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HomeMy WebLinkAbout2009-08-18 ResolutionM~ 2d 1 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-272 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 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on August 31, 2006, the owner of 1220 South First Avenue executed a Second Mortgage in the amount of $33,750 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the loan was fully paid on July 31, 2009; WHEREAS, the owner also executed a Resale Agreement on August 31, 2006; WHEREAS, the owner has met the obligations contained in the Resale Agreement; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 1220 South First Avenue, Iowa City, Iowa from the Mortgage recorded on September 1, 2006, at Book 4077, Page 840, at the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation and to record said certified resolution with the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this 18th day of August , 2009. ATTEST: CITY ERK City Attorney's Office S Resolution No. 09-272 Page 2 It was moved by Wilburn and seconded by Chamui on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1220 South First Avenue, Iowa City, Iowa, and legally described as follows: Beginning at a point 225 feet east and 45 feet south of the northeast corner of Lot 3, Block 9, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence south 65 feet, thence west 168.15 feet, thence north 65 feet, thence east 168.10 feet to the point of beginning, from an obligation of the property owner, Victoria Eastling, to the City of Iowa City in the principal amount of $33,750 represented by a Second Mortgage recorded on September 1, 2006, at Book 4077, Page 840, at the Johnson County Recorder's Office. These obligations have 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 documents. CIT F IOWA CITY, WA By: R a .Bailey, Mayor By: arian K. Karr, City Clerk Approved by ~~~~- ~ _ ~ r~~c City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~ ~ day of ~~C~usr- , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. a SONDRAE FORT 5~~~ ~~ _ ~ Commission Number 159791 • My Commiss~n ices Notary Public in and for the State of Iowa w 08-18-09 `~~ 2d 2 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09- ~ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on July 31, 2009, the owners of 1220 South First Avenue executed a Second Mortgage in the amount of $31,250 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the home; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. 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 to the attached Resale and Occupancy Agreement. Passed and approved this 18th day of August , 2009. ATTEST: ~~~ Cfa~ CIT LERK City Attorney's Office It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~- Champion x Correia X Hayek x O'Donnell ~- Wilburn x Wright RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA This Agreement is made between Amy Douthit, a single individual (hereinafter "Buyer"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein she offered to purchase from Victoria Eastling the following-described real property located in Johnson County, Iowa: Beginning at a point 225 feet east and 45 feet south of the northeast corner of Lot 3, Block 9, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence south 65 feet, thence west 168.15 feet, thence north 65 feet, thence east 168.10 feet to the point of beginning, with a street address of 1220 South First Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on August 23, 2006, the City sold the property to Victoria Eastling through the Tenant to Ownership Program; and WHEREAS, as a condition of said sale, Ms. Eastling and the City entered into a Resale and Occupancy Agreement whereby Ms. Eastling agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyer with a $31,250.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as anincome-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyer hereby agrees and covenants that the property shall be owner occupied by Buyer until at least August 23, 2021, (15 years from the date of the first sale) or until such time as the property is resold. If the property is resold, Buyer hereby agrees and covenants that she shall comply with the remaining provisions of this agreement. 2. If Buyer pays off the second mortgage to the City in full prior to August 23, 2021, the property shall remain owner occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 2 3. Prior to August 23, 2021, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $31,250.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to August 23, 2021, the property must be sold to anincome-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as anincome-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to August 23, 2021, she must immediately notify the City of her intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to August 23, 2021, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years Buyer occupied the property prior to resale according to the schedule attached hereto as "Exhibit A". 9. If resale of the property occurs prior to August 23, 2021, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fails to make mortgage payments for any reason, Buyer must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property 3 11 from the date of this Agreement to the time of resale. At the City's option, Buyer will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. If resale of the property occurs prior to August 23, 2021, Buyer acknowledges that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until August 23, 2021. 12. This Agreement shall bean "obligation" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this ~8 day of ~ uC~us~' BUYER By: By: Am outhit Attest: 2009. CITY OF IOWA CITY, IOWA R is D. Bailey, Mayor ~`C - Marian K. Karr, City Clerk 4 EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 20 4 30 5 40 6 50 7 60 g 60 g 70 10 80 11 90 12 100 "`~~ za s Prepared by: Liz Osborfie, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-.5246 RESOLUTION NO. 09-?74 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on August 9, 2007, recorded on August 14, 2007, in Book 4204, Page 88 through Page 93, in the Johnson County Recorder's Office covering the following described real estate: Commencing at the Northwest corner of the SW'+ of Sec. 13. Twp. 79 N., R. 6 West of the 5"' P.M.; thence South along the West line of said Sec. 13, 160 feet to the place of beginning; thence South 8,0 feet; thence East parallel to the North line of the SW/, of See. 13, 162Y feet; thence North and parallel to the West line. of said Sec. 13, 80 feet; thence West 162Y feet to the place of beginning, except the West 37Y feet thereof used for public street and also except any portion of the above described real estate conveyed to the City of Iowa City, Iowa by deed recorded in Book 2237, Page 261, said conveyed real estate described as follows: the westerly 1.00 foot of the following real estate described in Deed Book 233, Page 291, in the Johnson County Recorder's Office: Commencing at the Northwest corner of the SWY. of Section 13, T79N, R6W,of the 5{" P.M., thence South along the West line of said Section 13; 240 feet; thence East parallel to the North line of the 5W'+ of said Section 13, 145 feet,• thence North and parallel to the West line of said Section 13, 240 feet to a point on the North line of the S W/, of said Section 13; thence West 145 feet to the place of beginning, except the North 40 feet thereof which is used for public highway and except the West 37Y feet thereof also used for public street, and except the South 120 feet of the North 160 feet. WHEREAS, Hills Bank and Trust is refinancing a mortgage to the owner of 1010 S. First Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust, has.requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Iowa City, Iowa. Resolution No. Page 2 09-274 Passed and approved this 18th day of AuQUSt , 20~-• ATTEST:- ~lY`C s CIT -LERK City Attorney's Office It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion ~_ Correia x Hayek x O'Donnell X Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 125 000, and was executed by Builders of Hope Global Village, Inc. (herein the Owner), dated August 9, 2007, recorded August 14, 2007, in Book 4204, Page 88 through Page 93, Johnson County Recorder's Office, covering the following described real property: Commencing at the Northwest corner of the SW'/< of Sec. 13. Twp. 79 N., R. 6 West of the 5'h P.M.; thence South along the West line of said Sec. 13, 160 feet