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HomeMy WebLinkAbout1996-09-24 ResolutionRESOLUTION NO. 96-267 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307, TO BE USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary of Transportation to provide grants for mass transportation projects; and WHEREAS, if the City receives a grant from the U.S. Department of Transportabort, the contract for financial assistance will impose certain obligations upon the City, including the obligation to provide the local share of projects costs; and WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department of Transportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C. requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of 1964 and the Depadment of Transportation's requirements under Title 53 U.S.C.; and WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent possible in conjunction with this project, and to establish and administer definitive procedures to ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete for contracts when the City procures construction contracts, supplies, equipment contracts, consultants or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to execute and file an application with the U.S. Department of Transportation, on behalf of the City of Iowa City, to aid in financing the City's transit operations pursuant to 49 U.S.C. {}5307. The City Manager is authorized to execute and file with said application the required assurances and any other documents required by the U.S. Department of Transporta- tion to satisfy the requirements of Title VI of the Civil Rights Act of 1964. The City Manager, or the Johnson County Council of Governments (JCCOG) Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Manager's representative, are authorized to furnish such additional information required by the Department of Transportation in connection with said application. The City Manager is authorized to develop and execute affirmative disadvantaged business policies with respect to the project and the project's procurement needs. Resolution No. 96-267 Page 2 The City Manager is authorized to execute grant agreements with the U.S. Department of Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and capital improvements. Upon approval of the grant application, the grant agreements may be sent directly to JCCOG. Passed and approved this 24th day of September ,1996. ATTEST: /~.~,~-~ CITY CLERK It was moved by Kubby be adopted, and upon roll call there were: City Attorney's Office and seconded by Lehman AYES: NAYS: ABSENT: X X X X the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef jccogtp\fta~Jowa.res Prepared by Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240; 319-355-5246 RESOLUTION NO. 96-268 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'i'EST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 723 OAKLAND AVENUE, IOWA cl'rY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Rehabilitation Agreement, and Life Lien executed by the owners of 723 Oakland Avenue on November 30, 1990 and recorded in Book 1193, Pages 1 thru 5 in the Johnson County Recorder's Office covering the following described real estate: The North 55 feet of the South 110 feet of Lots 10 and 11, A. E. Swisher's Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the City's lien totals $3,085.00; and WHEREAS, First National Bank, Iowa City, Iowa proposes to loan the sum of $66,000 to owners of 723 Oakland Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the proposed mortgage in order to induce First National Bank to make such a loan; and WHEREAS, First National Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to First National Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and First National Bank, Iowa City, Iowa. Passed and approved this 24th day of September ,1996. ATTEST:/~~ CITY CLERK City Attorney's Office ,31/ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and FIRST NATIONAL BANK of IOWA CITY herein the Financial Institution. ' WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 3,085.00 and was executed by STEVE TREFZ AND NANCY TREFZ (herein the Owner), dated NOVEMBER 30 , 19 90 recorded DECEMBER 20 19 90, in Book 1193, Page 1-5 , Johnson County Recordef's Office, covering the following-described real property: THE NORTH 55 FEET OF THE SOUTH 110 FEET OF LOTS l0 AND 11, A.E. SWISHER'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 142, PLAT RECORDS OF JOHNSON COUNTY, IOWA. % WHEREAS, the Financial Institution proposes to loan the sum of $ 66,000.00 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 rehabilitation loan 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 mutuaJ covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan 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. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. SUBORDINATION AGREEMENT Page 2 By 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 ..~.-H,t . day of CITY OF IOWA CITY Attest: Mayor A, FINANCI,~INSTITU""IONA ~ LY~ ROWAT, VICE PRESIDENT CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z~ day of ~-f.,,,~.~. ~ ,199~, before me, the undersigned, a Notary Public i~and for the State of Iowa, personally ~peared N~ ~ ~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and Ci~ Clerk, respec~vely, of the Ci~ of Iowa Cid, Iowa; that the seal affixed to the foregoing instrument is the co.orate seal of the co~oration, and that the instrument was signed and sealed on behalf of the co~oration, by authority of its City Council, as contained in (Or~inan¢~ (Resolution) No. ~ - ~ passed (the Resolution adopted) by the Ci~ Council. under Roll Call No. ~ of the City Council on the ~ day of ~.~ ,19 e~ , ~d that ~: ~ ~,;~ and Marian K. Karl acknowledged the execution of the instrument to be t13eir volunta~ act and deed and the volunta~ act and deed of the co~orafion. by it voluntarily executed. Cl~ ~o~ e ~1:8¢ Nota~ Public in and for the State of Iowa STATE OF iOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of SEPTE1KBER undersigned, a Notary Public in and for the DUANE SWARTZENDRUBER and LYNN ROWAT ,A.D. 19 96 , before me, the State of Iowa, personally appeared , to me personally known, who SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the ViCE PRESIDENT VICE PRESIDENT and , 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 "ma~E SWA~TZE~ROBER and__ LYNN ROWAT 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. MARGARET J. DOERGE Notary P,~bhc in a~ for'th(~ St~'o~ Iowa Prepared by: Jeff McClure, Public Works, 410 E. Washington St,, Iowa City, IA 52240 (31 9)356-5138 RESOLUTION NO. 96-269 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 1/GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 1/Gilbert Street Intersection Improvement Project as included in a contract between the City of Iowa.City and Streb Construction, Inc. of Iowa City, Iowa, dated April 1, 1996, 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 IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ?4th day of c, pl~fpmh~r , 1996. Approved by ey s Office It was moved by Kubb.y and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X X .X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY Sept. 4,1996 Honorable Mayor and City Council Iowa City, Iowa RE: Highway 1/Gilbert Street Intersection Improvement Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Highway 1/Gilbert Street Intersection Improvement Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $637,893.09. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richar//d~A. Fosse, P.E. City Engineer Contact Person: Linda Newman Woito, City Attorney. 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 96-270 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MAIN STREET PARTNERS, AN IOWA PARTNERSHIP, FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF COLLEGE AND GILBERT STREETS IN IOWA CITY, IOWA, WHEREAS, Main Street Partners, an Iowa Partnership, is the fee owner of certain real estate described as Lots 1 and 2 and the east 25 feet of Lot 3, all in Block 63, Original Town in Iowa City, Iowa; and WHEREAS, Main Street Partners, an Iowa Partnership, hereafter "Owner", will be undertaking construction of a new apartment building located in Iowa City, Iowa on real estate legally described as Lots I and 2 and the east 25 feet of Lot 3, all in Block 63, Original Town; and WHEREAS, Owner's construction will take place adjacent to their property along the south edge of College Street and the west edge of Gilbert Street, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City also permit the temporary closure of portions of the sidewalk on the south side of College Street between Gilbert and Linn Streets and on the west side of Gilbert Street between Burlington and College Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right of way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of College Street between Gilbert and Linn Streets, and on the west side of Gilbert Street between College and Burlington Streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, an agreement for the temporary use of the College and Gilbert Streets public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owner's property along the south edge of College Street and the west edge of Gilbert Street in Iowa City, Iowa in order to assure a safe construction site for the construction of an apartment building, and thereby insure public safety. Such temporary sidewalk closing shall take effect beginning September 25, 1996 and end upon substantial completion of the construction, but no later than August 1, 1997. Resolution No. 96-270 Page 2 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Main Street Partner's expense. Passed and approved this 24th day of September , 1996. CITY~CLERK MAYOR City Attorney's Office It was moved by Kubby and upon roll call there were: AYES: X X X X X X and seconded by NAYS: Lehman ABSENT: the Resolution be adopted, Baker Kubby Lehman Norton Novick Thornbarry Vanderhoef Contact Person: Linda Woito, 410 E. Washington Street, Iowa City, IA 52240; (319)356-5030 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MAIN STREET PARTNERS, AN IOWA PARTNERSHIP, FOR PORTIONS OF COLLEGE AND GILBERT STREETS, IOWA CITY, IOWA This Agreement is made by and between Main Street Partners, an Iowa Partnership, hereinafter referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate described as Lots 1 and 2 and the east 25 feet of Lot 3, all in Block 63, Original Town in Iowa City, Iowa; and WHEREAS, Owner will be undertaking construction of a new apartment building located in Iowa City, Iowa on real estate legally described as Lots 1 and 2 and the east 25 feet of Lot 3, all in Block 63, Original Town; and WHEREAS, Owner's construction will take place adjacent to their property along the south edge of College Street and the west edge of Gilbert Street, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City also permit the temporary closure of portions of the sidewalk on the south side of College Street between Gilbert and Linn Streets and on the west side of Gilbert Street between Burlington and College Streets; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of College Street between Gilbert and Linn Streets, and on the west side of Gilbert Street between College and Burlington Streets, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and NOW, THEREFORE, in mutual consideration of the promises herein, Owner and the City agree as follows: 1. Owner is the fee owner of certain real estate described as Lots 1 and 2 and the East 25 of Lot 3, all in Block 63, Original Town in Iowa City, Iowa, and Owner will be undertaking construction of a new apartment building located on this property along the south edge of College and the west edge of Burlington Street. In order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic, Owner has 2 requested the City permit the temporary closure and use of portions of the sidewalk right-of* way on the south side of College Street between Gilbert and Linn Streets, and the west side of Gilbert Street between Burlington and College Streets. 