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HomeMy WebLinkAbout2005-01-18 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-17 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Sheraton Iowa City - 210 S. Dubuque Street Passed and approved this 18th day of January ,20 05 ATTEST: ~,,~..~ ~('/..,~¢.,,t~ Ci¢y ¢At~or~'e~'sZOff~e tZ./~/¢_.% It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion EIliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 05-18 RESOLUTION SE'II'lNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1st day of February, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, special provisions, form of contract and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Engineer for public inspection. Passed and approved this 18th dayof ,lanuary ,20 05 · MAYOR A'Iq-EST: ~'~'~,~,~.~ ;~". ~ CITY'CLERK ' ~" - CityA~rney's Office /..e. ,~ It was moved by Vand~rhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Pweng/res/moromextsetph.doc 1/05 Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-19 RESOLUTION OF INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING, AND SETTING A PUBLIC HEARING FOR FEBRUARY 1, 2005. WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, In June of 2002, the City Council approved a Real Estate Contract - Installments pursuant to which the City is selling Unit 1-C of the Tower Place & Parking condominium regime to United Action for Youth (UAY) for a total price of $500,000; and WHEREAS, pursuant to the contract UAY paid $225,000 of the purchase price in August of 2002 at the time of closing, and the contract the contract currently provides for payment of the $275,000 balance of the purchase price in installments of $100,000 on or before December 1, 2004, and $175,000 on or before December 1, 2005.; and WHEREAS, UAY has requested that the contract be amended to allow them to pay the balance of the pumhase price in installments of $25,000 by March 1, 2005, $125,000 at the end of 2005 and $125,000 at the end of 2006, as set forth in the amendment attached hereto. 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 approve the attached amendment to the purchase agreement between the City of Iowa City and United Action for Youth for Unit 1- C in Tower Place and Parking and to dispose of said property in accordance with that agreement as amended. 2. A public hearing on said proposed agreement should be and is hereby set for February 1, 2005, at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 18th day of January ,20 05 . Approved by CI'r%CLERK City ;Att~rr~ey's (:]tffice Resolution No. 05-19 Page 2 It was moved by Vanden'hoer and seconded by 0' DQnne'l '1 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: Mitchel T. Behr, Asst. City Atlomey, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 THIRD AMENDMENT TO REAL ESTATE CONTRACT- INSTALLMENTS WHEREAS, the City of Iowa City ("Sellers") and United Action for Youth ("Buyers") executed a REAL ESTATE CONTRACT - INSTALLMENTS for the sale of Unit lC, Tower Place & Parking, as legally described therein, dated May 11, 2002, which is recorded at Book 3343, Page 137 of the records of the Johnson County Recorder, and modified by amendments recorded at Book 3357, Page 352, and Book 3785, Page 298 of the records of the Johnson County Recorder; and WHEREAS, Buyers and Sellers wish to further amend said REAL ESTATE CONTRACT - INSTALLMENTS to modify the provisions thereof relating to payment of the purchase price and "finish work" to completed on the property by Buyers, as agreed to and understood by the parties. FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the above-referenced contract is hereby further amended as follows: 1. Paragraph l(b) of the contract as amended is deleted in its entirety and replaced with the following: "BALANCE OF PURCHASE PRICE. $275,000.00 as follows: $25,000.00 on or before March 1, 2005; $125,000 on or before December 31, 2005, and; $125,000 on or before December 31, 2006." 2. Paragraph 1 in the Addendum to the contract as amended is deleted in its entirety and replaced with the following: "On or before March 1,2005, Buyer will complete finish work upon the property having a market cost in excess of $100,000.00." UNITED ACTION FOR YOUTH CITY OF IOWA CITY B~/~ swair~, EJ(ecutive Director By: Ernest Lehman, Mayor By: Don C~__.~tensen, By: Marian K. Karr, City Clerk Chairman of Board of Directors STATE OF IOWA ) )SS: JOHNgON COUNTY ) On this ~ before me, the undersigned, a Notary Public in and for the State ~f~lowa, personally appeared Jim Swaim and Don Camtensen to me personally known, who, being by me duly sworn, did say that they are the Executive Director and Chairman of Board of Directors, respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Jim Swaim and Don Camtensen acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it, by them voluntarily executed. *~J~l~..~ ~ ~o..mmission Nut, gL:er224157 J .~ uomm. Exp. z~'~..) No,~i'ry Public in and for the State of Iowa. STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this __ day of ,2005, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa U.A.Y, · United Action for Youth · 410 Iowa Avenue · P.O. Box 892 · Iowa City, Iowa 52244 · 319-338-7518 December 27, 2004 Stephen Atkins City Manager City of Iowa City 410 Washington Street Iowa City, IA 52240 Dear Stephen, United Action for Youth is proceeding on getting the new Youth Center open in the Tower Place parking ramp, at 355 Iowa Avenue. We hope to open the new space in March of the coming year. As we discussed last week, I have requested an adjustment in UAY's payment schedule to the City of Iowa City. Our finish costs for the space are estimated at almost $200,000, nearly half of which is the HV/AC system. I have included our current building costs as organized by McComas Lacina Construction. They are providing oversight of this project as an in-kind donation. Several contractors are offering their work at-cost or at reduced costs or as additional in-kind donations and John Balmer/Plumbers Supply is donating several of the plumbing fixtures. As I mentioned, we have over $110,000 in private funds raised and deposited in our building fund at Iowa State Bank and approximately $40,000 in pledges. As per our conversation last week, UAY respectfully requests that we pay $25,000 to the City of Iowa City now and pay the additional balance in $125,000 payments at the end of 2005 and 2006. I remain optimistic that the UAY board will be successful in its private fundraising and can meet this obligation with the extended time frame. Thank you for your consideration. YCurs trul~ ~~r Cc: Linda Severson, JCCOG Human Services Coordinator 'S C,'~ U'V ~ Don Carstensen, UAY Board Chairperson , Lars Anderson, UAY Board Treasurer [}EC 2 8 2004. McComas-Lacina Const, Spreadsheet Report U A for Youth 5/2/03 ~ ,/3~,)3:35 PM Sub Sub Total Description Amount Name Amount GENERAL REQUIREMENTS -_ Current Cleanup Rent Dumpster Tools_ & Eq~!pment R~ugh Hardware CONCRETE Concrete Items Misc Concrete items Remove Concrete Misc Concrete Items METALS Misc: Misc Metals f track WOOD & PLASTICS Millwork F'~ (~ ~ 0 ~ r~ Base Cabinets --stJmate wa, Cebinets Es,mate r,' ~ ',' ,' 2004 )ands THERMAL & MC Joint Sealants Joint Sealants Estimate DOORS & WINDOWS Doors: Steel with Frames it frames FINISHES iWB: Wall Board Systems Wallboard Subcontractor Ceiling: Suspended g Tile Subcontractor Harger Estimate Resilient Tile Floor Red{ Vin Estimate :loor Resil Base 4" Estimate Flooring Carpet )et Commercial 28oz Estimate Painting: Ir rior , Paint interior Corn ~lete Estimate SPECIALTIES : i "' Toilet Padition Metal Toilet PaKitions Johnson Fbo ~xtin~uishers McComas-Lacina Const. Spreadsheet Report Page 2A · UA for Youth 5/2/03 11/30/2004 3:3~ PM Sub Sub Total Description / Amount / Name Amount M~s?_mo~le_t!B.at~h Equi~ Toilet Accessories MECHANICAL Sprinkler ~ ;'~; '~:,. Electrical (Lump Sum) Precision ~'~1 ~'1 ~) Estimate Totals Labor 11,938 375.500 hrs Matedal 21,308 Subcontract 1~:2,9~ 182,924 Fee 9,1~ .~0~ T Total ¢92,452 Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-20 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'FI'EST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 34'16 SHAMROCK DRIVE, IOWA CITY, IOWA. WHEREAS, on April 16, 1998, the owner executed a Mortgage for Housing Rehabilitation; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 3416 Shamrock Drive, Iowa City, Iowa from a Mortgage recorded June 17, 1998, Book 2512, Page 277 through Page 281 of the Johnson County Recorder's Office. Passed and approved this 18th day of January ,20 05 Approved by ClTY~LERK City Attorney's Office It was moved by Vanderhoef and seconded by 0'Donne] ] 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 ppdrehab/res/3416shamrockdr.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 3416 Shamrock Drive, Iowa City, Iowa, and legally described as follows: Commencing at the northwest corner of lot 448 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 36, Plat Records of Johnson County, Iowa, thence easterly along the north line of said lot, 58.37 feet, thence southerly to a point on the south line of said lot, which point is 44.50 easterly from the southwest corner of said lot, thence westerly along the south lines of Lots 448 and 449. 60 feet, thence northerly to a point on the north line of said Lot 449, which point is 27.23 feet westerly from the northeast corner of said Lot 449, thence easterly 27.23 feet to the place of beginning. from an obligation of the owner, Jerry W. Bush, to the City of Iowa City represented by a Mortgage recorded June 17, 1998, Book 2512, Page 277 through Page 281 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CIT'~CLERK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this [ ~ day of ~-,,~t~u~,y , A.D. 20 ~,~ , before me, the under- signed, a Notary Public in and for s~id County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o~-.,~ , adopted by the City Council on the / ~' day -~ ~x.~f~, ,20 0,5 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. io~,,~ e.~ SoNDRAE FORT I~ I ~l Commission Number 159791 I'~- '~ My Commission Expires Notary Public in and for Johnson County, Iowa ppdrehab\3416sharnrockrel.doc Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 05-21 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1400 BROOKWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, on August 28, 2001, the owners executed three Mortgages for Housing Rehabilitation; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to do a release of these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the properly located at 1400 Brookwood Drive, Iowa City, Iowa from three Mortgages recorded January 3, 2002, Book 3202, Page 276 through Page 280; and Book 3202, Page 281 through Page 285; and Book 3202, Page 286 through Page 292 of the Johnson County Recorder's Office. Passed and approved this l gth day of ,lanuary ,20 05 . Approved by CITY bLERK City Attorney's Office It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman × O'Donnell X Vanderhoef X Wilburn ppdrehab/res/1400brookwood.doc Prepared by: Liz Osborne, CD Division. 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 1400 Brookwood Drive, Iowa City, Iowa, and legally described as follows: Lot 13 in Mark Twain South Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 6, Page 70, Plat Records of Johnson County, Iowa from an obligation of the owners, Akwasi A. Boateng and Ophelia G. Boateng, to the City of Iowa City represented by three Mortgages recorded January 3, 2002, Book 3202, Page 276through Page 280; and Book 3202, Page 281 through Page 285; and Book 3202, Page 286 through Page 292 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby being partially released from any liens or clouds upon title to the above properly by reason of said prior recorded document. MAYOR Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ! ~ day of '-'~-~ u. zxl~v , A.D. 20 o_.~ , before me, the undersigned, a Notary Public in and for said County,~n said State, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o~--,?1 , adopted by the City Council on the loc day "~'~,~,, 20 o':; and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/1400brookwood-reLdoc Notary Public in and for Johnson County, Iowa l'0,,1~,~~ I SONORAE FORT 1 I °" "¢lComm ss'on Number ~5979d ~'~_'J My Commission Expires I L~o~A-' I ~,- 7- o& I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 05-22 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 613 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on June 4, 1993, the owner executed an Agreement for Rental Rehabilitation; and WHEREAS, on March 28, 1995, the owner executed a Promissory Note; and WHEREAS, on April 10, 1995, the owner executed a Mortgage; and WHEREAS, the terms of the liens have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 613 Ronalds Street, Iowa City, Iowa from an Agreement recorded June 9, 1993, Book 1557, Page 317 through Page 322, and a Promissory Note recorded Ap~ril 18, 1995, Book 1890, Page 54 through Page 56, and a Mortgage recorded April 18, 1995, Book 1890, Page 57 through Page 61 of the Johnson County Recorder's Office. Passed and approved this 18th day of Januar.y ,20 05 CITY'CLERK City Attomey's Office It was moved by Vanden'hoer and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/613ronalds-rel.