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1997-03-18 Resolution
Council Member Thornberry introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $11,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Norton seconded the motion to adopt. The roll was called and the vote was, AYES: Novick. Thornberry, Vanderhoef, Kubby, Norton ABSENT: Baker, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-79 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $11,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of $11,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7: 00 o'clock P.M., on the 8th -2- day of ~ri l ,1997, for the purpose of taking action on the matter of the issuance of $11,000,000 Sewer Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of improvements and extensions to the Municipal Sanitary Sewer Utility. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF 911,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 8th day of April, 1997, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of t~l 1,000,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this l~tdayof April ,1997. C ity~~ 7~- ;q/~Z-.-') lerk of Iowa City, Iowa finadm\sewebond.not PASSED AND APPROVED this 18th day of March ,1997. ATTEST: Mayor~~, -5- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $11,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Iowa, will hold a public hearing on the day of o'clock __.M., in the Council Chambers, Civic Street, in Iowa City, at which meeting the City action for the issuance 1,000,000 Sewer Revenue will not constitute general rafions or be payable be payable from and secured net revenues Said bonds are proposed to be iss and extensions to the Municipal of the City of Iowa City, ,1997, at 410 East Washington proposes to take additional onds of said City. Said bonds , manner by taxation, but will Municipal Sanitary Sewer Utility. for the purpos~ )fpaying costs of improvements Sewer At the above meeting oral or owner of said City to the above action shall received and considered, the Council will at take additional action for the issuance of said said bonds. from any resident or property :eived. After all objections have been or at any adjournment thereof, or will abandon the proposal to issue This notice is given by order of sai 384.83 of the City Code of Iowa. Dated this day of governing as provided by Section City Clerk of Iowa City, (End of Notice) -4- Council Member Thornberry introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,500,000 WATER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Norton seconded the motion to adopt. The roll was called and the vote was, AYES: Novick, Thornberry, Vanderhoef, Kubbv, Norton ABSENT: Baker, NAYS: None Lehman Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 97-80 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,500,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Water Revenue Bonds to the amount of $8,500,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7:00 o'clock P.M., on the 8th -6- day of Apri 1 ,1997, for the purpose of taking action on the matter of the issuance of $8,500,000 Water Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of improvements and extensions to the Municipal Water Utility. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF t~8,500,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 8th day of April, 1997, at 7:00 - o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $8,500,000 Water Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. Said bonds are proposed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Water Utility. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 1st day of Apri 1 City'--Clerk of Iowa City, Iowa 997. finadm\watebond.not 1997. PASSED AND APPROVED this 18th day of March ATTEST: PGOODRIC\80006\l\10714044 -9- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $8,500,000 WATER REVENUE BONDS OF SAID CITY, AND THE ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council Iowa, will hold a public hearing on the day of o'clock __.M., Council Chambers, Civic Street, in Iowa City, Iowa, meeting the City action for the issuance of $8000 Water Revenue not constitute general obli be payable in payable from and secured by the n revenues of the are proposed to be issued for the le of improvements and extensions to the Municipal Water Utility. City of Iowa City, ,1997, at 410 East Washington proposes to take additional of said City. Said bonds will by taxation, but will be ' >al Water Utility. Said bonds At the above meeting oral or owner of said City to the above action shall received and considered, the Council will take additional action for the issuance of~ said bonds. from any resident or property After all objections have been or at any adjournment thereof, or will abandon the proposal to issue This notice is given by order 384.83 of the City Code of Iowa. Dated this day o: as provided by Section ,1997. City Clerk of Iowa City, (End of Notice) -8- City of iowa City MEMORANDUM Date: March 13, 1997 To: From: Re: City Council and City Manager Donald Yucuis, Finance Director ~1 Resolutions to Set Public Hearing to ssue $11,000,000 Sewer Revenue Bonds and $8,500,000 Water Revenue Bonds Included on the March 18, 1997 agenda are two resolutions. The first resolution sets a public hearing for April 8, 1997 on the proposition to issue $11,000,000 sewer revenue bonds. Below is a listing of the projects that would be funded from the bond issue: Project 1. Wylde Green Sanitary Sewer 2. Sheridan Avenue Sanitary Sewer 3. Scott Boulevard Trunk Sewer 4. Willow Creek Sanitary Sewer 5. One Year Debt Service Reserve 6. Design and Issuance Costs TQTAL $ Amount $600,000 355,000 2,215,515 1,433,500 1,038,332 145,163 $11,000,000 I expect a May 1997 bond sale date for the $11,000,000 sewer revenue bonds. The other resolution sets a public hearing on April 8, 1997 on the proposition to issue $8,500,000 water revenue bonds. Staff will be presenting to the City Council a more detailed listing of the water projects and a proposed phasing in of those projects at the April 7, 1997 informal meeting. Below is a listing of the projects tentatively included with the $8,500,000 bond issue: Project 1. Raw water piping 2. Iowa River Dam improvements 3. Pond stabilization work at Water site 4. Contingency 5. One year debt service 6. Bond issuance costs TOTAL $ Amount $1,075,600 1,001,000 4,954,000 500,000 802,400 167,000 $8,500,000 I expect to issue bonds in late summer or early fall for the water projects. The actual dollar amount will depend upon the City Council's direction at the April 7, 1997 work session. bc3-1 DY.mmo Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. 97-81 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 8, 1997 ON AN ORDINANCE REGULATING NON-MOTORIZED VEHICLES WHEREAS, the City Council will consider an ordinance on April 8, 1997 which will amend the City Code by replacing the term "toy vehicles" with "non-motorized vehicles" and set forth new regulations regarding non-motorized vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on said ordinance should be and is hereby set for April 8, 1997, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 18th day of March , 1997. ATTEST: CiT~ ?~'- ~I'~ MAYOR( ~// City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: X X X X ABSENT: X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM To: From: Date: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis J. Mitchell, Assistant City Attorney ~ March 17, 1997 Roller Blade Hockey in Chauncey Swan Parking Ramp Pursuant to your request, Bill Dollman measured the height of the outer walls on the top level of the Chauncey Swan Parking Ramp. As you may know, the outer wall is curved. The low points measure 42 inches (3'6") in height and the high points measure 60 inches (5') in height. The staff committee recommended allowing roller blade hockey on the top level of Chauncey Swan if additional railing is added and only after 6:00 p.m. Parking and Transit is opposed to allowing roller blade hockey on the top level of Chauncey Swan under any conditions. Terry Trueblood, at my request, is going to obtain some cost estimates regarding construction of an area to play roller blade hockey in one of the City parks. Once Terry has obtained such cost estimates, we will pass them on to you. If you have any questions, please feel free to give me a call. CO: Linda Newman Woito, City Attorney Stephen Arkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works City of iowa City NIEMORANDU To: Persons Interested in New Regulations Regarding Non-Motorized Vehicles From: Dennis J. Mitchell, Assistant City Attorney Date: March 13, 1997 Re: Revisions to City Code Regarding "Toy Vehicles" and Bicycles on Sidewalks in Commercial Districts The City Council of Iowa City will hold a public hearing on Tuesday, April 8, 1997 to discuss changes to current City ordinances regarding "toy vehicles." The following is a summary of the proposed changes (see also attached summary grid): Replacing "Toy Vehicles" with "Non-Motorized Vehicles"; Definition of "Non-Motorized Vehicles." The term "non-motorized vehicles" will replace the term "toy vehicles." "Non-motorized vehicles" will be defined as: roller skates, in-line skates, skateboards, coasters, and other similar wheeled or coasting devices, including unicycles. Bicycles (which already have their own chapter (Title 9, Chapter 8) in the City Code), wheelchairs, baby strollers, and baby carriages will be excluded from the definition of non-motorized vehicles. B, Regulation of Non-Motorized Vehicles in the Central Downtown Business District. Non-motorized vehicles will be prohibited on the public right-of-way, including sidewalks, in the Central Downtown Business District. The Central Downtown Business District will be defined as the area bounded by Capitol Street to the west, Burlington Street to the south, Van Buren Street to the east, and Jefferson Street to the north. Section 9-8-1E, City Code, will be amended so that bicycles will only be prohibited on sidewalks in the Central Downtown Business District, rather than on sidewalks in all commercial districts. C. Regulation of Non-Motorized Vehicles on Other Public Right-of-Ways and Public Places. Non-motorized vehicles will be prohibited on all roadways, alleys, and streets except in RS-5 (low density residential) and RS-8 (medium density residential) zones, as described in the City's zoning ordinance. Operators of non-motorized vehicles who use roadways, alleys and streets in RS-5 and RS-8 zones will be required to follow the rules of the road. Non-motorized vehicles will be permitted on sidewalks in residential areas as long as the operators of the non- motorized vehicles yield the right-of-way to pedestrians. A zoning map is available for inspection in the Planning Department and the Housing and Inspection Services Department. 2 D. Regulation of Non-Motorized Vehicles and Bicycles Within the City Plaza. Section 10-5-z~, City Code, currently entitled "Bicycle and Skating Restrictions," prohibits the use of bicycles, roller skates, roller blades, skateboards, and other such coasting or wheeled devices within the City Plaza (pedestrian mall). Section 10-5-4 will be amended to prohibit "non-motorized vehicles," as well as bicycles, on the City Plaza. The City Plaza is the College Street right-of-way between Clinton Street and Linn Street and the Dubuque Street right-of- way between Burlington Street and Washington Street. E. Regulation of Non-Motorized Vehicles in Parks and Playgrounds. The use of non-motorized vehicles in Chauncey Swan Park (located across from the Civic Center on the southeast corner of Gilbert Street and Washington Street) will be prohibited due to the continuing problem of destruction of property. However, the use of non-motorized vehicles will be permitted in all other City parks and playgrounds except where posted as prohibited, but long as the non-motorized vehicles are used in a safe manner so as not to injure other persons or property. F. Deletion of Section 9-3-9, Entitled "Play Streets." This Section of the City Code will be repealed because it is outdated. Under this ordinance the City Manager has the authority to designate any street a "play street." Only drivers who reside or have business on the street are authorized to drive on a street while it is declared a "play street." Apparently the purpose of the ordinance was to allow the City to close streets for sledding during the winter. Because other City Code sections now provide for parades, block parties, etc., this archaic ordinance will be repealed. Attachment CC: The Honorable Mayor Naomi Novick and Members of the City Council Linda Newman Woito, City Attorney Stephen Arkins, City Manager Dale Helling, Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works ! 