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HomeMy WebLinkAbout2003-07-15 Resolution RESOLUTION NO. 03-209 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Etc. -- 118 S. Dubuque Street Memories -- 928 Maiden Lane Green Room -- 509 S. Gilbert Street Fraternal Order of Eagles #695 -- 225 Hwy I West Mill Restaurant -- 120 E. Burlington Street Iowa City Fall Fun Festival -- 2120 Rochester Avenue It was moved by Champion and seconded by 0'D0nnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X __ Kanner X Lehman X __ O'Donnell X __ Pfab X Vanderhoef X __ Wilburn Passed and approved this 15th day of July , 20 03 . CIT~-CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 03-210 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2004 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., August 19, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2004 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this ~.5th day of Ju],y ,2003. MAYOR Approved by CITY'CLERK City Attorney's O~cev It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-211 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT t528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR AUGUST 19, 2003. 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, the Iowa City Housing Authority owns a single family home located at 1528 Crosby Lane, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 1528 Crosby Lane for the principal sum of $110,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 1528 Crosby Lane, Iowa City, Iowa, also known as Lot 91 in Part Two Hollywood Manor Addition, to a public housing program tenant for the sum of $110,000.00. 2. A public hearing on said proposal should be and is hereby set for August 19, 2003, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 15th day of Jul~ ,2003. MAYOR Approved by CITY'CLERK City Attorney's Office Resolution No. 03-211 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: KJm Johr~son, Public Works, 410 E. Washington St., Iowa City, Ia 52240, (319)356-5139 RESOLUTION NO. 03-212 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA HIGHWAY 1 (DODGE STREET)/NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of August, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general cimulation in the City, not less than four (4) nor moro than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th dayof July ,20 03 MAYOR Approved by - ~'C(ty~,ttomey's Office It was moved by Champion and seconded by 0'Donnel ] the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Daniel Scott, Public Works, 410 E, Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 03-213 RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCO'I-r PARK TRUNK SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of August, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa; or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day o'~_~ CITY '(:3L-ERK ' - ' It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-214 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE~ IOWA CITY, IOWA FOR PROPERTY LOCATED AT 5 CAROLINE COURT, IOWA CITY, IOWA, WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and two amended Mortgages in the total amount of $24,321,50, executed by the owner of the property on August 6, 2001, recorded on August 16, 2001, in Book 3115, Page 89 through Page 93; and on August 6, 2001, recorded on August 16, 2001, Book 3115, Page 94 through Page 100; and on July 18, 2002, recorded on July 19, 2002, Book 3339, Page 484 through Page 470; and on July 18, 2002, recorded on July 19, 2002, in Book 3339, Page 471 through Page 475; in the Johnson County Recorder's Office covering the following described real estate: Lot 21, Giblin's 3r~ Addition to Iowa City, Iowa, according to the recorded plat thereof WHEREAS, Wells Fargo Home Mortgage is refinancing a first mortgage in the amount of $101,678 to the owner of 5 Caroline Court and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of Wells Fargo Home Mortgage, secured by the proposed mortgage in order to induce Wells Fargo Home Mortgage, to make such a loan; and WHEREAS, Wells Fargo Home Mortgage has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Wells Fargo Home Mortgage; and WHEREAS, there is sufficient value in the above described real estate to secure the City liens as second, third, fourth, and fifth liens. 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 Wells Fargo Home Mortgage, Iowa City, Iowa. Approved by CI'I'~-CLERK ' City Attorney's Office Resolution No. 03-214 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Wells FarRo Home MoA,claRe of Iowa City, Iowa, herein the Financial Institution, WHEREAS, the City is the owner and holder of certain Mortqaqes which at this time are in the amount of $24,32'1.50, and where executed by Julie Foreman (herein the Owner), dated Au.qust 6, 2001, recorded Auqust '16, 2001. in Book 3'1t5. Page 89 through Page 93, and dated AuRust 6, 2001, recorded Auqust '16, 200'1, in Book 31t5. Page 94 through Page 100, and dated July 18, 2002., recorded July '19, 2002, in Book 3339, Page 464 through Page 470, and dated July 18, 2002, recorded July 19, 2002, in Book 3339, Page 471 through Page 475 Johnson County Recorder's Office, covedng the following described real property: Lot 21, Giblin's 3rd Addition to Iowa City, Iowa, according to the recorded plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $'101,678 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 Mort.qa.qes 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 Mort(~a(~es 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 Mortqaqes of the City. SENT BY: CiTY OF ZA CZTY PCD; 6-10- 3 9:46AM; 3193565027 => 3198877499; #5/6 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 ,,~' 7~ day of ~.-//'/ CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor ~" .................. By Attest: · ~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUN fY ) On this I--% day of '-J A¢"~ .20 ~.~ . before me, the undersigned, a Notary Public if~'~nd f0~' the State 0~ Io~a'i--P~rs~nally a-~peared ~¢'~.~. ~.,~r~,~ ~_ and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that riley are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. ~ ~.--~__~_L_'5~.._ passed (the Resolution adopted) by the City Council, under Roll Call No. "----------"--- ur'the City Council on the ./~% day of ~'-~.~[.~ ,20 0,~_, and fha! ~-,~,.~,5.~ I,~. Lel~mo, n and Marian K. Kan- acknowledged the execution of the insbument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ .~'~ y ~l~n ~ms ~ W ubl~c in and for the ~tate of Iowa SENT BY: CITY OF [A CITY PCD; 6-10- 3 9:47AM; 3193565027 => 3198877499; #6/6 STATE OF IOWA ) ) SS: ,JOHNSON COUNTY ) On this '~"~ da of ~ ' . ~ ..... Y __.~.I,~L,y , A,D. 20_0.~ ..... before me, un?~ersign%d~a No, tary iSubli~ Jn-and-"¥'~' the State of Iowa, personally appeared .... 7,.,~_.~' f,.;_~ O C, ol and ,.to me personally, known, being by me duly sworn, did say that they are the ..... respectively, of said Corporation exect}ting theNfvjt~n and foregoing instrument to which this is affached, that said instrument was signed and sealed on behalf of said corpora/t~ by ,~,euthority of its Board of Directors; and that the said and ..~t~--O-~.~_.~',~ ~-. ,~ as such officers acknowledged the execution of said instrument to be tl~ voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ S~:ate of Iowa IJACQUELYN S. BARMEN NOTARIAL SEAL - STATE OF IOWA Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-215 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 2124 WESTERN ROAD, IOWA CITY, IOWA, WHEREAS, on July 29, 2002, the owner of 2124 Western Road executed a Mortgage in the amount of $11,630; and WHEREAS, the loan was paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2124 Western Road, Iowa City, Iowa from a Mortgage recorded August 13, 2002, Book 3356, Page 450 through Page 454 of the Johnson County Recorder's Office. Passed and approved this 15th dayof July ,20 03 . MAYOR Approved by CI'I-~LERK City Attorney's Office It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdrehab~ms/2124western rd-fei.doc Prepared by: Liz Osbome, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2124 Western Road, Iowa City, Iowa, and legally described as follows: Lot Twelve (12), Block Eleven (11), Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Georgia Nealson, to the City of Iowa City in the total amount of $11,630 represented by a Mortgage recorded August 13, 2002, Book 3356, Page 450 through Page 454 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by CITY"OEERK City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /.~ day of ,,,~ ~L~ , A.D. 20 0.~ , before me, the undersigned, a Notary Public in and for said Courffy, in said State, personally appeared Ernest W. Lehman and Madan K. Kan', to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. O -__~./~_, adopted by the City Council on the ~ day ~' ~,-~z_, 20 O$ and that the said Ernest W. Lehman and Marian K. Karr as such officers a~nowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehal~2124westem~-reLdoc Notary Public in and for Johnson County, Iowa ~ ~l Commission Number 1597911 Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO 03-216 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ArrEST TO A SUBORDINATION AGREEMENT BET~NEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3416 SHAMROCK DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $8,306, executed by the owner of the property on April 16, 1998, and recorded on June 17, 1998, in Book 2512, Page 277 through Page 281 in the Johnson County Recorder's Office covering the following described real estate: Commencing at the northwest corner of lot 448 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 36, Plat Records of Johnson County, Iowa, thence easterly along the north line of said lot, 58.37 feet, thence southerly to a point on the south line of said lot, which point is 44.50 feet easterly from the southwest corner of said lot, thence westerly along the south lines of Lots 448 and 449, 60 feet, thence northerly to a point on the north line of said Lot 449, which point is 27.23 feet westerly from the northeast corner of said Lot 449, thence easterly 27.23 feet to the place of beginning. WHEREAS, Hills Bank and Trust is refinancing a mortgage in the amount of $69,500 to the owner of 3416 Shamrock Drive and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Hills Bank and Trust secured by the proposed mortgage in order to induce Hills Bank and Trust to make such a loan; 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 said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Iowa City, Iowa. Passed and approved this 15th dayof ,July ,20 03 . MAYOR City Attorney's Office Resolution No. 03-216 Page, 2 It was moved by Champi on and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 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 certain Mortqa.qe which at this time is in the amount of $8,306, and where executed by Jerry W. Bush (herein the Owner), dated April 16, 1998, recorded June 17, 1998, in Book 2512, Page 277 through Page 281, Johnson County Recorder's Office, covedng the following described real property: Commencing at the northwest corner of lot 448 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 36, Plat Records of Johnson County, Iowa, thence easterly along the north line of said lot, 58.37 feet, thence southerly to a point on the south line of said lot, which point is 44.50 feet easterly from the southwest corner of said lot, thence westerly along the south lines of Lots 448 and 449, 60 feet, thence northerly to a point on the north line of said Lot 449, which point is 27.23 feet westerly from the northeast corner of said Lot 449, thence easterly 27.23 feet to the place of beginning. WHEREAS, the Financial Institution proposes to loan the sum of $. 