor levels noted on this table reflect annual donations irrespective ora membership fee. The entire amount is tax-deductible. Programming 1. Staff and volunteers will work together to develop and implement series of classes and programs offered on a semester er trimester basis. 2. Programming will target the interests of current participants as well as younger and mid-age retirees who currently are less frequent users of the Center. 3. When possible off-site locations will be used to enrich programming (e.g. a class on local theater held backstage at the Englert Theater or a fitness class held in a city recreation center). 4. As funding and staffing permit, operational hours will be extended to early mornings and evenings on weekdays as well as Saturday mornings. PLANNING FOR CHANGE PROPOSAL 5. Programming Components A. Staff Developed Special Events 1. They will be offered, nine to twelve times each year, and will be free and open to the public. These programs will provide socialization and entertainment opportunities. B. Fitness Programming 1. Fitness programming will be emphasized. 2. Efforts to secure funding to expand the Center's exercise facilities and add a fitness professional to the staff will be given high priority. 3. Efforts will be made to develop collaborative relationships with other agencies and services that provide fitness or health services in order to advance knowledge in the field of aging, enrich class offerings, and avoid duplication of services. C. Volunteer Programs 1. Volunteer program(s) that emphasize community service will be implemented. They will address high priority local needs, have measurable outcomes that can be acknowledged, and cultivate the recognition of seniors and the Center as valuable community resources. 2. Existing volunteer programs will undergo a critical evaluation exploring such issues as participation levels, community interest, use of space, service provided, and if relevant, revenue generated. They will either be modified to better meet the needs of participants, community members and Center, or they will be eliminated. 3. Developing a cooperative relationship with the Retired Senior Volunteer Program will be explored. D. Classes and Class Fees 1. The Center shall offer three categories of classes. In all instances, a membership at the Center is required for pa/~icipation. a. Free Classes The majority of staff developed classes will be free of charge. Typically, free classes are taught by volunteer instructors and require very little in terms of such things as staff support, audiovisual equipment, or materials. b. Equipment and Material Fee-Based Classes These fees cover the actual costs associated with sponsoring the class. They pay for supplies, equipment replacement costs, and miscellaneous expenses. These fees are not intended to generate operational revenue. They are collected by the Center, maintained in the Gift Fund, and used to pay class expenses. PLANNING FOR CHANGE PROPOSAL C. Classes Provided by Independent Contractors Independent contractors have access to Senior Center facilities for the purpose of offering classes of interest to people 50+ years of age. They will pay the Center 25% of the gross class revenue as compensation for the use of space and equipment. This revenue will be used to support the programming costs of the class and other similar classes. Miscellaneous Considerations 1. Marketing A. Commissioners favor changing the name of the Senior Center and have given high priority to setting up a task force to pursue this matter. B. Commissioners endorse the exploration of alternative options for printing and mailing the Center's newsletter in order to reduce costs and increase its visual appeal. C. Other marketing efforts, e.g. webpage development, public service announcements, and special mailings, will be explored. PLANNING FOR CHANGE PROPOSAL Timeline The timeline approved by the Commission for this transition in funding and programming is as follows: Senior Center Commission Approve draft of plan January 21,2003 Meeting Staff or Commissioners meet Review draft of plan and receive January 21 to February with Center Advisory Group feedback. 10, 2003 Members Senior Center Commission Review advisory committee feedback February 18, 2003 Meeting and revise draft plan as needed. (Regular Meeting) Staff Publish summary of draft plan in the March 1,2003 Post and on the Center's Website. Senior Center Commission Review draft plan with City Manager. March 4 to March 10, and Staff 2003 Public meeting(s) at the Center and one or two community based focus groups to review and make recommendations related to the draft of the plan. Review all recommendations and revise draft plan as needed. Senior Center Commission Consider participant community and March 18, 2003 Meeting administrative input and revise draft (Regular Meeting) plan as needed. Vote on the proposal. If not approved, the plan will be reviewed, modified and resubmitted for further consideration and another vote. This process will be repeated until a final draft is approved. Senior Center Commission Presentation of the final plan to the March 19, 2003 Johnson County Board of Supervisors for review and to the City Council of Iowa City for final approval. Staff Implement a pilot program July 1,2003 to August incorporating the financial and 31,2003 programming recommendations of the Commission. Staff Full implementation of all changes. September 1,2003 Appendix A PLANNING FOR CHANGE PROPOSAL FY03 Budget Reduction Recommendations and FY04 Revenue Generating Options Approved by: Senior Center Commission April 23, 2002 FY03 Recommendations ConSequences Type Amount 6130 Temporary Employees Reduction of 3 hours/week in temporary employee support for SCTV. Permanent $4,640 > Reduction in the current level of original and taped programming. } Increase reliance upon Work Study students for technical support. Typically Work Study students are less capable and reliable than part time temporaries. ~' Decrease availability of volunteer training and a reduction in the amount of support necessary to get programming on the air. } Community outreach achieved thxough public access television would be reduced. 