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HomeMy WebLinkAbout2010-11-30 Resolution^ 3f(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. ip-497 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2512 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 14, 2010, the owner executed a Mortgage with the City of Iowa City to secure a Community Development Block Grant (CDBG) loan to purchase 2512 Aster Avenue; and WHEREAS, the owner sold 2512 Aster Avenue and the new owner has signed a recapture agreement for the CDBG funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. 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 2512 Aster Avenue from a Mortgage recorded November 4, 2010, Book 4676, Page 735 through Page 739 of the Johnson County Recorder's Office. Passed and approved this 30th day of November 20 l0 ~a~i~ MAYOR ATTEST: ~~/~~~ CITY JERK App or~ved by :~ ~c--~~rc, City Attorney's Office Resolution No. 10-497 Page 2 It was moved by Champion and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~ Champion ~ Dickens X Hayek x 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 Mortgagorls): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 2512 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 25, Whispering Meadows Subdivision, Part One, Iowa City, Iowa according to the plat thereof recorded in Book 31, Page 277 Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded November 4, 2010, Book 4676, Page 735 through Page 739 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: CIT CLERK STATE OF IOWA ) SS: JOHNSON COUNTY ) MAYOR Appro~ d b~ City Attorney's Office On this ~3b~~ day of ~ a ~ ~ c+. r r~ , A.D. 20 / o ,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 th,e corporation by authority of its City Council, as contained in Resolution No. /o •- adopted by the City Council on the 3o day ~ouE..r~t;F fir , 20 ID 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. ,~~Ar SONDRAE FORT ~i77[~hc.Q ~~ o Notary Public in and for Johnson County, Iowa _ ~ Commission Number 159791 My Commission Expires IOW 3 "~ ..j6/~ ~~ 3f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-498 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED 2016 WESTERN ROAD, IOWA CITY, IOWA. WHEREAS, on November 14, 2005, the owner executed a Mortgage and a Promissory Note 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 2016 Western Road, Iowa City, Iowa from a Mortgage recorded November 18, 2005, Book 3964, Page 751 through Page 756 and a Promissory Note recorded April 21, 2006, Book 4014, Page 184 of the Johnson County Recorder's Office. Passed and approved this 30th day of November 20~_ ~~ MAYOR ATTEST: ~CLIGClss/ ~f ~~> CITY CLERK Approved by ,~~~-, ~ c -a ~_ fa City Attorney's Office It was moved by ('.hams ; ~„ and seconded by M; me the Resolution be adopted, and upon roll call there were: AYES: ~ NAYS: ABSENT: x Bailey g 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-: Gregory L. Hearns Mortgagee: City of Iowa City RELEASE OF L/ENS The City of Iowa City does hereby release the property at 2016 Western Road, Iowa City, Iowa, and legally described as follows: Lot 18, Block 5, Fair Meadows Addition Third Unit to Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 2, Page 80A, Plat Records of Johnson County, Iowa. from an obligation of the owner, Gregory L. Hearns, to the City of Iowa City represented by a Mortgage recorded November 18, 2005, Book 3964, Page 751 through Page 756 and a Promissory Note recorded April 21, 2006, Book 4014, Page 184 of the Johnson County Recorder's Office. This obligation has been repaid 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: ~. 'CIT `CLERK STATE OF IOWA - - SS: JOHNSON COUNTY 1 f ~ ~/~ MAYOR Ap roved by 1(~-dated City Attorney's Office On this ~o {-~ day of /L~au>.~28.F~Z. , A.D. 20 ~ t7 ,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-•gRR ,adopted by the City Council on the 3orl` day /Jc~ t°nn(3~ R , 20,x_ 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 s SONDRAE FORT _ ~ Commission Number 159791 ~m,c~rcc[.._. My Com fission Expires Notary Public in and for Johnson County, Iowa ~.'_,--r.®~ CITY OF IOWA CITY 3f3 ~ ~~~~~~ '-~~~~; ~ ~ RA N D u M MEMO Date: November 22, 2010 To: City Council a ~ From: Kim Sandberg~~r` Re: Final Acceptance of Public Improvements The following are costs associated with the Ca~ital Improvement Projects being presented for acceptance at the November 30t Council meeting: 1) Iowa City Kickers Soccer Park Renovation Project Contractor.' MBA Concrete • Project Estimated Cost: $ 240,000.00 • Project Bid Received: $ 211,833.00 • Project Actual Cost: $ 223,910.80 cc: Rick Fosse Ron Knoche _,r.. r _ ~ ~~~~ ~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org November 22, 2010 City Clerk City of Iowa City, Iowa Re: Iowa City Kickers Soccer Park Renovation Project Dear City Clerk: hereby certify that the construction of the Iowa City Kickers Soccer Park Renovation Project has been completed by MBA Concrete, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $223,910.80. recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer M ~~- Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 1 ~-499 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT .~ .., 7.. (~ ^~~ ., WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Kickers Soccer Park Renovation Project, as included in a contract between the City of Iowa City and MBA Concrete, Inc. of North Liberty, Iowa, dated March 11, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $223,910.80. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th day of November , 2010 f~'L's/ti MAYOR Approved by ATTEST: ~- ~~C~!W u.