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIENS The City of Iowa City does hereby release the property at 613 Ronalds Street, Iowa City, Iowa, and legally described as follows: The West 44.43 feet of Lot Three (3) in Block Thirty-one (31) in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owner, Donna O'Brien, to the City of Iowa City represented by an Agreement recorded June 9, 1993, Book 1557, Page 317 through Page 322, a Promissory Note recorded April 18, 1995, Book 1890, Page 54 through Page 56, and a Mortgage recorded April 18, 1995, Book 1890, Page 57 through Page 61 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said arior recorded document. Approved by CI'TY"CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I ~ day of ,,.t'~,~u~v A.D. 20 0~ , before me, the undersigned, a Notary Public in and for said County(', in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. O,~-,=;~- , adopted by the City Council on the /~= day ~. 20 b-~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab/613ronalds-reLdoc o~,,~ ~, SONDRAE FORT I ]z ~' '¢-I Commission Number 159791 ~ I' ~ '1 My Commission Expires I I '~c-I ~ ~ ~'-o~ I Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 05-23 RESOLUTION ACCEPTING THE WORK FOR THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Willow Creek Interceptor and Lateral Sewers Project, as included in a contract between the City of Iowa City and Kenko, Inc. of Minneapolis, Minnesota, dated April 29, 1998, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $7,578,903.89. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ].Sth day of ~lanuar.y ,20 05 Approved by C~IT'f"~LI~R K ' C~ ~ttorney'~ Office~ It was moved by Vande~'hoef and seconded by 0' Donne'l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwe ng/res/acptwrk-wi~lowcreek-int e rceptor.doc Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 05-24 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE NATIONAL GUARD SITE, 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 Johnson County Secondary Roads Department: Sanitary sewer improvements for the National Guard Site, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ].Sth day of January ,20 05 MAYOR Approved by CITY"CLERK City Attorney's Office It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng/res/natlguard-SS.doc ENGINEER'S REPORT CITY OF I0 WA CITY January 10,2005 Honorable Mayor and City Council Iowa City, IA Re: National Guard Site Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for the National Guard Site has been completed in substantial accordance with the plans and specifications of the Johnson County Secondary Roads Department of Johnson County, Iowa. The required maintenance bond is on file in the City Clerk's office for the sanitary sewer improvements by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/ltrs/natlgua rd-SS-engrpt.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-25 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PINE RIDGE ADDITION. 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 improvements for Pine Ridge Addition, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bond has been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of ,January ,20 05 MAYOR ATTEST:c~ 7~-~ Ap~ ' - C~ty Attorney~ Office It was moved by Vanderhoef and seconded by O' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman × O'Donnell X Vanderhoef X Wilburn CI-IW OF IOWA CIIY 410 £ast Washington Street Iowa City. Iowa 52240-1826 {319) 356-5000 {319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT Januaw 6,2005 Honorable Mayor and City Council Iowa City, Iowa Re: Pine Ridge Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Pine Ridge Addition has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office for the sanitary sewer improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng~letters'twllage gr xix.doc Prepared by Steve Long, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5250 RESOLUTION NO. 05-26 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF REAL ESTATE MORTGAGE FOR THE PROPERTY LOCATED AT LOT 20 LONGFELLOW MANOR, IOWA CITY, IOWA. WHEREAS, on March 14, 2003, the owner executed the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership Funds that provided a grant from the City in the amount of $220,000 that is secured by a mortgage; and WHEREAS, the 2003 Agreement, as amended, was for the acquisition of nine lots for affordable rental and owner-occupied housing; and WHEREAS, Greater Iowa City Housing Fellowship constructed two homes on lot 20, Longfellow Manor, to be sold to income eligible homebuyers; WHEREAS, the homes are ready to be sold, and the lenders for the buyers requested that the mortgage be released on lot 20 since the HOME funds were awarded as a grant; WHEREAS, Greater Iowa City Housing Fellowship signed an agreement to ensure that the property is affordable to Iow-moderate income households for minimum of 20 years; and WHEREAS, it is the City of Iowa City's responsibility to partially release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Real Estate Mortgage for recordation, whereby the City does release the property located at Lot 20 Longfellow Manor, Iowa City, Iowa from the mortgage dated March 17, 2003, and recorded on March 18, 2003 in Book 3502, Page 188, of the Johnson County Recorder's Office. Passed and approved this 18th. day of Januar,¥ ,2005. ATTEST: Approved by Cler~'- City's Attorney Office ppdcd bg~res\gichflot20.doc Resolution No. 05-26 Page 2 It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, does hereby acknowledge that the following described real estate situated in Johnson County, Iowa, to wit: Lot 20, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa, is hereby released from the lien of the real estate mortgage, executed by the Greater Iowa City Housing Fellowship, dated March 17, 2003, and recorded in the records of the Office of the Recorder of Johnson County, State of Iowa, in Book 3502, Page 188, specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated this 18th day of danuar¥ ,2005. CITY OF IOWA CITY, IOWA, A Munici,~)Corporation Ernest W. Lehman, Mayor ' Igrarian K. Kerr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this / ~ day of ~'~,M ~ ,2005, before me, the undersigned, a Notary Public in and for said County and State, personally appedred Ernest W. Lehman and Marian K. Kerr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kerr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. [g't~lCommission Number 1597911 Notary Public in and for the State oflowa I'~'l My Commission Expires [ Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 05-27 RESOLUTION APPROVING EXTERIOR FACADE IMPROVEMENTS AND SlGNAGE ON THE CLINTON STREET FRONTAGE OF OLD CAPITOL TOWN CENTER BE'I'VVEEN COLLEGE AND WASHINGTON STREETS. WHEREAS, the applicant, Hodge Construction, has filed an application for the design approval of exterior facade improvements on the Clinton Street frontage of Old Capitol Town Center, which includes a new storefront at the former JCPenney space, a new entry and signage for "The Gazette," and new signage for "China Star," 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 exterior fa(;ade improvements and signage on the Clinton Street frontage of Old Capitol Town Center 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 lg~h day of ,lanlJary ,2005. "I~AYOR Approved by CITY'CLERK "d1{y'A~t~)r n ~y's ~:fffice Resolution No. 05-27 Page 2 It was moved by Vanderhoef and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn OLD CAPITOL MALL SOUTHEAST CORNER NEUMANN MONSON ()1 D (iAI~II()I MAI I - I~x\R] IAI [!~,Sq ELEVATI()N NIl J~X, IAN N II i :;/ WALL SECTION 3/8" = 1'-0" NEUMANN MONSON ARCHITECTS Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 05-28 RESOLUTION APPROVING THE DESIGN OF THE SIGNAGE FOR "OSCO DRUG" ON OLD CAPITOL TOWN CENTER AT 201 S. CLINTON STREET. WHEREAS, the applicant, Nesper Signs, has filed an application for the design approval of exterior signs for "OSCO Drug" 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 Inspection 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 "Osco Drug" 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 18th day of January 2005 MAYOR Approved by ATTEST: ~/¢~.2 K ~7~ ~--~-~/~~-~ !//~5'- CI-I~ CLERK - City Attorney's Office Resolution No. 05-28 Page 2 It was moved by Vanderh0ef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn CHESTER J. CULVER ~~~ LUCAS BUILDING, FIRST FLOOR IOWA SECRETARY OF STATE ~ DES MOINES, IOWA 50319 October 4, 2005 Marian Karr City Clerk, Iowa City 410 East Washington St. Iowa City, IA 52240-1826 RE: City of Iowa City Resolution No. 05-29 - Voluntary Severance Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to this voluntary severance of territory from the City of Iowa City have been reviewed by this office and comply with the requirements of Iowa Code section 368.8. You may consider the severance filed. Sincerely, Chester J. Culver Secretary of State ~ '<'~ '"' "7"/ (515) 251-5204 F,x× (515) 242-5953 www.sos.$tate.ia.us Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 05-29 RESOLUTION SEVERING APPROXIMATELY 194 ACRES OF TERRITORY FROM THE CORPORATE LIMITS OF THE CITY OF IOWA CITY, IOWA WHEREAS, there is approximately 194 acres of territory in northwest Iowa City that is not within the watershed that can be served by Iowa City with a gravity flow sanitary sewer system; and WHEREAS, this 194-acre area is within the Clear Creek watershed, and can better be integrated into the Coralville sanitary sewer system; and WHEREAS, in May 2002, the Iowa City City Council adopted by Resolution No. 02-183, a Memorandum of Understanding endorsing the Clear Creek Master Plan. This plan, which is a conceptual land use plan for the Clear Creek and Camp Cardinal Road area, contemplates the severing of this 194-acre territory from Iowa City, and its annexation into Coralville; and WHEREAS, the 1997 Iowa City Comprehensive Plan also contemplates severing this territory from Iowa City, due to the difficulty Iowa City has in providing municipal sanitary sewer service to this area; and WHEREAS, the owners of the territory have all applied for voluntary annexation to the City of Coralville and the severance from Iowa City will not create an island; and WHEREAS, the City of Iowa City requires that the territory be annexed to the City of Coralville concurrent with the severance from the Iowa City corporate limits, so that the properties will not become unincorporated; and WHEREAS, there are no assets or liabilities of the territory to be distributed or assumed in connection with the severance; and WHEREAS, once annexed to the City of Coralville, the properties will be under the political, taxing, and municipal service jurisdiction of the City of Coralville. NOW, THEREFORE, BE IT RESOLUTION BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The territory described below is hereby severed from the City of Iowa City, subject to it being annexed by the City of Coralville: A PART OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., AND A PART OF SECTIONS 1 AND 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH P.M., ALL IN JOHNSON COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 1°00'46'' WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1, A DISTANCE OF 137.85 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90000'00'' WEST, 329.74 FEET; THENCE SOUTH 0°18'53'' WEST, 655.00 FEET; THENCE NORTH 89005'53'' EAST, 333.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE SOUTH 0°18 53" WEST ALONG SAID EAST LINE, 353.20 FEET; Resolution No. 05-20 Page 2 THENCE NORTH 89041'38'' WEST, 84.18 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 750.00 FEET, WHOSE ARC LENGTH IS 243.11 FEET AND WHOSE CHORD BEARS NORTH 80024'27'' WEST, 242.05 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 1000.00 FEET, WHOSE ARC LENGTH IS 633.83 FEET AND WHOSE CHORD BEARS NORTH 89016'45'' WEST, 623.27 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 1000.00 FEET, WHOSE ARC LENGTH IS 244.97 FEET AND WHOSE CHORD BEARS SOUTH 79°34'51'' WEST, 244.36 FEET; THENCE SOUTH 86035"55'' WEST, 264.97 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 350.00 FEET, WHOSE ARC LENGTH IS 176.93 FEET AND WHOSE CHORD BEARS NORTH 78°55'10'' WEST, 175.05 FEET; THENCE NORTH 64°26'16'' WEST, 638.00 FEET; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 500.00 FEET, WHOSE ARC LENGTH IS 231.29 FEET AND WHOSE CHORD BEARS NORTH 77041'22'' WEST, 229.23 FEET; THENCE SOUTH 89°03'32'' WEST, 507.05 FEET TO A POINT BEING 481.96 FEET SOUTHERLY OF THE NORTH 1/4 CORNER OF SAID SECTION 12 AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID NORTHWEST 1/4; THENCE NORTH ALONG A LINE PARALLEL WITH AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM SAID EAST LINE OF THE NORTHWEST 1/4, TO SAID NORTH LINE OF THE NORTHWEST 1/4; THENCE CONTINUING NORTH ALONG A LINE PARALLEL WITH AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 1, TO THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE CONTINUING NORTH ALONG A LINE PARALLEL WITH AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 1, TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE CONTINUING NORTH ALONG A LINE PARALLEL WITH AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 1, TO THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4; THENCE CONTINUING NORTH ALONG A LINE PARALLEL WITH AND 308.22 FEET WESTERLY MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 1, A DISTANCE OF 404.25 FEET (6 CHAINS 12.5 LINKS) TO THE NORTH BANK OF CLEAR CREEK; THENCE EAST 308.22 FEET (4 CHAINS 67 LINKS) TO SAID EAST LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4; THENCE SOUTH ALONG SAID EAST LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 AND ALONG SAID EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 AND ALONG SAID EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE NORTH 89024'33'' EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 1 AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 1, A DISTANCE OF 1780.71 FEET; THENCE NORTH 0°00'17 WEST, 757.78 FEET TO THE CENTERLINE OF CLEAR CREEK; THENCE SOUTH 87005'23'' EAST ALONG SAID CENTERLINE, 411.22 FEET; THENCE SOUTH 38015'07'' EAST CONTINUING ALONG SAID CENTERLINE, 263.41 FEET; THENCE SOUTH 81°26'29'' EAST CONTINUING ALONG SAID CENTERLINE, 316.72 FEET; THENCE NORTH 28°05'51'' EAST, 171.96 FEET; THENCE SOUTH 70004'36'' EAST, 1032.00 FEET; THENCE SOUTH 0059'54'' EAST, 766.54 FEET; THENCE SOUTH 88059'24'' WEST, 1078.24 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 1; THENCE SOUTH 1°00'46'' EAST ALONG SAID EAST LINE, 649.15 FEET TO THE POINT OF BEGINNING. 