HomeMy WebLinkAbout2010-08-31 ResolutionM-~ c~
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. ~ ~-~~o
RESOLUTION TO ISSUE DANCING PERMIT
a c. (~~)
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Union Bar - 121 E. College Street
Passed and approved this 31st day of August , 2010
MAYOR
Approved by
~~ p ~
ATTEST: ~-L~ 'icti I~,9-~.~^. t~~~b~~7~1 -~~ti~
CIT CLERK City Attorney's Office ~ ~~~„'
It was moved by wriQht and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~ Bailey
_
X Champion
~ Dickens
_
x Hayek
x Mims
Wilburn
_~~
x Wright
~~~ 2e 1
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. ~ n_~R1
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL
STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of Mortgages executed by the
owners of the property on December 15. 2000, and recorded December 28. 2000, in
Book 3027, Page 244 through Page 248, and in Book 3027, Page 249 through Page
253, and in Book 3027, Page 254 through Page 260; and on August 29, 2001, recorded
September 5, 2001, in Book 3128, Page 625 through Page 631, and in Book 3128, Page
632 through Page 636 Johnson County Recorder's Office, covering the following
described real property:
Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to
the recorded plat thereof
WHEREAS, University of Iowa Community Credit Union is refinancing a loan and is
securing the loan with a mortgage, on the real estate described above; and
WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the
loan of University of Iowa Community Credit Union, secured by a proposed mortgage in
order to induce University of Iowa Community Credit Union to secure first position on
such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Resolution No. 10-381
Page 2
Passed and approved this 31st day of a,~g„Gr , 20~_~
MAYOR
~-p,prove by
ATTEST: ~ r
CITY ERK City Attorney's Office
It was moved by Wright and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Dickens
~_ Hayek
~_ Mims
x Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the
amount of $40,829, and where executed by Beniamin T Schmidt and Lisa R. Schlesinger
(herein the Owner), dated December 15, 2000, recorded December 28, 2000, in Book 3027,
Fage 244 through Page 2~8, and dated GGecember 1ci, 200x, recorded D€cemuer 28, 200Q in
Book 3027, Page 249 through Page 253, and dated December 15, 2000, recorded December 28,
2000, in Book 3027, Page 254 through Page 260, and dated August 29, 2001, recorded
September 5, 2001, in Book 3128, Page 625 through Page 631, and dated August 29, 2001,
recorded September 5, 2001, in Book 3128, Page 632 through Page 636Johnson County
Recorder's Office, covering the following described real property:
Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to the recorded
plat thereof
WHEREAS, the Financial Institution proposes to loan the sum of $72,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by
the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortgages held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgages of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
s~
Dated this ~l day of ~ ,c,u~~ , 20~.
CITY OF IOWA CITY
By /~''~~
Mayor
FINANCIAL INSTITUTION
By ~~>la~~~~ ~Zf~~7~?
Attest:
~~~ ~
City rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
s~ 20 / O ,before me, the undersigned, a Notary
On this 31 ~' day of -A~,c.~~-.s'~ ,
Public in and for the State of Iowa, personally appeared tVf,a.-~-~4~ ~ ~-ln.~•e ~ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say at they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (~~ea)
(Resolution) No. !O -- 3 S t passed (the Resolution adopted) by the City Council, under Roll Call
No. ~-------- of the City Council on the ~~ >:T day of .~~s~~~ , 20 i t~ ,and
that ~' and Marian K. Karr acknowledged the execution of the
instrument to be their volu ary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
~,Nac s SONDRAE FORT S err.~~'! ~~
z° ~ Commission Number 159791
• My Comm~sQ~~ Aires Notary Public in and for the State of Iowa
iow 3
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on b'/ r ~ 20 %~ by
~ ~ r ~~
~(yjc~ ~o WI ^(~tame(s) of person(s)) as 0 ~' ~~ r ~ (type of
1 ~ N"
authority, e.g, officer, trustee, etc.) of z~t~-~w~~ ~G-~~`~~+~~~ (name of
party of behalf of whom instruments was executed) .