to the place of beginning; thence South 8,0 feet; thence East parallel to the North line of the Sthr/+ of Sec. 13, 162Y feet; thence North and parallel to the West lihe of said Sec. 13, 80 feet; thence West 162Y= feet to the place of beginning, except the West 37Y feet thereof used for public street and also except any portion of the above described real estate conveyed to the City of Iowa City, Iowa by deed recorded in Book 2237, Page 261, said conveyed real estate described as follows: the westerly 1.00 foot of the following real estate described in Deed Book 233, Page 291, in the Johnson County Recorder's Office: Commencing at the Northwest corner of the SW/+ of Secfion 13, T79N, R6W.of the 5~" P. M., thence South along the West line of said Section 13; 240 feet; thence East parallel to the North line of the SW/ of said Section 13, 145 feet; thence North and parallel to the West line of said Section 13, 240 feet to a point on the North line of the SW'/. of said Section 13; thence West 145 feet to the place of beginning, except the North 40 feet thereof which is used for public highway and except the West 37Y feet thereof also used for public street, and except the South 12'0 feet of the North 160 feet. WHEREAS, the Financial Institution proposes to loan the sum of $ $7,rJ~.~ 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 Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage 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 4. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this I ~ day of ~u6uS'r' , 20 °~" _• CITY OF IOWA CITY By Attest: d/ ity rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By -~ 3•`r y r ov i v~~ (~,pw~rrutl~ C t~1 ~ow.ki wJ O~'~~" On this f a day of ~A~ cru sr , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , ~ .a and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say at they are the Mayor and City Glerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. off-- a~ 4 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the - 8 day of •f~ucac.~ s-~-' , 20 c~, ~, and that a -O and Marian K. Karr acknowledged the execution of the instrumen to be their voluntary ct and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT Sa-Y,d`^~. 1~~ _ ~ Commission Number 159791 • My commission Expires Notary Public in and for the State of Iowa ow LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 1h On this ~_ day of ,~u~~ , 20 ~9 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared S~.Y' ~~ m • QrOV i h to me personally i.~f own, who being by me duly sworn, did say that he/she is the Got,r-rwerc 13ouwki-y ~,"+rKS that said instrument was signed on O f~F i car of ~}i 11s ~k ~ '~' ~ • behalf of said corporation by authority of its Board of Directors; and that said ~e,rtw+-y t1'1. Qrovin acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. 4~. ~s KA ITIT E MILLER Notary ublic in and for the State of Iowa _~ Commisslan Number 736955 ~ °" r~ My Commission expires: ~ 34 ZO~J M'6 2a a Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 09-275 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 37 COLWYN COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and Deed Restrictions, executed by the owners of the property on March 27, 2009, recorded on April 2, 2009, in Book 4415, Page 647 through Page 648, in the Johnson County Recorder's Office covering the following described real estate: Lot 37 Colwyn Court, Idyllwild Condominiums, Iowa City, Iowa, according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records of Recorder of Johnson County, Iowa. WHEREAS, the Retention Agreements and Deed Restrictions reflects the provisions of the state Jumpstart program, through which the owners received flood rehabilitation assistance; and WHEREAS, Hills Bank and Trust has refinanced a mortgage to the owner of the property located at 37 Colwyn Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and Hills Bank and Trust will be providing no additional funds to the owner; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, the subordination will not change the City's current position, that is it will remain is second position and inferior to the owner's primary lender. 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 SUBORDINATION AGREEMENT BETWEEN THE City of Iowa City and Hills Bank and Trust, Hills, Iowa. Passed and approved this 18th day of August , 20 09 Resolution No. Page 2 09-275 ATTEST: CI LERK Approved by FS'- ~ -C1C City Attorney's Office It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia ~_ Hayek ~_ O'Donnell x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Hills. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Retention Agreements and Deed Restrictions which at this time is in the amount of 58 968.03, and was executed by Charles L. Eastham and Karen J. Fox (herein the Owners), dated March 27, 2009, recorded April 2, 2009, , in Book 4415, Page 647 through Page 648, Johnson County Recorder's Office, covering the following described real property: Lot 37 Colwyn Court, Idyllwild Condominiums, Iowa City, Iowa, according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records of Recorder of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $181,500 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 Retention Aqreement and Deed Restrictions 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 Retention Aqreement and Deed Restrictions 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 Retention Aqreement and Deed Restrictions of the City. SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Hills. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Retention Agreements and Deed Restrictions which at this time is in the amount of 181 500, and was executed by Charles L. Eastham and Karen J. Fox (herein the Owners), dated March 27. 2009, recorded Aprit 2, 2009, , in Book 4415, Page 647 through Page 648, Johnson County Recorder's Office, covering the following described real property: Lot 37 Colwyn Court, Idyllwild Condominiums, Iowa City, Iowa, according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records of Recorder of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $181,500 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 Retention Aqreement and Deed Restrictions 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 Retention Aqreement and Deed Restrictions 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 ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Retention Aqreement and Deed Restrictions of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this /8 day of ~c..c>usr ~ 20~_• CITY OF IOWA CITY By Attest: ity °terk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION Hills Bank and Trust Company By 4 n A. Benson, Senior Viee President On this _1$___ day of t1~~,t~- , 20 0~_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 1Z~a,.{n; aa. D f3c~' - and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say tha ey are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o9-a~5 passed (the Resolution adopted) by the City Council, under Roll Call No. ------ of the City Council on the / S day of .~~~~csT _, 20 0~_, and that ; .D and Marian K. Karr acknowledged the execution of the instrument to be their voluntary ct and deed and the voluntary act and deed of the corporation, by it voluntarily executed. .TS`~~~s SONDRAE FORT Commission Number 159791 ('~' My Commission Expires ~ .+o~o_ ~`O~a ow ao a Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~,-~ day of Auaust , 2009 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ,Tohn A RPn4nn to me personally known, who being by me duly sworn, did say that he/she is the Senior Vice Presideni~f Hills Bank ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Tnhn A BF'nS.nri acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. ~/ ~ Notary Public in and for the State of Iowa .tom WILLIAM A. STEWART ~, ~~~ / ~My ~~„ ~ s~sao My Commission expires: ~ '"`~' Zas Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5.246 RESOLUTION N0. 