0 0 N 0 0 N ,~- 0 0 ~) z~, Prepared by: Jim Schoenfelder, Architect/Energy Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 97-82 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE CORALVILLE-IOWA CITY ANIMAL SHELTER RENOVATION OF WEST WING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAiD PLANS ON FILE FOR PUBLIC iNSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 8th day of April, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, no.t less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this :[8th day of Hatch ,1997 Approved by City Attorney's Office pweng/westwing.res Resolution No. 97-82 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef MEMORANDUM FROM: Captain T.D.Widmer RE: Animal Shelter Renovation DATE: March 13, 1997 The Iowa City Police Department is proposing the renovation of the original portion of the Iowa City Animal Shelter. The attached drawings prepared by the Public Works Department show in detail the plans to complete this project. It involves a complete interior renovation of the west wing as well as a new roof to unify the exterior of the building. This renovation will revitalize a very dilapidated portion of the building, making it once again usable and providing badly needed space. A summary of the total estimated costs are as follows: Contracted construction costs A/E design costs Equipment & furnishings Outside Improvement $17O,857 $ 12,469 $ 32,096 $ 11,750 Architects Suggested Budget $240,000 "IV~,R4V X,I,£3 V~,0I/:~rIIA'IV}IOD .t~x~,~a~] s~rao~t :n~na ~=~ X,LI3 VAOI ,40 X,LI3 z b y Z Z iJ~I3 V_~_0I ~tO X£I3 Z © <E '-1- ~ X£IO VAOI .40 A£I3 Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-83 RESOLUTION OF INTENT TO CONVEY A FIFTY-FOOT WIDE, ONE-HUNDRED TWENTY-FIVE FOOT LONG PARCEL OF VACATED GABLE STREET RIGHT-OF- WAY LOCATED SOUTH OF LAKESIDE DRIVE TO FRANTZ CONSTRUCTION CO., INC., AND SETTING A PUBLIC HEARING AND RESOLUTION FOR CONVEYANCE ON APRIL 8, 1997 WHEREAS, On March 18, 1997, the City Council will be considering, for passage and adoption, an ordinance vacating a fifty-foot (50') wide, one-hundred and twenty-five foot (1 25') long parcel of right-of-way known as Gable Street located south of Lakeside Drive; and WHEREAS, Frantz Construction Co., Inc. owns the property at the south end of the vacated parcel, and is currently platting the southern area as a large lot to accommodate a religious institution; and WHEREAS, The vacated Gable Street parcel will be incorporated into the final plat for Mount Prospect Addition, Part VIII, and will serve as a private drive for the religious institution to the south; and WHEREAS, Frantz Construction has offered to purchase the vacated right-of-way for the sum total of $280.31, based on the raw, unimproved value of the land subject to the retained utility easements; and WHEREAS, the City does not need the portion of the right-of-way to provide public access to property in the area. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey its interest in a fifty-foot (50') wide, one-hundred and twenty-five foot (125') long parcel of right-of-way known as Gable Street located south of Lakeside Drive to Frantz Construction Company for the sum total of $280.31, subject to the City reserving and retaining all necessary utility easements. A public hearing on said proposal should be and is hereby set for April 8, 1997, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Resolution No. 97-83 Page 2 Passed and approved this ATTEST: /~~ CITY-CLERIC- 18th day of March ,1997. MAYOR Resolution No. 97-83 Page 3 It was moved by Thot'nbe~'ry and seconded by adopted, and upon roll call there were: Nor~:on the Resolution be · AYES: NAYS: ABSENT: X X X , X X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. RESOLUTION OF INTENT TO CONVEY A FIFTY-FOOT WIDE, ONE-HUNDRED TWENTY-FIVE FOOT LONG PARCEL OF VACATED GABLE STREET R :- LOCATED SOUTH OF RIVERSIDE DRIVE TO FRANTZ {UCTION CO. ;C., AND SETTING A PUBLIC HEARING AND RESO FOR ON APRIL 8, 1997 WHEREAS, On ch 18, 1997, the City Council will be cc adoption, an e vacating a fifty-foot (50') wide, (125') long parcel of ~t-of-way known as Gable Street Ioc g, for passage and and twenty-five foot south of Lakeside Drive; and WHEREAS, Frantz parcel, and is currently institution; and ,'tion Co., Inc. owns the prl ing the southern area a~ at the south end of the vacated large lot to accommodate a religious WHEREAS, The vacated Gable Prospect Addition, Part VIII, and south; and reet paroel serve WHEREAS, Frantz Construction has ot total of 9280.31, based on the utility easements; and be incorporated into the final plat for Mount private drive for the religious institution to the red to purchase the vacated right-of-way for the sum )roved value of the land subject to the retained WHEREAS, the City does not to property in the area. the of the right-of-way to provide public access CO NC,. o. ,ow ,ow . 1. The City Co~r~cil does hereby declare its 'mten~to convey its interest in a fifty-foot (50') wide,~ne-hundred and twenty-five foot (1 25~) long parcel of right-of-way known as Gable ,Street located south of Lakeside Dr'we to~Frantz Construction Company for the sum/total of 9280.31, subject to the City reserving and retaining all necessary utility/~sements. ~ 2. A pzu'blic hearing on said proposal should be and is her~y set for April 8, 1997, at 71,,00 p.m. in the Council Chambers of the Civic Center, 4~0 East Washington Street, Ic)~va City, Iowa, and that the City Clerk be and is hereby e~,,ected to cause notice of , ,//ublic hearing to be published as provided by law. ~_ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-84 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATION- AL BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 57 REGAL LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement, a Promissory Note, and a Mortgage, executed by the owners of 57 Regal Lane on March 29, 1995, recorded in Book 1932, Pages 105 through 116 in the Johnson County Recorder's Office covering the following described real estate: Lot 86 Lakeside Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. WHEREAS, the City's lien totals $6,775; and WHEREAS, First National Bank, Iowa City, Iowa proposes to refinance debt of the owners of 57 Regal Lane in the amount of $42,000.00 and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loans held by the City be subordinated to the lien of the proposed mortgage in order to induce First National Bank to make such a loan; and WHEREAS, First National Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to First National Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordina- tion agreement between the City of Iowa City and First National Bank, Iowa City, Iowa. Passed and approved this ].8th day of Ma~'ch , 1997. ATTEST: ClOT~ CLERK ppdrehab\57regal,res A roved ~ 'City Attorney's Office Resolution No 97-84 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, First National Bank of Iowa City , herein the Financial Institution. herein the City, and WHEREAS, the City is the owner and holder of a certain Rehabilitation MortMa~e Loan Note which at this time are in the amount of $6,775.00 and were executed by Fred t. fartin, Jr and ]~elen Martin (herein the Owner), dated March 29, 1995 -t9-___, recorded Jttlv 12 , 19_.9.3_, in Book 1932 , Page !05_ {'brough- 1...i. 6 , Johnson County Recorder's Office, covedng the following described real property: Lot 86, 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 $42,o00.0o on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the ~ortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. SUBORDINATION AGREEMENT Page 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. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the Mort§a§e of the City. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this '/y ;/~/ day of By CITY Of IOWa CITY Attest: Mayor FINANCI~,~ INSTITUTION FIRST NATIONAL BANK~ IOW~ GIl"f, IOWA City Clerk CITY'S ACKNOWLEDGEMENT roved City Attorney's Office STATE OF IOWA ) ) es: JOHNSON COUNTY ) On this / day of 7~:/~ Notary Public in and for 199~, before me, the undersigned, a the State of Iowa, personally appeared and Madan K. Kerr, 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 (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council · on the / <~ ~-~- day of -7~,-~/~ 19 ? q and that ~o~,.; ~-. /~o;c/,~ 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 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / ~/ day of undersigned, a Notary Public Duane Sv~artzend~uber and in and for the Lynn E Ror~at State the , A.D. 19 ~'"~ , before me, the of Iowa, personally appeared , to me personally known, who Vice President and being by me duly swom, did say that they are Vice Dresident , 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 Duane Swartzendruber and l~rnn F,. Rn.a~ as such officem acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by itand by them voluntarily executed~:~ ./~,~j ~-~,~ JEFFREY J. NIELSEN ~.,,~ 146232 My Commission Expires Nota~/P,~e'in ar~for the State of Iowa · ~o"~w ' February 11, 2000 Inw~utxdntn.agm Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 97-85 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has created the State of Iowa HOME program which utilizes U.S. Department of Housing and Urban Development funding to provide affordable housing for low income households in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support affordable housing efforts for low income households in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make HOME funding in the amount of $256,902 available to the City of Iowa City for the support of the Greater Iowa City Housing Fellowship affordable rental housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for State of Iowa HOME funding (96-HM-202), a copy of which is on file in the office of the City Clerk, is hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement for State of Iowa HOME funding. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 18th day of ~larch , 1997. ATTEST: 7./~.~_.~ ~. !~.~t~// CITY-CLERK jccoghs\resolutn\idedhome.res MAYOR ~,(,/y,Ap pro ved b~, City Attorney's Office ,t..: ~ ~ ~ ~. . , , .:, ,.~ HOME JOINT PRO~CT ADMINISTRATIVE AGREEMENT ~ ~ o Be~een Iowa Depa~ment of Economic DeYelopment &P~ CiW of Iowa CiW Greater Iowa Ci~ Housing Fellowship Divisio~ of C0mm~nity ~E~AS, the Ciw of Iowa Ciw ("CiW") and ~e State of Iowa, ~ough the Iowa Dep~ent of Economic Development ("Dep~ent"), deske to hnd the acquisition and rehabilitation of 12 affordable rental units in Iowa CiW ~ the Ciw of Iowa CiW ("Projecff) by ~e Greater Iowa Ci~ Hous~g Fellowship (Recipient"); and WHEREAS, it is the intention of the City and the Department to jointly fund this Project with HOME Investment Parmership Program ("HOME") funding; and WHEREAS, 24 CFK 92, which governs the use of HOME funds requires that in a jointly funded Project, the City shall be the designated recipient for State funds in order to avoid the duplication of administrative activities; and WHEREAS, the City is willing to act as administrator for the Project, whose duties shall include setting up the Project in the Cash and Management Information System ("C/MIS") in accordance with applicable Federal regulations. NOW, THEKEFOKE, in consideration of the mutual promises contained in the Agreement and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: The Department hereby designates the City as the recipient of State HOME funds for the affordable housing Project located in the City of Iowa City and as specifically described in the State's HOME Program Agreement with. the Recipient, attached hereto as "Attachment 1", and the City's HOME Program Agreement with the Recipient, attached hereto as "Attachment 2" which are each incorporated herein and by the reference made a part hereof. The parties agree that the Recipient shall execute Attachment 1 and Attachment 2, including the applicable mortgages and agreements .for covenants and restrictions, with the Department and the City and that .these :documents shall be construed as part of this HOME Joint Project Administrative Agreement.. It' is the intention of the parties that the City shall adminis. ter the HOME fun. ding for the Project and shall act as agent for the Department throughout the Construction phase of the Project. The City shall monitor and inspect the Proje. ct during the construction phase and shall be responsible for the disbursement of all HOME funds from whatever sources to the Recipient.. ' ' For the duration of the construction phase of the Project, the City will also provide the Department with copies of all funding disbursements, the Project Set-Up Report, the Project Completion Report, regular periodic performance/status reports and all other reports necessary to keep the Department fully informed of the progress on the Project. The City will promptly notify the Department of any problems, including any Event(s) of Default under the City's HOME Program Agreement, Attachment 2, with the Recipient, that arise during the construction phase and throughout the term of affordability. The Parties specifically agree