69,500.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort.qaqe 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 Mortqaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mort,qaqe of the City. 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. Datedthis 3rd dayof July' ,20 03 . CITY OF IOWA CITY FINANCIAL INSTITUTION HILLS BANK & TRUST COMPANY ~6,~g~r ~../_Reillmice Presiden% Attest: ~W ~1~ i~4t e~~Vi c~e- Pr e s i den% Cit~lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I.~ day of ~"-H.~- ~/ ,20 0'~ , before me, the undersigned, a Notary Public in and for the State of Io,,~a, personally appeared Imrn~.~-,t ~. L. el~,-,-~,,t and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (erdirranee-)- (Resolution) No. 05 ~ ,al4, passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /~ day of ~-v ,20 b ~ , and that .~-,~¢s~l- ~. t..,,A~,~ and Marian K. Karr acknoWl'edged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. .,_~ SONDRAE FORT ~.lCommission Number 159791 I 5- ~-aC Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 3rd day of Jul:y , A.D. 20 03 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roger J. R~i]]y andwill~m ~. .~.~w~r~. , to me personally known, who being by me duly sworn, did say that they are the vice Preslden'c and 2nd Vice President, , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Vice Pres. and 2nd V~ce President 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. ~il ~,1 Comm~Nt~170/_~,O Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-217 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MORTGAGE ELECTRONICS REGISTRATION SYSTEMS INC., AS NOMINEE FOR WASHTENAW MORTGAGE COMPANY, ITS SUCCESSORS AND/OR ASSIGNS, ANN ARBOR, MICHIGAN FOR PROPERTY LOCATED AT 424 VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the total amount of $9,588.99, executed by the owners of the properly on August 21, 2000, and recorded on August 28, 2000, in Book 2999, Page 670 through Page 676, and in Book 2999, Page 677 through Page 681 and an amended Mortgage executed on February 13, 2001, recorded February 22, 2001, in Book 3038, Page 36 through Page 42 in the Johnson County Recorder's Office covering the following described real estate: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns is refinancing a mortgage in the amount of $133,600 to the owners of 424 Van Buren and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns secured by the proposed mortgage in order to induce Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns to make such a loan; and WHEREAS, Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns; and WHEREAS, there is sufficient value in the above-described real estate to secure said liens as a second and third liens, which is the City's original position. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa Ci~ and Mortgage Electronics Registration Systems Inc., as nominee for Washtenaw Mortgage'C~mpany, its successoj;s an~V~ assigns, Ann Arbor, Michigan. ~;~~~.t. ~~ -I~A'?OR' - ' ' - -- ATTEST: ~"~~ ~ ~ Appr~~',,'~ ~',, 3r_ ~_ ~ CI'F?'C~ERK City Attorney's Office Resolution No. 03-217 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ;( Lehman ~ O'Donnell Pfab X Vanderhoef X Wilbum ppdreha b/ms/424va nbumn-su bord.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Mort,qaRe Electronics Reqistration Systems Inc., as nominee for Washtenaw Mortgage Company, its successors and/or assigns of Ann Arbor, Michigan, heroin the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqages which at this time are in the amount of $9,588.99, and whero executed by James H. and LeAnne J. Dreier (heroin the Owner), dated August 21, 2000, rocorded Au,clust 28, 2000, in Book 2999, Page 670, through Page 676, and in Book 2999, Page 677, through Page 681, and dated February 13, 2001, recorded February 22~ 2001, in Book 3038, Page 36 through Page 42, Johnson County Recorder's Office, covedng the following described real property: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $133,600 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covering the roal property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort.qaqes 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 heroto, the parties agree as follows: 1. Subordination. The City heroby covenants and agroes with the Financial Institution that the above noted Mort,qaqes 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 roceipt from the Financial Institution of One Hundrod and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination heroin. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the MortRaqes 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 {-% day of ~-~L~ ,20 O~ . CITY OF IOWA CITY FINANCIAL INSTITUTION CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / ~ day of .~t.~L.~ ,20 0.5, b._efore me, the undersigned, a Notary Public in and for the State of Io personally appeared ~-cn,~.~.~ /.4). L.~.~_ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ord!nc~ce) (Resolution) No. o~ --~/7 passed (the Resolution adopted) by the City Council, under Roll Call No. · of the City Council on the /_.~ day of :..J--~ ,20 o 5 , and that E_~-,~.~_~¢ ~. [.~/,,~,.. and Madan K. Kan- acknowledged the execution of the instrument to be their voluntar~ act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.  '~J SONDRAE FORT 1 ICommission Number !59791~ J'~'l My Commi~io, ~l~, I NO~ Public in and for the State of Iowa STATE OF ~9LI~) ) ss: COUNTY ) On this '~-(¢~% day of ~ , A.D. 20 O ~. before me, the undersigned, ~a Notaw Public in and for the State of,~.DeBonay appeared ~E ~ and , t~l~Bonally known, who being by me duly sworn, did say that they are Be U~¢~ ~¢~.~ and , respectively, of said ~rporation executing ~e within and foregoing inst~ment to which this is a~ached, that said inst~ment was signed and sealed on behalf of said corporation by authod~ of its Board of DirectoB; and that the said and as such o~ a~no~edged the execution of said inst~ment to be the voluntaW act and deed of said co~oration, by it and by ~em volun~dly executed. No~ Public in an~ for the State of~ Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 03-218 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DEAN OAKES, AND KLDP INC., d/b/a ONE TWENTY SIX, FOR A SIDEWALK CAFe; WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowner Dean Oakes and KLDP Inc., dgo/a One Twenty Six, applied for temporary use of the public right-of-way at 126 E. Washington St, Iowa City, Iowa for a sidewalk caf6, and anchored fencing and raised platform thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 15tlxlay of'Ou]V ,~ -YOR ATTEST:ci~~E~ 9~/' ~ Approved by: City Attorney's Office 126 Sidewalk Caf~ Resolution No. 03-218 Page, 2 It was moved by Champ~ on and seconded by n ' r)nnnP11 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~( Wilbum Prepared by: Ron Knoche, Ci~ Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 03-219 RESOLUTION ACCEPTING THE WORK FOR THE sco'n' BOULEVARD LANDSCAPE - FIRST AVENUE TO ROCHESTER AVENUE PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Scott Boulevard Landscape - First Avenue to Rochester Avenue Project, as included in a contract between the City of Iowa City and Lewis Brothers Tree Farm, Inc. of Oxford, Iowa, dated April 1, 2003, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $34,082.00. 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 l_~Sth__~ day of July . __ Approved by CITY'GL~RK City Attor~'~"~ce ~ It was moved by Champion and seconded by 0'Donnel ] the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner x Lehman X O'Donnell X . Pfab X Vanderhoef X Wilbum Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 03-220 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY02 CELL CONSTRUCTION PROJECT. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new landfill cell in accordance with all state and federal regulations as constructed by J.B. Holland Construction, of Decorah, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 3.5th day of dul,y ,2003. MAYOR Approved by City Attorney's ~ffice It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-221 RESOLUTION ACCEPTING THE WORK FOR THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Water Facility Improvements Bloomington Street Booster Station Project, as included in a contract between the City of Iowa City and Wendler Engineering and Construction, Inc., of South Amana, Iowa, dated November 11, 2001, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $818,273.81. 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 15th day of July 20. 03 MAYOR Approved by Cit~ Attom(~y'~"Office It was moved by Champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-222 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, PUBLIC IMPROVEMENTS FOR THE RESUBDIVlSION OF LOT 236, WASHINGTON PARK, PART 11 AND AUDITOR'S PARCEL 2001023, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for the resubdivision of Lot 236, Washington Park, Part 11 and Auditor's Parcel 2001023, as constructed by Borkenstedt Excavating, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 15th day of Jul ,20 03. 'Y ATTEST: ~/~~ CITY C"EERK Ci~¢¢,~o~ey~ (~ffice It was moved by 6hampion and seconded by 0'Donne'l] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: }( Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pwengJmsJlot236washpk.doc CITY OF IOWA CITY 410 East Washington Strcct Iowa City, Iowa 52240-1826 (319) 356 (319) 356 5009 FAX www.icgov.org ENGINEER'S REPORT ,July 3, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Resubdivision of Washington Park Part Eleven, Lot 236 and Auditor's Parcel 2001023 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for the Resubdivision of Washington Park Part Eleven, Lot 236 and Auditor's Parcel 2001023 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 03-223 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES - PART 4, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Wild Prairie Estates - Part 4, as constructed by Yordi Excavating, Inc. of North Liberty, Iowa. Paving improvements for Wild Praide Estates - Part 4, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements am hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access am hereby formally accepted and declared open for public access and use. Passed and approved this 151:h day of ,lull, ,20 03 Approved by ClT'r'"~LE RK (~it~ A'tto~ney's-~)ffi~'-'~ It was moved by Chamoion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ENGINEER'S REPORT July 10, 2003 Honorable Mayor and City Council Iowa City, IA Re: Wild Prairie Estates - Part 4 Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Wild Prairie Estates - Part 4, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements by Yordi Excavation, Inc. of North Liberty, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng\lt~wild praide4-engrpt.