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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" ST -- ~'o~,o. ST ;)UR.T- .... .ST ..................... ~ ~ ST ~ z ~z 0 Z ~ 81' Z [ISS r~ ~ O. S' 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 RR I CITY IDRS <~ SITE LOCATION: Country Club Estates, Second Addition SUB02-00011 t' '~ / , ~ ~ ~ ~ c~mwAa~.~ ~ ....... ~--_ J ....... , ' ....... PRELIMIN~Y P~T COUNTRY CLUB ESTATES SECOND ADDITION 02-~ -~ , , LJ - ~ ~; ,m ~,~ ' ~ __l- ~'~ ~_~ :~ V>~~ 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 that riley are expel-ted to govern, Cities and ulamately city ~li~ state ~ f~N ~essurea to ~fl s~te ~ ne~ ~e~, Ev~ ~ ~re ~ a slnc~e ~slre to e~e ~e~ ~ i~, ~ p~a~ ~ ~ m~e and '777 wll tnke Omc. To p~a~ ~ m~f [mp~,me~ a ,om~ m~ #rv,~ deav,~ 4 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. -3- 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: -4- (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 -5- 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 -6- 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 -7- 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 -8- 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. -9- (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 -10- 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 -11- 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. - 12- 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 -13- 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 14- 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. -15- 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. - 16- 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 -17- 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