2. In consideration of the City's permission herein to temporarily close a City sidewalk during the construction of the apartment building as described in paragraph 1 above, Owner agrees to secure its construction site against pedestrian and public traffic by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. 3. In consideration of Owner's promises herein, the City agrees to allow Owner to temporarily close a portion of the sidewalk right-of-way along the south side of College Street between Gilbert and Linn Streets and the west side of Gilbert Street between Burlington and College Streets adjacent .to their property. 4. Owner agrees to provide, keep in place, and maintain in good working condition certain signage necessary to do the following: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 5. Owner agrees to abide by the requirements set forth by the City Forester in Exhibit A attached hereto, in order to safeguard the condition and preservation of trees located within City right-of-way adjacent to Owner's property along the north side of College Street between Gilbert and Linn Streets, and the west side of Gilbert Street between Burlington and College Streets. Owner further agrees to notify the City Forester prior to any excavation work in said right-of-way in order to assess the course of action to be taken to minimize any damage to tree root system. 6. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owner's use of the public right of way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close a sidewalk adjacent to their property along College and Gilbert Streets as described herein. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, ~,1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance of said valid insurance coverage to City, which certificate must be satisfactory to the City. 7. After the apartment building construction is complete, Owner agrees to restore any and all portions of the sidewalk right-of-way to its pre-construction condition, to the City's complete satisfaction. City and Owner agree this Temporary Agreement shall be in effect beginning September 25, 1996and end upon substantial completion of the work, but no later than August 1, 1997. 3 8. Notwithstanding the above, Owner agrees to cease and desist their temporary use and closure of the public sidewalk right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of- way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to Owner. If Owner fails to remove any obstructions, barricades or signage from the public right-of-way as required in this paragraph, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). 9. Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstandin0 paragraph eight (8), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions. 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this I~~ day of ,~r~3[-~w~o ~ , 1996. CITY OF IOWA CITY, IOWA Nac[mi J. ~1ov~ck, Mayor Attest: ~~. ~ Marian K. Karr, City Clerk Loretta Clark A~roved by: City Attorney's Office 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ?_~/ day of ~._.~.. 19 9~' , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority.of its City Council, as contained in Resolution No. ~¥.- Z?O passed by the City Councd, on the ~.¥ ~ day of he~ex~e~,~,. , ,19 ~, , and that Naomi J. Novick and Marian K. Karr acknowledged t e execution or the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~c~ day of ~',.~ , 19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~"~-Cl~t~ ~-~'~['~ ~_.~z{¢~c_ , to me personally known, who being by me duly sworn, did say that the person is one of the partners of ¥Y~c~{~ ~'t~t.~' ~o,¢'¥r~r~ , an Iowa General/Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Publid~in~nl~ljor the State of Iowa September 6, 1996 Jim Clark Main Street Partners 414 E. Market Street Iowa City, IA 52240 CITY OF I0 WA CITY PARKS & RECREATION DEPARTMENT Dear Jim: As we discussed on Thursday, please take the following steps to ensure the health of the trees at the Old Library lot during construction. Contact Quality Care to have them drill and fill aeration holes around trees. Cover the parking area with wood chips either from City supplies or from Quality Care. Erect a temporary construction fence around each tree. The fence will be established from curb to sidewalk and 9 feet in each direction east and west of the trees parallel to College Street. This should leave a 30 foot opening between each tree for construction access. Instruct Quality Care to contact me about pruning limbs prior to commencement of construction. Thank you for your concern about the trees; I hope we can save them. If you have any questions call me at 356-5106. Sincerely, Terryl ~ Robinso . . City Forester/Horticulturist TLR/mk PHONI~ (319)356-$100 FAX (319)356-5487 RESOLUTION NO. 96-271 RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESS- MENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY96. WHEREAS, the Public Housing Management Assessment Program (PHMAP) implements Section 502(a) of the National Affordable Housing Act of 1990 (NAHA) and evaluates the pedormance of public housing agencies (PHAs) in major areas of management operations; and WHEREAS, the Department of Housing and Urban Development (HUD) requires approval by formal resolution of the executed Certification which is in compliance with federal regulations; and WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHMAP Certification be approved. Passed and approved this 24th day of September ,1996, ATTEST: Ci CL'~~RK ~' ~ MAYOR ~- (./ A ve y City Attorney's Office It was moved by Kubb.y and seconded by adopted, and upon roll call there were: Lehman the Resolution be hisas st'vph rnapc~Lr e S AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESS- MENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY96. WH EREA .~, the Public Housing Management Assessment Pro, 502(a) National Affordable Housing Act of 1990 (NAHA) and of ~ ~g agencies (PHAs) in major areas of managemen implements Section performance )erations; and WHEREAS, the formal resolution of Housing and Urban Developr executed Certification which is in corn (HUD) requires approval by ulations; and WHEREAS, it is in the Housing Program. interest of the City of Iowa participation in the Public NOW, IOWA, in its capacity as the approved. of Iowa City Hous IUNCIL OF THE CITY OF IOWA CITY, Authority that the PHMAP Certification be Passed and approved this ,1996. ATTEST: CI'P,~ CLERK City Attorney's Office It was moved by adopted, and upon roll call th were: A AYS: and seconded by~ ABSENT: the Resolution be Baker L~ee°br°witz by q an Novibm, Pigott Throgmort~, Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, (319) 356-5030 RESOLUTION NO. 96-272 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC WALKWAYS FOR VILLAGE GREEN SOUTH, PART 4A, IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Village Green South, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider") entered into a City-Subdivider Agreement for Village Green South, Pad 4A, Iowa City, Iowa, recorded December 29, 1993 in Book 1681, Pages 318-324 and 334-336 of the Johnson County Recorder's Office; and WHEREAS, the same parties entered into a Conditional Zoning Agreement recorded on June 29, 1993 in Book 1569, Page 280 of the Johnson County Recorder's Office; and WHEREAS, the above referenced City-Subdivider Agreement and Conditional Zoning Agreement for Village Green South, Part 4A obligate, as a covenant running with the land, the Subdivider to construct pedestrian walkways on Outlot A in the Development; and WHEREAS. the City does not ordinarily release a development from the construction requirements relating to improvements until the City Engineer cedifies that the public improvements are complete and acceptable; and WHEREAS, in the interim, a lien remains on all the lots in Village Green South, Part 4A, with a cloud on the titles to all lots in said development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to the lots in said development, while protecting the City by reason of the lien attaching to established escrow funds, said escrow funds to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for construction, maintenance, access and other requirements of the City-Subdivider Agreement and Conditional Zoning Agreement would continue in full force and effect. in order to protect the interests of both parties. Resolution No. 96-272 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Partial Release Agreement concerning walkways for Village Green South, Part 4A, in order to protect local property values. The Council finds that transferring the above*referenced real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement Concerning Walkways for Village Green South, Part 4A, a copy of which is attached hereto. The City Clerk is hereby authorized and directed to record this agreement in the Johnson County Recorder's Office at the Subdivider's expense. Upon certi~cation from the City Engineer that construction of the pedestrian walkways has been satisfactorily completed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Kubby and seconded by be adopted, and upon roll call there were: Lehman the Resolution AYES: X X -X X X NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Passed and approved this 24th day of September ,1996. ATTEST: ~ CITY CLERK MAYOR Prepared by: Dell A. Richard; 150 East Court Street, Suite 101, Iowa Civ/, Iowa 52240; 319/354-9592 PARTIAL RELEASE AGREEMENT CONCERNING WALKWAYS VILLAGE GREEN SOUTH, PART 4A IOWA CITY, IOWA This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereafter "the City") and Village Green South, L.C., an Iowa Limited Liability Company (hereafter "Subdivider"). IN CONSiDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The parties acknowledge that by reason of a Subdivider's Agreement for Village Green South, Part 4A, Iowa City, Iowa, recorded December 29, 1993, in Book 1681, Pages 318- 324 and 334-336, and by reason of a Conditional Zoning Agreement recorded on June 29, 1993 in Book 1569, Page 280, Subdivider is obligated to construct walkways on Outlot A as required by the City and as a benefit to the subdivisions. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $6,600.00, has been placed in escrow with the City for Village Green South, Part 4A. The parties further acknowledge that this escrow is being retained by the City pending completion of the walkways as certified by the City Engineer. 3. The City acknowledges that construction of the walkways herein is underway, but that final release of the walkways by the City is not yet appropriate. For this reason, the Conditional Zoning Agreement and Subdivideifs Agreements constitute a lien and cloud upon the Property. 4. In consideration of the City's release of its lien on the Property, Subdivider agrees that the lien on the Property will be transferred to and shall immediately attach to the escrow for this property and that this lien shall remain attached to the escrow until such time as the walkways located in Outlot A of Village Green South Part 4A have been completed. At such time, the City will issue a final release to the Subdivider for recordation. 5. Subdivider agrees that said escrow will be retained until all work on the walkways has been completed and the walkways are finally released by the City as provided above. 6. In consideration thereof, the City does hereby release Village Green South, Part 4A from any lien or cloud now placed on the title to the above Property for the purposes stated in paragraphs 1 through 4 above, and arising out of the agreements referenced in paragraph 1 above. 7. This Partial Release Agreeinent shall not be construed as a release of Subdivider's obligations to complete the walkways and the site work incident thereto, which obligations shall remain the subdivideifs responsibility until the walkways have been completed and finally released by the City. Nor shall this Partial Release Agreement in any way alter, amend or modify the Page 2 Conditional Zoning Agreement and Subdivideifs Agreements recorded in the Johnson County Recorder's Office as provided in paragraph 1 above, except as provided in this agreement. Dated this 24thday of September, 1996 VILLAGE GREEN SOUTH, L.C. CITY OF IOWA CITY, IOWA s R. Anderson, Manager Robert R. Phipps, Manager By: By: Naomi ~ovtck, Mayor Marian K. Karr, City Clerk Approved by Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~day of September, 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared James R. Anderson and Robert R. Phipps to me personally known, who being by me duly sworn did say that they are the managers of Village Green South, L.C., a limited liability company, that no seal has been procured by said limited liability company, and that said insu'ument was signed on behalf of said limited liability company by authority of its managers and the said managers acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by them voluntarily executed. ],a$~.