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Home My WebLink About2004-11-16 Resolution i/ ' ': , I ~~(;LJ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-309 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 718 HIGHLAND AVENUE TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7, 2004. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 718 Highland Avenue, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 718 Highland Avenue for the principal sum of $123,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that 1. The City Council does hereby declare its intent to convey a single family home located at 718 Highland Avenue, Iowa City, Iowa, also known as Lot 27 in Part One Plum Grove Acres Subdivision, to a public housing program tenant for the sum of $123,000. 2. A public hearing on said proposal should be and is hereby set for December 7, 2004, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 16th day of November , 2004. Pt.)· ~~ Approved by ATTEST: ~.u.,~..-J ~ ~J ~~ 1(- '" -0 't CITY , LERK City Attorney's Office Resolution No. 04-309 Page 2 It was moved by Champion and seconded by Ba il ev the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn M\r, , [=:J Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-310 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1508 DOVER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7, 2004. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1508 Dover Street, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 1508 Dover Street for the principal sum of $132,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that 1. The City Council does hereby declare its intent to convey a single family home located at 1508 Dover Street, Iowa City, Iowa, also known as Lot 40, Village Green South, to a public housing program tenant for the sum of $132,000. 2. A public hearing on said proposal should be and is hereby set for December 7, 2004, at 7:00 p,m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 16th day of November ,2004. ~tJ. ~~--- MAYOR Approved by ATTEST:~~ I!. ~ ~,,~ ( ( .. ~-Olt CITY LERK City Attorney's Office Resolution No. 04-310 Page 2 It was moved by Champion and seconded by Ra il f'Y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ,\/1+/¡ IJ;] , , ( Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-311 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2614 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR DECEMBER 7, 2004. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2614 Indigo Court, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 2614 Indigo Court for the principal sum of $105,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that 1. The City Council does hereby declare its intent to convey a single family home located at 2614 Indigo Court, Iowa City, Iowa, also known as Lot 77, Whispering Meadows, Part Two, to a public housing program tenant for the sum of $105,000. 2. A public hearing on said proposal should be and is hereby set for December 7, 2004, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 16th day of ATTEST: /J~,~ ~ ~ CIT LERK Resolution No. 04-311 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn I~ .~~, o;J " 0-- 4f 1 Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St.,lowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 04-312 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES .. PART 5, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Wild Prairie Estates - Part 5, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Wild Prairie Estates - Part 5, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Pa"ed aod approved !h;s 16th day of .ovember~; ~ ~ _ MAYOR Appro~ ATTEST: ~ J/ ~ ~ ' fl/s-It.Pÿ- C~LERK City Attorney s Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X B~ X Lehman X O'Donnell X Vanderhoef X Wilburn pwengfres/wildprairie.doc 10/04 Ij j ~ 1 ~~~~'t ~~ ..gg.~ ...,..~ CITY OF IOWA CITY 4 I 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 ENGINEER'S REPORT (319) 356-5009 FAX www.¡cgoY.org October 29,2004 Honorable Mayor and City Council Iowa City, IA Re: Wild Prairie Estates - Part 5 Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Wild Prairie Estates - Part 5, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements by Bockenstedt Excavating, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, 2",...J/2 "2. 1:-'- Ronald R. Knoche, P.E. City Engineer pweng\ltrlwildprairie5-engrptdoc ; -4'-; I (][J Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-313 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A STORM WATER DETENTION BASIN EASEMENT LOCATED ON LOT 22, APPLE RIDGE SUBDIVISION WHEREAS, the City possesses a 0.5 acre storm water detention basin easement on Lot 22, Apple Ridge Subdivision; and WHEREAS, the owner of said lot wishes to construct upon a portion of said easement, and has requested that the City release a portion of the easement area consisting of approximately .15 acre; and WHEREAS, the Public Works Department has recommended the release of the existing easement area in exchange for a replacement storm water detention basin easement as well as a sanitary sewer easement; and WHEREAS, it is in the public interest to release said portion of the easement area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council find it is in the public interest to release the existing easement referenced above in exchange for a replacement storm water detention basin easement as well as a sanitary sewer easement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest, a release of storm water detention basin easement agreement, a replacement storm water detention basin easement agreement, and a sanitary sewer easement agreement, as approved by the City Attorney's Office and the City Public Works Department. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the appropriate release, said recording cost be paid by the owner of the subject property. PassedaodapP'ovedth;s 16th daYof&/Q ~~ _ APpr~~ / -(1.94- ~." J/' . II S ATTEST: '0.-<'/-,_../ ~ ~J .i; l / CI LERK City Attorney's Office Resolution No. 04-313 Page 2 It was moved by Champion and seconded by Ba il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef x Wilburn , t I' ....\,., -,...-r-.._£. L, r:D 4f 3 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 04-314 RESOLUTION AMENDING THE CITY OF IOWA CITY COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL BY AMENDING APPENDIX C AND AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE CHANGES IN THE FUTURE. WHEREAS, Resolution No. 03-315, adopted by the City Council on October 14, 2003, established the existing Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol; and WHEREAS, Resolution No. 04-286, adopted by the City Council on October 19, 2003, amended Appendix C and Appendix D of the Program; and WHEREAS, Appendix C has been updated to reflect a change in the current safety sensitive positions subject to the program; and WHEREAS, due to ongoing changes in the governing federal law and changes in job duties the policy is subject to frequent revision to keep it current. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Appendix C of the Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol, as amended, be replaced by the attached updated Appendix C. 2. The City Manager or designee is hereby authorized to update the Commercial Driver's License Substance Abuse Prevention Program for Drugs and Alcohol to address changes in the governing federal law and other non-substantive changes including, but not limited to, the addition or removal of jOb titles subject to the program. Passed and approved this 16th day of , 20.,QL. ATTEST:~~ ¡(. ~~ CIT LERK Humanrel/res/resolutionCDL.doc Resolution No. 04-314 Page 2 It was moved by Champion and seconded by Ba il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Appendix C DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM SAFETY SENSITIVE POSITIONS 49 CFR, Part 382 EQUIPMENT: SOLID WASTE: Mechanic I MW I - Refuse Mechanic II MW 11- Refuse Mechanic III Asst. Solid Waste Superintendent Shop Supervisor STREETS: Equipment Superintendent MW I - Streets CEMETERY: MW II - Streets MW 111- Cemetery MW 111- Streets FORESTRY: Sr. MW - Streets MW 1- Forestry Asst. Streets Superintendent MW II - Forestry Streets Superintendent Sr. MW - Forestry TRAFFIC ENGINEERING: CBD: Electronics Tech MW II-CBD Electrician PARKS: WATER: MW II - Parks MW I Customer Service MW III - Parks MW II Water Service Sr. MW - Parks Maintenance Operator Sr. MW - Turfgrass Sr. TPO Parks & Forestry Superintendent Sr. MW - Water Plant WASTEWATER: Utilities Technician MWI WATER DISTRIBUTION: MWII MW II - Distribution MWIII-WW MWIII - Distribution MW III - Collection Sr. MW - Distribution Sr. MW - Collection AIRPORT: Sr. MW - Plant MWI Maintenance Operator Airport Manager TPO 49 CFR, Part 655 Sr. TPO LANDFILL: TRANSIT: MW 11- Landfill Body Repair Mechanic MW III - Landfill Mass Transit Operator MW II - Landfill/Recycle MW 11- Transit Transit Operations Supervisor Transit Manager Mechanic II - Transit Mechanic III - Transit Shop Supervisor - Transit All employees working in temporary positions requiring a CDL. humanrer/manuaJsJcdrdrugpol.doc 11/04 A , ^'.J:,' D;[ Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 04-315 RESOLUTION APPROVING THE DESIGN OF THE SIGNAGE FOR "KCRG 9 NEWS" AND "THE GAZETTE" ON OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. WHEREAS, the applicant, Sign Productions Inc., has filed an application for the design approval of exterior signs for "KCRG 9 News" and 'The Gazette" on Old Capitol Town Center located at 201 S. Clinton Street, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the signage for "KCRG 9 News" and "The Gazette" on the Old Capitol Town Center located at 201 S. Clinton Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 16th day of November ,2004. _&/t/"=--- AYOR ATTEST: ~¿.) < ~ APprov~ I!! ' T ~ 11(e:¡/Q'f CIT LERK Ity Attorney's Office Resolution No. 04-315 Page 2 It was moved by Champion and seconded by Sa il ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn .~ , L; T ! ~,&.... I CITY OF IOWA CITY Design Review Certificate of Approval for Signage The proposed sign for Xc ;2.(" / C /12. r., 719 J has been reviewed on Id9/0L/ J.. 0" S. CI W'lO tV I t \ oC,lI,JOif . nO} to L( t- seAl 0'1' (X)/bS (case number) The proposed sign meets all sign ordinance requirements and has been approved by the Design Review Committee. ~~/ -do/4: . ~cJ1l04 Date ~~ i2~ D:!/ 9joL/ ~ Ream -1 j 3' 181:4" 7'-2' I r93i4' "O<'''',li~nfc,I@i1,d.''M uo,,"'<;'/cnfor'ght'<!e....e..... Left side view AIJminum A.crylcback C 3-6" Flu:resc€mlamp ,', -, . I ~ I, r -" / , ,0 ~ '" - ,1_':'" 0 ~< :-,~- - I \' f ~ I , -Aluminum face ~ Internal aluminum tub<>frarne 11-2' Power to sign needs to come tru .JOB OESCFlIPTION wai,exactlocaton to be determined (2) Halo lit Aluminum Signs 0----- A) left section to read 'g' B) fight section 10 read 'KCRG.TV' & 'NEWS' All Faces & returns painted to match metaiilC Silvel ~r:lJ Halo it with internallluorescent lamps Letters & back in White Acrylic C) F at cui aluminum letters pa nted silver 10 read 'YOUR 24 HOUR NEWS SOURCE' D) Mount centered on t~ North corner of East fascia as shoNn Exact placement 01 signage will be conhrmed once revisiol1of Jasciaiscomplete 'Eeclr1cal hoc*up& power 10 sgn by others FILENAME: GCIC02.1 DATE09/G9AJ4 SCAlE 314" = l' J!J9 NAME G.tnlte Communieations . KCRG fueja signage LOCATION Old Capitol Mall, lows City CONTAC1David Welsh ~ONE398-8360 DRAWN "Bill Filios SAL"MAN Scott Person DESIGN APPROVED BY: I~; 5 H OI>:;IN~, (011";1" GcN,',HJ COIOIIIINI ClWCD 10' fOC! P!1!OMI \5~ N CONNicr,o~ W,M A 'W)fe' ifl'~:; PlA,MD I:R 'OU H 5 GN 'WDU(110~$ NC '01015 IE/'tUf"ItD ON fHIS NI~T .lIAr HO' JUrt~ nil fMi CHII', VIHYL 01 ,,,,,,rCOIOII fXACnr. ~ IS 10!! mWft AS A COLOR W!f5!NWIO~ DMY T~5 p~~, 'S,~CTT09E $HOW\ 'QANI::'N:OlTSIDfOf lOUR OPGAN Z~10N 'iO' S lITO I! 'fFWDUC:P (OPlfD CP E1HMiD,~ ANI 'A\~IO~ If NOT IUTUltNeD WITHIN TlWlTr OArs HOM DAre we iHSUVE THe RIGHT TO CHARGE fOR rHE CltUrlVf rtME INVOLVED IN Irs DeVElOPNlfNr AUTHORIZED SIGNATURE ([7t=2 '- t=l1l1 b17. Ll:l~d\![l/~I Il'l'l't: !5t=2<-:"t (..~'18"":S37"";S~21.J/ ~ DATE ~~ ~;i ~~ ~~ ,- ~~ a;;; !>:~ ~ ~~ 2~ "- '.L\; '0 0"' -< ;Ji: ~ ~~ ' OQ t;;>Z:: ~~ ~~ 0, <0 ,', , " a~ 00 ;sQ -> ~~ ~~ ~Ji: ~q >1< ., ~!i ;:"" !~ - ----- .e o~ ," ~i '0 ~~ c ~~ i; ~i ~$ .. ~i 'of ;;~ " fij ~! 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"""= j[ .... ~ i~Q~ ~ ~ D '" '" '" . ~ r " (I>",iiS~ !L- ~<g';ji>- r- "D ~E 3~ ?~~6 ~-t ~ ~ ~ ~~~ ~ 0 -0 . ~~\i<g Z ro " v:: ~ ~3 -::;: 0 <t><t>= ~ m Prep~d b, _rt M'., PCD, 410 E. W,_"", St., low'; C>y, " 5224{); 319·356·524{) (SU804-00030) ~ RESOLUTION NO. 04-316 6c RESOLUTION APPROVING THE PRELIMINARY PLAT OF SADDLEBROOK MEADOWS, PART 1, IOWA CITY,IOWA. WHEREAS, the owner, Saddlebrook Meadows, LLC, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Saddlebrook Meadows, Part 1; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Saddlebrook Meadows, Part 1, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 16th day of ¡!:::h/. AYOR ATTEST: ?:r~ .¡(. ~ Approved by J ~ /ø/-e-?/Cf-. /I!~~' . CI CLERK City Attorney's 0 Ice It was moved by ----ÏLi J bJ,J rn . and seconded by Q I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdadminlreslsaddlebrk1.doc I, " I' .:- STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB04-00030, Saddlebrook Meadows, Date: October 21, 2004 Part 1 GENERAL INFORMATION: Applicant: Saddlebrook Meadows, L.L.C. Contact Person: Kordick Surveying and Engineering 689 185th Street Tipton, IA 52772 319-350-9767 Requested Action: Preliminary Plat Purpose: 47 lots for the construction of 18 single- family homes, 3 duplexes, 20 zero-lot line dwellings and 6 townhouses. Location: Heinz Road south of Paddock Blvd. Size: 8.95 acres Existing Land Use and Zoning: Vacant, RS-8 Surrounding Land Use and Zoning: North: RS-8, residential South: RS-8, vacant East: Agricultural, county zoning, RFBH, residential West: RS-8, vacant Comprehensive Plan: Residential duplex or small-lot single-family File Date: September 29, 2004 45-Day Limitation Period: November 13, 2004 SPECIAL INFORMATION: Public Utilities: Municipal water and sewer service are available to serve this property. Garbage collection will be provided by the city. Public Services: Police and fire services will be provided by the City. 2 BACKGROUND INFORMATION: The Saddlebrook development was annexed into the City in 1994. The annexation and zoning of this property was subject to a Conditional Zoning Agreement (CZA). The major conditions of the CZA specified that the applicant would provide for wetland protection and mitigation; construction of a trail network; dedication or payment of fees for neighborhood open space and dedication of a school site. The subject area was zoned RS-8, Medium Density Single-Family at that time. Earlier this year a Planned Development Housing Overlay (OPDH) over the existing RS-8 zoning was approved to allow the development of single-family homes, duplexes and townhouses. The OPDH request allows lot area and lot widths that are smaller than what would be allowed in a standard RS-8 neighborhood. ANALYSIS: The preliminary plat complies with the approve OPDH plan. As provided for in the OPDH plan many of the lots are narrower and smaller in lot area than normally required by the underlying RS-8 zoning. Lots 28-32 are for town house units. Lots 33-37, 39-43, 45-47, 22-27 are for single-family homes. Lots 38, 44 and 21 are for duplexes. Lots 1-20 are for attached zero lot line dwellings. A common private open space is located near the center of the subdivision. Public alleys will provide vehicular access for the lots located south and west of Blazing Star Drive. The preliminary plat does contain minor technical deficiencies that should be corrected prior to the Commission's vote. Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the dedication of 16,500 square feet of public open space or payment of fees in lieu of open space for a development of this size. The Parks and Recreation Commission has indicated that open space dedication for the Saddlebrook development should occur in the far western portion of the RS-8 zone where it can be added to the Sycamore Greenway. At the time the final plat is approved, the legal papers should specify this. Mitigation Plan: The CZA for Saddlebrook requires that a mitigation plan be submitted for each phase of the development to show how the wetlands will be protected from stormwater runoff. Update of the mitigation plan is required with the stormwater calculations. STAFF RECOMMENDATION: Staff recommends that this application be deferred pending technical deficiencies identified by the City Engineer. Upon resolution of the deficiencies staff recommends that the preliminary plat of Saddlebrook Meadows Part 1, an 8.95-acre 47-lot residential subdivision located south of Whispering Meadows Drive, be approved. ATTACHMENTS: 1. Location Map 2. Preliminary Plat -, ¥¿¿W~ Approved by: Kari Franklin, Director Department of Planning and Community Development ppdad mi n\slfrep\rez04-0000B .doc - CITY OF IOWA CITY ~ -3; 3 - "'m" \/whisper.ing "" ~worehouse _ ~ -I-- Zf----- ~ - ~ ;! -:;;:Sf----- Meadows /Y :J <í o-'\---- -~ Q - Vì\ I ¡Wetland = ~WJ PorK RFBH ~~ ~ ~ II~ ~ ~ ~ WHISPtR II~ 111 I~~ í\ GOO~ \t RI;~III ,v lY)'l \~'0\ ~ 0 '8 RS8 f---, ~ II , ~ tj,1R=:\ ¡:::::\~ ) f1) \---- ~v '>- ~~~ \PRI~RosElfj~ ~l¡\ OfDH/RS 2 1\ I- \ (;'~oêf ~ V ?ì 8 ,f is \ "oal ~ II ! ~ ~1l:: Ií ~~L \ 0 ~ IANU LN ...--- r }~ < ª ~ I J '--~ ~ ~-~-j)l ~ // 1 " m "IT 1[" ~"C'''"~hON) lJ) u u ....-')- eRr----- NW C) W 0 ~ ~ z....J « z z <:> ---------- ::.---- :2 ~~ ~ ~ ~ - _ I:::> "- --1 ¡ ¿ '- _ -'I fus NG~ RS8 I RFBH,I :;: , I / / D:': I I .' ~ I I D- )~ "-'- L-' D:': ____ -- -- --- __rUTUR[ -__. _ , ___ 0 ~ ~ - ~- ÞA¡¡"W~i_~~_ _~_,:- ~ /" L. ) /"'"--- --'-E'\ ,,- ! \ \ (J' ~i ",_/ SITE LOCATION: Saddlebrook Meadows Part 1 SUB04-00030 I . .y,()' ~ y), j f'fB..IINARY'PLAT " .!Y ~ ~ ~ IL I V I' I SACCI.&!AOOK a.EADOW8 jtl ~.,...$ / / j- ~ j- / gl/:),\ ~ ' PART 1 j- j- '" ~_ _. ,,"' ,~' ~'.x: IOWAan', IOWA NI!O"21' 4" WI< U'.. .... ~ ..' 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SADDLEBROOK MEADOWS ~ I I (í~"'~ EROSlONCON11IOLOIKE ~~~.._ PART' I. '. ~ . ,r."::." r. ~LELTOCURB _ ~ _ ..:... ..,,/- ~_x.. ./ .....&..- .-&-.J!. tOl'. ,. ~........ ..' ..: II ..:.uc~ ifiliON CONTROL WINGS LOCATION MAP -- - ......,.. ""'f'~:J I L .....IIIIIII'Ur" - I:=: PUN APP1IOVD BY 'I'I1II I«!~~_ _ __......T ~ _.... .:-::". crrr 01' IOYA crrr ~ ..... _ BLAZrNGSTARDRNECROSSSECT1ONIPUBUC) I -==~ ..... ........ ~I ~ ..., AL.LEYC"EC77DNfPU~.---" =n::...... ...em, ... ~~ TFM Consultants, Inc. 620 Ronalds Street Iowa City, IA 52245 (319) 621-1980 Brenda Nelson 10/28/2004 Nelson Design 112 W 5th Street West Liberty, IA 52776 Re: Wetland Site Evaluation of the proposed Saddlebrook Meadows, Part 1 in the northwest Quarter of Section 25 - Township 79N - Range 6W, Johnson County, Iowa. Dear Ms. Nelson: We met on Wednesday the 2¡th of October, 2004 to walk the property in the northwest quarter of Section 25 - Township 79N - Range 6W, Johnson County, Iowa (Figure 1) and determine the presence of jurisdictional wetlands. As we discussed, there are three components necessary for an area to be classified as a wetland; hydric soils, hydrophytic vegetation, and wetland hydrology. Once these parameters have been identified, a direct surficial connection from the wetland area to a jurisdictional blue-line stream must be found. While there are hydric soils within the boundary of the proposed development site, the existing vegetation of the site and the lack of wetland hydrology suggest that there are no jurisdictional wetlands in this area. The site is dominated by dandelions and an upland variety of goldenrod. In addition, the site is very well drained, as there were no obvious wet areas after two days of rain and drizzle. There is a blue-line stream to the south but there is no evidence of any wetland area within the boundary of the proposed development that drains to this stream. The lack of wetland vegetation and hydrology strongly support the position that there are no jurisdicitional wetlands in the proposed Saddlebrook Meadows, Part 1 area. If you feel for any reason that this evaluation requires further validation, I recommend you contact Mr. Gene Walsh with the U.S. Army Corps of Engineers, Rock Island District. You can request a site evaluation and a jurisdictional determination. It is useful to provide him with copies of this and the preliminary evaluation that has been completed. After meeting with you on site, he will write a letter regarding his formal determination. TFM Consultants, Inc. appreciates the opportunity to work with you and we look forward to further contact in the future. If you have any questions regarding this on-site evaluation, please feel free to contact me at (319) 621-1980 or by email jelizabeth.maas@gmail.com. s:oœre;,~ , k s . Elizabeth Maas, M.S. Project Manager Ñ\4;-;¡ U November 16 ,2004 The City Council ofIowa City, Iowa, met in requ 1 a r session, in the Emma J. Harvat Hall, City Ha 11, Iowa City, Iowa, at 7: 00 o'clock L.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Bailey, Champion, Elliott. Lehman. O'Donnell. Vanderhoef. Wilburn Absent: None ******** -1- LLJ Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. I TO THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN FOR THE CITY OF lOW A CITY, lOW A," and moved that the same be adopted. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Elliott. Lehman NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 04-317 RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO.1 TO THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN FOR THE CITY OF lOW A CITY, IOWA WHEREAS, by Resolution No. 99-111 , adopted Apri 1 6 , 1999 this Council found and detennined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Northgate Corporate Park Urban Renewal Plan (the "Plan") for the Northgate Corporate Park Urban Renewal Plan Area (the "Northgate Corporate Park Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Johnson County; and WHEREAS, the Northgate Corporate Park Urban Renewal Area includes and consists of: Lots 1-20 Highlander Development, First Addition, Iowa City, Iowa. -2- WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Plan; WHEREAS, City staff has caused there to be prepared a form of Amendment No. 1 to the Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and include within the Plan additional land, as follows: Weiler Parcel Auditor's parcel B as described on plat of survey recorded in Book 34, Page 191, Plat Records of Johnson County, Iowa, being a portion of the northeast quarter of the southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.; subject to easements and restrictions of record. Jones\Southgate Development Company Parcel That portion of the northwest quarter of the southeast quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M., excepting therefrom that portion platted as Highlander Development First Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 25, Page 52, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. Fuhnneister Parcel* Beginning at the Southeast Corner of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the 5th Principal Meridian, and for the purpose of this legal description, the East line of said Northwest Quarter of Section 36, is assumed to bear NOoo26'16"W, Thence SOoo55'48"E, along the East line of the Southwest Quarter of said Section 36, 196 89 feet, Thence N88°59'20"W, 388 43 feet, Thence NOl °00'40"E, 20 00 feet, Thence N83°00'08"W, 8015 feet; Thence N06°49'44"E, 4454 feet; Thence Northwesterly, 96 99 feet, along a 9289 foot radius curve, concave southwesterly, whose 92 64 foot chord bears N23°04'58"W, Thence Northwesterly, 43.89 feet, along a 74 26 foot radius curve, Southwesterly, whose 4325 foot chord bears N69°55'35"W, Thence N86°51 '30"W, 223 62 feet, to a point on the centerline of Iowa Highway No 1, Thence Northeasterly 377 94 feet, along a 286500 foot radius curve, concave Southeasterly, whose 377 74 foot chord bears N35°43'24"E; Thence N39°06'09"E, along said Centerline, 562 50 feet; Thence S50053'51''E, 261 84 feet, to a point on the East Line of said Northwest Quarter of Section 36; Thence SOoo26'16"E, along said East Line, 541 88 feet, to the -3- Point of Beginning Said Tract of land contains 9 66 acres more or less, and is subject to easements and restrictions of record; said real estate being also described as. Auditor's Parcel No A as shown on the Plat of Survey of a Portion of the NWI\4, Section 36, Township 80 North, Range 6 West of the 5th P M recorded in Plat Book 32, at page 67, plat records of Johnson County, Iowa The above described real estate is subject to the right ofIowa-Illinois Gas and Electric Company to maintain it's existing electrical lines and poles over and on said real estate and to enter upon said real estate to repair or replace said lines and poles, and, is further subject to an easement in favor of the grantors, their assigns and successors in interest, to maintain the existing utility service line over the above described real estate serving the house situated on grantor's real estate situated southerly and southwesterly of the above described real estate. * Only the part ofreal estate described above that is located within the corporate boundaries of the City of Iowa City shall be included in the Northgate Urban Renewal Area. ; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment No.1 to the Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such Amendment, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Amendment; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment to the Northgate Corporate Park Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and -4- WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Amendment to the Northgate Corporate Park Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF lOW A CITY, IOWA: Section 1. That the consultation on the proposed Amendment No. 1 to the Northgate Corporate Park Urban Renewal Plan required by Section 403.5(2) of the Code ofIowa, as amended, shall be held on the 8th day of Decembf'r ,2004, in the Lobby Conference Room, ~l n Iowa City, Iowa at 10: 00 o'clock L.M., and the Designated Representative is hereby appointed to serve the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No.1 to the Northgate Corporate Park Urban Renewal Plan, said notice to be in substantially the following form: -5- NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF lOW A CITY, lOW A AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO.1 TO THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN FOR THE CITY OF lOW A CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code ofIowa, as amended, commencing at 10:00 o'clock A.M. on December 8, 2004, in the Lobby Conference Room, City Hall, Iowa City, Iowa concerning a proposed Amendment No.1 to the Northgate Corporate Park Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The Designated Representative of the City of Iowa City shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. I to the Northgate Corporate Park Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City ofIowa City, Iowa, as provided by Section 403.5 of the Code ofIowa, as amended. Dated this 29th day of November, 2004. City Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held on the proposed Amendment No.1 to the Northgate Corporate Park Urban Renewal Plan before the City Council at its meeting which commences at 7: 00 o'clock .J:.M. on January , 2005, in the Emma J. Harvat Hall, City Ha 11 , Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the "Press-Citizen", once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following fonn: -7- Publish 12/16 (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROY AL OF THE PROPOSED AMENDMENT NO.1 TO THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN FOR THE CITY OF lOW A CITY, IOWA The City Council of the City ofIowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on January 4,2005 in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa to consider adoption of proposed Amendment No.1 to the Northgate Corporate Park Urban Renewal Plan (the "Plan") concerning an area in Iowa City, Iowa legally described as follows: Lots 1-20 Highlander Development, First Addition, Iowa City, Iowa. which land is included as part of the Northgate Corporate Park Urban Renewal Plan area (the "Northgate Corporate Park Urban Renewal Area"). A copy of Amendment No. 1 to the Plan is on file for public inspection in the office of the City Clerk, Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Amendment No.1 to the Plan is approved, shall undertake the urban renewal activities described in such Plan and Amendment. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making ofloans or grants of public funds to private entities under Chapter 15A of the Code ofIowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. The proposed Amendment No.1 to the Plan would set forth and include within the Plan the following additional property: Weiler Parcel Auditor's parcel B as described on plat of survey recorded in Book 34, Page 191, Plat Records ofJohnson County, Iowa, being a portion of the northeast quarter of the southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M.; subject to easements and restrictions of record. Jones\Southgate Development Company Parcel That portion of the northwest quarter of the southeast quarter of Section 36, Township 80 North, Range 6 West of the 5th P.M., excepting therefrom that portion platted as Highlander Development First Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 25, Page 52, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. Fuhrmeister Parcel * Beginning at the Southeast Comer of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the 5th Principal Meridian, and for the purpose of this legal description, the East line of said Northwest Quarter of Section 36, is assumed to bear NOoo26' 16"W, Thence SOoo55' 48"E, along the East line of the Southwest Quarter of said Section 36, 196 89 feet, Thence N88°59'20"W, 388 43 feet, Thence NOI °00'40"E, 20 00 feet, Thence N83°00'08"W, 8015 feet; Thence N06°49'44"E, 44 54 feet; Thence Northwesterly, 96 99 feet, along a 92 89 foot radius curve, concave southwesterly, whose 92 64 foot chord bears N23°04'58"W, Thence Northwesterly, 43.89 feet, along a 74 26 foot radius curve, Southwesterly, whose 4325 foot chord bears N69°55'35"W, Thence N86°51 '30"W, 223 62 feet, to a point on the centerline ofIowa Highway No I, Thence Northeasterly 377 94 feet, along a 286500 foot radius curve, concave Southeasterly, whose 377 74 foot chord bears N35°43 '24"E; Thence N39°06'09"E, along said Centerline, 562 50 feet; Thence S50053'51''E, 261 84 feet, to a point on the East Line of said Northwest Quarter of Section 36; Thence SOoo26' 16"E, along said East Line, 541 88 feet, to the Point of Beginning Said Tract of land contains 9 66 acres more or less, and is subject to easements and restrictions of record; said real estate being also described as. Auditor's Parcel No A as shown on the Plat of Survey of a Portion of the NWI\4, Section 36, Township 80 North, Range 6 West of the 5th P M recorded in Plat Book 32, at page 67, plat records of Johnson County, Iowa The above described real estate is subject to the right ofIowa-Illinois Gas and Electric Company to maintain it's existing electrical lines and poles over and on said real estate and to enter upon said real estate to repair or replace said lines and poles, and, is further subject to an easement in favor of the grantors, their assigns and successors in interest, to maintain the existing utility service line over the above described real estate serving the house situated on grantor's real estate situated southerly and southwesterly of the above described real estate. * Only the part of real estate described above that is located within the corporate boundaries of the City of Iowa City shall be included in the Northgate Urban Renewal Area. All other provisions of the Plan would remain in full force and effect. This Notice is given by order of the City Council ofIowa City, Iowa, as provided by Section 403.5 of the Code ofIowa, as amended. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. Dated this 16th day of December, 2004. Marian K. Karr City Clerk, Iowa City, Iowa (End of Notice) Section 5. That the proposed Amendment No.1 to the Northgate Corporate Park Urban Renewal Area, now before this Council, for the Northgate Corporate Park Urban Renewal Area described herein is hereby officially declared to be the proposed Amendment No. 1 to the Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. I to the Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Amendment No. 1 to the Northgate Corporate Park Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its confonnity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within 30 days of the date hereof. PASSED AND APPROVED this 16th day of November , 2004. £/tJd£.-~ -- Mayor ATTEST: ~4{J K. .I(~ City . lerk DLILLEBO\431918\1\10714.085 -11- 7 '. NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF lOW A CITY, lOW A AND ALL AFFECTED TAXING ENTITIES CONCERNING THE OPOSED AMENDMENT NO.1 TO THE NORTH GATE C RPORA TE PARK URBAN RENEWAL PLAN FOR TH CITY OF lOW A CITY, lOW A The City of 10 City, Iowa will hold a consultation with all af cted taxing entities, as defined in Se ion 403.17(1) of the Code ofIowa, as ame ed, commencing at 10:00 o'clock A.M. on De mber 8, 2004, in the Lobby Conference oom, City Hall, Iowa City, Iowa concerning proposed Amendment No. 1 to the orthgate Corporate Park Urban Renewal Plan, a c y of which is attached hereto. Each affected taxing entity ay appoint a representativ: to attend the consultation. The consultation may include a disc ssion of the estimated owth in valuation of taxable property included in the Urban Rene I Area, the fiscal i act of the division of revenue on the affected taxing entities, the esti ted impact on t provision of services by each of the affected taxing entities in the Urba Renewal Ar , and the duration of any bond issuance included in said Plan. The designated representative of any a ecte taxing entity may make written recommendations for modifications to the prop d division of revenue no later than seven days following the date of the consultati The Designated Representative of the City of Iowa City shall submit a written resp se t the affected taxing entity, no later than seven days prior to the public hearing thep posed Amendment No.1 to the Northgate Corporate Park Urban Renewa lan, addr sing any recommendations made by that entity for modification to the pr osed division of revenue. This notice is given by orde of the City Council 0 the City ofIowa City, Iowa, as provided by Section 403.5 of the ode of Iowa, as amende Dated this 29th day 0 (END OF NOTICE) (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PROPOSED AMENDM~O. 1 TOTHENORTHGATECORPORATEPARKUR AN R EW AL PLAN FOR THE CITY OF IOWA C Y, IOWA / The City Cou cil of the City of Iowa City, Iowa, wi old a public hearing before itself at its meeting w . ch commences at o'cloc .M.on , 2004 in the Emma J. Ha at Hall, Civic Center, Iowa Ity, Iowa to consider adoption of proposed Amendment No 1 to the Northgate Corp~te Park Urban Renewal Plan (the "Plan") concerning an area' Iowa City, Iowa Ie ally described as follows: Lots 1-20 Highlander which land is included as part of teN hgate Corporate Park Urban Renewal Plan area (the "Northgate Corporate Park Ur Renewal Area"). A copy of Amendment N . 1 to the Plan is on file for public inspection in the office of the City Clerk, Emma . Harva Hall, Civic Center, Iowa City, Iowa. The City of Iowa Ci , Iowa is the I al public agency which, if such Amendment No. I to the Plan is appro ed, shall undertak the urban renewal activities described in such Plan and Amendm nt. The general s ope of the urban renewal act ities under consideration in the Plan is to assist qualified' dustries and businesses in the an Renewal Area through various public purpose a él special financing activities outline in the Plan. To accomplish the objectives ofth Plan, and to encourage the further deve opment of the Urban Renewal Area, the PIa provides that such special financing activitt s may include, but not be limited to, t making ofloans or grants of public funds to p 'vate entities under Chapter 15A of the ode of Iowa. The City also may install, construc nd reconstruct streets, parking £: cilities, open space areas and other substantial public 1 provements, and may acquire ¡Índ make land available for development or redevelopmen by private enterprise as autrrized by law. The Plan provides that the City may issue bon or use available fund~. for such purposes and that tax increment reimbursement of such sts will be sought if and to the extent incurred by the City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. -8- The proposed Amendment No. 1 to the Plan would set forth and include within the Plan the following additional property: Weiler Parcel Auditor's parcel B as described on plat of survey recorded in Book 34, Page 191, Plat Records of Johnson County, Iowa, being a portioJ1, of the northeast quarter of the southwest quarter of Section 36, Townshi 80 North, Range 6 West of the 5th P.M.; subject to easements and restrict' ns of record. Jones\Southgate D'à.velopment Company Parcel , That portion of the nQ~west quarter of the sout east quarter of Section 36, Township 80 North, R ,ge 6 West of the 5th B. ., excepting therefrom that portion platted as Righl~der Development rst Addition, Iowa City, Iowa, according to the plat ther~recorded in P t Book 25, Page 52, Plat Records of Johnson Count Iowa, subje to easements and restrictions of record. Fuhrmeister Parcel* Beginning at the Southeast Com of the Northwest Quarter of Section 36, Township 80 North, Range 6 W s of the 5th Principal Meridian, and for the purpose of this legal descri tion, the East line of said Northwest Quarter of Section 36, is assumed to arNO °26'16"W, Thence SOoo55'48"E, along the East line of the S thwest Q rter of said Section 36, 196 89 feet, Thence N88°59'20"W, 38 43 feet, The ce NOl °00'40"E, 20 00 feet, Thence N83°00'08"W, 8 15 feet; Thenc N06°49'44"E, 44 54 feet; Thence Northwesterly, 96 99 feet, along a 2 89 foot radius curve, concave I southwesterly, whose?2 64 foot chord bear N23°04'58"W, Thence ; , Northwesterly, 43.89/feet, along a 74 26 foot adius curve, Southwesterly, whose 4325 foot cl1òrd bears N69°55'35"W, ence N86°51 '30"W, 223 62 feet, to a point ¢n the centerline of Iowa Rig way No 1, Thence Northeasterly 377'94 feet, along a 286500 foot r dius curve, concave Southeasterly, w,hose 377 74 foot chord bears N3 43'24"E; Thence N39°06'09"E, Mong said Centerline, 562 50 feet; ence S50053'51''E, 261 84 feet, to a point on the East Line of said Nort est Quarter of Section 36; Thence SOoo26'16"E, along said East Lirr ,541 88 feet, to the Point of Beginning Said Tract of land contains 9 66 a es more or less, and is subject to easements and restrictions of record; said r .al estate being also described as. ( -9- Auditor's Parcel No A as shown on the Plat of Survey of a Portion of the NWl\4, Section 36, Township 80 North, Range 6 West of the 5th PM recorded in Plat Book 32, at page 67, plat records of Johnson Copnty, Iowa The ove described real estate is subject to the right of Iowa- linois Gas and Ele ic Company to maintain it's existing electricallin and poles over and 0 said real estate and to enter upon said real est e to repair or replace said It s and poles, and, is further subject to an asement in favor of the grantors, t ir assigns and successors in intere , to maintain the existing utility servl line over the above describ real estate serving the house situated on gran r's real estate situated therly and southwesterly of the above described re estate. * Only the part of real estate corporate boundaries of the Cit Northgate Urban Renewal Area. All other provisions of the Plan woul? remai 'n full force and effect. This Notice is given by ord/ofthe City C ncil ofIowa City, Iowa, as provided by Section 403.5 of the Code ofJDwa, as amended. . / '. " Any person or organiz~tlon desiring to be heard s&~ be afforded an opportunity to be heard at such hearing. / \ Dated this _ day' of / / City Clerk, Iowa City, Iowa ; / / / '. ~ (End of Notice) ~ -10- ~1ò ~ ~/,j-/1 Prepared by Kathi Johansen, Admin. Asst. to the City Manager, 410 E. Washington St., Iowa City, IA 52240,356-5010 Resolution No. RESOLUTION APPROVING THE 2004-2005 DEER MANAGEMENT PLAN FOR IOWA CITY WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options; and WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a deer management plan that is designed to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Deer Task Force has thoroughly reviewed the deer population problem in Iowa City and made recommendations on the best methods to resolve this problem; and WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and WHEREAS, the attached deer management plan for 2004-2005 is in harmony with the long-term plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public interest to adopt the attached 2004-2005 Deer Management Plan and the City Manager is hereby authorized and directed to take all actions necessary to implement said plan. Passed and approved this day of ,2004. MAYOR Approved by ATTEST: ~~ \t~rð'f CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Mgr\res\deerplan05.doc REPO Iowa City Deer Task Force TABLE OF CONTENTS DEER TASK FORCE ...............................................................................................................................................................1 LONG-TERM DEER MANAGEMENT PLAN .....................................................................................................................2 INTRODUCTION ..................................................................................................................................................................... 3 2004-2005 DEER MANAGEMENT PLAN .............................................................................................................................4 DETERMINING IF DEER SHOULD BE KILLED IN 2004-2005 ....................................................................................... 5 Population Surveys.................................................................................................................... ... ..................................... 6 DNR Projections.................................................................................................................... ............................................ 9 Recommended Number of Deer to be Removedl.............................................................................................................. 10 SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED ..............................12 No Lethal Action................................................ ........................................................................................... ................... 12 Control of Deer Reproduction via Contraception and Sterilization ................................................................................ 12 Trap (or Dart) and Relocate .............................................................. ..... ...... ....................................................... ............ 12 Bow Hunting.......................................... ..... ................................................................ .................. ............... .................... 13 Trap and Kill................................................... .............................................................................. ................................... 14 Sharpshooting........................................ ......................................................................... .............. ................................... 15 TRAFFIC SAFETY ISSUES................................................................................................................................................ 17 Deer- Vehicle Accident Statistics............................. ................................... ................................ ... ...................... ............. 17 Reflectors................................................................................................... .................................................. .................... 17 Traffic Speeds................................................................................................................... .......... ......... ............................. 17 EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE........ 18 Completed and Current Projects........................................................................................................................ .............. 18 Ideas for Future Consideration..................................................................................................................... ... .... ............ 19 HISTORY OF DEER MANAGEMENT IN lOW A CITY - 1997-2005 .............................................................................19 1997-1998 ....... ........... .............. ........ ....... ... .... ........ ....... ...... ... ........ ... .............. ... ...... ......... ... ........... ............ ..... .... ... ... ...... ..... 19 1998-1999................................ ... ... ......... ... ..... ........ ... ............ ... ... ........ ... ..... ...... .......... ........ ............. ........ ........... ... ......... ..... 20 1999-2000..... ....... .... ......................... .............. ....... .... ............ ........... ... ................. ............... ........... ....... ................ .......... ..... 21 2000-2001 ....... ..... .... .... ............... .... ... ........ ...... ... ...... .... ...... ... ........... ........... ...... .......... ..... ... ........ ..... ............ ......... ... ....... .....21 2001-2002 .............................................................................................................................. ............................................... 22 2002-2003 .............................................................................................................................. ............................................... 23 2003-2004..................................................................................................................... ........... ....23 2004-2005...................................................................................................................... .......... ....23 COMMONLY ASKED QUESTIONS AND TASK FORCE ANSWERS .......................................................................... 23 DEER TASK FORCE Members Pat Farrant (Chair) Janet Ashman Linda Dykstra Harold Goff Peter Jochimsen Martin Jones Alan Nagel Pete Sidwell BiologisUScientist (Vacant) Responsibilities To annually recommend to the City Council a Deer Management Plan that meets the goals of the Long- Term Deer Management Plan. To that end, members should review data (population count, deer- vehicle accidents, reflector effectiveness, previously implemented population control programs, herd health), review current and recommend future educational tools, review and consider all non-lethal and lethal management methods, and recommend appropriate action. The members of the 2004-2005 Iowa City Deer Task Force acknowledge that we are not wildlife specialists, traffic engineers, mathematicians, or politicians, but rather citizens who have come together to address an important matter facing our community. We developed this plan after researching options for deer management, considering documented evidence, gathering information about other communities in comparable situations, receiving advice from the Iowa Department of Natural Resources, listening to the opinions and experience of fellow citizens, and exploring our perceptions of the kind of plan likely to be both accepted by and effective for the community. We believe it is unlikely that every component of any deer management plan would be accepted by every member of the Task Force or every resident of Iowa City. This plan is a compromise, the product of our attempt to understand and respect many different voices. City of Iowa City Advisors Department of Natural Resource Advisors Brian Krei (Police) Tim Thompson Kathi Johansen 1 LONG-TERM DEER MANAGEMENT PLAN 1. The City of Iowa City will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. The City's comprehensive management plan will be included. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, and government television programs. 2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer accidents. The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. 3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to persons or property, the City Council has set the maximum deer population density to be trurty-five per square mile per City-designated management district. Actual numbers are to be collected via helicopter count. 4. In order to implement its long-term population goal of trurty-five deer per square mile per management district, the City of Iowa City formally requests that the Natural Resource Commission approve a rule establishing a special deer population management area for Iowa City to the following conditions, limitations, and procedures: a. The special deer management area is defined as all public and private land in Iowa City as designated by the City Council ofIowa City. b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may occur between September I and February 28. (1) The City is allowed to utilize sharpshooting with centeñue rifles for the killing of deer. Bait may be used to attract deer to the sites. The City shall determine locations, training, and all other conditions for the sharpshooting activities. The City shall also comply with all applicable state laws. (2) The City is allowed to utilize City personnel to use baited traps to capture and kill deer in locations determined by the City Council. (3) All deer killed by sharpshooting and/or trapping operations are to be processed for human consumption and distributed free of charge. Processing lockers participating in the plan will be allowed to keep and utilize the deer hide. (4) No licenses will be required for the City and no fees will be charged. c. The City will initially utilize sharpshooting over bait and trap-and-kill to reduce the number of deer in each management district to the goal of 35 deer per square mile. By the end of the initial reduction plan, it is projected that the deer population will be to a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non-lethal methods to maintain deer numbers but recognizes that killing of deer may be necessary to maintain the population goal. 5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and projected), and management options, and to recommend methods to kill deer. Any or all legal lethal methods available (currently consisting of sharpshooting, trap-and-kill, and bow and arrow hunting) may be utilized after the initial reduction plan if the methods meet the following criteria: I) public safety, 2) community acceptance, 3) effectiveness in maintaining the desired number of deer. 6. Task Force recommendations must be approved by the City Council following public hearing prior to initiation of City management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources and, if necessary, the Natural Resource Commission for authorization to implement. 2 INTRODUCTION The members of the 2004-2005 Iowa City Deer Task Force affirm our concurrence with the goals of the City's Long-Term Deer Management Plan. We agree that deer management within the city limits is a necessary duty of the City to maintain the health of the herd, to prevent irreparable damage to plant and animal life in the ecosystems of the natural areas in the City, to protect citizen safety and welfare, and to prevent major deer damage to public and private property. Because managing deer-human-ecosystem interaction is an ongoing process, each year the City must gather information and evaluate the outcomes of the implementation of the long-term plan. As have previous committees, we value the presence of deer in the city limits and are recommending a number of ways to encourage citizens to become better educated about ways to coexist with deer. We do not recommend total elimination of deer in the city limits. But it is clear that the presence of high numbers of deer in areas in the city limits may endanger human lives because of deer-vehicle accidents, cause destruction of landscaping and yard plantings, and further disrupt already altered ecosystems. Natural habitat for many types of wildlife in the Iowa City area is being continuously reduced as previously rural land is developed for housing and commercial purposes. In a natural setting, the size of a deer population depends on food sources, predators, hunting, and wildlife management practices. Inside the city limits. deer have an abundant supply of food and no natural predators. Starvation and disease will have little effect on the deer population. After reviewing the results of the most recent deer population survey, we concluded that killing of deer is necessary within the Iowa City corporate limits for the winter of 2004-2005. We recommend the killing of no more than 282 deer. We also agreed the City should pursue a number of other nonlethal methods, discussed in subsequent sections of this report. '- 3 2004-2005 DEER MANAGEMENT PLAN It is the unanimous recommendation of the 2004-2005 Iowa City Deer Task Force that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2004-2005 Deer Management Plan, including the following elements: 1. The City will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at City Hall and the Public Library, on City Channel 4, and on the City web site (www.icgov.org). A video on deer-traffic issues will be produced. 2. The City will continue to maintain appropriate warning signs and reflectors designed to reduce the likelihood of vehicle-deer accidents. To further minimize deer-vehicle conflict, Council will direct staff to consult with a qualified professional to evaluate feasibility of passageways under roads in planning and designs for transportation improvement projects. The City will also investigate the availability of federal funds for including such passageways in eligible transportation projects. 3. The City will actively work with the Department of Natural Resources (DNR) to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Iowa City residents. 4. The City of Iowa City will continue to inquire from qualified scientists the feasibility of a deer contraception pilot project or program in Iowa City. 5. The City will continue to compile data for deer management, including but not limited to information about vehicle-deer accidents, citizen comments, and an annual helicopter deer count. 6. The City will immediately apply for permits from the DNR to implement a plan to kill no more than 282 deer within the Iowa City corporate limits, by sharpshooting, during the winter of 2004-2005. a. To enhance understanding of deer reproductive rates, in cooperation with the DNR, the sharpshooting agency, and meat processors, the City will allow reproductive necropsies to be performed on deer killed. b. The City will fully comply with all state law governing the killing of deer, exercise great caution and observe all possible safety measures during the sharpshoot, assure use of the most humane rnethods available, and arrange for free distribution of processed deer meat. 7. The Task Force will evaluate the effectiveness of this Deer Management Plan. A report will be filed with the DNR. 8. As the Iowa City Deer Task Force "sunsets" in March of 2007, the Task Force wiU formulate for the City Council a recommendation on continuance. 4 DETERMINING IF DEER SHOULD BE KILLED IN 2004-2005 For deer management purposes, the most commonly accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the 1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-34 deer/square mile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Since deer populations generally tend to increase by approximately 30% each year, approximately 30% of a given population must die or be killed annually if that population level is to remain stable. 5 Population Surveys To estimate as accurately as possible the number of deer in the city limits, the City has conducted five counts via helicopter. 1997, 1999,2000,2001,2002,2003 Deer Helicopter Counts 1-31 1-19 1-24 3-17 2-3 2-17 Area Description Dlst Acres Sq. 1997 Deerf 1999 Deerl 2000 Deerf 2001 Deerl 2002 Deerl 2003 Deerl Mile Deer Sq MI Deer SqMI Killed Deer SqMI Killed Deer SqMI Killed Deer SqMI Deer SqMI W of Dubuque SUN of 1-80 1 230 0.360 NA NA NA NA 15 NA NA 2 6 17 27 NA NA NA NA Peninsula 213 590 0.922 69 75 154 167 208 81 88 74 33 30 48 30 33 30 33 Dubuque St to Dodge SI 4/5 780 1.219 78 64 90 74 57 99 81 123 39 32 51 36 30 60 49 Dubuque St 10 Hwy 1 6 560 0.875 37 42 60 69 - 74 85 - 64 73 - 29 33 76 87 (N of 1-80) Hickory Hill/ACT 7 1280 2.000 65 33 127 64 102 140 70 122 36 19 93 25 13 100 50 SE Iowa City 10 720 1.125 NA NA NA NA - 7 6 - 9 8 - NA NA 12 11 Iowa River (S) 11/12 720 1.125 11 10 15 13 - 48 43 19 42 37 10 15 13 74 66 Willow Creek 17 280 0.438 3 7 0 0 - 4 9 - 0 0 - 0 0 0 0 Manville Heights 20 500 0.781 NA NA NA NA - 6 6 - 3 4 - NA NA 2 3 5660 8.845 263 40 446 68 382 459 54 340 234 26 229 135 21 354 44 6.579 ml 6.579 ml 8.485 ml 8.845 ml 6.579 ml 8.047 mi. 1·31 1-19 1·24 3-17 2-3 Area Description Cist Acres Sq. 1997 Deerl 1999 Deerf 2000 Deerl 2001 Deerl 2002 Deerf 2003 Deerl Mile Deer SqMI Deer SqMI Killed Deer Sq Mi Killed Deer SqMI Killed Deer SqMI Deer SqMI Flnkbine (U of I) 16 370 0.578 6 10 31 54 - 48 83 - 24 42 - 23 40 42 73 East Clear Creek" 889 1.391 49 35 79 57 - 193 139 - 99 71 21 43 31 169 121 'Includes properties under multiple jurisdictions (Iowa City, Coralville, and The University of Iowa) 6 Deer count conditions were as follows: January 31, 1997 Surveyors: Tim Thompson and Dale Garner (DNR) Navigator: Ron Fort (Iowa City Police Department) Conditions: Temperature 45 degrees F, wind 15 to 30 mph SW, sky clear and sunny, snow cover 5" and melting Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 269 total deer January 19, 1999 Surveyors: Tim Thompson and Dennis Proctor (DNR) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature 28 degrees F, wind 3-7 mph W, sky clear and sunny, snow cover 1-2" new snow on top of 10" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 477 total deer January 24, 2000 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Lisa Mollenhauer (City Manager's Office) Conditions: Temperature -2 warming to 25 degrees F, wind 10 mph S, sky clear and sunny, snow cover 1" new snow on top of 6" old snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 507 total deer March 17,2001 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) Conditions: Temperature 20-25 degrees F, wind still, sky clear and sunny, snow cover 8" new snow Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 258 total deer in Iowa City (with an additional 99 in East Clear Creek) February 3, 2002 Surveyors: Tirn Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) Conditions: Temperature around 31 degrees F, wind NW at 17-24 mph, sky clear and sunny, snow cover 6-8" Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 135 total deer in Iowa City (with an additional 66 in areas under multiple jurisdiction) February 17, 2003 Surveyors: Tim Thompson and Bruce Freeman (Coralville Police) Navigator: Bill Clarahan (Coralville Police) 7 Conditions: Temperature around 30 degrees F, winds calm, sky fog, snow cover 5" Technique: Parallel back-and-forth flight pattern by management district, counting only deer actually viewed (no estimations) Results: 354 total deer in Iowa City (with an additional 211 in areas under multiple jurisdiction) Helicopter counts were not performed in 2004 by the DNR due to issues with obtaining use of a helicopter and problems with high winds. 8 DNR Projections In October, 2004, the Task Force requested that the DNR provide a projection of the number of deer that must be killed in 2004-2005 to maintain the progress being made toward the goal of 35 deer per square mile by area established by the Long-Term Deer Management Plan. In making such projections, the DNR typically assumes 30 deer per square mile to allow some flexibility so areas are not constantly stressed with the maximum number of deer. The recommendations the DNR provided (see Attachment A on page 10) indicate a total of 282 does be killed. In Iowa City's management program, it is typical that one antlered deer is killed for every three antlerless deer killed. Taking into account the deer/vehicle accidents and projections, by the Department of Natural Resources, the Task Force recommends killing no more than 282 deer during the winter of 2004- 2005. Under this plan, sharpshooting activities will occur only within the Iowa City corporate limits. The Task Force recognizes that attainment and maintenance of population goals in these areas will require cooperation among these jurisdictions. The Task Force affirms its desire and willingness to coordinate our activities with those of other jurisdictions. The Task Force specifically recommends the City Council issue a request to University of Iowa President Skorton to allow consideration of University property as possible shooting locations for future management plans. Reduction of the herd to the level established in the Long-Term Deer Management Plan will be an ongoing activity, and its complexities require constant evaluation. The Council relies on the Task Force for the information needed each year to make decisions regarding management of the herd. But, even with aerial counts, no one can determine exactly how many deer are inside the City limits or how many will survive and reproduce after each year's count. Survival variables include weather, traffic speed and volume, available forage, disease, reproductive rates, the success of killing activity by area, the degree of harassment by activists and others during shoots, development of land, deer movement, and willingness of residents to allow deer to be killed on their property. We recommend that, as it was last year, deer meat be processed and distributed free of charge. If requested, reproductive necropsies should be conducted to increase our knowledge of the deer herd. 9 Attllchment A Projected Number of Deer to be Removed by Willie Suchy Wildlife Biologist, IDNR The simulations developed here are based upon the number of deer observed during the helicopters surveys conducted since 1997. The simulations assume that about 60% of the initial number counted were does and about 1/3 of the does were fawns. The annual cycle begins with dispersal and reproduction. Then the number of deer present after normá1 mortality through the end of December are calculated. Removals occur during the fall and winter and are additive to normal mortality. Then the cycle repeats. Multiple simulations are made for each area to find a model that best "fits" the observed aerial counts. Table I lists the estimated number of does that need to be removed to reach (or maintain) the objective of less than 30 deer per square mile in I year. The simulations "fit" the counts observed on all areas reasonably well if the productivity data from the statewide model is used (See Fig I). This is the same estimate of productivity that has been used in the past to make the projections. Table I. The number of female deer that would need to be removed this year to reduce the simulated poJftllations below tbe goal of 30 deer 1 square mile. Deer Goal Deer Number of sighted (30 deer killed in does 10 Area District Sq. Miles in 2001. per sq. mile) 2003 remove W of Dubuque & I 0.36 NA 11 0 12 North of 180 Peninsula 2&3 0.92 30 28 31 6 Dubuque Street to 4&5 122 60 37 49 18 Dodge Street Dubuque to Hwy I 6 0.88 76 26 0 80 North ofI-80 Hickory Hill/ACT 7 2.00 100 60 117 22 SE Iowa City 10 1.13 12 34 3 0 Iowa River (Soulh) 11&12 1.13 74 34 0 54 Willow Creek 17 0.44 0 13 0 0 Manville Heights 20 0.78 2 23 0 0 Finkbine (U ofI) 16 0.59 42 17 0 30 Clear Creek East 1.39 169 42 0 60 Total 10.06 563 325 200 282 Because no aerial counts were conducted in 2004 there is no way to determine how well the simulations fit the counts. 10 Fieure 1. Results of simulation of deer numbers in districts 1 and 3 (the Peninsula) usine productivity from Kent Park model where doe fawns produce 0.95 fawns and adults 1.83 fawns. The simulation Indicates the projected population with annual "maintenance" removals. 250 - - - Simulation /" . Aerial Counts 200 / \ ··Goal / \ / \ I / \ 150 .~ .... .... .... . \ \ \ , , 100· " " . " , , 50 , ......---........ ..... ..... o r,:mp,m~~ .....~.p>~--~ 1997 1998 1999 2000 2001 2002 2003 2004 2005 11 SUMMARY OF POPULATION MANAGEMENT OPTIONS THE TASK FORCE CONSIDERED No Lethal Action The Task Force considered and rejected this option. Control of Deer Reproduction via Contraception and Sterilization Most studies of the effectiveness of contraceptives with deer have been conducted on populations living in enclosed or confined areas, not with free-ranging deer. Because of drug safety issues, the FDA has not yet approved the use of immunocontraceptives on free- ranging deer. The Task Force reaffirms its interest in the progress and results of tests using immunocontraception and recommends the City continue to investigate the feasibility of a pilot project in our area. The Task Force has also agreed to research the possibility of deer population control through sterilization and release programs that are similar to techniques being used to humanely manage colonies of feral cats. Trap (or Dart) and Relocate The Task Force assumed the use of a box trap. Is it humane? A properly-constructed trap is unlikely to injure deer. If the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from its stay in the trap. To minimize trauma in transport, trapped animals must not be held for long prior to transport. Even with prompt transport, experience with trap and relocate methods suggests that a 4% mortality rate is to be expected during transport, 26% delayed mortality due to stress induced by the experience, and between 58% and 85% mortality in the following months. At this time, trap and relocation of deer cannot be considered humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? No, considering the high mortality rate of transported deer and the fact that few sites in the Midwest have the combination of adequate habitat, low deer population, and willing human stewards this method requires. This method is selective; if only does are to be relocated, bucks caught in a trap may be easily released. Dart and relocate was considered briefly. We find no distinction between trapping and darting when relocation is the goal, since the results of relocation are the same, and conclude trap/dart and relocate is not effective. 12 What does it cost? The cost depends on trap placement and deer population. Frequency of trap monitoring adds uncertainty. In the late 1990s, North Oaks, Minnesota reported a cost per deer capture of $131. Urban trapping for live release has been reported to cost, per deer, $113 in Wisconsin and $800 in Long Island. Total costs, including transport, have been reported in the $300 to $1,000 range. Highland Park, IL, reported a cost of $3,074 per deer to relocate 20 deer. Eight months after transport, 11 of the 20 were reported dead. Frequent trips with small numbers of deer are more humane but more expensive. The cost of trapping by dart is comparable to the cost of sharpshooting. Is it legal? The Iowa DNR does not recommend trap and relocate for deer, although it is currently used for dealing with waterfowl and small animals. Relocation of wild deer to private ownership is not currently legal in Iowa. Task Force Conclusion The Task Force does not view trap and relocate as an option because of high mortality, the possible high cost, and lack of areas to relocate deer. Bow Hunting Suggested regulations for bow hunting in urban areas assume the hunter shoots from a fixed stand, waiting there until the deer comes to the hunter. Stalking or driving deer is not permitted. While the use of elevated stands is common, it is not required. The Task Force assumed the imposition of strict hunter education and certification standards such as have been adopted in Waterloo/Cedar Falls and Coralville in addition to regulations governing hunter behavior. Such standards address some of the more severe criticisms of the humaneness and effectiveness of bow hunting. Is it humane? Bow hunting rarely leads to instantaneous death. Estimates by hunters indicate that bow hunting cripples more animals than gun hunting. A crippling injury is defined as one which does not kill, and after which the hunter fails to find and kill the injured animal. The Waterloo/Cedar Falls and Dubuque experiences suggest a significant degree of success. Recent studies appear to confirm the belief that crippling rates from bow hunting in relatively cramped settings such as those encountered in urban deer management are indeed lower than the crippling rates reported for bow hunting in general. The only scientific studies the Task Force found to review were conducted by bow- hunting advocacy groups or funded by archery-related industries. Is it safe? Evidence indicates that urban bow hunts pose very little risk to people. No evidence of injury to humans appears in any of the programs reviewed. 13 Is it effective? It can be, assuming that sufficient numbers of hunters are willing to comply with the additional regulations governing hunting within city limits. In a recent year, hunters killed 74 deer inside Dubuque city limits and an additional 98 in the area surrounding the city. However, in areas where killing of large numbers of deer is recommended, bow and arrow hunting alone would be ineffective in reducing the population. Bow hunting is moderately selective. The hunting season is before the bucks shed their antlers, so gender is fairly easy to determine. Hunting traditions place a high value on killing older bucks--the so-called trophy bucks with large, many-branched antlers. This is of little use if population control is the goal. If bow hunting is to be used as an effective component of a population control plan, hunters must be induced to kill does. What does it cost? The costs of a DNR-administered hunt are largely borne by the individual hunters who, through license fees, pay for the cost of regulating the hunt. These costs are partially offset by the value of the meat taken. DNR generally relies on individual hunters to police other hunters. The cost to the City would be minimal. Is it legal? Yes, according to State law. However, the City of Iowa City prohibits bow hunting within the City limits. Task Force Conclusion The Task Force does not recommend bow hunting as an option for killing in the 2004- 2005 Iowa City Deer Management Plan. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in Iowa City's management plan. Trap and Kill The Task Force assumed the use of a baited box trap or modified clover trap. Trapping is typically done in mid to late winter. Deer are killed by gunshot to the head; deer meat so acquired is suitable for human consumption. Is it humane? If a trap is properly constructed and checked frequently, deer are unlikely to suffer significant trauma while in it. The killing methods assumed are instantaneous and therefore humane. Is it safe? Properly managed box traps pose very little risk to people. Is it effective? Yes, but only to remove small numbers of deer. As with trapping and relocation, this method is selective. Deer may be released if they are not of the desired age and sex. 14 Dart and kill was briefly considered. The cost of darting is approximately the same as sharpshooting; meat from darted animals is not considered fit for human consumption. What does it cost? Costs depend on trap placement, deer population, and weather conditions. The sometimes-complicated logistics of regular trap monitoring add complexity to this method. In the late 1990s, North Oaks, MN, reported a cost per deer capture of $131, not including carcass disposal or processing. Minnetonka, MN, reported total costs of $209- $214 per deer, including meat processing. Is it legal? The DNR has authorized use of box traps for the killing of deer in Iowa City. Task Force Conclusion The Task Force does not recommend use of trap and kill. With the high number of deer recommended to be killed, the costs and staff time associated with trap and kill would not justify the number of deer killed. Sharpshooting Sharpshooting has been used in many residential areas and parks to control deer populations and has been the kill method recommended by the Task Force and approved by the City Council over the past several years. High-powered rifles are the weapon of choice for sharpshooting. Sound suppression devices were used by the USDA in 1999 and by White Buffalo, Inc. staff in 2001 but not by White Buffalo, Inc. staff in 2000 because, at the time, it was illegal for a private person to possess a suppressed weapon in the State of Iowa. As of July 1, 2000, suppressors could be used in Iowa by a person shooting a deer pursuant to a state-approved deer management plan, if the person has a valid federal permit for the device. Also effective July 1, 2000, a shooter need only get permission of the owner or tenant to discharge a firearm during a sanctioned sharpshoot if the shooter is within 50 yards of an inhabited structure. The prior law prohibited the discharge of a firearm anywhere within 200 yards without permission. The City requested the legislature make these two changes to the Iowa Code in order to facilitate future sharpshooting in more developed areas. In a professional sharpshoot, shooting sites are selected based on safety and access to deer. An appropriate site includes an orientation relative to the bait station so that shooting occurs from an elevated location (e.g., a tree stand or from the top of a ridge), which directs the bullet in a downward trajectory. Site preparation, consisting of clearing underbrush and pre- baiting, lasts for several weeks. Shooters typically work at night using artificial light. Is it humane? A high-powered rifle can cause instantaneous death; from this point of view, no method of killing is more humane. Of all weapons for killing at a distance, high-powered rifles are the least likely to inflict an inhumane wound, one that cripples, or kills slowly. The likelihood of such injuries is reduced even more by using trained sharpshooters and a bait station to attract and hold deer for the kill. Is it safe? 15 All evidence indicates that urban sharpshooting poses little risk to people. No evidence of injury to people or property was reported in any of the pro9rams we reviewed. Is it effective? Assuming there is appropriate access, yes. Studies have shown, and DNR advisors concurred, that sharpshooting is more effective at reducing larger numbers of deer than bow and arrow hunting. What does it cost? The City contracted with the USDA in 1998, and the USDA killed 22 deer at a cost of $3,850. Ruzicka's Locker charged $35 per deer to field dress and process the meat into 5 Ib packages. In 1999, the City contracted with the private firm of White Buffalo, Inc. White Buffalo, Inc. killed 360 deer. Costs incurred were approximately $72,000, including $69,300 to White Buffalo, Inc. for labor and reimbursable expenses, and about $2,500 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $45 per deer to field dress and process the meat into 1 Ib and 5 Ib packages. The Salvation Army received Community Development Block Grant funding to help defray processing and storage costs. In 2000, the City contracted with White Buffalo, Inc. White Buffalo, Inc. killed 342 deer. C.osts incurred were approximately $109,400, including $96,400 for labor and reimbursable expenses and about $13,000 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $50 per deer to field dres~ and process the meat into 1 Ib and 5 Ib packages. The Salvation Army again served as the main distributor to individuals and agencies. In 2001, the City contracted with White Buffalo, Inc. White Buffalo, Inc. killed 250 deer. Costs incurred were approximately $100,000 including $75,000 to White Buffalo for labor and reimbursable expenses and about $10,000 for supplies and other expenses (e.g. housing, bait). Ruzicka's Locker charged $55 per deer to field dress and process the meat into 1 Ib and 5 Ib packages. The Salvation Army again served as the main distributor to individuals and agencies. Is it legal? This method involves night shooting over bait, with lights and high-powered rifles. The DNR has approved sharpshooting as a method authorized for the City of Iowa City. The City must petition the Natural Resource Commission each year to be eligible to utilize sharpshooting. To assist deer management programs, the Iowa legislature amended the Code in spring 2000 to allow sharpshooters to use devices to decrease the sound and to permit shooting within 50 yards of an inhabited structure, with the owner's permission. Task Force Conclusion The Task Force recommends sharpshooting as the most effective, efficient, and humane method to continue to make progress toward the population goals established in the Long-Term Deer Management Plan. The Task Force recommends White Buffalo, Inc. be engaged this year to conduct the sharpshoot. All public grounds should be assessed for safe and appropriate shooting sites. Private properties should be allowed as sharpshooting sites with the permission of land owners and occupants and in conformance with all laws, regulations, and safety concerns. The 16 contractor engaged to conduct the sharpshoot must arrange with property owners and occupants for use of their land. TRAFFIC SAFETY ISSUES Deer-Vehicle Accident Statistics The Iowa City Police Department is responsible for collecting deer-vehicle accident information. The Department prepares maps showing locations and dates of accidents reported from 1996 to the present. They are available for review at the City Manager's Office. The deer-vehicle accident reporting process has improved beginning with the 1999 report. Each accident is assigned a reference number and the date, time, location, property damage amount, and miscellaneous comments are included. Accident victims are mailed a questionnaire to return to the City indicating information such as age of driver, weather conditions, speed, etc. to better our understanding of deer-vehicle accidents. Chart 3. Deer-Vehicle Accidents 1996-2003 Number Number in Reflector Reported' $ Damage Estimate2 Areas3 1996 15 N/A 2 1997 31 $32,505 7 1998 50 $58,870 4 1999 103 $116,273 26 2000 80 $110,833 25 2001 106 $115,531 124 2002 39 $92,909 85 -.- 2003 59 $112,100 1 Includes deer reported dead along roadways (vehicle left scene of accident). In 2000, drivers officially reported 46 accidents; 2001, 48 accidents; 2002, 32. 2 Damage estimates by police staff, not certified repair personnel. Estimates over $1,000 require claimant and police to file special state report. 3 Time of accident and position and maintenance of reflectors influence effectiveness. 4 11 of the 12 accidents in reflector zones occurred during darkness. 5 4 of the 8 accidents in reflector zones occurred during darkness. Reflectors Reflectors were installed on Dubuque Street (38 posts) in September 1994 and N. Dodge Street (152 posts) in spring 1997. Construction began on N. Dodge Street in summer 1998, temporarily displacing many reflectors. Additional reflectors were added to N. Dodge and Dubuque Streets, and a new system installed on Rochester Avenue in spring 2000. Effectiveness of reflectors is yet to be determined. It is important to keep in mind they are designed to work only when vehicle lights are in use. They also require diligent regular maintenance. Traffic Speeds In a meeting with the Task Force in 2000, Jeff Davidson (City Planning & Community Development Assistant Director and JCCOG Transportation Planner) explained the speed a motorist travels is primarily a function of comfort level, not of the posted speed limit. Eighty-fifth 17 percentile speeds are measured; 85th percentile indicates the general comfort level of drivers and is generally used for determining appropriate speed limits. Speed limits should be set so there is compliance by most motorists; otherwise, they create an enforcement problem for police. Artificially low speed limits are not only difficult to enforce, they may also create general disrespect for speed limits, including those in areas where lower limits may be particularly appropriate. On Dubuque Street, the average speed was 39.5 miles per hour in the 35 mph zone; the 85th percentile speeds were 42 mph. On Rochester Avenue, two locations were studied. On the eastern portion, 85th percentile speeds were 33 mph. Further west, 85th percentile speeds were 42 mph. As a result, the City concluded that the current limits are appropriately set at 35 mph. In light of this information, we concluded that reducing limits below 35 mph would not reduce actual driving speeds. It should be noted that we found no studies that relate the incidence of deer-vehicle accidents and vehicle speed (for speeds in the 25 to 45 mph range). Since 1999, the City has mounted a defensive driving campaign during October and November, when deer-vehicle accidents are more frequent. Media releases prompted articles, display ads were run, and a sequencer on City Channel 4 warn drivers to be alert. Recommendations: Because of the high number of deer-vehicle accidents, the Task Force recommends the City: · Continue to assess the effectiveness of reflectors.. Since maintenance of the reflectors is essential to their effectiveness, the Task Force continues to request resources be committed to reflector maintenance. · Continue to monitor developments in the area of road signage so Iowa City regularly uses the most up-to-date and innovative signage technologies on the market. · Agree to thoroughly assess, during design and planning phases of new road and road improvement projects, the impact these projects may have on deer migratory paths and, if appropriate, to include passageways under roads for deer in such projects. EDUCATION AND OTHER NONLETHAL INITIATIVES FOR IMPROVED HUMAN-DEER COEXISTENCE Completed and Current Projects The City has undertaken a number of steps toward nonlethal management: · Requested the Humane Society of the United States (HSUS) to consider Iowa City as a deer contraception test site. · Conducted Deer Issues Listening Sessions at which residents can convey to Task Force members and each other their opinions about and experience with Iowa City's deer. These sessions were taped for broadcast on the City Channel. · Began updating the brochure explaining Iowa City's approach to deer management and emphasizing methods to help residents devise strategies for living with deer. · Utilized the City's website and City Channel 4 for disseminating information. The Task Force recommends continued expansion of both forums. · Participated in classroom discussions, presentations, and radio call-in programs. · Installed additional reflectors as well as five warning signs. Upgraded warning signs with the highest quality of reflective material available. The City will continue maintenance of these systems. 18 · Worked with media on defensive driving campaign during high deer-vehicle accident incidence time of year. · Completed a consultant-assessment of impact of N. Dodge Street improvements on deer. An under-passageway is being considered. · Made available for checkout and began broadcast of "Whitetails at the Crossroads," a deer management educational video. · Began production of a video on deer-traffic issues. · Advertised seminar on gardening, landscaping, and wildlife Ooint project with IC Landscaping). · Information sharing with comparable communities. Ideas for Future Consideration We have developed a long list of possible initiatives for nonlethal management of the interactions between Iowa City deer and Iowa City people, drawing on our own discussions, resident comments, correspondence, and the listening sessions. Here is a working draft of that list, which will continue to guide our deliberations about nonlethal deer management: · Gather and consider information on experience with deer contraception/sterilization projects across the country. · Produce educational video. Could deal with practical or 'philosophical' issues. Provide copies for checkout at libraries, broadcast on City Channel 4. · Expand information on City web site. More resources. More links. · Adopt-a-reflector system or City staff assignment to assure continuous maintenance. · Presentation by HSUS staff or others on immunocontraceptives or other reproductive control project. · Add a 'deer resistant' garden to the Project GREEN Garden Tours, other gardener activities. · Provide information, etc., at Parade of Homes, Project GREEN and business fairs, Chamber office. · Promote safe driving through campaigns on TV, in newspapers-particularly in May and October/November. · Provide newspaper/TV/radio features on timely deer-related issues (traffic, plantings, etc.). · Visit deer-resistant gardens. · Host gardening seminars (present live, rebroadcast on public access TV) · Research solar powered deer deflectors that are currently being used in Indiana. These are deflectors that turn on flashing lights to warn motorists when deer are present. · Coordinate an educational program with the Johnson County Conservation Board entitled 'Whitetail Deer: Treasure, Trophy or Trouble? This program would be open to the public. HISTORY OF DEER MANAGEMENT IN IOWA CITY -1997-2005 1997 -1998 In response to citizen complaints, in 1997 the City Council established a Deer Management Committee to recommend a management plan. Council appointed members representing the following interests: Iowa City staff, Iowa City/Coralville Animal Shelter, Iowa City Police Department, hunters, Project GREEN, residents of areas heavily populated with deer, residents of areas not heavily populated with deer, animal protection, science/nature/biology, Iowa Wildlife Federation, City of Coralville staff, residents of Coralville, and Johnson County Board of Supervisors. 19 The Committee divided the Iowa City/Coralville community into twenty Deer Management Areas, using natural and constructed barriers as lines of division and taking into consideration the ability to implement management techniques in each area. After reviewing the size of the deer population, numbers of deer-vehicle accidents, the deer management plans of other communities, comments from citizens, and advice from the DNR, the Committee recommended and Council approved a multi-component management plan. The plan consisted of initiating an education program, using reflectors and warning signs, consideration of deer when constructing/renovating arterial streets, and the killing of 180 deer by sharpshooting over bait and by trap and kill. To arrive at consensus about killing methods, we considered the costs, legality, risks to humans, and humaneness of each method of killing. For purposes of our discussion, we defined a humane death as one that is instantaneous and painless. For deer management purposes, the most commonly accepted number of deer an urban setting can sustain is 20 to 25 per square mile. Based on recommendations from the DNR and review of management plans from other communities, the 1997 Deer Management Committee established the following guidelines for the City's long-range management plan: 0-24 deer/square mile: Educate residents about living with deer. 25-34 deer/square mile: Review on an area-by-area basis. Educational material may be recommended or killing methods implemented depending on the management area, number of complaints, and/or evidence of types of damage. 35+ deer/square mile: Reduction must be implemented. At this level, deer pose threat to the ecosystem. Upon reviewing the 1997-1998 plan, the DNR rejected sharpshooting as an option for urban deer management. But after making a comprehensive assessment of Iowa City's situation, DNR officials concurred that bow and arrow hunting (a kill method that would be permissible) would not be an effective method to reduce the herd according to our guidelines. Staff recommended and, on February 12, 1998, the Natural Resource Commission approved, Iowa City's request to sharpshoot deer. City officials worked with legislators to amend the State of Iowa Code to allow the use of artificial light over bait for the purpose of urban deer management. There was not enough time remaining in the season to initiate a sharpshooting program for 1997-1998; however, a permit was authorized for September 1, 1998, through February 28, 1999. 1998-1999 On October 21, 1998, the Deer Management Committee resubmitted the original plan to the City Council for approval, setting the number of deer to be killed at 240, as a result of increases in the size of the deer herd. Council approved the plan on December 1. The City contracted with the USDA to conduct the sharpshoot. In the south Peninsula area, 19 deer (8 adult does, 6 fawn does, and 5 fawn males) were shot on January 20, and 3 deer (1 adult doe and 2 fawn males) were shot on January 21, 1999. All adult does were pregnant. On January 20, one deer was shot and dropped, but ran off and was not recovered. A group of local animal rights activists backed by national groups filed a request in federal court for an injunction against the USDA, thereby halting shooting activity until a federal judge could review the points of contention. The request for injunctive relief alleged that the USDA had failed to meet federal procedural requirements before the sharpshoot. The window of shooting authorization expired before mediation eventually settled the litigation. 20 1999-2000 The 1999-2000 Deer Management Committee met from April 21 through August 16, 1999, formulating a plan similar to the first two and increasing the number of deer to be killed to no more than 733. The Committee examined the credentials of three agencies that submitted proposals to conduct the sharpshoot. The Committee recommended and the City agreed that the sharpshooting contract should be awarded to White Buffalo, Inc., of Hamden, Connecticut. The 1999-2000 sharpshoot included a preliminary kill of 11 deer on November 9 to coordinate logistics. Extensive preparation of 29 bait sites took place between December 12 and 31. Between January 1 and January 11, White Buffalo, Inc. killed 349 deer by sharpshooting [215 females (60%) and 145 males (40%) /65 (18%) had visible antlers and 295 deer (82%) were antlerless. Including the 11 killed in November, 360 deer were killed and transported to Ruzicka's Locker in Solon for processing and packaging. Graduate students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Blood analyses revealed the incidence of Lyme antibodies in the samples studied was consistent with the statewide average of 5 percent. Deer meat was distributed to local residents by the Salvation Army. Approximately 6,600 pounds were distributed to 1,574 households (4,331 individuals), the Free Lunch Program (Wesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Crisis Center distribution is not included in the distribution figures. Qualifications for receiving meat included: Johnson County resident, collect meat only once a month, choose either but not both the Salvation Army or the Crisis Center as preferred pick-up location, and five pounds per family/one pound per individual. Recipes were provided with the meat. The City initiated an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, a brochure discussing Iowa City deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. Additional Streiter reflectors were added to the N. Dubuque Street and N. Dodge Street systems, and a new system was installed on Rochester Avenue. Deer warning signs manufactured with improved reflective material were placed at the beginning of the reflector systems along each traffic lane. In March, the City's website launched a deer information page including frequently asked questions, a listing of deer resistant plantings, a map indicating deer-vehicle accidents for 1999, and a public comment board. Content of the website will be expanded as the program progresses. After assessing the local situation, White Buffalo staff did not recommend Iowa City as a potential site for a contraceptive study at this time. The City requested a similar analysis and recommendation from HSUS. 2000-2001 The 2000-2001 Deer Management Committee met from June 19 through August 30, formulating a plan similar to the first three and increasing the number of deer to be killed to no more than 500. The Committee reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot in 1999- 2000 as they indicated. Committee members felt comfortable with the manner in which they conducted their operation. Therefore, the Committee recommended and the City Council agreed that the sharpshooting contract should be awarded again to White Buffalo. 21 Extensive preparation of 36 bait sites took place between November 27 and December 11. Sharpshooting took place between December 12 and December 22 and resumed again January 7 through January 18. During those periods, White Buffalo, Inc. killed 340 deer by sharpshooting. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 204 females (60%) and 136 males (40%) were killed. Seventy-six deer (22%) had visible antlers, whereas 264 deer (78%) were antlerless. Sixty male fawns were included in the antlerless grouping. Students from Coe College performed reproductive autopsies and collected blood samples to test for evidence of Lyme disease. Deer meat was distributed to local residents by the Salvation Army. Approximately 15,000 pounds were distributed to 3,104 households, the Free Lunch Program (Wesley House), the SE Linn Community Food Reservoir (for Johnson County families), churches and community groups, and the Salvation Army Evening Meal Program. Recipes were provided with the meat. The City continued an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, an area on the City's web site containing deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. The Streiter reflectors were maintained. After assessing the local situation, White Buffalo staff again did not recommend Iowa City as a potential site for a contraceptive study at this time. The City continues to await a response from HSUS. 2001-2002 The 2001-2002 Deer Task Force met from March 20 through September 10, 2001, formulating a plan similar to the first four and setting the number of deer to be killed to no more than 325. The Task Froce reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot in 2000-2001 as they indicated. Task Force members felt comfortable with the manner in which they conducted their operation. Therefore, the Task Force recommended and the City Council agreed that the sharpshooting contract should be awarded to white Buffalo. The Summary Report of White Buffalo's 2001-2002 activities is included as Attachment A. Extensive preparation of 28 bait sites took place between November 20 and November 30. Sharpshooting took place between December 1 and December 20. During that period, 18 days of days of fieldwork were required to achieve the killing of 250 deer. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 137 females (55%) and 113 males (45%) were killed. Fifty-six deer (22%) had visible antlers, whereas 194 deer (78%) were antlerless. Fifty-seven male fawns were included in the antlerless grouping. Deer meat was distributed to local residents by the Salvation Army. Approximately 8,715 pounds were distributed to 3,548 individuals as well as 852 pounds of meet distributed to nine organizations. Recipes were provided with the meat. The City continued an educational program, including display ads in local newspapers, the use of City Channel 4 to convey high risk periods for deer-vehicle collisions, an area on the City's web site containing deer issues and suggesting ways to coexist with deer, and a deer management video broadcast on City Channel 4 and available for checkout at the public library. 22 The Streiter reflectors were maintained. After assessing the local situation, White Buffalo staff again did not recommend Iowa City as a potential site for a contraceptive study at this time. 2002-2003 After taking into consideration several factors, the Task Force, by a vote of 6-1 (2 members were absent), determined killing of deer would not be necessary during the winter of 2002-2003. The money that was budgeted for deer management in 2002-2003 was carried over for possible use in 2003-2004. 2003-2004 The 2003-2004 Deer Task Force met on a regular basis, formulating a plan similar to the first four and setting the number of deer to be killed to no more than 200. The Task Force reviewed criteria on recommendation of a sharpshooting contractor. White Buffalo, Inc. had established contacts with property owners and performed the shoot. Task Force members felt comfortable with the manner in which they conducted their operation. Therefore, the Task Force recommended and the City Council agreed that the sharpshooting contract should be awarded to White Buffalo, Inc. The Summary Report of White Buffalo's 2003-2004 activities is included as Attachment A. Initial site preparation and prebaiting were conducted from 16 November 2003 - 26 November 2003. Sharpshooting began on November 28, 2003 and continued through December 13. During that period, 14 days of fieldwork were required to achieve the killing of 200 deer. When using the "first opportunity" approach, the killing demographics are usually representative of the population as a whole. A total of 107 females (54%) and 93 males (46%) were killed. Sixty-two deer (31%) had visible antlers, whereas 138 deer (69%) were antlerless. Thirty-one male fawns were included in the antlerless harvest. Deer meat was distributed to local residents by the Salvation Army. Approximately 4,851 pounds of meat were distributed to approximately 556 families. Recipes were provided with the meat. 2004-2005 The Deer Task Force was re-established in August 2004. Two of the three vacancies were filled at that time. Originally, deer removal was not scheduled or budgeted for 2004, however upon review of the deer/vehicle accidents and a population modeling prepared by the Iowa DNR it was determined deer removal should be implemented for the winter of 2004. It was a unanimous decision by the Deer Task Force to recommend to the City Council to enter into an agreement with White Buffalo, Inc. to perform deer removal services during the winter of 2004. COMMONLY ASKED QUESTIONS AND TASK FORCE ANSWERS Don't I have the right to enjoy the deer in my neighborhood or the park I visit? Absolutely yes! It has never been the intent of the Task Force to eradicate Iowa City's deer herd. 23 I don't understand the discussion of a deer no-feed policy. If we can have bird feeders, why can't we feed cracked corn to deer in the backyard? Our desire to observe wildlife and to know they are present in our surroundings is understandable. However, the well-being of wild creatures is best maintained by watching from a distance and not by attempting to entice them to our immediate living area. Even bird feeders can have undesirable consequences if placement or poor maintenance alters migration timing, spreads disease, or causes an imbalance in species distribution. Given the large deer population in Iowa City, supplemental feeding is an invitation to negative deer- human interactions that further promote the call for lethal deer removal. Deer movement to and from a supplemental feeding site or salt block frequently involves street crossings and consequent automobile accidents. Concentration of deer at a feeding site causes increased browse damage, soil erosion, and excrement in the feeding area and on neighboring properties. Given their varied diet, it is wrong to assume deer will eat only the corn and ignore vegetation in the area. Routine backyard feedings alter deer behavior patterns such that they no longer fear humans. With repeated invitations to human surroundings, deer that should otherwise be shy and dispersed away from humans spend their time looking for handouts and tasty plantings in more densely developed areas. The desire to feed and view deer up-close should be tempered by the realization that this activity is a primary cause for deer-human conflicts. Deer will ultimately be the loser in these conflicts. A good general reference is Living with Wildlife, California Center for Wildlife (a Sierra Club Book, 1994) available at the Iowa City Public Library. If no population control methods are implemented, what would likely occur to other plant and animal life in the city? The effect of deer on other plant and animal life depends greatly on the number of deer present and the length of time numbers stay at a given level. Although at even low levels (10- 20 deer/sq. mi.), the effects on species composition of the plant and animal communities are measurable, they are quickly reversed when deer levels are reduced. At high levels (25 or more deer/sq. mi.), the effects over the short term are likely reversible; over the long term, however, many native plant species will be eliminated locally, and they will not likely reestablish even if deer numbers are reduced. In addition, animals, both vertebrate and invertebrate, that depend on those plants will be driven locally extinct. The result is a species- poor community consisting only of a few plants, often non-native, that are avoided by deer because of their thorns or distastefulness. For example, the area behind the Mayflower Apartments contained a full complement of spring flora species 25 years ago, but today nearly all non-woody vegetation between ground level and approximately 6 to 8 feet above ground has been eliminated. Why don't you provide more educational programs and materials? It appears the most cost-effective method of educating the public is to respond to citizen requests for information by providing items such as a brochure. Information from each year's plan will be available on the City's website. The Task Force is committed to regularly recommend and develop new educational materials and resources. We also encourage all those interested in educating the public about ways to live with deer to do so. This effort does not necessarily have to be organized through the City. Can't the peninsula be preserved to provide a refuge for the deer in Iowa City? No. Deer frequently swim across the Iowa River and cross the highways to feed in other areas of town. Creating a safe haven for deer there would require fencing the peninsula and would eventually lead to destruction of all vegetation there. 24 Have you killed deer on the peninsula because of the planned development? The City purchased portions of the peninsula in 1995 for $2,000,000, using general funds ($1.3m) and HUD Supplemental CDBG Flood Relief Funds ($.7m). The lower peninsula, situated in the floodplain, is already designed as both a natural woodland, prairie, and wetland park as well as a well field for the City's water supply. To reimburse the general fund, the 70-acre upper peninsula has been sold to a developer. The peninsula neighborhood is intended to be a well-designed and environmentally sensitive development in the special setting of land overlooking a natural park and the Iowa River. The goals of the project are to provide housing for a variety of types of households and to show how different housing types can be proximate to each other and succeed through careful design, to complete an urban neighborhood in an infill site, and to provide a model of an alternative to conventional subdivisions for the development community in Iowa City. The recommendation to kill deer on the peninsula was made without reference to planned development and, according to City staff, the planned development was made without reference to the deer. The peninsula was one of the most appropriate areas to implement the reduction program because it has the highest number of deer per square mile and it provides several natural sites for sharpshooting. Why aren't you recommending that bow and arrow hunting be included in the plan, particularly since it is cheaper than hiring sharpshooters? A majority of members believe that sharpshooting is the most humane and effective lethal method of reducing Iowa City's large deer herd. Some members view bow hunting as inhumane. In addition, some members do not regard Iowa City's deer management as a recreational activity or sport for hunters and do not wish to encourage such a concept. The Task Force recognizes, however, that bow hunting is a potential legal option, and some members have voiced interest in a bow hunting component in Iowa City's management plan. Efforts will be made during the winter of 2002-2003 to receive feedback from residents on the incorporation of bow hunting into future deer management plans. We recognize that costs are minimal with bow hunting, but believe the community finds sharpshooting a more acceptable method than bowhunting for killing deer for management purposes. How have other communities handled deer management? Programs for deer management vary widely. Communities we contacted in Minnesota, Wisconsin, Illinois, Iowa, Missouri, and New York have tried a variety of methods: · City officials implementing a plan without citizen input. · City officials appointing a citizens' task force to review options and recommend a plan. · Leaving the issue of killing deer up to the citizens via a non-binding referendum (it is interesting to note the residents voted to kill deer and the Council ultimately decided not to kill deer.) · Use of bow hunting only (both extremely regulated and nearly unregulated restrictions). · Use of sharpshooting only (local law enforcement, federal agents, or private contractors). · Use of a combination of methods to kill deer (bow hunting and sharpshooting). The Task Force did not locate a single community in which deer were not killed and the population stabilized or decreased naturally. One community in Illinois reported that they did not kill deer and no longer had a "deer problem." However, the surrounding communities were actively managing deer using an annual kill. 25 f/ DEFEATED Prepared by: Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY BY WHISPERING GARDEN IHA LIMITED PARTNERSHIP. WHEREAS, the City of Iowa City, Iowa has been informed by Whispering Garden IHA Limited Partnership, that a low-income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Whispering Meadow Drive and Indigo Court in Iowa City, Iowa with a legal description as follows: Lots 82, 83, 94, 95, 162, 163, 159, 160 and 161, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, this housing project will contain 12 units; and WHEREAS, the units will be targeted to families; and WHEREAS, a minimum of 25% of the units will be occupied by persons with disabilities; and WHEREAS, the project will be new construction; and WHEREAS, the property will have the following amenities: Washer and dryer hook-ups in each unit; and Garage for each unit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the City of Iowa City supports and approves the development of the aforesaid housing in the community pursuant to the Agreement between the City of Iowa City and Whispering Garden IHA Limited Partnership for the Use of HOME Investment Partnership funds signed on March 11, 2004, subject to City ordinances and the building permit process. This resolution is effective until September 1, 2005. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this day of ,20 . - MAYOR Approved by ATTEST: ~~ ( ( - <i -0 'f CITY CLERK City Attorney's Office ppdcdbglreslbloorring.doc DEFEATED Resolution No. Page It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef Wilburn X MEMORANDUM ~rr- DATE: November 9,2004 TO: Oty Couodl ~~ FROM: Steven Nasby, Community and Economic Development Coordinator . RE: Resolution of Support for Whispering Garden IHA Limited Partnership On the Council's agenda there is a resolution of support for Whispering Garden IHA Limited Partnership. Whispering Garden IHA Limited Partnership has requested Council's support as a portion of their application for funding through the Low Income Housing Tax Credit (LIHTC) program. Whispering Garden IHA Limited Partnership is proposing to construct 12 units of affordable rental housing in the Whispering Meadows Subdivision. As there were no location criteria or guidelines in place at the time the FY04 HOME funds were awarded, the City of Iowa City executed an agreement with Whispering Garden IHA Limited Partnership on March 11, 2004 for the use of these monies. The Whispering Garden IHA Limited Partnership project (as proposed) is a portion of the larger project that was discussed at the November 1 work session. The additional four lots/units that were to be assisted with FY05 HOME funds are not included in the proposed project that is requesting City Council support. If you have questions or need additional information please contact me at 356-5248 or via e-mail at Steven-Nasby@iowa-city,org. Cc: City Manager Eleanor Dilkes, City Attorney Karin Franklin, Director of Planning and Community Development MJ). c ~ 12 Prepared by: Kevin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 04-318 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART- MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307 AND/OR 5309, TO BE USED FOR FY2005 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 5307 and 5309 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 Transportation, 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 Department 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: 1. 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. 95307 and/or 95309. 2. 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 Transportation to satisfy the requirements of Title VI of the Civil Rights Act of 1964. 3. 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. Resolution No. 04-318 Page 2 4. The City Manager is authorized to develop and execute affirmative disadvantaged business policies with respect to the project and the project's procurement needs. 5. 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. 6. The Johnson County Council of Governments (JCCOG) - Transportation Planning Division - Assistant Transportation Planner [Kevin L. Doyle] is authorized to: (a) submit and review Federal Transit Administration grant applications, quarterly reports, and any other required information; (b) electronically submit the FTA Annual Certification and Assurances required from grantees electronically on behalf of the City of Iowa City and Iowa City Transit with the Federal Transit Administration. An original copy of the FTA Annual Certifications and Assurances will be kept by the City of Iowa City. 7. Upon approval of the grant application by FT A, the grant agreement may be executed electronically by JCCOG Assistant Transportation Planner (Kevin L. Doyle) on behalf of the City Manager, City of Iowa City. Passed and approved this 16th day of November ,20 04. ~tv /~ -- MAYOR Approved by ATTEST: ~~J K. r:f(;,AAJ A//~~ I/-f-O'I CI LERK City Attorney's Office It was moved by 0' Donnell and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn jccogtplfy02ftaliowares.doc ,., ~ CORALVILLE December 14, 2004 Secretary of State Chet Culver State Capitol Des Moines, IA 50319 Secretary of State: Pursuant to State law, enclosed is a 28E Agreement between the City of Coralville, the City of Iowa City, Southgate Development Company and Clear Creek, LLC regarding certain obligations involving the construction of Camp Cardinal Road from an area South of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City. This 28E agreement is recorded in Book 3824, page 136-146 at the Johnson County Courthouse and was recorded on December 10, 2004. Sincerely, 'Dl~<;f. ~ Nancy J. Beuter, City Clerk City of Coralville Cc: Iowa City Southgate Clear Creek City Administration 1512 7th Street Coralville, Iowa 52241-0127 319-248-1700 Fax: 319-248-1894 &k. !l6~ 'f' p~ Iji;-tLf{p ~ ~ 14 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-319 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY, AND CLEAR CREEK, LLC, REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CAMP CARDINAL ROAD FROM AN AREA SOUTH OF CLEAR CREEK IN CORALVILLE SOUTHERLY TO MELROSE AVENUE IN IOWA CITY WHEREAS, Coralville, Iowa City, Southgate Development Company, and Clear Creek, L.L.C. desire to jointly construct Camp Cardinal Road from an area south of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City (hereinafter "the Project"); and WHEREAS, the parties approved a Memorandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road dated December 21, 2001; and WHEREAS, the Project covers the road and associated infrastructure such as storm sewer; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2003), Iowa City, Coralville, Clear Creek L.L.C. and Southgate Development Company desire to enter into an agreement outlining their respective duties and responsibilities regarding said Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement with Coralville, Iowa City, Southgate Development Company, and Clear Creek, LLC, attached hereto and incorporated by reference herein, and 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. 2. The City Clerk is hereby authorized to forward the executed resolution and agreement to the City Clerk of Coralville, who, pursuant to the terms of the agreement, shall file the agreement with the Secretary of State and record the agreement in the Office of the Johnson County Recorder as required by Section 28E.8 of the Code of Iowa (2003). Passed and approved this 16th day of Nnvpmhpr ,20~. ~~~~ MAYOR Apryoved bY(~ ATTEST:~~~-v.J *". C~4/J t:iu-1-- '?,-/' L J) - q - /" i.f CITY . ERK City Attorney's Office Eleannor/res/28E.agt11-9.doc Resolution No. 04-319 Page 2 It was moved by Ba il ey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell x Vanderhoef X Wilburn --- Prepared by: Eleanor M. Dilkes, City Attorney, 410 EWashington Street, Iowa City,IA 52240 (319) 356-5030 CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY, SOUTHGATE DEVELOPMENT COMPANY, INC., AND CLEAR CREEK, L.L.C. REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CAMP CARDINAL ROAD FROM AN AREA SOUTH OF CLEAR CREEK IN CORALVILLE SOUTHERLY TO MELROSE A VENUE IN IOWA CITY. THIS AGREEMENT is made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City", Southgate Development Company, Inc" hereinafter referred to as "Southgate" and Clear Creek, LL.C. Southgate and Clear Creek L.L.C. are hereinafter referred to collectively as "Developer". WHEREAS, Coralville, Iowa City and Developer desire to jointly construct Camp Cardinal Road from an area south of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City, hereinafter referred to as the "Project"; and WHEREAS, the parties approved a Memorandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road dated December 21, 2001 (hereinafter "Memorandum of Understanding"); and WHEREAS, the "Project" covers the road and associated infrastructure such as storm sewer; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2003), Iowa City, Coralville and Developer desire to enter into an agreement outlining their respective duties and responsibilities regarding said Project. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Purpose. The purpose of the agreement is to coordinate design and construction of the Project and to fix the financial responsibilities of each party. II. Consideration. The mutual consideration herein is the undertaking of the Project and execution of this agreement by the parties. III. No separate leoal entitv. No separate legal entity is created by this Agreement. The City Council of each City will administer the City's duties hereunder. IV. Proiect Phases and Responsibilities. A. Engineering Design Services. 1. Consultant Aoreement. Pursuant to the parties' 28E Agreement dated October 14, 2003, Coralville entered into an engineering consultant agreement with Snyder & Associates, for design services. 1 2. Enaineerina Desian Costs. Pursuant to said 28E Agreement Coralville and Iowa City paid Developer's share of the engineering design costs and Developer agreed to reimburse said costs with interest at the rate of four percent (4%) per annum from the date of payment by Iowa City or Coralville on or before July 1, 2004, or the completion of the engineering design services, whichever is sooner, unless subsequent agreement was reached by the parties regarding financing of such amounts. This agreement shall be considered such a subsequent agreement. With the exception of the cost of assessment plats and schedules for work within Coralville, which shall be paid solely by Coralville, engineering design costs shall be a cost of construction and allocated in accordance with section F of this agreement. B. Engineering Construction Services Coralville shall enter into an agreement with Snyder & Associates for construction services after approval of said contract by all parties. With the exception of the cost of assessment plats and schedules for work within Coralville, which shall be paid solely by Coralville, the cost of said services shall be considered a cost of construction and allocated in accordance with section G of this agreement. C. Annexation/Severance 1. Mappina/Leaal Descriptions. The Engineer shall identify and provide plats, legal descriptions and ownership information of those certain properties identified in the Memorandum of Understanding to be severed from Iowa City and annexed into Coralville. 2. Severance. Upon receipt of the information specified in paragraph (1) above, Iowa City shall commence proceedings to sever said identified property from Iowa City pursuant to Chapter 368 of the Code of Iowa (2003). 3. Annexation. Concurrently with paragraph (2) above, Coralville shall commence proceedings pursuant to Chapter 368 of the Code of Iowa (2003) to annex said identified property into Coralville. Developer shall voluntarily annex all property owned by Developer and identified in the Memorandum of Understanding to the designated municipality. D. Camp Cardinal Road right-of-way. 1. Leaal Descriptions. The Engineer shall identify and provide plats and legal descriptions of the right-of-way and temporary construction easements to be dedicated by Developer and acquired by the cities. 2. Dedication of riaht-of-wav. Upon completion of paragraph (C) above and final design of the roadway alignment, Developer shall dedicate at no cost to each City, the portions of the proposed Camp Cardinal Road right-of-way which lie within each City's jurisdiction in a manner acceptable to each city. Said land shall be dedicated free and clear of all liens. 3. Temporary Construction Easements. Developer shall also grant at no cost to each City the temporary construction easements necessary to complete the project. 