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Home My WebLink About2000-07-18 Resolution 07-t8-00 1 4c(8) RESOLUTION NO. 00-234 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 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: The Greenroom - 509 S. Gilbert Street It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon rollcallthere were: AYES: NAYS: ABSENT: Champion Kanner Lehman O' Donnell Pfab Vanderhoef Wilburn Passed and approved this 18th day of July ,20 00 . ,,' . , )11~# '~"~: ATTEST: ,~..L~c-.-z~.~ ,~_./' ~ ',/~-~-~.-,,' 2/2/. CITY CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319/356-5050 RESOLUTION NO. 00-235 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT IN ORDER TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City, Iowa, has been informed by Lexington Place Limited Padnership that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 1229 Shannon Drive, Iowa City, Iowa with a legal description as follows: Parcel 2 - 1.99 acres Commencing at the Southwest corner of Lot 53, of Walden Hills, in accordance with the Plat thereof Recorded in Plat Book 38, at Page 13, of the Records of the Johnson County Recorders Office; Thence N45°02'14"W, along the Westerly Line of said Lot 53, a distance of 295.12 feet, to the Point of Beginning; Thence continuing N45°02'12"W, along said Westerly Line, 413.68 feet; Thence N47°13'55"W, along said Westerly line, 84.06 feet, to the Northwest Corner thereof; Thence N43°00'15"E, along said North Line of said Lot 53, a distance of 70.73 feet; Thence N85°13'20'', along said North Line, 98-63 feet; Thence S04°46'33"E, 54.54 feet; Thence N89°15'07"E, 171.01 feet; Thence S65°29'48"E, 141.95 feet; Thence S34°15'24"W, 134.34 feet; Thence S30°00'00"E, 125.68 feet; Thence S60°00'00"W, 15.44 feet; Thence S44°57'46"W, 100.00 feet, to the Point of Beginning. Said tract of land contains 1.99 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, this housing project will contain 30 units; and WHEREAS, the units will be targeted to persons with disabilities and the elderly; and WHEREAS, the project will be a new construction; and WHEREAS, the property will have the following amenities: 1 . Handicap Accessible 2. Community Room 3. Common Serving Kitchen 4. Elevator 5. Laundry Facilities on Each Floor 6. Limited Access Entrance 7. Bulk Storage for Each Unit WHEREAS, the City Council determines that such a development will serve the public interest and the sponsor has requested local assistance and has been awarded funding through the City of Iowa City HOME Program. Resolution No. 00-235 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City City Council, that it supports the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until August 1, 2001. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this 18th day of ,]uly ,2000. OR Approved by It was moved by Champion and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ppdcdbg~res~exingtnpl .doc July 18, 2000 Low-Income Housing Tax Credit Program Iowa Finance Authority 100 East Grand Suite 250 Des Moines, IA 50309 Re: Lexington Place Limited Partnership 1229 Shannon Drive, Iowa City, Iowa Burns & Burns, L.C. 'Ladies and Gentlemen: This letter will verify that the City of Iowa City is in favor of and supports the above-described Project for construction in Iowa City. We understand that the Iowa Finance Authority will rely on the information contained in this letter to verify that the Project has local support. Sincerely, ~an, Mayor 410 IzASI WASItlNG'ION S'I'RI~ET · IOWA CllY. IOWA s2240 Ig2(, · 1~191 ~56-5000 · FAX (31'4~ Ise,-5009 Prepared by Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319/356-5050 RESOLUTION NO. A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT IN ORDER TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City, Iowa, has been informed by Lexington Place Limited Partnership that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 1229 Shannon Drive, Iowa City, Iowa with a legal description as follows: Parcel 2 - 1.99 acres Commencing at the Southwest corner of Lot 53, of Walden Hills, in accordance with the Plat thereof Recorded in Plat Book 38, at Page 13, of the Records of the Johnson County Recorder's Office; Thence N45°02'14"W, along the Westerly Line of said Lot 53, a distance of 295.12 feet, to the Point of Beginning; Thence continuing N45°02'12"W, along said Westerly Line, 413.68 feet; Thence N47°13'55"W, along said Westerly line, 84.06 feet, to the Northwest Corner thereof; Thence N43°00'15!'E, along said North Line of said Lot 53, a distance of 70.73 feet; Thence N85°13'20'', along said North Line, 98-63 feet; Thence S04°46'33"E, 54.54 feet; Thence N89°15'07"E, 171.01 feet; Thence S65°29'48"E, 141.95 feet; Thence S34°15'24"W, 134.34 feet; Thence S30°00'00"E, 125.68 feet; Thence S60°00'00"W, 15.44 feet; Thence S44°57'46"W, 100.00 feet, to the Point of Beginning. Said tract of land contains 1.99 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, this housing project will contain 30 units; and WHEREAS, the units will be targeted to persons with disabilities and the elderly; and WHEREAS, the project will be a new construction; and WHEREAS, the property will have the following amenities: 1. Handicap Accessible 2. Community Room 3. Common Serving Kitchen 4. Elevator 5. Laundry Facilities on Each Floor 6. Limited Access Entrance 7. Bulk Storage for Each Unit WHEREAS, the City Council determines that such a development will serve the public interest and the developer has requested local assistance and has been awarded funding through the City of Iowa City HOME Program. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City City Council, that it supports the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until August 1, 2001. In the event that any of th characteristics mentioned above should change prior to the issuance of a building permit, this re. on is null and void. Passed ~qd approved this day of ,2000. MAYOR Approved ,by CITY CLERK It was moved by and seconded ,b'y the Resolution be adopted, and upon roll call there were: ,.," AYES: NAYS: ;' ABSENT: Champion -' ' Kanner ,' Lehman O'Donnell Pfab Vanderhoef , Wilburn ppdcdbg~res~lexingtnpl .doc ~ \ 07 -18-00 4d(2) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-Z36 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 38 WEST SIDE DRIVE, IOWA CITY, IOWA WHEREAS, on July 22, 1997, the owners of 38 West Side Drive executed a Mortgage through the City's Downpayment Assistance Program for the amount of $1,723; and WHEREAS, the loan was paid off on June 14, 2000; 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 38 West Side Drive, Iowa City, Iowa from a Mortgage recorded on August 1, 1997, Book 2317, Page 289 through Page 292 of the Johnson County Recorder's Office. Passed and approved this 181:h day of Ju].y ,20 00 . AYOR ~ ~ Approved by ITY C~ty Attorney's Office It was moved by Champion and seconded by VandPrhnPf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/38westside.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 38 West Side Drive, Iowa City, Iowa, and legally described as follows: Unit 38, West Pointe III Condominiums, according to the declaration recorded in Book 2304, Page 25, Records of the Recorder of Johnson County, Iowa, together with a one- twelfth interest in the common elements from an obligation of the owners, Timothy M. and Carol A. Dettmer, to the City of Iowa City in the total amount of $1,723 represented by a Mortgage recorded on August 1, 1997, Book 2317 Page 289 through Page 292, 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. MAYOR STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ! a> day of f3o~'ls~ , A.D. 20 co:' , before me, the under- signed, a Notary Public in and r 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. ~--~7~F,, adopted by the City Council on the ! ~ day '~'c~ !, , 20 ~F~ and that the said Ernest W. Lehman and Marian K. Karr as such ,~fficers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. -c, sc ~qcl~-.r '~vtL/'7'' Notary Public in and for Johnson County, Iowa 07-18-00 4d(3) I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-237 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT '1209 HIGHLAND AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement, a Promissory Note and Mortgage in the amount of $25,000, executed by the owners of the property on March 17, 1995 recorded on March 21, 1995, in Book 1880, Page 54 through Page 65, and the City of Iowa City is also the owner and holder of another Promissory Note and Mortgage in the amount of $3,800, executed by the owners on March 17, 1995, and recorded on October 5, 1995, in Book 1979, Page 94 through Page 101 in the Johnson County Recorder's Office covering the following described real estate: Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa, except the south twenty-two (22) feet thereof, subject to easements and restrictions of record. WHEREAS, Iowa State Bank and Trust Company, has refinanced the first and second mortgage in the amount of $32,000 to the owner of 1209 Highland Avenue to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is requested the Agreement, Promissory Notes, and Mortgages held by the City be subordinated to the revised first mortgage entered in to accommodate Iowa State Bank and Trust Company; and WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said mortgage with Iowa State Bank and Trust Company which was the City's original position; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Company, Iowa City Iowa. Passed and approved this 18th day o~ly ~ Approved by ppdrehab/r'es/1209highlanddoc Resolution No. 00-237 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa Stste. B~n~ & Tr, lst Co. Of Iowa Cit~, Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain mnr~g~gpq which at this time is in the amount of $ 28,800 and were executed by .~,,.~,, N,-hring Edw~ra Neh.-4ng (herein the Owner), dated Mar~h 17 , 1995, recorded March ?1 , 19o~ , in Book ~880, Page 54 through 65 , and dated ~farch 21 1995 , recorded October 5 , 1995, in Book l<~TQ, ~age 9/., through !01, Johnson County Recorder's Office, covering the following described real property: Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa, except the south twenty-two (22) feet thereof~ subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $ 32,ann on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. - - 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the mo~'C~;a~es Of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 7th day of ,Wly ,20 nn Mayor By Dua ~ V~ce 2~es~de~C A~est: e~ se~, V~ce ~=es~de~t CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /E~ day of "T',.~ !~ , 20 Cv-~, before me, the undersigned, a Notary Public in and fo~ the State of Iowa, personally appeared d'r ~, ,~r,-l- u).1 ,olqn,,,n y~ and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in' (Ordinancs) (Resolution) No. oo-* 2 ~ 7 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the / ~ day of ~ 3 ~ !!~, , 20 b ,~ , and that ~_~r~-~_c,-J C,,). L~/,~ and Madan K. arr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa - - SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /7th day of July , A.D. 2000 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Duane T, . Sw~r~.Pnar,,~p~- and le~frey ]. Nielsen , to me personally known, who being by me duly sworn, did say that they are the Senior Vice Prccidcnt and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Du.ne T.. Swartzendruber and Jeffrey J. Nielsen 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. ppdcdbg~ubrdntnagtdoc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-238 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET PARKING RAMP LIGHTING IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Capitol Street Parking Ramp Lighting Improvements Project, as included in a contract between the City of Iowa City and Gerard Electric, Inc. of Iowa City, Iowa, dated February 8, 2000, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 181;h day of au'ly ,20 00 Approved by 's ffioe -ll-z o It was moved by Champ'i on and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Nodon x O'Donnell X Thornberry X Vanderhoef pwengVes~,.apstramp.doc 5/00 ENGINEER'S REPORT July 3, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Capitol Street Parking Ramp Lighting Improvements Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Capitol Street Parking Ramp Lighting Improvements Project has been completed by Gerard Electric Inc., of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $138,844.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ri'i~rdF~osse/~,p.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 , (319) 356-5000 , FAX (319) 356-5009 City of Iowa City MEMORANDUM Date:July 12, 2000 To:Steve Atkins From:Kim Johnsor~ Re:Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the July 18th Council meeting: 1) Capitol Street Parking Ramp Lighting Improvements Project Contractor: Gerard Electric, Inc. · Project Estimated Cost: $ 147,000.00 · Project Bid Received: $ 138,844.00 · Project Actual Cost: $ 138,844.00 Prepared by: Marilyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 00-239 RESOLUTION ACCEPTING THE WORK FOR THE OAKLAND CEMETERY PHASE ONE EXPANSION PROJECT. WHEREAS, the Parks and Recreation Department has recommended that the work for the Oakland Cemetery Phase One Expansion Project, as included in a contract between the City of Iowa City and Peterson Contractors of Reinbeck, Iowa, dated August 24, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ]8 th day o(~~~~,2~ Approved by It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn parksrec/resloakland3,doc Prepared by: Madlyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 00-240 RESOLUTION ACCEPTING THE WORK FOR THE KIWANIS PARK DEVELOPMENT AND TY'N CAE STORMWATER PROJECT WHEREAS, the Parks and Recreation Department has recommended that the work for the development of Kiwanis Park and modifications to the Ty'n Cae Stormwater Management Basin, as included in a contract between the City of Iowa City and Peterson Contractors of Reinbeck, Iowa, dated April 20, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of July ,20 0O OR Approved by It was moved by Charnpi nn and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn parksrec/res/~iwanis.doc 4e(1) Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $13,000,000 WATER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn, Champion, Kanner, Lehman, 0'Donnell Pfab, Vanderhoef NAYS: Nnn~ Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-241 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $13,000,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinaRer described; and, it is deemed necessary and advisable that said City should issue Water Revenue Bonds to the amount of not to exceed $13,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and plaee of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -6- NOW, THEREFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7: 00 o'clock L.M., on the 1 s t; day of Au.qust , 2000, for the purpose of taking action on the matter of the issuance of not to exceed $13,000,000 Water Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the water utility of the City. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $13,000,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 1st day of August, 2000, at 7:00 o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $13,000,000 Water Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the water utility of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 271h day of July, 2000. S/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 18th day of Julv .2000. ayor ATTEST: Clerk PGOODRICHX240386XI\10714059 -9- Council Member Champ i on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $12,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, A~{ES: Wilburn, Champion. Kanner, Lehman, O'DnnnPll Pfab, Vanderhoef NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 00-242 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $12,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinat~er described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of not to exceed $12,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7: 00 o'clock P__.M., on the 1 s t day of Auqust ,2000, for the purpose of taking action on the matter of the issuance of not to exceed $12,000,000 Sewer Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of extending, improving and equipping the sanitary sewer utility of the City. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $12,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HE~G ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 1st day of August, 2000, at 7:00 &clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $12,000,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of extending, improving and equipping the sanitary sewer utility of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 27th day of July, 2000. S/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 18th day of July .2000. Mayor ATTEST: Prepared by: John Yapp, Ass0c. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 RESOLUTION NO. 00-243 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN SOUTH PART 6, IOWA CITY, IOWA. WHEREAS, the owner, Glasgow-Williams Real Estate, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green South Part 6; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Village Green South Part 6, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certif,~' this resolution, which shall be affixed to the plat after passage and approval by law. roved by CI CLERK n ' -I It was moved by Champion and second tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn p~admiNreslvilg~.doc Prepared by: Robert Hiklo, Asosc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. 00-244 RESOLUTION APPROVING THE PRELIHINARY PLAT OF WASHINGTON PARK ADDITION, PART 11, IOWA CITY, IOWA. WHEREAS, the owner, Washington Park Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Washington Park Addition, Part 11; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Washington Park Addition, Part 11, ]ohnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Pa~ed and approved this 18th day of July ,2000. ity A~eOf~~ e i om ffi ppdadm/r~s~ashparkl 1 doc Resolution No. 00-244 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 00-245 RESOLUTION APPROVING FINAL PLAT OF WASHINGTON PARK ADDITION, PART 11, IOWA CITY, IOWA. WHEREAS, the owner, Washington Park Partners, filed with the City Clerk the final plat of Washington Park Addition, Part 11, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Northeast Quarter, of the Southwest Quarter, of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00°33'00"E, 30.00 feet to the North Right-of-Way of Washington Street, and the Point-of-Beginning; Thence N89°33'00"W, 408.44 feet along the North Right-of-Way line of Washington Street; Thence N00°27'00"E, 408.00 feet; Thence N89°33'00"W, 354.63 feet to the East Right-of-Way of Green Mountain Drive; Thence Northeasterly 51.31 feet, on a 290.65 foot radius curve, concave Southeasterly, and whose 51.24 foot Chord Bears N15°05'53"E; Thence Northeasterly 219.28 feet on a 417.85 foot Radius curve, concave Southeasterly, and whose 216.78 foot Chord Bears N36°24'33"E; Thence N51°26'36"E, 186.32 feet; Thence Northeasterly 218.86 feet, on a 4.30.00 foot Radius Curve, concave Northwesterly, and whose 216.51 foot Chord Bears N36°51'43"E, all along the Easterly Right-of-Way line of Green Mountain Drive; Thence S69°59'19"E, 371.75 feet; Thence S00°32'41"W, 193.94 feet; Thence S00°29'20"W, 606.06 feet to the Point-of-Beginning. Said tract of land containing 10.10 acres more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision t~as been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 000644 Resolution No. 00-245 Page 2 2. The City accepts the dedication of the easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 1Rfh day of July ,2000. CORPORATE SEAL It was moved by. Champion and seconded by Vande,'h_~ef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab × Vanderhoef X Wilburn 000645 STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUB00-0014 Date: June 1,2000 Washington Park Addition Part 11 GENERAL INFORMATION: Applicant: Washington Park Partners P.O. 2208 Iowa City, IA 52244 Contact person: John Cruise - 351-8181 Requested action: Final Plat Purpose: To allow the development of seven single-family lots and one OPDH lot for future development. Location: North of Washington Street and east of Green Mountain Drive. Size: 10.1 acres Existing land use and zoning: OPDH-8 Multi-Family Residential and Vacant (pending RS-5 zoning on 2.05 acres) Surrounding land use and zoning: North - RS-5-Residential East- RS-5-Residential South- RS-5-Residential West- PDH-8-Multi-Family Residential; RS-5-Single- Family Residential; P-Public- Pheasant Hill Park Comprehensive Plan: 2 to 8 dwelling units per acre File date: May 11,2000 45-day limitation period: June 25, 2000 60-day limitation period: July 18, 2000 When the required rezoning and preliminary plat are anticipated to be approved by City Council. SPECIAL INFORMATION: Public utilities: City water service and sewer service are available. Public services: Police and fire protection will be provided by the City. Municipal refuse and recycling service will be provided. Transportation: The Rochester transit route is located approximately 1/~ mile to the north. Physical Characteristics: Topography of this site is characterized by rolling terrain. The property generally slopes down from Green Mountain Drive. BACKGOUND: The Planning and Zoning Commission has recommended the approval of the preliminary plat and rezoning of the western 2.05 acres of the property from OPDH-8 to RS-5. These items are currently pending before the City Council. It is anticipated that the Council will approve the rezoning and preliminary plat by July 18. Council approval of the final plat could be scheduled for the same meeting. ANALYIS: The final plat is in general conformance with the pending preliminary plat and the City's subdivision code. The City Attorney's Office is reviewing the legal papers. The legal papers provide for the construction of sidewalks adjacent to lots 235 to 239 on Green Mountain Drive. The applicant has also agreed to construct a sidewalk on Green Mountain Drive adjacent to the existing Arborhill Condominiums in order to complete the sidewalk network in this neighborhood. The legal papers should address the payment of fees in lieu of open space for lots 229 to 235. If lot 236 is further developed in the future, neighborhood open space dedication or fees for that lot will be considered at that time. The Public Works Department is currently reviewing construction drawings. The construction plans and legal papers must be approved prior to Council consideration of the final plat. The Public Works Department has requested that the applicant illustrate the overland flow routes and easements for storm water management. This requirement should be satisfied prior to the Commission voting on the plat. STAFF RECOMMENDATION: Staff recommends that this application be deferred pending resolution of the storm water management issue. Upon resolution of the storm water issue staff recommends approval of the final pat of Washington Park Addition, Part 11, a 10.01-acre, 8-lot residential subdivision located east of Green Mountain Drive subject to approval of construction plans and legal papers prior to City Council consideration. DEFICIENCY/DISCREPANCY: Overland storm water routes and easements should be identified. ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: K Ijn, Director Department of Planning and Community Development ppdadmin~stfrep\00-0006rm .doc / ........... i ..........._'/' ~"' TUD,OR ~ DR~VE __ __~,j __~ DRIVE --O ' ' -- CONCORD ~-4 ~ ~" ANT' ,~ THEt~~/ ~ ~-- ~~ ROAD >R~ E. WASHINGTON ST. SITE LOCATION: Washington Park Addition, Part IISUB00-00014 Final Plat Washington Park Addition, Part 11 ...... Iowa City, Iowa PLAT PREPARED BY: OWHER~,,'~UBDIYTDERS OINE'R~ A~ : ME CONSULTA~ IN~ W~HING~N PA~ PA~ KI~EN H, ~RgY ~ ~.~ ~ IOWA C~. I01~ ~40 IO~A C~. IA 5~44-~ ~WA C~. IA ~40 '~"' --~ ~,'~,~ ~ ~ LEGEND AND NOTES -- ~.:~ '~- ~m~ ot IM ~thet ~ ol t~ N~th~t ~t~, of the ~thmt ~':w ~ ~fft~, Of ~t~ t2, T~ 79 N~th. em~ 6 ~t of the 5th ~C~ '~' ~ ~ ~t~ Steer, ~d t~ P~t-of-6~ ~ N89'~'~. 4~44 let ' dq the Nffth R~t-of-~y of ~M2tm Sttet: ~e N~T~'(, 4~ ~p ~ f~t; ~mce N89*~*~'W, ~4.63 let to the (oat Ri~ht-of-~y Of Cur~, C~COW S~thHst~fy, ond ~ose 51.24 f~t ChVd Be~s , t-2~s.W N15~*H"[; ~ce Nffth~t~y 219.28 fNt ~ o 417.~ f~t RO~s , c-2~t~ ' CmCN bthet~y, md ~N 216.78 f~t ~ffd IS N~4'~; ~mce ~ ~: ~ ~ N51~'H~, ~N.32 fel; ~ce Nvthet~y 218.H let, m · 4~.