¢, J KATI KENNEDY BROWN ~,~, T I ~Y C~MlSS~ow Ex~nn Notary Public if,-.afid for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z~/ day of September, 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi Novick 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 foregoing instrument; that the seat affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City councL1 of said municipal corporation; and that Naomi Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa F:\WP\DD\VILLG RSO~PARTWALK.REL PARTIAL RELEASE AGREEMENT CONCERNING WALKWAYS VILLAGE GREEN SOUTH, PART 4A IOWA CITY, IOWA This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereafter "the City") and Village Green South, L.C., an Iowa Limited Liability Company (hereafter "Subdivider"). IN CONSIDERATION PARTIES AGREE AS THE MUTUAL PROMISES CONTAINED THE 1. The parties acknow Green South, Part 4A, Iowa City, 324 and 334-336, and by reason of: in Book 1569, Page 280, Subdivider is by the City and as a benefit to the obligation is deemed a covenant tunain that by reason of a Subdivider's recorded December 29, 1993, in Zoning Agreement to construct walkways The parties the land. Pages 318- on June 29, 1993 Oufiot A as requked acknowledge thatthis 2. The parties C' :/' for Village Green South, Part 4A. The retained by the City pending completion of ~ walkways in escrow with the City that this escrow is being the City Engineer. 3. The City acknowledges that that final release of the walkways by the Conditional Zoning Agreement and Subdivider's Property. walkways herein is underway, but yet appropriate. For this reason, the lien and cloud upon the 4. In consideration of the City's: that the lien on the Property will to this property and that this lien shall: located in Outlot A of Village Green ~ Part 4A will issue a final release to for its lien on the Property, Subdivider agrees immediately attach to the escrow for escrow until such time as the walkways completed. At such time, the City 5. Subdivider has been completed and the said escrow will be 1 work on the walkways are finally released b the City as provided above. 6. In consider thereof, the City does hereby r~[ease X/illage'Green South, Part 4A from any lien or cloud ~laced on the title to the above PrO,perry for the purposes stated in paragraphs I through 4 e, and arising out of the agreements referenced in paragraph 1 above. / ~ 7. This Pa~ial Release Agreement shall not be construed as'~ release of Subdivideifs obligations to compl/ofe the walkways and the site work incident thereto, '~,hich obligations shall remain the suMiv~ide' r's responsibility until the walkways have been complet~ and finally released by the City. Nor shall this Partial Release Agreement in any way alter, altoend or modify the \ DRAFT Page 2 Conditional Zoning Agreement and Subdivider's Agreements recorded in the Johnson County Recorder's Office as provided in paragraph 1 above, except as provided in this agreement. Dated this ~ day of ,1996 VILLAGE GREEN L,C, By: James R. Anderson By: Robert R. Phipps, Manager CITY OF IOWA CITY, IOWA By: ~ aomi Novick, Mayor ? / Marian K. Karr, City Clerk Approved by City Attorney's Office DRAFT Page 3 STATE OFIOWA ) ) JOHNSON COUNTY ) SS: On this __ day of Public in and for the State of Iowa to me personally known, who Village Green South, L.C., a limited liability company, company by authority of its managers instrument to be the voluntary act voluntarily executed. ,1996, before me, t James R. by me duly sworn did say liability company, that instrument was Sl said managers a Notary R. Phipps are the managers of has been procured by said of said limited liability ged the execution of said by it and by them for the State of Iowa STATE OF IOWA ) / ) ss:/ JOHNSON COUNTY ) ...' $ / On this day of / 1996, before me, the undersigned, a Notary Public in and for the State of Iowj{, personally app~. areal Naonfi Novick and Marian K. Karr, to me personally known, w.h.o, l~.~fi.g by me duly swo~, did say that they are the Mayor and City Clerk, respectively, of stud m .ufiic]pal..co .rporation ex6cuting the foregoing instrument; that the seal affixed thereto is the seal of s~id mumc~pal corporation; that said instrument was signed and sealed on behalf of said mu~i.'cipa4.~orporation by authority o~ City council of said municipal corporation; and that Naomi Novink j~hd Mari~ K. ~ acknov~ledged the execution of said instrument to be the voluntary act an/g deed of sa,d mumc]pal corpd[ation and by them voluntarily executed. / F:~WPt DD\V ILL?.~S/O~ PARTWALK-REL Notary Pub~ in and for the State of Iowa Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29 ACRE, 53-LOT RESIDENTIAL SUBIDIVlSON LOCATED SOUTH OF GALWAY DRIVE AND EAST OF HIGHWAY 218, IOWA CITY, IOWA WHEREAS, the owner, DAV-ED, Ltd., filed with the City Clerk the final plat of Galway Hills, Part Three, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of the North- east Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°35'03"W, along the South Line of said South- west Quarter of the Northeast Quarter, 400.92 feet, to the Point of Beginning; Thence Continuing S89°35'03"W, along said South Line, 359.50 feet, to its intersection with the Northeasterly Right-of-Way Line of Iowa Primary Road 518 (218); Thence N47°13'lS"W, along said Right-of-Way Line, 2019.01 feet; Thence N42°41'26"E, 54.27 feet, to the Southwest Corner of Lot 63, of Galway Hills Subdivision, Part Two, in accordance with the Plat thereof Record- ed in Plat Book 35, at Page 269, of the Records of the Johnson County Recorder's Office; Thence N74°31'39"E, along the Southerly Line of said Galway Hills Subdivision, Part Two, 140.05 feet; Thence Southeasterly, 99.82 feet, along said Southerly Line, on a 179.64 foot Radius Curve, concave North- easterly, whose 98.54 foot chord bears S31 °23'28"E; Thence S47° 18'34"E, along said Southerly Line, 19.93 feet; Thence N42 °41 '26"E, along said South- erly Line, 101.30 feet; Thence S86°03'50"E, along said Southerly Line, 173.05 feet; Thence N67°38'08"E, along said Southerly Line, and the Souther- ly Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 229.05 feet; Thence S69° 19'31 "E, along the South- erly Line of said Galway Hills Subdivision, Part One, 46.99 feet; Thence S05°10'54"W 303.98 feet; Thence S37°17'47"E, 52.88 feet; Thence S54°13'20"E 62.06 feet; Thence S57°29'55"E, 60.96 feet; Thence N80°37'27"E 226.45 feet; Thence N64°28'O9"E, 35.00 feet; Thence S89°40'41"E 108.05 feet; Thence N64°52'30"E, 127.01 feet; Thence S05°26'24"E 128.10 feet; Thence S17°18'04"E, 396.07 feet; Thence S30°34'46"E 153.93 feet; Thence S13°15'37"E, 111.42 feet; Thence N76°44'23"E 12.88 feet; Thence S13°15'37"E, 185.00 feet; Thence N76°44'23"E 170.00 feet; ThenceS13°lS'37"E, 295.98feet, tothePoint of Beginning. Said Tract of Land Contains 21.29 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk is hereby further authorized to record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the owner's expense. Passed and approved this day of , 1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR l)pdadmin'~gah~ay3.res and seconded by Approv~ by~ Ci~t t~o(r n e ~/,fi c e ~. / _~ the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef PIEELAN, TUCKER, MULLEN, WALKER, TUCKER & GELMAN, L.L.R AT~3RNEYS AT LAW 321 EAST IVlARg;E1' P.O. BOX 2150 IOWA C1TY, IOWA 52244 September 24, 1996 LOUIS Si-I~YLIviAN (1908-1982) FAX: (~) 3~.~62 TffLEPHONE: (319) 354-1104, Mayor, City of Iowa City Members of the Iowa City Council 410 East Washington Street Iowa City, IA 52240 Re: Galway Hills Part 3 - Final Plat Dear Ms. Novick and Members of the Council: The undersigned, DAV-ED Limited, hereby agrees to an extension of the 60 day period within which the Council is required to either approve or disapprove the Final Plat of Galway Hills Part 3 to October 15, 1996. The undersigned requests that time be allocated at the Council's Informal Meeting on October 14, 1996, to discuss an issue relating to an Easement Agreement applicable to the property and its impact on a proposed sewer tapping fee. DAV-ED~ Limited Charles A. Mulleh,.._Attorney '--- Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5243 RESOLUTION NO. 96-273 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WOOD- LAND RIDGE, PART ONE, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Jeffrey Maxwell, filed with the City Clerk the extraterritorial final plat of Woodland Ridge, Part One, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Beginning at the Southwest Corner of the Southwest Quarter of Section 28, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00°00'00"E, {an assumed bearing) along the West Line of said Southwest Quarter 861.66 feet; Thence S89°56'46"E, 855.95 feet; Thence N00°49'56"W, 212.48 feet; Thence N85°23'34"E, 1411.39 feet, to the Westerly Right-of-Way Line of U.S. Primary Road No. 218; Thence S23°55'15"E, along said Right-of-Way Line 525.60 feet; Thence S19°17'58"W, along said Right-of-Way Line 378.40 feet; Thence S49°59'15"W, along said Right-of-Way Line, 221.30 feet; Thence, S30°01'15"W, along said Right-of-Way Line, 251.10 feet, to the South Line of said Southwest Quarter; Thence N89°42'lS"W, along said South Line 2,052.64 feet to the Point of Beginning. Said tract of land contains 55.35 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995), and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 97-273 Page 2 The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. Further, the City Clerk is hereby authorized and directed to record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the owner/subdivider's expense. Passed and approved this 24th day of September ,1996. RK ' or ney'~fce ~./~ _d~) It was moved by Th0rnberry and seconded b~---~ Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB96-O017. Woodland Ridge, Part One GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: Prepared by: Scott Kugler Date: August 15, 1996 Jeffery Maxwell 29 Commercial Drive Iowa City, IA 52246 Phone: 354-5858 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 19-1ot, 4-outlot residential subdivision East side of Dane Road at its intersec- tion with Osage Street 55.95 acres The property contains one residence, located on proposed Lot 19; RS, Subur- ban Residential North: Agricultural, RS; East: Highway 218, RS; South: Argicultural, A1; West: Agricultural, RS This area is not addressed in the Com- prehensive Plan or the current Fringe Area Agreement. It was formerly with- in the Hills extra-territorial review area, but is now subject to review by Iowa City as a result of a 28E agreement negotiated last year. Chapter 14-7, Land Subdivisions July 23, 1996 45-day limitation period: September 6, 1996 60-day limitation period: September 20, 1996 BACKGROUND INFORMATION: The applicant, Jeffery Maxwell, is requesting final plat approval of Woodland Ridge, Part One, a 55.95 acre, 19-1ot residential subdivision located in Johnson County on the east side of Dane Road at its intersection with Osage Street. The preliminary plat for this subdivision was approved by City Council in April of 1996, and contained 20 lots. One of the lots, designated for future development, has been relabelled as an outlot. ANALYSIS: The proposed final plat appears to be in conformance with the City's subdivision regulations. Pending approval of the latest revisions by Public Works, staff recommends approval of the final plat. However, legal papers, construction drawings, and as-built drawings for the road that has already been constructed must be approved before final plat approval can be granted by City Council. The proposed final plat appears to be generally consistent with the approved