HomeMy WebLinkAbout2010-09-21 Resolution~~D -
4e 1
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-399
RESOLUTION SETTING A PUBLIC HEARING FOR OCTOBER 11, 2010 TO
APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT
DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO
CONVEY SAID PROPERTY.
WHEREAS, The North Airport Development Subdivision includes commercial lots which have been
marketed for sale to the general public;
WHEREAS, City has negotiated a purchase agreement with Van Meter Industrial, Inc. to sell Lot 10 for
$380,000, which requires City Council approval;
WHEREAS, Council previously held public hearing on the proposed sale on May 10, 2010, but the
legal description in the notice of the public hearing was incorrect;
WHEREAS, because of the incorrect description of the property, Council should hold another
public hearing on the proposed conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to approve the purchase agreement
between the City of Iowa City and Van Meter Industrial, Inc. for the above-referenced
property and to convey said property in accordance with said agreement.
2. A public hearing on said proposed agreement should be and is hereby set for October 11,
2010 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa
City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public
hearing to be published as provided by law.
Passed and approved this ~i Gt day of September , 2010.
r~-
MAYOR
ATTEST: -~~~, Q~ _~ .J ~C ~`/2t~~
CI-1TY'CLERK
Approved b
~ '~~-ro
City Attorney's Office
Resolution No. 10-399
Page 2
It was moved by champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
~- Dickens
x Hayek
~_ Mims
~_ Wilburn
X Wright
wpdata/glossary/resolution-ic. doc
M I_„ U9-Z1-1U
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 10-400
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA CITY, IOWA.
WHEREAS, on April 30, 2004, the owner executed a Mortgage with the City of Iowa City
to secure a loan; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 412 Terrace Road from a Mortgage, recorded May 28, 2004, Book 3740,
Page 674 through Page 678 of the Johnson County Recorder's Office.
Passed and approved this ~ day of q~ntemhPr , 20 to
MAYOR
ATTEST: ~
CITY LERK
Approved by
City Attorney's Office
It was moved by Chamz ~ on and seconded by Bailer the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
~ Hayek
_
~ Mims
-
X Wilburn
x Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Devona Chung-Furlong
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 412 Terrace Road,
Iowa City, Iowa, and legally described as follows:
Lot one hundred seven (107) in Revision of Part Two Court Hill Addition to the City of
Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, page 169, Plat
Records of Johnson County, Iowa, subject to easements and restrictions of record.
from an obligation of the owner, Devona Chung-Furlong, to the City of Iowa City represented by
a Mortgage, recorded May 28, 2004, Book 3740, Page 674 through Page 678 of the Johnson
County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
~ ~xi
MAYOR
Approved by
ATTEST: ~~~ ~ 7~ 7'~~
CITY CLERK City Attorney's Office
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 2i "~ day of ~f:•'7~~n.r_z~r~- , A.D. 20 I1J ,before me, the undersigned, a Notary Public in and for said
County, in said State, 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 corporation, and that the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, as contained in Resolution No. / - o adopted by the City Council
on the ~ day ~i~F!~ , 20 / O and that the said Matthew J. Hayek and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and .deed of said corporation, by it and by them
voluntarily executed.
^~s SONDRAEFORT
i ~ Commission Number 159791 C\~ ,['
My Commission Expires ,~no~nc~a ~`~~
• -ow ~ ~ ~~ I ~ Notary Public in and for Johnson County, Iowa
n~-I-`~ 4f 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 10-401
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE PROPERTY LOCATED AT 322 COURT STREET PLACE, IOWA CITY,
IOWA.
WHEREAS, on October 2; 2008, the owner executed a Mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 322 Court Street Place from a Mortgage, recorded October 15, 2008, Book
4357, Page 793 through Page 798 of the Johnson County Recorder's Office.
Passed and approved this 21st day of ~e~tember , 20~_.
MAY R
ATTEST:_~~~~~~.Gx~ ~ .~~~
CIT LERK
Approved by
~~ ~ - s -~G
City Attorney's Office
It was moved by Champion and seconded by Bailey the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
~_ Champion
x Dickens
g Hayek
x Mims
X Wilburn
~_ Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
Legal Description of Property: see below
Mortgagor(s): Karen S. Wilcox
Mortgagee: City of Iowa City
RELEASE OF L/EN
The City of Iowa City does hereby release the following property located at 322 Court Street
Place, Iowa City, Iowa, and legally described as follows:
Lot 2 of a plat of a survey in the Southwest Quarter of the Southeast Quarter of Section
11, Township 79 North, Range 6 West of the 5th P.M., said plat being recorded in Book
4, Page 201, Plat Records of Johnson County, Iowa, subject to easements and
restrictions of record.
from an obligation of the owner, Karen S. Wilcox, to the City of Iowa City represented by a
Mortgage, recorded October 15, 2008, Book 4357, Page 793 through Page 798 of the Johnson
County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: / ~' 12r,.dar~ ~- Lt~
CIT LERK
STATE OF IOWA 1
SS:
JOHNSON COUNTY )
-.~ ~, .
MAYOR
Approved b
City Attorney's Office
S~"
On this ~.( '- day of S~PS'i~Mt31_==(~ , A.D. 20 %'6 ,before me, the undersigned, a Notary Public in and for said
County, in said State, 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 corporation, and that the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, as contained in Resolution No. /8~-4b/ ,adopted by the City Council
on the ~~-day SFS~t nnt~_, 20 /~ and that the said Matthew J. Hayek and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
o~i.~~m SONDRAE FORT
Commission Number 159791r~•
M Commission Expires r "~°
iow 3 7 Zaiz Notary Public in and for Johnson County, Iowa
M~~ 4f 3
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 10-402
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION
AGREEMENT, TWO PROMISSORY NOTES, AND FIVE MORTGAGES FOR
THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY,
IOWA.
WHEREAS, on September 14, 1993, the owner executed a Rehabilitation Agreement, a
Promissory Note, and a Mortgage with the City of Iowa City to secure a loan; and
WHEREAS, on March 29, 1999, the owner executed a Mortgage with the City of Iowa
City; and
WHEREAS, on February 8, 2002, the owner executed a Mortgage with the City of Iowa
City; and
WHEREAS, on October 26, 2005, the owner executed a Mortgage and a Promissory
Note with the City of Iowa City; and
WHEREAS, on May 4, 2006, the owner executed a Mortgage with the City of Iowa City;
and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 2220 California Avenue from a Rehabilitation Agreement, a Promissory Note
and a Mortgage, recorded September 30, 1993, Book 1626, Page 57 through Page 60,
and Book 1626, Page 61 through Page 63, and Book 1626, Page 64 through Page 68; a
Mortgage recorded April 6, 1999, Book 2709, Page 62 through Page 66; a Mortgage
recorded February 26, 2002, Book 3238, Page 357 through Page 361; a Mortgage
recorded November 7, 2005, Book 3960, Page 232 through Page 237, and a Promissory
Note recorded December 27, 2005, Book 3976, Page 732; and a Mortgage recorded
August 25, 2006, Book 4074, Page 921 through Page 926 of the Johnson County
Recorder's Office.
Resolution No.
Page 2
10-402
Passed and approved this 21st day of ~.~-'rPmber , 20~_.
f ~\LA
MAYOR
Approved by
ATTEST:
CITY ERK City Attorney's Office
It was moved by Champion and seconded by Bailey the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Dickens
x Hayek
x Mims
x Wilburn
X Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Delores Crawford and Robert P. Crawford
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 2220 California
Avenue, Iowa City, Iowa, and legally described as follows:
Lot 10, Block 7, Fair Meadows Addition Third Unit, Iowa City, Iowa, subject to
easements and restrictions of record thereof.
from an obligation of the owners, Delores Crawford and Robert P. Crawford, to the City of Iowa
City represented by a Rehabilitation Agreement, a Promissory Note and a Mortgage, recorded
September 30, 1993, Book 1626, Page 57 through Page 60, and Book 1626, Page 61 through
Page 63, and Book 1626, Page 64 through Page 68; a Mortgage recorded April 6, 1999, Book
2709, Page 62 through Page 66; a Mortgage recorded February 26, 2002, Book 3238, Page
357 through Page 361; a Mortgage recorded November 7, 2005, Book 3960, Page 232 through
Page 237, and a Promissory Note recorded December 27, 2005, Book 3976, Page 732; and a
Mortgage recorded August 25, 2006, Book 4074, Page 921 through Page 926 of the Johnson
County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ~I~,Gyi~ `7 Q•
CI CLERK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
!~'Y~ N 4 -'7~1
MAYOR
Approved by
~~`~ ~~ IS ^/c,
City Attorney's Office
st-
On this 1=day of r-hf= ~-' !Z , A.D. 20 /p before me, the undersigned, a Notary Public in and for said County, in
said State, 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. tb4°~adopted by the City Council on the Zl # day -~~a'1~~~1~t=12 ,
20 ! ~ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
~~~s SONDRAE FORT ~~nr
_ ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa
My Commission Expires
iow ' '7 2v Z.
M-~~
4f(4)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 0-40'i
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE PROPERTY LOCATED AT 319 E. WASHINGTON STREET, IOWA CITY,
IOWA.
WHEREAS, on September 28, 1993, the owner executed an Agreement with the City of
Iowa City to secure a loan; and
WHEREAS, the terms of the loan has been satisfied; .arid
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 319 E. Washington Street from an Agreement, recorded January 29, 1996,
Book 2026, Page 325 through Page 334 of the Johnson County Recorder's Office.