that notwithstanding the Recipient's direct obligations to the Department pursuant to Attachment 1 and the Recipient's direct obligations to the City pursuant to Attachment 2, this activity is one Project administered by the City and that the City shall be solely responsible for all Project monitoring during the construction phase, until the Recipient has received a Certificate of HOME JOINT PROJECT ADMINISTRATIVE AGREEMENT IDED, City of Iowa City and Greater Iowa City Housing Fellowship Page Number 2 Occupancy from the City, and thereafter until the Federally required affordability period has expired. The Department's HOME funds will be designated in the C/MIS for the City, upon execution of this document and Attachment 1 and Attachment 2 by all applicable parties, and all administrative and fiscal requirements of the C/MIS will be the responsibility of the City. o The parties agree that: (1) The City's obligations hereunder do not include the enforcement of security instruments entered into between the State and Recipient, including, but not limited to, security agreements, financing statements, mortgages, and personal and/or corporate guarantees. All rights and obligations of the Department under the State's Master Contract with the Recipient with respect to default by the Recipient and the enforcement of security instruments shall remain with the Department; and (2) The Department's obligations hereunder do not include the enforcement of security instruments entered into between the City and Recipient, including, but not limited to, security agreements, f'mancing statements, mortgages, and personal and/or corporate guarantees. All rights and :obligations of the City under the City's HOME Program Agreement with the Recipient with respect to default by the Recipient and 'the enforcement of security instruments shall remain with the City. IN WITNESS WHEREOF, the Parties to this Agreement have affixed their signatures on the date specified below. Iowa Depj~ent of Economic Development By [,_..~ ~. ~N~ ~ David J. Lyons, Director [ · I Date City of Iowa City aaJ~r, Ci~c~f Iov~a City MaPch 26, 1997 Date Greater Iowa City Housi~wship By ('~~ ' Charles Eastham, President Date Resolution No, 97-85 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Nnrtnn AYES: NAYS: ABSENT: X X the Resolution be X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 31 9-356-5142 RESOLUTION NO. 97-86 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN PUBLIC IMPROVEMENTS FOR THE IDYLLWILD CONDOMINIUMS (BUILDINGS 11-14) AND FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE IDYLLWILD CONDOMINIUMS (BUILDINGS 1 1-18). 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, Water main improvements for Buildings 11-14 of the Idyllwild Condominiums as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Sanitary sewer improvements for Buildings 11-18 of the Idyllwild Condominiums as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 18th day of March , 1997. CIT~- CLERK It was moved by Thornbm'~'y adopted, and upon roll call there were: AYES: NAYS: pweng\idylwild, res X X X X MAYOR and seconded by Approved by City A~ ic~~z N~Y't~n the Resolution be ABSENT: X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY March 10, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Idyllwild Condominiums Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main public improvements for Buildings 11-14 of the Idyllwild Condominiums and the sanitary sewer public improvements for Buildings 11-18 of the Idyllwild Condominiums has 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 and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard'A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-5009 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-87 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXI- MATELY 140,5 ACRES LOCATED ON THE EAST SIDE OF SCOTT BOULE- VARD, NORTH OF HIGHWAY 6. WHEREAS, A.F. Streb (hereinafter "Owner") owns an approximate 1 40.5 acre parcel of land located on the east side of Scott Boulevard, north of Highway 6; and WHEREAS, Owner has requested annexation of the 140.5 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council. of Governments; and WHEREAS, pursuant to Iowa Code §368.5 (1995), due to the annexation of a portion of 420th street to its center line, the Johnson County Attorney has been served with notice of the public hearing and a copy of the proposal annexing such county right-of-way; WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Southwest corner of Section 19, Township 79 North, Range 5 West of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa; Thence N00 ° 03'29"W along the West line of the Southwest quarter of said Section 19, a distance of 254.86 feet to a point on the Northerly right-of-way line of U.S. Highway Six(6) and the Point of Beginning; Thence continuing NOO°03'29"W along said West line 404.57 feet, to a point on the Easterly right-of-way line of Scott Boulevard; Thence Northeasterly, 386.13 feet along said Easterly right-of-way line and a 1481.54 foot radius curve concave Northwesterly, whose 385.04 foot chord bears N07 ° 23'39"E; Thence NO0°O3'29"W, along said Easterly right-of-way line, 1605.27 feet to a point on the North line of said Southwest quarter; Thence NO0 ° 18'56"W, along said Easterly right-of-way line, 579.87 feet to the Northwest corner of Auditor's Parcel #95104, as recorded in Book 36, at page 63 in the Office of the Johnson County Recorder; Thence S62°09'30"E, along the Resolution No. Page 2 97 -87 Southerly right-of-way line of Heartland Rail Corporation, 3011.15 feet, to a point on the East line of said Southwest quarter; Thence S00 ° 00'45"E, along said East line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 81 3.00 feet to a point on the South line of said Southwest quarter; Thence S89 °38'37"W along said South line, 1590.89 feet to a point on the Northerly right-of-way line of said highway; Thence 175.60 feet Northwesterly along said Northerly right-of- way line and a 5830.00 foot radius curve, concave Southwest- erly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60 ° 50'5zF'W along said Northerly right-of-way line 337.19 feet to said Point of Beginning, containing 140.50 acres, and is subject to easements and restrictions of record. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1995) at Owner's expense. Further, the City Clerk is hereby authorized and directed to certify and file all necessary doouments for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 18th day of Harch , 1997. ATTEST: /~~ CITY CLERK MAYOR ppdadmi~\stmb.res Resolution No. Page .3 97-87 It was moved by Norton' and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef PAUL D. PATE SECRETARY OF STATE FEE HOOVER BUILDIN(; STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 June 3, 1997 Iowa City City Clerk 410 East Washington Iowa City, IA 52240-1826 RE: Resolution #97-87 approving voluntary annexation to the City of Iowa City Dear City Clerk: You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary annexation of territow to the City of Iowa City have been reviewed by this office and comply with requirements of Section 368.7, Code of Iowa. You may consider the annexation filed as of June 3, 1997. Sincerely, Paul D. Pate Secretary of State PP/db .'. 228.1 327 City of Iowa City MEMORANDUM Date: To: From: Re: March 13, 1997 Karin Franklin, Director, Scott-Six Industrial Park The items under consideration by the Council at this time are the annexation and rezoning of the approximate 140 acres owned by the Strebs. The plat will follow at the end of the rezoning process. Although there are many similarities between these requests and other annexation and zoning requests considered by the Council in the past, there is one important distinction. This project is for industrial development, not the residential development the Council sees more frequently. The lack of industrial land ready for development within the City limits has been cited frequently as a deficiency in Iowa City's economy. Consideration has been given to the acquisition and development of land by the City for a City-owned industrial park; however, the cost of such a project is formidable. We have recognized the difficulty an individual faces in investing in land and infrastructure for a development that may take decades to complete. Consequently, with this development a partnership is proposed between the City and the owneddevelopers of the property which will result in an economic asset to both. The primary benefit for Iowa City is the availability of approximately 100 acres of land for industrial development. Consideration of this project in its totality will involve judgment as to whether the investments made by the City are warranted to achieve the goal of creating industrial development opportunities. The City's potential role in this partnership follows two courses. One role is facilitating development of an industrial park, and the other is providing financial incentives to specific businesses who may locate in the park. Development of the Industrial Park The work that has been done with the Strebs to date has focused on creating the industrial park. Part of the City's role is in granting certain approvals: 1. Approval of annexation and consequent commitments to provide City services. 2. Approval of industrial and commercial zoning. 3. Agreeing to relocation of the stream corridor. 4. Approval of the storm water quality and management plan. 5. Deferral of the obligation for the installation of fire hydrants in the industrial area. 6. Assumption of ownership of the outlots containing the storm water management area. These items do not have quantifiable costs; however, they do have value. 2 The other role of the City is in making financial commitments to parts of this project. below with estimated costs. They are listed ? $ 28,700 Maintenance of Outlots A and B Future installation of sidewalks in the industrial area, at the City's discretion Construction of 420th Street Absorbing sewer and water tap-on fees · Sewer · Water 5. Review of storm water quality plan 3,500 1,200,000' 225,993 35,956 Total +$1,537,709 *An arterial street outside the subdivision and in the City's Capital Improvement Program beyond FY2003. If an urban renewal area is adopted and a tax increment financing ordinance adopted, some of the tax increment may be used to reimburse the City for these expenditures. The Strebs have also made concessions, which are not quantifiable, to facilitate development of the park. These are items which would not be at issue if the property were developed in the County or if a rezoning were not required. 1. Agreeing to annex the property and be subject to City requirements. Agreeing to a higher level of scrutiny, by the City, of commercial developments along Scott Boulevard and Highway 6. Agreeing to requirements for landscaping and screening along Scott Boulevard (there is a cost to this but it is not quantifiable at this point; the cost will be borne by the individual businesses). 4. Agreeing to limits on signage along Scott Boulevard. The financial commitment of the Strebs to the industrial portion of this project is significant, as noted below: 1. Acquisition of land $ 470,000 2. Installation of infrastructure (City's est.) 1,864,000 3. Design and construct storm water quality and management area ? 