8750 Work Study 75% reduction in Work Study funding. Remaining balance used to provide support for Permanent $3,000 SCTV. } Limit support necessary to get SCTV programs on the air. ~ Limit support necessary to get SCTV's programs on the air. ~ Reduce the amount of original and taped programming and community outreach currently done by SCTV. ~' New volunteer training would be reduced. } Professional staff members will spend more time on tasks that can be accomplished just as well by people with less trsining and background. } Work output of the professional staff members will decline. Appendix A PLANNING FOR CHANGE PROPOSAL FY03 Recommendations Consequences Type Amount 6120 Permanent Part Time Combining the two permanent part time maintenance positions (one at 50% and the other at Permanent $5,941.12 (w/ 69%) to one full time position. Cable TV would continue to be provided with (and fund) health 1.5 hours of maintenance work each weekday, insurance option) ~' Reduce maintenance support at the Senior Center by 1.5 hours a day. $6,905.47 ~ Limit flexibility for maintenance coverage due to illness or vacation. (w/o health option) 8229 Bulk Mailing Limit Post mailing to registered members only (N=2,500). Make copies of the Post Permanent $6,960 available at various places throughout town for people to pick-up as desired. Represents a 3,500 per month reduction in circulation. (Estimated) ~' The Post is the primary promotional tool of the Center and it would have less visibility throughout the community. ~ Participation in Senior Center programming is likely to decline. 8168 ADA Services It will be difficult to provide signers if needed. Permanent $500 8823 ITS Server Support None known. The server will probably be removed before July l, 2002. Permanent $5,589 9210 Capital Improvements Delay installation of the elevator fire alarm system until FY04 Temporary $18,000 Elevator Fire Alarm Total FY03 Reductions: $44,630.12 Marian Karr From: cha rlottewalker@webtv, net Sent: Monday, April 07, 2003 11:02 AM To: Steve-Atkins@iowa-city.org; cou nc[l@iowa-city.org Cc: nroamer@aol.com; rbignellic@iowacity.gannettcom; charlottewalker@webtv.net Subject: Senior Center Vs the Rec Center Rewrite-- excuse error in first copy (please disregard the previous version that was sent a few minutes ago. It contained a rather glaring proof reading error.) To Mr Atkins and City Council Members: I would like to know why a membership fee is being considered for the Senior Center and not at the Recreation Center? Both the Rec Center and the Senior Center have paid and free activities. Though seniors are welcome at Rec Center, there is little attention given to older people there. This separation has worked nicely since many senior citizens may feel more secure at the Senior Center than at the Rec Center. To charge a membership fee at the Senior Center and not at the Recreation Center seems to point pretty close to age discrimination. Yesterday I looked through the Rec Center's latest catalog. Here are the free activities that I noticed on a quick review. There could be others. at the Robert E Lee center: 1. roller skating on Saturday -- skates provided 6-10pm 2. Drop in volleyball -- Friday evenings 6-10pm, minimum of 6 players 3. Game room ($1.00 deposit, ID required, deposit returned when equipment is returned) M-F 10am to 10pm Sat. 9am to 10pm Sun. 1-9pm (pool, table tennis, foosball, bumper pool tabled and various table games available) 4. Gym youth open play -- M-F 3:30-6pm Adult open play-- M-F ll:30an-l:30pm 5. Weight/exercise room 6am-10pm on M-Sat, 6am-9pm on Sun. 6. Water colors in the craft room: Thursdays 9-11am Jan 16-May 29 except on school holidays Then there is the Scanlon Gymnasium on Bradford Drive. Its free activities include: am walkers, drop in volleyball, Game room and fitness room -- none require a fee. They also have No School/spring break activities that begin at noon, which also includes Flay station 2 and XBox for teens. Scanlon gym also has a free teen club for after school on MWF from 3:20 to 5:30pm -- pool table, music, and PS2 and XBox. Tennis is also available at Scanlon, rackets and balls are provided, one 1 day at a time. There is a deposit of $10 which is returned when equipment is turned back in. Tennis is available during the facility hours. Special Olympics Basketball skills and team basketball, 6-Spm Jan 21-March 11 -- no fee. If the Senior Center imposes a membership fee, very little will be available to those who do not pay. Even the tiny space now given to the card players and the small pool table room will be off limits to non-members. Also the free classes at the center will exclude those without a paid membership. This whole cost saving ordeal that has lingered on way too long is overlooking other solutions that would not require a membership fee. But if a membership fee is considered necessary for the more compliant senior citizens, to be fair there should be an equal fee charged at the Rec Center. Attention should be given to the fact that though the Senior Center Commission has been saying that there will be a "discreetly managed low income subsidy program" related to the membership fee, none exists now. The waiver plan should be in writing and carefully reviewed prior to granting approval for the membership fee. Either there is a plan or there isn't one. That plan should be compared to what is used at the Rec center. It may be time to review the Rec center waiver plan