HomeMy WebLinkAbout2003-08-19 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 03-243
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
Mill Restaurant - 120 E. Burlington Street
One-Eyed Jake's - 18-20 S. Clinton Street
Summit Restaurant & Bar - 10 S. Clinton Street
Passed and approved this 19th day of 20 03
Approved by
CITY~ff_ERK ' ' Cit~, Attorney's Office
It was moved by Champ1 on and seconded by 0'Donnel ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-244
RESOLUTION OF INTENT TO CONVEY THE PROPERTY KNOWN AS 1926
BROADWAY STREET, IOWA CITY, IOWA AND 1946 BROADWAY STREET,
IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM
(HACAP) AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR
SEPTEMBER 9, 2003,
WHEREAS, on September 12, 1995, the City Council passed Resolution No. 95-335 authorizing
conveyance of 1926 Broadway Street, Iowa City, Iowa and 1946 Broadway Street, Iowa City, Iowa
(property), legally described as:
Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the
recorded plat thereof recorded in plat book 7, page 20, plat records of
Johnson County Iowa
to HACAP for the purpose of establishing 18 transitional housing units; and
WHEREAS, HACAP purchased the property by installment contract (contract) on November 21,
1995, for the principal sum of $750,000, the appraised value of the property, to be paid over a ten-
year (10-year) period at the rate of seven percent (7%) annual interest with a balloon payment
due February 1, 2006; and
WHEREAS, HACAP has requested amending the due date of the balloon payment, the
amortization period, and the interest rate such that said contract will be paid over a five (5) year
period with the balloon payment due on October 1, 2008 at a rate of five and one-half percent
(5.5%) annual interest; and
WHEREAS, HACAP is current on its payments under the contract; and
WHEREAS, it is in the public interest to assist HACAP maintain its supportive services to
homeless families in Iowa City by lowering its monthly loan payment to the City.
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 property
described above to HACAP by amending the contract to provide that it will be paid over a
five (5) year period at a rate of five and one-half percent (5.5%) annual interest with a
balloon payment due on October 1, 2008; and
2. A public hearing on said proposal should be and is hereby set for September 9, 2003, at
7:00 p.m. in Emma Harvat Hall of the 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.
Resolution No. 03-244
Page 2
Passed and approved this 19th day of ^u,qust ,2003.
MAYOR
CITY bLERK
Approved by
City Attorney's Office
sue\OrdRes\ResHACAP Int to Con
Resolution No, 03-244
Page 3
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
City of Iowa City
MEMORANDUM
Date: August 19, 2003 ~;~
To: Steve Atkins, City Mana~r ,'~% ~_J_~
From: Doug Boothroy, Director of Ho~u'~lrr~h
Re: 1926 and 1946 Broadway Real Estat~ ;ontract
The effect of reducing the interest rate from 7 to 5.5% lowers the interest income received
by the Housing Authority by approximately $9,959, which is based on the term of the
existing real estate contract payable in full in 29 months. The proposed real estate
contract also extends the contract term by an additional three years, which will provide
additional interest income of approximately $55,036. The 5.5% interest is higher than the
current return on investment the City receives on other investment accounts.
hisadm/mem/db-atkins dec
Prepared by: Steven J. Rackis, I CHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065
RESOLUTION NO. 03-245
RESOLUTION SE'I-rING A PUBLIC HEARING FOR SEPTEMBER 9, 2003, TO
AMEND THE SECTION 8 ADMINISTRATIVE PLAN FOR IOWA CITY HOUSING
AUTHORITY SECTION 8 PROGRAM.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires adoption of an updated Annual
Plan; and
WHEREAS, the purpose of the Section 8 Administrative Plan is to establish policies for issues
not covered under Federal regulations for the Section 8 Voucher, and Family Self-Sufficiency
programs administered by the Iowa City Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. A public hearing for the Iowa City Housing Authority's amended Section 8 Administrative
Plan is set for 7:00 PM, September 9, 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 proposed amendments to the Section 8 Administrative Plan.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Depadment of Housing and Urban Development
Passed and approved this ]gth dayof August ,20 03
Approved by
cI'r~LERK ' - City Attorney's Office
Hisass~es~sectSplan.doc
Resolution No. 03-245
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
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065
RESOLUTION NO. 03-246
RESOLUTION SETFING A PUBLIC HEARING FOR SEPTEMBER 9, 2003 ON
THE UPDATE OF THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING
ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP).
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires adoption of an updated Annual
Plan; and
WHEREAS, the Admissions and Continued Occupancy Policy (ACOP) defines the Iowa City
Housing Authodty's policies for the operation of the Public Housing Program, incorporating
Federal, State and local law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. A public hearing for the Iowa City Housing Authority's amended Admissions and
Continued Occupancy Policy (ACOP) is set for 7:00 PM, September 9, 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 proposed amendments to
ACOP.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Department of Housing and Urban Development
Passed and approved this 19th day of Auqust 20 03
Approved by
CITY'CLERK City Attorney's Office
HisasstVes~acoppubhrg.doc
Resolution No. 03-246
Page 2
It was moved by Champion and seconded by 0' Donne11 the Resolution be
adopted, and upon mil call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Steve Rackis, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 319-356-5407
RESOLUTION NO. 03-247
RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM
MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING
AUTHORITY FOR FY03.
WHEREAS, the Public Housing Assessment System (PHAS) implements 42 U.S.C. §1437d(j)
and evaluates the performance of public housing agencies (PHAs) in major areas of management
operations; and
WHEREAS, the Department of Housing and Urban Development requires formal approval of a
written certification showing compliance with federal regulations; and
WHEREAS, said written certification is on file in the office of the Housing Administrator; and
WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public
Housing Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHAS Certification
be approved.
Passed and approved this 19th day of Auaust ,20 03
Approved by
ClTY'C'cERK City Attorney's Office
It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-248
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO SATISFACTIONS OF JUDGMENT.
WHEREAS, the City of Iowa City becomes a judgment creditor when it prevails in a legal action
seeking a money judgment, such as a municipal infraction or an action to collect a debt;
WHEREAS, when a judgment debtor pays a judgment owing to the City of Iowa City in full,
Iowa Code section 624.37 (2003) requires that the City file a satisfaction of judgment with the
Clerk of Court that is acknowledged by the Mayor and City Clerk; and
WHEREAS, because a satisfaction of judgment in merely written confirmation that a judgment
has already been paid and is required by State Code, it is in the City's best interest to authorize
the City Clerk to attest and the Mayor to sign said satisfactions, upon advice of the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Upon the advice of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest
to satisfactions of judgment.
Passed and approved this 19th day of Auaust, ,2003.
Approved by
ClTY~ERK City Attorney's Office
Resolution No. 03-248
Page 2
It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X . O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-249
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND WASHINGTON MUTUAL, JACKSONVILLE, FLORIDA FOR PROPERTY
LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of
$3,000, executed by the owner of the property on April 25, 1997, and recorded on May 2, 1997,
in Book 2261, Page 128 through Page 131 in the Johnson County Recorder's Office covering
the following described real estate:
Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa.
WHEREAS, Washington Mutual is refinancing a mortgage in the amount of $77,000 to the
owner of 19 Regal Lane and to secure the loan by a mortgage covering the real estate
described above; and
WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of
Washington Mutual secured by the proposed mortgage in order to induce Washington Mutual
to make such a loan; and
WHEREAS, Washington Mutual has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgage with
Washington Mutual; 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 Washington Mutual, Jacksonville,
Florida.
Passed and approved this 191:h da~~ ~,, ~,~2003
MAYOI
Approved by
ATTEST:~'J~'~'~) 7~. ~"~.~ ~~i;;:~
Cli'Y {?,L--ERK City Attorney's Off~ce
ppdrehab/red19mgal In.doc
Resolution No. 03-249
Page Z
It was moved by Champion and seconded by 0' Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilbum
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Washin.qton Mutual of Jacksonville, Florida herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $3,000, and where executed by Lori A. Schueller (herein the Owner), dated April 25,
1997, recorded May 2, 1997, in Book 2261, Page t28 through Page 131, Johnson County
Recorder's Office, covering the following described real property:
Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $77,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mo~t.qa,qe
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,qaqe 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,claRe of the City.
SENT BY: CITY OF ZA CITY POD; 5-16- 3 11:36AM; 3193565027 => 9047328636; #5/6
4 Binding Effect. This agreement shall be binding upon and inure [0 the benefit 01' the
respective heirs, legal representatives, successors, and assigns of the parties hereto,
Dated this /c~ day of ~,u.G,~'f" ,200_'~ .
CITY OF IOWA CITY FINANCIAL INSTITUTION
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I~' day of .A~._G.u-~-'-I-' _, 20. ~.., before me, the Undersigned, a Nolary
Public in and for the sta~ of 'l-o~a, pemonally appeared 'Ecvw..~ ~,}. L,~tm-~o~, ..... and
Marian K. Kart, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayo~' af~d Cily Clerk, respectively, or the City of Iowa City, Iowa; that the seal affixed to [he
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
(Resolution) No. O'~, ~//~' passed (the Resolution adopted}by the City Council, under Roll Call
No. - ...... ~._ of the City Council on the /~ day of_..-Y~,c~G~z~l"~ ,20 4)_'~, and
[hat' _F.r__~[Jr ~J. L,~,~oJn .. and Marian K. Karr acknowledged the execution of the
instrument to be their volunt~r~ act a'~a deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State ol' Iowa
SONDRAE FORT
~'~, ¥.lCommissi0n Number 159791
I'~. '[ My Commission Expires
I"r~x-I ,~ 7-0/.
SENT BY: CITY OF [A CITY PCD; 5-16- 3 11:38AU; 3193565027 ~> 9047328636; #8/8
STATE OF
) SS:
JOH~SC,;,4 COUNTY )
On [his /~ ..... , day of ~4~ ,.~,, A.D, 20 O~efore r~e, the
~e~igned,. a_No[a~ Public in and for the S~te of ~~ally appeared
,~¢,/c C. d.¢.(4 ..... and ~ .,.~_me personally known, who
being by me duly sworn, did say that they are ~e V~ and
-- ~ ....... . respectively, of said corpom~on executing the within and foregoing
instrument to which this is affachod, that said instrument was s~ned and ~al~ on behalf ~ said
corporation by authority of its Board of Directors; and ~at the said
and ~ _... ~ as such officem acknowledg~ the executi~ of sa~ instrument
to be the voluntaw act and deed of said ~oratlon, by it and by them volun~dly executed.
No~w Public
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-250
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 1648 BURNS AVENUE, IOWA CITY, IOWA.
WHEREAS, on April 3, 2000, the owners of 1648 Burns Avenue executed a Mortgage in the
amount of $3,000; and
WHEREAS, the loan was paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 1648
Burns Avenue, Iowa City, Iowa from a Mortgage recorded April 5, 2000, Book 2928, Page 321
through Page 324 of the Johnson County Recorder's Office.
Passed and approved this 19th day of Auqust ,20 03
Approved by
CITY'U-'tt:ERK City Attorney's Office
It was moved by (;h~mR.~on and seconded by Q~,~).c~.~nel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilburn
ppdrehab/res/1648bums-reLdoc
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 1648 Burns Avenue, Iowa City, Iowa,
and legally described as follows:
Lot 196 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 13, Page 18, Plat records of Johnson County, Iowa
from an obligation of the owners, Chad Warren and Diana Warren, to the City of Iowa City in
the total amount of $3,000 represented by a Mortgage recorded April 5, 2000, Book 2928, Page
321 through Page 324 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 ~
.~.9.~u merit.
Approved by
ClTY'~LERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~' day of .J~cur~--'T- , A.D. 20 0.~, , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly swom, 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 Coundil, as
contained in Resolution No. o:~-,~5'~, adopted by the City Council on the /~ day
4%~.~'~20 0.~ and that the said Ernest W. Lehman and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdmhab/1648burns-rel.doc Notary Public in and for Johnson County, Iowa
SONDRAE FORT
I Commission Number 159791
I My Commission Expires )
I .~- 7-o/.. I
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 03-251
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST FOR PROPERTY
LOCATED AT 2235 RUSSELL DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of iowa City is the owner and holder of Mortgages in the total amount of
$8,218.77, executed by the owners of the property on April 30, 2002, and recorded on August 2,
2002, in Book 3349, Page 673 through Page 673, and on July 2, 2002, recorded July 19, 2002,
in Book 3339, Page 454 through Page 458, and on August 28, 2002, recorded on August 29,
2002, in Book 3368, Page 54 through Page 58 in the Johnson County Recorder's Office
covering the following described real estate:
Lot 226 in Part Five Hollywood Manor Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa. Also, that
part of Lot 225 in said Part Five Hollywood Manor Addition to Iowa City, Iowa, more
particularly described as follows: Beginning at the southeasterly corner of said Lot 225;
thence northeasterly along the easterly line of said Lot 225 Five feet to a point; thence
Northwesterly 136.09 feet to the southwesterly corner of said Lot 225; thence
southeasterly 136.00 feet along the southerly line of Lot 225 to the point of beginning.
Subject to easements and restrictions of record.
WHEREAS, Iowa State Bank and Trust is refinancing a mortgage in the amount of $106,000 to
the owners of 2235 Russell Drive and to secure the loan by a mortgage covering the real estate
described above; and
WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of
Iowa State Bank and Trust secured by the proposed mortgage in order to induce Iowa State
Bank and Trust to make such a loan; and
WHEREAS, Iowa State Bank and Trust has requested that the City execute the attached
subordination agreement thereby making the City's liens subordinate to the lien of said
mortgage with Iowa State Bank and Trust; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as
second, third and fourth 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 City and Iowa State Bank and Trust, Iowa
City, Iowa.
Resolution No. 03-251
Page 2
Passed and approved this 19th dayof August ,20 0.3 .
Approved by
ClTY"GLERK City Attorney's OMce
It was moved by Champ-i o.. and seconded by t3'l)ol!ne_] ! ,, 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 Vanderho~ef
× Wilbum
ppdrehab/res/2235russell.dcc
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa
State Bank and Trust of Iowa City, Iowa herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortqaqes which at this time is in the
amount of $8,218.77, and where executed by Alvaro Humberto Cardenas and Lorena Castillo-
Morales (heroin the Owners), dated April 30, 2002, rocorded August 2, 2002, in Book 3349,
Page 673 through Page 676, and dated July 2, 2002, rocorded July 19, 2002, in Book 3339 ,
Page 454 through Page 458, and dated Auqust 28, 2002, rocorded Au.qust 29, 2002, in Book
3368, Page 54 through Page 58, in Johnson County Recorder's Office, covering the following
described real property:
Lot 226 in Part Five Hollywood Manor Addition to Iowa City, Iowa, according to the
plat thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa.
Also, that part of Lot 225 in said Part Five Hollywood Manor Addition to Iowa City,
Iowa, more particularly described as follows: Beginning at the southeasterly corner
of said Lot 225; thence northeasterly along the easterly line of said Lot 225 Five feet
to a point; thence Northwesterly 136.09 feet to the southwesterly corner of said Lot
225; thence southeasterly 136.00 feet along the southerly line of Lot 225 to the point
of beginning. Subject to easements and restrictions of record.
WHEREAS, the Financial Institution proposes to loan the sum of $106,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the roal
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortqaqes 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 Mortgages 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 rocoipt 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 heroby
acknowledged as a lien superior to the Mortqa.qes of the City.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 28 day of July ., A.D. 20 03 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Duane L S~'artzendruber and .leffr~? .]_ ~,.~.,.. , to me personally known, who
being by me duly sworn, did say that they are the Se.~,.T v~.. o.-oo~_de._t and
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 Daane
L. Swai:tzhndruber & :Jeffrey l~iel~en 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.
Notarv'Public in and for the State of Iowa
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 28 day of July ,2003
CITY OF IOWA CITY FINANCIAL INSTITUTION
City C"t~rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /¢~ day of ~.u.~u.S/- ,20 O.~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared E.c~J,- tO. L,,J~,,,,~. and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in
(Resolution) No. 03-- 8.51 passed (the Resolution adopted) by the City Council, under Roll Call
No. ~ of the Cit~ Council on the /~ dayof ~l.u.~,Ct~"i-- ,20 ~,~ ,and
that ~.¢~,,~.<.-{- gt~. I..~_}n.~.q~ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State of Iowa
.~a~t ~ ~ SONDRAE FORT ~
~,-~¥Comm ssion Number 159791|
F ~;i My Commission F. xpim$ ~
I
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-252
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION
AGREEMENT, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR
THE PROPERTY LOCATED AT 2539 NEVADA AVENUE, IOWA CITY, IOWA.
WHEREAS, on November 10, 1994, the property owner of 2539 Nevada Avenue executed a
Rehabilitation Agreement, a Promissory Note and a Mortgage for $2,753; and
WHEREAS, on March 21, 1995, the property owner executed an amended Promissory Note
and amended Mortgage for $2,298; and
WHEREAS, the loan has been 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 2539
Nevada Avenue, Iowa City, Iowa from a Rehabilitation Agreement recorded December 12,
1994, Book 1845, Page 294 through Page 297, and a Promissory Note, Book 1845, Page 298
through Page 300, and a Mortgage, Book 1845, Page 301 through Page 305; and from an
amended Promissory Note recorded March 21, 1995, Book 1880, Page 45 through Page 47,
and an amended Mortgage, Book 1880, Page 48 through Page 52, of the Johnson County
Recorder's Office.
Passed and approved this 191:h dayof ~t~gust ,2003
Approved by
CITY ~L-ERK City Attorney's Office
ppd re ha b#es/2539nevada.doc
Resolution No. 03-252
Page ;!
It was moved by Champion and seconded by 0'Donne] 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 2539 Nevada Avenue, Iowa City,
Iowa, and legally described as follows:
Lot 125, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in
Book 9, Page 99, Plat Records of Johnson County, Iowa.
from an obligation of the owner, Wendy Kae Bell, to the City of Iowa City in the total amount of
$2,298 represented by a Rehabilitation Agreement recorded December 12, 1994, Book 1845,
Page 294 through Page 297, and a Promissory Note, Book 1845, Page 298 through Page 300,
and a Mortgage, Book 1845, Page 301 through Page 305; and from an amended Promissory
Note recorded March 21, 1995, Book 1880, Page 45 through Page 47, and an amended
Mortgage, Book 1880, Page 48 through Page 52, 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.
Approved by
ATTEST:-)
CITY'~--ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~u_c~u~-r~ , A.D. 20 OK , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~ adopted by the City
Council on the /~ day .,~,uc~c~-r ,20 0.% and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab\2359nevadarel.doc ["-.'.'.'.'.'.'.'.'~ SONDRAE FORT I
I~ ~ 'ri Commission Number 159791
[' ! '1 My Commission Expires ~
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-253
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 1528 ABER AVENUE, IOWA CITY, IOWA.
WHEREAS, on August 19, 1999, the owners of 1528 Aber Avenue executed a Mortgage in the
amount of $3,000; and
WHEREAS, the loan was paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 1528
Aber Avenue, Iowa City, Iowa from a Mortgage recorded August 23, 1999, Book 2812, Page
286 through Page 289 of the Johnson County Recorder's Office.
Passed and approved this !gth _ day of Auaust ,20 03 ·
- -
Approved by
C~'Pf"~.ERK City Attorney's Office
It was moved by Champ'ion and seconded by fl'r)nnn~,ll the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
× O'Donnell
X Pfab
× Vanderhoef
X Wilbum
ppdrehab/res/1528aber, doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1539 Aber Avenue, Iowa City, Iowa,
and legally described as follows:
Unit 1528 of 1526-1528, Aber Avenue Condominiums, according to the plat thereof
recorded August 13, 1999 in Book 2807, Page 1, Records of the Recorder of Johnson
County, Iowa.
from an obligation of the owners, Matthew S. Winsor and Racheal H. Winsor, to the City of
Iowa City in the total amount of $3,000 represented by a Mortgage recorded August 23, 1999,
Book 2812, Page 286 through Page 289 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.
Approved by
CITY"CI:.ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~ day of ~u.6u~T- , A.D. 20 ~ , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No.¢,~-o~ , adopted by the City
Council on the /9 day Ac~c~u~l- , 20 o.:~ and that the said Ernest W.
Lehman and Marian K. Kart 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.
Notary Public in and for Johnson County, Iowa
.pdcehab\1528.berrel.doc IO~U~ ~J SONO~E FORT
I,~ ~lCommission Number 159791
I.'J'~' My Commission FJ(pires
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-254
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO Al-rEST TO THE RELEASE OF LIEN REGARDING A CONDITIONAL
GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 422 IOWA
AVENUE, IOWA CITY, IOWA.
WHEREAS, on July 31, 1993, the owners of 422 Iowa Avenue executed a Conditional Grant
Agreement for the amount of $40,000; and
WHEREAS, the terms of the Agreement have been satisfied; 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 422 Iowa
Avenue, Iowa City, Iowa from a Conditional Grant Agreement recorded August 13, 1993, Book
1599, Page 203 through Page 204 of the Johnson County Recorder's Office.