4. Easement for Scott Boulevard trunk sewer 39,600 Total +$2,373,600 Financial Assistance to Industry We have discussed previously the possibility of establishing an urban renewal district and adopting a tax increment financing (TIF) ordinance for the district. This would enable reimbursement to the City of capital expenditures for the park and provide a source of revenue to support grants, loans, or infrastructure improvements for businesses wishing to locate in the park. How the tax increment is spent, that is, whether it is allocated to reimbursement of the City for park improvements or used exclusively for incentives for future businesses, is at the discretion of the Council. This would be decided through the process of establishing the TIF district and adopting the ordinance. The details of the TIF district need not be decided prior to the annexation and rezoning. However, agreement with the concept would be useful so that the rather lengthy process of adoption (14 weeks) may begin. The City plays the dominant role in financial assistance to businesses. However, the owners do play a part through the sale of the improved land. We have discussed with the Strebs the concept of agreeing to a cap on the sale price of the land. This price would necessarily include land costs, infrastructure improvements, debt service, and profit. The goal is to achieve industrial land that is competitive in the market. Our discussions are ongoing and cannot be finalized until the developer's cost estimates are refined. Work Session on March 17 Much of the information in this memorandum applies to the total industrial park project and not specifically to the annexation and rezoning. We expect a signed conditional zoning agreement by the March 18 hearing; a revised version is included in your packet. You may proceed with the public hearing, resolution for annexation and first consideration of the rezoning as soon as the agreement is signed. It is important, however, that you understand all of the nuances of this project and that a majority of you agree with how we are proceeding so that we can continue with the plat and begin the TIF process. Issues which have been raised, which we will need to discuss and hopefully resolve on Monday, are the extent to which the Council expects to restrict uses normally allowed in industrial zoned areas, and what constitutes financial assistance to a business such that the financial assistance guidelines are applied. cc: City Manager AI & Mary Jo Streb Robert Downer David Schoon Scott Kugler jw/scott6-3.kf Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 97-88 RESOLUTION APPROVING PRELIMINARY AND FINAL PLATS OF MOUNT PROSPECT ADDITION, PART VIII, IOWA CITY, IOWA. WHEREAS, the owner, Frantz Construction Company, Inc., filed with the City Clerk the preliminary and final plats of Mount Prospect Addition, Part VIII, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Nor[hwest Quarter of Section 23, Township 79 North, Range 6 West, of the 5th P.M.; Thence S01 °39'10"E, 375.40 feet to the centerline of U.S. Highway No. 6, at centerline Sta. 222+12.6; Thence S01°20'10"E, 2951.40 feet, along the centerline of Sycamore Street, to a point on the extension of the South Line of Mount Prospect Addition, Part V, Iowa City, Iowa, in accordance with the plat recorded in Plat Book 32, at page 286, of the records of the Johnson County Recorder's Office; Thence N88°46'56"E, along said South Line, 636.97 feet, to the Point of Beginning. Thence continuing N88°46'56"E, along said South line, 550.80 feet, to the Southeast Corner of Lot 244, of said Mount Prospect Addition, Part V; Thence N01°13'04"W, along the East Line of said Lot 244 a distance of 105.00 feet; Thence Northwesterly 31.42 feet along said East line and a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears N46°13'04"W; Thence N88°46'56"E, 90.00 feet, to a point on the Northerly line of Lot 245, Mount Prospect. Addition, Part V Thence Southwesterly 10.47 feet along said Northerly Line and a 20.00 foot radius curve, concave Southeasterly, whose 10.35 foot chord bears S73°46'56"W; Thence S01°13'04"E, 122.32 feet along a line parallel to and 10.00 feet normally distant Easterly of the West Line of said Lot 245; Thence N88°46'56"E, 115.11 feet, along a line parallel to and 40.00 feet normally distant Southerly of the South Line of said Lot 245, to a Point on the West Line of Lakeside Addition, Iowa City, Iowa, in accordance with the Plat recorded in Plat Book 9, at page 99, of the records of the Johnson County Recorder's Office; Thence S01°15'26"E, along said West Line, 638.18 feet; Thence S88°00'28"W, 654.58 feet, to the Southeast Corner of Mount Prospect Addition Part VII, Iowa City, Iowa, in accordance with the Plat recorded in Plat Book 34, at page 117, of the records of the Johnson County Recorder's Office; Thence N01 o13,04,,W along the East Line of said Mount Prospect Addition, Part VII, 132.02 feet; Thence N88°46'56"E, along said East Line, 34.00 feet; Thence NOl°13'O4"W, along said East Line, 350.00 feet; Thence Resolution No. 97-88 Page 2 S88°46'56"W, along said East Line, 55.80 feet; Thence NO1 ° 13'04"W along said East Line 125.00 feet, to the Point of Beginning. Said tract of land contains 9.02 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plats and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plats and subdivision and recommended that said preliminary and final plats and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plats and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plats and subdivision located on the above-described real estate be and the same are hereby approved, subject to the approval of the vacation of Gable Street to provide required frontage along platted Lot 307. 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. 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 preliminary and final plats after passage and approval by law. The City Clerk shall record the legal documents and the plats at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 18th day of March , 1997. MAYOR ppdadmin\mtprospe,res Resolution No. 97-88 Page 3 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB96-0029 Preliminary and Final Plat Mount Prospect Addition Part VIII GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: John Yapp Date: January 16, 1997 Frantz Construction Co. 325 Third Street Iowa City, IA 52240 MMS Consultants, Inc. 1917 S. Gilbert Street Iowa City, IA 52240 Preliminary and Final Plat approval 14 lot residential subdivision East of Sycamore Street,~ south of Lakeside Drive 9.02 acres Agricultural, RS-5 North: Residential, RS-5; Grant Wood School, Public South: Agricultural, ID-RS East: Residential, RS-5 West: Residential, RS-5 2-8 dwelling units/acre December 26, 1996 February 9, 1997 February 24, 1997 Municipal water and sewer service are available to serve the property. The property is subject to a sanitary sewer tap-on fee and a water main extension fee. Public services: Police and fire protection and sanitation service will be provided by the City. Transportation: The property is accessible via Stanwyck Drive and Lakeside Drive. There are two nearby transit routes, Lakeside and Broadway Physical characteristics: The land is generally flat, with a drainage ditch running roughly north- south near the middle of the property. It is currently used for row crops. Sensitive Areas Ordinance: An area of hydric soils is located on the eastern part of the property. The Army Corps of Engineers has been contacted to evaluate the presence of wetlands on the property. BACKGROUND INFORMATION: Mount Prospect Addition Part VII, to the west of the proposed Mount Prospect Part VIII, was platted in 1993. The plat for Part VII included a concept plan for Part VIII which showed Gable Street extending through to the property to the south, and Stanwyck Drive extending east to connect with Gable Street. Since that time, a religious institution has become interested in the eastern half (Lot 307 - roughly 5.21 acres) of Mt. Prospect Addition Part VIII to construct a new facility. Concurrent with this subdivision application is a vacation application for Gable Street, so Lot 307 can front on Lakeside Drive. The applicant proposes to subdivide the property into 14 lots, with 13 of them ranging from roughly 8,000 square feet to 17, 365 square feet, and the fourteenth being 5.21 acres. The 13 single-family lots would all have access via Stanwyck Drive, while Lot 307, combined with the vacation of the Gable Street right-of-way, would have access via Lakeside Drive. The Board of Adjustment will consider an application for religious institution use of Lot 307 at an upcoming meeting. This subdivision has been reviewed for compliance with the City's codes and regulations. Although the South District Plan has not yet been adopted, the subdivision has been reviewed for compatibility with it. The proposed plats are generally consistent with the City's codes and regulations. Deficiencies are noted below. ANALYSIS: Subdivision Design; The proposed preliminary and final plats of Mt. Prospect Addition, Part VIII, would partially extend the modified grid street pattern established in previous Mt. Prospect subdivisions. Stanwyck Drive forms a rectangular block, and abuts the property to the south. The north-south portion of Stanwyck Drive may need a different street name so emergency and service delivery vehicles have an easier time locating residences. This will be resolved by the Public Works and Fire Department prior to Planning and Zoning Commission consideration. Lot 307, on the eastern half of the proposed subdivision, is a 5.21 acre lot the applicant plans to convey to a religious institution. An application for the vacation of Gable Street has been submitted concurrent with the subdivision application. The 50 foot ROW of Gable Street and an additional 10 feet of width from Lot 245 would become part of Lot 307, giving it 60 feet of frontage on Lakeside Drive. Lot 307 becomes a flag lot, which is normally discouraged, due to the difficulty providing some city services such as fire and police protection. A flag lot in this case may be acceptable due to the planned use as the site of a religious institution, for which Gable Street would become a private driveway. The Board of Adjustment will consider a special exception application for a religious use. Stormwater Management: At the time of approval of Mt. Prospect Additions Parts V, Vl, and VII, the City entered into an agreement with the developer to delay the construction of stormwater management facilities, while the City worked toward the development of a regional stormwater facility, which would serve this and other subdivisions in the area. The Department of Public Works has noted that the property to the south of Mount Prospect Addition Part VII has been collecting increasing amounts of stormwater run-off as the subdivisions to the north develop, increasing the need for stormwater management to be installed before more land is developed. The preliminary plat of Mr. Prospect Addition Part VII states that the area Part VIII is on will contain stormwater storage if it is required to be on-site, as opposed to being part of a regional facility. The preliminary plat and legal papers of Mr. Prospect Addition Part VIII will require language that approved stormwater management, whether on-site or in the form of a regional stormwater facility, will be required to be in place prior to construction taking place. Stormwater currently flows from the north into a drainage ditch on Lot 307. A note is attached to the preliminary plat that when Lot 307 is improved, a public storm sewer shall be constructed from the existing end of the storm sewer to the stormwater management facility. Again, the stormwater management facility may be the regional facility or an on- site facility. Because of the fully hydric soils located on Lot 297, the basement of any building on that lot must be equipped with a sump pump and adequate foundation tile with drainage into the city storm sewer intake, which is located at the northwest corner of Lot 297. Proper installation of the sump pump and foundation tile and proper connection of the drainage system to the city's intake shall be the sole responsibility of the developer and/or contractor. The property owner's registered engineer shall certify that the foundation tile and sump pump have been properly installed and connected to the city's storm sewer intake. Payments Required: A sanitary sewer tap-on fee will be required at an estimated rate of $1900/acre. A water main extension fee will be based on t~354/acre. A regional stormwater management facility fee will also be required. These fees shall be paid prior to issuance of a building permit for this subdivision. Environmental Features: The property is generally flat, with a drainage ditch taking water from the north to the south near the middle of the property. There is an area of fully hydric soils which the applicant has identified. The Army Corps of Engineers has been contacted to evaluate the presence of wetlands on the property. The wetland determination will need to be made prior to final plat approval by the City Council. Dedication of Public Open Space: The South Area District Plan, although not yet formally adopted, calls for the development of a trail system in the South District, part of which would run through this property to connect with Lakeside Drive and Grant Wood School. The trail would utilize the regional stormwater facility to the south of this property, and connect with Lakeside Drive via Lot 307. Staff recommends that a 20 foot wide tract be dedicated to the city for such a trail on Lot 307, and be counted as open space for the purposes of the open space ordinance. If Gable Street had extended to the south as shown in the concept plan for this subdivision, there would have been a pedestrian connection between the regional stormwater facility and Lakeside Drive. Because a site plan for Lot 307 has yet to be developed, it is not known where the most appropriate place for the trail is. The applicant requested that the 20 foot wide easement not be shown on the plat at this time until a development plan for Lot 307 is submitted. A note will need to be attached to the preliminary plat that when Lot 307 is improved, a 20 foot wide public access trail easement shall be dedicated to the City from Lakeside Drive to the south property line, as approved by the City of Iowa City. The legal papers for the final plat must also include this provision. According to the Neighborhood Open Space Ordinance, this plat has an open space need of roughly .2 acres. Fees equivalent to the value of .2 acres of land shall be paid prior to the issuance of a building permit for this subdivision, or land may be dedicated on Lot 307 for the trail. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plats of Mt. Prospect Addition, Part VIII be deferred, but that upon resolution of the deficiencies and discrepancies listed below, the plat be approved subject to 1) approval of the size and the calculations regarding the alternative stormwater management easement being approved by the Department of Public Works prior to Council approval of the preliminary and final plats, and 2) Council approval of the vacation and disposition of Gable Street. DEFICIENCIES AND DISCREPANCIES: 1) Note #3 on the preliminary plat needs to be revised to read, with changes in bold: When Lot 307 is improved a public storm sewer shall be constructed from the existing end of the storm sewer to the stormwater management facility. A stormwater and drainage easement shall be dedicated to the City of Iowa City at that time. When Lot 307 is improved a 20 foot wide public access trail easement shall be dedicated to the City from Lakeside Drive to the south property line, as approved by the City of Iowa City. 2) The name of the north-south portion of Stanwyck Drive may need to be changed. 3) On the preliminary plat, the 20' proposed trail easement should be labeled as an easement, not as a ROW easement. 4) In all references to the alternative stormwater basin. The word basin shall be changed to the word facility. 5) The note at the bottom of the preliminary plat shall read: Storm sewer to discharge to proposed drainage channel of the South Sycamore Regional Stormwater Project. See note 5. ATTACHMENTS: Location Map. Final Plat Mount Prospect Addition, Part VIII Preliminary Plat of Mount Prospect Addition, Part VII, with original concept plan for Part VIII Approved by: Robert Mi o, Senior Planner Department of Planning and Community Development LOCATION MAP $UB~5-00~'9 MOUNT PROSpI=CT ADDITION, PART VIII PROCTOR GAMBLE PARK - LOCATION ; % '~{ ,~ .......... ~ ........~ .... UNITED TECHNOLOGY AUTOMOTIVE SMITH r .S°oo / z L T ' 'I---T--- --k City of Iowa City E OF ANE)U Date: To: From: Re: February 6, 1997 Planning and Zoning Commission John Yapp, Associate Planner /~ ~/ Mount Prospect Addition, Part VIII Please refer to the staff report in the January 16, 1997 Planning and Zoning Commission packet for this item. Three pieces of additional information have been made available since the January 16 meeting: 1) The deficiencies and discrepancies identified in the January 16 staff report have been resolved. 2) Mike Ostlund, the property owner of Lot 245, has agreed to grant a 15' easement along his east property line for the planned trail connection. Although this is a smaller easement than previously requested by staff, the location along the east property line of Lot 245 and Lot 307 (the religious institution lot) will minimize potential conflicts between automobiles on the drive to the church (Gable Street), pedestrians and bicyclists using the trail connection, and the use of private property. The 15' wide easement will be adequate for the trail connection in this area. The easement will be 18' wide for the first 5' of length south from Lakeside Drive, allowing for a more formal entrance to be made. 3) The City Council will consider moving forward with the South Sycamore Regional Storm Water Project at their February 10, 1997 meeting. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 97-89 RESOLUTION APPROVING A REVISED FINAL SITE PLAN OF LOTS 3 AND 4, SADDLEBROOK ADDITION, PART '1, IOWA CITY, IOWA. WHEREAS, in accordance with Iowa City Code Article 14-4D, the owner, Lake Calvin Proper- ties, filed with the C~ity Clerk a revised final site plan of Saddlebrook, Lots 3 and 4, a Manufac- tured Housing Park, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, the revised site plan differs from the previously approved site plan by including all double-wide lots and less common open space; and WHEREAS, said site plan is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 3 and 4 Saddlebrook Addition, Part 1, Iowa City, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the revised final site plan, and recommended approval; and WHEREAS, said revised final site plan is found to conform with the design requirements set forth in Article 14-4D of the City Code, entitled "Manufactured Housing Parks", 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 revised final site plan located on the above described real estate be and the same is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon the approval by the City Attorney, to execute all legal documents relating to said site plan, and to certify a copy of this resolution, which shall be affixed to the final site plan after passage and approval by law. The City Clerk is also hereby directed to record the legal documents and the final site plan in the office of the County Recorder of Johnson County, Iowa, at the Owner's expense. Passed and approved this 18th day of Ha~'ch , 1997. Resolution No. 97-89 Page 2 2 Approved by City~tt rney~ It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\sdlebrfn.res City of Iowa City MEMORANDUM Date: March 13, 1997 To: City Council From: Robert Miklo, Senior Planner Re: Revised Final Site Plan of Lots 3 and 4, Saddlebrook Addition-Manufactured Housing Park The preliminary manufactured housing park site plan for Saddlebrook Lots 3 and 4 was approved by the City Council in August of 1995. The preliminary site plan included a total of 222 lots, 48 of which were to accommodate single housing units, and 174 were to accommodate double wide units. In July 1996 Council approved the final site plan which was in compliance with the approved preliminary site plan. The applicants are now proposing to revise the final site plan to allow all lots to contain double wide units. As a result, some of the common open space previously shown on the plan would be allocated towards manufactured housing lots. The common open space shown on both the previously approved plan and the proposed revision exceeds the minimum required by the City Code. The attached illustrations show the revised design and the change in the open space configuration. The other aspects of the park including the club house and landscaping are not proposed to change at this time. Even though the revised plan results in less common open space, staff believes that the revision is in substantial compliance with the approved preliminary plan. City Code does not require, that final manufactured housing site plans be reviewed by the Planning & Zoning Commission. Therefore, the revised site plan was not reviewed by the Commission. If the Council finds that the proposed revisions are substantial when compared to the approved preliminary site plan, a revised preliminary would be required and Planning and Zoning Commission review would then be necessary. Staff recommends the approval of the revised manufactured housing site plan for Lots 3 and 4 of Saddlebrook Addition. Attachments: 1) Previously approved site plan 2) Proposed revised site plan bc3-2RM z 8 I I tlUfl {lUlllogO tu~ot~p¥ 91o' Prepared by: Kevin Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5253 RESOLUTION NO. 97-90 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY98 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That we, hereby, authorize Stephen J. Arkins, Citv Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Program: 3.2845% of Formula Funds $72,621 in Special Project Funds From state-wide federal capital assistance for transit: $954,480 We understand acceptance of federal transit assistance involves an agreement ~o comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced quarterly as allowed by law, to improve transit system cash flow. /000 ::J Resolution No. 97-90 Page 2 Passed and approved this 18th day of March , 1997. MA(YOR, C:~ty tSf Iowa City 'Ma~r~ar~ K~rr, CITY CLERK jccogtp\sta\sta-res.io Approved_ by ~ City Attorney's Office Resolution No. 97-90 Page 3 It was moved by Kubb.y and seconded by adopted, and upon roll call there were: Vander'hoer the Resolution be AYES: NAYS: ABSENT: X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef · ...CCOG i" i" memo Date: March 11, 1997 To: From: Iowa City City Council Kevin L. Doyle, Assistant Transportation Planner Be: Iowa City Transit - Capital Projects Programmed for FY98 The following projects have been programmed by-Iowa City Transit for Federal Transit Administration [FTA] Section 5309 and/or 5307 funds in FY98. The projects will be included in the FY98 Iowa DOT Consolidated Transit Funding Application JCCOG is completing and in the FY98-2000 JCCOG Transportation Improvement Program. FY98 Federal Transit Administration - Program of Projects Project Description Purchase 3 - 35' low-floor, heavy-duty buses [expansion] Purchase on-board video system for passenger safety Replace 10 bus shelters ~ pads Purchase ramp-access low-floor mini-van [replacement] Purchase replacement sweeper/scrubber for transit facility Replace energy management system for transit facility Bus maintenance G bus overhaul [up to 20% of maint. costs] Tota~ Capital Federal Share $647,400 80,000 48,000 29,880 28,000 8,400 112,800 $954,480 The Iowa DOT Special Project funding request is for 50% funding for the proposed downtown shuttle service. This would cover the first year of operation. The 3 buses listed as the first project above would also be for the shuttle service. Give me a call at X5253 if you should have any questions about this information. \1transit\ict\98item.doc Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 354-5143 RESOLUTION NO. 97-91 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE '1997 ASPHALT RESURFAClNG PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 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. 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. 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 15th day of April, 1997. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 22nd day of April, 1997, or at such later time and place as may then be fixed. Passed and approved this 18th day of Ma~-ch , 19 97 MAYOR Approved by City Attorney s Office pweng\97asphaL res Resolution No. 97-91 Page 2 It was moved by Vanden'hoer and seconded by adopted, and upon roll call there were: Thornbe~'~'y the Resolution be AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Council Member Norton introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $5,200,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Kubby, Norton, Novick, Thornberry, Vandorhn~f NAYS: None ABSENT: Baker, Lehman. Whereupon, the Mayor declared the following Resolution duly adopted: Resol uti on No. 97-92 RESOLUTION DIRECTING SALE OF $5,200,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $5,200,000 CORPORATE PURPOSE GENERAL OBLIGATION BONDS: Bidder: Prudential Securities of Chicago the terms of said bid being: $ NIC 1,403,461.46 (%) NIR 4.7954 -4- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 18th day of March ,1997. ATTEST: Mayor PGOODRIC\80011\ 1\10714042 -5- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the City of Iowa City, Iowa (the "Issuer"), at 11:00 o'clock A.M. on the 18th day of March, 1997. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Council Chambers, Civic Center, 410 East Washington Street at a meeting of the City Council on the above date at 7:00 o'clock P.M. The Bonds: The bonds to be offered are the following: CORPORATE PURPOSE GENERAL OBLIGATION BONDS, in the amount of 85,200,000, to be dated April 1, 1997 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Evensen Dodge, Inc., 601 2rid Avenue South, Suite 5100, Minneapolis, MN 55402, Telephone: (612) 338~3535. Terms of Offerin.el: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Le.qal Opinion: Said Bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Hayhie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. Ri.qhts Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. City Clerk of the City of Iowa City, Iowa Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 97-93 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,200,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction and repairing of bridges, street and public walkway improvements; the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the municipal airport, essential corporate purposes; and it is deemed necessary and advisable that General Obligation Bonds in the amount of $5,465,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and heating upon the proposal to institute proceedings for the issuance of said $5,465,000 Bonds, and the Council is therefore now authorized to proceed with the issuance of $4,650,000 of the Bonds; and WHEREAS, the City is in need of funds to pay costs of the improvement and equipping of the library, including roof and carpet replacement and heating, ventilation and air-conditioning (HVAC) system, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $225,000 be issued for said purpose, a hearing having been held on $685,000 Bonds; and WHEREAS, the City is in need of funds to pay costs of the expansion of Fire Station #3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof, a general corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $325,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and -3- Io0' Council Member Naytan moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Thornberry seconded the motion. The roll was called and the vote was, AYES: VandprhoPf, Kuhhy, Norton, Novick~ Thnrnherry NAYS: Nonp Council Member Kubby moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AYES: Kubby, Norton, Novick, Thornberry, Vanderhoef NAYS: None Council Member Kubby introduced the following Resolution eutitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,200,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Norton seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Kubby, Norton, Novick, Thornberry, Vanderhoef ABSENT: Baker, Lehman NAYS: None -2- WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meetings and hearings upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth in the amount of $5,200,000; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on lthe records of such Participant or such person's subrogee; (b) "Bonds" shall :mean $5,200,000 General Obligation Bonds, authorized to be issued by this Resolution; (c) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; (d) "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. (e) "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; -4- (f) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (g) "Notice of Sale" shall mean the official Notice of Sale as published on ,1997; (h) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; (i) "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (j) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; (k) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; (1) "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds; (m) "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds; (n) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and (o) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. -5- Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: $805,386 1997/1998 $741,706 1998/1999 $718,081 1999/2000 $693,800 2000/2001 $669,519 2001/2002 $645,238 2002/2003 $620,956 2003/2004 $596,675 2004/2005 $547,000 2005/2006 $523,500 2006/2007 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1996, will be collected during the fiscal year commencing July 1, 1997). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for -6- that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1997 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1993 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $5,200,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated -7- "GENERAL OBLIGATION BOND", be dated April 1, 1997, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1997, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 4.500% $525,000 1998 4.500% 525,000 1999 4.625% 525,000 2000 4.625% 525,000 2001 4.625% 525,000 2002 4.625% 525,000 2003 4.625% 525,000 2004 4.700% 525,000 2005 4.700% 500,000 2006 4.700% 500,000 2007 (b) Redemption. Bonds maturing after June 1, 2005, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called -8- for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on -9- the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.6 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.6 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.6 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as -10- nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.7. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds: Appointment of Registrar; Transfer: Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations -11- permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for -12- redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. -13- Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -14- Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6) [ [ (6) (V) I I (8) (1) [ (2) I I (~) I I (4) [ [ (5) [ (9) I (9a) I (10) (Continued on the back of this Bond) (11)(12)(13) I i (14) [ I (15) I FIGURE 1 (Front) -15- (10) (Continued) (16) (17) FIGURE 2 (Back) -16- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: April 1, 1997 Item 5, figure 1= Cusip No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1--Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1997, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. -17- This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction and repairing of bridges, street and public walkway improvements; the construction, reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; the reconstruction, extension and improvement of the municipal airport; the improvement and equipping of the library, including roof and carpet replacement; heating, ventilation and air-conditioning (HVAC) system; the expansion of Fire Station #3, the renovation of the City's Animal Shelter and replacement of portions of the Civic Center roof, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2005, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required,. the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. -18- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 Item 12, figure 1 = Date of authentication: = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller -19- Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (manual signature) Mayor ATTEST: By: (manual signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. (manual/facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. -20- Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: -21- TEN COM - TEN ENT - JT TEN as tenants in common as tenants by the entireties as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ............ Custodian ............ (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining -22- provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and'the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. -23- Section 19. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVF. D this 18th day of March ,1997. Mayor ATTEST: City Clerk' PGOODRIC\80478\ 1 \ 10714042 -24- "GENERAL OBLIGATION BOND", be dated April 1, 1997, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1997, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and by the manual or facsimile signature of ~,~hfi~Clerk, and with the seal of the City and shall be fi)lly registered as to impressed or both principal premium, if any, check to the re denomination of $5,0( interest as follows: interest as provided in this Resolution; principal, interest and be payable at the office of the Paying Agent by mailing of a owner of the Bond. The Bonds Shall be in the or multiples thereof. The Bonds shall mature and bear Interest ~al .~ Maturity Rate / June 1st / $525. 1998 525,00( 1999 525,000 2000 525,000 2001 525 2002 525,( 0 2003 525 30 2004 000 2005 000 2006 00,000 ~7 (b) Redemption. .onds maturing after JuneN[, 2005, may be called for redemption by the and paid before maturity oneaid date or any date thereafter, from any s regardless of source, in. who~ or from time to time in part, in any order of:trity and within an annual matu~ty by lot. The terms of redemption shall be>ar, plus accrued interest to date of chq. Thirty notice of redemption shall be given by ordinary mail to the registered of the Bond. Failure to give such notice by mail to any registered owner of the or any defect therein shall not affect the validity of any proceedings the redemption of the Bonds. All bonds or portions thereof called -8- Section 2. Levy and Certification of Annual Tax: Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT ~EAR OF COLLECTION: $ 1997/~998 $ 1998/1999 1999//2000 $ 200~/2001 $ 2001/2002 $ 20{],2/2003 $ 2033/2004 $ 2( 04/2005 $ 2 ~05/2006 $ ~06/2007 (NOTE: For example the valuations of January 1, 1996, July 1, 1997). made and certified against the taxable ;ollected during the fiscal year commencing (b) Resolution to be Resolution should be filed said Auditor is hereby and assess the tax hereby as other taxes are levied and the years aforesaid be collected, and when interest on said Bonds whatsoever. With A certified copy of this the County of Johnson County, Iowa, and d in and for each o:years as provided, to levy in Section 2 of' Resolution, in like manner and such taxes .evied in and for each of ;d in like manner as other ~s of the City are be used for the purpose ofp~ principal and [ in anticipation of said tax, andno other purpose (c) Additional any time when the proce{ same shall be promptly Available. Principal and interest coming due at of said tax on hand shall be insufficient to pay the when due from current funds of the City available for -6- REPORT OF BIDS CITY OF IOWA CITY JOHNSON COUNTY, IOWA $5,200,000 General Obligation Bonds March 18, 1997 TO: FROM: SUBJECT: City of Iowa City Board Members David Dirks ]EVENSEN DODGE, INC. $5,200,000 General Obligation Bonds Today, Tuesday, March 18, 1997, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax-exempt market. BIDDER ADDRESS $ NIC (%)NIR Prudential Chicago 1,403,461.46 4.7954 Dain Bosworth Chicago 1,422,166.57 4.8593 Paine Webber Chicago 1,423,796.58 4.8649 Harris Trust Chicago 1,424,100.42 4.8650 Hutchinson Chicago 1,426,746.75 4.8749 Piper Jaffray Minneapolis 1,430,819.75 4.8889 WE RECOMMEND AWARD TO: Prudential Securities of Chicaqo Thank you for the opportunity to be of service to the City. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 'l luooaOd ~uoaaad DEFEATED Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. RESOLUTION ESTABLISHING ADMINISTRATIVE POLICY FOR PAYROLL DEDUCTIONS BY CHARITABLE ORGANIZATIONS WHEREAS, the City wishes to establish an administrative policy which is objective, reasonable, and neutral to govern payroll deductions by all charitable organizations in order to conform with federal constitutional law concerning the First Amendment; and WHEREAS, the purpose of establishing restrictions on charitable payroll deductions is for administrative efficiency and to minimize disruption in the work place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to adopt an objective policy that applies to all charitable organizations, so as to create an even playing field for soliciting employee payroll deductions. The City Council hereby finds the attached Administrative Policy for Charitable Payroll Deductions to be in conformance with federal constitutional guidelines, is appropriate for adoption by this City Council, and is hereby approved and adopted as to both form and content. Passed and approved this day of , 1997. MAYOR ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X dennis.mit/iowa-shs/charitab.res City Attorney's Office the Resolution be ABSENT: X Baker Kubb¥ X Lehman Norton Novick Thornberry Vanderhoef Administrative Policy For Charitable Payroll Deductions o~a/'..C Adopted by the City Council for the City of I ity ? In order to ease administrative manageability and reduce ~o'~ place disruption, the organizations which meet the requirements set out below ,~ upon request to the City Manager, be pe~'~ted to solicit City employees to contdbL~te~charitable contributions to their / organization through O.~,y payroll deductions: ,," % " /' , / 1. The charitable orga~t,~ation is tax exer~,~t under Section 501(c)(3) of the Internal Revenue Code. and co~,t~butions to the/organization are deductible under Section 170 of the Internal Revenue '~d"'aC~"i '""i'encies or organizations to which the charitable 2. The charitable' organization,/o"~'\t~e organization provides fun?¢ provi;l~,, all or substantially all of the organization's health 3. ~ho:~irlii~vbll ~i:a~'i:iti n is housed or' as administrative offices located in Johnson The administ~rative and fundraising exp he charitable organization do not exceed twenty percent (20%), and the charitable o'~anization makes public disclosure of the percentage of funds used on administrative an'~raising costs; and 5. The payroll deduction does not impose an undue admih.'t~ative burden on City employees. and does, not create more than a minimal disruption 'bf- the work place. revised 3/18/97 Administrative Policy For Charitable Payroll Deductions Adopted by the City Council for the City of Iowa City In order to ease administrative manageability and reduci9 work place disruption, the organizations which meet the requirements set out below will, upon request to the City Manager, be permitted to solicit City employees to contribute charitable contributions to their organization through City payroll deductions: The charitable organization is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and contributions to the organization are deductible under Section 170 of the Internal Revenue Code; and The charitable organization or the agencies or organizations to which the charitable organization provides funds provide all or substantially all of the organization's services to individuals and/or families in Johnson County, Iowa; and The charitable organization is housed or has administrative offices located in Johnson County, Iowa; and The administrative and fundraising expenses of the charitable organization do not exceed twenty percent (20%), and the charitable organization makes public disclosure of the percentage of funds used on administrative and fundraising costs; and The payroll deduction does not impose an undue administrative burden on City employees, and does not create more than a minimal disruption of the work place. Employees may change their options on a yearly basis. dennis.mit\iowa-shs\policy Prepared by: David Schoon, Economic Development Coordinator, 410 E0 Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. 