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Home My WebLink About2004-01-20 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-9 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Sheraton Iowa City -- 210 S. Dubuque Street Passed and approved this ?~)th dayof January ,20 04 It was moved by Champion and seconded by 0'Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Steven J. Rackis, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. 04-10 RESOLUTION SE'rrlNG A PUBLIC HEARING FOR MARCH 16, 2004 ON THE IOWA CITY HOUSING AUTHORITY UPDATED ANNUAL PLAN AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and WHEREAS, the Annual Plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: 1. A public hearing on the above mentioned Annual Plan is to be held on the 16th day of Mamh, 2004, at 7:00 PM in the Emma Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. 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, in accordance with applicable laws. Passed and approved this 20th dayof ,,lamA~ry ,20 04 . Appr~ ATTEST:'-~~2 '~.-~,~ ~ t-'O '0*'6 CI'i'~ERK City Attorney's Office It was moved by Champion and seconded by 0'Donne]'J the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion }{ Elliott X Lehman X O'Donnell × Vanderhoef X Wilburn hisasstVes~an n u alplan2004 Prepared by: Liz Osborne, PCD, 410 E, Washington, Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-11 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1410 SOUTH FIRST AVENUE, IOWA CITY, IOWA, WHEREAS, the City of Iowa City is the owner and holder of an Agreement in the total amount of $34,500, executed by the owner of the property on August 15, 2000, and recorded on May 1, 2003, in Book 3534, Page 802 through Page 823 in the Johnson County Recorder's Office covering the following described real estate: See Exhibit A WHEREAS, Iowa State Bank and Trust Company is financing a loan in the amount of $1,500,000.00 to the owner of 1410 South First Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Agreement held by the City be subordinated to the loan of Iowa State Bank and Trust Company secured by the proposed mortgage in order to induce Iowa State Bank and Trust Company to make such a loan; and WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank and Trust Company; and WHEREAS, there is sufficient value in the above~described real estate to secure said lien as a second, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Company, Iowa City, Iowa. Passed and approved this 20th day of ,January ,20 04 Approved by ClTY"(.,'tLERK City Attorney's Office ppdrehab/res/141 OS 1 st-re[.doc Resolution No. 04-11 Page 2 It was moved by £hampion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum Exhibit A Legal Descript on,of Goodwill Industries of SE Iowa Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5~h P.M., Iowa City, Iowa; thence NO°OO'00"E, 581.43 feet along the east line of said Sect ion 14 and Ohls Subdivision to the point of beginning; thence continuing along said east line, N0°00'00"E, 85.50 feet to a poi nt on the southeasterly right of way line of First Avenue, said point being on a 804.00 foot radius curve; thence southwesterly along said right of way line, 91.93 feet along said 804.00 foot radius curve concave northwesterly, said curve having a chord length of 91.88 feet, bearing S21 °28'23"W; thence S90°00'00"E, 33.63 feet to the point of beginning, and All that part of the southwest quarter of the southwest quarter of Section 13 and all that part of the northwest quarter of the northwest quarter of Section 24, in Township 79 North, Range 6 West of the 5th P.M. lying south of a line parallel with and 50 feet distant westerly as measured perpendicularly from the centerline of the Chicago, Rock Island and Pacific Railroad Company's main track as now located across said southwest quarter of the southwest quarter of said Section 13, and west of a line parallel with and 12 feet distant westerly as measured perpendicularly from the centerline of said Railroad Company's wye track No. 2, Wye tail track, and a southerly extension thereof, as now located across said southwest quarter of the southwest quarter of said Section 13 and said northwest quarter of the northwest quarter of said Section 14; Excepting therefrom all that part thereof conveyed to the City of Iowa City, Iowa by Warranty Deed dated December 22, 1972 and recorded April 2, 1973 in Book 395, Page 386, Deed Records of Johnson County, Iowa; and excepting therefrom the following: Beginning at the concrete monument which marks the corner common to Sections 13, 14, 23 and 24, T79N, R6W, of the 5th P.M.; thence due north 144.24 feet along the East line of Lot 2, Ohls Subdivision, Iowa City, Johnson County, Iowa; thence N 89°58'40'' E, 176.0 feet; thence S 27°53'40"W, 375.31 feet; thence N 00°05'20"W, 136.38 feet; thence N 00°05'20"W, 51.05 feet along the East line of Lot 2, Ohls Subdivision to the point of beginning. AND Parcel 98060 That part of Lot 3 of Ohl's Subdivision, Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98060 as shown on the plat thereof recorded in book 42 page 20, records of Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the Southeast corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M.; thence North 0°00' East 521.0 feet along the East line of said Southeast Quarter and along the East line of said Ohl's. Subdivision to the point of beginning; thence North 90000, West 64.6 feet to a point of intersection with the Easterly right-of-way line of First Avenue; thence Northeasterly 67.9 feet along said Easterly right-of-way line and along the arc of an 804.0 foot radius curve concave Northwesterly (chord North 27° 10' East 67.9 feet); thence North 90"00' East 33.6 feet to a point of intersection with the East line of said Southeast Quarter and the East line of said Ohl's Subdivision; thence South 0°00' East 60.4 feet along the East line of said Southeast Quarter and the East line of said Ohl's' Subdbliaol~ ~ the point of beginning and containing 0.07 acres more or less AND Parcel98059 That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 79 North, Range 6 West of the 5~ P.M., Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98059 as shown on the plat thereof recorded in book 41 page 230, records of Johnson County, lowa, more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Southwest Quarter; thence North 0°00' East 841.9 feet along the West line of said Southwest Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of-way line of the Heartland Rail Corporation; thence South 61°53' East 65.9 feet along said Southerly right-of-way line to the point of beginning; thence continuing South 61 °53' East 250.0 feet along said Southerly right-of-way line; thence South 28o07, West 142.0 feet to a point of intersection with an Easterly line of the parcel of land described in a Quitclaim Deed recorded in Book 298, Page 55 at the Johnson County Recorder's Office, said Easterly line being 12 feet in normal distance Westerly of the centerliae of former wye track No. 2; thence Northwesterly 290.75 feet along said Easterly line and along the arc of a 561.0 foot radius curve concave Southwesterly (chord North 32017. West 287.5 feet) to the point of beginning