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HomeMy WebLinkAbout2001-08-21 Resolution 08-21-01 Prepared by Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356-5232 RESOLUTION NO. 01-253 RESOLUTION ACCEPTING THE GIFT OF ARTWORK FROM INA LOEWENBERG, CONSISTING OF TWO PHOTOGRAPHIC PORTRAITS OF NANCY SEIBERLING, TO THE IOWA CITY PUBLIC ART COLLECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST FOR ACCEPTANCE OF SAME. WHEREAS, Ina Loewenberg is an Iowa City artist and photographer who has created images of a variety of people in Iowa City, including Nancy Seibeding; and WHEREAS, Ms. Loewenberg wishes to honor Ms. Seibeding by donating two photographic portraits of Ms. Seiberling to the Iowa City Public Art Collection; and WHEREAS, Nancy Seiberling is known for her generous and energetic efforts toward the beautification and enhancement of Iowa City through her work in Project GREEN, her involvement in the renewal of downtown Iowa City, her contributions to design and her support of the arts; and WHEREAS, at its August 2, 2001 meeting, the Public Art Advisory Committee unanimously recommended acceptance of this gift; and WHEREAS, in compliance with the adopted Iowa City Public Art Program procedures a suitable location for the portraits was found to be in the Iowa City Civic Center; and WHEREAS, in accordance with the adopted Iowa City Public Art Program procedures, a contract will be executed between Ms. Loewenberg and the City to address acceptance, use, placement, maintenance or other issues concerning said artwork. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The photographic portraits of Nancy Seiberling created by Ina Loewenberg be accepted as a gift from Ms. Loewenberg for the Iowa City Public Art Collection; and 2. In accordance with Public Art acceptance procedures, the City Manager is authorized to execute a contract for the acceptance, placement, maintenance or other issues concerning said artwork with Ms. Loewenberg. Passed and approved this 21st day of Auqust ,20 ~] . ppddir~res\loewenberg ,doc Resolution No. 01-253 Page 2 It was moved by Champion and seconded by 0'Donne] '1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Charles Schmadeke, Public Works, 410 E. Washing~n St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 01-254 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS BLOOMINGTON STREET BOOSTER STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 11TM day of September, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of August ,20 01 Approved by ATTEST: CIT~Y~LERK City Attorney's Office pweng\res\b]oomingbslr doc 08/01 Resolution No. 01-254 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 Wilbum Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 01-255 RESOLUTION SE'I'rlNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE JOHNSON STREET SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLIC NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 11th day of September, 2001, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cance[led, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to pubfish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing, 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of O~Rust ,2001~/~ Approved by ATTEST: '~) r2,,f,,:~--,( 2 '~. ~Z"",ru--,v/ ~ ~1 z/lid( CI~LERK It was moved by Champion and seconded by VanderhoPf the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn pwengVes~johnson doc Prepared by: Ten-/Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110 RESOLUTION NO. 01-256 RESOLUTION SE'R'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL PARK TRAILS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS & RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 11th day of September, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract. and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 21st day of August ,20 01 Approved by CITY ~:ERK City Attorney's Office Resolution No. 01-256 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 ~( O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Kumi Morris, Engineerdng Div., 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 01-257 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE WATER PROOFING PROJECTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans. specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 lth day of September, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21 ~t day of August ,20 0] . Approved by ATEsT: CITC'~'~-ERK City Attorney's Office pwengVes/srctrbldg doc 9/99 Resolution No. 01-257 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: Kumi Morris, Engineerring Div., 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. RESOLUTION SE'I'I'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, )NTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SENIOR CENTER BUILDING ENVELOPE WATER PROOFING DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING D DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE INSPECTION. BE IT RESC )UNCIL OF THE CITY OF IOWA CITY 1. That a public hearing the plans, specifications, form and estimate of cost for the construction of above-mentioned project be held on the 21sT day of August, 2001, at 7:00 the Council Center, Iowa City, Iowa, or if said meeting is cancelled, at next meeting of Council thereafter as posted by the City Clerk. 2. That the City Clerk is publish notice of the public hearing for the above-named project in a ~ublished at least once weekly and having a general circulation in the City, not less 1 four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, ,,, of contract, and estimate of cost for the construction of the above-nan project is her y ordered placed on file by the City Engineer in the office of the , Clerk for public insp ction. Passed and approved this day of ,20__ __. MAYOR ATTEST: ' '1'' I CITY CLERK City Attorney's Office pweng\res\.srctrbldg doc 9/99 I08-21-01 4f(2) Prepared by: Dan Scott, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 01-258 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE II. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Construction of a new landfill office complex and site layout in accordance with all state and federal regulations as constructed by Apex Construction of Iowa City, Iowa. WHEREAS, maintenance bonds have 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 public improvements are hereby accepted by the City of Iowa City, Iowa, and that alt dedications and public improvements are hereby formally accepted. Passed and approved this 21st dayof Auqust. ,20 01 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 × Pfab X Vanderhoef X Wilburn pweng',jres',accep/recyclell .do{: ENGINEER'S REPORT August 9, 2001 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Landfill Recycling Project, Phase II. Dear Honorable Mayor and Councilpersons: I hereby cedify that the construction of the Iowa City Landfill Recycling Project, Phase II, has been completed in substantial accordance with the plans and specifications prepared by John Shaw Architects of Iowa City, Iowa. The final contract price is $381,252.34. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer Indexbc\ltrs~-3RF.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-259 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATI'EST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 410 NORTH LUCAS STREET, IOWA CITY, IOWA. WHEREAS, on Apri~ 23, 1992, the owners of 410 North Lucas Street executed a ten-year declining balance loan for the amount of $16,300; and WHEREAS, the remaining balance of the loan was paid off on July 27, 2001; 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 410 North Lucas Street, Iowa City, Iowa from the Promissory Note and a Mortgage recorded on November 13, 1992, Book 1463, Page 288 through Page 292 of the Johnson County Recorder's Office. Passed and approved this 2:].st day of Auqust ,20 01 Approved by ATTEST: CIT;'~LERK City Attorney's Office It was moved by Champ'ion 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 × Wilburn 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 410 North Lucas Street, Iowa City, Iowa, and legally described as follows: The North 90 feet of Lot 5 in Block 8, Original Town of Iowa City, Iowa from an obligation of the owners, Kenneth R. and Mary Beth Slonneger, to the City of Iowa City in the total amount of $16,300 represented by a Promissory Note and a Mortgage recorded on November 13, 1992, Book 1463, Page 288 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. Appreved by STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this z/ day of ~r_.~, sT , A.D. 20 c, ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ol- z.67, adopted by the City Council on the z/ day · f~(:,¢T20 O( and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa i,..lySONDRAEE FORT C · · omrn~ss~on Number t59791 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-260 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1648 BURNS AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $3,000, executed by the owners of the property on April 3, 2000, and recorded on April 5, 2000, in Book 2928, Page 321 through Page 324, in the Johnson County Recorder's Office covering the following described real estate: Lot 196 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat records of Johnson County, Iowa WHEREAS, Hills Bank and Trust Company, is financing a first mortgage in the amount of $100,800 to the owners of 1648 Burns Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the lien of the proposed mortgage in order to induce Hills Bank and Trust Company, to make such a loan; and WHEREAS, Hills 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 Hills Bank and Trust Company; 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 Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 21st day of August ,20 O1 Approved by CIT~LERK C~ty Atto ey's Office Resolution No. 01-260 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 Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hi]Is Bank and Trust Company of H ~ 1 ] s, I/~ , herein the Financial Institution, WHEREAS, the City is the owner and holder of a certain Hortqaqe which at this time are in the amount of $ 3,000.00 and were executed by Chad T ~/a rren and Diana B ~/arren (herein the Owner), dated ~l~ri] 3, 2000 , recorded Apri] 5. 2000 , , in B k Page_324 oo ;29?8 , through 3~/, Johnson County Recorder's Office, covering the following described real property: ~,-.~ r-fi--j Lot 196 In Part Five, Hollywood Nanor Addition to Iowa City, Iowa~ according to the plat thereof recorded in Book 13, Page18, Plat Records of Johnson COunty, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ I00.800.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the __ Hortgage 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 !nstitution that the above noted ___ Hortaage ~ held by the City ~s and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the 4t~,,.~_,fa.,,,,-/~ of the City. ,¢"~.~ ~'-~2-,,/ 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 z~ day of At ~G~.~'r ,20 o/ Attest: Approved By ,~, .. ...... .- CITY'SACKNOWLEDGEMENT .:~7,.', ~%o SEAL / JOHNSON COUNTY ) On this ZI day of ,8,,.,~;~L,;r , 20 o/, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared F--,-,~ ~.s-F ~.). I_~.k,,,-,,~,-,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 (-G'd~fsftc~(Resolution) No. ol- zt,,c, passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the Z l day of L~u.,.,,.~-f- , 20 '='/ , and that ~'-,,,'~- ~. L</?,-,~,,t 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 SONDRAE FORT Commission Number 159791 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 day of August , A.D. 2001 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Janet S Nori'is and ~,/ill i~m A StF, w~rt , tO me personally known, who being by me duly sworn, did say that they are the In~n ~fflrpr and 2nd V ice Pres i dent , 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 Janet SNorr i s and ~4i i 1 iam A F,t'pwar~- aS SUch officers acknowledged the execution of said instrument to be tile voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ Ex Notary Public in an~f Iowa Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-261 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2635 WESTVVINDS DRIVE ff4, IOWA CITY, IOWA. WHEREAS, on June 6, 1997, the owner of 2635 Westwinds Drive f¢4 executed a Mortgage in the form of a conditional occupancy loan in the amount of $3,000 through the City's Downpayment Assistance Program; and WHEREAS, the loan was paid off on August 1, 2001; 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 2635 Westwinds Drive ¢¢4, Iowa City, Iowa from the Mortgage recorded on June 10, 1997, Book 2284, Page 263 through Page 267 of the Johnson County Recorder's Office. Passed and approved this 21~t dayof August ,20 0]. Approved by CITY CLERK 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: 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 properly at 2635 Westwinds Drive #4, Iowa City, Iowa, and legally described as follows: Unit 4, Building W3 of Aspen Lake Condominium Project Pad 1, a horizontal property regime, according to the Declaration recorded in Book 629, Page 257, Miscellaneous Records of Johnson County, Iowa, plus an undivided fractional interest in the common elements as set forth in said Declaration. Aspen Lake Condominium Project Part 1 is located on Lot 6 of Aspen Lake Subdivision (except the north 405 feet thereof and except the east 415 feet thereof), an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 21, Page 82, Plat Records of Johnson County, Iowa. from an obligation of the owner, Judith A Hermsen, to the City of Iowa City in the total amount of $3,000 represented by a Modgage recorded on June 10, 1997, Book 2284, Page 263 through Page 267 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 ment~~ Approved by CiT~'t~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2./ day of ,~.,~c.,~..r , A.D. 20 ~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ol - 2./-/ , adopted by the City Council on the Z~ day ~,-F ~c~r , 20 c,/ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab\2635westwndsrel.doc O SONDRAE FORT Prepared by: Liz Osborne, CD Division, 410 E. Washington St,, Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-262 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING, A PROMISSORY NOTE AND A MORGAGE FOR THE PROPERTY LOCATED AT 1351 FIRST AVENUE SOUTH, IOWA CITY, IOWA, WHEREAS, on August 15, 1991, the owners of 1351 First Avenue South executed a conditional occupancy loan in the amount of $11,000 through the City's Downpayment Assistance Program; and WHEREAS, the loan was paid off on July 26, 2001; 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 1351 First Avenue South, Iowa City, Iowa from the Promissory Note, and the Mortgage recorded on August 19, 1991 Book 1269, Page 317 through Page 321 of the Johnson County Recorder's Office. Passed and approved this 2]st day of Auqust ,2001 Approved by y~A~/'orn~y's Office ~,/,r- o/ 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: 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 1351 First Avenue South, Iowa City, Iowa, and legally described as follows: Lot 7, Sycamore View Subdivision also known as 1351 First Avenue S, Iowa City, Iowa, subject to all easements of record. from an obligation of the owners, Vijay K and Nirmal R Goel, to the City of Iowa City in the total amount of $11,000 represented by a Promissory Note and a Mortgage recorded on August 19, 1991 Book 1269 Page 317 through Page 321 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CIT~C/~RK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2! day of A.