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356 5000 · FAX {319~ 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-224 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XXlI, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main imprevements for Village Green - Part XXII, as constructed by Yordi Excavating, Inc., of Cedar Rapids, Iowa. Paving improvements for Village Green - Part XXII, as constructed by Streb Construction Co., Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 15th day of 2003 . MAYOR CITY'CLERK Ci[y'A-tt~r~y~ Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon rell call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pw~ng/res/v~llagegm22.doc CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 1319) 356-5000 (319) 356 5009 FAX www.icgov.org ENGINEER'S REPORT July 3, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Part XXII Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main and paving improvements for Village Green - Part XXII have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line and water main improvements constructed by Yordi Excavating, Inc. of Cedar Rapids, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Iowa Department of Transportation District 6 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150, Cedar Rapids, IA 52406-3150 roger.waltong~doLstate.ia, us July 29, 2003 Ref: UST-1-5(75)--4A-52 Johnson County City of Iowa City Agreement 6-03-USTEP-31 Jeff Davidson, Director JCCOG Traffic Engineering Planning 410 East Washington Street Iowa City, IA 52240 SUBJECT: USTEP Project Dear Jeff: I have attached your original copy of the fully executed agreement between the City of Iowa City and the Iowa Department of Transportatiou for the above referenced project. The project involves installation of traffic signals o Iowa 1 (North Dodge Street) at the intersection of Northgate Drive. As you proceed to implement this pmjeet, please be aware of the following ~quirements in the agreement: · Plans, specifications and an angineer's cost estimate are to be submiUed to me for rew~.~v and approvul at least thirty (30) days prior to project letting. · Our dcpaganent must concur in the award of contract prior to the city awarding the contract. Therefore, you need to submit to this office bid tabulations within five (5) days after the letting. * You must certify to mo that all known environmental permils have been received and that all environmental regulations have been complied with before this district office will reimburse or credit funds. · If this project is within or adjacent to the Iowa Department of Transportation Right of Way, you must contact Dave ]~nmirgz Engineering Operations Technician, in the Cedar Rapids office. Before this project is let, you must obtain any needed permi~ fi.om Dave. No project will be allowed to start without the required If you have any questions concerning the above subject matter, please contact me at the above listed phone number. Very truly yours, R. Walton, P.E. Local Systems Engineer RRW:keh Attachment cc: J. IL Tribolet, Office of Finance, Iowa DOT, 800 Lincoln Way, Ames, IA 50010 w/attachment Dave Ramirez, Engineering Opemfiou Technician, Cedar Rapids Office Prepared by: Klm Johnson. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATrEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE USTEP PROJECT - IOWA HIGHWAY '1 (DODGE STREET)INORTHGATE DRIVE TRAFFIC SIGNAL PROJECT (UST-'I-$(75)--4A- s2). WHEREAS, the City of Iowa City, Iowa, has negotiated with the Iowa Department of Transportation an agreement for USTEP project (UST-1-5(75)~a-52) for the installation of traffic signals on Iowa Highway I at Northgate Drive; this agreement will provide a maximum USTEP funding not to exceed the amount of 55% of eligible construction costs of $110,000, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation; and WHEREAS, the developer, Northgate Corp. Park, will contribute the 45% local matching funds for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest in duplicate the agreement between the City of Iowa City and the Iowa Department of Transportation for USTEP funds. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 15th day of ~, 20. 03, MAYOR CITY'CLERK C It'y"'At~o ~1~ y' s'~O ffi c e ' Resolution No. 03-225 Page 2 It was moved by Ct~ampi on and seconded by 0'Donnell the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X . Kanner X Lehman X . O'Donnell X Pfab X Vanderhoef X Wilbum Jahualy 2001 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN-STATE _TRAFFIC ENGINEERING PROGRAM (U-STEP) PROJECT CITY: Iowa City PROJECT NO: UST-1-5(75)--4A-52 Iowa Department of Transportation AGREEMENT NO:6-03-USTEP-31 STAFF ACTION NO: 30894 This is an agreement between the city of Iowa City, (hereinafter called CITY) and the Iowa Department of Transportation (hereinafter called DEPARTMENT) to enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of the governing bodies involved. The DEPARTMENT provides funds through the Urban-State Traffic Engineering Program (U- STEP), a cooperative program for safety or operational improvements on primary road extensions. The DEPARTMENT has made these funds available for reimbursement and will share eligible construction and right-of-way costs in the ratio of 55 percent DEPARTMENT funds and 45 percent local funds, up to a maximum amount in DEPARTMENT funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement". A "spot improvemenff shall mean a limited improvement project such as intersection reconstruction or signalization; and a "linear improvement" shall mean an improvement project such as street or highway widening or reconstruction which spans two or more intersections. The CITY proposes to develop and complete the following described U-STEP project: Spot Improvement: To in.all traffic signals on Iowa 1 (North Dodge Street) at the intersection of Northgate Drive. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to prox4de U-STEP funding to the CITY for the authorized and approved costs fi~r e!i~b!e items associated with project improvements as described above. ,EXHIBIT Page 2 In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follbws: 1. The CITY shall be the lead local governmental agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of the U- STEP project. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the CITY's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The CITY's contact person shall be the City Engineer, Public Works Director, or a Consulting Engineer hired by the CITY for a particular project.. 3. The estimated total of eligible construction and right-of-way cost for this project is $110,050. If, upon completion of final plans, the cost estimate exceeds the preliminary total estimate contained herein by 20 percent or more, the increased cost must be approved by the DEPARTMENT prior to contract letting or the extra work must be approved before the beginning of construction. 4. The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a part of this Agreement. EXIqlBIT'A Page 3 IN WITNESS WHEREOF, each &the parties hereto has executed Agreement Number 6-03-USTEP-31 as of the date shown opposite its signature below. City I~2it~, BylaW, Date 0 Title 0 I, ~o,.r;c.4r~ /4. /Stta,'~ ,certifythatlamtheClerkoftheCITY, andthat ~v~xq',q-[ {X.). [~mo~ , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the /~ .day of ~, Signed ~ "~. ~ Date City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division Roger R. Walton, P.E. Local Systems Engineer District6 . J~inuaty 2001 U-STEP EXHIBIT Standard Provisions for Project Agreement 1. The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of race, creed, color, sex, age, religion, national origin, or handicap/disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives state funds from the DEPARTMENT. 2. The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small Busmass (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppbers or participants m the work covered by this agreement Efforts shall be made and documented in accordance with Exhibit A which is attached hereto and by dais reference is made a part of fids agreement. 3. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Dapamaent of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 4. The DEPARTMENT will share, as stated in the agreement, for ltae costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the proportion that the street right-of-way of the primary road exlension bears to the total drainage area to be served by the proposed sewers. The CITY shall be responsible for the remaining portion of storm sewer costs not paid for by the DEPARTMENT. 5. If right of way must be acquired for the project, the CITY shall negotiate and secure the necessary right of way using the most appropriate of the following methods: a. When right of way is to be acquired, before acquisition procedures are begun, the CITY shall meet the staff from the DEPARTMENTs Office of Right of Way (ROW) to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Adminis~ative Code (1AC) Chapter 111; and determine what areas, if any, are to be acquired in the name of the DEPARTMENT and what areas, if any, in the name of the CITY. b. The CITY must certit~ no later than 10 weeks prior to the letting that the CITY has acquired possession of all required right of way. Should eminent domain proceerdings be required, the CITY will condemn or appeal in the name of ~he CITY or the DEPARTMENT, whichever applies. The project letting may not be held until the CITY has certified flint the right of way has been acquired. ,EXHIBIT 'A ' Page 2 c. The CITY will meet with the DEPARTMENT's staff (ROW Office) to determine who shallbe responsible for demolition and/or property management functions. d. The C1TY as well as its contractors, if any, agree to maintain all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under fi.is Agreement and to make such materials available at their respective offices at all reasonable times dUnng the Agreement period and for three years from the date of the final payment under the Agreement, for inspection by the DEPARTMENT or Federal Highway Administration (FHWA). Upon completion of the acquisition for each parcel, all original documents for said acquisition shall be delivered to and become the property of the DEPARTMENT. e. In accordance with 761 Iowa Administrative Code0AC) Section 150.3(1)(b), the CITY will be responsible for providing, without cost to the DEPARMENT or the project, all right of way which involves dedicated streets or alleys, and other city- owned lands, easements and fights in land except park lands, subject to the condition that the DEPARTMENT will reimburse the CITY for the value of improvements situated on said city-owned lands if any. Tho C1TY has apprised itself of the value of these lands, and, as a portion of its participation in the project, voluntarily agrees to make such lands available without further compensation. 6. The CITY will prepare and furnish to the DEPARTMENT for review the necessa~ project plans, specifications, and an estimate of cost for the proposed construction project. Traffic signals shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways {MUTCD). 7. Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and estimate, the DEPARTMENT will give the CITY written notice to proceed with the project. For the portion of the project under contract by public letting, the C1TY shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the contract The CITY shall submit the letting documents to the DEPARTMENT for concurrence prior to formal action in the award of the contract. 