Passed and approved this 21st .day of September , 2010
MAYOR
ATTEST: A~,J
CIT LERK
Approved by
City Attorney's Office
It was moved by ('hamninn and seconded by Baiie~ the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~ Champion
x Dickens
x Hayek
_~_ Mims
~ Wilburn
~ Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): The Citizen Building Limited Partnership, Robert Burns, General Partner
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 319 E. Washington
Street, Iowa City, Iowa, and legally described as follows:
Lot two (2) in Block sixty-two (62) Iowa City, Iowa, according to the recorded plat thereof
except the east twenty (20) feet thereof; and the east seventy-five (75) feet of Lot three
(3) in Block sixty-two (62) in Iowa City, Iowa, according to the recorded plat thereof.
from an obligation of the owners, The Citizen Building Limited Partnership, Robert Burns,
General Partner, to the City of Iowa City represented by an Agreement, recorded January 29,
1996, Book 2026, Page 325 through Page 334 of the Johnson County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ar~x~
CITY "RK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
/-
MAYOR
Approved by
~~ -. ~' - i G - l c~
City Attorney's OfFce
`s~
On this 2t '~ day of~~~_,~,t~ R , A.D. 20 i~ before me, the undersigned, a Notary Public in and for said County, in
said State, 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No.1T4a3, adopted by the City Council on the Z.f ~- day ~ ~~. fi ,
20 %ra and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
S~.d~«~ 1
.~ca"~,r SONDRAE FORT. Notary Public in and for Johnson County, Iowa
i ~ Commission Number 159791
My Commission Expires
oW 3 Zvi 2'.
Mkt
4f 5
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
RESOLUTION NO. 10-404
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR
THE PROPERTY LOCATED AT 227 N. DUBUQUE STREET, IOWA CITY,
IOWA.
WHEREAS, on August 1, 2003, the owner executed an Agreement with the City of Iowa
City to secure a loan; and
WHEREAS, the terms of the loan has been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 227 N. Dubuque Street from an Agreement, recorded August 6, 2003, Book
3605, Page 841 through Page 856 of the Johnson County Recorder's Office.
Passed and approved this 21st day of September , 20 10
~-~,1
MAYOR
Appr ved by
ATTEST: 7 ,
CITY LERK City Attorney's Office
It was moved by Champion and seconded by Bailey the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x ~ Bailey
x Champion
Dickens
~-
~ Hayek
-
x Mims
x Wilburn
x Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s-: Women's Health project, Inc., D.B.A. Emma Goldman Clinic
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 227 N. Dubuque
Street, Iowa City, Iowa, and legally described as follows:
The original town of Iowa City, Lot 1, Block 77, Iowa City, Iowa as recorded at the
Johnson County Recorder's Office
from an obligation of the owners, Women's Health Project, Inc., D.B.A. Emma Goldman Clinic,
to the City of Iowa City represented by a Mortgage, recorded August 6, 2003, Book 3605, Page
841 through Page 856 of the Johnson County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: /~(Q~~~ ~ ~~~
CITY CLERK
STATE OF IOWA )
SS:
JOHNSON COUNTY )
- Sct
MAYOR
Approved by
~~~~ ~ ~ (CJ ~~ Q
City Attorney's Office
On this ~i "'~~ day of St(~rF.Mt3E2 , A.D. 20~_, before me, the undersigned, a Notary Public in and for said
County, in said State, 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 corporation, and that the instrument was signed and sealed
on behalf of the corporation by authority of its City Council, as contained in Resolution No.i® 8 ,adopted by the City Council
on the ~~ day S>~ trt''~~3~ f~ , 20 ~~ and that the said Matthew J. Hayek and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
o~q~m SONDRAEFORT ~~,-nc~tRn V-H~
_ ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa
My Commission Expires
ow = ~t~iz
~ -z~=~lo -
~ 4f 6
Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington, Iowa City, IA 52240, 319-356-5088/5138
RESOLUTION NO. 10-405
RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE
FISCAL YEAR ENDING JUNE 30, 2010.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial
Report for the period beginning July 1, 2009, through June 30, 2010, be approved.
Passed and approved this 21st day of September , 2010.
,~~..~t ,`as
MAYOR
ATTEST: ~ ~.~scJ ~ - ~~~~~
CITY C ERK
Approved by
`1 -1~f-lD
City Attorney's Office
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
~_ Champion
~_ Dickens
~_ Hayek
~_ Mims
~_ Wilburn
~_ Wright
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Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 10_406
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT FOR
AUDITOR'S PARCEL 2001051
WHEREAS, Donald Cochran ("Owner") is legal title holder to certain real estate along Gilbert
Street in Iowa City, Iowa, legally described as Auditor's Parcel 2009032, hereinafter the "Real
Estate"; and
WHEREAS, Owner desires to connect the Real Estate to the existing sanitary sewer system by
installing a sanitary sewer main across a portion of Auditor's Parcel 2001051, aCity-owned parcel
(Sand Hill Park), and dedicating the same to the City as a public improvement.
WHEREAS, this easement agreement authorizes Cochran to install the sanitary sewer
improvements on City property and dedicate said improvements to the City once constructed; and
WHEREAS, City staff has approved the proposed location of the public infrastructure servicing
this property, as well as the associated easement agreement; and
WHEREAS, the easement agreement requires City Council approval; and
WHEREAS, the execution of said easement agreement is in the public interest and advances the
public health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sanitary
Sewer Construction Easement And Dedication Agreement for Auditor's Parcel 2001051,
Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to
record the same with the above-referenced Easement Agreement in the Johnson County
Recorder's Office at the expense of Owner.
Passed and approved this 21st day of September , 2010.
MAYOR
ATTEST: lLs~ (! 9 G~~ APPROVED BY: ~O~t,aL ~~_
CITY ERK City Attorney's Office 9 /~a ~~o
Resolution No. io-4o~
Page 2
It was moved by ~hamn; on and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
_~._
x
x
x
~_
wpdata/glossary/resolution-ic.doc
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Prepared by and after recording return to: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington
Street, Iowa City, Iowa 52240, 319-356-5030.
SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT
AUDITOR'S PARCEL 2001051
IOWA CITY, IOWA
THIS AGREEMENT is made by and between Don Cochran ("Cochran"), and the City of
Iowa City, Iowa, a municipal corporation, ("City"); and
WHEREAS, Cochran is legal title holder to certain real estate along Gilbert Street in Iowa City,
Iowa, legally described as Auditor's Parcel 2009032, hereinafter the "Real Estate"; and
WHEREAS, City is legal title holder to certain real estate locally known as the Sand Hill Park and
legally described as Auditor's Parcel 2001051, according to the plat recorded at Book 43, Page
94, Johnson County Recorder's Office, hereinafter "City Property'; and
WHEREAS, Cochran desires to connect the Real Estate to the existing sanitary sewer system
located south of the Real Estate, by installing a sanitary sewer main across a portion of City
Property and dedicating the same to the City as a public improvement.
NOW, therefore, in consideration for the mutual promises made herein, the parties agree as
follows:
City does hereby grant and convey to Cochran a temporary construction easement in,
over and across that portion of City's property described as "Temporary Construction
Easement" on the attached Exhibit A Easement Plat (hereinafter "Easement Area"), for the
purpose of facilitating the Cochran's construction of a sanitary sewer main, the granting of
which shall include necessary grading, excavation, piling of dirt, grading, restoration,
storage of materials and equipment, and ingress and egress of persons and equipment to
the Easement Area, as needed to complete said sanitary sewer.
2. The term of this temporary construction easement shall be for the period of term required
by the Cochran to complete the construction of the sanitary sewer, but in no event shall
the duration of this easement extend beyond January 1, 2011.
3. With respect to this Temporary Construction Easement, City grants the following rights:
a. Cochran shall have the right to make excavations within the Easement Area, and
to grade as may be reasonably necessary for the construction of the sanitary
sewer. Cochran covenants and agrees to protect such excavations during
construction; to promptly fill said excavations following construction; and to be
{00323798.DOC}
-2-
liable for and hold City harmless from third party liability during said construction.
b. Cochran shall promptly backfill any trench made by it, and repair any damages
caused by the Cochran within the Easement Area, not including the replacement of
trees, shrubs and brush in the Easement Area. Cochran shall indemnify City
against loss or damage which occurs as a result of the Cochran's negligent acts or
omissions in the exercise of its easement rights herein.
c. Cochran shall have the right of ingress and egress to and from the Easement Area
by such route within the Easement Area as shall occasion the least practical
damage and inconvenience to City.
4. Once the Easement Area has been restored to substantially its prior condition and the City
has accepted the final improvements, Cochran shall post atwo-year maintenance bond.
After the expiration of such bond, Cochran shall have no further resporESibility for
maintaining the Easement Area or the improvements installed therein.
5. Cochran covenants and agrees that existing driveways, fences, underground drainage the
or other site features which are removed or disturbed shall, to the extent reasonably
possible, be replaced by Cochran to conform with features or items removed during
construction. Cochran further agrees that all grassed areas disturbed by the construction
shall be seeded within a reasonable time after construction is complete.
6. Cochran covenants and agrees to remove and stockpile existing topsoil from areas to be
excavated, to be used in the event of any repair. Following installation of the sanitary
sewer, Cochran agrees to grade all disturbed ground, to form a uniform slope and replace
all disturbed topsoil thereby restoring said area substantially to its prior condition.
7. All improvements described in Paragraph 1 above shall be constructed and installed by
Cochran according to plans and specification approved by the City Engineer, who shall
have the right to make occasional inspection of the work in progress. Such inspections
shall not relieve or release Cochran from his responsibility to construct said improvements
in accordance with the approved plans and specifications. Further, said inspections shall
not create a duty or warranty on the part of the City that the construction of said
improvements is in compliance with said plans and specifications.
8. Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original sanitary sewer improvements at issue herein. Nor shall Cochran be
deemed acting as the City's agent during the original construction and installation of said
improvements. Parties agree that the obligation to install the public improvements
herein shall be in accordance with City specifications, and the obligation shall remain on
Cochran until completion by Cochran, and until acceptance by the City, as by law
provided.
9. The provisions hereof shall insure to the benefit of and bind the successors and assigns
for the respective parties hereto, shall be deemed a covenant which runs with the land and
with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at
Cochran's expense.
-3-
Dated this 2~ day of S-~/~'' ~ ' , 2010.
COCH CITY OF IOWA CITY, IOWA
~'1 By:
By.
D n Cochran Matthew J. Haye c, r
ATTEST:
By: ~ ~ .
Marian .Karr, City Clerk
Approved by: ,diH.a .~~~co+ti«~nnn~ ~~~
City Attorney's Office R(aol~~
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was a~
. 2010
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
knowle ed before me on this .~~1
by ~~
HLEE M THORNTON
o ~~' Commission Number 764003
:.~. -~
~„A My Commission Expires
Nota
day of
of
1~~3
This instrument was acknowledged before me on this z, ~ day of
c,~~~,,,~~,~ , 2010, by Matthew J. Hayek and Marian K. Karr, in their capacities as
Mayor and City Clerk, respectively, of the Cit oy f Iowa City, Iowa, a municipal corporation
by authority of its City Council.
,~"gym SONDRAEFDRT ~~'''~`~ ~~
z° gCommissionNumber159791 Notary Public in and for said State
My Commission Expires
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Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)
356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT FOR
AUDITOR'S PARCEL 2001051
WHEREAS, Donald Cochra ("Owner") is legal title holder to certain re estate along Gilbert
Street in Iowa City, Iowa, le ally described as Auditor's Parcel 20 9032, hereinafter the
"Real Estate"; and
WHEREAS, Owner desires to conne t the Real Estate to the exis ing sanitary sewer system
by installing a sanitary sewer main a oss a portion of Audito s Parcel 2001051, aCity-
owned parcel (Sand Hill Park), and dedic ting the same to the ty as a public improvement.
WHEREAS, this easement agreement aut orizes Cochran to install the sanitary sewer
improvements on City property and dedi to said i rovements to the City once
constructed; and ,
WHEREAS, City staff has approved the propos d I cation of the public infrastructure
servicing this property, as well as the associated eas ent agreement; and
WHEREAS, the easement agreement requires City C un 'I approval; and
WHEREAS, the execution of said easement agree ent is in the public interest and advances
the public health, safety and welfare of the citize s of Iowa 'ty, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE ITY COUNCIL THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor is hereby authorized to sign and the City Cler to attest the attached
Sanitary Sewer Construction Eas ment And Dedication A reement for Auditor's
Parcel 2001051, Iowa City, Iowa.
2. The City Clerk is hereby author zed and directed to certify a co of this Resolution
and to record the same wit the above-referenced Easement greement in the
Johnson County Recorder's ffice at the expense of Owner.
Passed and approved this day of , 2010.
MAYOR
ATTEST: / APPROVED BY~,~„Jjsr~..T~rs~e Vr~--.~•~.,
CITY CLERK City Attorney's Office 9~ry ~tv
Prepared by and after recording return to: Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington
Street, Iowa City, Iowa 52240, 319-356-5030.
SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT
AUDIT 'S PARCEL 2001051
10 A CITY, IOWA
THIS AGREEMENT is made by and between Don Cochran ("Cochran") and the City of
Iowa City, Iowa, a municipal corporation, ("City' ;and
WHEREAS, Cochran is legal title holder to ce aln real estate along Gilb Street in Iowa City,
Iowa, legally described as Auditor's Parcel 20090 2, hereinafter the "Real state"; and
WHEREAS, City is legal title holder to certain real state locally kno as the Sand Hill Park and
legally described as Auditor's Parcel 2001051, acc rding to the t recorded at Book 43, Page
94, Johnson County Recorder's Office, hereinafter " "ty Propert ' ;and
WHEREAS, Cochran desires to connect the Real Es to o the existing sanitary sewer system
located south of the Real Estate, by installing a sanit sewer main across a portion of City
Property and dedicating the same to the City as a publ' i provement.
NOW, therefore, in consideration for the mutu promise made herein, the parties agree as
follows:
1. City does hereby grant and conv to Cochran a to porary construction easement in,
over and across that portion of ity's property descri ed as "Termporary Construction
Easement" on the attached Ex it A Easement Plat (her inafter "Easement Area"), for the
purpose of facilitating the Co ran's construction of a san~tary sewer main, the granting of
which shall include nece ary grading, excavation, pili of dirt, grading, restoration,
storage of materials an equipment, and ingress and egre of persons and equipment to
the Easement Area, needed to complete said sanitary se er.
2. The term of this emporary construction easement shall be f r the period of term required
by the Cochr to complete the construction of the sanitary sewer, but in no event shall
the duration of this easement extend beyond January 1, 201= .
3. With respect to this Temporary Construction Easement, City grants the following rights:
a. Cochran shall have the right to make excavations within the Easement Area, and
to grade as may be reasonably necessary for the construction of the sanitary
sewer. Cochran covenants and agrees to protect such excavations during
construction; to promptly fill said excavations following construction; and to be
liable for and hold City harmless from third party liability during said construction.
(00323798.DOC}
-2-
b. Cochran shall promptly backfill any trench made by it, and repair any damages
caused by the Cochran within the Easement Area, not including the replacement of
trees, shrubs and brush in the Easement Area. Cochran shall indemnify City
against loss or damage which occurs as a result of the Cochran's negligent acts or
omissions in the exercise of its easement rights herein.
c. Cochran shall have the right of ingress and egress to and from the Easement Area
by such route within the Easement Area as shall occasion the least practical
damage and inconvenience to City.
4. Once the Easement Area as been restored to substantially its prior condition and the City
has accepted the final imp vements, Cochran shall post atwo-year maintenance bond.
After the expiration of suc bond, Cochran shall hav no further responsibility for
maintaining the Easement Are or the improvements install d therein.
5. Cochran covenants and agrees t t existing driveways, f nces, underground drainage the
or other site features which are moved or disturbe shall, to the extent reasonably
possible, be replaced by Cochran to conform with f atures or items removed during
construction. Cochran further agrees hat all grassed reas disturbed by the construction
shall be seeded within a reasonable ti after constr ction is complete.
6. Cochran covenants and agrees to remo and st ckpile existing topsoil from areas to be
excavated, to be used in the event of a rep ir. Following installation of the sanitary
sewer, Cochran agrees to grade all disturbe gr und, to form a uniform slope and replace
all disturbed topsoil thereby restoring said are ubstantially to its prior condition.
7. All improvements described in Paragraph a ve shall be constructed and installed by
Cochran according to plans and specific ion a proved by the City Engineer, who shall
have the right to make occasional insp ction of he work in progress. Such inspections
shall not relieve or release Cochran fro his respo sibility to construct said improvements
in accordance with the approved pla s and specifi tions. Further, said inspections shall
not create a duty or warranty on the part of the City that the construction of said
improvements is in compliance wit said plans and sp ifications.
8. Nothing in this Agreement sh I be construed to impo e a requirement on the City to
install the original sanitary s er improvements at issu herein. Nor shall Cochran be
deemed acting as the City' agent during the original con truction and installation of said
improvements. Parties gree that the obligation to ins all the public improvements
herein shall be in accor ance with City specifications, and t e obligation shall remain on
Cochran until compl, ion by Cochran, and until acceptan e by the City, as by law
provided.
9. The provisions hereof shall insure to the benefit of and bind the successors and assigns
for the respective parties hereto, shall be deemed a covenant whi h runs with the land and
with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at
Cochran's expense.
-3-
Dated this day of
COCHRAN
By:
Don Cochran
By:
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was acknowledged
2010 by as of _
Notar~P~iblic in and for said State
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was acknowledg
2010, by Matthew J. Hayek
City Clerk, respectively, of the City of Iowa t
City Council.
2010.