~,_~.~,-r-' , A.D. 20 c, I , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ol- z~. z , adopted by the City Council on the 2., day .P~f~s~ 20 o / and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa t SONDRAB FORT ~ ~Commission Number f59~1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01-263 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'R'EST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE AND A MORGAGE FOR THE PROPERTY LOCATED AT 2450 RUSHMORE DRIVE, IOWA CITY, IOWA. WHEREAS, on August 8, 1997, the owner of 2450 Rushmore Drive executed a conditional occupancy loan in the amount of $2,004 through the City's Downpayment Assistance Program; and WHEREAS, the loan was paid off on August 14, 2001; 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 2450 Rushmore Drive, Iowa City, Iowa from the mortgage recorded on August 13, 1997, Book 2324, Page 217 through Page 220 of the Johnson County Recorder's Office. Passed and approved this 2:].st day of Auqust ,20 0]- Approved by CIT~(!~LERK ~ty Attorn~y's Office It was moved by Charnpi on and seconded by Vandet'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X . Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 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 2450 Rushmore Drive, Iowa City, Iowa, and legally described as follows: Unit 59, Building O, Mormon Trek Village Condominiums, according to the Declaration of Condominium recorded October 25, 1996, in Book 2175, Page 236, records of the Recorder of Johnson County, Iowa. Together with said unit's undivided interest in the common elements of said condominium regime. from an obligation of the owner, Lisa M Grezel, to the City of Iowa City in the total amount of $2,004 represented by a Modgage recorded on August 13, 1997, Book 2324, Page 217 through Page 220 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by ATTEST: bt~_/~ ~ ~ZJ~z4j e~t,~At,~t/,,.Off/~ir2 F,,/d-a/ CITY CLERK ~ y orney's ~ce STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this z-i day of .j:x, v_ c. u, .s -r , A.D. 20 o I , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marjan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o/- 2/,3, adopted by the City Council on the z ~ day ,~r'20 o ( and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa o,3~j~ SONDRAE FORT Prepared by: Ross Spitz, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 01-264 RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT PARKING LOT RESURFACE PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Transit Parking Lot Resurface Project, as included in a contract between the City of Iowa City and L.L. Pelling Company, Inc. of North Libedy, Iowa, dated May 15, 2001, be accepted; and WHEREAS, the performance and payment bond has been flied 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 21st day of August ,20 03. Approved by C~ty Attorn~'s Office It was moved by Champion 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 × Vanderhoef X Wilburn August13,2001 Honorable Mayor and City Council Iowa City, Iowa Re: Transit Parking Lot Resurface Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Transit Parking Lot Resurface Project has been completed by L.L. Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $120,260.96. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA C'IT~, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 DEFEATED I 08-21-01 Prepared by Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240, (319)356-5232 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND CERTAIN PROPERTY OWNERS IN JOHNSON COUNTY AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAID AGREEMENT, WHEREAS, the City received two petitions for the annexation of property in Johnson County; and WHEREAS, the annexation of the petitioners property would surround certain other properties on and in the vicinity of Hummingbird Lane in Johnson County; and WHEREAS, the City wished to annex the properties on and in the vicinity of Hummingbird Land in Johnson County under the provisions of Iowa Code section 368.7.1 in order to avoid creating an island and to provide more uniform boundaries of the City; and WHEREAS, the owners of these properties objected to said annexation; and WHEREAS, the City Council wishes to soften the impact of annexation on these property owners and has reached an agreement with said property owners to delay annexation to a date specific. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THAT: 1. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Voluntary Annexation Agreement attached hereto and incorporated herein by this reference. 2. The City Clerk is hereby directed to certify a copy of this Resolution and to record the same, along with the Voluntary Annexation Agreement, in the Office of the Johnson County Recorder, at City expense. Passed and approved this day of ,20 MAYOR A:ity Att n~~ ATI'EST: CITY CLERK ppddir%res~annexation.doc Resolution No. DEFEATED Page 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 VOLUNTARY ANNEXATION AGREEMENT THE CITY OF IOWA CITY AND CERTAIN PROPERTY OWNERS IN JOHNSON COUNTY This Agreement is by and between the City of Iowa City (hereinafter referred to as "City") and the owners of property in Johnson County, Iowa on and in the vicinity of Hummingbird Lane, expressly [ include all the owners by name ], (hereinafter referred to as "Property Owners"). WHEREAS, the City has received two petitions for annexation of property in Johnson County and wishes to annex such property as requested by the owners and/or purchasers of that property; and WHEREAS, the territory to be annexed virtually surrounds but does not create an absolute island of various other properties on and in the vicinity of Hummingbird Lane in the County;and WHEREAS, the Property Owners of the various properties on and in the vicinity of Hummingbird Lane have objected to the annexation of their properties at this time and wish to remain in the County as long as reasonably possible; and WHEREAS, the City Council wishes to soften the impact of annexation on these property owners; and WHEREAS, the City Council and the subject property owners have negotiated an agreement under which terms said owners will voluntarily apply for annexation in five (5) years and the parties wish to memorialize the terms of their agreement in writing; and WHEREAS, the City Council finds such an agreement and the delay in annexing these properties to be in the public interest. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: 1. The Property Owners, their successors and/or assigns will submit petitions for voluntary annexation to the City of Iowa City promptly after the passage of five (5) calendar years from the date of execution of this Agreement. 2. The City will not require connection to municipal sewer and water for a period of fifteen (15) calendar years from the date of annexation to the City, however, the Property Owners, their successors and/or assigns, may choose to connect to said municipal services at an earlier date once annexation of the property is complete. 3. Upon completion of the annexation of all the properties on ~and abutting Hummingbird Lane, the City will improve the north portion of Hummingbird Lane to at least a chipseal surface and will take responsibility for maintenance of all of Hummingbird Lane as a public City street. 4. Upon completion of said annexation, the imposition of propert'/taxes upon said properties will be phased in over a five year period according to the schedule provided by State law in Iowa Code §427B.3, subsections 1 through 5. 5. The parties hereby acknowledge and agree that those reasonable attorney fees and costs incurred in the enforcement of this agreement shall be the responsibility of the party against whom enforcement is sought, should such enforcement action be successful. Further, nothing in this agree 'nent shall be construed to limit the right of any party to seek equitable relief a~d/or specific performance under the terms of this agreement. 6. The parties hereby agree and acknowledge that in the evem the subject properties are transferred, sold, redeveloped, or subdivided, all successors in interest and/or assigns shall be bound by the terms of this agreement. The parties further acknowledge and agree that this Agreement sha I inure to the benefit of and bind all successors, representatives, assigns, and heirs of the parties. 7. The parties hereby agree and acknowledge that this Voluntary Annexation Agreement shall be duly recorded in the Office of the Johnson County Recorder, shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant with the title to the land, unless or until released of record by the City. Signed on this __ day of August, 2001. IN WITNESS WHEREOF, the parties have executed this instrumert by their lawfully designated officials as of the date first written above. CITY OF IOWA CITY OWNERS BY: Mayor ATTEST: City Clerk Approved by City Attorney's Office OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this __ day of ,2001, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared and , husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this __ day of ,2001, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared , a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) )sS: JOHNSON COUNTY ) On this day of ,2001, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared , a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,2001, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Ernest W. Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa City of Iowa City MEMORANDUM Date: August16, 2001 To: City Council From: Karin Franklin, Director, PCD Sarah Holecek, First Assistant City Attorney~ Re: Voluntary Annexation Agreement--Hummingbird Lane Enclosed in your packet is a proposed agreement between the City and the owners of property on and near Hummingbird Lane. This agreement was negotiated at the direction of the Mayor, with the concurrence of the Council, after the last formal meeting on July 31, 2001. The staff does not support this agreement and continues to recommend annexation of all the properties as outlined in the presentation to you on July 30th and 31St' We have consulted with the City Development Board and reviewed a recent Attorney General's opinion regarding annexation agreements. In general, it is the opinion of the Attorney General's Office that cities may enter into annexation agreements with private landowners. Further, this opinion notes that other courts have upheld such agreements against successor owners. However, this same opinion strongly cautions cities in the use of such agreements due to issues of enforceability when the time comes for the voluntary annexation to OCCUr. First, the existence of such an annexation agreement does not mean that a city itself can institute a voluntary annexation or that such an annexation will automatically occur when the conditions for annexation are met. Voluntary annexation can only occur when "all the owners of land in a territory adjoining a city...apply in writing to the council of the adjoining city requesting annexation of the territory." Thus, an application for annexation must come, under State law, from a petition of the property owner(s). The City cannot itself legally petition for annexation on behalf of property owners. Therefore, according to the proposed Agreement which requires all landowners to submit to voluntary annexation, if an owner and/or successor owner refuses to join in making a written application, the city or other landowners may have to initiate judicial proceedings in order to force compliance with the agreement. In other words, the Hummingbird owners will need to collectively and/or individually take an affirmative action to petition for annexation five years from the date of the Agreement. Although this Agreement is a contractual arrangement and subject to the laws of contracts, a single owner, depending upon the amount of land they own, could thwart the annexation by refusing to apply for annexation thereby creating an