8. The project must be let to contract within two (2) years of the date this agreement is approved by the DEPARTMENT. If not, the CITY may be in default, for which the DEPARTMENT may revoke funding commitments. This agreement my be extended for a period of six (6) months upon receipt of a written request from the CITY at least thirty 00) days prior to the two (2) year deadline. ,EXHIBIT'A Page 3 9. The CITY will be responsible for the costs of the construction. Acceptance of the completed construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare and submit to the DEPARTMENT a detailed billing statement of materials, installation, and construction costs incurred by the CITY. Design, inspection, and administration costs will be borne by the CITY. If said statement and documentation is in proper form, the DEPARTMENT will promptly reimburse the C1TY in the amount of 55 percent of the eligible costs of the project, taking into account the limitations as stated in the agreement. 10. Signs and other traffic control devices necessany for construction of the project shall be in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways" CMUTCD) per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, banicades, signs, flood lighting, and warning lights as necessmy. 11. Parking shall be prohibited on the minor street approaches for a distance of 35 fl. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 fi. beyond the stop signs and/or crosswalks which shall go into effect at such time as the project is completed and opened to through traffic. 12. Upon completion of the project, the CITY will certify that the project was completed in substantial compliance with the plans end specifications set out in this agreement before receiving final reimbursement of DEPARTMENT funds. 13. The CITY shall provide to the DEPARTMENT three (3) copies of the "as-built" project plans, within six (6) months after the project is built. 14. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at its expense so long as signal protection is considered by either party as necessa~ at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at tho CITY's expense, and may be installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the C1TY. 15. Periodic billing statements may be submitted by the CITY during progress of the work. The DEPARTMENT will review these statements and make recommendations as to their payments. Payments will be made in accord with Paragraph 9 above. The RECIPIENT shall submit a final detailed billing statement to the DEPARTMENT no later than one (1) year after the date the DEPARTMENT concurs in the acceptance of tho completed construction. If a final detailed billing statement is not submitted tp the DEPARTMENT by tho CITY in the one (1) year period, the DEPARTMENT will close the project's financial records without making additional reimbursement to the CITY un~ess a time extension is requested. The time extension should be requested in writing by the CITY and approved by the DEPARTMENT, at least thirty (30) days prior to the one (1t year deadline. EXHIBIT A · Page 4 17. The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless from any action or liability arising out of tho design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 18. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. 19. This agreement is not assignable without tho prior written consent of the DEPARTMENT. 20. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbi~alion. The written notice must include a precise statement of the dispute. The DEPARTMENT and tho CITY agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal coum absent exhaustion of the provisions of this paragraph for arbitration. 21. This agreement, as set forth in itams 1 through 4 and paragraphs I through 21 ortho U-STEP EXHIBIT and EXHIBIT A, constitutes the entire agreement between the DEPARTMENT and the CITY. No representations, promises, or warranties have been made by either pan'y that are not fully expressed in this agreement Any change or alterfition to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written approval of the DEPARTMENT and the CITY. March 1999 EXHIBIT A UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity ~o participate in the performance of contracts financed in whole or part with state funds. Under this policy it is the responsibility of the recipients of state funds to help financo projects to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement The Recipienfs "positive efforts" should include, but not be limited to: 1. Obtaining the names of qualified TSB contractors from the Iowa Department of Economic Development (515-242-4721) and/or seek these contractors through advertising in general- circulation, trade association or minori~-focused media The Iowa Department of Management shall determine whether contractors who respond to such advertisements qualify for TSB designation~ 2. Notifying qualified TSBs of proposed projects involving stat~-assisted funding. Notification should be made in sufficient time to allow the TSBs to participate effectively in the bidding process. 3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work. 4. Including in the bid proposals for state-assisted projects, a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)", or a similar document developed by the Recipient. 5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending on the type of project, the projects sub- contractible items, the type of service or supplies needed for the project, and the availability of qualified TSBs in the are& .EXI-flBIT ~. · Page 2 The Recipient shall agree to provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals noting established TSB goals, if any. 3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project or projects covered by this agreement. 4. The attached "Checklist and Ceaification" form shall be filled out upon completion of each project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts. IV[a~clt 1999 CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ON NON-FEDERAL AID PROJECTS (THiRD-PARTY STATE-ASSISTED PROJECTS) CITY: PROJECT NUMBER: AGREEMENT NUMBER: 1. Were qualified TSB names obtained from the Department of Economic Development? YES NO If no, explain 2. Were qualified TSBs notified of project? YES NO If yes, by letter , telephone , personal contact , other __ If no, explain 3. Were bids solicited from qualified TSBs? YES __ NO If no, explain 4. Was a goal or percentage (%) established for TSB participation? YES NO If yes, what was the goal or (%) If no, explain why not, 5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? YES NO If no, what action was taken by the City Is documentation in files? YES __ NO. 6. What was the dollar amount reimbursed to the City from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSBs? $ Name and address of the TSB (Use additional sheet if necessary) Was the goal or percentage (%) achieved YES NO If no, explain I certify that the CITY used positive efforts to utilize TSBs as participants in this project. PROJECT ENGINEE~MANAGER DATE Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 03-226 RESOLUTION APPROVING THE SlGNAGE FOR "ZEPHYRS" LOCATED AT 124 E, WASHINGTON STREET, WHEREAS, the applicant, Steve Pijunen, has filed an application for the design approval of the exterior signage of "Zephyrs Copies and Design" located at124 E. Washington Street, hereinafter "Project;" and WHEREAS, the applicant has applied for tax exemption under the Central Business Urban Revitalization Plan; and WHEREAS, given that the project consists of new construction within the Central Business District Urban Revitalization Area, and is a non-historic structure, Section 4 of the Central Business District Urban Revitalization Plan requires the Design Review Committee to review this application and make a recommendation to City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Planning and Community Development Department, has been reviewed by the Design Review Committee end after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of Chapter 14-4E of the Unified Development Code, Design Review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage of "Zephyrs Copies and Design" located at 124 E. Washington Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon fulJ compliance with all applicable codes and ordinances. Passed and approved this ].Sth day of Jul ¥ ,2003. MAYOR Zppr~ed,~ ~___,~ CITY"~LE RK Cit'y~,~o(Yi'~y~ Office Resolution No. 03-226 Page, 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilbum Design for Zephyr signage approved by the staff Design Review Committee July 14, 2003 c o p.l'e s& d e s I g Fi . ,/ Revised:6/26/03 I JOB # "~ .... / PFtC)L3UCTIC)I%I I:~INT JOB NAME Zephyr - Ped Mall Channel letters -- ~ ~, I dOB DESCRIPTION Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 03-227 RESOLUTION PETITIONING THE IOWA CONGRESSIONAL DELEGATION TO SUPPORT THE NATIONAL HOUSING TRUST FUND ACT OF 2003 (HRI'I02) THAT WILL CREATE, REHABILITATE, AND PRESERVE 1,5 MILLION UNITS OF AFFORDABLE HOUSING IN THE UNITED STATES OVER THE NEXT 10 YEARS. WHEREAS, in Iowa City in 2002, an extremely Iow income household (earning $19,440, 30% of the Area median income of $64,800) can afford a monthly rent of no more than $486, while the Fair Market Rent for a two bedroom is $610/month; and WHEREAS, a worker in Iowa City must earn $11.73 per hour working 40 hours per week to afford a two bedroom unit. This is 228% of the present $5.15 minimum wage. A worker at minimum wage would have to work 91 hours/week to afford a two-bedroom unit; and WHEREAS, in Johnson County, the demand for affordable housing far exceeds the supply-- 12,233 households at 50% of the area median income ($38,000) compete for 8,504 rental units affordable at that level; and WHEREAS, by October 2002, the Iowa City Community School District had identified 223 homeless students. A lack of affordable housing is considered one of the contributing factors to homelessness; and WHEREAS, the availability of affordable housing lowers tenants' and homeowners' monthly housing costs. These savings get reinvested in the local economy; and WHEREAS, the construction of affordable housing is a viable economic development strategy. Housing construction creates higher paying construction and industry-related jobs resulting from the increased demand for household goods and services; and WHEREAS, the Iowa City City Steps Consolidated Plan and Continuum of Care recognizes the need for more affordable housing units and additional funding resources; and WHEREAS, the National Housing Trust Fund Act of 2003 (HRl102) will create, rehabilitate, and preserve 1.5 million units of affordable housing throughout the nation over the next 10 years; and WHEREAS, 75% of these units will be targeted to the neediest households, those with incomes less than 30% of median income. Resolution No. 03-227 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The City Council reaffirms the importance and need for affordable housing and hereby petitions the Iowa Congressional delegation to support the National Affordable Housing Trust Fund Act of 2003 (HR 1102). Passed and approved this 15th day of ~]ul y ,20 03 MAYOR Approved by City Attorney's Office It was moved by Champion and