2. Upon the City of Coralville's approval of the annexation of the above-described territory, the City Clerk shall file a copy of this resolution and a map of the territory with the Johnson County Board of Supervisors, Secretary of State and State Department of Transportation. Upon the City Development Board's approval of the City of Coralville's annexation of the territory, the City Clerk shall record a copy of the resolution and map with the Johnson County Recorder. Resolution No. 05-29 Page 3 Passed and approved this 18th day of ganuar,y ,20 05 ^TTEST: 2~.,,.,..~ h'. U~ ^~"~'""~" ClT~ERK - ~ Attorney~ O~ce It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn jccogadm/res/severance.doc Date: December 10, 2004 To: Planning and Zoning Commission From: Johh Yapp, Associate Planner Re: ANN04-00002, Camp Cardinal Area Severance Clear Creek Area Master Plan In May 2002, the City Council adopted by resolution (Res. 02-183) a Memorandum of Understanding endorsing the Clear Creek Master Plan. This plan envisions the development of approximately 462 acres north of Melrose Avenue, east of Highway 218, and south of Clear Creek in Coralville. The proposed development includes residential and commercial uses, with the commercial development focused along the Highway 218 right-of-way and a commercial node in the west center of the neighborhood. The remainder of the ground would develop for residential uses of a variety of types. A future elementary school site will be provided to the Iowa City Community School District on the east side of the property, near the existing alignment of Camp Cardinal Road and an extension of Kennedy Parkway. The Commission reviewed and recommended endorsing the Clear Creek Master Plan in April, 2002. The Memorandum of Understanding was also adopted by the City of Coraiville and includes an agreement to cooperate on the construction of a new alignment of Camp Cardinal Road. Camp Cardinal Road will serve as access to this developing area, as well as providing a north-south arterial street connection between Iowa City and CoraIville. To serve the future development with municipal services, it was also agreed that a portion of the property in the north part of the area should be severed from Iowa City and annexed to Coralville. Annexations are also anticipated by both cities for properties owned by Clear Creek L.L.C. (managed by Southgate Development Company) west of the current Iowa City corporate limits. The ultimate demarcation between the two cities approximates the line shown on Iowa City's 1997 Comprehensive Plan Land Use Map as the city's growth area limit. This demarcation is based on topography, and defines for watersheds best served by the respective municipalities for gravity sanitary sewer service. The final severance of these properties will be dependant upon annexation of these same properties by the City of Coralville. The severance is proposed to be structured this way so there is not a period of time when the properties will be left unincorporated. Comprehensive Plan The proposed severance is consistent with the 1997 Comprehensive Plan, and other past understandings between Iowa City and Coralville. The Iowa City Comprehensive Plan states: In 1994 the City of Iowa City and the City of Coralville executed a land use agreement for property in the overlapping two-mile extraterritorial area between Iowa City and Coralville. Included in this agreement is a provision for Iowa City to sever property within the Northwest Planning District, which is currently within the ANN04-00002, Camp Cardinal Area Severance December 10, 2004 Page 2 corporate limits of Iowa City in the Clear Creek watershed. This severance is proposed due to Coralville's ability to provide municipal sanitary sewer to property within the Clear Creek watershed via a gravity flow system. Iowa City is unable to sewer the Clear Creek watershed without lift stations... The eventual corporate limits line between Iowa City and Coralville will be the boundary between the Clear Creek watershed and the Willow Creek watershed. Effect on Properties Five properties are in the proposed severance area, including properties owned by Clear Creek L.L.C. and the City of Coralville. The effect on these properties upon severance from Iowa City and annexation to Coralville is that they will be under the political and taxing jurisdiction of the City of Coralville, and any and all municipal services will be provided by the City of Coralville. Each property owner has been notified of the proposed severance from Iowa City. Summary Severance of these properties from iowa City due to topographic constraints in providing sanitary sewer service has long been contemplated. The boundary of the severance area was determined by an analysis of topography, and conforms to the planned extension of Kennedy Parkway, which will become the demarcation between the two cities. The severance conforms to the Comprehensive Plan and existing agreements between Iowa City and CoraIville. STAFF RECOMMENDATION: Staff recommends that ANN04-00002, a severance of approximately 194 acres in northwest Iowa City, be approved, subject to the severance resolution not being effective until and unless said properties are annexed to the City of Coralville. ATTACHMENTS: 1. Location map 2. Topographic map of severance area 3. Clear Creek area master plan location map Approved by: ~ Robed Miklo, Senior Planner, Department of Planning and Community Development ppdadm/merWcamp cardinal.doc ~ ~ ' ID-ORP ~~ SITE LOCATION: ~roposo0 ~W Iowa City sovoronco A~04-00002 79N ~ j ~ ~ ~ ~ : : .......... CI~ OF IOWA CI~ - CAMP CARDINAL ROAD SEVE~NCE MAP ~OWA O~, I~A ~ SNYDER & ASSOCIATES ............. o _ -_ ._. ~J _ A~ACHMENT B Clear Creek Master Plan Iowa Ci~ & Coralville, Iowa SHIVE ,HA~ERY Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 05-30 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Admissions and Continued Occupancy Policy (ACOP); and W]-IEREAS, the Public Housing program will benefit from the adoption of an amended ACOP that includes the HUD created Up-Front-Verification (UIV) system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The updates and amendments of the Iowa City Housing Authority's Admissions and Continued Occupancy policy (ACOP) be adopted as the policy of the Iowa City Housing Authority; and, 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 18th day of 0anuary ,20 05 - Approved by CITY'CLERK City Attorney's Office It was moved by Champ~nn and seconded by Vandorhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliot X Lehman X O'Donnell X Vanderhoef X Wilbum £ , Phone: (319) 356'5400 TDD.. (319) 356.5404 UTHn;~ITY 410 E. Washington Steer · Ioma Ci~ . Ioma · 52240.1826 DATE: Monday, January 10, 2005 TO: City Council FROM: Steven J. Rackis, Housing Administrator SUBJECT: Updates and amendments to the Iowa City Housing Authority's Admissions and Continued Occupancy Policy (ACOP) and Housing Choice Voucher (HCV) Administrative Plan. The Iowa City Housing Authority proposes the following amendments to our Public Housing and Housing Choice Voucher policies and procedures. The actual language changes are attached. 1. The first update is common to both ACOP Section 12.2 Types of Verification and the HCV Plan Section 10.2 Types of Verification: · The Federal Department of Housing and Urban Development (HUD) requires housing authorities to verify factors of program eligibility; specifically, qualification for local preferences, income, assets, allowable deductions, family status, and changes in family composition. · In addition to existing sources of income verification; primarily, Employer Payroll and Iowa Workforce Development records, the Iowa City Housing Authority will use the Up Front Income Verification (UIV) System developed by HUD. This online system is designed to assist Housing Authorities increase accuracy and reduce subsidy error. 2. The second update is specific to Admissions and Selection Criteria contained in the HCV Administrative Plan; specifically, Section 5.2 Preferences: · Except for special admission, participants must be selected from the ICHA waiting list in accordance with the admission policies outlined in the administrative plan. In order to expand the "pool" of potential participants in the ICHA's Housing Choice Voucher (HCV) Homeownership program, exceptions may be given to Public housing tenants who have resided in their Public Housing unit longer than 1 year and whose total tenant payment is higher than $499. The creation of an additional special admission category allows Public Housing tenants the opportunity to participate in the HCV Homeownership program. 3. The third update is specific to the Interim Reexamination policies contained in HCV Administrative Plan; specifically, Section 13.2 Interim Reexaminations and 13.2.2 Effective Date of rent Changes: · Currently, the Housing Authority recalculates rents based on increases in earned income only at the client's annual review. Due to budget constraints contained in the Federal Fiscal Year 2005 Appropriations bill, the ICHA is opting to conduct interim reexaminations for increases in earned income. Iowa City Housing Authority Proposed Changes to: Admissions and Continued Occupancy Policy (ACOP) Housing Choice Voucher (HCV) Administrative Plan NOTE: All proposed changes are in BoldT Italici~edT and Underlined. 1. ACOP Section 12.2 Types of Verification and the HCV Plan Section 10.2 Types of Verification: Earned Verification from employer Multiple pay stubs if verification income from employer fails Verification from Iowa Workforce Employer Wage Record records Development Up-Front Income Verification Verification from HUD (UIV) sFstem. 2. Admissions and Selection Criteria contained in the HCV Administrative Plan; specifically, Section 5.2 Preferences: Current Policy: **Special Exception may be given to following: · Families referred by the Department of Human Services (DHS) for the Family Unification Program. · Families referred by the Mid Eastern Council on Chemical Abuse (MECCA). Proposed Addition: · Public housing tenants who have resided in their Public Housing unit longer than 1 Fear and whose total tenant paFment is higher than $,199 (See Section 19 Homeownership). 3. Interim Reexamination policies contained in HCV Administrative Plan: Section 13.2 Interim Reexaminations Current Policy: Interim reexaminations based on an increase in unearned income will be processed.* Interim reexaminations based on an increase in earned income will only by processed if the gross family income (earned and unearned), annualized, exceeds 80% of the median income as defined for the family size by HUD. The family must continue to report all changes in income within 30 days of the occurrence. * Social Security cost of living increases will be processed at annual review only Proposed Policy Change: Interim reexaminations based on increases in earned and unearned income will be processed. The family must report all changes in income within 10 daFs of the occurrence. * * Social Security cost of living increases will be processed at almual review only. Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-8~7-6065 RESOLUTION NO. 05-31 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. WHEREAS, the City Council of the City of Iowa Cig, functions as the Iowa City Housing Authority and the Depamnent of Housing and Urban Development (HUD) requires adoption of the Housing Choice Voucher (HCV) Administrative Plan for the administration of the HCV programs; and, WHEREAS, the HCV program will benefit from the adoption of an amended HCV Administrative Plan that includes the use of the HUD created Up-Front-Verification (UIV) system, updates to the interim re-examination policies, and updates to the admissions policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The updates and amendments of the HCV Administrative Plan be adopted as the policy of the Iowa City Housing Authority; and, 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 18th dayof danuary ,20 05 · Approved by CITY'CLERK City Attomey's Office It was moved by Bai 1 e,y and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: AB SENT: X Bailey X Champion X Elliot X Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Bdan Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-32 RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GRAND AVE AND MELROSE AVE PCC PAVEMENT REPLACEMENT PROJECT (STP-U-3715(627)-70-52). WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on January 19, 2005, at 10:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, and estimate of cost for the above-named project are hereby approved. Passed and approved this 1Rth day of january ,2005. Approv~ed by: ..