CITY OF IOWA CITY, IOWA
Marian K. Ka r, City Clerk
Approved b a- ~ ~u.,..~
City Attorn y's Office 9't..t ~ ~o
Matthew J. Hayek
ATTEST:
By:
me on,(his day of
d before me on this day of
~d Marian K. arr, in their capacities as Mayor and
Iowa, a muni ipal corporation by authority of its
Notary Public in and for~aid State
yor
M ~"`~ - -
4f(8)
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 10-407
RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A
RECREATION TRAIL AND BRIDGE ACROSS THE IOWA RIVER
WHEREAS, a trail and bridge across the Iowa River from Rocky Shore Drive to Peninsula Park
would increase access to multiple recreation activities and enhance the quality of life of
residents and visitors of Iowa City; and
WHEREAS,. the City desires to apply to the IDOT for up to $1.3 million in funding assistance
through the Federal Recreational Trails Program (FRT) and the Statewide Transportation
Enhancements Program to finance the cost of such proposed trail and bridge development and
construction; and
WHEREAS, the FRT program requires the City to commit to paying 20% of the total project cost
and the Statewide Transportation Enhancements Program requires the City commit to paying
30% of the total project cost; and
WHEREAS, the City of Iowa City considers it in the best public interest to complete trail
development projects described in the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance through the FRT and
Statewide Transportation Enhancement Programs; and
2. The City Manager is authorized to sign the grant application forms and any
subsequent grant contracts with the Iowa Department of Transportation; and
3. Any funding assistance received shall be used for implementation of the project
referenced above in accordance with the grant guidelines and requirements; and
4. The City hereby agrees to allocate the necessary local-match funds to be put toward
the above-described project should the City receive grant funds as a result of these
applications, to be derived from City of Iowa City general funds, general obligation
bonds, donations and/or contributions; and
5. Any property acquired or facility developed with FRT or Statewide Transportation
Enhancement Program financial aid will be placed in use as an outdoor recreation
facility and retained in such use for at least twenty years unless otherwise provided
and agreed to by the City of Iowa City and IDOT; and
6. This resolution will be included with formal applications to IDOT.
Passed and approved this 21st day of September , 201Q_•
Resolution No. 10-407
Page 2
~~~~
MAYOR
ATTEST: /~«~L,.J ~• ~~~
CITY ERK
App oved by
City Attorney's Office ~/~~l~i~
It was moved by c:ramn; ~n and seconded by Ra; i e~ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~ Champion
x Dickens
X Hayek
~ _ Mims
x Wilburn
x Wright
\\CITYFILE1\DataUCCOG\TRANS\Bike and Ped Planning\Grant Applications\Penninsula Trail Bridge\City Council Resolution.doc
N1-~~ 6d
Prepared by: Lorin Ditzler, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5234 (SUB10-
00009/SUB10-00010)
RESOLUTION NO. t0-408
RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF
MEADOWLARK HILL 2ND SUBDIVISION, JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Harold and Allegra Dane, filed with the City Clerk the preliminary and
final plat of Meadowlark Hill 2"d Subdivision, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Johnson County,
Iowa, to wit:
Lot 1, Meadowlark Hill Subdivision to Johnson County, Iowa
according to the recorded Plat thereof, recorded in Plat Book 49 at
page 52 in the records of the Johnson County recorder's office
containing 36.32 acres 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, there are no public improvements contemplated within this subdivision and therefore
no property rights are being dedicated to the City; and
WHEREAS, the subdivision has been made with the free consent and in accordance with the
desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2009) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The said preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved.
2. 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 certify and send plat and
supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All
recording expense is the responsibility of the owner/subdivider.
Resolution No. 10_408
Page 2
Passed and approved this ~ ~ Gt day of September , 20~~.
~~~.,~ ~1
MAYOR
Approved by
ATTEST: ~~ • ~fcf~•~+.'
CIT ERK City Attorney's Office ~ ~Hf lc
.all there Moved by Wright and seconded by Champion the Resolution be adopted, and upon:ro
AYES: NAYS: ABSENT:
'ere
x Bailey
x Champion
X Dickens
~_ Hayek
x Mims
g Wilburn
~_ Wright
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Lorin Ditzler, Planning Intern
Item: SU610-00009/SUB10-00010 Date: September 2, 2010
GENERAL INFORMATION:
Applicant/Owner: Harold John Dane Jr & Allegra G Dane
4082 Dane Road SE
Iowa City, Iowa 52240
Phone: (319) 354-3630
Contact Person: David Larsen
277 Hickory Street
Kalona, Iowa 52247
Phone: (319) 936-0558
Email: larsen@kctc.net
Requested Action: Preliminary an Final Plat
Purpose: To divide property into 2 lots
Location: 4082 Dane Road SE (north side of Mormon Trek
Boulevard)
Size: 36.32 acres
Existing Land Use and Zoning: Johnson County Residential (R) and Agricultural (AG)
Surrounding Land Use and Zoning: North: Iowa City, Airport (P-1)
South: Johnson County, Residential (R)
East: Johnson County, Residential (R)
West: Iowa City, Commercial Office (CO-1)
Comprehensive Plan: South Central Planning District
City Services: Sanitary Sewer Service and water are available upon
annexation
File Date: August 12, 2010
45-Day Limitation Period: September 26
60 Day Limitation Period: October 11
BACKGROUND INFORMATION:
The applicant is requesting a 2nd subdivision of the Meadowlark Hill Subdivision. The subject
property falls under Iowa City/Johnson County Fringe Area Agreement, which permits Iowa City to
2
regulate the subdivision of land within two miles of the City's corporate boundaries. The owner is
required to apply to both Johnson County and the City to subdivide the property.
The property was previously subdivided by the applicant, without requiring approval from the City of
Iowa City, under current provisions in the fringe area agreement which allow a first subdivision of
fewer than 3 lots to be regulated by the County only. The previous subdivision created two lots,
including the subject property and 4120 Dane Road, which shares its north, east, and south property
lines with the subject property.
The applicant now wishes to create two additional lots. The proposed lot 1 contains a residence and
farm buildings and has street access from Dane Road on the west. The proposed Outlot A fronts
onto Mormon Trek Boulevard on the south but has no access to the street.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy' and have
not had discussions with neighborhood representatives.
ANALYSIS:
Compliance with the Comprehensive Plan:
The Comprehensive Plan and the South Central District Future Land Use Scenario support either
intensive commercial or office uses for the subject property upon annexation. Office and intensive
commercial zones are used to attract employers and provide a compatible transition to possible
industrial and manufacturing uses identified in the South Central District Plan. The investment of
public funds to construct the extension of Mormon Trek Boulevard was done, in part, to create
arterial street access to the planned industrial development areas bordered by commercial and office
uses. This capital investment was meant to encourage future development in the South Central
District that would increase employment opportunities in the community. The proximity of the
southern lot (Outlot A) to existing commercial uses and its location along Mormon Trek Boulevard
make it attractive as a future space for commercial development upon annexation, as outlined in
both the South Central District Plan and the Fringe Area Agreement.
Fringe Area Guidelines:
The property is located within fringe area C, within the growth area established in the Iowa City
Comprehensive Plan. Land in this area is subject to the following guidelines:
Land in Area C, which is presently zoned for residential development and within Iowa City's
growth area, may develop in conformance with existing zoning, provided subdivisions and
development projects shall conform to City Urban Design standards contained in Title 14,
Chapter 7 of the City Code of Iowa City, including but no limited to City specifications for streets
and roads, sanitary sewer lines, stormwater management facilities and water lines.
Developments which are approved prior to annexation shall be required to be served by a
package sanitary sewage treatment plant and common wells with sanitary sewer and water
collection and distribution systems which are constructed to City standards and can be
connected to municipal systems upon annexation.
Upon annexation to Iowa City, commercial and/or industrial development is encouraged south
and southwest of the Iowa City Municipal Airport. It is consistent with the purpose of this
agreement not to approve commercial and/or industrial developments within this area prior to
annexation. As stated in the Johnson County Land Use Plan, commercial and/or industrial
development will be encouraged to locate at the interchanges of paved roads.
3
As applications are received to develop land contiguous to Iowa City and within this portion of
the City's growth area, the City will give favorable consideration to the voluntary annexation of
this land and its development for uses consistent with the City's Comprehensive Plan.
Under these guidelines, subdivision of the subject property is not advisable unless it is annexed into
the city or there are restrictions on its development until such time that it is annexed. If this property
is not annexed into the city, staff would only recommend approval of this subdivision if there are legal
restrictions in the subdivider's agreement restricting development to agricultural uses and prohibiting
access to Mormon Trek Boulevard until such time that Outlot A is annexed into the city.
Subdivision Design:
The proposed Lot 1 consists of 26.61 acres on the northern portion of the subdivision, with access to
Dane Road on the west. It is bordered by the airport to the north, residential to the south, agricultural
to the east and commercial to the west. Outlot A is 9.71 acres on the southern portion of the
subdivision, with frontage on Mormon Trek Boulevard along the southern property line. Lot 1
connects to Outlot A by a narrow stretch of land in the southeastern portion of Lot 1. Lot 2 of the
original Meadowlark Hill subdivision is located between the two proposed lots. It currently contains a
residence and is intended to be developed as a park in the future.
Access:
Lot 1 has access to Dane Road. There currently is no access to this property from Mormon Trek
Boulevard. Access points on Mormon Trek Boulevard will be determined at the time the property is
annexed into the city. In the interim a temporary easement will need to be established to provide
access to Outlot A for agricultural machinery. The easement will need to come from Lot 1 or JJR
Davis subdivision via the vacated Dane Road to the west.
STAFF RECOMMENDATION:
Staff recommends that this item be deferred pending resolution of deficiencies noted below. Upon
resolution of these deficiencies, staff recommends that SUB10-00009/SU610-00010, a 2nd
subdivision of the Meadowlark Subdivision, 36.32 2-lot subdivision, be approved subject to legal
papers being approved by the City Attorney prior to City Council Consideration.
DEFICIENCIES AND DISCREPANCIES:
1. An access easement is needed to provide access to Outlot A from JJR Davis subdivision or lot 1
until such time as Outlot A is annexed into the city.
2. There should be a note on the plat stating that there shall be no direct vehicular access to
Mormon Trek Boulevard until Outlot A is annexed into the city.
ATTACHMENTS:
1. Location Map
2. Preliminary and Final Plat
Approved by: ~`~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Prepared by: Tabatha Miller, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. ~ n-4~A
CONSIDER A RESOLUTION AUTHORIZING THE CITY TO FILE AN APPLICATION FOR AN
IOWA SMART PLANNING LOCAL COMPREHENSIVE PLANNING GRANT TO CONDUCT A
COMPREHENSIVE PLAN UPDATE.