Passed and approved this 19th day of August ,20 03
Approved by
cITY"C--EE-RK City Attorney's Office
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilbum
ppdrehab\restA22iowave.doc
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the proper~y at 422 Iowa Avenue, iowa City, Iowa,
and legally described as follows:
The West Sixty (60) feet of Lot Seven (7), Block Fody-five (45), Iowa City, Iowa,
according to the recorded plat thereof
from an obligation of the owners, United Action for Youth, Inc. (hereinafter "UAY'), to the City of
iowa City in the total amount of $40,000 represented by a Conditional Grant Agreement
recorded August 13, 1993, Book 1599, Page 203 through Page 204 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/dO~ment.
Approved by
CITY"CL-ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this lq day of -Au ~,-- , A.D. 20 b'5 . before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. 0.,~--~5~, adopted by the City Council on the /~ day
-{~.c.u~1-20 O~ and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppd rehab~422iowave rel.doc
$~--~I~.AE FORT J
.~ ~J~ ~.J Commission Number 159791J
· ~ ' My Commission Exp res
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 03-255
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 826 RIDER STREET, IOWA CITY, IOWA.
WHEREAS, on March 8, 1996, the owners of 826 Rider Street executed two Mortgages,
one for $12,665 and another for $2,235 for a total of $14,900; and
WHEREAS, the loans were paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the property
located at 826 Rider Street, Iowa City, Iowa from two Mortgages recorded March 14,
1996, Book 2049, Page 149 through Page 153, and in Book 2049, Page 154 through
Page 158 of the Johnson County Recorder's Office.
Passed and approved this~dayof _ Au(~ust ,2003 .
/ - ·
MAYOR
Approved by
ATTEST: ~']/i~-~...) ~ '=~b~J
CITY ~-ERK City Attorney's Office
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
~( Kanner
× Lehman
× O'Donnell
X Pfab
× Vanderhoef
X Wilbum
ppdrehab\res\826rider.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 826 Rider Street, Iowa City, Iowa, and
legally described as follows:
Lot Throe (3), in Block Eight (8), in Chautauqua Heights, Johnson County, Iowa,
according to the recorded plat thereof
from an obligation of the owners, Jose A. and Alison C. Abreu, to the City of Iowa City in the
total amount of $14,900 reprosented by two Mortgages recorded March 14, 1996, Book 2049,
Page 149 through Page 153, and in Book 2049, Page 154 through Page 158 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 doc,,c, ij~ment.
Approved by
ATTEST: ~~
ClT'f~C~LERK City Attorney's Office
· STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this J~ day of A~.~_~.AT' , A.D. 20 O ~J , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. g3-o~L~.~, adopted by the City
Council on the Ic~ day ~,~Gu,.~,-~ ,20 03 and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab\82erider rel.doc
so.o o.T 1
Commission Number 1597911
My Commission Expires I
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5128
RESOLUTION NO, 03-256
RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SYCAMORE
REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
South Sycamore Regional Greenspace Landscape and Trail Project, as included in a contract
between the City of Iowa City and L.L. Pelling Company of North Liberty, IA, dated June 11, 2002,
be accepted; and
WHEREAS, the Engineer's Report and the per[ormance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract pdce is $498,367.07.
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 ].gth day of Auqust ,20 03
Approved by
CITY"'CLERK Cit~/~tto-rney's Office
It was moved by Champt on 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
pweng~res~southsycamacptwork.doc
8/03
City of Iowa City
MEMORANDUM
Date: August 10, 2003
TO: Steve Atkins
From: Kim Johnson
Re: Agenda Items
'[he following are costs associated with the Capital Improvement Projects being
presented for acceptance at the August 19th Council meeting:
1) South Sycamore Regional Greenspace Landscape and Trail Project
Contractor: L.L. Pelting Co.
4° Project Estimated Cost: $ 752,000.00
o:o Project Bid Received: $ 495,278.01
o:o Project Actual Cost: $ 498,367.07
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 03-257
RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER,
WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE -
PART SEVENTEEN "A", 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, and water main improvements for Windsor Ridge - Part
Seventeen "A", as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Windsor Ridge - Part Seventeen "A", 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 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 19th dayof August ,20 03.
A~ed by ~.
It was moved by Champi0n and seconded by 0'Donne11 the Resolution be
adopted, and upon tell call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X . Pfab
X Vanderhoef
X Wilbum
pv~ng/res/w~ ndsordg 17A.dcc
ENGINEER'S REPORT
August8,2003
Honorable Mayor and City Council
Iowa City, Iowa
Re: Windsor Ridge - Part Seventeen "A"
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, water
main and paving improvements for Windsor Ridge - Part Seventeen "A" 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 constructed by Maxwell Construction, Inc. of Iowa
City, 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
410 EAST WASHINGTON STREET J IOWA CITY, IOWA 52240-1826 * {319) 556-5000 · FAX (319) 356-5009
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 03-258
RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR WINDSOR RIDGE - PART TWELVE, 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 Windsor Ridge - Part Twelve, as constructed by Carter &
Kirkpatrick Services, Inc. of North Liberty, Iowa.
WHEREAS, the maintenance bond has 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 19th day of August ,20 03.
ATTEST:~z.~ ~. ~,~ Ap~ ~~
CITY"OLERK City Attorney's OK
It was moved by Champ'ion and seconded by O'Donne'l] 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 Wilburn
pweng/res~w[ndsordg 12.doc
ENGINEER'S REPORT
August8,2003
Honorable Mayor and City Council
Iowa City, Iowa
Re: Windsor Ridge - Part Twelve
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer improvements for
Windsor Ridge - Part Twelve have been completed in substantial accordance
with the plans and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's Office for the
sanitary sewer improvements constructed by Carter & Kirkpatrick Services, Inc.
of North Liberty, 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: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5149
RESOLUTION NO. 03-259
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE
BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER
RALSTON CREEK.
WHEREAS, notice of public headng on the City's intent to proceed with a public improvement
project and to acquire property dghts for the above-named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct the Burlington Street Bddge Reconstruction
Project over Ralston Creek ("Project") which includes reconstructing and widening the existing
bridge; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property dghts is necessary for the proposed project; and
WHEREAS, the City Engineer has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is the City's intent to proceed with the Burlington Street Bridge Reconstruction Project
over Ralston Creek.
2. The City Council finds that it is in the public interest to acquire property dghts necessary
for the construction of the Burlington Street Bridge Reconstruction Project over Ralston
Creek ("Project"), which Project constitutes a public improvement under Iowa law. The City
Council further finds that acquisition of said property dghts is necessary to carry out the
functions of the Project, and that such Project constitutes a valid public purpose under
state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
Resolution No, 03-259
Page 2
4. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the Project.
The City Manager or designee is authorized to sign purchase agreements for the
purchase of property and/or easements, and offers to purchase property and/or
easements.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed to
take all necessary action to complete said transactions, as required by law.
6. In the event the necessary property rights for the Project cannot be acquired by
negotiation, the City Attomey is hereby authorized and directed to initiate condemnation
proceedings for acquisition of any and all properly rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this 19th dayof Auaust ,20 03 ·
Approved by
ATTEST: ~_~.~ '/~ ~v~ ~ ~'/,/t2 ~
CiTY ~LERK -- City Attomey~s Office
It was moved by Champ'ion and seconded by. 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pweng~res',budbddgeralston.doc
City of Iowa City
MEMORANDUM
TO: Steve Atkins, City Manager
FROM: Ross Spitz, Civil Engineer
DATE: August 19, 2003
RE: Burlington Street Bridge
IDOT Preconstruction Agreement
Next spring the Iowa Department of Transportation plans to reconstruct the Burlington
Street Bridge over Ralston Creek. The reconstruction will include widening the bridge to 5
lanes and widening the sidewalks to 8 feet. The Preconstruction Agreement defines the
roles of the various entities and their financial contributions. The City of Iowa City will
contribute $150,000 and the IDOT and a Traffic Safety Fund Grant will fund the remaining
half million dollars.
Since this bridge lies on US Highway 1, the IDOT is the lead agency for this project.
However, the city is coordinating the design phase. The IDOT will be acquiring the
easements for this project in the City's name. There are 4 temporary and 1 permanent
easements required. The IDOT will bid this project and provide the construction
administration and inspection. This means that no further Council action will be required on
this project.
When the bridge was reconstructed back in the late 60's, the foundation was built wider than
the actual bridge deck. Due to concerns with the possible underlying coil tar contamination,
our designers have designed a way to reuse the existing foundation to support the entire
widened bridge. This will substantially reduce the likelihood that coal tar will be
encountered during construction. We have a coal tar removal plan in place with
MidAmerican if it is encountered during construction.
The project is expected to be bid in January of next year. Construction will likely begin in
late spring and is intended to be finished before football season. During most of the
construction process the bridge will be completely closed to traffic. The one-way couplet of
Jefferson Street and Market Street will be used to detour traffic on US Highway 1 around
the construction project. A vehicle traveling south on Hwy 1 will take a right on Market
Street, then a left on Gilbert Street and a right back onto Hwy 1/Burlington Street. The
detour route will be the same for a vehicle travelling north on Hwy 1, you just need to
substitute Jefferson Street for Market Street.
Cc: Ron Knoche
Rick Fosse
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 03-260
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I-I'EST AN IOWA DEPARTMENT OF TRANSPORTATION
PRECONSTRUCTION AGREEMENT FOR THE BURLINGTON STREET
BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK (BRF-1-
5(54)--(38-52).
WHEREAS, the City of Iowa City, Iowa, has negotiated with the Iowa Department of
Transportation an agreement for project (BRF-1-5(54)-(38-52) for the replacement of the
Burlington Street Bridge over Ralston Creek, 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.
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 the agreement between the
City of Iowa City and the Iowa Department of Transportation.
3. The City Clerk shall fumish copies of said agreement to any citizen requesting same.
Passed and approved this 19th day of Augu_~t ,20 03
A~EST: ~~ ~'). '"~4~ A~ ,~'~//e
CITY"GLERK City ,~tt(~n;a~s Office
Resolution No. 03-260
Page 2
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
STAFF ACTION NO: S-2004-0214
PRECONSTRUCTION AGREEMENT
County. Johnson
City Iowa City
Project No. BRF-1-5(54)--38-52
Iowa DOT
Agreement No. 2003-16-129
This Agreement, is entered into by and between the Iowa Department of Transportation,
hereinafter designated the "DOT", and the City of Iowa City Iowa, hereafter designated the
"CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections
28E.12 and 306A;
WITNESSETH; that
WHEREAS, the DOT proposes to establish or improve an extension of Primary Road No.
Iowa 1 within Johnson County, Iowa; and
WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the
manner hereinafter provided; and
WHEREAS, this Agreement reflects the current concept of this project which is subject to
modification by the DOT; and
NOW, THEREFORE, IT IS AGREED as follows:
1. The CITY will design and the DOT will let and inspect construction of the following
described project in accordance with the project plans and DOT standard specifications:
Iowa 1 will be reconstructed within the CITY from Gilbert Street extending
easterly to Johnson Street, including rehabilitation of the Ralston Creek bridge
(see Exhibit A attached). The existing bridge approaches will be widened to
provide for a center left-tm lane throughou~ the length of the project (with taper
to 4 lanes at the east end of the project). The Ralston Creek bridge will also be
rehabilitated to accommodate the five lane design including g-foot wide sidewalks
on both sides of the bridge structure.
1
Special Provisions
2. The CITY will contribute $150,000 toward this project. The $150,000 will be used for the
actual cost of engineering; and 8-foot wide sidewalk to the south side of the bridge. The
DOT will be responsible for the sidewalk located on the north side of the bridge. CITY
reimbursement will be made upon completion of construction and receipt of a properly
documented billing from the DOT. The actual amount of CITY reimbursement will be
the difference between $150,000 and the actual cost of the consultant design contract.
The CITY shall directly pay the consultant for design of this project.
3. This project also includes $201,000 in Transportation Safety funding (for the fifth lane
used for left-tums). Please refer to Exhibits B, C and D attached for provisions specific
to this funding.
4. The CITY's consultant will prepare the plans for the right of way plats for the needed
right of way, both permanent and temporary easements, will be acquired by the DOT
Office of Right of Way. The permanent and temporary easements will be acquired in the
name of the CITY. The DOT Office of Right of Way will appraise, negotiate and acquire
the right of way parcels. '-
5. The CITY will be responsible for obtaining all permits for this bridge improvement
including but not limited tq; U.S. Army Corps of Engineers 404 Permit and the Iowa
DNR Storm Water Permit, General Permit No. 2.
6. Iowa 1 through-traffic will be detoured off of the project. Northbound Iowa 1 will be
detoured on Burlington Street, Gilbert Street, Jefferson Street and Governor Street.
Southbound Iowa 1 will be detoured on Dodge Street, Market Street, Gilbert Street, and
Burlington Street.
7. The CITY will pass the required ordinances to permit the DOT to erect and maintain
signs, consistent with Part VI of the "Manual on Uniform Traffic Control Devices", as
necessary to direct traffic to and along said detour routes during the construction period.
The DOT will also remove said signs when the detour is discontinued. Details will be
shown on the traffic control sheet(s) within the project plans.
8. For situations where the CITY has completed a Flood Insurance Study (FIS) for an area
which is affected by the proposed Primary Highway project area; If after the date of this
Agreement the FIS is modified, amended or revised in an area affected by the project, the
CITY shall promptly provide notice of the modification, amendment or revision to the
DOT.
2
For situations where the CITY does not have a detailed Flood Insurance Study (FIS) for
an area which is affected by the proposed Primary Highway project area; If after the date
of this Agreement the CITY does adopt an FIS in an area affected by the project, the
CITY shall promptly provide notice of the FIS to the DOT.
General Provisions
9. The DOT will bear all costs except those allocated to the CITY under other terms of this
Agreement.
10. The CITY, in cooperation with the DOT, will take whatever steps may be required to
legally establish the grade lines of the new highway facilities constructed under the
project in accordance with Iowa Code Sections 313.21 and 364.15.
11. Upon completion of the project, no changes in the physical features thereof will be
undertaken or permitted without the prior written approval of the DOT.
12. Also as part of the project, it may be necessary to temporarily close various local CITY
streets and/or alleys during portions of said project. If temporary closures are necessary,
the DOT will furnish and install the required road closure barricades and signing at
project cost and shall remove same upon completion of the project also at no expense or
obligation to the CITY. Th, e DOT will work in close cooperation with the CITY and the
contractor to accommodate fire protection and local access across the project during
construction.
13. Since a portion of this project this project is financed with federal funds, the CITY will
take whatever action may be necessary to comply with applicable federal laws and
regulations which includes but is not limited to Title 23 CFR (Code of Federal
Regulations).
14. Future maintenance of the primary highway Within the project area will be carried out in
accordance with the terms and conditions contained in 761 Iowa Administrative Code
Chapter 150.
15. New lighting and/or traffic signal construction which may be accomplished (within this
project area) as part of or incident to this project shall be provided under guidelines
established in 761 Iowa Ad~ninistrative Code Chapter 150. The DOT shall construct
traffic signal installations all at no cost to the CITY. Lighting installations will not be
constructed as part of the project unless specifically requested by the CITY. Lighting
which is requested by the CITY will also be paid for entirely by the CITY at no cost to
the DOT or project. If constructed, the CITY shall accept ownership of and responsibility
3
for future energy and maintenance costs of those lighting and/or traffic signal units which
lie within the CITY'S corporate boundaries.
16. Any costs incurred by the CITY in performing its obligations hereunder will be borne
exclusively by the CITY without reimbursement by the DOT.
17. Parking - On primary highways at signalized intersections, parking will be prohibited a
distance of 10 feet in advance of the near sidewalk or traffic-control signal and a distance
of 5 feet beyond the far sidewalk. At non-signalized intersections, parking will be
prohibited 55 feet in advance of the near sidewalk and 22 feet beyond the far sidewalk.
On minor side streets controlled with stop signs, with two through lanes and two parking
lanes (parallel or diagonal), parking will be prohibited a distance of 35 feet in advance of
the near sidewalk or stop sign and a distance of 35 feet beyond the far sidewalk. On
minor side streets controlled with stop signs, with four through lanes and two parallel
parking lanes, parking will be prohibited a distance of 35 feet in advance of the near
sidewalk or stop sign and a distance of 5 feet beyond the far sidewalk. On minor side
streets controlled with stop signs, with four through lanes and diagonal parking lanes,
parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop
sign and a distance of 18 feet beyond the far sidewalk.
On minor side streets with traffic control signals, with two through lanes and two parallel
parking lanes, parking will.be prohibited a distance of 10 feet in advance of the near
sidewalk or traffic signal and a distance of 35 feet beyond the far sidewalk. On minor
side streets with four through lanes and parallel parking lanes, parking will be prohibited
a distance of 10 feet in advance of the near sidewalk or traffic signal and a distance of 5
feet beyond the far sidewalk. On minor side streets with four through lanes and diagonal
parking lanes, parking will be prohibited a distance of 10 feet in advance of the near
sidewalk or traffic signal and a distance of 18 feet beyond the far sidewalk.
If not already covered by an existing ordinance, the parking restrictions listed above will
be outlined in a new ordinance which will be enacted by the CITY. The new ordinance
would go into effect at such time as the project is completed and opened to through
traffic. Parking shall also be prohibited along both sides of proposed Iowa I within the
project area.
18. Subject to the provisions hereof, the CITY in accordance with 761 Iowa Administrative
Code Sections 150.3(1)c and 150.4(2) will remove or cause to be removed (within the
CITY project limits) all encroachments or obstructions in the existing primary highway
right of way. The CITY will also prevent the erection and/or placement of any structure
or obstruction on said right of way or any additional right of way which is acquired for
this project including but not limited to private signs, buildings, pumps, and parking
4
areas.
19. Subject to the approval of and without expense to the DOT, the CITY agrees to perform
or cause to be performed all relocations, alterations, adjustments or removals of existing
utility facilities within the CITY, including but are not limited to power, telephone and
telegraph lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb
boxes, utility accesses, storm water intakes, sanitary sewers, and related poles,
installations and appurtenances, whether privately or publicly owned, and all parking
meters, traffic signals and other facilities or obstructions which are located within the ~
limits of an established street or alley and which will interfere with construction of the
project and the clear.zone, as provided in Chapter 761 Iowa Administrative Code Section
150.4(5) and in accordance with the Utility Accommodation Policy of the DOT
referenced therein.
20. With the exception of service connections no new or future ntility occupancy of project
right of way, nor any future relocations of or alterations to existing utilities within said
right of way (except service connections), will be permitted or undertaken by the CITY
without the prior written approval of the DOT. All work will be performed in accordance
with the Utility Accommodation Policy and other applicable requirements of the DOT.
21. All storm sewers constructed by the DOT as a part of the project will become the property
of the CITY, which will be responsible for their maintenance and operations. The CITY
will not make any connectigns to said storm sewers without the prior written approval of
the DOT. The CITY will prevent use of such storm sewers as a sanitary sewer.
22. The CITY shall be responsible for providing, without cost to the DOT, Any right of way
for the project which involves dedicated streets or alleys, and any other city-owned lands,
except park land, which are required for the project subject to the condition that the DOT
shall reimburse the CITY for the value of improvements situated on such other city-
owned lands. The CITY has apprised itself of the value of these lands, and as a portion of
their participation in the project, voluntarily agrees to make such lands available without
further compensation. The DOT shall be responsible for acquisition of ail other right of
way.
23. In connection with this project any real estate and rights to real estate necessary for right
of way at the connection of any city street or alley and a primary highway relocation or
reconstruction project, any access road or frontage road right of way if any, and any
permanent utility easements which are or which will be under the jurisdiction of the city
may be acquired by the DOT, for and in the name of the CITY. Where acquired by
contract the CITY will receive title from the contract seller and the CITY will accept title
thereto.
5
The CITY must certify no later than 12 weeks prior to the letting that the CITY has
acquired possession of all required right of way. Should eminent domain proceedings be
required, the CITY will condemn or appeal in the name of the CITY or the State of Iowa,
whichever applies. For eminent domain proceedings, the CITY shall provide the DOT
with notification that they have complied with Iowa Code Chapters 6A & 6B as amended
by the 1999 Iowa Acts Chapter 171. The project letting will not be held until the CITY
has certified that the right of way has been acquired.
24. Access rights may be acquired by the DOT along all city street intersections within the
project limits. Access rights, if acquired, will be in the name of the State of Iowa. The
acquisition of access rights will be in accordance with 761 Iowa Administrative Code
Chapter 112.11(8) and the 2002 DOT Access Control regulations.
If the CITY feels that it is in the best interest of the parties involved to modify the access
rights in any way, they may petition the DOT District 6 Engineer to do so.
25. The CITY will comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by Iowa Code Chapter 216. No person will, on tie
grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which State funds are used.
Miscellaneous Provisions
26. It is the intent of both parties that no third party beneficiaries be created by this
Agreement.
27. If any section, provision, or part of this Agreement shall be found to be invalid or
unconstitutional, such finding shall not affect the validity of the Agreement as a whole or
any section, provision, or part thereof not found to be invalid or unconstitutional, except
to the extent that the original intent of the Agreement cannot be fulfilled.
28. This Agreement may be executed in two counterparts, each of which so executed will be
deemed to be an original.