preliminary plat. The preliminary plat contained a note restricting access to Lots 1,4and 5 directly from Dane Road. This note is included on the final plat. The parcel labelled as Outlot D on the final plat was shown as Lot 20 on the approved preliminary plat. In each case, it was labelled "reserved for future development." A review of State statutes indicates that it would be more appropriately designated as an outlot rather than a buildable lot. Earlier concept plans submitted to staff indicate the applicant's desire to extend the street system and divide this area up into multiple lots. Staff raised concerns about the future development of this lot when the preliminary plat was being considered, and recommended that if Meadowview Drive is extended that it turn north and stub into the property to the north. Staff also recommended that if the property on the easternmost ridge is to be developed, that it be accessed from the property to the north rather than from Meadowview Drive. This would provide secondary access to this subdivision, and would avoid major grading and filling of the ravine located on this outlot. This decision will not have to be made by the Commission until a proposal is submitted for further subdivision of this outlot, but since the issue was raised earlier staff feels it is appropriate to inform the applicant again of the City's position on this issue. The plat contains two storm water management easements, one located on Outlot Band one located on Outlots Canal D. As is typical for County subdivisions, there is no requirement to construct the basin at this time. However, the City could require the construction of the basin in the future if the property is ever resubdivided, or upon annexation. In the staff report for the preliminary plat for this property, staff raised concerns as to whether septic systems could be properly located on a number of the lots due to steep slopes. At that time the County Health Department was reviewing the plat to determine whether the proposed lots could accomodate septic systems. The final plat contains a note indicating that alternative wastewater systems may be required on Lots 10 and 16. Percolation tests on these lots indicated that a conventional septic system may not function properly. A mound 3 system for wastewater treatment may be required if suitable locations for a conventional septic system cannot be found on the lots. STAFF RECOMMENDATION: Staff recommends that SUB96-0017, a request for final plat approval of Woodland Ridge, Part One, a 55.95 acre, 19-1ot residential subdivision with four outlots located o. the east side of Dane Road at its intersection with Osage Street, be approved, subject to the approval of legal papers, construction drawings, and as-built drawings for the existing improvements on the property prior to City Council consideration. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development shared~pcd~maxwell.rep LOCATION HAP' SUB96-0017 WOODLAND RIDG,~ SUEtDIVOSION II t?/////?/// FOLLOWING IS BEST DOCUMENT AVAILABLE ~6hIlson ('ountv. [o~v~ 17'"1/ I I !? I I I I ,. BEST DOCUMENT AVAILABLE RESOLUTION NO. 96-274 RESOLUTION ADOPTING THE cl'rY OF IOWA CITY CONSOLIDATED PLAN (AKA CITY STEPS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR 1996, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the 1992 National Affordable Housing Act requires the City of Iowa City, Iowa, to prepare an annual performance report assessing its performance under the Consolidated Plan for the previous fiscal year; and WHEREAS, the City has prepared the City of Iowa City Consolidated Plan Annual Performance Report for Fiscal Year 1996 (hereinafter "the Performance Report"); and WHEREAS, the performance Report assesses the City's performance in achieving its goals for the 1995-2000 Consolidated Plan, Annual Action Plan for FY96; and WHEREAS, the City provided residents of the community with opportunities to comment on the proposed Performance Report; and WHEREAS, adoption of the Performance Report will maintain Iowa City's eligibility for affordable housing projects administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the adoption of the Performance Report and its submission to the U.S. Department of Housing and Urban Development will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Consolidated Plan Annual Performance Report for Fiscal Year 1996, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager is hereby designated the Chief Executive Officer authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Consolidated Plan Annual Performance Report for Fiscal Year 1996. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Consolidated Plan Annual Performance Report for Fiscal Year 1996 to the U.S. Department of Housing and Urban Development pursuant to the 1992 National Affordable Housing Act. Resolution No. 96-274 Page 2 Passed and approved this 24th day of September , i996. It was moved by be adopted, and upon roll call there were: MAYOR and seconded by City Attorney's Office Lehman AYES: NAYS: ABSENT: X X the Resolution Baker Kubby Lehman Norton Novick Thomberry Vanderhoef chasupdt 93~chasreso City of Iowa City MEMORANDUM Date: September 19, 1996 To: City Manager and City Council From: Maurice Head, Community Development Coordinator/~;,~ Re: Consolidated Plan -- Annual Pedormance Report and Grantee Performance Reports The City of Iowa City is required by the U.S. Department of Housing and Urban Development (HUD) to submit an Annual Performance Report each year. This report evaluates the City's annual performance in relation to the objectives identified in the Consolidated Plan "City Steps". A comprehensive review of the community development activities funded with CDBG, HOME, ESG and other public and private resources is provided in the report. In addition, the City must submit a Grantee Pedormance Report (GPR) for the 1995 CDBG Program and a GPR for the 1994 Supplemental CDBG Flood Relief Program. The GPR is HUD's financial reporting document on activities undertaken by the City. It also identifies the number of low and moderate income households and individuals benefitting from activities included in the GPR. These reports are submitted annually to HUD. However, the activities in the 1994 CDBG Flood Relief Program have been completed and no future reporting should be required by the The reports require a public comment period. A 30-day comment period started on August 23, 1996, for the Annual Performance Report and the two GPR reports. Any comments received during the 30-day comment period and at this public hearing will be included in the applicable document. Staff is requesting that City Council approve by resolution the Annual Performance Report. This report will then be forwarded to HUD for review and approval. No action is required by the City Council on the GPR reports. bC3-1MH mmo RESOLUTION NO, 96-275 RESOLUTION AUTHORIZING CONVEYANCE OF A FOUR FOOT WIDE TRACT OF LAND FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION WHEREAS, the City Council has considered a proposal from the Court Hill Owners Association to purchase a four foot wide tract of land from the northern portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association owns the tract of land directly adjacent to the northerly portion of Shamrock Place Apartments; and WHEREAS, the C~urt Hill Owners Association must acquire an additional 1500 square feet of land adjacent to their current tract to comply with applicable zoning regulations for the number of dwelling units on their tract of land; WHEREAS, the Court Hill Owners Association has offered to purchase the four foot wide tract of land from the northerly portion of Shamrock Place Apartments for $2,600.00, with the Public Housing Authority retaining a recreational/access easement; WHEREAS, on July 16, 1996, the City Council adopted Resolution 96-205 declaring its intent to convey the property, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the following described property to the Court Hill Owners Association, for and in consideration of the sum of $2,600.00, subject to the City retaining a recreational/access easement for the use and benefit of the tenants and guests of the Shamrock Place Apartments and subject to the Court Hill Owners Association having a plat of survey of this property prepared as required by Iowa law: A four foot wide tract of land from the northerly portion of the tract of land commencing at the Northwest Corner of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence S 00043'39" E, along the West line of the Northwest Quarter of said Section 18, 35.00 feet; thence N 88°30'13"E, 5.00 feet; thence S 00043'39" E, 428.41 feet to the Point of Beginning; thence, S 89°28'11" E, 445.11 feet; thence S 00043'39" E, 280.07 feet; thence N 89°28'11" W, 445.11 feet; thence N 00043'39" W, 280.07 feet to the Point of Beginning, also known as 3501-3560 Shamrock Place. Resolution No. 96-275 Page 2 The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyances required by law. Passed and approved this 24th day of September ,1996. ATTEST:~~...~ CITY CLERK MAYOR Apl~roved~by~: r~ City Attorney's Office Resolution No. 96-275 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X Norton ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. RESt OF LAND COURT AUTHORIZING CONVEYANCE OF A FOUR ROM THE NORTHERLY PORTION OF 3501-3560 SHAMROCK PLACE, IOWA /NERS ASSOCIATION TRACT PLACE IOWA, TO THE WHEREAS, the City to purchase a four foot Apartments; and :il has considered a proposal from ide tract of land from the Court Hill Owners Association portion of Shamrock Place WHEREAS, the Court Hill northerly portion of ShE ~rs Association owns th( act of land directly adjacent to the ace Apartments; and WHEREAS, the Court Hill of land adjacent to their current to comply number of dwelling units on their land; uire an additional 1500 square feet applicable zoning regulations for the WHEREAS, the Court Hill Owners of land from the northerly portion of Public Housing Authority retaining a offered to purchase the four foot wide tract Place Apartments for 82,600.00, with the ~access easement; WHEREAS, on July 16, 1996, the Cit, to convey the property, authorizing public date and time for public hearing; and adopted Resolution 96-205 declaring its intent of the proposed conveyance, and setting the WHEREAS, following public hearing on the conveyance is in the public intere~ conveyance, the City council finds that NOW, THEREFORE, BE IT IOWA, that: BY THE CITY JNCIL OF THE CITY OF IOWA CITY, The Mayor and the City are authorized to the City's interest in following described Association, for and ;onsideration of the sum of retaining a faccess easement for the use guests of the Shamr~ Place Apartments: Iea Quit Claim Deed conveying to the Court Hill Owners 600.00, subject to the City benefit of the tenants and A four foot wide commencing at Range 5 West o' West line of th~ 88o30'13"E, Beginning; th 280.07 feet 280.07 fee Place. of land from the northerly portion of e tract of land Northwest Corner of Section 18, p 79 North, he 5th Principal Meridian; Thence S ( along the Northwest Quarter of said Section 18, 35.00 thence N feet; thence S 00043'39" E, 428.41 feet to Point of S 89°28'11" E, 445.11 feet; thence S 39" E, N 89°28'11" W, 445.11 feet; thence N W, the Point of Beginning, also known as 3501-3560 'ock Resolution No. Page 2 The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyances required by law. Passed and approved this day of ATTES CITY CLERK ~ MAYOR ,1996. City Office Prepared by: Ron O'Neil, Airport Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 96-276 RESOLUTION AUTHORIZING THE AIRPORT COMMISSION TO PROCEED WITH DEVELOPMENT OF PLANS, SPECIFICATIONS AND FORM OF CONTRACT TO CONSTRUCT ADDITIONAL HANGAR SPACE AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, it is the intent of the Iowa City Airport Commission to attract and accommodate corporate and business aircraft at the Iowa City Municipal Airport; and WHEREAS, a potential aviation business has requested that the Airport Commission provide hangar space for the establishment of said business at the Airport; and WHEREAS, additional hangar space would be a capital asset to the Airport by increasing revenue for