~cL ~O ~e~G-~,-~ CITY LERK Ci y Attorney's Office ~ ~ 2.-z~ ~~ It was moved by Champion and seconded by Mims 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 Pweng/res/acptworkOKickers ParkRenovation.doc 11/10 ~" ~ ~,:° _~ r ~ ~®~.~'~ -•ti.a.` CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT November 19, 2010 Honorable Mayor and City Council City of Iowa City, Iowa Re: Mount Prospect Addition, Part IX Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, sanitary sewer, water main, the lines, and paving improvements for Mount Prospect Addition, Part IX has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the storm sewer, sanitary sewer, the lines, and water main improvements constructed by Carter & Associates of Coralville, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, -~r~~. Ronald R. Knoche, P.E. City Engineer pweng/engrpt-MtProspectlX.doc M~ 3f 4 Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 10-500 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, AND PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT ADDITION, PART IX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm sewer, tiles lines, water main, and sanitary sewer improvements for Mount Prospect Addition, Part IX, as constructed by Carter & Associates of Coralville, Iowa. Paving improvements for Mount Prospect Addition, Part IX, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements are previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 30th day of ATTEST: ~ ~ x~ Tf - ~~-~ CITY ERK November , 2010. MAYOR Approved by ~~~~~ ity Attorney's OfFce ~~~a'~~io Resolution No. 10-500 Page 2 It was moved by Champion and seconded by Mims 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 Pweng/res/mtprospectlX-ACPTW ORK-10. doc 11/10 M-I j Sd Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO 10-501 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420T" ST SE, JOHNSON COUNTY, IOWA. WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located at 4764 420th St SE, Iowa city, Iowa; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexation of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2009), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments. WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Lot 2 of Nathaniels' Addition, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, Plat records of Johnson County, Iowa. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7(2) (2009) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 30th day of November , 2010. ATTEST: CIT LERK fk'~9 ~ MAYOR Approved by :! flu . ti ~~1 ~~~~~ ~-~ City Attorney's Office Ic loo Div Resolution No. 10-501 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ~ ABSENT: ~_ Bailey x Champion X Dickens g Hayek X Mims _~_ Wilburn ~_ Wright wpdata/glossary/resolution-ic. doc ~ ~~ Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420TH ST SE, JOHNSON COUNTY. WHEREAS, Max J. and LaVaughn M. Neppel are the owners and legal titleholders of approximately 1.85 acres of land located at 4764 420`h St SE; and WHEREAS, Max J. and LaVaughn M. Neppel have requested annexation of the approximate 1.85 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2009), noti of the application for annexation was sent to the Johnson County Board of Supervisors, Joh son County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected pu lic utility, Scott Township, the Johnson County Cour II of Governments, and the East Central to a Council of Governments. WHEREAS, none of th~se entities have objected to the propose annexation. NOW, THEREFORE, BE I RESOLVED BY THE CITY COUI~ICIL OF THE CITY OF IOWA CITY, IOWA, THAT: ' 1. The following described lands ould be voluntarily annexed`to the City of Iowa City, Iowa: LEGAL DESCRIPTIO F TRUST PROP RTY TO BE ANNEXED: Lot 2 of Nathaniels' Addition, a subdi ~ ion in Johnson County, Iowa, according to the plat thereof recorded in Book 19, Page 27, at records of Johnson County, Iowa. 2. The City Clerk is hereby authorized and di cted to certify, file, and record all necessary documents as required by Iowa law under ec ~on 368.7 (2009) at Owner's expense. 3. Further, the City Clerk is hereby authori ed a directed to certify and file all necessary documents for certification of the popul ion of th annexed territory to Johnson County and the State Treasurer, said population b Ing zero. Passed and approved this y of , 2010. MAYOR ATTEST: CITY CLERK Approved by -_ .. _ _~:. City Attorney's Offi~e`e~. _ =y _- ~ a STAFF REPORT To: Planning & Zoning Commission Item: ANN 10-00004/REZ10-00012 GENERAL INFORMATION: Applicants/Contact: Prepared by: Lorin Ditzler Date: October 7, 2010 Max J. and LaVaughn M. Neppel P.O. Box 723 Walcott, IA 52773 (563)284-4178 Requested Action: Annexation and Rezoning Purpose: To allow the property to be incorporated into the City of Iowa City for future development and to rezone the property to General Industrial (I-1) Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 4764 420`h St SE, Iowa City 1.85 Acres County Heavy Industrial (MH) West: Industrial (I-1) -undeveloped North: County Heavy Industrial (MH) -industrial East: County Heavy Industrial (MH) -industrial South: County Residential (R)- residential Industrial August 26, 2010 No limitation with annexation The applicants have requested annexation to Iowa City. The land consists of 1.85 acres on 420cn street, west of Taft Avenue and south of the Iowa Interstate Railway and 420`h St SE. Three vacant buildings currently sit on the site. In 2008, the city annexed 179 acres of land for Industrial use to the west and north of the subject property. Those 179 acres are currently being subdivided by the City. 2 ANALYSIS: Annexation The Comprehensive Plan has established a growth policy to guide the decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. 