29. This document represents the entire Agreement between the CITY and DOT regarding
this project. Any subsequent change or modification to the terms of this Agreement will
be in the form of a duly executed amendment to this document.
6
IN WITNESS WHEREOF, each of the parties hereto has executed Preconstmction Agreement
No. 2003-16-129 as of the date shown opposite its signature below.
CITY OF IOWA CITY:
BY~d~$,J¢ ~--'~ate ~[O.~ct.ST' /? ,2003 .
Title: Mayor
I, /X/~c~c;txn ff'_ ~.~.~-~- , certify that l am the Clerk ofthe CITY, andthat
{~.~t ~. ~ .whosigned said Agreement for ~d on behalfofthe CITY
w~dulyau~orizedto execute the sme on the /~ dayof ~u~ ,200~.
Signed
~; Cle[kof~I:~CiW, Iowa. ~ A~0~ ~y
C'~ A.~rney's Of tic;
IOWA DEPARTMENT OF TRANSPORTATION:
By: /t~/')F.~,~ C~. ~0~ Date ~'°g~ ,200 5.
Richard Kautz
District Engineer
District 6.
EXHIBIT"A"
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8
EXHIBIT B
(Site-Specific Improvements)
Project activities or costs eligible for Traffic Safety Improvement funds include only the
following:
A. Road modernization, upgrading or reconstruction.
B. Bridge and culvert modernization, replacement or removal.
C. Road intersection and interchange improvement including channelization, traffic control
devices or lighting.
D. Right of way required for a traffic safety project.
E. Drainage and erosion measures which are an integral part of the project.
F. Traffic control devices required by the project.
G. Guardrail.
H. Tree removal.
I. Other construction activities directly related to or required by the safety project.
EXHIBIT C
(Site-Specific Improvements)
Activities or costs ineligible for Traffic Safety Improvement funds include but are not limited
to the following:
A. Any and all costs incurred prior to commission approval of funding.
B. Routine maintenance of a road, street, bridge, culvert or traffic control device.
C. Safety-related activities associated with projects initiated for purposes other than traffic
safety.
D. Contract administration costs.
E. Design and construction engineering and inspection.
F. Utility construction, reconstruction, or adjustment except as an integral part ora project.
G. Sidewalks, bicycle paths or railroad-highway crossings, except as an integral part of the
project.
H. Expenditures for items not related to the roadway.
10
EXHIBIT D
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
~s the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business
(TSB) enterprises shall have the maximum practicable opportunity to 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 fmance 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 Recipient's "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 minority-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 state-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 area.
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.
11
4. The attached "Checklist and Certification" form shall be filled out upon completion of
each project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts.
12
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
COUNTY: PROJECT NUMBER:
RECIPIENT: AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the
Iowa Department of Economic Development7 YES __. NO __
If no, explain
2. Were qualified TSBs notified of project7 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 pementage (%) established
for TSB participation? YES NO
If yes, what was the goal or pementage(%)?
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 Recipient?
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the Recipient
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
13
If no, explain
I certify that the Recipient used positive efforts to utilize TSBs as participants in this project.
Project Engineer/Manager Date
3/26/99
14
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 03-261
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A PORTION OF A SANITARY SEWER EASEMENT
TRAVERSING 728 PARK ROAD, IOWA CITY, IOWA
WHEREAS, in 1926 the City installed the Black Spdngs Trunk Sewer, and the City currently possesses a
thirty-six foot wide (36') sanitary sewer easement through the lot addressed as 728 Park Road, Iowa City,
Iowa; and
WHEREAS, the preperty owner wishes to make improvements to the residence on the property and has
requested that a portion of the easement be released to accommodate those improvements; and
WHEREAS, the Public Works Department has determined that a fifteen foot (15') wide easement will be
sufficient to maintain the City's ability to service the sanitary sewer line in place and is recommending that ten
and one-half feet (10.5') of property be released on each side of the easement; and
WHEREAS, it is in the public interest to release of a portion of the easement to enable the property owner to
make desired improvements to the residence located on this lot while maintaining the City's ability to service
the sanitary sewer line in place.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City Council finds it is in the public interest to release a portion of the existing thirty-six foot (36')
wide sanitary sewer easement located across 728 Park Road, Iowa City, Iowa.
2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in ten
and one-half feet (10.5') of easement on each side cf the existing sewer line traversing 728 Park
Road, retaining a total easement of fifteen feet (15') consisting of seven and one-half feet (7.5') on
each side of the existing sewer line, and the mayor is hereby authorized to sign, and the City Clerk to
attest, a release of said easement sufficient for recordation.
3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in
the Johnson County Recorder's Office together with the attached release, said recording costs to be
paid by the property owner, Jim Elmborg.
Passed and approved this 19th day of~, 2003.
ClTY'Ct:ERK
Resolution No. 03-261
Page 2
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon mil 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, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RELEASE OF SANITARY SEWER EASEMENT
The City of Iowa City, Iowa, does hereby release a portion of the existing thirty-six foot (36') wide
sanitary sewer easement traversing the property known as 728 Park Road, Iowa City, Iowa, as
depicted on the attached Exhibit "A", as follows:
Said existing thirty-six foot (36') wide easement, consisting of eighteen feet (18') on either
side of the existing sanitary sewer line is hereby reduced to a total width of fifteen feet (15'),
consisting of seven and one-half feet (7.5') on each side of the existing sewer line, such that the
City hereby abandons, releases and relinquishes all right, title and interest in ten and one-half feet
(10.5') of the easement on either side of the existing sewer line traversing 728 Park Road, Iowa
City, Iowa.
The City retains the remainder of such easement as depicted on the attached Exhibit "A" as
"proposed 15' easement".
CITY OF IOWA CITY,,~A .. ~ /,,'~
BY
Ernest W. Lehman, Mayor
Marian K. K"arr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~' day of August, 2003 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the foregoing instrument; that the seal affixed
thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of City council of said municipal corporation; and
that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said
instrument to be the voluntary act and deed of said municipal corporation by it and by them
voluntarily executed.
,,~..~ SONDRAE FORT I
ICommlssion Number 1597~1~
I"~"1 .e- q-o ~,, i Notary Public in and for the State of
Iowa
PAR~
I ~ther ~e~ ~t ~ pipe we~ set at
we~ ~ plaoe a't the oonolusion of ~e '~ey~
City of Iowa City
MEMORANDUM
Date: August 19, 2003
To: Steve Atkins, City Manager
From: Ron Knoche, City Engineer ~
Re: Sanitary Sewer Easement Release at 728 Park Road
Earlier this month, Jim Elmborg made a request for a permit to construct a
garage on his property at 728 Park Road. The proposed location of the g~rage
placed it in a 36 feet wide sanitary sewer easement that the City purchased_on
February 5, 1926. There is no record of the reason for the width of this
easement. This sewer is approximately 6 feet deep at this property. Current
practice requires an easement width of twice the depth with a minimum width of
15 feet. This is the width that will be maintained.
Cc: Rick Fosse, Director of Public Works
i 08.1g 3 a
Prepared by: Kevin O'Malle¥, Finance Director, 410 E. Washington Bt., Iowa Gity, IA 52240 (310)358-5053
RESOLUTION NO. 03-262
RESOLUTION NAMING DEPOSITORIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNDIL OF THE GITY OF IOWA CITY, iOWA that the
City of Iowa Gity, in .Johnson County, iowa, approves the following list of financial institutions to be depositories of
the City of Iowa City funds in ¢onformanoe with applicable provisions of Iowa Code Chapter 12C.2. The City
Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exoeed the maximum
approved for each respective finenoial institution as set out be[ow.
Maximum Balance Maximum Balance
Depository in effect under in effect under
Name Location of Home Office Local Location prior resolution this resolution
U.S. Bank NA. 225 South 6th Street 204 East Washington St. 65,000,000.00 65,000,000.00
Minneapolis, MN 55402 Iowa City, IA 52240
Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00
Trust Co. Iowa City, IA 52244-1700
Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00
Hills, IA 52235 Iowa City, iA 52240
Union Planters Bank, 7130 Goodleft Farms Pkwy. 150 E. Court St. 35,000,000.00 35,000,000.00
NA. Cordova, TN 38018 Iowa City, IA 52240~,110
West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 0.00 30,000,000.00
West Des Moines, IA 50266 Iowa City, IA 52240
Commercial Federal P.O. Box 73850 301 S. Clinton St. 50,000,000.00 50,000,000.00
Bank Cedar Rapids, IA 52407-3850 Iowa City, IA 52240
Wells Fargo Bank 66§ Walnut St. 101 3rd Avenue SW 50,000,000.00 50,000,000.00
Iowa, N.A. Des Mo[nes, IA 50309 Cedar Rapids, IA 52406
U of I Credit Union 500 Iowa Avenue Same 25,000,000.00 25,000,000.00
Iowa City, IA 52244-2240
Freedom Security 140 Holiday Rd. Same 15,000,000.00 15,000,000.00
Bank PO Box 5880
Coralville, IA 52241
Farmers & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00
Savings Bank Iowa City, IA 52240
Liberty Bank 6400 Westown Parkway 702 S. Gilbert, Suite 109 15,000,000.00 25,000,000.00
Des Moines, iA 50266 Iowa City, IA 52240
Passed and approved this ~gth day of Aueust ~ ,2003
Approved by
'~- CITY CLERK City Attorney's Office
Resolution No. 03-262
Page 2
It was moved by Champi on and seconded by 0 ' Donnel 1 the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepar~ by:. Bob Miklo, PCD, 410 E. Washington St., Iowa CitT, IA 52240 (319) 356-5252 (SUB03-00008)
RESOLUTION NO. 03-263
RESOLUTION APPROVING FINAL PLAT OF THE 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:
~ 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 comer 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 alon
said Northerly line, 149.97 feet; Thence $27°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 feel
Thence N62°I2'3?W 10.27 feet; Thence S27°47'22"W 53.00 feet; Thence S62°12'38"E 110.32 feel
Thence S27°46'06"W 85.20 feet; Thence S12°47'39"E 81.75 feet; Thence N84°30' 41" E 106.48 fee~
Thence S62°13'54"E 90.96 feet; Thence S64°46~-2"W 433.45 feet; Thence S25°13'38"E 53.00 feel
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 S'~2°13'54" E 11.70 feet; Thence S29°13'54"E 16.27 feet; Thence N50°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°46'06"E 25.00 feet; Thence N60°45'42"E 151.52 feet; Thence N29°14'I8'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 beadng N73°48'58"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°I3'54"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"VV along said Official
Plat, 163.85 feet; Thence S29°51'49"W along said Official Plat, 174.00 feet; Thence S50°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. 03-263
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 prepdetors; 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 appreval 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 appreved this 19th dayof ,2003.
MAYOR
ATTEST: ~'~,,'~.~.,~..~.~) '~. "~--~../f.,,~ City Atto ney's-Q~ ~ _
It was moved by Champion and seconded by Pfab the Resolution be
adopted, and upon rell call there were:
AYES: NAYS: ABSENT:
X Champion
}( Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Bob MiklOl PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240; (SUB02-00011)
RESOLUTION NO. 03-264
RESOLUTION APPROVING THE PRELIMINARY PLAT OF COUNTRY CLUB
ESTATES, SECOND ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, S&J Development L.EP., filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Country Club Estates, Second Addition; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, 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 Country Club Estates, Second 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 19th day of~O~
MAYOR
Approved by
CITY'CLERK Ci[y AttOrney's Office
It was moved by 0'Donne] ] and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
× Wilburn
ppdadmin\res\countrydub.doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: SUB02-00011. Country Club Estates Date: July 17, 2003
Second Addition
GENERAL INFORMATION:
Applicant: S & J Development L.L.P.
2231 East 45th Street
Davenport, IA 52807
Phone: 319-351-3355
Contact Person: Van Winkle - Jacob Engineering
Phone: 563-288-6427
Requested Action: Preliminary plat approval
Purpose: To create a 42-1ot residential subdivision
Location: North of Lake Shore Drive, west of
Flagstaff Drive
Size: 16.65 acres
Existing Land Use and Zoning: Undeveloped, RS-5
Surrounding Land Use and Zoning: North: County Farm, P;
South: Residential, RS-5,
East: Agricultural, undeveloped, RR-1;
West: Agricultural, RR-1 and A1
(County)
Comprehensive Plan: Residential, 2-8 dwelling units per acre
File Date: June 19, 2003
45 Day Limitation Period: August 3, 2003
BACKGROUND INFORMATION:
Country Club Estates, Part 1, a 21~1ot 10.82-acre residential subdivision was approved in 1999.
The applicant is now requesting approval of part 2 to allow the development of 42 more lots. The
applicant owns an additional 80 acres between this property and Rohret Road. At the time that
part 1 was approved, the staff, Commission and Council expressed a concern that a concept plan
be provided for the remainder of the property to assure that the area developed in a
comprehensive fashion. The applicant has submitted such a concept plan. Although the design of
Country Club Estates, Part 2 is acceptable, there will need to be some revisions to the concept
plan when additional parts of Country Club Estates are platted. The concept plan needs to
2
address the relocation of portions of Slothower Road so that it does not become a cut through
route between Rohret Road and Melrose Avenue.
ANALYSIS:
Subdivision design: County Club Estates is included in the Southwest District. The proposed
subdivision appears to comply with the recommendations of the District Plan. The plat includes
the extension of Lake Shore Drive, a collector street. As recommended in the Southwest
District Plan, Lake Shore Drive is shown continuing to the north to provide access to the County
owned property, a portion of which may be developed in the future for residential uses.
Flagstaff Drive is also being extended form Southwest Estates. Tempe Place/Court, a new
street, will connect Flagstaff Drive and Lake Shore Drive and will be stubbed to the west for
future development.
The proposed lots range in size from just over 8,000 square feet (lot 23) to just under an acre
(lot 18). Most of the lots are between 11,000 square feet and 13,000 square feet. All lots meet
the minimum reqUirements of the RS-5 zone. The lot configurations are comparable to the lots
within the Country Club Estates, Part 1 and Southwest Estates which is located to the east.
Traffic: Currently the only vehicular access to Country Club Estates must come from Phoenix
Drive, a collector street, which leads to Rohret Road. Prior to the submittal of this application,
staff completed a secondary access analysis of Phoenix Drive through Country Club Estates
and Southwest Estates. Staff's conclusion was that approximately 40-45 additional lots that
relied on Phoenix Drive for access to Rohret Road would be acceptable. Therefore if this
subdivision is approved, staff would recommend that no additional lots be approved in this area
until an alternative collector street to Phoenix Drive is provided. This may occur when a street
is built to provide access to Melrose Avenue to the north and or Lake Shore Drive connects to
Rohret Road to the south.
Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the dedication
of 17,113 square feet of open space or the payment of fees in lieu of. Staff recommends that the
required open space be pooled with open space from the larger subdivision illustrated in the
concept plan. This will allow for the creation of a larger more centralized neighborhood park. This
plat and concept plan will be sent to the Parks and Recreation Commission for their consideration.
Infrastructure: An existing storm water basin located on the west side of Southwest Estates,
Part Six, will be expanded onto lots 18-20 of Country Club Estates, Part 2. The Public Works
Department is reviewing storm water calculations.
The applicant is in the process of obtaining a sanitary sewer easement across the County owned
land to the north to provide access to the Westside trunk which will provide sanitary sewer service
to Country Club Estates Second Addition and some of the future pads of Country Club Estates.
The far southern portion of the applicant's property (the portion adjacent to Rohret Road) will
require a lift station for sanitary sewer service.
A water main extension fee of $395. per acre is required.
STAFF RECOMMENDATION:
Staff recommends that the preliminary plat of Country Club Estates, Part 2, be deferred pending
resolution of deficiencies noted below. Upon resolution of deficiencies staff recommends approval
of Country Club Estates, Part 2, a 42-1ot, 16.65 acre subdivision located west of Flagstaff Drive.
3
DEFICIENCIES AND DISCREPANCIES:
1. Easement for storm water basin should coincide with grading plan for lots 18-21
2. Preliminary storm water calculations need to be corrected.
ATTACHEMENTS:
1. Location map
2. Preliminary Plat
Approved b ~
Kad,~ Franklin, Director
Del~artment of Planning and Community Development
Bob\countryclub-part21
DUCK
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CITY
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SITE LOCATION: Country Club Estates, Second Addition SUB02-00011
t' '~ / , ~ ~ ~ ~ c~mwAa~.~
~ ....... ~--_ J ....... , '
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PRELIMIN~Y P~T
COUNTRY CLUB ESTATES SECOND ADDITION
02-~
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SITE
COUNTRY CLUB ESTATES
PRELIMINARY SITE DEVELOPMENT CONCEPT PLAN
~ ~ ~ ~ ' ~ X musc,line, iowa 52761 (56~) 288-6427
~1 II I~t
Prepared by: Shelley McCalferly, Associate Planner, 410 E. Washingtoe St., Iowa City, IA 52240; 3193565243 (SUB03-00016)
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART 19,
WHEREAS, the owner, Third Street Partners, Ltd, filed with the City Clerk the final plat of Village
Green, Part 19, 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 Nodheast Corner of the Nodheast Quarter of Section 24, Township 79
North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"VV, along the North
Line of said Northeast Quarter, 361.80 feet, to the Northwest Comer of Lot 7 of Village Green
South - Part 3A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 38, of
the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence
S00°06'07"E, along the Westedy Line of said Lot 7, a distance of 70.43 feet; Thence
S44°18'53"E, along said Westerly Line, 111.36 feet, to the Southwest Corner thereof, and a
Point on the Northwesterly Right-of-Way Line of Jennifer Jean Court; Thence S45°41'07"W,
along said Northwesterly Right-of-Way Line, and the Southeasterly Projection thereof, 162.12
feet, to its intersection with the Southwesterly Right-of-Way Line of North Jamie Lane; Thence
Southeasterly, 24.66 feet, along said Southwesterly Right-of-Way Line on a 402.93 foot radius
curve, concave Southwesterly, whose 24.65 foot chord bears S49°41'24"E, to the Northern
most corner of Lot 10, of said Village Green South - Part 3A; Thence S42°03'47"W, along the
Westedy Line of said Lot 10, a distance of 126.33 feet, to the Westedy most corner thereof;
Thence S47°58'19"E. along the Southerly Line of said Lot 10, and the Southerly Line of Lot 11
of said Village Green South - Part 3A, a distance of 146.90 feet, to the Northwest Corner of
Lot 12 of said Village Green South - Part 3A; Thence S14°42'07"VV, along the Westerly Line of
said Lot 12, a distance of 84.95 feet, to the Southwest Comer thereof; Thence Northwestedy,
14.75 feet, along the Northerly Right-of-Way Of Wintergreen Drive on a 471.51 foot radius
curve, concave Northeasterly, whose 14.75 foot chord bears N74°24'O7'~/V, to its intersection
with the Northerly Projection of the Westedy Line of Lot 13, of said Village Green South - Part
3A; Thence S16°29'39"W, along said Northerly Projection and Westerly Line, 195.88 feet, to
the Southwest Corner of Said Lot 13, and a Point on the Northerly Line of Village Green South
- Part 4B, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 41, of the
Records of the Johnson County Recorder's Office; Thence N63°08'40"VV, along said Northerly
Line, 271.54 feet; Thence N32°32'35"W, along said Northerly Line, 50.75 feet; Thence
N89°12'22"W, along said Northerly Line, 278.94 feet, to the Northwest Corner of said Village
Green South - Part 4B; Thence N10°04'01"E, 158.22 feet; Thence N15°23'06"E, 217.09 feet;
Thence N32°04'14"E, 85.00 feet; Thence N70°19'00"E, 139.50 feet, to a Point on the South
Line of Lot 49 of Village Green - Part XVIII, in accordance with the Plat thereof Recorded in
Plat Book 43, at Page 153 of the Records of the Johnson County Recorder's Office; Thence
N89°51'17"E, along said South Line, 175.57 feet; Thence N67°02'15"E, along said South Line,
214.32 feet, to the Point of Beginning. Said Tract of land contains 7.11 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
(2003) and all other state and local requirements.
Resolution No.
Page 2
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
spedfically 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 day of ,2003.
MAYOR
Approved by
ATTEST:cITY CLERK C~'ty'"~
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
· O'Donnell
Pfab
Vanderhoef
Wilbum
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Shelley McCafferty
Item: SUB03-00029
Village Green Part XIX Date: July 17, 2003
GENERAL INFORMATION:
Applicant: Third Street Partners, LLC
325 Third Street
Iowa City, IA 52240
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a 10-lot residential subdivision
Location: Wintergreen Drive west of North Jamie Lane
Size: 7.11 acres
Existing Land Use and Zoning: OPDH-8 and OPDH-12
Surrounding Land Use and Zoning: North: OPDH~5, Low Density Single Family
Residential
South: OPDH-5, Low Density Single Family
Residential
East:OPDH-5, Low Density Single Family
Residential
West:OPDH-5, undeveloped
Comprehensive Plan: 2-8 dwelling units per acre
File Date: June 26, 2003
45-Day Limitation Period: July 3, 2003
BACKGROUND INFORMATION:
The applicant, Third Street Partners, LLC, is requesting approval of the final plat of Village Green
Part 19, Lots 55 - 64.. This subdivision is 7.11 acres of the Village Green Parts XIX-XX
subdivision. The preliminary plat and OPDH plan for Village Green Parts XIX-XX has been
approved by Council.