~ City Attorney's Office~ Resolution No. 05-32 Page 2 It was moved by Vanderhoef and seconded by E11 iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 05-33 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCE DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF UPDATING THE 1992 IOWA CITY HISTORIC PRESERVATION PLAN. WHEREAS, the State Historical Society of Iowa administers the Historic Resource Development Program; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for an HRDP Grant for $13,680 for the purpose of evaluating and updating the 1992 Iowa City Historic Preservation Plan; WHEREAS, said grant will provide 50% of the project funding and local matching funds required will be $13,680, which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation activities; and WHEREAS, said grant will aid the City in its efforts to identify City's current historic preservation needs and implement historic preservation policy; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for an HRDP Grant of $13,680 for the purpose of evaluating and updating the 1992 Iowa City Historic Preservation Plan, which will require a $13,680 in matching funds from the City of Iowa City. Passed and 18th of ,J ar. ,2005. approved this day MAYOR Approved by ClTY~LERK ' di{~ A~torney'sVOffice It was moved by (;hamDion 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 For' Office Use Onl:>, Grant ~pp #: D~te Received: State Historical Society of Iowa REAP/HRDP Grant Application Form A. Applicant Section [-~ FY06 Organization or Individuat Name: lIowa City Historic Preservation Commission Federal Employer's ID or Social Security Number: 142-600-4805 Contact Person: [Bob Miklo ] Contact Person's Titte: ISenior Planner ] Address: I410 E. Washington Street __] City: [Iowa City ] State: IIA ] Zip code: [52240 E-mail Address: lbob-miklo@iowa-cit y. org Web site Address: Iwww' icg°v' °rg J letephone (daytime): 1319-356-5240 County: 1J°hns°n j Lesis[ative District Numbers (If you don't know your district numbers, cli~c._k_ he_r_e..) Iowa House #:177 I Iowa Senate#:139 I US Consress #:12 t http://www.i~wahist~ry.~rg/grants/shsi-grants/hrdp/app~icati~n/app~icant-secti~n~htm 1/12/2005 Applicant Profile: Describe your organization's purpose, mission, prima~ discipline areas and prima~ se~ice area. Limit response to -150 words (-1100 characters) or your printer may not print all text. The Iowa City Historic Presrvation is a City Council ~ appointed body composed of citizens that are responsible for the protection and management of Iowa City's historic resources. The Commission conducts surveys of hisotirc neighborhoods and resources; recommends designation of local and National Register landmarks and districts; reviews changes to the exterior of propoerties located in a local distric or that have be desitnated a local landmark; and reviews and proposed historic presrevation )olicies and regulations. Count Words Project Information Project Title: IIowa City Historic Preservation Plan 2005-2015 I ProjectSummary: Describe your projectin 2-3sentencesto be usedin pressreleases(-50 words or 500 characters) The project is to update the 1992 Iowa City Historic ~ Preservation Plan. This plan was originally prepared to identify Iowa City's historic preservation needs and recommend goals and strategies to be imptemtnted over a 10- year period. The updated Historic Preservation Plan will serve to guide Iowa City's historic preservation efforts for 10 more years. Count Words Proposed Project Dates (month/day/year): From [7/1/2005 ]to [7/1/2006 http://www.i~wahist~ry.~rg/grants/shsi~grants/hrdp/app~icati~n/app~icant-secti~n.htm 1/12/2005 Grant Amount Requested: $ [13,680 j Cash Match: $ Il3,680 J In-kind Match: s J0 ] Total. Project Cost: $ L£?, 360 ] Was this project in existence prior to the program deadLine? Yes[~ No[~ If yef~id it receive REAP/HRDP funding in the previous year? Yesl~ j Nor-~ Has this project received fundin~ from the Iowa State HistoricaJ Society or the Iowa Arts Council in the current or previous year? If yes, from which Brant pro~ram(s) did the project receive fundin~ and how much was the ~rant amount? Iowa A~s CounciJ Grants: HistodcaJ Society Grants: qsl qsl Did you attend a State HistoricaJ Society of iowa Brantwritin~ workshop this year? ect CateBo~: Documenta~ CoLJections Histodc Prese~ation Museum SeLect the appropriate status: Business or for-profit corporation Partnership Estate or trust Non-profit corporation State ~overnment Local ~overnment Native American Indian tribe Individual G~o ne~ sectig~)~ http://www.i~wahist~y.~rg/grants/shsi~Tants/hrdp/app~icati~n/app~i~ant~secti~n.htm 1/11/2005 State Historical Society of Iowa's REAP/HRDP Grant Application Form B. Budget Section List att expenses associated with the proposed project and indicate which expenses are to be met by the REAP/HRDP Grant, by Cash Match, and In-kind Match. Use only the space provided. Round to nearest dot[ar. HRDP In-kind Request Cash Match Match Subtotals Personnel (include sa[aries, wages, benefits, fees, etc. associated with the project) IProject Manager [Project Intern ] $~ $~ SI ] Subtotat,: $ [-~-~-~-[ + $ ~+ $ ~---~---~: $[2,480 I Supplies E Materials IPh°t°¢°pies J S~ SIis° ] lP°~tageJ Slis° I SI~° [Photography [ s l~° I SI~° sl l~'~c' t sl~°° I SI~°° Su~to,ats: S~' S~' SI : SI~'~°° Contract for Services [consultant $~ $~ sL Subtotats: $ J~-~ + $~* $L l: $123'580 Space E Equipment Rental (inctudes trucks, speciat equipment, etc.) [ ] sF---1 sF----I si I ] sl---~ sl-'--~ Subtotals: $~+ SI ........ j+ sL Other lsl I si si http://www~i~wahist~ry~rgtgrants/shsi~grants/hrdp/app~icati~n/budget-secti~n~htm 1/11/2005 I sF---] s[ J sF---1 Subtotals: $~"~+ $[~'--"~+ $["--'~= SI ; TAN Services (Your match is determined by your appUcation status) ] sF----I sF---1 sF l: s~ Total Pro~ect Costs: $~+ S~-~+ S ~---'-~: $[2'7,360 j Total Total Total Total HRDP Cash/,~atch In-kind ~Aatch Project Cost QO to nex~ http://www.iowahistory.org/grants/shsi_grant s/hrdp/applicationPoudget_section.htm 1/11/2005 State Historical Society of Iowa's REAP/HRDP Application Form C. Match Requirements Section Will you be using federal monies to carry out this project? Yes ~ No [] For Non-Profits and Government Agencies Only: Does your total match equal at least 50% of the total grant request? Yes I~l No ICI (Total Cash Match + Total In-kind Match) X 100 Grant Request = Note: Cash Match must be at least 25% or greater in relation to the total grant request. In-kind match may by replaced by Cash Match. For Individuals Only: Does your total match equal at least 75% of the total grant request? Yes ~ No Ici (Total Cash MatChGrant +RequestT°tal In-kind Match) x t00 = Note: Cash Match must be at least 50% or greater in relation to the total grant request. In-kind match may by replaced by Cash Match. For For-Profits Only: Does your total match equal at least 100% of the total grant request? Yes lC'! No ICI (Total Cash Match + Total In-kind Match) x 100 Grant Request Note: Cash Match must be at least 75% or greater in relation to the total grant request, in-kind match may by replaced by Cash Match. D. Income List all cash income to be used to defray the expenses of the project and list sources of that income. Do not include In-kind contributions. Funds from other state grants are not allowable matches. Earned Income: Include revenue from the sate of admissions tickets, memberships, etc., for events attributable or prorated to this project. Contributions: Include contributions from businesses, corporations, foundations, and other private sources. Other Revenue: Include revenue from sources other than those [isted above. http://www~i~wahist~ry~~rg/grants/shsi-grants/hrdp/app~i~ati~n/match-secti~n~htm 1/11/2005 Total Cash Income: This total must equal the total Cash/~atch in the Budget Section. sll3,~° j E. Ownership Does the applicant own the historic resource? Ves~ if the applicant does not own the historic resource the following information is required: Name of Owner: [not applicable Address: City: County: I State: l i Z~p code: I E-mail Address: Telephone (daytime): I 8ire my permission for the applicant to carry out the project described in this REAP/HRDP ~3rant application. Signature of Owner: I F. Co-Applicant If one or more co-applicants are involved in the project, provide the following information (include separate page if necessary): Name of Co-applicant: [ ~ Address: [ http://www.iowahistory.org/grants/shsi_grant s/hrdp/application/match-secti°n'htm 1/11/2005 City: County: [ [-mai[ Address: Yetephone (daytime): Contact Person: Contact's letephone (daytime): Contact's [-mait Address: I/My organization will work with the applicant to carry out the project described in this R[AP/HRDP grant application. ignature of Co-applicant: G. Statement of Assurances The applicant hereby agrees and acknowledges: a) that, if funds are awarded, they wilt conduct their operations in accordance with title VI and VII of the Civil Rights Act of t964, as amended, and the Rehabilitation Act of 1973, as amended, which bar discrimination a,ainst any employee, applicant for empl`oyment or any person participatin, in any sponsored program on the basis of race, creed, co[or, national, origin, rel,igion, sex, age, or physical, or mental, disability, and require compensation for empl,oyment at no l,ess than minimum wa,e requirements, and provide safe and sanitary working conditions; b) they will expend funds received as a result of this application sol,el,y on the described project; c) that, if the proposed project impacts a property l,isted on or having quaUties making it eUgib~e for l,istin, on the Nationa~ Re,ister of Historic Pi,aces, the appl,icant will, consult with the Historic Preservation Section, State Historical Society of Iowa, and will act in accordance with the Secretary of Interior's Standards for Archeology I~ Historic Preservation; d) that the facts, figures, and representations made in this application, including a[~ attachments, are true and correct to the best of their know(edge; e) that the filing of this appUcation has been authorized by the governing board of the appl`icant; f) that fail`ure to comply with the REAP/HRDP Grant program administrative rul,es will, disqual,ify the application. ./c ,Si,nature of~n w[tJ~,a~~.-~ r-.~.~au~yy~ligate the Applicant: http://www~i~wahist~ry~~rg/grants/shsi-grants/hrdp/app~icati~n/match-secti~n~htm 1/11/2005 Date:tJanuary 18. 2005 Typed name and tiUe of the above person: IMayor Ernest W. Lehman Date; l ] Sisnature of Project Manager/Contact Person: ###This is the end of the appUcation form. See Instructions for the required narratives. ### http://www.i~wahist~ry.~rglgrants~shsi-grants/hrdp/app~icati~n/match-secti~n.htm 1/11/2005 State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-2015 Narrative Section - Scored Criteria 1. Significance of the historical resource as it relates to the proposed project. The historical resource is the Iowa City community - its historic neighborhoods, homes, landmarks, commercial centers, institutions, parks and public spaces. These urban artifacts tell the story ora settlement founded in the territory of the Sac and Fox Indians and platted in 1839 to serve as the Territory of Iowa's seat of government. Although Iowa City lost the privilege of being the capitol city of the State of Iowa, the State University of Iowa was established in 1847. Iowa City eventually grew to be a "college town" and home to a diverse citizenry that included professors, merchants, students, lawyers, craftsmen, brewers, farmers, medical professionals, and laborers. Contributing to the rich heritage of the growing community was the variety of ethnic populations which dominated the history of Iowa City, including Germans, Irish, Welsh, English and Czechs. These early settlers played a leading role in the growth and development of the city. It is in large part due to their efforts that the city prospered as a center for education, commerce, industry and agriculture. Iowa City continues to be recognized as the cultural and intellectual center of the state. Today, Iowa City is fortunate to have many intact historic neighborhoods, homes and buildings that express its architectural and cultural heritage. These include nine historic districts, four conservation districts and 56 historic landmarks. The recent creation of two cultural districts in Iowa City further recognizes the asset that these historic resources are to the community - its past, present and future. 2. Significance or contribution of the project to enhance the preservation, conservation, or interpretation of Iowa's historical resources. The aim of the proposed project is to update the Iowa City Historic Preservation Plan. Originally prepared by Svendsen Tyler, Inc., the plan was adopted in 1992 by the City Council of Iowa City. Its purpose was to identify the community's historic preservation needs and recommend specific preservation goals and objectives to be implemented over a 10-year period. The values and beliefs of the community regarding historic preservation were brought to light by the inclusion of the opinions, comments, and recommendations of Iowa City residents and property owners. Most of the goals of the 1992 Historic Preservation Plan have been achieved. Thus, the Historic Preservation Commission feels that it is now necessary to measure the effects of these accomplishments and determine how preservation in Iowa City can best be served in the future by bringing the plan up to date. Issues that the Commission would like the updated preservation plan to address include: · Evaluation of the economic impact of historic preservation on Iowa City. · Specific guidance on establishing local financial incentives for historic preservation. · Development of strategies for consensus building with property owners, business owners and other stake holders in the community. State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-201 $ · Creation of initiatives for expanding public awareness and strengthening preservation. · Recommendation of other buildings and neighborhoods for which designation may bc considered. 3. Knowledge and understanding of accepted professional standards as they relate to the proposed project. (121/250 words) The Historic Preservation Commission will retain a professional consultant has the expertise and knowledge to update the Historic Preservation Plan. The Commission has worked with a number of architectural historians over the years. Previous projects have included the survey and evaluation of individual neighborhoods, nomination of districts and landmarks to the National Register of Historic Places, preparation of National Register Multi-property Documentation Forms, and feasibility studies for the rehabilitation of historic properties. The Commission will require that any consultant will be well-versed and experienced with the Secretary of the Interior's Standards and Guidelines for Preservation Planning. They will seek consultants to maintain the high level of proficiency demonstrated in successful past projects. 4. Degree of threat to the resource. With the pressures of shifting housing market trends and institutional expansion, the integrity of Iowa City's historic neighborhoods is truly threatened. Regrettably, these pressures have traditionally turned popular opinion away from preserving the past. Consistently, these periods have been detrimental to the community's historic fabric, the full effect of which is not realized many times until it is too late. An update of the Historic Preservation Plan will serve to assess the'community's dedication to historic preservation and determine the best means by which historic resources may be protected in today's political and economic climate. This grant will provide critical funds to enable fulfillment of this goal. If this project is not funded, Iowa City will be without an updated policies and direction for historic preservation, which will leave it vulnerable to further loss of its historic and cultural heritage. 5. Degree to which the eoals and obiectives of the jvroiect enhance the applicant's long-range plan. The Preservation Plan was officially reaffumed in 1997 with the reworking of the Iowa City Comprehensive Plan. The Comprehensive Plan, developed by citizens of Iowa City and approved by City Council, is a roadmap that guides Iowa City's long term development. Preservation items in the Comprehensive Plan include: Art, Culture & Human Development Strategy: Document/preserve our cultural heritage Goal: Continue implementation of the Iowa City Historic Preservation Plan. Environmental Protection Strategy: Maintain the integrity of scenic/historic vistas. State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-2015 Goal: Enforce appropriate elements of the Historic Preservation Plan. Housing Strategy: Preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods. Goal: Support the Historic Preservation Commission's efforts to meet its goals. Land Use & Urban Pattern Strategy: Protect the city's historic/natural environment. Goal: Continue implementation of the Iowa City Historic Preservation Plan. For the above items of the Comprehensive Plan to remain relevant, the Preservation Plan should be updated. 6. Degree to which the pro/ect supports the economic, educational and cultural health of the local area, region, or state. Planning and implementing sound historic preservation strategies significantly contributes to the overall quality of life in Iowa City. The Historic Preservation Plan is the document that has defmed the community's policies and lists recommendations for their implementation. Historic preservation in Iowa City: · Ensures there will be traditional neighborhoods located in proximity to downtown (with its Vision Iowa grant recipient, the historic Englert Theatre) as well as the University of Iowa, which strengthens recruitment of the sought-after "culture class". · Supports construction practices which create more local jobs and investment in the community than conventional practices. · Enhances Iowa City's newly designated Cultural Districts and appreciation of its historic and cultural heritage. · Contributes to the community's sense of identity and place. · Provides learning opportunities for both adults and children. · Protects the diversity of housing in older neighborhoods. · Creates opportunities for economic development through heritage tourism. 7. Degree of Cooperation between organizations or individuals within a local area, region, or the state as evidenced by, but not limited to, the number of volunteers, cash match, and in- kind-match..('89/150 words) The Historic Preservation Commission will rely extensively on cooperation with other entities to provide information to the project consultant. Preparation of the updated Historic Preservation Plan will involve meetings, workshops and surveys of residents, property and business owners, government officials, public and private organizations. Potential collaborators include: State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-2015 · City staff to supply information regarding historic review, current guidelines and pertinent regulations. · Friends of Historic Preservation, a local advocacy organization, to describe preservation efforts of thc community over thc past decade. · The Johnson County Cultural Alliance to determine potential cultural opportunities relative to historic preservation. · Local lending institutions and govenunent officials to discuss local preservation incentives. · Neighborhood associations to gather neighborhood views on preservation. · Iowa City and Coralville Visitors and Convention Bureau to provide data on current local tourism trends. · Board of Realtors to provide market statistics for historic neighborhoods and homes. 8. Degree to which the budget is reasonable, appropriate to the project, complete, and mathematically correct. The project budget is based on estimates received from architectural historians that may be selected to complete this project. The 199fl Historic Preservation Plan budget was also reviewed. Non-scored Narratives I. If your facility is open to the public, give the schedule of hours open and total number of hours per year. The resources to be affected by this project are largely the exterior portions of structures in preservation districts and historic landmarks. These structures are viewable from curbside or sidewalk at any time of day through the year (8,760 hours). 2. If the facility is not open to the public, describe the plans for increasing accessibility to the public during the next three Fears. The resources are viewable by the public as described in non-scored narrative 1. 3. If funded, how will you use the Technical Advisory Network Services in helping you complete your grant project? It is not anticipated the TANS will be needed for this project. For Office U~e Only Grant App #: D~te Received: State Historical Society of Iowa REAP/HRDP Grant Application Form A. Applicant Section ~-~ FY06 Orsanization or Individuat Name: Iowa City Historic Preservation Conunission Federal Employer's ID or Social Security Number: [42-600-4805 Contact Person: Contact Person's Title: ISenior Planner Address: 1410 E. Washington Street City: IIowa City State: [IA ]ZiP code: L5224° E-mail Address: [bob-~n~ klo@ iowa-cit y. org Web site Address: Iwww' icg°v' °rg Telephone (daytime): 1319-356-5240 County: [Johnson Legislative District Numbers (If you don't know your district numbers, click here.) Iowa House #: ~ Iowa Senate #: [-~-~ US Congress #: [~-~ http://www.i~wahist~ry.~rg/grants/shsi-grants/hrdp/app~icati~n/app~icant-~ecti~n.htm 1/12/2005 Applicant Profile: Describe your organization's purpose, mission, primary discipline areas and primary service area. Limit response to -150 words (-1100 characters) or your printer may not print all. text. The Iowa City Historic Presrvation is a City Council appointed body composed of citizens that are responsible for the protection and management of Iowa City's historic resources. The Commission conducts surveys of hisotirc neighborhoods and resources; recommends designation of local and National Register landmarks and districts; reviews changes to the exterior of propoerties located in a local distric or that have be desitnated a local landmark; and reviews and proposed historic presrevation )olicies and regulations. Count Words Project Information Project Titl.e: IIowa City Historic Preservation Plan 2005-2015 Pr~ect Summary: Describe your pr~ect in 2-3 sentences to be used in press releases (~50 words or 50Ocharacters) The project is to update the 1992 Iowa City Historic _~ Preservation Plan. This plan was originally prepared to identify Iowa City's historic preservation needs and recommend goals and strategies to be implemtnted over a 10- year period. The updated Historic Preservation Plan will serve to guide Iowa City's historic preservation efforts for 10 more years. Count Words Proposed Project Dates (month/day/year): From 17/1/2005 I tO[7/1/2006 J http://www.i~wahist~ry.~rg/grants/shsi-grants/hrdp/app~icati~n/app~icant-secti~n.htm 1/12/2005 Grant Amount Requested: $ J~3,680 ] Cash Match: $ [13, ~80 J In-kind Match: $ JO j Total Project Cost: $ J27,360 J Was this project in existence pdor to the program deadline? If yef~_~id it receive REAP/HRDP funding in the previous year? Yes ~ No J-~ Has this project received fundinB from the Iowa State HistoricaJ Society or the Iowa Arts CounciJ in the current or previous year? If yes, from which ~rant pro~ram(s) did the project receive fundin~ and how much was the ~rant amount? Iowa A~s CounciJ Grants: I~°~ -]~1 I I~°~ ~1 I HistodcaJ S~iety Grants: I~°~ dsl I I~°~ -Is[ ] Did ~ attend a State HistoricaJ Society of Iowa ~rantwritin~ workshop this year? Yes~ No ~ ect Cate~o~: ~cumenta~ CoJ[ections Historic Prese~ation Museum Select the appropriate status: Business or for-profit co~oration Partnership Estate or trust Non-profit corporation State ~overnment Local ~overnment Native American Indian tri~ IndividuaJ gg_ JLO_ ne xt,~_ec t ion > > http :~/www.i~wahist~ry.~rg/grants/shsi-grants/hrdp/app~icati~n/app~icant-secti~n.htm 1/11/2005 State Historical Society of Iowa's REAP/HRDP Grant Application Form B. Budget Section List all expenses associated with the proposed project and indicate which expenses are to be met by the REAP/HRDP Grant, by Cash Match, and In-kind Match. Use onty the space provided. Round to nearest dollar. HRDP In-kind Request Cash Match Match Subtotals Personnel (include salaries, wages, benefits, fees, etc. associated with the project) IProject Manager ~ SF~--~ s~ si IProject Intern ] $~ $~ SF Subtotals: $~+ $~+ SI l: $12,480 Supplies ~t Materials [Photocopies LP°stage ] $ ~-~---~ IPh°t°gr~ph' [,~sc. ~u~tota~s: si~S---I+ S~- St ~: SI',~0o ] Contract for Services Isl-----I sl----~ s~ Subtota,s: S~+ S~* sl-~q~ sl?,~o J Space ~t Equipment Rental (includes trucks, special equipment, etc. Isi------I si-----I si-----1 IsF---q si----1 Subtotals: $ ~------I + $ ~---~ + S~: Other [ ]s~ s F----1 sl~ http://www.i~wahist~ry.~rg/grants/shsi~grants/hrdp/app~icati~n/budget-secti~n.htm 1/11/2005 Is[----] sL__] si I ~tota~s: S~--------I+ S~ 1+ SC------[: Si ] TAN Services (Your match is determined by your application status) ]si----t si----q sl~--l: si ] Total Project Costs: S~+ $~+ SI--~--l: sl27,~6° ] Total Total Total Total HRDP Cash Match In-kind Match Project Cost Go to next se~tti0n>> http://www~i~wahist~ry.