09-276 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERE HARVESTER CREDIT UNION, MOLINE, ILLINOIS FOR PROPERTY LOCATED AT 2221 A STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on March 14, 2008, recorded on March 17, 2008, in Book 4274, Page 511 through Page 516, in the Johnson County Recorder's Office covering the following described real estate: The westerly one-half of the following described tract, to wit Commencing at the northeast corner of Lot 1 in Block 2 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence northwesterly along the southerly line of the former right-of-way of the Chicago, Rock Island 8~ Pacific Railway Company, now abandoned, to the northwest corner of said Lot 1, thence north along the west line extended of said Lot 1, to the northerly line of said right-of-way, thence, southeasterly along the northerly line of said right of way to a point due north of the place of beginning, thence south to the place of beginning. WHEREAS, Deere Harvester Credit Union is refinancing a mortgage to the owner of 2221 A Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Deere Harvester Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Deere Harvester Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Deere Harvester Credit Union, Moline, Illinois. Resolution No. 09-276 Page 2 Passed and approved this 18th day of August , 202-~ ATTEST: ~ 9~ ~ 7~~~ CIT LERK 1 g ~ (3 `°~ City Attorney's Office It was moved by Wilburn and seconded by ham~~on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion ~_ Correia x Hayek ~ O'Donnell x Wilburn ~- Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Deere Harvester Credit Union of Moline. Ilinois, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaaae which at this time is in the amount of 27 926, and was executed by Kristine A. Lumb and Matthew Lumb (herein the Owner), dated March 14, 2008, recorded March 17, 2008, in Book 4274, Page 511 through Page 516, Johnson County Recorder's Office, covering the following described real property: The westerly one-half of the following described tract, to wit Commencing at the northeast corner of Lot 1 in Block 2 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence northwesterly along the southerly line of the former right-of-way of the Chicago, Rock Island 8~ Pacific Railway Company, now abandoned, to the northwest corner of said Lot 1, thence north along the west line extended of said Lot 1, to the northerly line of said right-of-way, thence, southeasterly along the northerly line of said right of way to a point due north of the place of beginning, thence south to the place of beginning. WHEREAS, the Financial Institution proposes to loan the sum of $106.000 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortaaae 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 Mortaaae 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 Mortaaae of the City. nn to n tnnnn nn rn na nnrrrno ~ rra is nrri i ni ai a iTi,n Wont n I tnr 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~~ day of ~u~~.c5y-- „~. 20,~. CITY OF IOWA CITY FINANCIAL. {NSTITUTION ~~/ZED y BY L~"Vp~~~ City lark INS A OW EDGEMENT STATE pF 10WA ) SS: JOHNSON COUNTY ) On this !~ day of u~~sT . 20~ before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeare n : ~ ' 1 and Marian K. Karr, to me personally known, and, who, being by me d ly sworn, did say that t ey 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 (Oniinance) (Ftesolutlon) No. o~ - a~ b passed (tfie Resolutbn adopted) b the City Council, under Roil Call Na. --------, of the City Council on the , / a daY of ~c 20 0 ,and that ~ and Marian K. Karr acknowledged the execut n of the instrume to be their voluntary a and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ ,~ SONDRAE FORT S~nn~ ~s,~°-~ _ _ ~ Commission Number 159791 ----~ • My Commission Expires Notary PUbIIC in and for the State of Iowa • ~ .9D/~ 08/12/2009 09:56 3193565217 IOWA CITY PLANNING PAGE 05/05 I~ENDE ' O E EMENT ~,(i~hol S STAl-E OF IAA } i2,, c~~ Ls 14 ,..., J. ) ss: dAHP~N COUNTY ) On this 1'~- ..day of ~5 ~-~-s~' , 20„x, before me, the undersigned, a Notary Public in and for the State of Iowa personally appeared ~ K(c1/ ~ ~ ~ - 'P ~ E~ t ~ to me personal( known, who being by me duty sworn, did ssy that he/she is the V ~ o 0 of 'b~c~ Co -k M1VN~ C• U^, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said k cv ~u ~ - }~ ~ d= ~ ~ ~ _ acknowledged the execution of said instrument to be the wluntary act and deed of said corporation, by ft and by him/her voluntarily executed. Notary Public in d for the State of ~- ~ ~ ~ ac's i,~ y Commission expires: ~ ~. ~ F}~..I ~ ~ ~ Ii.LIN01S _ ~ ti 2/22112 ~~ . SEAT NOT PlJB4~ - S?S.t?l2?J12 NIY CAS ((JJ 2d 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-277 WHEREAS, on May 9, 2002, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the 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 431 North Van Buren Street, Iowa City, Iowa from a Mortgage recorded May 17, 2002, Book 3296, Page 69 through Page 73 of the Johnson County Recorder's Office. Passed and approved this 18th day of August ~ 202-• 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 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA. by ATTEST: CITY City Attorney's Office It was moved by Wilburn and seconded by ch mnion _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion Correia x Hayek x O'Donnell _X-. x Wilburn .Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagorlsl: Stephen K. Smith and Rebecca L. Smith Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property in Johnson County, Iowa, and legally described as follows: The east 50 feet of the north 75 feet of Lot 1 in Block 49, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record from an obligation of the owners, Stephen K. Smith and Rebecca L. Smith, to the City of Iowa City represented by a Mortgage recorded May 17, 2002, Book 3296, Page 69 through Page 73 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~ CIT LERK STATE OF IOWA 1 SS: JOHNSON COUNTY 1 City Attorney's Office On this _~8 _ day of Qt,.lC~t.~S'r' , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. Q~...77~adopted by the City Council on the ~_ day Kcsu.Bx , 20~_. and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,S°"~s SONDRAE FORT x ~ Commission Number 159791 ~ a ~ ~~....~ My Comm'ssion Expires ow 3 a0/ Notary Public in and for Johnson County, Iowa ~~~~ ~-31_oS' uu-~ u-uy /`~-~ 2d 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 09-278 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 1925 FRIENDSHIP STREET, IOWA CITY, IOWA. WHEREAS, on December 4, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the 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 1925 Friendship Street, Iowa City, Iowa from a Mortgage recorded December 18, 2007, Book 4244, Page 752 through Page 757 of the Johnson County Recorder's Office. Passed and approved this lath _ day of n~~g,,Gr ~ 2092___ ATTEST: CI LERK Approved Vii ~-~~~ City Attorney's Office It was moved by wiiburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion ~_ Correia ~_ Hayek x O'Donnell x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagorlsl: Corinne J. Stanley Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1925 Friendship Street, Iowa City, Iowa, and legally described as follows: The West 75 feet of Lot 1 in Block 36 in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. from an obligation of the owner, Corinne J. Stanley, to the City of Iowa City represented by a Mortgage recorded December 18, 2007, Book 4244, Page 752 through Page 757 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:. ~ ~ ~ y~ CITY LERK STATE OF IOWA 1 1 SS: JOHNSON COUNTY 1 City Attorney's Office On this ~_ day of Au~u.sr- , A.D. 20 O~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.~4-~ygadopted by the City Council on the tPJ day AtilrraC.A_~~ , 20 09 and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .~i~ts SONDRAE FORT ~~ ? ~ Commission Number 159791 S ~~~- tow My Commi si~~~es Notary Public in and for Johnson County, Iowa a. ~ ~~ ~ ~y ~ 1, r ~~®~ CITY OF IOWA CITY Date: August 18, 2009 To: Dale Helling From: Kim Sandberg,~~ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the August 18th Council meeting: 1) Clinton Street -Davenport Street Storm Sewer Improvements Contractor.' Schrader Excavating • Project Estimated Cost: $ 78,160.00 • Project Bid Received: $ 66,869.36 • Project Actual Cost: $ 63,440.80 2) City Attorney and Council Office Remodeling Contractor. City Construction Group • Project Estimated Cost: $ 226,300.00 • Project Bid Received: $ 131,150.00 • Project Actual Cost: $ 158,860.00 3) Fire Station #2 Demolition and Construction Contractor.' Miron Construction • Project Estimated Cost: $ 2,070,300.00 • Project Bid Received: $ 2,061,650.00 • Project Actual Cost: $ 2,177,961.00 Mho Za s Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 09-279 RESOLUTION ACCEPTING THE WORK FOR THE CLINTON STREET- DAVENPORT STREET STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Clinton Street-Davenport Street Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Schrader Excavating and Grading Co. of Watford, Iowa, dated April 15th, 2009, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Engineer's office. WHEREAS, the final contract price is $63,440.80. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day off, August , 2009. ATTEST: /!'1 ~a~~ 9`~. °~~~ City rk Approved by: L City Attorney's Office ~' f ~~ ~~,ot Resolution No. 09-279 Page 2 It was moved by Wilburn and seconded by (:hamni nn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x X x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc '"~" ztl s Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 09-280 RESOLUTION ACCEPTING THE WORK FOR THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the City Attorney and Council Office Remodeling Project, as included in a contract between the City of Iowa City and City Construction Group, LC of Iowa City, Iowa, dated February 10, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $158,860.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of ATTEST: CIT ERK It was moved by Wilburn and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/res/acptwork-CA-Council-Remodel.doc 8109 Jla~1 ~l ~Z~iiZ c~'Z'?'ZI ~-~v 'City Attorney's Office ~./~~/~~ MLA, 2d 10 Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 09-28 t RESOLUTION ACCEPTING THE WORK FOR THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Fire Station #2 Demolition and Construction Project, as included in a contract between the City of Iowa City and Miron Construction Co., Inc. of Cedar Rapids, Iowa, dated October 15, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $2,177,961.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of ATTEST: CITY 20 09 City Attorney's ottlce i./ Y It was moved by Wilburn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- Bailey x Champion x Correia x Hayek g O'Donnell x Wilburn x Wright Pweng/res/acptwork-FS2. Demo.doc 8/09 ~~~1 uu-its-~a 4c Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5251 (SU606-00017) RESOLUTION NO. 09-282 RESOLUTION APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA. WHEREAS, the preliminary plat of Whispering Meadows Subdivision, Part 4, Iowa City, Iowa was approved on August 21, 2007; and WHEREAS, a preliminary plat expires two years from the date of approval, unless a final plat has been filed or an extension has been approved by the City Council; and WHEREAS, AM Management, as representative for the applicant and the property owner, filed a request for a two year extension of the preliminary plat of Whispering Meadows Subdivision, Part 4, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department have re-examined the preliminary plat and find that the preliminary plat remains in substantial compliance with all of the requirements of the City Ordinances of the City of Iowa City; WHEREAS, staff finds that variations from current street right-of-way width standards are acceptable given the streets and lot layout were designed to avoid sensitive environmental features on the site and therefore recommend approval of the extension; and WHEREAS, it is known and understood by all parties that at final plat the sanitary sewer lines will be placed in locations that are not under street pavement, according to the City's engineering standards, unless it is infeasible to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The approval of the preliminary plat of Whispering Meadows Subdivision, Part 4, Iowa City, Iowa, is hereby extended to July 28, 2011. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 18th day of ATTEST: ~ e n,;~.~;71z: z~~f~ ~=~L, CITY LERK City Attorney's Office .7/Z;~~;~~ Resolution No. 09-282 Page 2 It was moved by Hayek and seconded by adopted, and upon roll call there were: AYES: NAYS: ~- x X X .~_ X x Wilburn ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc ~^~ 4d Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB09- 00003) RESOLUTION NO. 09-283 RESOLUTION APPROVING FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S & J Development LLP, filed with the City Clerk the final plat of Country Club Estates, Third Addition, 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: Commencing at the Center of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence S01°15'57"W, along the West line of the Southeast Quarter of said Section 13, a distance of 1445.26 feet, to the Point of Beginning; Thence S38°41'18'E, 417.39 feet; Thence N51°18'42'E, 125.00 feet; Thence S38°41'18"E, 20.00 feet; Thence S51°18'42"W, 125.00 feet; Thence S38°41'18"E, 228.87 feet; Thence S86°30'48"E, 235.44 feet; Thence N64°20'21"E, 90.67 feet; Thence N26°44'57"W, 119.76 feet; Thence N21°19'53"W, 60.38 feet; Thence N19°21'48"W, 137.52 feet; N04°03'46"W, 245.21 feet, to a point on the Southwesterly projection of the Easterly line of Outlot A, of Country Club Estates First Addition, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 284, of the Records of the Johnson County Recorder's Office; Thence N11°37'37"E, along said Southwesterly projection and Easterly line, 207.06 feet; Thence S78°22'23"E, along the South line of said Country Club Estates First Addition, 120.00 feet; Thence S11 °37'37'W. along said South line, 60.33 feet; Thence S78°22'23"E, along said South line, 60.00 feet; Thence Northeasterly, 39.34 feet, along said South line on a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N56°37'24"E; Thence S78°22'23"E, along said South line, 45.55 feet; Thence Southeasterly 31.07 feet, along said South line on a 325.00 foot radius curve, concave Northeasterly, whose 31.06 foot chord bears S81°06'43"E; Thence S03°20'14"W, along said South line, 126.16 feet; Thence S88°32'31"E, along said South line, 226.92 feet, to the Northwest Corner of Auditor's Parcel 2006047, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 249, of the Records of the Johnson County Recorder's Office; Thence S01 °27'29"W, along the West line of said Auditor's Parcel 2006047, a distance of 10.15 feet, to the Southwest corner thereof; Thence N81 °43'30'E, along the South line of said Auditor's Parcel 2006047, a distance of 169.98 feet, to the Southeast Corner thereof, and a Point on the Westerly line of the Parcel of land conveyed by Warranty Deed, as Recorded in Deed Book 1484, at Page 332, of the Records of the Johnson County Recorder's Office; Thence S19°45'01"E, along said Westerly Line, 376.00 feet, to the Southern most corner thereof, and a Point on the West Line of Southwest Estates Subdivision Part Two, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence S68°04'47"W, along said West line, 260.00 feet; Thence S46°03'38"E, along said West Line, 330.10 feet; Thence S53°55'32"E, along said West Line, 235.85 feet; Thence S21°17'53"E, along said West Line, 412.93 feet, to the Southwest Corner thereof, and a Point on the centerline of Rohret Road; Thence S68°42'07"W, along said centerline, 18.85 feet; Thence S67°18'23"W, along said centerline, 131.42 feet; Thence S67°00'50"W, along said centerline, 52.57 feet; Thence S60°26'59"W, along said centerline, 88.13 feet; Thence S59°56'46"W, along said centerline, 61.62 feet; Thence N29°33'01'W, 306.87 feet; Thence N47°44'46"W, 93.04 feet; Thence N43°56'15"W, 60.00 feet; Thence N46°05'28'W, 308.97 feet; Thence S71 °29'39"W, 50.18 feet; Thence N84°24'45"W, 101.05 feet; Thence S72°43'26"W, 100.86 feet; Thence S64°16'55"W, 147.73 feet; Thence S27°01'52"E, 137.16 feet; Thence Southwesterly, 50.00 feet, along a 1351.00 foot radius curve, concave Northwesterly, whose 50.00 foot chord bears S64°01'45"W; Thence N24°54'39'W, 137.00 feet; Thence S64°30'09"W, 112.85 feet; Thence S71 °00'01 "W, 117.35 feet; Thence S78°00'56"W, 223.03 feet; Thence S40°13'58"W, 108.48 feet; Thence S50°14'53"E, 124.04 feet; Thence Southwesterly, 15.40 feet, along a 180.00 foot radius curve, concave Southeasterly, Resolution No. ng_283 Page 2 whose 15.40 foot chord bears S37°18'02'W; Thence N55°09'02"W, 177.09 feet, to a Point on the West Line of the Southeast Quarter of said Section 13; Thence N01°15'57'E, 1057.65 feet, to the Point of Beginning. Said Tract of land contains 28.19 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2009) 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 final plat of Country Club Estates, Third Addition, Iowa City, Iowa on the above- described real estate is hereby approved. 2. The City accepts the dedication of the streets and easements as provided by and specifically set aside, although certain portions of said land are not open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 18th day of ATTEST: CITY ERK It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion ~_ Correia x Hayek x O'Donnell x Wilburn x Wright .r.,r..