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 submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
A water tap-on fee of $395 per acre and a sewer tap-on fee of $1,698.18 per acre are required.
The preliminary plat and OPDH plan of Village Green Parts XIX-XX were approved by the
Planning and Zoning Commission on September 16, 2001. Preliminary plats are valid for two
years. The applicant has requested a two year extension for the preliminary plat of Village
Green Part XX.
STAFF RECOMMENDATION:
Staff recommends that SUB03-00029, a final plat of Village Green Part 19, a 7.11-acre, 10-lot
residential subdivision located at Wintergreen Drive west of North Jamie Lane be approved
subject to staff approval of legal papers and construction drawings prior to City Council
consideration.
Staff recommends approving a two year extension for the preliminary plat of Village Green Part
XX.
ATTACHMENTS.'
1. Location map
2. Final plat
Approved by: .,~-...l~.'''~
Robert Miklo, S~nior"~Planner,
Department of Planning and Community Development
SOUTHEAST
JUNIOR
HIGH p
SCHOOL
Bolfour
P, Jlo. ce
OPDH 5
PROCTOR I 1 WINTERGREEN
& GAMBLE DRIVE
POND
VIEW
COURT
,IRMEADOWS BLVD.
GENERAL MILLS /
\
LEAR '
SITE LOCATION: The end of Wintergreen Dr. SUB03-00029
7,11 AC
Final Plat
FILED VILLAGE GREEN - PART XIX
IOWA CITY, IOWA
,,., ., . ~. ..... :. ... , , , ,
........ : : ~ ~ f ,, I
, , ' ........ ' ,/ / ~ ' I ~ ~
17 19
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319~356~5243 (SUB03q)0016)
RESOLUTION NO. 03-265
RESOLUTION EXTENDING APPROVAL OF THE PRELIMINARY PLAT OF VILLAGE GREEN
PART XX.
WHEREAS, the owner, Third Street Partners, Ltd, has requested a two-year extension of the
approval of the preliminary plat of Village Green Part XX, Iowa City, Iowa, Johnson County, Iowa;
and
WHEREAS, the Planning and Zoning Commission recommended approval of a two-year extension
of this preliminary 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 two-year extension of the preliminary plat of Village Green, Part XX, 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 19th day of__ ., 2003.
Approved by
CI~ERK City Attorney's Office
It was moved by Vanderhoef and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
7, Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilbum
MMS CONSULTANTS INC L.^.
1917 S. GILBERT STREET X IOWACITY X 1OWA 52240-4363 GlenD. Meisner LS&PE
OFFICE: 319-351-8282 X FAX: 319-351-8476 lamesE. Lichly kS
(E-MAIL: MMSCON SULTANTSIC~CS.COM) Duane A. Musser L.A
June 26, 2003
Mr. Bob Miklo
City of Iowa City
410 E Washington St.
Iowa City, Iowa 52240
Re: Village Green Part XX
Dear Bob:
I am writing on behalf of the developer, Third Street Partners, to request an extension of the
Preliminary Plat approval for Village Green, Part XX. This subdivision was preliminary platted
together with Part XIX and has an approval date of 12/11/01. A final plat for Part XIX is being
submitted for approval today.
Please extend the Preliminary Plat approval for Village Green, Part XX for 24 months from the
original approval expiration date.
Respectfully Submitted:
MMS~~5~TC ultants,¢
Paul V. Anderson
F:\DocsMicroso f~03 DOCS\6300\6300-011\6300011 LO 1 .DOC
Prepared by: Shelley McCafferty, Associate Planne~, 410 E. Washington St., Iowa City, IA 52240; 319~56-5243 (SUB02~0031)
RESOLUTION NO. 03-266
RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 17B,
WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part
17B, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Beginning at the Northwest Corner of Lot 261 of Windsor Ridge - Part Sixteen, in accordance
with the Plat thereof Recorded in Plat Book 45 at Page 15, of the Records of the Johnson
County Recorder's Office; Thence N00°29'10"W, 331.83 feet; Thence Northeasterly, 44.41
feet, along a 328.42 foot radius curve, concave Southeasterly, whose 44.38 foot chord bears
N03°23'16"E; Thence Northeasterly, 50.57 feet, along a 400.00 foot radius curve, concave
Northwesterly, whose 50.54 foot chord bears N03°38'23"E; Thence N00°01'04"E, 228.00
feet; Thence N89°58'56"W, 45.00 feet; thence N00°01'04'E, 50.00 feet; Thence
Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northwesterly, whose
28.28 foot chord bears N45°01'04"E; Thence S89°02'46"E, 50.01 feet; Thence Southeasterly,
29.71 feet, along a 20.00 foot radius curve, concave Northeasterly, whose 27.05 foot chord
bears S42°32'24"E; Thence Southeasterly, 184.04 feet, along a 205.00 foot radius curve,
concave Southwesterly, whose 177.92 foot chord bears S59°22'42"E; Thence Southeasterly,
137.37 feet, along a 355.00 foot radius curve, concave Northeasterly, whose 136.52 foot
chord bears S44°44'41"E, to the Northwest Corner of Windsor Ridge - Part Seventeen "A", in
accordance with the plat thereof Recorded in Plat Book 45, at Page 208, of the Records of
the Johnson County Recorder's Office: Thence S34°10'10"W, along the West Line of said
Windsor Ridge - Part Seventeen "A", a distance of 129.87 feet; Thence S15°08'23"W, along
said West Line, 100.03 feet; Thence S00°29'10'E, along said West Line, 357.22 feet, to the
Southwest Comer thereof, and a Point on the North Line of said Lot 261 of Windsor Ridge -
Part Sixteen; Thence N63°18'16"W, along said North Line, 102.23 feet; Thence
S89°30'50"W, along said North Line, 108.24 feet, to the Point of Beginning. Said Tract of land
contains 3.49 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.
Resolution No. 03-266
Page 2
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 19th day of~/~, 2003. _
MAYOR
Approved by
CI~I'Y ~'LERK 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
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Shelley McCafferty
Item: SUB03-00031
Windsor Ridqe Part 17B Date: August 7, 2003
GENERAL INFORMATION:
Applicant: Arlington, LC
2346 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a 1-lot residential subdivision
Location: Intersection of York Place and Broadmoor Lane
Size: 3.49 acres
Existing Land Use and Zoning: OPDH-8, Medium Density Planned Development
Housing
Surrounding Land Use and Zoning: North: OPDH-8, Medium Density Planned
Development Housing
South: OPDH-8, Medium Density Planned
Development Housing
East: OPDH-8, Medium Density Planned
Development Housing
West: OPDH-8, Medium Density Planned
Development Housing
Comprehensive Plan: 2-8 dwelling units per acre
File Date: July 18, 2003
45-Day Limitation Period: September 1,2003
BACKGROUND INFORMATION:
The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Pad 17B,
Lot 266 and a resubdivision of a portion of Lot A of Windsor Ridge Part 15. This subdivision is
3.49 acres of the 31.1-acre Windsor Ridge Pads 16-20 subdivision. The preliminary plat and
OPDH plan for Windsor Ridge Pads 16-20 was approved by Council on September 10, 2002. In
accordance to the OPDH plan, Windsor Ridge Pad 17B will allow the construction of 5 duplex
units for a total of 10 dwelling units.
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 submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
A water tap-on fee of $395 per acre is required. Fees are not required for the improvement of
Lower West Branch Road for this part Windsor Ridge Parts 16-20.
STAFF RECOMMENDATION:
Staff recommends that SUB03-00031, a final plat of Windsor Ridge Parr: 17B, a 3.49-acre, 1-lot
residential subdivision located at the intersection of York Place and Broadmoor Lane be
approved subject to staff approval of legal papers and construction drawings prior to City
Council consideration.
ATTACHMENTS:
1. Locationmap
2. Final plat
Robert Miklo, Senior Planner,
Department of Planning and Community Development
,..~IDRS
OSA 8
J r---2
/
/!~[ j~, RM 12
~o~ ~ PDH 8 ,
' CN 1
} q LANE
SITE LOCATION: Windsor Ridge Parts 17B, 18B, 19A SUB03-00031-33
L
Final Pla~
FILED Windsor Ridge - Par[ Seventeen "'
........ ,~ .... ~"~-~ Iowa Ci[y, Iowa
Prepared by: Shelley McCaffedy, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240; 319,356~243 (SUB02-00032)
RESOLUTION NO. 03-267
RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 18B,
WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part
18B, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Beginning at the Northwest Corner of Lot 261 of Windsor Ridge - Part Sixteen, in accordance
with the Plat thereof Recorded in Plat Book 45 at Page 15, of the Records of the Johnson
County Recorder's Office; Thence S00°29'10"E, along the West Line of said Lot 261, a
distance of 168.76 feet; Thence Southwesterly, 108.53 feet, along said West Line on a
150.15 foot radius curve, concave Northwesterly, whose 106.18 foot chord beam
S20°13'15"W; Thence Southwesterly, 82.63 feet, along said West Line on a 350.00 foot
radius curve, concave Southeasterly, whose 82.44 foot chord beam S34009'50"W; Thence
N62°36'31"W, 45.06 feet; Thence N00°29'10"W, 427.05 feet; Thence S46°15'22"E, 28.96
feet; Thence N89030'50"E, 103.50 feet; Thence S00°29'10"E, 92.03 feet, to the Point of
Beginning. Said Tract of land contains 1.09 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
owner/subdivider.
Resolution No. 03-267
Page 2
Passed and approved this 19th day of Auqust ,2003.
Approved by
CITY'IZ~LERK Cit~/~,tto~-ne~s'O~ce ~
It was moved by £hampinn and seconded by Pfah 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: SUB03-00032
Windsor Ridqe Part 18B Date: August 7, 2003
GENERAL INFORMATION:
Applicant: Arlington, LC
2346 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a 2-lot residential subdivision
Location: West of Broadmoor Lane & north of Camden Road
Size: 1.09 acres
Existing Land Use and Zoning: OPDH-8, undeveloped
Surrounding Land Use and Zoning: North: OPDH-8, Medium Density Planned
Development Housing
South: OPDH-8, Medium Density Planned
Development Housing
East: OPDH-8, Medium Density Planned
Development Housing
West: OPDH-8, Medium Density Planned
Development Housing
Comprehensive Plan: 2-8 dwelling units per acre
File Date: July 18, 2003
45-Day Limitation Period: September 1, 2003
BACKGROUND INFORMATION:
The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 18B,
Lot 267 and a resubdivision of a portion of Lot A of Windsor Ridge Part 15. This subdivision is
1.09 acres of the 31.1-acre Windsor Ridge Parts 16-20 subdivision. The preliminary plat and
OPDH plan for Windsor Ridge Parts 16-20 was approved by Council on September 10, 2002. In
accordance to the OPDH plan, Windsor Ridge Part 18B will allow the construction of 2 duplex
units for a total of 4 dwelling units. Outlot C is designated for use as private open space.
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 submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
A water tap-on fee of $395 per acre is required. Fees are not required for the improvement of
Lower West Branch Road for this part Windsor Ridge Parts 16-20.
STAFF RECOMMENDATION:
Staff recommends that SUB03-00032, a final plat of Windsor Ridge Part 18B, a 1.09-acre, 2-lot
residential subdivision located west of Broadmoor Lane and north of Camden Road 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
RM 12
couR~ s~ PDH 8 ,
L I ~ALEIGH LANE
SITE LOCATION: Windsor Ridge Parts 17B, 18B, 19A SUB03-00031-33
L
FILED Final Plat
Windsor Ridge - Part P, ighteen
JUL 17 P~I I~: 01~ * ~.,~*,,..~o~, o~ · ~ ~ ~, 'r ~ ~ -
....................... ~, .... ~"~ .... Iowa City, Iowa
CIW CLERK
IOWA ~ ~ ~
Prepared by: Shelley McCafferty, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240; 319~356~243 (SUB02-00033)
RESOLUTION NO. 03-268
RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19A.
WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part
19A, 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 Northwest Corner of Lot 261 of Windsor Ridge - Part Sixteen, in
accordance with the Plat thereof Recorded in Plat Book 45 at Page 15, of the Records of the
Johnson County Recorder's Office; Thence N00°29'10"W, 92.03 feet, to the Point of
Beginning; Thence S89°30'50"W, 103.50 feet; Thence N46°15'22"W, 28.96 feet; Thence
N00°29'10"W, 270.44 feet; Thence S89°58'56"E, 127.95 feet; Thence Southwesterly, 5.48
feet, along a 400.00 foot radius curve, concave Northwesterly, whose 5.48 foot chord bears
S06°52'10"W; Thence Southwesterly, 44.41 feet, along a 328.42 foot radius curve, concave
Southeasterly, whose 44.38 foot chord bears S03023'16"W; Thence S00°29'10"E, 239.80
feet, to the Point of Beginning. Said Tract of land contains 0.82 acre, 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 off~ce of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Resolution No. 03-268
Page 2
Passed and approved this 19th dayof August ,2003.
Approved by
ATTEST:ClTYkCLERK'~ "¢~'..~
It was moved by Vanderhoef 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 Wilburn
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Shelley McCafferty
Item: SUB03-00033
Windsor Ridqe Part 19A Date: August 7, 2003
GENERAL INFORMATION:
Applicant: Arlington, LC
2346 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a l-lot residential subdivision
Location: West of Broadmoor Lane & south of York Place
Size: .82 acres
Existing Land Use and Zoning: OPDH-8, Medium Density Planned Development
Housing
Surrounding Land Use and Zoning: North: OPDH-8, Medium Density Planned
Development Housing
South: OPDH-8, Medium Density Planned
Development Housing
East: OPDH-8, Medium Density Planned
Development Housing
West: OPDH-8, Medium Density Planned
Development Housing
Comprehensive Plan: 2-8 dwelling units per acre
File Date: July 18, 2003
45-Day Limitation Period: September 1,2003
BACKGROUND INFORMATION:
The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 19A,
Lot 268 and a resubdivision of a portion of Lot A of Windsor Ridge Part 15. This subdivision is .82
acres of the 31.1-acre Windsor Ridge Parts 16-20 subdivision. The preliminary plat and OPDH
plan for Windsor Ridge Parts 16-20 was approved by Council on September 10, 2002. In
accordance to the OPDH plan, Windsor Ridge Part 19A will allow the construction of 3 duplex
units for a total of 6 dwelling units.
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 submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
A water tap-on fee of $395 per acre is required. Fees are not required for the improvement of
Lower West Branch Road for this part Windsor Ridge Parts 16-20.
STAFF RECOMMENDATION:
Staff recommends that SUB03-00033, a final plat of Windsor Ridge Part 19A, a .82-acre, 1-lot
residential subdivision located west of Broadmoor Lane and south of York Place 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
PHYLLIS ST
RM 12
CHARLES
PDH 8
CN 1
SITE LOCATION: Windsor Ridge Parts 17B, 18B, 19A SUB03-00031-33
Final Plat:
FILED Windsor Ridge - Part Nineteen "A"
...... ~,~.~-,.--~-.~,,~ ..... , .... ,,,,~ .... Iowa City, Iowa
~u~.JUL I I K.I~:UI
~ ~ LEGEND AND NOTES
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 03-269
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM KUM & GO STORES #53
WHEREAS, on July 9, 2003, Carlos K. Sheets, in Johnson County District Court, was
convicted of or pled guilty to selling or providing tobacco to a minor in violation Iowa
Code § 453A.2(1); and
WHEREAS, at the time of the violation underlying the above conviction/plea, Sheets was
an employee of the establishment operating under the retail cigarette permit issued to
Kum & Go Stores #53,955 Mormon Trek Blvd, Iowa City, Iowa 52246; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, on August 14, 2003, Kum & Go Stores #53 waived its right to the hearing
required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's
violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk
of the City of Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee ofKum & Go Stores #53 within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCiL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Kum & Go Stores #53.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: August lO, 2003
City ~l'erk, City of Iowa City
Resolution No. 03-269
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
~( Kanner
X . Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSiNG $300.00 CIVIL PENALTY AGAiNST KUM & GO
STORES#53 ~ /
WHEREAS, on July 9, 200~ Carlos K. Sheets, in Johnson County District Court, was conv)6ted
of or pled guilty to violafmg ~wax Code § 453A.2(1); and ///
WHEREAS, at the time of the v~ation underlying the above conviction/plea, Sheets )~as an
employee of the establishment ope~ting under the retail cigarette permit issued to K~m & Go
Stores #53,955 Mormon Trek Blvd,Xl~a City, Iowa 52246; and //
WHEREAS, pursuant to Iowa CodeX§ 45X3xA.22(2)' an establishment which hold/a retail cigarette
permit shall be subjected to a civil penalty~oxf $300.00 as Iowa
Code § 453A.2(1 ), after a hearing and prope}~otice; and
WHEREAS, a hearing was held on this e City Council to sess
the civil penalty against at said hearing the ' Council heard the
facts of the violation and the arguments of the if any; and
WHEREAS, Stores #53
within a two year period to be considered by the City § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY ? IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursu § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 a Go Stores #53.
BE 1T FURTHER RESOLVED, that said retail (20) days from the
date of this Resolution to pay the civil penalty in ~ is not timely paid
the retail cigarette permit held by the permitee s for a period of
fourteen (14) days, in addition to the $300.00
BE IT FURTHER RESOLVED. Clerk will forward a copy ot~,}his Resolution to the
Johnson County Attorney's Office. provide a copy of the sa~e to the retail
cigarette permit holder via regular mail: permit holder's place of bi~,s, iness as it appears
on the application for a retail cigarette .
PASSED AND APPROVED:
Mayor, City of Iowa City
ATTEST:
City Clerk, City of Iowa City
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of
Iowa City will hold a public hearing on the 19~h day
of August, 2003, at 7:00 p.m. in Emma Harvat
Hall of the City of Iowa City, 410 E. Washington
Street, Iowa City, Iowa, or is said meeting is
cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk; at which
hearing the Council will consider a Resolution
Authorizing Conveyance of the property known as
the Peninsula Neighborhood, Second Addition,
Iowa City, Iowa, to Terry L. Stamper Holdings,
L.L.C.
Said property 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"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 18052 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°46'06"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 87054' 17" and a chord bearing
N73°48'58"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 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.
Copies of the proposed resolution are on file for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons interested in
expressing their views concerning this matter,
either verbally or in writing, will be given the
opportunity to be heard at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
Sarah\peninsula second\peninsula 2 nph.dcc
Prepared by: Sarah E. Holecek, 1 `~ Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-270
RESOLUTION AUTHORIZING CONVEYANCE OF THE PROPERTY KNOWN AS
PENINSULA NEIGHBORHOOD, SECOND ADDITION, IN IOWA CITY, IOWA,
OR A PORTION THEREOF, TO TERRY L STAMPER HOLDINGS, L.L.C.
WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City
~of Iowa City and Terry L. Stamper Holdings, L.L.C. ("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 August 19, 2003 meeting; and
WHEREAS, pursuant to said Agreement, Stamper has agreed to purchase the Peninsula
Neighborhood, Second Addition, or a portion thereof, for a price equal to a per-unit base pdce of
$3,171.00 multiplied by the total number of final site-plan approved units in the subdivision or any
portion to be conveyed; 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 comer 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'~N along said Northerly line, 149.97 feet; Thence S27°55'45'~/V 207.48 feet; Thence
S40°27'14'~/53.00 feet; Thence S49°32'46'~N 11.05 feet; Thence S40°27'14'~'V 180.52 feet;
Thence S27°46'06'~/V 49.16 feet; Thence N62°12'38'~/10.27 feet; Thence S27°47'22'~/V 53.00
feet; Thence S62°12'38"E 110.32 feet; Thence S27°46'06'~/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'~/V 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'~/V 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°46'06"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
Resolution No. 03-270
Page 2
N29°43'06"E 98.82 feet to the Official Plat of Peninsula Neighborhood First Addition; Thence
N60°00'57'~/V along the said Official Plat, 386.25 feet; Thence S29°51'49'~/ along the said
Official Plat, 8.47 feet; Thence N62°13'54'~/V 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°O1'39"E 244.80 feet; Thence N85°42'23'~N
along said Official Plat, 163.85 feet; Thence S29°51'49'~/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, on July 15, 2003 the City Council adopted a Resolution declaring its intent to convey
its interest in the parcel, authorizing the publication of public notice of the proposed conveyance,
and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the
conveyance of the subject property, or a podion thereof, is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed
conveying the City's interest in the Peninsula Neighborhood, Second Addition as
described above, or any portion thereof, to Terry L. Stamper Holdings, EEC., in
accordance with said Development 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 included in said
Second Addition or portion thereof.
2. The City Attorney is authorized to deliver said Warranty Deed[s] as appropriate to Terry L.
Stamper Holdings, EEC. The deed, and any other documentation required by Iowa Code
{}364.7 (2003), shall be recorded by the City Attomey's Office in the Johnson County
Recorder's Office at the purchasers' expense.
Passed and approved this :[9th day of ~ 2003.