island that does not fall under the 80/20 rule. The recourse for the City would be the significant expense and delay of a Court action for enforcement of the agreement and/or the significant expense of an involuntary annexation election. It is true that entry into any agreement is subject to the compliance of the parties to the terms of the agreement. In most cases, agreements work because they are mutually beneficial to the signatory parties. In this case, because of the number of parties involved, the opportunity for change in ownership of any of these properties, the time period at the end of which compliance is to be attained, and the necessity of the other parties taking an affirmative action for the Council to have jurisdiction to consider the annexation, the risk of non-compliance is arguably higher than in a typical short-term two-party agreement. Thus, we believe there is a significant degree of risk with this Agreement that will place the City in a poorer position relative to the one we are in now and that the Council should consider this risk in making its decision. The staff continues to support the original annexation proposal as being in the best interest of the short and long term future of Iowa City and its growth. It is consistent with our Comprehensive Plan and with our growth boundary. Potential annexation of this area has been public policy since 1992 and the progression of the city eastward has been apparent to anyone living in the area, as evidenced by the approval of Windsor Ridge in 1993, the development of Scott Boulevard East, Part 4 in 1999, and the extension of Court Street in 2000. We understand the property owners' resistance and respect that right. Accordingly, with the proposed involuntary annexation, we have tried to present the best package possible to ameliorate the circumstances though the 20-year deferral on mandatory connection to municipal sewer and water and the property tax transition proposal. Cc: City Manager City Attorney Marjan Karr From: Mitros, Frank [MitrosF@uihc. uiowa.edu] Sent: Friday, August 17, 2001 10:14 AM To: 'council@iowa-city.org' Subject: FW: Hummingbird Lane I had sent this e-mail to Karin Franklin earlier in the week. It occurred to me that I would like to make sure that all members of the City Council would have the chance to hear the views that I had expressed in this letter. It represents my own personal views, but I think it reflects the reasons why those of us who live on Hummingbird Lane are concerned about the changes that are occurring in our neighborhood. Sincerely, Frank A. Mitros 3710 Hummingbird Lane home phone 338-4742 work phone 356-1760 > ..... Original Message ..... > From: Mitros, Frank > Sent: Monday, August 13, 2001 10:33 AM > To: 'karin franklin@iowa-city.org' > Subject: ~ummingbird Lane > > Dear Ms. Franklin, > > Bob Wolf showed me a new proposal that had been drafted late last > week. That proposal seems to offer several advantages over the original > one. Bob tells me that he was able to contact all involved except for the > Muilenburgs, and that all received the proposal favorably. I also feel > that the proposal is favorable, although I believe that there is a > typographical error in item four. It concerns the gradual transition to > the higher city taxes. It refers to a date in late August, but I believe > that the document being referred to was in the letter that we had received > in late July. > > I thought that I would also take this opportunity to express some of > my view of the situation. > First, it seems to me that from the "lay of the land" that > annexation is inevitable, and I would not like to be involved in a > prolonged and rancorous dispute. > Second, it is also clear to me that annexation will have an > overall negative impact on the quality of our lives. One compelling > reason that we purchased our home and property was the setting. Having > grown up in urban northeastern New Jersey I found that I had a daily sense > of satisfaction when I returned from a long and frustrating day at the > hospital and entered an area of peace. The open and beautiful landscape > to our east has always given me a bit of a spiritual lift. Nothing > pleases me more than being out on my property and feeling that I have > escaped the urban sprawl of my youth as well as the intensity of the > activities of my daily work. While I have confidence that the City will > not allow an outright New Jersification of our beloved city, we will be > closer to that than to the Iowa I came to know and love when I moved here > in 1976. Still, I realize that the process of growth and expansion is > inevitable. However, the fact that I will have to take on an additional > financial burden to see this process occur is particularly irritating. > The condemned man was asked to build his own execution scaffold (granted > this analogy is more than a bit overstated!). > > I think it is apparent why I would hope that the City would be as > accommodating as possible to lessen this blow, both in terms of the 1 > finances, and , more importantly, in trying to preserve as much of the > nature of the current environment as possible. > Thank you for your consideration in this matter. > > Frank A. Mitros Marjan Karr From: Mitros, Frank [MitrosF@uihc. uiowa.edu] Sent: Sunday, August 19, 2001 9:09 PM To: Cader, Cheryl; Carter, Keith; Muilenburg, Ann; Mitros, Frank; 'louis-frank@uiowa.edu'; 'walter- foley@uiowa.edu'; 'peter-fisher@uiowa.edu'; 'eileen-fisher@uiowa.edu'; 'Connie- champion@iowa-city.org'; 'dee-vanderhoef@iowa-city.org'; 'ross-wilburn@iowa-city.org'; 'lpfab@avalon.net'; 'council@iowa-city.org'; 'drcghoyle@yahoo.com'; 'karin-franklin@iowa- city.org'; 'mmmitros@home.com' Subject: Hummingbird Lane To all those concerned, The formal draft of the proposal from the City to those in the Hummingbird Lane/Frank properties was received on Saturday. There was a meeting at our house Sunday afternoon including all those available. The Carters, Muilenburgs, Mitroses, Wolfs and Lou Frank were all in agreement that this was a reasonable accommodation in view of the circumstances. We are in favor of accepting this agreement, and a number of us have already signed the agreement to signify this. The Fishers and the Foleys are out of town and not expected back until Tuesday. However, from prior neighborhood discussions, we feel certain that they will favor this current proposal. I was able to talk to the Hoyles (who now reside in Annapolis, Maryland) on Sunday afternoon. They expressed a willingness to accept the proposal. This is a difficult situation for all concerned. Good motives on all sides are at cross purposes on some issues. We are very pleased that the City has seen fit to put forth a reasonable proposal that will lessen the negative effects of the changes which are about to occur. It is the ability to work in such a spirit of compromise that allows for difficult issues to be resolved. We would all like to be able to come to a rapid and amicable agreement. I, for one, take pride in living in a part of the country where I feel that I have a voice that can be heard, and in which people in positions of political power are approachable and willing to work to achieve solutions to vexing problems. Sincerely, Frank A. Mitros 3710 Hummingbird Lane 0'8-21-01 6e Prepared by: Robert Miklo. PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (ANN 99-0003) RESOLUTION NO. 01-265 RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 26.88 ACRES OF PROPERTY LOCATED SOUTH AND EAST OF SCOTT BOULEVARD AND ROCHESTER AVENUE AND APPROXIMATELY 6.22 ACRES OF PROPERTY LOCATED EAST OF SCOTT BOULEVARD AND SOUTH OF LOWER WEST BRANCH ROAD. WHEREAS, the owner, Plum Grove Acres, Inc., has requested annexation of the 26.88 acre tract into the City of Iowa City; and WHEREAS, the applicant has included in their application, at the City's request. an additional approximate 6.22 acre tract located south of Lower West Branch Road and west of Hummingbird Lane including Hummingbird Lane; and WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the west side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City boundaries and to avoid the creation of an island of unincorporated properties entirely surrounded by incorporated properties; and WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, the East Central Iowa Council of Governments, and the affected property owners on the west side of Hummingbird Lane; and WHEREAS. the City of Iowa City City Council wishes to provide for the transition of the imposition of the City property tax levy as permitted in Iowa Code Section 368.11(13) for the 6.22 acre parcel located south of Lower West Branch Road and west of Hummingbird Lane. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The following described land should be annexed to the City of Iowa City: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 7. TOWNSHIP 79 NORTH. RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7. TOWNSHIP 79 NORTH. RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY. IOWA; THENCE S00°35'42"W, ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION, 964.84 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF CASSADY'S RELOCATION OF WILLIAMSON AND JAYNE ROADS, ALSO DESIGNATED AS OLD IOWA STATE HIGHWAY NO. ONE OR ROCHESTER AVENUE; THENCE N76°32'52"E, ALONG Resolution No. 01-265 Page 2 SAID CENTERLINE. 39.25 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING N76°32'52"E, ALONG SAID CENTERLINE, 607.72 FEET TO THE NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON COUNTY, IOWA, AS RECORDED IN PLAT BOOK 25. AT PAGE 42 RECORDS OF JOHNSON COUNTY, IOWA; THENCE S01°19'52'~/, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 324,75 FEET TO A POINT ON THE NORTHERLY LINE OF A WARRANTY DEED IN THE NAME OF THE WAVERLY GROUP, INC. AS RECORDED IN BOOK 1034, PAGE 25, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N88°40'08"W, ALONG SAID NORTHERLY LINE, 106.04 FEET TO THE NORTHWEST CORNER OF SAID WARRANTY DEED; THENCE S01°19'52"W, ALONG THE WESTERLY LINE OF SAID WARRANTY DEED, 404.00 FEET TO THE SOUTHWEST CORNER OF SAID DEED; THENCE S88°48E, ALONG THE SOUTHERLY LINE OF SAID DEED, 225.47 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID TEGLER SUBDIVISION; THENCE S01°19'52"W, ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 1217.23 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, A POINT ON THE SOUTH LINE OF THE SAID NORTHWEST ONE-QUARTER, AND A POINT ON THE CENTERLINE OF LOWER WEST BRANCH ROAD; THENCE N86°46'11"W, ALONG THE SOUTH LINE OF THE SAID NORTHWEST ONE-QUARTER AND SAID CENTERLINE, 622.77 FEET; THENCE N57°39'18"W, ALONG SAID CENTERLINE 72.74 FEET TO A POINT ON THE EAST LINE OF THE CORPORATE LIMITS OF IOWA CITY, IOWA; THENCE N00°35'42"E, ALONG SAID EAST LINE, 1732.94 FEET TO SAID POINT OF BEGINNING, CONTAINING 26.88 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°5302"E, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 602.83 FEET; THENCE N89°06'58"E, ALONG THE NORTH LINE OF LOT 68 OF SCOTT BOULEVARD EAST PART THREE, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, 300.00 FEET. TO THE POINT OF BEGINNING; THENCE N00°53'02"W, ALONG A LINE PARALLEL WITH AND 300.00 FEET NORMALLY DISTANT EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER, 621.86; THENCE S58°34'39"E, 72.74 FEET, TO A POINT QN THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE S87°41'39"E, ALONG SAID NORTH LINE, 410.75 FEET, TO iTS INTERSECTION WITH THE WEST LINE OF HOYLE'S FIRST SUBDIVISION, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE S00°40'27"E, ALONG SAID WEST LINE, 559.62 FEET, TO THE NORTHEAST CORNER OF SCOTT BOULEVARD EAST - PART FOUR, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE S89°06'58"W, ALONG THE NORTH LINE OF SAID SCOTT BOULEVARD EAST PART FOUR, AND THE NORTH LINE OF SAID SCOTT BOULEVARD EAST - PART THREE, 469.70 FEET, TO THE POINT OF BEGINNING. SAID ANNEXATION PARCEL CONTAINS 6.22 ACRES, MORE LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. Resolu~on No. 01-265 Page 3 4. The City of Iowa City hereby provides for a transition in the imposition of the City property tax levy for the 6.22 acre parcel located south of Lower West Branch Road and west of Hummingbird Lane according to the following schedule: First Year: 75% discount Second Year: 60% discount Third Year: 45% discount Fourth Year: 30% discount Fifth Year: 15% discount Sixth Year: 0% discount 5. Appropriate City staff is hereby authorized and directed to cedify and file all documents necessary for the transition in the imposition of the City property tax levy for the 6.22 acre parcel as described and outlined herein. Passed and approved this 2~.st fY~OR'//_~1~ ,,20~~ day of t Ap ~by It was moved by Vanderhoef 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 ~ 08-21-0F 6g Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 RESOLUTION NO. 01-266 RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 95,2 ACRES OF PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE/SCOTT PARK DRIVE AND APPROXIMATELY 10 ACRES OF PROPERTY LOCATED SOUTH OF LOWER WEST BRANCH ROAD AND EAST OF HUMMINGBIRD LANE, WHEREAS, the owners, Robert Lindmann, Chades Lindmann, and Ruth Kabela, et al, are the owners and title holders of approximately 95.2 acres of property located nodh of Court Street, south of Lower West Branch Road and east of Hummingbird Lane/Scott Park Drive; and WHEREAS, the applicant, Southgate Development Company, on behalf of the owners, has requested annexation of the 95.2 acre tract into the City of Iowa City; and WHEREAS, at the request of the City, the appticant has amended their application to include the annexation of additional approximate 10 acres of properly located south of Lower West Branch Road and east of Hummingbird Lane; and WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the propedies on the east side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City boundaries and to avoid the creation of an island of unincorporated properties almost entirely surrounded by incorporated properties; and WHEREAS, pursuant to Iowa Code Section 368.5 and Section 368.7 (2001), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Attorney, each affected public utility, the Johnson County Council of Governments, the East Central Iowa Council of Governments, and the affected property owners of properties on the east side of Hummingbird Lane; and WHEREAS, the City of Iowa City City Council wishes to transition the imposition of the city property tax levy as is permitted in State Code for the properties immediately east of Hummingbird Lane. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The following described land should be annexed to the City of Iowa City: Commencing at SW corner of Section 7-79-5 proceed northerly 1125.12' and easterly 769.7' to point of beginning; thence easterly 303.59'; nodherly 1431.84' to C/L of Lower West Branch Road; westerly along the Center line of Lower West Branch Road 302.7'; then southerly 1448.3' to point of beginning. Plus The East 100 acres of the Southwest Quarter of Section 7, Township 79 North, Range 5 Resolution No. 01-266 Page 2 West of the 5th P.M., except for the following described tracts: Tract 1: Commencing at the North East corner of the South West one-quader of section 7, Township 79, North, Range 5 West of the fifth principal meridian in Johnson County, Iowa; thence North 87 Degrees 45 minutes West along the north line of the said South West one-quarter for a distance of 707.5 feet to the point of beginning, thence South 2 degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45 minutes West for a distance of 247.2, thence North 2 Degrees 15 minutes East for a distance of 321.4 feet, thence South 87 degrees 45 minutes East along the North line of the said South West one-quader for a distance of 247.2 feet to the point of beginning; containing an area of 1.82 acres more or less. Tract 2: Commencing at the N.E. corner of the S.W., 1/4 Section 7 Twp. 79 North, Range 5 West of the 5 P.M.; thence North 87°45'' West along the Nodh line of said S.W. ¼ for a distance of 1203.8 feet to the N.W. corner of Tract #2 of survey in said S.W. ¼ Section 7-79-5 recorded in Plat Book 8, page 35, Plat Records of Johnson County, Iowa; thence on Nodh 87045' West along said North line of said S.W. ¼ 436 feet to the point of beginning; thence from said point of beginning, South 1°3' East, 218 feet; thence North 87045, West 100 feet; thence North 1°03" West 218 feet to the North line of said S.W. ¼; thence South 8705' East 100 feet to the point of beginning, containing one-half acre more or less subject to easements and restrictions of record, Tract 3: Commencing at the Northeast corner of the Southwest one-quarter of section 7, Township 79 North, Range 5 West of the fifth Principal Meridian in Johnson County, Iowa; thence North 87 degrees 45 minutes West along the North line of said south West one-quader for a distance of 954.7 feet to the point of beginning, thence South 2 degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45 minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for a distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the North line of the said South West one-quarter for a distance of 249.1 feet to the point of beginning: containing an area of 1.84 acres more or less. Tract 4: Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79 Nodh, Range 5 West, of the Fifth Principal Meridian; Thence N88°43'59"W, along the South Line of said Southwest Quarter, 1036.36 feet; Thence S14°38'50"W, 2.38 feet, to the Northeast Corner of Scott Boulevard East, Part One. in accordance with the Plat thereof Recorded in Plat Book 31, at Page 131, of the Records of Johnson County Recorder's Office; Thence N88°53'21"W, along the North Line of said Scott Boulevard East, Part One, a distance of 683.17 feet; thence N00°39'55"W, along said North Line, and the East Line of Scott Boulevard East, Part Two, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 225, of the Records of Johnson County Recorder's Office, 75.04 feet; Thence S88°53'21"F. 9.02 feet; Thence Northeasterly, 75.34 feet, along a 1360.00 foot radius curve, concave Northwesterly. whose 75.33 foot chord Resolution No. 01-266 Page 3 bears N89°31'26"E; Thence N87°56'13"E, 103.03 feet: Thence Northeasterly, 79.77 feet. along a 1440.00 foot radius curve, concave Southeasterly, whose 79.76 foot chord bears N89°31'26"E; Thence S88°53'21"E, 771.32 feet: Thence Northeasterly, 372.64 feet, along a 960.00 foot radius curve, concave Northwesterly, whose 370.30 foot chord bears N79°59'27"E; Thence N68°52'I4"E, 114.88 feet; Thence Northeasterly, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears N74°28'33"E: Thence NB0°04'52"E, 14.62 feet, to a Point on the East Line of said Southwest Quarter of Section 7; Thence S00°05'18"E, along said East Line, 261.42 feet, to the Point of Beginning. Said Parcel of land contains 4.45 acres, more or less, and is subject to easements and restrictions of record. Resultant tract contains 105.04 Acres more or less and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2001) at applicant's expense. 3. Further, the City Clerk is authorized and directed to certify and file all necessary documents for cedification of the population of the annexed territory to Johnson County and the State Treasurer. 4. The City of Iowa City will transition the imposition of the city property tax levy according to the following schedule for the properties directly east of Hummingbird Lane as described below: Commencing at SW corner of Section 7-79-5 proceed northerly 1125.12' and easterly 769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower West Branch Road; westerly along the Center line of Lower West Branch Read 302.7'; then southerly 1448.3' to point of beginning. First Year: 75% discount Second Year: 60% discount Third Year: 45% discount FourthYear: 30% discount Fifth Year: 15% discount Sixth Year: 0% discount 5. Appropriate City staff is hereby authorized and directed to codify and file all documents necessary for the transition in the imposition of the City property ta;< levy for the approximate 10 acre parcel as described and outlined herein. Passed and approved this 2].st day of u t A~-ov~=,~l~y , . / Resolution No. 01-266 Page 4 It was moved by 0 ' Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~ Wilburn Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-267 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE AVIATION COMMERCE PARK FINANCING AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY AIRPORT COMMISSION OF IOWA CITY, IOWA WHEREAS, the Airport Commission, as the manager of an approximate 54 acre tract adjacent to the Iowa City Airport, desires to develop said property to establish seventeen commercial/industrial lots and two outlots; and WHEREAS, to develop said property, certain infrastructure needs to be constructed and installed to support the development, the costs of which exceed the annual operations budget of the Airport Commission; and WHEREAS, the City finds it is in the public interest to support this commercial/industrial development in an effort to bolster the City's tax base and enable the Commission to become financially self-sufficient from City property tax supported subsidies and the general fund; and WHEREAS, the City and the Airport Commission have negotiated an agreement under which the City will provide the Commission with funds for installation of the required infrastructure and the Commission will reimburse the City from revenue realized from the commercial/industrial development; and WHEREAS, the Parties desire to memorialize the terms and conditions of their financing arrangement into a written agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Aviation Commerce Park Financing Agreement between the City of Iowa City, Iowa and the Iowa City Airport Commission of Iowa City, Iowa. Passed and approved this 21st day of Auqust ,20 01 A~TEST: )')~',c~-t,,-,<_~,'?/~2· '~{,.{j ' CIT~CLERK '.' / ' Sarah',airpod~viation COmmerce financing agreement res doc Resolution No. 01-267 Page Z It was moved by O'Donnel 1 and seconded by Champion 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 AVIATION COMMERCE PARK FINANCING AGREEMENT THIS AGREEMENT is hereby made and executed by and between the Iowa City Airport Commission of Iowa City, Iowa (hereinafter "Commission") and the City of Iowa City, Iowa (hereinafter "City"). The City is a municipal corporation organized under the laws of the State of Iowa and the Commission is an authority organized under Chapter 330 of the Iowa Code and vested with all powers granted to cities under the Iowa Code, except the power to sell the airport. This agreement outlines the terms and conditions, and the relative rights and responsibilities of the City, as financier/owner, and the Commission, as developer/manager, for development of the Aviation Commerce Park (hereinafter "ACP"), a tract of approximately 54 acres owned in fee by the City and managed and controlled by the Airport Commission. WHEREAS, the Airport Commission desires to develop approximately 54 acres of northern airport property to establish seventeen commerciaFindustrial lots and two outlots; and WHEREAS, certain infrastructure needs to be constructed and installed to support said commercial/industrial development, the costs of which exceed the annual operations budget of the Airport Commission; and WHEREAS, the City finds it in the public interest to support this commercial/industrial development in an effort to bolster the City's tax base and enable the Commission to become financially self-sufficient from City property tax supported subsidies and general fund; and WHEREAS, the City and the Airport Commission have negotiated an agreement under which the City will provide the Commission with funds for installation of the required infrastructure and the Commission will reimburse the City from airport revenue realized from the commerciaFindustrial development; and WHEREAS, the Parties desire to memorialize the terms and conditions of said financing arrangement in a written agreement. NOW, IT IS THEREFORE AGREED AS FOLLOWS: 1. Purpose The purpose of this agreement is to support commercial/industrial development, bolster the City's tax base, and enable the Commission to become financially self-sufficient of the City's property tax supported general fund through the development of the Aviation Commerce Park. To effectuate the terms of this agreement and facilitate the project, the City agrees to provide financial accounting and distribution services on behalf of the Commission without charge. 2. Total Project Cost: Estimated and Final "Total Project Cost" is defined as all quantifiable costs directly attributed to development of the Aviation Commerce Park, which includes the costs of: drainage improvements, attorney fees, landfill tipping fees, design fees, debt service principle, interest and fees, improvement construction, improvement inspection, construction contract administration, project design fees (current and expected), and marketing fees. Estimated Total Project Cost is currently approximately $2,448,748.40 ($1,600,000 principal and $848,748.40 interest). The parties contemplate that the Estimated Total Project Cost will increase or decrease depending on fluctuations in the cost variables outlined above. Final Total Project Cost shall be established by certification of all project billings to the project account by the Iowa City Finance Department. Any dispute regarding the Final Total Project Cost shall be resolved by third party financial audit, said third party to be agreed upon by City and Commission. Final reconciliation and balancing of accounts between the parities shall be based on the certified Final Total Project Cost. 3. Acceptance and Maintenance of infrastructure. Upon completion of the construction and installation of the public improvements included within the Aviation Commerce Park to City engineering design standards, the City will accept said public improvements as part of the City' s public infrastructure. After acceptance of said public improvements, the City shall maintain said public improvements as part of the public infrastructure, shall provide repair and replacement of water and sewer mains, as necessary, and shall provide snow removal and routine maintenance on public streets, as necessary. The Commission shall not be assessed or charged for the costs of these services. 4. Leasin~ and Marketing: Raw Minimum Lease Rate and Market Minimum Lease Rate. The "Raw Minimum Lease Rate" for each lot is defined as the estimated total cost of the project amortized over twenty years and divided by the number of acres in each lot, or fourteen cents ($.14) per square foot. The Raw Minimum Lease Rate shall be adjusted in relation to the range of existing commemial lease rates within Iowa City to establish the Market Minimum Lease Rate for each of the lots within the Aviation Commerce Park. The Market Minimum Lease Rate for each lot within the development shall be established by a letter of agreement between the Commission and City Council, which agreement shall be negotiated and executed on behalf of each entity by the Airport Manager and City Manager, respectively. Said letter of agreement shall be reviewed, at minimum, on an annual basis by the Airport Manager and City Manager to ensure the Market Minimum Lease Rate is competitive within the range of current commercial lease rates and no less than current commercial lease rates. The letter of agreement establishing the Market Minimum Lease Rate for each lot in the development may be amended by subsequent letters of agreement executed by the Airport Manager and City Manager. The Airport Manager and City Manager are hereby authorized and directed to negotiate and execute said letters of agreement as contemplated above. All leases and/or other agreements regarding lots within the ACP shall be negotiated by the Commission's marketing agent, the Commission and the prospective Tenant. However, all leases for lots within the ACP shall contain the following clause: a. Lessee's interest under this lease shall terminate and all payments hereunder shall be forfeited if Lessee does not complete construction of [the required minimum improvements] within five (5) years of the date of execution of this lease agreement. Lessor shall effectuate forfeiture of this lease by delivery of written notice of forfeiture to the Lessee at the Lessee's address as noted herein by either personal delivery to the party to whom the notice is directed or if sent by certified mail, postage prepaid, return receipt requested to the Lessee's address as contained herein. 