seconded by 0'Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn City of Iowa City Housing and Community Development Commission 410 E. Washington Street Iowa City, Iowa 52240 (319) 356-5230 COMMISSIONERS: May 28, 2003 Amy Correia Chairperson Iowa City City Council September 2000-2003 Civic Center Iowa City, IA 52240 Ricl House V'we-Chair Dear Members of the Council: September 2000-2003 At its May 15a monthly meeting, the Housing and Community Development Jerry Anthony Comtmssion unanimously voted "yes" in support ora resolution endorsing the September 2002-2005 National Housing Trust Fund Campaign. This resolution is attached for your review. Lori Bears September 2001-2004 The National Housing Trust Fund Campaign supports the establishment of a National Housing Trust Fund to serve as a source of revenue for the production of John Deeth September 2001-2004 new housing, and the preservation or rehabilitation of existing housing that is affordable for low income people. Legislation (Iq. IL 1102) was introduced in the Mark Edwards U.S. House of Represenatives in March. There are now 200 co-sponsors. As of yet, September 2002-2005 legislation has not been introduced in the U.S. Senate. Matthew Hayek The Campaign is a grassroots effort to encourage lawmakers to support legislation September 2001-2004 at the federal level to dedicate an on-going funding source for affordable housing. Its strength is m its numbers. The Campaign maintains a list of the endorsers, Morgan Hoosman which now includes over 4,000 national organizations, religious leaders, elected September 2000-2003 officials, bodies of government, and other organizations. Jayne Sandier HCDC encourages the City Council as a group, as well as its individual members, to September 2002-2005 endorse the National Housing Trust Fund Campaign. The endorsement list is a powerful tool in showing lawmakers the concern across the nation about the STAFF: affordable housing crisis and the need for a trust fund. Adding the City of Iowa City and individual councilor names adds considerable weight to the campaign. Steve Nasby Attached is an endorsement form. Mom information about the campaign can be Communi~ ~Economic found on the Intemet at wx~v.nht~.org. Development Coo~inator Steve Long Thank you for your co.nsiderafion of this request. ~tssodate Planner TmcyHigbtsboe ATrny'Ctt'rei~'~ ~ ~ ~ A~sodate Planner Chairperson ENC. National Housing Trust Fund Resolution A resolution petitioning the Iowa City Housing and Community Development Commission to support the National Housing Trust Fund that will create, rehabilitate, and preserve 1.5 million units of affordable housing over the next 10 years. Seventy five percent of the funds are targeted to households with incomes less than 30% of the median income. Whereas, in Iowa City, an extremely low income household (earning $19,440, 30% of the Area median income of $64,800) can afford a monthly rent of no more than $486, while the Fair Market Rent for a two bedroom is $610/month. Whereas, a worker in Iowa City_must earn $11.73 per hour working 40 hours per week to afford a two bedroom unit. This is 228% of the present $5.15 minimum wage. A worker at minimum wage would have to work 91 hours/week to afford a two-bedroom unit. Whereas, in Johnson County, the demand for affordable housing far exceeds the supply - 12,244 households at 50% of the area median income ($38,000) compete for 8,504 rental units affordable at that level. Whereas, by October 2002, the Iowa City Community School District had identified 223 homeless students. A lack of affordable housing is considered one of the contributing factors to homelessness. Whereas, the availability of affordable housing lowers tenants and homeowners monthly housing costs. These savings get reinvested in the local economy. Whereas, the construction of affordable housing is a viable economic development strategy. Housing construction creates higher paying construction and industry related jobs resulting from the increased demand for household goods and services. Whereas, the Iowa City City Steps Consolidated Plan and Continuum of Care recognizes the need for more affordable housing units and additional funding resources. Now, therefore, be it resolved that the Iowa City Housing and Community Development Commission reaffirms the importance and need for affordable housing and hereby petitions the Iowa City City Council and the Iowa Congressional delegation to support the National Affordable ltousiug Trust Fund Act of 2003 (}IR no2) May 15, 2003 (~IILU[ 0~,}-~-~ /~ ~~'~'---~ Date v_. 0' Chair Vi~e Chair The National Housing Trust Fund Campaign c/o National Low Income Housing Coalition · 1012 Fourteenth Stxeet, NW, Suite 610 · Washington, D.C. 20005 · (202) 662-1530 phone · (202) 393-1973 fax · wvw.nhff.org Declaration of Support (Name of Organization) Endorses the establishment of a National Housing Trust Fund and pledges to work for passing National Housing Trust Fund Legislation. We agree to be listed as a parmer in the national Campaign, and agree to participating in the following ways: (check all that apply) __ We will seek endorsements from 5 other organizations in our area. __ We will publish an article about the Trust Fund Campaign in our newsletter. __ We will send letters to our members of Congress urging them to support the Trust Fund. __ We will meet in person with our members of Congress to urge them to support the Trust Fund. __ We will write a Letter to the Editor of our local paper about the Trust Fund. __ We will distribute information about the Trust Fund at our meeting/event. (Forms are available for download at www.nhtf.org/en~dc~r~ertools.hmq ) __ We would like a speaker about the Trust Fund at our event/function. Please call to schedule. Other: Authorizing Contact Mailing Address City. State Zip Phone Fax Email Congressional District (Tools to assist endorsers with Lhe above activities are at www.nhtf, org/endorsertools.htm ) Mail, fax or email to the National Low Income Homing Coalition Mail: see above email: iulie@nlihc.ore fax: (202)393-1973 phone: (202) 662-1530 x223 A fuU policy propo~l is available at www nhff. org. Please tell others you work with about the Campaign. Prepared by: Madlyn Kdz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 03-228 RESOLUTION SUPPORTING THE WATERWORKS PARK PRAIRIE PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES WHEREAS, the City of Iowa City has heretofore acknowledged the importance of developing this park; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said project for the citizens of Iowa City; and WHEREAS, the City Council has appropriated $200,000 in General Obligation Bonds to assist with trail and parking lot construction; and WHEREAS, the Iowa Department of Natural Resources has grant funds available through its "Resource Enhancement and Protection" program; and WHEREAS, the City of Iowa City has prepared a grant application for submission to the Iowa Department of Natural Resources which now requires approval and directive by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above-described "REAP" grant application receive the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this 15th day of ~]U] Y ,20 03 MAYOR CITY'"CLERK - It was moved by Champ'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn I07-15-03 5d Prepared by: Shelley McCaffedy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB03~0022) RESOLUTION NO. 03- 229 A RESOLUTION APPROVING A FINAL PLAT OF HIGHLAND WOODS, A 6.92-ACRE, 10-LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF CUMBERLAND LANE. WHEREAS, the owner, Arlington Development Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Highland Woods, 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 Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence S00°02'42"E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence S00°02'42"E, 370.38 feet on said East line; Thence N89°28'11'W, 1217.03 feet; Thence N36°18'05"E, 12.86 feet; Thence N56°21'31"E, 408.32 feet; Thence N85°44'22"E, 297.52 feet; Thence N78°49'21"E, 326.95 feet; Thence N81°37'27"E, 254.40 feet to the Point of Beginning. Said tract containing 6.92 acres, more or less, 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, 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, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the ownedsubdivider. Passed and approved this 15th day of Jul y ,2003. Resolution No. Page 2 Approved by CITY"CL-ERK C~'yVA~oYn e y~ Office It was moved by 0'Donne]l and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X . O'Donnell X Pfab X Vanderhoef X Wilbum ~i~JO YTIO STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB03-00022 Highland Woods Date: June 19, 2003 Final Plat GENERAL INFORMATION: Applicant: John Moreland 1476 South 1st Avenue Iowa City, IA 52240 Contact Person: Duane Musser MMS Consultants 1917 S. Gilbert Iowa City, IA 52240 Phone: 351-8282 Requested Action: Approval of final plat Purpose: To create an 10-lot subdivision Location: West extension of Cumberland Lane Size: 6.92 acres Existing Land Use and Zoning: RS-5, Low Density Single Family Residential Surrounding Land Use and Zoning: North: P, pubiic open space South: County, golf course East: RS-5; residential West: Public; open space Comprehensive Plan: 2-8 dwelling units per acre File Date: May 29, 2003 45-day Limitation Period July 13, 2003 BACKGROUND INFORMATION: The applicant, ,John Moreland, is requesting approval of the final plat of Hi§hland Woods. This is a 10-lot, 6.92-acre subdivision located west of Cumberland Lane. The preliminary plat for Highland Woods was approved by City Council on June 10. 2 ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers have also been received and are being reviewed by the City Engineer and legal staff. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. A sanitary sewer tap-on fee is not required. A water main extension fee is required at $395 per acre for a total fee of $2,733.40. Payment in lieu of dedication of open space should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB03-00022, a final plat of Highland Woods, a 6.92-acre, 10-lot residential subdivision located west of Cumberland Lane be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~'/~ Robert Miklo, Senior Planner, Department of Planning and Community Development SITE LOCATION: Highland Woods SUB03-00022 6.91 AC Final Plat !-~, ~_~ HIGHLAND WOODS -i! ! .~ .... Iowa Ci[y, Iowa Prepared by: Shelley McCatferly, Assoc. Planner 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB03~0023) RESOLUTION NO. 03-230 RESOLUTION APPROVING A PRELIMINARY PLAT OF PINE RIDGE ADDITION, A RESUBDIVlSlON OF LOTS 17, t8, 19 AND 20 OF MEADOW RIDGE PART TWO, A 2.21-ACRE, 2-LOT SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET, WHEREAS, the owner, CJ's Construction Inc., filed with the City Clerk of Iowa City, Iowa, and application for approval the preliminary plat of Pine Ridge Addition, a resubdivision of Lots 17, 18, 19 and 20 of Meadow Ridge Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The preliminary plat of Pine Ridge Addition, Iowa City, Iowa, is hereby approved. 