a~~~ RYAN DOEHRMANN ~,~ :2~~/1/~
o~ m~ Commission Number 734144
z My Com fission Expires Notary Public in and for the State of Iowa
r S~
IOWA
My Commission expires: ~ / ~ ~ W
0 -3 -
M~~ 2e 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. ~ n_~R~
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND TWO RIVERS BANK AND TRUST, CORALVILLE,
IOWA FOR PROPERTY LOCATED AT 355 EAST IOWA AVENUE, IOWA
CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage which is
attached as an exhibit to an Agreement, executed by the owner of the property on June
19, 2002, and recorded on July 28, 2003, in Book 3597, Page 397 through Page 415 in
the Johnson County Recorder's Office covering the following described real estate:
Unit 1C, Tower Place and Parking, a horizontal property regime, according
to the Declaration thereof recorded in Book 3021, Page 467, records of
Johnson County, Iowa, as amended by the Amendment to Declaration
recorded in Book 3062, Page 797, records of Johnson County, Iowa,
including all interest in the common elements as set out in said Declaration
WHEREAS, Two Rivers Bank and Trust is executing a 90-day loan in the amount of
$100,000 to the owner of the property located at 355 East Iowa Avenue and is securing
the loan with a second mortgage, on the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of Two Rivers Bank and Trust, secured by a proposed mortgage in order to induce
Two Rivers Bank and Trust to secure first position on such a loan; and
WHEREAS, Two Rivers Bank and Trust has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Two Rivers Bank and Trust; and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
as a third lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Two Rivers Bank and
Trust, Coralville, Iowa.
Passed and approved this ~~ Gr day of August , 201.E-•
MAYOR
Resolution No. 10-382
Page 2
ATTEST: ~
C Y ERK
A proved by
~~~~.~.~ g ~ - ~ o
City Attorney's Office
It was moved by _ and seconded by Champion the
Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
_~ Bailey
X Champion
~ Dickens
x Hayek
x Mims
~_ Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Two
Rivers Bank and Trust, Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Mortgage attached as an exhibit to an
Aareement which at this time is in the amount of 225 000, and was executed by United Action
for Youth, (herein the Owners), dated June 19. 2002, recorded July 28, 2003, in Book 3597,
Page 397 through Page 415, Johnson County Recorder's Office, covering the following described
real property:
Unit 1C, Tower Place and Parking, a horizontal property regime, according to the
Declaration thereof recorded in Book 3021, Page 467, records of Johnson County,
Iowa, as amended by the Amendment to Declaration recorded in Book 3062, Page
797, records of Johnson County, Iowa, including all interest in the common elements
as set out in said Declaration
WHEREAS, the Financial Institution has loaned the sum of $100,000 on a promissory note to be
executed by the Financial Institution and the owner, securing a mortgage, covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Agreement and Mortgage held by the City be subordinated to the lien of the mortgage proposed
to be made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Aareement and Mortgage held by the City is and shall continue to be
subject and subordinate to the lien of the mortgage about to be made by the Financial
Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Agreement and Mortgage of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this ~~'~~~ day of / e ~;-7 , 20 ~~
CITY OF IOWA CITY
By lam- ~ ~~--_
Mayor
FINANCIAL INSTITUTION
~~~
~~~ ~ .
By ,,..
Attest:
City rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 3~ s%" day of /~+~-~,~s -- , 20 10 ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ~, rte'. ~ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa hat they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (O~itaa~aee)
(Resolution) No. ~o-- 3~i~ passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 3r S-= day of ~~G~~sT , 20_x, and
that ~ '~> ~ w ~ !L and Marian K. Karr acknowledged the execution of the
instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
o~.~'^<s SONDRAE FORT I
2 ~ Commission Number 159791 ~tmc~~-~- V-C~7
• My Commission Expires Notary Public in and for the State of Iowa
iow 3 aal.~
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~)} day of
and for the State of Iowa,
personally known, who
behalf of said corporati
~~ , 20 lC~ ,before me, t~h~ undersigned, a Notary Public in
personally appeared ~~i~ /~- ~~--~~U~^~? ''~ to me
being by me duly sworn, did say that he/she is the
of ~lnr~'~~ty`'~S ~~~~ ,that said instrument was signed on
~n by authority of its Board of Directors; and that said
acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and qy him/her voluntarily
.,
~~-~------r~-
~,~~,~ ~,.~, GL®RIA GRAHAM /
commdeelon Number 738078 ~ ~ ublic i ~'n for the State of Iowa
• ow ~or~~aleelon ~cplres ~ ~ G~
- My Commission expires: `~~ f,3.
r~-!~
Ze(3)
Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. i n-~R~
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST DOCUMENTATION FOR THE RELEASE OF A SCHOOL SITE
COVENANT
WHEREAS, in August of 1994 the City rezoned approximately 422 acres of land located south
of Highway 6 subject to the terms of a conditional zoning agreement with the owner, Sycamore
Farms Company;
WHEREAS pursuant to paragraph 4Q) of said conditional zoning agreement, which is recorded
at Book 1793, Page 211 with the Johnson County Recorder, Sycamore Farms Company did
covenant with the City of Iowa City, to reserve a fifteen acre tract of land within the parcel being
rezoned for conveyance and use as a public school site by the Iowa City Community School
District.;
WHEREAS, said covenant remains in effect until the Iowa City Community School District
applied for a building permit for use of the fifteen acre parcel or the expiration of 15 years from
the date of the conditional zoning agreement, whichever may sooner occur;
WHEREAS, the Iowa City Community School District has made no application for such building
permit and more than fifteen years have passed since the execution of the Conditional Zoning
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release the above-described covenant.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the Release of
Covenant attached hereto.
3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, along with the Release, said
recording cost be paid by the owner of the subject property.
Passed and approved this 31st day of August , 20~_•
MAYOR _ ~~
ATTEST: ~ ~ .~
CITY ERK City Atto
Resolution No. ~ o-'~s'~
Page 2
It was moved by wriQht and seconded by chamgi ~n the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
X
~_
~-
x
x
x
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
Prepared by and Return to: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RELEASE OF SCHOOL SITE COVENANT
The City of Iowa City does hereby release its right, title, and interest in the covenant
regarding dedication of a school site contained within paragraph 4(j) of the conditional zoning
agreement recorded at Book 1793, Page 211 with the Johnson County Recorder and the
encumbrances placed on the property by virtue of said covenant.
MAYOR
ATTEST: // ~ /1
CITY ERK
Approved by
City Attorney's Office
~~3/~1 ~
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this 3~ S~day of Auc~r.~S'~ 20 (a ,before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within
and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said Mayor and City Clerk as such
officers acknowledged that the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
°,~~ is SONDRAE FORT
z ~ Commission Number 159791
My Commission Expires s~-11~~~ ~-
. 01N ~ ~0~~ Notary Public in and for the State of Iowa
~e c 3)
Prepared by and Return to: Sara ktoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3 6-5030
RELEA E OF SCHOOL SITE COVENANT
The City of Iowa City d s hereby release the following described prop y from all its
right, title, and interest in the co enant regarding dedication of a school site ontained within
paragraph 4Q) of the conditional z Wing agreement recorded at Book 1793, age 211 with the
Johnson County Recorder and th encumbrances placed on the prope by virtue of said
covenant:
[insert legal description]
ATTEST:
CITY CLERK
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of ,
notary public in and for the State of Iowa, personally a
Karr, to me personally known, who being by me duly s
City Clerk, respectively, of said municipal corporati
instrument; that the seal affixed thereto is the seal ~
instrument was signed and sealed on behalf of said mu
Council; and that the said Mayor and City Clerk as such
of said instrument to be the voluntary act and deed
voluntarily executed.
~A
City torne s O Ice ~_ Z~ _)d
20 ,before me, the undersigned, a
peared Matthew J. Hayek and Marian K.
porn, did say that they are the Mayor and
n executing the within and foregoing
f said municipal corporation; that said
icipal corporation by authority of its City
icers acknowledged that the execution
o said corporation, by it and by them
Notary Public in ~nd for the State of Iowa
M-~~ 2e(4)
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. i 0-384
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2537
WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA.
WHEREAS, on August 3, 2005, Oscar Contreras and Julieta M. Contreras, the current owners
of 2537 Whispering Prairie Avenue, executed a mortgage to secure a loan and a Resale and
Occupancy Agreement with the City of Iowa City as part of the Tenant to Ownership Program;
and
WHEREAS, the owners have repaid the loan, but the requirements under the Resale and
Occupancy Agreement do not expire until August 3, 2020; and
WHEREAS, the mortgage should be partially released to reflect that the loan has been paid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest the attached Partial Release
of Second Mortgage for recordation, whereby the City does partially release the property
located at 2537 Whispering Prairie Avenue. Iowa City, Iowa from the Second Mortgage
recorded on August 17, 2005 at Book 3927, Page 398 of the Johnson County
Recorder's Office.
2. The City Clerk is authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, together with the attached Partial
Release of Second Mortgage, said recording costs to be paid by the City.
Passed and approved this 31st day of August , 2010.
ATTEST: .~ it 7~Gt~
CI LERK
~7.
MAYOR ~
Approved by
~~~ ~S- ~ g- -~~
City Attorney's Office
Resolution No. 0-'~~4
Page 2
It was moved by wriQht and seconded by Cham}].i nn the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
X
~_
~_
x
x
NAYS: ~ ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
PARTIAL RELEASE OF SECOND MORTGAGE
The City of Iowa City does hereby partially release the property at 2537 Whispering Prairie
Avenue, Iowa City, Iowa, and legally described as follows:
Lot 36, Whispering Meadows Subdivision Part One, an addition to the City of
Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat
Records of Johnson County Iowa.
from a financial obligation of the property owners, Oscar Contreras and Julieta M. Contreras, to the
City of Iowa City in the principal amount of $27,500.00 represented by a Second Mortgage
recorded on recorded on August 17, 2005 at Book 3927, Page 398 of the Johnson County Recorder's
Office.
The City of Iowa City does not release said property from an additional obligation of the property
owners contained in the Resale and Occupancy Agreement for Property Located at 2537
Whispering Prairie Avenue, which is also secured by said Second Mortgage.
CITY OF IOWA CITY, IOWA
By:
Mathew J. Hayek, a or
Marian K. Karr, City Clerk
Approved by
~~( ~~(U
City Attorney's Office
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
5~
On this ~1' day of -,~u~u.:~i- , 2010, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, who
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation
by authority of City Council of said municipal corporation; and that the said Mathew J. Hayek and Marian
K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal
corporation, by it and by them voluntarily executed.
o~ l~ SONDRAE FORT SL~1c~n ~~ ~'~
~ ~ Commission Number 159791
My Commission Expires Notary Public in and for the State of Iowa
r~,,~
Prepared by: Marian Karr, City Clerk, 410 E, Washington St„ Iowa City, IA 52240 (319)356-5041 8
RESOLUTION NO. 10- 385
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 07-334 AND IN LIEU
THEREOF SETTING FEES AND INSURANCE REQUIREMENTS WITH
RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS,
BY INCREASING THE VEHICLE DECAL ISSUANCE AND REPLACEMENT
FEE TO REFLECT ACTUAL INSPECTION COSTS AND DELETING DRIVER
BADGE FEES
WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa,
established regulations for taxicabs and drivers operating such vehicles within the City
of Iowa City; and
WHEREAS, Title 5, Chapter 2, requires the City Equipment Division to inspect all taxicabs
annually; and
WHEREAS, the current administrative fee should reflect the actual inspection cost per
vehicle by the City Equipment Division and be increased to $85; and
WHEREAS, the City no longer provides a driver badge but has placed the responsibility
to provide a driver identification card on the individual taxi businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. Prior Resolution No. 07-334 establishing certain fees and charges for vehicles for
hire is hereby rescinded effective September 1, 2010 and this Resolution is
adopted and approved in lieu thereof.
2. The following fees are hereby established for taxicabs:
a. Processing a business application: $20.00 annually expiring March 1
unless suspended or revoked, with no refunds.
b. Issuance or replacement of a decal, including actual inspect costs: $85.00
annually expiring March 1, unless suspended or revoked. A $30.00 credit
for each decal returned to the City Clerk will be issued per business
licensing year. If the City is notified by the insurance carrier of
cancellation of insurance, the decal will be removed and returned to the
City Clerk's office, with no refund or credit. The credit can only be used
within the licensing year and does not carry over to another year or is not
transferable to another business. No credit will be applied to a business
for a decal confiscated by City staff.
c. Designation of a parking stand: Actual dollars earned from monthly permit
fee established by ordinance for the area.
Resolution No. 10- 3s5
Page 2
3. The minimum limits for taxicabs liability insurance are to be quoted "individual"
liability amounts, or in lieu thereof as a "combined" liability amount, said liability
minimum amounts to be established at the following limits with a deductible not
to exceed $500, and shall also comply with all state and federal requirements if
greater:
a. "Individual" Liability Amounts
1) To cover the insured's liability for bodily injury or death of one
person, as a result of one accident or other cause, Five Hundred
Thousand Dollars ($500,000.00).
2) To cover the insured's liability for bodily injury or death of more than
one person as a result of one accident or other cause, One Million
Dollars ($1,000,000.00). If the taxicab has more than ten seats, the
insured's liability for bodily injury shall be Two Million Dollars
($2,000,000.00).