2 Said temporary construction easements shall expire upon final acceptance of the project by each city. 4. Land Acauisition. The Engineer shall also provide to each City the plats and legal descriptions of any right-of-way and temporary construction easements not owned by Developer to be used in the acquisition process. Both Coralville and Iowa City are solely responsible for any acquisition of right-of-way and easements for Camp Cardinal Road within its jurisdictions beyond the limits of Developer's property. All acquisition must be completed before the project is let. The project will not be let sooner than six months after final plats and legal descriptions are prepared by the engineer and submitted to the cities. E. School Site Dedication. The project will not be let until all parties to this agreement and the Iowa City Community School District ("ICCSD") have entered into a written agreement regarding the conveyance to the ICCSD of a school site of approximately 13 acres within the area included within the Clear Creek Master Plan as contemplated by the parties' Memorandum of Understanding. F. Project Letting. 1. Proiect Develooment. The construction design process shall be a collaborative effort between Coralville, Iowa City and Developer. The parties agree to hold regular design meetings with the Engineer to finalize the design of the Project. During construction the parties will meet at least twice a month. 2. Award. The project shall not be let until annexation, severance and dedication of right-of-way as specified in paragraphs C and D hereof are complete. The project will be constructed as a single project with three divisions. Division 1 shall consist of construction of the road in Iowa City (project station 10+100 to 36+60.46). Division 2 shall consist of construction of the road on Developer's property (project station 36+60.46 to 94+91.37). Division 3 shall consist of construction of the road in Coralville (project station 94+91.37 to 99+68.75). Both Iowa City and Coralville will approve a single set of plans and specifications for the entire project. Upon approval by Iowa City, Coralville will award a contract for the entire project. Each City will have all responsibilities and rights under Chapter 384, Division IV of the State Code regarding competitive bidding, including the authority to reject all bids. Action by Iowa City to authorize the award of the contract shall be contingent on Developer's compliance with its responsibilities pursuant to Sections IV (D) and (G)(3) hereof, including the execution of a mortgage securing its repayment obligations. 3. Assurances of Financina. Prior to award of the contract, each City shall take such actions as are necessary, and can be completed at that stage of the process, to assure its ability to finance its share of the costs. Each City should certify to the other: a. Its method of payment, describing the amount and types of financing, including provisions for overrun costs. b. That it has taken legal actions required to authorize the sale and issuance of any financing contemplated. 3 c. That it has received reasonable assurances of its ability to sell or place such financing, furnishing copies of such assurance or supporting confirmation from the respective independent financial advisors. d. If each city determines that the other city's financial assurances are acceptable, it shall take action to authorize the project to proceed to advertisement for bids. 4. Pavment of Invoices and Reimbursement to Coralville. Coralville will act as the lead agency for the project and will supervise construction. Upon presentment of an invoice for construction costs, Coralville shall review the same at its regularly scheduled City Council meeting and shall make payment in the ordinary course upon approval by Coralville. After payment, Coralville shall present an invoice to Iowa City for the costs of construction allocated to Iowa City in accordance with this agreement. Said invoice shall separately identify costs attributable to Division 1, costs attributed to 15% of Division 2 and costs attributable to 56% of 70% of Division 2 (Developer's costs within Iowa City that Iowa City is financing pursuant to section G(3) of this agreement). Iowa City will reimburse Coralville within 30 days of Iowa City's receipt of such an invoice. 5. Approval of Chanae Orders. Iowa City shall not be charged for construction costs resulting from a change order unless the change order has been approved by the Iowa City Public Works Director or his designee. If the change order results in charges that will be allocated to Developer, Developer must also approve the change order. G. Financial Responsibility for Construction Costs. 1. Allocation of Costs. The parties will be responsible for the costs of construction as follows: a. Iowa City - 100% of Division 1 and 15% of Division 2. b. Developer - 70% of Division 2. c. Coralville - 15% of Division 2 and 100% of Division 3. d. Costs of construction shall be allocated to a Division based on the location of the work with the exception of costs for items listed on lines 1, 3, 8, 9, 10, 15, 57, 64, 65 and 66 of Exhibit A attached hereto, and engineering services, which shall be allocated 30% to Division 1, 65% to Division 2 and 5% to Division 3. e. All costs attributable to construction of the detention pond (Division 2A on attached Exhibit A) are the responsibility of the Developer and shall not be borne by the cities. 2. Developer's Costs Within Coralville. a. Developer shall enter into a Petition and Waiver Agreement with Coralville in a form acceptable to the City and its bond counsel. Said agreement will specifically identify which property/parcels owned by 4 Developer that will be assessed for the costs of the project within Coralville. Prior to letting the project, Developer shall have executed the Petition and Waiver Agreement. b. Coralville will sell bonds/notes to cover both Coralville's and Developer's share of the road within Coralville, including all engineering costs. Developer shall reimburse Coralville in accordance with the terms of the Petition and Waiver Agreement. Developer's share of the road within Coralville is 44% of Developer's share of Division 2. c. In connection with the Petition and Waiver Agreement, any lienholders on the development property shall subordinate their interests in the development property to the terms of the Petition and Waiver Agreement. 3. Developer's Costs Within Iowa Citv. a. Developer shall pay interest at the rate of four percent (4%) on all amounts paid by Iowa City on Developer's behalf for engineering design services pursuant to the parties' earlier 28E Agreement from the date of Iowa City's payment until Iowa City's sale of bonds to finance the project. Said interest shall be paid by Developer within 30 days of notice by Iowa City that it has sold said bonds. b. Iowa City will sell bonds to cover both Iowa City's and Developer's share of the costs of construction within Iowa City. 56% of Developer's share of Division 2 will be financed by Iowa City. Developer shall reimburse Iowa City for all actual costs of Developer's share, as follows. Annually, on the anniversary of the bond sale, Developer will pay interest on its share at the rate of 4% or the interest on the bonds, whichever is greater. The principal will be paid back on a per acre basis within 30 days following adoption by the City Council of a resolution approving a final plat. The development property is that portion of the 462 acres of "Clear Creek" land, as identified in the parties' Memorandum of Understanding, that lies within Iowa City after annexation as contemplated in section C of this Agreement, excluding the property owned by Beverly Horton. The Developer's promise to pay interest and principal will be set forth in a promissory note given to Iowa City and secured by a mortgage on said development property. The mortgage will be partially released as payments of principal are made. The principal will be due in full without regard to development 10 years after final acceptance of the project. The City's mortgage will be senior to all other liens. c. Prior to award of the contract Developer shall provide evidence satisfactory to Iowa City that it has title to all development property free and clear of all liens or, if liens do exist, agreements by the lienholders that they will subordinate their interests to Iowa City's mortgage. d. Developer shall execute said note and mortgage prior to award of the contract. e. Iowa City's agreements hereunder are made only with respect to Camp Cardinal Road and water main and storm sewer infrastructure as set forth in 5 the plans prepared by Snyder and Associates and not with respect to any other infrastructure such as construction of the detention pond detailed as Division 2A on Exhibit A attached hereto, sanitary sewer extensions and extensions of any other public or private utilities such as gas, electric and telecommunications. All existing tap-on fees remain in effect. 4. Developer may, from time to time, undertake certain construction activities related to the project, which activities may take place upon the property of Developer exclusively, or may occur upon right-of-way owned by either Iowa City, Coralville, or upon both. If such construction activity is approved in advance by the cities in writing, Developer shall be reimbursed upon acceptance of the work by Coralville pursuant to Section IV (F)(4) hereof. Iowa City will not approve construction activity unless it is consistent with the public bidding requirements of Iowa law as determined by Iowa City. Developer shall be reimbursed only for out-of-pocket costs paid to third party contractors and not for construction activities or services provided by Developer or a related party. Amounts reimbursed to Developer shall be a cost of construction and recovered according to the formula and mechanism set out above. H. Filing. The City Clerk of Coralville shall file this agreement with the Secretary of State and record this agreement in the Office of the Johnson County Recorder as required by g28E.8 of the Code of Iowa (2003). Dated this J{Q't;1J day of 07/~ ,2004. Apf)rowd By (J;;;.,l. ~ II -17-1) CITY OF CORALVILLE ,~ ~ce Q~ ~. If. _~_OAd7/ CI F ::4TY ~ 'tJ L. Fausett, Mayor . Ernest W. Lehman, Mayor ATTEST: ATTEST: ~~}*Cle'k ~1f.-~ Mar K. Karr, City Clerk SOUTHGATE DEVELOPMENT CLEAR CREEK, L.L.C. COMPANY, INC. BY: SOUTHGATE DEVELOPMENT ~cY~ COMPANY, INC., MANAGER ~~Jl vC;: /1{~ Teresa L. Morrow, Vice President Teresa L. Morrow, Vice President 6 SOUTHGATE'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the I (0 day of ,J,~U , 2004, by Teresa L. Morrow as Vice President of SOUTHGATE DEVELOPMENT COMPANY, INC., on behalf of whom the instrument was executed. ~~N~ STEVES. DOLL'. ;^ ~ (\ d i o 1: Commission Number .. _ "X ' J . . My Commissior, LXP; //{....>V ~ OW <{ - ~ - 0,.. Notary Public in and for the State of Iowa tI, STEVE S. DOLEZAl :.: Commission Number 716204 . OW' MYCO_mmi~on 'res CLEAR CREEK'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 1 (n day of !\..Jou~bel' , 2004, by Teresa L. Morrow as Vice President of Southgate Development Company, Inc., as Manager of CLEAR CREEK, L.LC., on behalf of whom the instrument was executed. ~ ~) h STEVE S. DOLEZAL o \ Commission NUJ11ber 7~ 6204 . .,.x.... r. '. My Comml~on Ex res Notary Public in an for the State of Iowa . -2,:>-D IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this fir. day of N~lJ~l'^P"'fR ,2004, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman 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; and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. ~N SONDRAE FORT S1'JYY:t-'ItG' .~...p ~~ Commission Number 159791 A Notary Public in and for the State of Iowa . . My Commission Expires lOW '5' 7- f:.J.o 7 CORALVILLE'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this A-qilt day of ~).{I.AM .ho] ,2004, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim L. Fausett and Nancy J. Beuter, 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; and that Jim L. Fausett and Nancy J. 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THIS AGREEMENT is made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville", the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City", Southgate Development Company, Inc., hereinafter referred to as "Southgate" and Clear Creek, L.L.C. Southgate and Clear Creek L.L.C. are hereinafter referred to collectively as "Developer". WHEREAS, Coralville, Iowa City and Developer desire to jointly construct Camp Cardinal Road from an area south of Clear Creek in Coralville southerly to Melrose Avenue in Iowa City, hereinafter referred to as the "Project"; and WHEREAS, the parties approved a Memorandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road dated D.ecember 21, 2001 (hereinafter "Memorandum of Understanding"); and WHEREAS, the "Project" covers the road ~d associated infrastructure such as storm sewer; and I \ I \. I "', WHEREAS, pursuant to Chapter 28E of/the Co~ of Iowa (2003), Iowa City, Coralville and Developer desire to enter into an agreement oLltjining their respective duties and responsibilities regarding said Project. \ NOW, THEREFORE, IT IS AGREED AS F9LLOWS: I. Purpose. The purpose of the agr~ement is to coordinate d ign and construction of the Project and to fix the financial responsibilities of each party. I II. Consideration. The mutual co~sideration herein is the undert king of the Project and execution of this agreement bYf~he parties. III. No separate leaal entity. N9 separate legal entity is created by is Agreement. The City Council of each City will/administer the City's duties hereunder. IV. Proiect Phases and ResPo~sibilities. , I A. Engineering Design Serfices. 1. Consultant A re I ent. Pursuant to the parties' 28E Agreement dated October 14, 2003, Coralville ent, red into an engineering consultant agreement with Snyder & Associates, for design strvices.Ä 1 2. Enaineerina Desiqn Costs. Pursuant to said 28E Agreement Coralville and Iowa City paid Developer's share of the engineering design costs and Developer agreed to reimburse said costs with interest at the rate of four percent (4%) per annum from the ~ate of payment by Iowa City or Coralville on or before July 1, 2004, or the completion of tti~ engineering design services, whichever is sq6ner, unless subsequent agreement was reached by the parties regarding financing qf such amounts. This agreement shall be considered such a subsequent agreeme\lt. With the exception of the cost of assessment plats and schedules for work witt}in Coralville, which shall be paid solely by Coralville, engineering design costs shall Qe a cost of construction and allocated in accordance with section F of this agreemel)t: / B. EngineeringConstruction Services ; / Coralville shalll.enter into an agreer;tlent with Snyder & Associates for construction services after approval of said cont~act by all parties. With the exception of the cost of assessment plats\;!nd schedules fqr work within Coralville, which shall be paid solely by Coralville, the cost\~ said services shall be considered a cost of construction and allocated in accordan e with section G of this agreement. C. 1. Ma in /Le al Des fi tions. The Engineer shall identify and provide plats, legal descriptions and owners I information of those certain properties identified in the Memorandum of Under tan ing to be severed from Iowa City and annexed into Coralville. 2. Severance. Upon receip of the information specified in paragraph (1) above, Iowa City shall comf.:1ence procee ings to sever said identified property from Iowa City pursuant to Chapter 368 of the Cod of Iowa (2003). ,I 3. Annexatiok Concurrently witH aragraph (2) above, Coralville shall commence proceedings pu(~uant to Chapter 368 0 he Code of Iowa (2003) to annex said identified property into jeoralville. Developer s II voluntarily annex all property owned by Developer an,CI identified in the Memor ndum of Understanding to the designated municipality. i D. Camp Carc;final Road right-of-way. ! 1. Letlal Descriptions. The Engineer sha identify and provide plats and legal descriptions of the right-of-way and temporary c struction easements to be dedicated by Developer and acquired by the cities. l I 2. jDedication of riaht-of-wav. Upon completio of paragraph (C) above and final desigri of the roadway alignment, Developer shall de icate at no cost to each City, the portio~ of the proposed Camp Cardinal Road right-o -way which lie within each City's jurisd tion in a manner acceptable to each city. Said and shall be dedicated free and clear all liens. 3. Temporarv Construction Easements. Developer shall also grant at no cost to each City the temporary construction easements necessary to complete the project. 2 \, Said temporary construction easements shall expire upon final accep nce of the project ''ÞY each city. 4.\ Land Acquisition. The Engineer shall also provide to ea City the plats and legal deSçriptions of any right-of-way and temporary constructio easements not owned by Devè!oper to be used in the acquisition process. Both Cor ille and Iowa City are solely resp0:tble for any acquisition of right-of-way and ease ents for Camp Cardinal Road within I jurisdictions beyond the limits of Developer's roperty. All acquisition must be comPlet~oee the pcojee! Is let. The pcojee! will ot be let soonee than six months after final lats and legal descriptions are prepared)Sy the engineer and submitted to the ~~. / ; , / E. School Site D~cation. i/ , I The project will nof'Qe let until all parties to-this agreement and the Iowa City Community School District ("IC~SD") have enter.éd into a written agreement regarding the conveyance to the IC~~D of a sch09r site of approximately 13 acres within the area included within the Clear Creek iMaster Plan as contemplated by the parties' Memorandum of Understai\ding. i " F. Project Letting. , i '. í /f~ 1. Proiect Development./Th~ construction design process shall be a collaborative effort between Coralville, IoWa Citx and Developer. The parties agree to hold regular design meetings with th~' Engineer to finalize the design of the Project. During construction the parties ~II meet at I~st twice a month. i \. I \ 2. Award. The prpJect shall not be'~ until annexation, severance and dedication of right-of-way as speci'ed in paragraphs C nd D hereof are complete. The project will be constructed as a ,single project with tHree divisions. Division 1 shall consist of construction of th7 road in Iowa City (proj~t station 10+100 to 36+60.46). Division 2 shall consist ofLconstruction of the road n Developer's property (project station 36+60.46 to 9i;91.37). Division 3 shall cons t of construction of the road in Coralville (project statio 94+91.37 to 99+68.75). Both owa City and Coralville will approve a single set ~ans and specifications foe the enll pcoject. Upon appcoval by Iowa C~y, Coralville I award a contract for the entir project. Each City will have all responsibil' les and rights under Chapter 384, Di ion IV of the State Code regarding competitivþ bidding, including the authority to reje t all bids. Action by Iowa City to authori~the award of the contract shall be conting t on Developer's compliance with its resp nsibilities pursuant to Sections IV (D) and (G) ) hereof, including the execution of a mÇJrtgage securing its repayment obligations. / 3. Assurances of Financina. Prior to award of the contract, each City shall take suc actions as are necessary, and can be completed at that stage of the process, to as ure its ability to finance its share of the costs. Each City hould certify to the other: a. Its method of payment, describing the types of financing, including provisions for overrun costs. , b. That it has taken legal actions required to authorize the sale and issuance of any financing contemplated. 3 c. That it has received reasonable assurances of its ability t9.sell or place such financing, furnishing copies of such assurance or sl!pporting confirmation from the respective independent financial advisors. /" d. If each city determines that the other city'~Ainancial assurances are acceptable, it shall take action to authorize the project to proceed to advertisement for bids. / -' " 4. Pavment of Invoices and Reimbursement to,Coralville. Coralville will act as the lead'agency for the project and will supervise c~struction. Upon presentment of an invoice)or construction costs, Coralville shall reyew the same at its regularly scheduled City COU11cil meeting and shall make paymenVin the ordinary course upon approval by Coralville.' . After payment, Coralville shall pr~ent an invoice to Iowa City for the costs of construction-allocated to Iowa City in accors;tance with this agreement. Said invoice shall separately ideQtify costs attributable to DjVision 1, costs attributed to 15% of Division 2 and costs attribl:{table to 56% of 70% .~ Division 2 (Developer's costs within Iowa City that Iowa City is fi[1ancing pursuant t,0 section G(3) of this agreement). Iowa City will reimburse Coralville within 30 days <flowa City's receipt of such an invoice. I 5. Approval of Chanqe Ord's. Iowa City shall not be charged for construction costs resulting from a char,ge otCter unless the change order has been approved by the Iowa COy Public Worns Dt' 0' his deslgoee. If the chaoge orne, ",suits 10 cha",es that will be allocated to Deve per, Developer must also approve the change order. \ G. Financial Responsibili~ or C~~truction Costs. 1. Allocation of crts. The pa'rt,ies will be responsible for the costs of construction as follows: ,1 \ / \ a. Iowa 7Y - 100% of Divisio~ 1 and 15% of Division 2. b. Deve-Ioper - 70% of Division 2. c. i~,v"'e - 15% of Dlvlsloo 2 aod 00% of Dlvlsloo 3. d. i Costs of construction shall be alloca d to a Division based on the location / of the work with the exception of costs or items listed on lines 1, 3, 8, 9, 10, / 15, 57, 64, 65 and 66 of Exhibit A ttached hereto, and engineering ! services, which shall be allocated 30% to Division 1, 65% to Division 2 and 5% to Division 3. .I / e. All costs attributable to construction of the d tention pond (Division 2A on , attached Exhibit A) are the responsibility of the. Developer and shall not be I , l borne by the cities. \ ! I Developer's Costs Within Coralville. a. Developer shall enter into a Petition and Waiver Agreement with Coralville in a form acceptable to the City and its bond counsel. Said agreement will specifically identify which property/parcels owned by 4 Developer that will be assessed for the costs of the project within Coralville. Prior to letting the project, Developer shall have executed the Petition and Waiver Agreement. \. b. Coralville will sell bonds/notes to cover both Coralvill~\s and Developer's " share of the road within Coralville, including a,1f engineering costs. 'Qeveloper shall reimburse Coralville in accordan96 with the terms of the Petition and Waiver Agreement. Developer's are of the road within Coralville is 44% of Developer's share of Divis' n 2. c. In connection with the Petition and Waiver greement, any lienholders on the dev!3lopment property shall sub dinate their interests in the develop~nt property to the terms of t Petition and Waiver Agreement. \ 3. Developer's Costs Within Iowa Citv. a. Developer shall pciy interest at the te of four percent (4%) on all amounts paid by Iowa City On Developer' behalf for engineering design services pursuant to the parties: earlier 2 Agreement from the date of Iowa City's payment until Iowa Cityls sale bonds to finance the project. Said interest shall be paid by Developer wi in 30 days of notice by Iowa City that it has sold said bonds. b. Iowa City will sell bonds t cover both Iowa City's and Developer's share of the costs of constructio within\.lowa City. 56% of Developer's share of Division 2 will be financ d by Iowa yity. Developer shall reimburse Iowa City for all actual costs Developer'S, share, as follows. Annually, on the anniversary of the b d sale, DeveloP<3r will pay interest on its share at the rate of 4% or the i erest on the bonds;,whichever is greater. The principal will be paid back 0 a per acre basis withrn. 