97-94 RESOLUTION APPROVING THE DESIGN OF AN AWNING AT 1 16 EAST COLLEGE STREET. WHEREAS, the applicant, Dave Long Protective Products, has filed an application for design review approval of an awning at 1 16 East College Street, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the Project consists of exterior alterations which project into City Plaza, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: The design of the awning at 1 16 East College Street, Iowa City, Iowa, be approved. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Passed and approved this :[8th day of rvlarch ,1997. CITY CLERK ecodev\dlongprd,res Approved by C it(~~A~torney,s' Office Resolution No. Page 2 97-94 It was moved by Kubb~ and seconded by adopted, and upon roll calltherewere: Tho~'nber~'y the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of iowa City MEMORANDUM Date: March 18, 1997 To: City Council From: Clara Swan, Vice Chair ~---/~ Design Review Committee Re: Design Review Approval of the Proposed Butterfly Garden on City Plaza and Design Review Approval of an Awning at 116 E. College Street (College Street News) At its March 17, 1997 meeting, the Design Review Committee recommended, by a vote of 6-0, approval of the design of the temporary Butterfly Garden structure, as submitted, subject to Design Review Committee review and approval of exterior signs and banners. As always, the Committee encouraged the applicant to use a professional in designing the signs and banners. The Committee also noted that adding color to the structure through the use colorful signs would be a welcomed addition to the structure. The applicant's plans to use Emily Vermillion's butterfly artwork is a great place to begin. In addition to the design of the structure, the Committee would also like to express its support of the Butterfly Garden and its function of being an attraction that will bring individuals and families to downtown. The Committee encourages activities that make downtown a fun and exciting place to be, and we believe the butterfly garden will do that Also at its March 17, 1997 meeting, the Design Review Committee recommended, by a vote of 6-0, approval of the design of the proposed awning at 116 E. College Street. The Committee had little discussion regarding this item. Committee members expressed that the proposed awning materials would be a nice replacement of the existing materials. cc: Design Review Committee cc:ccrecom.doc City of Iowa City MEMORANDUM Date: March 13, 1997 To: Design Review Committee o~ ,~ From: David Schoon, Economic Development Coordinat Re: Awning Proposal at 116 E. College Street (College Street News) Dave Long Protective Products has submitted an application for approval of the design of the proposed awning at 116 E. College Street (College Street News). Attached are sketches illustrating the proposed awning, an example of the font type, and photographs showing existing conditions. At the meeting, material and color samples will be shared with the Committee. While the existing awning is being replaced at College Street News, the existing awning is also being replaced at Daydreams. As the photographs illustrate, these two businesses are located in the same building. The Committee is reviewing the College Street News awning, because this awning requires a sign permit. A sign permit is required, because College Street News does not have its name on the existing awning and will be adding its name to the new awning. Daydreams does not require a sign permit, because Daydreams already has its name on the existing awning. The replacement of the Daydreams awning is considered ordinary maintenance, while the addition of the College Street News name to the new awning makes the awning a new sign. Both the Daydreams awning and the College Street News awning will be the same color, gray, but will have different trim and letter colors. College Streets News will be using forest green, while Daydreams will be using cardinal red. The Committee is to submit a recommendation to the City Council for either approval, approval with conditions, or disapproval. At the applicant's request, this item has been placed on the Council's March 18, 1997, agenda. The applicant asks that the Committee make a recommendation at its March 17. If the Committee does not make a recommendation at its March 17 meeting, the Council would need to defer consideration of this item from its March 18 meeting to its next meeting, which would be April 7. The Committee would then need to meet in the meantime to form its recommendation. f:\drc\firstqu\college.doc MAR-12--9? WE~ 18:26 AM ~285+SM4+O8528485e?O~822 1+319+338+3176 P.O2 DESIGN REVIEW APPLICATION 1. .. Preliminary Review Final Review {Check one) Name o! Applieant:.~j~k,'l.~ ~j,,/~' ~/..t'~._C_t./{)t; /~'O~g¢~one number: City:. ~¢~R.., ,.(.t4,~ ........... Name o[ Properly Owner: ~.~ ~.~~A 0 state: ."~C~.,...~zip:. ~'..~E ~, Phone number:_~ ~. 7...-..¢. 4- / ~_ ......... Phnne number: ProJecl Time Schedule: Ten copies el all drawings and writtea materials must be submilled along with this application, The lollowing requiremeats rilus! be submilled unless It~e Design Review Committee staff person has waived submission ot any ot the requlremenls (Cl~eok all thai have been submitled with application): .. Site analysis & site plan Landscaping plan Building elevations .... ~ Sectional drawings ~ Drawings o! proposed signs(~) ..... Additional informalion (as provided by the app!le~nl): LJghtlhg plan Please relemnce Title 14, Chapter 4E, of the CIly Code for details regarding ~ac.h suhmlltal requirement. All submittal req[~iremenls should follow acespied oonYen!lons of drawing namely all (!rawin§~, ~hmJId be ~le~rly labeled, sCales shown~ north arrow or~ plans, clear and readable lit~ewoTk, and should be as clear as I~osslble, Please refer questions ~o Design Review Coremlites staff ~$sistant, 356-5236. Prepared by: David Schoon, Economi Development Coordinator, 410 E. Washington St., iowa City, IA 52240; 319-356-5236 RESOLUTION NO. RESOLUTION ,OVING THE DESIGN OF A PROPOSI ERFLY GARDEN ON CITY PLAZA ENCLOSED WHEREAS, the applicant, Iowa approval of a proposed enclosed Science Center has filed garden on City Plaza application for design review WHEREAS, given that the Project is a porary structure from May 15 to October 10, 1997, Title Chapter 4, Code requires the Design Review ~e to review Council regarding the design of the Project; located on a portion of City Plaza, E, entitled "Design Review," of City make a recommendation to the City WHEREAS, the design review application for of Planning and Community Development, has after due deliberation the Committee has approved as submitted; and a copy of which is on file in the Department by the Design Review Committee, and nded the design of the Project be accepted and WHEREAS, the design of the Project is foun~ the Design Review Ordinance. rm with all of the applicable requirements of NOW, THEREFORE, BE IT RESOLVED THAT: CITY CIL OF THE CITY OF IOWA CITY, IOWA, The design of the proposed e a portion of City Plaza, butterfly garden. temporary structure to be located on Iowa, be approved. The Mayor and City Clef to certify this resolutio~ the City of Iowa City, ~re hereby authorized and directed Upon this approval, all applicable y permits may be issued for the ordinances. upon full compliance with Passed and approved day of ,1 ATTEST: CI .T.'~' CLERK ecodev\butterfl.res MAYOR Approved by Ci~ney's' Office ~_ ,,~ _ ~ ~ Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. 97-95 RESOLUTION APPROVING THE DESIGN OF A PROPOSED ENCLOSED BUTTERFLY GARDEN ON CITY PLAZA. WHEREAS, the applicant, Iowa City Science Center has filed an application for design review approval of a proposed enclosed butterfly garden on City Plaza; and WHEREAS, given that the Project is a temporary structure to be located on a portion of City Plaza, from May 1 5 to October 10, 1997, Title 14., Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved as submitted subject to Design Review Committee review and approval of exterior signs and banners; and WHEREAS, the design of the Project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the proposed enclosed butterfly garden, a temporary structure to be located on a portion of City Plaza, Iowa City, Iowa, be approved subject to Design Review Committee review and approval of exterior signs and banners. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Passed and approved this :[8th day of March , 1 997. CITY C£ERK ecodev\butterfl.res Approved by (~it~/Attorney's Office 1o10 Resolution No. 97-95 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: the Resolution be X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef IOWA CITY AREA SCIENCE CENTER, INC. 504 E. Bloomington Street Iowa City, Iowa 52245 PHONE: 319-337-2007 FAX: 319-337-7082 HAND DELIVERED February 28, 1997 Mayor Naomi Novick Iowa City City Council City Hall Iowa City, Iowa 52240 Re: Summer Butterfly Garden / Downtown Iowa City Dear Madam Mayor: I am writing on behalf of the Board of Directors of the Iowa City Area Science Center, Inc., to request permission to locate a temporary enclosed butterfly garden in the parking lot directly south of the Iowa City Public Library, for the period of May through September, 1997. The structure will be 30' x 80' and will consist of a metal frame covered by a canvas shading material. Inside the structure we will have many hundreds of colorful native plants feeding several hundred North American butterflies. Both the butterfly and plant species will evolve in the course of the exhibit's life. Copies of photographs of similar structures used at other venues are enclosed with this letter for your information and review. The purpose of the project is to provide an educational setting for the study of butterflies and their natural habitats. We expect to offer courses throughout the exhibition, to people of all ages, on topics ranging from establishing backyard butterfly gardens, to studying migration patterns of butterflies, to tagging and releasing butterflies. We expect that the exhibit will be a popular spot for all kinds of gatherings, including occasional private parties and receptions. To present this educational opportunity we are working closely with a Minneapolis-based corporation, humorously named Spineless Wonders, which has a proven history of successful similar projects, primarily located at zoos and science centers. Last summer, for example, the company constructed an identical structure to the one we are proposing and enjoyed more than 10,000 visitors per day. Although, clearly, we do not intend to match that daily attendance IOWA CITY AREA SCIENCE CENTER, INC. February 28, 1997 Page 2 record, we do believe that this project will prove 'to be a very important fooal point for visitors to the downtown area. We anticipate 'that voluntary contributions of time and material from a wide range of people will allow us 'to reduce the out-of-pocket costs normally associated with this type of project. However, we will still be faced with significant capital and operational expenses. To re-coup our expenses we must necessarily charge an adlaission fee to patrons. Yesterday, a representative from Spineless Wonders, Mr. Kraig Anderson, met with us in Iowa City and reviewed a number of locations in the downtown area, including the parking lot south of the public library. We discussed 'the project on-site with Mr. Joe Fowler, on behalf of the City of Iowa City, as well as members of 'the downtown business community. It is our firm belief that there is strong and broadly-based enthusiasm for this proposal. Mr. Fowler has determined that, if the City Council approves our proposal, there are 2 or 3 potential viable si'tes on the parking lot. It would be our preference 'to be located in 'the northeasterly corner of the lot, but we are certainly willing 'to be flexible on this issue. It would appear that the project would require a space equivalent to approximately 8 existing parking spots on that lot. While we are cognizant that allowing us 'to use that spaoe may create a temporary inconvenience for a small number of people who park there, we also believe that the entire community will benefit from the accessibility that the location confers. It is our view that this butterfly garden will prove 'to be a very positive community-building experience for all--an experience unlike any comparable one in our community, state or region. If we are to proceed, we need at once to obtain approvals froin the appropriate federal and state agencies that monitor these types of projects. We therefore respectfully ask for your immediate consideration and approval of this proposal. Thank you in advance for your anticipated prompt action on this request. rd of Directors 8.3/05,'"~997 09:52 612,'781'2368 SPINELESS UONF..,ERS PAGE 83 ,,,,t ,.