~ f~t R~s ~w, c~CM N~thmt~ly, ~d ~e 216.51 flit ~d Bers '~ ~ ~ N~11'43~, ~ ~9 the (at~y R~t-of-~y I~e of ~m M~ntok ~1~ 2~ ~e H919'19'(, 371.75 let: ~ce ~'32'41'W, 193.94 let: ~/ se K ~ S~g'20"W, 6~.N fet to the Poht-of-B~hnh~. Sold troct of I~d ~ ~7~ ~ : Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 ~ RESOLUTION NO. 00-246 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN SOUTH PART 5, IOWA CITY, IOWA. WHEREAS, the owner, Glasgow-Williams Real Estate, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green South Part 5; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Village Green South Part 5, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 18t, h day of ~~72000. ~ / Ove y Cii f It was moved by Vanderhoef and seconded by (')'rinnnpll the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehmsn X O'Donnell X Pfab X Vanderhoef X Wilburn ppdacimin/res/vilgr5.doc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 RESOLUTION NO. 00-247 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN XVIII- XX, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green XVIII-XX; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Village Green XVIII-XX, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. ved by It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ohampion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ppdadmin/re~/vilgrlB-20do~ Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 RESOLUTION NO. 00-248 RESOLUTION ESTABLISHING A SOLID WASTE MANAGEMENT ADVISORY COMMISSION FOR: THE CITY OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TER:MS, DUTIES, POWERS, AND AUTHOR:ITY OF SAID COMMISSION. WHEREAS, the City Council of the City of Iowa City, deems it in the public interest that it establish the Solid Waste Management Advisory Commission for the City of Iowa City, Iowa, to assist the City Council in addressing solid waste management regulations and policy. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. There is hereby established for the City of Iowa City, Iowa, a Solid Waste Management Advisory Commission. 2. The Solid Waste Management Advisory Commission of the City of Iowa City, Iowa, shall consist of seven (7) members or commissioners appointed by the City Council. All members of the Commission shall be qualified electors of the City of Iowa City, Iowa, and shall serve as such members or commissioners without compensation but shall be entitled to the necessary expenses incurred in the discharge of their duties. 3. All members shall serve for a term of three (3) years. However, in order to stagger the terms, two (2) members shall initially be appointed to three (3) year terms, two (2) members shall be appointed to two (2) year terms and three (3) members shall be appointed to one (1) year terms. 4. The Commission shall investigate, study, review, and analyze solid waste management and recycling issues and shall develop recommendations pertaining to programs and policies relating to solid waste and recycling. 5. The Commission shall report their recommendations to the City Council. 6. The Commission shall select its own chairman and shall adopt a set of By-Laws which they deem necessary and advisable for the conduct of the business of the Commission, subject to the ordinances and rules of the City of Iowa City, Iowa. 7. The Johnson County Council of Governments Solid Waste Management Planner shall be the assigned staff liaison for the Commission. 8. The Commission shall be subject to the authority of the City Council of the City of Iowa City, Iowa, and shall undertake such duties as are delegated to the Commission, with all final authority over the administration, projects, regulation, and ordinances being retained and exercised by the City Council of the City of Iowa City, Iowa. Resolution No. 00-248 Page 2 Passed and approved this 18th day of ~lu] y ,20 OO · CI City Attorney's Office It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn tccogsw/res/swmac.doc Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 3~i~-5235 RESOLUTION NO. RESOLUTION ESTABLISHING A SOLID WASTE MANAGEMENT ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA, ANDjESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS, AND AUTHORITY OF SAID COMMISSION. WHEREAS, the City Council of the City of Iowa City, deems it~n the public interest that it establish the Solid Waste Management Advisory Commission for/~he City of Iowa City, Iowa, to assist the City Council in addressing solid ~NN.~C waste management r gulations and policy. NOW THEREFORE BE IT RESOLVED BY THE CITY C IL OF THE CITY OF IOWA CITY, IOWA, that: / 1. There is hereby established for the City of Iowa C')t/yy, Iowa, a Solid Waste Management Advisory Commission. 2. The Solid Waste Management Advisory of the City of Iowa City, Iowa, shall consist of nine (9) members or ~oi'nted by the City Council. All members of the Commission shall be qualified the City of Iowa City, Iowa, and shall serve as such members or commissioners with, compensation but shall be entitled to the necessary expenses incurred in the disch~ e of their duties. 3. All members shall serve for a term ol (3) years. However, in order to stagger the terms, four (4) members shall initia be appointed to three (3) year terms, three (3) members shall be appointed to two year terms and two (2) members shall be appointed to one (1) year terms. 4. The Commission shall study, review, and analyze solid Waste management and recycling issues and shall !lop recommendations pertaining to programs and policies relating to solid waste and re~ 5. The Commission shall re recommendations to the City Council. ,,. 6. The Commission shall its own chairman and shall adopt a set of By-L~s which they deem necessary and for the conduct of the business of the Commition, subject to the ordinances rules of the City of Iowa City, Iowa. ", 7. The Johnson Co Council of Governments Solid Waste Management Planne';~,shall be the assigned liaison for the Commission. 8. The Commi., shall be subject to the authority of the City Council of the City of Iow~a City, Iowa, and ~hall undertake such duties as are delegated to the Commission, with all final authority over the administration, projects, regulation, and ordinances being retained and exercised by the City Council of the City of Iowa City, Iowa. Resolution No. Page 2 Passed and approved this day of ,20 / / / MAYOR / A ved by ATTESTalTY CLERK City Attorney' e / / It was moved by and seconded by /'/ the Resolution be adopted, and upon roll call there were: /," YEs: N YS: / / / Champion /' Kanner ."" Lehman / ,/ O'Donnell /' / Pfab / / Vanderhoef / Wilburn ~sw/r~ac.d~ Council Member Wi I burn then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY", and moved that the same be adopted. Council Member 0' Donne] ] seconded the motion to adopt. The roll was called and the vote was, AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 00-249 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City and the rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Sycamore and First Avenue Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and -2- WHEREAS, this proposed Urban Renewal Area includes and consists of: Commencing at the Southeast comer of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest comer of the Northeast quarter of Section 23; thence 66 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastem comer of Johnson County Auditor's Parcel 10-14-386-003, thence 66 feet to a point perpendicular on the Eastem Right-of-Way line of Sycamore Street; thence Northe~y along the Eastem Right-of-Way line of Sycamore Street to the Northwestern comer of Johnson County Auditor's Parcel 10-14-457-003; thence Easte~y 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southem Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Westem comer of Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly 223.82 feet to the Northem comer of said parcel; thence Southeasterly 40 feet to the Eastem comer of said parcel; thence Northeasterly along the property line of Johnson County Auditor' s Parcel 10-14-452-002 to its Northern comer; thence Southeasterly 150 feet along the property line of said parcel to its Eastem comer; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern comer and the Northem Right-of-Way line of Lower Muscatine Road. Thence Southeaste~y along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastern line of Section 14 to the Northwest comer of Johnson County Auditor's Parcel 10-13-353-002; thence Easte~y 176 feet to the Eastern property line of said parcel; thence Southwesterly along the -3- Eastem property line of Parcel 10-13-353-002 to it's Southeast comer; thence Northwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast comer of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southwesterly 988.76 feet to the Northern Right-of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and the Northeastern comer of Johnson County Auditor's Parcel number 10-23-105-003; thence Southwesterly 157.9 feet to the Northem Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northem Right-of-Way line of U.S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right-of-Way of U.S. Highway 6 to the intersection of the Western Right-of-Way line of Sycamore Street and the Northem Right-of- Way line of U.S. Highway 6, to the Point of Beginning. WHEREAS, the Iowa statutes require the City Council to submit the proposed Sycamore and First Avenue Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Sycamore and First Avenue Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Sycamore and First Avenue Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Sycamore and First Avenue Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, -4- which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW THEREFOE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Sycamore and First Avenue Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 24 t h day of d u ] y ,2000, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa at 10 o'clock __~.M., and the Economic Development Coordinator is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Sycamore and First Avenue Urban Renewal Plan, said notice to be in substantially the following form: -5- NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as amended, commencing at 10 o'clock A.M. on duly 24 ,2000, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa concerning a proposed Sycamore and First Avenue Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Sycamore and First Avenue Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 18th day of duly ,2000. City Clerk, Iowa City, Iowa (END OF NOTICE) -6- Section 3. That a public hearing shall be held on the proposed Sycamore and First Avenue Urban Renewal Plan before the City Council at its meeting which commences at 7 o'clock P .M. on Aug u s t 15 ,2000, in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the Press Citizen. once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: -7- (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7 o'clock P__.M. on/~ugust 15 ,2000 in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa to consider adoption of a proposed Sycamore and First Avenue Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: Commencing at the Southeast corner of the Noaheast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Noaheast quarter of Section 23 to the Southwest corner of the Noaheast quarter of Section 23; thence 66 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Westem Right-of-Way line of Sycamore Street to the Southeastern corner of Johnson County Auditor's Parcel 10-14-386-003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of-Way line of Sycamore Street to the Noahwestern corner of Johnson County Auditor's Parcel 10-14-457-003; thence Easterly 147.61 feet to an angle point of said Parcel; thence Noaheasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Museatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Westem corner of Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly 223.82 feet to the Nonhem corner of said parcel; thence Southeasterly 40 feet to the Eastern corner of said parcel; thence Noaheasterly along the property line of Johnson County Audi~tor's Parcel 10-14-452-002 to its Northern corner; thence Southeasterly 150 feet along the property line of said parcel to its Eastern corner; thence -8- Southwesterly 224.9 feet to the intersection of said parcel's Southern comer and the Northern Right-of-Way line of Lower Muscatine Road. Thence Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Noaheasterly. 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastern line of Section 14 to the Noahwest comer of Johnson County Auditor's Parcel 10-13-353 -002; thence Easterly 176 feet to the Eastern properly line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer; thence Noahwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast comer of the Johnson County Auditor's Parcel described as 10-23-103, 001 through 029, then Southwesterly 988.76 feet to the Northern Right-of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southem Right-of-Way line of Lower Muscatine Road and the Northeastern comer of Johnson County Auditor's Parcel number 10-23-105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line of U.S. Highway 6 to the intersection of the Westem Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right-of-Way of U.S. Highway 6 to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of- Way line of U. S. Highway 6, to the Point of Beginning. which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. -9- The City of Iowa City, Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. The general scope of the urban renewal activities under consideration in the Plan is to rehabilitate, conserve and redevelop land, buildings and other improvements within such area. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes no specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this 271h day of dul ~ ,2000. City Clerk, Iowa City, Iowa (End of Notice) -10- Section 5. That the proposed Sycamore and First Avenue Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Sycamore and First Avenue Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Sycamore and First Avenue Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within thirty (30) days of the date hereof. PASSED AND APPROVED this 18th day of July ,2000. ATTEST: P GOODRICHX241249\ 1 \ 10714060 -11- Exhibit A Sycamore and First Avenue Urban Renewal Plan Table of Contents Section I - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions Section 5 - Land Use Section 6 - Relocation of Families Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Description Addendum No. 2 - Sycamore and First Avenue Urban Renewal Project Area Map \\citynt\dschoon$\~les\prspct~sycamore first avenue plan~sycamore first avenue urp.doc 2 Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well-being vision. The goals outlined in the Comprehensive Plan are: · Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; · Increase employment opportunities consistent with the available labor force; · Provide and protect areas suitable for future industrial and commercial development; · Cooperate with local and regional organizations to promote economic development within Iowa City; · Improve the environmental and economic health of the community through the efficient use of resources; and · Consider financial incentives and programs to facilitate achieving the above goals. In recent years, vacancy rates have increased in certain commercial areas of the community due to the proliferation of new commercial areas in the Iowa City retail trade area. The Sycamore and First Avenue Urban Renewal Area (referred to hereafter in this Plan as the Urban Renewal Project Area) is one of those areas that has experienced a significant increase in its vacancy rate. The Iowa City Comprehensive Plan calls for encouraging commercial activity to take place in existing core areas or neighborhood commercial centers and to discourage the proliferation of new major commercial areas. To assist with ensuring that this existing commercial area remains competitive with newer commercial areas in the metropolitain area, the City intends to make available the use of tax increment financing as a means to help finance the construction of some of the necessary private and/or public infrastructure improvements within the Sycamore and First Avenue Urban Renewal Plan Area. In addition, the City will make available the use of tax increment financing to provide rebates for qualifying businesses or development projects within the Urban Renewal Project Area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 1999 Code of Iowa, as amended. u:\~les\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 3 Urban Renewal Plan Objectives The overall goal of the Sycamore and First Avenue Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for retail, office, and other commercial uses. The following objectives have been established for the proposed Urban Renewal Project Area: · To encourage the revitalization of commercial activity in the Urban Renewal Project Area, in particular the revitalization of retail, theaters, restaurants, and business and personal service establishments. · To expand the taxable values of property within the Urban Renewal Project Area. · To provide for the orderly physical and economic growth of the city. To make public improvements as deemed necessary by the City to support commercial activity within the Urban Renewal Project Area. · To provide financial incentives and assistance to qualifying development projects and businesses. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. The location and general boundaries of the Sycamore and First Avenue Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Sycamore and First Avenue Urban Renewal Project Area. This area is approximately 67 acres. Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site improvements, public infrastructure improvements, and financial incentives to encourage office, retail, and other commercial developments. Private Site Improvements Site improvements may include, but are not limited to, design and construction of buildings and building additions, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, stormwater management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements. Tax increment financing may be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. \\citynt\dschoon$\files\prspct\sycamore first avenue planLsycamore first avenue urp.doc 4 Financial Incentives At the City Council's discretion, tax increment financing may be available in the form of TIF rebates for those qualifying businesses and development projects allowed in the Community Commercial (CC-2) Zone. TIF rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses and development projects shall be determined by the City Council on a case by case basis. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City" and on additional performance criteria the Council finds appropriate on a case by case basis. These performance criteria may include, but are not limited to, how a project revitalizes retail establishments, theaters, restaurants, and business and personal service establishments in the Urban Renewal Project Area, the extent of a project's physical improvements, timeliness of project's completion, and financial considerations of a project. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is located in the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Project Area as appropriate for General Commercial uses. Current Zoning The Project Area's present zoning designation of CC-2, Community Commercial Zone is consistent with this Urban Renewal Plan and with the Iowa City Comprehensive Plan. Current and Proposed Land Uses The current land uses consist of commercial and commercial residential uses - See Addendum No. 3. The proposed land uses include retail, office, and other commercial and residential uses permitted in the Community Commercial Zone. Relocation of Families Though the Sycamore and First Avenue Urban Renewal Plan does not anticipate the need to relocate families, in the event that such needs arise the City has considered provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. Upon such consideration, the following shall be provided under the Sycamore and First Avenue Urban Renewal Plan: Benefits Upon the City's verification of a property owner's eligibility for tax increment financing, qualified tenants in the designated Urban Renewal Project Area shall be compensated by the property \\citynt\dschoon$\~les\prspctLsycamore first avenue plan~sycamore first avenue urp.doc 5 owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax increment financing. Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Urban Renewal Project Area where the person or family has occupied the same dwelling unit continuously for twelve months prior to the City making tax increment financing available to a project within the Urban Renewal Project Area. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. \\citynt\dschoon$\~les~prspctLsycamore first avenue plan~sycamore first avenue urp.doc 6 Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obligation Debt by Issue 6-30-99 Issue Original Final Principal Date Amount Interest Rates Maturity Outstanding Notes 1989 2,960,000 5.9%-6.1% 6/00 300,000 (1) 1990 2,300,000 5.7%-6.2% 6/01 450,000 (2) 1991 2,340,000 5.4%-5.6% 6/02 675,000 (3) 1992 4,870 000 4.45%-5.50% 6/02 1,365,000 (4) 1992 3,450 000 4.75%-5.20% 6/07 2, 135,000 (5) 1994 7,370 000 4.6%-4.7% 6/04 3,625,000 (6) 1995 8,500 000 4.8%-5.125% 6/07 5,660,000 (7) 1996 6,100 000 3.6%-5.5% 6/15 5,500,000 (8) 1996 295 000 4.2%-5.0% 6/01 130,000 1997 5,200 000 4.5%-4.7% 6/07 4, 150,000 1997 5,540 000 4.875%-5.0% 6/17 5,250,000 (9) 1998 8,500,000 4.35%-4.75% 6/13 7,925,000 1999 9,000,000 4.125%-4.75% 6/18 9,000,000 Total $46,165,000 (1) 41% abated by sewer revenues. (2) 14.95% abated by water revenues and 38.44% abated by sewer revenues (3) 9.40% abated by sewer revenues. (4) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (5) 100% abated by parking revenue. (6) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (7) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (8) 72.89% abated by water revenues. (9) 100% abated by water revenues. \\citynt\dschoon$\~les\prspctLsycamore first avenue plan%sycamore first avenue urp.doc 7 Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness." Debt Limit Computation Total Assessed Actual Valuation $2,416,782,699 Legal Debt Limit of 5% of 1998 Assessed Actual Value $120,839,135 Debt Chargeable Against Limit $46,165,000 Legal Debt Limit Available $74,674,135 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements. The proposed amount of indebtedness to be incurred for public infrastructure improvements under this Urban Renewal Plan, including loans, advances, indebtedness, or bonds which qualify, could equal approximately $1 million over the 20 year period of the Urban Renewal Plan. \\citynt\dschoon$\~les\prspct%sycamore first avenue plan%sycamore first avenue urp.doc 8 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 1999 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. * A Resolution of Necessity was adopted by the City Council on 2000. This Resolution of Necessity declares the area encompassed by ihis Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of office, research, production and/or assembly park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. * A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (1997), was adopted by the City Council on ,2000 Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1997 on December 1997 Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1997 * The Planning and Zoning Commission recommendation was forwarded to the City Council on ,2000 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on , 2000. The notice was mailed by regular mail on ,2000. Provision Representatives of the affected taxing districts may make written \\citynt\dschoon$\files\prspct\sycamore first avenue plan~sycamore first avenue urp.doc 9 recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were (were not) received from the affected taxing districts by ,2000, which was seven days following the date of the consultation. * On , 2000, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal Plan document pursuant to state law was held on , 2000. The public notice was published , 2000, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1997. * On ,2000, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1997, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. \\citynt~dschoon$\~les\prspc6sycamore first avenue plan~sycamore first avenue urp.doc 10 Addendum No. I - Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Commencing at the Southeast corner of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest corner of the Northeast quarter of Section 23; thence 66 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastern corner of Johnson County Auditor's Parcel 10-14-386-003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of- Way line of Sycamore Street to the Northwestern corner of Johnson County Auditor's Parcel 10- 14-457-003; thence Easterly 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Western corner of Johnson County Auditor's Parcel 10-14- 452-004; thence Northeasterly 223.82 feet to the Northern corner of said parcel; thence Southeasterly 40 feet to the Eastern corner of said parcel; thence Northeasterly along the property line of Johnson County Auditor's Parcel 10-14-452-002 to its Northern corner; thence Southeasterly 150 feet along the property line of said parcel to its Eastern corner; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern corner and the Northern Right-of-Way line of Lower Muscatine Road. Thence Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastern line of Section 14 to the Northwest corner of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176 feet to the Eastern property line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast corner; thence Northwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast corner of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southwesterly 988.76 feet to the Northern Right- of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and the Northeastern corner of Johnson County Auditor's Parcel number 10-23-105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the NorthernRight-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line of