MAYOR
ATTEST: '"~,/2",,~-'."~,,~ 7~. ~ J
(~I'I~X,~LERK
Resolution No. 03-270
Page 3
It was moved by 0' Donnel 1 and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~ Lehman
X O'Donnell
){ Pfab
X Vanderhoef
X Wilbum
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the 19th
day of August, 2003, at 7:00 p.m. in the Emma J.
Harvat Hall of the Iowa City City Hall, 410 E.
Washington Street, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City
Clerk; at which hearing the Council will consider
a Resolution Authorizing Conveyance of 1528
Crosby Lane, also described as Lot 91 in Part
Two Hollywood Manor Addition, Iowa City, Iowa,
to a Iow-income family.
Copies of the proposed resolution are on
file for public examination in the office of the City
Clerk, City Hall, Iowa City, Iowa. Persons wishing
to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 03-271
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 1528 CROSBY LANE TO A PUBLIC HOUSING PROGRAM
TENANT,
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 1528 Crosby
Lane, also known as Lot 91 in Part Two Hollywood Manor Addition; and
WHEREAS, a public housing program tenant has offered to purchase the home at 1528 Crosby
Lane for the principal sum of $110,000.00, which is the appraised value of the property; and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, on July 15, 2003, the City Council adopted a Resolution declaring its intent to
convey its interest in 1528 Crosby Lane, authorizing public notice of the proposed conveyance,
and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 1528 Crosby Lane, legally
described as Lot 91 in Part Two Hollywood Manor Addition, Iowa City, Iowa, to a public
housing program tenant. The Mayor and City Clerk are further authorized to execute a
second mortgage agreement and resale agreement with said family in an amount not to
exceed $16,500.00.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this 19th day of A ,2003.
Approved by
CITY"CLERK City Attorney's Office
Resolution No. 03-271
Page 2
It was moved by n' IhnnnP] ] and seconded by Pfah 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
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR TIlE
IOWA HIGHWAY 1 (DODGE STREET) /
NORTHGATE DRIVE TRAFFIC SIGNAL
PROJECT IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the
Iowa Highway 1 (Dodge Street) / Northgate Drive
Traffic Signal Project in said city at 7:00 p.m. on
the 19th day of August, 2003, said meeting to be
held in the Emma J. Harvat Hall in the Civic
Center, 410 E. Washington Street in said city, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
City Clerk in the Civic Center in iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
8
Prepared by:Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 03-272
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
HIGHWAY I (DODGE STREET)/NORTHGATE DRIVE TRAFFIC SIGNAL
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public 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 10:30 a.m. on the 9th day of September,
2003, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 23rd 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 19th dayof Auciu~t 20 03
CI:I-Y ~'t_ERK C~'t~',~(~nct'~'s Office
pweng~res~¢/1 [rafficsigna[.doc
Resolution No. 03-272
Page 2
It was moved by Vanderhoef and seconded by Pfob 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
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATED COST
FOR THE SCOTT PARK SANITARY
TRUNK SEWER PROJECT 1N THE CITY
OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF
IOWA CITY, IOWA, AND TO OTHER
INTERESTED PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will
conduct a public hearing on plans,
specifications, form of contract and estimated
cost for the construction of the Scott Park
Sanitary Trunk Sewer Project in said City at
7:00 p.m. on the 19th day of August, 2003,
said meeting to be held in the Emma J.
Harvat Hall in the City Hall in said City, or if
said meeting is cancelled, at the next meeting
of the City Cotmcil thereal~er as posted by the
City Clerk.
Said plans, specifications, form of conlxact
and estimated cost are now on file in the
office of the City Clerk in the Civic Center in
Iowa City, Iowa, and may be inspected by
any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose
of making objections to and comments
concerning said plans, specifications, contract
or the cost of making said improvement.
This notice is given by order of the City
Council of the City of Iowa City, Iowa and as
provided by law.
MARIAN K. KARR, CITY CLERK
Prepared by:Daniel Scott, Public Works, 410 E. Washington St.1 Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 03-273
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE sco'l-r
PARK TRUNK SANITARY SEWER PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contrect and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 16TM day of September,
2003, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeti,n~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on
the 23 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. 19th day of _, 20 03
CJTY"GLERK '
pweng~res~scottpksewe r.d oc
Resolution No. 03-273
Page 2
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
52.483[
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON County, Iowa:
The City Council of IOWA CiTY in said County/Counties met on August 19, 2003
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after headng all taxpayers w~sh[ng to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the headng, if any.
thereupon, the following resolution was introduced.
RESOLUTION No.. 03-274
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004
(AS AMENDED LAST ON .)
Be it Resolved by the Council of the City of ~ow^ CITY
Section 1. Following notice published August 8r 2003
and the public headng held, August 19, 2003 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that headng:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Taxes Levied on Property 34,072,974 0 34,072,974
Less: Unc~lectted Property Taxes-Levy Year 0 0 C
Net Current Property Taxes 34,072,974 0 34,072,974
Delinquent pcoperty Taxes 0 0
tIF Revenues 161,935 0 161
Other City Taxes 6, 1,350,684 0 1,350,68~
Licenses & Perm[ts 71 966,455 101,770 1,068,22.~
Use of Money and Property 8 1,467,643 0 1,467,64.'
intergovernmental 9 17,003,410 -755,330 16,248,08¢
:ha~es for Sel~ices 10 34,629,267 103,000 34,732,267
~p~cial Assessments 11 0 0 OI
~isceHaneous 12 2,960,600 290,000 3,250,600
:)ther F[nandng Sources 13 49,416,550 104,221 49,520,771
rotal Revenues and Other Sources 14 142,029,518 -156,339 141,873,179
>ublic Safety 15 14,868,624 -112,753 14,755,871
=ublic Works 16 8,434,901 -69,977 8,364,924
-~ea[th and Social Services 17 O C 0
;ulture and Recreation 18 9,179,652 -199,38c~ 8,980,263
=ommuni~ and Economic Development 19 5,234,782 -68,32'~ 5,166,458
-~eneral Government 20 6,568,871 -98,017 6,470,854
~ebt Se~'ice 21 11,125,215 11,125,215
3apita[ Projects 22 5,258,80C 5,258,80U
Total Government Acgvities Expenditures 23 60,670,84~ -548,4601 60,122,385
Business Type / Enterprises 24 36,703,34~ -11,692 36,691,652
total Gov Activities & Business Expenditures 26 97,374,18c. -560,152 96,814,037
Transfers Out 27 35,275,80C 104,221 35,380,021
Total Expenditures/Transfers Out 28 132,649,98.c 455, 931 132,194,058
Excess Revenues & Other Sources Over iiiii ii:: iii ::iii::iii!iii::![i! i!iili il :::iil i iilil iilii i i:: iiii fill :' i
[Under) Expenditures/Transfers Out 2g 9,379,52c. 299,592 9,679,121
Beginning Fund Balance July 1 3(~ 72,644,737 0 72,644,737
Ending Fund Balance June 30 31 82,024,26( 299,592 82,323,85~
Passed this 19th day of Au_~___~__.~J~ ~ J/
'~ Signature Signature
City Clerk/Finance Officer Mayor
Resolution No. 03-274
Page 2
It was moved by 0' Donnel 1 and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
s.,.oz NOTICE OF PUBLIC HEARING
ro,.,~$~ c~ AMENDMENT OF CURRENT CITY BUDGET
The City Council of IOWA CITY in JOHNSON County, Iowa
will meet at City Hall~ 410 E. Washin.qton St, Iowa City
at 7:00 PM on August 19, 2003
,for the purpose of amending the current budget of lhe city for the fiscal year ending June 30, 2004
by changing estimates of revenue and expenditure appropriations in the following programs for the reasons given.
Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity,
Tota~ Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues & Other Financino Sources
Taxes Levied on Property 34,072,974 34,072,974
Net Current Property Taxes 34,072,97'~ 0 34,072,974
Delinquent Property Taxes 0 U
TIF Revenues 161,93.~ 0 161,990
ether City Taxes 1,350,684 0 1,350,684
icenses & Permits 966,45.~ 101,770 .1,068,225
Use of Money and Property 1,467,64~ 0 1,467,643
Intergovernmental 17,003,41( -755,330 16,248,060
Charges for Services 1( 34,629,267 103,000 34,732,267
Miscellaneous 1; 2,960,600 290,000 3,250,60(~
Other Financing Sources 1: 49,416,550 104,221 49,520.771
Total Revenues and Other Sources 1~ 142,029,516 -156,339 141,873,17~
ExDel~ditures & Other Financin(3 Uses
Public Safely 1! 14,868,624 -112,753 14,755,871
Public Works 1~ 8,434,901 -69,977 8,364,924
Culture and Recreation 1 ~ 9,179,652 - 199,389 8,980
Community and Economic Development 19 5,234,782 °68,324 5,166,45~
General Government 20 6,568,871 -98,017 6,470,85'~
Debt Service 21 11,125,215 0 11,125,21
Capital Projects 22 5,258,800 0 5,258,80(
Total Government Activibes Expenditures 23 60,670,845 -548,460 60,122,38.~
3usiness Type / Enterprises 24 36,703,344 -11,692 36,691,65.~
Non Program 25
rotal Gov Activities & Business Expenditures 26 97,374,189 -560,152 96,814,037
Transfers Out 27 35,275,800 104,221 35,380,021
total ExpendituresFrrans fers Out 28 132,649,989 -455,931 132,194,058
-'_xcess Revenues & Other Sources Over
iUnder) Expenditures/Transfers Out 29 9,379,529 299,592 9,679,121
~eginning Fund Balance July 1 30 72,644,737 72,644,737
Ending Fund Balance June 30 31 82,024,266 299,592 82,323,858
Exp anat on of ncreases or decreases n revenue es imates appropriations or available cash:
Amend for fee increases, transfers, and expenditure reductions necessary as a result of 2003 legislature SF 453 and
SF 458 which Governor Vilsack signed into law on May 30, 2003. The legislation eliminated state funding to Iowa
City which totaled $883,734 for the year ended 6/30/03.
There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in
expenditures set out above will be met from the increased non-property tax revenues and cash balances not
budgeted or considered in this current budget. This will provide for a balanced budget.
Marian Karr
Prepared by: Gary Cohn, ITS Coordinator, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5430
RESOLUTION NO.
/
:)N ACCEPTING THE WORK FOR THE VOICE COMMUNICATIONS/
U ~HASE 2 OUTSIDE PLANT PROJECT
/
/
WHEREAS, the ITS sion has recommended that the work for construction office outside
copper and fiber optic plant, as included in a contract between the City of Ip~wa City and
Gabes Construction Corn Inc. of Sheboygan W, dated August 26, 2002, be abcepted; and
WHEREAS, the performance bond has been filed in the City Cle.r~s office; and
718,729.00.
WHEREAS, the final contract
NOW, THEREFORE, BE IT BY THE CITY COUNCI~F THE CITY OF IOWA
CITY, IOWA, THAT said improvements ~ accepted by th/e'City of Iowa City, Iowa.
Passed and approved this __ day of /' ,20. .
MAYO/
,~ \,,,, ~pproved by
'CITY CLERK / C'~'y ~,~o~i eY;~' Offi~ ''
It was moved by / and seconded by ~,~ the Resolution be
adopted, and upon roll call ther~/~re:
AYES: / NAYS: ABSENT:
/
__ ~ Champion
__ ~ Kanner
/ Lehman
./ O'Donnell
~ Pfab
~ Vanderhoef
Wdburn '
Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO. 03-275
RESOLUTION APPROVING DISTRIBUTION OF THE
"PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS.
WHEREAS, the City Council allocated $15,000 for Fiscal Year 2004 for the purpose of funding grants
to neighborhood associations so that they could make improvements in their neighborhood, and
WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood
associations have been responsible for:
-developing the criteria and format for the grant application,
-establishing a method of evaluating the applications,
-reviewing and evaluating the applications,
-submitting this request to the City Council for their review, and
WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities
throughout the year and reporting to the City Council, and
WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate
completion of the projects and authorizing distribution of funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council has reviewed the applications and recommendation of the Neighborhood
Council for the distribution of funds as outlined in Exhibit A and finds the funding of projects
shown to be appropriate, so that the commencement of these projects can begin as soon as
possible.
2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming
completion of the improvements and approving disbursement of funds.
Passed and approved this lql:h day of August ,20 [33
CITY ~'LERK
Neighbor~res\pin2OO4.doc
Resolution No. 03-275
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
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
(Exhibit A)
2004 PROGRAM FOR IMPROVING NEIGHBORHOODS (PIN)
GRANT APPLICATIONS
WETHERBY FRIENDS AND NEIGHBORS
Saturday Night Drive-In
$5O0
Take Back the Night
$3500
NORTHSIDE
Sidewalk Repair
$5000
Dead Couch Day
$1000
NEIGHBORHOOD COUNCIL
Movies in the Park
$5O0O
TOTALS - $15,000
City of Iowa City
MEMORANDUM
Date: August 14, 2003
To: Iowa City City Council
From: Neighborhood Council of Iowa City
Re: FY2004 Program for Improving Neighborhood (PiN)
Grant Recommendations
During March through May 2003, The Neighborhood Council of Iowa City (NCIC) reviewed the
FY2004 Program for Improving Neighborhoods (PIN) grant applications presented by various
neighborhood associations. Prior to a final recommendation being made, we were informed that the
funding for the PIN grant program might be eliminated in an effort to reduce budget expenditure.
The Neighborhood Council then waited until the final budget reduction decisions were made to
develop their recommendation. As suggested before, the Neighborhood Council is very appreciative
for the continued funding of the PIN grant, now in it's ninth year.
The Neighborhood Council developed the program guidelines, the ranking criteria, and process for
evaluating the applications when the program began in 1995. They revisited some of these program
details in the fall of 2002 to address the general criteria as well as develop a policy for use of PiN
funds on private property and for school district playgrounds.
This year, eight applications were received from two neighborhood associations and two from the
Neighborhood Council totaling $21,777. The Neighborhood Council reviewed the applications,
clarified details and negotiated funding levels. The following is a review of the grants and the
recommendation for funding. A resolution authorizing this recommendation will be considered at
your August 19, 2003 City Council meeting. Neighborhood representatives will also briefly present
their applications and answer questions at the meeting.
WETHERBY FRIENDS AND NEIGHBORS
Saturday Night Drive-In
Amount requested - $600 Voluntarily reduced to -$500
Recommended for funding - $500
Wetherby Park Benches
Amount Requested - $2807 Voluntarily withdrawn - $0
Recommended for funding - $0
Take Back the Night
Amount Requested - $5000 Voluntarily reduced to - $3500
Recommended for funding - $3500
August11,2003
Page 2
NORTHSIDE
Sidewalk Repair
Amount Requested - $5000
Amount recommended for funding - $5000
Dead Couch Day
Amount Requested - $1400 Voluntarily reduced - $1000
Amount recommended for funding - $1000
Parkland Beautification
Amount Requested - $300 Voluntarily withdrawn - $0
Amount recommended for funding - $0
NEIGHBORHOOD COUNCIL
Movies in the Park
Amount Requested - $3000 Increased to - $5000
Amount recommended for funding - $5000
Office Equipment - Housing Inspector
Amount Requested - $4870
Amount recommended for funding - $0 (The Housing Inspector position was not funded by the City
Council therefore the office equipment was not necessary)
TOTALS
Amount of total grant requests - $22,977
Amount of grants recommended for funding - $15,000
The applications recommended for funding are attached. Marcia Klingaman has copies of the
withdrawn/not recommended applications if you would like to review them.
PROGRAM FOR IMPROVING NEIGHBORHOODS
Name of Project: Name of Neighborhood Association:
Saturday Night Drive-In
Wetherby Friends and Neighbors
Naz~e/Address/Pbone Nu_mbers of Coz~act T,ocation of Proposed Project:
Persons:
Jerry Hanson Wetherby Park
1239 Burns Ave. 338-2584 2400 Taylor Drive
Don Anciaux
Russell Drive 339-070g
Amount of Funds Requested: Time Period of Proposed Project:
$ 600.00 From: July 2005 / June 2004
A. General List and Description of Activities with estimated time line:(please
indicate if this project will or could be phased over a number of years)
We will show movies in the shelter of the Park on two Saturday nights during this time.
These movies will be approved by the Wetherby Steering Committee. Our Drive-In's last
year were a huge success. We anticipate even larger crowds this year. The neighborhood
expressed their opinion to us in no uncertain terms that they wished to see more of these
events. It is the opinion of the Wetherby Friends and Neighbors Steering Committee that
this event has done more to foster the coming together of neighbors than anything else
that we have tried. Probation Officers from the DC$ and leaders from the Broadway
Neighborhood Center support this opinion.
B. Describe the process used to solicit neigb_borhood input into this funding
request and su~L~Larize results:
We have talked to our neighbors and solicited suggestions on our web site. Although the
newsletter and web site are a great way to get out the word about activities in the
neighborhood, the way we get the most response is by actually talking to people face to face.
C. List the n~unes of potential resources (neighborhood and other) that will be
utilized in this project:
Type Status
Volun- Cash Antici Com-
teer pated mitred
1. Jer~ Hansen X ×
2. Beth Kappas x X
3. Don AncJaux x x
4. Mike Newman X X
D. Why is this project needed and what are its goals?
Our neighborhood is as racially mixed as any in Iowa Cil7. Our goal is to bring people
together in an environment where they feel safe and let nature take its' course. Our hope is
that the more people that come and have a good time, the more people will come. We can
see this project has a much larger potential. Many different things could be held during the
day before the movie.
E. Does this project benefit Iow-income, elderly, youth or other disadvantaged youth? If yes, please explain.
This project can be attended by anyone. We have the Broadway Neighborhood Center,
Systems Unlimited, HACAP, and Pathways in our Neighborhood. Last year we drew people
from oil over town and even some from Coralville thanks to good advertising and several
articles in the newspapers.
F. Could the project occur without PIN funding?
The Committees feeling is that this would not happen if the PIN Program were not
available.
G. Could the project operate with less funding?
No. With the amount of people we are expecting to serve this year we will need ever7
penny we can get.
H. Will the project continue after the PIN funds end?
Yes No X (If yes, what sources of funding will you use?)
EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS
I. EquipmentJSupplies $ (300.00 $
J. Project Materials
K. Professional Services
L. Contracted Improvements
M. Other Costs (List) ~~~
TOTALS $ 600.00 $
neighbor/pinfund app
Soturdoy Night Drive-In
September 2002
PROGRAH FOR .[HPROV.[NG NE.[GI-IBORI'IOOD$
Name of Project: Name of Neighborhood Association:
Wetherby Friends and Neighbors
Toke Bock the Night
Name/Address/Phone Numbers of Contact Per- Location of Proposed Project:
sons: Wetherby Friends and Neighbors
`Terry Hansen
1237 Burns Ave. Association Boundaries: Roughly, Hwy 6 south to
338-2§84 Burns Ave. and from Keokuk east to Sycamore
donsk~mchsi.com
int of Funds Requested: Period of Proposed Project:
$ 5000.00 From: `Tuly 1st 2003 To: ,Tune 30th 2004
A. General List and Description of Activities with estimated time line:(please indicate if this project will or
could be phased over a number of years)
This program will address additional security needs in the Wetherby Pork oreo during the
wormer months. We would like to place additional policemen in the oreo on alternating Friday
and Saturday nights. This grant would allow for approximently 12§ hours of additional security
for the oreo. We would like them to be used during the months of April through October.
This time frame would give us about 6 hours per weekend of additional coverage. We will leave
it up to the police whether one officer or two will put in the time. We would also like the time
to be applied late at night between 9pm and 3am.
B. Describe the process used to solicit neighborhood input into this funding request and summarize results:
The Wetherby Friends and Neighbors Steering Committee has heard many times in the past
how much the residents in the neighborhood appreciate additional police patrols when they hove
been present. Since there are not enough police in our town to go around, this is the only way
that we con hove additional patrols in our area without taking them from somewhere else.
C. List the names of potential resources (neighborhood and other) that will be utilized in this project:
Type Status
Volun- Cash Antici- Com-
teer paredmitted
1. Iowa City Police Deportment X
Page 2
PROGRiIH FOR IHPROIENG IVEZ~HBORHO00$
D. Why is this project needed and what are its goals?
Unfortunately this project is needed due to the gang activity and drug trafficking in the
area. We have witnessed numerous acts of violence, vandalism, and businesses leaving the
area due to the behavior of a very small percentage of the population. Even with our best
efforts we have not yet been able to come up with solutions to these problems. Additional
police patrols would help us toward achieving our goal of having a safe place to live.
E. Does this project benefit Iow-income, elderly, youth or other disadvantaged youth? Tf yes, please
explain.
Wetherby Friends and Neighbors believe that a safe neighborhood is an advantage to
everyone no matter what their situation.
F. Could the project occur without PTN funding?
Without some source of additional funding for the Police Department they do not have
the manpower to put extra officers in any area of town no matter how much it is needed
unless they pull it from another assignment. When that is done, as it has been in the past,
calls from the residents of that neighborhood go unanswered unless they are extremely
critical.