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 15th day of ~ ,20 03 . Approved by /. ClTY"C--L. ERK City Attorney's Office It was moved by Champion and seconded by O'Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB03-00023 & SUB03-00025 Pine Ridqe Addition Date: May 15, 2003 GENERAL INFORMATION: Applicant: CJs Construction, Inc. 2207 Hill Drive Solon, IA 52333 Contact Person: Duane Musser MMS Consultants 1917 S. Gilbert Iowa City, IA 52240 Phone: 351-8282 Requested Action: Approval of preliminary and final plats Purpose: To resubdivide Meadow Ridge Part 2 and create a 2-lot subdivision Location: Southeast corner of Meadow Ridge Lane and North Dubuque Street Size: 2.21 acres Existing Land Use and Zoning: Single family residence, vacant Surrounding Land Use and Zoning: North: RS-5; residential South: RS-12, vacant East: RS-5; residential West: Public; open space Comprehensive Plan: Single-Family/Duplex Residential File Date: May 29, 2003 45-day Limitation Period July 13, 2003 BACKGROUND INFORMATION: The applicant, CJ Construct[on, is requesting approval a the preliminary and final plats of Pine Ridge Addition. This is a resubdivision of Meadow Ridge Part Two, Lots 17, 18, 19 and 20 and will result in a 2.21~acre, two-lot subdivision. At its April 22 meeting, the Planning and Zoning Commission voted to recommend an OPDH rezoning and plan for 13 townhouse-style units in addition to the existing single-family dwelling. Council adopted this OPDH rezoning and plan on May 20. 2 ANALYSIS: Subdivision design: The subdivision as submitted generally complies with the subdivision and zoning code, as well as with the approved preliminary OPDH plan for this property. It consists of one 9,302 square foot, single-family lot on which an existing house is located, and a 1.97- acre lot for which an OPDH plan for 13 townhouse-style units has been approved. Both lots comply with the requirements of the RS-12, High Density Single Family Residential zone. Sanitary sewer and water: A sanitary sewer tap-on fee is not required for this resubdivision. A water main extension fee is required as well and the current fee is $395 per acre for a total fee of $806.65. Storm water management: Storm water management is not required because this subdivision is less than 3 acres in size. Open space: At the time this property was initially rezoned to Sensitive Ar(~as Overlay, the Parks and Recreation Commission recommended that fees be accepted in lieu of an open space dedication. 6,562 square feet of open space is requires for a development of this density, and this issue should be addressed in the legal papers. Sensitive Areas: When Meadow Ridge Part Two was rezoned to RS-12/SAO, High Density Single Family/Sensitive Areas Overlay, a conservation easement was established to delineate the buffer for the protected and critical slopes on the eastern portion of the site. This conservation easement will not change with this resubdivision. Final Plat: The final plat as submitted are in general ~onformance with the submitted preliminary plat and approved preliminary OPDH plan. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers are also being reviewed by the City Attorney and Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. STAFF RECOMMENDATION: Staff recommends that SUB03-00023 and SUB03-00025, a preliminary and final plat for Pine Ridge Addition, a resubdivision of Lots 17, 18, 19 and 20 of Meadow Ridge Part Two, 2.21-acre, a 2-lot subdivision located at the southeast corner of Meadow Ridge Lane and North Dubuque Street, be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Haywood Drive RM 20 Knollw ~,olwyn cb ~,Camb ,.--,Cirde ,, Trevose -., ,aC--- dY,'--' ( ,,Place '" '- > ~' Ct "PnD H-t8 SITE LOCATION: North Dubuque Street SUB03-00026 FIL , Preliminary Plat ,,' Iowa City, Iowa ·/.~""**~..~ ~ ~o~ cr~, ~o ~ ~, m ~o~ ~ ~ ~ ~ hpl~. ~ " ,' / ~ ," ~ ~ ~....' " Iowa C~ty Iow~a~. ~ LEGEND AND NOTES PLAT/PLAN APPROVED by the City of Iowa City 6472012 Prepared by: Shelley McCafferty, Assodate Planner, 410 E, Washington St., Iowa City, IA 52240; 319-35~5243 (SUB03-00025) RESOLUTION NO. 03-231 RESOLUTION APPROVING A FINAL PLAT OF PINE RIDGE ADDITION, A RESUBDIVISlON OF LOTS 17, 18, 19 AND 20 OF MEADOW RIDGE PART TWO, A 2,21-ACRE, 2-LOT SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF MEADOW RIDGE LANE AND NORTH DUBUQUE STREET, WHEREAS, the owner, CJ's Construction Inc., filed with the City Clerk of Iowa City, Iowa, and application for approval the final plat of Pine Ridge Addition, a resubdivision of Lots 17, 18, 19 and 20 of Meadow Ridge Part Two, 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: Lots 17,18, 19 and 20 of Meadow Ridge Part Two. Said tract contains 2.21 acres and is subject to easements and restriction of record. WHEREAS, the Department of Planning and Community Development and the Public Works · Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved.this 15th dayof Jul~ ,2003. Resolution No. 03-231 Page 2 ~ Approved by It was moved by Champ]on and seconded by 0'Donne]l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: CORpnD ] Champion U~/~ T~,_~ L Kanner Lehman O'Donnell X Pfab X Vanderhoef X Wilburn YT!~ AWO! OT ~UTL3~I Prepared by: Bob Miklo, POD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB03-00008) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF TilE PENINSULA NEIGHBORHOOD, SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, the applicant, Terry L. Stamper Holdings, L.L.C., filed with the City Clerk the final plat of The Peninsula Neighborhood, Second 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: a PaRt OF AUDITOR'S PARCEL NO, 2001020, AS RECORDED IN BOOK 43 PAGE 43 AT THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the NW corner of Lot 1 of the Official Plat of Peninsula Neighborhood First Addition said point also being on the Northerly line of said Auditor's Parcel 2001020; Thence N65°31'42"W along said Northerly line, 149.97 feet; Thence S27°55'45"W 207.48 feet; Thence S40°27'14"W 53.00 feet; Thence S49°32'46"W 11.05 feet; Thence S40°27'14"W 180.52 feet; Thence S27°46'06"W 49.16 feet; Thence N62°12'38"W 10.27 feet; Thence S27°47'22"W 53.00 feet; Thence S62°12'38"E 110.32 feet; Thence S27°46'06"W 85.20 feet; Thence S12°47'39"E 81.75 feet; Thence N84°30' 41" E 106.48 feet; Thence S62°13'54"E 90.96 feet; Thence S64°46'22"W 433,45 feet; Thence S25°13'38"E 53.00 feet; Thence S25°11'37"E 102.73 feet; Thence S27°04'01" E 25.01 feet; Thence S29°13'54"E 8.94 feet; Thence N60°46'06"E 53.00 feet; Thence N29°13'54"W 5.23 feet; Thence N64°46'06"E 92.24 feet; Thence S72°13'54'' E 11.70 feet; Thence S29°13'54"E 16.27 feet; Thence N60°46'06"E 25.00 feet; Thence N29°13'54"W 14.52 feet; Thence N17°46'06"E 10.91 feet: Thence N64°46'06"E 92.26 feet; Thence S29°14'40"E 8.95 feet; Thence N60°45'20"E 53.00 feet; Thence N29°14'40"W 5.23 feet; Thence N64°46'06"E 46.35 feet; Thence S62°13'54"E 98.68 feet; Thence S29°13'54"E 21.48 feet; Thence N60°46'O6"E 25.00 feet; Thence N60°45'42"E 151.52 feet; Thence N29°14'I8"W 71.51 feet; Thence N27046'06"E 61.46 feet; Thence S62°13'54"E 250.95 feet; Thence Northeasterly 83.23 feet along.a 54.25 foot radius curve concave Northwesterly having a central angle of 87°54' 17" and a chord bearing N73'46'58"E 75.31 feet; Thence N29°43'06"E 98.82 feet to the Official Plat of Peninsula Neighborhood First Addition; Thence N60°00'57"W along the said Official Plat, 386.25 feet; Thence S29°51'49"W along the said Official Plat, 8.47 feet; Thence N62°13'54"W along the said Official Plat, 313.28 feet; Thence N27°46'14"E along the said Official PEat, 178.01 feet; Thence N62°13'54"W along the said Official Plat, 15.70 feet Thence N 27° 46' 06" E along the said Official Plat, 217.50 feet to the Point of Beginning. Said parcel contains 8.304 acres. AND Commencing at the SW Corner of Outlot F of the Official Plat of the Peninsula Neighborhood First Addition Thence N30°01'39"E along said Official Plat, 17.55 feet to the Point of Beginning; Thence continuing along said Official Plat, N30°01'39"E 244.80 feet; Thence N85°42'23'~/V along said Official Plat, 163.85 feet; Thence S29°51'49"W along said Official Plat, 174.00 feet; Thence S60°08'11"E, 120.00 feet; Thence S59°58'21"E 27.11 feet to the Point of Beginning, Containing 0.70 acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and Resolution No. Page 2 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 (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to cedify 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 day of ,20 . MAYOR Approved by ,,'] It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by:. Jeff Davidson, PCD DepL.. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 03-232 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER 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, construction of the Court Street Transportation Center is consistent with the Near Southside Redevelopment Plan adopted by the City Council; and WHEREAS, plans and specifications have been drafted for the construction of the Court Street Transportation Center; and WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 27~ day of August, 2003, or at a later date and/or time as determined by the Asst. Director of Planning & Community Development or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Center, Iowa City, Iowa, at 7:00 p.m. on the 9th day of September, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this ] ~th day of ,,,]t,l'l Y ,20 03 Approved by Cit~ ~t~r~l~y's {~ffice PpdadminVes~coudplans.doc Resolution No. 03-232 Page 2 It was moved by 0' Donne11 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman ~{ O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 03-233 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO A'rI'EST AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OPN ARCHITECTS INC, FOR ARCHITECTURAL DESIGN SERVICES. WHEREAS, there is an existing agreement between the City of Iowa City and OPN Architects Inc. for final design and engineering services for the Court Street Transportation Center; and WHEREAS, redevelopment plans in the Central Business District and Near Southside Neighborhood now make it desirable to add a sixth parking level with an additional 100 parking spaces to the existing design; and WHEREAS, City staff has negotiated the attached amendment to the existing consultant agreement with OPN Architects, to add the sixth parking level to the final design and engineering services for the Court Street Transportation Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The amendment to consultant's agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said amendment to consultant agreement in duplicate. Passed and approved this 15th day of July ,20 03 MAYOR C[TY'~_--ERK Ci~/~tt~r~'ey's Office It was moved by Wil burn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum June 23, 2003 ARCHITECTS Mr. Jeff Davidson, JCCOG Transportation Planner, 410 E. Washington, Iowa City, Iowa 52240 c~i~ ~l~s · o~s uoiN~s RE: Professional Services Fee Amendment Court Street Transportation Center FTA Grant No.: IA-03-0086 JEFF: In review of my files, 1 see I have yet to provide you with a current fee amendment for requested changes to thc documents. As discussed in March of 2003, OPN Architects, Inc. was asked to modify the drawings based on the FTA funding received plus adding an additional level to the deck taking it from a maximum 5 level ramp to a maximum 6 level ramp. The new engineering and documents will now be organized to show: 1. Base Bid: 3 Story Ramp with Tenant Shell Space 2. Alternate One: 4 level Ramp 3. Alternate Two 5 Level Ramp 4. Alternate Three 6 Level Ramp 