~rg/grants/shsi-grants/hrdp/app~icati~n~budget-secti~n.htm 1/11/2005 State Historical Society of Iowa's REAP/HRDP Application Form C. Match Requirements Section Will you be using federal monies to carry out this project? Yes [] No For Non-Profits and Government ABencies Only: Does your total match equal at [east 50% of the total grant request? Yes J~j No JC'J (Total Cash Match + Total In-kind Match) Grant Request x 100 = % Note: Cash Match must be at least 25% or greater in relation to the total Brant request. In-kind match may by rep[aced by Cash Match. For Individuals Only: Does your total match equal at [east 75% of the total Brant request? Yes J~ No (Total Cash Match + Tot~[ !n-kind Match) x 100 r-~ % Grant Request I I Note: Cash Match must be at least 50% or greater in relation to the total Brant request. In-kind match may by replaced by Cash Match. For For-Profits Only: Does your total match equal at [east 100% of the total grant request? Yes [-~ No (Tot~LCashM_atch+Tota[ n-knd.j~_tch) xl00 I [I----1% Grant Request = Note: Cash Match must be at least 75% or greater in relation to the total Brant request. In-kind match may by replaced by Cash Match. D. Income List all cash income to be used to defray the expenses of the project and List sources of that income. Do not include In-kind contributions. Funds from other state grants are not allowable matches. Earned Income: Include revenue from the sale of admissions, tickets, memberships, etc., for events attributable or prorated to this project. J Contributions: IncLude contdbutions from businesses, corporations, foundations, and other private sources. ] Other Revenue: IncLude revenue from sources other than those listed above. http://www.i~wahist~ry~~rg/grants/shsi-grants/hrdp/app~icati~n/match-secti~n~htm 1/11/2005 L lsL Total Cash Income: This total must equal the total Cash Match in the Budget Section. E. Ownership Does the applicant own the historic resource? If the applicant does not own the historic resource the fo/lowing information is required: Name of Owner: Eot applicable Address: City: 1 County: State: [ ]Zip code: L J E-mail Address: L Telephone (daytime): , L I give my permission for the applicant to carry out. the project described in this REAP/HRDP grant application. Signature of Owner: L F. Co-Applicant If one or more co-applicants are involved in the project, provide the following information (include separate page if necessary): Name of Co-applicant: Address: http://www~i~wahist~ry~~rg/grants/shsi-grantspardp/app~icati~n/match-secti~n.htm 1/11/2005 City: I County: I State:[ ]Zip code: [ E-mail Address: Telephone (daytime): Contact Person: I Contact's Telephone (daytime): I Contact's E-mai[ Address: I I/My organization wilt work with the applicant to carry out the project described in this REAP/HRDP grant application. Signature of Co-applicant: 1 G. Statement of Assurances The applicant hereby agrees and acknowledges: , a) that, if funds are awarded, they will conduct their operations in accordance with title VI and VII of the Civil Rights Act of 1964, as amended, and the Rehabilitation Act of 1973, as amended, which bar discrimination against any employee, applicant for employment or any person participating in any sponsored program on the basis of race, creed, co[or, national origin, religion, sex, age, or physical or mental disability, and require compensation for employment at no [ess than minimum wage requirements, and provide safe and sanitary working conditions; b) they witl expend funds received as a result of this application solely on the described project; c) that, if the proposed project impacts a property listed on or having qualities making it eligible for listing on the National Register of Historic Places, the applicant wilt consult with the Historic Preservation Section, State Historical Society of Iowa, and wilt act in accordance with the Secretary of Interior's Standards for Archeology E Historic Preservation; d) that the facts, figures, and representations made in this application, including alt attachments, are true and correct to the best of their knowledge; e) that the filing of this application has been authorized by the governing board of the applicant; f) that failure to comply with the REAP/HRDP Grant program administrative rules will disqualify the application. $i§n~ of pe~on with lega~aut~d~ty to obligate the Applicant: http://www, iowahistory.org/grants/shsi_grant s/hrdp/application/match_section.htm 1/11/2005 Date:l January 18, 2005 Typed name and title of the above person: [Mayor Ernest W. Lehman Date:l January/J~__2005 I Signature of Project Manager/Contact Person: [ ### This is the end of the appUcation form. See Instructions for the required narratives. ### http:~/www~i~wahist~ry~~rg/grants/shsi~grants/hrdp/app~i~ati~n/mat~h-se~ti~n~htm 1/I 1/2005 State Historical Society of Iowa's REAPfltRDP Application Form Iowa City Historic Preservation Plan 2005-2015 Narrative Section - Scored Criteria 1. Significance o_f the historical resource as it relates to the proposed pro[ect. The historical resource is the Iowa City community - its historic neighborhoods, homes, landmarks, commercial centers, institutions, parks and public spaces. These urban artifacts tell the story of a settlement founded in the territory of the Sac and Fox Indians and platted in 1839 to serve as the Territory of Iowa's seat of government. Although Iowa City lost the privilege of being the capitol city of the State of Iowa, the State University of Iowa was established in 1847. Iowa City eventually grew to be a "college town" and home to a diverse citizenry that included professors, merchants, students, lawyers, craftsmen, brewers, farmers, medical professionals, and laborers. Contributing to the rich heritage of the growing community was the variety of ethnic populations which dominated the history of Iowa City, including Germans, Irish, Welsh, English and Czechs. These early settlers played a leading role in the growth and development of the city. It is in large part due to their efforts that the city prospered as a center for education, commerce, industry and agriculture. Iowa City continues to be recognized as the cultural and intellectual center of the state. Today, Iowa City is fortunate to have many intact historic neighborhoods, homes and buildings that express its architectural and cultural heritage. These include nine historic districts, four conservation districts and 56 historic landmarks. The recent creation of two cultural districts in Iowa City further recognizes the asset that these historic resources are to the community - its past, present and furore. 2. Significance or contribution of the pro/ect to enhance the preservation, conservation, or interpretation of Iowa's historical resources. The aim of the proposed project is to update the Iowa City Historic Preservation Plan. Ori~nally prepared by Svendsen Tyler, Inc., the plan was adopted in 1992 by the City Council of Iowa City. Its purpose was to identify the community's historic preservation needs and recommend specific preservation goals and objectives to be implemented over a 10-year period. The values and beliefs of the community regarding historic preservation were brought to light by the inclusion of the opinions, comments, and recommendations of Iowa City residents and property owners. Most of the goals of the 1992 Historic Preservation Plan have been achieved. Thus, the Historic Preservation Commission feels that it is now necessary to measure the effects of these accomplishments and determine how preservation in Iowa City can best be served in the future by bringing the plan up to date. Issues that the Commission would like the updated preservation plan to address include: Evaluation of the economic impact of historic preservation on Iowa City. Specific guidance on establishing local financial incentives for historic preservation. · Development of strategies for consensus building with property owners, business owners and other stake holders in the community. State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-2015 · Creation of initiatives for expanding public awareness and strengthening preservation. · Recommendation of other buildings and neighborhoods for which designation may be considered. 3. Knowledge and understanding of accepted professional standards as they relate to the proposed project. (121/250 words) The Historic Preservation Commission will retain a professional consultant has the expertise and knowledge to update the Historic Preservation Plan. The Commission has worked with a number of architectural historians over the years. Previous projects have included the survey and evaluation of individual neighborhoods, nomination of districts and landmarks to the National Register of Historic Places, preparation of National Register Multi-property Documentation Forms, and feasibility studies for the rehabilitation of historic properties. The Commission will require that any consultant will be well-versed and experienced with the Secretary of the Interio?s Standards and Guidelines for Preservation Planning. They will seek consultants to maintain the high level of proficiency demonstrated in successful past projects. 4. Degree of threat to the resource. With the pressures of shifting housing market trends and institutional expansion, the integrity of Iowa City's historic neighborhoods is truly threatened. Regrettably, these pressures have traditionally turned popular opinion away from preserving the past. Consistently, these periods have been detrimental to the community's historic fabric, the full effect of which is not realized many times until it is too late. An update of the Historic Preservation Plan will serve to assess the community's dedication to historic preservation and determine the best means by which historic resources may be protected in today's political and economic climate. This grant will provide critical funds to enable fulfillment of this goal. If this project is not funded, Iowa City will be without an updated policies and direction for historic preservation, which will leave it vulnerable to further loss of its historic and cultural heritage. 5. Degree to which the goals and ob[ectives of the pro[ect enhance the applicant's long-range plan. The Preservation Plan was officially reaffmned in 1997 with the reworking of the Iowa City Comprehensive Plan. The Comprehensive Plan, developed by citizens of Iowa City and approved by City Council, is a roadmap that guides Iowa City's long term development. Preservation items in the Comprehensive Plan include: Art, Culture & Human Development Strategy: Document/preserve our cultural heritage Goal: Continue implementation of the Iowa City Historic Preservation Plan. Environmental Protection Strategy: Maintain the integrity of scenic/historic vistas. 2 State Historical Society of Iowa's REAP/HRDP Application Form Iowa City Historic Preservation Plan 2005-201 $ Goal: Enforce appropriate elements of the Historic Preservation Plan. Housing Strategy: Preserve the integrity of existing neighborhoods and the historic nature of older neighborhoods. Goal: Support the Historic Preservation Commission's efforts to meet its goals. Land Use & Urban Pattern Strategy: Protect the city's historic/natural environment. Goal: Continue implementation of the Iowa City Historic Preservation Plan. For the above items of the Comprehensive Plan to remain relevant, the Preservation Plan should be updated. 6. Degree to which the project supports the economic, educational and cultural health of the local area, region, or state. Planning and implementing sound historic preservation strategies significantly contributes to the overall quality of life in Iowa City. The Historic Preservation Plan is the document that has defmed the community's policies and lists recommendations for their implementation. Historic preservation in Iowa City: · Ensures there will be traditional neighborhoods located in proximity to downtown (with its Vision Iowa grant recipient, the historic Englert Theatre) as well as the University of Iowa, which strengthens recruitment of the sought-after "culture class". · Supports construction practices which create more local jobs and investment in the community than conventional practices. · Enhances Iowa City's newly designated Cultural Districts and appreciation of its historic and cultural heritage. · Contributes to the community's sense of identity and place. Provides learning oppommifies for both adults and children. · Protects the diversity of housing in older neighborhoods. · Creates opportunities for economic development through heritage tourism. 7. Degree of Cooperation between organizations or individuals within a local area, region, or the state as evidenced bE, but not limited to, the number of volunteers, cash match, and in- kind-match. (89/150 words) The Historic Preservation Commission will rely extensively on cooperation with other entities to provide information to the project consultant. Preparation of the updated Historic Preservation Plan will involve meetings, workshops and surveys of residents, property and business owners, government officials, public and private organizations. Potential collaborators include: State Historical Society of Iowa's REAPfltRDP Application Form Iowa City Historic Preservation Plan 2005-20 ! $ City staff to supply information regarding historic review, current guidelines and portinent regulations. · Friends of Historic Preservation, a local advocacy organization, to describe preservation efforts of the community over thc past decade. · The Johnson County Cultural Alliance to determine potential cultural opportunities relative to historic preservation. · Local lending institutions and government officials to discuss local preservation incentives. · Neighborhood associations to gather neighborhood views on preservation. · Iowa City and Coralvill¢ Visitors and Convention Bureau to provide data on current local tourism trends. · Board of Realtors to provide market statistics for historic neighborhoods and homes. 8. Degree to which the budget is reasonable, appropriate to the pro/ect, complete, and mathematically correct. The project budget is based on estimates received from architectural historians that may be selected to complete this project. The 1993 Historic Preservation Plan budget was also reviewed. Non-scored Narratives I. l£¥our facility is open to the public, give the schedule of hours open and total number of hours per year. The resources to be affected by this project are largely the exterior portions of structures in preservation districts and historic landmarks. These structures are viewable from curbside or sidewalk at any time of day through the year (8,760 hours). 2. l_f the facility is not open to the public, describe the plans[or increasing accessibility to the public during the next three Fears. The resources are viewable by the public as described in non-scored narrative 1. 3. If funded, how will you use the Technical Advisory Network Services in helping you complete Four grant pro/ect? It is not anticipated the TANS will be needed for this project. 