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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