-%. _Preliminary P!an.~_.S. pecies List fo~ the Iowa Perem~ials Yarrow Butterfly Weed IMilkweed) Astor/Daisy Butterfly Bush Coreopsis Purple Cone Flower Globe Thistle Joe Pie Weed Chinese Chives Li~tris Lavender Bee Balm Scabiosa Showy Stone Crop Black-eyed Susan Flowering Tobacco Zinnia Sunflower Shrubs Honeysuckle Common Lilac Amur Maple Waxleaf Privet Sugar Maple River Birch Weeping Willow Flowering Apple Little Blue Stem Blue Fescue Ribbon Grass Plume Grass Blue Passionflower City of Iowa City MEMORANDUM Date: March 13, 1997 To: Design Review Committee From: David Schoon, Economic Development CoordinatSF_~ Re: Proposed Enclosed Butterfly Garden on City Plaza The Iowa City Science Center has submitted an application for approval of the design of a proposed enclosed butterfly garden, a temporary structure located on a portion of City Plaza from approximately May 15 to October 10, 1997. Given that this project would be located on a portion of City Plaza, the Design Review Ordinance and City Plaza ordinance requires that the Design Review Committee review and make a recommendation to the City Council regarding the design of the project. The City Plaza ordinance contains general design guidelines regarding permanent, temporary, or seasonal structures in Zone 1 of the Plaza (the ten foot wide strip directly abutting private property lines). A copy of those guidelines are attached. Attached to this memo is a copy of the materials submitted with the application. It includes a memo describing the project, a description of the structure, a sketch of the interior layout, and photographs of similar enclosed butterfly gardens from other parts of the country. As the enclosed letter from Jim Larew indi~Jates, the Iowa City Science Center plans to place a few signs or banners on structure to identify the exhibit. Details for those signs/banners are still being worked out. The Committee is to submit a recommendation to the City Council for either approval, approval with conditions, or disapproval. At the applicant's request, this item has been placed on the Council's March 18, 1997, agenda. The applicant asks that the Committee make a recommendation at its March 17 meeting. If the Committee does not make a recommendation at its March 17 meeting, the Council would need to defer consideration of this item from its March 18 meeting to its next meeting, which would be April 7. The Committee would then need to meet in the meantime to form its recommendation. f:\drc\firstqu\buterfly.doc Permanent, Temporaw, or Seasonal Structures in Zone 1 of the Plaza (the ten foot wide strip directly abutting private property lines) should meet the following conditions: 1. Building Design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings. (2) Relationship to the brick and wood theme of City Plaza. (3) Materials shall be of durable quality. e. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another. f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. Signs: a, ecodev\zonel .str All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. Every sign shall express, in scale and in proportion, an appropriate visual relationship to buildings and surroundings. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting - is used, it shall be arranged so that the light source is shielded from view. IOWA CITY AREA SCIENCE CENTER, INC. 504 E. Bloomington Street Iowa City, Iowa 52245 PHONE: 319-337-2007 FAX: 319-337-7082 TO: DESIGN REVIEW COMMITTEE FROM: JIM LAREW, PRESIDENT, ICASC RE: BUTTERFLY GARDEN March 6, 1997 Thank you for the opportunity to submit our proposed temporary butterfly garden structure to be located on Iowa City Lot 64-1a, the parking lot immediately south of the Iowa City Public Library and east of the Holiday Inn. Titled, "Butterflies!" this exhibit, as far as we know, will be unique in the North Central states region this summer. Of course, there are many outdoor butterfly gardens in our community and elsewhere, but virtually no enclosed butterfly structures in this part of the country. A person may go to an unenclosed butterfly garden and see many--or no--butterflies at a given point in time. With our structure, however, butterflies--in every stage of their development--will be visible and active in large numbers for every visitor to enjoy. We expect to have thousands of people of all ages to visit the structure throughout the show period. The plant foliage and the species of butterflies will change throughout the season to allow interested persons to return many times during the exhibit's life. It will be heavily advertised and should become an attraction in its own right--in addition to the many fine activities already planned for the downtown Iowa City area this summer. Our consultant for this project, a Minnesota corporation called Spineless Wonders, has a demonstrated successful history with these kinds of projects, which are normally on the grounds of large science and technology centers or zoos. This project consists of a steel-framed pre-fabricated structure, sized 30 feet by 80 feet, covered by a shading canvass material. The structure's pieces will be delivered in mid-May; local volunteers will put the structure together, create the flower beds, and serve as explainers and docents throughout the showing period. The steel frame consists of posts placed on 4 foot centers. The peak height is 12 feet, at the center rib extending from one end to the other. Wood frame doors will be at each end; the front end will be used for entry and exit, the back door will serve as an emergency exit only. The interior walking path will be a "winding horse shoe" shape; as persons reach the end of the 80 foot length, they will turn and come back to the entrance. Foliage will be located on the inside perimeter of the structure and a large middle "island" will also be planted. On the outside, we plan to have colorful plantings on the structure's curtilage. As the exhibit will be viewed mostly during daylight hours--when butterflies are active--our only lighting will be a strand of low- voltage lights along the interior foot paths for pedestrian safety, for aesthetics (late evening receptions and gatherings are a very likely use of the space) and for discouraging vandalism. ICASC will have a paid staff person on duty at all times the facility is open. Admission will be charged to pay for the project whose budget we estimate to be approximately $70,000.00. The facility will be open from 9:00 a.m. to 9:00 p.m., every day of the week. We will work closely with any and all community groups who will be using the pedestrian mall area during those months. At the close of the season, we intend to initiate a butterfly banding and release program. Assuming public support for the project's first year, we plan to repeat it--at this or any other reasonable location--in future years, using the same structure. The schedule for this exhibit is as follows: May 15-22 set-up; May 23 (Labor Day observed) Grand Opening; September 30 closing; September 30-October 10 tear-down and storage. In preparing our proposal we have discussed matters with the Parks and Recreation and Parking Departments. We propose, and the Parking Department recommends, that the structure be located on the northerly edge of Lot 64-1a, along the Pedestrian Mall, at a point between the Holiday Inn and Linn Street. The exact location will be determined by Mr. Joe Fowler, Director of Parking for the City of Iowa City, after his consultation with affected businesses and entities including, but not limited to: the City Manager, the Iowa City Public Library; Arts Fest personnel; the Holiday Inn; the Iowa City Fire Department; and the Iowa City Parks and Recreation Department. It is anticipated that the structure may require as many as eight (8) parking spaces. Enclosed with this memorandum are the following documents and things: 1) Letter to Mayor Naomi Novick; 2) A drawing of the structure's steel frame components; 3) A bird's eye view of our proposed layout, along with front and lateral-view drawings of the structure; 4) A listing of the proposed plant materials to be used. I have also delivered to the Design Review Committee's staff a set of original photographs of comparable structures and blow-ups of the same to assist you in conceptualizing the project. We envision a few simple signs and/or banners. At the very least, the signs will announce the exhibits name: "Butterflies!" We would also like to acknowledge the support of the City of Iowa City and other major supporters with a single sign. We have not yet designed the signs and would be pleased to work with others-- including the Arts Fest personnel--to make certain our signs are compatible with their plans. In the alternative, we can make our signs in complete contrast with the Arts Fest signs, if they would prefer. I expect to make final sign design decisions (and have our proposal ready for your Committee) in ten days' time or less. Thank you for this opportunity to have our project reviewed by your Committee on admittedly short notice. cc: Mr. Steve Arkins Mr. Joe Fowler Ms. Susan Craig C: wp51 \icasc~corr~JL*. DESIGN REVIEW APPLICATION 1. 2. 3. Preliminary Review Final Review (Check one) Address of Project: ~o ~t~~ /~¢ ~- ~-04 --- I ~ Name of Applicant: ~ ~ ~ ~ Phone number: Address: ~ ~ ,~! ~', ~;~'/'~O~tt~t~l,.~~ City: '"~.-~,v'.8-- (...c~.~, State: Name of Property Owner: ~.1/-~, ~ ~Lr'o~4- ~,tf.~ Phone number: Address: City: Contact Person: State: Zip: Phone number: 023 Project Description: Project Time Schedule: Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): ~ Site analysis & site plan ¢ Landscaping plan Building elevations Sectional drawings ]~" Drawings of proposed signs(l) ~ Lighting plan Additional information (as provided 6y the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 35(3-523(3. (1) If project includes signs, applicant must also submit a sign application. Signature of Applicant: ~~-.~~~ ~ ~~ Date: FORAGENCY USE'. ONLY Design Review Committee Action: . ,, Recommend approval , ~ Recommend approval with'cbndi[i:0n~?:' City Council Action: , ,, Approval Denial ecodev\drcapp CITY AMNAGBI'S OFFIC~ Richard F Houston 1429 Franklin St. Iowa City, iowa 52240 ,~1OWA CITY [] CEDAR RAPIDS [] CORAL¥1LLE March 3, 1997 / ~ Mayor Namoi Novick Civic Center Iowa City, IA 52240 Dear Namoi: UAR 1 ;, 1997 CITY MANAGEit'S OFFICE RE: SCIENCE CENTER BUTTERFLY DISPLAY Following a meeting with the Arts Fest, Library, Parking people and Jim Larew of the Science Center, I am very pleased with the location of the Butterfly display in the parking lot across from the existing library. Following the meeting Bill Dollman, Joe Fowler and I discussed where we could relocate the parking meters which would be removed for the Butterfly display. This would be very attractive and active "destination" for Downtown Iowa City and I am pleased to support it. John A. Gross President JAG/sak CC: Jim Larew Science Center Terry Trueblood Iowa City Parking & Recreation Commission Suzanne Gurnett Streitz Downtown Association Plaza Centre One P.O. Box 1846 Iowa City, Iowa 52244 319-354-5950 Toll-Free 800-7794)093 FAX 319-354-8973 David Schoon Iowa City Planning 711 Center Point Road NE Cedar Rapids, Iowa 52402 319-364-7010 Toll-Free 800-779-0094 FAX 319-364-7133 1703 Second Street Coralville, Iowa 52241 319-338-6274 FAX 319-338-7788 From: To: The Monday Forum Naomi Novack , Mayor Larry Baker Karen Kubby Ernie Lehman Dee Norton Dean Thornberry Dee Vanderhoef Letter copy to: 1 1 997 CITY MANAGER'S OFFICE Steve Atkins, City Manager Joe Fowler, Parking Marion Karr, City Clerk James Larew~ Iowa City Science Center March 11, 1997 Dear Councilperson: The Monday Forum unanimously supports the butterfly garden proposed by the Iowa City Science Center. The garden would provide a downtown destination point for local citizens and visitors alike. This is precisely the type of activity we should all encourage to enhance the appeal of our downtown. Sincerely, The Monday Forum Nancy Burhans, Gringo's Val Chittick~ Domby Jim Clayton, Soap Opera Tara Cronbaugh, The Java House Victoria Gilpin, Preferred Stock Mark Ginsberg, M. C. Ginsberg Jewelers John Murphy, Bremers Mark Weaver, Active Endeavors