Loading...
HomeMy WebLinkAbout2002-04-02 Resolution Prepared by: Ross Spitz, Civil Engineer 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 02-110 RESOLUTION SE'I-rING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET, 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 16th day of April, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, 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 2nd day of Apri! ,20 02 Approved by CITY CLERK City ~ttorney~ Office It was moved by Champion and seconded by 0'Donne1 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman T O'Donnell × Pfab X Vanderhoef X Wilburn pwengYes/~ rstave doc Prepared by: Ross Spitz, Civil Engineer 410 E. Washington St., Iowa City, IA 52240, (319 RESOLUTION NO. RESOLUTION SETFING A PUBLIC HEARING ON FORM OF CONTRACT, AND ESTIMATE OF COST FOI CONSTRUCTION OF THE FIRST AVENUE CORRIDOR PROJECT - ROCHESTER AVENUE TO D STREET, DIRECTIN(~ CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTIN CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC IN~ BE IT RESOLVED BY THE COUNCIL OF IOWA: 1. That a public hearing on'.,the plans, form of contract, and estimate of cost for the construction of the'a project is to be held on the 2nd day of April, 2002, at 7:00 p.m. in the Erda Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the nc~. of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby and directed to publish notice of the public hearing for the above-named new~aper published at least once weekly and having a general circulation in not less t~.n four (4) nor more than twenty (20) days before said hearing. F1/aan 3. That the copy of the s, specifications, f'~m of contract, and estimate of cost for the construction of the )(bove-named project is I~tereby ordered placed on file by the City Engineer in the offi of the City Clerk for public ihspection. Passed and approved tb(s~ day of '".,, ,20__ / ,? App CI,~/CLERK ' Ci:[y/~tic~rney's~?ffice~,,. It was moved by __ and seconded by ~the Resolution be adopted, a/hd upon roll call there were: ' ! AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum City of Iowa City MEMORANDUM Date: March 22, 2002 To: City Council and City Manager ,~-~-~o~___,~4 ~ ~/7~ From: David Schoon, Economic Development Coordinat Re: BDI Industrial Park Area Urban Renewal Plans As directed by the City Council, staff has prepared three urban renewal plans for the older industrial area in southeast Iowa City: the Heinz Road Urban Renewal Plan; the Industrial Park Urban Renewal Plan; and the Lower Muscatine Road & Highway 6 Urban Renewal Plan. Presented for Council action are resolutions setting dates for a consultation and a public hearing on each of the proposed urban renewal plans. This is the first step in establishing the ability to use tax increment financing in each of the districts (attached is a proposed time schedule and steps for establishing a tax increment financing district). At its March 21, 2002, meeting, the Council Economic Development Committee, by a vote of 3-0, recommended that the City Council adopt the three urban renewal plans. Each of the urban renewal pians before the Council would establish the ability to use tax increment financing for any qualifying projects in the urban renewal area. The Plan states that the City Council shall determine qualifying businesses based upon the City's economic development financial assistance guidelines. In each of the areas tax increment financing could be used for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. The format and content of each of the three plans are similar to the Scott-Six Industrial Park Urban Renewal Plan. In fact, much of the content of these three plans is similar to each other. The City's stated objectives for each urban renewal area are outlined in each of the plans. Each urban renewal plan also explains why it is in the City's interest to establish each urban renewal area. Prior to the City Council holding a public hearing on each of the urban renewal plans, the Planning and Zoning Commission must provide its recommendation regarding the conformity of each of the urban renewal plans with the Iowa City Comprehensive Plan - 1997. In addition, a consultation must be held with the county, school district, and community college, in order to provide these taxing entities with the opportunity to comment on the use of the incremental tax revenues in each of the urban renewal areas. After the public hearing, the City Council will consider adoption of the urban renewal plan and the TIF ordinance. The TIF ordinance establishes the mechanics of separating the incremental tax revenues from the base tax revenues. I will be present at your April 1, 2002, work session to discuss any questions you may have. Cc: R. Mark Cory Time Schedule* BDI Areas Urban Renewal Plans & Tax Increment Financin,q Ordinances Meetin,cI Date Action Tuesday · City Council considers resolution of necessity and resolution setting a public hearing April 2 on the urban renewal plan for May 7 Thursday · Prior to public hearing on plan, the Planning and Zoning Commission reviews and April 4 & 18 submits a written recommendation to City Council regarding the urban renewal plan (Commission has thirty days in which to make its recommendation). · Consultation with affected taxing bodies regarding the urban renewal plans (community college, county, and school district). Wed, April 3 · Mail out consultation notice to affected taxing bodies. Monday · Prior to public hearing on plan, a City representative holds consultation with affected April 15 taxing bodies. Monday, · Affected taxing bodies may make written recommendations for modification to the April 22 proposed division of revenue no later than seven days following the date of the consultation. Tuesday, · The City shall, no later than seven days prior to the public hearing on the urban April 30 renewal plan, submit a written response to the affected taxing entity addressing the recommendations for modification to the proposed division of revenue. Tuesday · City Council holds a public hearing on the urban renewal plans. May 7 Tuesday · City Council adopts resolutions approving urban renewal plans. May 21 · City Council gives first consideration of TIF ordinances. Tuesday · City Council gives second consideration of TIF ordinances. June 11 Tuesday · City Council passes and adopts TIF ordinances. July 2 *Assumes schedule follows regular council meeting dates; city council could hold special council meetings and could combine and wave readings to expedite the process. \\citynt\dschoon$\FILES\TIFABAT~BDl\Council Memo April 2.DOC April 2, 2002 The City Council of Iowa City, Iowa, met in req(~larsession, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7: 00 o'clock P__.M., on the above date. There were present Mayor ' Lehman , in the Chair, and the following named Council Members: Champion~ Kanner~ Lehma% O'Donnell~ Pfab, Vanderhnef, Wilhelm Absent: None -l- Council Member Vanderhoef then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED LOWER MUSCATINE ROAD"& HIGHWAY 6 URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY", and moved that the same be adopted. Council Member Champion seconded the motion to adopt. The roll was called and the vote was, Ax[ES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion NAYS: Kanner Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 02-115 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED LOWER MUSCATINE ROAD & HIGHWAY 6 URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the Cit7 and the rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEP,~EAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and -2- WHEREAS, this proposed Urban Renewal Area includes and consists of: An area consisting of the following tracts of land in Johnson County, Iowa: TRACT ONE Lot l, Ohl's Subdivision. TRACT TWO All that part of the South Half(S~) of the Southwest Quarter (SW~A) of Section 13, Township 79 North Range 6 of the 5th P.M. lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT THREE All that part of the West Half (W½) of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5th P. M., lying north of U.S. Highway 6, excepting therefrom portions of the tract noted below. TRACT FOUR All that part of the Northeast Quarter (NE¼) of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5th P.M., lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT FIVE THE SW-LY 60 FEET OF THE FOLLOWING DESCRIBED REAL ESTATE: COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89°48'20'' WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE -3- POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62o25'00'' WEST 589.32 FEET, THENCE SOUTH 1°36'50'' WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41 '04" WEST 12.25 FEET, THENCE SOUTH 51°18'20'' EAST 700.00 FEET TO THE POINT OF BEGINNING. Exceptions And excepting therefrom the above Tracts 2, 3, and 4 the following tracts of land: A tract of land beginning at the concrete monument which marks the comer common to Sections 13, 14, 23, 24, Township 79 North, Range 6 West of the 5th P.M. thence due north 144.24 feet along the east line of Lot 20hls Subdivision, Iowa City, Johnson County, Iowa; thence North 89058'40'' east, 176.0 feet; thence South 27053'40'' West, 375.31 feet; thence North 00005'40'' West, 136.38 feet; thence North 00005'20'' West, 51.05 feet along the east line of Lot 2, Ohls Subdivision to the point of beginning, excepting therefrom the following tract: Beginning at the concrete monument which marks the corner common to Sections 13, 14, 23 and 24, Township 79 North, Range 6 West of the 5th P. M., thence South 10 feet along the east line of Lot 2, Ohl's Subdivision, Iowa City, Johnson County, Iowa, to the place of beginning; thence, continui.~g in a southerly direction, along the Section line, South 005'20'' East 177.43 feet to a point; thence North 27053'40" East 160 feet; thence North 64000'00'' West 85 feet more or less to the point of beginning. -4- A tract of land commencing at the center of Section 24, Township 79 North, Range 6 West of the 5th P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minuIes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north 1 degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. A tract of land COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89°48'20" WEST 505.10 FEET, THENCE NORTH 0°I 1 '40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62025'00" WEST 589.32 FEET, THENCE SOUTH 1°36'50" WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 F~ET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41 '04" WEST 12.25 FEET, THENCE SOUTH 51018'20" EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE -5- TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°18'20" E 700.00 FEET," Together with'all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. A tract of land containing 20.2 acres and located on the NW ¼ of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW ¼ of said Section 24, thence on an assumed beating due South 1309.94 feet to the point of beginning; thence North 38°41'40" East 414.37 feet; thence South 51°18'20" East 700.00 feet; thence South 38°41 '40" West 1300.21 feet to the northerly fight-of-way of U.S. Highway #6; thence North 5 l°20'00'' West, along said right-of-way line 164.26 feet; thence North 27o26'00" West, along said fight-of-way line 125.34 feet; thence North 52o29'40" West, along said fight-of-way line 21.12 feet; thence North 51°18'20" West, along said fight-of-way line 400 feet; thence North 38°41 '40" East 835.63 feet to the point of beginning. This area is more commonly referred to as the Procter and Gamble site and Goodwill Industries site. WHEREAS, the Iowa statutes require the City Council to submit the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Lower Muscatine Road & Highway 6 Urban Renew.~! Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written -6- recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit writt¢~ responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 15th day of April, 2002, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:00 o'clock A.M., and David Schoon, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(IA), along with a copy of the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan, said notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED LOWER MUSCA~TINE ROAD & HIGHWAY 6 URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1 A) of the Code of Iowa, as amended, commencing at I0:00 o'clock A.M. on April 15, 2002, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision o£ services by each o£ the affected taxing entities in the proposed Urban Renewal Area, and the duration o£any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days £ollowing the date of the consultation. David Schoon, Economic Development Coordinator, as the designated representative of the City o£ Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public heating on the proposed Lower Muscatine goad & Highway 6 Urban Renewal Plan, addressing any recommendations made by that entity £or modification to the proposed division o£ revenue. This notice is given by order of the City Council o£ the City o£ Iowa City, Iowa, as provided by Section 403.5 of the Code o£ Iowa, as amended. Dated this 3~'d day o£ ^pti 1 ,2002. City 'Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public heating shall be held on the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan before the City Council at its meeting which commences at 7: 00 o'clock __P.M. on May 7, 2002, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. "' Section 4. That the City Clerk is authorized and directed to publish notice of this public heating in the "Press-Citizen", once on a date not less than four (4) nor more than twenty (20) days before the date of said public heating, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: -9- NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED LOWER MUSCAT1NE ROAD & HIGHWAY 6 URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA 1N THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on May 7, 2002 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: An area consisting of the following tracts of land in Johnson County, Iowa: TRACT ONE Lot 1, Ohl's Subdivision. TRACT TWO Ail that part of the South Half(S½) of the Southwest Quarter (SW'A) of Section 13, Township 79 North Range 6 of the 5th P.M. lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT THREE All that part of the West Half(W½) of the Northwest Quarter (NW'A) of Section 24, Township 79 North, Range 6 West of the 5th P. M., lying north of U.S. Highway 6, excepting therefrom portions of the tract noted below. TRACT FOUR All that part of the Northeast Quarter (NE¼) of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5th P.M., lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT FIVE THE SW-LY 60 FEET OF THE FOLLOWING DESCRIBED REAL ESTATE: ' COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89048'20" WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, TffENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTI4WESTERLY, TIIENCE N()RTII 0°11'40" WESI 628.40 FEET, THENCE NORTH 62o25'00'' WEST 589.32 FEET, THENCE SOUTH I°36'50'' WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41 '04" WEST 12.25 FEET, THENCE SOUTH 51o18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING. Exceptions And excepting therefrom the above Tracts 2, 3, and 4 the following tracts of land: A tract of land beginning at the concrete monument which marks the comer common to Sections 13, 14, 23, 24, Township 79 North, Range 6 West of the 5t~ P.M. thence due north 144.24 feet along the east line of Lot 20hls Subdivision, Iowa City, Johnson County, Iowa; thence North 89o58'40" east, 176.0 feet; thence South 27°53'40" West, 375.31 feet; thence North 00°05'40" West, 136.38 feet; thence North 00°05'20'' West, 51.05 feet along the east line of Lot 2, Ohls Subdivision to the point of beginning, excepting therefrom the following tract: Beginning at the concrete monument which marks the comer common to Sections 13, 14, 23 and 24, Township 79 North, Range 6 West of the 5th P. M., thence South I0 feet along the east line of Lot 2, Ohl's Subdivision, Iowa City, Johnson County, Iowa, to the place of beginning; thence, continuing in a southerly direction, along the Section line, South 0°5'20'' East 177.43 feet to a point; thence North 27°53'40'' East 160 feet; thence North 64°00'00" West 85 feet more or less to the point of beginning. A tract of land commencing at the center of Section 24, Township 79 North, Range 6 West of the 5th P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees l 1 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north I degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75'feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. A tract of land COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89°48'20'' WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62o25'00TM WEST 589.32 FEET, THENCE SOUTH 1°36'50TM WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41 '04" WEST 12.25 FEET, THENCE SOUTH 51°18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S5 l°18'20" E 700.00 FEET," Together with all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. A tract of land containing 20.2 acres and located on the NW ~A of Section 24, Township 79 North, Range 6 West offhe 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW 'A of said Section 24, thence on an assumed bearing due South 1309.94 feet to the point of beginning; thence North 38°41'40" East 414.37 feet; thence South 51°I 8'20" East 700.00 feet; thence South 38°41 '40" West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 51°20'00" West, along said right-of-way line 164.26 feet; thence North 27°26'00'' West, along said right-of-way line 125.34 feet; thence North 52°29'40" West, along said right-of-way line 21.12 feet; thence North 51 o 18'20" West, along said right-of-way line 400 feet; thence North 38°41 '40~' East 835.63 feet to the point of beginning. This area is more commonly referred to as the Procter and Gamble site and Goodwill Industries site. which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this 30th day of Aprit, 2002. s/Marian K. Karr, City Clerk City Clerk, Iowa City, Iowa (End of Notice) Section 5. That the proposed Lower Muscatine Road & Highway 6 Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Lower Muscafine Road & Highway 6 Urban Renewal Plan referred to-in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Lower Museatine Road & Highway 6 Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within thirty (30) days of the date hereof. PASSED AND APPROVED this 2na day of April, 2002. Mayor ATTEST: DL1LLEBO~316795\l\10714.072 -15- EXHIBIT "A" Lower Muscatine Road & Hit~hway 6 Urban Renewal Plan 2002 Table of Contents Section 1 - Introduction · Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions Section 5 - Land Use Section 6 - Relocation of Families Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Description Addendum No. 2 - Lower Muscatine Road & Highway 6 Urban Renewal Project Area Map Lower Muscatine Road & Highway 6 Urban Renewal Area Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well-being vision. The goals outlined in the Comprehensive Plan are: · Diversify and increase the property tax base by (1} encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; · Increase employment opportunities consistent with the available labor force; · Provide and protect areas suitable for future industrial and commercial development; · Cooperate with local and regional organizations to promote economic development within Iowa City; · Improve the environmental and economic health of the community through the efficient use of resources; and · Consider financial incentives and programs to facilitate achieving the above goals. Over the years the Lower Muscatine Road & Highway 6 Urban Renewal Area has provided a suitable area for industrial development, which has both increased employment opportunities consistent with the available workforce and which has diversified and increased the property tax base of the community. The community's economic well-being has been improved through the economic activities that have taken place in the Urban Renewal Area. The opportunity is present for an kxisting business to expand on its existing lot. The Lower Muscatine Road & Highway 6 Urban Renewal Area provides a place in which the City can achieve its economic well-being goa'ls. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 2001 Code of Iowa, as amended. Urban Renewal Plan Objectives 2 The overall goal of the Heinz Road Urban Renewal Plan is to formulate and execute a workable program using public and private resources to further develop the Urban Renewal Project Ai-~a for industrial development. The following objectives have been established for the proposed Urban Renewal Project Area: · To encourage and support development that will maintain and expand the taxable values of property within the Urban Renewal Project Area. · To encourage the expansion of existing businesses and redevelopment of existing sites. · To encourage employers who will provide employment opportunities consistent with the available workforce. · To make public and private infrastructure and site improvements as deemed necessary by the City to support new and expanded industrial development; · To provide financial incentives and assistance to qualifying businesses, as necessary. Deseriptlon of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. The location and general boundaries of the Heinz Road Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Heinz Road Urban Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site improvements, public infrastructure improvements, and financial incentives to encourage industrial development. Private Site Improvements Private site improvements may include, but are not limited 'to, demolition of existing buildings and site preparation, design and construction of buildings, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements Public Infrastructure Improvements Public infrastructure improvements mi/y include, but are not limited to, stormwater management facilities, public streets and sidewalks, sanitary sewers, and storm sewers. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. Financial Incentives Tax increment financing shall be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in the uses allowed in the General Industrial (I-1) Zone. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendum A of the '~Economic Development Policies, Strategies, and Actions for the City of Iowa Cit~'. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for industrial development, which is consistent with this Urban Renewal Plan. Current Zoning The Project Area is presently zoned l-l, General Industrial Zone which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Project Area is presently used for industrial purposes. The proposed land uses include industrial purposes, which are consistent with the current zoning. Relocation of Families Given that the Urban Renewal Area does not contain w~thin its boundai-ics a~y residential housing units, there is no need to relocate any families. Current Debt and Proposed Indebtedness List of Current General Obligation Debt ... General Obligation Debt by Issue 6-30-01 Issue Original Final Principal Date Amount Interest Rates Maturity Outstanding Notes 1991 $2,340,000 5.4%-5.6% 6/02 $225 000 (1) 1992 4,870,000 4.45%-5.50% 6/02 490 000 (2) 1992 3,450,000 4.75%~5.20% 6/07 1,680 000 (3) 1994 7,370,000 4.6%-4.7% 6/04 2,175 000 (4) 1995 8,500,000 4.8%~5.125% 6/07 4,240 000 (5) 1996 6,100,000 3.6%-5.5% 6/15 5,000 000 (6) 1997 5,200,000 4.5%-4.7% 6/07 3,100 000 1997 5,540,000 4.875%-5.0% 6/17 4,700 000 (7) 1998 8,500,000 4.35%-4.75% 6/13 6,775 000 1999 9,000,000 4.125-4.75% 6/18 8,075,000 2000 14,310,000 4.375-5.50% 6/18 13,605,000 2001 11,500,000 4.00-4.90% 6/16 11,500,000 Total $61.565.000 (1} 9.40% abated by sewer revenues. (2} 8.68% abated by special assessment revenue. 10.73% abated by water revenue. (3) 100% abated by parking revenue. (4) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (5) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (6) 72.89% abated by water revenues. (7) 100% abated by water revenues. Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Art/cie XI, Section 3, provides as follows: ~ndebtedne$$ of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding .five per centum on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness., Debt Limit Computation As March 8, 2002 Total Assessed Actual Valuation $2,904,556,668 Legal Debt Limit of 5% of 2001 Assessed Actual Value $145,227,833 Debt Chargeable Against Limit $61,565,000 Legal Debt Limit Available $83,662,833 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Given the uncertainty of the needs of future business development projects within the Urban Renewal Area, the proposed amount of indebtedness is difficult to determine at this time. The proposed amount of indebtedness to be incurred under this Urban Renewal Plan, including loans, advances, indebtedness, or bonds which qualify, could equal approximately $2.0 million over the 20 year period of the Urban Renewal Plan's Tax Increment Financing District. 6 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 2002 Code of Iov~, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *} are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. * A Resolution of Necessity was adopted by the City Council on , 2002. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of industrial park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. * A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa 2002), was adopted by the City Council on , 2002 Provision: A general plan for the development of the mumcipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1989 Update on July 11, 1989. Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s} to the City Council as to the conformity of this Urban Renewal Plan with the Iowa Cite Comprehensive Plan- 1989 _Update. * The Planning and Zoning Commission recommendation was forwarded to the City Council on ., 2002 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on ,2002. The notice was mailed by regular mail on ,2002. Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were (were not) received from the affected taxing districts by , 2002, which was seven days following the date of the consultation. * On ., 2002, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal '~lan document pursuant to state law was held on , 2002. The public notice was published _ _, 2002, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a} A feasible method exists for relocating families. 8 (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan 1989 U~date. ': * The plan includes a feasible method for relocating families. On , 2002, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1989 Update, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. Addendum No. 1 Legal Description of the Proposed Urban Ren.ewal Project Area An area consistin§ of the followin§ tracts of land in Johnson County, Iowa: TRACT ONE Lot 1, Ohl's Subdivision. TRACT TWO All that part of the South Half (Si/2) of the Southwest Quarter (SW¼) of Section 13, Township 79 North Ran§e 6 of the 5th P.M. lying south of the Heartland Rail Corp. (Iowa Interstate Railroad) Right-of-Way, excepting therefrom portions of the tract noted below. TRACT THREE All that part of the West Half (WV2} of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5th P. M., lying north of U.S. Highway 6, excepting therefrom portions of the tract noted below. TRACT FOUR All that part of the Northeast Quarter (NEI/4) of the Northwest Quarter (NW¼) of Section 24, Township 79 North, Range 6 West of the 5~h P.M., lying south of the Heartland Rail Corp. (Iowa Interstate Railroad} Right-of-Way, excepting therefrom portions of the tract noted below. TRACT FIVE THE SW-LY 60 FEET OF THE FOLLOWING DESCRIBED REAL ESTATE: COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89048'20" 'WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62°25'00'' WEST 589.32 FEET, THENCE SOUTH 1°36'50,, WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH l0 38o41'04" WEST 12.25 FEET, THENCE SOUTH 51o18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING. Exceptions And excepting therefrom the above Tracts 2, 3, and 4 the following tracts of land: A tract of land beginning at the concrete monument which marks the corner common to Sections 13, 14, 23, 24, Township 79 North, Range 6 West of the 5m P.M. thence due north 144.24 feet along the east line of Lot 20hls Subdivision, Iowa City, Johnson County, Iowa; thence North 89°58'40'' east, 176.0 feet; thence South 27053'40', West, 375.31 feet; thence North 00°05'40' West, 136.38 feet; thence North 00°05'20,, West, 51.05 feet along the east line of Lot 2, Ohls Subdivision to the point of beginning, excepting therefrom the following tract: Beginning at the concrete monument which marks the corner common to Sections 13, 14, 23 and 24, Township 79 North, Range 6 West of the 5m P. M., thence South 10 feet along the east line of Lot 2, Ohl's Subdivision, Iowa City, Johnson County, Iowa, to the place of beginning; thence, continuing in a southerly direction, along the Section line, South 0o5'20,' East 177.43 feet to a point; thence North 27°53'40" East 160 feet; thence North 64°00'00,, West 85 feet more or less to the point of beginning. A tract of land commencing at the center of Section 24, Township 79 North, Range 6 West of the 5m P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north 1 degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. A tract of land COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89°48'20" WEST 505.10 FEET, THENCE NORTH 0°11'40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID'" POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11'40" WEST 628.40 FEET, THENCE NORTH 62°25'00' WEST 589.32 FEET, THENCE SOUTH 1°36'50,, WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38041'04" WEST 12.25 FEET, THENCE SOUTH 51°18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°18'20'' E 700.00 FEET," Together with all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. A tract of land containing 20.2 acres and located on the NW 1/4 of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW 1/4 of said Section 24, thence on an assumed bearing due South 1309.94 feet to the point of beginning; thence North 38°41'40" East 414.37 feet; thence South 51°18'20" East 700.00 feet; thence South 38°41'40" West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 51°20'00'' West, along said right- of-way line 164.26 feet; thence North 27026'00" West, along said right-of-way line 125.34 feet; thence North 52o29'40" West, along said right-of-way line 21.12 feet; thence North 51°18'20'' West, along said right-of-way line 400 feet; thence North 38°41 '40" East 835.63 feet to the point of beginning. This area is more commonly referred to as the Procter and Gamble site and Goodwill Industries site. 12 ~dden du~ ~ ~ OPOH S RFBH Lower Muscatine Road & Highway 6 Urban Renewal Area City of Iowa City MEMORANDUM Date: Mamh 22, 2002 -: TO: City Council and City Manager o..-------"o~" ~ ~./7~. From: David Schoon, Economic Development Coordinat Re: BDI Industrial Park Area Urban Renewal Plans As directed by the City Council, staff has prepared three urban renewal plans for the older industrial area in southeast Iowa City: the Heinz Road Urban Renewal Plan; the Industrial Park Urban Renewal Plan; and the Lower Muscatine Road & Highway 6 Urban Renewal Plan. Presented for Council action are resolutions setting dates for a consultation and a public hearing on each of the proposed urban renewal plans. This is the first step in establishing the ability to use tax increment financing in each of the districts (attached is a proposed time schedule and steps for establishing a tax increment financing district). At its March 21, 2002, meeting, the Council Economic Development Committee, by a vote of 3-0, recommended that the City Council adopt the three urban renewal plans. Each of the urban renewal plans before the Council would establish the ability to use tax increment financing for any qualifying projects in the urban renewal area. The Plan states that the City Council shall determine qualifying businesses based upon the City's economic development financial assistance guidelines. In each of the areas tax increment financin9 could be used for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. The format and content of each of the three plans are similar to the Scott-Six Industrial Park Urban Renewal Plan. In fact, much of the content of these three plans is similar to each other. The City's stated objectives for each urban renewal area are outlined in each of the plans. Each urban renewal plan also explains why it is in the City's interest to establish each urban renewal area. Prior to the City Council holding a public hearing on each of the urban renewal plans, the Planning and Zoning Commission must provide its recommendation regarding the conformity of each of the urban renewal plans with the Iowa City Comprehensive Plan - 1997. In addition, a consultation must be held with the county, school district, and community college, in order to provide these taxing entities with the opportunity to comment on the use of the incremental tax revenues in each of the urban renewal areas. After the public hearing, the Ci,ty Council will consider adoption of the urban renewal plan and the TIF ordinance. The TIF ordinance establishes the mechanics of separating the incremental tax revenues from the base tax revenues. I will be present at your April 1, 2002, work session to discuss any questions you may have Cc: R Mark Cory Time Schedule* BDI Areas Urban Renewal Plans & Tax Increment Financinq Ordinances Meetin,q Date Action Tuesday I · City Council considers resolutid~ of necessity and resolution setting a public hearing April 2 on the urban renewal plan for May 7 Thursday · Prior to public headng on plan, the Planning and Zoning Commission reviews and April 4 & 18 submits a written recommendation to City Council regarding the urban renewal plan (Commission has thirty days in which to make its recommendation). · Consultation with affected taxing bodies regarding the urban renewal plans (community college, county, and school district). Wed, Apdl 3 · Mail out consultation notice to affected taxing bodies. Monday Prior to public hearing on plan, a City representative holds consultation with affected April 15 taxing bodies. Monday, · Affected taxing bodies may make written recommendations for modification to the April 22 proposed division of revenue no later than seven days following the date of the consultation. Tuesday, The City shall, no later than seven days prior to the public hearing on the urban April 30 renewal plan, submit a written response to the affected taxing entity addressing the recommendations for modification to the proposed division of revenue. Tuesday · City Council holds a public hearing on the urban renewal plans. May 7 Tuesday ° City Council adopts resolutions approving urban renewal plans. May 21 · City Council gives first consideration of TIF ordinances. Tuesday · City Council gives second consideration of TIF ordinances. June 11 Tuesday · City Council passes and adopts TIF ordinances. July 2 *Assumes schedule follows regular council meeting dates; city council could hold special council meetings and could combine and wave readings to expedite the process. \\cdynt\dschoon$\FILES\TIFASATXBDl\Council Memo April 2 DOC April 2, 2002 The City Council of Iowa City, Iowa, met in regul ar session, in the Ermna J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7: 00 o'clock P.M., on the above date. There were present Mayor ' Lehman , in the chair, and the following named Council Members: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Absent: None -1- Council Member Vanderhoef then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY", and moved that the same be adopted. Council Member Champion seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman. O'Donn~ll: Pfah: Vandorhnof, W~lh~lrn. Champion NAYS: Kanner Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 02-116 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City and the rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Industrial Park Road Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and -2- WHEREAS, this proposed Urban Renewal Area includes and consists off An area consisting of the following tracts of land: Tract A A tract of land in the West 1/2 of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, more particularly described as follows: Beginning at a point which is the intersection of the Northerly right of way of U.S. Highway 6 and the Easterly right of way of Industrial Park Road, Iowa City, Iowa (said point being more particularly located as follows: commencing at the center of said Section 24; thence South 88 degrees 40 minutes 00 seconds West 341.17 feet; thence South 0 degrees 50 minutes 00 seconds East 630.18 feet to the Northerly right of way line of said U.S. Highway 6; thence North 51 degrees 30 minutes 40 seconds West along said right of way 983.79 feet; thence continuing along said right of way North 39 degrees 28 minutes 00 seconds West 92.22 feet; thence continuing along said right of way North 51 degrees 20 minutes 00 seconds West 126.41 feet to said point of beginning); thence North 38 degrees 41 minutes 40 seconds East along the Easterly right of way of said Industrial Park Road 1000 feet to an iron pin; thence South 51 degrees 18 minutes 20 seconds East 650.00 feet to an iron pin; thence South 38 degrees 41 minutes 40 seconds West 1017.30 feet to an iron pin on the Northerly right of way of said U.S. Highway 6; thence North 51 degrees 30 minutes 40 seconds West 433.34 feet along said Northerly right of way to a right of way rail; thence North 39 degrees 28 minutes 00 seconds West 92.22 feet along said Northerly right of way to a right of way rail; thence North 51 degr. ees 20 minutes 00 seconds West 126.41 feet to the point of beginning, in Johnson County, Iowa. BEING, the same property conveyed to James River Paper Company, Inc., a Virginia corporation, by Deed from the City of Iowa City, Iowa, a municipal corporation, dated -3- April 17, 1990, recorded July 17, 1990, Johnson County, Iowa Land Records in Book 1148, page 115. Tract B Lots, 1, 2, 3, 4, & 5 of Auditor's Plat No. 32 Tract C Commencing at the center of Section 24, Township 79 North, Range 6 West of the 5t~ P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north 1 degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feetalong a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. Tract D COMMENCING AT THE CENTER OF SECTION 24, ~. TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89o48'20" WEST 505.10 FEET, THENCE NORTH 0°11 '40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE -4- NORTHWESTERLY, THENCE NORTH 0°11 '40" WEST 628.40 FEET, THENCE NORTH 62o25'00'' WEST 589,32 FEET, THENCE SOUTH l°36'50'' WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41'04" WEST 12.25 FEET, THENCE SOUTH 51o18'20'' EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF ~ ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°18'20'' E 700.00 FEET," Together with all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. Tract E A tract of land containing 20.2 acres and locate on the NW ¼ of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW ¼ of said Section 24, thence on an assumed bearing due South 1309.94 feet to the point of beginning; thence North 38°41 '40" East 414.37 feet; thence South 51°18'20" East 700.00 feet; thence South 38°41'40'' West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 5 lo20'00" West, along said right-of-way line 164.26 feet; thence North 27026'00'' West, along said right-of-way line 125.34 feet; thence North 52o29'40" West, along said right-of-way line 21.12 feet; thence North 51°18'20" West, along said right-of-way line 400 feet; thence North 38°41 '40" East 835.63 feet to the point of beginning. .. Tract F The Industrial Park Road Right-of-Way from its intersection with the northerly Right-of-Way line of U.S. Highway 6 northerly to Said Right-of-Way's terminus. Tract G The entire portion of the U.S. Highway 6 Right-of-Way that abuts Tracts A and E above. (This area is more commonly referred to as the industrial lots along Industrial Park Road) WHEREAS, the Iowa statutes require the City Council to submit the proposed Industrial Park Road Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Industrial Park Road Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Industrial Park Road Urban Renewal Plan and to hold a consultation with such taxing entities with respe6t thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Industrial Park Road Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE · CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Industrial Park Road Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the I5"' day of April, 2002, in thc City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:00 o'clock A.M., and David Schoon, Economic Development -6- Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Industrial Park Road Urban Renewal Plan, said notice to be in substantially the following form: -7- NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1 A) of the Code of Iowa, as amended, commencing at 10:00 o'clock A.M. on April 15, 2002, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Industrial Park Road Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. David Schoon, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Industrial Park Road Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 3rd day of April ,2002. CityXC'lerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held on the proposed Industrial Park Road Urban Renewal Plan before the City Council at its meeting which commences at 7.'~t, o'clock P~.M. on May 7, 2002, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. '- Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the "Press-Citizen", once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: -9- NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED INDUSTRIAL PARK ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on May 7, 2002 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Industrial Park Road Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: An area consisting of the following tracts of land: Tract A A tract of land in the West 1/2 of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, more particularly described as follows: Beginning at a point which is the intersection of the Northerly right of way of U.S. Highway 6 and the Easterly right of way of Industrial Park Road, Iowa City, Iowa (said point being more particularly located as follows: commencing at the center of said Section 24; thence South 88 degrees 40 minutes 00 seconds West 341.17 feet; thence South 0 degrees 50 minutes 00 seconds East 630.18 feet to the Northerly right of way line of said U.S. Highway 6; thence North 5 l degrees 30 minutes 40 seconds West along said right of way 983.79 feet; thence continuing along said right of way North 39 degrees 28 minutes 00 seconds West 92.22 feet; thence continuing along said right of way North 51 degrees 20 minutes 00 seconds West 126.41 feet to said point of beginning); thence North 38 degrees 41 minutes 40 seconds East along the Easterly right of way of said Industrial Park Road 1000 feet to an iron pin; thence South 51 degrees l 8 minutes 20 seconds East 650.00 feet to an iron pin; thence South 38 degrees 41 minutes 40 seconds West 1017.30 feet to an iron pin on the Northerly right of way of said U.S. Highway 6; thence North 51 degrees 30 minutes 40 seconds West 433.34 feet along said Northerly right of way to a right of way rail; thence North 39 degrees 28 minutes 00 seconds West 92.22 feet along said Northerly right of way to a right of way rail; thence North 51 degrees 20 minutes 00 seconds West 126.41 feet to the point of beginning, in Johnson County, Iowa. BEING, the same property conveyed to James River Paper Company, Inc., a Virginia corPoration, by Deed from the City of Iowa City, Iowa, a municipal corporation, dated April 17, 1990, recorded July 17, 1990, Johnson County, Iowa Land Records in Book 1148, page 115. Tract B Lots, I, 2, 3, 4, & 5 of Auditor's Plat No. 32 Tract C Commencing at the center of Section 24, Township 79 North, Range 6 West of the 5th P.M., thence south 89 degrees 48 minutes 20 seconds west 505.12 feet, thence north 0 degrees 11 minutes 40 seconds west 1191.20 feet, thence northeasterly 203.62 feet along a 300 foot radius curve concave northwesterly, thence north 0 degrees 11 minutes 40 seconds west 628.40 feet, to the point of beginning, thence north 62 degrees 25 minutes 00 seconds west 589.32 feet, thence north 1 degree 36 minutes 50 seconds east 59.60 feet, thence northwesterly 295.59 feet along a 356.97 foot radius curve concave southwesterly, thence south 62 degrees 25 minutes 00 seconds east 681.91 feet along the southerly right of way line of the Chicago, Rock Island & Pacific Railroad, thence south 27 degrees 35 minutes 00 seconds west 25 feet, thence south 62 degrees 25 minutes 00 seconds east 73.75 feet, thence south 0 degrees 11 minutes 40 seconds east 116.75 feet, thence southerly 124.90 feet along a 50 foot radius curve concave easterly thence south 0 degrees 11 minutes 40 seconds east 20 feet to the point of beginning, together with all easements and servient estates appurtenant thereto. Tract D COMMENCING AT THE CENTER OF SECTION 24, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TM P.M., THENCE SOUTH 89°48'20" WEST 505.10 FEET, THENCE NORTH 0°11 '40" WEST 1191.20 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, THENCE NORTHEASTERLY 203.62 FEET ALONG A 300 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTH 0°11'40" WEST 628.40 FEET, THENCE NORTH 62°25'00" WEST 589.32 FEET, THENCE SOUTH l°36'50" WEST 460.00 FEET, THENCE SOUTHWESTERLY 198.22 FEET ALONG A 306.29 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTH 38°41 '04" WEST 12.25 FEET, THENCE SOUTH 51 °18'20" EAST 700.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE SOUTHWESTERLY 60 FEET THEREOF; BEING THAT PORTION OF THE ABOVE TRACT LYING WITHIN 60 FEET MEASURED NORMALLY IN A NORTHEASTERLY DIRECTION FROM THE COURSE DESCRIBED AS: "S51°18'20'' E 700.00 FEET," Together with all easements and servient estates appurtenant thereto, and subject to covenants, easements and restrictions of record. Tract E A tract of land containing 20.2 acres and locate on the NW ¼ of Section 24, Township 79 North, Range 6 West of the 5th P.M., more particularly described as follows: Commencing at the midpoint on the North line of the NW ¼ of said Section 24, thence on an assumed beating due South 1309.94 feet to the point of beginning; thence North 38°41'40" East 414.37 feet; thence South 51°18'20'' East 700.00 feet; thence South 38°41 '40" West 1300.21 feet to the northerly right-of-way of U.S. Highway #6; thence North 51020'00'' West, along said right-of-way line 164.26 feet; thence North 27026'00'' West, along said fight-of-way line 125.34 feet; thence North 52029'40" West, along said right-of-way line 21.12 feet; thence North 51°18'20TM West, along said right-of-way line 400 feet; thence North 38°41 '40" East 835.63 feet to the point of beginning. Tract F The Industrial Park Road Right-of-Way from its intersection with the northerly Right-of-Way line of U.S. Highway 6 northerly to Said Right-of-Way's terminus. Tract G The entire portion of the U.S. Highway 6 Right-of-Way that abuts Tracts A and E above. (This area is more commonly referred to as the industrial .lots along Industrial Park Road) which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this 30th day of April, 2002. s/Marian K. Kart City Clerk, Iowa City, Iowa (End of Notice) Section 5. That the proposed Industrial Park Road Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Industrial Park Road Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Industrial Park Road Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within thirty (30) days of the date hereof. PASSED AND APPROVED this 2na day of April, 2002. ATTEST: City'Clerk DLILLEBO~316466\1\10714.073 -15- April 2, 2002 The City Council of Iowa City, Iowa, met in requl ar session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion. Kanner. Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Absent: None -1- Council Member Vanderhoef then introduced the following proposed Resolution entitled "RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY", and moved that the same be adopted. Council Member Champi0n · seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, 0'Donnell, Pfab, Vanderhoef, Wilburn, .,. Champion NAYS: Kanner Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 02-117 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City and the rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban re. newal area under Iowa law and has caused there to be prepared a proposed Heinz Road Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and -2- WHEREAS, this proposed Urban Renewal Area includes and consists of.' Commencing at the intersection of the Northerly Right-of- Way Line of U.S. Highway. No. 6 and the Easterly Right-of- Way Line of Scott Boulevard located in Section 19, Township 79 North, Range.5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; said Point of Beginning; Thence Northeasterly and Northerly along Easterly Right-of Way Line of Scott Boulevard to a point on the Southerly Right-of-Way Line of the Heartland Rail Corporation; Thence Northwesterly along said Southerly Right-of-Way Line of the Heartland Rail Corporation to the most northwesterly point of Lot 1, BDI Fifth Addition; Thence Southeasterly and then Southerly along the Westerly property line of Lot 1, BDI Fifth Addition to the most Southwesterly point of Lot 1, BDI Fifth Addition, which is also the most Northwesterly point of Lot 4, BDI Second Addition; Thence Southerly and then Southwesterly along the Westerly property line of Lot 4, BDI Second Addition to the most Northwesterly point of Lot 1, BDI Fourth Addition; Thence Southwesterly along the Westerly property line of Lot 1, BDI Fourth Addition to the intersection of the Westerly property line of Lot 1, BDI Fourth Addition and the Northerly Right-of-Way Line of U.S Highway No. 6; Thence to a point perpendicular with the Southerly Right-of-Way of U.S. Highway No. 6; Thence Southeasterly along the Southerly Right-of-Way of Highway No. 6 to a point perpendicular to the Easterly Right-of-Way of Scott Boulevard; Thence Northeasterly to the intersection of the Northerly Right-of-Way of Highway 6 and the Easterly Right-of-Way of Scott Boulevard, which is said point of beginning. (This area is more commonly referred to as the BDI Industrial Park Area.) WHEREAS, the Iowa statutes require the City Council to s~tbmit the proposed Heinz Road Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Heinz Road Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Heinz Road Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representativ~ of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Heinz Road Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the consultation on the proposed Heinz Road Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on the 15th day of April, 2002, in the City Manager's Conference Room, Civic Center, Iowa City, lowa at 10:00 o'clock A.M., and David Schoon, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Heinz Road Urban Renewal Plan, said notice to be in substantially the following form: -4- NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as amended, commencing at 10:00 o'clock A.M. on April 15, 2002, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Heinz Road Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. David Schoon, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Heinz Road Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 3rd day of Apri 1 ,2002. City'Clerk, Iowa City, Iowa (END OF NOTICE) -5- Section 3. That a public hearing shall be held on the proposed Heinz Road Urban Renewal Plan before the City Council at its meeting which commences at 7: 00 o'clock P.M. on May 7, 2002, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. Section 4. That the City Clerk is at/thorized and directed to publish notice of this public hearing in the "Press-Citizen", once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED HEINZ ROAD URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on May 7, 2002 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Heinz Road Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: Commencing at the intersection of the Northerly Right-of- Way Line of U.S. Highway No. 6 and the Easterly Right-of- Way Line of Scott Boulevard located in Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; said Point of Beginning; Thence Northeasterly and Northerly along Easterly Right-of Way Line of Scott Boulevard to a point on the Southerly Right-of- Way Line of the Heartland Rail Corporation; Thence Northwesterly along said Southerly Right-of-Way Line of the Heartland Rail Corporation to the most northwesterly point of Lot 1, BDI Fifth Addition; Thence Southeasterly and then Southerly along the Westerly property line of Lot 1, BDI Fifth Addition to the most Southwesterly point of Lot 1, BDI Fifth Addition, which is also the most Northwesterly point of Lot 4, BDI Second Addition; Thence Southerly and then Southwesterly along the Westerly property line of Lot 4, BDI Second Addition to the most Northwesterly point of Lot 1, BDI Fourth Addition; Thence Southwesterly along the Westerly property line of Lot 1, BDI Fourth Addition to the intersection of the Westerly property line of Lot 1, BDI Fourth Addition and the Northerly Right-of-Way Line of U.S Highway No. 6; Thence to a point perpendicular with the Southerly Right-of-Way of U.S. Highway No. 6; Thence Southeasterly along the Southerly Right-of-Way of Highway No. 6 to a point perpendicular to the Easterly Right-of-Way of Scott Boulevard; Thence Northeasterly to the intersection of the Northerly Right-of-Way of Highway 6 and the Easterly Right-of-Way of Scott Boulevard, which is said point of beginning. (This area is more commonly referred to as the BDI Industrial Park Area.) which land is to be included as part of this proposed Urban Renewal Area. A copy of the Plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvements to be undertaken by the City, but provides that the Plan may be amended from iime to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the City Code of Iowa. Dated this 30th day of April, 2002. s/Marian K. Kart City Clerk, Iowa City, Iowa (End of Notice) Section 5. That the proposed Heinz Road Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Heinz Road Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Heinz Road Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to this Council within thirty (30) days of the date hereof. PASSED AND APPROVED this 2nd day of....April, 2002. Mayor ATTEST: City"~lerk DLILLEBOX316781 \1 \10714.074 -9- EXHIBIT"A" Heinz Road Urban Renewal Plan 2OO2 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions Section 5 - Land Use Section 6 - Relocation of Families Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Description Addendum No. 2 - Heinz Road Urban Renewal Project Area Map Heinz Road Urban Renewal Area Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well- being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well-being vision. The goals outlined in the Comprehensive Plan are: · Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; · Increase employment oppodunities consistent with the available labor force; · Provide and protect areas suitable for future industrial and commercial development; · Cooperate with local and regional organizations to promote economic development within Iowa City; · Improve the environmental and economic health of the community through the efficient use of resources; and · Consider financial incentives and programs to facilitate achieving the above goals. Over the years the Heinz Road Urban Renewal Area has provided a suitable area for industrial development, which has both increased employment opportunities consistent with the available workforce and which has diversified and increased the property tax base of the community. With the likes of national companies such as General Mills and ACT in conjunction with local businesses such as Blooming Prairie Warehouse, Economy Advertising, and Buckle Down Publishing, the community's economic well- being has been improved. Though only a few vacant parcels of land are available in the Heinz Road Urban Renewal Area, opportunities are present for existing businesses to expand on existing developed lots. The Heinz Road Urban Renewal Area provides a place in which the City can continue to achieve its economic well-being goals. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 2001 Code of Iowa, as amended. Urban Renewal Plan Objectives The overall goal of the Heinz Road Urban Renewal Plan is to formulate and execute a workable program using public and private resources to further develop the Urban Renewal Project Area for industrial development. The following objectives have been established for the proposed Urban Renewal Project Area: · To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area. · To encourage the development of start-up firms, the expansion of existing businesses, and the attraction of new industries. · To encourage employers who will provide employment opportunities consistent with the available workforce. · To make public and private infrastructure and site improvements as deemed necessary by the City to support new and expanded industrial development; · To provide financial incentives and assistance to qualifying businesses, as necessary. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. I - Legal Description. The location and general boundaries of the Heinz Road Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Heinz Road Urban Renewal Project Area. Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site improvements, public infrastructure improvements, and financial incentives to encourage industrial development. Private Site Improvements Private site improvements may include, but are not limited to, demolition of existing buildings and site preparation, design and construction of buildings, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, stormwater management facilities, public streets and sidewalks (such as the widening of Highway 6), sanitary sewers, and storm sewers. Tax increment financing shall be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. Financial Incentives 3 Tax increment financing shall be available for providing direct grants, loans, or rebates 'for those qualifying businesses engaged in the uses allowed in the General Industrial (I- 1) Zone. The funds from the direct grants, laans, or rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Land Use Map contained in the Comprehensive Plan illustrates the Urban Renewal Project Area for industrial development, which is consistent with this Urban Renewal Plan. Current Zoning The Project Area is presently zoned I-1, General Industrial Zone which is consistent with this Urban Renewal Plan. Current and Proposed Land Uses The Project Area is presently used for industrial purposes. The proposed land uses include industrial purposes, which are consistent with the current zoning. Relocation of Families Given that the Urban Renewal Area does not contain within its boundaries any residential housing units, there is no need to relocate any families. Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obli.qation Debt by Issue 6-30-01 Issue Oriqinal Final Principal Date Amount Interest Rates Maturity Outstandinq Notes 1991 $2,340,000 5.4%-5.6% 6/02 $225,000 (1) 1992 4,870,000 4.45%-5.50% 6/02 490,000 (2) 1992 3,450,000 4.75%-5.20% 6/07 1,680,000 (3) 1994 7,370,000 4.6%-4.7% 6/04 2,175,000 (4) 1995 8,500,000 4.8%-5.125% 6/07 4,240,000 (5) 1996 6,100,000 3.6%-5.5% 6/15 5,000,000 (6) 1997 5,200,000 4.5%-4.7% 6/07 3,100,000 1997 5,540,000 4.875%-5.0% 6/17 4,700,000 (7) 1998 8,500,000 4.35%-4.75% 6/13 6,775,000 1999 9,000,000 4.125-4.75% 6/18 8,075,000 2000 14,310,000 4.375-5.50% 6/18 13,605,000 2001 11,500,000 4.00-4.90% 6/16 11,500,000 Total ~;61.565.000 (1) 9.40% abated by sewer revenues. (2) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. (3) 100% abated by parking revenue. (4) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (5) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (6) 72.89% abated by water revenues. (7) 100% abated by water revenues. 5 Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness." Debt Limit Computation As March 8, 2002 Total Assessed Actual Valuation $2,904,556,668 Legal Debt Limit of 5% of 2001 Assessed Actual Value $145,227,833 Debt Chargeable Against Limit $61,565,000 Legal Debt Limit Available $83,662,833 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentiarly incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Given the uncertainty of the needs of future business development projects within the Urban Renewal Area, the proposed amount of indebtedness is difficult to determine at this time. The proposed amount of indebtedness to be incurred under this Urban Renewal Plan, including loans, advances, indebtedness, or bonds which qualify, could equal approximately $7.0 million over the 20 year period of the Urban Renewal Plan's Tax Increment Financing District. Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 2002 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other poweYs for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. * A Resolution of Necessity was adopted by the City Council on , 2002. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of industrial park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. * A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (2002), was adopted by the City Council on ,2002 Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1989 Update on July 1.1, 1989. Provision: The Planning and Zoning Commission has made ,and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1989 Update. * The Planning and Zoning Commission recommendation was forwarded to the City Council on ,2002 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on ,2002. The notice was mailed by regular mail on ,2002. Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were (were not) received from the affected taxing districts by , 2002, which was seven days following the date of the consultation. * On ,2002, at least seven days prior to the public hearing on the urban renewal plan, the representative of the municipality did (did not) submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision:A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal Plan document pursuant to state law was held on , 2002. The public notice was published , 2002, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local p~blic agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1989 Update. * The plan includes a feasible method for relocating families. On , 2002, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1989 Update, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws. 9 Addendum No, 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Commencing at the intersection of the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Easterly Right-of-Way Line of Scott Boulevard located in Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; said Point of Beginning; Thence Northeasterly and Northerly along Easterly Right-of Way Line of Scott Boulevard to a point on the Southerly Right-of-Way Line of the Heartland Rail Corporation; Thence Northwesterly along said Southerly Right-of-Way Line of the Heartland Rail Corporation to the most northwesterly point of Lot 1, BDI Fifth Addition; Thence Southeasterly and then Southerly along the Westerly property line of Lot 1, BDI Fifth Addition to the most Southwesterly point of Lot 1, BDI Fifth Addition, which is also the most Northwesterly point of Lot 4, BDI Second Addition; Thence Southerly and then Southwesterly along the Westerly property line of Lot 4, BDI Second Addition to the most Northwesterly point of Lot 1, BDI Fourth Addition; Thence Southwesterly along the Westerly property line of Lot 1, BDI Fourth Addition to the intersection of the Westerly property line of Lot 1, BDI Fourth Addition and the Northerly Right-of-Way Line of U.S Highway No. 6; Thence to a point perpendicular with the Southerly Right-of-Way of U.S. Highway No. 6; Thence Southeasterly along the Southerly Right-of-Way of Highway No. 6 to a point perpendicular to the Easterly Right- of-Way of Scott Boulevard; Thence Northeasterly to the intersection of the Northerly Right-of-Way of Highway (~ and the Easterly Right-of-Way of Scott Boulevard, which is said point of beginning. (This area is more commonly referred to as the BDI Industrial Park Area.) OPDH $ R$5 flFBH Heinz Road Urban Renewal Area Prepared by: Karin Franklin, PCD, 410 E. Washington St., iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 02-111 RESOLUTION RATIFYING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR AMERICAN SPIRIT GRANT FUNDS, WHEREAS, the State of Iowa Department of Cultural Affairs has made available funds for projects that capture the American Spirit in the wake of the events of September 11; and WHEREAS, these projects should be community-based and may include public art; and WHEREAS, the Public Art Advisory Committee wishes to undertake a project in which neighborhoods are involved in creating a "Sense of Place" in their neighborhoods with public art; and WHEREAS, the Department of Cultural Affairs American Spirit Grant is a potential funding source for the "Sense of Place" Project; and WHEREAS, the deadline for the American Spirit Grants was November 1,2001; and WHEREAS, an application was submitted on behalf of the Iowa City Public Art Advisory Committee and the City of Iowa City subject to approval of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: The submittal of an application to the Iowa Department of Cultural Affairs for an American Spirit Grant is hereby ratified and authorized. Passed and approved this 2nd dayof April ,20_ 02 . A/l~roved by ~ . City Attorney's Office It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~ Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn ppdadm/res/amedcanspirit doc Iowa Community Cultural Grant: Application Form Page I of 2 For Office Use Only: Grant App #: Date Received: 2003 ICCG Application Form · Please read and print instructions before completing this form! · This form is best viewed with Internet Explorer or Netscape browsers, version 5 or higher. · After completing this page~ print it and go to next section. A. Applicant Section Organization Name; iowa City PUblic Art Advisory Committee Federal Employer's ID: 42-600-4805 Contact Person: Karin Franklin Contact Person's Title: Director, Planning and Community Development Address: 410 E. Washington Street City: Iowa City State= IIA Zipcode: ]52240 E-mail Address: karin-franklin@iowa-city.org Web Site Address: Telephone (daytime): 319-356-5232 County: Johnson Legislative District Numbers If you don't know your district numbers, ~!i~k ~r~, Zowa House #:]045 Iowa Senate #1 I023 us Congress #: ]01 Is the organization above acting as a fiscal agent? (~ Yes t~ NO If yes, please complete this section, Organization to use funds: City of Iowa City Public Ar[ Program Contact Person: Karin Franklin Title: Director, Planning and Community Development Address: 410 E. Washington Street city: Iowa City State: IIA Zipcode: 152240 Telephone (daytime): 319-356-5232 E-mail Address: karin-franklin@iowa-city.org Project Title:]iowa City Neighborhoods - "Sense of Place" through Art Proposed Project Dates;I July 1, 2002 to ]June 30, 2003 (month/date/year) Grant Amount Requested:iS19,000 Was this project in existence prior to the program deadline? C' Yes ~'~ No if yes, did it receive ICCG funding in the previous year? C' Yes ~ No Has this project received funding from the Iowa State Historical Society, the Iowa Arts Council or the Cultural Enrichment Grant in the current or previous year? ~' Yes ~ No If yes, from which grant program(s) did the project receive funding and how much was the grant amount? http://www.culturalaffairs.org/ICCG/Application.htm 3/28/2002 Iowa Community Cultural Grant: Application Form Page 2 of 2 Iowa Arts Council Grants:Jnone ~ $[ Historical Society Grants:J none ~ SJ Jnone ~ SJ Cultural Enrichment Grant Amount:$ J ~Print this page ~ Go to next section http://www.culturalaffairs.org/ICCG/Application.htm 3/28/2002 Iowa Community Cultural Grant / Application Form: Budget Section Page 1 of 2 2003 ICCG Application Form / Budget Section B. Project Budget List all expenses associated with the proposed project and indicate which expenses are to be met by the Iowa Community Cultural Grant, by Cash Hatch, and In-kind Hatch. Use only the space provided. After completing this page, print and go to next section. ICCG Cash [n-kind Request Match Match Subtotals Personnel (include salaries, wages, benefits, fees, etc. associated with the project) IProject AOmn (IA Artist/Intern/2 artist, $14ooo $[2640 IVideo Specialist $[ $[ $]2500 subtotals:SI4000 + $[2640 + $12500 =$[9140 Supplies & Materials (include office supplies, building materialst etc.) IVideo Tape and Equipment $I $[ iArtwork (4 peice,> $[15,000 $h~,660 $1 Travel/Per Diem (include fares, mileage, per diem payments, etc.) Marketing (include costs for publicity, brochures, advertising, flyers, posters, etc. ) IPublicity flyers to neighborhoods $[ $i Subt°ta's'$r + $1 + 4600 =$1600 Space & Equipment Rental (includes office, theatre, gallery, truck or special equipment) Other (include shipping expenses, administrative fees, etc.} I *1 '1 Subt°tals'SI +$1 +$1 =$1 Total Project costs=$1'19,000 + $11s,soo +$13500 =$136,000 Total In- Total [CCG Total Cash kind Total Project Request Hatch Match Cost http://www.culturalaffairs.org/ICCG/Budget.htm 3/28/2002 Iowa Community Cultural Grant Application/Match, Income and Statement of Assurances Page 1 of 2 2003 ICCG Application Form / Match, Income and Statement of Assurances C~ Hatch Requirements Does your total match equal at least 5OU/o of the total project cost? ~ Yes (~ NO (Total Cash Hath + Total In-kind Hatch) + Total Project Cost x 100 = 150 % Is your total cash match at least 50% of the total match? (; Yes C' No Total Cash Match + (Total In-kind Match + Total Cash Match) x 100 = 181.5 O/o Cash Match Points: To determine the number of match points your application will receive, use the formula below. (100 points possible) (Total Cash Match + Total ICCG Request) x 100 = 181.6 points D, Income List all cash income to be used to defray the expenses of the project and list sources of that income. Do not include In-kind contributions. Funds from other state grants are not allowable matches. Earned Income: (Include revenue from the sale of admissions, tickets, memberships, etc., for events attributable or prorated to this project.) Contributions: (Include contributions from businesses, corporations, foundations, and other private sources.) Other Revenue: (Include revenue from sources other than those listed above.) ]City of Iowa City Public Art budget *]15,500 Total Cash Income: (This total must equal the total Cash Match in the Budget Section.) $] E. Statement of Assurances The applicant hereby agrees and acknowledges: a) that, if funds are awarded, they will conduct their operations in accordance with title VI and VII of the Civil Rights Act of 1964, as amended, and the Rehabilitation Act of 1973, as amended, which bar discrimination against any employee, applicant for employment, or any person participating in any sponsored program on the basis of race, creed, color, national origin, religion, sex, age, or physical or mental disability, and require compensation for employment at no less than minimum wage requirements, and provide safe and sanitary working conditions; b) they will expend funds received as a result of this application solely on the described project; c) that, if the proposed project impacts a property listed on or having qualities making it eligible for listing on the National Register of Historic Places, the applicant will consult with the Bureau of Historic Preservation, State Historical Society of Iowa, and will act in accordance with the Secretary of Interior's Standards for Rehabilitating Historic Buildings; d) that the facts, figures, and representations made in this application, including all attachments, are true and correct to the best of their knowledge; e) that the filing of this application has been authorized by the governing board of the applicant; f) that failure to comply with the Iowa Community Cultural Grant program administrative rules, including, but not limited to failure to prove tax-exempt status, will disqualify the application. Signature of person with legal authority to obligate the Applicant Date I I Typed name and title of above person Date Signature of Project Manager Date http://www.culturalaffairs.org/ICCG/BudgetP2.htm 3/28/2002 Iowa City Neighborhoods - "Sense of Place" through Art Iowa City Public Art Advisory Committee American Spirit Project A. PROJECT DESCRIPTION The City of Iowa City's Public Art Advisory Committee (PAAC) requests a grant of $19,000 from the American Spirit Project to assist individual neighborhoods to create a "Sense of Place" through art. The grant will enable PAAC to implement a process for community participation and decision-making in the process of placing public art within neighborhoods. PAAC will (1) develop a short video to show how neighborhoods in other communities have used public art to provide neighborhood identity, (2) conduct educational forums to demonstrate how neighborhoods might research their individual history, (3) implement three artist-led charettes, and (4) provide the opportunity for three professional Iowa artists to serve an apprenticeship in the methods of the charette. Short Video: The video will focus on neighborhood public art, as opposed to city public art. Its purpose is to demonstrate how neighborhoods throughout the world have used public art to create a sense of place. In producing this educational video we will draw upon the videographic expertise of the City's Cable Television Staff, Channel 4 in Iowa City. For content expertise, we shall consult Professor Wallace Tomasini, public art authority at the University of Iowa. The video will be used to stimulate discussion at neighborhood meetings. We will also make the video available to other Iowa communities at their request. History Forums: It is our belief that if the people of a neighborhood understand its history, they can better understand the present and thereby more clearly define who they are. Then and only then can they create a visual image to reflect their "Sense of Place." Their intimate involvement in the process of defining their neighborhood identity will strengthen their neighborhood relationships. Strong neighborhoods take ownership of their public spaces and pubic life, and this strengthens neighborhood vitality and public safety. Charettes: A charette is an intense effort to solve design-related issues within a limited time period. It provides a forum for ideas, and offers the advantage of giving immediate feedback to the artist and neighborhood while giving mutual authorship to the plan by all those who participate. There are two paramount advantages in the charette method. First, it creates a highly collaborative atmosphere. Second, it brings together all parties with a vested interest in the project for discussion and resolution of issues up front. Although all participants at the beginning need more preparation, charettes are relatively fast and inexpensive. They strengthen community and are highly effective. Four neighborhoods have been selected for Phase 1 of the project. They will have the opportunity to work with an Iowa artist, experienced in the charette technique of reciprocal exchange of ideas, to create the artistic concept for each neighborhood. Charettes have been used in architectural design and city planning for some years. Although relatively new in the field of public art, there are Iowa artists who have been trained to use this method, and have conducted successfully public art charettes in Iowa. We recognize that there is a need for more artists to be trained in this technique, and are therefore designing our program to provide experienced artists the opportunity Iowa Cib/Neighborhoods - "Sense of Place" through Art Iowa Cit~ Public Art Advisory Committee to train one-on-one with a charette artist. This will expand the number of Iowa artists with experience as charette artists. The process completed so far has included: A committee with members from the Neighborhood Council and PAAC created a conceptual design for the "Sense of Place" Project. This design included choosing the neighborhoods to participate in Phase I and Phase II. The four strongest neighborhood associations of Northside / Goosetown, Longfellow, and Wetherby were chosen for Phase I. Abutting neighborhoods of College Green, Lucas Farms, Pepperwood / Grant Wood / South Point were selected for Phase II. PAAC is applying for funding for Phase 1 "Sense of Place" Project with this proposal. PHASE I: 1. A charette artist is selected to manage the "Sense of Place" Project (Decision of the Iowa City Council, upon recommendation from PAAC, with input from the neighborhoods in Phase I) 2. The managing charette artist will select two additional charette artists. Each of the neighborhoods will have its own charette artist. 3. The video and history components are a cooperative venture between the artist- administrator and PAAC. 4. The neighborhoods meet for training in how to research their community. 5. Each neighborhood meets to develop the general concept for their "Sense of Place." (The entire team of three charette artists and three apprentices are present for this initial meeting in each neighborhood. The first component of this meeting is the video) 6. Each neighborhood meets to critique drawings and models (Only the charette artist and apprentice assigned to that neighborhood will be present.) 7. A Neighborhood meets to refine and finalize the final concept (Only the charette artist and apprentice assigned to that neighborhood will be present) 8. The charette artist provides a production design (PAAC approval required) 9. Production of the "Sense of Place" art (City oversight of the contract ) 10. Installation (City oversight of the process) 11. Maintenance (Neighborhood and City cooperate) There is an understanding that once the initial neighborhoods have completed their process, they in turn will initiate Phase II, by mentoring an abutting neighborhood that is less well organized. The artists that apprenticed in Phase I will take a lead responsibility in Phase II with oversight from their original charette mentor. PHASE Ih The neighborhood to neighborhood mentoring will be: · Northside / Goosetown will mentor College Green · Longfellow will mentor Lucas Farms · Wetherby will mentor Pepperwood/Grant Wood/South Point It is our expectation that this mentoring process will create binding relationships between these neighborhoods which run north/south through our city like a ribbon. Over the next decade we envision these neighborhoods will reach out to mentor their Iowa Cit~ Neighborhoods - "Sense of Place" through Ar~ iowa Cib/Public Art Advisory Committee neighbors to the east and west, and eventually weave a strong and supportive tapestry of neighborhood identities across Iowa City. We believe our "Sense of Place" project builds community. B. PROJECT PARTICIPANTS The Neighborhoods: The Iowa City Office of Neighborhood Services is an official segment of city government. It supports and encourages neighborhood action and provides ideas and resources that can help shape the future of a neighborhood. The Neighborhood Services Coordinator acts as a liaison between the Neighborhood Associations and the City government to address neighborhood concerns and interests. There are currently 28 neighborhood associations within Iowa City of varying levels of activity. The Neighborhood Council of Iowa City, a collaboration of neighborhood associations, is also staffed by the Neighborhood Services Coordinator. The Neighborhood Council works as one unit in an effort to address common issues or concerns of all neighborhoods. The Neighborhood Council is currently in the exploratory stages of working with the PAAC to determine a direction for public art in neighborhoods. The Neighborhood Council also oversees and implements the Program for Improving Neighborhoods (PIN) grant program. The Public Art Advisory Committee: The PAAC, as stewards of the City of Iowa City, has a mission to enhance the appearance of the city through the selection and integration of art in a public environment. PAAC is an advisory committee of the Iowa City Council. The committee develops the Public Arts Plan. It oversees commissioning, procurement, maintenance, and deaccessioning of public art. The committee advises on expenditures for public art, determines the type of art to be used in a specific project, the artist to be engaged or the work to be purchased, and the placement of public art. They also oversee the inventorying of public art, acceptance of gifts of art. In carrying out its directives PAAC seeks to involve the public through focus groups, neighborhood meetings, and collaborative projects, such as this American Spirit Project. This project is compatible with all formal objectives of PAAC related to the "public good." The neighborhoods will educate themselves in both art and history as they create their neighborhood identity. The charette method of neighborhood participation will ensure the art is appropriate to the context of each location and that it will excite and stimulate its audience while enhancing the appearance of the city. Cable Television Staff - Staff for this department comprises over 100 years of total experience with a complete production house of 5 fulltime and 15 part time employees. Over 500 productions occur each year including PSA's, educational, instructional, presentation, meeting, forums and documentary productions Karin Franklin - Director of Department of Planning and Community Development since 1991. Supervises staff of over 17. Staff coordinator for the PAAC. Marcia Klingaman - Neighborhood Services Coordinator since 1991. Works with 28 neighborhood associations, providing liaison services. Assists with the PAAC. Iowa Cib/Neighborhoods - "Sense of Place" through Ar~ Iowa City Public Ar~ Advisow CornmiLtee C. ARTS~ HISTORIC, ETHNIC~ CULTURAL AND TOURISM VALUE Historic Value: Iowa City over the years has made a consistent and concerted effort to strengthen and promote cultural activity. The historic Englert Theatre is the latest in that dynamic. The City has made major investments to support a pedestrian mall, an expansive public art program, and to assist the business community to promote galleries and cultural events. Ethnic Value: Culture is an important institution for inclusion, outreach, and service to under-served and minority constituents and new immigrants. For example, neighborhoods can provide a forum for people of diverse cultures to come together to express themselves through public art. Cultural and Tourism Value: Iowa City's vitality in the arts is beginning to be noticed nationally. In the past three years, several publications have listed Iowa City as a desirable place to live. Cultural benefits ranked high in corporate and individual decisions to make Iowa City their home. Those same cultural benefits, when fully developed, will retain or attract business and in turn provide employment opportunities. D. PUBLIC BENEFIT, MARKETING AND PROMOTION PLAN Public Benefit: The benefits are three-fold: (1) The charette process can lead to greater solidarity within a neighborhood, due to the participatory nature of the interactive process. This solidarity can have several beneficial consequences: (a) greater public safety due to neighborhood residents taking responsibility for public behavior in "their" neighborhood, (b) better upkeep of property, due to increased pride in "their" neighborhood, (c) increased level of civic activity in support of public institutions. (2) The charette process is designed to involve neighborhood residents in the creation of public art, and this in turn creates individual and collective commitment to the results of the process, that is, the public art that is produced. This "buying into" the end product generates pride of ownership, and ownership in turn leads to responsibility toward the public art. This reduces the likelihood of vandalism, because neighborhood residents feel responsible for "their" art. (3) Public art can be a focus for a neighborhood. If the public art has been created by the residents through a truly participatory charette process, the residents will like the art and will refer to it as a defining element of their neighborhood. The art can add character to the neighborhood. It can furnish identity to the neighborhood. It is a point of reference for the neighborhood. It defines "a sense of place." Marketing and Promotion: PAAC is confident our neighborhood leadership will do a superb job of neighbor-to- neighbor marketing of "Sense of Place." Please see the attached letters of support from the neighborhoods regarding their enthusiasm for participating in this program. E. PROJECT EVALUATION The participating neighborhoods will evaluate how effectively the project work in Phase I of this proposal and incorporate any additional changes they feel would improve Phase II. The PAAC will also be updated regularly regarding the status of the project and requested to provide input/suggestions as necessary. NEIGHBORHOOD ASSOCIATION March 25, 2002 Iowa City Public Art Advisory Committee Civic Center Iowa City, Iowa 52240 Dear Members of the Committee: The Northside Neighborhood Association enthusiastically endorses, embraces, and commits time to the implementation of the proposal of the Iowa City Public Arts Advisory Committee and the Iowa City Neighborhood Council to make a plan for bringing art to the neighborhoods of Iowa City. The Northside Neighborhood Association was the first of Iowa City's neighborhoods to organize, forming in 1989 in connection with the city's Sesquicentennial. Initially, our association was primarily social; organizing neighborhood fairs and house and garden tours; however, we quickly embraced advocacy -- in the early 1990's organizing to stop construction of a heliport in our neighborhood. Today, our association is grass-roots and participation-oriented, with monthly meetings attended by 50 or more neighborhood residents, making decisions by consensus -- guided by a 10-member steering committee and a number of task groups focused on specific concerns, including historic preservation, parks and environment, traffic and parking, and safety and tranquility. Outcomes of our work include: tree planting, zoning and speed limit enforcement, candidate forums, ordinance revisions, park clean-up, and home- renovation education. Our monthly newsletter, distributed neighborhood-wide, keeps all neighbors informed. We look forward to expanding our activities to include promotion of public art. We take pride in the history of the Northside neighborhood. Its boundaries are within the original 1839 town plat, and contain many of the city's oldest stone and brick cottages, dating to the early 1840s. The neighborhood today is a diverse mixture of structures, uses, and residents. In addition to single-family homes, we have a variety of businesses, schools, restaurants, theaters, chumhes, parks, high-density student housing, and social service residences. Housing is diverse, ranging from emergency free housing and low rent facilities to homes valued at over a halfa million dollars. We are enthusiastic about the opportunity to bring art into our neighborhood. As we are at the heart of the city we are a pedestrian population; our sidewalks and parks and front porches are used. Art would have an immediate and positive impact. As Iowa City's most diverse, vibrant, and active neighborhood, we enthusiastically endorse this proposal to plan a process for developing art projects unique and fitting to our and other neighborhoods, and look forward to word that it has been funded. Coordinator, Steering Committee, Northside Neighborhood Association 814 East Market Street, Apt. D, Iowa City The Longfellow Neighborhood Association of Iowa City 11 March 2002 Dear Iowa City Arts Advisory Committee: The Longfellow Neighborhood Association is pleased to be able to apply for a grant which will lead to art in our neighborhood and which will involve us in discussions with other neighborhoods leading up to the actual art installations. The Association's leadership constantly strives to involve all segments of our diverse population in activities which will lead to the formation of a greater sense of neighborhood. The LNA was formed in 1991 by neighbors whose goals were to promote a sense of neighborhood and to be proactive on issues which affect the quality of life in the neighborhood. Thus the Association successfully worked with Iowa City staff and commissions to designate all areas of the Longfellow neighborhood as either historical or conservation districts. The LNA has applied for and received grants from the City of Iowa City to plant trees along our streets, to create a recycling program in our neighborhood (before the city implemented such a plan) and most recently to create a Website for our neighborhood. Other PIN grants were used to check for lead in drinking water, to replace old toilets with water efficient models, to provide financial assistance to Iow-income neighbors for sidewalk replacement, to build a nature trail adjacent to a new housing development along Ralston Creek, to put toddler swings on the Longfellow School playground, to plant spring flowering bulbs in public spaces throughout the neighborhood, and to install an information plaque at an historic site in the neighborhood. Non-grant activities are also numerous. A quarterly newsletter keeps neighbors informed of upcoming programs and issues, while a summer garden walk draws hundreds of visitors to the area annually. Past seasonal activities have included a guided tree identification walk in the fall, a holiday caroling party, a sledding party, a Valentine's Day dance and a summer day camp for kids from the neighborhood. We have organized or participated in public forums for City Council candidates and we have members in regular attendance at the Iowa City Neighborhood Council meetings. Our neighborhood of roughly nine-hundred households reflects all sectors of society. Young families, couples, singles and retirees all live side-by-side on tree-lined streets. Our housing styles are diverse: Prairie-style four-squares, Queen Anne frame houses, Moffit stone cottages, Craftsman-style bungalows and Victorian mansions. Residents of the Longfellow neighborhood are active participants on civic boards and commissions. Currently, two Iowa City Councilors, a member of the Planning and Zoning Commission, two members of the Historic Preservation Commission, a vital member of The Salvage Barn (recycling) and two members of the Public Arts Advisory Committee reside in our neighborhood. 2 The selection of the Longfellow Neighborhood as one of the three neighborhoods for the initial stage of neighborhood art development seems a logical fit as we have many artists and writers living in our midst. Several past arts-related activities suggest that our Association members would play an active role in any public art installations in our neighborhood. Two years ago the LNA organized a tour of neighborhood artists' studios as a way to draw attention to the arts in our neighborhood and to raise funds to support the Save the Englert Theatre campaign. Visitors came from all over the city for the occasion. The event, a resounding success, raised $3,000. For the campaign and was the first of several grass-roots efforts to save the downtown building. Another important arts-related activity occurred when the City decided to replace the Summit Street bridge, Faidy early in the process a group of neighbor volunteers met with City engineers and planners to discuss the parameters of the project. Later, another group met with the project architect and provided design suggestions which were incorporated in the final execution of the project. For all these reasons, we feel assured that the Longfellow Neighborhood Association would actively participate in an effort to further enhance art in our neighborhood. Sincerely, ~.~~ ~. Charles Eastham Michael I/V~Iht Co-Presidents Longfellow Neighborhood Association "Committed to improving the Quality of life in the Wetherby Park Area" www.jccniowa.org/~Wetherby/ Wetherby Friends and Neighbors (An Iowa City, Iowa Neighborhood Association) Dear Towa City Arts Advisory Committee: Wetherby Friends and Neighbors has been searching, since we first formed, to find ways of making Wetherby Park the focal point of our neighborhood. We are not a typical neighborhood in the traditional sense. We do not have the churches, meeting halls, tree canopied streets, or the public buildings that other neighborhoods rely on as destinations or rallying points for its citizens to come together to discuss issues or just have fun. The Steering Committee of Wetherby Friends and Neighbors has discussed several forms of public art for Wetherby Park as a drawing point over the last several years. Our problem is the same one everyone else has, money. Our need for a neighborhood focal point is well documented and we feel that any program that could help us toward that goal will not only beautify the neighborhood but would draw us all closer to each other. The Wetherby Neighborhood is the most culturally diverse in Towa City. For decades it was ignored both politically and economically. This blindness has directly led to the current conditions we experience. Three years ago a violent incident ignited a fire that is still burning in the heartg and minds of those of us who choose to call Wetherby home. Residents formed Wetherby Friends and Neighbors to address the growing problems that we faced. Many meetings have been held, ideas nurtured, volunteers recruited, funding found, and changes made. Residents have stepped up to volunteer for Commissions and committees to bring more political clout to our neighborhood. Our will is strong but our pockets are empty. Public Art would be a wonderful way for the different cultures living here to express themselves and feel that they too are a part of the neighborhood. The Steering Committee of Wetherby Friends and Neighbors will do all it can to motivate the residents to participate in such a worthwhile project. We have been blessed with average citizens that care. People who volunteer their time and talents to help us all grow and make a better place in which to live. The renovation · Page 2 October 29, 2001 of Wetherby Park is a prime example of a volunteer effort. The writing of PIN Grants to help the less fortunate have access to computers, trees to shade us in our park, traffic control and new street lighting to make our streets safer, new entry signs in the park, extra Police patrols for safety, getting our children involved with prairie plantings in the park, and our Saturday Night Drive-In program are all examples of beneficial projects that would not have happened without volunteer participation from the neighborhood. We have accomplished all of this in just three years. We are dedicated to improving the quality of life in the Wetherby area and will do all in our power to help this program come alive. Sincerely, ~Terry Hansen Chairman, Wetherby Friends and l~eighbors 338-~?§84/dansk@home.com Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-112 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AGREEMENT REGARDING THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA. WHEREAS, on March 15, 2002, the owners of 2750 Irving Avenue executed a Second Mortgage in the amount of $34,000 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale Agreement that sets out requirements that they must meet if they sell the home within fifteen (15) years; and WHEREAS, it is the City of Iowa City's interest to execute said Resale Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached Resale Agreement. Passed and approved this 2nd day of Apri 1 ,2002. AppLied by ,4". ATTEST: CITY'CLERK City Attorney's Office It was moved by ¢.hampirm and seconded by r~' Flnnnc,] ] 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 sue/ord&res/ResaleResl.doc RESALE AGREEMENT FOR PROPERTY LOCATED AT 2750 IRVING AVENUE This Agreement is made between William H. Bryant and Deborah L. Bryant, husband and wife, (hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase from Marcus R. Carson and Kweli K. Carson, husband and wife, the following-described real property located in Johnson County, Iowa: Lot 57 of the resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, according to the plat of said subdivision recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa, with a street address of 2750 Irving Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, the City had previously sold the property to Marcus R. Carson and Kweli K. Carson through the Affordable Dream Home Ownership Program; and WHEREAS, the City will provide Buyers with a $34,000.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyers hereby agree and covenant that the property shall remain the Buyers' primary residence for a period of not less than 15 years from the date of purchase, or until such time as the property is resold. If the property is resold, Buyers hereby agree and covenant that they shall comply with the remaining provisions of this agreement. 2. The City's second mortgage in the amount of $34,000.00 shall become due upon either of the following: a) at such time as Buyers no longer use the property as their primary residence; or b) upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyers agree to pay City the full amount of said second mortgage regardless of when resale occurs. 3. In the event Buyers wish to resell the property prior to March 15, 2017, the property must be sold to an income-eligible household at fair market value. The City will determine 2 whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyers accept a purchase offer. 4. Should Buyers desire to resell the property prior to March 15, 2017, they must immediately notify the City of their intent to sell and must actively market the property. 5. If Buyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 6. If resale of the property occurs prior to March 15, 2017, the Buyers and the City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale, excluding all fees resulting from the resale, including, but not limited to, all realtor fees, broker fees, and closing costs. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by the Buyers as a result of the sale depends on the number of years the Buyers occupy the property prior to resale according to the schedule attached hereto as "Exhibit A". 7. If Buyers are no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If the Buyers cease making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, the Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. BUYERS CITY OF IOWA CITY, IOWA By: _~r)~ ~~ Attest: Deborah L. Bryant / Mari'~m K Karr, City Clerk / _~oproved By City Attorney's Office 4 EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 15 4 20 5 30 6 40 7 50 8 60 9 70 10 80 11 80 12 80 13 80 14 80 15 100 04-02-02 l 4e(31I Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-113 RESOLUTION ACCEPTING PAYMENT OF $300.00 CiVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM DELI MART, 525 HIGHWAY 1 WEST, IOWA CITY WHEREAS, on November 1, 2001, Haley Jean Farland was convicted/pled guilty in Johnson County District Court, Case No. STIC 126936 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Farland was an employee of the establishment operating under the retail cigarette permit issued to Deli Mart, 525 Highway 1 West, Iowa City, Iowa 52246; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on March 26, 2002, Deli Mart waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Deli Mart. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: April 2, 2002 ATTEST: )](~'t~/~:,~ /f~ '7~a,., City ~lerk, Cily of Iowa City Resolution No. 02-113 Page 2 It was moved by Champ'ion and sec~.nded by 0'Donne11 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 RESOLUTION NO. 02-114 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF 10WA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a va[id beer, liquor, or wine license/permit, to wit: Union Bar 121E. College Street It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __ Champion X Kanner X Lehman X O'Donnel[ X Pfab X __ Vanderhoef X __ Wilburn Passed and approved this 2nd day of Apri] , 2002 ~ .~;oved by ClT~-CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00001) RESOLUTION NO. 02-118 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART 2, IOWA CITY, IOWA. WHEREAS, applicant, Arlington L.C. on behalf of the owner, Jerry Lindemann, filed with the City Clerk the final plat of Stone Bridge Estates, Part 2, 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: Stonebridge - Part 2 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Part Fifteen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey", and the Point of Beginning; Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75 feet; Thence S34°15'13"E, 184.14 feet; Thence Northeasterly, 21.56 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 21.55 foot chord bears N59°16'32"E; Thence S27°11'42"E, 175.00 feet; Thence S00°29'10"E, 305.08 feet, to the Nodheast Corner of Stone Bridge Estates, Part One, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence S89°30'50"W, along the North Line of said Stone Bridge Estates, Part One, a distance of 175.00 feet; Thence S00°29'10"E, along said North Line, 39.64 feet; Thence S89°30'50"W, along said North Line, 242.27 feet, to the Northwest Corner thereof, and a Point on the East Line of said Windsor Ridge, Part Fifteen; Thence N00°29'10"W, along said East Line, 636.66 feet, to the Point of Beginning. Said Tract of land contains 5.35 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Depadment 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; ahd 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. Resolution No.. 02-118 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 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 2nd day of Apr.i7 ,2002. Approved by CITY'CLERK C~rn~y's (~l'ice'''-''~ It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab × Vanderhoef × Wilburn Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00001) RESOLUTION NO. 02-119 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART 3, IOWA CITY, IOWA. WHEREAS, applicant, Arlington L.C. on behalf of the owner, Jerry Lindemann, filed with the City Clerk the final plat of Stone Bridge Estates, Part 3, 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: Stonebridge - Part 3 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Part Fifteen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence SO0°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey"; Thence S00°29'10"E, along said East Line, 636.66 feet, to the Northwest Corner of Stone Bridge Estates, Part One, in accordance with the Plat thereof, Recorded in Plat Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence N89°30'50"E, along the North Line of said Stone Bridge Estates, Part One, a distance of 242.27 feet; Thence N00°29'10"W, along said North Line, 39.64 feet; Thence N89°30'50"E, along said North Line, 175.00 feet, to the Northeast Corner thereof; Thence S00°29'10"E, along the East Line of said Stone Bridge Estates, Part One, a distance of 55.00 feet to the Point of Beginning; Thence N89°30'50" E, 125.00 feet; Thence N00°29'10"W, 33.65 feet; Thence N89°30'50"E, 125.00 feet; Thence S07°10'18"E, 112.65 feet; Thence Northeasterly, 41.29 feet, along a 260.00 foot radius curve, concave Northwesterly, whose 41.25 foot chord bears N78°16'43"E; Thence S16°16'16"E, 185.88 feet; Thence S86°05'38"W, 49.95 feet; Thence S08°31'10"W, 143.31 feet; Thence S16°58'33"W, 143.87 feet; Thence S27021'32"W, 143.87 feet; Thence N57°26'58"W, 125.00 feet; Thence Southwesterly, 30.02 feet, along a 670.00 foot radius curve, concave Northwesterly, whose 30.01 foot chord bears S33°50'02"W; Thence N54°52'57"W, 179.65 feet; Thence N43°07'03"E, 27.89 feet, to the Southeast Corner of said Stone Bridge Estates, Part One; Thence N24°29'49"E, along the East Line of said Stone Bridge Estates, Part One, a distance of 75.95 feet; Thence N18°41'00"E, along said East Line, 75.54 feet; Thence N09°57'35"E, along said East Line, 75.55 feet; Thence N00°29'10"W, along said East Line, t45.42 feet; Thence NSg°30'50"E, along said East Line, 6.50 feet; Thence N00°29'10"W, along said East Line, 130.00 feet, to the Point of Beginning. Said Tract of land contains 4.39 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. 02-119 Page 2 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. 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 2nd day o Ari , 2002. Appreved by CIT~CLERK ' C~ty'Att(~rney(s/Offi c~-'' 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 O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-00001) RESOLUTION NO. 02-120 RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PART 4, IOWA CITY, IOWA. WHEREAS, applicant, Arlington L.C. on behalf of the owner, Jerry Lindemann, filed with the City Clerk the final plat of Stone Bridge Estates, Part 4, 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: Stonebridge - Part 4 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Part Fifteen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey"; Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75 feet, to the Point of Beginning; Thence continuing N87°46'23"E, along said South Line, and the Easterly Projection thereof, 199.85 feet; Thence S78°47'27"E, 68.87 feet; Thence S00°29'10"E, 116.07 feet; Thence N89°30'50"E, 94.34 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears N44°30'50"E; Thence N89°30'50"E, 50.00 feet; Thence S00°29'10"E, 90.00 feet; Thence Southwesterly, 111.65 feet, along a 326.30 foot radius curve, concave Northwesterly, whose 111.11 foot chord bears S09°18'59"W; Thence S70°52'51"E, 135.91 feet; Thence S01°20'11"W, 216.45 feet; Thence S40°54'52"W, 79.99 feet; Thence S89°30'50"W, 154.30 feet; Thence S00°29'10"E, 33.65 feet; Thence S89°30'50"W, 125.00 feet, to a Point of the East Line of Stone Bridge Estates, Part One, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 143, of the Records of the Johnson county Recorder's Office; Thence N00°29'10"W, along said East Line, and the East Line of Stone Bridge Estates, Part Two, in accordance with the Recorded Plat thereof; Thence N27°11'42"W, along the East Line of said Stone Bridge Estates, Part Two, a distance of 175.00 feet; Thence Southwesterly, 21.56 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 21.55 foot chord bears S59°16'32"W; Thence N34°15'13"W, along said East Line, 184.14 feet, to the Point of Beginning. Said Tract of land contains 4.27 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. Resolution No. 02-120 Page 2 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. 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 2n,-I day of ~ _, 2002. MAYOR Approved by ATTEST: '~.~.~,.~..,,-..2{Ji.i.,C. CLERK ~ .,~..c..f~2 City~(~ ~'"/'/~'/~--- It was moved .by Champ'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X P fab × Vanderhoef × Wilburn Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02- _) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, IOWA CITY, IOWA. WHEREAS, applicant, Arlington L.C. on behalf of the owner, Jerry Lindemanr with the City Clerk the final plat of Stone Bridge Estates, Pads 2-4, Iowa City, Iowa, Iowa; and WHEREAS, said subdivision is located on the following-described in Iowa City, Johnson County, Iowa, to wit~ Stonebridge - Part 2 Commencing at the Northwest Corner of the Southeast Quarter 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; along the North Line of said Southeast Quarter, and the Nodh Line of Windsor Ridge, Par in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Win, Part Fifteen, and the Northwest Corner of a "Plat of Survey"in accordance with the Plat Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's ~ Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey", and/ .... Point of Beginning; Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75'feet; Thence S34°15'13"E, 184.14 feet; Thence Northeasterly, 21.56 !ee!, along a 17~5.00 ~ot ra/gius curve, concave Southeasterly, whose 21.55 foot chord bears N59 16 32"E Thence' $27 11'..4.2"E 175.00 feet Thence S00°29'10"E 305.08 feet to the Northeast Corner of Stone Bridge Es. Utes, Part One, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 143,'or,the Records of the Johnson County Recorder's Office; Thence S89°30'50"W, along the North Lm~of said Stone Bridge Estates, Part One, a distance of 175.00 feet; Thence S00°29'10"E, along .s'aid~.North Line, 39.64 feet; Thence S89030'50"W, along said North Line, 242.27 feet, to the Nodiflwest'Corner thereof and a Point on the East Line of said Windsor Ridge, Part Fifteen; Thence N00029'10*W along said East Line, 636.66 feet, to the Point of Beginning. Said Tract of land contains 5.35 acres, more or less, and is subject to easements and restrictions of record. ~ Stonebridge - Part 3 , '~ Commencing at the Northwest Corner of the SoutheaSt Qu,a~er of Section 7, Township 79 North, Range 5 West, of the Fifth p~incipal Meridian; Thence\S89 58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridgc=\,Part Fifteen, in accordance with the Plat thereof Recorded in Plat BoOk 41, at Page 212, of the Re(~rds of the Johnson County Recorder's Office, 771.,8,9 feet, to the .,N, ortheast Corner of said Windsor~idge, Part Fifteen, and the Northwest Corner of a 'Plat of Survey in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; T~enc,e, S00°00'20"..W.,,, along the East Line of said Windsor Ridge, Pa. rt Fifteen, and,the West L~in,,e~oo,,f,,,~s~,d" 'Plat of Survey, 326.03 feet, to the Southwest Corner of said Plat of Survey'; Thence S00°29'1~'E, along said East Line, 636.66 feet, to the Northwest. Corner of Stone Bridge Estates, Part One, in ~ccordance with the Plat thereof, Recorded in Plat Bo~k 43, at Page 143, of the Records of the John~n County Recorder's Office; Thence N89°30'5q.'~:, alo,n~ t~e ,,,N, orth Line of said Stone Bridge Estuaries, Pad On,e; a distance of 242.27 feet; Th~ce N00 29 10 W, along said North Line, 39.64 feet; T,,hence N89 30'50"E, along said North Line, 175.00 feet, to the Northeast Corner there_of; Thence S0~°29'10"E, along the East Line of said Stone Bridge Estates, Part One, a distanc~ ~ _5_5:00.fa_e? to'~he Point of Beginning; Thence N89°30'50" E, !,25.00 feet; Thence N00°29'10"W, 33.65 feet; Thence~N89°30'50"E, 125.00 feet; Thence S07°10'18 E, 112.65 feet; Thence Northeasterly, 41.29 feet, alon~.a 260.00 foot radius curve, concave Northwesterly, whose 41.25 foot chord bears N78°16'43"E; Thence S16°16'16"E, Resolution No. Page 2 185.88 feet; Thence S86°05'38"W, 49.95 feet; Thence S08°31'10"W, 143.31 feet; Thence S16°58'33"W, 143.87 feet; Thence S27°21'32"W, 143.87 feet; Thence N57°26'58"W, 125.00 feet; Thence Southwesterly, 30.02 feet, along a 670.00 foot radius curve, concave Northwesterlyy~hose 30.01 foot chord bears S33°50'02"W; Thence N54°52'57"W, 179.65 feet; Thence N4,.3-c07'03"E, 27.89 feet, to the Southeast Corner of said Stone Bridge Estates, Part One; Thence,.~24~29'49"E, alon? t,h,e ,~ast Line of said Stone Bridge Estates, Part One, a distance of 75.~' feet; Thence N18 41 00 E, along said East Line, 75.54 feet; Thence N09°57'35"E, along sai~l/East Line, 75.55 feet; Thence N00°29'10"W, along said East Line, 145.42 feet; Thence N89°30'.~"E, along said East Line, 6.50 feet; Thence N00°29'10"W, along said East Line, 130.00 feet, to t~ Point of Beginning. Said Tract of land corr~ins 4.39 acres, more or less, and is subject to ease?flents and restrictions of record. ~. ~ Stonebridge - Part 4 ~ ~ Commencing at the Northwes~orner of the Southeast Qua~er ~t'Section 7, Township 79 North, Range 5 West, of the Fifth Princ~al Meridian; Thence S89"5.,~56"E, along the North Line of said Southeast Quarter, and the North 't, ine of Windsor Ridge, P~rt Fifteen~n accordance with the Plat thereof Recorded in Plat Book 41, of the RecOrds of the Johnson County Recorder's Office, 771.89 feet, ner of said Wind?bt Ridge, Part Fifteen, and the Northwest Corner of a "Plat of Survey" in with the PI ~thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson ; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, the W~st Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75 feet, to the Point ~ning; Thence continuing N87°46'23"E, along said South Line, and the Easterly Projection 199.85 feet; Thence S78°47'27"E, 68.87 feet; Thence S00°29'10"E, 116.07 feet; Thenc~ 94.34 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave whose 28.28 foot chord bears N44°30'50"E; Thence N89°30'50"E, 50.00 feet; ~ce S00°29'10"E, 90.00 feet; Thence Southwesterly, 111.65 feet, along a 326.30 foot radius concave Northwesterly, whose 111.11 foot chord bears S09°18'59"W; Thence S70°52'51"E, feet; Thence S01°20'11"W, 216.45 feet; Thence S40°54'52"W, 79.99 feet; Thence S89° 154.30 feet; Thence S00°29'10"E, 33.65 feet; Thence S89°30'50"W, 125.00 feet, to a Point of ti --asr Line of Stone Bridge Estates, Part One, in accordance with the Plat thereof Recorded in Book 43, at Page 143, of the Records of the Johnson county Recorder's Office; Thence along said East Line, and the East Line of Stone Bridge Estates, Part Two, in accordance the Recorded Plat thereof; Thence N27°ll'42"W, along the East Line of said Stone Bridge s, Part Two, a distance of 175.00 feet; Thence Southwesterly, 21.56 feet: alon,,g' a 175.00 .... \radius curve, concave Southeasterly, whose 21.55 foot chord bears S59 1632 W; Thence N34°~I~'13"W, along said East Line, 184.14 feet, to the Point of Beginning. Said Tract of land contains 4.27 a'~res, more or less, and is subject to easements and restrictions of record. '.~ WHEREAS, the Department of Planning and Community Development an~ the Public Works Department examined the proposed final plat and subdivision, and recommended ~,pproval; and WHEREAS, the Planning and Zoning Commission examined the final plat and ~u~bdivision 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 beenma"~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 o~'~,lowa (2001) and all other state and local requirements. ~ 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. Page 3 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 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 authorized and directed, uporC-..approval by the City Attorney, to execute all relating to said subdiw~i~n, and to certify a copy of this resolution, which affixed to the final plat after passage and.approval by law. The City Clerk shall legal documents and the plat at the office of ~the County Recorder of Johnson Iowa at the expense of the ownedsubdivider: Passed and approved this , day of ,2002. Approved by ATTEST: CITY CLERK "'-%~ Cit~'/f~o~n~'y"s O~ice It was moved by and seconded by % the Resolution be adopted, and upon AYES: ," NAYS: ABSE~T:~ Chami~iqn " Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppda dmin\res'~tone brid ge-fi nalplat .d cc Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (SUB02- 00004) RESOLUTION NO. 02-121 RESOLUTION APPROVIN6 THE EXTRATERRITORIAL PRELIMINARY PLAT OF LACINA MEADOWS, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Jerry and Clarene Halverson, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Lacina Meadows; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Lacina Meadows, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 2nd day of Apr_t.] ,20 02 Approved by CIT~' CLERK City~',{~o~'n~y's O"ffice Resolution No. 02-121 Page 2 It was moved by 0' 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 Witburn City of Iowa City MEMORANDUM Date: March 27, 2002 To: City Council From: John Yapp, Associate Planner '~,~/¢~j~-- Re: Lacina Meadows Preliminary Plat The March 21 staff repod for the Lacina Meadows preliminary plat refers to two deficiencies that needed to be resolved, the surface of the proposed new road, and the acceptance of the subdivision by the Hills Fire Department. The applicant has agreed to a chip sealed surface for the proposed Lacina Drive, which meets City rural design standards. The subdivision has also been accepted by the Hills Fire Department, and a dry fire hydrant has been added to the proposed pond at their request. The deficiencies noted in the staff report have been resolved, and there are no outstanding design issues associated with this plat. jccogtp\memos\lacinamdws doc STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB02-00004 Lacina Meadows Date: March 21,2002 Preliminary Plat GENERAL INFORMATION: Applicant: Jerry and Clarene Halverson 2100 Northgate Drive Coralville, IA 52241 Property Owner: Edith Lacina C/o Anne Webber 1275 16th Street West Des Moines, IA 50265 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Requested Action: Preliminary Plat approval Purpose: To create a 23-Lot residential subdivision Location: West of Dane Road, north of Osage Street, east of Naples Avenue Size: 80.13 acres Existing Land Use and Zoning: The property contains one house with outbuildings, the remainder is vacant; Suburban Residential, RS Surrounding Land Use and Zoning: North: Vacant; County RS South: Vacant; County RS and A1 East: Residential; County RS West: Vacant; County RS Comprehensive Plan: Fringe Area C: For land outside of Iowa City's growth area which is zoned for non-farm development, development may occur in accordance with the Johnson County Zoning Ordinance and City Rural Design Standards File Date: February 14, 2002 45 Day Limitation Period: March 31, 2002 2 BACKGROUND INFORMATION: The applicant, Jerry and Clarene Halverson, are requesting a preliminary plat of Lacina Meadows, an 80.13 acre, 23-Lot residential subdivision on the west side of Dane Road, north of Osage Street, and east of Naples Avenue. The property is zoned Suburban Residential, RS, and is located in Fringe Area C outside of the City's growth boundary. ANALYSIS: Compliance with Fringe Area Agreement: This property is in Fringe Area C, outside of the City's growth area. The Fringe Area Agreement between Johnson County and Iowa City states that: In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. City Rural Design Standards: The City Rural Design Standards are minimum standards for road and utility system design. The Lacina Meadows plat appears to conform to minimum City Rural Design Standards except for the design of Lacina Drive. The rural design standard for road surface is a 6-inch stone base and a 22-foot wide chipseal surface. The road cross- section on the proposed plat shows a road with a 6-inch stone base, and contains a note that asphaltic concrete possibly will be added to Lacina Drive in the future [italics added]. The rural design standards are minimum standards to give the roads that suppod platted lots a minimum amount of stability and dust-control. Staff will recommend that this plat be deferred until this design standard can be met. At a minimum, no building permits should be issued until the proposed road is chip-sealed or improved with another pavement surface such as asphalt. Because this property is in the Old Mans Creek Watershed and in the County, accommodations for stormwater management are not required, although a proposed pond is identified on the plat. Plat Design: The proposed plat consists of one new street, Lacina Drive, extendin9 between Dane Road and Naples Avenue. Sixteen lots are proposed to have access off of Lacina Drive. Three lots are proposed to have access off of Naples Avenue, two of which will share a driveway. Four lots are proposed to have access off of Osage Street, sharing two access points. Approximately 32 acres of open space is proposed. Letter of approval from Fire Protection District: The City Rural Design Standards also require a letter from the appropriate Fire Protection District, approving the location of hydrants, water system, etc. In this case, this subdivision is in the Hills Fire District. Requiring the 'fire protection infrastructure' to be approved by the appropriate Fire Protection District is also a means of making sure the fire departments are cognizant of new homes being constructed in their district. Staff recommends that the letter from the Hills Fire District be received prior to Council consideration. STAFF RECOMMENDATION: Staff recommends that SUB02-0000,~, a preliminary plat of Lacina Meadows, be deferred, 3 pending resolution of the deficiencies and discrepancies below. Pending resolution of the deficiencies and discrepancies below, staff recommends that SUB02- 00004, a preliminary plat of Lacina Meadows, an 80.13 acre, 23-1ot residential subdivision located in Fringe Area C west of Dane Road and north of Osage Street, be approved, subject to a letter of approval from the Hills Fire District being received prior to Council consideration. DEFICIENCIES AND DISCREPANCIES: 1. The detail on the plat needs to reflect the minimum City Rural Design Standards, which is a 6- inch stone base and a chipseal surface. Other paved surfaces may also be permitted. ATTACHMENTS: 1. Location map 2. Preliminary plat 3. City Rural Design Standards Robert Miklo, Senior Planner, Department of Planning and Community Development T/pcd/staffreporttemp~ate CITY OF IO ~:A CITY RFBH P SITE LOCATION: S 1/2 SE 1/4 Sec. 29-79-6, West Lucas Twp. SUB02-O0004 PRELIMINARY PLAT LACINA MEADOWS TO JOHNSON COUNTY, IOWA APPENDIX A Definition of Standards City Urban Desiqn Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of iowa City which the City imposes on any subdivision within the corporate limits of iowa City . City Rural Design Standards: 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1,2 ~ The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; .otherwise, the right- of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zonihg Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to %-inch per foot. / The pavement slab shall be constructed of a 6" rolled stone base and,~a 22-foot wide l Chipseal surface. 1.6 Minimu orner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1.0%. In addition, it will.be necessary to pJace a 12-inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. Drive approaches shall be hard surfaced within 'he right-of-way. 2.0 Water Distribution System 2. I Well(s) shall conform to the requirements of (he Johnson County Health Department and the distribution system, if installed, Iwater main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSi A21.50) or poly vinyl chloride pipe (PVC-ASTM 01784, Type 1,Grade 1, 200 psi design stress and SORer 17 or less). 2.2 It shall be the responsibility of the Developar's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from the appropr*ate Fire Protection District approving spacing, location, number of fire hydrants, s~ze of mares, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System ~s subject to City Council consideration based on availability. Generally. annexation is a criterion which must be met. 3.0 Sani[ery $~w~r All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewer~ "~ 4.1 With the exception of developments located in the Old Man's Creek Watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial -jurisdiction. 4.2 All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2'x½ ", 2~="x~ ", and 3"x1") shall be used. CuiraSs shall conform to the Standard Specifications for Hiqhway and Bridqe Construction, Series of 197~. Minimum cover over the top of culve~ shall be six inches. 5.O Underqr0und Utilities 5.1 Whenever a subdivision shal~ be lald out such that a new street is required, telephone and elastic utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property· Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ACCEPTING PAYMENT OF $300.00 CiVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM NORTH DODGE EXPRESS WHEREAS, on January 9, 2002, Brandy Made Gerlits was convicted/pled guilty in Johnson County District Court, Case No. STIC118610 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Gerlits was an employee of the establishment operating under the retail cigarette permit issued to North Dodge Express, Iowa City, Iowa 52245; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 1, 2002, North Dodge Express waived its right to the heating required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to heating and payment of $300.00 civil penalty on behalf of North Dodge Express. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-122 RESOLUTION ACCEPTING PAYMENT OF $300.00 CiVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM NORTH DODGE EXPRESS WHEREAS, on January 9, 2002, Brandy Made Gerlits was convicted/pled guilty in Johnson County District Court, Case No. STIC 118610 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Gerlits was an employee of the establishment operating under the retail cigarette permit issued to North Dodge Express, Iowa City, Iowa 52245; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 1, 2002, North Dodge Express waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of North Dodge Express. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: April 2~ 2002 City ~lerk~ City of Iowa City Resolution No. 02-122 Page 2 It was moved by Vanderhoef and seconded by Kanner 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 04-02-02 ~ 9 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUTION ASSESSING $300.00 CiVIL PENALTY AGAINST NORTH DODGE EXPRESS WHEREt~ S, on January 9, 2002, Brandy Marie Gerlits was convicted/pled guilty County D}strict Court, Docket No. STIC118610 of violating Iowa Code § 4533 and WHEREAS, at the time of the violation underlying the above c employee of the establishment operating under the retail ci North Dodge Express, 2790 No/th, Dodge Street, Iowa City; and WHEREAS, pursuant t9 Iowa Code § 453A.22(2), holds a retail cigarette permit shall be subjected to a civil penalty convicted of or pleading guilty to a ~)iolation of Iowa Code § 453A.2(1 ) ; and proper notice; and WHEREAS, a hearing was h¢ld'~n this date by the City to determine whether to assess the civil penalty against North D6i~lge Express g the City Council heard the facts of the violation and the arguments of.the permitee; WHEREAS, this violation is the of North Dodge Express to be considered by the Cit) § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED I THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of: ge Express. BE IT FURTHER RESOLVED, that has twenty (20) days from the date of this Resolution to pay the in full, penalty is not timely paid the retail cigarette permit held by I be suspended for a period of fourteen (14) days. that the City Clerk will fi copy of this Resolution to the Johnson County Attorney's ~ which will then provide a ( ' df the same to the retail cigarette permit holder via ular mail sent to the permit 31ace of business as it appears permit. Mayor, City of ATTEST: City Clerk, City of Iowa City Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-123 RESOLUTION ASSESSING $300.00 crVIL PENALTY AGAINST MUMM'S SALOON AND EATERY WHEREAS, on January 10, 2002, Jennifer Lynn Oltz was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118609 of violating Iowa Code § 453A.2(I); and WHEREAS, at the time of the violation underlying the above conviction/plea, Oltz was an employee of the establishment operating under the retail cigarette permit issued to Mumm's Saloon and Eatery, 21 West Benton Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Mumm's Saloon and Eatery and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of Mumm's Saloon and Eatery to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Mumm's Saloon and Eatery. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: April 2, 2002 Mayor, City of Iowa City ATTEST: ¢[-~,....~--,~-~ 5(/5 ~4.,J City ~lerkT, City of iowa City Resolution No. 02-123 Page 2 It was moved by VnnrlprhnP~ and secq, nded by Wi lhurrl the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum lob I D T-O/W COMPLAINT-- ' ..... [] OO 1~ S;C&R IOWA UNIFORM CITATION AN ......... []~R'~"~"r~ NpN'RES=ff ~ ~U~Vl/ffLAINT ~ HJ~ON_~I8 ' IOWA CI~ ARMED ¢E8 NO B City of: IOWA Cl~ . ~1 In the Court at__ 417 & CLINTON 81R~ JOHN$ON COON~ COU~THOU$E Middle DL Cl~~ _ D~ End D' "-' - DOB~ ~_Race ~~ - The unde~igned states that on or a~ut~ 77 ~ ,~ m~ Wt. ~ ' defendant did unlawfully. .. _~ at~ ~ ~ AM · o. Day r. O~rateMotor Vehicle~oat (descdbe)Zd~/ '~d2~ /9. -. ' --"/ ~ CMV OYes ~No Haz~..~, ~ - _ ~/~ ' = t ~v~at cmo, Req, U Yes ~ No US DOTP ' Reg. p_ State Upon a public highway at~~ --Year Located in ~e county and state afores~d and did ~en and there commit the following offense: ~Traffic ~ Navigation ~ Snowmobile/ATV ~Fish-Game OParks ~SClleduled Vie/Fine ~ ~ ~ ~1 Sarch~ge $~ ~ ah'cd (805. ~(~) Cou~ Costs ~ff Violation Speed In ___ Zone-Sec. ~ _ k Code DATA CODE _ FeWAdm. Code _--~ Local Ord. l ceffify under penalty of perjury and f the State of Iowa that the C E R T I F C A T E precedin~ U~e and cmzect. ~he, I. L~ema Berkley Clerk ~¢f the ihsf-,c Mo Day Yr ~~ ....... complete copy of the Orig hal instrument, s Court ' whic d es notje u/re an a ~arance, re th office consisting of [ urges c~a~ ~ ~ P~ ~ above named cou~ on: INTESTIMONY~EREOF +nave~,rcu~tr ~/ / ~ff ~ at ~ ,'~0 --~M BPM . Yg'~emyunsecu(edap?aranceboCd,n~e~f~O ' doll~sandentermywritten ~ppe~ance I agree ~at If I fall to appear m per~or by counsel to defend - ' ' - m this citation, the coufl is author[~d to enter a conviction and rvnder judgment against amount of my appearance bond in satisfaction of the penalty nd surch~ge ptus court costs, me for ~e Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-124 RESOLUTION SUSPENDING RETAIL'CIGARETTE PERMIT OF DEADWOOD TAVERN FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on December 1 l, 2001, Jennifer Deirdre Crosby was convicted/pled guilty in Johnson County District Court, Docket No. STIC 126941 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Crosby was an employee of the establishment operating under the retail cigarette permit issued to Deadwood Tavern, 6 S. Dubuque Street, Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against Deadwood Tavern and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby suspends the retail cigarette permit of Deadwood Tavern for a period of thirty (30) days, as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that said retail cigarette permitee has ten (10) days from the date of this Resolution to surrender its retail cigarette permit to the City Clerk who will hold it for a period of thirty (30) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSEDAND APPROVED: April 2, 2002 Ci"ty Ch~erk-, City of lowa City Resolution No. 02-124 Page 2 It was moved by Vanderhoef and secqjqded by Wilburn 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 41lb [] T-C/W COMPLAINT Jif_ RES [] NON-RES~ [] HIS ~-NON-HIS [] OC .~ S-C&R IOWA UNIFORM CITATION AND COMPLAIN~RMED [] YES ~ NO IOWA ,CITY POLICE DEPARTMENT . Stateo,'lo,¥a N.o 126941I [~ Count3 o1: JOHNSON In lhe C~mrt,~t 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE Defendant. Last First Middle Address ~r~ ZX ~r.~ ~ & City ~o~'~dl~'-IL.e.-- ~ Stat~ Zip ~[~ 77~~ /;- Y6~7~ State~Co.~ DL Class ~- ~ ~ DL End_ DL Rest. DOBO~ /O~ ~ Race g'~Sex~Ht. ~2~ Wt.]~~ Theundersgnedsates~a onorabou~ /D ]~/~2 a ~J?~ nAM~M defender did unlawfully: t Mo. ~y ¢ Opera e Mo or Veh c e~oa (descfibe)/~o ~~_ CMV ~Yes 0No H~Mat Pla~.Req. ~Yes ~No USDOTP Reg. * State Upon a pt~blic highway a, ~ ~ ~~ C~ Located in the county and state aforesaid and did then and th~e~mit ~ following off~nse: UTramc n Navigation ~ S~owmobile/ATV ~-Gam~ UParks S~rcharg¢ $ Court Co~ $__ , ~1. ~ ~. ($1~cc~dent ~ ~ ~ ~ml Accident vii ~age Assessment Speed In Zone-Sec. g [- ~IA Code DATA CODE Fe~Adm. Code _ Local Ord. Dated~ ~/~/ ~ / ~~ : l [pr~m~set~ap~eari"sa:~c~ur~s"~dm~"~ace~r~j~cmp~ywit~t~epr~v~s~n~nthe~n~mp top of ~e reverse side of~he citation. ~A --~ '3. Ihe~bygivemy ........ ed appeara~ce bond in the ...... ~ _ dollm'sandentermywri[ten in this c~tio~, the c0ufl is authorized toeBter aco~vicdona~d render judgment against ~le for thc Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-125 RESOLUTION SUSPENDING RETAIL'CIGARETTE PERMIT OF CITY NEWS & BOOKS FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on November 20, 2001, Logan Matthew Shaw was convicted/pled guilty in Johnson County District Court, Docket No. STIC 126940 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Shaw was an employee of the establishment operating under the retail cigarette permit issued to City News & Books, 113 Iowa Avenue, Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against City News & Books and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby suspends the retail cigarette permit of City News & Books for a period of thirty (30) days, as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that said retail cigarette permitee has ten (10) days from the date of this Resolution to surrender its retail cigarette permit to the City Clerk who will hold it for a period of thirty (30) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:~ City ~lerk, City of Iowa City Resolution No. 02-125 Page 2 It was moved by Kanner and secqnded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~' Lehman X O'Donnell X Pfab X Vanderhoef × Wilbum T-C/W ~, ' CObIPLAINT [~, RE~ E]~.NON-RES- 9¢ ¢.ZOSR [] vEs, .O IOWA UNIFO~ CITA~ON AND COMPLAI~M ED YES ~NO IOWA CI~ ~LICE DEPARTMENT ~ County et: JOHNSON , o: ~ City of: IOWA CI~ 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE C2~ ~ ~.'~ Stat~ip ~~ Class ~ DL End ~ DL Rest. The undersigned states that on or about~ L ~[O~ ar :}~ ~ ~_~ ~ AM~PM defendant did unlaw fully: - Mo~ Da~ Yr.. ,) Operate Motor Vehicle/Boat (describe) ~ 1~ ~t~ CMV ~Yes ~No HazMatPlac. Req. ~Yes ~No USDOTf_ t Upon apublic highway at. ~~~ ~',~ Located in the county and state aforesaid and did then and ~ere comet the following offense: UTraffic ~Navigation ~Snowmobile/ATV ~Parks ~md (805 10) ~ P.D. ($ I~ccident Speed ~/ ~ Code DATA CODE FeCAdm. Code Local Ord. I ceni/~ under penalty of perju~ and ursu aws of the State of Iowa that the prece~ng is true and co~ect. CEHDFICATE I l, _ k~ema B~rkley , Clerk of the District ~ Mo Day Yr. Officer's Signatu~ 'IIDNo.~ COU~ Of the State of ~owa. in on~ for 3ohnson [ C0~nW ~ heregy cem~ thal this i5 ~ true an~~ Corot Date: If you must appear in court or if you choose to appear to answer a charge f ed~ this [ . //Mo. / ~Day YrO / at ~ ~ C~ ~AM ~ PM office ~nsisti~g of ~ pa?s. / NuTICE: Providing hlse intbnnadon is a violation of Section 719.3 of the Code of IN TESnMONYm~EF1EOr have Iowa and is puaishable as an agdavated misdemeanor. atmye~e~810wa CfW J0wa~h~s---grin Ha ~~~is _~01 ~X t ~. [. 1 hereby s~vea, and affirm that the information provided by ..... this citation is t ...... der penalty Tile fi,nowing applies to simple misdem ......... fy: ~ ~/~ ~ ~ ~ Signatm'e of Defendant Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-126 RESOLUTION AUTHORIZING CONVEYANCE OF THE NORTH 182 FEET OF THE ALLEY IN BLOCK '102, LOCATED BETWEEN BURLINGTON AND COURT STREETS TO THE HIERONYMI PARTNERSHIP. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating the north 182 feet of the alley in Block 102, located between Burlington and Court Streets; and WHEREAS, the City has entered into a contract for the purchase of property on the east half of Block 102 from the Hieronymi Partnership, which contract is contingent upon the City's vacation, and execution and delivery of a written offer to convey the subject alley property to the Hieronymi Partnership subject to a temporary construction easement for construction of the Near Southside Transportation Center and permanent utility easements in favor of the City, in exchange for the dedication and conveyance of a 20-foot by 150-foot parcel of property between Clinton Street and the southern border of the subject alley property; and WHEREAS, on February 26, 2002, the City Council adopted a resolution declaring its intent to make said conveyance on said terms and conditions; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that the conveyance of the subject alley property, subject to a temporary construction easement for construction of the Near Southside Transportation Center and permanent utility easements in favor of the City, in exchange for the dedication and conveyance of a 20-foot by 150-foot parcel of property between Clinton Street and the southern border of the subject alley property to the City, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written offer, in a form approved by the City Attorney, to convey to the Hieronymi Partnership the north 182 feet of the alley in Block 102, Original Town, Iowa City, Iowa, upon terms and conditions substantially in compliance with the following: a) The Hieronymi Partnership shall be required to grant to City a temporary construction easement over and upon said alley property for a term of no less than two (2) years, via written easement agreement acceptable to the City Attorney, for City's construction of the Near Southside Transportation Center. b) The Hieronymi Partnership shall be required to grant to City permanent easements, via written permanent easement agreements acceptable to the City Attorney, for any and all services and facilities, including storm water drainage and/or detention, sanitary sewer, electricity, telecommunications lines and other utilities currently located within the alley property to be conveyed. c) The Hieronymi Partnership shall be required to dedicate and convey in fee simple to the City, via legal documents acceptable to the City Attorney, the south 20 feet of the parcel of land described as the north 42 feet of Lot 6 in Block 102, Original Town, Iowa City. Resolution No. 02-126 Page 2 d) The Hieronymi Partnership shall be required to close, take possession of the subject alley proper~y, transfer possession of the property to be dedicated to the City and meet all other terms and conditions of the offer, on or before August 1, 2002. 2. The Mayor and City Clerk are hereby authorized and directed to execute, and the City Attorney is authorized to deliver, said written offer to the Hieronymi Partnership. 3. The Mayor and City Clerk are hereby authorized and directed to execute a deed and and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to deliver said documents to the Hieronymi Par[nership. Passed and approved this ?nd day of April ,20 02 . CIT'¢' CLERK - ' " - mitchlNNSTCIhieronymilalleyconveylres-convey doc Resolution No. 02-126 Page 3 It was moved by Vanderhoef and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X " Lehman × O'Donnell X Pfab ){ Vanderhoef X Wilburn Prepared by: Stephanie Hubler, Asst. Housing, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5400 x14 RESOLUTION NO. 02-127 RESOLUTION APPROVING THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and WHEREAS, the Annual Plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: 1. The Iowa City Housing Authority's updated Annual Plan be approved. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development Passed and approved this 2nd day of Ap~'i ] ,20 02 Approved by CITY 'CLERK City Attorney's C~ffice It was moved by Vandephoef and seconded by 0' Donne11 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 April 2 ,2002 The City Council of Iowa City, Iowa, met in regular session, in the Enuna J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion, Kanner~ Lehman, O'Donnell. Pfab. Vanderhoef~ Wilburn Absent: None -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of $8,480,000 General Obligation Bonds in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summat-j of objections received or made, if any) -2- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $610,000 of General Obligation Bonds in order to provide funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas; general corporate purposes; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -3- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $680,000 of General Obligation Bonds in order to provide funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements; general corporate purposes; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the'Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -4- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $230,000 of General Obligation Bonds in order to provide funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center; general corporate purpose~; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -5- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds in order to provide funds to pay costs of the acquisition and construction ora transit intermodal facility; a general corporate purpose; and that notice 'of the proposal to issue said bonds and the fight to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been flied in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -6- it3 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Yanderhoef introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ., 2002, at this place. Council Member ?fab seconded the motion. The roll was called and the vote was, A~S: LEhman, O'Donnell. Pfab, Vanderhoef. Wilburn. Champion NAYS: Konner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-128 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $8,480,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments, and has considered the extent of objections received from residents or -7- property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of $8,480,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects ~.o reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of April ,2002. Mayor ATTEST: City~'-Clerk -8- 04.-02-0~ Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $610,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ., 2002, at this place. Council Member 0' aonnel 1 seconded the motion. The roll was called and the vote was, AYES: Lehman~ O'Donnell~ Pfab~ Vanderhoef~ Wilburn, Champion NAYS: Kanner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-129 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $610,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $610,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -9- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $610,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of April ,2002. Mayor ATTEST: -10- 04-02-02 Whereupon, Council Member Vanderhoef in~'oduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOLTRN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,2002, at this place. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion NAYS: Kanner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-130 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $680,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -11- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $680,000 General Obligation Bonds for tlxe foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of Apri 1 ,2002. Mayor ATTEST: City Clerk -12- Whereupon, Council Member Pfab introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $230,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. [] to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ., 2002, at this place. Council Member Yanderhoef seconded the motion. The roll was called and the vote was, A~S: O'Donnell, Pfab, Vanderhoef, Wilburn, Champion, Lehman NAYS: Kanner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-131 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $230,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $230,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereofi -13- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $230,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasm~ Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this ?nd day of April ,2002. Mayor ATTEST: City'Clerk -14- Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: [] that the Resolution be adopted. I--I to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,2002, at this place. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Pfab, Vanderhoef~ Wilburn~ Champion~Lehman, 0'Donnell NAYS: Kanner Whereupon, the Mayor declared the measure duly adopted. Resolution No. 02-132 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the acquisition and construction of a transit intermodal facility, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereofi -15- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for tl/e foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of Apri 1 ,2002. Mayor ATTEST: -16- Council Member 0' Donne11 introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $29,100,000 GENERAL OBLIGATION BONDS," and moved its adoption. Council Member Wi 1 burn seconded the Resolution to adopt. The roll was called and the vote was, AYES: Vanderhoef~ Wilburn~ Champion~ Kanner~ Lehman, O'Donnell, Pfab NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-133 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $29,100~000 GENERAL OBLIGATION BONDS WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $8,480,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on April 2, 2002, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof; -17- WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the acquisition of real estate, constructing an addition to and improving and equipping the city public library, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $18,400,000, as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, this Council, pursuant to Section 384.26 of the City Code of Iowa, did legally call a special City election, fixing the time and place thereof and did legally submit to the qualified electors of said City the proposition of issuing general obligation bonds in an amount not exceeding $18,400,000 for the purpose of providing funds to pay costs of the above described general corporate purpose project, and did give legal sufficient and timely notice of the election and the time, place and purpose thereof; and that said special City election was duly and legally held and conducted on November 7, 2000, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections, and the affirmative vote on said proposition was equal to more than 60% of the total vote cast for and against said proposition and said proposition was declared duly adopted. WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $610,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $680,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $230,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, the City of Iowa City, Iowa, is in need of' funds to pay costs of the acquisition and construction ora transit intermodal facility, a general corporate purpose prqject, and it is deemed necessary and advisable that the City issue general obligation -18- bonds for said purpose to the amount of $700,000 as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, said City has a population of more than 5,000 but not more than 75,000, and the amount of the said proposed bond issue is not more than $700,000.00; and WHEREAS, pursuant to notice published as required by Section 384.26 of the City Code of Iowa, this Council has held public meetings and hearings on April 2, 2002, upon the proposal to institute proceedings for the issuance of the above described bonds; and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of said Code; and it is the decision of the Council that additional action be taken for the issuance of said bonds and that such action is considered to be in the best interests of said City and the residents thereof; WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed appropriate that the various general obligation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Finance Director and/or City Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Press-Citizen, a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, onthe 16th dayof ^pril ,2002, at 7:00 o'clock _[P.M., will hold a meeting to receive and act upon bids for said bonds; said notice to be in substantially the following form: -19- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director in the City of Iowa City, Iowa (the "Issuer") at 11:00 A.M., on the 16th day of April, 2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat Hall, Civic Center, 410 East Washington Street, at a meeting of the City Council on the above date at 7:00 o'clock P.M. The bonds to be offered are the following: GENERAL OBLIGATION BONDS, Series 2002, in the amount of $29,100,000, to be dated May 1, 2002 (the Bonds"). Official Statement: The Issuer has issued an Official Statement ofinforrnation pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Evensen Dodge, Inc., 601 2nd Avenue South, Suite 1800, Mixmeapolis, MN 55402, Telephone: (612) 338- 3535. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. s/Marian K. Karr City Clerk of the City of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 2nd day of Apri 1 ,2002. Mayor ATTEST: City"-Clerk pGOODRICHX314306\I\10714.071 -21- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director in the City of Iowa City, Iowa (the "Issuer") at 11:00 A.M., on the 16th day of April, 2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as s~[ated below. Sale and Award: The sale and award of the bonds will be held e'Emma J. Harvat Hall, Civic Center, 410 East Washington Street, at a meeting on the above date at 7:00'0~4,ock P.M. The bonds'l~ be offered are the following: GENE~M~ OBLIGATION BONDS, in the amount of $29,100o000, to be dated May 1, 20 Bonds"). Official Statement: Issuer has issue pertaining to the a statement of the Terms of Offering and an Official Bid Form, which i reference as a part of this notice. The Official Statement may be to the Finance Director, Civic Center. Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, 601 2nd Avenue South, Suite 1800, Minneapolis, MN 55402, ,338-3535. Terms of Offering: in conformity with and the sale shall be in accord with the Terms of Legal Opinionv'Said bonds will be ect to the opinion ofAhlers, Cooney, Dorweiler, Haynie, ,Sinith & Allbee, P.C., ,s of Des Moines, Iowa, as to the legality and their opinion ydll be furnished the printed bonds without cost to the purchaser and al)"bids will be so conditioned, extent necessary to issue their opinion as to ~e legality of the bonds, the s will not examine or review or express any opinion ¢ith respect to the accuracy ~ of documents, materials or statements,made or furnished in connection with issuance or marketing of the bonds. ;Rights Reserved: The right is reserved to · or all bids, and to waive any irregularities as deemed to be in the best interests of the , By order of the City Council of the City of IowaIowa. City Clerk of the Cie Iowa (End of Notice) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 02-134 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2003 THROUGH 2005 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2006. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 19, 2002, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2003 through 2005 and the multi-year Capital Improvements Program through Fiscal Year 2006. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 2nd day of Apr'i.] ,2002. /'~ Approve~Lby~ . (~IT'C'.CLERK City Attorney's Office finadm\res\~nplan doc Resolution No. 02-134 Page 2 It was moved by ChamDion and sec~..nded by O' Dnnnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ~.7~ ~ ~ I 04-02-02 23g I Prepared by: Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-135 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY02 BRIDGE MAINTENANCE 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 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% (ten percent) 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. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 11:00 a.m. on the 23"~ day of April, 2002, 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. Thereafter the bids will be opened by the City Engineer or his 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 Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 7th day of May, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 2nd day o~ ,20 02 Resolution No. 02-135 Page 2 It was moved by Pfab and seco. nded 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 Wilburn Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO.' RESOLUTION AUTHORIZING EXECUTION OF AN ADMINISTRATIVE SERVICES AGREEMENT BE'rWEEN THE CITY OF IOWA CITY AND PROJECT GREEN, INC. WHEREAS, Project Green, Inc. has now been fully incorporated under the laws of the State of Iowa effective May 17, 2001 as an Iowa not-for-profit corporation, and is thereby an independent private entity; and WHEREAS, when the City Council passed Resolution No. 02-13 that rescinded Resolution No. 770 and Resolution No. 71-253 and that disbanded the Project Green "Green Fund" as a City entity on January 8, 2002, it still intended to provide accounting services to Project Green; and WHEREAS, in order to continue to provide in-kind support for the much-needed services of Project Green, it is in the public interest for the City to enter into an administrative services agreement with Project Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it in the public interest to enter into an administrative services agreement as a reasonable means of providing ongoing in-kind support for Project Green, Inc. 2. The attached Agreement is approved, and the City Clerk and Mayor are hereby authorized to execute the Agreement on behalf of the City. 3. The City Manager, or designee, is hereby designated and authorized to administer this agreement for its duration. Passed and approved this day of ,2002. MAYOR Approved_by ATTEST: ~ ~J:--~:b, CITY CLERK City Attorney's Office Sue~ord&res~rojectgreen doc ADMINISTRATIVE SERVICES AGREEMENT This Agreement is entered into between the City of Iowa City (hereinafter "City"), a municipal corporation, and Project Green, Inc. (hereinafter "Program"), an Iowa not-for-profit corporation. I. INTRODUCTION The parties enter this Agreement to specify the duties, rights, terms, and conditions under which City will provide banking, bookkeeping, and accounts-payable services to Program. II. DUTIES City will provide banking, bookkeeping, and accounts-payable services for the Program at no cost to the Program. II1. INDEMNITY To the extent not expressly prohibited by law, Program agrees to indemnify, save, protect and hold forever harmless, City from and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses, which City may become liable or obligated by reason of, resulting from or in connection with any matter within the Agreement, including but not limited to any breach or default on the part of Program in performance of any covenant, agreement or obligation on the part of Program performed pursuant to the terms of this Agreement or any other act or omission of Program, its agents or employees. In case of any action or proceeding brought against City by reason of any such claims, Program covenants to defend such action or proceeding by counsel reasonably satisfactory to City. IV. TERMINATION Either party may terminate this Agreement, without cause, upon thirty (30) days written notice to the other party. V. DURATION This Agreement shall be effective from midnight, the date of execution, through midnight, March 31, 2007, unless otherwise terminated under Section IV a'bove. Upon mutual agreement, the parties have the option to renew the agreement for one (1) five (5)-year term. Program will notify the City in writing on or before March 1, 2007 if it is interested in renewing the agreement. VI. NONDISCRIMINATION Program shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. VII. (GENERAL A. City and Program specifically acknowledge Program is a private, not-for-profit corporation, that Program's employees are not City employees, and that nothing contained in this Agreement, nor any act by Program or the City, shall be deemed or construed to create any relationship of third-party beneficiary, employer and employee, principal and agent, or any association or other relationship involving City. Further, neither City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Program conducts its activities. City and Program further acknowledge Program is an independent entity. B. This Agreement sets froth the entire understanding between the parties, and may be changed only in writing and signed by both parties. C. Neither party may assign this Agreement without the written consent of the other. D. This Agreement shall be construed under the laws of the State of Iowa. E. In the event any portion of this Agreement is found invalid, the remaining portions shall be severable and shall remain in full force and effect. Dated this day of ,2002. CITY OF IOWA CITY PROJECT GREEN, INC. Ernest W. Lehman, Mayor (Title) Attest: Marian K. Karr, City Clerk (Title) Approved by: City Attorney's Office sue/pr~green-agt, doc 2 Prepared by: Janet Lower, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5145 RESOLUTION NO. 02-136 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE RIVERSIDE DRIVE ARTS CAMPUS STORM SEWER PROJECT - PHASE III. WHEREAS, the City of Iowa City desires to construct the Riverside Drive Arts Campus Storm Sewer Project - Phase III ("Project") which includes storm sewer construction from Riverside Drive to Ferson Avenue and water main construction from Riverside Drive to Highway 6; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, NNW, Inc. has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Riverside Drive Arts Campus Storm Sewer Project - Phase III, which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee, in consultation with the City Public Works Department and/or the City Attorney's Office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 3. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. Resolution No. 02-136 Page 2 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property .rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Passed and approved this 2nd day of Apri 1 ,20 02 . Approved by ATTEST: '~.z~...,~- ¢ CITY'CLERK City ~,tt~r~'e~s Ol~,e It was moved by Champi on and seconded by Pfab 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 pweng\res~riversideph3,doc 3~02