~.,...... w~ City Attorney's Office ~ ~~ ~; ~ ~G STAFF REPORT To: City Council Prepared by: Christina Kuecker, Associate Planner Item: SU609-00003 Date: August 18, 2009 Country Club Estates, Third Addition GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: S & J Development LLP 2231E 45 Street Davenport, IA 52807 Brian Speer (563) 529-4194 Final Plat 38-lot detached single-family subdivision, with two outlots North of Rohret Road, as an extension of Lake Shore Drive Approximately 28.19 acres Agricultural, OPD-5 North: Residential - RS-5 South: County Residential - R East: Residential - RR-1 West: Undeveloped County Residential - R10, undeveloped residential - OPD-5, and interim residential development - ID-RS Southwest District Plan -single family and/or duplex type development Hunter's Run (SW5) August 1 1, 2009 October 10, 2009 The applicant, S & J Development, recently received approval of a preliminary plat for Country Club Estates, Third -Sixth Additions, a 60.28-acre single-family subdivision located north of Rohret Road and east of Slothower Road. The planned development overlay rezoning (OPD-5) and preliminary plat were approved on May 5, 2009. The OPD plan allows development of 107 detached single-family lots while providing protection for sensitive features on the site, including a blue line stream and wetland areas. The applicant would now like approval of the Final Plat for Country Club Estates, Third 2 Addition. The preliminary plat allows for development of 38 detached single-family lots and two outlots in the Third Addition. The two outlots equal approximately 14.03 acres and are for wetland mitigation and storm water management. The sensitive areas development plan was approved at the time of the rezoning. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and the subdivision regulations. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by staff prior to City Council consideration of the final plat. Neighborhood park/and.• Based on the Neighborhood Open Space Ordinance, the dedication requirement is approximately 0.61 acres. The open space requirement for the entire County Club Estates subdivision (parts 1-7) has been combined. 4.63 acres are to be dedicated during the Fifth Addition as indicated in the preliminary plat. Outlots A and C are to be private open space to be maintained by the homeowner's association. This area is to be used for wetland mitigation and storm water management. Traffic: Lake Shore Drive is to be extended from its existing southern terminus to Rohret Road with this subdivision. In order to accommodate the traffic generated from this subdivision, Rohret Road will be improved to Arterial Street standards adjacent to lots 1 and 38 at the cost of the developer. This was a condition of the rezoning approval. Environmenta//y Sensitive Areas: The property contains a stream corridor, critical slopes, and regulated wetlands. The OPD-5 zoning includes the Sensitive Areas Development plan. A Level tl Sensitive Areas Review was conducted during the rezoning process and was approved with the rezoning. As a condition of the rezoning, the Army Corps of Engineers must approve the Wetland Mitigation Plan prior to final plat approval. The Corps has approved the Wetland Mitigation Plan. The long-term maintenance plan by the Home Owner's Association has been included in the legal papers STAFF RECOMMENDATION: Staff recommends that SUB09-00003, the final plat of Country Club Estates Third Addition, a 38-lot, approximately 28.19-acre subdivision for property located north of Rohret Road and as an extension of Lakeshore Drive, be approved, provided that the legal papers and construction drawing are approved by staff. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: ~~~iW' ~~~~G~ Robert Miklo, Senior Planner, Department of Planning and Community Development M o ~~o 0 ~~~ ~~~ a ~ Q~ o 0 w F- Q ~ as 3iaivad a~~ __ - ~ o o° o ~W a ~. Q. a ~ J a W Z w a = J ~' 6 ~• r 1 ~ O ~ ~ b~ ~ ~S' ~ J ~ O- ~ ~'"1 O J- `v\ W J2 O- N b Z w (yp cyj~ ~ Y ~ ~~I tel. O W V ~ ~ i 1l O ~ z a ao ''d ~~blssvid ~ 0 v a ? V ~ ~ V ao 32/0NS 3~1b7 y, - ~ ~ V i ~ 0 .. 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C {{ ,s~ w R6 < 4i \\ \ ~ M~b~~s gx g S ~ ~ ~ '^ kk a ~` \ q z= J~Q~ '~~ I Q ~ii~~ iiiiiii~ g~@ 'oaf` `~ J s \ ~ 1I~~ J ~ U ~Qa I I ~ ~ ~ eR ~~ ~ o \ \ id..~ i~ t Q ~ ~ ~I li pp 6~ t = ~ 3I ~~ Z U Q~ i z .~. o. i i l I. ;~ g ~~~ ~ v ~~' & ~\\ i eta ~ G ~3 ~ w 'i ~~ J li S G. ~ 6g ~ ~qd~ ~ ~ J d p $p 3 W C ~ Q ~ q S v @ ~E ~ ~ $ ~~ oc ~~ ~ ~p p$ pp ~ 9 4 ~%e ~ ~ a e= s~ ~^ ca &' i~ ~ ~ ~ ~n sn~ ~ $5 ~3 ~~ ~5 ~R $a 3 33 ?S Ss ~ ~. - "a~ ' a ' 3 a' 7 ac aaa ~ ae sa ~~ c"c `c°c °s6 °a °s QC C? a _ d~':b l ~' lpp ~ _u_om_n___y~lJ ~__ ~ ._....._ rom / y~ O Fy~`Z~1 .~.LSbltos ~ ~•,~~` ._.-_x='.Y-E~_~~_ - ~ LtJ :~~1 s ~ I ~ & ~~ U ~~~WS~ SG'LPol I ryd NLdI! 3x1 d° MLtl-NB(1-fl NOLL°3i d0 x31xY11D lSY31LLM5 31LL JO 3x!11531 T Q ` I _ k-3 € .stswl ~ 3,LS,sllox .n~en ~bA` '< IN ~ ~~ 4e Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB09-00005) RESOLUTION NO. (79-284 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development, Inc., filed with the City Clerk the final plat of Stone Bridge Estates Part Six, 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 Northeast Corner of Stone Bridge Estates, Part Five, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 278. of the Records of the Johnson County Recorder's Office; Thence N54°40'18"W, along the Northerly Line of said Stone Bridge Estates, Part Five, a distance of 233.77 feet; Thence Northeasterly, 10.77 feet, along said Northerly Line on a 175.00 foot radius curve, concave Northwesterly, whose 10.77 foot chord bears N33°33'53"E; Thence N31 °48'04"E, along said Northerly Line, ° ~ ~~ 27.01 feet; Thence N58 11 56 W, along said Northerly Line, 189.00 feet; Thence ° ~ ~~ S66 07 50 W, along said Northerly Line, 35.78 feet; Thence N76°48'42"W, along said Northerly Line, 120.00 feet; Thence N43°02'28"W, along said Northerly Line, 83.33 feet; Thence Southwesterly, 22.54 feet, along said Northerly Line on a 924.77 foot radius curve, concave Northwesterly, whose 22.54 foot chord bears S47°39'26"W; Thence N41 °38'39"W, along said Northerly Line, 122.07 feet; Thence S55°37'36"W, along said Northerly Line, 26.19 feet; Thence N39°47'23"W, along said Northerly Line, 130.07 feet; Thence Northeasterly, 206.51 feet, along said Northerly Line, and the Southerly Line of Stone Bridge Estates, Part Three, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 57, of the Records of the Johnson County Recorder's Office, on a 670.00 foot radius curve, concave Northwesterly, whose 205.69 foot chord bears N41 °22'50"E; Thence S57°26'58"E, along said Southerly Line, 125.00 feet, to the Southeast Corner of said Stone Bridge Estates, Part Three; Thence N27°21'32"E, along the Easterly Line of said Stone Bridge Estates, Part Three, a distance of 143.87 feet; Thence N16°58'33"E, along said Easterly Lirie, 40.77 feet; Thence S70°46'25"E, 182.69 feet; Thence Southwesterly, 42.96 feet, along a 974.77 foot radius curve, concave Northwesterly, whose 42.95 foot chord bears S20°29'20"W; Thence S68°14'55"E, 149.41 feet; Thence N31°48'04"E, 19.15 feet; Thence S58°11'56"E, 139.00 feet; Thence N31 °48'04"E, 13.80 feet; Thence Northeasterly, 3.56 feet, along a 653.00 foot radius curve, concave Northwesterly, whose 3.56 foot chord bears N31 °38'42"E; Thence ° ~ ~~ S58°30'40"E, 177.01 feet; Thence N85 39 31 E, 96.43 feet, to the Northwest Corner of Windsor Ridge -Part Twenty One, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S00°00'00"W, along the West Line of said Windsor Ridge - Part Twenty One, a distance of 53.37 feet; Thence S31 °48'04"W, along said West Line, 493.06 feet, to the Point of Beginning. Said Tract of land contains 8.28 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No.