the Airport Commission and increasing the number of based aircraft at the Iowa City Municipal Airport: and WHEREAS, the cost of the project would be financed through an internal department loan, to be repaid through hangar rental fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Airport Commission is authorized to proceed with the development of plans, specifications, and form of contract for construction of an 80' by 80' aircraft hangar with a 60' bi-fold door and a 20' by 20' office at the Iowa City Municipal Airport. Passed and approved this 24th day of September ,1996. ATTEST: ~,~,_p CITY-CLERK MAYOR City Attorney's Office Resolution No, 96-276 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared O'Neil, Airport Mgr, 410 E. Washington St., City, IA ,52240 (319) 356-5045 RESOLUTION NO. CONSTRUCT AIRPORT. AUTHORIZING THE AIRPORT ' OF PLANS, SPECIFICATlt ~DITIONAL iMMISSlON TO PROCEED WITH AND FORM OF CONTRACT TO THE IOWA CITY MUNICIPAL WHEREAS, it is the intent the corporate and business airc~ at the Commission to attract and accommodate Municipal Airport; and WHEREAS, a potential hangar space for the est has requested that the Airport Commission provide business at the Airport; and WHEREAS, additional hangar sp revenue for the Airport Commis' City Municipal Airport; and, would be a capital asset to the Airport by increasing increasing the number of based aircraft at the Iowa WHEREAS, the cost of the be repaid through hangar fees. financed through an internal department loan, to NOW, THEREFORE, BE IOWA, that the Air specifications, and fc Iowa City Municipal RESOLVED ;ITY COUNCIL OF THE CITY OF IOWA CITY, )mmission is authoriz~ to proceed with the development of plans, of contract for constru( on of an 80' by 80' aircraft hangar at the }ort. Passed and appro' J this day of , 1996. MAYOR :ITY CLERK City Att ney's Office IOWA CITY MUNICIPAL AIRPORT 1801 South R~verside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 MEMO DATE: September 13, 1996 TO: City Councilors FROM: Ron O'Neil, Airport Manager's-©. RE: IOW Avionics hangar A company wanting to establish an avionics repair business at the Iowa City Airport is interested in leasing an 80' by 80' hangar. The Commission discussed this at their September meeting and would like to build a hangar to accommodate the business. If an agreeable rent can be negotiated, the business is willing to make the commitment to a hangar for a multi-year lease. The 1. following is a tentative schedule for building a hangar: 13 Sep 96 - Commission meeting, decide if there is support for the project. Schedule public hearing on plans and specs for October 10, 1996. 24 Sep 96 - City Council meeting, decide if Council will fund the project. 10 Oct 96 - Commission meeting, public hearing on plans and specifications. 4. 31 Oct 96 Pre-bid meeting with potential contractors. 5. 14 Nov 96 - Bid opening. Accept or reject bids. 6. 19 Nov 96 - City Council meeting, accept or reject project. 20 Nov 96 - Notify low bidder if project is accepted by Council. Prepare contract with successful contractor. 8. 31 May 97 - Project completion date. IOW Avionics would like to be in business in one year. If this project is going to happen, the CommissJ. on would like to proceed with bids as soon as possible. This would allow for a late fall or spring construction. As with the other hangar project, the Commission realizes that the project is dependent on a commitment from a tenant before the hangar can be built. .:///'///t / / ?// FOLLOWING IS BEST DOCUMENT AVAILABLE Prepared by: Sylvia Mejia, Personnel Admin. 410 E. Washington St., Iowa City, IA 52240 (319) 35645026 RESOLUTION NO. 96-277 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRAFFIC ENGINEERING, STREETS, AND ENGINEERING DIVISIONS OF THE PUBLIC WORKS DEPARTMENT AND THE JCCOG TRANSPORTATION PLANNING DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT. WHEREAS, Resolution No. 96-56, adopted by the City Council on March 5, 1996, authorized permanent positions in the Traffic Engineering, Streets, and Engineering Divisions of the Public Works Department, and the JCCOG Transportation Planning Division of the Planning and Community Development Department for FY97; and WHEREAS, the Department of Public Works desires to dissolve the Traffic Engineering Division; and WHEREAS, the Streets Division is experiencing an expanded workload and is in need of additional personnel; and WHEREAS, consolidating certain responsibilities within the Traffic Engineering Division and the Streets Division will enhance the use of personnel within the two divisions; and WHEREAS, enhancement of the professional responsibilities of the Traffic Engineering Division will result from dispersing those duties within the Engineering Division and the Department of Planning and Community Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Traffic Engineering, Streets and Engineering Divisions of the Public Works Department be amended by: The deletion of the following positions: 2. 3. 4. 5. One Maintenance Worker III - Traffic Engineering, AFSCME grade 8 One Maintenance Worker II - Traffic Engineering, AFSCME grade 5 One Maintenance Worker II - Signs, AFSCME grade 6 Two Maintenance worker I - Streets, AFSCME grade 4, and One Traffic Engineer - Administrative, grade 30 The addition of the following positions: 1. One Maintenance Worker III - Streets, AFSCME grade 11 2. Two Maintenance Worker II - Streets, AFSCME grade 8 3. One Sr. Engineer - Engineering, Administrative grade 29 The budgeted positions in the JCCOG Transportation Planning Division of the Planning and Community Development Department by amended by: The addition of the following position: 1, One Associate Planner - JCCOG, AFSCME grade 15 Resolution No. 96-277 Page 2 Passed and approved this 24th day of September ,1996. ATTEST: ~ ClT?-Cb. ERK humanre~,t ~a f flc.r~ Resolution No. 96-277 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thnrnher~y the Resolution be AYES: NAYS: ABSENT: X X _X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: September 19, 1996 To: City Council From: City Manager Re: Traffic Engineering Reorganization -- Department of Public Works You will recall I mentioned during my evaluation the Department of Public Works was moving toward a reorganization of some of the activities associated with the Traffic Engineering and Streets Divisions. On your agenda is a resolution which will initiate the changes we are recommending, These proposed changes we believe will provide for a more efficient and effective use of all personnel involved. This would include additional staff engineering time in the Division of Engineering by the reassignment of the Traffic Engineer, who is a civil engineer; a more timely .'csponse to traffic studies and other initiatives (a common and frequent concern of our neighborhoods); the elimination of a full-time position that was authorized in the FY97 budget approval (this is a vacant position), and in general we believe will enhance the use of our personnel at less cost. We have discussed these changes with representatives of the employee's union. In these circumstances, two of our personnel will have their jobs officially eliminated. Although new positions are being created, the interpretation of the labor contract by the Union is that we are required to "post" new positions, which has the effect of a competitive employment opportunity for all qualified and current employees. We cannot guarantee employment to the two persons whose jobs will be eliminated. They will certainly be given consideration for the newly created positions but the basis of the employee decision is based upon qualifications. The two positions eliminated and the respective employees will be given special consideration. We believe we have created a better organization and a better use of the positions we have available. We have shown we are responding to the public service demands upon our organization, specifically the need for additional engineering time in our Division of Engineering through the use of the former Traffic Engineer's skills (a Civil Engineer) and by the assignment of an Associate Planner to JCCOG to perform many of the studies and other activities for which we frequently received requests, not only from neighborhoods but from other communities. All of these changes are to be financed by the Road Use Tax fund and we will pursue with the participating communities in JCCOG to encourage their use of the Associate Planner for their traffic studies. We believe these recommendations are in the best interest of the organization and are well within our ability to finance. Our estimates are that we will be saving approximately $30,000+ per year in operational costs, and clearly meets what we believe to be the community's interest in our traffic engineering, traffic planning and related services. bC4-4SA RESOLUTION NO, RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES IN CONNECTION WITH THE NEW WATER TREATMENT PLANT. WHEREAS, City Staff was directed to negotiate with the Elks Golf and Country Club {"Elks Club") in lieu of condemnation for property rights needed for the City's development of the new Water Treatment Plant and Foster Road extended and to allow the Elks Club to continue to operate a golf course, if possible; and WHEREAS, City Council now wishes to enter into a letter of understanding to acquire property rights in lieu of condemnation and to convey and lease certain property to the Elks Club to build two additional golf course holes to replace those which wil! be lost by the City's acquistion of the aforementioned property rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The letter of understanding to acquire property rights from the Elks Club in lieu of condemnation and in exchange for the City conveying and leasing land to the Elks Club for the construction of two additional golf holes to replace those lost by reason of the City's acquisition of the aforementioned property rights, is hereby approved as to form and substance. The City Attorney is directed to carry out all necessary procedures to consummate the acquisition of seid property rights, as agreed. Passed and approved this day of ,1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: ~AYOR and seconded by AYES: NAYS: City Attorney's Office the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff Davidson, 'l'ransp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 96-278 RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, AND JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR FOR THE EXTENSION OF HIGHWAY 965 BETWEEN HIGHWAY 6 AND HIGHWAY 1. WHEREAS, Coralville, Iowa City, and Johnson County participate in the Johnson County Council of Governments for the purposes of metropolitan area-wide transportation planning; and WHEREAS, JCCOG has adopted an arterial street plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Highway 965 will eventually be extended between Highway 6 and Highway 1, but the Plan does not set out a preferred corridor; and WHEREAS, it is in the best interests of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred and general corridor now identified for Highway 965 which will eventually be extended between Highway 6 and Highway I as an urban arterial street; and WHEREAS, this Agreement is intended to ciarify the more general language now found in the JCCOG Arterial Street Plan regarding the 965 alignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the lowa Code Chapter 28E Agreement with the City of Coralville and Johnson County which is attached hereto and incorporated by this reference. Said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. The City Clerk is directed to forward a certified copy of this Resolution, together with the Agreement, to Coralville and Johnson County for execution; and upon return of the fully executed document by all parties, is further directed to record the Resolution and Agreement in the Johnson County Recorder's Office and to file a copy of the Resolution and Agreement with the Secretary of State, as required by Chapter 28E Code of Iowa (1 995). The City Clerk shall retain the returned, recorded document as a permanent file. 3170 Resolution No. 96-278 Page 2 Passed and approved this 24th day of