30 days following adoption by the City Council of a solution approving a final, plat. The development property is that portion 0 the 462 acres of "Clear Creek" land, as identified in the parties' Memor. ndum of Understanding, th~ lies within Iowa City after annexation as contemplated in section C of this Agreement, excluding the property own d by Beverly Horton. The Develop~r's promise to pay interest and princip will be set forth in a promissory note given to Iowa City and . secu,ed by mortgage 00 sa;d developmeot pcope~he mortgage wm be partially r eased as payments of principal are mad The principal will be due in fu without regard to development 10 years aft r final acceptance of the proj t. The City's mortgage will be senior to all othe liens. \ c. Prior t award of the contract Developer shall provide eVid~ce satisfactory to Iowa ity that it has title to all development property free an~ clear of all liens 0', ;, Ueos do e>dst, a,'eemeots by the I;eoholde", Ihat Ihey ~Ubo'd;oale thei interests to Iowa City's mortgage. d. D veloper shall execute said note and mortgage prior to ard of the c tract. \ e. Iowa City's agreements hereunder are made only with respect to Camp Cardinal Road and water main and storm sewer infrastructure as set forth in 5 '. the plans prepared by Snyder and Associates and not with spect to any other infrastructure such as construction of the detention ond detailed as Division 2A on Exhibit A attached hereto, sanitary se r extensions and extensions of any other public or private utilities such as gas, electric and telecommunications. All existing tap-on fees remain in ffect. 4. Developer may, from time to time, undertake ce in construction activities related to the projèçt, which activities may take place upo the property of Developer exclusively, or may occur upon right-of-way owned by her Iowa City, Coralville, or upon both. If such co~truction activity is approved in dvance by the cities in writing, Developer shall be reimb.ursed upon acceptance of t work by Coralville pursuant to Section IV (F)(4) hereof. {owa City will not appro construction activity unless it is consistent with the public bièk;ing requirements of I a law as determined by Iowa City. Developer shall be reimbursedçnly for out-of-poc t costs paid to third party contractors and not for construction activities, or services pr vided by Developer or a related party. Amounts reimbursed to Develo~~r shall be a cost of construction and recovered according to the formula and mechahism set ut above. '. H. Filing. The City Clerk of Coralville shall 'e this agreement with the Secretary of State and record this agreement in the Office thè.Johnson County Recorder as required by §28E.8 of the Code of Iowa (2003). , \ \, Dated this day of \f004. \ \ , \ CITY OF CORALVILLE CITY OF IO~ CITY \ \ . .Jim L. Fausett, Mayor Ernest W. Lehman\~ayor ATTEST: ATTEST: \ \ \ \ Nancy .J. Beuter, Deputy Ci Clerk Marian K. Karr, City Clerk \\ SOUTHGATE DEVELO~ENT CLEAR CREEK, L.L.C. ~ COMPANY, INC. I BY: SOUTHGATE DEVELOPM NT I \ \ / COMPANY, INC., MANAGER Teresa L. Morrow, Vi e President Teresa L. Morrow, Vice President ~;~ "11l~/Þ'l City Attorney's Office 6 SOUTHGATE'S ACKNOWLEDGEMENT STATEOF~ ) .', )ss: ., JOHNSON COUNty ) " \ This instrument was ackQowledged before me on the day of , 2004, by Teresa L. MorÌ'qw as Vice President of SOUTHGATE DEVELOPMENT COMPANY, INC., on behalf of whom thè-{nstrument was executed. \, , \ \ \ '\ Notary Public in and for the¡$tate of Iowa / / é/ 'S ACKNOWLEOGÊMENT ,/ / ../., STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of , 2004, by Teresa L. Morrow as Vice President of Sou gate Development Company, Inc., as Manager of CLEAR CREEK, L.L.C., on behalf of whom the strument was executed. Notary Public in and r the State of Iowa IQWA CITY'S ACKNOWLEDGEMEN STATE OF IOWA ) )5S: JOHNSON COUNTY ) On this d¡¡y of ,2004, before me, the und signed, a Notary Public in and for the/State of Iowa, personally appeared Ernest W. Lehman an arian K. Karr, to me personally k~own, and who, being by me duly sworn, did say that they are he Mayor and City Clerk, respeþtively, 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 sign d and sealed on behalf of the corporation, by authority of its City Council; and that Ernest W. ehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary a'ct and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. A Notary Public in and for the State of Iowa 7 '",,- '" '. , CORALVILLE'S ACKNOWLEDGEME STATE OF IOWA ) / )ss: JOHNSON COUNTY ) / / On this day of ,2~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appear éj Jim L. Fausett and Nancy J. Beuter, to me personally known, and who, being by me duly'¿worn, did say that they are the Mayor and City Clerk, respectively, of the City of Coralvill~llowa; that the seal affixed to the foregoing instrument is the corporate seal of the\corporati9fÍ, and that the instrument was signed and sealed on behalf of the corporation, by authority of it!V'City Council; and that Jim L. Fausett and Nancy J. Beuter acknowledged the execution Òf tl)é instrument to be their voluntary act and deed and the voluntary act and deed of said municip~' corporation, by it and them voluntarily executed. I 0' / A Notary Public in and for the State of Iowa / ,I Eleanorlagtlcampcardinal28E draft 2,doc I 8 EXHIBIT "A" ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST CAMP CARDINAL ROAD EXTENSION PROJECT CORALVILJ.E/\QWA CITY, IA 1011412004 ...- ......- T__ "." UftltPrloe TatalPriM .....-, .....-, DMaion Z I OIYWion 2 OMaklnZA I DI'tIIJon2A -. -. Nu....... ........,. ExtwIded Pr$N ~~d..'"""' ~ ExeMdoMI prto. - En.n.Md Prloe IOWA CITY 100% Ie 11%I8G 70%1CfM..1I% 8OUTMGATi.100% COAALVlUE100% , Mobilization , " · 270000 $ 270000 0.30$ 11000 0.85$ 175500 OS 0.05$ 13500 2 CIe..w. .,dGrubbin 2... AC · ,... . 133200 1.2' ,... 19.1' "'00 7.3$ '''50 1.3$ .150 · _All. 2Ø5.000 CY · 2.25 $ 596250 10000' 180,000 112000$ 33'000 OS 13000$ 29250 · ExcawIIon~13,C"""" '000 CY · '1.00 S 15,600 OS OS '000' ,.... a. · &cav.IIon 0-.13 CUklffTI'WICh "" Cy · 3.00 $ '000 OS OS "" . '000 a. , · &cav.tion Cw-13 Pond '33000 CY · 2.75 S 379500 a. 420005 115500 ..000' "'000 a. , , CGno.rtExc.vttion 2000 CY · ..00 $ '''0 a, a. 2000' "" a. ~...... · 'S "... CY · ..00 S 70,400 5280$ 21120 110M0S 45,760 OS 880$ 3520 · -.ndFertiIîution " AC · 2,000 $ "000 7.8$ '51" 18.9$ "... OS 1.3$ ... " .............. 000 TN · 14 . 28000 .... .." "" . U1200 OS "a. ,... 11 s.Iect CoM-iY. e.ckfill 2100 CY · 5.00 S 13000 OS OS 2.... 13000 a. 12 E - "'50 CY · 4.00 S 12000 OS OS '000' 12000 a. 13 Or1IinfIII,FlneGr.datlon " Cy · 21 . "a a. a. sa. "a a. 14 DnìnfIII evur.. Graddon ." Cy · 23 . 8,185 a. OS 355' 8165 a. ,. --- 21... CY · 27 . 583200 51" . 175500 '.000$ 378000 OS 1100 ",,, ...... P.C. Concm. 9" "... SY · 33 . 2006..00 '4000$ 532000 36000' ''''000 OS · ,,,... " Conc:nW 15· · EA · 425 S 3400 2' '5O 2. ..a a. .. 17" " Concr.w , 8" , EA , ... . "50 a. " 000 OS ,. ... " ,24- , EA · 475 $ '.325 " .50 ,. 2.375 OS a. 20 C~ ". , EA · '" . '" a. '. "a a. a. 21 Coo_ , EA · '" . .00 OS ,. ... OS a. 22 ~Subchin r 11570 LF · 8.00 $ 112560 4120$ "... '000' "000 OS .... "" 23 SUbIhIn C'-MOYt · EA · '" . .... 2' 1,600 ,. ... " ,. '" " .......T ...... DOT 22 EA · 2,500 $ 55,000 " ". 45000 a. .. 10000 " .......T RA-43 DOT .. EA · "'50 . 13000 12' "000 ... " " ,. '000 " .......T RA-63 DOT , EA · 1500 $ 1500 " ,. '500 " a. TO .......T RA-70 DO " EA · .'" . 52500 7S 24500 .. "'000 " a. '" IrIbdaoCurtlMdA. EA · "" . '''0 " " " 2' .000 '" s.w.. 2DOODstonn12" 36 · 45 . "" " " ". "" a. '" s-. 2000Dstwm 1S- "'" LF '" , 183846 1587$ 'H604 "" . 117177 " "'. "'" .. ..... 20000 ,~ ." LF · " . 17498 " "'. 152511 " 70. 2"0 " s.w.. 2000D ". 2152 LF · $I , "... ".. '''7 1899$ 74057 " a. " s.w.. 2000D Stann 3Ir 12' LF · .... " 124$ "" " a. " s.w.. 20000 StDnn, 38" ." LF · .. . '"~ " .". 33109 " a. 25 s_ 2000D SID '2' <3 LF · 'DO . . . "" " a a. " Low__ CI...025 48" '" LF · "'a. ..... " 218$ .."a " a. " S_4.S'x4.5'BoxCutv.rtExtwl8ion .. LF , 250 . 13750 13750 a. " a. 33 SctI......PerforDclPVC .. ,.. LF , 20 . HOC a. " "a .... a. 33 ~Concreœ"-.hoIe 48" · EA · ,... . 10 " . - .. 10000 " " " ~ Concnt. M"" 60" , EA · S5" . ,... ,. 35" " a. " w.c ......... , EA · .... . .'" a. " , HOC a // " IIIÛI Oudilelron 12" 51" LF · 35 209314 5980$ 209314 " -. " a <3 IMin DuctiItolron 8" '" LF · . 18200 ,,,. "" a. a " _.---~ .. - " EA · ,... . 28500 'as "'''' " " - .-"~--~ " Gé v.IY. IIftd V.. Box, 12" 12 EA · , . 14,400 12' '.400 " " " .. 0. v.w. ~d V.. EIæ< r · EA · ~ '000 . 04000 .. .000 a. " " " '"*' 12"x1Tx8"r.. · EA · 250 . '000 .. '000 a. " " .. rnM'i12"x12"x12"T T_&\I",,- , · '000 . '000 ,. "" a. a " .. StrucIInI Concnt. 22 CY · .00 . "" " a. 22. "" o . 10 sa..¡ RM1forcanwnt Comd '. LI · 1.50 S 7,188 " a. 4792$ 7188 " " "'...... .50 TN · " . 11250 " a. .... 11250 " " "-E '" TN · 25 . "'" " " .". 10500 " 53 -- R " CY · 100 $ '000 " " "'. '000 " .. .-........ '" TN · '" . 10,800 ". ,,, 248$ "" " 23' '" .. GrwIulwladdin " TN · " . '''' " " 8O, '''' " " EroaionMdin 250 SY · 2.00 $ '" " " 250' 500 " õ7 Pl.rtMRIriaIs , lS · 11398 S 11391 0.30S 3419 0.65$ "" " 0.05$ 570 51 . 12 AC · .00 . .000 " " '" '''0 a. 51 T · AC · 1,000 S '.000 " " " '''0 " 10 -- , EA · .000 . .000 " " ,. "''' " " 1Z'SkD , EA · 5000 S .000 " " , '''0 " " .C.ConcnN 6" ,... SY 25 . HIS 000 2.... "000 '000' 122500 " .... , "a " T $I _ation , 15 · 110000 S 110000 ,. 110000 " " a. .. , lO · 10,000 S 10000 0.30$ '000 0.85$ .'" " 0.05$ 'DO IS _C_ , 15 · 20,000 S 20000 0.30$ '''0 0.85$ 13,000 " 0.05$ 1,000 .. &o.ionControl , 1I · 65.000 $ ".000 0.30$ 1&.500 0.65$ <>250 " 0.05$ "50 ....T... $5,n3,300 · 1,673.954 · 3,363.133 · 430,843 · 255,570 10%+I-Cgn~n $574700 · 1611046 · 336'" · "257 · "'3D T..., 33""'000 · , 000 · ',TOO · ",... · ...... Jul1lidlctlonal SubtotaJs Dlvtafon I Subtotal DMslon II SUbtotal Division IIA SUbtotal DlvtsJon HI SUbtotal _c , 3&7000 $ 1142000 $ "'000 . - . -- · "'000 . . "'000 . 2112000 Iou 3084000 $ "'''' 474000 Snyder &AuocimM CCR-eo.t OpWan.øøvw.l IV Prepared by: Eleanor M. Dilkes, City Attorney, 410 EWashington Street, Iowa City, IA 52240 (319) 356-5030 CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA \ CITY, SOUTHGATE DEVELOPMENT COMPANY AND CLEAR CREEK, L.L.C. REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CAMP CARDINAL ROAD FROM AN AREA SOUTH OF CLEAR CREEK IN CORALVILLE SOUTHERLY TO MELROSE AVENUE IN IOWA CITY. THIS AGREEMENT is made by and between the City f Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville", the City f Iowa City, Iowa, a municipal corporation, hereinafter refel'{~d to as "Iowa City", S thgate Development Company, hereinafter referred to as "Southgate" and Clear Creek, .L.C. Southgate and Clear Creek L.L.C. are hereinafter referred to cOllectively as "Develop , " \, WHEREAS, Coralville, Iowa 'City and Dev per desire to jointly construct Camp Cardinal Road from an area south of ~~ Creek i Coralville southerly to Melrose Avenue in Iowa City, hereinafter referred to as the" ject"; d WHEREAS, the parties approved a orandum of Understanding for the Clear Creek Master Plan and Camp Cardinal Road dated cember 21, 2001 (hereinafter "Memorandum of Understanding"); and WHEREAS, the "Project" cove associated infrastructure such as storm sewer; and WHEREAS, pursuant to hapter 28E of the Cod of Iowa (2003), Iowa City, Coralville and Developer desire to e r into an agreement 0 ining their respective duties and responsibilities regarding sai Project. NOW, THEREFORE, IT AGREED AS FOLLOWS: I. Purpose. T purpose of the agreement is to coordinate d Project an o fix the financial responsibilities of each party. II. Consi ration. The mutual consideration herein is the undert exec tion of this agreement by the parties. III. No separate leqal entitv. No separate legal entity is created by this Agreement. The City Council of each City will administer the City's duties hereunder. IV. Proiect Phases and Responsibilities. A. Engineering Design Services. 1. Consultant Aqreement. Pursuant to the parties' 28E Agreement dated October 14, 2003, Coralville entered into an engineering consultant agreement with Snyder & Associates, for design services. 1 2. Enqineerina Desian Costs. Pursuant to said 28E Agreement Coralville and Iowa City paid Developer's share of the engineering design costs and Developer agreed to reimburse said costs with interest at the rate of four percent (4%) per annum from the date of payment by Iowa City or Coralville on or before July 1, 2004, or the completion of the engineering design services, whichever is sooner, unless subsequent agreement was reached by the parties regarding financing of such amounts. This agreement shall be considered such a subsequent agreement. With the exception of the cost of assessment plats and schedules for work within Coralville, which shall be paid solely by Coralville, engineering design costs shall be a cost of construct" n and allocated in accordance Wrth section F of this agreement. \ \ B. Engineering Co'~truction Services \ \ Coralville shall enter. into an agreement with Snyder & ssociates for construction services after approval\~f said contract by all parties. Wit the exception of the cost of assessment plats and sèt1edules for work within Coralvill ,which shall be paid solely by Coralville, the cost of sai'Q services shall be consid ed a cost of construction and allocated in accordance with section F of this agreem t. C. Annexation/Severance \ \ 1. Mappina/Leqal Descriptions.\The Engi eer shall identify and provide plats, legal descriptions and ownership informatton of hose certain properties identified in the Memorandum of Understanding to I:í'l\ vered from Iowa City and annexed into Coralville. ' '. 2. Severance. Upon receipt of e information specified in paragraph (1) above, Iowa City shall commence procee ngs to se~r said identified property from Iowa City pursuant to Chapter 368 of the C e of Iowa (2C>q3). \ 3. Annexation. Concurr tly with paragraph ~) above, Coralville shall commence proceedings pursuant to C pter 368 of the Code of wa (2003) to annex said identified property into Coralville. Developer shall voluntari annex all property owned by Developer and identif d in the Memorandum of U erstanding to the designated municipality. D. 1. Dedic ion of ri ht-of-wa . Upon completion of parag ph (C) above and final design of t roadway alignment, Developer shall dedicate at n cost to each City, the portions 0 the proposed Camp Cardinal Road right-of-way whic lie within each City's jurisdicti in a manner acceptable to each city. Said land shall b dedicated free and clear of all liens. 2. Temporary Construction Easements. Developer shall also grant at no cost to each City the temporary construction easements necessary to complete the project. Said temporary construction easements shall expire upon final acceptance of the project by each city. 3. Land Acauisition. The Engineer shall also provide to each City the plats and legal descriptions of any right-of-way and temporary construction easements not owned by 2 Developer to be used in the acquisition process. Both Coralville and Iowa City are solely responsible for any acquisition of right-of-way and easements for Camp Cardinal Road within its jurisdictions beyond the limits of Developer's property. All acquisition must be completed before the project is let. The project will not be let sooner than six months after final plats and legal descriptions are prepared by the engineer and submitted to the cities. E. Project Letting. '\ \ 1. Proie~ Development. The construction design process shall be a collaborative effort between\Coralville, Iowa City and Developer. The parties agree to hold regular design meetings with the Engineer to finalize the design of the Project. During construction the parties will meet at least twice month. 2. Award. The project shall not be let til annexation, severance and dedication of right-of-way as specifièp in paragraphs C d D hereof are complete. The project will be constructed as a sing~ project with ree divisions. Division 1 shall consist of construction of the road It;! Iowa City roject station 10+100 to 36+60.46). Division 2 shall consist of construct n of th road on Developer's property (project station 36+60.46 to 94+91.37). Div ion 3 hall consist of construction of the road in Coralville (project station 94+91.37 to + .75). Both Iowa City and Coralville will approve a single set of plans and specific Ions for the entire project. Upon approval by Iowa City, Coralville will award a con a for the entire project. Each City will have all responsibilities and rights u er apter 384, Division IV of the State Code regarding competitive bidding, inclu . g the uthority to reject all bids. Action by Iowa City to authorize the award of th contract s all be contingent on Developer's compliance with its responsibilities pursu nt to Section IV (D)( 1) and (2) and (F)(3) hereof, including the execution of a mortga securing its rep yment obligations. 3. Assurances f Financin . Prior to award of the contract, each City shall take such actions as e necessary, and can b completed at that stage of the process, to assure its ability 0 finance its share of the co s. Each City should certify to the other: a. I method of payment, describin the amount and types of financing, ncluding provisions for overrun costs. That it has taken legal actions required t authorize the sale and issuance of any financing contemplated. That it has received reasonable assurances its ability to sell or place such financing, furnishing copies of such assuran or supporting confirmation from the respective independent financial advis s. d. If each city determines that the other city's ancial assurances are acceptable, it shall take action to authorize the roject to proceed to advertisement for bids. 4. Payment of Invoices and Reimbursement to Coralville. Coralville will act as the lead agency for the project and will supervise construction. Upon presentment of an invoice for construction costs, Coralville shall review the same at its regularly scheduled City Council meeting and shall make payment in the ordinary course upon approval by 3 Coralville. After payment, Coralville shall present an invoice to Iowa City for the costs of construction allocated to Iowa City in accordance with this agreement. Said invoice shall separately identify costs attributable to Division 1, costs attributed to 15% of Division 2 and costs attributable to 56% of 70% of Division 2 (Developer's costs within Iowa City that Iowa City is financing pursuant to section F(3) of this agreement). Iowa City will reimburse Coralville. within 30 days of Iowa City's receipt of such an invoice. 5. A roval 0 Chan e Orders. Iowa City shall not be charged for construction costs resulting from a change order unless the change order has been approved by the Iowa City Public Wo s Director or his designee. If the change order results in charges that will be allocated t Developer, Developer must also appröve the change order. F. Financial Responsibility for onstruction Costs. 1. Allocation of Costs. The arties will be re onsible for the costs of construction as follows: a. b. c. d 100% of Division 3. d. Costs of construction s all be allo ated to a Division based on the location of the work with the e eption of co ts for items listed on lines 1, 2, 3, 9, 10, 15, 57, 64, 65 an 66 of Exhibit A attached hereto, and engineering services, which sh be allocated 30° to Division 1, 65% to Division 2 and 5% to Division 3. e. All costs attrib table to construction of t detention pond (Division 2A on attached Exh' it A) are the responsibility 0 the Developer and shall not be borne by th cities. 2. a. Deve per shall enter into a Petition and Waiver Agreement with Cor vi lie in a form acceptable to the City an its bond counsel. Said agr ement will specifically identify which pro erty/parcels owned by De eloper that will be assessed for the costs of the project within Co alville. Prior to letting the project, Developer s II have executed the P ition and Waiver Agreement. b. Coralville will sell bonds/notes to cover both Coralville and Developer's share of the road within Coralville, including all e ineering costs. Developer shall reimburse Coralville in accordance with ~e terms of the Petition and Waiver Agreement. 4 c. In connection with the Petition and Waiver Agreement, any lienholders on the development property shall subordinate their interests in the development property to the terms of the Petition and Waiver Agreement. 3. Developer's Costs Within Iowa Citv. a. eveloper shall pay interest at the rate of four percent (4%) on all amounts p 'd by Iowa City on Developer's behalf for engineering design services pur ant to the parties' earlier 28E Agreement from the date of Iowa City's paym nt until Iowa City's sale of bonds to fi 'nce the project. Said interest shall b aid by Developer within 30 days notice by Iowa City that it has sold said onds. b. Iowa City wi sell bonds to cover bot Iowa City's and Developer's share of the costs of nstruction within 10 a City. 56% of Developer's share of Division 2 will b financed by Iowa ity. Developer shall reimburse Iowa City for all actual co ts of Develop r's share, as follows. Annually, on the anniversary of the ond sale, D veloper will pay interest on its share at the rate of 4% or the int rest on t bonds, whichever is greater. The principal will be paid back on a er acr basis within 30 days following adoption by the City Council of a resoluf n a proving a final plat. The development property is that portion of the 46 res of "Clear Creek" land, as identified in the parties' Memorandum of nderstanding, that lies within Iowa City after annexation as contemplat in section C of this Agreement, excluding the property owned by Beverl H on. The Developer's promise to pay interest and principal will be set orth a promissory note given to Iowa City and secured by a mortgage n said evelopment property. The mortgage will be partially released as p yments 0 principal are made. The principal will be due in full without reg rd to devel ment 10 years after final acceptance of the project. The City' mortgage will e senior to all other liens. c. Prior to award of th contract Develope shall provide evidence satisfactory to Iowa City that it ha title to all developm nt property free and clear of all liens or, if liens do exi , agreements by the Ii nholders that they will subordinate their interests to wa City's mortgage. d. Developer execute said note and prior to award of the contract. e. Iowa City's greements hereunder are made ply with respect to Camp Cardinal Ro d and water main and storm sewer in.frastructure as set forth in the plans ~ epared by Snyder and Associates and not with respect to any other infra tructure such as construction of the detention pond detailed as Division fA. on Exhibit A attached hereto, sanitary sewer extensions and extensions of any other public or private utilities such as gas, electric and telecommunications. All existing tap-on fees remain in effect. 