5. RepaWnent of Final Total Project Cost: Distribution of Revenue Beginning with the date of execution of this agreement, all lease payments and/or other revenues received by the Commission from the lots within the ACP shall be paid to City on a payment schedule amortized over twenty (20) years until the Final Total Project Cost is repaid. See Exhibit "A" for a sample repayment schedule assuming a Total Project Cost of $2,448,748.40. Minimum required yearly payments shall be calculated per the same assumptions indicated on the sample repayment schedule, Exhibit "A", (i.e. $1,600,000 loan at 4.4848% with debt retirement on twentieth year). If the Commission, during each fiscal year it is due, does not make the entire annual payment to City, any shortfall under said schedule shall be carded over to the next fiscal year, and minimum payments shall be adjusted accordingly for interest accruing on such shortfall. After payment of any shortfall, plus interest, due under the repayment schedule for prior years, plus payment of the minimum payment due for the current fiscal year, any lease payments and/or other revenues received by the Commission from the lots within the ACP shall be credited to the Commission for its use. For the purposes of this agreement, a fiscal year shall be defined as July 1 through June 30th, or any part thereof, after the date of the execution of this agreement by either party. The parties acknowledge and agree that the sums outlined in Exhibit "A" are illustrative only, as said sums are subject to change based on certification of the Final Total Project Cost per paragraph 2 above and the rate of debt repayment by Commission. The intent of this paragraph is that the Commission will maintain repayments consistent with a twenty (20) year debt retirement schedule prior to realizing any revenues from the ACP for its use. Nothing in this agreement shall prevent the Commission from making advance payments and/or retiring said debt prior to the passage of twenty (20) years. After final reconciliation and repayment of the Final Total Project Cost to City, all lease payments and/or revenues received by the Commission from the lots within the ACP shall be credited to the Commission for its use. 6. Outstanding Debt/Termination of Agreement Any and all debt outstanding under the terms of this agreement shall be a continuing and perpetual obligation on the part of the Commission until fully repaid to and released by City. Upon full repayment of all debt outstanding under the terms of this agreement, all rights, responsibilities, or obligations of either party hereunder shall expire, and this agreement shall be terminated. 7. Notices and Demands. Notices, requests, demands and other communications shall be in writing and will be deemed sufficiently given for all purposes hereunder if (a) delivered personally to the party to whom the same is directed, or (b) sent by certified mail, postage prepaid, return receipt requested, at the addresses identified below; or to such other address as shall have been given in writing in accordance herewith: The Commission: by notifying the Airport Manager, Iowa City Municipal Airport, 1801 South Riverside Drive, Iowa City, Iowa 52246 The City: by notifying the City Manager, City of Iowa City, 410 E. Washington Street, Iowa City, Iowa 52240 8. Entire A~eement: Chan~es or Amendments: No Other Intended Beneficiaries. This Agreement represents the entire agreement as it exists at the time of the signing of this Agreement between the parties. None of the covenants, provisions, terms, or conditions of this agreement to be kept or performed by either the Commission or the City shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by each of the parties. No person or entity not a party hereto is intended to be a beneficiary of or to have the right to enforce this Agreement. 9. Choice of Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Iowa. The parties acknowledge that the proper venue of any court action is in Johnson County, Iowa. 10. Successors and Assigns: Assignment: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. However, neither party shall assign this agreement or any part thereof, without the other party's specific, prior written consent. 11. Severability. In the event any portion of this agreement is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. IOWA CITY AIRPORT COMMISSION CITY OF IOWA CITY Richard Mascari, Chairperson Mayor ·" ATTEST: ATTEST~ City Clerk App, roved By: Approved By: , ~ -. Counsel $1,600,000 Loan to Aviation Commerce Park Interest Rate Annual Year Principal of 4.4848% Payment $1,600,000.00 I $ 50,000.00 $ 71,756.80 $ 121,756.80 $1,550,000.00 2 $ 55,000.00 $ 69,514.40 $ 124.514.40 $1,495,000.00 3 $ 60,000.00 $ 67,047.76 $ 127,047.76 $1,435,000.00 4 $ 60,000.00 $ 64,356.88 $ 124,356.88 $1,375,000.00 5 $ 65,000.00 $ 61,666.00 $ 126,666.00 $1,310,000.00 6 $ 65,000.00 $ 58,750.88 $ 123,750.88 $1,245,000.00 7 $ 70,000.00 $ 55,835.76 $ 125 835.76 $1,175,000.00 8 $ 70,000.00 $ 52,696.40 $ 122 696.40 $1,105,000.00 9 $ 75,000.00 $ 49,557.04 $ 124 557.04 $1,030,000.00 10 $ 75,000.00 $ 46,193.44 $ 121 193.44 $ 955,000.00 11 $ 75,000.00 $ 42,829.84 $ 117 829.84 $ 880,000.00 12 $ 80,000.00 $ 39,466.24 $ 119 466.24 $ 800,000.00 13 $ 85,000.00 $ 35,878.40 $ 120 878.40 $ 715,000.00 14 $ 90,000.00 $ 32,066.32 $ 122 066.32 $ 625,000.00 15 $ 95,000.00 $ 28,030.00 $ 123 030.00 $ 530,000.00 16 $ 100,000.00 $ 23,769.44 $ 123 769.44 $ 430,000.00 17 $ 100,000.00 $ 19,284.64 $ 119 284.64 $ 330,000.00 18 $ 105,000.00 $ 14,799.84 $ 119 799.84 $ 225,000.00 19 $ 110,000.00 $ 10,090.80 $ 120090.80 $ 115,000.00 20 $ 115,000.00 $ 5,157.52 $ 120 157.52 $ $1,600,000.00 $ 848,748.40 $ 2,448.748.40 COMMERCE PARK FINANCING AGREE NT ~y made and executed by and between the Ioa City Airport vested with all exee ort. This agreement [ conditions, and the relative ~hts and responsibilities of the City, as financier/owner. ' as developer/n~nager, for development of the Aviation Commerce Park a tract of approx~nately 54 acres owned in fee by the City and managed and controlled b Airport Commission. WHEREAS, the Airport Commission develop appr,~ximately 54 acres of northern airport property to establish seventeen and WHEREAS, certain infrastructure needs to be said commercial/industrial development, the annual operations budget of the Airport Commission; and WHEREAS, the City finds it in the public interest to : this commercial/industrial development in an effort to bolster the City Commission to become financially self-sufficient from City property tax general fund; and WHEREAS, the City and the under which the City will provide the Commission with f the required infrastructure and the Commission will reimburse the City commercial/industrial development; and WHEREAS, the Parties the terms f said financing arrangement in a written agreement. NOW, IT IS \ \ 1. Purpose The purpose of this a cement is to support eommercial/industrialx~levelopment, bolster the City's tax base, and e able the Commission to become financially self-sufficient of the City's property tax support subsidies and general fund through the developsbent of the Aviation Commerce Park. T effectuate the terms of this agreement and facilitate~'the project, the City agrees to provide fi aneial accounting and distribution services on behalf o~,the Commission without char 2. Total Project Cost: E imated and Final "Total Project Cost" is defined as all quanti~able costs directly attribut to development of the Aviation Commerce Park, which includes the costs oe drainage i rovements attorney fees, landfill tipping fees, design fees, debt service principle, ~nte , ent construction, improvement ~nspectlon, const ctlon contract administration, project design fees (current and expected), and marketing fees. Estimated Total Project Cost is currently approximately $3,100,000. The parties contemplate that the Estimated Total Project Cost will increase or decrease depending on fluc uations in the regarding th, 1 Total Project Cost shall be resolved by third party ~naneia audit, said third / 3. Acceptance Upon installation of the engineering desig: r will accept said public ' as part of the City's public infrastructure. public improvements. shall maintain said public improvements as 'the public infrastructure, shall water and sewer mains, and shall and routine maintenance on public streets, as necessary. 4. Leasing and Marketing: The "Raw Minimum Lease project amortized over I by the number of a tn each lot. Raw Minimum Lease Rate shall be adj , the range ofexi~ Iowa City to Lease Rate f he Aviation Commerce Park. The Market Minimum shall be established by a separate written agreement ~ Commission and City Council, and shall be reviewed annually by the Commission to ensure the Market Minimum Lease Rate is competitive within the range of current lease rates and no less than current commercial lease rates. The written agreement, the Market Minimum Lease Rate for each lot in the development may be amended parties. All leases and/or the ACP shall be negotiated by the Commission's marketing agent, the and However, all leases a. Lessee's forfeited if Lessee does 1 complete [the required minimum improvements] within s lease agreement. Lessor of written notice of at the Lessee's address delivery to the notice is ' certified mail, postage prepaid, requested .tandard lease for parcels in will negotiate the leased ~pecific parcel. 5. Repayment of Final Total Project Cost: Distribution of Revenue Lease payments and/or other revenues received by the Commission from the lots within the ACP shall an amortized e Final Total Project Cost is repaid. reconciliation Total Project Cost to City, all lease revenues received the Commission from the lots within the ACP shall 1 to the Commission for its lusive use. See Exhibit A for the 6. Outstanding Debt and all debt outstanding under the terms shall be a continuing and part of the Commission until and released by City. 7. Notices and Demands. requests, demands and shall be in writing and will be deemed given for all purpo hereunder if (a) delivered personally to the party to same is directed, or (b) by certified mail, postage prepaid, return receipt requested, the addresses identified or to such other address as shall have been given The Commission: notifyinI Iowa City Municipal Airport, 1801 Iowa 52246 The City: by r of Iowa City, 410 E. Washington Street, 52240 8. Entire Agreement: Changes or Amendments: l' Other Intended Beneficiaries. This Agreement represents the entire a t ~ ; at the time of the signing of this Agreement between the paxties. None of the covenants, ~, terms, or conditions of this agreement to be kept or performed by either the Commi: ' shall be in any manner modified, waived, or abandoned, except by ' signed by each of the parties. No person or entity not a party hereto , of or to have the righi to enforce this Agreement. 9. Choice of Law. This governed by construed in accordance with the laws of the State of Iowa. The ~ that the' court action is in Johnson County, Iowa. 10. Successors and Assigns: This Agreement shall the benefit of the parties hereto ~ espeetive successors ~ However, neither party shall assign this agreement without the other prior written consent. 11. Severability. of this agreement is foum portions severable and shall remain in full force and effect. IOWA CITY AIRPORT COM1VIISSION CITY OF IOWA CITY By: By: Richard Mascari Mayor ATTEST: ATTEST: Secretary City Clerk Approved By: Airport Commission Counsel 's Office Airport Lon, ,'m Debt Information requested by Council Member Kanner K,',. ~Total G. OI i Year Date Issued i;;! Term Airport Project Cost Interest Total Debt ~ Project Name Service I Millions ~ ,~ 2oool 20-Jun $ 14.31 i18years Terminal Impr. $ 700,000 $ 397,009 $ 1,097,009 "~ " F '" i Master plan $ 16,584 $ 9,406 $ 25,990 u~ 1999 l~-Mar $ ~.0_0_._J_9_years Masterplan $ 300,000 $ 140,120 ~ 4~0,120 ~n ~ 1998~ 1-Apr $ 8.50 15 years Master plan $ 169,517 $ 62,997 $ 232,514 1997 1-Apr $ 5.20 10 years Master plan $ 296,307 $ 77,602 $ 373,909 $ 1,482,408 $ 687,134 $ 2,169,542 proposed 2001 1 -Mar $ 11.70 20 years Master plan $ 250,000 $ 153,289 $ _ 403,289 Fuel Tanks $ 345,000 $ 211,442 ~; 556,442 ' ;;' ' '; !Comcl. Park $ 1,200,000 $ 735,451 $ 1,935,451 ~ ~ $ 1,795,000, $ 1,100,182 $ 2,895, f82 City of Iowa City Page 1 1/30/01 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB00-0021) RESOLUTION NO. 01-268 RESOLUTION APPROVING FINAL PLAT OF NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, the City of iowa City, filed with the City Clerk the final plat of North Airport Development, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the foliowing-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast comer of Westport Plaza as recorded in Book 32 at Page 289 in the Records of the Johnson County Recorder's Office; Thence N00°35'32"E along the East line of said Westport Plaza, 754.71 feet; Thence N51°23'44"E, 59.53 feet to a point on the Southwesterly right-of-way line of Ruppert Road; Thence Northwesterly, 77.16 feet along said right-of-way line and an arc of a 409.92 foot radius curve, concave Northeasterly, whose 77.05 foot chord bears N36011'29'"VV; Thence N38°44'54'M/, along said right-of-way line, 94.65 feet to a Point on the Westedy right-of-way line of Ruppert Road; Thence N00°35'32"E along said right-of-way line, 140.32 feet; Thence S89°29'19"E, 1041.99 feet; Thence N89041'00"E, 636.50 feet; Thence N89043'00"E, 491.70 feet; Thence S16029'25"E, 429.89 feet; N89°34'39"E, 395.33 feet to a point on the Westerly right-of-way line of Riverside Drive; Thence S12°58'23"E along said right-of-way line, 156.47 feet; Thence N89°35'33"E, along said right-of-way line, 81.39 feet; Thence S12°59'02"E, along said right-of-way line, 213.05 feet; Thence S89048'54"W, 453.47 feet; Thence N16031'12"W, 129.74 feet; Thence S70° 15'04"W, 1033.22 feet; Thence S73° 19'46"W, 1321.45 feet; Thence N55055'22"W, 93.05 feet to a point on the West line of the Northeast one-quarter of Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01°05'08"E, 27.24 feet to the North one-quarter corner of said Section 21; Thence N00°35'32"E along the West line of the Southeast one-quarter of Section 16 of said Township, 229.94 feet to said Point of Beginning, containing 57.13 acres and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) 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. 