September · 1996. ATTEST: /~_~ CITY CLERK Approved by ttorney's Offic~_,~,~ ¢~ It was moved by Norton and seconded by adopted· and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff Davidson, 410 E. Washington St., Iowa City, IA 52240 (319)356-5252 28E Agreement between the City of Coralville, the City of Iowa City, and Johnson County Providing for Preservation of the Highway 965 Corridor between Hlghway 6 and Highway I This Agreement is entered into pursuant to Chapter 28E, Code of Iowa (1995) by the City of Coralville, Iowa, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "the County". WHEREAS, Coralville, Iowa City, and the County participate in the Johnson County Council of Governments ("JCCOG") for the purposes of metropolitan area-wide transporlation planning; and WHEREAS, JCCOG has adopted an arterial street plan for the Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG Arterial Street Plan shows that Highway 965 will eventually be extended between Highway 6 and Highway 1, but the Plan does not set out a preferred corridor; and WHEREAS, it is in the best interests of the citizens of Coralville, Iowa City, and the County to enter into an agreement which, through the JCCOG planning process, is intended to preserve the preferred and general corridor now identified for Highway 965 which will eventually be extended between Highway 6 and Highway 1; and WHEREAS, this Agreement is intended to clarify the more general language now found in the JCCOG Arterial Street Plan regarding the 965 alignment. NOW, THEREFORE, iN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS SET FORTH HEREIN, Coralville, Iowa City, and the County agree as follows: The attached Figure 1 illustrates the general, preferred corridor which has been selected for Highway 965 which will eventually be extended between Highway 6 and Highway 1. For reference, a more detailed version of this corridor will remain on file at the offices of 2 the City of Coralville, the City of Iowa City, the Johnson County Planning & Zoning Department, and the Johnson County Council of Governments. Actions taken by Coralville, Iowa City, or the County shall preserve a 100 foot wide right- of-way as a general, preferred corridor, as shown in Figure 1. However, any specific action to secure actual right-of-way shall be undertaken by each separate governmental entity, namely Coralville, Iowa City and Johnson County, and such actions in securing said right-of-way, by dedication or otherwise, shall be carried out by Coralville, Iowa City and Johnson County in a manner required by law. These actions by Coralville, Iowa City and Johnson County shall include but not be limited to: the subdivision of property, annexations, conditional use permits, lot splits, farmstead splits, building permits, and the rezoning of property. This Agreement shall exist solely to preserve the general, preferred corridor for the eventual extension of Highway 965 between Highway 6 and Highway 1. It shall not obligate Coralville, Iowa City, or Johnson County to build any portions of the general, preferred corridor for the Highway 965 extension, nor shall this Agreement in any way encumber the title or affect the rights of any property within the general, preferred corridor as depicted in Figure 1 attached hereto and incorporated by reference herein. This Agreement shall remain effective unless and until the Agreement is cancelled or modified by joint written agreement of the Coralville City Council, the Iowa City City Council, and the Johnson County Board of Supervisors. o This Agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1995). Executed with approval and on behalf of the City of Coralville, the City of Iowa City, and the Johnson County Board of Supervisors on this /~q day of ,¢'('~.~..-,-,.~2.,~.) , 1996. c,Ty oF CORALWLLE, 'OWA JaWs Fausett, Mayor ATTEST: (~A.,O.t k_4~) /~/Cc,~x_A~"~ Arlys Hannam,'-~ity Clerk CITY OF IOWA OITY, IOWA NaOmi J. '.Novi~;k, Mayor 3 J O~t~O N COUNTY,~3W,~ ,,, Board of Supervisors ATTEST: County Auditor ATTEST: /~) W /f/~/' Marian K. Karr, City Clerk Approved b 2' y for Iowa City/_,..~,~.~. CiTY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this q~Z] day of ~'-¢)-Jdz__~ , 19 <~', before me, /~j~.A~4~ ..1'o ~8:2z.T'~72. , a Notary Public in and fo-~e State of Iowa, personally appeaYed James Fausett and Arlys Harmare 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 Coralville, 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, passed by the City Council, and that James Fausett and Arlys Harmare 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. Nota r the State of Iowa 4 IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z,~ day of SoF~-.~,~,,* 19 q~. , before me, ..~erVt,.~ ~ ~c~,,.~- , a Notary Public in and forthe State of Iowa, personally appeared Naomi J. Novick and Marian K. Kerr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (CrC, r~;-,ce) (Resolution) No. ~'/.,- 218 passed by the City Council, onthe t~yK¢ dn~)Ywl;~I d~tt~e;e~ccu?o ,197, ,andthat Naomi J. Novick and Marian ack ge n of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ~ '<~aYz°*f' /~~'~J Nots Publ~c,n19n~'df~" before me 0~ th,~_~.~//~ ~.~ ,'?J./_~7-.~__.~' ,a ry '' ad or ineStateoflowa; personally/appeared Don Sehr and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, 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 Board of.~upervisors, as c~ontained in the Motion adopte¢ by the Board of Supervisors, on the ./,¢~ z.~ day of .,~x.~,¢~_.~ , 19 .~'~¢ , and Don Sehr and Tom Slockett acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pul~c in and for the State of Iowa Jccogadm~28E965 agt I{uS1 ENVIRONHEN1 & iNFRASTRUCTURE 501 SYCAMORE SiREEl WAIERLO0, IOWA 50703 ]-31q-232-G53I 1 FIGURE 1 PROPOSED IOWA HI(~HWAY 6~,~ E.~O~NSIO~I U.S, HICW-IWAY 6 TO IOWA HI(IHWAY 1 CORALViLLE AND IOWA CITY, IOWA PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA Dp;s MOINES, lOW^ 50319 TEL (515) 281-5204 FAX (516) 242-5953 December 31, 1996 Marian K Karr CMC/AAE City Clerk 410 E Washington St Iowa City, IA 52240-1826 RE: Filin~ of 28E Agreement between the City of Iowa City and the City of Coralville Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of December 31, 1996. Sincerely, p a~at~e ' ~~ Secretary of State PDP/kfw Enclosures · Jeff Davidson, Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (3' RESOLUTION NO. 356-5252 TION APPROVING A CHAPTER 28E AGREEMF. NT OF LVILLE, THE CITY OF IOWA CITY, AND JOHNS REGAl:; PRESERVATION OF THE CORRIDOR FOR THE HIGHWAY 5 BETWEEN HIGHWAY 6 AND HIGHWAY 1. COUNTY OF WHEREAS, Coralville Council of and wa City, and Johnson County partici[ the purposes of metropolitan area in the Johnson County transportation planning; WHEREAS, JCCOG has ado an arterial street plan Iowa City Urbanized Area; and WHEREAS, the adopted JCCOG be extended between Highway 6 corridor; and ~rial Street Plan Highway 1 ~ws that Highway 965 will eventually Plan does not set out a preferred WHEREAS, it is in the best interests of to enter into an agreement which, throu preserve the preferred and general cor~ eventually be extended between Hi of Coralville, Iowa City, and the County JCCOG planning process, is intended to now identified for Highway 965 which will Ihway 1; and WHEREAS, this Agreement is intend JCCOG Arterial Street Plan re the 965 more general language now found in the rent. NOW, THEREFORE, BE IT RES( BY THE IOWA, THAT: NCIL OF THE CITY OF IOWA CITY, The Mayor and Cit' Agreement with and incorporat. content, and are hereby authorized to City of Coralville and Johnson this reference. Said Agreement is to be in the best interests of the :ethelowaCodeChapter 28E which is attached hereto approved as to form and of Iowa City, Iowa. The City the A fully e: Agr~ Re~ of Iowa (1995). The City Clerk shall retain the returned, ~ermanent file. is directed to forward a certified copy ~n, together with to Coralville and Johnson County for execution; m return of the document by all parties, is further directed to record in the Johnson Countv Recorder's Office and to file a of the and Agreement with the Secretary of State, as required by ;r 28E as Prepared by: David Schoon, Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 96-279 RESOLUTION AMENDING "ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY" BY ADDING INDUSTRIES/TECHNOLOGIES OPPORTUNITY LIST AND FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES WHEREAS, the Iowa City City Council adopted the "Economic Development Policies, Strategies and Actions for the City of Iowa City" to guide the community's economic development activities; and WHEREAS, this policy called for the establishment of an industries/technologies opportunity list and for the establishment of financial assistance eligibility guidelines; and WHEREAS, the Economic Development Ad Hoc Committee recommended, as requested by the City Council, an industries/technologies opportunity list and financial assistance eligibility guidelines; and WHEREAS, members of the public and community organizations have been provided the opportunity to comment on the industries/technologies opportunity list and financial assistance eligibility guidelines; and WHEREAS, the City Council finds it in the public's interest to amend the "Economic Development Policies, Strategies and Actions for the City of Iowa City", by adding Addendum A, "Industries/Technologies Opportunity List for the City of Iowa City" and "City of Iowa City Financial Assistance Eligibility Guidelines". NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT The "Economic Development Policies, Strategies, and Actions for the City of Iowa City" be amended to include Addendum A, "Industries/Technologies Opportunity List for the City of Iowa City" and "City of Iowa City Financial Assistance Eligibility Guidelines". Passed and approved this 24th day of September , 1996. CITY'CLERK MAYOR Approved by Resolution No, 96-279 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X . ~( X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADDENDUM A ADDENDUM TO THE "ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY" Adopted by the Iowa City City Council on September 24, 1996 INDUSTRIES/TECHNOLOGIES OPPORTUNITY LIST FOR THE CITY OF IOWA CITY The purpose of the fo!lowing industries/technologies opportunity list is to identify indus- try/technology groups that are compatible with the Iowa City community and toward which the community should proactively direct its economic development efforts. Within each of these industry/technology groups, the focus of the City's proactive economic development activities will be to assist start-up firms, to retain local companies and to assist with their expansion plans, and to attract and recruit new operations to Iowa City. By establistfing an industries/technologies opportunity list the City is not prohibiting or discouraging industries not on the list. Those businesses allowed under the present zoning ordinance will be welcomed to the community and will be offered assistance whenever possible. However, the City will not pursue the development, expansion or attraction of industries permitted under zoning but not on the opportunity list. The industries/technologies opportunity list is to focus the City's proactive activities and ICAD's efforts on behalf of the City. Biocatalysis & Bioprocessing R&D Communications Services Computer Software Development/Computer Simulations of Complex Systems Drugs/Pharmaceutical Educational Services Electronic & Other Electrical Equipment Environmental Technologies & Energy Resource Alternatives R&D Insurance Services Human Health & Medicine (Alternative Health Care Systems) Light Manufacturing Medical Instruments/instruments & Measuring Devices Music/Recording Studios/Audio-Visual Production Printing & Publishing (Public Relations/Graphic Arts/Design) Value-Added Agricultural Products '1 CITY OF IOWA CITY FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES Intent: The City of Iowa City wishes to encourage the establishment and growth of businesses which are consistent with and carry out the "Economic Development Policies, Strategies and Actions for the City of Iowa City." To this end, the City will support and provide financial assistance to individual business establishments. This