also. Finally there has been talk of a "high priority task force" to study whether the word "Senior" should be removed from the title of the Senior Center. The Commission has already given their approval for excluding the word since they consider it to have a negative effect on their programs. This is an outrageous idea that comes mainly from the outside organization that profited from the expensive and wasteful Accreditation scheme. I learned this morning that this "high priority task force" has not been formed yet. I assume that the task force will be formed before the name change is approved by the City Council. Thank you for your time. Charlotte Walker member of the Johnson County Task Force on Aging THE HERITAGE JOHNSON COUNTY TASK FORCE ON AGING April 21, 2003 Mayor Lehman and Iowa City City Councilors: The Heritage Johnson County Task Force on Aging requests an opportunity to present our proposal for the future oftbe Senior Center. As we look at your agenda for Tuesday, April 22na, we question whether there will be an opportunity for real dialogue and thoughtful consideration. We would hope that a time could be set in the near future for us to discuss with you our rationale for our proposals. Attached you will find a brief outline of our major proposals. We look forward to the opportunity to discuss these ideas with you. Bob Welsh, Chair Pat Ephgrave,"Vice-Chair THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER PLANNING FOR CHANGE April 21, 2003 The Heritage Johnson County Task Force on Aging believes that the Senior Center is a vital focal point for services to, and activities for, the seniom of Iowa City and Johnson County. We envision the Senior Center as being: 1 A primary focal point for services and life-enriching experiences for the seniors of Iowa City and Johnson County. 2. A hub of activities, recognizing that other community facilities can and should be utilized. 3. A warm and friendly facility in which the seniors have a sense of belonging. Let us share specific approaches that we believe would bring this vision into reality. 1. We favor retaining the name "Senior Center." This does not exclude its use for intergenerational activities and groups that serve other populations. 2. We support a modest membership fee in order to obtain the widest possible membership base and at a level causing hardship for none. We support a $10 membership fee that would give seniors a sense of belonging and entitle them to vote at an annual meeting.. Membership fees should not be required for those who wish to volunteer or play cards. 3. We are convinced that an aggressive membership drive and a vigorous tax deductible contribution fired drive will make up the projected deficit and lay a foundation for the future. 4. We support class fees being kept to a minhnun~ We support a higher class fee, rather ~.an a higher membership fee, for those living outside of Iowa City. 5. We are convinced that a wide range of agencies, organizations and individuals can, and would provide services and activities for seniors at the Center. This is a culturally rich community and many if encouraged would provide varied, helpful and entertaining experiences, at no cost to the participants. The Center is too valuable a resource not to be open more to the conmaunity. __ P~e2 6. We have two caveats regarding programming: One, we are concerned that the increased emphasis on physical fitness equipment might be a duplication of services and competition with commercial ventures. A balanced program is imperative. Two, Elder Services, as subcontractor with Heritage for the nutrition program, is required by the Older Americans Act to provide socialization activities as a part of the nutrition program, However if activities are limited to Senior Center members, then Elder Services will need to provide those eating a recreational and educational program, causing confusion and duplication. 7. We recommend that it is a part of the staffrespousibility to be involved with and ~o have direct contact with the seniors and community organizations and businesses. A 27% increase in the number of seniors over 55 in the last 10 years, the growth and development of community centers in other cities, plus the development of assisted living facilities, together offer a unique opportunity and challenge. The Heritage Johnson County Task Force on Aging is committed to developing a strong and wide-based membership and to help all parties address how best to provide services to seniors. _~ \~ Page 1 ofl Marian Karr From: Lee McGovem [bouldinmcgov@msn.com] Sent: Monday, April 21,2003 10:05 AM To: cou ncil@iowa-city.org Cc: Eve; JuneB; Walker Subject: June Braverman's e-mail & Charlotte Walker e-mail I hope the City Council will look closely at these e-mails as they are thoughtful and important to our community. Lee HcGovern, 606 E. Jefferson, Iowa City, Iowa...319.621.5916 Get more from the Web. FREE MSN Explorer download: h_~tp://explorer, msn.com 4/21/03 Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 03-123 RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR ARCHITECTURE OF PLAZA TOWERS LOCATED ON BLOCK 64-1A. WHEREAS, the applicant, Marc Moen has filed an application for the design approval of the exterior architectural design of "Plaza Towers" located on Block 64-1a; and WHEREAS, given that the project consists of new construction on an urban renewal pamel that is subject to Iowa R-14, Title 14, Chapter 4, Adicle E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on fi~e in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior architecture of "Plaza Towers" located on Block 64-1a be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 22nd day of Ap'i 1 ,2003. Approved by ClT~-CLERK - C~y ~,ttorney's Office Resolution No. 03-123 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum