HomeMy WebLinkAbout2004-08-31 Resolution
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( Prepared by: MitchelT. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-231
RESOLUTION OF INTENT TO CONVEY 925 E. WASHINGTON STREET TO FRIENDS
OF HISTORIC PRESERVATION, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR SEPTEMBER 14,2004
WHEREAS, the City condemned the property located at 925 E Washinigton Street as a public
nuisance; and
WHEREAS, the City has entered into a contract, subject to formal approval by the City Council,
for the sale of the property to Friends of Historic Preservation for $100,000, for rehabilitation of the
currently existing structure; and
WHEREAS, conveyance of the property, for rehabilitation of the currently existing structure, is in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to convey 925 E Washinigton Street to Friends
of Historic Preservation for $100,000, for rehabilitation of the currently existing structure.
2. Public hearing on said proposal should be and is hereby set for September 14, 2004, at 7:00
p.m. in Emma J. Harvat Hall of the Civic Center, 410 East Washington Street, Iowa City, Iowa,
or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by
the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing
to be published as provided by law.
Passed and approved this 31 s t day of Aucwst ,20M-.
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Approved by
ATTEST: ~r~L) k. ~A~ ~,/?:~
CI CLERK I A orney's Office ø-//"I"~
Resolution No. 04-231
Page 2
It was moved by o I Donne 11 and seconded by Elliott 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
? 0
WILLIS & WILLIS
ATTORNEYS AT LAW
500 SOUTH DUBUQUE STREET I
P.O. BOX 143
IOWA CITY, IOWA 52244
CRAIG N. WILLIS TELEPHONE 319-337-9621
NANCY B. WILLIS FACSIMILE 319-337-4581
August 12, 2004
Doug Boothroy
Director, Housing Inspection Services
City of Iowa City
Via Hand Delivery
Dear Doug:
I am pleased to attach an offer from Friends of Historic Preservation
for the newly condemned property at 925 E. Washington St., together
with the $1,000 earnest money check. The offer is in the original form
prepared by Mitch Behr without alteration on our part. I note that the
attached lead-based paint disclosure has not yet been filled out by
the City. We can acknowledge receipt when that is prepared. We
specifically waive the necessity of further provision by the City of
further condition disclosures.
I acknowledge that I will be providing the legal work for the buyer. I
do confirm that Friends is an Iowa non-profit corporation, having a
S01(c) (3) status as evidenced by an IRS determination letter.
Accordingly, any questions or concerns should be addressed to me.
I look forward to working with you on this transaction.
Sincerely yours,
Willis & Will s
. ~
CNW/rh
.
.
PreDared by: Mitchel T. ßehr, Asst. City Attornev. 410 East Washinaton St.. Iowa City. IA 52240: (319) 356-5030
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Iowa City, an Iowa municipal corporation ("Seller" or "Sellers")
1. 8EAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County,
Iowa, legally described as follows:
Commencing at a point 270 feet east of the northwest corner of Out Lot 3 in Iowa City,
Iowa, according to the recorded plat thereof; thence south 100 feet; thence east 55 feet;
thence north 100 feet; thence west 55 feet to the place óf beginning.
locally known as 925 E Washington Street, with any easements and appurtenant servient
estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of
record; c. any easements of record for public utilities, roads and highways; and d. (consider:
liens, mineral rights; other easements; interests of others.); provided Buyer, on possession, is
permitted to make the following use of the Real Estate: Residential
2. PRICE. The purchase price shall be ~100.000.00, payable at JOHNSON County, Iowa,
as follows: downpayment of $1.000.00, receipt of which is hereby acknowledged, and the
balance of the purchase price to be paid in full upon possession and closing.
3. REAL ESTATE TAXES.
a. Sellers shall pay all real estate taxes that are due and payable as of the date of
possession and constitute a lien against the property, including any unpaid real
estate taxes for any prior years.
b. Sellers shall pay their prorated share, based upon the date of possession, of the
real estate taxes for the fiscal year in which possession is given due and payable in
the subsequent fiscal year.
Buyer shall be given a credit for such proration at closing based upon the last
known actual net real estate taxes payable according to the public record.
However, if such taxes are based upon a partial assessment of the present property
improvements or a changed tax classification as of the date of possession, such
proration shall be based on the current millage rate, the assessed value, legislative
tax rollbacks and real estate tax exemptions that will actually be applicable as
shown by the Assessor's records on the date of possession.
c. Buyer shall pay all subsequent real estate taxes
"".
4. SPECIAL ASSESSMENTS, Sellers shall pay all installments of special assessments
which are a lien on the Real Estate and, if not paid, would become delinquent during the
calendar year this offer is accepted, and all prior installments thereof.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession
of the Real Est¡:¡te to Buyer shall be as follows: All risk of loss shall remain with Sellers until
possession of the Real Estate shall be delivered to Buyer.
6. CONDITION OF PROPERTY.. Buyer is purchasing the Real Estate and
improvements thereon in their present condition with no warranties or representations from Seller
regarding the condition of the property or improvements thereon. The Real Estate shall be
preserved in its present condition and delivered intact at the time possession is delivered to
Buyer
7. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties'
timely performance of all obligations herein, closing shall be held on or before the date 60 days
after formal approval by the City Council of Iowa City, Iowa and possession of the Real
Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance,
and interest to be made as of the date of transfer of possession.
8. FIXTURES AND PERSONAL PROPERTY. All property that integrally belongs to or is
part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods,
blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water
softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-
in items and electrical service cable, outside television towers and antenna, fencing, gates and
landscaping shall be considered a part of Real Estate and included in the sale. Seller does not
claim ownership of, and sþecifically disclaims any rights to, any other personal property
contained on the premises. Seller does not purport to transfer any rights therein. Any such
personal property shall be considered abandoned by previous owners and/or parties in
possession of the property.
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
10. ABSTRACT AND TITLE. Sellers, at their expense, shall obtain an abstract of title to the
Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa
law and Title Standards of the Iowa State Bar Association.
11. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to
Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1.a. through 1,d. Any general warranties of title shall
extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers
continuing up to time of delivery of the deed.
12. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
-2-
13. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon
thirty days written notice of intention to accelerate the payment of the entire balance
because of such failure (during which thirty days such failure is not corrected)
Sellers may declare the entire balance immediately due and payable. Thereafter
this contract may be foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyer has the right to have all
payments made returned to it.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs
and attorney fees as permitted by law.
14. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this
contract shall be on a form of the Iowa State Bar Association.
15. ASSIGNMENT. This contract may not be assigned by Buyer. In case of the
assignment of this contract by Seller, prompt notice shall be given to Buyer, who shall at the time
of such notice be furnished with a duplicate of such assignment by such assignors.
16. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender, according to the context.
17. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before the date
60 days after delivery to Seller, at the option of Buyer it may be declared null and void and all
payments shall be repaid to the Buyer.
18. OTHER PROVISIONS
(a.) See attached Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint
Hazard.
(b.) Buyer shall rehabilitate the residential structure currently existing on the property and
bring it into compliance with the Iowa City Code within 18 mqnths of closing and possession. This
obligation shall survive completion of closing and transfer of possession, shall inure to the benefit
and bind the successors and assigns of the Buyer, and shall be a covenant running with the title
to the property. Upon closing and transfer of possession to Buyer, this Offer shall be recorded
with the Johnson County Recorder, as notice of said obligation. Upon satisfaction of this
obligation by Buyer as provided for herein, the Director of the Department of Housing and
Inspections Services for the City of Iowa City is authorized to issue a release of this covenant
sufficient för recordation with the Recorder of Johnson County, Iowa.
(c.) ANTI-MERGER PROVISION. The parties specifically agree that all representations,
warranties, agreement, responsibilities, obligations and comments specified herein shall survive
the execution, delivery and recording of the warranty deed required by Section 10 hereof, shall
remain in full force and effective thereafter, and shall not be merged in or extinguished by such
execution, delivery a,nd recording of the warranty deed.
(d.) This contract is subject to and conditioned upon formal approval by the City Council of
Iowa City, Iowa, pursuant to Iowa Code §364. 7. If this contract is not formally approved by the
City Council of Iowa City, Iowa, it shall be null and void, and the downpayment shall be returned
to Buyer.
·
- 3 -
BUYER
F7 r(./l4i of ~~,fórlc.. !ìc.jBrW,f,M
BY:~~~ Date: ?þ/6Ý
., ~AaJ(: -e"Jer¡ ~ ame &Title)
By: Date:
(Name &Title)
This offer is accepted , 2004, subject to and conditioned upon formal
approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code § 364.7.
CITY OF IOWA CITY, IOWA
By:
Stephen J. Atkins, City Manager
SELLER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2004, before me, the undersigned, a Notary Public in
and for the above-named county and state, personally appeared Stephen J. Atkins, to me known
to be the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
Notary Public in and for the State of Iowa
BUYER'S ACKNOWLEDGEMENT
APPLICATION
PURCHASE OF PROPERTY LOCATED AT 925 E Washington Street, Iowa City
(Add supplemental pages if necessary)
State the names, addresses and telephone numbers of all persons and entities interested in the
proposed contract.
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State and describe any completed work of a similar character to that to be performed in the
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I List references that will enable the City to judge the financial ability, character, experience, skill
and business standing to insure that the applicant would be able to comply with the provisions of
the proposed contract.
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If known, provide a complete list of persons, firms or other parties to whom applicant proposes to
award a contract or subcontract for completion of the provisions of the proposed contract.
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APPLICANT: h,'(,f1d:s or ¡I,'S1;1f I <.. Rc.:¡<.rvt?,:htYI
harr Date: tJJ~ / ()~
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FRIENDS OF HISTORIC PRESERVATION
P.O. Box 2001, Iowa City, Iowa 52244
August 12,2004
Doug Boothroy
Director Housing Inspection Services
City of Iowa City
410 East Washington
Iowa City, Iowa 52240
BOARD OF DIRECTORS
Thomas Baldridge Re: Condemnation of 925 E, Washington
Jackie Blank Dear Mr. Boothroy,
Jeremy Faden
Roger Gwinnup Friends of Historic Preservation has recently become aware of the
impending condemnation of the historic home located at 925 E.
Mike Haverkamp Washington St. in Iowa City. As its president, I would ask for your
Jim Hayes favorable consideration in granting our nonprofit group the right to
purchase this home from the city once it is condemned.
Carl Klaus
Cecile Kuenzli
We see wonderful potential in the house. The plan of our organization
Alice Kurtz will be to rehabilitate it and restore it to a beautiful single-family
John Loomis residence. The goal of our group is encouraging the preservation of
historic homes and neighborhoods in Iowa City. All proceeds raised (if
Michael Maharry any) will help fund other preservation activities in the area.
Missy MoUeston To be worthy of your selection it seems appropriate to provide details
Jeff Schabilion about our ability to complete such a project. Appropriate financing, a
history of successful rehabilitation and evidence of ability to plan and
Madeline Sullivan execute the rehabilitation are what I would like to review.
Financing:
Friends of Historic Preservation (FHP) has approximately $80,000 in cash
and liquid investments. We are negotiating amongst two banks in Iowa
City to provide working capital for this project. We have been promised
at least the following: a $30,000 down payment in the form of a one-year
promissory note will enable us to have a line of credit for up to 80% of the
cost of the assessed value of the finished home. For a 2,400 square-foot
home with attached two-car garage six blocks from downtown Iowa City
we would conservatively estimate a selling price of $250,000. 80% of this
($200,000) would be extended by the bank as credit for renovation.
Based the purchase price of the property, we estimate that the restoration
will roughly be between 90-100K. This leaves at least 20% for cost
overruns if the conservative final sale figure is used,
Remodeling experience:
FHP has demonstrated remodeling experience in Iowa City. Since 1995
we have restored homes at 412 Church St. and 512 Church St. The
financing terms described above were similar for these projects. These
homes took about two years to complete using a multi-contractor model.
For our next projectwe have retained the services of a single contractor,
restoration carpenter Paul Kinney. Paul has presided over two consecutive
home restorations in the past 12 months. From September to December
2003 he restored the home at 619 Ronalds Street in the north side. From
January to June 2004 restored 1037 East Washington St. in the College
Hill Conservation District. Our timetable is to have the house at 925 East
Washington St. completely remodeled and ready for a market in one year.
This time may vary upon further investigation of the interior of the house.
We are speaking with persons from the local electrical union to investigate
the donation of electrical services for the project. Volunteer labor has
been donated to restore the garage door to a historic appearance. Other
contributions will be sought based on needs discovered during closer
inspection. We will be using as many materials as we can from recycled
items from our Salvage Barn. Flooring, light fixtures, sinks and other
woodwork from the Bårn can potentially be reused for this project. These
are materials that would otherwise have ended up in the Iowa City landfill.
The board of directors ofFHP voted unanimously on June 23, 2004 to
proceed with this request. With solid support of our Board and the like-
minded nature of our membership, we feel that your choice of our
organization to restore this home will benefit the city, the neighborhood
and our organization. A desirable attractive home will be reborn in a
historic neighborhood. City revenues will be enhanced with the added
value.
Thank. you for your careful consideration of this matter. If you have any
questions or concerns please feel free to call me at 358-1024 or contact me
by email mmaharry@yahoo.com.
Sincerely I
~~
Michael Maharry, M.D.
-
.
.
Dlsdosure of InfonnaUon on Lead-Based PaInt and/or Leacl-Based Paint Hazards
. Lead Warning Statement
Every purchaser of any Interest In resldenUal real property on which a resldenUal dwel/fng was built prior to 1978 Is
noUjled that such property may present exposure to lead from lead-based paint that may place young children at risk
of developIng lead poisoning. Lead poisoning In young children may produce permanent neurological damag~
IncludIng learning dlsabl/IUes, reduced Intelligence quoUent behavioral problems, and Impaired memory. Lead
poisoning also poses a parUcular risk to pregnant women. The seller of any Interest In resldenUa/ real property Is
required to provide the buyer with any InformaUon on lead-basedpafnt hazards from risk assessments or InspecUons
In the seifer's possession and noüjy the buyer of any known lead-based paint hazards. A risk assessment or InspecUon
for possible lead-based paint hazards Is recommended prior to purchase. .
Seller's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (I) or (iI) below):
(I) Known lead-based paint and/or lead-based paint hazards are present In the housing
(explain),
(Ii) _ Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the housing.
(b) Records and reports available to the seller (check (i) or (II) below):
(i) Seller has provided the purchaser with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards In the housing (lIst documents below).
(ii) _ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards In the housing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all Infonnation listed above,
(<I) Purchaser has received the pamphlet Proted Your Famtty from Lead In Your Home.
(e) Purchaser has (check (i) or (Ii) below):
(i) _ received a lû-day opportunity (or mutually agreed upon period) to conduct a risk assess-
ment or Inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(iI) _ waived the opportunity to conduct a risk assessment or Inspection for the presence of
lead-based paint and/or lead-based paint hazards.
Agent's Acknowledgment (initial)
(f) Agent has Informed the seller of the seller's obligations under 42 U.s.e. 4852d and Is
aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the Infonnatlon above and certify, to the best of their knowledge, that the
Infonnatlon they have provided Is true and accurate.
.
se.'~.~ rMðj ,.,"" Date
Purcha Dafe Purchaser Date
Agent Date Agent Date
MJ7J r 3~(2) t
Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 04-232
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004
SANITARY SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENNGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-mentioned project is to be held on the 14th day of September
2004, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City Engineer
in the office of the City Clerk for public inspection.
Passed and approved this 31st day of Auqust ,20---'1L.
PI,/. ~/ -
YOR
Approved by /
ATTEST: ~~ ,f. ~ fJtfto ~~
cfty ttorney' Office . ~/~~
CI CLERK
It was moved by 0' Donne 11 and seconded by Elliott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
)( Vanderhoef
X Wilburn
wpdatalreslpweng/04sanitary sewer nph.doc
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Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138
RESOLUTION NO. 04-233
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, SPECIAL PROVISIONS, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PROJECT STP-
1-5(69)-2C-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 14th day of
September, 2004, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, special provisions, form of contract and estimate
of cost for the construction of the above-named project is hereby ordered placed on file by
the City Engineer in the office of the City Engineer for public inspection.
Passed and approved this 31 s t day of August ,20 04
~ ~L -
AYOR
Approved by
ATTEST: ~ K ~ #(~~~ ç4'~':!> I" Y
City Atto ey's Office
CITY LERK
Pwenglresldodgestp~setph.doc
8/04
Resolution No. 04-233
Page 2
It was moved by 0' Donne 11 and seconded by Elliott 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
fV\,j", I 3;(;; I
(; Prepared by: Deb Briggs, ICHA, 410 E. Washington 51., Iowa City, IA 52240 (319) 887-6069
RESOLUTION NO. 04-234
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND
MORTAGE AGREEMENT FOR THE PROPERTY LOCATED AT 1905
GLEASON AVENUE, IOWA CITY, IOWA.
WHEREAS, on November 29, 2000, the owners executed a Second Mortgage in the amount of
$23,000; 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 1905
Gleason Avenue, Iowa City, Iowa from a Second Mortgage recorded November 29, 2000, Book
3021, Pages 162 through 168 of the records of the Johnson County Recorder's Office.
Passed and approved this 31st day of August ,2004.
¿.~~. dlL,
OR
Approved by ~~
ATTEST: ~~~. ~d ~~( ~-"'i
CI CLERK City Attorney's Office
It was moved by o I Donne 11 and seconded by Elliott 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
hisassVreslfrantzreso.doc
Prepared by: Deb Briggs, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6069
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1905 Gleason Ave., Iowa City, Iowa,
and legally described as follows:
Lot 64, Mount Prospect Addition, Part 2, Iowa City, Iowa, according to the plat
thereof recorded in Book 10, Page 79, Johnson County Records, Johnson
County, Iowa.
from an obligation of the owners, Matthew D. Frantz and Dawn S. Frantz, to the City of Iowa
City in the total amount of $23,000 represented by a Second Mortgage recorded November 29,
2000, Book 3021, Pages 162 through 168 of the records of the Johnson County Recorder's
Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon I'Ie to the above property by reason of said prior 2ment.
~W Z~_ _
OR
Approved by
~ C. ~t\_ çr,2,_C-o'f
ATTEST:Ì1~......) .f¿. ~ ~~
CITY ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 2->1 'it! day of AV.GLlST , 2004, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian
K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was
signed and sealed on behalf of the corporation by authority of its City Council, as contained in
Resolution No. r;,1-d& , adopted by the City Council on the .31 ~1 day of A U bUS Î
, 2004 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.
~ SONDRAEFORT
cf6 '\ Commission Number 1~9791 So r .-L
..... My CommISSion ExpIres ~p ~ U
lOW - '" Notary Public in and for Johnson County, Iowa
hsgasst\frantzrel.doc
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Prepared by: Liz Osborne, PCD, 410 E. Washington St.,lowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-235
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY
NOTE AND MORTGAGE FOR THE PROPERTY LOCATED AT 721 7th
AVENUE, IOWA CITY, IOWA.
WHEREAS, on October 7, 1999, the owner executed a Promissory Note in the amount of
$4,263 secured by a five-year forgivable Mortgage; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Liens for recordation, whereby the City does release the property located at 721 7th
Avenue, Iowa City, Iowa from a Promissory Note and Mortgage recorded October 15, 1999,
Book 2845, Page 260 through Page 265 of the Johnson County Recorder's Office.
Passed and approved this 31st day of AUQust , 20-OL.
¿;!J-t./. ;fd - .
AYOR
ATTEST: C~~~R~ II. ~~ APprove~~ q; . J t -olf-
City Attorney's Office
It was moved by 0' Donne 11 and seconded by Elliott 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
ppdrehablres/7217thave.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, fA 52240 (319)356-5246
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 721 7th Avenue, Iowa City, Iowa, and
legally described as follows:
Lot 17 in block 12, in Rundell, Johnson County, Iowa, according to the recorded plat
thereof subject to easements, covenants and restrictions of record
from an obligation of the owner, James T. Jansen, to the City of Iowa City in the total amount of
$4,263 represented by a Promissory Note and Mortgage recorded October 15, 1999, Book
2845, Page 260 through Page 265 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
"pon title to the above p,operty by ,ea,on of "'~ -¿:":.t. *-./
AYOR
Approved .b.y ~- J f-ü't
ATTEST: ~./~.-u.J 1:. ~ .~~
CI LERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 31~ day of f\ u-Gu.sT , A.D. 20 ù4- ,before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. 04~:J3;;¡ adopted by the City Council on the -31 ~ day AUG.v..'S ì
, 20~ and that the said Ernest W. Lehman and Marian K.
Karr as such officers acknowledged t e execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
~ SONDRAEFORT
~ '\. Commission Number 159791
. . My Commission Expires S,emd n.u.. F .....-b
lOW -- - 0
Notary Public in and for Johnson County, Iowa
Ppdrehabf7217thaV'erel.doc
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Prepared by: Liz Osborne, pca, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-236
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 1204 ASH STREET, IOWA CITY, IOWA.
WHEREAS, on February 2, 2000, the owners executed a five-year forgivable Mortgage in the
amount of $245; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Liens for recordation, whereby the City does release the property located at 1204
Ash Street, Iowa City, Iowa from a Mortgage recorded February 17, 2000, Book 2906, Page 119
through Page 125 of the Johnson County Recorder's Office.
Passed and approved this 31 s t day of AU9ust , 20 --º!...-.
¿ _/ tJ. ;Þ/
Approved by
ATTEST:~";__M) ~ ~ ~ %' -J.. r~ If
I CLERK City Attorney's Office
It was moved by 0' Donne 11 and seconded by Elliott 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
ppdrehablres/1204ash.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1204 Ash Street, Iowa City, Iowa, and
legally described as follows:
Lot 40 in C.R. Regan Addition to Iowa City, Iowa, according to the recorded plat thereof
from an obligation of the owners, George and Ruth L. Ferdig, to the City of Iowa City in the total
amount of $245 represented by a Mortgage recorded February 17, 2000, Book 2906, Page 119
through Page 125 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.
£~W.~
MAYOR
Approved by
ATTEST: ~.v·__A~J ~ ~ ~~ ~- ð- \' --0 ~
City Attorney's Office
CITY LERK
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 3)~ day of .t.. u..Gu ~ ,A.D. 20 v4 ,before me, the undersigned, a
, Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor .and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. 04 - .J..3fo ,adopted by the City Council on the 31 ~. day
Au.Gu~ ,20 ù t 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.
~ SONDRAE FORT ~cmdJlG..t- ç- A-r-D
Commission Number 159791
My Commission Expires
lOW 'j,"-7- 01. Notary Public in and for Johnson County, Iowa
ppdrehabI1204ashrell.doc
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Prepared by: Liz Osborne, PCD, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-237
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR THE PROPERTY LOCATED AT 401 SOUTH GILBERT STREET, IOWA
CITY, IOWA.
WHEREAS, on June 26, 2001, Extend the Dream Foundation executed an Agreement for the
use of Community Development Block Grant (CDBG) funds which was amended on September
17,2001, for a total amount of $106,750; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Liens for recordation, whereby the City does release the property located at 401
South Gilbert Street, Iowa City, Iowa from an Agreement and contract amendment recorded
September 17, 2001, Book 3136, Page 63 through Page 77 of the Johnson County Recorder's
Office.
Passed and approved this 31st day of AU<;1lJst ,20.J1L....
gc-~4/. // _
AY
Approved by
ATTEST:~"I/. ~ ~ ~~Jt~~'\-
CITY CLERK City Attorney's Office
It was moved by 0 I Do n ne 11 and seconded by Ell i 0 t t the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
)( Lehman
)( O'Donnell
X Vanderhoef
X Wilburn
ppdrehablres/401 sgilbert.doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington 51., Iowa City, fA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 401 South Gilbert Street, Iowa City,
Iowa, and legally described as follows:
Beginning at a point 144.6 feet east and 126.4 feet south of the northwest corner of the
NE Yo of Sec. 15, Twp. 79 N., R 6 West of the 5th P.M., thence north along the east line
of Lots 3 and 2 in Block 2, Berryhill and Pierce's Addition to Iowa City, Iowa, according
to the recorded plat thereof, 46.35 feet, thence west 85.24 feet along the south face of
the wall of the three story building now on said real estate, to the place of beginning.
from an obligation of Extend the Dream Foundation to the City of Iowa City in the total amount
of $106,750 represented by an Agreement and contract amendment recorded September 17,
2001, Book 3136, Page 63 through Page 77 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.
~~I./. ~--
APpro~
ATTEST: ~~ ¡¡. Ka-vv' ~ <?;:~ J.!'- 'f
CI LERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 3 \ ~ day of AüG.u..<.;;-r- ,A.D. 20~, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No.o4-d'31, adopted by the City Council on the ~{ 'jf day -A1.{E:,u..S,ì
,20 ð4- 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.
~ SONDRAEFORT
i ~ Commission Number 159791 Svrr.J A C<..L ç::-~
. . My Commission Expires
lOW .- ~ Notary Public in and for Johnson County, Iowa
Ppdrehab401 sgilbertrel.doc
M~ Q;]
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 04-238
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 733 HIGHLAND AVENUE, IOWA
CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of
$3,486, executed by the owners of the property on November 15, 2002, and recorded on
November 26, 2002, in Book 3429, Page 633 through Page 637 in the Johnson County
Recorder's Office covering the following described real estate:
Lot 69, Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat
thereof recorded in Book 4, Page 313, Plat Records of Johnson County, Iowa, subject to
easements, covenants and restrictions or record.
WHEREAS, Iowa State Bank and Trust Company is refinancing the mortgage for $112,000 to
the owners 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
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 31 s t day of August ,20~.
ptv. ;í d~ - -
Approved by
ATTEST: Ì?7~~ t(. ~ ~~ ~-ð.T-ø'f
CITftLERK City Attorney's Office
ppdrehab/res/733highland-subord.doc
Resolution No. 04-238
Page 2
It was moved by 0' Donne 11 and seconded by F11 i ott 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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa
State Bank and Trust Companv of Iowa City. Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortaage which at this time is in the
amount of $3.486, and where executed by David A. and Jean M. Sellnau (herein the Owner),
dated November 15. 2002, recorded November 26.2002, in Book 3429, Page 633 through Page
637, Johnson County Recorder's Office, covering the following described real property:
Lot 69, Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat
thereof recorded in Book 4, Page 313, Plat Records of Johnson County, Iowa, subject to
easements, covenants and restrictions of record.
WHEREAS, the Financial Institution proposes to loan the sum of $112.000 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 Mortaaae
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 Mortgaae held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortaaae 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 ..lls.1 day of August ,20.J!L.
CITY OF IOWA CITY FINANCIAL INSTITUTION
By ¿. ~ tJ. ~L ____BYJ.~} ~~
Mayor Peggy J. Doerge
Vice President
Iowa State Bank & Trust Company
Attest:
)n. .~ ~ 7f/æ.vJ
City~
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 31~ day of A UbuS'l , 20-ª±-, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared f(y' ~~+ u). Le h"""(ÃV\ 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 €OI dil h!lllcé)
(Resolution) No. 01 - é) 3 ~ passed (the Resolution adopted) ~ the City Council, under Roll Call
No.~ --- of the City Council on the 3ì ~ day of U(.."Ll~ ,20~, and
that E '-V\-I'<:''\- W. L", h no-."" 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.
~ SONDRAEFORT S,UY1d^".... ç~-6
~ Commission Number 159791
. . My commiSSI0r¡" Expires
ow ~~ - 0 Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this It/-&. day of /J '914s1 , 20 ðl./ ,before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
PW/:r /)Þ''.l/ ' to me personally known, who being/y me duly sworn, did say that
he/s is the VI f,,~~'Jc"1 of ¡(JIM.!rl.'ft E411k. rl"U~'ICt,. that said instrument
was signed on behalf of said corporation by authority of its Board of Directors; and that said
at/!-.J!I:J: /),~':; I!.. acknowledged the execution of said instrument to be the voluntary
act deed of sal corporation, by it and by him/her voluntarily executed.
.....,9-IAL., . ERIC OLSEN ~. ðA
~ ~¿ ...~ Commission Number 728645
.. .... My~ Expires Notary Public in and for the State of Iowa
IOW~ Z "7
MJn¡,
[I
Prepared by: Mari Sindt, Treasury, 410 E. Washington St., Iowa City, IA 52240 (319-356-5000 x2260)
RESOLUTION NO. 04-239
RESOLUTION RESCINDING RESOLUTION NO. 96-22, AND ESTABLISHING A
DISCOUNT PROGRAM FOR CITY UTILITY SERVICES INCLUDING WATER,
WASTEWATER, SOLID WASTE, RECYCLING, AND/OR STORM WATER
SEWER FOR QUALIFYING LOW-INCOME RESIDENTS.
WHEREAS, the City Council declares it is in the public interest to establish a policy which provides
residents with assistance for City utility service fees by way of a fee discount program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Resolution No. 96-22 is hereby rescinded as outdated.
2. Discount Programs. It is in the public interest to establish annual and two-year discount
programs for water, wastewater (sanitary sewer), solid waste and recycling services for
residential utility service fees for qualifying low-income residents as follows:
a. Annual Discounts. To qualify for the annual discount program, all residents of a household
must:
i. Be participating in one of the following programs: Supplementary Social Security
Benefits, Title XX Program, Family Investment Program, Food Stamp Program.
ii. The utility account holder must be either a resident of the household or a licensed
social service agency that is providing social services to the resident(s).
b. Two-Year Discounts. To qualify for a two-year discount, all residents of a household must:
i. Be participating in a reduction in the previous year's property tax pursuant to the Iowa
Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program, as
provided by state law.
ii. The account holder must be a resident of the household.
3. Applications. Applications for the discount program shall be accepted by the City Finance
Department throughout the calendar year, and shall be effective only after verification of
eligibility and as of the date of the account holder's next regular monthly billing.
Resolution No. 04-?::!Q
Page 2
Renewal applications for the discount program shall be accepted by the City Finance
Department from March 1 through May 31 of the current year, and shall be effective
commencing on July 1 of that same year.
Passed and approved this 31 s t day of August ,20-ºL.
£.~?v. ~d~
AYOR
Approved by
ATTEST:~ ."f. ~ -4/~ ¡¡'~~<JJI
CI LERK City Attorney's Office
It was moved by o I Donne 11 and seconded by Ell iott 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
wpdatalfintreaslresldiscount.doc
,~ ! CITY OF IOWA CITY I::[]
--= -~
~------ !t
I~W!: MEMORANDUM
~ ...=.~
~~
Date: August25,2004
To: City Council
From: Kevin O'Malley, Director of Finance
Re: Change in eligibility for utility discount program
Our current resolution requires that the account holder and all residents must be participating in
one of the following programs: Supplementary Social Security Benefits, Title XX Program,
Family Investment Program, or the Food Stamp Program. There have been a few requests
from social service agencies that provide services for clients who meet the eligibility
requirements of the utility discount program except for the name of the account holder is the
social service agency. Attached is a copy of a recent request from Systems Unlimited.
The revised resolution would permit the residents to participate in the utility discount program. I
am recommending approval of the resolution.
\,J
if . ~'\
unlimìt~à ~\\
~ ~ ~ ~ me '00'" '" ".00. . 'OWo "w. 'OWo "'"' . ,.ow ",,,,.,,,, . ., ,,.,mM' . w~'o;.m,
CHANGING LIVES - ONE AT A TIME
August 10, 2004
Kevin O'Malley
410 E. Washington
Iowa City, IA 52240-1826
Dear Kevin,
I am writing you regarding our conversation on July 27, 2004. At that time I approached
you about how to get reduced rate water for some young boys I provide services to
through Systems Unlimited, Inc. At that time I was told that they were ineligible because
the water bill is in Systems Unlimited, Inc. name and not their own name. Because they
are minors and therefore cannot enter into contracts, the water bill cannot be in their
names, but they qualify based on all other requirements. All three boys receive both food
stamps and SSI benefits. Because their age and disabilities do not allow them to work,
they must live on a very limited income. Out of their SSI benefits alone they must pay
all their living expenses. Having reduced rate water would assist the boys' financial
situation significantly. They should not be disqualified simply because their ages do not
allow them to meet the technical requirements.
I would appreciate any and all attention given to this matter. I hope this issue can be
addressed and resolved with the Iowa City City Council. If you have any questions or
concerns, please contact me at 319-338-9212 x869.
Sincerely,
/
~~
Stacey Ament, Resource Coordinator, Systems Unlimited, Inc.
Nile:;! :S-Ç (1 \
()
)
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 04-240
RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
WHISPERING MEADOWS, PART TWO, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, tile line, and water main improvements for Whispering
Meadows, Part Two, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for Whispering Meadows, Part Two, as constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 31st day of August ,2004.
g._~t./. ~-- -
ayor
ATTEST: ~ ~ ~
City Clerk
Approved by:
Resolution No. 04-240
Page 2
It was moved by 0' Donne 11 and seconded by Elliott 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: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (SUB04-00007)
. RESOLUTION NO. 04-241
RESOLUTION APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION
OF LOT 77, WALDEN WOOD PART 6, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development Co., filed with the City Clerk of Iowa City, Iowa,
an application for approval of the preliminary plat of a resubdivision of Lot 77, Walden Wood Part
6; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, variations to the lot size and lot width requirements of the RS-8 zone have been
approved with approval of an OPDH-8 zone and preliminary Planned Development Housing Plan
for the property; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of a resubdivision of Lot 77, Walden Wood Part 6, Iowa City, Iowa, is
hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 31st day :æ: ,20~.
~d
._~4A/.
YOR
Approved by
ATTEST: ~.,f/ ~ c~ ~,.¡.
CIT LERK
It was moved by Champion and seconded by Elliott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
y. Vanderhoef
X Wilburn
ppdadmin\res\walden 77 prelim plat.doc
~
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City,IA 52240; 319-356-5240 (SUB04-00021)
RESOLUTION NO. 04-242
RESOLUTION APPROVING THE PRELIMINARY PLAT OF MACKINAW
VILLAGE, IOWA CITY, IOWA.
WHEREAS, Regency Land Company L.L.C., on behalf of the owner, Washington Park Partners,
filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of
Mackinaw Village; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Mackinaw Village, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 31 s t œy:þtv. ,20 04 .
;(vL
-
AYOR
Appr
ATTEST: ~Lt"~ ,f. ~
CI LERK
It was moved by Champion and seconded by 0' Donne 11 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
ppdadminlreslprelim mackinaw.doc
~!\ t-, I 08-31-04 , J
, ð
6
Prepared by: Mitchel T. Behr, Ass!. City Atty., 410 E. Washington 5!., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-243
RESOLUTION AUTHORIZING EXECUTION OF A CONSERVATION EASEMENT
AGREEMENT FOR PRESERVATION OF THE ENGLERT CIVIC THEATER.
WHEREAS, the City is selling the Englert theatre on contract to Englert Civic Theatre Inc;
WHEREAS, as a condition of receipt of $365,000 in financial assistance from the Iowa
Department of Cultural Affairs, the State is requiring that a 50 - year conservation easement be
placed on the property to ensure that it is rehabilitated and maintained in accordance with the
Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings; and
WHEREAS, the State is requiring that the City execute the easement agreement to ensure that
the City will be bound by the terms thereof if the City becomes the owner of the property again
by virtue of the contract with Englert Civic Theatre Inc; and
WHEREAS, Englert Civic Theatre Inc. has requested that the City execute the attached easement
agreement to enable them to obtain the financial assistance from the State; and
WHEREAS, following public hearing on the City Council's intent to approve said conservation
easement agreement, City Council finds that said easement agreement is in the public interest
and should be approved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council hereby approves in form and substance the attached conservation easement
agreement, and the Mayor and City Clerk are hereby authorized to execute the same.
Passed and approved this 31 s t day of AUQust ,20...M-.
¿.~ tP. ~L. -
YOR
ATTEST: ~~~C/(. ~ A7ii!fff~ ~
CIT . LERK City Attorney's Office ~ Ii.
(, tJyJ
Resolution No. 04-243
Page 2
It was moved by Ba il ey and seconded by Vanderhoef 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
Preparer: Michael H. Smith, Assistant Attorney General, PH: 515-281-5263; FAX 515-242-6072
IOWA DEPARTMENT OF JUSTICE, Lucas Building, Room 018, Des Moines, IA 50319
CONSERVATION EASEMENT AGREEMENT
FOR PRESERVATION OF THE ENGLERT CIVIC THEATER
INTRODUCTION. This conservation easement agreement is made
between Englert Civic Theatre, Inc., [Englert Civic Theatre] an Iowa
nonprofit corporation, as GRANTOR of a conservation easement, and the
Historical Division of the Iowa Department of Cultural Affairs ("Historical
Division"), as GRANTEE of the conservation easement. This conservation
easement agreement is entered under Iowa Code chapter 457 A for the purpose
of preserving the Englert Theatre, a building that is important culturally,
historically, and architecturally.
1. The Subiect Property. This agreement creates a conservation easement
in real estate legally described as The West 63 feet of Lot 2, Block 65, Iowa
City, Iowa. The Subject Property is the site of the Englert Theatre, located at
221 E. Washington St. in Iowa City, Iowa.
2. Grant of conservation easement. In consideration of the sum of
$365,000.00 received in financial assistance from the National Park Service of
the United States Department of the Interior, Englert Civic Theatre hereby
gránts to the Historical Division a conservation easement in the Subject
Property for the purpose of assuring preservation of the Englert Theatre
[hereinafter: "the Building"].
3. Easement reQuired for federalerant. This conservation easement is
granted as a condition of the eligibility of Englert Civic Theatre for the
financial assistance from the National Park Service of the United States
Department of the Interior appropriated from the Historic Preservation Fund for
the Save America's Treasures Grant Program by Public Law 106-113.
4. Conditions of easement:
a. Duration. This conservation easement is granted for a period of fifty (50)
years commencing on the date when it is filed with the Johnson County
Recorder.
b. Documentation of condition of the Building at time of grant of this easement.
In order to make more certain the full extent of Englert Civic Theatre's
obligations and the restrictions on the Subject Property, and in order to
document the nature and condition of the Building, including significant interior
elements in spatial context, a list of character-defining materials, features and
spaces is incorporated as Exhibit "A" at the end of this agreement. Englert
Civic Theatre has provided to the Historical Division architectural drawings
including floor plans. To complement Exhibit "A", Historical Division
personnel have compiled a photographic record, including photographer's
affidavit, black and white photographs and negatives, color digital prints,
photograph logs, and a keyed location map. Englert Civic Theatre agrees that
the nature and condition of the Building on the date of execution of this
easement is accurately documented by the architectural drawings and
photographic record, which shall be maintained for the life of this easement in
the Historical Division's conservation easement file for the Building.
c. Restrictions on activities that would affect historically significant
components of the Building. Englert Civic Theatre agrees that no construction,
alteration, or remodeling or any other activity shall be undertaken or permitted
to be undertaken on the Subject Property which would affect historically
significant interior spaces and features identified in Exhibit "A", exterior
construction materials, architectural details, form, fenestration, height of the
Building, or adversely affect its structural soundness without prior written
permission of the Historical Division affirming that such reconstruction, repair,
repainting, refinishing, rehabilitation, preservation, or restoration will meet The
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (hereinafter referred to as the "Standards").
d. Duty to maintain the Building. Englert Civic Theatre agrees at all times to
maintain the Building in a good and sound state of repair and to maintain the
Subject Property, including the Building, according to the Standards so as to
prevent deterioration and preserve the architectural and historical integrity of
the Building in ways that protect and enhance those qualities that make the
Building eligible for listing in the National Register of Historic Places.
2
e. Public access. Englert Civic Theatre agrees to provide public access to view
the grant-assisted work or features no less than 12 days a year on an equitably
spaced basis. At the option of Englert Civic Theatre, the relevant portions of
the Building may also be open at other times by appointment, in addition to the
scheduled 12 days a year. Nothing in this agreement will prohibit a reasonably
nondiscriminatory admission fee, comparable to fees charged at similar
facilities in the area.
I Right to inspect. Englert Civic Theatre agrees that the Historical Division,
its, employees, agents and designees shall have the right to inspect the Building
at all reasonable times, with twenty-four hours written notice, in order to
ascertain whether the conditions of this easement agreement are being observed.
g. Anti-discrimination. Englert Civic Theatre agrees to comply with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000 (d), the Americans with
Disabilities Act (42 U.S.c. 12204), and with Section 504 of the Rehabilitation
Act of 1973 (29 V.S.C. 794). These laws prohibit discrimination on the basis of
race, religion, national origin, or disability. In implementing public access,
reasonable accommodation to qualified disabled persons shall be made in
consultation with the Historical Division.
h. Transfer of easement by the Historical Division. The Historical Division
may, at its discretion, and without prior notice to Englert Civic Theatre, transfer
all or part of its rights and responsibilities contained in this easement to a third
party that is authorized by Iowa Code chapter 457 A to hold conservation
easements.
i. Easement shall run with the land; conditions on conveyance. This
conservation easement shall run with the land and be binding on Englert Civic
Theatre, its successors and assigns. Englert Civic Theatre agrees to insert an
appropriate reference to this easement agreement in any deed or other legal
instrument by which it divests itself of either the fee simple title or other lesser
estate in the Building, the Subject Property, or any part thereof.
j. Casualty Damage or Destruction. In the event that the Building or any part
of it shall be damaged or destroyed by fire, flood, windstorm, earth movement,
or other casualty, Englert Civic Theatre shall notify the Historical Division in
writing within 14 days of the damage or destruction, such notification including
what, if any, emergency work has already been completed. No repairs or
3
reconstruction of any type, other than temporary emergency work to prevent
further damage to the Building and to protect public safety, shall be undertaken
by Englert Civic Theatre without the Historical Division's prior written
approval indicating that the proposed work will meet the Standards. The
Historical Division shall give its written approval, if any, of any proposed work
within 60 days of receiving the request from Englert Civic Theatre. If, after
reviewing a written report prepared by a qualified preservation architect who
are acceptable to both parties, they agree that the restoration/reconstruction of
the property is impractical or impossible or agree that the purpose of this
easement would not be served by such restoration/reconstruction, Englert Civic
Theatre may, with the prior written approval of the Historical Division, alter,
demolish, remove, or raze one or more elements of the Building, or the
Building itself, and/or construct new improvements on the Subject Property.