0003 -8 Resolution No. e'l-Z68 Page 2 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recerding for public safety masons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attomey, 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 mcerd 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 21st day of Auqust ,20 01 . S~i~L MAYOR Approved by It was moved by Wi'lbu~-n and secended by 0'Donne]] the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn ppdadm/res/nairport-finalplat.doc 000349 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00010) RESOLUTION NO. 0].-269 RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART XVIII, IOWA CITY, IOWA. WHEREAS, the owner, Third Street Partners, L.L.C., filed with the City Clerk the final plat of Village Green, Part XVIII, 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: Beginning at the Northeast Corner of Outlot "A" of Village Green, Part XVII, In accordance with the Plat thereof Recorded in Plat Book 41 at Page 21 of the Records of the Johnson County Recorder's Office; Thence S00o'45'59"W, along the East Line of said Outlot "A", a distance of 949.12 feet, to the Southeast Corner thereof; Thence S89°53'53"W, along the South Line of Said Outlot "A", and the North Line of Village Green South Part 3A in accordance with the Plat thereof Recorded in Plat Book 34 at Page 38, of the Records of the Johnson County Recorder's Office, a distance of 311.79 feet, to the Northwest Corner of said Village Green South Part A; Thence S67°02'15"W, 214.32 feet; Thence S89o51'17"W, 368.46 feet; Thence N02°11'20"W, 220.11 feet. to a point on the Westerly Line of said Outlot "A"; Thence Northeasterly, 1099.30 feet, along said Westerly Line, on a 760.00 foot radius curve, concave Northwesterly, whose 1005.95 foot chord bears N46o22'24"E; Thence N04o56'08"E, along said Westerly Line, 124.99 feet; Thence Northeasterly, 24.29 feet, along said Westerly Line, on a 15.00 foot radius curve, concave Southeasterly, whose 21.72 foot chord bears N51°19'36"E; Thence Southeasterly, 38.46 feet, along the North Line of said Outlot "A", on a 350.00 foot radius curve, concave Southwesterly, whose 38.44 foot chord bears S79o08'05"E; Thence Southeasterly, 80.92 feet, along said North Line, on a 350.00 foot radius curve concave Northeasterly, whose 80.74 foot chord bears S82o36'37"E; Thence S89o14'01'E, along said North Line, 25.00 feet, to the Point of Beginning. Said Tract of Land contains 9.54 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) 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. 0002S8 Resolution No. 01-269 Page 2 2. The City accepts the dedication of easements as provided by law and specifically sets aside portions of the dedicated land, as not being open for public access at the time of recording for public safety reasons. 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 21st day of Auqust ,20 01 . CORPORATE SEAL YOR Appreved by ATTEST: hi x,~-~__) 2~- ~/~ CITY~LERK It was moved by renderboer and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll ~11 there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn 000259 STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB01-00010 Village Green Part XVIII Date: August 2, 2001 GENERAL INFORMATION: Applicant: 3~u Street Partners C/o Frantz Construction 325 Third Street Iowa City, IA 52240 Contact Person: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Requested Action: Final Plat approval Purpose: To permit a 3-lot residential subdivision with two outlots Location: West of Scott Boulevard, south of Village Road Size: 9.54 acres Existing Land Use and Zoning: OPDH-5 Surrounding Land Use and Zoning: North: Residential; OPDH-5 & RS-5 South: Residential, undeveloped; OPDH-5 East: Residential; County RMH West: Residential; OPDH-5 Comprehensive Plan: Residential, 2-8 Dwelling units / acre File Date: July 11, 2001 45 Day Limitation Period: August 25, 2001 60 Day Limitation Period: September 9, 2001 BACKGROUND INFORMATION: The applicant, 3~d Street Partners cJo Frantz Construction, is requesting final plat approval of Village Green Part XVIII, a 3-lot with 2 outlots, 9.54 acre residential subdivision located south of Village Road and west of Scott Boulevard. The preliminary plat for Village Green Parts XVIII-XX was approved in July 2000. The design is of plat is similar to the existing condominium development on the north side of Village Road. The condominium units are proposed to be clustered around private streets that T-into Village Road, backing onto a proposed pond. 2 ANALYSIS: Conformance with preliminary plat and OPDH plan: The preliminary plat and Planned Development Housing Overlay (OPDH) plan showed 27 condominium units proposed for Part XVIII. The final plat is in general conformance with the approved preliminary plat. There are minor changes proposed to the alignment of Baldwin Lane (terminating in an L-shape instead of a straight dead-end) and to the pattern of units along Clifford Lane (4 three-plexes instead of 1 four- plex, 2 three-plexes and one duplex). Staff finds these changes to be minor, and in the case of Baldwin Lane, a slight improvement to the design. The total number of units in each lot and the overall design have not changed. Sensitive Areas: There are hydric soils that have been identified on the Sensitive Areas site plan that accompanied the preliminary plat. The legal papers will need to reference the need for subsudace drainage systems for roads, the need for sump pumps, and specifications for the discharge of roof drains and downspouts in areas of hydric soils. Storm water management: Storm water management requirements have been satisfied with previous parts of Village Green. However, the proposed pond will improve storm water management in the area by providing an additional area for water to aerate and for sediments to settle out of the water. Utilities: A water main tap-on fee is required at a rate of $395/acre. A sanitary sewer tap-on fee is required at a rate of $1,698.18/acre for the portion of the property for which sanitary sewer fees have not yet been paid, previously occupied by Village Green South. These fees go toward off- setting the cost to the City to provide water and sewer main extensions to the area. Sanitary sewer: When the preliminary plat for Village Green XVIII-XX was evaluated, the staff report noted there is an 8" sanitary sewer line in the area of the proposed pond, that would need to be relocated to allow for the pond. The sewer line will eventually be relocated within the proposed Wintergreen Drive right-of-way, and will be upgraded to 12" to accommodate this development. The platting of Village Green XVIII by itself will not encroach into the existing sewer line, and the sewer line will not be required to be relocated. However, prior to development occurring on Parts XIX and XX of Village Green, the 8" sewer line will need to be relocated and upgraded. Open Space: The open space requirements for the entire Village Green and Village Green South neighborhood have been satisfied with previous plats. No new public open space is being proposed, and no fees are required. STAFF RECOMMENDATION: Staff recommends that SUB01-0010, Village Green Part XVIII, a 9.54 acre, 3-lot subdivision with 2 outlots, be approved, subject to approval of legal papers and construction plans prior to City Council consideration. ATTACHMENTS 1. Location map 2. Final plat 3. Preliminary plat of Village Green XVII I-XX Approved by: ~ ~ Robert Miklo, Senior Planner, Department of Planning and Community Development CITF OF IO H:A CITF ~ PARKVIEW AV,' II \\ / "'~ Chatham MERCER ,,/ ---,- ,-, ' Place \\ Ce \ \ ca /"'\ -, f ace f f" n~ ~ \ m Plaice / - -- \ I G - ~z PDH 5 SITE LOCATION: Village Road SUB01-00010 Final Plat FILED VILLAGE GREEN - P ART XVIII ,_,,_,.,,-,.,_4~u.j~.~LB-,r~!L~: o~Iowa CITY, IOWA LEGEND AND NOTES ...... ~ CITY Ct ERK IOWA IT~ ~" ~ ~"~ 'x ~ ' ' , ~ ..........-/' ,' - , / Preliminary Plat Villas~' Green, Parts X~u1 -- X Iowa City. Iow~ Preliminary 0PDH--6 Plan for Lots 48--61 & 55--67 I S' and Sensitive Areas Site PLan ~ WELLINGTON CONDOMINIUMS II i--']i 1lllll~211jlJill!l~l____ .....~.~,--,--- '. _L---'_~-'~Z~Z':.-.'~::.:.~'._i .::~_.- ~::~: ----.------ , , Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB01-00011 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SALTZMAN SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, Saltzman Enterprizes, LTD., filed with the City Clerk the preliminary and final plat of Saitzman Subdivision, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N90o00'00"E, 33.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 6 (ALSO KNOWN AS SOUTH RIVERSIDE DRIVE) AND THE POINT OF BEGINNING; THENCE N02o33'00"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 150.06 FEET; THENCE N90o00'00"E, ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 2, STURGIS CORNER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 12 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER AND ALONG SAID NORTH LINE, 450.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY BANK OF THE IOWA RIVER; THENCE SOUTHEASTERLY, ALONG THE EASTERLY LINE OF SAID LOT 2 AND ALONG SAID WESTERLY BANK TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1 OF SAID STURGIS CORNER ADDITION; THENCE Ng0o00'00"W, ALONG SAID EASTERLY EXTENDED LINE AND THE NORTH LINE OF SAiD LOT 1, A DISTANCE OF 528.00 FEET MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID US HIGHWAY NO. 6; THENCE N00o0'51'15"E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 100.00 FEET, THENCE S89o48'08"W, 17.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.80 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. Page 2 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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 day of ,20__ MAYOR Approved by ATTEST: ~ ~ '}If-,/( t A CITY CLERK Ci y ttorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn City of Iowa City MEMORANDUM Date: July 27, 2001 To: Planning and Zoning Commission From: Robert Miklo Re: SUB01-00011 Saltzman Subdivision The issue regarding the sanitary sewer easement under the building has been resolved (see attached memo from the Mitch Behr. Staff has found that there is a recorded easement, which gives the City rights to repair the line. The existing easement should be noted on the plat. Staff continues to recommend that the curb cut for lot 2, which contains the Ground Round Restaurant, be closed in the event that that property ever redevelops. The property would then have access from the shared driveway directly north of the property line. As long as the current building remains the existing curb cut could remain open. To accomplish this the access easement located on lot 1 should allow access between Riverside Drive and lot 2. We believe that this is a means of improving a dangerous traffic situation without burdening the existing business. Staff and the applicant are discussing alternative means of accomplishing this objective. We hope to have an agreement reached by the August 2 Planning and Zoning Commission meeting. In absence of an agreement regarding future access to lot 2 staff recommends denial of the subdivision. If we can reach agreement regarding future access to lot 2, staff recommends a?pro~al of t~e Saltzma Subdivision, a 2.8-acre, 3-lot commercial subdivision located east of · . "o i ,';%rgandcomm.ni,yDevelopment City of Iowa City MEMORANDUM DATE: July 26, 2001 TO: Planning and Zoning Commission FROM: Mitchel T. Behr, Assistant City Attorney RE: SUB01-00011, Saltzman Subdivision At the Planning and Zoning Commission meeting of July 19, 2001, Staff recommended approval of the subdivision subject to three conditions, the first of which provides as follows: Inclusion of language in the legal papers requiring owner of the building occupied currently by the Ground Round assume responsibility for the repair of any sewer line breaks and malfunctions that take place under said buildings. Further investigation has been made into the basis for this recommendation. It has been determined that the City does have a valid, recorded easement for the sewer line underneath the building occupied currently by the Ground Round, which places all property owners on notice thereof. Therefore, a note on the plat indicating the existence of the sewer line and easement will be sufficient, and it will not be necessary to include specific language in this regard in the legal papers. rnitch/B/saltzmansubd/sub01-00011 .doc Saltzman Subdivision exis~g Pa~ess Shoe Store Lot 1 Illrill I shared drive · existing ~-. Ground Round ' o, Lot 2 · Restaurant ~,, I I ~ I I r I I i i i i i i i i i d~veway to be closed if redevelopment occurs I I I I I I ~ I ~ I I I F I II I I ~ I I I I I Sturgis Corner Drive City of Iowa City MEMORANDUM To: Planning and Zoning Commission From: John Adam, Planning Intern Date: July 12, 2001 Re: SUB01-00011, Saltzman Subdivision At the Planning and Zoning Commission meeting of July 5, 2001 commissioners voiced questions and concerns about the reduction of curb cuts onto South Riverside Drive and the requirement of a trail easement as a condition of subdivision approval. Staff discussed these issues and came to the following conclusions: 1 ) The existing Ground Round Restaurant access point onto Riverside Drive is too close to Sturgis Corner Drive (there are only 25 feet between them). This results in a traffic situation that contributes to the higher than average collision rate in this block. Two access point this close together along an arterial street create an obvious traffic safety issue that would not be approved a part of a new development. Ideally the existing curb cut for the Ground Round would be eliminated. However, the current orientation of the Ground Round restaurant building and the building's entrance makes it irnpractical to eliminate its entrance onto South Riverside at this time. This situation is directly addressed by the City's Comprehensive Plan, which states "...as properties redevelop along Riverside Drive there will be opportunities to combine vehicular access points and close existing curb cuts to minimize side friction on Riverside Drive." Any future redevetopment of the Ground Round site will provide the opportunity to achieve compliance with the Comprehensive Plan and the City's policy regarding curb cut locations by removing the existing curb cut. Further, while this subdivision plat creates three separate lots, one of which is yet undeveloped, the plat includes an access easement sufficient to provide access to all lots through a shared single means. Staff recommends that as a condition of approval, a note be included on the preliminary and final plat stating, "Upon redevelopment of Lot 2 the curb cut onto South Riverside Drive shall be eliminated and sole ingress/egress to Saltzman Subdivision shah be via the utility and access easement contiguous with the southern boundary of Lot 1 ." This condition would require the closure of the curb cut only if the existing building were removed and the lot redeveloped. As long as the existing building stands the existing curb cut may remain open. Staff asked the owner if he would agree to this condition and he indicated that he would not. Staff does not recommend approving this plat until this issue is resolved. 2) Commissioners asked whether or not we could require a trail easement before approving the plat. Staff discussion regarding the trail easement focused on establishing an essential nexus between approval of the plat and if there was any need created by this subdivision for a trail easement. In a Supreme Court case that involved dedication of a trail easement (Dolan v. City of Tigard, 1994) the Court found that no such nexus existed between the plaintiff's application for a building permit and the condition of easement dedication. Similarly, as this subdivision does not by itself create a heightened need for such an easement, or intensify the uses presently on site, there is no connection between the dedication of an easement and subdivision approval. While the City has envisioned a trail system running along both sides of the Iowa River, no construction plans for a westside trail south of Benton Street have been drafted, therefore the exact siting and orientation of the easement is unknown. In addition, the westside extension is unfunded and will probably remain so for several years to come. Therefore staff does not recommend that a trail easement be required. After the correction to the second deficiency and discrepancy noted in the original Staff Report (the eastward extension of the sewer line off the property was not noted) another related deficiency was discovered. A southern extension of the sewer line passing through Lot 2 does not have a utility easement on record. Said line passes under a part of the Ground Round Restaurant. The plat should include an easement over this existing sewer line. Staff recommends that language be added to the legal papers for this subdivision requiring the owner of the property owner take responsibility for the repair of any sewer line breaks or malfunctions occurring underneath the building where City crews cannot get to them. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat for Saltzman Subdivision, a three-lot, 2.80-acre commercial subdivision, be approved subject to: 1 ) The inclusion of a note on both plats and in legal papers stating: "Upon redevelopment of Lot 2 the curb cut onto South Riverside Drive shall be eliminated and sole ingress/egress to Saltzman Subdivision shall be via the utility and access easement contiguous with the southern boundary of Lot 1 ;" 2) Inclusion of language in the legal papers requiring owner of the building occupied currently by the Ground Round assume responsibility for the repair of any sewer line breaks and realfunctions take place under said building; and 3) Approval of the legal papers for this subdivision. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development T:\PCD~Iohn A~Active Files\Saltzman Memo 7-10.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Adam, planning intern Item: SUB01-00011, Saltzman Subdivision Date: June 29, 2001 Preliminary and Final Plat GENERAL INFORMATION: Applicant: Saltzman Enterprises 7256 Linden Hills Blvd. Minneapolis, MN 55410 Phone: (612) 926-3347 Contact Person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested Action: Preliminary and Final plat approval Purpose: To create a three-lot commercial subdivision Location: East Side of 800 Block of S. Riverside, south of Benton Street Size: 2.80 acres Existing Land Use and Zoning: Commercial, CC-2 Surrounding Land Use and Zoning: North: Commercial, CC-2 South: Commercial, CC-2 East: North Wastewater Treatment Plant, P; general industrial, I-1 (both across the Iowa River) West: Commercial, CC-2 Comprehensive Plan: General commercial development File Date: June 14, 2001 45-Day Limitation Period: July 29, 2001 SPECIAL INFORMATION: Public Utilities: Site is currently served by water and sanitary sewer facilities Public Services: Police and fire protection are provided by City. Private haulers provide waste collection for commercial businesses 2 BACKGROUND INFORMATION: The applicant, Saltzman Enterprises, is requesting a preliminary and final plat of Saltzman Subdivision, a resubdivision of Sturgis Corner Addition, Lot 2 plus two lots with boundaries contiguous with Sturgis Corner Addition. The proposed subdivision is an approximately 2.80-acre, three-lot commercial subdivision located south of Benton Street on the east side of South Riverside Drive. Lots 1 and 2 have already been developed. No development has been proposed or indicated for Lot 3. ANALYSIS: Preliminary Plat: The proposed preliminary plat appears to be in general conformance with the City's subdivision regulations. However, Staff recommends deferral until the deficiencies noted at the end of this report have been corrected. The proposed plat would add a third lot east of (behind) two existing lots fronting on South Riverside, said lots currently occupied by Payless Shoesource and The Ground Round Restaurant at 820 and 830 S. Riverside, respectively. This plat captures the remainder of Sturgis Corner Addition, Lot 2 (SUB77-0003), left over from the subsequent resubdivision of Sturgis Corner, platted later in the same year (SUB77-0029). Fudhermore, the proposed plat would extend the lot occupied by Ground Round eastward by approximately 78 feet and extend Payless Shoesource's lot eastward by approximately 176 feet and southward by 25 feet. Final Plat: The proposed final plat appears to be in general compliance with the City's subdivision regulations. It will have to be modified prior to approval to reflect changes outlined for the preliminary plat. Comprehensive Plan: The aesthetic and traffic-related issues associated with strip development are of concern along South Riverside Drive. The subdivision of this property provides an opportunity to address those concerns by reducing the number of vehicular access points. Staff discussed the possibility but, given the location of the existing buildings, could not find a reasonable way to consolidate the entryways. The preliminary plat does not indicate public access or frontage for Lot 3, which would inhibit emergency vehicle access to the lot and may deter development of it. The only area in which it would be possible to place a road is the 25-foot access easement running through and bounding the southern edge of Lot 1. It is wide enough to allow a private access easement through the parking lots. If Lot 3 is developed a storage shed belonging to Ground Round is located within the easement and will have to be removed. The Comprehensive Plan recommends that redevelopment along S. Riverside Dr. be encouraged in a manner that avoids further low-density strip development as a means of discouraging sprawl. Aside from these concerns, the subdivision, as platted, is not incompatible with the other commercial uses in the surrounding area. Sensitive areas and flood plain: The 100-year flood plain extends over a portion of Lot 3, as indicated on the plat. No grading is being proposed in conjunction with this plat. A sensitive areas site plan will be required for any development on Lot 3 because that property is within the Iowa River Corridor. A 50-foot stream corridor buffer zone required by the Sensitive Areas Ordinance is shown on the plat. Archaeological sites: The area described by this plat was once part of a landfill; although the site has no archaeological significance, anyone who wishes to build on Lot 3 may need to use special construction techniques to make the land suitable for foundations. 3 Open space: The City may be interested in obtaining an easement within the 50-foot stream corridor buffer zone for the purposes of extending the Iowa River Corridor Trail along the west side of the river. Currently, the trail crosses from the west to the east side at Benton Street and arcs away from the river through city streets before rejoining it at Highway 6. The original Sturgis Corner Addition included an agreement between the City and the developers that the developers would build a 6-foot-wide asphaltic concrete trail along the river from Highway 6 northwards to a point approximately 160 feet south of the southern edge of the current Saltzman Subdivision. That agreement was later voided. Because the long-term objective is to have the Iowa River Corridor Trail run down both sides of the river, the City has asked applicant to grant an easement for future trail extensions. Sewer and water: Water and sanitary sewer service are already available and operating at the two existing commercial locations. A trunk sewer line passes through Lot 3 on its way to the North Wastewater Treatment Plant. Water lines would need to be extended to Lot 3 in the event a building is ever constructed. A water main extension fee of $363 for Lot 3 will be required. In addition, the Fire Department noted that any building development on Lot 3 would require the installation of on-site fire hydrants. STAFF RECOMMENDATION: Staff recommends that SUB01-00011 be deferred pending the resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a preliminary and final plat of Saltzman Subdivision, a 2.80-acre, 3-lot commercial subdivision located in the 800 Block of South Riverside Drive, south of Benton Street, be approved. DEFICIENCIES AND DISCREPANCIES: 1. The length and bearing of the east boundary is not noted in the legal description, except by inferred relation to the "Reference Line." 2. The sanitary sewer line does not show an eastward extension off of the property. 3. A note on the plat should be included stating that the storage shed belonging to the Ground Round will need to be removed from the utility easement prior to any construction on Lot 3. ATTACHMENTS: 1. Location map 2. Preliminary plat 3. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development T/pcd/John Naduve fi les/Saltzrnan $ubd staff report.doc H "~ BENTON ~ PARK x ,..,~ o ~ //, \,,.,/~...--~'~,~ ST B/NT PS 8 ~ ~ /' a ~ F"~---% KIRKWOOl n-'~ ~ n-' / \ , NORTH O0 ' ! WASTEWATER \ Ld ,, % TREATMENT PLANT CC 2 >- I SITE LOCATION: 800 block S. Riverside Drive, east sideSUB01-00011 PRELIMINARY PLAT FILED TO IQWA CITY, IOWA CiLy of Iowa City ~ FINAL PLAT SALTZMAN SUBDIVISION FILED To ,o,,,, ~,,,. ,o,,A "'-"' """"*"~" "": ,°r¢",,Z"~'~:~ c_Z,~l;,,e~"',--,,,,-, ,, ,, ,,,,-, ,,,,,,,, ,-,,-,,, ,,. ,,--,,~,,,,, ~ ~.""~ '~t--~ ~ ~'"~.'~'~ """ .....""'"""'EL-: ""''"'" LEGEND AND NOTES AUG-21-2001 11:47 LEFF HAUPERT TRAW WILLMAN 519 558 6902 P.O~ ~/ ~. ~T. ~W ~ ~IL~, L~.