3) To cover the insured's liability for damage to or destruction of
property other than that of the insured as a result of any one
accident or other cause, One Hundred Thousand Dollars
($100,000.00).
b. "Combined" Liability Amount
To cover the insured's liability for bodily injury or death of one or more
persons as a result of any one accident or other cause, and to cover the
insured's liability for damage to or destruction of property other than
that of the insured as a result of any one accident or other cause, One
Million Dollars ($1,000,000.00) combined. If the taxicab has more than
ten seats, the insured's liability for bodily injury shall be Two Million
Dollars $2,000,000.00).
4. The minimum limits for pedicabs and horse-drawn vehicle operator's liability
insurance are to be quoted as "individual" liability amounts, or in lieu thereof as
a "combined" liability amount, said liability minimum amounts to be established
at the following limits with a deductible not to exceed $500, and shall also
comply with all state and federal requirements if greater:
a. "Individual" Liability Amounts
1) To cover the insured's liability for bodily injury or death of one
person, as a result of one accident or other cause, Two Hundred
Fifty Thousand Dollars ($250,000.00).
Resolution No. 10- 3s5
Page 3
2) To cover the insured's liability for bodily injury or death of more
than one person as a result of one accident or other cause, Two
Hundred Fifty Thousand Dollars ($250,000.00).
3) To cover the insured's liability for damage to or destruction of
property other than that of the insured as a result of any one
accident or other cause, One Hundred Thousand Dollars
($100,000.00).
b. "Combined" Liability Amount
To cover the insured's liability for bodily injury or death of one or more
persons as a result of any one accident or other cause, and to cover the
insured's liability for damage to or destruction of property other than that of
the insured as a result of any one accident or other cause, Two Hundred
Fifty Thousand Dollars ($250,000.00) combined.
This resolution shall be in effect September 1, 2010.
Passed and approved this 31st day of august , 2010.
MAYOR
ATTEST: .ct ~~ ~ 4~
ITY CLERK
S:taxi: restaxifees. doc
App ed b
~- d ~-~o
City Attorney's Office
Resolution No. 10-385
Page 4
It was moved by Bailey and seconded by ni c•kPnG the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
11
Prepared by: Eric R. goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 10-386
RESOLUTION APPROVING THE POLICE CHIEF'S REVISED GUIDELINES
FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR
LICENSES, BEER PERMITS, AND WINE PERMITS AND THE POLICE ON-
PREMISES RENEWAL FORM AND RESCINDING RESOLUTION 09-38.
WHEREAS, Resolution No. 09-38 passed on February 10, 2009, approved the Police
Chief's use of a standard form for on-premises renewals and a new standard for an
establishment's PAULA rate per visit; and
WHEREAS, the Iowa Alcoholic Beverage Division (ABD) has ruled that liquor license
renewal applications may not be denied solely on an establishment's PAULA ratio; and
WHEREAS, the Council has reviewed and approved use of revised guidelines and forms
for use by the Police Chief; and
WHEREAS, it is in the public interest to rescind Resolution 09-38 and approve the
attached revised guidelines for review of liquor license applications and forms for on-
premises renewals;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Resolution 09-38 is hereby rescinded.
2. The attached guidelines for review of applications for initial and renewal liquor
licenses, beer permits, and wine permits are hereby approved.
3. The attached forms for use by the Police Department and Fire Department in
connection with the review of applications for renewal of on-premises licenses
and permits are approved in substance and may be revised by staff in form or to
include additional information as necessary.
Passed and approved this 31st day of August , 2010.
i1'1 ~
MAYOR
Attest: ~~J ~ ~~C~~L~,
CI CLERK
oved
City Attorney's Office
Eric/Alcohol/Ordinance changes/PAULA Ratio Resolution 8-31-10
Resolution No. 10-386
Page 2
It was moved by Bailey and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
~-
~-
x
x
X
X
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
GUIDELINES FOR POLICE CHIEF'S REVIEW OF APPLICATIONS
FOR INITIAL AND RENEWAL LIQUOR LICENSES
PROCEDURE
Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal
of any of those to the City Council the Chief of Police or his designee will make an investigation
to determine if the applicant is of "good moral character" as that term is defined in the State
Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal applications
any investigation will include any relevant information about prior operations under the license
or permit. Following such investigation the Chief or his designee will either approve or
disapprove the application. Any disapproval will be in writing and will set forth the reasons for
the disapproval. The investigation and, if applicable, the memo setting forth the reasons for
disapproval, will be completed within 5 days of the Chief's receipt of the application. The
attached "On-Premises Liquor License Renewal" form shall be completed for each on-premises
renewal and shall be provided to the City Council as the memo setting forth the reasons for
disapproval when the Police Chief recommends denial.
In addition to a review of the application the Police Chief or his designee will perform a records
check on the establishment's history and will review the DCI (Division of Criminal Investigation)
criminal history reports provided by the applicant on each person with an ownership or
management interest in the establishment.
II. FACTORS TO CONSIDER.
In determining whether an applicant is of good moral character the factors to be considered by
the Chief of Police or designee will include, but are not limited to, the following:
A. On-premises Activity
• Sales of alcoholic beverages to persons under the legal age by the licensee or
permittee or its employees or agents. Multiple occurrences will be considered
as grounds for non-renewal.
• Sales of alcoholic beverages to intoxicated persons by the licensee or permitee,
or its employees or agents. Multiple occurrences will be considered as
grounds for non-renewal.
• Citations issued on the premises for PAULA (Possession of Alcohol Under
Legal Age) which indicate that the licensee or permittee does not have
measures in place to adequately control access of persons under legal age to
alcohol.
• Citations issued on the premises for violation of Section 4-5-9 of the City Code
prohibiting persons under 19 from being on the premises.
• Citations issued for violation of Section 4-5-7 of the City Code prohibiting
certain specials
• Any other citations issued on-premises
B. Level of cooperation extended to police by bar employees, including but not limited
to:
• Response to requests for improvement made by the Police Department
• Calls for assistance where appropriate before the situation gets "out of hand"
• Attendance at TIPS training
• Fake IDs turned over to the Police Department
• Number of nuisance calls in and around the business during twelve-month
renewal period
C. Misrepresentation or withholding of any material fact in the license application
including, but not limited to the failure to identify management/supervisory staff
and provide their DCI criminal histories.
D. Prior felony convictions of all persons with an ownership or management interest
in the applicant will be reviewed. Per state code, a person with an ownership
interest in the applicant, as defined by state code, may not have been convicted
of a felony and the same rule should apply to those with a management interest.
However, if the .felony conviction occurred more than 5 years before the date of
the application and the person's rights of citizenship have been restored by the
governor, the Police Chief or designee may, after considering the nature of the
crime and the person's history after the conviction, make a determination that the
person is of good moral character notwithstanding the conviction.
E. Prior misdemeanor convictions of all persons with an ownership interest or a
management interest in the applicant will be reviewed, particularly those relating
to use of alcohol or illegal substances, including operating a motor vehicle while
under the influence of alcohol or drugs. The mere presence of a conviction
would not exclude a person from a license or renewal; however, if there was
evidence that alcohol was a factor in this conviction it would be grounds for
denial. The length of time since the conviction will be considered. Misdemeanor
convictions older than five years will not be considered.
F. Conditions imposed by a Court on a person with an ownership or management
interest in the applicant relating to use of alcoholic beverages and/or presence in
establishments that serve alcoholic beverages.
G. Reports of law enforcement officers or other third parties of incidents within or
adjacent to the establishment, such as fighting, altercations and disorderly
conduct, which suggest that the applicant does not have measures in place to
adequately control the premises.
H. Over-occupancy
Violation of any law or regulation which jeopardizes the health, safety or welfare
of patrons of the establishment.
J. In the event a person with an ownership interest or management interest in the
applicant has previously had an ownership or management interest in another
establishment, relevant operation at that establishment, including the above
factors, may be considered.
Iowa City Police Department
On-Premises Liquor License Renewal
Establishment na
Address:.
Review Period:
A. On-premises Activity
Number of PAULA citations issued during twelve-month renewal period.
Number of citations issued for violation of section 4-5-7of the City Code Specials
Restrictions during twelve-month renewal period.
Number of citations issued under section 4-5-8 of the City Code during twelve-
month renewal period. ,
Number of sales to minor citations issued during twelve-month renewal period.
Number of other citations issued on premises during twelve-month renewal
Period. (Specify citations)
B. Level of cooperation extended to police by bar employees:
^High ^Medium ^Low
Factors indicative of cooperation include but are not limited to:
• timely response to requests for improvement made by Police Department
• calls for assistance where appropriate before the situation gets out of hand
• high attendance at TIPS training
• fake IDs turned over to the Police Department
Number of nuisance calls in and around the business during twelve-month
renewal period.
Number of fake or altered IDs turned in during twelve-month renewal period.
Total number of employees.
Number of employees who are currently TIPS certified.
C. Additional Comments (including any other relevant information re: guidelines for
renewal approved by City Council)
Police Department liquor license renewal recommendation ^YES / ^NO