G. Could the project operate with less funding?
We would like to have as much additional coverage as possible. :]:f we can take out one
more drug house, prevent one more break in, or scare one more drug dealer out of the area
then this will all have been worth it. People are uneasy about walking around the
neighborhood at night or letting their children play in the evenings. This is one project that
will help people feel more secure.
H. Will the project continue after the PIN funds end?
Yes No X (If yes, what sources of funding will you use?)
Until people in town stand up and give our police the public backing that they deserve,
there will probably not be any additional funding to expand the force to the point that is
needed to deal with all of the issues in town that people feel are important. Those issues
include traffic, alcohol, party houses, gang activity, and drugs. All of these are in addition
to the numerous routine calls that they receive.
EXPENSE CATEGORY I~[N FUNDS OTHER FUNDS LIST SOURCE OF OTHER
FUNDS
I. Equipment/Supplies $ $
.l. Project Materials
K. Professional Services ~ 5000.00
L. Contracted Improvements
lq. Other Costs(List) ~~ ~
TOTALS $ 5000. O0 $
* ADD ADDITIONAL PAGES T~ PROVIDE DETAILS OF BUDGET
neighbor\pinfund.app
Officers getting to know the neighbors
_± PROGRAM FOR
IMPROVING NEIGHBORHOODS
· -,~,,,at,,.___.__.~ PIN Grant Program Application
CITY OF IOWA CITY
Name of Project: Name of Neighborhood Association:
Sidewalk repair Northside Neighborhood Association
Name/Address/Phone Numbers of Contact Per- Location of Proposed Project:
sons:
Darlene Clausen Location is: Public property X
508 Bloomington Street Private property
338 8175 School District property
Amount of Funds Requested: Time Period of Proposed Project:
$5000 From: July 1 To: Sept 30
A. General List and Description of Activities with estimated time line:(please indicate if this project will
or could be phased over a number of years)
Subsidize the repair of concrete sidewalks for Iow income residents and repair of historic brick
sidewalks. ']'he neighborhood association proposes to make PIN funds available to homeowners
who will have financial difficulty paying for repairs~ Funds will also be available to cover the
difference in the cost between concrete walks and repairing historic brick sidewalks. This will
encourage the preservation of the historic walks. Add additional pages if necessary.
B. Describe the process used to solicit neighborhood input into this funding request and summarize
results:
We solicited ideas for PIN grants in our Feb. newsletter and the 24 members who attended the Feb.
27 neighborhood meeting enthusiastically endorsed this application.
Add additional pages if necessary.
C. List the names of potential resources (neighborhood and other) that will be utilized in this project:
Type Status
Volun- Cash Antici- Com-
teer pated mitted
~ I Planning and implementation x [] [] x
12
[] [] [] []
3. [] [] [] []
4. [] [] [] []
5. [] [] [] []
6. [] [] [] []
Page 2
PROGJ~¥~ FOR ZIt~'RO~v'ZNG JV~,IGHBO~OODS
D. Why is this project needed and what are its goals?
This spring the City will be identifying sidewalks that need to be repaired. Repairs are necessary
to assure that sidewalks are safe and free of trip hazards.
One block in and adjacent to the Brown Street Historic District contains brick sidewalks. These
brick walks lend charm and character to the neighborhood and are an important link to our
historic past. The repair of these walks will be more expensive than replacing them with concrete.
PIN funds will be used to pay the difference in cost between replacement with concrete and
repair of the brick walks. Cost estimates from at least two contractors will be required to establish
the difference in cost. The City Engineer may be asked to verify the reasonableness of the costs.
Add additional pages if necessary.
E. Does this project benefit Iow-income, elderly, youth or other disadvantaged youth? If yes, please
explain.
The project will benefit all residents of the neighborhood including elderly and youth by improving
the living environment in the neighborhood, it will benefit Iow income residents who may not be
able to pay the full cost of sidewalk repair. Funds will be used to pay for concrete walk repair for
those meeting City income limits for Iow income households. Applicants will be required to verify
that they meet income requirements. The neighborhood news letter will be used to publish the
income guidelines and solicit applications.
Add additional pages if necessary.
F. Could the project occur without PIN funding?
No. Add additional pages if necessary.
G. Could the project operate with less funding?
Yes but residents would have to pay a share of the cost or fewer persons would be helped with
sidewalk repair. Add additional pages if
necessary
EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER
FUNDS
I. Equipment/Supplies $ $
J. Project Materials
K. Professional Services $5000
L. Contracted Improvements
M. Other Costs(List)
TOTALS $5000 $
~< ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
* PROGRAM FOR
IMPROVING NEIGHBORHOODS
~ PIN Grant Program Application
CITY OF IOWA CITY
Name of Project: Name of Neighborhood Association:
Dead Couch Day Northside Neighborhood Association
Name/Address/Phone Numbers of Contact Per- Location of Proposed Project:
sons: Throughout the Northside neighborhood
Darlene Clausen Location is: Public property X
508 Bloomington Street Private property X
338 8175 School District property
Amount of Funds Requested: Time Period of Proposed Project:
$1400 From: Aug 1 To: Sept 1 2003
From: May 15 To: June 1 2003
A. General List and Description of Activities with estimated time line:(please indicate if this project will
or could be phased over a number of years)
Collection of derelict indoor upholstered furniture, "dead couches", from porches and curbs. Flyer will
be distributed to areas of neighborhood that have several dead couches. The flyer will advertising this
free service and provide an email address for those who would like their dead couches removed.
Couches will be collected and taken to landfill. Volunteers will assist a local hauling firm to collect
couches. Couches will be collected during the primary moving seasons in late May and eady August.
Couches will be removed on a first come first serve basis.
B. Describe the process used to solicit neighborhood input into this funding request and summarize
results:
Several neighborhood residents have complained about the many dead couches that are stored on front
porches throughout the neighborhood. The neighborhood association proposed this application last year
but withdrew it before the Council decided which PIN grants to fund. We have more thoroughly
developed the proposal this year. We solicited ideas for PIN grants in our Feb. newsletter and 24
members who attended the Feb. 27 neighborhood meeting enthusiastically endorsed this application.
C. List the names of potential resources (neighborhood and other) that will be utilized in this project:
Type Status
Volun- Cash Antici- Com-
teer pated mitted
1. Volunteers to draft and distribute flyer x x x[~] []
2. Volunteers to help collect couches x [] x []
Page 2
Pi~OG18~M FOR IJI~IPI~OIrIJVO Ar~,IGItBOP, ItOOD$
D. Why is this project needed and what are its goals?
Many neighborhood residents have noted an abundance of derelict couches which litter the porches
and yards of the neighborhood. Many of these couches are worn out and no longer usable. The
cost of having them hauled to the landfill may lead many residents to store them on the porch rather
than have them disposed of properly. These couches detract from the general appearance of the
neighborhood. They also may pose a safety hazard as they are flammable and provide housing for
varmint. The goal of this project is to dispose of the couches propedy and to improve the general
appearance, health and safety of the neighborhood. It was hoped that the issue of derelict couches
would be addressed through the recommendations of the Neighborhood Relations Task Force.
Because the issue will not be addressed by city regulations, the Northside Association proposes to
take a positive proactive approach to improving the neighborhood. We hope to dispose of 75 to 100
couches.
Add additional pages if necessary
E. Does this project benefit Iow-income, elderly, youth or other disadvantaged youth? If yes, please
explain.
The project will benefit all residents of the neighborhood including elderly and youth by improving the
living environment in the neighborhood. It will benefit Iow income residents who may not be able to
pay the land fill fees to dispose of dead couches.
Add additional pages if necessary.
F. Could the project occur without PIN funding?
No. Add additional pages if necessary
G. Could the project operate with less funding?
Less funding would allow fewer couches to be disposed of. If the City provides a truck and driver to haul
the couches to the landfill less funding would be needed. Waiver of landfill fees would also lower the
cost.
Add additional pa~les if necessary
EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER
FUNDS
I. Equipment/Supplies $ $
J. Project Materials Flyers Neighborhood funds $100
K. Professional Services Hauling $750
L. Contracted Improvements
M. Other Costs(List) Landfill fees $650
TOTALS $1400 $ $100
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
PROGRAM FOR
IMPROVING NEIGHBORHOODS
"""'-~- --~ PIN Grant Program Application
CITY OF IOWA CITY
Name of Project: Name of Neighborhood Association:
Movies in the Park- Big Screen Projector System Neighborhood Council
Name/Address/Phone Numbers of Contact Per- Location of Proposed Project:
sons: N/A- to be used for public events
Marcia Klingaman; 410 E Washington Location is: Public property
356-5237 Private property
School District property __
Amount of Funds Requested: Time Period of Proposed Project:
$5000 (dependent upon other fundinq) On.qoinq
A. General List and Description of Activities with estimated time line:(please indicate if this project will or
could be phased over a number of years)
A large screen video projector and sound system would be purchased and made available to
neighborhood associations and others who are interested and willing to coordinate a "Movie in the Park"
event. Such an event could include potluck& snacks, and neighborhood meetings.
Add additional pages if necessary.
B. Describe the process used to solicit neighborhood input into this funding request and summarize
results:
There was discussion at the neighborhood council meetings and a strong interest in pursuing the
)urchase of such a system.
Add additional pages if necessary.
C. List the names of potential resources (neighborhood and other) that will be utilized in this project:
Type Status
Volun- Cash Antici- Com-
teer pated mitred
1. Community Event and Program Funding [] x [] []
2. [] [] [] []
3. [] [] [] []
4. [] [] [] []
PROGRAM FOR IMPROVING NEIGHBORHOODS
D. Why is this project needed and what are its goals?
The projector system will provide an on going benefit by promoting interaction and community building
within Iowa City neighborhoods.
Add additional pages ff necessary.
E. Does this project benefit Iow-income, elderly, youth or other disadvantaged youth? If yes, please
explain.
Yes, neighborhood associations or groups that serve these populations would be eligible to check out
projector system.
Add additional pages if necessary.
F. Could the project occur without PIN funding?
Probably not; the PIN funding will not provide all of the funds needed but will provide a substantial
amount of the project cost.
Add additional pages if necessary.
G. Could the project operate with less funding?
No, the funding request is for a nice quality projector system. We have been advised by Cedar Rapids
to invest in a higher quality system that will stand the test of time.
Add additional pa~les ff necessary
EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER
FUNDS
I. Equipment/Supplies $ 3000 $ 2500 Community Event Program Funding-
not yet approved; final amount
unknown
J. Project Materials
K. Professional Services
L. Contracted Improvements
M. Other Costs(List)
TOTALS $ 3000 $ 2500
* ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET
neighbor\pinfund.app
ATTACHMENT A. Detailed Description of Budget
System from ECS in Davenport
1.) Screen $910
2.) Projector $3420
3.) Case $215
4.) Speakers $536
5.) DVD $135
6.) VCR $76
$5292
DEPARTMENT MEMO
TO: Steve Atkins --
FROM: Captain Widmer
REF: Wetherby PIN Grant
DATE: August 19, 2003
As you are aware, the Police Department has worked with the Wetherby Association in the past
regarding their desire to have an increased police presence. As a part of that, their idea of using
PIN grant money to pay officer overtime was developed. While the on-duty officers give their
neighborhood regular patrol, they frequently are interrupted to answer calls in other areas. The
PIN grant allowed us to bring in an officer to work on overtime and be assigned a specific task
without having to answer calls for service. This means that specific tasks for the neighborhood
can be conducted, much like a business hiring an off-duty officer for extra security. In working
with the association, we targeted walking and bike patrols in the areas and during the times the
neighborhood felt the extra presence of officers was needed. This allowed officers to have the
time to interact with a large contingent of neighborhood residence, people who they normally
only observe as they patrol from their vehicles.
In measuring whether it was effective, it is hard to measure the increased sense of security and
community that we know this type of patrol generates. In looking strictly at the numbers, we
most often see an increase in calls for service and arrests because the officer have the time to
take a proactive rather than a reactive approach to crime and disorder that may be going on in the
neighborhood. In addition, people meeting officers in other than a conflict situation builds trust
(on both sides) and results in the residents being more likely to report their concerns. This is the
result of this type of patrol, not only locally, but studies on a national basis yield the same
findings.
I have recently met with representatives from the Wetherby Association about how best to use
officers in their neighborhood should the funds be granted. The police department would
provide the statistics of calls coming from their neighborhood as well as identifying the tools we
have available to deal with them. The neighborhood would then determine what they want to be
a priority and how those tools are deployed. The PiN grant allows us to police in a way that is
more personal and partners with the neighborhood.
City of Iowa City
......... MEMORANDUM
2
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4S
August 19, 2003
The City Council of Iowa City, Iowa, met in requl ar session, in the Emma J.
Harvat Hall, Civic Center, Iowa City, Iowa, at 7: 00 o'clock P__.M., on the above
date. There were present the Mayor Lehman , in the chair, and the
following named Council Members:
Champion. Kanner, Lehman, O'Donnell. Pfab.
Vanderhoef. Wilburn
Ab sent: None
-1-
Whereupon, Council Member __fl' Bnnnpl 1 _ introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROViNG AND
AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
SOUTHGATE DEVELOPMENT COMPANY", and moved:
that the Resolution be adopted.
// to ADJOURN and defer action on the Resolution and
the proposal to the meeting to be held at o'clock .M. on the
day of ,2003, at this place.
Council Member Yanderhoef seconded the motion. The roll was
called and the vote was,
AYES: O'Bnnnoll: Vando~'hopf: b/ilhl~t,n: ~'hamp'inn; Lehman
NAYS: Pfah: ~annor
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 03-276
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF
IOWA CITY AND SOUTHGATE DEVELOPMENT
COMPANY
WHEREAS, by Resolution No. 03-158 approved and adopted on May 20, 2003,
the City Council has approved and adopted an urban renewal plan for the Project Area
-2-
designated as the "Highway 6 Commercial Urban Renewal Plan," as amended (the
"Urban Renewal Plan"); and
WHEREAS, it is desirable that properties within the Project Area be redeveloped
as part of the overall redevelopment area covered by said Plan; and
WHEREAS, the City has received a proposal from Southgate Development
Company (the "Developer"), in the form of a proposed Agreement for Private
Redevelopment (the "Agreement") by and between the City and the Developer, pursuant
to which, among other things, the Developer would agree to construct certain Minimum
Improvements (as defined in the Agreement) on certain real property located within the
Highway 6 Commercial Urban Renewal Project Area as legally described in the
Agreement hereto and incorporated herein by this reference (defined in the Agreement as
the "Development Property"), consisting of the construction of improvements to the
existing five tracts of commercially zoned properties and related street and pedestrian
improvements within the Development Property, to include clear pedestrian access from
the north/south and east/west entry points that will allow a physical separation between
pedestrian and auto traffic, a pedestrian access on the south of the Development Property
providing access to Cross Park Avenue and a bus shelter and related improvements to
facilitate a bus route through the Development Property, said Minimum Improvements
must result in an increase in actual assessed value of the Development Property of at least
fifteen (15) percent as of the first year for which an Economic Development Grant is
received, together with any new construction located on the Development Property, under
the terms and following satisfaction of the conditions set forth in the Agreement; and
WHEREAS, the Agreement further proposes that the City provide up to seven (7)
consecutive annual payments, the total, aggregate amount not to exceed $1,725,000, to
the Developer commencing on June 1, 2007 and ending on June 1, 2013, pursuant to
Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent
(100%) per fiscal year of the Tax Increments collected by the City with respect to the
Minimum Improvements on Development Property, under the terms and following
satisfaction of the conditions set forth in the Agreement; and
WHEREAS, Iowa Code Chapters 1SA and 403 (the "Urban Renewal Law") and
authorize cities to make loans and grants for economic development in furtherance of the
objectives of an urban renewal project and to appropriate such funds and make such
expenditures as may be necessary to carry out the purposes of said Chapters, and to levy
taxes and assessments for such purposes; and
-3-
WHEREAS, the Council has determined that the Agreement is in the best interests
of the City and the residents thereof and that the performance by the City of its
obligations thereunder is a public undertaking and purpose and in furtherance of the Plan
and the Urban Renewal Law and, further, that the Agreement and the City's performance
thereunder is in furtherance of appropriate economic development activities and
objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code:
Section 1. That the performance by the City of its obligations under the
Agreement, including but not limited to making of loans and grants to the Developer in
connection with the development of the Development Property under the terms set forth
in the Agreement, be and is hereby declared to be a public undertaking and purpose and in
furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and
the City's performance thereunder is in furtherance of appropriate economic development
activities and objectives of the City within the meaning of Chapters 403 and 15A of the
Iowa Code.
Section 2. That the form and content of the Agreement, the provisions of which
are incorporated herein by reference, be and the same hereby are in all respects
authorized, approved and confirmed, and the Mayor and the Mayor Pro Tem and the City
Clerk and the Deputy City Clerk be and they hereby are authorized, empowered and
directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in
substantially the form and content now before this meeting, but with such changes,
modifications, additions or deletions therein as shall be approved by such officers, and
that from and after the execution and delivery of the Agreement, the Mayor and the
Mayor Pro Tem and the City Clerk and the Deputy City Clerk are hereby authorized,
empowered and directed to do all such acts and things and to execute all such documents
as may be necessary to carry out and comply with the provisions of the Agreement as
executed.
PASSED AND APPROVED this 19t~}.~Augu~t, i003. ~ .~
lvlayor
ATTEST:
Cler~
-4-
AGREEMENT FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA
AND
SOUTHGATE DEVELOPMENT COMPANY
AGREEMENT FOR
PRIVATE REDEVELOPMENT
THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called
"Agreement"), is made on or as of the day of ., 2003, by
and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"),
established pursuant to the Code of Iowa of the State of Iowa and acting under the
authorization of Chapter 403 of the Code of Iowa, 2003, as amended (hereinafter called
"Urban Renewal Act") and Southgate Development Company, having an office for the
transaction of business at 755 Mormon Trek Blvd, Iowa City, Iowa (the "Developer").
WITNESSETH:
WHEREAS, in furtherance of the objective~ of the Urban Renewal Act, the City
has undertaken a program for the revitalization of an economic development area in the
City and, in this connection, is engaged in carrying out urban renewal project activities in
an area known as the Highway 6 Commercial Urban Renewal Plan Area, which area is
described in the Urban Renewal Plan approved for such area by Resolution No. 03-158
dated May 20, 2003; and
WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded
among the land records in the office of the Recorder of Johnson County, Iowa; and
WHEREAS, the .Developer owns or has the right to occupy certain real property
located in the foregoing Urban Renewal Area as more particularly described in Exhibit A
annexed hereto and made a part hereof (which property as so described is hereinafter
referred to as the "Development Property"); and
WHEREAS, the Developer will cause certain improvements to be constructed on
the Development Property and will cause the same to be operated in accordance with this
Agreement; and
WHEREAS, the City believes that the development and continued operation of the
Development Property pursuant to this Agreement and the fulfillment generally of this
Agreement, are in the vital and best interests of the City and in accord with the public
purposes and provisions of the applicable State and local laws and requirements under
which the foregoing project has been undertaken and is being assisted.
-1-
NOW, THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
ARTICLE I. DEFINITIONS
Section 1.1. Definitions. In addition to other definitions set forth in this
Agreement, all capitalized terms used and not otherwise defined herein shall have the
following meanings unless a different meaning clearly appears from the context:
Active Tenant is defined as a use generating business invitee and/or employee traffic
to and from the premises on a basis consistent with the regular and ongoing conduct of
business activities. "Occupied by an Active Tenant" does not include uses generating only
random or intermittent traffic, storage uses, purely seasonal (e.g. holidays) or temporary uses,
or owner-occupied space; notwithstanding the receipt of rental payment under an existing
lease or rental agreement.
Agreement means this Agreement and all appendices hereto, as the same may be
from time to time modified, amended or supplemented.
Certificate of Completion means a certification in the form of the certificate
attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the
Developer pursuant to Section 3.2 of this Agreement.
City means the City of Iowa City, Iowa, or any successor to its functions.
Code means the Code of Iowa, 2003, as amended.
Construction Plans means the plans, specifications, drawings and related documents
reflecting the construction work to be performed by the Developer on the Development
Property and the other properties upon which the Public Improvements will be located;
the Construction Plans shall be as detailed as the plans, specifications, drawings and
related documents which are submitted to the building inspector of the City as required by
applicable City codes.
County means the County of Johnson, Iowa.
Developer means Southgate Development Company, a corporation.
-2-
Development Property means that portion of the Highway 6 Commercial Urban
Renewal Plan Area of the City described in Exhibit A hereto.
Economic Development Grants mean the Tax Increment payments to be made by
the City to the Developer under Article VIII of this Agreement.
Event of Default means any of the events described in Section 10.1 of this
Agreement.
First Mortgage means any Mortgage granted to secure any loan made pursuant to
either a mortgage commitment obtained by the Developer from a commercial lender or
other financial institution to fund any portion of the construction costs and initial
operating capital requirements of the Minimum Improvements, or all such Mortgages as
appropriate.
SOUTHGATE DEVELOPMENT COMPANY - Pepperwood Plaza TIF Account
means a separate account within the Highway 6 Commercial Urban Renewal Tax
Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments
received by the City with respect to the Minimum Improvements.