5. Alternate Four Bus Tenant Fit Out This will result in redesigning the structural system, the exterior elevations, and modifications to nearly all the sheets. TO make these changes, in March we discussed this would be approximately an additional $150,000. We were authorized to proceed under this premise. We maintain the additional fee to be $150,000. This letter serves as an official fee amendment to the Owner-Architect Agreement dated October 8, 2001 in the amount of one hundred fifty thousand dollars ($150,000) and shall be added to the previously agreed to contract amounts. Our total fee breakdown to date reads as follows: Phase One Services $33,000.00 ~ ....... K K~,~,~, ~,~ Original Contract Amount $562,895.00 Daycare Fit out Amendment $42,090.00 Bus Station Fit out Amendment $21,400.00 NPDES Permit Fee Amendment $11,000.00 SUBTOTAL $820,385.00 Less Unfinished Daycare ($14,731.50) TOTAL CONTRACT $805,653.50 Our fee total would include architectural, structural, mechanical, & electrical engineering. OPNARCHITECI~'IIqC' We expect to meet the City's request of having complete documents ready for posting with the City Clerk. All other standard contract language previously negotiated between OPN 625FIRSTSTRLwETS'E'SUITE460 Architects, Inc. and the City of Iowa City would apply, c~o~ RAPII2~, IOWA 52401-2024 Court Street Transportation Center Fee Amendment Page 2 of 2 If you find this proposal acceptable, please sign both copies returning one back to our office for our records. This signed letter shall serve as an amendment to our original contract dated October 8, 2001. OPN Architects, Inc. looks forward to continuing our working relationship with the city of Iowa City. City of I//~.a~City Date 'Ciby-Clerk Ap rOV By X:~A Projects\03\03 CR\03220 CSTC\03220 Docs\062303-feeamend doc Prepared by: Kumi Morris, Engineering Div., 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 03-234 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'n'EST A CONTRACT FOR CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT. WHEREAS, Climate Engineers of Cedar Rapids, Iowa has submitted the lowest responsible bid of $46,366.00 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 Climate Engineers, 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. Passed and approved this 151:h day of ~lul.y ,20 03 Approved by CITY"~LERK City Attorney's Office It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ADVERTISEMENT FOR BIDs CiViC CENER NORTH COURT TRANE HVAC PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 11t~ day of July, 2003, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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. Pro- posals 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 15"' day of July, 2003, or at such later time and place as may be scheduled. The Project will involve the following: Installing a variable speed drive in the existing Civic Center North Court Trane HVAC. This also involves modifying the duct work system in order to reduce the static pressure with the noise and vibration. A pre-bid meeting will be held on Tuesday, July 1, 2003, at 10:00 a.m. on site, in Emma J. Harvat Hall, in the Civic Center located at 410 E. Washington Street. All work is to be done in strict compliance with the plans and specifications prepared by Shive- Hattery, Inc. 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 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 until a contract is awarded, 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 Council, and shall guarantee the prompt payment 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. The following limitations shall apply to this Project: Specified Start Date: September 2, 2003 Completion Date: November 14, 2003 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Shive-Hattery, Inc. at 2534 Northgate Drive, Iowa City, Iowa, 319-354-3040 by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. 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 quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. 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 pweng\ccntcthvacadbids doc 6/03 Prepared by: Kumi Mords, Engineering Div., 410 E. Washington St., Iowa City, iA 52240 (31~,356-5044 RESOLUTION NO.___ RESOLUTION AWARDING CONTRACT AND AUTHORIZlN.~'THE MAYOR TO "'~"~GN AND THE CITY CLERK TO AFl'EST A/CONTRACT FOR C(~TRUCTION OF THE CIVIC CENTER NORTH /G'/OURT TRANE HVAC PROJECT. WHEREAS, ,, of / has submitted the lowest responsible bid of $ x\, for construction of the abC;e-named project. NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for th~,.,.construction of the above-named project is hereby awarded to \ , subject to the condition that awardee secure adequate performance ~d payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby auth0~zed to sign and the City Clerk to attest the contract for construction of the above-na~ed project, subject to the condition that awardee secure adequate performance and payC~ent bond, insurance certificates, and contract compliance program statements. \ Passed and approved this day 0f~ ,20 MAY~)~  Approved by ATTEST: CITY CLERK ~n~y's Office It was moved by ,,, and seconded by % the Resolution be adopted, and up¢'n roll call there were: YES: NAYS: ABSEIq,,,T: . . Champion ~ Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pwengVes~orthcour[trane.doc Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 03-235 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROpERTy, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTy TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTy TAXES, WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. The assessment cannot be paid in installments. All unpaid assessments not paid within thirty (30) days after passage of this resolution shall bear interest at the rate of 9% per annum. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. For thirty (30) days following passage of this resolution, payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. Resolution No. 03-235 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the assessment schedule. Passed and approved this 15th day of ~luly ,2003. Approved by City Attomey/s Office It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn sue\Ord&Res~bateRes,doc EXHIBITA PROPERTY ADDRESS LEGAL PARCEL APPRAISED PROPERTY SERVICE DATE OF COST OF INVOICE INVOICE DESCR PTON NUMBER VALUE OWNER RENDERED SERVCE SERVICE NUMBER TOTALS 2923-25 CornellAve Oak Woods Add 101246200g $139,790.00 Morgan, Charles Weed 6/12/02 $75.00 1317 $75.00 Part 1 ot 25D Remora 729 Jefferson St Original Town of 1010411001 $93,100.00 Rooney, Ryan L ISidewalk 12/31/02 $1,321.60 2219 $1,321.6C Iowa City E40' of N65' Lot 1 BIk 19 516 Westwinds Regency Gardens 1017235002 $96,380.00 Franken, Kenneth Weed I 6/18/02 $43.75 1320 $43.75 Part 1 Lot 2 Removal I 716 George St Strebs lstAdd 1016267006 $101,100.00 Christian Retirement Sidewalk 12/31/02 $84.80 2218 $84.8(; Lot 8 Services Inc Repair 1406 Pine St Highland Dev2ndAdd 10143780021 $86,180.00 Jacks°n, Randolph Sidewalk 9/11/02 $519.40 2171 $519.4(; Lot 59 BIk 4I Repair 925 Washington Iowa City Outlots 1010480002 $177,710.00 Toch, Margaret Sidewalk 12/31/02 $56.64 2233 $56.64 W55' of E113' of N Repair 100' of Outlot 3 ¢26 Bayard Manville add Lot 7 1009151008 $137,710.00 Lewis Investment, Inc Weed 6/25/02 $62.50 1321 $62.50 & 8 BIk 12 Removal 325 E. Burlington Iowa City Outlots 1010463001 $264,150.00 NeI-MarTrust Weed E80' of N100' Removal 10/8/02 $154.85 1338 $154.85 Outlot 27 1311 2nd Avenue East Iowa City 1014478001 $149,500.00 Lynch, Lawrence Property Resubdivision of Clean-Up 11/29/02 $125.00 5463 $125.00 BIk 11 Lot 2 Recorded in Bk 22 Pg 9 JCREC 714 Brookside Drive Court Hill Add 1013142001 $124,980.00 Deeth, John & Laura Property 4/7/03 $135.00 6325 $135.00 Part 13 Lot 552 clean-up EXHIBIT B Sample letter to owner giving courtesy (i.e., not required by the Code) notice of the Council meeting that has the Resolution on the agenda. Dear Mr./Ms. : This is to notify you that the City Council will be considering a resolution on July 15, 2003 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5084. Sincerely, Marian K. Kart City Clerk Eno. Copy to: Accounting Division-w/enc. 410 EAST WASHINGTON STREET * IOWA CITY, IOWA $2240-1826 * (319) }56-5000 * FAX (319) 356-5009 EXH fB~'T A 3ROPERTY ADDRESS I LEGAL I PARCEL APPRAISED :PROPERTY SERVICE DATE OF iCOSTOF ,INVOICE INVOICF~ DESCRIPTION INUMBER VALUE OWNER REN~D~ SERVICE SERVI 2923-25 Comell Ave IOakWoedsAdd ~ 1012462009i $139,790.001Morgan, Charles Weed I 6/12/2002'. $75.001 1317 $75.00 IPart 1 lot 25D [ IRemoval '~/"' 629 N Governor Orig~_n_al Town of 1010110001; $103,050.00~Not~na~le, John ISidewalk 9/11/2~ $572.40_ ,J2164 Iowa City E60' of iNothnagle, John III . Repair ~" ' I- '~~ ~9 N. G_ove --~Odginal Town of 1010110001j $103,050.0.0~.. Nothnagle, John 'Weed _ ~ ~lowa Ci~ _E60' o~ '"JGail O./contra~-h~'lders Remova " I 1/2 Lot 1 BIk 10 ~Deed Holder: Nothnagl, i John III 729 Jefferson St 1010411001 $93,100.00!Roo~eY, Ryan L 12J31/2002i $1,321.60 2219; $1,321.6C N65' Lot 1 516 Westwinds , Gardens 1017235002 $96,380.00 Franke~ Weed 6118/2002 $43.75 $43.75 Part 1 Lot 2 Removal 716 George St Strebs 1st Add $101,100.00 ~Sidewalk 12131120021 $84.80 2218 $84.80 Lot 8 Inc Repair 1406 Pine St Randolph Sidewalk 9111/2002 $519.40 2171 $519.40 Lot 59 BIk 4 ~ Repair fOutlots i 1010480002 Toch, Mar~laret Sidewalk 12/31/2002 $56.64 'W55' of E113' of N ~ / ' Repair 100' of Outlot 3 / Manville add Lot 7 $137,710.00 __ Weed 6/25/2002 $ 1321i & 8 BIk 12 Removal ' Burlington IlowaCityOutlots I 1010463001 $264,150.00 Weed , E80' of N100' ~- ' t Removal 10/8/2002 Outlot 27 1311 2ndAvenue Eastlowa city 1014478001 $149,500.001Lynch, Lawrence -- B'lkReSubdivisi°n11 Lot2 of i: I 11/29/2002 $125.00 5463i $125.0(3 / Recorded in Bk 22 'Pg 9 JCREC I -- ' i Court HJllAdd 101314201 $124,980.0(3 Deeth, John & Laura 4/7/2003 $ 6325 Part 13 Lot 552 N. Johnson Original Town of /] 1010161001 $86 A Plus Rental & Snow 2/11/2003 $38.50i 21103 $38.50 Iowa City N37 1/2' 'Maintenance LC Removal I~tl ~ N 37 !/2' , I lof E 75' of Lot 2 ~37 I ! Prepared by: Maclan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 03-236 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2004 FOR THE CITY MANAGER, CITY AI-rORNEY, AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2003: Salary: City Manager - $136,926.40 City Attorney - $57,295.68 (60% FTE) City Clerk - $73,860.80 Other: City Manager- Cash value of 80 hours of accrued vacation ($5,112.80), to be paid directly to pension plan. City Clerk- Cash value of 80 hours of accrued vacation ($2,758.40), to be paid directly to pension plan. MAYOR CITY'CLERK City Attorney's Office PRINTED 15-JUL-03 PAGE: 1 KAiN-NERWAGE.REP CITY OF IOWA CITY COUNCIL MEMBER KANNER REQUEST CHANGES BETWEEN CURRENT WAGES, STEPS ~ COST OF LIVING BARGU #EMP FTE CURRENT W/STEPS STEP - CUR WITH COL COL CHANGE BAR UNIT 1 187.38 7,216,660. 7,216,660. .00 7,433,160. 216,499.79 AFSCME 38,513.51 38,513.51 .00 39,668.91 1,155.41 .000 .030 BAR UNIT 2 34.00 1,537,061. 1,537,061. .00 1,595,481. 58,419.30 FIRE 45,207.70 45,207.70 .00 46,925.91 1,718.21 .000 .038 BAR UNIT 3 36.00 1,698,278. 1,698,278. .00 1,749,226. 