and containing 0.32 acres more or less. SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, heroin the City, and Iowa State Bank and Trust of Iowa City, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of certain A,qreement which at this time is in the amount of $34,500, and was executed by Goodwill Industries of Southeast Iowa (heroin the Owner), dated Auqust 15, 2000, recorded May 1~ 2003, in Book 3534, Page 802 through Page 823, Johnson County Recorder's Office, covering the following described real property: See Exhibit A, which is attached and incorporated herein WHEREAS, the Financial Institution proposes to loan the sum of $1,500,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Aqreement held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties heroto, the parties agree as follows: 1. Subordination. The City heroby covenants and agroes with the Financial Institution that the above noted Agreement held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration, The City acknowledges roceipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial institution is hereby acknowledged as a lien superior to the Agreement of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ?(]th day of ,lanuary ,20 04 · CITY OF IOWA CITY FINANCIAL INSTITUTION IOWA STATE BANK & TRSUT COMPANY Mayor PRES DENT Attest: KUAT a. ~ASTENDIOK, VIC~. PRESIDENT City ~rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ . day of '~-A,gu.~,~v ,20 b~, before me, the undersigned, a Notary Public in and for the State of Iowa, I~ersonally appeared ~,-,,,.~m4- (~. L,,~,~a_~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 'O~--- I! passed (the Resolution adopted) by the City Council, under Roll Call No. ~ - of the City Council on the ,a.c, day of -~-,,~,~u~.mJ, ,20 t>~- , and that l'=,.,,~,.~.-~. (./,J. L,~k.-.~,-, 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. SONDRAE FORT ~.l Commissiofl N umber 1597911 ~10.~ : ~"1 My CommisSion.Expires ~ LJ~| 2,/7/" (' J Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2ND day of JANUARY , A.D. 20 04 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JERRY L. VANNI and KURTA. KASTENDICK ., to me personally known, who being by me duly sworn, did say that they are the VICE PRESIDENT and VICE PRESIDENT , respectively, of said corporation executing the Within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said .J..E.R.~_Y L. AND ~_UR__~:.2.A.: .... .- as such officers acknowledged the execution of said instrument t6~'the voluntary a~a~n*d~8~a%f said corporation, by it and by them voluntarily executed. Exhibit A Legal Description ~of Goodwill Industries of SE Iowa Cmnmencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5'h P.M., Iowa City, Iowa; thence N0°00'00"E, 581.43 feet along the east line of said Section 14 and Ohls Subdivision to the point of beginning; thence continuing along said east line, N0°00'00"E, 85.50 feet to a point on the southeasterly right of way tine of First Avenue, said point being on a 804.00 foot radius curve; thence southwesterly along said right of way line, 91.93 feet along said 804.00 foot radius curve concave northwesterly, said curve having a chord length of 91.88 feet, bearing S21°28'23"W; thence S90°00'00"E, 33.63 feet to the point of beginning, and All that part of the southwest quarter of the southwest quarter of Section 13 and all that part of the northwest quarter of the northwest quarter of Section 24, in Township 79 North, Range 6 West of the 5~h P.M. lying south of a line parallel with and 50 feet distant westerly as measured perpendicularly from the centerline of the Chicago, Rock Island and Pacific Railroad Company's main track as now located across said southwest quarter of the southwest quarter of said Section 13, and west of a line parallel with and 12 feet distant westerly as measured perpendicularly from the centerline of said Railroad Company's wye track No. 2, Wye tail track, and a southerly extension thereof, as now located across said southwest quarter of the southwest quarter of said Section 13 and said northwest quarter of the northwest quarter of said Section 14; Excepting therefrom all that part thereof conveyed to the City of Iowa City, Iowa by Warranty Deed dated December 22, 1972 and recorded April 2, 1973 in Book 395, Page 386, Deed Records of Johnson County, Iowa; and excepting therefrom the following: Beginning at the concrete monument which marks the corner common to Sections 13, 14, 23 and 24, T79N, R6W, of the 5~h P.M.; thence due north 144.24 feet along the East line of Lot 2, Ohls Subdivision, Iowa City, Johnson County, Iowa; thence N 89o58'40'' E, 176.0 feet; thence S 27°53'40"W, 375.31 feet; thence N 00°05'20"W, 136.38 feet; thence N 00°05'20"W, 51.05 feet along the East line of Lot 2, Ohls Subdivision to the point of beginning. AND Parcel 98060 That part of Lot 3 of Ohl's Subdivision, Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98060 as shown on the plat thereof recorded in book 42 page 20, records of Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the Southeast corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M.; thence North 0°00' East 521.0 feet along the East line of said Southeast Quarter and along the East line of said Ohl's Subdivision to the point of beginning; thence North 90000' West 64.6 feet to a poin(of intersection with the Easterly right-of-way line of First Avenue; thence Northeasterly 67.9 feet along said Easterly right-of-way line and along the arc of an 804.0 foot radius curve concave Northwesterly (chord North 27010' East 67.9 feet); thence North 90000' East 33.6 feet to a point of intersection with the East line of said Southeast Quarter and the East line of said Ohl's Subdivision; thence South 0°00' East 60.4 feet along the East line of said Southeast Quarter and the East line of said Ohl's' Subdg/i~iol~ t.._o the point of beginning and containing 0.07 acres more or less AND Parcel 98059 That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 79 North, Range 6 West of the 5* P.M., Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98059 as shown on the plat thereof recorded in book 41 page 230, records of Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Southwest Quarter; thence North 0°00' East 841.9 feet along the West line of said Southwest Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of-way line of the Heartland Rail Corporation; thence South 61o53' East 65.9 feet along said Southerly right-of-way line to the point of beginning; thence continuing South 61 °53~ East 250.0 feet along said Southerly right-of-way line; thence South 28o07' West 142.0 feet to a point of intersection with an Easterly line of the parcel of land described in a Quitclaim Deed recorded in Book 298, Page 55 at the Johnson County Recorder's Office, said Easterly line being 12 feet in normal distance Westerly of the centerline of former wye track No. 2; thence Northwesterly 290.75 feet along said Easterly line and along the arc of a 561.0 foot radius curve concave Southwesterly (chord North 32017' West 287.5 feet) to the point of beginning and containing 0.32 acres more or less. Prepared by: Liz Osborne, PCD, 410 E. Washington, Iowa City, iA 52240 (319) 356-5246 RESOLUTION NO. 