1L~~01'18'05 --li~ Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 05-34 RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTURE SHOWCASE WHEREAS, the City, for the purpose of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase on July 10, 2001 by Resolution No. 01-205, and WHEREAS, the Iowa Sculptor's Showcase, a concrete pad located on the downtown pedestrian mall northeast of the Weatherdance Fountain allows the opportunity for Iowa sculptors to display their work for approximately a year, and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of an Iowa artist at their December 2, 2004 meeting, and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period of June 1, 2005 and ending no later than May 31, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and artist Jerry Cowger for the exhibition of his sculpture as described in the agreement on the Iowa Sculptor's Showcase for a period of June 1, 2005 and ending no later than May 31, 2006 be approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 18th day of Januar,y ,20 05 City Attorney's Office neigh borhood/res/showcase0 5 .doc Resolution No. 05-34 Page 2 It was moved by I~i ] burn and seconded by Bai ley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion EIliott Lehman O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2005/2006 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENTis made on~'~-,-d. \¢'~,:D(~¢~between the City of Iowa City, hereinafter referred to as the CITY, and Jerry Cowger, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase, a location on the downtown pedestrian mall that will provide the venue to exhibit the work of Iowa artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE and after public input, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on the Iowa Sculptor's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedestrian mall located approximately 50 feet northeast of the Weatherdance Fountain for an exhibition period beginning no later than June 1, 2005 and ending no later than May 31, 2006. The ARTIST has voluntarily submitted the ART WORK described below for display on the Iowa Sculptor's Showcase. Article 2. Description of art work Title: Politically Purple Medium: Mild Steel fabricated sculpture Material: Steel Height: 12' Width: 5' Diameter: 16" Approximate Weight: 350 lbs. Signature (if signed): Jerry Cowger Fair Market (insurance) value: $10,000.00 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and will promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Iowa Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Iowa Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Iowa Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Iowa Sculpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. Article 12. Interpretation and Conflict of Laws The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and that (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ATTEST I~aria~n K. Karr City Clerk City Attorney's Office ~ 01-18-05 ~ Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 05-35 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT STP-U-3715(629)--70-52. WHEREAS, the City of Iowa City, Iowa has negotiated an addendum with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation STP project for STP-U-3715(629)--70-52 for the design and construction of a 200 foot long, triple 12 foot by 10 foot bo~< culvert located at the current end of Mormon Trek Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 18th day of __, 20 05 MAYOR Approved by ATTEST: It was moved by £hampion and seconded by 0' Donne'll the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey × Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Pweng/res/moromextauthffns.doc April 2000 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT RECIPIENT: City of Iowa City PROJECT NO.: STP-U-3715(629)--70-52 IOWA DOT AGREEMENT NO.: 6-04-STPU-38 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Transportation Equity Act for the 215t Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative roles, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the City Engr., Public Works Dir., or Consul. Engr.. Agreement No.: 6-04-STPU-38 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described STP project: On Momion Trek Blvd - Phase 2, construct a triple 12' X 10' Reinforced Box Culvert and complete approximately 1/2 mile of grading. 4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to a maximum of either 80 pement of eligible costs or the amount stipulated in the Johnson County Cotmcil of Governments Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 5. This agreement will become null and void if the project described in Section 3. drops out of the Johnson County Council of Govemments current TIP or the approved current STIP prior to obligation of Federal funds. 6. The attached EXHIBIT 1 will apply and is hereby made a part of this agreement. Agreement No.: 6-04-STPU-38 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-04~STPU-38 as of the date shown opposite its signature below.~ ~~ RECIPIENT: City of Iowa City · - Ci{y Attbmey's Office By~ Date January 18 ,2005 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman ., who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, onthe 18th dayof danuary ,2005 · Signed ~_~.~z~.) }~. ~_~lx~)Date danuaryl8 , 2005 City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By I.~r~,~_ ,'~-~.. %~,~... ~----~ Date Kenneth A. Yanna, P.E. Local Systems Engineer District 6 July 1999 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 2. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 3. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Depas~tment of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 4. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 5. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 6. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENTs consultant selection process. EXHIBIT 1 -2- 7. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if the RECIPIENT uses federal funds for engineering services. 8. After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization only if federal funds are used for engineering services. 9. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. Following FHWA's authorization, the DEPARTMENT will advertise the projects for letting and furnish the RECIPIENT with a sample letting package. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code Section 384.102. EXHIBIT 1 -3- 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. EXHIBIT 1 -4- 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only a~ter the DEPARTMENT accepts the project as complete. 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless fi.om any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 27. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit fi.om this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. EXHIBIT 1 -5- 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHIBIT 1 paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-36 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK. WHEREAS, it is a goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport; and WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; and WHEREAS, in Resolution No. 4-202, the City Council approved an extension of the Listing Agreement which expires on January 22, 2005; WHEREAS, at its meeting on January 13, 2005, the Iowa City Airport Commission approved an extension of the Listing Agreement for six (6) months; and WHEREAS, it is in the best interest of the City of Iowa City to approve a second amendment to the Listing Agreement, which will extend the term by six months and which is in substantial compliance with the agreement that is attached, marked Exhibit 1, and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to an amendment of the Listing Agreement in a form that is in substantial compliance with Exhibit 1. MAYOR CITY CLERK Approved by City Attorney's Office Resolution No. 05-$6 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn 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 SECOND AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing Agreement that expires on January 22, 2005; and WHEREAS, NAI Iowa Realty Commercial acknowledges that Harry Wolf will be its lead broker should the Listing Agreement be extended; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties; and WHEREAS, the parties wish to amend the Listing Agreement a second time by extending the term for an additional six (6) months. IT IS THEREFORE AGREED that: Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term of this Agreement and Agent's employment, right and authority shall expire on July 22, 2005. All other terms of the Listing Agreement shall remain in full force and effect. NAI IOWA REALTY COMMERCIAL Harry f 1-13 - O ¢Date Regional Director' t THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson~ Date SECOND AMENDMENT TO LISTING AGREEMENT WHEREAS, in Resolution No. 04-~120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Cc~mmission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, in Resolution No. 04-202, the City Council approved a six (6) month extension of the Listing Agreement, and the pa~ies subsequently entered into an Amendment to the Listing Agreement that expires on January!~22, 2005; and WHEREAS, NAI Iowa Realty Comr~ercial acknowledgeS'that Harry Wolf will be its lead broker should the Listing Agreement be extended; and WHEREAS, Paragraph 13 of the List}~g Agreeme?t/provides that it may be amended by written agreement of the parties; and ~ WHEREAS, the parties wish to amen~ the L)~ting Agreement a second time by extending the term for an additional six (6) months.\ /'~ IS THEREFORE AGREED that: ~,/ IT Paragraph 5 of the Listing Agreemen~t~s ~eleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: ~//_ \ 5. TERM. The term ¢~f this Agr&,ement and Agent's employment, right and authority shall expire on JFly 22, 2005. ~ All other terms of the Listing A~reement shall re~ain in full force and effect. NAI IOWA REALTY COMMERCIAL Harry R. Wolf Date Regional Director, THE IOWA CITY AIRPORT COMMISSION Randall D. Hartwig, Chairperson Date Attest: Secretary ~' Date ,, / / THE CITY OF IOWA CITY Marian K. Karr, City Clerk ErneyLehman, Mayor / CITY KN, CiWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of / , 2005, before me, the undersigned, a notary public in and for the State o~lowa, ! appeared Ernest W. Lehman and Marian K. Karr, to me personally known, whb being by me sworn, did say that they are the Mayor and City Clerk, respectively, of s~i~d municipal c< executing the within and foregoing instrument; that the seal affixed thereto is the of said municipal corporation; that said instrument was signed and s~aled on behalf of ' ' corporation by authority of its City Council; and that the said Mayor and City Clerk as officers acknowledged that the execution of said instrument to be/(he voluntary act and of said corporation, by it and by them voluntarily executed. / / Notary Public and for the State of Iowa Approve~d by / City Attorney's Office Attest: THE CITY OF IOWA CITY Mari~l~ K. Karr, City Clerk Ernest Lehman, Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this J ~ day of -~-~u. N2_~ , 2005, before me, the undersigned, a notary public in and for the State of lo'va, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by  t'-'~- ~ I,~¢~ I SONDRAE FORT I I~'~ ~] Commission Number 159791 I City A~orney's Office I'~ 1 My Commission ~im8 I C I TY 0 F I 0 WA C I TY MEMORANDUM Date: January 13, 2005 To: Marian Karr From: Eleanor M. Dilkes, City Attorney Re: Item & Comment for January 18, 2005 City Council Agenda Item No. I._.5'~) RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES REGARDING THE REPAIRS REQUIRED IN CONNECTION WITH THE ARCHITECTURAL PRECAST PANELS AT THE IOWA CITY WATER TREATMENT PLANT. Comment: This Rework Agreement Sets forth the terms of the agreement between the City and Knutson for the completion by Knutson of the repairs at the Iowa City Water Treatment Plant that are necessary as a result of the failure of the architectural precast panel connections and damage resulting therefrom. Item No. ]~'c.- RESOLUTION PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT (95%) OF THE WORK UNDER THE CONTRACT FOR THE IOWA CITY WATER FACILITIES IMPROVEMENT PROJECT HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA. Comment: This resolution allows for release of the remaining retainage on the Iowa City Water Facilities Improvement Project. Item No.I.~JRESOLUTION REPEALING RESOLUTION NO. 05-9, WHICH APPROVED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER TREATMENT PLANT ARCHITECTURAL PRECAST REPAIRS PROJECT, ESTABLISHED AMOUNT OF BID SECURITY, DIRECTED THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXED TIME AND PLACE FOR RECEIPT OF BIDS. Comment: In light of the Rework Agreement with Knutson Construction Services, Inc., the contractor on the Iowa City Water Treatment Facility Project, it is no longer necessary to proceed to bid out such repairs, and thus Resolution No. 05-9 calling for advertisement of bids and the bidding of the project should be repealed. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356° RESOLUTION NO. 05-37 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO A'I-rEST A REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES, INC. REGARDING THE REPAIRS REQUIRED IN CONNECTION WITH THE ARCHITECTURAL PRECAST PANELS AT THE IOWA CITY WATER TREATMENT PLANT. WHEREAS, the City of Iowa City and Knutson Construction Services, Inc. ("Knutson") have a contract for construction of the Iowa City Water Facilities Improvements dated December 15, 1999 which contract was based on performance of the work described in the project manual for Iowa Water Facilities Improvements dated October 11, 1999; and WHEREAS, Knutson was the successful bidder on the project and entered into a contract with Iowa City on December 15, 1999, in the approximate amount of Twenty-Five Million, Eight Hundred Seventy-Five Thousand, Two Hundred Dollars and No Cents ($25,875,200.00); and WHEREAS, Knutson proceeded with the work and achieved substantial completion of the work at an agreed date of April 10, 2003; and WHEREAS, Iowa City has not issued final acceptance of the work; and WHEREAS, on July 31, 2004, a precast sandwich wall panel located on the north elevation of the facade building fell approximately seven feet downward onto a lower roof; and WHEREAS, the parties have investigated the construction and installation of the precast panels at the Iowa City Water Treatment Facilities following this event, and the parties have disputes as to the consequences, remedies, and rework necessary to repair the Water Treatment Facility; and WHEREAS, it is in the best interest of the citizens of Iowa City to enter into a rework agreement with Knutson Construction Services, Inc. for the performance of the repair work deemed necessary by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and the City Clerk are hereby authorized and directed to execute and attest the Rework Agreement with Knutson Construction Services, Inc. attached hereto. Passed and approved this 18th day of ~]anuarv ,20 05 · Approved by CITY'CLERK City Attorney's Office eleanor/res/wateq;lant-panels dcc Resolution No. 05-37 Page 2 It was moved by 0' Donnel 1 and seconded by E11 i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn REWORK AGREEMENT The parties to this Mutual Release 'and Settlement Agreement (Agreement) are the City of lowa City, lowa (IOWA CITY) and Knutson Construction Services, Inc., (KNUTSON). WHEREAS, the parties to this Agreement have a contract for construction of the Iowa City Water Facilities Improvement dated December 15, 1999, which contract was based on performance of the work described in the Project Manual for Iowa Water Facilities Improvements dated October 11, 1999. WHEREAS, KNUTSON was the successful bidder on the project and entered into a contract with IOWA CITY on December 15, 1999, in the approximate amount of twenty-five million eight hundred seventy five thousand and two hundred dollars ($25,875,200.00). WHEREAS, KNUTSON proceeded with the work and achieved substantial completion of the work at an agreed date of April 10, 2003. WHEREAS, IOWA CITY has not yet issued final acceptance of the work. WHEREAS, on July 31, 2004, a precast sandwich wall panel located on the north elevation of the facade building fell approximately 7 feet downward onto a lower roof. WHEREAS, the parties have investigated the construction and installation of the precast panels at the Iowa City Water Treatment Facilities following this event, and the parties have disputes as to the consequences, remedies, and rework necessary to repair the Water Treatment Facility. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. KNUTSON shall execute this Agreement no later than January 14, 2005, and IOWA CITY shall approve and execute the Agreement no later than January 18, 2005, for the Agreement to have full force and effect and the failure of either party to execute and bind itself to the Agreement by the date specified shall make the Agreement void and of no effect. 2. KNUTSON agrees to perform fully and completely without exception and to do so entirely at KNUTSON's own expense all of the Work described and specified in the Plans and Specifications and Addendum prepared by Howard R. Green Co. dated December 20, 2004 and January 12, 2005, which describe and specify the scope of rework, repair, and replacement to be performed at the Iowa City Water Treatment Facilities. These Plans and Specifications and Addendum are incorporated herein by this reference. {00217044.DOC } 1 3. KNUTSON shall perform the Work described in the Plans and Specifications and Addendum prepared by Howard R. Green Co. dated December 20, 2004 and January 12, 2005 without payment of any money or any other consideration from IOWA CITY or any promise of payment, other than the promises described in this Agreement. 4. KNUTSON reserves the right to dispute and claim that IOWA CITY is liable and responsible for payment to KNUTSON of the difference between the actual cost incurred by KNUTSON for the replacement of precast panels as required under the Plans and Specifications of Howard R. Green Co. dated December 20, 2004 and January 12, 2005, and the estimated cost of the repair to the panels proposed by Knutson. 5. IOWA CITY expressly denies and disputes that KNUTSON is entitled to reimbursement or payment for the difference between the actual cost incurred by KNUTSON for the replacement of precast panels as required under the Plans and Specifications of Howard R. Green Co. dated December 20, 2004 and January 12, 2005, and the estimated cost of the repair to the panels proposed by Knutson. 6. KNUTSON will reimburse IOWA CITY for actual costs incurred by IOWA CITY for the following expenses inclusive of all experts, consultants, engineers, architects, and attorneys as provided in the Contract Documents, in the following specific amounts, which are represented as inclusive of all amounts that IOWA CITY shall receive for any such payments for any such costs incurred through January 3, 2005. KNUTSON shall make the payment required by this paragraph thirty (30) days following IOWA CITY's adoption of a resolution pursuant to Iowa Code Section 573.15A that the Water Treatment Facilities Contract dated December 15, 1999 is 95% complete. Said payment shall be made at the same time IOWA CITY pays KNUTSON the full amount of its retainage less any amount IOWA CITY is required by statute to withhold for any claims .that are filed within that thirty (30) day period. Said payment by KNUTSON shall be due at that time regardless of whether any claims have been filed against the retainage and regardless of whether some or all of the retaiuage is withheld by IOWA CITY as required by statute because of the filing of claims. a. Wiss, Janney & Elstner $28,309.84 b. Howard R. Green Co. $50,831.33 c. Neumann Monson $135.00 d. Simmons, Perrine P.L.C. $11,676.30 e. Giese Roofing $5~455.00 f. TOTAL $96,407.47 {00217044.DOC} 2 7. IOWA CITY reserves all rights it has under its December 15, 1999 contract with Knutson to recover the costs of experts, attorneys, consultants, engineers, architects, or construction administration and observation incurred after January 3, 2005 related to the Rework Agreement or resolving the dispute over the cost of the new precast panels. 8. Neumann Monson Architects will have decision making authority over the issue of the suitability and satisfaction of IOWA CITY with the match, appearance, or aesthetics of the new precast panels purchased pursuant to this Agreement. KNUTSON shall use its best efforts to obtain a satisfactory match of the new precast panels with existing construction at the Water Treatment Facility. In the event that KNUTSON and Neumann Monson cannot agree as to whether the proposed replacement precast panels are a suitable or satisfactory match or have appropriate aesthetic appearance, a mutually agreeable neutral architect registered to practice in the State of Iowa shall be retained by the parties, sharing costs equally, for purposes of making a final decision about the appropriateness, suitability, and esthetic appearance of the proposed match and such determination shall be final and binding on the parties, provided that if IOWA CITY is not satisfied with said determination by the neutral architect, it may choose, at its discretion, to pay all costs relating to the removal and replacement of these precast panels and KNUTSON shall have the obligation to pay the cost of the panels that the agreed neutral architect determined to be acceptable. This provision shall not affect or limit the right of either party to dispute the obligation of the other for the difference between the actual cost incurred by KNUTSON for the replacement of precast panels as required under the Plans and Specifications of Howard R. Green Co. dated December 20, 2004 and January 12, 2005, and the estimated cost of the repair to the panels proposed by Knutson. 9. The retainage in the approximate amount of one hundred fifty eight thousand eighty dollars and 43/00s ($158,080.43) shall be handled as follows following the execution of this Agreement: IOWA CITY will pass a resolution on January.18, 2005 pursuant to Iowa Code Section 573.15A for the release of the retainage in the amount of one hundred fifty eight thousand eighty dollars and 43/00s ($158,080.43) after the thirty (30) day period required by the statute, less any amount IOWA CITY is required to retain under that statute for filed claims. At the expiration of this thirty (30) day period, IOWA CITY shall immediately pay KNUTSON the full amount of its retainage less any amount IOWA CITY is required by statute to withhold for any claims that are filed within the thirty (30) day period. { 00217044. DOC } 3 10. Except as specifically contained in this Agreement, no representation, promises or statements have been made by IOWA CITY or KNUTSON or by any of its directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, successors, heirs and assigns to the other parties nor has IOWA CITY or KNUTSON Or any of its respective directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, successors, heirs and assigns influenced the other parties in making and executing this Agreement. 11. KNUTSON shall pay its own costs of this Agreement, including its attorney fees and expenses. 12. Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, all of which shall constitute one and the same instrument and shall become effective when each party has delivered to the other this Agreement duly executed by all parties. 14. IOWA CITY, and KNUTSON admit that this Agreement is entered into voluntarily and is governed by the laws of the State of Iowa. The parties further agree that the Agreement is specifically enforceable in Iowa Courts and the parties agree that the only suitable venue for any action to enforce said agreement is the Courts of the State of Iowa. 15. The party or parties signing on behalf of each party represent and warrant that they have full authority to sign on behalf of that party. Except as specifically modified or amended by this Agreement, all terms and conditions of the original Contract Documents dated December 15, 1999, and the Plans and Specifichtions and Addendum of Howard R. Green Dated December 20, 2004 and January 12, 2005 are fully binding and in full force and effect. CITY OF IOWA CITY. Date: January 18, 2005 {00217044.DOC} 4 CLER~ OF CITY OF IOWA CITY Roger W~. S~nn e,//drne~y''~7 KNUTSON CONSTRUCTI/~/~N SERVICES, INC. Title: X/'t~ / &~ / Date: I/'~/O~ ,,~-A~or form and content by: Donald Thompson, Attorney ~. {00217044.DOC} 5 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. 05-38 RESOLUTION PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT {95%) OF THE WORK UNDER THE CONTRACT FOR THE IOWA CITY WATER FACILITIES IMPROVEMENT PROJECT HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA, WHEREAS, the City of Iowa City entered into a contract with Knutson Construction Services, Inc. for the construction of the Iowa City Water Facilities Improvements; and WHEREAS, amounts due under the contract have been retained for the payment of claims for materials and labor pursuant to Chapter 573, Code of Iowa; and WHEREAS, more than ninety-five percent (95%) of the work under the contract has been completed; and WHEREAS, Section 573.15(A), Code of Iowa, provides that a public corporation may release the retainage thirty (30) days after ninety-five percent (95%) of the work under the contract has been completed if no claims have been filed within said thirty-day period by persons or entities that have, under contract with the general contractor or with subcontractors, performed labor or furnished materials, service, or transportation in the construction of the public improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby finds that at least ninety-five percent (95%) of the work under the contract for the Iowa City Water Facilities Improvements Project has been completed. 2. Pursuant to Section 573.15(A), Code of Iowa, the City of Iowa City intends to release the remaining retainage thirty (30)days after this resolution has been passed and approved unless a claim or claims are filed as provided in Section 573.15(A). Passed and approved this 18th day of January ,20 05 . ATTEST: ~)~.¢~ ?~'- ~x-~j --~///L-. /-//-~/' CITY'CLERK City Attorney's Office Resolution No. 05-38 Page 2 It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. 05-39 RESOLUTION REPEALING RESOLUTION NO, 05-9, WHICH APPROVED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER TREATMENT PLANT ARCHITECTURAL PRECAST REPAIRS PROJECT, ESTABLISHED AMOUNT OF BID SECURITY, DIRECTED THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXED TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, the City of Iowa City has approved a Rework Agreement with Knutson Construction Services, Inc. for completion of the Water Treatment Plant Architectural Precast Panel Repairs; and WHEREAS, in light of said Rework Agreement it is no longer necessary to seek another contractor to make such repairs and Resolution No. 05-9 should be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 05-9 is hereby repealed. Passed and approved this 18th day of ,January ,20 05 · City Attorney's Office It was moved by Vanderhoef and seconded by Bai ] ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnelt X Vanderhoef X Wilburn eleanor/res/waterplant-repairs.doc