The Historical Division shall give its written approval, if any, within 60 days of
receiving Englert Civic Theatre's request for approval. The parties may also
agree to extinguish this easement in whole or in part in accordance with the
laws of the State of Iowa.
k. Enforcement. The Historical Division shall have the right to prevent and
correct violations of the terms of this easement. If the Historical Division, upon
inspection of the property, finds what appears to be a violation, it may exercise
its discretion to seek injunctive relief in a court having jurisdiction. Except
when an ongoing or imminent violation will irreversibly diminish or impair the
cultural, historical and architectural importance of the Building, the Historical
Division shall give Englert Civic Theatre written notice of the violation and
allow thirty (30) days to correct the violation before taking any formal action,
including, but not limited to, legal action. If a court, having jurisdiction,
determines that a violation exists or has occurred, the Historical Division may
obtain an injunction to stop the violation, temporarily or permanently. A court
may also issue a mandatory injunction requiring Englert Civic Theatre to
restore the Building to a condition that would be consistent with preservation
purposes of the grant from the National Park Service. In any case where a court
finds that a violation has occurred, the court may require Englert Civic Theatre
to reimburse the Historical Division and the Iowa Attorney General for all the
State's expenses incurred in stopping, preventing and correcting the violation,
including but not limited to reasonable attorney's fees. The failure ofthe
Historical Division to discover a violation or to take immediate action to correct
a violation shall not bar it from doing so at a later time.
4
l. Amendments. The parties may by mutual written agreement jointly amend
this easement, provided the amendment shall be consistent with preservation
purpose of this easement and shall not reduce its term of duration. Any such
amendment shall not be effective unless it is executed in the same manner as
this easement, refers expressly to this easement, and is filed with the Johnson
County Recorder.
m. Effective date; severability. This conservation easement shall become
effective when Englert Civic Theatre files it in the Office of the Recorder of
Johnson County, Iowa, with a copy ofthe recorded instrument provided to the
Historical Division for its conservation easement file. If any part of this
conservation easement agreement is held to be illegal by a court, the validity of
the remaining parts shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the conservation agreement does
not contain the particular part held to be invalid.
GRANTOR: Englert Civic Th tre, Inc., an Iowa non-profit corporation
By:
Thomas Rosenberg , President, Board of Directors
STATE OF IOWA, JOHNSON COUNTY, ss: On this IS...Ji..dayof ;:}0 ~ ,2004, before me
the undersigned, a Notary Public for said State, personally appeared Thomas osenberger, to me
personally known, who stated that he is President of the Board of Directors of Englert Civic
Theatre, Inc., that no seal has been procured by said corporation, and that the foregoing instrument
was signed on behalf of said corporation by authority of its Board of Directors, and that as such
officer, he acknowledged that he executed the foregoing instrument as his voluntary act and the
voluntary act of the corporation.
......AL\ . TARA MARTIN c/-- J..Jê.
:~ Commission Number 715563
. . My Commission Expires. NOTARY PUBLIC FOR THE STATE OF IOWA
'0"''' March 18.2005
.
GRANTEE: a Department of Cultural Affairs, Historical Division
By:
Lowell J. Soike,
5
STATE OF lOW A, POLK COUNTY, ss: On the J:)-. day Of~, 2004, before me, a
Notary Public for said State, personally appeared Lowell J. Soike, 0 sta d that he is the duly
appointed and actively serving Deputy State Historic Preservation Officer in the Historical Division
of the Iowa Department of Cultural Affairs and that he executed the foregoing conservation easement
agreement as his voluntary act and as the voluntary act of the wa Department of Cultural Affairs.
Q-8.o/ø
CONSENT BY CITY OF lOW A CITY
The City ofIowa City, Iowa, as seller ofthe Subject Property under the real estate
contract dated November 8, 2000, filed January 5,2001 and recorded in Book 3028, Page
427, in the records ofJohnson County, Iowa, hereby consents to this easement agreement.
Attest: 71L~~ ,1(- ~
Marian Karr, City Clerk
STATE OF lOW A; JOHNSON COUNTY, SS: On this 31 s t day of August , 2004, before
me the undersigned, a Notary Public for said State, personally appeared Ernest W. Lehman and
Marian Karr, to me personally known, who stated that they are, respectively, the Mayor and City
Clerk of the City ofIowa City, Iowa, that the foregoing instrument was signed on behalf of said City
by authority of its City Council pursuant to the resolution adopted by majority vote of at its meeting
on the 31st day of August ,2004, and they acknowledged execution of the foregoing consent to
conservation easement agreement as their voluntary act and the voluntary act of the City ofIowa City,
Iowa.
~ SONDRAE FORT ~OY'I~ Ftrr-G
': ~ Commission Number 159791 NOTARY PUBLIC FOR THE STATE OF IOWA
My Commission Expires
IOWA -7 D
6
EXHIBIT "A" TO CONSERV A nON EASEMENT AGREEMENT
Englert Theater, Iowa City, Iowa
Save America's Treasures Site Visit for Preservation Easement
December 15, 2003
Ralph Christian, Barbara Mitchell, Jack Porter
To remain eligible for listing on the National Register of Historic Places, a property must be
able to convey its significance. The following character-defining materials, spaces, and
features have been identified as those that help convey the significance ofthe Englert
Theater.