04-12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1345 CARROLL STREET, IOWA CITY, IOWA. WHEREAS, on August 9, 2002, the owner executed a Mortgage in the amount of $1,476.00; and WHEREAS, this loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1345 Carroll Street, Iowa City, Iowa from a Mortgage recorded August 13, 2002, Book 3356, Page 445 through Page 449 of the Johnson County Recorder's Office. Passed and approved this 20th day of January ,20 04 CI'I'~CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: LiT Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1345 Carroll Street, Iowa City, Iowa, and legally described as follows: Lot 67 in Part Two Plum Grove Acres Sub-division, iowa City, Iowa, according to the recorded in Plat Book 2, Page 151, Plat Records of Johnson County, Iowa. from an obligation of the owner, Cheryl Nickelson, to the City of Iowa City in the total amount of $1,476.00 represented by a Mortgage recorded August 13, 2002, Book 3356, Page 445 through Page 449 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by ATTEST: t-, CI~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,=q.c~ day of ~ , A.D. 20 !~,,~ . before me, the undersigned, a Notary Public in and for said County,/in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoi[~g instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o,4--/,~ , adopted by the City Council on the ~ day -~AZZ, 20. ~D,~-- and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/1345carrol-rel.doc Notary Public in and for Johnson County, Iowa )~1~. I SONDRAE FORT ~lCommission Numar 159791 ~"l My Co~mi~n ~ms Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-13 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTIES LOCATED AT 1153-1155 HOTZ AVENUE, 2160- 2162 TAYLOR DRIVE AND 913 -913 1/2 NORTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Promissory Notes in the total amount of $17,773.32, executed by the owner of the properties on December 12, 1994, and recorded on December 13, 1994, in Book 1646, Page 303 through Page 305, and in Book 1846, Page 306 through Page 308 in the Johnson County Recorder's Office covering the following described real estate: Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa according to the plat thereof recorded in Book 13, Page 18 Plat Records of Johnson County, Iowa; and Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Addition to Iowa City, Iowa according to the plat of said subdivision recorded in Book 1, Page 5, Plat Records of Johnson County, Iowa; and WHEREAS, the City of Iowa City is the owner of a Promissory Note and Mortgage in the amount of $16,640, executed by the owner of the property on September 15, 1992, and recorded on September 17, 1992, in Book 1434, Page 38 through Page 40, and in Book 1434, Page 41 through 44 in the Johnson County Recorder's Office covering the following described real estate: Lot Twenty-seven (27) in Raphael Place, an addition to Iowa City, Iowa, according to the recorded plat thereof; and WHEREAS, Hills Bank and Trust Company is financing a mortgage in the amount of $287,000 to the owner of 1153-1155 Hotz Avenue, 2160-2162 Taylor Drive and 913-913 ~ North Governor Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Promissory Notes and Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and Resolution No. 04-13 Page 2 WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 20th day of January ,20 04 Approved by City Attorney's Office It was moved by Champion and seconded by 0'Donnel l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X . ~;hampion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Promissory Notes and a Mort.qa.qe which at this time is in the amount of $34,413.32, and where executed by Greater Iowa City Housinq Fellowship (GICHF) (herein the Owner), dated September 15, t992, recorded September 17, 1992, in Book 1434, Page 38 through Page 40, and dated September 15, 1992, recorded September 17, 1992, in Book .1434, Page 41 through Page 44, and dated December 124 1994, recorded December 13, 1994, in Book 1846, Page 303 through Page 305, and dated December 12, 1994, recorded December 13, 1994, in Book 1846, Page 306 through Page 308, Johnson County Recorder's Office, covering the following described real property: Lot Twenty-seven (27) in Raphael Place, an addition to Iowa City, Iowa, according to the recorded plat thereof. And Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa according to the plat thereof recorded in Book 13, Page 18 Plat Records of Johnson County, Iowa. And Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Addition to Iowa City, Iowa according to the plat of said subdivision recorded in Book 1, Page 5, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ ,~,,~ '~./"Jt~o~(~ on a promissory note to be executed by the Financial Institution and the Owne~ ~ecuring a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Promissory Notes and a Mortqaqe 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 premises 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 Promissory Notes and a Mortqaqe held by the City are and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Promissory Notes and a Mortqa.qe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this of ,20 . CITY OF IOWA CITY FINANCIAL INSTITUTION B~~ Hills Bank and Trust Company Mayor ia D. Scho-~v, Busi~ss(~anking Officer Attest: ' City C-'Terk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,¢~' day of :~1-~..~¢~. ,20 ¢~t, before me, the undersigned, a Notary Public in and for the State of 16wa(', personally appeared ~.~...,.~,L ¢.~. L,~,_.,~% and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o4-~]~ passed (the Resolution adopted) by the City Council, under Roll Call No. L of the City Council on the ~ dayof "3'A~o~tl~ ,20o.~ ,and that 'E~.,..~.¢. (.O.I.~J.~-,~ 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. so.owFo I ~ Commission Number 159791! I'.~L'I MyCo~mi~siopExplres I Notary Public in and for the State of lowa I "~1 ~./~//o& I STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 9th day of January , A.D. 20 04 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Melissa D. Schooley and Roger J. Reilly , to me personally known, who being by me duly sworn, did say that they are the Business Banking Officer and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said ~ Melissa D. Schooley ~ ~o?r ,~_ ..,..y as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Commission NumJTer 166743 ~Comr,.F. xp. ¥-.Z<2~ Notary Public in and for the Statetof Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-14 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $125,000, executed by the owner of the property on March 15, 1996, and recorded on March 20, 1996, in Book 2052, Page 296 through Page 300 in the Johnson County Recorder's Office covering the following described real estate: Beginning at a point on the East line of Dodge Street in Iowa City, Iowa, 220 feet South of the Southwest corner of Outlot 28 in Iowa City, Iowa, according to the recorded plat thereof; thence East 159 feet; Thence South 50 feet; Thence West 159 feet to the East line of Dodge Street; Thence North 50 feet to the place of beginning. WHEREAS, Hills Bank and Trust Company is financing a loan in the amount of $115,000 to the owner of 416 South Dodge Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the. Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 2Ot. h dayof ,]anua~-v ,20 04 . AI;~fl~oved by ~ CITY'CL-~RK City Attorney's Office Resolution No. 04-14 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X ~hampion X Elliott X Lehman X . O'Donnell X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Iowa City, Iowa heroin the Financial Institution. WHEREAS, the City is the owner and holder of certain Mort~acle which at this time is in the amount of $125,000, and was executed by Successful Livinq (herein the Owner), dated March, 15, 1996, recorded March 20, 1966, in Book 2052, Page 296 through Page 300, Johnson County Recorder's Office, covering the following described real property: Beginning at a point on the East line of Dodge Street in iowa City, Iowa, 220 feet South of the Southwest corner of Outlot 28 in Iowa City, Iowa, according to the recorded plat thereof; thence East 159 feet; Thence South 50 feet; Thence West 159 feet to the East line of Dodge Street; Thence North 50 feet to the place of beginning. WHEREAS, the Financial Institution proposes to loan the sum of $115,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort,qa.qe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City heroby covenants and agrees with the Financial Institution that the above noted Mortqaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges roceipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination heroin. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is heroby acknowledged as a lien superior to the Mortqaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this _?.Q.t.b. day of January ,20 CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Roger/ ~~cl. eilly, ~'~e President a~est S~ B~nk~n~ larrett, Business Officer City~rk CI~S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUN~ ) On this ~o day of ~u~ ,20 ~, before me, the undersigned, a Nota~ Public in and for the State of Iowa, ~emonally appeared E~[~ ~. L~ and Marian K. Karr, to me pemonally known, and, who, being by me duly sworn, did say that they am the Mayor and Ci~ Cle~, respectively, of the Ci~ of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the ~rpomtion, and that the instrument was signed and sealed on behalf of the ~rporation, by authority of its Ci~ Council, as ~ntained in (Ordinan~) (Resolution) No. ~ ~ /~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ ' ~ of the Ci~ Council on the ~O day of ~v ,20 O ~ , and that ~E~A~ ~, ~N and Marian K. Karr acknowledged the execution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. F~ ~1 SOND~E FORT ~-~lC~mi~ion Number 159791~ [~ 3/~o~ J Nota~ Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 13th day of January , A.D. 20 04 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roger J. Reilly and Jeff Jarrett ., to me personally known, who being by me duly sworn, did say that they are the Vice President and Business Bankinq Officer, 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 bv authority of its Board of Directors; and that the said ~RI~ Roger J. ReillY and .~f¢ .~,-,-,~tt as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,'~,~/cm.~..~-.~ 7 ccm~m°" N~2~-~?/~'71~1 Nota~ Public in and 'or the State of lo,va Prepared by: Madlyn Kriz, Parks &Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356~5110 RESOLUTION NO. 04-15 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA CITY SKATE PARK PROJECT. WHEREAS, the Parks and Recreation Director has recommended that the work for the construction of the Iowa City Skate Park Project, as included in a contract between the City of Iowa City and MBA Concrete, Inc. of Iowa City, dated August 23, 2001, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of ,January ,2004. Approved by , CITY"~LERK ' Ci[y A~0rn~y's Office It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Dennell X Vanderhoef X Wilbum January 20 ,2004 The City Council of Iowa City, Iowa, met in requl ar session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock p.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Bailev. Champion. Elliott. Lehman. O'Bnnnpll: Vanderhoef. Wilburn Absent: None -1- Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donne] 1 seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell. Vanderhoef. Vanderhoef, Bailey~ Champions Elliott, Lehman NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 04-16 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, 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 a project as hereinafter described; and, it is deemed necessary that said Municipality should issue general obligation bonds to the amount of $7,305,000, as authorized by Section 403.12, 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 procedural requirements of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the in the Emma J. Harvat Hall, City Hall, IowaCity, Iowa, at 7:00 o'clock P~.M., on the 3rd dayof February ,2004, forthe purpose of taking action on the matter of the issuance of $7,305,000 General Obligation -2- Bonds, Taxable Series 2004, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under Chapter 403 of the Code of Iowa and all of the purposes set out in Section 403.12 of the Code of Iowa, all in connection with the Plaza Towers urban renewal project as specifically described in the agreement among the City and Plaza Towers, LLC and Marc Moen, Monica Moen and Michael Moen. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of the bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of the bonds on a basis favorable to the City and acceptable to the Council. Section 3. 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 cimulation in said City, said publication to be not less than ten nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- Publish 1/22 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public heating on the 3rd day of February, 2004, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $7,305,000 General Obligation Bonds, Taxable Series 2004, of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under Chapter 403 of the Code of Iowa and all of the purposes set out in Section 403.12 of the Code of Iowa, all in connection with the Plaza Towers urban renewal project as specifically described in the agreement among the City and Plaza Towers, LLC and Marc Moen, Monica Moen and Michael Moen. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City, in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Also, at the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections or petitions asking that said proposition be submitted to an election have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will take such other action as it may deem appropriate. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 403.12 of the Code of Iowa. Section 384.25 of the City Code of Iowa is applicable to this notice and to the above public hearing. Dated this 22nd day of January, 2004. s/Marian K. Kart City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 20th dayof January ,2004. ATTEST: City"Clerk -5- // NOTICE OF MEETiNG OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIE~ 2004, OF SAID CITY, AND THE HEARING ON THE I'~ PUBLIC NOTICE is hereby given that the Council of the City City, Iowa, will t a public hearing on the day of ~, at o'clock .M., in the Emma J. Harvat Hall, City Hall Iowa City,at which meeting the ( ~oses to take additional action for the issuance,000 General Obli Taxable Series 2004, of said City, in order funds to pay costs the planning, undertaking and carrying renewal projects Code of Iowa and all of the ;es set out in Section 403.12 of the Code in connection with the Plaza project as specificall3 the agreement among the LLC and Marc Moen, Monica Moen At an;y >etition, asking that the question of issuing such bonds the legal be filed with the Clerk in the manner ' Section 362.4 of the City Code of Iowa, pursuant to the City Code of Iowa. Also, at the above receive oral or written objections from any resident or property 2ity, to the above action. After all objections or petitions asking that said an election have been received and considered, the Council meetin r at any adjournment thereof, take additional action for the ' such other action as it may deem appropriate. This Notice is 'order of the C City of Iowa City, Iowa, as provided by Section 403 Code of Iowa. t 384.25 of the City Code of Iowa is applicable to and to the above public Dated this of 2004. City Clerk of Iowa City, (End of Notice) -4- Mr'% Council Member Champi on introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Jla i 1 ey seconded the Resolution to adopt. The roll was called and the vote was, AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Dnnnell NAYS: Nnnm Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 04-17 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under Chapter 403 of the Code of Iowa and all of the purposes set out in Section 403.12 of the Code of Iowa, all in connection with the Plaza Towers urban renewal project as specifically described in the agreement among the City and Plaza Towers, LLC and Marc Moen, Monica Moen and Michael Moen and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $7,305,000 as authorized by Section 403.12 of the City Code of Iowa; WHEREAS, this Council has ordered that notice be published as required by Sections 384.25 and 403.12 of the City Code of Iowa, of a public meeting and hearing to be held on February 3, 2004, upon the proposal to institute proceedings for the issuance of general obligation bonds for the aforesaid essential corporate purpose and it is deemed necessary that said bonds be advertised for public sale to be held following said hearing in the event that this Council shall determine to proceed with the issuance of the bonds; -6- WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and interact bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the Finance Director or City Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the "Press Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of February, 2004, at 7:00 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at 11:00 o'clock A.M. on said date. The notice shall be in substantially the following form: -7- Publish 1/22 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation 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 3rd day of February, 2004. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004 in the amount of $7,305,000, to be dated March 1, 2004 (the "Bonds"). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Iowa City, Iowa Electronic Intemet Bidding: Electronic internet bids will be received at the office of the Finance Director, Iowa City, Iowa. The bids must be submitted through the PARITY® competitive bidding system. Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Iowa City, Iowa. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic intemet bids will be accessed and announced. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock P.M. 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, City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Public Financial Management, Inc., 650 Third Avenue South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: 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. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers & Cooney, 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. Rights 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. s/Marian K. Kart, City Clerk City Clerk of the City of Iowa City, Iowa (End of Nohce) 397652 PASSED AND APPROVED this 20th day of January ,2004. Mayor ~ity~lerk ' 387382\1\10714081 ~10- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of January ,2004. City ~erk, Iowa City, Iowa SEAL MMCGINLEY~358831\1\10714.000 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director City (the "Issuer") at 11:00 o'clock A.M., on the 3rd day ~ 2004. will then be publicly opened and referred for action to the of the City Council r with the TERMS OF OFFERING. Thc be offered are the following: OBLIGATION BONDS, SERIES 2004 $7,305,000, to be 1, 2004 (the Manner of Bidding: will not Bids will be received in any of the following methods: Sealed Bidding: be submitted and will be received at the office of the Finance Iowa City, Iowa Electronic Electronic internet bids will be received at the office of the Finance Iowa City, Iowa. The bids must be ~ competitive bidding system. · Electronic facsimile bids will be received at the office of the I City, Iowa. Electronic facsimile bids will and treated as bids. Consideration of Bi After the of bids has passed, the close of sealed bids will be and announced. Finally, will be accessed Sale The sale and award at the Emma J. Harvat Hall, a meeting of the City Council at 7:00 o'clock P.M. Official The Issuer has issued an ~ pertaining to the including a statement of the Terms of Offering and an Official which is incorporated by reference as a part of this notice. The Official ' be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Public Financial Management, Inc., 650 Third Avenue South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: All bids shall be in conformity with and the,~ale shall be in accord with the Terms oft ~ffering[ set forth in the Official Statement.,j / Legal Opinion: Said bonds 11 be sold subject to the opinioj1/of Ahlers & Cooney, P.C., Attorneys,Des Moines, Iowa, as to the/l~gality and their opinion will be furnished together ~ ~ the printed bonds with/offt cost. to the purchaser and all bids will be so conditioned, the extent neceSsary to issue their opinion as to the legality of the bonds, will not exan3gne or review or express any opinion with respect to the o~/~ocuments, materials or statements made or furnished in c~ with the~le, issuance or marketing of the bonds. Rights Reserved: The right is reject any or all bids, and to waive any irregularities as deemed to be in the public. By order of the City Council of Iowa City, Iowa. City of Iowa City, Iowa (End of Notic -9- 44-T I g113-20-04 I Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 04-18 RESOLUTION OF INTENT TO CONVEY A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR BURNS CONVEYANCE TO CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE, AND SE'I'rING A PUBLIC HEARING FOR MARCH 2, 2004 WHEREAS, upon surveying their lot for the purposes of locating a fence, Paul and Joan Burns, owners of 425 Beldon Avenue, discovered that the paved portion of the Grove Street right--of-way encroached approximately three (3) feet into their lot at the corner of Grove Street and Beldon Avenue; and WHEREAS, due to the existence of a large, mature oak tree on the north side of the Grove Street right-of-way at this location, the option of removing the encroaching pavement and extending the pavement to the north was foreclosed; and WHEREAS, in exploring options to remedy the encroachment, a survey revealed that landscape improvements along the northwest corner of 425 Beldon encroached into the Grove Street right- of-way; and WHEREAS, in an effort to resolve the matter and legitimize each encroachment, the Public Works Department recommends that the City vacate and convey a 184 square foot parcel of the Grove Street right-of-way extending westedy along the existing north lot line of 425 Beldon to the Burns, in exchange for the Burns conveying to the City a 44 square foot parcel of property located at the intersection of Grove Street and Beldon Avenue immediately adjacent to 425 Beldon Avenue; and WHEREAS, on February 3, 2004, the City Council will hold a public hearing and consider an ordinance vacating a portion of the Grove Street right-of-way located westedy along the north property line of 425 Beldon Avenue; and WHEREAS, the City does not need the vacated portion of the right-of-way to provide access to property in the area, and it is in the public interest to acquire the paved portion of pdvate property currently functioning as right-of-way at the intersection of Beldon Avenue and Grove Street. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the 184 square foot parcel of vacated Grove Street right-of-way westerly along the north property line of 425 Beldon Avenue to Paul and Joan Burns, the owners of 425 Beldon Avenue, in consideration of their conveyance of a 44 square foot parcel of private property located at the intersection of Grove Street and Beldon Avenue and immediately adjacent to 425 Beldon Avenue to the City of Iowa City. ReSell~afl No. 04-).8 Page 2 2. A public hearing on said proposal should be and is hereby set for March 2, 2004 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 2rlth dayof January ,2004. ATTEST: Resolution No. 04-18 Page 3 It was moved by Vanderhoef and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 04-19 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY04 and FY05; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on December 10, 2003, and attached hereto, be adopted for FY04 and FY05. Passed and approved this 20th day of ,]anua~'? ,2004. MAYOR Approved by ClT~CLER~- - C" ' It was moved by Champion and seconded by Ba~ ley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE SPORTS/WELLNESS FY99 FYO0 FYOf F¥02 FY'03 FY04 FYO$ REVENUE NUMBERS FY06 FY'07 Aerobics - [ 10 cl~ 22.50 22.50 25.00 25.00 27.50 27.50 30.00 $ 3,750 125 30.00 32.50 Punch card 37.50 37.50 41.25 41.25 45.00 45.00 50.00 $ 4,400 88 50.00 55.00 Fitness 22.50 22.50 25.00 25.00 27.50 27.50 30.00 $ 3,810 127 30.00 32.50 Softball/Baseba!l Field Rental - Without lights 7.50 8.00 8.00 8.50 8.50 9.00 9.00 10.00 10.00 With [ight.~ 24.00 25.00 25.00 26.00 26.00 27.00 ! 27.00 $6,135 (T) 450~ 30.00 30.00 ~occer Field Rental - Without field pm~ 7.50 8.50 9.00 9.00 10.00 10.00 Wffh field pre[~ 15.00 ' 15.00 17.00 17.00 $4,000 (Tl 300 20.00 20.00 ~,dug Softball - Summer league.~ 340.00 340.00 345.00 345.00 350.00 350.00 360.00 $28,800 (T): 80' 360.00 370.00 Co-ed team.~ 360.00 365.00 365.00 370.00 370.00 380.00 $15,200 (T) 40 380.00 390.00 Fall leagues 185.00 185.00 190.00 190.00 195.00 195.00 200.00 $3,200 (T) 16 200.0~ 205.00 Co-ed teams 195.00 200.00 200.00 205.00 205.00 210.00 $2,520 (T) 12 210.00 215.00 ~dult Volleyball - Indoor leagues 90.00 95.00 95.00 100.00 100.00 105.00 110.00 $9,790 (T) 89 110.00 115.00 Outdoor leagues 60.00 65.00 65.00 70.00 70.00 75.00 80.00 $640 (T) 8 80.00 85.00 ~.du~t Basketball 185.00 190.00 190.00 195.00 195.00 200.00 210.00 $3,780 (T) 18 210.00 215.00 High School Basketball 85.00 90.00 90.00 95.00 95.00 100.00 100.00 $2,400 (T) 24 105.00 110.00 Racquetball Court hourly fee 3.00 3.00 3.00 3.00 3.50 3.50 3.50 $1,442 (T) 412 3.50 3.50 Youth Football 20.00 20.00 22.50 , 22.50 25.00 25.00 27.50 $ 9,817 357 27.50 30.00 Youth Volleyball 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $ 2,062 75 27.50 30.00 Youth Basketball 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $ 6,600 240 27.50 30.00 Youth Gymnastics (10 classes 20.00 ~ 20.00 22.50 22.50 25.00 i 25.00 27.50 $ 3,300 120 27.50 30.00 NJTL Tennis (24 lessons) 24.00 24.00 27.00 27.00 30.00 30.00 33.00 $ 4,785 145~ 33.00 35.00 Youth Tennis (10lessons) 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $ 550 2(~ 27.50 30.00 Adult Tennis (10 lessons) 25.00 25.00 30.00 30.00 35.00 35.00 40.00 $ 3,400 8~ 40.00 45.00 TOTAL SPORTS/1NELLNESS REVENUE $ 120,381 I I Less Sales Tax $ {3,895I I I I -- i GRAND TOTAL SPORTS/WELLNESS REVENUE $ 116,486 (T) Either entirely or partiall/ subject to sales tax I I PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE ,SCANLON GYMNASIUM FY'99 FYO0 FYO'I FY02 PY03 ' FY04 I--Y05 REVENUE NUMBERS PY061 FY07 Tot Time - SportslSpecialEvents $18-20 $ 2,750 145 $20-22 $20-22 Misc. Sales $1-3 $ 1,240 620 $2-4 $2-4 5th-6th Grade Activities - Field Tdp.= $5-10 $ 2,000 267 $7.50-12.50 $7.50-12.50 Spo~ $15-25 $ 17,500 875 $20-30 $20-30 Dance~ r $5-7 $ 6,170 ~ 1,028, $64 $5-8 ! Junior High Activities - 240 Field Tr~ $5-30 $ 15 $7-32 $7-32 IntramuraL~ I $15-20 $ 2,000 114 $20-25 $20-25 Dance I $5-7 $ 81750 1,458 $6-8 $6-8 Rentals & MerchandiseI $1-3 $ 350 175 $2-4 $2-4 Senior High Activities- Programs $10-15 $ 2,500 200 $15-20 I $20-25 ~JI Ages - Rentals, etc $20-50 $ 15,000 600 $25-50 $25-50 ~OTE!.JMOTEL TAX (10%) $ 56,000 J TOTAL SCANLON GYMNASIUM REVENUE $ 114,500 qOTE: Fl05 is the fim~ear fees have been broken down in this manner, Previously, tees were grouped with a range of $10-00. PROPOSED TOTAL PARTICIPAN? TENTATIVE TENTATIVE SOCIAl/CULTURAL FY99 F'YO0 FYO'I FY02 FY03 FY04 FY05 REVENUE NUMBER~, FY06 FY07 Dark Room (2 hours) 5.00 5.00 6.00 6.00 6.50 *40.00 40.00 $ 320 8 40.00 45.00 Potter's Studio - Card (4 months) 50.00 50.00 55.00 60.00 60.00 80.00 80.00 $ 3,600 45 80 00 I 85.00 Clay (251bs.) Cost+S% Cost+5% cost+5% Cost+S% cost+s% cost+s% Cost+5% $ 2,100 20(~ Cost's%~ Cost+5% Kinderflrounds 10.00 10.00 12.00 ~ 12.00 14.00 14.00 16.00 $ 2,880 180 18.00 t8,00 Children's lheatm 24.00 24.00 24~00 24.00 26.00 ~ 28.00 28.00 $ 3.024 108 28.00 30.00 ;cience & Nature 12.00 12.00 14.00 14.00 16.00 I 16.00 1800i $ 810 48 18.00 20.00 Children's Cultural 12.00 12.00 12.00 12.00 14.00 14.00 14.00 $ 14,000 100C 14.00 16.00 Adult Cultural 50-60 50-60 55-65 55-65 60-70 60-70 70-80 $ 23,625 315 70-80 75-85 Children's Social 10-20 10-20 10-20 12-22 12-2~ 12-22 12-22 $ 22,400 1318 12-22 14-24 Summer Camp (2 week session) - I session 135.00 135.00 140.00 ! 150.00 155.00 155.00 165.00 170.00 175.00 2 sessions 270.00 270.00 280.00 ~ 300.00 310.00 310.00 330.00 340.00 350.00 3 session~ 405.00 405.00 420.00 450.00 465.00 465.00 495.00 510.00 525.00 4 sessions 540.00 540.00 560.00 600.00 620.00 620.00 660.00 $ 64,350 390 680.00 700.00 Supervised Play 18.00 20.00 20.00 20.0_0_ __ 22.00 22.00 22.00 $ 6,050 27~ 24.00 24.00 FREE PROGRAMS: Summer Playgrounds Halloween Parade Swim Fest Winter Carnival TOTAL SOCIAL/CULTURAL REVENUE $ 143,159 * 14-week user card I I I PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE AQUATICS FY99 FYO0 FY01 FY02 F'Y03 F~04 FY05 REVENUE NUMBERS FY06 FY07 )aily Admissions - 1.75 1.75 2.00 2,00 2.25 i 2.25 2.50 $125,125 (T) 50050 2.50 2.75 Punch Cards - (20 admissions until FY04) 29.75 29.75 34.00 34.00 38.25 18.00 20.00 $46,100 (3') 2305 20.00 22.00 Month Passes* - Individual! 68.00 68.00 78.00 78.00 88.00 60.00 60.00 $ 4,500 75 60.00 60.00 Family (5 peopleI 136.00 136.00 156.00 156.00 176.00 120.00 120.00 $ 9,600 80 120.00 120.00 Each additional membe~ 15.00 15.00 15.00 15.00 20.00 15.00 15.00 $ 150 10 15.00 15.00 Annual Passes - Individua 136,00 136.00 156.00 156,00 176.00 150.00 150.00 $ 15,000 100 150.00 [ 150.00 Family (5 people) 272,00 272.00 312.00 312.00 352.00 300.00 300,00 $ 7,500 25 300.00i 300.00 Each additional memberl 30.00 30,00 30.00 30.00 35.00 25,00 25.00 $ 200 8 25.00 25,00 ~onthly Passes (Sept.-May only) - Individua NA NA NA NA NA 10.00 10,00 $ 2,050 205 10.00 10.00 Family (5 people)i NA NA NA NA NA I 20,00 20.00 $ 2,000 100 20.00 20.00 Each additional membe~ NA NA NA~1 NA NA i 2.00 2,00 0 0 2.00 2.00 ~ TOTAL PASSES $41,000 (T) :)ool Rentals (per hour) - General Public: I Recreation Center 25-50 25-50 30-55 30-55 30-55 30-55 30-55 30-55 30-55 MPAC 75.00 75.00 75.00 75.00 75.00 75.00 75.00 $622(T) 20 75.00 75.00 Swim Club: 25 yard/meter; 15.00 15.00 20.00 20.00 20.00 20.00 20.00 20.00 **50 yard/meter 30.00 30.00 30.00 35.00 35.00 35.00 35.00 $11,185 (T) 510 35.00 40.00 I PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE AQUATICS FY99 FY'O0 FYOI FY02 F¥03 F~04 FY05 REVENUE NUMBERS F¥06 FY07 Instmctionar Lessons: Parent/Tot (10 ~ 45 min 17.50 20.00 20.00 20.00 22.50 22.50 25.00 $ 4,500 180 25.00 27.50 Preschool (10 (~ 45 min.) 17.50 20.00 20.00 20.00 22.50 22.50 25.00 $ 9,750 390 25.00 27.50 Red Cross Basic Lessons 10 lessons ~ 45 min.) 18.50 21.00 21.00 21.00 I 23.50 23.50 26.00 $ 28,600 1100 26.00 28.50 Private Lessons (4 ~ 20 min.) 30.00 15.00 20.00 22.50 [ 27.50 27.50 30.00 $ 22,500 750 30.00 32.50 Adult Lessons (10 ~ 45 min.) 22.50 22.50 25.00 25.00 [ 27.50 27.50 30.00 $ 450 15 30.00 32.50 Diving Lessons (10 @ 45 min.) 17.50 20.00 20.00 20.00 22.50 22.50 25.00 $ 450 18 25.00 27.50 ***BasicWater Rescue (10 hrs.) 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $ 275 10 27.50 30.00 ***LJfeguarding (46 hrs.) _ 75.00 80.00 80.00 80.00 85.00 85.00 90.00 $ 1,800 20 90.00 95.00 ""'Water Safety Aide (20 hrs.~ 41.00 42.00 42.00 42.00 45.00 45.00 50.00 $ 500 10 50.00 55.00 ~*VVater Safety Instr~cto¢ (40 hrs.) __ 81.00 82.00 82.00 82.00 85.00 85.00 90.00 $ 900 10 90.00 95.00 ***Lifeguard Instructor (27h~m~.) 44.00 45.00 45.00 45.00 50.00 50.00 55.00 $ 550 10 55.00 60.00 TOTAL INSTRUCTIONAL PROGRAMS .$_ .... 7_0,_2_75 Aqua-Punch 37.50 37.50 41.25 41.25 45.00 45.00 50.00 $ 15,750 315 50.00 55.00 Lockers - City Park .1CL.50 .10-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 $ 1,468 3915 .25-.50 .25-.50 Mercer Park .10-.50 .10-.50 .2_5-.50 .25-.50 .25-.50 .25-.50 .25-.50 $ 6,222 16592 .25-.50 .25-.50 Vending - MPAC I $ 4,700 Vending - City Park Pool $ 2,242 School Distdct (cost share for MPAC; 25% of specified items; 28E Agreement) $ 62,000 Hotel/Motel Tax (15%) I $ 84,000 *Changed to "Summer Pass" in FY04 ~ --F-XCJUSiVe use or entire 8 lanes I *~Fees include $1 surcharge by the American Red Cross T) Either entirely or partially subject to sales tax TOTAL AQUATICS REVENUE $ 470,689 I II I I LessSalesTax $ (11,202) I GRAND TOTAL, AQUATICS REVENUE $ 459,457 I PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE SPECIAL POPULATIONS FY99 FYO0 FYOf FY02 FY03 FY04 F~05 REVENUE NUMBERS FY06 FY07 SPI Clubs 6.00 7.00 I 7.00 i 7.00 8.00 8.00 9.00 $ 405 451 9.00 10.00 BPI Special Events $2-16 $2-16 I $2-16 I $3-18 $3-18 $12.50-$4-19 $4-19 $ 1,208 10511 $5-20 ~I $5-20 S~PI RecPrograms $5-15 $5-15 i $5-15 I $10-15 $10-15 17.50 $12.50-17.50 $ 1,725 115 $12.50-17.50 i $15-20 Adapted Aquatics (7 classes) 15.00 16.00 22.50 22.50 25.00 25.00 27.50 $ 1,540 56 27.50 30.00 I Independent Living: *Goodtimem Club *Bowling Tournament & Banquet Sports & Fitness: i,Cooking *Coffeehouse Club Special Olympics Competitions *Aerobic Dance Softball I Sibship Halloween Dance I Basketball *Aquatics *Sign Language FRIENDS Other Holiday Special Events Gymnastics Bicycling *Re axat on Summer Picnic Cheedeadin9 Downhill and *Environmental Education Misc. Others *Fishing I Cross Country Skiing *Leisure Education Track & Field and other topics of interest to participants) Soccer BPI ADAPTED AQUATICS i *Aqua-Stretch 'Swim instruction for persons w/physical limitations only i *Swim instruction for pemons w/special needsI Outdoor Nature Activities: Ads & Crafts: I Hiking I J - ~ *Fascinating Flowers i Plant and Animal Life Classes *Art in the Park I SPECIAL OLYMPICS PROGRAM I I *Pottery I See SPI Recreation Programs ! Music Prngrams: *fabdc Paints Art Vocal Music Groups I Drama classes (jazz, ballet, modem, line Rhythm Instrument Groups dance, creative dance, square darnce, etc.) *Many other art classes * Fees assessed TOTAL S.P.I. REVENUE $ 4,878 PROPOSED TOTAL PARTICIPANT TENTATIVE TENTATIVE RECREATION CENTER FY99 FYO0 FYOI FY02 FY03 FY04 FY06 REVENUE NUMBERS F¥06 FY07 Room Rentals (per 3 hours use) · 150 350 11.00 Mtg. Room/Kitchen/Craft Room 8.00 8.00 9.00 9.00 10.00 10.00 11.00 $ 3.850 12.00 Social Hall 40.00 40.00 45.00 45.00 50.00 50.00 55.00 $ 8,250 55.00 60.00 Gymnasium (per hour/eeurt) - Half Ceed 20.00 20.00 22.50 22.50 25.00 25.00 27.50 $ 2,200 80 27.50 30.00 Full Coud 40.00 40.00 45.00 45.00 50.00 50~00 55.00 $ 1,375 25 55.00 60.00 Game Room (per hour) .- 15.00 15.00 15.00 17.50 17.50 17.50 20.00 0 0 20.00 22.50 Locker Rentais- I Daily (coin-opersted1 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 __. .25-.50 .25~.50 Monthl 3.00 3.00 5.00 5.00 7,00 7.00 7.00 7.00 8.00 SixMonths 15.00 15.00 i 20.00 20.00 24.00 35.00 [ 35.00 $ 4,200 750 __ 35.00 40.00 Vending Machines I ~ I $ 6,650 0 Equipment Rental -I Weekda 3.00 3.00 4.00 4.00 5.00 I 5.00 6.00 6.00 7.00 Weekend 6.00 6.00 7.00 7.00 8.00 8.00 9.00 $ 750 100 9.00 10.00 Drop-in Use- __ Game Room No fee No fee No fee No fee No fee No fee No fee No fee No fee Weight Room No fee No fee No fee No fee No fee No fee No fee ] No fee No fee Gym No fee No fee No fee No fee No fee No fee No fee No fee No fee Farmers Manket - Dali) 7.00 7.00 8.00 8.00 8.50 8.50 9.00 $ 450 50 9.00 9.50 Season (per marke~ 5.50 5.50 6.00 6.00 6.50 6.50 7.00 $ 16,800 2400 7.00 7.50 GardenPIots 12.00 12.00 ~ 14.00 14.00 16.00 16.00 18.00 $ 1,404 78 18.00 19.00 ~lon-resident Fees (for misc. activities through division) $ 5,000 Z. ommissions (telephone, other misc.) $ 1,300 rheme Park Ticket Sales $ 5,000 .ow Income Discounts ~, $ (7150C ~ TOTAL RECREATION CENTER & OTHER REVENUE $ 49,729 ' [ i ~GRAND TOTAL, RECREATION DIVISION REVENUE $ 888,239 I I I (non-property tax) I Prepared by: Shelley McCafferty, Assoc. Planner 