WHEREAS, the Comprehensive Plan should be reviewed and updated periodically; and
WHEREAS, the last major update to the Iowa City Comprehensive plan was done in 1997; and
WHEREAS, during the 2010 Legislative Session, the Iowa Legislature enacted Senate File
2389, outlining Iowa Smart Planning (Division VII, Sections 17 through 25). Two major
components of the bill include the ten Iowa Smart Planning Principles for consideration during
deliberation of all appropriate planning, zoning, development, and resource management
decisions and guidelines for the development of local comprehensive planning; and
WHEREAS, the State of Iowa has created a program that assists communities, counties, and
regions as they develop forward-thinking comprehensive plans, including considerations for
reducing risk posed by natural disasters; and
WHEREAS, the City of Iowa City acknowledges the requirements of the Local Comprehensive
Planning Grant Program as specified in the Iowa Smart Planning: Local Comprehensive
Planning Grant Program Application Guidelines and understands the importance and benefits of
comprehensive planning.
WHEREAS, the City of Iowa City Planning and Community Development staff have prepared an
application for an Local Comprehensive Grant Program for the purpose of conducting a
comprehensive plan update; and
WHEREAS, said grant will require providing $50,000 in cash and/or in-kind services and
supplies as a local match, which will be provided through general fund and staff time
contributions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the Planning and Community Development staff is hereby authorized to file an
application for a Local Comprehensive Planning Grant for conducting a comprehensive plan
update, and the Director of Planning and Community Development is authorized to sign the
grant application.
Passed and approved this 21st day of September , 2010.
MAYOR
Appr ved by
lxca ATTEST: : dL~
City Attorney's Office ~ ~~yi ~a CIT LERK
Resolution No. 10-409
Page 2
It was moved by Wilburn and seconded by Rai i e,~ the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
~_
x
x
X
X
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
~ ~~
52-483
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON County, Iowa:
The City Council of Iowa City in said County/Counties met on September 21, 2010
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No. 1~-41~
RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE : 2011
(AS AMENDED LAST ON •)
Be it Resolved by the Council of the City of Iowa City
Section 1. Following notice published September 10, 2010,
and the public hearing held, September 21, 2010 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Total Budget
as certified
or last amended
Current
Amendment Total Budget
after Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 47,788,547 0 47,788,547
Less: Uncollectted Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 47,788,547 0 47,788,547
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 840,114 0 840,114
other City Taxes 6 10,264,413 0 10,264,413
Licenses & Permits 7 1,335,333 0 1,335,333
Use of Money and Property 8 2,186,957 0 2,186,957
Intergovernmental 9 37,636,313 76,305,273 113,941,586
Charges for Services 10 39,621,066 0 39,621,066
Special Assessments 11 0 0 0
Miscellaneous 12 3,784,929 1,018,652 4,803,581
Other Financing Sources 13 61,946,877 57,078,883 119,025,760
Total Revenues and Other Sources 14 205,404,549 134,402,808 339,807,357
Expenditures & Other Financing Uses
Public Safety 15 20,148,793 261,585 20,410,378
Public Works 16 13,578,768 106,845 13,685,613
Health and Social Services 17 0 0 0
Culture and Recreation 18 11,981,201 213,683 12,194, 884
Community and Economic Development 19 4,795,653 30,736,570 35,532,223
General Govemment 20 8,350,547 8,778 8,359,325
Debt Service 21 14.045,403 0 14,045,403
Capital Projects 22 17,291,840 51,735,658 69,027,498
Total GovemmentACtivitiesExpenditures 23 90,192,205 83,063,119 173,255,324
Business Type/Enterprises 24 73,908,734 54,495,050 128,403,784
Total GovActivities&BusinessExpenditures 25 164,100,939 137,558,169 301,659,108
Transfers Out 26 50.975,877 44,105,838 95,081,715
Total Expenditures/Transfers Out 27 215,076,816 181,664,007 396.740,823
ExcessRevenuesbOtherSourcesOver
(Under) Expenditures/Transfers Out Fiscal Year 28 '. ~
-9,672,267 ~ ~'~~
-47,261,199
-56,933,466
Continuing Appropriation 29 0 N/A 0
Beginning Fund Balance July 1 30 157,987,267 157,987,267 315,974,535
Ending Fund Balance June 30 31 148,315,000 110,726,068 259,041,069
Passed this 2~
O~ - i (DaY)
Signature
City Clerk/Finance Officer
day of September. 2010
(MarflVYear)
Sign
Mayor
Page 2 of 6
7
Resolution No. 10-410
Page 2
It was moved by wri;?ht and seconded by (;hamni nn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
~_ Dickens
x Hayek
x Mims
x Wilburn
x Wright
wpdata/glossary/resolution-ic. doc
M .~~
Prepared by: Mike Moran, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100
RESOLUTION NO. 10-411
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY
TRUEBLOOD RECREATION AREA -PHASE 2 IMPROVEMENTS 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.
~..t ~,~
--~~ ~>
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
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, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed 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 City Hall, before 10:00 a.m. on the 21St day of
October, 2010. At that time, the bids will be opened by the City Engineer or his designee,
and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon
said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa
City, Iowa, at 7:00 p.m. on the 26th day of October, 2010, or at a special meeting called for
that purpose.
Passed and approved this 21st day of September , 20 10
MAYOR
ATTEST: ~] Q~tllia~ ~C" - ~~
CITY ERK
App oved by
GLLa k~.~c,
City Attorney's Office •t ~~v~ ~~
pweng\res\a pprovplanstrueblood-ph2.doc
Resolution No. 10-411
Page 2
It was moved by Wilburn and seconded by Mime the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
~_
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Prepared by: Mike Moran, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND TIMATE OF COST FOR THE CONSTRUCTION OF THE
PHASE TWO - T IL DEVELOPMENT OF THE TERRY TRUEBLOOD
RECREATION AREA P JECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EAC BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BI ,AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the lans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearinghereon held.
NOW, THEREFORE, BE IT RESOLVED BY SHE CITY COUNCIL OF THE ITY OF IOWA
CITY, IOWA THAT: ~`'~,,
1. The plans, specifications, form of contract ,a>~d estimate of cos~~or the above-named
project are hereby approved. ~~ /
2. The amount of bid security to accompany each bid for the~`onstruction of the above-
named project shall be in the amount of 10% (ten p~rcent)pf bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to pub sh. notice, not less than 4 and not
more than 45 days before the date for filing the 'ds, fof the receipt of bids for the
construction of the above-named project in a new aper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above-named project are t be received by the.City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 10:00 a.i'n. on the 21St day of
October, 2010. At that time, the bids will b opened by the City Engineer or his designee,
and thereupon referred to the City Coun it of the City of Iowa City, Iowa, for action upon
said bids at its next regular meeting, to a held at the Emma J. Harvat Full, City Hall, Iowa
City, Iowa, at 7:00 p.m. on the 26th d of October, 2010, or at a special meeting called for
that purpose.
Passed and approved this y of , 20
MAYOR
Approved by
ATTEST: ~ LJot.` ~,.. i c~-~..~rf~rv~ ~(c~.~
CITY CLERK Clty Attorney's Office ~ (~ S~ I ~
pweng\res\approvplanstrueblood-ph2.doc
nn ~
12
Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 10-412
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT WITH CONFLUENCE FOR NORTH SIDE
MARKETPLACE STREETSCAPE DESIGN SERVICES
WHEREAS, the City Council has approved a project to reconstruct the North Side Marketplace
streetscape in FY11; and
WHEREAS, a grant has been received from the Great Places program which will allow extension
of the Literary Walk into the North Side Marketplace; and
WHEREAS, there is a deadline for completing the project by the end of FY11 because of the
requirements of the Great Places program; and
WHEREAS, Confluence has been selected as the preferred firm to complete preparation of
construction and bidding documents for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1: The Mayor is hereby authorized to sign and the City Clerk to attest two originals of the
Consultant Agreement with Confluence.
2. City staff are authorized- to complete any other contract documents associated with the
project.
Passed and approved this 21st day of September , 20~_
f -~
MAYOR
ATTEST: ///Q~~ ~~ ~C '~C~~J
CIT ,LERK
Ap roved by
City Attorney's Office a ~~W (~o
ppdd it/res/confluence-agt.doc
Resolution No. 10-412
Page 2
It was moved by Bailey and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ~ ABSENT:
x Bailey
X Champion
~- Dickens
~_ Hayek
x Mims
X Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
/~--~-!~
Prepared by: Marcia Bollinger, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237
RESOLUTION NO
10-413
13
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE ARTIST OF SIMPLE FLIGHT FOR THE PURCHASE OF SAID SCULPTURE
AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE AGREEMENT
WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and
WHEREAS, Jason Messier's Simple Flight was selected to be exhibited as a temporary
sculpture on the Peninsula Park Sculptor's Showcase; and
WHEREAS, the sculpture has been on temporary display for the one-year period as authorized
in Resolution No. 09-208; and
WHEREAS, public comment on the sculpture has been very positive and the site considered
very appropriate: and
WHEREAS, the Iowa City Public Art Advisory committee recommends purchasing Simple Flight
for $5,000.00 at their September 2, 2010 meeting because it suits its present location, allows for
the Peninsula Park Sculptor's Pad to become a permanent display and alleviates recurring staff
time to administer the temporary displays hosted at this site, and
WHEREAS, funds are available from FY10 Public Art Program funds to purchase the sculpture
without impact on current year programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Agreement between the City of Iowa City and the artist Jason Messier for the purchase
of Simple Flight for the sum of $5,000, a copy of which is attached hereto, is hereby
approved as to form and content.
2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement.
Passed and approved this 21st day of September , 20 l0
~~~
MAYOR
ATTEST: 771~~c~ 7~ _ ~~~2~i~/
CIT LERK
Approved by
c~.r as ~/~ ~"rGl~..