assistance may take the form of utilizing State and Federal funds targeted at economic development, providing property tax incentives, underwriting the cost of infrastructure improvements, or providing direct loans and grants. The guidelines provided below will serve as a framework for the City Council in making its decisions regarding which businesses should receive publicly funded incentives or assistance. The criteria are based on the Economic Development Policies and the concept that businesses who receive assistance should pay a good wage, provide benefits to their employees, be good citizens, and contribute to the overall economic well-being of the community. Within each of the guidelines there is room for judgment and flexibility by the City Council. Consistent with the City's Economic Development Policies, promising start-up businesses and expansion of existing local businesses will be encouraged. Private Financial Contribution as Compared to Public Assistance Request (10 points) Higher points to be awarded for: A greater percentage of contribution by the assisted business; A shorter payback period or expiration for financial assistance; A lower amount of City financial assistance per job. Consistency with Comprehensive Plan/Capital Improvements Program/Economic Development Policies (20 points) Higher points to be awarded for: Projects not requiring new public capital improvements; A greater contribution by the developer for public infrastructure improvements; Jobs within industry/technology groups on opportunity list; Start-up companies and expansions of existing Focal operations; A greater amount of property tax base expansion. Quality of Jobs to be Created (30 points) Higher points to be awarded for: Higher wage rates Full-time, long-term, non-seasonal positions; Commitment to a safe workplace; Contribution to health insurance benefits; Provision of fringe benefits (e.g. vacation, sick leave, retirement plans); Economic Impact (15 points) Higher points to be awarded for: Contribution to diversification of Johnson County economy Potential for future growth of industry; Businesses that build on the resources, materials, and workforce of the local community. 2 Environmental Impact (15 points) Higher points to be awarded: The more environmentally sound the company's operation; (e.g. comprehensive energy and resource efficiency programs; comprehensive waste reduction, waste exchange, and recycling programs). The more environmentally sound the company's products/services. (e.g. products/services that expand markets for recycled materials; develop- ment of renewable energy resources or products that conserve energy.) Community Involvement (10 points) Higher points to be awarded: Businesses that have a history of contributing to their communities through volunteer work, financial contributions or other means. New start*up businesses that demonstrate their commitment to becoming involved in the community. TOTALPOiNTS 100 3 General Requirements Every applicant should provide average hourly wages for all new and existing jobs which meet or exceed the average county wage rate by industry. Ninety percent of the project positions should have a wage greater than the federal poverty wage rate for Iowa City (30% of median income for a four person household in Iowa City). Under special circumstances, consideration will be given to those companies who cannot meet this requirement. Applicant must have a consistent pattern of compliance with the law and the spirit of the law, including environmental regulations, occupational safety and health laws, fair labor standards, the National Labor Relations Act, and the Americans with Disabilities Act, in order to be eligible for financial assistance. Applicant must demonstrate the following in order to be eligible for financial assistance: the feasibility of the business venture; the reliability of the job creation and financial estimates; the creditworthiness of the business; that the project would not occur without city financial assistance. - A contract will be executed for any financial assistance awarded. Applicant will be required to repay all, or a prorated share, of the amount of the financial assistance awarded if the applicant does not fulfill the obligations of the contract. 4 Prepared by: Dale Helling, Asst, City Manager, 410 E. Washington St., Iowa City, IA ,52240 {319) 356-501 3 RESOLUTION NO. 96-280 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, THE CITY OF CORALVILLE, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, City 0f Iowa City Resolution NO. 84-248 provides that the City may designate a non-profit organization {NPO) to manage and operate the local public access channel, functions, and equipment, and WHEREAS, the Franchise Renewal Agreement between the City of Iowa City and Cablevision VII, Inc. provides that certain funding, equipment, and facilities shall be provided to the NPO by Cablevision VII, Inc., and WHEREAS, it is deemed in the interest of the City to designate a private non-profit organization to carry out the public access function. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Public Access Television, Inc. be organization (NPO) to manage and functions, and equipment. and is hereby designated as the non-profit operate the local public access channel(s), The proposed agreement, attached hereto and made a part hereof, is approved as to form and content. That the Mayor is hereby authorized to sign, and the City Clerk to attest, the attached agreement between the City of Iowa City, the City of Coralville, and Public Access TeleV~ion, Inc., for funding, operation and management of the local public access function. Passed and approved this. 24th day of September ,1996. ATTEST: ~ CITY' CLERK MAYOR City Attorney's Office Resolution No. 96-280 Page 2 It was moved by Vanderhnef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("Iowa City"), the City of Coralville, Iowa, a municipal corporation ("Coralville"), together hereinafter referred to as "Cities", and Public Access Television, Inc., an Iowa non-profit corporation ("PATV"), (collectively "Parties" or "Party"). In consideration of their mutual promises, the Parties agree as follows: RECITALS The Cities of Iowa City and Coralville desire to provide support for the use of public access channel(s), namely non-commercial community programming channels provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consume( Protection and Competition Act of 1992, and the Telecommunications Act of 1996. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, or educational access channels. The franchise agreement between Coralville, Iowa and Cablevision VII, Inc. provides that certain payments shall be made by Cablevision VII, Inc. to support the public access channel(s). The franchise agreement between Iowa City, Iowa and Cablevision VII, Inc. provides that certain payments shall be made by Cablevision VII, Inc. to support the public access channel(s). For the purposes of this agreement, the definition of pure public access is providing members of the community with tools, training and channel space services. Pure community programming is the taping and cablecasting of events and activities taking place in the community. PATV reasserts its goal to provide a spectrum of public access and community programming services to the community. The Cities of Iowa City and Coralville have designated PATV as the approved non- profit ~rganization to manage and operate the local public access channel, function and equipment. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows; Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PATV shall perform the following services: Operate Public Access Cable Channel(s). Operate the public access cable channel(s) for public access and community programming purposes. Operation shall include, but not be limited to, responsibilities for administering, coordinating, and assisting those who request to use the access channel(s). 2 Ko Mo Operate an Access Center. Provide a video production facility and equipment which shall be available for public use. Provide video equipment at a Coralville location as specified in Appendix A. Provide Ec~ual Access. Allow access to equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non- discriminatory basis to all members of the community. This access shall be only for non-commercial programming purposes, whether individuals, groups, or organizations. Develop Rules. Develop written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the cities. Said rules.and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and FCC regulations. Further, any rules and procedures promulgated specific to times and hours of cablecast shall be content- neutral and consistent with the public forum doctrine, namely, time, place and manner. Train n.q Provide training in the techniques of video production including at least one training session per year in Coralville, and facilitate production of community programming by providing technical advice. Proclrammin(~. Schedule and cablecast programs on the public access channel(s) acc?rding to the approved rules and guidelines. Maintenance of EQuipment. Provide regular maintenance and repair of all video equipment. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the cities, and Cablevision VII, Inc. Performance Guidelines. In cooperation with the cities, develop performance guidelines for PATV within six (6) months of execution of this document. Performance Review. In cooperation with the cities and after three years of operation under 'this Agreement, undertake a performance review which shall include an opportunity for public access users, cable subscribers, and the general public to provide comment. Other Activities. Undertake other community access activities as deemed appropriate by PATV. For example, cable radio. Compliance with Laws, Rules and Regulations. Administer the public accesschannel(s) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Cable Telecommunications Franchise Ordinance, perfor- mance guidelines, and in accordance with the franchise agreement(s) between the cities and Cablevision VII, Inc.. 3 Section 2. Proorammincl Content. PATV agrees to keep the access channel(s) open to all potential users and free of censorship, subject to FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Parties agree that they will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with the approved rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the cities, their officers, agents, and employees, from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of PATV. The Cities shalL'indemnify, defend, and hold harmless PATV, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City, Section 4. Copvri(~ht Clearance. Before cablecasting video transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PATV shall maintain copies of all such user agreements for purposes of inspection by the other Parties to this Agreement, upon reasonable notice given by said parties, and for the term of the applicable statute of limitations. Section 5. Copvri(~ht and Ownership. PATV shall own the copyright of any programs which it may choose, from time to time, to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person so copyrights, subject, however, to PATV's continuing rights in the videotape as physical property, to be established and governed by the approved rules and guidelines. Section 6. Distribution Ri.qhts. PATV shall require that all programs produced with funds, equipment, facilities, or staff grante~ under this Agreement shall be distributed on the channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond that distribution on channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines. Payments required to obtain cable television distribution rights for programs acquired by PATV primarily for cablecast use may be made by PATV from funds granted under this Agreement. PATV shall display on a daily basis a credit stating "Partial funding for the operation of this channel is provided by Cablevision VII, Inc., and the cities of Iowa City and Coralville." 