4. Developer may, from time to time, undertake certain construction activities related to the project, which activities may take place upon the property of Developer 5 exclusively, or may occur upon right-of-way owned by either Iowa City, Coralville, or upon both. If such construction activity is approved in advance by the cities in writing, Developer shall be reimbursed upon acceptance of the work by Coralville pursuant to Section IV (E)(4) hereof. Iowa City will not approve construction activity unless it is consistent with the public bidding requirements of Iowa law as determined by Iowa City. Developer shall be reimbursed only for out-of-pocket costs paid to third party contractors and not for construction activities or services provided by Developer or a related party. Amounts reimbursed to Developer shall be a ost of construction and recovered according to . e formula and mechanism set out a ove. G. Filing. The City erk of Coralville shall file t s agreement with the Secretary of State and record this agreem nt in the Office of the hnson County Recorder as required by §28E.8 of the Code of low (2003). Dated this day of ,2004. fwJkBy . II - II-V'/.. City Attorney's Office CITY OF CORALVILLE CITY OF IOWA CITY Jim L Fausett, Mayor Ernest W. Lehman, Mayor ATTEST: Nancy J. Beuter, Deputy City Clerk SOUTHGATE Title: Title: Title: Title: \. \ \ 6 SOUTHGATE'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this _ day of , 2004, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Southg te Development Company, Inc., the corporation executing the within and foregoing instrumen , that no seal has been procure by the said corporation; that said instrument was signed on b half of said corporation by auth rity of its Board of Directors; and that the said and , as such fficers acknowledged the execution of said instrument to be the volun ry act and deed of said rporation, by it and by them voluntarily executed. CLEAR CREEK' AC NOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this _ day of , 004, before me, the under igned, a Notary Public in and for the State of Iowa, personally appea d and , to me personally known, who, being by me duly swor or affirmed, did say that they e the and respe tively, of said Clear Creek, L.L. . the limited liability company executing the within and for going instrument and that said instr ent was signed on behalf of said limited liability com any by authority of its managers and that said member(s) acknowledged the executi n of said instrument to be the voluntary ct and deed of said limited liability company, by it and y them voluntarily executed. Notary Public in and for the Sta of Iowa 7 IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) , On this da~ ,2004, before me, the undersigned, a Notary Public in and for the St te of Iowa, personally appeared Ernest W. Lehma and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that t yare the Mayor and City Clerk, respectively, f the City of Iowa City, Iowa; that the seal ffixed to the foregoing instrument is the corporate al of the corporation, and that the instrum t was signed and sealed on behalf of the corporation, y authority of its City Council; and th Ernest W. Lehman and Marian K. Karr acknowledged he execution of the instrument to b their voluntary act and deed and the voluntary act and deed 0 said municipal corporation, by it nd them voluntarily executed. A Notary Publi In and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,2004, before me, the undersigned, a Notary Public in and for the State of low , personally appeared Jim L. Fa sett and Nancy J. Beuter, to me personally known, and who being by me duly sworn, did say at they are the Mayor and City Clerk, respectively, of t City of Coralville, Iowa; that the s I affixed to the foregoing instrument is the corporate se I of the corporation, and that the instrum t was signed and sealed on behalf of the corporation, y authority of its City Council; and that Ji L. Fausett and Nancy J. Beuter acknowledged t execution of the instrument to be their volu ary act and deed and the voluntary act and deed f said municipal corporation, by it and them volu tarilyexecuted. A Notary Public in and for the State f Iowa Eleanor\agt\campcardinaI28E draft 2.doc 8 EXHIBIT "A" ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST CAMP CARDINAL ROAD EXTENSION PROJECT CORALVlLLEIIOWA CITY, IA 10/14/20o.c Bid Ita'" c.sot1pt1on Total Units Unit UnltPrla TotaIPrlctI DIvIsIon 1 Division' Division 2 Division 2 Dlvtslon2A Division 2A Division 3 Division 3 Number Quantity ExtendedP"". Quantity ExtlMlded Pno. Quantity EKWndeclPrlc. QUMtlty EJdltnd_PrI_ IOWA CITY 100% IC 16%180 70%1CRVL 15% SOUTHGATE 100% CORALVILLE 100% , Mobilizoolion , " · 270000 $ 270,000 0.30$ "000 0.65$ 175,500 0' 0.05$ 13500 2 Cle.in andGrubbin 29_6 AC · 4,500 $ 133.200 1.2$ 5.400 19_8$ 69100 7.3$ 32,850 1.3$ 5,850 , Earthworl<; FILL 265,000 CY · 2.25 S 596.250 60,000$ 180,000 172,000$ 387,000 OS 13,000$ 29,250 . Excavalion,CI_13.Channsl '.900 CY · 4.00 S 15,600 O. O. 3,900$ 15,600 O. , Excav2lion CJass 13. Cutoff Trench 1300 CY , 3.00 $ 3,900 O. O. 1300$ 3,900 O. , Excavation Class,3 Pond 138,000 CY · 2_75 S 379.500 O. 42,000$ 115.500 "'000' 264,000 O. 7 Core Out Excava1ion 2,000 CY · ".00 $ '.000 ,. OS 2,000$ '00' ,. , T soil,Stri ,Salva e&$ ead 17,600 CY · 4.00 $ 70,400 5,280$ 21,120 11,440$ 45,760 OS .. 3520 . Seedin IIndF.rtìlization " AC · 2,000 $ 52,000 7.8$ 15,600 16,9$ 33,800 " ,. 2,600 " Granular Backfill 2,000 '" · " . 28,000 "". "'00 1,300$ 16200 OS "" 1400 " Select Cohesive Backfill 2,600 CY · 5.00 $ 13,000 O. OS 2,600$ 13000 ,. " Embankment-in ace 3000 CY · 4.00 $ 12,000 O. 0' '000' 12,00 0' " Draintill,Fin.Grada1ion " CY · " . '" O. 0' ". 0 " " Draintill, Course Gradabon '" CY · 27 . 8,165 O. O. 355$ 8,165 " " Modified Subbase 21600 CY · 27 . 583,200 6500$ 175,500 HOOO $ 376,000 0 1,100$ 29700 " Roadw ,P.C, Concrete 9" 52600 " , .. . 2,006,400 14,000$ 532000 36,000$ 1,368,000 · 2800$ 106,400 " rons,Concrete 15" . EA · 425 $ 3.400 2' ." 2. '" OS " 1700 " rons,Concrete, 18" , EA · 450 $ 1,350 O. 2' 900 OS , , '" " ns,Concrete, 24" 7 EA · 475 $ 3,325 2' '" ,. 2,375 OS " 20 rons, Concrete, 30" , EA · ,,, . '" O. ,. " 0' " ro"" Concrete 36" , EA , 800 $ '00 O. , . 00 " " 22 PerforatedSUbdrain,6" 11,570 LF · 8,00 $ 92560 4120$ 32,960 7000$ 56000 " 450$ 3,600 27 SubdrainCleanout , EA · 800 $ 4,800 2' '."" , 2,400 OS , , '00 " IntakeT RA-40 lOOT 22 EA · 2,500 $ 55,000 O. · 45,000 " " 10,000 " lmakeT RA-43 lOOT .. EA · 3000 $ 132,000 ". "000 " . 93,000 OS , , "" 26 IntakeT RA-El3IDOT , EA · 1,500 $ 1,500 O. , . 1,500 OS " 27 IntakeT RA-70 lOOT EA , 3,500 $ 52500 7' 24,500 ,. 28000 " 0' " Intake, Curb and A ro.-. 2 · 2,000 $ 4,000 ,. OS " 2' 4,000 " Sewer, 20000 Storm 12" " LF " . 1,620 O. 0' ". 1,620 0' " Sewer, 20000 Storm 15" 6128 LF · " . 183,846 1,587$ """ 3,906$ 117,177 " '''' 19,065 " Sawer 20000 Storm, 18" '" LF · " . 17,498 "'. 15258 OS 70' 2,240 " Sewer 20000 Sto.--rn, 24" 2,152 IF , . 83944 · 9,867 1699$ 74057 " 0' .. Sewer, 20000 Storm 30" ", IF , " 6,804 O. 124$ 6,804 " 0' " Sewer, 20000 Storm, 36" .., IF , " . ,109 O. 487$ 33,109 " 0' " Sewer, 20000 Storm 42" " IF · 100 $ , ". "'" O. " 0' " Low Head Pressure Pi ,Class C25, 46" '" IF · 300 $ .. O. 218$ 65400 " OS " Sawer 4.5'x 4,5'Sox Culvert Extension " IF · 2" . '" ". 13,750 0' " 0' .. Schedule Perforat.clPVCPi e 4" '90 IF , 20 . 3,600 ,. 0' TOO' 3,600 OS .. Precast Concrete Manhole, 48" , EA · 2,500 10,000 ,. 10,000 " 0' " PrecalConcreteManhole 60" , EA · . 3,500 , . "'" 0' " 0' " T .M..cManhole , EA · 4,500 $ 4500 O. O. T' "'" OS " Water main Ductile Iron, 12" 5960 IF · " . 209314 5980$ 209,31 0' " 0' " Watermoin,Ouctil.lron 8" '" IF · " . 18,200 "',. """ 0' " OS « MU " EA 1,500 $ 28,500 ". 26,500 OS " 0' " Gate VaIv,and Valve Box, 12" " EA · 1,200 $ H,400 ". 14,"00 " OS .. Gate Valve and Valve Box, 8" , · 1,000 $ 4000 ,. '.000 O. " OS " Water main, 12"x12''x8" Tee , EA · 250 $ 1,000 ,. '000 0' ,. OS .. Water main, 12''x12"x12"T in Tee&VaIv. EA · 1,000 $ 1,000 , . '000 O. " OS " Structural Concrete 22 CY · '''' . 8,840 ,. 0' ~: 8,840 OS " Steel R.inforçement E 0 Coaled ",792 lB · 1.50 $ 7,188 O. O. 7,186 OS " FiUStone '" TN · " . 11250 ,. OS 11250 OS 52 Ri R ,ClastlE "" TN · " . 10,500 ,. 0' 200' '00 OS .. GroutedRi R '" CY · 100 $ 3000 O. O. 'OS " OS '" Erosion Stone '" TN · " . 10,600 00' 2,700 246$ 7,425 " 27' m " Granular Beddin 00 TN · " . 1,500 ,. 0' 00' 1,500 - .. ErosionMettin 250 SY · 2,00 $ '00 ,. O. 250$ '" OS " Plant MateriiM , lS · 11,398 $ 11398 0,30$ 3,419 065$ ,,"' '. 0.05$ '" .. Mulchin " AC · '" . SO" ,. 0' ". 6,000 OS .. T. " Seedin , AC · 1,000 $ 6,000 ,. 0' ,. 6,000 OS " Trash RackAssemb , EA · 3,000 $ 3,000 '. O. ,. 3,000 OS " 12" Sluice Gate , EA · 5,000 $ '000 ,. 0' ,. '000 0$ " Sidewalk, P.C. Concrete 6" HOO SY · " . 195000 2,400$ 60,000 4900$ 122,500 ,. "" 12500 " Tr2lllcSi aiizabon , lS · 110000 $ 110,000 , . 110,000 O. ,. OS " SO , lS · 10,000 $ 10,000 0,30$ '.000 0,65$ '''''' ,. 0,05$ '00 " TrafliçControl , lS · 20,000 $ 20,000 0,30$ '.000 065$ 13,000 '. 0.05$ 1,000 " Ero$ionConb'ol , lS · 65,000 $ 65,000 0,30$ 19,500 065$ 42,250 ,. 0.05$ 3,250 SubTotal $5,723,300 · 1,673,954 · 3,363,133 · 430,643 · 255,510 10% +," Contin $574700 · 168,046 · 336867 · 43357 · 26"30 T'" ",298,000 · 1,842,000 · 3,700,000 · 474,000 · 212,000 Jurisdictional Subtotals Division I Subtotal Division II Subtotal Dlvtslon IIA Subtotal Dlvtslon III Subtotal _C , 2,397,000 $ 1842,000 $ 555000 $ . Coralville , 837000 $ . 555,000 $ , 262000 South .. Develo ment · 3084000 $ . 2590000 $ 474000 $ Snyder & A.ssociatn CCR..costOpinion.xlsov.rail IS-~ Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 04-320 RESOLUTION RECOMMENDING THE AWARD OF A CONTRACT BY THE CITY OF CORALVILLE, IOWA FOR CONSTRUCTION OF THE CAMP CARDINAL ROAD SITE PREPARATION PROJECT, AlKiAl THE CAMP CARDINAL ROAD PRELIMINARY CLEARING PROJECT. WHEREAS, Connolly Construction Inc. of Peosta, Iowa has submitted the lowest responsible bid of $194,980.00 for construction of the above-named project. WHEREAS, the City of Coralville, Iowa will be the contracting authority for the above project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby recommended to be awarded to Connolly Construction Inc., subject to the condition that awardee is deemed qualified by the City of Coralville, Iowa. 2. The City of Coralville, Iowa and/or the Mayor are hereby authorized to sign the contract for construction of the above-named project. Passed and approved this 16th day of November ,20 04 r>2../ ~ ~ IlifA YOR A oved by ~ ATTEST:~) ~ ~~ 'ì 11-/&-0'--/ CIT LERK ity Attorney's Office It was moved by O'Donnell and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/campcardaward.doc 8/04 .-# I ~_.- ADVERTISEMENT FOR BIDS CAMP CARDINAL ROAD SITE PREPARATION PROJECT a.k.a. CAMP CARDINAL ROAD PRELIMINARY CLEARING PROJECT 2004 The Camp Cardinal Road Site Preparation Project is a joint project involving both the City of Coralville and the City of Iowa City. Sealed proposals will be received by the City Clerk of the City of Coralville, Iowa, until 2:00 PM, November 9, 2004, and opened immediately thereafter by the Coralville City Engineer. The City Council for Iowa City will consider and make a recommendation on said proposals at a meeting to be held in Emma J. Harvat Hall City Hall Iowa City Iowa on November 16, 2004 or at such later time and place as may be scheduled. Proposals will be acted upon by the City Council for Coralville at a meeting to be held in the Coralville Council Chambers at 7:00 PM on November 9, 2004 or at such later time and place as may then be fixed. The work will involve the following: tree clearing and erosion control and all other work as included in the plans and specifications. All work is to be done in strict compliance with plans and specifications prepared by Snyder & Associates, Inc., which have heretofore been approved by the Coralville City Council and the City Council for Iowa City and are on file for public examination in the City Clerks' offices. Whenever reference is made to the "Standard Specifications," it shall be the "Standard Specifications for the Series of 2001 Highway and Bridge Construction" of the Iowa Department of Transportation, as modified. Each proposal shall be completed on a form furnished by the City of Coralville and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security; (1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10% of the bid, (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the Treasurer of the City of Coralville, Iowa, and shall be forfeited to the City of Coralville as liquidated damages in the event the successful bidder fails to enter into a bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of the bids is completed and reported to the Coralville City Council. The City of Coralville will issue a sales tax exemption certificate for all materials purchased on the project. The City of Coralville will issue the appropriate tax exemption certificates and authorization letters to the Contractor and all subcontractors completing work on the project. Tax exemption certificates are AB-l applicable only for the specific project for which the tax exemption certificate is issued. Contractor shall provide a listing to the City of Coralville identifying all appropriate subcontractors qualified for use of the tax exemption certificate. Contractor and subcontractors may make copies of the certificate and provide to each supplier providing construction material a copy of the tax exemption certificate. Payment to the Contractor will be made as specified in the "Standard Specifications" Section 1109. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the Coralville City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City of Coralville from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one year from and after its completion and acceptance by the City of Coralville. The following limitations shall apply to this project: Starting Date: December 1,2004 Substantial Completion By: March 30, 2005 Liquidation Damages: $500/day The plans, specifications and proposed contract documents may be examined at the office of the Coralville City Clerk or the City Clerk of Iowa City. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Snyder & Associates, Inc., 5005 Bowling Street SW, Cedar Rapids, Iowa 52404, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Coralville desires to employ minority contractors and subcontractors on City projects. The Coralville City Council reserves the right to reject any and all bids, to waive technicalities or irregularities and to enter into such contract as it shall deem to be to the best interests of the City. The City Council for Iowa City also reserves the right to reject any and all bids. The Coralville City Council reserves the right to defer acceptance of any proposal for a period not to exceed thirty (30) calendar days from the date of receiving bids. The Contractor awarded the contract shall submit, before starting construction, a list of proposed subcontractors along with quantities, unit prices and dollar amounts that each subcontractor will perform. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the City Engineer's Office. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. Published upon order of the City Council of Coralville, Iowa and the City Council for Iowa City, Iowa.. Marian Karr, City Clerk for Iowa City AB-2 ~ Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319 RESOLUTION NO. RESOLUTIO RECOMMENDING THE AWARD OF A CONTRACT Bf THE CITY OF CORALVIL ,IOWA FOR CONSTRUCTION OF THE Cr CARDINAL ROAD SITE PR RATION PROJECT, AlKiAl THE CAMP CA INAL ROAD PRELIMINARY CL RING PROJECT. WHEREAS, of has ¡ submitted the lowest responsible bid of $ fo construction of the above-named p ject. WHEREAS, the City of Coralville, Iowa ill be the contracting author' y for the above project. NOW, THEREFORE, BE IT RESOLVE BY THE CITY COU CIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the be awarded to awardee is deemed qualified by the City of 2. The City of Coralville, Iowa and/or the Mayor r hereby authorized to sign the contract for construction of the above-named project. Passed and approved this ,20 MAYOR ATTEST: CITY CLERK It was moved by and seconded by the Resolution be adopted, and upo NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwengJres/campcardaward.doc 8/04 ~ II ' (' Christian Retirement, Oaknoll,444549-5, Amended Proc Auth Issuance IC,4843-5346-9440\2 PROCEEDINGS AMENDING RESOLUTION NO. 04-222: AUTHORIZATION AND ISSUANCE PROCEEDINGS Iowa City, Iowa November 16, 2004 The City Council of Iowa City, Iowa, met in regular session on November 16, 2004, at 7:00 p.m., at City Hall in Iowa City, Iowa. The meeting was called to order by the Mayor and the roll being called, there were present the Mayor and the following named Council Members: Present: Bailey. Champion. Elliott. Lehman. O'Donnell, Vanderhoef, Wilburn Absent: None * * * Other Business * * * The City Council took up for consideration the issuance of Senior Housing Facilities Revenue Bonds (Oaknoll Project), pursuant to Chapter 419 of the Code ofIowa in an aggregate principal amount not to exceed $7,000,000 and the amendment to Resolution No. 04-222. Council Member Wilhllrn introduced the following resolution and moved its adoption, seconded by Council Member Champion ; and after due consideration thereof by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Vanrtprhopf, Wilhllrn,Railpy, r.hampion, Flliott, Lehman, O'Donnell Nays: None Whereupon, the Mayor declared said motion duly carried and the resolution adopted as follows: - 1 - Christian Retirement, Oaknoll,444549-5, Amended Proc Auth Issuance IC,4843-5346-9440\2 RESOLUTION 04-321 RESOLUTION AMENDING RESOLUTION NO. 04-222, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BOND OF THE CITY OF IOWA CITY, lOW A, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REP A YMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PAR TICIP A TION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code ofIowa, 2003, as amended (the "Act") to issue revenue bonds or notes for a project located within or within eight miles of the Issuer for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any facility for an organization described in Section 501(c)(3) of the Internal Revenue Code (the "Code") which is exempt ttom federal income tax under Section 501(a) of the Code (a "Tax Exempt Organization"), and to refund any bonds issued pursuant to the Act; and WHEREAS, the Issuer has been previously requested by Christian Retirement Services, Inc. (the "Borrower") to issue its Senior Housing Facilities Revenue Bond (Oaknoll Project), Series 2004A in an aggregate principal amount of $4,000,000 (the "Series 2004A Bond") and its Senior Housing Facilities Revenue Bond (Oaknoll Project), Series 2005A in an aggregate principal amount not to exceed $3,000,000 (the "Series 2005A Bond" and, together with the Series 2004A Bond, the "Bonds") pursuant to the Act to provide a portion of the financing for (1) the construction, renovation, expansion, equipping and furnishing of the facilities of the Borrower including (i) approximately fifty-two (52) independent living apartments, (ii) several resident common areas and service areas including the main entrance and lobby, the main dining room, the kitchen, administrative offices, the exercise room, and the beauty shop, (iii) a swimming and therapy pool, and (iv) fully enclosed parking and the renovation of surface-level parking to multi-level parking, and related improvements thereto, all located on the Borrower's campus on the north side of Benton Street between George Street and vacated Benton Court in Iowa City, Iowa (the "Project"), and (2) paying for costs of issuance pursuant to the Act; and -2- Christian Retirement, Oaknoll,444549-5, Amended Proc Auth Issuance IC,4843-5346-9440\2 WHEREAS, on August 3, 2004, the Issuer authorized and approved Resolution 04-222 authorizing and approving the issuance of the Bonds, and the execution and delivery of necessary documents related to the issuance of the Bonds; WHEREAS, due to a change in circumstances relating to the marketing of the Bonds, the Borrower has requested that the Issuer only issue the Series 2004A Bond in an aggregate amount not to exceed $7,000,000, and that the Issuer not issue the Series 2005A Bond; WHEREAS, the Issuer finds it necessary to amend Resolution No. 04-222 to provide for the authorization and issuance of the Series 2004A Bond in an aggregate principal amount not to exceed $7,000,000 and to remove the references to the Series 2005A Bond; NOW, THEREFORE, IT IS RESOLVED by the City Council of the Issuer, as follows: Section 1. In order to finance a portion of the costs of the Project and pay certain costs of issuance associated thereto, the Series 2004A Bond, in an aggregate principal amount of not to exceed $7,000,000, is hereby authorized and ordered to be issued by the Issuer in substantially the form as has been presented to and considered by this Council on August 3, 2004 and containing substantially the terms and provisions set forth therein. Resolution No. 04-222 is hereby amended to reflect the change in the aggregate principal amount of the Series 2004A Bond. Section 2. Resolution No, 04-222 is hereby amended to delete references to the Series 2005A Bond, as the issuance of the Series 2005A Bond is not necessary to finance the Project based upon the increase in the aggregate principal amount of the Series 2004A Bond. Section 3, All references to "Bonds" in Resolution No, 04-222 are hereby amended to refer only to the Series 2004A Bond. Section 4. All other provisions of Resolution No. 04-222, including the authorization and approval of the Series 2004A Bond, the Loan Agreement (as defined in Resolution No, 04- 222) and the Servicing Agreement (as defined in Resolution No. 04-222) remain in full force and effect. The Mayor and the City Clerk are authorized and directed to execute and deliver all documents which may be required under the terms of the Loan Agreement, Servicing Agreement, the Series 2004A Bond or by Bond Counselor Issuer's Counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. - 3 - Christian Retirement, Oaknoll,444549-5, Amended Proc Auth Issuance IC,4843-5346-9440\2 Section 5. In Resolution 04-222, the Issuer designated the Series 2004A Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Code. The Issuer hereby reaffirms this designation of the Series 2004A Bond in the principal amount of not to exceed $7,000,000, and hereby makes the following factual statements and representations: (A) The Issuer hereby designates the Series 2004A Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Code; (B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b )(3)( c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2004 will not exceed $10,000,000; and (C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2004 (including the Series 2004A Bond) have been designated for purposes of Section 265(b )(3) of the Code. The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph, Section 6. In Resolution 04-222, the Issuer designated the Series 2005A Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Code for calendar year 2005. Because the Series 2005A Bond will not be issued, the designation in paragraph 8 of Resolution 04-222 is hereby rescinded. Section 7. That the provisions of this Resolution are hereby declared to be separable and if any action, phrase or provision shall for any reason by declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 8. All resolutions or parts thereof in conflict herewith are repealed, to the extent of such conflict. Section 9. That this Resolution shall become effective immediately upon its passage and approval. - 4- Christian Retirement, Oaknol1,444549-S, Amended Proc Auth Issuance IC,4843-5346-9440\2 Passed and approved November 16, 2004, CITY OF IOWA CITY, lOW A _PM ~ -- Mayor Attest: ~~ ~- ~~ City erk * * * Other Business * * * On motion and vote, the meeting adjourned. - 5 - Christian Retirement, Oaknoll,444549-5, Amended Proc Auth Issuance IC,4843-5346-9440\2 STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF IOWA CITY I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting designee of the City Clerk of the aforementioned City and that as such I have in my possession, or have access to, the complete corporate records of said City and of this Council and its officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of the all the corporate records in relation to the adoption of a Resolution amending Resolution No. 04-222 and authorizing the issuance and sale of a Senior Housing Facilities Revenue Bond in an aggregate principal amount not to exceed $7,000,000, WITNESS my hand and the corporate seal of said City hereto affixed this 19.... day of November, 2004. ~~~~ ~ City (Seal) - 6 -