U.S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right- of-Way of U.S. Highway 6 to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning. u:\~les\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 11 I Addendum2 CITY OF f~9tfA CITY 0 r,D : JCE CT ~ / / . .,,r" Sycamore/First Avenue Urban Renewal Area Addendum3 CITY OF [0~ CITY JCE CT ' ' ' - '- Residential D ~~ Sycamore/Fkst Avenue Urban Renewal ~ea E~STING L~D USES Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well-being vision. The goals outlined in the Comprehensive Plan are: · Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; · Increase employment opportunities consistent with the available labor force; · Provide and protect areas suitable for future industrial and commercial development; · Cooperate with local and regional organizations to promote economic development within Iowa City; · Improve the environmental and economic health of the community through the efficient use of resources; and · Consider financial incentives and programs to facilitate achieving the above goals. In recent years, vacancy rates have increased in certain commercial areas of the community due to the proliferation of new commercial areas in the Iowa City retail trade area. The Sycamore and First Avenue Urban Renewal Area (referred to hereafter in this Plan as the Urban Renewal Project Area) is one of those areas that has experienced a significant increase in its vacancy rate. The Iowa City Comprehensive Plan calls for encouraging commercial activity to take place in existing core areas or neighborhood commercial centers and to discourage the proliferation of new major commercial areas. To assist with ensuring that this existing commercial area remains competitive with newer commercial areas in the metropolitain area, the City intends to make available the use of tax increment financing as a means to help finance the construction of some of the necessary private and/or public infrastructure improvements within the Sycamore and First Avenue Urban Renewal Plan Area. In addition, the City will make available the use of tax increment financing to provide dircct grants, loans, or rebates for qualifying businesses or development project within planning to Iocatc in the Urban Renewal Project Area. To achieve the primaF'y objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 1999 Code of Iowa, as amended. \\citynt\dschoon$\~les\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 3 City of Iowa City MEMORANDUM Date: July 12, 2000 To: City Council 'ent C rdina~ From: Steve Atkins City Manager David Schoo'n, Economic Developm Re: Sycamore and First Avenue Urban Renewal Plan Since MGD, LC. acquired Sycamore Mall earlier this year, staff has been in contact with the MGD principals (Gerry Ambrose, Greg Apel, David Hodge, Mike Hodge, and Dean Oakes) discussing how the City may be able to assist with the commercial revitalization of Sycamore Mall. As the attached letter to the developer's attorney outlines, the City and the developer have explored a couple of mechanisms to assist with the project, tax increment financing (TIF) and property tax exemption. The developers have chosen a TIF rebate and requested that the City Council begin the process of establishing the necessary mechanisms that would allow the City to provide the Sycamore Mall project a TIF rebate. On your July 18 agenda is a resolution determining the necessity for and setting dates of a consultation and a public hearing on a proposed Sycamore and First Avenue Urban Renewal Plan. As the attached time schedule indicates, this is only the first step in a long process. The most critical step in providing the TIF rebate will be the developer's agreement between the City and MGD. This agreement will provide the details regarding the provision of the TIF rebate and the City's expectations of the developer. Though the developers are still in the process of finalizing their plans for the mall and continue to work on leases with potential tenants, they have indicated that their overall plan is to rejuvenate Sycamore Mall into a dynamic retail shopping area consisting of a combination of retail establishments, restaurants, business and personal service establishments, and movie screens. Complementing the retail shopping experience could also be some office uses. It will be important for us at the City to remember that the revitalization of Sycamore Mall will be a work in progress. Any agreement will need to provide t~e developer with flexibility as they renovate and fill the mall with tenants. At your July 17 work session we will discuss with you in greater detail the TIF rebate and the Sycamore Mall project. Cc: Kirsten Frey Ken Hayhie u:\~les\prspct\sycamore first avenue plan\council 0718.doc July 10, ~000 Kirsten Frey 920 S Dubuque Street Iowa City, IA 52240 Dear Kirsten The purpose of this letter is to follow up our conversation regarding the use of tax increment financing and property tax exemption for Sycamore Mall. As we discussed, our bond counsel has indicated the difficulties of using traditional tax increment financing for a project such as yours, that is one which does not require public infrastructure improvements, for which TIF financing is typically used. However, a property tax rebate using the TIF mechanism would appear to be a more appropriate tool for the City to use in place of more traditional tax increment financing. Under the TIF rebate mechanism, your clients would pay their property taxes on the added value of improvements just like they would under traditional tax increment financing. Annually, your clients would then need to demonstrate that the project meets a pre-determined set of performance criteria, which the City and your clients would agree to in a negotiated developer's agreement. Attached you will find a draft outline of such performance criteria. If the project meets the performance criteria, the project receives a rebate on the non-debt service levy portion of the property taxes paid. As we discussed, a rebate of seven years would appear to be appropriate for a project of this nature. The savings from a seven-year TIF rebate would equal approximately $180,000 per $1 million of taxable property value added to the site. Attached you will find time schedules for establishing either property tax exemption or the TIF rebate. Given state code requirements and the Council's typical meeting schedule, the property tax exemption establishment process would take longer than the TIF establishment process. This is different than what we indicated at the meeting this morning. However, this schedule could be shortened to approximately the same time schedule as the TIF rebate establishment process, if the Council held special meetings to act on this issue. The Council Economic Development Committee has indicated their desire to have the Council act expeditiously on items of importance and benefit to businesses in southeast Iowa City, so I would expect that special Council meetings would be in line. We need to know early next week which financial assistance tool, property tax exemption or TIF rebate, your clients wish to use in order to begin either process at the Council's July 18 meeting. In order to complete the appropriate documents in time for the Council's July 18 meeting, we need a response from your or your clients by the end of the day on Tuesday, July 11. 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX {319) 356-5009 Given that our discussions to date have focused on the use of tax increment financing, I am attaching a copy of a draft urban renewal plan for your review and comment. If you have any questions, please feel free to call David Schoon, 356-5236, or me, 356-5010. Sincerely, City Manager Attachment Cc: Ken Haynie Karin Franklin David Schoon Kevin O'Malley Sarah Holecek Example Time Schedule* Sycamore First Avenue Area Urban Renewal Plan & Tax Increment Financin_cl Ordinance Meetin~q Date Action Tuesday · City Council considers resolution of necessity and resolution setting a public hearing July 18 on the urban renewal plan for August 15 Thursday · Prior to public hearing on plan, the Planning and Zoning Commission reviews and July 20 or submits a written recommendation to City Council regarding the urban renewal plan August 3 (Commission has thirty days in which to make its recommendation). · Consultation with affected taxing bodies (community college, county, and school district). Monday · Prior to public hearing on plan, a City representative holds a consultation July 24 with affected taxing bodies regarding the urban renewal · Affected taxing bodies may make written recommendations for modification Monday, to the proposed division of revenue no later than seven days following the July 31 date of the consultation. · The City shall, no later than seven days prior to the public headng on the Monday, urban renewal plan, submit a written response to the affected taxing entity August 8 addressing the recommendations for modification to the proposed division of revenue. Tuesday · City Council holds a public hearing on the urban renewal plan. August 15 · City Council adopts resolution approving urban renewal plan. · City Council gives first consideration of TIF ordinance. · City Council sets a public hearing for September 19 on a resolution entedng into a developer's agreement for the Sycamore Mall project. Tuesday · City Council gives second consideration of TIF ordinance. September 5 · City Council holds a public hearing on a resolution entering into a developer~s agreement for the Sycamore Mall project. Tuesday · City Council passes and adopts TIF ordinance. September 19 · City Council approves resolution entering into a developers agreement for the Sycamore Mall project. · Assumes schedule follows regular council meeting dates; city council could hold special council meetings and could combine and wave readings to expedite the process. Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for economic well-being for the residents,.of Iowa City and outlines the goals the community strive to achieve in order to attain its ecOqomic well-being vision. The goals outlined in th Plan are: · Diversify and increase the property tax base by encouraging the retention and expansion off,existing industry and (2) attracting that have growth potential and are compatible with existing businesses; · Increase employment opportunities consistent wi the available labor force; · Provide and protect, areas suitable for future strial and commercial development; · Cooperate with Iocal~ and regional organiza ~ns to promote economic development within Iowa City; ° Improve the environmental and economic of the community through the efficient use of resources; and · Consider financial incentives ~nd prograr to facilitate achieving the above goals. \ In recent years, vacancy rates have in certain commercial areas of the community due to the proliferation of new in the Iowa City retail trade area. The Sycamore and First Avenue Urban I Area (referred to hereafter in this Plan as the Urban Renewal Project Area) is one of areas that has experienced a significant increase in its vacancy rate. The Iowa City Comprehensive Plan cal ~uraging commercial activity to take place in existing core areas or neighborhood ;nters and to discourage the proliferation of new major commercial areas. To with uring that this existing commercial area remains competitive with newer comr ._,rcial areas metropolitain area, the City intends to make available the use of tax incr~ ~nt financing as means to help finance the construction of some of the necessary prival and/or public improvements within the Sycamore and First Avenue Urban Plan Area. addition, the City will make available the use of tax increment financin~ to provide direct ~, loans, or rebates for qualifying businesses planning to locate in th Urban Renewal Project To achieve the primary objective of this Plan, the City of shall undertake the urban renewal actions as specified in is Urban Renewal Plan, pursu~ to the powers granted to it under Chapter 403 of the 1999 of Iowa, as amended. \\citynt\dschoon$\files\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 3 Addendum No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Commencing at the Southeast corner of the Northeast quarter Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson Auditor's Office; thence West along t South line of the Northeast quarter of Secti, 23 to the Southwest corner of the Northeast arter of Section 23; thence 66 feet to a ,t perpendicular on the Western Right-of-Way line f Sycamore Street, thence Northerly - said Right-of-Way line to the ~niW:ersect~on of the estern R~ght-of-Way Ipine of ~'c~ Street and the Northern R~ght-of- ay line' of . . ' 6, ~hich is the oint of e~ ' Thence Northerly along th"~, Western Rig of Sycamore Street to the Southeastern corner of Joh~ on County Auditor' 10-14-386-003, thence 66 feet to a · ' ' of Sycamore Street; thence Northerly Johnson County Auditor's Parcel thence Easterly 147.61 feet to an angle point of said Parcel; thence North, feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Road; thence 66 feet to a point perpendicular on the Northern Ric ay line of Lower Muscatine Road; thence Southeasterly along the Northern Rigt line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Dr./ve; nce Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall rive to Southern Right-of-Way line of the Iowa / Thence South along the East~n line of Section the Nodhwest corner of Johnson Coun~ Auditor's Parcel 10-1~-353-002; thence 176 feet to the Eastern properly line of said parcel; thence Sout~esterly along the ~rope~y line of Parcel 10-13-353- 002 to it's Southeast cornS; thence Noahwesterly to line of Section 23; thence South along the Eastern ~ne of Section 23 to the Southe~ corner of the Johnson CounW Auditor's Parcel described as 10-23-103, 001 through ~en Southwesterly 988.76 feet to the No~hern Right-flY-Way line of Lower Muscatine Road said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of L Muscatine Road and the Noaheastern corner~f Johnson County Auditor's Parcel 10-23-105-003; thence Southwesterly 157.9 feet to the Nodhern Right-of-Way line of Highway 6; thence Noahwesterly 307~82 feet to the intersection of the No~hern Rk line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; prc' ~g across the First Avenue Right-ofTWay along the No~hern Right-of-Way line of U.S. 6 to the intersection of the Western Right-of-Way line of First Avenue and the Right-of-Way line of U.S. Hi~way 6; thence Westerly along the Nodhern Rig of U.S. Right-of-W~ of U.S. Highway 6 to the intersection of the Western Right-of-Wa~ine of Sycamore ~treet and the No~hern Right-of-Way line of U.S. Highway 6, to the Po~t of Beginning. \\citynt\dschoon$\~les\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 11 Addendum2 CITY OF IOB~A CIT: ~ Addendure3 CITY Of/OIVJ CITY / II ....... / ~ / " """\" .....- ~ Commercial/ ' ~,,~,,,,,,;',)?,~ --- Residential C ' / .... ' " ..... r ....... . ,' / "'"" Sycamore/First Avenue Urban Renewal ~ea ~ EXISTING I,~D USES o7-;-oo'-~ Council Member then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, ,AYES: NAYS: ", Whereupon, the MaWr declared the duly adopted as follows: NO. RESOLUTION AND SETTING DATES O[ AND A PUBLIC HEARING O1~ SYCAMORE AND FIRST AVENUE URBAi', PLAN FOR A PROPOSED URBAN AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found that one or more economic development areas, as defined in 403, Coc of Iowa, exist within the City and the rehabilitation, conservation, ~lopment, deve ~ment, or combination thereof, of the area is necessary in the interestpublic health tfety, or welfare of the residents of the City; and WHEREAS, this Council reasonable cause to that the area described below satisfies the eligibility for designation as an area under Iowa law and has caused there to be a proposed Sycamore an Urban Renewal Plan for the area which proposed Plan i~ attached hereto as Exhibit A; and -2- WHEREAS, this proposed Urban Renewal Area includes and consists of: Commencing at the Southeast comer of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor' s Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest comer ol Northeast quarter of 23; thence 66 feet to a point perpendi~ar on the Westem Right-~ .Way line of Sycamore Street, thenc~ along said Right-of-Way intersection of the Westem .ght-of-Way line of Sycamore Street Northem Right-of-Way of U.S. Highway 6, which is the Point Thence Northerly ght-of-~ line of Sycamore Street to the Southeastem comer Parcel 10-14-386- 003, thence 66 feet to a point I~endicularthe Eastem Right-of-Way line of Sycamore Street; the Eastem Right-of-Way line of Sycamore Street to the comer of johnson County Auditor' s Parcel 10-14-457-003; 147.61 feet to an angle point of said Parcel; thence 413.83 feet; thence Northerly 57.36 feet to the Southem Ri e of Lower Muscatine Road; thence 66 feet to a point Northern Right-of-Way line of Lower Muscatine Road; thence along the Northern Right- of-Way line of Lower Muscatine toRight-of-Way line of Mall Drive; thence 1533.09 feet the Northern Right- of-Way line of Mall Drive to Ri line of the Iowa Interstate Railroad; thence So along said line to its intersection with the Eastern .ne of Section 14. Thence South along the E line of Section 14 to the comer of Johnson County Parcel 10-13-353 -002; thence 176 feet to the Eastern line of said parcel; thence along the Eastern property of Parcel 10-13-353-002 to it's thence Northwesterly the Eastern line of Section 23; thence the Eastern line 23 to the Southeast comer of the Johnson County Auditor' s described as 10-23 - 103, 001 through 029, then Southwesterly 988. feet to the Northern Right-of-Way line of Lower Muscatine Road. said Right-of-Way line to the intersecting point of the Southern line of Lower Muscatine Road and the Northeastern comer of Johnson County Auditor' s Parcel number 10-23- 105-003; thence ~outhwesterly 157.9 feet to the Northern Right-of-Way -3- line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northem Right-of-Way line of U.S. H!ghway 6 and the Eastem Right-of-Way line of First Avenue; projecting ~ross the First Avenue Right-of-Way along the Northem Ri line of U.S. Highw y 6 to the intersection of the Western Ri line of First No~hem ~t-of-~ line of U.S. Hi 6, to ~e Point of Begi~ing. ~EEAS, the Iowa require Ci~ Council to submit the proposed Sycamore ~d First Avenue ~ to the Plying ~d Zoning Commission Br review ~d ~ to its conBmi~ with ~e General PI$ Br development of the Ci~ as a to Ci~ Council approval of such urb~ renewal ply, ~d ~er provides that Plying and Zoning Commission shall submit its wriRen recommendations ~ this Council within thi~ (30) days of its receipt of such proposed Sycmore Avenue Urb~ Renewal Ply; and WHEREAS, the Iowa statutes re~ .ire the City Council to notify all affected taxing entities of the ion bein~ to the proposed Sycamore and First Avenue Urban Renewal Plan to hold a with such taxing entities with respect thereto, and furtherthat the des .entative of each affected taxing entity may attendconsultation and r~written recommendations for modifications to the proposed d~ of revenue include, a part thereof, to which the City shall submit written ;es as provided in Sectionx5, as amended; and WHEREAS, the Iowa tatutes further require the City Cou il to hold a public which notice shall describe he time, date, place and purpose of the hearing, shall generally identify the urba~ renewal area covered by the urban renewal plan and shall outline the general scope 'the urban renewal project under consideration, with a copy of said notice also being ailed to each affected taxing entity. -4- NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Sycamore and First Avenue Urban Renewal Pla required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 241h day of July ,2000, ~ the Council Chambers, designated representative of e CiW Br pu~oses of coffducting said consultmion, receiving ~y recommendation that may be made wit~respect thereto and responding to the same in accord~ce within 403.5(2). / 'X Section 2. That the CiW is directed m cause a notice of said consultation to be sent by regul~ all t~ing entities, as defined in Section 403.17(1A), along wi~ a copy of the ,eraore ~d First Avenue Urb~ Renewal Plan, said notice to be in the Bllowing fore: -5- NOTICE OF A CONSULTATION TO BE HELD BETWEEN" THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED' Ph4MN FOR THE CITY OF IOWA CITY, IOWA The ' ' , Iowa will hold a affected taxing 1 at ~0 o'clock A .M~,on au y 24 ,2000, in the Chambers, Civic Center, 410 East Washin~on Iowa Ci~, Iowa concemin proposed Sycamore and First Avenue Urb~ Renewal PI~ a copy of which is hereto. Each affected taxing may appoint to attend the consultation. The consultation may include aof the growth in valuation of taxable property included in the;ed Urban Area, the fiscal impact of the division of revenue on the the estimated impact on the provision of services by each of the affected ..s in the proposed Urban Renewal Area, and the duration of any bond issuance im in said Plan. The designated representative taxing entity may make written recommendations for modifications to .ed division of revenue no later than seven days following the date of the Economic Development Coordinator, as the designated repres{ ity of Iowa City, shall submit a written response to the entity, no seven days prior to the public hearing on the proposed Sycamore td First Avenue Renewal Plan, addressing any recommendations made by entity for the proposed division of revenue. ! This notice is given by or~ er of the City Council of theof Iowa City, Iowa, as provided by Section 403.5 oft~~ode of Iowa, as amended. \ Dated this 18th ~ay of du]v ,2000. / / City Clerk, Iowa City, Iowa (END OF NOTICE) -6- Section 3. That a public hearing shall be held on the proposed Sycamore and First Avenue Urban Renewal Plan before the City Council at its meeting which commences at 7 o'clock ~' .M. on August 15 ,2000, in the Council Chambers, Civic Center, 4 lp East Washington Street, Iowa City, Iowa. \, Sectibn 4. That the City Clerk is authorized and directed to publish notice of this public hearing,,i,,n the Press Citizen. once on a date not less than four (4) nor more than twenty (20) dayS,before the date of said public hearing, and to mail a copy of said notice by ordinary mail ti~,each affected taxing entity, such notice in each case to be in substantially the folr~ing form: \ / \ -7- (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED SYCAMORE AND FIRST ,,LIE URBAN RENEWAL PLAN FOR A PROPOSED AN RENEWAL AREA IN THE CITY OF IOWA IOWA The City Counc~ of the City of Iowa City, Iowa, will hol 'public hearing before Iowa to consider adoption proposed Sycamore and Fi~e Urban Renewal Plan (the "Plan") conceming ~osed Urban Renewal/~ea in Iowa City, Iowa legally described as follows: / / / 23, Township 79N, Range Johnson County Auditor's along the South line of the Northeast quarter of Section 23 authwest comer of the Northeast quarter of Section 23; thence 66 a point perpendicular on the Western Right-of-Way line ore Street, thence Northerly along said Right-of-Way line to the intersecti6nWestem Right-of-Way line of Sycamore Street and the Northern Riof-Way line ofU. S. Highway 6, of Beginnin :' which is the Point2's Thence Northerly along the tern Ri .Way line of Sycamore Street to the Southeastem comer df Johnson County Parcel 10 - 14 -386 - 003, thence 66 feet to a p~nt perpendicular Right-of-Way line of Sycamore Street; fhence Northerly alongEastern Right-of-Way line of Sycamore Street fo the Northwestern comer'Johnson County Auditor's Parcel 10-14~'457-003; thence Easterly 147feet to an angle point of said Parcel; thence Northeasterly 413.83 feet;Northerly · ' - - ' Road; of Lower Muscatin~ [ Road; thence Southeasterly along Right- of-Way line of Lo~ :er Muscatine Road to the Northern Right-otline of Mall Drive; the ce Northeasterly 1533.09 feet along the Northam Right- of-Way line of M~ ll Drive to the Southem Right-of-Way line of the Iowa Interstate Railroa thence Southeasterly along said Right-of-Way line to its intersection with ih_e Eastem line of Section 14. -8- Thence South along the Eastern line of Section 14 to the Northwest comer of Johnson County Auditor' s Parcel 10-13 -353 -002; thence Easterly 176 feet to the Eastern property line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer; thence No hwesterly to the Eastern line of Section 23; thence South along the Eastern ' e of Section 23 to the Southeast comer of the Johnson County Audit's Parcel described as 10-23-103,001 through 029, then~' of the Southern Rig~h,t-of-Way line of Lower Muscatine Northeastern comer l~f Johnson County Auditor's Parcel 10-23- 105-003; thence 157.9 feet to the Right-of-Way line ofU. S. Highway 6~ Northwesterly 307.~ to the intersection of the Right-of-Way line of Highway 6 and the Eastern Right-of-Way line,f First Avenue; across the First Avenue Right-of-Way Northern Ri line of U. S. Highway 6 to the intersection.fthe line of First Avenue and the Northern Ri ~f-Way of U.S. Highway 6; thence Westerly along the Northern Ri line of U.S. Highway 6 a distance of 1123.13 feet to its with the Eastern Right-of-Way line of Sycamore Street, projecting the Sycamore Street Right-of- Way along the Northern Right-of- of U.S. Highway 6 to the intersection of the Western Ri line of Sycamore Street and the Northern Right-of-Way line of 6, to the Point of Beginning. / which land is to be included as part~:6fthisUrban Renewal Area. / A copy of the Plan is on f~(e for public inspc in the office of the City Clerk, ! City Hall, Iowa City, Iowa. / The City of Iowa Cityj~ Iowa is the local public which, if such Plan is approved, shall undertake t~lye urban renewal activities de in such Plan. The general scope ~6f the urban renewal activities r consideration in the Plan ........ Area through scope of the urban renewal activities under consideration in the qan is to rehabilitate, conserve and redevelolj,' land, buildings and other improvements within such area. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, ~he Plan provides that such special financing activities may -9- include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements. The Plan provides that the City may issue bonds or use available funds for such purposes d that tax increment reimbursement of such cost, s"Will be sought if and to the extent inc rred by the City The Plan initially proposes ii~> specific public oC the'· ·'. A". "~ .. . This notice is given by of the City Co of Iowa City, Iowa, as provided by Section 403.5 of the City Code 'Iowa. Dated this 27th day of ,2000. '.lerk, Iowa City, Iowa ;/(End \ -10- Section 5. That the proposed Sycamore and First Avenue Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Sycamore and Fi st Avenue Urban Renewal Plan referred to in said notices for purposes of such consultati n and hearing and that a copy o ' ' ' he !n~ec~~~an submitted to the Plannin~ and Zoning Commission for r iew and recommendation as to its conformity with the ~:ral Plan for the developm t of the City as a whole, with such recommendation to submitted in writing to s Council within thirty (30) days of the date hereof. PASSED AND this / day of ,2000. / ATTEST: City Clerk PGOODRICHL241249\ 1 \ 10714060 -11- Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FAMILY VIDEO FOR CONDOMINIUM UNIT I-D IN TOWER PLACE AND PARKING AND TO DISPOSE OF UNIT I-D IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR AUGUST I, 2000, WHEREAS, Tower Place and Parking a/k/a Iowa Avenue Multi-Use Parking Facility includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Family Video for condominium unit 1-D in said facility. 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 a purchase agreement between the City of Iowa City and Family Video unit I-D in Tower Place and Parking a/k/a Iowa Avenue Multi-Use Parking Facility and to dispose of said property in accordance with said agreement. 2. A public hearing on said proposed disposition should be and is hereby set for August 1, 2000 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Said purchase agreement shall be filed with the City Clerk prior to publication of the notice of said public hearing. Passed and approved this day of ,20__ MAYOR rove CITY CLERK City Attorney's Office Eleanor\res\unit 1-D 2.doc Prepared by: Angela Williams, Associate Planner, 410 E. Washington St., Iowa City IA 52240 (319) 356-5244 RESOLUTION NO. 00-250 A RESOLUTION AUTHORIZING AND APPROVING $225,000 IN AFFORDABLE HOUSING FUNDING POOL FUNDS FOR A PROJECT TO PROVIDE HOUSING FOR LOW AND MODERATE INCOME FAMILIES. WHEREAS, the City of Iowa City has an Affordable Housing Funding Pool (AHFP); and WHEREAS, on June 15, 2000, the Housing and Community Development Commission (HCDC) recommended the allocation of ~225,000 in AFHP funds to construct 15 affordable 3- bedroom duplex or zero-lot line structures; and WHEREAS, the project addresses the housing needs of low income persons, in particular families, and helps achieve the goals for affordable housing set forth in CITY STEPS, Iowa City's Consolidated Plan for 2001-2006; and WHEREAS, the City Council finds that the AHFP is an essential part in the fulfillment of a high priority of the CITY STEPS Plan and will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1 The allocation of ~175,000 in General Fund and ~50,000 in FYO0 HOME funds for the provision of affordable 3-bedroom rental housing is hereby authorized and approved. Passed and approved this 18th day of jul~v ,2000. Approved by C It was moved by Vanderhoef and seconded by t4i ] huPn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/afffisg.doc City of Iowa City MEMORANDUM DATE: June 28, 2000 TO: City Council FROM: Steve Nasby, Community Development Coordinato RE'- Affordable Housing Funding Pool Recommendation Metro Plains Request for Village Green Commons Metro Plains LLC has requested funding from the City's Affordable Housing Funding Pool (AHFP). The AHFP was one of the strategies approved by the City Council (1997) as a part of the Community Housing Forum and is comprised of General Funds and HOME funds. The total amount of monies in the AHFP is approximately $200,000. These AHFP monies are to be used for projects that are unable to wait until the regular annual funding cycle for Community Development Block Grant and HOME Investment Partnership Program monies. The proposed project, Village Green Commons, is for 15 duplex or zero-lot line structures that will contain 30 units of affordable family rental housing. These units will have 12004400 square feet, 3 bedrooms and 1.5 baths. The proposed plan shows a traditional neighborhood design with porches in the front, garages in the rear and shared driveways. As proposed, the project will cost approximately $4,020,000. Our commitment of funds will enable Metro Plains LLC to meet the threshold requirements for an application to the Iowa Finance Authority and Iowa Department of Economic Development. 3eannie Kelsey, from Metro Plains LLC, is scheduled to be at the July 17 and July 18 Council meetings to answer any questions you may have regarding the project or the proposed funding package. Metro Plains LLC has requested a simple interest loan of 1% over a 20-year term. The guidelines for the AHFP show that the interest rate should be 3-7% and the term no greater than 10 years. The Housing and Community Development Commission (HCDC) was aware that the Metro Plains LLC's proposal is a deviation from the AHFP guidelines; however, they felt comfortable making their recommendation due to the other merits of the project. These merits included the relatively low level of public subsidy (22% of the financing) and this project meets a "HIGH" priority in the CITY STEPS Plan (rental housing for families). HCDC is recommending this project to the City Council as a $225,000 loan with contingencies. These contingencies include Metro Plains LLC being awarded tax credits in 2000 and that the AHFP loan be structured to allow for graduated annual payments depending upon cash flow. To help bring this project into closer compliance with the AHFP guidelines I am recommending that the loan be structured as a 3% loan with the term and payments to be negotiated at the time the funding. is formally committed via an Agreement. Enclosed in your packets is a portion of Metro Plains LLC's application for funding. If you have any questions on the AHFP or the Village Green Commons proposal prior to that time please call Steve Long at 356-5250, as I will be out of town until July 17. Cc: Karin Franklin, Director of Planning and Community Development Stephen Long, Associate Planer J 0 Vn FRONT ELEVATION REAR ELEVAtEION Metro Plains Loan Repayment Options Affordable Housing Funding Pool 2001 2002 2003 2004 2005 2006 2007 200_J8 2009 2010 201~1 Total Paid 3% with 10 Year Term (compound) 30yr amortization Build $11,383.00 $11,383.00 $11,383.00 $11,383.00 $11.383.00 $11,383.00 $11,383.00 $11,383.00 $11,383.00 $182,427.00 $ 284,874.00 3%with lOYearTerm (simple)with balloon Build $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $ 6,750.00 $231.750.00 $ 292,500.00 EDcle~"a°~ Housing . oun ations~ ~ ~ Community ~ Local Development ! 999-2000 ppdcdbg~page~athpbroc. p65 Background The City of Iowa City has recently 2.. Public and Private Commitments: All Homeownership projects must target house- created the Affordable Housing applicants must provide evidence of holds at or below 80% of median income. Funding Pool (AHFP) in order to assist private as well as public commitments to Preference will be given to projects providing developers interested in building affordable the project. two or more bedrooms. Rental projects must housing for low and moderate income resi- target households under 60% median income dents of Iowa City. This program is intended 3. Management and Cal~ability: Successful ~vith preference given to projects designed for solely for gap financing. Therefore, funds from experience in managing housing develop- families. the program may not comprise more than ment and operations is another important 10% of the total project cost. consideration. Below are the income limits established for AHFP funding is available in May through 4, Feasibility: The amount of public subsidy the Iowa Cit~, area effective.~J~~~..~ December each year. This falls in between the required for the project must be docu- normal CDBG and HOME funding allocation mented by the applicant through the Persons per 60% of 80% of period (January through April). There is submission of a proforma and sources and household median income median inCOme currently $200,000 available in the funding uses statement. 2 persons $-2671-00 ~0 pool. Repayment of funds may be up to a ten- 3 persons $2e37tO0 ~ $3-,q~-,50 year term at 3-7% interest. ProjeCJ' Preferences 4 persons $..'~'~2T6"40 ~f'~$4-gT500 5 persons $~3--5~03~a $4~;000 · Preference will be given to projects that 6 persons $.g_7.r~C~f~.~q $50rr-a00 Program Criteria pay property taxes or a payment in lieu of Based on staff analysis, the Housing and taxes (PILOT) equal to at least 50% of full Community Development Commission taxes. Additional requirements and Federal regula- (HCDC) will review proposals and make tions may also apply. funding recommendations to the City Council. · Preference will be given to projects using There are four broad areas that each applicant Johnson County contractors. , For more details please contact: must address to be eligible for the funds. Steve Nasby or Steve Long · Preference will be given to projects City of Iowa City Community Development I. Project Need/Benefit: The applicant must providing neighborhood diversity. 410 E. Washington St. show how the community, especially Iowa City, IA 52240 how low income residents, would benefit Eligible Projects 356-5230 from the proposed project. It must also be demonstrated that the project cannot wait Projects that provide homeownership oppor- for the regular CDBG and HOME funding tunities or rental housing for low-income '~ ~ households are eligible under this program. period. ..~ Guidelines for the Affordable Housing Funding Pool Program Back.Qround Increasing the supply of affordable housing is the main objective of the Affordable Housing Funding Pool. This program provides the City and non-profit housing developers with the option of producing affordable housing by financially supporting land acquisition, housing construction, infrastructure, rehabilitation of substantially deteriorated housing units and other related cost. With the implementation of the Affordable Housing Funding Pool, the City is able to respond to affordable housing proposals and opportunities that occur outside of the annual CDBG and HOME allocation. Applicants can now apply for additional affordable housing assistance from May through December of each year. This program only provides gap financing. Therefore, no allocation will comprise more than 15% of project cost. Financial assistance for affordable housing projects will be in the form of low interest amortized loans. Criteria for the Pro.qram HCDC and Community Development staff will consider many factors in evaluating each application. However, there are four major areas that each applicant must address in order to be eligible for this program. Those four factors are as follows: 1. PROJECT- NEED/BENEFIT. The applicant should show how the community, and particularly low and moderate-income residents, would benefit from the proposed project. Applicant must also demonstrate that the request can not wait for the regular CDBG and HOME funding cycle. 2. PUBLIC AND PRIVATE COMMITMENTS. The applicant should provide evidence of public and private commitments to the proposed project. Both the value and the viability of commitments will be considered. 3. MANAGEMENT AND CAPABILITY. The applicant should show how it will manage the development and/or operations of the proposed housing project. Successful housing experience is an important consideration. 4. FEASIBILITY. The applicant should demonstrate the feasibility of the project as described, and determine the amount of subsidy needed to fill the gap to enable the project to remain affordable to the beneficiaries and have sufficient cash flow to continue operations. Other General Criteria: · Funding can be used for land acquisition, construction financing ,substantial rehabilitation and other related cost · Projects must create new housing units or substantially improve existing housing (substantial improvements are 51% or more of the before rehab value) · Proiect must provide affordability for a minimum of 20 years · Maximum funding can not exceed 10-15% of the total project cost · Funding must be for gap financing · Funding must be the last financial component needed · Repayment must not exceed a 10 year term at 3% -7% interest rate Homeowner Proiects Projects that provide homeownership opportunities for low and moderate-income households are eligible under this program. Two considerations apply to homeowner projects: 1. The program targets households at 80% and below median income. 2. Preference is given to projects that provide two or more bedrooms in a single-family or duplex unit. Rental Proiects Rental housing for low and moderate -income households and particularly very low- income households (0-30% of median) is an eligible activity under this program. Three considerations apply to rental projects: 1. The program targets households at 60% and below median income. 2. Preference is given to projects that develop housing with three or mor~ bedrooms designed for families. 3. Preference is given to projects near transit lines and neighborhood shopping. Following are the income limits established for this area effective March 9, 2000. Persons per household 50% of mi 60% of mi 80% of mi 1 person $19,300 $23,160 $30 850 2 persons $22,050 $26,460 $35 250 3 persons $24,800 $29,760 $39 650 4 persons $27,550 $33,060 $44 100 5 persons $29,750 $35,700 $47 600 6 persons $31,950 $38,340 $51 150 7 persons $34,150 $40,980 $54 650 8 persons $36,350 $43,620 $58 200 Project Specific Reauirements: Each project must meet and/or address the following specific parameter for consideration of receiving Affordable Housing Funding Pool assistance: 1. Projects must have a minimum of 51% private financing. 2. Project must demonstrate that substantial construction activity will start within a 180 days of receiving commitment of Affordable Housing Funding Pool financing. 3. Preference will be given to projects that pay property taxes or at least a 50% payment in lieu of property taxes. 4. Preferences will be given to projects using Johnson County contractors. 5. Preference will be given to projects that provide neighborhood diversity. 6. Preference will be given to projects that build owner occupied housing for less than $90,000. 7. Preference will be given to projects that develop rental housing affordable to households at 50% and below median income. A.qreement Re.quirements The housing developers receiving Affordable Housing Funding Pool assistance must enter into an Agreement with the City. The Agreement covers the following areas: 1 ) purpose and scope of service, 2) performance schedule and payment, 3) compliance with federal regulations, 4) financial management and record keeping, and 5) reporting and monitoring. Purpose and scope of services Prior to executing an agreement for the use of the Affordable Housing funds, Community Development staff will review the project goals outlined in the application with the developer, to ensure that the project will meet the criteria of the program. Any anticipated changes in the project goals or scope of services will be discussed prior to drawing up a contract. Performance payment and schedule Performance schedules will be outlined with the goal of completing the project within the specific time limits. After the contract has been formalized, disbursements can be made upon receipt of 1 ) invoices for labor, materials and services rendered, and 2) signed lien waivers (as appropriate) covering all amounts to be paid. In some instances, preoagreement costs may be reimbursed to subrecipients; however, Community Development staff must be contacted prior to making any pre-agreement disbursements. Compliance with federal regulations All contracts include requirements imposed by various Federal-sponsoring agencies. These include procurement standards for labor, materials, supplies and services not only related to the project. Procurement standards and subcontracting requirements are set forth in OMB Circular A-110, Attachment O. This circular is provided to the subrecipient at the time of signing the Agreement with the City. However, the following list briefly describes the main points in contracting for services and purchasing supplies and materials. 1. All transactions shall be conducted in a manner to provide for open and free competition (including professional services). For example, contractors that develop or draft specifications, requirements, or statements of work and invitations for bids and proposals should be excluded from competing for such procurements. Awards shall be made to the bidder whose offer is responsive to the solicitation and is most advantageous to the recipient, price and other factors considered. 2. Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 3. Affirmative efforts shall be made to utilize small and minority-owned businesses or sources of supplies and services. 4. Construction contracts in excess of $2,000 shall comply with the Fair Labor Standards Acts. Specifically, 1) The Davis-Bacon Act which requires contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor, 2) Copeland Anti-Kick Back Act which prohibits employers from inducing employees to give up any part of the compensation to which they are otherwise entitled, and 3) The Contract Work Hours and Safety Standards Act which requires contractors to compute wages on the basis of a standard work week of 40 hours. Work in excess of the standard workweek shall be permissible if the worker is compensated at a rate of 1¼ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. No worker shall be required to work in unsanitary, dangerous or hazardous surroundings. 5. Contracts over $10,000 shall contain requirements relating to Equal Employment Opportunity. 6. Provisions for termination shall also be included in contracts in excess of $10,000. 7. Records should be kept for all procurements. Contracts/procurements for more $25,000 shall include the basis for selection, justification for lack of competitive bids when necessary, and basis for award, cost or price. 8. Contracts in excess of $25,000 shall contain provisions and conditions that allow for administrative, contractual or legal remedies in instances in which contractors violate or breach contract terms. 9. Contracts in excess of $100,000 shall meet bonding requirements. Provisions regarding federal regulations on Non-discrimination, Equal Employment, Lead based Paint Abatement, Conflict of Interest, Affirmative Marketing, Fair Housing, Acquisition, Displacement and Relocation is also contained in the Agreement. Financial management and record keeping. Community Development staff may, if requested, assist developers in setting up or reviewing existing financial management systems. Additionally, local accountants and agency/business experienced with federal requirements may be helpful resources. Financial management systems must contain clear, accurate and complete disclosure of the federally sponsored project. For example, records must include: a register of cash receipts and disbursements a record of all non-cash transactions a general ledger to show the status of each account a fixed account ledger All project-related expenditures must be supported by third party documentation (invoices, contracts, and purchase orders). Lien waivers are required from all contractors and subcontractors. Reductions in project costs or increases in the commitment of other funding, if any, shall be brought to the attention of staff. The impacts of these changes should be discussed with staff and appropriate reductions in City funds will be made on a pro-rated basis. Reporting and monitoring Community Development Staff will monitor all aspects of the project beginning with pre-agreement activities and goal setting. The Community Development staff should review any proposed changes in the project. Periodically, Community Development staff will conduct monitoring visits to review project progress, financial management, construction contracts, time records related to the project as well as client statistics. Staff will give reasonable notice prior to the site visit. In most cases, a financial audit of the project expenditures will be required. Qualified individuals who are sufficiently independent of the agency and can produce unbiased opinions and conclusions should conduct these audits. Audit reports should be submitted within six months of project completion and final disbursement of funds. All records relating to the project should be kept for five years following the completion of the project/activity. A reporting period will be established at the time of the agreement for most projects. The compli- ance period will vary depending upon the regulatory requirements. During this period, Community Development staff will annually request records relating to the stated purpose of the project to see if goals have been carried out, to review the low and moderate income benefit requirements as established by HUD, and to monitor the financial status of the organization. ppdcdbg\guidline.doc 5 Project Description Narrative .,letroPlains Development is proposing to building 30 three-bedroom duplexes. This is different from the another development that was proposed for 48 three-bedroom townhomes. Each home will have combined living room, dining room, full kitchen, 1-1/2 baths. The two story duplexes accommodate living and sleeping area on different levels for privacy and are designed to provide efficient use of space in meeting the needs of a family. Each home will have approximately 1200 square feet of living space plus a single car attached garage. There will be two handicapped units which will be approximately 150 square feet larger to allow placement of a bedroom and full bath on the first floor. The proposed development will be a tasteful addition to the surrounding neighborhood. It will promote economic and mixed use-integration as well. The neighborhood is existing single family, duplex and condo home owners. The proposed development will apply for Housing Tax Credits for 2000 so that construction may begin in early summer of 2001. Normally we would begin construction in fall of 2000 but off site improvements to the land will be done by spring of 2001. Construction is usually a 10 month process and occupancy of the units should be early spring of 2002. GarstenlPerennial Management has been leasing affordable housing for over 17 years. They have extensive knowledge on marketing to households with lower incomes and will notify various agency regarding the availability of the development. Estimates for Construction are based upon MetroPlains Developments experience in developing affordable housing in the nine state Midwest. When putting costs together MetroPlains will consult with contractors in order to verify the inflation factor for the year on construction. In addition the engineering firm MMS was consulted regarding any unusual soils, or conditions for the area. Other General Criteria: · Funding can be used for land acquisition, construction financing, substantial rehabilitation and other related costs. - The AHFP funds will be used to assist with land acquisition costs. · Projects must create new housing units or substantially improve existing housing - Our proposed development is for 30 new affordable three-bedroom duplexes. · Project must provide affordability for a minimum of 20 years. - The proposed development will apply for Housing Tax Credits and will elect the maximum number of years of to be affordable. · Maximum funding cannot exceed 10-15% of the total project costs. - We have requested 5.6%. · Funding must be gap financing. - This application is for gap financing in the form of second/third mortgage on the development. · Funding must be the last financial component needed. In order to strengthen the Low Income Housing Tax Credit application for 2000 funds, we need City participation. · Repayment must not exceed a 1 O-year term at 3%-7% interest rate. - We are proposing 20- year term at 1% simple interest. This proposal is done under the limitations of our permanent mortgage requirements, that they will not allow the development to exceed a t. 10 debt service coverage ratio. Rental Projects: 1. The program targets households at 60% and below median income. - All units are targeted to incomes less than 60% median income. 2. Preference is given to projects that develop housing with three or more bedrooms designed for families. - All units are three bedrooms. 3. Preference is given to projects near transit lines and neighborhood shopping. - The proposed development is near a transit line on Scott Boulevard. The closest neighborhood shopping is Muscatine Avenue and Hwy 6. Project Specific Requirements: 1. Projects must have a minimum of 51% private financing? The proposed development has 78% private financing. 