~-2g4 Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2009) 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 right-of-way, streets, sidewalks, trails, and easements as provided by law and specifically sets aside portions of the dedicated land as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivides. Passed and approved this 18th day of ATTEST: 9 - CITY LERK It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion x Correia ~_ Hayek x X O'Donnell x Wilburn X Wright pcd/templates/Final Plat -Resolution stone Bridge Part 6 (2).doc.doc City Attorney's Office ~ ~, ~~ ~~ STAFF REPORT To: City Council Prepared by: Sarah Walz, Associate Planner Item: SUB09-00005 Date: August 18, 2009 Stone Bridge Estates Part 6 GENERAL INFORMATION: Applicant: Arlington Development 14861St Avenue, Suite A Iowa City, IA 52240 Contact Person: John Moreland Phone: 319-338-8058 Requested Action: Final Plat Purpose: 26-lot detached single family subdivision, with one outlot Location: North extension of Arlington Drive and Colchester Drive Size: Approximately 8.28 acres Existing Land Use and Zoning: OPD-5 Surrounding Land Use and Zoning: North: Undeveloped, OPD-5 South: Residential -RS-5 East: Residential -Undeveloped RM-12 West: Residential - RS-5, OPD Comprehensive Plan: Northeast District Plan Neighborhood Open Space District: Lower West Branch File Date: July 14, 2009 (legal papers complete?) 60 Day Limitation Period: September 11, 2009 BACKGROUND INFORMATION: The applicant, Arlington Development, recently received approval for a preliminary plat for Stone Bridge Estates, Parts Six to Nine, a 36.32-acre single-family subdivision located along the north extensions of Arlington Drive and Colchester Drive. The applicant would now like approval of the final plat of Stone Bridge Estates, Part Six. The preliminary plat for Part Six allows for development of 26 detached single-family lots and one outlot. The outlot consists of 1.31 acres of land along the south branch of Ralston Creek and constitutes approximately one half of Outlot E (the other half of Outlot E being located in Part Seven). The outlot will be owned and maintained by the homeowner's association, but will include a trail with a public access easement. 2 ANALYSIS: The final plat is in general conformance with the approved preliminary plat and the subdivision regulations. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. These plans and documents should be approved by staff prior to City Council consideration of the final plat. Open Space: The outlot encompasses an area along a branch of Ralston Creek and is to be set aside as private open space. The zoning code provisions pertaining to private shared open space in OPD zones (section 14-3A-4 J.2) requires the developer to submit legal papers addressing the procedures to be followed for maintaining the privately held open space, including financing maintenance costs. Legal papers for Stone Bridge Estates, Part 6 should address procedures for maintenance of Outlot E and financing maintenance costs through the home owners association. The timing of the installation of improvements, including the 8-foot trail should also be addressed. Construction of the trail will partially fulfill one of the conditions in the Conditional Zoning Agreement and the Northeast District Plan goals. Traffic: Arlington and Colchester Drives will be extended to serve Part Six, and Liverpool Lane, aone- block street will provide a connection between Eversull Lane and Arlington Drive. Arlington Drive provides primary access to the proposed subdivision and Whitechaple Drive will provide connection to the existing street network and neighborhoods to the northwest. Arlington and Colchester will remain stub streets until future phases of the development are completed. To facilitate better fire safety a temporary turnaround is required to be constructed at the end these streets. The applicant has agreed to build temporary turnaround on both streets and provide temporary easements for their use. Infrastructure: The applicant is providing onsite storm sewer infrastructure and drainage ways to convey storm water to the creek, which will convey the 100-year storm water runoff to the public storm water management facility-Scott Park Stormwater Detention Facility located on the south branch of Ralston Creek. No separate storm water management facility on the property is required. Infrastructure fees: The CZA agreed upon at the time of the original rezoning requires $6,424.44 per acre for Stone Bridge Estates (a total of $133,564.00) be paid at the time of final plat approval for any of the land north of the midway point between Court Street and Lower West Branch Road. Part 7 will be the first part of the subdivision that is north of the midway point, so all future phases of the development (Parts 7-9) must pay the appropriate per acre cost at the time of plat approval. The applicant/owner is required to pay a water main extension fee at a rate of $395 per acre for this development (a total of $3,270.60 ). STAFF RECOMMENDATION: Staff recommends approval for SUB09-00005, a final plat for Stone Bridge Estates Part Six, a 26-lot residential subdivision, on approximately 8.28-acres of land located north of Court Street on the north extensions of Colchester Drive and Arlington Drive provided that all legal papers and construction drawing are approved by staff. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: /l~'c:r"~vl./.~ Robert Miklo, Senior Planner, Department of Planning and Community Development .l J C ~ ~ N --; o -- - . - _ --__~~~ ._ ~ -- o IOWA CITY CORPORATE LIMITS 0 0 J N W~~~ L) ^Uv yy UO K ~ \\// ~~/\ U ¢ $ ¢ QQ uC .aaQ~~ m~ ~ m~ z N ~ ~ ~~~~ p`p5 ~ J Q Wln~z ~ W Z I"' V ~ a ~ : c7 ~~~ v~ ~ ¢~ z v~~~~ ~ ~ a u S Q N O ~, a < ~ ~w ~ ~~~ LL aiwao°o ~ ~ g s ~ g ~ IAN s ~ ~~b ~ ~ ~ ~3 ~ F ~ ~ V nn~"n ~ It'~1 ~_ gg~~~ s ~ d-~ $~ o ~~~k~~~~ ig~~~ ~ aat f j:~~~ ~ ~ ~ E ~o ~ q~~ o ~~~~~~~e~~~ ~~y Q iii' ~,~~ ~ G O ~~,-, I~ ~' ~ & W ~ I ~ ~; ®® a W ~I !II 4 8 ~ i ail ~ ~ e ~~~~ ~~°E ~~~~ ~~ i y1 C ~gMWJ: 's e m w ~ v 1 ~~~E S~ N Vy S ~ ~ 5 ~ \ a~!~ ''~ bllg ~ ~~ al~~!~ ;~ b' ~ ~ ~nF „~ „ ~~ DLO I~ ~ "~ ~'~ '4a , C.S ~ o ° ~o ..r ~t s~ v~ ` d. ~\~ ~ ~_ /J ~ V i~.i 9~6W %. ~ \ °~~^~s =~,A. I -ate a~ ~ ~.~~~r. 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'm $~~, W~'~' _ ~.a ,±w,. \ a..~ ^~ d r ~~~~~ f \ ~ \ .. ° ,y °~u E~ ~s OOEmwCBS"'N"~„m swoon a°m v"nor ` Jo~.iO $oN'na} n Eat i JSS9 is°~ v~ W~h~£~Ch~ni o,°a oa° Wib°, °'Nr °i o€°'~o~~~ "`-~~„ _ «; camV sL Ja ~~o~a ~~a rn`8 ~• ~ o N~ vg~ oa °d~~~°=m o~~9E:r~'~ w~Qpp~zo~mLa°=~~udo;a °€~~ IA p o 3 rn p y U d~ N U~ u N v S_ G o r i € r '°' ~ ~ °u ° ° ~ ~ ~ ~ .5 € o a hzyuP„€'8NO°~°€m~z~ooo ° v a v rc o oat m£o€ ° c?'a~v -r`..E~t~D_ ~waooNY mo `~ n Npz.. ~~.~ W ^°~Sm_ . N V 0~ N o'-] ~ r B Y N U N o c ~i ~ 2 ~ - VT °~€30JOUg€~U ~° J ~i JF[a Y°}O ~oooE~o oL~ ''d~~a i o Y o N° $~ a w r~~ _ °°' ; z o ° Nd ic`~~ °c cr of«o`° do3'~N°.^ arcu°Din uzNO °c_ av New u Fo mom°~zn~s°woviz ~ °~ 3.~aa~ a ;~~ ~,< ~ a~ a a a q ~ ~ ~ S 7 66 a , ~q 3 6 ~~~ ~'6 ." 0 ~ F O ~~ ~~a IF ~', 'N ~ ~' ~~~ ~~~ S ~~~ 3~ 3~~' ~~~ ~~, ~~~ ~~a 3 ~ M~ 5 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-285 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 840 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 840 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 840 Longfellow Place for the principal sum of $152,000; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, on July 28, 2009, the City Council adopted a Resolution proposing to convey its interest in 840 Longfellow Place, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 840 Longfellow Place, legally described as Unit 840 Longfellow Place of Lot 16, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $38,000, and a third mortgage and recapture agreement through the Down Payment Assistance Program in an amount not to exceed $10,000. Resolution No. 09-285 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Correia and seconded by adopted, and upon roll call there were: AYES: NAYS: X ~- x x x _ X , Passed and approved this 18th day of Approved by ~S~C~ ~ - 3 c~-©S ABSENT: Wilburn the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright City Attorney's Office ATTEST: L y1c~z~ ~ - ~~~~SiLJ CI LERK M~+$ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 09-286 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 842 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 842 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 842 Longfellow Court for the principal sum of $156,500; and WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership of their own home; and WHEREAS, on July 28, 2009, the City Council adopted a Resolution proposing to convey its interest in 842 Longfellow Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 842 Longfellow Court, legally described as Unit 842 Longfellow Court of Lot 16, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $38,000, and a third mortgage and recapture agreement through the Down Payment Assistance Program in an amount not to exceed $10,000. Resolution No. o9-2Ah Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by orre~ a _ and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia ~_ Hayek ~_ O'Donnell X Wilburn X Wright Passed and approved this 18th day of Approved by ~~..,~c~s~ ~-- ~ G __a ~ ~~~o City Attorney's Office ATTEST: CITY ERK M I 08-18-09 ~ 7 Prepared by: Dan Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 09-287 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 8TH day of September, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15th day of September, 2009, or at a special meeting called for that purpose. Passed and approved this ~ Rtt, day of ATTEST: `~ CITY LERK pweng\res\o9grading.doc City Attorney's Office Reso-ution No. 09-287 Page ~ It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- x ~- x X X ~- Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ Prepared by: Mike Moran, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. n9-ERR RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE ONE - TRAIL DEVELOPMENT OF THE TERRY TRUEBLOOD RECREATION AREA PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:00 a.m. on the 9T" day of September, 2009. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the. City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15th day of September, 2009, or at a special meeting called for that purpose. Passed and approved this 18th day of ATTEST: CIT LERK pweng~res~approvplanstrueblood.doc 20 A proved by U City Attorney's Office ~ ~~ I (~ ~ Resolution No. 09-288 Page ~ It was moved by Wight and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: x ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~- 9/~r Prepared by: Mike Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. RESOLUTION ESTABLISHING ANNUAL PASS FEES FOR THE THORNBERRY OFF- LEASH DOG PARK AND RITA'S RANCH DOG PARK 10 WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the City of Iowa City Parks & Recreation Department and Johnson County DogPAC (Johnson County Dog Park Action Committee) have worked cooperatively to establish and operate off-leash dog parks in Iowa City; and WHEREAS, Johnson County DogPAC has recommended a $25 annual pass fee with a reduction of $5 for dogs who have been spayed or neutered, a $50 biannual pass fee with a reduction of $10 for dogs who have been spayed or neutered, or a $75 tri-annual pass fee with a reduction of $15 for dogs who have been spayed or neutered; and WHEREAS, the Parks and Recreation Commission on August 19, 2009, approved the above fee schedule and recommended it be adopted for FY10 and FY11; and WHEREAS, it is in the public interest to establish such a fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the proposed fee schedule for the Thornberry Off-Leash Dog Park and Rita's Ranch Dog Park is hereby adopted. Passed and approved this day of , 20 ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Appr ved by ~ /' _ ~~ -,T~'%~/ City Attorney's Office ~ l ~, ~~ wpdata/parksreGres/dogparkfees. doc ~~U Prepared by: Tracy Hightshoe, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 09-289 RESOLUTION APPROVING FUNDING FOR CORRIDOR DRYWALL LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY07 and FY09 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has- disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Corridor Drywall LLC be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven-year (7 year) amortized loan with an interest rate of 1 %; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to create employment opportunities for low-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate and amend an agreement(s) with Corridor Drywall LLC for activities in connection with this allocation of public funds. Passed and approved this 18th day of August , 20~_ ATTEST: CIT LERK Approved (/ .......... City Attorney's Office wpdata/ppdrehablres/corridordrywall8-09.doc Resolution No. 09-289 Page 2 It was moved by Champion and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- X X X x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc ~r'__---r,®~ CITY OF IOWA C[TY 11 ~ ~~~~~~~ ~E~~ Date: August 11, 2009 To: City Council From: Tracy Hightshoe, Associate Planner Re: CDBG Economic Development Funding Recommendation Corridor Drywall LLC Dan and Mary Buol, owners of Corridor Drywall LLC, are requesting funds to start a drywall business in the Scott Six Industrial Park in Iowa City. The business offers drywall services to contractors in the residential and small commercial building markets in southeastern Iowa. Dan has worked in the drywall business for over 25 years and will now establish his own company. The owners have immediate plans to hire two full time employees. The owners request $35,000 for start up expenses such as drywall supplies and equipment. The business qualifies under the low-to-moderate income job creation criteria under the Community Development Block Grant program. The business will create 3 full time positions, of which over 51% of the positions are held by or made available to low-to- moderate income persons. The Council Economic Development Committee recommended a $35,000 loan at 1% interest for a maximum term of 7 years. The applicant secured a SBA loan through First American Bank for $65,000 and a $35,000 line of credit. First American Bank will place liens on the equity available from the owner's private residence, vehicles and business assets. Due to a collateral shortfall, the bank is unable to offer additional financing but referred the business to the CDBG Economic Fund to ensure sufficient cash flow to operate the business. Due to the owner's extensive experience in the drywall business, the owner's efforts in obtaining technical assistance to start and operate a new business and the owner's history of paying loan obligations, the committee recommended funding this business even though the loan will not be secured. The loan will be partially secured by a financing statement on all business assets. As a condition of the award, business assistance will be required based on an evaluation by the Small Business Development Center. 08-18-09 ~~~ 12 Prepared by: Darian Nagle-Gamm, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5254 RESOLUTION NO. 09-290 RESOLUTION AUTHORIZING A CHANGE FROM CALENDAR PARKING TO ODD/EVEN DATE PARKING FOR STREETS WHICH CURRENTLY HAVE CALENDAR PARKING WHEREAS, the City Council approved the implementation of an alternate-side calendar parking ordinance on certain streets to ensure an adequate travel lane to allow for the provisioning of City services; and WHEREAS, in 2008 the City Council approved the implementation of a snow emergency ordinance that limited on-street parking to the odd side of the street on odd days and the even side of the street on even days in an effort to expedite snow removal; and WHEREAS, during a snow emergency, vehicle owners were asked to obey existing signage in areas with calendar parking rather than follow the odd/even date parking strategy being promoted, and this created confusion with residents unsure of which side of the street to park on; and WHEREAS, the City Council finds the proposal to make alternate side on-street parking consistent with the snow emergency ordinance facilitates the provisioning of City services and is less confusing to residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The replacement of alternate side calendar parking with alternate side odd/even date parking from 8:00 - 5:00 pm daily (except for Sundays) is hereby approved. 2. City staff is directed to proceed and replace of all calendar parking signs with odd/even date parking signs. 3. The parking restrictions will take effect when signs are posted. Passed and approved this 18th day of August , 20 09 ATTEST:~~~~~ CITY CLERK Resolution No. 09-290 Page 2 It was moved by Wright and seconded by Na~Pk the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X ~_ x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc I~ NOTICE TO BIDDERS STATE OF IOWA -Sealed bids will be received on August 18, 2009 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p. m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for atwo-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.bidx.com • Available in the Iowa Department of Transportation's "Weekly Letting Report" • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: 303 Project(s): JOHNSON - ER-3715(642)--8R-52 ER-3715(641)--8R-52 Route: BURLINGTON STREET BRIDGE US HIGHWAY 6 BRIDGE DBE Goal: NONE Working Days: 20 Late Start Date: 09/14/2009 Guaranty: $4,000.00 Work Type: REVETMENT /WOOD FENCE /DITCH RESTORATION 13 Prepared by: Dave P s, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. RESOLUTION AWA ING CONTRACT AND AUTHORIZING THE MAY~JR TO SIGN AND THE ITY CLERK TO ATTEST A CONTRAC FOR CONSTRUCTION OF HE BURLINGTON/U.S. HWY. 6 BRIDGE FLOOD REPAIR PROJECT [ER- 15(641)--8R-52 & ER-3715(642)--8R-52]. WHEREAS, of ha submitted the lowest responsible bid of $ for c nstruction of the above-name roject. NOW, THEREFORE, BE IT RESOL D BY THE CITY C NCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the a e-named project is hereby awarded to subject to the condition that awardee secure adequate performance and payment o ,insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorize to si n and the City Clerk to attest the contract for construction of the above-na ed proje ,subject to the condition that awardee secure adequate performance and ayment bon insurance certificates, and contract compliance program statements. 