City Attorney's Office 9~~~~
ppddir/res/simpleflight091310.doc
Resolution No. ~ o-c-i ~
Page 2
It was moved by Bailey and seconded by w,--Lghr the Resolution be
adopted, and upon roll call there were:
AYES:
X
-~_
x
x
x
X
x
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
_.S
CITY OF IOWA CITY
PUBLIC ART PROGRAM
SIMPLE FLIGHT
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on September 21, 201~etween the City of Iowa City,
hereinafter referred to as the OWNER, and Jason Messier, hereinafter referred to as the
ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of
Planning and Community Development or his/her designee. The COMMITTEE shall be the
Public Art Advisory Committee.
WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted
the offer by the ARTIST for the purchase of Simple Flight, hereinafter referred to as ART
WORK. The ART WORK is currently on exhibit at the Peninsula Park Scuptor's Showcare at
the Peninusal Park. Photographs of the ART WORK are attached hereto as Exhibit "A".
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
Article 1. Compensation
The OWNER shall pay the ARTIST five thousand dollars ($5,000) which shall constitute full
compensation for OWNER's acquisition of the ART WORK, including all fees, services,
expenses, and materials used to create the ART WORK.
Article 2. Description of ART WORK
Title: Simple Flight
Medium: powder coated/painted steel
Height: 5'
Approximate Weight: 300 lbs.
Fair Market (insurance) value: $6,500
Article 3. Title
Title of the ART WORK shall pass to the OWNER upon OWNER'S upon execution of this
agreement.
Article 4. Post Installation
The ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for
appropriate maintenance and preservation of the ART WORK. Upon execution of this
agreement, the OWNER shall, to the extent permitted by law, and without waiving any
immunities available thereunder, indemnify. and hold harmless the ARTIST against any and all
claims or liabilities thereafter made in connection with the ART WORK, the site, the project or
this agreement, except claims by the OWNER against the ARTIST and claims which may occur
as a result of the ARTIST'S breach of the warranties provided in Article 5.
-2
Article 5. Warranties of Title
The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic
effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S
REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any
copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale
elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever.
Article 6. Reproduction Rights
6.1 General
To the extent not limited by this Section 6.1, the ARTIST retains all rights under the Copyright
Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except
ownership and possession. In view of the intention that the ART WORK in its final dimension
shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final
ART WORK, nor shall the ARTIST grant permission to others to do so except with the written
permission of the OWNER. The ARTIST grants to the OWNER and its assigns aroyalty-free,
irrevocable license to make two or three dimensional reproductions of the ART WORK for
educational and/or non-commercial purposes, including but not limited to reproductions used in
advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational
and development projects, or other similar publications, provided that these rights are exercised
in a professional manner.
6.2 Notice
All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice
substantially in the following form: ~ [ARTIST'S NAME], date of publication.
6.3 Credit to Owner
The ARTIST shall use best efforts to give a credit reading substantially, "an original art work
owned and commissioned by the City of Iowa City, Iowa" in any public showing under the
ARTIST'S control or reproductions of the ART WORK.
6.4 Registration
The ARTIST may cause to be registered with the United States Register of Copyrights a
copyright of the ART WORK in the ARTIST'S name.
Article 7. ARTIST'S Rights
7.1 Identification
The OWNER shall, at its expense, prepare and install at the site a plaque identifying the
ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain
such notice to the extent as may be practicable.
7.2 Maintenance
3
The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to
the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the
ART WORK is properly maintained and protected, taking into account the instructions of the
ARTIST provided in accordance with Section 4.
7.3 Alteration of the Work or of the Site
a. Except as provided under subsection 7.3(b), below, the OWNER agrees that it will not
intentionally damage, alter, modify or change the ART WORK without the prior written approval
of the ARTIST.
b. The OWNER reserves the right to alter the location of the ART WORK; relocate the
ART WORK to another site; and remove the ART WORK from public display. The following
provisions shall apply to relocation or removal:
(i) While the OWNER shall attempt to remove ART WORK in such a way as to
not affect the ART WORK, it is the parties' understanding that such removal may result in
damage, alteration, modification, destruction, distortion or other change of the ART WORK.
The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so
as to waive rights under 17 U.S.C. Section 106A.
(ii) If, at the time of removal, it is determined that the ART WORK may be
removed without damage, alteration, modification, destruction, distortion or other change,
OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion
of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and
address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The
ARTIST further agrees to update information with the Register of Copyrights so as to permit
notification of intent to remove the ART WORK.
7.4 Permanent Record.
The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this
Agreement and the location and disposition of the ART WORK.
Article 8. Assignments, Transfer, Subcontracting
Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such
transfer shall be null and void and shall be cause to annul this Agreement.
Article 9. General Terms
Should any section of this Agreement be found invalid, it is agreed that the remaining portion
shall be deemed severable from the invalid portion and continue in full force and effect.
Article 10. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
Article 11. Modification
4
No alteration, change, or modification of the terms of the Agreement shall be valid unless made
in writing and signed by both parties hereto and approved by appropriate action of the OWNER.
OWNER
Matthew J. H ~ yor
ATTEST: ~,~~~~iLly ~' j~/~-~
City Clerk
App oved by
~v
City Attorney's Office q~,~~n
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CITY OF IOWA CITY
PUBLIC ART PROGRAM
SIMPLE FLIGHT
AGREEMENT BY AND BETWEEN OWNER AND ARTIST
THIS AGREEMENT is made on ~ between the City of Iowa City,
hereinafter'~referred to as the OWNER, and Jaso~i Messier, hereinafter referred to as the
ARTIST. l~e OWNER'S REPRESENTATIVE shiall be the Director of the Department of
Planning and ommunity Development or his/hey designee. The COMMITTEE shall be the
Public Art Advisory Committee.
WHEREAS, he OWNER, on the recommendation of the COMMITTEE, has accepted
the offer by the AR T for the purchase of-Simple Flight, hereinafter referred to as ART
WORK. The ART WO K is currently on exh}~it at the Peninsula Park Scuptor's Showcare at
the Peninusal Park. Photographs of the ART JfNORK are attached hereto as Exhibit "A".
NOW, THEREFORE,~`,,,in conside
contained herein, the parties ague as folio
Article 1. Compensation
The OWNER shall pay the ARTIST fi`~
compensation for OWNER's acquisiti n
expenses, and materials used to Great th
Article 2. Description of ART WORK
Title: Simple Flight
Medium: powder coated/painted
Height: 5'
Approximate Weight: 300 lbs.
Fair Market (insurance) value
Article 3. Title
Title of the ART WORK
agreement.
Article 4. Post I
The ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for
appropriate maintenance and preservation of the ART WORK. Upon execution of this
agreement, the OWNER shall, to the extent permitted by law, and without waiving any
immunities available thereunder, indemnify and hold harmless the ARTIST against any and all
claims or liabilities thereafter made in connection with the ART WORK, the site, the project or
this agreement, except claims by the OWNER against the ARTIST and claims which may occur
as a result of the ARTIST'S breach of the warranties provided in Article 5.
500
on of the mutual promises and undertakings
thousand dollars ($5,000) which shall constitute full
of the ART WORK, including all fees, services,
;`ART WORK.
I pass to the OWNER upon OWNER'S upon execution of this
Article 5. Warranties of Title
The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic
effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S
REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any
copyright; (c) that the, ART WORK, or a duplicate thereof, has not been accepted for sate
elsewhere; and (d) the ART WORK is free and clear of any lien~`from any source whatever.
Article 6. Reproduction Rig
6.1 General
To the extent not limited by this S tion
Act of 1976, 17 U.S.C., 101 et. s .,
ownership and possession. In view o t
shall be unique, the ARTIST shall not
ART WORK, nor shall the ARTIST gran
permission of the OWNER. The ARTIS
irrevocable license to make two or three dii
educational and/or non-commercial purposes,
advertising, calendars, posters, brochures,
and development projects, or other similar puk
in a professional manner.
6.2 Notice
All reproductions by the OWNER shall co
substantially in the following form: ~ (ARTI;
6.3 Credit to Owner
med
ST retains all rights under the Copyright
ri is in and to the ART WORK except
t the ART WORK in its final dimension
onal duplicate reproductions of the final
0 others to do so except with the written
e OWNER and its assigns aroyalty-free,
final reproductions of the ART WORK for
ling but not limited to reproductions used in
publicity, catalogues, museum, educational
Ins, provided that these rights are exercised
n a credit tdtthe ARTIST and a copyright notice
> NAME], date of publication.
The ARTIST shall use best efforts to e a credit reading subs ntially, "an original art work
owned and commissioned by the City of Iowa City, Iowa" in an public showing under the
ARTIST'S control or reproductions oft e ART WORK.
6.4 Registration
The ARTIST may cause to be r gistered with the United States Regi ter of Copyrights a
copyright of the ART WORK in the ARTIST'S name.
Article 7. ARTIST'S Rights
7.1 Identification
The OWNER shall, at its expense, prepare and install at the site a plaque identifying the
ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain
such notice to the extent as may be practicable.
6.1, the ARTI
and all other
he intention th
ke any addi
t ermission
T g nts to tai
7.2 Maintenance
The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to
the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the
ART WORK is properly maintained and protected, taking into account the instructions of the
ARTIST provided in accordance with Section 4.