50,948.28 POLICE 47,174.40 47,174.40 .00 48,589.63 1,415.23 .000 .030 BAR UNIT 4 14.50 539,255.60 539,255.60 .00 555,433.26 16,177.66 AFSCME - LIBRARY 37,190.04 37,190.04 .00 38,305.74 1,115.70 .000 .030 BAR UNIT 4L 5.75 270,748.40 270,748.40 .00 278,870.86 8,122.46 AFSCME - LIBRARY 47,086.68 47,086.68 .00 48,499.28 1,412.60 .000 .030 BAR UNIT 6 10.00 437,070.40 437,070.40 .00 450,182.52 13,112.12 CONFIDENTIAL 43,707.04 43,707.04 .00 45,018.25 1,311.21 .000 .030 BAR UNIT 7 24.75 1,897,147. 1,897,147. .00 1,954,061. 56,914.40 ADMINISTRATIVE 76,652.41 76,652.41 .00 78,951.98 2,299.57 .000 .030 BAR UNIT 7F 2.00 167,460.80 167,460.80 .00 172,959.62 5,498.82 ADMIN - FIRE 83,730.40 83,730.40 .00 86,479.81 2,749.41 .000 .033 BAR UNIT 7L 3.00 251,576.00 251,576.00 .00 259,123.28 7,547.28 ADMIN - LIBRARY 83,858.67 83 858.67 .00 86,374.43 2,515.76 .000 .030 BAR UNIT 7P 6.00 484,806.40 484 806.40 .00 499,350.59 14,544.19 ADMIN - POLICE 80,801.07 80 801.07 .00 83,225.10 2,424.03 .000 .030 PRINTED 15-JUL-03 PAGE: 2 KANNERWAGE.REP CITY OF IOWA CITY COUNCIL MEMBER KANNER REQUEST CHANGES BETWEEN CURRENT WAGES, STEPS AND COST OF LIVING BARGU #EMP FTE CURRENT W/STEPS STEP - CUR WITH COL COL CHANGE TOTAL 323.38 14,500,065 14,500,065 .00 14,947,850 447,784.30 44,839.09 44,839.09 .00 46,223.79 1,384.70 .000 .031 K~2~NERWAGE. REP CITY OF IOWA CITY COUNCIL MEMBER KAA/NER REQUEST CH3~NGES BETWEEN CURRENT WAGES, STEPS AND COST OF LIVING BARGU #EMP FTE CURRENT W/STEPS STEP - CUR WITH COL COL CHANGE BAR UNIT 1 136.28 4,788,593. 4,954,680. 166,087.71 5,103,321. 148,640.46 AFSCME 35,137.90 36,356.62 1,218.72 37,447.32 1,090.70 .035 .030 BAR UNIT iA 1.00 31,758.27 32,385.60 627.33 33,357.17 971.57 AFSCME - AIRPORT 31,758.27 32,385.60 627.33 33,357.17 971.57 .020 .030 BAR UNIT 2 18.00 694,387.66 721,798.04 27,410.38 750,197.52 28,399.48 FIRE 38,577.09 40,099.89 1,522.80 41,677.64 1,577.75 .039 .039 BAR UNIT 3 22.00 877,097.94 925,833.79 48,735.85 953,608.78 27,774.99 POLICE 39,868.09 42,083.35 2,215.27 43,345.85 1,262.50 .056 .030 BAR UNIT 4 10.50 343,448.35 369,955.02 26,506.67 381,053.68 11,098.66 AFSCME - LIBRARY 32,709.37 35,233.81 2,524.44 36,290.83 1,057.02 .077 .030 BAR UNIT 4L 1.00 43,564.77 45,210.68 1,645.91 46,567.00 1,356.32 AFSCME - LIBRARY 43,564.77 45,210.68 1,645.91 46,567.00 1,356.32 .038 .030 BAR UNIT 6 12.14 464,425.98 477,460.13 13,034.15 491,783.94 14,323.81 CONFIDENTIAL 38,255.85 39,329.50 1,073.65 40,509.39 1,179.89 .028 .030 BAR UNIT 7 41.00 2,269,869. 2,342,347. 72,478.09 2,408,824. 66,476.93 A]DMINISTRATIVE 55,362.66 57,130.42 1,767.76 58,751.81 1,621.39 .032 .028 BAR UNIT 7F 3.00 197,813.29 204,720.39 6,907.10 212,287.00 7,566.61 ADMIN - FIRE 65,937.76 68,240.13 2,302.37 70,762.33 2,522.20 .035 .037 BAR UNIT 7L 5.00 324,248.92 332,951.91 8,702.99 .342,655.96 9,704.05 ADMIN - LIBR3LRY 64,849.78 66,590.38 1,740.60 68,531.19 1,940.81 .027 .029 PRINTED 15-JUL-03 PAGE: 2 K3~ERWAGE.REP CITY OF IOWA CITY COUNCIL MEMBER KANNER REQUEST CHANGES BETWEEN CURRENT WAGES, STEPS AND COST OF LIVING BARGU #EMP FTE CURRENT W/STEPS STEP - CUR WITH COL COL CHANGE BAR UNIT 7P 10.00 636,737.39 656,049.52 19,312.13 675,731.02 19,681.50 ADMIN - POLICE 63,673.74 65,604.95 1,931.21 67,573.10 1,968.15 .030 .030 TOTAL 259.92 10,671,944 11,063,392 391,448.31 11,399,387 335,994.38 41,058.57 42,564.61 1,506.03 43,857.29 1,292.68 .037 .030 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 July 7, 2003 Mayor Ernest W. Lehman 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At a the July 3, 2003 meeting, the PCRB voted in open session to request a 30 day extension in addition to its regular 45-day reporting deadline for the Public Report according to the City Code for PCRB Complaint #03-02 for the following reasons: · Due totimelines and scheduling. · PCRB Complaint #03-02 - Public Report presently due August 14, 2003 30-day Extension request- Public Report for #03-02 due on September 15, 2003 The Board appreciates your prompt consideration of this matter. Sincerely, John Stratton, Chair Police Citizens Review Board Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-237 RESOLUTION AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN LAWSUITS BROUGHT AGAINST CITY EMPLOYEES IN CONNECTION WITH THEIR INVESTIGATIONS OF CRIMINAL ACTIVITY AND SUBSEQUENT ARRESTS OF INDIVIDUALS. WHEREAS, David Munz filed a federal lawsuit against Iowa City Police Chief R.J. Winkelhake and Police Officer Darin Zacharias alleging violations of his Fourth Amendment rights and use of excessive force in connection with a criminal investigation and subsequent arrest of Munz; and WHEREAS, Angela Hill filed a lawsuit in the Johnson County District Court, against the City and Police Officer David Droll, which the City subsequently removed to federal court, alleging civil rights violations in connection with an arrest of the plaintiff on the charge of Operating While Intoxicated; and WHEREAS, Nathaniel Burgs filed a federal lawsuit against the City, Police Chief R.J. Winkelhake, and Police Officer D.J. Steva, and seeks to add Police Officer Jenny Clarahan as an additional defendant in connection with a criminal investigation of the plaintiff and his subsequent arrest; and WHEREAS, pursuant to Section 670.8 of the Iowa Code, the City has a duty to defend and indemnity said employees in this action, although such duty does not apply to awards of punitive damages; and WHEREAS, the City's review of the above-referenced lawsuits and incidents has disclosed no action or inaction that would amount to noncompliance with police departmental policy, nor anything that would amount to willful and wanton disregard for the rights of the plaintiffs; and WHEREAS, the City's review of the above-referenced lawsuits and incidents has disclosed no divergent interests which would require hiring separate attorneys for the City employee defendants; and WHEREAS, the City may have insurance that covers any punitive damages assessed against the employees in these actions; and WHEREAS, because the employees face these claims for punitive damages merely due to their employment and not, in the City's estimation, due to any willful and wanton disregard for the rights of the plaintiffs, and because, in the City's estimation, there exist no divergence of interests requiring hiring separate attorneys for each employee defendant, it is in the public interest to indemnify them for punitive damages. Resolution No. 03-237 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City shall indemnify the employees sued in the cases of Munz v. Kautzky, et al; Hill v. D.A. Droll and Iowa City; and Bur.qs v. City, R.J. Winkelhake, D.J. Steva and Jenny Clarahan against punitive damages to the extent such damages are not covered by insurance. 2. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any agreements or documentation necessary in connection with such indemnification. Passed and approved this 15thday of July, 2003. MAYOR ATTEST:~K~. ~ A~L' ~ City Attorney's 'Office Resolution No. 03-237 Page 3 It was moved by Champion and seconded by O' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~( Vanderhoef X Wilbum Prepared by: Sarah E. Holecek, 1`~ Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-238 RESOLUTION OF INTENT TO CONVEY THE PROPERTY KNOWN AS PENINSULA NEIGHBORHOOD, SECOND ADDITION, IN IOWA CITY, IOWA, TO TERRY L. STAMPER HOLDINGS, L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR AUGUST '19, 2003 WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Terry L. Stamper Holdings, L.LC. ("Stamper") approved by Resolution No. 00- 231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Stamper has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council will consider for approval the final plat of the Peninsula Neighborhood, Second Addition, at its meeting scheduled for August 19, 2003; and WHEREAS, pursuant to said Agreement, Stamper has agreed to purchase the Peninsula Neighborhood, Second Addition, for a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units; and WHEREAS, said Peninsula Neighborhood, Second Addition, is located-in Iowa City, Johnson County, Iowa, and is described as follows: A PART OF AUDITOR'S PARCEL NO. 2001020, AS RECORDED IN BOOK 43 PAGE 43 AT THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the NW corner of Lot 1 of the Official Plat of Peninsula Neighborhood First Addition said point also being on the Northerly line of said Auditor's Parcel 2001020; Thence N65°31'42'~/V along said Northerly line, 149.97 feet; Thence S27°55'45"W 207.48 feet; Thence S40°27'14"W 53.00 feet; Thence S49°32'46"W 11.05 feet; Thence S40°27'14"W 180.52 feet; Thence S27°46'06"W 49.16 feet; Thence N62° 12'38"W 10.27 feet; Thence S27°47'22"W 53.00 feet; Thence S62°12'38"E 110.32 feet; Thence S27°46'06'~/V 85.20 feet; Thence S12°47'39"E 81.75 feet; Thence N84°30' 41" E 106.48 feet; Thence S62°13'54"E 90.96 feet; Thence s64°46'22"W 433.45 feet; Thence S25°13'38"E 53.00 feet; Thence S25°11'37"E 102.73 feet; Thence S27°04'01" E 25.01 feet; Thence S29°13'54"E 8.94 feet; Thence N60°46'06"E 53.00 feet; Thence N29°13'54"W 5.23 feet; Thence N64°46'06"E 92.24 feet; Thence S72°13'54" E 11.70 feet; Thence S29°13'54"E 16.27 feet; Thence N60°48'08"E 25.00 feet; Thence N29°13'54"W 14.52 feet; Thence N17°46'06"E 10.91 feet: Thence N64°46'06"E 92.26 feet; ,Thence S29°14'40"E 8.95 feet; Thence N60°45'20"E 53.00 feet; Thence N29°14'40"W 5.23 feet; Thence N64°46'06"E 46.35 feet; Thence S62°13'54"E 98.68 feet; Thence S29°13'54"E 21.48 feet; Thence N60°46'06"E 25.00 feet; Thence N60°45'42"E 151.52 feet; Thence N29°14'18"W 71.51 feet; Thence N27°46'06"E 61.46 feet; Thence S62°13'54"E 250.95 feet; Thence Northeasterly 83.23 feet along a 54.25 foot radius curve concave Northwesterly having a central angle of 87°54' 17" and a chord bearing N73°48'58"E 75.31 feet; Thence N29°43'06"E Resolution No. 03-238 Page 2 98.82 feet to the Official Plat of Peninsula Neighborhood First Addition; Thence N60°00'57"VV along the said Official Plat, 386.25 feet; Thence S29°51'49"W along the said Official Plat, 8.47 feet; Thence N62°13'54"W along the said Official Plat, 313.28 feet; Thence N27°46'14"E along the said Official Plat, 178.01 feet; Thence N62°13'54"W along the said Official Plat, 15.70 feet Thence N 27° 46' 06" E along the said Official Plat, 217.50 feet to the Point of Beginning. Said parcel contains 8.304 acres. AND Commencing at the SW Corner of Outlot E of the Official Plat of the Peninsula Neighborhood First Addition Thence N30°01'39"E along said Official Plat, 17.55 feet to the Point of Beginning; Thence continuing along said Official Plat, N30°01'39"E 244.80 feet; Thence N85°42'23"W along said Official Plat, 163.85 feet; Thence S29°51'49"W along said Official Plat, 174.00 feet; Thence S60°08'11"E, 120.00 feet; Thence S59°58'21"E 27.11 feet to the Point of Beginning, Containing 0.70 acres. WHEREAS, the disposition of the subject property according to the Development Agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the Peninsula Neighborhood, Second Addition, described above to Terry L. Stamper Holdings, EEC., in accordance with said Agreement at a price equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan approved units. 2. A public headng on said proposal should be and is hereby set for August 19, 2003, at 7:00 p.m. in Emma Harvat Hall of the City Hall, 410 East Vvashington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 15th day of July ,2003. _/_~~ CITY'CLERK sarah~peninsula second\~res of intent to convey Resolution No. 03-238 Page 3 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman X O'Donnell X Pfab X . Vanderhoef X Wilbum