~ AuguSt 21, 2001 Via ~acsimile (356-5008) Mr. Mitchel T. Behr Assistant City Attorney City Attofney's Office 410 East Washington Street Iowa City, Iowa 52240 Re: Salt~m--- Second Subdivision, a Resubdivision of Lots One & TWO Saltzman Subdivision Dear itch: On behalf of Saltzman Enterprises, Ltd. I resDectfully request a deferral or review of the above-referenced subdivision ~or 30 dams to allow the developer to complete and submit all legal documentation necessary for submission of the subdivision for approval. Sincerely, LEFF ;~i~n~WILLMAN, L,L.P. MCD:sw TEITAL P. 02 ~/~,4~ I 08-2t-0t Prepared by: Marilyn Kriz, Parks and Recreation, 220 S. Gilbert, iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 01-270 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE SEATING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project am to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 11th day of September, 2001, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 11th day of September, 2001 or at such later time and place as may be fixed. Passed and approved this 21st day of Auqust ,2001. Approved by CIT~SLEh~ City AttoFne~;'s Office Resolution No, 01-270 Page. 2 It was moved by 0' Donnel 1 and seconded by Wi 1 burn 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: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 01-271 RESOLUTION REJECTING BIDS RECEIVED ON AUGUST 20, 2001 FOR ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT. WHEREAS, bids were received on August 20, 2001 for the Robert A. Lee Recreation Center HVAC Installation and Boiler Replacement Project, and the lowest bid exceeded the Engineer's Estimate by $90,900.00, and WHEREAS, the Department of Public Works recommends that the Council reject all bids. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that all bids received on August 20, 2001 for the Robert A. Lee Recreation Center HVAC Installation and Boiler Replacement Project, are rejected. Passed and approved this 21 ~f day of August ,20 fll · MAYOR Approved by It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X Q'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Kumi Morris, PCD, 410 E. Washington St., Iowa City, IA 52240 ( 9)356-5436 RESOLUTION AWAR AND AUTHORIZI MAYOR TO SIGN AND THE CITY CLERK TO A'I'rEST A/ CONTRACT FOR WHER S, of has submitted the lowest E E, BE IT R HE CITY OF IOWA CITY, IOWA, THA · 1. The contract fo the construction of the Fnan' sd project is hereby awarded to 9ct to the condition that awardee secure adequate and ~nsurance certificates, and contract compliance program statements. 2. The Mayor is hereby sign and the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performance and pay t bond, insurance certificates, and contract compliance program statements. Passed and approved this day of ,20 MAYOR /~ proved by ATTEST: City A~ orney's Office It was moved and seconded by the Resolution be adopted, and roll call there were: NAYS: ABSENT: . n Vanderho"~f Wilburn \ pweng/res/rechvac.doc t( ADVERTISEMENT FOR BIDS CITY OF IOWA CITY ROBERT A. LEE RECREATION CENTER HVAC INSTALLATION AND BOILER REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2 P.M. on the 20TM day of August, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. 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 21st day of August, 2001, or at such later time and place as may be scheduled. The Project will involve the following: Replacing the existing Scotch Marine boilers with new heating units for the entire Recreation Center and replacing the original air handling units with HVAC units in the Gymnasium. All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery, Inc., of Iowa City, 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 o 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 mode 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 (10) 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 two or more bidders may be retained for a period of not to exceed fifteen (15) 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 hundred percent (100%) 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 R-1 of the contract, and shall also guarantee the mainte- nance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Start Date: to be scheduled within a week of award End Date: November 14t~, 2001 Liquidated Damages: $100 per day 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 Shive-Hattery, Inc. Iowa City, Iowa, by bona fide bidders. A $50 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 Shive-Hattery, Inc. 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 Agreement 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 can be obtained from the Iowa Department of Economic Development at (515) 2424721. By virtue of statutory authority, preferonce will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act 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 pweng~res~ect~hvacadbid,doc 7701 R-2 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 01-272 RESOLUTION APPROVING THE EXTERIOR SIGNAGE AND FACADE TO BUFFALO WILD WINGS IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicant, Mike Woods from Intertech Design Services, has flied an application for the design approval of the exterior signage and facade of Buffalo Wild Wings in the Old Capitol Town Center, hereinaffer "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcol 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 a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage and facade of Buffalo Wild Wings in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable cedes and ordinances. Passed and approved this 21st day of August ,2001. Resolution No. 01-272 Page 2 It was moved by Pfab and seconded by 0'Donne'l ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion T Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn City of Iowa City MEMORANDUM Date: July 27th 2001 To: Design Review Committee/City Clerk/Building Inspections Cc: Doug Paquay, Construction Project Manager Buffalo Wild Wings Grill & Bar 600 S. Highway 169, Suite 1919 Minneapolis, MN 55426 Mike Woods, Project Manager Intertech Design Services, Inc. 9900 Carver Road, Suite 101 Cincinnati, Ohio 45242 From: Kumi Morris Staff Chair of Design Review Committee Re: FaCade for the "Buffalo Wild Wings" at the Old Capitol Town Center 201 S. Clinton St, Iowa City, IA 52240 Mike Woods, from Intertech Design Services, Inc. has submitted a Design Review application for the fa~;ade for the "Buffalo Wild Wings." The "Buffalo Wild Wings" is to be located at the Old Capitol Town Center at 201 S, Clinton St, The City of Iowa City ordinance requires that new facades within the Urban Renewal Parcel be subject to the design review process of the Design Review Ordinance. After reviewing the submitted design fac~ade design, the Design Review Committee has determined that the design of the facade is congruent with the character of the building and is appropriately placed according to the ordinance. Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 01-273 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY DELETING ONE HALF-TIME MAINTENANCE WORKER II - PUBLIC HOUSING POSITION AND ADDING ONE HALF-TIME HOUSING ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING THE POSITION OF MAINTENANCE WORKER II - PUBLIC HOUSING. WHEREAS, Resolution No. 01-54, adopted by the City Council on March 5, 2001, authorized permanent positions in the Housing Authority Division of the Housing and inspection Services Department for FY02; and WHEREAS, Resolution No. 01-189, adopted by the City Council on June 26, 2001, established a classification/compensation plan for AFSCME employees; and WHEREAS, maintenance is now contracted and there is an increase of staff responsibility of scheduling inspections; and WHEREAS, the Housing Authority will benefit from deleting the Maintenance Worker II - Public Housing position and adding one halFtime Housing Assistant position to improve service to the public; 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 Division of the Housing and Inspection Services Department be amended by deleting the half-time position of Maintenance Worker II - Public Housing and adding one half-time Housing Assistant position. 2. The AFSCME pay plan be amended by deleting the position of Maintenance Worker II - Public Housing. Passed and approved this 2:].st day of Auqust ,20 01 A roved b~- Humanrel\ree\mwiiieha.~oe Resolution No. 01-273 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 × O'Donnell X Pfab X Vanderhoef X Wilbum City of Iowa City MEMORANDUM DATE: August 21,200 FROM: t n ~pection Services RE: Council agenda item conccning budget ns in the Housing Authority The resolution before the City Council does not increase the total number of budgeted positions in the Housing Authority, It replaces (reclassifies) one half-time Maintenance Worker II with one half-time Housing Assistant position. This request is made after careful consideration of how best to sere our clients in the areas of public housing maintenance and office se~ices. Last year, the promotion of the Maintenance Worker II employee to Housing Inspector provided the oppodunity for the Housing Authority to determine whether or not public housing maintenance could be improved through a contract with a maintenance company. Since October, 2000, the Housing Authority has used an on-call maintenance company, and the results are very positive. Outsourcing of public housing maintenance has reduced turn- around time to prepare vacant units for new occupancy; improved response time to tenant maintenance requests; reduced labor costs (approximately $20,000); and improved tenant perception about quality of service. Based on these results, the staff of the Housing Authority would not recommend filling the one half-time Maintenance Worker II position. The other area of service evaluated by the Housing Authority staff was in office services (e.g., responding to client over-the-counter requests). Since the Housing Authority moved to the Civic Center, its visibility and accessibility to clients have greatly improved, and so have the number of clients choosing to "walk in" to request service. This past year, part-time temporary help was employed to address this increase in walk-in traffic. The use of temporary help allowed the Housing Authority time to assess whether or not the increased numbers of clients walking in would abate over time. The increase in "walk in" traffic has not abated. A permanent pad-time Housing Assistant position would improve the quality of office services the Housing Authority can offer while reducing the need to hire temporary employees. Thank you for consideration of this matter. hisadm/mem/hsingauth.doc Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356- __ RESOLUTION NO. 01-274 RESOLUTION DECLARING THAT CERTAIN FUNDRAISING ACTIVITIES BY CITY OF IOWA CITY EMPLOYEES SERVE A PUBLIC PURPOSE. WHEREAS, the contributions made by certain charitable organizations can serve to enhance the general welfare of all citizens; and WHEREAS, public employees can sometimes effectively assist in fundraising efforts by such charitable organizations; and WHEREAS, City of Iowa City employees have historically been both interested and involved in fundraising activities for charitable organizations; and WHEREAS, identity of the participants as City of Iowa City employees or members of an employee organization, along with the occasional use of City uniforms and equipment, can serve to further enhance such fundraising efforts and thereby serve a public purpose; and WHEREAS, such uses of City uniforms and/or equipment are appropriate uses of public funds when meeting certain criteria. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Fundraising efforts or events which meet the following criteria are declared to serve a public purpose and are therefore determined to be appropriate uses of public funds. a. All net proceeds from the fundraising activities are donated to a not-for-profit, charitable organization or are raised in conjunction with such an organization, and b. The proceeds must be utilized so as to provide a public health/welfare benefit as determined by the City Manager or designee, and c. Participating City employees or employee organizations receive no personal or organizational gain or benefit as a result of their fundraising activities. 2. Be it further resolved that when any such proposed fundraising activity is found by the City Manager or designee to be in compliance with these criteria, and when participating City employees or their representative organization have provided signed verification that a fundraising activity satisfies the above criteria, the City Manager is authorized to approve the fundraising activity as specifically proposed. Passed and approved this 23.st day of August ,20 03. C City Attomey's Office Resolution No. 01-274 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman x O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356- __ RESOLUTION NO. · RESOLUTION DECLARING THAT CERTAIN FUNDRAISING ACTIVITIES BY CITY OF IOWA CITY EMPLOYEES SERVE A PUBLIC PURPOSE. Hg~eHleREAS, the contributions made by certain charitable organizations the ral welfare of all citizens; and public employees can sometimes effectively assist in fun< efforts by such organizations; and WHEREAS of Iowa City employees have historically been interested and involved in fundraising charitable organizations; and WHEREAS, the participants as City of Iowa employees or members of an employee org~ with the occasional use of Cil and equipment, can serve to further enhance such efforts and thereby ser public purpose; and WHEREAS, such uses of uniforms and/or equipr are appropriate uses of public funds when meeting certain criteria. NOW, THEREFORE, BE IT RE', BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Fundraising following criteria are declared to serve a public purpose and are therefore determined .~ appropriate uses of public funds. a. All proceeds from the are donated to a not-for-profit, charitable organization or such an organization, and b. The proceeds must be so as to pr ~/ide a public health/welfare benefit as determined by the City ME r d( ;ignee, and c. Participating City em c or employee organ ations receive no personal or organizational gain ~r~enc a result of their fundraisi activities· 2. Be it further res?lved ~at wh?n any ~uch proposed fundr~is!ng ctivity is foun~l .by !he C!ty fundraising the above criteria, the City Manager is authofiz,ed to approve the fundraising ~y proposed. Passed and appr this day of ,20__ ATTEST: MAYOR City~Z~7~~ CITY CLERK '