Significant Interior Spaces and Features
Lobby
· Placement and configuration of arched openings in lobby
· Original or replacement wall, floor, and ceiling finishes, including original slate floor in
lobby
· Original or replacement ornamental plasterwork in lobby, including cartouches, scored
walls, and frieze
Auxiliary Spaces on the 2nd and 3rd Floors
· Original doors, windows, and associated hardware whether currently installed or
otherwise stored, including original one-over-one windows with eight-pane casement
interior stonns on 2nd and 3rd floors
· Original decorative woodwork on the 2nd and 3rd floors, including door/window casings
· Original radiators and radiator covers, whether currently installed or otherwise stored
· Original or replacement wall, floor, and ceiling finishes, including original diagonal
wood flooring throughout the 2nd floor apartment
· Original lighting fixture and shades in east room of 2nd floor apartment
· Original bath fixtures in bathroom of 2nd floor apartment, whether currently installed or
otherwise stored, should be retained if at all possible
· Original "St. Louis" fire doors between theatre auditorium and 3rd floor auxiliary rooms
Theater Auditorium and Stage House
· Overall volume of auditorium, particularly its small scale and low slope in the balcony
· Placement, configuration, and material quality of proscenium arch
· Design, material quality, and color of the circa 1926 asbestos fire curtain
· Original or replacement decorative or ornamental plasterwork in auditorium, including
rosette and fruited friezes, and domes underneath balcony
· Placement and configuration of arched doorways on either side of auditorium/stage
(openings into basement)
· "Richmond" fire doors into projection booth
· Original lighting fixtures, whether currently installed or otherwise stored, including:
. Lantern-like light fixtures on balcony
. Exposed bulb light fixtures on ceiling (circular 4-bulb fixtures)
7
. Line of exposed bulbs along edge of proscenium
· Overall volume and scale of stage house
· Original rear stage entry double door
· Placement and rhythmic quality of dressing room doors in basement corridor
· Historic lavatory doors on east end of row of dressing rooms
* Mural artwork dating to circa 1945, whether currently displayed or painted over should be
taken into consideration for all future rehabilitation work
Significant Exterior Spaces and Features
· Original or replacement construction materials and architectural details, including the
design, material quality, and color of the bricks, mortar joints, and the cornice
· Overall fonn, scale, and height ofthe building
· Fenestration pattern
· Spatial relationship to adjacent buildings and public spaces, including the sidewalk and
street
· Placement, configuration, design, and material quality of theatre marquee
· Original cornerstones with name/date engraving
8
Mh ~
{/
Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington S!., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-244
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 2608 INDIGO COURT TO A SECTION 8 PROGRAM
PARTICIPANT.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 2608 Indigo
Court, also known as Lot 76 in Whispering Meadows, Part Two; and
WHEREAS, a Section 8 program participant has offered to purchase the home at 2608 Indigo
Court for the principal sum of $103,000, which is the appraised value of the property; and
WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership
of their own home; and
WHEREAS, on August 3, 2004, the City Council adopted a Resolution declaring its intent to
convey its interest in 2608 Indigo Court, authorizing public notice of the proposed conveyance,
and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 2608 Indigo Court, legally
described as Lot 76 in Whispering Meadows, Part Two, Iowa City, Iowa, to a Section 8
program participant.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this 31st day of A""£/-' 2: ~
-MAYOR k. ~ -
Approved by
ATTEST: ~-A,-u.JI!. ~~ ~~ ~ - (~-....v
CITY ERK City Attorney's Office
Resolution No. 04-244
Page 2
It was moved by Wi 1 burn and seconded by Vanderhoef 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
M~ crJ
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 04-245
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OAKLAND
CEMETERY SEWER SEPARATION PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications. form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing thereon
held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids
for the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 1 0:30 a.m. on the 13th day of September,
2004, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Council Chambers, City Hall, Iowa City, Iowa, at 7:00 p.m. on
the 14t1i day of September, 2004, or if said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City Clerk.
Passed and approved this 31st ~ t./. ,2004.
~d
ayor
ATTEST: .~~~ -F -i/-uJ ~~'+
City Clerk
Resolution No. 04-245
Page 2
It was moved byO I Donnell and seconded by Champion 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
(V\t~ I 08.~ -04 1
Prepared by Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356-5232
RESOLUTION NO. 04-246
RESOLUTION AUTHORIZING APPLICATION TO THE IOWA DEPARTMENT OF
CULTURAL AFFAIRS FOR CERTIFICATION OF THE IOWA CITY CULTURAL
DISTRICT FOR AT LEAST 10 YEARS.
WHEREAS, a cultural district is a well-recognized, labeled, mixed-use, compact area of a city in
which a high concentration of cultural facilities serves as the anchor; and
WHEREAS, such cultural districts are an asset in themselves to the vitality and economic health
of a city; and
WHEREAS, the designation and certification of such districts enables the use of the district as
a tool to attract residents and tourists and the economic stimulus that ensues; and
WHEREAS, a cultural district within Iowa City has been outlined, researched for cultural assets
and designated to enable the development of a public-private partnership to support said
district; and
WHEREAS, this district shall be known as the Iowa City Cultural District; and
WHEREAS, the Iowa City/Coralville Convention and Visitors Bureau Executive Board has
signed a resolution of support for said Cultural District and,
WHEREAS, the Iowa Department of Cultural Affairs will be petitioned to certify said Cultural
District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY THAT THE CITY:
1. Endorses the submission of this application and agrees to continue to participate in the
development and support of the cultural assets and activities that make up the Iowa City
Cultural District.
2. Endorses the goal of economic development of said Cultural District.
3. Continues to endorse the preservation and rehabilitation of historic buildings within the
District as one of its main cultural assets.
4. Will appoint a Council member to represent the city on the Board of the Iowa
City/Coralville Convention and Visitors Bureau, which will be the governing board of said
Cultural District.
5. By this action, directs city staff to actively support and cooperate with the governing
board to develop and maintain said Cultural District.
6. By this action, encourages all residents of the city and especially those citizens who own
property or businesses within said Cultural District to support, promote and help maintain
activities and events in said district.
Resolution No. 04-246
Page 2
7. The Mayor is authorized to sign and the City Clerk to attest this resolution and submit
application to the Department of Cultural Affairs for certification of the Iowa City Cultural
District.
Passed and approved this 31st day of
ATTEST:~AA'~~ 0)(. ~ ApLLOzL f- ;;>.-J-{) Y
CI LERK City Attorney's Office
It was moved by Sa il ey and seconded by o I Donne 11 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
Ppddir/reslcultdistápp-resfonn.doc
M I, I::TI:J
Prepared by: Kevin L. Doyle, Ass'!. Transportation Planner, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 04-247
RESOLUTION RESCINDING RESOLUTION NO. 04-192 AND AUTHORIZING
THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS
FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR AN
INTERSECTION IMPROVEMENT PROJECT AT THE INTERSECTION OF
GILBERT STREET AND PRENTISS STREET AND BOWERY STREET.
WHEREAS, the intersection of Gilbert Street and Prentiss Street and Bowery Street has been
identified as a high collision intersection; and
WHEREAS, the Engineering Division has revised the original estimated cost to correct the
problem by constructing left-turn lanes on the north and south approaches of Gilbert Street to
$690,OOO;and
WHEREAS, the Iowa Department of Transportation has traffic safety funds available, up to
$500,000 per project, for which this project qualifies; and
WHEREAS, Resolution No. 04-192 should be rescinded and in lieu thereof, an application should
be made for the maximum funds available for this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Resolution No. 04-192 is hereby rescinded.
2. The City Council of Iowa City, Iowa, authorizes the application to the Iowa Department of
Transportation for Traffic Safety Improvement Funds for the Intersection Improvement
Project at Gilbert Street and Prentiss Street and Bowery Street in the amount of $500,000.
Passed and approved this 31st day of August , 20....,QL.
~~ ~. -
MAYOR
Approved by
ATTEST:~ ,=J: ~ !Jttd cZ£-r ~~~/O'~
CI LERK City Attorney's Office
It was moved by Champion and seconded by Vanderhoef 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
jccogtplres'9ilbertyrentiss_bowery.doc