4 Section 7. Eaui~)ment and Facilities. PATV shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PATV under this Agreement or purchased with funds provided pursuant to this Agreement. PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PATV may have in property, improvements, fixtures or equipment purchased as a result of this Agree. ment. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will the cities be responsible for any fees incurred as a result of such protest. PATV shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities shall be disposed of as described in Section 18,C of this Agreement. Section 8. Insurance. PATVshall maintain in full force and effect, and at all times during the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PATV and may be paid from funds received pursuant to this Agreement. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, equipment, and comprehensive automobile liability for any vehicle owned, leased, or operated by PATV. Worker's Compensation. Full Worker's Compensation Insurance and Employer's Liability with limits as required by Iowa law, Cities as Co-Insured or Additional Insured. The cities shall be named as co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, non-renewal or major change in coverage or expiration may be effected by the insurance company or PATV without first giving the cities thirty (30) days written notice prior to the effective date of such cancellation, non-renewal or change in coverage. Any insurance or self-insurance maintained by the cities, its officers, agents, employees, or volunteers, shall be in excess of PATV's insurance, and shall not be deemed as a contribution to PATV's coverage herein. Do Notification of Coveraoe. PATV shall file with the cities Certificates of Insurance for coverages required above, to be filed within thirty {30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice. the cities may request that Certificates of Insurance be provided at any time. 5 Section 9. Non-Discrimination in Employment. PATV shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. Section 10. Independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal/agent or employer/employee exists between the cities and PATV. If in the performance of this Agreement any third persons are employed by PATV, such persons shall be entirely and exclusively under the control, direction, and supervision of PATV. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PATV, and the cities shall have no right or authority over such persons or terms of employment. : Section I 1. Assi(~nment. Neither this Agreement nor any interest herein shall be assigned or transferred by PATV, except as expressly authorized in writing by the cities. Section 12. Annual Reoorts. PATV shall prepare and provide annually to the cities, within 90 days following the end of each fiscal year, a written report of operational activities, which report shall include, but not be limited to, the following information: A. Information as outlined and required in the performance evaluation. Current and complete listing of PATV's Board of Directors. Ye~r-end financial statements. In addition, PATV agrees to provide: Audited financial statements if requested by the cities. If PATV chooses to conduct an audit at any time, copies will be provided to the cities. E. Monthly reports at Broadband Telecommunications Commission meetings. Section 13. Records. PATV shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. Funding. PATV shall receive funding as a result of the franchise agreements between the cities and Cablevision VII, Inc. Pursuant to the aforementioned, funds will be made available to PATV as follows: Cities (by Iowa City) shall pay to PATV annually on or about January 15th of each year an amount based on a 1996 annual payment of $153,293.52, subject to a yearly escalator as provided in the franchise agreement between Iowa City and Cablevision VII, Inc. and further subject to the provisions of Subsection A. 3 of this Section. 6 Cities of Iowa City and Coralville understand and agree that the funding formula in Section XI-C of the franchise agreement between Iowa City and Cablevision VII, Inc. includes funding for public access and community programming from Cablevision VII, Inc. on behalf of both cities. All of the above notwithstanding, funding from the cities to PATV shall only be provided as long as Cable Television Franchisee is obligated to, and continues to, provide funding as specified in Subsection A. 1. of this Section. Cities shall not be obligated herein to make any annual payment to PATV unless and until such amount is paid to Iowa City by Cablevision VII, Inc. B. Continued Services. The parties shall continue to utilize dedicated channel(s) as provided for in the cities' cable ordinances decreeing public access channel dedication. The cities will make reasonable efforts to enforce all provisions of their respective ordinances and franchise agreements regarding public access. Section 15. Expenditure of Funds. PATV shall spend funds received from the cities solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years. Section 16. Fundina From Other Sources. PATV may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of Aclreement. This Agreement shall commence on October 1, 1996, and end on December 31, 1999,unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for additional three year periods as set forth below. Section 18. Termination of A~reement: Transfer of Assets. The cities shall have the right to terminate this Agreement for breach of any provision of the Agreement by PATV, upon sixty (60) days written notice to said breaching party, provided that the breaching party may avoid termination by curing any such alleged breach within thirty {30) days of notification or within a timeframe agreed to by the Parties. The cities may also terminate this Agreement at the expiration of its term, or any extension thereof. The cities may also terminate this Agreement if PATV is dissolved. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the cities, upon sixty {60) days written notice to them, provided that said Parties may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. 7 Go In the event of termination of this Agreement, a committee shall be formed of an equal number of representatives from PATV and the cities, in order to determine the transfer and disposal of all assets and equipment in order to best serve public access and community needs. The cities shall have the right to terminate this Agreement on thirty (30) days written notice to PATV in the event that funding for public access shall cease to be provided by operation of federal or other applicable law. In such event, and notwithstanding Section 14. hereof, the cities shall have no liability to provide funding to PATV, nor shall the cities be liable to PATV for any damages it may suffer of claim resulting from the termination of this Agreement. Section 19. Renewal of Aqreement. This Agreement may be renewed or extended for additional periods, pursuant to the following process: If PATV seeks a renewal of this Agreement, it shall do so on or before June 30, 1999, by letter of Intent to the cities requesting renewal. The cities shall respond to PATV's letter of intent to request renewal within sixty (60) days. Renewal may not be denied solely on an alleged failure of PATV to comply with the terms of this Agreement unless the cities have provided PATV a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. If the cities indicate their desire to renew this Agreement, PATV shall, within sixty (60) days, submit to the cities a letter outlining the content of the proposed new Agreements including items to be negotiated in the renewal process. If the cities indicate their intention not to renew this Agreement, they must delineate, in writing, specific reasons for said denial. PATV shall be afforded a public hearing, if requested by PATV, which hearing shall be specific. to PATV's performance during the period of this Agreement and to the cities' announced intention to deny renewal. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time, Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute which cannot be resolved through mediation or where mediation has been rejected by one or both 8 of the parties, the courts of jurisdiction shall be the Iowa District Court in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PATV: Public Access Television, Inc. 123 S. Linn Street Iowa City, IA 52240 To City: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 To Coralville: City of Coralville 1512 7th St. Coralville, IA 52241 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire Aoreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain in full force and effect. 9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, a municipal corporation Nac~mi J.~Novlck, Mayor PUBLIC ACCESS TELEVISION, INC. a non-profit corporation Derek Maurer, Chairperson City Clerk Date: Sel~t, emb~r 24, 1996 Date: JJ~. By: CITY OF CORALVILLE, a municipal corporation ~m-Fausett, Mayor APPENDIX A Public Access Television (PATV) equipment to be available for checkout at Coralville Public Library: · one ,S-VHS camcorder, including manual and battery charger adaptor · two batteries for camcorder · one tripod · one lavalief microphone · one hand-held microphone · one desk microphone stand · one XLR to mini cord · one XLR to XLR cord PATV may supply additional equipment to be available at the Coralville Public Library during the term of this contract, as agreed upon by both Coralville and PATV. This equipment will be made available to persons certified by PATV to operate portable video equipment. This certification process involves completing the Guidelines and Camcorder workshops, and acquiring a producer card which the producer will be asked to show at time of checkout. These workshops will be offered periodically in Coralville and are offered monthly at PATV's facility in Iowa City. 6 Cities of Iowa City and Coralville understand and agree that the funding formula in SectionXI-C of the franchise agreement between Iowa City and ~blevision VII, Inc. includes funding for public access and community progra, from Cablevision VII, Inc. on behalf of both cities. J All of the above notwithstanding, funding from the cities rovided as long as Cable Television Franchisee is obli( provide funding as specified in Subsection A. 1. of this be obligated herein to make any annual payment to amount is paid to Iowa City by Cablevision VII, shall only be and continues Cities shall unless and until B. Continued ~ices. 1. The cities' shall continue to utilize dedicated as provided for in the ordinances decreeing public acce channel dedication. 2. The cities respective make reasonable efforts ~nces and franchise agrE enforce all provisions of their garding public access. Section 15. Expenditure of s. PATV shall sp~ received from the cities solely for the purposes listed in this reement, and the purpose of accomplishing PATV's mandate as described in PATV's :icles of Incc )oration and Bylaws. Funds not expended in a given fiscal year may be carr~ into fiscal years. Section 16. Fundin.q From Other So~ receive supplemental funds from activities. may, during the course of this Agreement, including, but not limited to, fund raising Section 17. Term of Aqreement. Tt end on December 31, 1999,unle~ Agreement may be extended, by year periods as set forth ent shall commence on October 1, 1996, and as provided in this Agreement. This reement of the Parties, for additional three Section 18. Termination of teemerit: Transfer A. The c~ties shall hl of the AgreemE party, provide the breaching party may alleged brea( thirty (30) days of by the Part The cities may also terminate this A term, or extension thereof. The cities may is diss, B. PATV/shall have the right to terminate this Agreement for thi~/Agreement by the cities, upon sixty (60) days written t.h.~t said Parties may avoid termination by curing any such ~30) days of notification or within a timeframe agreed to by the right to terminate this A eement for breach of any provision by PATV, upon sixty (60) written notice to said breaching termination by curing any such within a timeframe agreed to ment at the expiration of its ate this Agreemenl if PATV ~ch of any prowsions of !~ce to them, provided breach within thirty