2. Project must demonstrate the substantial construction activity will start within a 180 days of receiving commitment of affordable Housing Funding Pool Financing? The proposed development will start construction once all off site improvements/lots are ready for development and all financing is in place. 3. Preference will be given to projects that pay property taxes or at least a 50% payment in lieu of property taxes. The estimated property tax per unit is $1400 a year. 4. Preference will be given to projects using Johnson County contractors. We will encourage local contractors to bid on the proposed development. 5. Preference will be give to projects that provide neighborhood diversity. The proposed development does encourage neighborhood diversity. The existing and other proposed housing in the area is single family, duplex and condo owner occupied. 6. Preference will be give to projects that build owner occupied housing for less than $90,000. - Not applicable to this development. 7. Preference will be given to projects that develop rental housing affordable to households at 50%,and below.{~ r ~,~ ;, ,oemo.. Forty (40) percent of the units will be rented to households at or be ow median income. AffordableHouSingFundi:ng!Pool: Loan AsSiStanCe: :"' Inst~c~Loa,s_OaJ~ack Project ! AMOUNT OF FUNDING REQUESTED $ 225,000 x Loan APPLICAI~ON INFORMATION Appli~nt (Name and Address) MDI Lim~ Pa~e~hip ~5 1~ Unive~ Avenue, Suite 212, StPaul, MN 551~3825 Organiza~on or ~mpany: Phone No, ~1~-7~ Tax ID or Me~oPlains ~velopmen~ LLC 4~-t959357 Ga~ Stench, Pr~ident Fax No, 851 ~8947 Designat~ ~nDd Pe~on for Appli~on: Ti~e: Phone No. 651-52~1241 Jeanne Kelsey Development Coordinator Fax No. 651~47 Address: 1600 University Avenue, Suite 212, St. Paul, MN 55104-3825 ~!TYpEOF:ORGANIZATIONii:!i:iii~iii::i~: ::! ~i :!!: , :i;:ii:i!iiii!:~:!:::.!i~:i:i::i::~i:i~il:YpEOFiPROJECT~:~::: !:.: i: Public - Private partnership X Rent31 Nonprof'dc [501{c)] (send copy of IRS determination) Homeownership CHDO (Community Housln9 Development Organization) Rental Assistance X Private For-Profit Developer Group Home or Shelter ............... TYPE OF PROJECT ACT..IV1TIES' (che~k ~!l.o.!_ffi__e activities .i~.v.~l.v..e...d. i_n y. our p:~!~} ...... ::: ...................... X New Construction Rehabilitation Acquisition Infrastructure Improvements Program Administration Other (Specify) APPLICANT MANAGEMENT CAPACITY/PROJECT PERSONNEL EXPERIENCE (BHefiy explain the appllcint's experience in administering houdng &sslstance programs.) MetroPlains is a long-term owner of the real-estate that it develops. MetroPlains continues to own and operate all but one of the projects that it has developed over the past 20 years. In addition to the development and ownership arms of MetroPlains, we have an affiliated management company that specalizes in the managemerit of affordable housing Garslen/perenniat Management corporalion has two full time staff merebern dedicated Io compliance with the vanous programs, including HOME, utilized to develop affordable housing PROJECT PROFILE I PROJECT LOCATION: Street Address: xxxx-xxxx Rosefield Drive and xxxx-xxxx Capital Court SITE CONTROL OWNED OPTIONED X LEASED STATUS (check one) (send documentation) EXPIRATION DATE: TERM: September 1, 2000 with extension options. ZONING STATUS Is the use proposed in compliance with the zoning? If not when will zoning change be granted? Yes. Site proposed is in compliance with the zoning for duplexes. Describe efforts made to build con~nunity support for the project and the results of those efforts, When purchasing sites for construction of affordable housing you run into a lot of opposition, especially by sellers of the property. MDt Limited Partnership ~ro5 had original negotiated the purchasing of a site located at 1 = and Rochest~ for townhomes. When the seller of the site underslood that the proposed development would be affordable family housing for Iowa City, their comment was 'we den~ want those type of people." We then had to find another site. The new proposed site is for 30 duplexes. The seller of the site is Jim Gascow, which has been very supportive of this development and develops housing in Village Green wore the proposed site is located in. Mr. Glascow has signed a purchase agreement to sell us the 30 lots below market value, purchase price is $35,000 and fair market value is $42,725. Because of the existing housing in the area and this proposed development along with future housing proposed the neighborhood will end-up being a mixed income/mixed use neighborhood (owner/renter, single family/duplex, condo's). Additional support is in construction/permanent loan financing from US Bank. US Bank is committed to funding of affordable housing and is committed to this development. In addition we will encourage local contractors to bid on this development. Jim Glascow has already identif"~d an interest in the plumbing of this development. Project Description Narrative: On a separate page, please provide specific information on your proposed project. Include the background of development professionals, project manager, fiscal manager, engineering and architectural firm, marketing consultant, owner & developer, and property manager. Your project description shouM include the estimated occupancy date, number & type of units, and how units will be market to households with lower incomes. PROJECT OPERATING BUDGET For multifamily new construction or redcvelopment proposals INCOI~IE EXPENSES ~ of Sq. Ft Monthly Rent Total Rent :AdministratiVeExpeu.ses kinits Management $14,202 0 Bdrm N/A Fee 0 Bdm~ Site Manager Salary. $8.730 I Bdrm (mcl. tax~ & benetit~ IBdrm Legal. Accounting. $3,720 2 Bdnn Audit 2Bdnn 3 Bdrm 12 1,200 $620 $89,280 Advertising $1,2~'0 3 Bdrm 18 1.200 $765 $165.240 4 Bdrm (Supplies. telephone, etc.) includes $10,879 4 Bdrm State compliance monitoring fees Total Rent Income $254,520 ]iT01Ail~d~ratlveZEXpense · $3R,761 Parking income S0 i=Operatlng EllenSea . Laundry income $0 Utilitie~ (O~er paid) $6,000 Olher income $0 Trash Removal $3,660 : ~ i~ ~::i~!~!:z!!:ii:i:iii:~!~:i ~ii~:~ z~iziii: ~i:: ~ ziTotallne0me:: $254,520 Property insurance $3,930 Vacancy Rate: 7% [ Less Vacancy [ <i7,816 > Other - Turn over utility expenses $1,714 :: :.: ::,:::: Amtua, Effet'tt.'e (;rots [ricoroe $236.704 To{al Operatlni:;EXpe~i: i~i, ]: ~: i ~:::::,:: $15.304 ::.: :: :: ::: ::::::: Mahitem,c~ ANNUAL DEBT SERVICE Maintenance $13,785 1st Morlgage - US Bank $94,498 Repairs included in Maintenance $0 2nd Mo~gage - Slate HOME funds $6,604 Groundskeeping (include snow reinova{) $7,336 OtherDebtServicc(specify)-CityAHPfund~ $2,250 i~Total:Maln~c~:= ii:ii~: ~!::;i$21,121 Total Annual Debt Service $103.452 Real Estate Taxes $42,000 Operating Reserve LOI Replacement Reaerve $6,000 TOTAl, ANNUM, F..XPENSI'2,S ~ $123,186 SOURCES AND USES OF FUNDS q Other Fundino t proje.~t Acti.viti.e.e'. Tot,~ ho~ect Colt City Funds Request Amount S .... Stlt~ A, Acquisition Costs 1. Land $525,OOO $225,000 2. Existing Structures 3. Other-Appraisals, Soil S36,500 $36,500 Const. Loan Committed ~..~.: Cf?nsJZuction,'Reha~ ._ ........................... 1. Building fees S20,OO0 Const. Loan Committed 2. Infrastructure/On-Site included in const. 3. Infrastructure/Off-Site included land 4. Landscaping included in const. 5. Labor/Materials-Const. $2,490,O00 $2,490,000 Con. Loa~Syn Committed 6. Labor/Materials-Rehab HOME Funds Pending 7. Contingency- Hard/Soft $119,600 $119,600 Const. Loan Committed 8. Other C, Arch,~ngineering Fees 1. Architect Fee $52,000 $E2,000 Syndication Committed 2. Engineering Fee included 3. Other 1. Construction insurance S 6,225 $ 6,225 Syndicadon Committed 2. ConsL Loan Origin. Fee $9,79~ ~9,797 Syndicaden Commi~e~ 3. Construction interest $65,636 $65,636 Sy~ication Committed 4. Operating Reserve~easing S7E,000 $7E,000 Syndication Committed 5. Real Estate Taxes $ 5,000 $ E ,000 Syndication Committed 6. Other E. 'Permmient Financ~nglS~d. '. .':: ~ 1. Loan Fees &Expenses $51,066 $E1,066 Syndication Committed 2. A~orney Fees $30,000 $30,0~ Syndication Committed 3. LIHTC Fees $20,359 $20,359 Syndication Committed 4. Developer's Fee $514,678 $514,678 Syndication Cornmilled 5. Other 1. Tempora~ Relocation 2. Permanent Relocation i '. Other Funding "' G. Pr~e~ Management ] 1. Marketing Included in operating 2. Project Management 3. Proj. Operating Expense 4. Other SUBTOTAL (A-G) H. Homeburrs 1. Downpayn~ent 2. Closing Costs 3. Interest Rate Buydown 4. Case Management 5. Other GRAND TOTAL IA-H} ~4,020,861 $225,000 $3,795,861 SUMMARY OF FUNDING SOURCES (include Permanent Financing) Amount Source (Loan, Grant, Equity) Terms Interest Rate $979,733 Construction/Porto, Loan Loan 30yr. Am/2Oyr.ter. 9% $660,392 HOME Funds Loan 30yr. Am/2Oyr.ter. 1% simp4e interest $225,000 City AHP funds Loan 30yr. Aml2Oyr.ter. 1% simple interest $2,155,737 Syndication proceeds Equity $4,020,861 When using federal funds environmental reviews are required, If we can mitigate any potential environmental YES NO , issues at the application stage it can minimize added time and cost to the project. For housing rehabilitation requests: NA Has there been an evaluation of asbestos hazards? Has there been an evaluation of lead-based paint hazards? Will the project be undertaken in flood hazard areas? (Attach floodplain maps/studies reviewed in reaching this conclusion) X No. The realtor was questioned and advised that the proposed site is not in the floodplain. : Will the project be near a geological hazard area, or affect historical, archeological or cultural resources? X Will the project be located within 1,000 feet of a major highway, 3,000 feet of a railroad, 15 miles of a X commercial airport or near military airfields or some other major noise source? For questions contact the environmental resource listed above. Will the project be located within one-mile of above-ground storage tanks, transmission pipetines or loading X facilities for explosive or fire-prone substances? If you answered yes to any of the above, what alternatives have been considered? How do you plan to mitigate the adverse effects? The proposed development is within 3,000 feet of a railroad. We have researched the use of the railroad and it is not a mare track, it is used for delivery of commercial product. We will mitigate the railroad by putting buffer of trees and fencing along the tracks. This development is part of a new subdivision and the train tracks have not been an issue for the other housing in the area. ACQUISITION. RELOCATION AND REPLACEMENT ISSUES - For questions contact: Steve Nasby 356-5248 · .: ! '.: Will the proposed project involve the acquisition of any land or buildings? X - YES NO Has the Fair Market Value of the property been established by an independent appraisal or X - YES NO market comparable on at least three other properties? Please include appraisal or comparable) If not, how was "Fair Market Value" estimated? This project will involved the acquisition of new housing units by low and moderate income households. Property appraisals will be performed to substantiate the market value of new housing construction. Has the seller/owner been notified of the Fair Market Value and signed the appropriate - Voluntary Transaction forms X -YES NO This new housing will not have existing owners and is vacant land. Date of Notification: Will the proposed project activity directly result in permanent, temporary or economic displacement? If yes contact the Community Development staff, as there are mandated YES X - NO time frames and requirements which must be met to minimize relocation cost. If yes, are the displacees considered low income families or individuals? (include documentation of current resident incomes) YES NO If yes, what steps have been taken to minimize displacement? If yes, what assistance/benefits will be provided to displacees? Will the proposed project result in the demolition or change in the use of any existing low income housing units? YES X - NO If yes, what plans have been developed to replace the units and ensure that they stay at or below "Fair Market Rent" for 10 years:~ L__Qf_ficer of the_.private or the non-p..r. pfi__t_,c...o_r. eoration must sign below. ' ..... 22...L~2 ....: To the best of my knowledge and belief, statements and data in this application are true and correct. . Signatura, Chairman/Executive Dir./CEO :::::::::::::::::::::::Signature, Chairman/Executive Dir./CEO Signature, Chelrrnan/Exacutive Dir. ICEO .:.:.:.:.:.:.:-:-:.:.:.: Rob McCready :::::::::::::::::::::::: Name (Typed or Pdnted) :::::::::::::::::::::::::Name |Typed or Printed ~Ei~i!~!~i!!i!]E!iiiii! Name (Typed or Printed) ............ ======================== 10/12/00 :::::::::::::::::::::::: ................................. Greater Iowa City Housing Fellowship opening the doors of Iowa City 1700 South First Avenue Suite 25B Iowa City, IA 52240 (319) 358-9212 July 10, 2000 Iowa City City Council Civic Center 410 East Washington Street Iowa City, IA 52240 Dear Council Members, The Housing and Community Development Commission is recommending that $225,000 of local General Funds and Home funds in the Affordable Housing Funding Pool Program be awarded to MetroPlains Development for partial funding of an 30 unit affordable rental housing project to be constructed in the Village Green subdivision. We are writing to request that the Council not approve this recommendation and instead ask the HCDC to accurately advertise the terms under which money from the Affordable Housing Funding Pool will be awarded so that all interested affordable housing developers will have an equal opportunity to use the program. The staff of Greater Iowa City Housing Fellowship had previously considered applying for Affordable Housing Funding Pool funds to finance affordable rental housing projects. However, after reviewing the advertised criteria for the program we had decided that the loan terms and the requirement that these funds must be the last financial component of a project were not workable for financing affordable rental housing developments. The "Guidelines for the Affordable Housing Funding Pool Program" on the first page under the heading "Other General Criteria" states that "Repayment must not exceed a 10 year term at 3%-7% interest rate" and that "Funding must be the last financial component needed". The word "must" indicated to us that these were non-negotiable requirements for the program. The annual payments on a $225,000 loan at a 3% compound interest rate amortized over 10 years are $26,071. By comparison we are able to obtain conventional loans from private lenders at interest rates no higher than 9.5%, amortized over 30 years, resulting in annual payments of $22,703 for the same principal amount. Therefore, we had no reason to be interested in the Affordable Housing Funding Pool as a source of funds under these loan terms. Further, the requirement that Pool funds must be the last financial component required for a project would not have been workable since State and national sources of funding require that local funds be committed first. Now we understand that the terms recommended by the HCDC for the MetroPlains project are substantially different from the advertised criteria for this program. They are recommending a $225,000 principal amount with a 1% simple interest rate and an amortization period of 20 years. Steven Nasby has provided an outline of the loan terms he will propose for your consideration. They are a simple interest rate of either 1% or 3% and graduated payments over 20 years. Under the terms proposed by Mr. Nasby, the applicant would have annual payments for the Pool funds loan starting at $2,250 and increasing only to about $12,450 in the 10th year, the same repayment period we would have considered in deciding to apply for these funds. These annual payments are far less than the $26,071 annual payments we would have expected if we had applied for this program. We also understand from reading the MetroPlains application that the applicant has not secured ftmding from the State for Home funds or for Low Income Housing Tax Credits. Therefore, the Pool funds are not the last financing component needed for the proposed development. We believe that the HCDC has substantially changed the criteria for the Affordable Housing Funding Pool as they apply to affordable rental housing development and that these changes have not been made known to local affordable housing developers. We also are of the opinion that if GICHF had been aware of these changes we would have applied for the funds available from this program. Since $150,000 of the funds in the Pool program are local money from the City's General Fund we would hope that the Council would want all local developers to have equal access to this program. In this instance, it seems to us that the HCDC has offered local funds to a non-local firm on terms much more favorable than local developers were reasonably assuming were available. We are requesting that the Council not approve the recommended allocation to MetroPlains. We would also request that the Council have the HCDC publish a new set of criteria for the Affordable Housing Funding Pool Program such that the changes in loan terms and other requirements are clearly stated. Very truly yours, Maryann Dennis Executive Director President, Board of Trustees CC: 'Jane Moraski, Chair, Housing and Community Development Commission Eleanor Dilkes, City Attorney Steven Nasby, Director, Department of planning and Community Development /2, Prepared by: Angela Willjams, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5244 RESOLUTION NO. 00-251 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City, Iowa, has been informed by MDI Limited Partnership #65 that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Rosefield Drive and Capital Court, Iowa City, Iowa, located and described as follows: See attached Exhibit A incorporated herein by this reference. WHEREAS, this housing project will contain 30 units; and WHEREAS, the units will be targeted to low and moderate income families; and WHEREAS, the property will have the following amenities: 1. Three bedrooms; 2. 1- ¼ baths; 3. 1,200 square feet of living space; 4. Single car attached garage; 5. Two handicap accessible units; 6. Traditional Neighborhood Design; and WHEREAS, the City Council determines that such a development would be in the public interest and the sponsor has requested local assistance through the City of Iowa City Affordable Housing Funding Pool Program. NOW, THEREFORE, BET IT RESOLVED by the Iowa City City Council, that it supports the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until August 1, 2001. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this 18th day of July ,20 O0 MAYOR Approved by ppdcdbg/res/affhsg2.doc Resolution No. 00-251 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman x O'Donnell X Pfab X Vanderhoef X Wilbum - ~ ~os R lo~,--"~ toe l~'/' t f--"' ~ ., - _ _ .~. ~ - ~- - ~ ~ ~' ~ ~ ~ ' I ' ' ~ 103 ~o :. ~,~ ~ ~o~ ',~ ', ~, - ~ ~= ,, , ~' ,. ~:.~':~ / ~ I I ; I~ ' ' ' ' ~ ' ' ~ ~ 116 z - 145 ~ 50 ' " I~ ~ ~ I II ' ~ ~ ~59 i~ 139 ~, ~ 137' " ,.M 125 126 3~ 13~ 5~t~ _ - - ~ ]27 129 ~ ~ ~ ~/12S ~..,,- ,,, CitU July 18, 2000 ~"'~t~ Low-Income Housing Tax Credit Program Iowa Finance Authority 100 East Grand Suite 250 Des Moines, IA 50309 Re: MDI Limited Partnership #65 Rosefield Drive and Capital Court, Iowa City, Iowa MetroPlains Development, LLC Ladies and Gentlemen: This letter will verify that the City of Iowa City is in favor of and supports the above-described Project for construction in Iowa City. We understand that the Iowa Finance Authority will rely on the information contained in this letter to verify that the Project has local support. Sincerely, t""Erni;a Lehman, Mayor' 410 [:AS'F WASHING]ON STREET · IOWA ('l'lY, IOWA 52240 1826 · (319) 356-5000 · I:AX I:~ll~ t56-'~009 TROPLAINS NOTIFICATION TO CHIF, F EXECUTIVE A ~ ~4 s P a o P E R T ~ E S ~ n C METROPLAINS DEVELOPMENT LLC · " h o u s i n g t h e h e a r t I a n d July 10, 2000 Mayor Ernie Lehman City of Iowa City 4 10 E. W~ngon St. Iowa City, IA 52240 Village Green Colons Ro~field Drive ~d Capital Cou~ MetroPlains Development, LLC Dear Mayor Lehman: This letter will serve as notice that MetroPlains Development, LLC intends to construct a thirty (30)-unit low-income housing development in your community. A summary describing the development is as follows: MetroPlains Development is proposing to build 30 three-bedroom duplexes. Each home will have combined living room, dining room, full kitchen, 1-1/2 baths. The two story duplexes accommodate living and sleeping area on different levels for privacy and are designed to provide efficient use of space in meeting the needs of a family. Each home will have approximately 1200 square feet of living space plus a single car attached garage. There will be two handicapped units, which will be approximately 150 square feet larger to allow placement of a bedroom and full bath on the first floor. The proposed development will be a tasteful addition to the surrounding neighborhood and will be a traditional neighborhood design. If you have any comments regarding this development please direct the comments to me with a copy to the Iowa Finance Authority. The Authority must receive comments no later than August 17, 2000. Sincerely, MetroPlains Development, LLC CC: Iowa Finance Authority SPRUCE TREE CENTRE · 1600 UNIVERSITY AVE. · SUITE 212 ST PAUL MINNESOTA 55104-3825 651 646 7848 · FAX 651 646 8947 Prepared by: Angela Williams, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-~244 RESOLUTION NO. A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFOR[:;YABLE HOUSING IN THE CITY OFt~OWA CITY AND AUTHORIZING THE MAYOR T~O SIGN A LETTER OF SUPPORT TO\FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City,-!owa, has been informed by MDI Limited Partnership #65 that a low income housing tax credit a.pi?lication will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Rosefield Drive and Capital Court, Iowa City, Iowa, located and describedas follows: See attached Exhibit A incorporated herein by this reference. .. WHEREAS, this housing project will contain '3~ units; and WHEREAS, the units will be targeted to low and'~moderate income families; and WHEREAS, the property will have the following amenities: 1. Three bedrooms; . \, 2. 1- % baths; 3. 1,200 square feet of living space' ~",, 4. Single car attached garage; ,. .., 5. Two handicap accessible uni.~; 6. Traditional Neighborhood I~sign; and WHEREAS, the City Council determines that such a development ~ould be in the public interest Housing ,, NOW, THEREFORE, ~T IT RESOLVED by the Iowa City City Count, that it suppods the development of the ~oresaid housing in our community, subject to city~ordinances and the building permit process. This resolution is effective until August 1, 2001. I~ the event that any of the charaderist)(s mentioned above should change prior to the issuance o~,,.a building permit, this resolution is~.~ull and void. Passed and ~pproved this day of ,20 .'~ MAYOR '~- Approved by A~EST: CI~ CLERK City A~orney's O~ce ppd~es/a~2,d~ Prepared by: Andrew Matthews, Ass't. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-252 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PATHNET TO USE A PORTION OF CITY STREETS RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Pathnet desires to install a buried and aedal conduit system containing a fiber optic telecommunications cable from the U.S. West Central Office at 302 S. Linn Street to Pathnet's Regen Site at 3000 Industrial Park Road. As a Carriers Carrier of telecommunications services, Pathnet will not be providing end-user or local services within Iowa City; and WHEREAS, it is in the public interest to enter into an agreement with Pathnet concerning the construction work and the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and Pathnet to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Pathnet's expense. Passed and approved this 18th day of ,]u'l.y ,20 00 Approve,d.~. CITY"'CLERK ~ andy%res~pathnet.doc Resolution No, 00-252 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Andrew P. Matthews, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND PATHNET OPERATING, INC. FOR USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and 'equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public property" shall mean public-owned or controlled public land and rights-of-way, easements, bridges, parks, squares and commons. d. "Network" shall mean Pathnet Operating, Inc. and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alley, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and "'- refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) days' notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days, without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition or the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. 3 SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water 4 mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City, when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities, including buded abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take 5 appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. -:' The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such-cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through acontractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage during the term or their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or 6 consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within--:' Network's telecommunication system to any third party users of such facilities, In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control, merger or consolidation. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY The City may terminate this Agreement at any time upon thirty (30) days' notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Network: Licensing and Right of Way Pathnet 1661 Gateway Blvd. Richardson, TX 75080 Provided, however, that in case of emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the 18th day of July , 2000. --: PATHNET OPERATING, INC. CITY OF IOWA CITY, IOWA 7/~ y . it Title: Maynr R Approved by: CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this i~,,,z~ day of "]'T,,<_t~ 20 ~a before me, -.-%~",-J.':. ~' F~ r--k ,a Notary Public in and ~orAt'hD~ State of Io~va, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and 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 corporation by authority of its City Council; as contained .in (Resolution) No. co - 35.9---passed by the City Council, on the /,~ ,'A day of -.) .-~ <h~e , 2000, and that Emest W. Lehman and Madan K. Karr acknowledged that 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 My commission expires: ~ - 7_ o ? NETWORK ACKNOWLEDGEMENT STATE OF "7'-~,r_c~/ ) ) SS: /~/~--/-~ COUNTY ) On this /zf, '~ay of A.D. 20 ~ , before me, ~e undersigned, a Nota~ Public and for the State of ~~~onally ~ppeared ~---~ ~ ~' ~ ~ me personally known, who, being by me duly sworn, did say that they are the ~ ~,-~~ of said ~rporation executing the within and foregoing instrument to which this is a~ached, that (no seal has been procured by the said) ~rpomtion; that said instrument was signed (and sealed) on behalf of (the seal and -- as such offi~rs acknowledged the exertion of said ins~ment to be the volunta~ ad and deed of said ~rporation, by it and by them voluntarily executed. ~ nd for sai Coun~ and State A~gt~tele~d.d~ i 00-~LI Sn Prepared by: Andrew P. Asst. City Attorney, 410 E. Washington St., IA 52240; 319-356-5030 AN AGREEMENT BETWE N THE CITY OF IOWA CITY, IOWA PATHNET USE PUBLIC RIGHTS-OF-WAY FOR {E INSTALLATION, OPERATION MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City owa City, Iowa and, appropriate, shall include its officers, employees and agents. b. "Public improvements" shall any publicly improvements on public property, including but not limited to paving, ;idewalks, g vegetation, trees, street lights, traffic signals, water mains, sewers, transmi,,lines and equipment related thereto, cable and telephone lines and equipm thereto. c. "Public property" shall mean City-owr ,r controlled public land and rights-of-way, easements, bridges, parks, squares and ~mons. d. "Network" shall mean Pathnet and sh; ude equipment owned, operated, leased, or subleased in connection with the 0 of the network, and shall include cables, underground conduits, handholes, optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a lice~ to construct, maint inspect, protect, repair, replace and retain a communications syste in, under, upon, along across the public property shown and identified in Exhibit A subject to the re of the City and subject to the conditions SECTION 3. REPAIR, EXTENSION OR EXI kNSION OF THE NETWORK Before commencing extension or expansion of its system, ,r any major repair work or the installation of any system in the City, the Network file with the Public Works Department of the a written statement verifying the public under which or upon which the Networ proposes to extend, expand, install or re , system. The Director of Public Works require the statement be accompanied by a map, plan or specifications showing the location of the system components with references to streets and alley, the size and of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable 2 time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the, approved maps, plans or specifications. No such excavation, construction or erection shall 3e commenced ;before the issuance of the permit herein provided for, unless it is an emergeroy as described in Section 5. All work performed by Network shall be in accordance with the apl:roved maps, ans or specifications. SECTION 4. CONSTRUCTION AND REPAI OF NE ORK In the process of location, construction, reco struc on, replacement, or repair of any system component, the excavation or obstruction ma or placed in public property at any time or for in the Manual on Uniform Traffic Control All pavement taken up or damaged shall be properly and speedily replaced in the City's regulations, City's Municipal Design Standards and Standard Construction and warranted for a period of five (5) years. As a condition to the use of public the Network shall, at its own expense, repair or cause repair to any private pr utility system component, public improvement, or public property damagec h location, construction, reconstruction, replacement or repair work. If the Network ~ils to re iir or arrange with the City for the proper repair of any public property after excavati, is have made, and after thirty days' notice in writing to do so given to its designated re ~en the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make in City avenues, alleys and public pi'operty for purposes of routine re replacement, and intenance of wires, lines or other system components associated with le Network. In such excavations, the Network shall obtain a permit pursuant to Ci Ordinances and lations, shall not unnecessarily obstruct the use of streets, alleys or public places, ;hall provide the Public Works Director with twenty-four (24) hours otice prior to the actual of the work, and shall comply with all City provision , requirements and reg~ ~ns in performing such work. However, three (3) days' notice s all be provided to the Pt \W, rk. Director for any work requiring a street closur.e or deto . In. emer.gencies w. hich requir~ i.m.mediate exca. vation: the Failure to Comply; Remedies. I~the Ne~ork fails to comply with the provisions of this Section, the City may repair or restore the public prope~y to a condition as good as the condition or the prope~y prior to the disturbance by the Ne~o~. The Ne~o~ shall pay the costs of such repair or restoration. The Ne~ork shall pay to the City its costs and charges for such wo~ within si~y (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do~' or permit to be done, any underground and overhead installation or improvement that may ~e deemed necessary or proper by the City in, across, along, over or under any public property, occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages grising out of the performance of such work by other parties. Nothing in this agreement sha l be co~ to relieve other persons or corporations from liability for damage to the Netw'3rk's SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply persons, firms or corporations performing work for the Network under a contract, subcon time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET O( The fiber optic cable systems and other of the facilities erected by the Network within the City shall conform to establish~ grades streets, alleys and sidewalks, and be so located as to cause minimum interferent with the oth public utilities located in or upon public property, and to cause minimum' with rights or reasonable convenience of property owners who adjoin public pro ,rty. The Network shall conduct its work !reunder an such as to cause as little interference as possible with pedestrian and and shall ~bide by scheduling directions, if any, given by the Director of The Network shall, upon reasonal ,~ notice and at its sol~ cost and expense, remove, locate and relocate its facilities in, on, r or under public prol in such manner as the City may at any time require for the purpose of facilitating the ion, reconstruction, maintenance, repair or change in grade of any public improvement on, in about any such public property, for the purpose of promoting tqe efficient operation of such improvement, or for the purposes of facilitating the vaca:ion and/or redevelopment of' ~ublic property or public right-of- way by the City. In the event the Network fails to act within a allocated time, the City may cause the Network facilities to be relocated, and the shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for of work from contractors employed by the City that are a result of Network's failure to a reasonable time shall be the responsibility of the Network. In the case of Public Works iects, reasonable time shall be defined as the six week per'od from the date of the public hearin~g. The Network shall not place its facilities in the public property wherethe same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water 4 mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be proviFled in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call Systen" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. /' Installation, repair, or replacement work the Network or any facilities requiring excavation of public property or public of-way sl require Network to restore and replace surface vegetation with sod in ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City, when are to be abandoned. The Network shall remove manholes, handholes, vaults, ove~ ~cilities and equipment related hereto from the right-of-way as required in conjunction ht-of-way repair, excavation or construction unless this requirement is waived by the Public Works. SECTION 10. POWERS OF CITY Nothing in this agreement shall be ~nstrued to abd. ;le the right or power of the City to make further regulations relative to the of the streets a and public property by anyone using the same for the installation of systems, including, but not limited to, fees for use of public property. such further re ions shall apply to Network and to this agreement. SECTION 11. PLANS AND C~ :)RDINATION Upon completion of the the Network shall promptly to the City copies of 'as-built" plans related to its facilities~ted on public property. The Network shall keep ~lete and accurate maps a~ records of the locations and operations of its facilities, including buried abandoned ilities, in connection with this agreement. SECTION 12. VIOLATIOI~ S OF AGREEMENT Upon evidence being received by the City that a violation or of this agreement is occurring or has occurrea.~ or that a violation of codes or lawfully regulating the Network in the operation 0~F its facilities or the manner of use public property either is occurring or has occurred (hereinafter referred to as a "default" City shall cause an investigation to be made. If the City finds that a default exists or has , the City may take 5 appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. ,.. If the Network fails to cure a default within the, time allowed, ~ City shall have the right to: / i. seek specific performance; or ii. remedy the default by doing the act itsel, or through a contractor, and charge the costs of such work to the Netwo k; or iv. ( SECTION 13. LIABILITY, INDEMNIFICATI( INSURANCE The Network covenants to indemnify, the City and its officers, agents and employees, harmless from any and all da ages ari~ ~g directly from the exercise of the rights i ~roperty to maintain insurance coverage in comprehensive form and in the am~}Z~nts to be the City, to maintain said coverage during the term or their work and to provide the City witi' certificates of insurance satisfactory to City. / / SECTION 14. SEVERABILITY / In the event a court of competent jurisdiction shall ~ny provision or provisions hereof invalid or illegal, or direct a chang by the Network in any ~er or thing herein contained such invalidity, illegality or change all be deemed severable nd shall in no way affe~ the remaining provisions of this agr ment or their validity or legall[ , and this agreement in all other res. pects s. hall .conti.nue in full fce and effect as if said pr.ovisi or provis!on, s ha.d not been so e transfer this agreement or of its rights and interest to any firm, corporation or indi~qdual, without the prior written of the other party, except either party shall have the right to assign, convey, or otherwise trar its rights, title, interest and obligations under this agreement, in whole or in part, to any entit~ controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within Network's telecommunication system to any third party users of such facilities. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control, merger or consolidation. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY The City may terminate this Agreement at any~ time upon l irty (30) days' notice provided to Network, if the City determines that the proper. y or publi right-of-way is needed for a public purpose and should be cleared of any and all obstructio . When not in conflict with other City purpose, need or use, as long as the Network exercise the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any st et, alley or public property in whic~ the Network has installed its facilities without reserv'ng s ch rights as necessary to allow continued use of such property for the said facilities in acc rdance with the terms of this agreement, provided that nothing herein shall limit the City' ' uire the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICE8 Except as may be expressly provided here' , any netices hereunder shall be in writing and shall be delivered via certified mail and addr, ssed as follows, unless indicated otherwise in the future: If to City: Public W rks Director City of I a City Civic O nter 410 E. ashington St. Iowa ity, IA 52240 If to Network: pP 166'1 Gateway Blvd. Richardson, TX 75080 Provided, however, that in cas~ of emergency, notices may be given verbally to the above- named persons. In such cas~ written confirmation shoL Id be provided. Nothing contained herein shall prevent other forrr s of notice if actually rece ved by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. \. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the day of , 2000. PATHNET CITY OF IOWA CITY, IOWA By: ~- : "'.;-- -' Approved by: CITY OF CITY AC (NOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day A.D. 20 before me, , a Notary Pc 3lic in and 'for the State of Io~va, personally appeared Ernest W. Lehma and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they the Mayor and City Clerk, 'espectively, of said municipal corporation executing the within and instrument; that the seal affixed thereto is the seal of said municipal corporation; th~ said instrument was signed and sealed on behalf of said corporation by authority of its City as contained in (Resolu' 'on) No. passed by the City Council, on the day of ,2000, and that Ernest W. Lehman and Madan Karr acknowledged that the e:ecution of said instrument to be the voluntary act and said corporation, by it and by the T~ voluntarily executed. Notary Public in nd for the State of Iowa My commissio res: 8 NETWORK ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personall appeared / to me personally known, who, being by me duly sworn, did ;ay that they of said corporation executing the within and foregoing to w this is attached, that (no seal has been procured by the said) corporation; that said (and sealed) on behalf of (the seal affixed thereto is the seal of said) said cor n by auth~ of its Board of Directors; and that the said and officers acknowledged the execution of said instrument to be the voluntary act and deed by it and by them voluntarily executed. N, Public in and for said County and State Andy~agt\teleport.doc ~ ~ o7-~,~-oo q4 Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-253 RESOLUTION TEMPORARILY CLOSING A PORTION OF MADISON STREET RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, the University will be repairing a steam vault on the southeast comer of the intersection of Madison Street and Washington Street; and ~ WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic dudng construction along Madison Street between its intersections with Iowa Avenue and Burlington Street; and WHEREAS, the padies acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to temporarily close a portion of Madison Street right-of-way in Iowa City, Iowa in order to assure a safe construction site for the University of Iowa and thereby ensure public safety. 2. The following public right-of-way'shall be temporarily closed: There will be one phase of traffic control for this project. This detail is included in the attached agreement for temporary use of public right-of-way. Two lanes of traffic, one lane northbound and one lane southbound, shall be maintained at all times. This temporary closure shall end no later than September 1, 2000. 3. The agreement for temporary use of public right-of-way attached hereto is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest said agreement for and on behalf of the City of Iowa City for recordation in the Johnson County Recorder's Office, at University expense. /r ved by ~'~ . CI City Attorney's Office pweng~'es/steam.doc Resolution No. 00-253 Page It was moved by Pfab and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Ron Knoche, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA This Agreement is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the University will be repairing a steam vault on the southeast corner of the intersection of Madison Street and Washington Street; and WHEREAS, the University and City desire to secure the construction site against pedestrian and vehicular traffic during construction along Madison Street between its intersection with Iowa Avenue and Burlington Street. WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and Now, therefore, in mutual consideration of the promises herein, the University and City agree as follows: 1. The University is directing repair work at the corner of Washington Street and Iowa Avenue in the Madison Street right-of-way in Iowa City, Iowa. Because construction will take place adjacent to the Madison Street right-of-way, it is in the best interests of both the University and the City to temporarily close a portion of Madison Street right-of-way in order to safely accommodate said construction. 2. In order to protect the construction area from traffic, and also to protect the pedestrian traffic from the construction site, City agrees to temporarily close a podion of Madison Street right- of-way, namely: Two lanes between Iowa Avenue and Burlington Street. Two lanes, one northbound and one southbound, shall be maintained at all times. In consideration of the University's use of Madison Street right-of-way during construction, the University agrees to secure its construction site against pedestrian and vehicular traffic by providing adequate traffic control, and by fencing all open excavations while the contractor is not working. The University further agrees to provide and keep in place, and maintain in good working condition, signage necessary to: a) Route pedestrians. b) Provide advance warning, c) Provide for the orderly and predictable movement of vehicular traffic. ,. 2 All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Exhibit "A' shows the area of closure. 3. The parties agree that this agreement for the project will be in effect no later than September 1, 2000. 4. After construction is completed, University agrees to restore all rights-of-way to the City's complete satisfaction. 5. This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. 6. University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attomey's fees, arising from University's use of the Madison Street right-of-way hereunder to the full extent permitted by Chapter 669, Code of Iowa (1997). Dated and signed this 'lgthday of ,]u'ly ,2000. CITY OF IOWA CITY, IOWA UNIVERSITY OF IOWA Universit 'ness Man~er ATTEST: '>2 .,q.,v_~.,~-~ 'X'2· "'~.,{.A~ ATTEST: Mari~/n K. Karr, City Clerk Dougla~our~ Secr STATE OF IOWA ) ) SS: JOHNSON COUNTY On this ~'~" day of ~.L~a~N~t . 2000. before me. -~ ~J,'~ ~ r.-df" ary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinal~.e) (Resolution) No. C~c~- Z..~_~ passed by the City Council, on the ! E-~ ~,L day of ""~ '-'~1 , 2000, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this :::::2.) ~cL day of ~'IU~\~ , 2000, before me, ~--'rr~.~-~ , a Notary Pu c in and for the State of Iowa, personally appeared Michael J. Finnegan and Douglas M. Young, to me personally known, and, who, being by me duly sworn, did say that they are the University Business Manager and Secretary of the Eueinoc, o Officc~ respectively; that they have authority to act and are acting on behalf of the University of Iowa, as o.~-~ provided by and that as such these persons did execute the foregoing instrument as the voluntary act and dee~i of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. u.j.K,,,.. ~'~'~"~, ~L.. ~_.~c', ,,.~, .o~r P.~- ST^T. O~ IOWA My C~xnmk.ka Expire.: OcUar 13, 20O0Notary Public in and'fcr the State of Iowa Approved by ttorney's Office pweng/agt/steam.doc / ....... Prepared by: Kim Shera, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF IOWA FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF IOWA AVENUE IN IOWA CITY, IOWA. WHEREAS, the State of Iowa is the owner of certain real estate located at 402 Iowa Avenue, Iowa City, Iowa; and WHEREAS, the State of Iowa, hereafter the "Owner" will be reconstructing the entrance to a building located at 402 Iowa Avenue; and WHEREAS, renovation work will take place on property along the north edge of Iowa Avenue addressed 402 Iowa Avenue, and Owner wishes to facilitate the safe execution of said renovation and to secure passing pedestrian traffic from the area to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 402 Iowa Avenue on the north side of Iowa Avenue between Gilbert Street and Van Buren Street to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Iowa Avenue right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that vehicular traffic will not be materially' impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Iowa Avenue public: right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA, CITY, IOWA, THAT: 1. It is in the public interest to temporarily close a portion of the Iowa Avenue right-of-way adjacent to Owner's property along the north edge of Iowa Avenue adjacent to 402 Iowa Avenue in Iowa City, Iowa in order to assure the safe renovation of a building at 402 Iow;l Avenue, and thereby ensure public safety. Such temporary right-of-way use shall take effect beginning July 19, 2000 and end upon substantial completion of the construction, but no later than September 17, 2000. 2. The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporatec'l by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owner's expense. ,, Resolution No. 00-254 Page 2 Passed and approved this 18th day of July ,2000. CORPORATE SEAL rove CI RK City A~omey's ~ It was moved by Vanderhoef and seconded by II' IlnnnP11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ,-, X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilburn pweng/res~ov~ve5.doc Resolution No. 00-254 Page 2 Passed and approved this 'x:, th day of July 2000 RK City ARomey's It was moved by Vanderhoef and ~nded by ~'Onnnel I the Resolution be adopted, and upon roll call there were: AYES: NAYS: AE X Champion X Kubby X Lehman X NoRon X O'Donnell x Thornber~ X Vanderhoef )n~m~av~.d~ / ,, / ", / - / / / / / AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE STATE OF IOWA FOR A PORTION OF THE IOWA AVENUE RIGHT-OF-WAY IN IOWA CITY, IOWA This Agreement is made by and between the State of Iowa, hereinafter also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereina~er referred to as "City." WHEREAS, the State of Iowa is the owner of certain real estate located at 402 Iowa Avenue, Iowa City, Iowa; and WHEREAS, renovation will take place on property along the north edge of Iowa Avenue, addressed 402 Iowa Avenue and Owner wishes to facilitate the safe execution of said renovation and to secure passing pedestrian traffic from the area to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 402 Iowa Avenue on the north side of Iowa Avenue between Gilbert Street and Van Buren Street and to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Iowa Avenue right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of pedestrian traffic in the area and is thus in the City's best interests; and NOW, THEREFORE, in mutual consideration of the promises herein, Owner and the City of Iowa City agree as follows: 1. The Owner will be reconstructing the entrance to the Centennial Building at 402 Iowa Avenue, Iowa City, Iowa. In order to facilitate the safe execution of said reconstruction, and to secure passing pedestrian traffic from the area, Owner has requested the City permit the temporary use of a portion of the Iowa Avenue right-of-way between Gilbert Street and Van Buren Street. 2. In consideration of the City's permission herein to temporarily close a portion of the City sidewalk along the north side of Iowa Avenue adjacent to 402 Iowa Avenue during the renovation of the building, Owner agrees to secure construction site against pedestrian and public traffic by constructing a six foot high chain-link fence as shown in Attachment "A", by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. 3. In consideration for Owner's promises herein, the City agrees to allow Owner to temporarily use a portion of the right-of-way along the north side of Iowa Avenue and to temporarily close a portion of City sidewalk adjacent to 402 Iowa Avenue as detailed in Attachment "A". 4. Owner agrees to provide, keep in place, and maintain in good working condition certain signage necessary to: a) route pedestrians. 2 b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 5. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owner's use of the public right- of-way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close a portion of a sidewalk along the north side of Iowa Avenue adjacent to 402 Iowa Avenue, all as described herein. Owner further agrees to carry Class II liability insurance in the amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. 6. After construction is complete, Owner agrees to restore any and all portions of the north Iowa Avenue right-of-way to its pre-construction condition, to the City's complete satisfaction. With respect to this agreement for use of public right-of-way and the temporary closure of a portion of the Iowa Avenue sidewalk, City and Owner agree this agreement shall be in effect beginning July 19, 2000, and ending upon substantial completion of the work, but no later than September 17, 2000. 7. Notwithstanding the above, Owner agrees to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to Owner. If Owner fails to remove any obstructions, barricades or signage from the public right-off way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owner for payment to City. 8. Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 3 Dated this d~ '/~ day of ("~~.~' ,2000. CITY OF IOWA CITY, IOWA THE STATE OF IOWA Mariah K. Karr, City Clerk Approved by: City Attorney's Office CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this i r~ ~' day of "'-7. ,_,~ and f~r the State of %o~ti-r'~-, ¢. ~'t.,'t , a Notary Pui31ic2~n oc, before me, Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. oo-.- Z~5 ~- passed by the City Council, on the i~. -6 day of '~-L. 20 co , and that Ernest W. Lehman and Madan K. Karr acknowledged the/execution of th; instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 4 STATE OF IOWA ACKNOWLEDGEMENT STATE OF IOWA ) Zk ) ss: · J(,)HNSON COUNTY ) On this ,.~ day of ~o 21:~ , before me, the undersigned, a Notary Public in and for f iowa, person~ll/~'Da~peared and ~ to e personally known, who, bein~ by me duly sworn, did say that they are the ~~ ~ and ~ , respectively, of said corporation executin~ the within and fore~oin~ instrument to which this is a~ached, that (no seal has been procured by the said) ~rporation; that said instrument was si~ned (and sealed) on behalf of (the seal a~xed thereto is the seal of said) said ~rporation by authori~ of its Board of Directors; and that the said ~ and ~ as such o~cers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, by it and by them voluntarily executed. N t P~~~~n~ and State My ~mmission expires: pweng.'agtJio'.raave,doc Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 00-255 RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ACT ON THE CITY'S BEHALF IN EXECUTING AGREEMENTS FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY. WHEREAS, the City is often asked for permission to use public right-of-way for various temporary uses; and WHEREAS, pursuant to Section 14-1A-2 of the City Code the Director of Public Works is responsible for construction, management and maintenance of public right-of-way; and WHEREAS, the Department of Public Works reviews such requests for temporary use of public right-of-way to determine if they are~ consistent with the public's use of the right-of-way and public safety and in the City's best interests; and WHEREAS, the Director of Public Works should be authorized to authorize temporary use of public right-of-way and execute agreements for temporary use of public right-of-way with the exception of agreements for the placement of public utilities in the right-of-way and the use of sidewalk cafes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Director of Public Works is hereby authorized and directed to authorize temporary use of the public right-of-way and execute agreements for the temporary use of public right-of- way with the exception of agreements regarding the placement of public utilities and the use of sidewalk cafes. Passed and approved this 18th day of ,Ju'l.y ,20 00 C City Attorney's Office pweng/res/execagmt.doc Resolution No. 00-255 Page 2 It was moved by Champ'ion and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 00-256 RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MERCY IOWA CITY. WHEREAS, Mercy Iowa City is the fee owner of certain real estate located at 500 E. Market Street, Iowa City, Iowa; and WHEREAS, Mercy Iowa City, hereinafter "Owner', is undertaking an expansion of its facilities located at 500 E~ Market Street; and WHEREAS, Mercy Iowa City desires to place an electrical duct bank within the 200 block of the Johnson Street right-of-way; and WHEREAS, the proposed electrical duct bank encroaches onto the Johnson Street right-of-way; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works finds the use of a portion of the Johnson Street right-of- way for placement of the electrical duct bank to be a minimal intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded; and WHEREAS, an agreement for the temporary use of the Johnson Street right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds the use of a portion of the Johnson Street right-of-way for placement of an electrical duct bank, as described in the attached agreement, to be a minimal intrusion into the public right-of-way. 2. The easement agreement for temporary use of public right-of-way attached hereto is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the easement agreement on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owner's expense. Passed and approved this 18th day of ,)u]3/ ,2000. R Approved by ity orney's ~ce pwadmin\VesVne~--y.doc Resolution No. 00-256 Page 2 It was moved by Vanderhoef and seconded by O' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by: Chuck Schmadeke, Dir. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between Mercy Iowa City, hereinafter referred to as "Owner," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Mercy Iowa City is the fee owner of certain real estate located at 500 E. Market Street, Iowa City, Iowa; and WHEREAS, Mercy Iowa City, hereinafter "Owner", is undedaking an expansion of its facilities located at 500 E. Market Street; and WHEREAS, Mercy Iowa City desires to place an electrical duct bank within the 200 block of the Johnson Street right-of-way; and WHEREAS, the proposed electrical duct bank encroaches onto the Johnson Street right-of-way; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works finds the use of a podion of the Johnson Street right-of- way for placement of the electrical duct bank to be a minimal intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Owner is the fee owner of certain real estate located at 500 E. Market Street in Iowa City, Iowa. 2. In consideration for Owners promises herein, City agrees to permit the Owner to install, locate and maintain an electrical duct bank adjacent to Owner's property as a temporary use of the Johnson Street public right-of-way. The temporary use shall conform to Attachment A, attached hereto and incorporated herein by this reference. 3. Owner agrees to submit construction plans for an electrical duct bank to the City for review and approval prior to any construction or reconstruction, the design of which shall conform to the standards of City Code. Owner further agrees to use, manage and maintain the area along the sidewalk on the north side of Johnson Street adjacent to Owner's property in compliance with the City-approved site and construction plans, together with all applicable City regulations and ordinances. 4. Owner agrees to remove the electrical duct bank from City right-of-way on Johnson Street when any one of the following events occurs: a. Within 90 calendar days after the City gives written notice of removal to the Owner. b. The use of the property changes and the area of the property described in Attachment A is no longer needed or appropriate, as determined by the City in its reasonable discretion. If Owner fails to remove the electrical duct bank from the Johnson Street right-of-way as required, the City may remove the electrical duct bank, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Code of Iowa (1999). 5. Owner agrees to maintain the electrical duct bank in good and reasonable repair, and to minimize unreasonable safety hazards to passing pedestrian traffic. 6. In the event the electrical duct bank is ever replaced for any reason, Owner agrees to replace them according to the requirements and approval set forth in Paragraph three (3) above. 7. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, or repair of said electrical duct bank, including any liability which the City may incur as a result of its decision to allow placement of said electrical duct bank within the Johnson Street right-of-way. However, Owner shall not be held responsible as to claims that the City's actions were ultra vires. Owner is required and agrees to maintain or cause to be maintained liability insurance, in the minimum amount of $500,000, with contractual liability coverage included as part of such insurance, and shall furnish a certificate of insurance for that policy, satisfactory to the City. Owner agrees to maintain or cause to be maintained such insurance in force until the electrical duct bank is removed from City right of way, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. Notwithstanding Paragraph five (5) above, if the required insurance is not maintained, the City shall have the right to remove the electrical duct bank following thirty (30) calendar days prior written notice to the owner of the property. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (1995). 8. Owner acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and, notwithstanding Paragraph four (4), that the City may order said electrical duct bank removed at any time if, for any reason, the City Council determines that the property upon which the electrical duct bank is located is needed for public use and/or should be cleared of any and all obstructions. 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this 18th day of ,Ju'l y ,2000. 3 CITY OF IOWA CITY MERCY IOWA CITY Approved by: City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _ /$~'~ day of ' ~j,,,. 20 .oo, before me,- .Se, t~dre,.e t'-"'o'r-l- ' , a Nota~ Public ~n and for the' Stai~ of Iowa, personally al~Fed Ernest W~ Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~ o -- 2'~;/,,, passed by the City Council, on the ! '8, ,,,. day of "~Fw_ , 20 t~t..) , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of ~e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) o. z a' o. J., in and for the State of Iowa, personally appe;ed and ' , to me personally known, who, being by me duly sworn, did say that they are the U,'~e ~r,s,-a,~¢ o~ ~ a~. t~ , respectively, of said corporation executing the within and foregoing instrument to which this is a~ached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal a~xed thereto is the seal of said) said corporation by authoriW of its Board of Directors; and that the said ~ gfl ~ ~,'~ let and as such officers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, by it and by them volun~~ ' o ~ Public in and for said Coun~ and State a D- , cotl BLOOMINGTON STREET INTERIOR F~::~II~ (IN BA,SEI"ENT) ~ .,, ,~ HER6Y 5L=RVICE DRIVE ~_~ [] I;;! I;;I [;;! {Z~)PARTIAL SITE PI AN ArchltlcluFe I Fl~illeetll~g I Plln~lll~g I I MNI.9-1 ~ I I 7'~"fl ~ I I EXISTIN~ 6' 51PEHALK ] I Hamreel, Green and Abrahamsen, Inc. 1/32" - 1'-0" 2 1201 Harmon Place- Minneapolis, MN 55403-1985 DATE: Telephone 612.337.4100 Facsimile 612.332.9013 6/20/00 illIF CCONSULTANT)~II~ R 0 H R . A C H DPF PROJECT 2000 CP 3 c A e L S 0 W P C COMM. NO. __ A R C W i T r C T s 1868-002-00 07-18-00 '17 Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL TO USE A PORTION OF THE JOHNSON.STREET RIGHT- OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN ELECTRICAL DUCT BANK. WHEREAS, Mercy Iowa City is undertaking an expansion of its ~Cilities located at 500 E. Market Street; and WHEREAS, Mercy Iowa City would .,like to place an electrical duct bank in the 200 block of Johnson Street right-of-way; and WHEREAS, it is in the public interest to enter into a.nlagreement with Mercy Iowa City concerning the construction work and the responsibility for the installation and maintenance of the electrical duct bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: i J e t r bank is in the public interest, and is hereby approved as to ·form and substance. 2. The Mayor is authorizedlio execute and the City Clerk to attest the attached agreement, on behalf of the City of, Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Rec~rder's Office, at Mercy Iowa City's expense. Passed and approved]~is day of ,20~p. \,. ,. \ ' MAYOR . ATTEST: . CITY CLERK y ttorney's Oft)ace pweng/res/mercy. doc Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 3:6-5030. RIGHT-OF-WAY FOR THE INSTAL~TION, OPE~ON AND MAINTENANCE OF AN ELECTRICAL DUCT B~NK, SECTION 1 DEFINITIONS "" a. "City" shall mean the City of~'lpwa City, Iowa and, wher~ appropriate, shall include its officers, employees and agents>,, b. "Public Improvements" shall mean~ny improvemen~ on public prope~y, including but not limited to paving, sidewalks, g~ss, vegetat 00'~ trees, street lights, traffic signals, water mains, sewers, electric transmission lines a~d equipment related thereto. c. "Public prope~y" shall mean City-ownedor co~rolled public rights-of-way, easements, bridges, squares and commons. and shall include but not be limited to poles, wire~;' pipes, ~ables, under ground conduits, ducts, manholes, vaults, fiber optic cables, an~other stru~res or appu~enances. SECTION 2. BASIC G~NT // Owner is hereby granted a license to con~ruct, maintain, inspec protect, repair and replace an SECTION 3. INSTAL~TION, REp~'R, EXTENSION OR EXPANSI~ OF THE FIBER OPTIC CABLE. / Before commencing any exte ~on or expansion of its system, or any j~<er repair work, the owqer shall file with the ~ub~orks D~pa~ment of the City a written ment verifying the reference to streets an~ alleys, the size and dimensions of all h or beneath the suff~e of the ground proposed for repair or installation. If the proposed I ' o a y ~lities shall interfere with the reasonable and proper use, construction, ocat~ons f n f reconstruction an aintenance of any public improvements or any existing City-owned public utility system com'ponent, or other structure upon or under public properly, the Director of Public Works shall, W~in a reasonable time after the filing of such plan, map or specifications, note the changes 'necessa~ to eliminate all interference with a public improvement or existing City-owned, public utility system facility and refer the same back to the Owner for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Owner to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issua~3ce of the permit herein provided for, unless it is an emergency as described in Section 5. All wof'k performed by Owner shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTF~UCTION AND REPAIR OF THE ELECTRICAL DUCT BANK In the process of location, construction, reconstruction, replacement, or repair of;components of the electrical duct bank, the excavation or obstruction made or placed in public property at any time or for any purpose by th~ Owner shall, to protect the public and to assure the safe and efficient movement of traffic,~' be properly barricaded to comply, at a minimum, with requirements set forth in the Marital on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and 'speedily replaced in accordance with the City's Regulations. As a condition to the use of public'property, the Owner shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Owner fails to repair, or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Owner. .\ SECTION 5. EXCAVATIONS \ x it The Owner is authorized to make excavations in C Y streets, avenues, alleys and public property for purposes of routine repair, replacement, aOd maintenance of wires, lines or other system components associated with the Owner. In makipg such excavations, the Owner shall obtain' a permit pursuant to City Ordinances and RegulatiOns, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall pFo,yide the Public Works Director with twenty-four (24) hours notice prior to the actual commencen~,nt of the work, and shall comply with all City provisions, requirements and regulations in performing such work. In emergencies which require immediate excavation, the Owner may procee~l with the work without first applying for or obtaining the permit, provided, however, that th'~ Owner shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Owner fails to comply with the ~r, ovisions of this Section, the City may repair or restore the public property to a condition as goo~L~as the condition of the property prior to the disturbance by the Owner. The Owner shall pay the i~osts of such repair or restoration. The Owner shall pay to the City its costs and charges for such 'work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS' The City reserves the right to lay, and permit to be laid, wires, pipes, cables, con~,Uits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the, City in, across, along, over or under any public property occupied. by the Owner, and to change, any curb or sidewalk or the grade of any street. In permitting others to do such work, the City ~sball not be liable to the Owner for any damages arising out of the performance of such work by r r t o r' a SECTION 7. ~,.~..NER CONTRACTORS The requirement.~'a.f. this agreement shall apply to all persons, firms or. corpora~ons performing work for the Owner C~qder a contract, subcontract, time and materials arrangement or other type of work order or agre~'m. ent, SECTION 8. CONDITIONt OF STREET OCCUPANCY The electrical duct bank systems and other components of the facilitieserected by the Owner within the Johnson Street right:oFway shall conform to established gra~s of streets, alleys and sidewalks, and be so located 'a~ to cause minimum interference With other public utilities located in or upon public prope~y, and to cause minimum interference with the rights or reasonable convenience of prope~y owners who adjoin public prop~y. The Owner shall conduct its work hereunder in such manner as to 'cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Owner shall, upon reasonable notice andat its sole costand expense, remove, locate and relocate its facilities in, on, over or under public prope~y in Such manner as the City may at any time require for the purpose of facilitating the constructioa; reconstruction, maintenance, repair or change in grade of any public improvement on, in or a'bout any such public prope~y, for the purpose of promoting the efficient operation of any~uch improvement, or for the purposes of facilitating the vacation and/or redevelopment of publiCright-of-way by the City. In the event the Owner fails to act within a reasonably allocated time, th,e City may cause the Owner's facilities to be relocated, and the costs thereof shall be to the OWner and shall be paid as provided in Section 5 hereof. The Owner shall not place its facilities in the public propeffy ~here the same will inte~ere with the normal use or maintenance of any public.. improvement, in~ding but not limited to streets, alleys, sidewalks, tra~c control devices, saNta~ sewers, storm '~,ewers, storm drains or water mains, electrical transmission lines or any ~ublic utility facility. Upon request, the Owner agrees to assist in locating underground fa 'ities which are pa~ of its system. Such assistance will be provi~d in a timely manner, but not m re than fo~y-eight (48) hours after the time of request. As a condition of this agreement the ner shall enroll as a member of the "Iowa One-Call System" and shall respond to all reque ts and notifications excavation of public properly or public right-of-way shall require Owner to resto~. and replace surface vegetation with sod in conformance with City ordinances and in acc~dance with standard local practices for placing sod. SECTION 9. POWERS' OF CITY N h ke ot ing in this agreement shall be construed to abridge the right or power of the City t fu~her regulatio~ relative to the use of the streets, alleys and public properly by anyone using 4 SECTION 1~. PLANS AND COORDINATION Upon completio.~.of the work, the Owner shall promptly furnish to the City c of "as built" plans related to it~,.facilities located on public property. / The Owner shall kee~,.complete and accurate maps and records of the locations and operations of its facilities in conne~,ion with this agreement. SECTION 11. VIO~TIO~ OF AGREEMENT r i ordinances la~ully Tegulating the Owner in the operation of its facilities or the manner of use of public prope~y either is occurring or has occurred (hereina~er referred to ~a~ a "default"), the City shall cause an investigation to be made. If the City finds that a default'~xists or has occurred, the City may take appropriate steps to secure compliance with the terms o~,,~his agreement or the codes or ordinances. The City shall give written notice to the~wner of the default, and the Owner shall cure such default within thi~y (30) calendar days a~e~(eceipt of such notice. If the Owner fails to cure a default within the time allowed, the City shall have the right to: (i) seek specific performance; or remedy th~:,:~default by doing the act itself, or through a contractor, and charge the costs of such ~o~ to the Owner; or (iii) seek damages for such default; or (iv) any combination of (i), (ii) and (iii). SECTION 12, LIABILITY, INDEMNIFICAtiON AND INSU~CE The Owner covenants to indemnify, defend and save the ~'y and its officers, agents and ; r t for the Owner within the public ri~ts-of-way or public prope~y to ~intain insurance coverage in comprehensive form and in the amounts to be set by the City, ~o maintain said coverage during the term of their work and to provide the City with cedificates o~nsurance satisfacto~ to City. " SECTION ~ 3.8EVE~BILI~ In the event a cou~ ,of competent jurisdiction shall adjudge any provision or rovisions hereof invalid or illegal, or direct a change by the Owner in any matter or thin~ herein ontained, such invalidity, ille~ali~y or chan~e shall be deemed severable and shall in no y affect the been so a~dged invalid or illegal, or such change had not been directed. At the City's option, and up~'a cou~'s ruling of invalidity or illegality, the City may cause this agreement to be termiqated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the o~her party, except either party shall have the right to, assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party. In the event Owner is controlled by or is under common control or merges with or is consolidated with an entity other than Owner or City, Owner agrees to notify City in writing of such changes in control merger or consolidation. SECTION 15. VACATION OF STREETS AND ALLEYS So long as the Owner exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate. any street, alley or public property in which the Owner has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Owner to relocate its facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein,any notices hereunder shall be in writing and shall be delivered via certified mail and, addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Owner: Mercy Hospital Iowa City 500 E. Market st. Iowa City, IA 52240 provided, however, that in the case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified 'Rail, or otherwise on the date actual notice is 'received. SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Owner's expense. 6 THIS AGREEMENT is entered into as of the / 3 day of ~ ,2000. MERCY IOWA CITY CITY OF IOWA CITY, IOWA , / By: G'~/./l ~ By: .'" Title: Y, P. (2,~t:h~,44,~ Title: Approved by: .Z~tt~rn~y/~~ce 2'-//- ~ City Citv's Acknowledclement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this __day of , 20 , before me, , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clark, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the __day of ,20 , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa \ Owner's Acknowledgement STATE OF 'IOWA ) ) SS: JOHNSON COUNTY ) On this /.'