7.3 Alteration of the Wo or of the Site
a. Except as provide under subsection 7.3(b), below, th OWNER agrees that it will not
intentionally damage, alter, m ify or change the ART WORK ithout the prior written approval
of the ARTIST.
b. The OWNER reserves th right to alter the locat' n of the ART WORK; relocate the
ART WORK to another site; and re ove the ART WOR from public display. The following
provisions shall apply to relocation or r oval:
(i) While the OWNER shall ttempt to move ART WORK in such a way as to
not affect the ART WORK, it is the partie 'under anding that such removal may result in
damage, alteration, modification, destruction, isto tion or other change of the ART WORK.
The ARTIST acknowledges that this provision s a qualify under 17 U.S. C. Section 113 (d) so
as to waive rights under 17 U.S.C. Section 106A.
(ii) If, at the time of removal, t is termined that the ART WORK may be
removed without damage, alteration, modif' ation, struction, distortion or other change,
OWNER shall give notice as required by 17 .S.C. Sec n 113 (d) (2) and (3). On completion
of the ART WORK, the ARTIST agrees file the reco s, including ARTIST'S identity and
address, with the Register of Copyrights provided under' 7 U.S.C. Section 113 (d) (3). The
ARTIST further agrees to update infor tion with the Regi~er of Copyrights so as to permit
notification of intent to remove the ART ORK. '~~
7.4 Permanent Record. `~
The OWNER'S REPRESENTAT E shall maintain on perman~it file a record of this
Agreement and the location and sposition of the ART WORK. \
j
Article 8. Assignments, Transfe ,Subcontracting
Neither this Agreement nor ny interest herein shall be transferred by the ~RTIST. Any such
transfer shall be null and vo' and shall be cause to annul this Agreement.
Article 9. General Terms
Should any section oft is Agreement be found invalid, it is agreed that the remaFping portion
shall be deemed sever ble from the invalid portion and continue in full force and effect.
Article 10. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
Article 11. Modification
No alteration, change, or modification of the terms of the Agreement shall be valid unless made
in writing and signed by both parties hereto and approved by appropriate action of the OWNER.
ARTIST OWNER
m t~
14
Prepared by: Marcia Bollinger, Associate Planner, 410 E. Washington St., Iowa City, IA 52240, 356-55237
RESOLUTION NO.10-414
RESOLUTION ACCEPTING ZOYA, A SCULPTURE CREATED BY VALERY
KOVALEV AS A GIFT FROM KHRISTOFOR AGASSANDIAN TO THE CITY OF
IOWA CITY, IOWA.
WHEREAS, Khristofor Agassandian commissioned Valery Kovalev to create awood-carved
sculpture titled Zoya in 1996; and
WHEREAS, the sculpture is currently located at 1225 Muscatine Ave, Iowa City, Iowa: and
WHEREAS, Khristofor Agassandian wishes to donate the art work to the City of Iowa City; and
WHEREAS, the Public Art Advisory Committee recommended at their September 2, 2010
meeting that the City accept the gift of the sculpture; and
WHEREAS, the Committee recommends placing Zoya in the Willow Creek Park for public display.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. That the City accepts the donation of the Kovalev sculpture from Khristofor Agassandian
subject to the terms of the attached agreement, which is hereby approved as to form and
content.
2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement.
Passed and approved this ~~ Gr day of September , 2010.
~ ~k
MAYOR
AppDroved by: /~ , /
ATTEST: _ ~ c..~'9 Q,~a ~,~~~a~L+' ~N~~~*/
City erk City Attorney's Office
~ ley lea
Resolution No. ~ n- ~ i ~
Page 2
It was moved by Wilburn and seconded by Bailey 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
CITY OF IOWA CITY
PUBLIC ART PROGRAM
AGREEMENT FOR THE CITY'S ACCEPTANCE
OF "ZOYA" A CARVED WOODEN SCULPTURE SCULPTED BY VALERY KOVALEV
THIS AGREEMENT is made on this2lst day ofs_ptember , 2010, by and among
the City of Iowa City (hereinafter "Owner"), and Khristofor Agassandian (hereinafter
"Contributor").
WHEREAS, on the recommendation of the Iowa City Public Art Advisory Committee,
Owner desires to accept as a gift the sculpture "Zoya" sculpted by Valery Kovalev (hereinafter
"Artist"), presently installed in the yard at 1225 Muscatine Ave, Iowa City, Iowa, hereinafter
referred to as Art Work. A photograph of said sculptures is attached hereto as Exhibit "A";
WHEREAS, Owner intends to install said Art Work for public display at Willow Creek
Park upon execution of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
1. Contributor hereby conveys all of his rights, title and interest in the Art Work to Owner as a
donation. Contributor acknowledges that he will not be compensated by Owner for such
donation.
2. Within 30 days of execution of this Agreement, Contributor shall furnish the Director of the
Department of Planning and Community Development or his/her designee (hereinafter
"Owner's Representative") the following:
a. Digital photographs documenting the process and development of the Art Work from
beginning fabrication through completion, if Contributors are in possession of any such
photographs;
b. Written instructions, if any, for appropriate maintenance and preservation of the Art Work;
c. Written records of any and all maintenance and preservation actions performed by
Contributor, his designee or agent for the care and preservation of the Art Work for the
period Contributor owned the Art Work.
3. Owner hereby agrees to remove the Art Work from its present location at 1225 Muscatine
Avenue, Iowa City, Iowa, within 30 days after execution of the Agreement. Owner intends to
install it at Willow Creek Park, Iowa City after completion of refurbishment of the Art Work, but
reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art
Work from public display pursuant to Paragraph 9 below.
4. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributor
until Owner removes Art Work from 1225 Muscatine Avenue and the Owner shall take such
2
measures as are necessary to protect the Art Work from loss or damage said removal. The
Contributor shall not be responsible for loss or damage due to vandalism, theft, accidents, or
acts of God once the Owner removes the Art Work from 1225 Muscatine Avenue.
5. Warranties of Title: Contributor represents and warrants that, to the best of his knowledge:
(a) the Art Work is unique and original and does not infringe upon any copyright; (b) that the Art
Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (c) the Art Work is
free and clear of any liens from any source whatever.
6. Warranties of Quality and Condition: Owner takes the Art Work as is and Contributor
warrants that he knows of no inherent defects in the Art Work and has not committed any act
that would materially affect the quality, durability or longevity of the Art Work.
7. Copyright Disclosure: Contributor affirmatively state that he is not aware of whether the Art
Work has been registered on the Register of Copyrights or otherwise copyrighted.
8. Contributors' Recognition. Upon installation at Willow Creek Park, or any future relocation of
the Art Work, the Owner shall, at its expense, prepare and install at the site a plaque identifying
the Artist, Contributor, the title of the Art Work, and the year of completion; and shall reasonably
maintain such notice to the extent as may be practicable.
9. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally
damage, alter, modify or change the Art Work without the prior written approval of the
Contributor. Owner shall take reasonable steps to assure that the Art Work is properly
maintained and protected. Owner reserves the right to alter the location of the Art Work,
relocate the Art Work and remove the Art Work from public display.
10. Permanent Record. Owner's Representative shall maintain on permanent file a record of
this Agreement and the location and disposition of the Art Work.
11. Entire Agreement. This writing embodies the entire agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
Contributor ~~ Owner
' _ Ali ' /.
Khristofor A assandia Matthew J. Haye~yor
9
Attest: ~~/
Marian . K r, City Clerk
Approved by~CU ~~~~~e-~1~2~~
City Attorney's Office q/a~/~v
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CITY OF IOWA CITY
PUBLIC ART PROGRAM
AGREEMENT FOR THE CITY'S ACCEPTANCE
OF ZOYA A CARVED WOODEN SCULPTURE SCULPTED BY VALERY KOVALEV
THIS AGREEMENT is made on this day of` , 2010, by and among
the City of Iowa City (hereinafter "Owner"), acid Khristofor Agassandian (hereinafter
"Contributor").
WHEREAS, on the recommendation of the Iowa City Public Art Advisory Committee,
Owner desires to accept as a`~,gift the sculpture "Zoya" sculpted by Valery Kovalev (hereinafter
"Artist"), presently installed in 1 e yard at 1225 Muscatine Ave, Iowa City, Iowa, hereinafter
referred to as Art Work. A photo aph of said Sculptures is attached hereto as Exhibit "A";
WHEREAS, Owner intends to install said Art Work for public display at Willow Creek
Park upon execution of this Agreeme t.
NOW, THEREFORE, in con ideration of the mutual promises and undertakings
contained herein, the parties agree as fo oars:
1. Contributor hereby conveys all of his rj hts, title and interest in the Art Work to Owner as a
donation. Contributor acknowledges that a will not be compensated by Owner for such
donation. ~`t
2. Within 30 days of execution of this~~Agreem nt, Contributor shall furnish the Director of the
Department of Planning and Corr~munity De elopment or his/her designee (hereinafter
"Owner's Representative") the follow~ng:
a. Digital photographs docume feting the proces and development of the Art Work from
beginning fabrication through ~COmpletion, if Con ibutors are in possession of any such
r
photographs;
b. Written instructions, if any,;`for appropriate maintena ce and preservation of the Art Work;
c. Written records of any; Viand all maintenance and preservation actions performed by
Contributor, his designee ~or agent for the care and pr servation of the Art Work for the
period Contributor owned:~the Art Work.
3. Owner hereby agrees to remove the Art Work from its pr~sent location at 1225 Muscatine
Avenue, Iowa City, Iowa, within 30 days after execution of th~Agreement. Owner intends to
install it at Willow Creek Park, Iowa City after completion of refuitbishment of the Art Work, but
reserves the right to alter the location of the Art Work, relocate the~Art Work and remove the Art
Work from public display pursuant to Paragraph 9 below.