Minimum Improvements shall mean the construction of improvements to the
existing structures (Pepperwood Plaza), together with all related site improvements as
outlined in Exhibit B hereto. Minimum Improvements shall not include increases in
assessed or actual value due to market factors.
Mortgage means any mortgage or security agreement in which the Developer has
granted a mortgage or other security interest in the Development Property, or any portion
or parcel thereof, or any improvements constructed thereon.
Net Proceeds means any proceeds paid by an insurer to the Developer under a policy
or policies of insurance required to be provided and maintained by the Developer, as the
case may be, pursuant to Article V of this Agreement and remaining after deducting all
expenses (including fees and disbursements of counsel) incurred in the collection of such
proceeds.
Ordinance means Ordinance No. 03-4091 of the City, under which the taxes levied
on the taxable property in the Project Area shall be divided and a portion paid into the
Iowa City Urban Renewal Tax Increment Revenue Fund.
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Project shall mean the construction and operation of the Minimum Improvements on
the Development Property, as described in this Agreement.
State means the State of Iowa.
Highway 6 Commemial Urban Renewal Tax Increment Fund means the special fund
of the City created under the authority of Section 403.19(2) of the Code and the
Ordinance, which fund was created in order to pay the principal of and interest on loans,
monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds or other obligations issued under the authority of Section 403.9 or 403.12
of the Code, incurred by the City to finance or refinance in whole or in part projects
undertaken pursuant to the Urban Renewal Plan for the Project Area.
Tax Increments means the property tax revenues with respect to the Minimum
Improvements that are divided and made available to the City for deposit in the Highway
6 Commercial Urban Renewal Tax Increment Revenue Fund under the provisions of
Section 403.19 of the Code and the Ordinance.
Termination Date means the date of termination of this Agreement, as established in
Section 12.8 of this Agreement.
Unavoidable Delays means delays resulting from acts or occurrences outside the
reasonable control of the party claiming the delay including but not limited to storms,
floods, fires, explosions or other casualty losses, unusual weather conditions, strikes,
boycotts, lockouts or other labor disputes, delays in transportation or delivery of material
or equipment, litigation commenced by third parties, or the acts of any federal, State or
local governmental unit (other than the City).
Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in
respect of the Highway 6 Commemial Urban Renewal Area, described in the preambles
hereof.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the Ci _ty. The City makes the
following representations and warranties:
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(a) The City is a municipal corporation and political subdivision organized under
the provisions of the Constitution and the laws of the State and has the power to enter into
this Agreement and carry out its obligations hereunder.
(b) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a breach of, the terms, conditions or provisions of any contractual restriction, evidence of
indebtedness, agreement or instrument of whatever nature to which the City is now a
party or by which it is bound, nor do they constitute a default under any of the foregoing.
Section 2.2. Representations and Warranties of Developer. The Developer makes
the following representations and warranties:
(a) The Developer has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed to be
conducted, and to enter into and perform their obligations under the Agreement.
(b) This Agreement has been duly and validly authorized, executed and delivered
by the Developer and, assuming due authorization, execution and delivery by the City, is
in full force and effect and is a valid and legally binding instrument of the Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally.
(c) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms and
conditions of this Agreement are not prevented by, limited by, in conflict with, or result in
a violation or breach of, the terms, conditions or provisions of any contractual restriction
on the Developer, evidence of indebtedness, agreement or instrument of whatever nature
to which the Developer is now a party or by which it or its property is bound, nor do they
constitute a default under any of the foregoing.
(d) There are no actions, suits or proceedings pending or threatened against or
affecting the Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision which
could materially adversely affect the business (present or prospective), financial position
or results of operations of the Developer or which in any manner raises any questions
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affecting the validity of the Agreement or the Developer's ability to perform its
obligations under this Agreement.
(e) The Developer will cause the Minimum Improvements to be constructed in
accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State
and federal laws and regulations.
(f) The Developer will use their best efforts to obtain, or cause to be obtained, in
a timely manner, all required permits, licenses and approvals, and will meet, in a timely
manner, all requirements of all applicable local, State, and federal laws and regulations
which must be obtained or met in connection with the Project.
(g) The Developer has not received any notice from any local, State or federal
official that the activities of the Developer with respect to the Development Property may
or will be in violation of any environmental law or regulation. The Developer is not
currently aware of any State or federal claim filed or planned to be filed by any party
relating to any violation of any local, State or federal environmental law, regulation or
review procedure applicable to the Development Property, and the Developer is not
currently aware of any violation of any local, State or federal environmental law,
regulation or review procedure which would give any person a valid claim under any
State or federal environmental statute with respect thereto.
(h) The Developer will cooperate fully with the City in resolution of any traffic,
parking, and trash removal or public safety problems that may arise in connection with
the construction and operation of the Minimum Improvements.
(i) The Developer would not undertake its obligations under this Agreement
without the payment by the City of the Economic Development Grants being made to the
Developer pursuant to this Agreement.
ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT
Section 3.1. Minimum Improvements.
The Developer agrees to complete Minimum Improvements generally consisting of
improvements to five tracts of commercially zoned properties and related streetscape
elements on the Development Property, all as more fully described on Exhibit B hereto.
The construction of the Minimum Improvements must increase the assessed value of the
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Development Property by at least 15% over the assessed value on January 1, 2003, as of
January 1, 2005.
The Developer shall submit all exterior changes or new construction requiring a
building permit for review and approval by the City Staff Design Review committee.
Pursuant to this Development Agreement, the Developer shall submit a site plan for
approval by the City Manager, or his/her designee, which provides landscaping and which
defines the entryways and other related drive-through traffic patterns through the use of
landscaping and other appropriate streetscape elements.
The staff design committee will review the project using the criteria of Chapter 4,
Article E. Design Review of the Unified Development Code, City of Iowa City within
seven (7) working days of receipt of the design plans by the Director of Planning &
Community Development. Additional criteria specific to this project includes, but is not
limited to:
1) Pedestrian walkways should, to the extent possible, be separated from vehicular traffic
through the use of trees, landscaping, raised curbs, and decorative pavers.
2) All parking islands should be curbed and landscaped with vegetation.
3) The presence of the building should be strengthened so that it is more visible from
Highway 6 through the use of color, contrast or other architectural elements.
4) The use of color, materials, mass, signage, lighting and other architectural features
should enhance the retail/commercial environment and result in a more vibrant and
visually attractive development.
5) Awnings and signage should be integrated into the overall design concept.
6) All vertical (roof) extensions and sign panels should have a finished appearance from
all sides.
7) Materials used within five feet, measured vertically from grade, should be durable and
resistant to damage. Exterior Insulation & Finish Systems (EIFS) is not recommended.
Any proposed new construction on the Development Property shall be subject to
approval by the Design Review committee before the issuance of any building permit.
Section 3.2. Certificate of Completion.
Upon written request of the Developer after issuance of an occupancy permit for the
Minimum Improvements, the City will furnish the Developer with a Certificate of
Completion for such portion in recordable form, in substantially the form set forth in
Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive
determination of satisfactory termination of the covenants and conditions of this
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Agreement with respect to the obligations of the Developer to construct such portion of
the Minimum Improvements.
A Certificate of Completion may be recorded in the proper office for the recordation
of deeds and other instruments pertaining to the Development Property at the Developer's
sole expense. If the City shall refuse or fail to provide a Certificate of Completion in
accordance with the provisions of this Section 3.2, the City shall within twenty (20) days
after written request to the Developer, provide the Developer with a written statement
indicating with adequate detail, in what respects the Developer has failed to complete the
Minimum Improvements in accordance with the provisions of this Agreement, or is
otherwise in default under the terms of this Agreement, and what measures or acts will be
necessary in the opinion of the City, to obtain such Certificate of Completion.
Section 3.3. Occupancy.
Along with the certifications required under 6.7 hereto, the Developer will certify
that by November 1, 2004, at least 65% of the gross leasable floor space is occupied by an
Active Tenant. On November 1, 2005, the Developer will certify that 75% of the gross
leasable floor space of the Development Property is occupied by an Active Tenant.
Beginning on November 1, 2006, and until the Termination Date, the Developer will
certify that by November 1 of each year or during ten of the twelve previous months 80%
of the gross leasable floor space of the Development Property is occupied by an Active
Tenant. Failure to so certify, or to meet the occupancy requirements, shall constitute
default under Article X of this Agreement.
Should the Developer fail to meet the above mentioned occupancy thresholds due to
tenant bankruptcy in Tract 1, as described in Exhibit A, the gross leasable floor space in
Tract 1 will not be included in the calculation of gross leasable floor space for the next
twelve month period.
ARTICLE IV. RESERVED
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ARTICLE V. INSURANCE
Section 5.1. Insurance Requirements.
(a) Upon completion of construction of the Minimum Improvements and at all
times prior to the Termination Date, the Developer shall maintain, or cause to be
maintained, at its cost and expense (and from time to time at the request of the City shall
furnish proof of the payment of premiums on) insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured through property
policies by similar businesses, including (without limitation the generality of the
foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water
damage, demolition cost, debris removal, and collapse in an amount not less than the full
insurable replacement value of the Minimum Improvements, but any such policy may
have a deductible amount of not mom than $100,000. No policy of insurance shall be so
written that the proceeds thereof will produce less than the minimum coverage required
by the preceding sentence, by reason of co-insurance provisions or otherwise, without the
prior consent thereto in writing by the City. The term "full insurable replacement value"
shall mean the actual replacement cost of the Minimum Improvements (excluding
foundation and excavation costs and costs of underground flues, pipes, drains and other
uninsurable items) and equipment, and shall be determined from time to time at the
request of the City, but not more frequently than once every three years, by an insurance
consultant or insurer selected and paid for by the Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability for injuries to persons and/or property, including any injuries resulting
from the operation of automobiles or other motorized vehicles on or about the
Development Property, in the minimum amount for each occurrence and for each year of
$1,000,000 with a deductible of $500,000.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Developer, in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self-insured with respect to all or any part of its
liability for worker's compensation.
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(b) All insurance required by this Article V to be provided prior to the
Termination Date shall be taken out and maintained in responsible insurance companies
which are authorized under the laws of the State to assume the risks covered thereby. The
Developer will deposit annually with the City copies of policies evidencing all such
insurance, or a certificate or certificates or binders of the respective insurers stating that
such insurance is in force and effect. Unless otherwise provided in this Article V, each
policy shall contain a provision that the insurer shall not cancel or modify it without
giving written notice to the Developer and the City at least thirty (30) days before the
cancellation or modification becomes effective. Not less than fifteen (15) days prior to
the expiration of any policy, the Developer shall furnish the City evidence satisfactory to
the City that the policy has been renewed or replaced by another policy conforming to the
provisions of this Article V, or that there is no necessity therefor under the terms hereof.
In lieu of separate policies, the Developer may maintain a single policy, or blanket or
umbrella policies, or a combination thereof, which provide the total coverage required
herein, in which event the Developer shall deposit with the City a certificate or
certificates of the respective insurers as to the amount of coverage in rome upon the
Minimum Improvements.
(c) The Developer agrees to notify the City immediately in the case of damage
exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance
shall be paid directly to the Developer, and the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an
improved condition or value as they existed prior to the event causing such damage and,
to the extent necessary to accomplish such repair, reconstruction and restoration, the
Developer will apply the Net Proceeds of any insurance relating to such damage received
by the Developer to the payment or reimbursement of the costs thereof.
(d) The Developer shall complete the repair, reconstruction and restoration of the
Minimum Improvements, whether or not the Net Proceeds of insurance received by the
Developer for such purposes are sufficient.
ARTICLE VI. COVENANTS OF TI-IE DEVELOPER
Section 6.1. Maintenance of Properties. The Developer will maintain, preserve
and keep its properties (whether owned in fee or a leasehold interest), including but not
limited to the Minimum Improvements, in good repair and working order, ordinary wear
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and tear accepted, and from time to time will make all necessary repairs, replacements,
renewals and additions.
Section 6.2. Maintenance of Records. The Developer will keep at all times proper
books of record and account in which full, tree and correct entries will be made of all
dealings and transactions of or in relation to the business and affairs of the Developer in
accordance with generally accepted accounting principles, consistently applied
throughout the period involved, and the Developer will provide reasonable protection
against loss or damage to such books of record and account.
Section 6.3. Compliance with Laws. The Developer will comply with all laws,
rules and regulations relating to the Minimum Improvements, other than laws, rules and
regulations the failure to comply with which or the sanctions and penalties resulting
therefrom, would not have a material adverse effect on the business, property, operations,
or condition, financial or otherwise, of the Developer.
Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the
Developer shall not discriminate against any applicant, employee or tenant because of
race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital
status or gender identity. The Developer shall ensure that applicants, employees and
tenants are considered and are treated without regard to their race, creed, color, religion,
sex, national origin, sexual orientation, age, disability, marital status or gender identity.
Section 6.5. Available Information. The Developer shall upon request provide the
City with a letter of an independent public accountant selected by the Developer to the
effect that a Certified Public Accountant has reviewed the financial statements of the
Developer which have been prepared in conformity with the federal income tax fair
market basis, that the examination of such financial statements by such accountant has
been undertaken in accordance with generally accepted auditing standards, and that the
Developer is financially capable of fulfilling its obligations under this Agreement.
Section 6.6. Continued Operation. Commencing upon the signing of the
Agreement, the Developer agrees that it will operate a retail/commercial center at the
Development Property and will continue operation of this business until at least the
Termination Date set forth in Section 12.8 hereof.
Section 6.7. Annual Certification. To assist the City in monitoring the performance
of the Developer hereunder, a duly authorized officer of the Developer shall annually
provide to the City: (a) a written statement from the County Auditor showing the amount
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of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the
Minimum Improvements (excluding increases in assessed or actual value due to market
factors) for the following fiscal ye~/r; (b) proof that all ad valorem taxes on the
Development Property have been paid for the prior fiscal year; and (c) certification that
such officer has re-examined the terms and provisions of this Agreement and that at the
date of such certificate, and during the preceding twelve (12) months, the Developer is
not, or was not, in default in the fulfillment of any of the terms and conditions of this
Agreement (including but not limited to the occupancy requirements of Section 3.3
hereto) and that no Event of Default (or event which, with the lapse of time or the giving
of notice, or both, would become an Event of Default) is occurring or has occurred as of
the date of such certificate or during such period, or if the signer is aware of any such
default, event or Event of Default, said officer shall disclose in such statement the nature
thereof, its period of existence and what action, if any, has been taken or is proposed to be
taken with respect thereto. Such statement, proof and certificate shall be provided not
later than November 1 of each year, commencing November 1, 2004, and ending on
November 1, 2012 both dates inclusive. Upon certification by the Developer on or before
November 1, 2004, the City will certify to establish a base value as of January 1, 2003.
Prior to November 1, 2003, the Developer shall submit the lease plan for the
Development Property, with the gross leasable floor space calculation, current occupancy
status, and a current certificate of insurance to the City.
ARTICLE VII. ASSIGNMENT AND TRANSFER
Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As
security for the obligations of the Developer under this Agreement, the Developer
represents and agrees that, prior to the issuance of the Certificate of Completion and prior
to the Termination Date, the Developer will not dispose of all or substantially all of its
assets or assign its interest in this Agreement to any other party unless (i) the transferee
parmership, corporation, limited liability company or individual assumes in writing all of
the obligations of the Developer under this Agreement and (ii) the City consents thereto
in writing in advance thereof. Notwithstanding the foregoing, however, or any other
provisions of this Agreement, the Developer may pledge any and/or all of its assets as
security for any financing of the Minimum Improvements, and the City agrees that
Developer may assign its interest under this Agreement for such purpose.
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ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS
Section 8.1. Economic Development Grants. (a) For and in consideration of the
obligations being assumed by the Developer hereunder, and in furtherance of the goals
and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal
Act, the City agrees, subject to the Developer hav. ing received a Certificate of Completion
and being and remaining in compliance with the terms of this Agreement and to the terms
of this Article VIII, to assume an obligation to make up to seven (7) consecutive annual
payments to the Developer commencing on June l, 2007 and ending on June 1, 2013,
pursuant to Section 403.9 of the Urban Renewal Act; equal in amounts to one hundred
percent (100%) per fiscal year of the Tax Increments collected by the City with respect to
the Minimum Improvements on Development Property under the terms of the Ordinance
(without regard to any averaging that may otherwise be utilized under Section 403.19(6)
and excluding any interest that may accrue thereon prior to payment to the Developer)
during the preceding twelve-month period in respect of the Development Property and the
Minimum Improvements, but subject to adjustment and conditions precedent as provided
in this Article (such payments being referred to collectively as the "Economic
Development Grants").
(b) The obligation of the City to make an Economic Development Grant to the
Developer in any year as specified above shall be subject to and conditioned upon the
timely filing by the Developer of all previous annual statements, proofs and certifications
required under Section 6.7 hereof and the City Manager's approval thereof. Beginning
with the November 1, 2004 certification, if the Developer's annual statement, proof and
certification is timely filed and contains the information required under Section 6.7 and
the City Manager approves of the same, the City shall certify to the County prior to
December 1 of that year its request for the available Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected by the
City as taxes are paid during the following fiscal year and which shall thereafter be
disbursed to the Developer on June 1 of the following fiscal year. (For example, if the
Developer and the City each so certify on November and December of 2005, respectively,
the first Economic Development Grant would be paid to the Developer on June 1, 2007).
(c) In the event that the annual statement, proof or certificate required to be
delivered by the Developer under Section 6.7 is not delivered to the City by November 1
of any year, the Developer recognizes and agrees that the City may have insufficient time
to review and approve the same and certify its request for Tax Increments to the County
and that, as a result, no Economic Development Grant may be made to the Developer in
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respect thereof. The City covenants to act in good faith to appropriately review and
consider any late certification on the part of the Developer, but the City shall not be
obligated to make any certification to the County for the available Tax Increments or
make any corresponding payment of the Economic Development Grant to the Developer
if, in the reasonable judgment of the City, it is not able to give appropriate consideration
to the Developer's certification due to its late filing.
(d) The total, aggregate amount of all Economic Development Grants under this
Agreement shall not exceed $1,725,000. Each Economic Development Grant shall be
equal to the sum of one hundred percent (100%) of all Tax Increments collected per fiscal
year in respect of the assessments imposed on the Minimum Improvements as of January
1, 2005, and on January 1 of each of the following six (6) years, until the total, aggregate
of all such Economic Development Grants equals no more than the sum of $1,725,000. If
a final grant based upon one hundred percent of Tax Increments would result in total,
aggregate Economic Development Grants in an amount exceeding $1,725,000, the final
Economic Development Grant shall be reduced accordingly. Such Economic
Development Grants shall at all times be subject to termination in accordance with the
terms of this Article VIII. Thereafter the taxes levied on the Minimum Improvements
shall be divided and applied in accordance with the Urban Renewal Act and the
Ordinance.
(e) In the event that any certificate filed by the Developer under Section 6.7 or
other information available to the City discloses the existence or prior occurrence of an
Event of Default that was not cured or cannot reasonably be cured under the provisions of
Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would
become an Event of Default that cannot reasonably be cured under the provisions of
Section 10.2), the City shall have no obligation thereafter to make any further payments to
the Developer in respect of the Economic Development Grants and may proceed to take
one or more of the actions described in Section 10.2 hereof.
Section 8.2. Source of Grant Funds Limited. (a) The Economic Development
Grants shall be payable from and secured solely and only by amounts deposited and held
in the SOUTHGATE DEVELOPMENT COMPANY - Pepperwood Plaza TIF Account
of the City. The City hereby covenants and agrees to maintain the Ordinance in force
during the term hereof and to apply the incremental taxes collected in respect of the
Minimum Improvements and allocated to the SOUTHGATE DEVELOPMENT
COMPANY - Peppperwood Plaza TIF Account to pay the Economic Development
Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development
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Grants shall not be payable in any manner by other tax increment revenues or by general
taxation or from any other City funds.
(b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no
obligation to make an Economic Development Grant to the Developer if at any time
during the term hereof the City receives an opinion of its legal counsel to the effect that
the use of Tax Increments resulting from the Minimum Improvements to fund an
Economic Development Grant to the Developer, as contemplated under said Section 8.1,
is not authorized or otherwise an appropriate project activity permitted to be undertaken
by the City under the Urban Renewal Act or other applicable provisions of the Code, as
then constituted, or under a controlling decision of an Iowa court having jurisdiction over
the subject matter hereof. Upon receipt of such an opinion, the City shall promptly
forward a copy of the same to the Developer. If the circumstances or legal constraints
giving rise to the opinion continue for a period during which two (2) Economic
Development Grants would otherwise have been paid to the Developer under the terms of
Section 8.1, the City may terminate this Agreement, without penalty or other liability to
the Developer, by written notice to the Developer.
(c) The City makes no representation with respect to the amounts that may finally
be paid to the Developer as the Economic Development Grants, and under no
circumstances shall the City in any manner be liable to the Developer so long as the City
timely applies the Tax Increments actually collected and held in the SOUTHGATE
DEVELOPMENT COMPANY - Pepperwood Plaza TIF Account (regardless of the
amounts thereof) to the payment of the Economic Development Grants to the Developer,
as and to the extent described in this Article.
Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City
shall be free to use any and all Tax Increments collected in respect of increases in
valuation on the Development Property unrelated to construction of the Minimum
Improvements (i.e. increases in assessed or actual value due to market factors) any other
properties within the Project Area, or any available Tax Increments resulting from the
suspension or termination of the Economic Development Grants under Section 8.1 hereof,
for any purpose for which the Tax Increments may lawfully be used pursuant to the
provisions of the Urban Renewal Act, and the City shall have no obligations to the
Developer with respect to the use thereof.
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ARTICLE IX. INDEMNIFICATION
Section 9.1. Release and Indemnification Covenants.
(a) The Developer releases the City and the governing body members, officers,
agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the
"indemnified parties") from, covenants and agrees that the indemnified parties shall not
be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties
against, any loss or damage to property or any injury to or death of any person occurring
at or about or resulting from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct
or any unlawful act of the indemnified parties, the Developer agrees to protect and defend
the indemnified parties, now or forever, and further agree to hold the indemnified parties
harmless, from any claim, demand, suit, action or other proceedings whatsoever by any
person or entity whatsoever arising or purportedly arising from (i) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action, demand
or other proceeding brought by the Developer against the City to enfome its rights under
this Agreement), (ii) the acquisition and condition of the Development Property and the
construction, installation, ownership, and operation of the Minimum Improvements or
(iii) any hazardous substance or environmental contamination located in or on the
Development Property.
(c) The indemnified parties shall not be liable for any damage or injury to the
persons or property of the Developer or its officers, agents, servants or employees or any
other person who may be about the Minimum Improvements due to any act of negligence
of any person, other than any act of negligence on the part of any such indemnified party
or its officers, agents, servants or employees.
(d) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements
and obligations of the City, and not of any governing body member, officer, agent,
servant or employee of the City in the individual capacity thereof.
(e) The provisions of this Article IX shall survive the termination of this
Agreement.
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ARTICLE X. DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is
used in this Agreement, any one or more of the following events:
(a) Failure by the Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions and
limitations of Article III of this Agreement;
(b) Transfer of any interest in this Agreement or the assets of the Developer in
violation of the provisions of Article VII of this Agreement;
(c) Failure by the Developer to substantially observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement;
(d) The holder of any Mortgage on the Development Property, or any
improvements thereon, or any portion thereof, commences foreclosure proceedings as a
result of any default under the applicable Mortgage documents;
(e) The Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become
due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer as a bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be filed in
any court and such petition or answer shall not be discharged or denied within ninety (90)
days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the
Minimum Improvements, or part thereof, shall be appointed in any proceedings brought
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against the Developer, and shall not be discharged within ninety (90) days after such
appointment, or if the Developer shall consent to or acquiesce in such appointment; or
(f) Any representation or warranty made by the Developer in this Agreement, or
made by the Developer in any written statement or certificate furnished by the Developer
pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading
in any material respect on or as of the date of the issuance or making thereof.
Section 10.2. Remedies on Default. Whenever any Event of Default referred to in
Section 10.1 of this Agreement occurs and is continuing, the City, as specified below,
may take any one or more of the following actions after (except in the case of an Event of
Default under subsections (e) or (f) of said Section 10.1 in which case action may be
taken immediately) the giving of thirty (30) days' written notice by the City to the
Developer and the holder of the First Mortgage (but only to the extent the City has been
informed in writing of the existence of a First Mortgage and been provided with the
address of the holder thereof) of the Event of Default, but only if the Event of Default has
not been cured within said thirty (30) days, or if the Event of Default cannot reasonably
be cured within thirty (30) days and the Developer does not provide assurances
reasonably satisfactory to the City that the Event of Default will be cured as soon as
reasonably possible:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement;
(b) The City may terminate this Agreement;
(c) The City may withhold the Certificate of Completion;
(d) The City may take any action, including legal, equitable or
administrative action, which may appear necessary or desirable to enforce performance
and observance of any obligation, agreement, or covenant of the Developer, as the case
may be, under this Agreement; or
(e) The City shall be entitled to recover from the Developer, and the
Developer shall re-pay to the City, an amount equal to the most recent Economic
Development Grant previously made to the Developer under Article VIII hereof, and the
City may take any action, including any legal action it deems necessary, to recover such
amount from the Developer.
-18-
Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other available remedy or remedies, but each
and every remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any fight or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
fight and power may be exercised from time to time and as often as may be deemed
expedient.
Section 10.4. No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party,
such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any
Event of Default occurs and the party who is not in default shall employ attorneys or incur
other expenses for the collection of payments due or to become due or for the
enforcement or performance or observance of any obligation or agreement on the part of
the party in default herein contained, the party in default agrees that it shall, on demand
therefor, pay to the part not in default the reasonable fees of such attorneys and such other
expenses as may be reasonably and appropriately incurred by the party not in default in
connection therewith.
ARTICLE XI. OPTION TO TERMINATE AGREEMENT
Section 11.1. Option to Terminate. This Agreement may be terminated by the
Developer if (i) the Developer is in compliance with all material terms of this Agreement
and no Event of Default has occurred which has not been cured in accordance with the
provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term
of this Agreement, and, after written notice by the Developer of such failure, the City has
failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if
such noncompliance cannot reasonably be cured by the City within ninety (90) days of
receipt of such notice, the City has not provided assurances reasonably satisfactory to the
Developer that such noncompliance will be cured as soon as reasonably possible.
Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to
this Article XI, this Agreement shall be from such date forward null and void and of no
- 19-
further effect; provided, however, that the City's rights to indemnification under Article
IX hereof shall in all events survive and provided further that the termination of this
Agreement shall not affect the rights of any party to institute any action, claim or demand
for damages suffered as a result of breach or default of the terms of this Agreement by
another party, or to recover amounts which had accrued and become due and payable as
of the date of such termination. In any such action, the prevailing party shall be entitled
to recover its reasonable attorneys fees and related expenses incurred in connection
therewith (but only, in the case of the City, to the extent permitted by applicable law).
Upon termination of this Agreement pursuant to this Article XI, the Developer shall be
free to proceed with the construction and operation of the Minimum Improvements at its
own expense and without regard to the provisions of this Agreement.
ARTICLE XII. MISCELLANEOUS
Section 12.1. Conflict of Interest. The Developer represents and warrants that, to
its best knowledge and belief after due inquiry, no officer or employee of the City, or its
designees or agents, nor any consultant or member of the governing body of the City, and
no other public official of the City who exercises or has exercised any functions or
responsibilities with respect to the Project during his or her tenure, or who is in a position
to participate in a decision-making process or gain insider information with regard to the
Project, has had or shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work or services to be performed in connection
with the Project, or in any activity, or benefit therefrom, which is part of the Project at any
time during or after such person's tenure.
Section 12.2. Notices and Demands. A notice, demand or other communication
under this Agreement by any party to the other shall be sufficiently given or delivered if it
is dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(a) In the case of the Developer, is addressed or delivered personally to
the Developer at 755 Mormon Trek Blvd, Iowa City, Iowa 52246.
(b) In the case of the City, is addressed to or delivered personally to the
City at City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Atto: City
Manager; or to such other designated individual or to such other address as any
party shall have furnished to the other in writing in accordance herewith.
- 20 -
Section 12.3. Titles of Articles and Sections. Any rifles of the several parts,
Articles, and Sections of this Agreement are inserted for convenience of reference only
and shall be disregarded in construing or interpreting any of its provisions.
Section 12.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 12.5. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Iowa.
Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the
entire agreement between the parties regarding the subject matter hereof, and supersedes
and replaces all prior agreements, negotiations or discussions, whether oral or written.
This Agreement may not be amended except by a subsequent writing signed by all parties
hereto.
Section 12.7. Successors and Assigns. This Agreement is intended to and shall
inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns.
Section 12.8. Tenninarion Date. This Agreement shall terminate and be of no
further force or effect on and after December 31, 2013.
Section 12.9 Recording. This Agreement shall be recorded at the Johnson County
Recorder's Office, Iowa City, within 30 days of execution at the expense of the
Developer.
1N WITNESS WHEREOF, the City has caused this Agreement to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested
by its City Clerk, the Developer has caused this Agreement to be duly executed in its
name and behalf by Southgate Development Company.
-21 -
CITY OF IO.W~CITY, IOWA
(SEAL) By: ~
ATTEST:
By: ~g4.e~.-~.) P/(t-
SOUTHGATE DEVg~P~NT?~MPA~
ATTEST: , ~. ~... .... -
........
By:
~Y~ (title)
STATE OF IOWA )
) SS
COUNTY OF'~oh~n )
On this ~ day of i~c,~T' ,2003, before me a Notary Public in and
for said County, personally appeared Ernest W. Lehman and Marian Kart to me
personally known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
.,1 SONO~E FORT I
ICommtssion Number 1597911 ~O~.~"~.L ~'~'b
! MyCom~i~ [ - '
I ~- 7- oe I Nota~ Public in and for Jonson Count, Iowa
- 22 -
STATE OF / oa..~o..-~ )
SS
COUNTY OF
On this ~.Zn~_ day of /-~-/5 , 2003, before me the undersigned, a
Notary Public in and for said County-ih said State, personally appeared Southgate
Development Company, to me personally known, who, being by me duly swom, did say
that the execution of said instrument to be the voluntary act and deed, by him voluntarily
executed.
Notary Public in and for x_--~ot~rT~Or~ County,
- 23 -
EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property is described as consisting of all that certain parcel Or parcels of
land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly
described as follows:
Tract 1
Lot 2 of Block 1, Braverman Center, an addition to Iowa City, Iowa, according to the
Plat thereof recorded in Book 8, Page 69, Plat records of Johnson County; excepting
therefrom that portion of said Lot 2 of Block 1 recorded in Plat Book 12, Page 76,
described as follows; a part of Lot 1, Block 1, Braverman Center, an addition of Iowa
City, Johnson County, Iowa, described as follows: beginning at the northwest comer
of said Lot 2 of Block 1, said point lying on the east line of Keokuk Street; thence
south 78 degrees 48 minutes 50 seconds east, 175.00 feet along the northerly line of
said Lot 2 to the comer of said Lot 2; thence south 11 degrees 11 minutes 10 seconds
west, 122.50 feet; thence north 68 degrees 10 minutes 50 seconds west, 173.08 feet to
the east line of Keokuk Street; thence northerly along said east line of Keokuk Street,
98.69 feet along a 1290.58 foot radius curve concave easterly to the point of beginning
which lies north 8 degrees 01 minutes 00 seconds east, 90.67 feet of the last described
point.
With the street address of' 901 Hollywood Blvd.
Tract 2
Part of Lot 7, Block 1, Braverman Center, according to the plat thereof recorded in Book 27,
Page 31, Plat Records of Johnson County, Iowa. Said tract is described as: Beginning at the
Southwest comer of Lot 7, Block 1, Braverman Center; thence North 0 degrees 26 minutes
20 seconds East 371.22 feet along the Westerly line of said Lot 7; thence South 67 degrees 56
minutes 00 seconds East 92.40 feet along the Westerly line of said Lot 7; thence North 22
degrees 04 minutes 00 seconds East 319.31 feet along the Westerly line of said Lot 7; thence
South 89 degrees 33 minutes 40 seconds East, 170.61 feet; thence South 0 degrees 26
minutes 20 seconds West 324.00 feet; thence South 89 degrees 33 minutes 40 seconds East
56.00 feet; thence South 0 degrees 26 minutes 20 seconds West 310.00 feet to a point on the
South line of Lot 7; thence North 89 degrees 33 minutes 40 seconds West, 430.20 feet along
said South line to the point ofbegirming.
and
A-1
Outlot B of a portion of Block 1, Braverman Center, Iowa City, Iowa, according to the plat
thereof recorded in Book 31, Page 137, Plat Records of Johnson County, Iowa, excepting
therefrom Auditor's Parcel No. 2000005, according to the Plat thereof recorded in Plat Book
41, Page 218, of the Plat Records of Johnson County, Iowa.
With the street address of' 1987 - 1995 Broadway Street.
Tract 3
Auditor's Parcel No. 2000005 according to the Plat thereof recorded in Plat Book 41, Page
218, of the Plat Records of Johnson County, Iowa, said Auditor's Parcel benefited by the
easement recorded in the Book 2957, Page 320 of the Records of Johnson County, Iowa.
With the street address of' 1911-1985 Broadway Street.
Tract 4
Lots 5A and 6, Subdivision of lots 5A, 5B, 6, 7, and 8, Block 1, Braverman Center, Iowa
City, Iowa, according to the plat thereof recorded in Book 27, Page 31, Plat records of
Johnson County, Iowa.
With the street address of' 1905 - 1907 Broadway Street.
Tract 5
All of Lot 8, Block 1, Braverman Center as recorded in Plat Book 27, Page 31 of the
records of Johnson County, Iowa, excepting only that portion of said Lot 8 included in
Auditor's Parcel #2000005 according to the Plat of Survey thereof recorded in Book
41, page 218 of the records of Jolmson County, Iowa.
With the street address of' Corner of Broadway Street and Cross Park Avenue.
Tract 1, commonly known as Kmart
Tract 2, commonly known as Big Lots
Tract 3, commonly known as the Pepperwood Mall
Tract 4, commonly known as the former Paper Warehouse Building
Tract 5, commonly known as the Outlot directly South of the former Best Buy building
A-2
EXHIBIT B
MINIMUM IMPROVEMENTS
The Minimum Improvements shall consist of the construction of improvements to
the existing five tracts of commercially zoned properties and related street and pedestrian
improvements within the Development Property as defined in Exhibit A. Said Minimum
Improvements, as generally referenced by the site plan dated August 4, 2003, and
attached hereto, are subject to applicable permits and approvals. These improvements
shall include, but not be limited to, clear pedestrian access from the north/south and
east/west entry points that allow a physical separation between pedestrian and auto traffic,
a pedestrian access on the south of the Development Property providing access to Cross
Park Avenue and a bus shelter and related improvements to facilitate a bus route through
the Development Property. Said Minimum Improvements must result in an increase in
actual assessed value of the Development Property of at least fifteen (15) percent as of the
first year for which an Economic Development Grant is received, together with any new
construction located on the Development Property.
B-1
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the City of Iowa City, Iowa (the "City") and SOUTHGATE
DEVELOPMENT COMPANY, having an office for the transaction of business at 755
Mormon Trek Blvd, Iowa City, Iowa (the "Developer"), did on or about the day of
,2003, make, execute and deliver, each to the other, an Agreement for
Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed,
in accordance with the terms of the Agreement, to develop and maintain certain real
property located within the City and as more particularly described as follows:
Tract 1
Lot 2 of Block 1, Braverman Center, an addition to Iowa City, Iowa, according to the
Plat thereof recorded in Book 8, Page 69, Plat records of Johnson County; excepting
therefrom that portion of said Lot 2 of Block 1 recorded in Plat Book 12, Page 76,
described as follows; a part of Lot 1, Block 1, Braverman Center, an addition of Iowa
City, Johnson County, Iowa, described as follows: beginning at the northwest comer
of said Lot 2 of Block 1, said point lying on the east line of Keokuk Street; thence
south 78 degrees 48 minutes 50 seconds east, 175.00 feet along the northerly line of
said Lot 2 to the comer of said Lot 2; thence south 11 degrees 11 minutes 10 seconds
west, 122.50 feet; thence north 68 degrees 10 minutes 50 seconds west, 173.08 feet to
the east line of Keokuk Street; thence northerly along said east line of Keokuk Street,
98.69 feet along a 1290.58 foot radius curve concave easterly to the point of beginning
which lies north 8 degrees 01 minutes 00 seconds east, 90.67 feet of the last described
point.
With the street address of: 901 Hollywood Blvd.
Tract 2
Part of Lot 7, Block 1, Braverman Center, according to the plat thereof recorded in Book 27,
Page 31, Plat Records of Johnson County, Iowa. Said tract is described as: Beginning at the
Southwest comer of Lot 7, Block 1, Braverman Center; thence North 0 degrees 26 minutes
20 seconds East 371.22 feet along the Westerly line of said Lot 7; thence South 67 degrees 56
minutes 00 seconds East 92.40 feet along the Westerly line of said Lot 7; thence North 22
degrees 04 minutes 00 seconds East 319.31 feet along the Westerly line of said LOt 7; thence
South 89 degrees 33 minutes 40 seconds East, 170.61 feet; thence South 0 degrees 26
minutes 20 seconds West 324.00 feet; thence South 89 degrees 33 minutes 40 seconds East
56.00 feet; thence South 0 degrees 26 minutes 20 seconds West 310.00 feet to a point on the
C-1
South line of Lot 7; thence North 89 degrees 33 minutes 40 seconds West, 430.20 feet along
said South line to the point of beginning.
and
Outlot B of a portion of Block 1, Braverman Center, Iowa City, Iowa, according to the plat
thereof recorded in Book 31, Page 137, Plat Records of Johnson County, Iowa, excepting
therefrom Auditor's Parcel No. 2000005, according to the Plat thereof recorded in Plat Book
41, Page 218, of the Plat Records of Johnson County, Iowa.
With the street address of' 1987 - 1995 Broadway Street.
Tract 3
Auditor's Parcel No. 2000005 according to the Plat thereof recorded in Plat Book 41, Page
218, of the Plat Records of Johnson County, Iowa, said Auditor's Parcel benefited by the
easement recorded in the Book 2957, Page 320 of the Records of Johnson County, Iowa.
With the street address of' 1911-1985 Broadway Street.
Tract 4
Lots 5A and 6, Subdivision of lots SA, 5B, 6, 7, and 8, Block 1, Braverman Center, Iowa
City, Iowa, according to the plat thereof recorded in Book 27, Page 31, Plat records of
Johnson County, Iowa.
With the street address of' 1905 - 1907 Broadway Street.
Tract 5
All of Lot 8, Block 1, Braverman Center as recorded in Plat Book 27, Page 31 of the
records of Johnson County, Iowa, excepting only that portion of said Lot 8 included in
Auditor's Parcel #2000005 according to the Plat of Survey thereof recorded in Book
41, page 218 of the records of Johnson County, Iowa.
With the street address of' Corner of Broadway Street and Cross Park Avenue.
WHEREAS, the Agreement incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Developer to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Developer has to the present date performed said covenants and
conditions insofar as they relate to the construction of said Minimum Improvements in a
C-2
manner deemed by the City to be in conformance with the approved building plans to
permit the execution and recording of this certification.
NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify
that all covenants and conditions of the Agreement with respect to the obligations of the
Developer, and its successors and assigns, to construct the Minimum Improvements on
the Development Property have been completed and performed by the Developer and are
hereby released absolutely and forever terminated insofar as they apply to the land
described herein. The County Recorder of Johnson County is hereby authorized to accept
for recording and to record the filing 0f this instrument, to be a conclusive determination
of the satisfactory termination of the covenants and conditions of said Agreement with
respect to the construction of the Minimum Improvements on the Development Property.
All other provisions of the Agreement shall otherwise remain in full force and effect
until termination as provided therein.
(SEAL) CITY OF IOWA CITY, IOWA
By:
Mayor
ATTEST:
By:
City Clerk
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
C-3
On this __ day of _, 2003, before me a Notary Public in and for
said County, personally appeared Ernest W. Lehman and Marian Karr, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk,
respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument
is the seal of said Municipal Corporation, and that said instrument was signed and sealed
on behalf of said Municipal Corporation by authority and resolution of its City Council
and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Johnson County, Iowa
C-4
CIG-3
CERTIFICATE
STATE OF IOWA )
)ss
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said law
and with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
city offices as indicated therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this t:~ day
of /~t~t,t.K'r~ ,2003.
City CX~rk, Iowa City, Iowa
SEAL
City of Iowa City
MEMORANDUM
/
DATE.' August 13, 2003 /
TO= City Council
FROM: Steven Nasby, Community and Economic Development Coordinat(~-
RE.' TIF Development Agreement - Pepperwood Plaza
For your consideration is a Tax Increment Financing (TIF) Development Agreement
between the City and Southgate Development Company. This Development Agreement
specifies the terms of the TIF assistance and Southgate's responsibilities related to the
renovation and redevelopment of the Pepperwood Plaza commercial center.
Southgate is estimating an investment of approximately $6.2 million. Site improvements
will include a new access to Highway 6, landscaping, pedestrian access, a bus shelter
and renovations to the existing buildings on the site. In addition, there is a requirement
for Design Review regarding the minimum improvements.
The TIF contributions by the City will be in the form of a 100 percent property tax rebate
for a period of seven years. The Development Agreement has a "not to exceed" or
maximum value of $1,725,000, which is based on Southgate's anticipated investment.
To receive the TIF tax rebates, Southgate must meet occupancy requirements (leased
space) and the minimum improvements must increase the assessed value of the
property by at least 15 percent over the January 1,2003 assessment.
The requirements and terms of the Development Agreement for Pepperwood Plaza are
very similar to those in the Development Agreement the City approved for Sycamore
Mall in 2000.
If you have any questions please contact me at 356-5248.
Cc: City Manager
Karin Franklin, Director of Planning and Community Development
Southgate Development Company
PEPPERWOOD PLAZA
CONEPTUAL PLAN
IOWA CITY, IOWA