~' day of ~j~'~ i~e , A.D. 20 ~ ~> , before me the undersi ned, a Notary Public in and for the Sta of Iowa, personally appeared ~' n,~/~./A,'_~c~r' and , to me personally known, who, ing by ~/n~ /~e~t,,~,~ e duly sworn, did say that they are the ~-~/r_ ~ r and -~'~ ~ ~ ~P respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and t and as such officers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, by it and by them voluntarily executed. / Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030. / AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MERC,Y IOWA CITY TO USE A PORTION OF THE JOHNSON STREET RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND' MAINTENANCE OF AN ELECTRICAL DUCT BANK, SECTION 1. DEFINITIONS a. "City" shall mean the Ci{y, of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric tran~-nission lines and equipment related thereto. c. "Public property" shall mean City-ov~n,,ed or cor{t'rolled public rights-of-way, easements, bridges, squares and commons. = d. "Owner" shall mean Mercy Iowa City anc~Shall include all equipment owned, operated, leased, or subleased in connection wi~' the\~,peration of the fiber optic cable. and shall include but not be limited to poles, Wires, pip~es, cables, under ground conduits, ducts, manholes, vaults, fiber optic cables,'and other S~uctures or appurtenances. SECTION 2. BASIC GRANT ', Owner is hereby granted a license.J~6 construct, maintain, inspect, protect, repair and replace an electrical duct bank, within Johnsdn Street right-of-way shown and identified in Exhibit A hereto, subject to the regulatory powem of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATIO~I, REPAIR, EXTENSION OR EXPANSION OF THE FIBER OPTIC CABLE. , Before commencing/'any extension or expansion of its system, or any major repair work, the Owner shall file witfi the Public Works Department of the City a written statement verifying the public property ~nder which or upon which the Owner proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the 'distance above or ben ,e)ath the surface of the ground proposed for repair or installation. If th~ proposed locations of any facilities shall interfere with the reasonable and proper use, construction, recor~struction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon' or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Owner for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the 2 Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Owner to proceed in accordance with the a proved maps, plans or specifications. No such excavation, construction or erection shall e commenced Section 5. II work performed b Own r shal be in accordan~c~ with the ap~~ maps: pla s or s~ecifications. / ~ / SECTI~' 4. CONSTRUCTION AND REPAIR OF THE ELECTRICAL D CT BANK In the proce of location, construction, reconstruction, replacement, r repair of components of efficient moveme of traffic, be properly barricaded to ~mply, at a minimum, with requirements set fo in the Manual on Uniform Traffic Control, Devices. All pavement taken up or damage~. shall be operly and ~peedily replaced in acco~ance ~ith the City's Regulati?ns. public properly damaged b uch location, constructio ," reconstruction, replacement or repair SECTION 5. EXCAVATIONS ~, system components associated with ~; Owne In making such excavations, the Owner shall obtain' a permit pursuant to City O¢~nances an egulations, shall not unnecessarily obstruct ..... / . , . t . applying for or obtaining t~e permit, provided, however, that the Owner shall apply for and obtain the permit as soon .~s possible after commencing suCh,emergency work. Failure to Comply; Remedies. If the Owner fails to comply wit~he provisions of this Section, the City may repair ~ restore the public prope~y to a condition a~ood as the condition of the properly prior to the/disturban~ by the Owner. The Owner shall paysthe costs of such repair or restoration. The ~ner shall pay to the City its costs and charges for ~ch work within si~y (60) days after recei~ of the City's billing. SECTION 6 .WORK BY OTHERS, CONSTRUCTION BY ABUSING OW'ERS, ALTE~TION TO CONFORM WITH PUBLIC IMPROVEMENTS' The City' rese~es the right to lay, and permit to be laid wires pipes cables, nduits ducts, manholes and other appu~enances, and to do, or permit to be done, any und ground and overhead installation or improvement that may be deemed necessa~ or proper b the City in, across, ~long, over or under any public prope~y o~Mpied. by the Owner, and to c aqge any SECTIOn7. OWNER CONTRACTORS The nts of this agreement shall apply to all persons, firms or. corporation g work for the ~er under a contract, subcontract, time and materials arrangemet other type of work order or reement. SECTION 8. OF STREET OCCUPANCY The electrical duct bank and other components of the by the Owner within the Johnson Street ri shall conform to established of streets, alleys and sidewalks, and be so as to cause minimum interference other public utilities located in or upon public and to cause minimum with the rights or reasonable convenience of owners who adjoin public pro The Owner shall conduct its work ~nder in such manner cause as little interference as possible with pedestrian and vehi~ and shall abi~ by scheduling directions, if any, given by the Director of Public Works. The Owner shall, upon reasonable notice its so~ cost and expense, remove, locate and relocate its facilities in, on, over or under in such manner as the City may at any time require for the purpose of facilitating the reconstruction, maintenance, repair or change in grade of any public improvement or about any such public property, for the purpose of promoting the efficient operation uch improvement, or for the purposes of facilitating the vacation and/or redevelopme of 'ight-of-way by the City. In the event the and shall be paid as provided in Section 5 hereof. // The Owner shall not place its facilit(es in the public property ere the same will interfere with the normal use or maintenance q( any public improvement inc ding but not limited to streets Upon request, the Owner ~grees to assist in locating underground fa~ 'ties which are pa~ of its system. Such assistan~ZWill be provided in a timely manner, but not ~re than fody-eight (48) member of the "lo~a One-Call I and notifications plaid to the toll-(~e "One-Call" number. Installation, repair, or replacement work completed by ~n~n~ the Owner or any fa 'lities mquidng surface vegetation w th sod in conformance with City standar~ local practices for placing sod. SECTION 9. POWERS OF CI~ ~,, ~ing in this agreement shall be construed to abridge the right or power of the City to furlher regulations relative to the use of the streets, alleys and public prope~y by anyone the .~same for the installation and maintenance of utility systems, including, but not limited to, fees'TOr use of public property. 10. PLANS AND COORDINATION c/~eies Upon com ~n of the work, the Owner shall promptly furnish to the City of "as built" plans related facilities located on public property. / The Owner shall complete and accurate maps and records of the Io, o/ions and operations of its facilities in with this agreement. SECTION 11. VI( OF AGREEMENT Upon receipt of evidence a violation or breach of this is occurring or has occurred, or that a violation codes or ordinances lawfull, g the Owner in the operation of its facilities or the~nner of use of public either is occurring or has occurred (hereinafter referred to a "default"), the City cause an investigation to be made. If the City finds that a default or has occurred City may take appropriate steps to secure compliance with the terms 's agreement or codes or ordinances. The City shall give written notice to the of the and the Owner shall cure such default within thirty (30) calendar days after notice. If the Owner fails to cure a default within the ~llowed, the City shall have the right to: (i) seek specific performance; or by doing the act itself, or through a contractor, and charge the costs of: ~ch the Owner; or (iii) seek damages for such default; r (iv) any combination of (i), (ii) and ~i). SECTION 12, LIABILITY, INDEM ICATION AND E SECTION 13. SEV~BILI~ '~,~ invalidity, ille~ or change shall be deemed severable and shall in no way'~ffect the remaining p~visions of this agreement or their validity or legality, and this agreement in all other respects shall. continue in full force and effect as if said provision or provisions ~ad not been so djudged invalid or illegal, or such change had not been directed. At the City's o~ion, and uP~a cou~'s ~ling of invalidity or illegality, the City may cause this agreement to ~be termi~ted. 5 SE~ION 14. ASSIGNMENT Neither rty shall assign or otherwise transfer this agreement or any of its rights and intere t to any firm, rporation or individual, without the prior written consent of the other party, e cept either party all have the right to, assign, convey, or otherwise transfer its rights, title, ' terest and obligation nder this agreement, in whole or in part, to any entity controlled by, ontrolling or under commo control with a party hereto, or any entity into which a party may merged or SECTION 15. VACATION REETS AND ALLEYS So long as the Owner exercise the rights granted to it h~under, the City will not, by ordinan~ or othe~ise, vacate an street, alley or public ope~y in which the Owner has nothing here~n shall hm~t the C~ty's right to'~equ~re the ner to relocate its facilities as provided ~n S~ct~on 8 ~ereof ..... ~ / SECTION 16. DELIVERY OF NOTICES y" Except as may be expressly provided herein,~y ~ tices hereunder shall be in writing and shall be delivered via ce~ified mail and, addr~sed a~lows, unless indicated othe~ise in the future: If to City: Public Works Directo~ '-. City of Iowa City Civic Center 410 E. Washing n St. Iowa City, IA 240 If to Owner: ~ ' ' Iowa ~y, IA 52240 a d date act~ notice is revived. / SECTION 17. RECORDATION T~is agreement shall be recorded in the Johnson County Recorder's Office, at Owners expense. 6 THIS A~REEMENT is entered into as of the ~ day of ,2000. "~ TYI/OWA MERC~ IOWA CITY CITY OF IOWA CI By: "'~ By: / Title: Title: // ,/ Approved by: ' / City Attorn~'ys"fs~~sce ~''//' ~ /' Citv's ement STATE OF IOWA ) / ) ss: / JOHNSON COUNTY ) ... / On this day of ,20 before me, a luly sworn, did say that they are the Mayor and City Clark, respectively of the City of Iowa Iowa; that the seal affixed to the foregoing instrument is the COrpOrate seal of the cor on, and that the instrument was signed and sealed on behalf of ~e corporation, by authority its City Council, as contained in (Ordinance) (Resolution) No. / passed by the Council, on the __ day of ,20 ,~Z~d that Ernest W. Lehman and 'ian K. Karr acknowledged the execution of the instrument e their volunta~ act and deed volunta~ act and deed of the corporation, by it volun~rily executed. / ./" Nota~ Public in and for the ~ate of Iowa / :/ / ./ ', / / Owner's Acknowled~ement STATE OF IOWA ) ) ss: [SON COUNTY ) On this__ day of , A.D. 20 , before me, th/~nundersigned, a Notary Public nd for the State of Iowa, personally appeared y~ and , to me personally known, who, being b e duly sworn, did say that they are the and t respectively, of said cor~ the within and foregoing instrument t'/o which this is attached, that sealed) on behalf seal affixed t I ti r its Board of ; nd that the said / and ,dged the execution of said in rument to be the volunta~ act and deed of said corporation, it and b ' . , id County and State ~ng~t~er~agt,d~ / / BLOOMINGTON STREET INTERIOR CONDUIT RDUTII~ (IN BASEHENT) I : II CEll ~T~K ~IN (IN B 24' ~OH 0 z ~ 0 ICE ~1~ '~ k ' ~ ~' ~H (IN .,, PLAN N~RTH ~PA~TIAL SITE P~ ~ ~/32',~"~'~' """' """""""' ...."""'""'"''~ J~ MERCY HiSreel, Green In~ Abrahams0n, [~c. 1/32' ~ * ~20~ Harmon Place- Nlnnelpolll, NN 55403-~15 ~ · Tlle~h0ne Gl2.337.4300 Flcllmlle G[2.33~.~013 6/20/~ ~r " O~ IOWA CITY ~~~ ~" ~ ~ ~ ~" ~ PRO~CT ~000 CP II C.,H [ OlY..,T BANK ~j~ '~ ,.' 0.,, ~ J: 24" BEI_OH eRADE ENC, ASED IN / / /~-'I/ "~ I' ---- / / / (:D DUCT BANK SECTION ' ",, SCAI,EI"= 1'-0" ,i° "' ..,,..,...,,.,; ....'"' """"'"' ""J~- MBRC¥ \ ,arereel, Green .,~d Abrahamso., Inc. · ~ ~ 6/20/00 / ~ IOWA CITY X, · A ~ C . ~ T ~ "T S 1868--002--00 Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5138 RESOLUTION NO. 00-257 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE MORMON TREK IMPROVEMENTS - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD PROJECT. WHEREAS, the City of Iowa City desires to construct the Mormon Trek Improvements Project ('Project') which includes paving, sidewalk, storm sewer, grading, and other infrastructure improvements between Melrose Avenue and the Iowa Interstate Railroad viaduct; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Howard R. Green Co., has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Mormon Trek Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 00-257 Page 2 4. In the event the necessary property fights for the Project cannot be acquired by negotiation, the City Attomey is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and appmved this 18th day of July ,20 00 ATTEST: ~, ~ ) L 0'~ ~7 - / ;- LE City Attomey's Office It was moved by Vandef'hoef and seconded by 0 ' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pwengVesVnormmel.doc 074 8-00 19 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 00-258 RESOLUTION APPROVING THE EXTERIOR DESIGN AND AWNING TO THE WHITEWAY 2000 APARTMENT BUILDING AT 212 SOUTH CLINTON STREET. WHEREAS, the applicants, Tim Schroeder on behalf of Neumann Monson, PC has filed an application for the design approval of the extedor awning design of the Whiteway 2000 Apartment Building, hereina~er "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 Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after due deliberation has recommended the design of the project be accepted and approved, with the condition that the awning extend a minimum of four feet out from the building at the bottom; 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 awning of the Whiteway 2000 Apartment Building 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 ].8th day of ,]u]y ,2000. AYOR ATTEST: ' ' '~- '~'/f~_4,,L,,b "" ' ~ ~ pwsngVes\whiteway2,doc Resolution No. 00-258 Page 2 It was moved by 0'Donnel 1 and seconded by Chamlai on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef x Wilburn : i~ .......... .~, ........... ~.. L ................ /-....~. ,~ ....~ ......: ~ ~'~'~ .~', ~.- ~.. :: .....~ ........ ...,....: ........, ~ '~ ~L~'~ ' ""; .......h. ""-~ ..~~ ~ALV. F~HE; ,....~ .~ .~ .::--:t~::~:~ ............. :-.:.'..'.-' __ ~?:::::~....L,~' 6ElLIN6 PLAN FANELS ~ . "~i! ~i~'. ~ ,,~ '~ i~ ....... ~ ........ "'- Roof FLAN 6ANOFT FLANS I/~" = I'-O" NEUMANN ~rrER TO DRAWING A-102 Project No.: Dote: II/C)q/qq Adde~dum No: 2 MONSON PC VVI-!I'RSVVAY2000 ,~,~,2~ Supplemental Drawin~ No, # ]TIE Cciege St. Plaza Iowe Clty. IA 52240 ScaI~ Sheet No: ~""='~"' 102 S01 Fcsx, 31g-338-787g I/~' = i'-(::~" A' ' L- PL. 5XI/]XIB " // // I' DIA. 55. ROD // // ~t4 GLEVIS-EA. END // // // I'-q" PL. 5~X1/2" / / / t // I0 3/l(p' ~ I/2" PL. // A / / 2x3×l/4"x4" 13,NT. PLATE _ .% GLIP ANQLE5 {I 3'-Q"O.G.- ?.~ _ I/,IELDED TO FRAHE 11/2 TL)BE-5 ~ hD O G / / 6q8.00 __ ~ ON ~.~Dlu,a ' ' ' 5" ~ I/:2' ALUM TB. FRAME- GLF::AR ANODI/ED 8~" 4' e~" , I'-~," '~))6" y NEOPRENE PAD AND SLOTTED HOLIER AT ANGHORA6E: '~ NOTE~ E IN/9LOTTED ~.f ~ ALL 5TEFL MEM~,ER5 I~IILL BE HOLE FOR ..~/4" 55. BOLT r~ALVANIZED AND PAINI'~D CANOPY SEC, TI -/ G 3/4" = I'-O" NEUMANN REFER TO ORAlliNG S2 Project No,: Dot," II/Oq/qq MONSON PC ..as Addendure Na: 2 mE. Cceege St. P, aza VV!-I~AY2OO0 Supplementol Drewing No, · Iowa aty. IA 52240 Scole: Sheet No: Tele319-~3~-7676 ,,.'=,'-o' 82-801 C8XII.5 @ 4 SIDES (2 CURVED) SEALANT I/8"XI I/2" ANOD. ALUI'4. TERHINATION DAR - SS. ~OLTS @ 8" OC. FULLY ADHERED ROOF HEHBRANE; PAINED , ,,_ ........ ,.d.~._. ' _../L. -3"F4ETAL FRAFdlN~ @ 16"O.G. . " Z. z ~ .OqO PERF. ALU"I PLATE; ANOD. I/2" ALUI'4 TUBE; ANOD. I"C i/'2" KI-Vt:AL; F"IG L ---"" ALL SIDES T ' NOTE: ALL STEEL HEHDER5 INILL DE ®ALVANIZED AND PAINED 5 VERTICALS PER TRUSS FORH CANOPY SECTION NEUMANN REFER TO DRAWING S2 Project No.: Oat~ II/Oq/qq Addendure No: 2 MONSON PC VVi-lrTEWAY2OOO ~,z~ supplementol Drawing No. w file Cc~m~o St. Plaza iowa C__n'~.IA 52240 Scale: Sheet No: ;'~-~'~" "="-~" 82-S02 F. ax, 36)-33~-7~,79 ~5" 7 / / BE®tNNINe OF ALUM. SGR.EEN TS 4X4XI/4" ~ TRT'D V'~. BLOC, KIN~ ALUH. L2X2XI/8~" TERHINATION ~ BAR @ EAVE .OqO PDRF. ALUH '~ ~ AND I/2" ALUH. ~ . TUDE5 ANOD L~X~XI/4" XS/I 6 "X5" -- NOTE= ALL STEEL MEMBERS HILL BE 8" I'-6" ®ALVANIZED AND PAINTEP if // .i? CANOPY SECTION i" = Prepared by: Marilyn Kdz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319)356-5110 RESOLUTION NO. 00-259 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CIVIC CENTER RE- ROOF PHASE II PROJECT. WHEREAS, Academy Roofing of Ankeny, Iowa, has submitted the lowest responsible bid of $146,750 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Academy Roofing, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th day of ,luly ,20 fin Approved by It was moved by 0' Donne] '1 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn parksrec2res/cc-roof2.doc ADVERTISI:MI:NT FOR BIDS CIVIC CENTER RE-ROOF PHASE II PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the Gth day of July, 2000, or at a later date and/or time as determined by the Director of Parks & Recreation or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Clerk or desi0nee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the i 8th day of July, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Reroofing Levels B and D with a 2-ply polymer modified bitumen system. Asbestos abatement of asbestos-containing roofing material is also required. All work is to be done in strict compliance with the plans and specifications prepared by Van Winkle-Jacob Engineering, Inc., of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of '10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (i 0) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest three or more bidders may be retained for a period of not to exceed fifteen (i 5) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun dred percent (i 00%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Project completion: 80 calendar days total after notice to proceed. See specifications regarding the incompletion of project within schedule. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Van Winkle-Jacob Engineering, Inc., Coralville, Iowa, by bona fide bidders. A $30 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Van Winkle-Jacob Engineering, Inc., CoraMIle, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and · subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist in the Iowa City Civic Center by callin0 (3i9) 356-5022.. By virtue of statutory authority, preference will be given to products and provisions 0town and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK parksrec~adbidsroof. doc Prepared by: Karen Jennings, Personnel Generalist, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5025 RESOLUTION NO.: 00-260 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN WHEREAS, Resolution No. 00-83 adopted by the City Council on March 3, 2000, authorized permanent positions in the Housing Authority Division for FY01; and WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999 established a classification/compensation plan for AFSCME employees; and WHEREAS, the AFSCME Classification Review Committee has reviewed the changes in the position of Housing Program Assistant and determined that this position performs duties equivalent to those of positions in a higher grade; and WHEREAS, the AFSCME Classification Review Committee has recommended that the budgeted positions in the Housing Authority be amended by reclassifying the position of Housing Program Assistant, from grade 7 to grade 9. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Housing Authority be amended by reclassifying the position of Housing Program Assistant from grade 7 to grade 9. 2. The AFSCME pay plan be amended by moving the position of Housing Program Assistant from grade 7 to grade 9. Passed and approved this 18th day of ,]ul.,v ,2000 Humanrel\res\hparesoLdoc Resolution No. Page. 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 00-261 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE ADMINISTRATIVE PAY PLAN BY DELETING ONE CITY ARCHITECT/ENERGY COORDINATOR POSITION AND ADDING ONE ARCHITECTURAL SERVICES/ENERGY COORDINATOR POSITION. WHEREAS, Resolution No. 99-171, adopted by the City Council on May 18, 1999, established a classification/compensation plan for Administrative employees; and WHEREAS, because of market conditions, it is difficult to find a qualified registered architect to fill the position of City Architect/Energy Coordinator; and WHEREAS, it is in the City's interest to temporarily eliminate the City Architect/Energy Coordinator position and replace it with the position of Architectural Services/Energy Coordinator, which does not require professional registration; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Engineering Division of the Public Works Department be amended by: 1. The deletion of one full-time City Architect/Energy Coordinator position, Administrative pay grade 29. 2. The addition of one full-time Architectural Services/Energy Coordinator position, Administrative pay grade 26. The Administrative pay plan be amended by: 1. The deletion of one full-time City Architect/Energy Coordinator position, pay grade 29. 2. The addition of one full-time Architectural Services/Energy Coordinator position, pay grade 26. Passed and approved this 18th day of ,Ju'l.y ,20 00 I~YOl~ ' ' I R City Attorney"s Office humanrelVes~enenjcoord.doc Resolution No. 00-261 Page 2 It was moved by 0' Donnel 1 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum : 07-18-00 , 22 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 \ RESOLUTION NO. ., RESOLUTION ~MENDING THE BUDGETED POSITIONS IN THE ENGINEI DIVISION OF THE PUBLI~ WORKS DEPARTMENT AND THE ADMINI,~ PLAN BY DELETING ONE 'CITY ARCHITECT/ENERGY COORDINATOR POSI AND ADDING ONE ARCHITECTUI~J~L SERVICES COORDINATOR POSITION. \. WHEREAS, Resoluthgn No. 99-171, adopted by the City on May 18, 1999, established a classificati~,n/compensation plan for Administrative and WHEREAS, because of m~et conditions, it is difficult to fine qualified registered architect to fill the position of City ArchiteqVEnergy Coordinator; and WHEREAS, it is in the CiW'~.,,~interest to temporar eliminate the City ArchitecVEnergy Coordinator position and replace ~t.~ith the position Se~ices Coordinator, which does not require professional regist'ration; NOW THEREFORE BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: ,.., The budgeted positions in the Engine~g Division of the Public Works Depa~ment be amended by: ,- , / ~ / ~ 1. The deletion of one full-time Ci~ArchitecUEnergy Coordinator position, Administrative pay grade 29. .:.' ~ 2. The addition of one full-time'Architectural Coordinator position, Administrative pay / grade 26. / The Administrative pay pl~ be amended by: / 2. The addition - Architectural Se~ices inator position, pay grade 26. / Passed and app~ed this day of ,20 ~ MAYOR A~EST: CI~ CLERK humanrelV~ene~rd .d~ Prepared by: Eleanor M Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-262 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, the City of Iowa City filed an appeal of the damages awarded to Winebrenner Ford, Inc., by the Compensation Commission on April 23, 1996 in the amount of 8293,504 for the City's condemnation of a temporary construction easement and permanent sanitary sewer easement for the Iowa City Wastewater Treatment Connection Project; and WHEREAS, the Compensation Commission's award of 8293,504 was deposited by the City and released to Winebrenner Ford; and WHEREAS, in said appeal the City asked that the damages award be reduced; Winebrenner Ford filed a counterclaim requesting that the damages award be increased; and WHEREAS, the parties in this matter have settled their differences pursuant to the attached Settlement Agreement, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, pursuant to the terms of the attached Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above named litigation should be settled for ~ 120,000.00. 2. The City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City. 3. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Settlement Agreement. Passed and approved this ].8th day of ,]ul.v ,2000. City Attorney's Office ' marymllitigationlwinebrbrlsettle resolution Resolution No. 00-262 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn SETTLEMENT AGREEMENT This settlement agreement is entered into by and between the City of Iowa City, Iowa (hereinafter referred to as "City") and Winebrenner Ford, Inc. (hereinafier referred to as "Winebrenner"), this 29th day of June ,2000. IT IS HEREBY AGREED 1. The parties hereby agree to settle the condemnation appeal case pending in Johnson County District Court captioned City of Iowa City, Iowa v. Diane Dreusicke - Riley, Winebrenner Ford, Inc., et al. (No. 57235) for $120,000. 2. The total award made to Winebrenner Ford, Inc. by the Compensation Commission on April 23, 1996 in this condemnation case was $293,504 for the City's condemnation of a temporary construction easement and a permanent sanitary sewer easement. Subsequent to the award by the Compensation Commission, the City deposited with the Johnson County Sheriff payment to Winebrenner in the total amount of $293,504 in order that the City could take possession of the subject property at that time. By court order, filed September 19, 1996 in Johnson County Case No. 57235, Winebrenner was authorized to obtain from the Johnson County Sheriff said award payment in the amount of $293,504, and said payment was released to Winebrenner by the Johnson County Sheriff on that same date. 3. The City appealed from the damages awarded to Winebrenner Ford, Inc. by the Compensation Commission in this case, and requested that said damages award be reduced; Winebrenner filed a counterclaim in said condemnation appeal, and requested that said damages award be increased. 4. As the parties have now agreed to settle said condemnation appeal case for $120,000, Winebrenner agrees to refund and pay to the City $173,504 upon the execution of this settlement agreement. 5. Pursuant to Iowa Code § 6B.52, it is agreed that Winebrenner, its heirs, successors, and assigns shall have five years from the date of this settlement to renegotiate construction or maintenance damages not apparent at the time of this settlement. 6. Upon the City's receipt oFthe $173,504 refund payment by Winebrenner, the City agrees to dismiss with prejudice its claims in this condemnation appeal case (Johnson County No. 57235); Winebrenner agrees to dismiss with prejudice its counterclaim in this condemnation appeal case (Johnson County No. 57235). It is agreed that court costs shall be assessed to City. WINEBRENNER FORD, INC. · Date: June 29, 2000 By CITY OF IOWA CITY, IOWA ayor, Ernie Lehman ATTEST: City Clerk