3. The (job title) is autho ized to execute change orders as they may become necessa m the construction of the bove-named project. Passed and approve his day of , 20 MAYOR Approved by A It CITY CLERK moved by d, and upon roll call there were AYES: and seconded by NAYS: City Attorney's Office the Resolution be BSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\RE S\bridgesfloodrepai rawardcon.doc 8/09 ~~~ Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 09-291 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BURLINGTON STREET / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641)--8R-52 & ER-3715(642)--8R-52]. WHEREAS, Vieth Construction Corporation of Cedar Falls, Iowa has submitted the lowest responsible bid of $ 51,394.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The contract for the construction of the above-named project is hereby awarded to Vieth Construction Corporation, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate payment bond and insurance certificate. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 18th day ATTEST City lerk ~nnA ~f~r.~ its/v ~ It was moved by Wilburn and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: ~_ x x x x ~_ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright t f- ~ ~.,~ NOTICE TO BIDDERS 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT - CONTRACT 1 Sealed proposals will be received by the City Clerk of the CitX of Iowa City, Iowa, until 2:30 P.M. on the 14t day of August, 2009. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of August, 2009, or at special meeting called for that purpose. The Project will involve the following: The demolition, removal and disposal of the following 404 HMGP Acquisition properties - 301 Taft Speedway, 930 Park Road, 613 Normandy Drive, 729 Normandy Drive, 801 Normandy Drive, 817 Normandy Drive, 821 Eastmoor Drive, 825 Normandy Drive, and 609 Normandy Drive. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment AF-1 of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: September 25, 2009 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineering Division, Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 14 Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARD G CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CI CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF HE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIO PROJECT. WHEREAS, T responsible bid of $ for cons ~ NOW, THEREFORE, BE IT RESOLVED CITY, IOWA, THAT: has submitted ction of the above-named project. lowest ~BY THE CITY COUNCIL OF E CITY OF IOWA 1. The contract for the construction o the above-name roject is hereby awarded to subject t e condition that awardee secure adequate performance and payment bo d, insuranc certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign d the City Clerk to attest the contract for construction of the above-named proje ubject to the condition that awardee secure adequate performance and payment nd, i surance certificates, and contract compliance program statements. 3. The (job le) is authoriz d to execute change orders as they may become necessary in the co truction of the ab ve-named project. Passed and approved this day of ~ 20 MAYOR Approved by ATTEST: ' CITY.- LERK It was mov~d by adopted, and upon roll call there were. AYES: and seconded by NAYS: Attorney's Office the Resolution be ABS NT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\404award. doc a/09 ~ `t Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 09-292 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT. WHEREAS, D.W. Zinser Company of Watford, Iowa, has submitted the lowest responsible bid of $83,521.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to D.W. Zinser Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 18th day of ATTEST: ~.c~.~~-• ~+ CI LERK It was moved by Wilburn adopted, and upon roll call there were: 20 09 '! ~ ~z~ ~~~~~~~ti-~~z~ ~~.~ City Attorney's Office ~ / ~ ~ /~~~ and seconded by xayek the Resolution be AYES: NAYS: ABSENT: x Bailey ~ Champion ^ x Correia g Hayek ~ O'Donnell _ g Wilburn g Wright pweng\res\404award.doc 8109 M~ 15 Prepared by: Crystal Smith, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5410 RESOLUTION NO. 09-293 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. WHEREAS, the City of Iowa City desires to construct the North Dodge Street Pedestrian Bridge Over Interstate 80 ("Project") which includes the construction of a pedestrian bridge and associated sidewalk and also the replacement of water main and sanitary sewer force main; 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 rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights 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: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the North Dodge Street Pedestrian Bridge Over Interstate 80 ("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. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement 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 easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of 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. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. 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. Resolution No. 09-293 Page 2 Passed and approved this 18th day of ~~gust , 20~..R_• ATTEST: CIT LERK . .rr--'-- --r City Attorney's Office ~~- ~ ~ ~ ~ It was moved by [Ji lhiirn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng/res/ndodgebrdg-acq uireprop.doc ua-~ a-uy ~,~ 16 Prepared by: Dale Helling, Acting City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 09-294 RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2009 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, by cover letter dated April 29, 2009 Mediacom proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2009 and enclosed an FCC Form 1240 dated April 29, 2009 supporting a requested rate of $10.94 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated April 29, 2009 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's FCC Form 1240 was properly developed and supports the proposed rate for basic cable programming services and that Mediacom's FCC Form 1205 was properly developed and supports the revised rates for equipment installations and rentals; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: (1) The FCC Form 1240 filed with the City on April 29, 2009 is accepted and the Maximum Permitted Rate of $10.94 per subscriber per month [inclusive of FCC regulatory charges] determined thereby for basic tier cable programming service to be effective for period of August 1, 2009 through July 31, 2010 is approved. Mediacom shall utilize the Maximum Permitted Rate and its components of this FCC Form 1240 when performing the true-up calculation on its next FCC Form 1240. (2) A rate of $10.94 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective as requested on billings rendered after August 1, 2009. This rate will be represented on subscribers' bills in the two components of $10.87 for programming service and $0.07 for the FCC regulatory charge. (3) The FCC Form 1205 filed with the City on April 29, 2009 is accepted and the Maximum Permitted Rates determined thereby for basic service equipment rentals and installations to be effective for period of August 1, 2009 through July 31, 2010 are approved. Resolution No. 09-294 Page 2 2 (4) The rates proposed for basic service equipment rentals and installations filed with the City on April 29, 2009 are approved to become effective as requested on billings rendered after August 1, 2009. Passed and approved this 18th day of ATTEST: CI LERK 202 ~ --r a _oS City Attorney's Office It was moved by Hayek and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- Bailey x Champion x Correia x Hayek ~_ O'Donnell g Wilburn x Wright