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION WHEREAS, Resolution No. 83-371 adopted by-laws governing the meetings, membership, officers, and conduct of the Iowa City Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to provide for one representative from each historic district, which is consistent with State code; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to establish the expiration date for all terms as March 29; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws regarding ex parte contacts between property owners and staff, subcommittees or members of the Historic Preservation Commission; and WHEREAS, the Commission and City Council wish to amend the Commission's by-laws to provide for the establishment of a design review subcommittee to review applications for certificates of appropriateness and make recommendations to a quorum of Historic Preservation Commission at its regularly scheduled meetings; and WHEREAS, the Iowa City Historic Preservation Commission has approved acceptance of the proposed by-law amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the by-laws of the Iowa City Historic Preservation Commission, as amended and as attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this day of ., 20 MAYO R Approved by CITY CLERK C~{y ,~ttorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliot Lehman O'Donnell Vanderhoef Wilburn BY-LAWS IOWA CITY HISTORIC PRESERVATION COMMISSION ARTICLE I. MEETINGS Section 1. Reqular Meetinqs. Regular meetings of this Commission shall be held once each month. In addition, a date and time shall be reserved for a second meeting each month for the purpose of reviewing Certificate of Appropriateness applications. If no applications are filed for review at the second meeting, the meeting need not occur. Section 2. Special Meetinqs. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson's request for members of the Commission. Section 3. Place of Meetinqs. Regular meetings shall be in the Iowa City Public Library, Civic Center or other appropriate meeting place in Iowa City, Iowa. Should these places be unavailable, another meeting place shall be selected. Section 4. Notice of Meetinq. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to all members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majodty of the members of the Commission shall constitute a quorum at any meeting and a majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE I1. MEMBERSHIP Section 1. Membership. The Historic Preservation Commission shall consist of ccvc.-, mcmbcrc one representative from each historic district and four members selected at-la~je~erm-ef .............. ~,. The Chairperson and Vice-Chairperson will be elected annually by the Commission members. All members shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Historic Preservation Commission as vacancies occur. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through 2 the unexpired term but also through a subsequent regular term. ' ' '"'~ ...... * '-'-""--'~' ........ Members shall be Section 3. Terms. ~ ~-'"'"' *~- ....... *,'-,'- ct * .... ~. ~, ................... appointed for three-year terms. All terms expire March 29. Section 4. Absences. Three consecutive unexplained absences of a Commission member may result in a recommendation to the Mayor from the Commission to discharge such member and appoint a new Commission member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the pertinent portions of the City Code, Historic Preservation Commission By-laws, and other documents that would be useful to Commission members in carrying out their duties. ARTICLE III. OFFICERS Section 1. Number. The officers of this Commission shall be a Chairperson and Vice- Chairperson, each of whom shall be elected by members of the Commission. Section 2. Election and Term of Office. The officers of this Commission shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson and such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE IV. CONDUCT OF COMMISSION AFFAIRS Section 1. Aqenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members, the City Council and the media at least three days prior to the regular meetings. Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent to City Council, in the manner prescribed by the Council. Specific recommendations for the Council are 3 to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Proqrams. Periodically, the Commission shall review the policies and programs of the City relating to historic preservation, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate the consideration of such items at the next regular meeting following receipt, and shall notify Council of its disposition. Section 6. Attendance at Council Meetinqs. The Commission Chairperson or designated representative are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the Commission are to be discussed or when actions concerning the Commission's responsibilities are to be taken. The Commission's Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Commission business. Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planninq and Zoninq Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Historic Preservation Commission to act as a liaison between the two Commissions. Section 9. Ex parte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal Provided, however, that in ruling upon applications for certificates of appropriateness, the Commission is acting in a quasi-judicial capacity. In these maters, ex parte communications item outside of a public meeting between members of the Commission and parties or persons with a personal interest in the application should not occur, in accordance with Rodine v. Zoninq Board of Adiustment of Polk County, 434 N. W. 2d 124 (1988). Section lO. Des(qn Review Subcommittee. The Commission shall have the authority to establish a historic preservation design review subcommittee to review and make recommendations to the Commission regarding appfications for certificates of appropriateness. Said subcommittee shall consist of three members of the Commission, appointed annually by the Commission, to serve one year terms. ARTICLE V, AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws may be adopted by the members at any regular meeting or at any special meeting called for that purpose. Prepared by: Marilyn Kriz, Parks & Rec., 410 E. Washington, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 04-20 RESOLUTION NAMING THE WATERWORKS PARKLAND "WATERWORKS PRAIRIE PARK" WHEREAS, the land surrounding the City's new Water Treatment Facility has been designated for park use; and WHEREAS, this parkland has commonly been known as Waterworks Park; and WHEREAS, the majority of this park is to be planted with a variety of prairie grasses; and WHEREAS, the Parks and Recreation Commission recommends that this park be named "Waterworks Prairie Park." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The name of said tract of land shall be '~Naterworks Prairie Park." Passed and approved this 20th dayof ,lanuary ,20 (~4 MAYOR Approved by . ~. CITY ~LERK Cit~ It was moved by 0'Donne] ] and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn parksrec/res/wwrkspraidepark doc