4. Risk of Loss. The risk of loss or damage to the Art Work shall be borne by the Contributor
until Owner removes Art Work from 1225 Muscatine Avenue and the Owner shall take such
2
measures as are necessary to protect the Art Work from loss or damage said removal. The
Contributor shall not be responsible for loss or damage due to vandalism, theft, accidents, or
acts of God once the Owner removes the Art Work from 1225 Muscatine Avenue.
5. Warranties of Title: Contributor represents and warrants that, to the best of his knowledge:
(a) the Art Work is unique and original and does not infringe upon any copyright; (b) that the Art
Work, or a duplicate thereof, has not been accepted for sale elsewher ;and (c) the Art Work is
free and clear of any liens from any source whatever.
6. Warranties of Quality aid Condition: Owner takes the Art ork as is and Contributor
warrants that he knows of no ~ herent defects in the Art Work a d has not committed any act
that would materially affect the q ality, durability or longevity oft e Art Work.
7. Copyright Disclosure: Contribut r affirmatively state that he is not aware of whether the Art
Work has been registered on the Re ister of Copyrights or otl~,lerwise copyrighted.
8. Contributors' Recognition. Upon ins Ilation at Willow Cr k Park, or any future relocation of
the Art Work, the Owner shall, at its exp se, prepare and install at the site a plaque identifying
the Artist, Contributor, the title of the Art W rk, and they ar of completion; and shall reasonably
maintain such notice to the extent as may be racticabl .
9. Maintenance. Except as provided for herei ,the caner agrees that it will not intentionally
damage, alter, modify or change the Art Wok ithout the prior written approval of the
Contributor. Owner shall take reasonable steps to assure that the Art Work is properly
maintained and protected. Owner reserves the rig t to alter the location of the Art Work,
relocate the Art Work and remove the Art Work romp lic display.
10. Permanent Record. Owner's Representat~ a shall intain on permanent file a record of
this Agreement and the location and dispositi n of the Art ork.
11. Entire Agreement. This writing embodi the entire agre ent and understanding between
the parties hereto, and there are no other greements and and rstandings, oral or written, with
reference to the subject matter hereof th tare not merged herein'alnd superseded hereby.
Contributor ~ Owner
Khristofor Agassandian
Matthew J. Hayek, Ma
Attest:
Marian K. Karr, City Clerk
Approved by: /'
Ci y Attorney's Office ~~~~~ro
~~~
15
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-415
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
HAZARD MITIGATION GRANT PROGRAM (HMGP) GRANT AGREEMENT
AND COMMITTING THE LOCAL MATCH FUNDS FOR THE HICKORY HILL
PARK TORNADO ROOM PROJECT.
WHEREAS, the City has been awarded a Hazard Mitigation Grant Program (HMGP) to
construct a tornado room at Hickory Hill Park;
WHEREAS, HMGP grants provide funding from the federal government for 75 percent of
the costs;
WHEREAS, the State of Iowa will provide funding for 10 percent of the costs;
WHEREAS, the remaining 15 percent is informally referred to as the local match and must
be paid by the City;
WHEREAS, the budget for the project is $186,692, which requires a local match of
$28,004; and
WHEREAS, it is in the City's best interest to sign a grant agreement for construction of a
safe room at Hickory Hill Park and to commit the funds for the local match.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The City Manager is authorized to sign two copies of the Hazard Mitigation Grant
Program Property agreement for Hickory Hill Park Tornado Safe Room Project and
the Parks and Recreation Director is designated the Authorized Representative.
2. The City agrees to provide and make available local monies to be used to meet
the minimum 15 percent match requirement for this HMGP grant.
Passed and approved this 21st day of September, 2010.
/~..~E~"mil ,,.._
MAYOR
ATTEST: ~ ~-~
CIT LERK
City Attorney's Office
Resolution No. 10-415
Page 2
It was moved by Mims and seconded by Champion 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
MJ„
CJ
Prepared by: Chris O'Brien, Transportation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156
RESOLUTION NO. 10-416
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
TRANSPORTATION SERVICES DEPARTMENT BY REMOVING ONE
MAINTENANCE WORKER II -PARKING SYSTEMS -NIGHT POSITION AND
CREATING ONE MAINTENANCE WORKER I POSITION AND AMENDING THE
AFSCME PAY PLAN BY DELETING THE POSITION OF MAINTENENACE
WORKER II -PARKING SYSTEMS -NIGHT, GRADE 4.
oy-z~ -~ u
16
WHEREAS, Resolution No. 10-65, adopted by the City Council on March 2, 2010, authorized
budgeted positions in the Transportation Services Department for FY11; and
WHEREAS, Resolution No. 10-268, adopted by the City Council on May 10, 2010, established
a classification/compensation plan for AFSCME employees; and
WHEREAS, one Maintenance II -Parking Systems -Night position is vacant; and
WHEREAS, an evaluation of duties performed by the night maintenance staff within the Parking
Division showed no difference in duties performed; and
WHEREAS, it was determined that the Transportation Services Department would be best
served with the elimination of one Maintenance Worker II -Parking Systems -Night position
and the addition of one Maintenance Worker I -Parking Systems position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The budgeted positions in the Transportation Services Department be amended by:
1. The removal of one Maintenance Worker II -Parking Systems -Night position,
AFSCME Grade 4.
2. The addition of one Maintenance Worker I -Parking Systems position, AFSCME Grade
2.
The AFSCME pay plan be amended by:
1. The deletion of the position Maintenance Worker II -Parking Systems -Night, Grade 4.
Passed and approved this 21st day of September , 20 10
~II~ Q~~
MAYOR
ATTEST: ~71~~u-~s~ `n i~~
CITY LERK
Approved by
City Attorney's Office
wpdata/transiUres/MW II-x2.doc
Resolution No. i n-c i ti
Page 2
It was moved by hampion and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
_~-
x
x
x
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
/~~~ - -
17
Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 31 9-
356-5030
RESOLUTION NO. 10-417
RESOLUTION AUTHORIZING RETENTION OF HALL & ASSOCIATES FOR
LEGAL REPRESENTATION IN THE MATTER OF IOWA LEAGUE OF CITIES V.
ENVIRONMENTAL PROTECTION AGENCY.
WHEREAS, the City Attorney's Office recommends retaining outside counsel
to represent the City's interests in Iowa League of Cities v. Environmental
Protection Agency; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT:
1. The attorneys of Hall & Associates should be retained to represent the
City's interests in the matter of Iowa League of Cities v. Environmental
Protection Agency at hourly rates for the lawyers and staff as follows,
with the total of all fees and expenses not to exceed $25,000:
John Hall $325.00
Gary Cohen $295.00
Bill Hall $235.00
Philip Rosenman and other associate attorneys $165.00
Legal Assistant $80.00
2. That the Mayor is hereby authorized and directed to sign a Joint
Litigation Agreement, an engagement letter and/or other agreement as is
necessary to secure such joint representation with John Hall &
Associates and the City Attorney and Finance Department are hereby
authorized to make payments in accordance with any agreement or
engagement letter.
Passed and approved this 21st day of September , 2010.
A
MAYOR ,~J
ATTEST: ~JjGz.r-~sr~ ~• JC~>
CITY CLERK
Approved by
~~~~ ~~~~
Clty Attorney s Office 9~~s~1~
Resolution No. 10-417
Page 2
It was moved by Wright and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
~-
~_
~_
x
x
-~-
x
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
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W A C[ T Y ~,'s~
~r 1 CITY OF [O
.:m
~'-~~~-~~ AND ~
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PRESS RELEASE
Date: September 21, 2010
From: Sara Greenwood Hektoen, Assistant City Attorney
RE: Iowa Lea e of Cities v United States Environmental Protection Aaency
FOR IMMEDIATE RELEASE
Iowa City, Iowa- The Iowa City City Council approved a resolution to provide financial support to the Iowa
League of Cities for its federal lawsuit against the Environmental Protection Agency (EPA). The lawsuit, filed in
the 8~' Circuit Court of Appeals on July 23, 2010, is based on the EPA's reinterpretation of certain federal
regulations, made without benefit of public notice or comment, that affect cities with significant wet weather
collection issues. The City of Iowa City, having many older sewers and a high groundwater infiltration rate, is a
City affected by the rule reinterpretations.
The resolution approved by Council authorizes the Mayor to enter in to an agreement with other affected
communities throughout Iowa to share litigation expenses, including attorney fees billed by Hall and Associates,
Washington D.C., who were retained by the League to file this suit. The City's contribution is not to exceed
$25,000 without further Council approval.
The EPA's reinterpretation of the federal bypass rule is of primary concern to the City. In the last several years,
EPA has initiated a series of more restrictive federal high flow treatment rule interpretations regarding collection
system design, bypass rule applicability, and acceptable plant design and operations. EPA now asserts that state
rules and treatment plant processes previously approved as consistent with federal regulations would be unlawful
under the very same rules. These reinterpretations have never undergone public notice and comment.
"One of the concerns with the rule reinterpretations relates to the City's excess flow and flow equalization
facilities, which are currently permitted but would be unacceptable under the new EPA interpretation," said Rick
Fosse, Public Works Director. "Our current facilities would need to be significantly enlarged to assure peak flows
are processed through all units, or in the alternative, large holding basins to hold peak flows will need to be
constructed. Both would come at significant taxpayer expense with little to no environmental benefit."
The cities of Council Bluffs, Cedar Rapids, Sioux City, Des Moines, Ames and Dubuque have approved the cost-
sharing agreement, with other cities likely to do the same in the near future.
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