1 . The area under consideration falls within the adopted long-range planning boundary. The City's long range planning boundary is defined as the area for which sanitary sewer service can be provided. This sanitary sewer service area is generally based on watershed boundaries and the general topographical features of the land. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. The subject property is located adjacent to the city's eastern corporate limit and within the city's long-range planning boundary. The City Engineer has examined the topography in the area and determined that sewer service can be provided to the entirety of this property from the Scott Boulevard Trunk Sewer. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. There is an identified need for additional land to provide for future industrial growth. The land under consideration for annexation is a logical extension of the existing industrial area. The upgrade of 420`" Street is currently underway. Other City services will also be extended. 3. Control of the development is in the City's best interest. The property is within the Long-Range Planning boundary and abuts the City's corporate limits. The City of Iowa City has identified a need for additional land for future industrial development. Therefore, control of this property is in the City's best interest. Under County jurisdiction, development is limited by inadequate sewer, water and road services. Annexation will allow the land to be developed in a manner consistent with industrial zoning and will ensure adequate traffic circulation and efficient provision of public services, such as water, sewer, and streets. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the above conditions exist. In staff's view, these conditions have been met for this voluntary annexation request. Rezoning Compliance with the Comprehensive Plan The Comprehensive Plan states that "the provision of space for industrial development is a community-wide goal. The Southeast Planning District contains property which is appropriate for meeting this goal. For years, long-range plans of Iowa City have shown expansion of the BDI Industrial park, east of Scott Boulevard between the Iowa Interstate Railway line and 420`" Street." Since the adoption of the Comprehensive Plan in 1997, land for the Scott-Six Industrial Park was annexed and has been largely built out. The city recently purchased 179 acres adjacent to the subject property on the west, and is now developing that land into an industrial park. 3 General Industrial (I-1) Zoning is consistent with the zoning on adjacent property to the west and north. Streets and traffic circulation: Improvement of 420`h Street to the west of the subject property is currently underway. Upgrade of this roadway is necessary to provide appropriate access for future industrial users. Improvements on 420`h will eventually be extended east to Taft Avenue, once all properties along that section of road are annexed. It is also in the City's long range plans to improve Taft Avenue to meet future access and traffic circulation needs for areas east of Scott Boulevard. Infrastructure The City is extending water mains along 420`h Street as part of the street reconstruction project, to make water service available for future development. Sanitary sewer service will be made available with extension of a branch from the Scott Boulevard Trunk Sewer. STAFF RECOMMENDATION: Staff recommends that ANN 10-00004 and REZ10-00012, an annexation to the City of Iowa City and rezoning of 1.85 acres of land from County Heavy Industrial (MH) to General Industrial (I-1) be approved. ATTACHMENTS: Location Map Approved by: i~/ `'~ - Robert Miklo, Senior Planner Department of Planning and Community Development j s RESOLUTION NO. 10-502 RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $2,400,000 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, (the "City"), is authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act") to issue Midwestern Disaster Area revenue bonds for the purpose of defraying a portion of the cost of acquiring, constructing and improving an interest in approximately 3.51 acres and a new approximate 10,000 square foot medical office building located in the 2600 block of Northgate Drive, Iowa City, Iowa (hereinafter "Project"), and paying the costs of issuing the bonds and to loan the proceeds from the sale of such bonds, pursuant to a Loan Agreement, to EPS Properties LLC, an Iowa limited liability company (hereinafter referred to as the "Borrower"), to be used for the aforesaid purposes; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $2,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City, that said Bonds be issued as proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That it is hereby determined that it is necessary and advisable that the City proceed with the issuance of its Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) in an amount not to exceed $2,400,000, all as authorized and permitted by the Act and Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, (the "Code") and to loan the proceeds of the sale of the Bonds to the Borrower, all upon terms and conditions mutually satisfactory to the City and the Borrower. Section 2. That at the public hearing conducted by this Council as required by the Act and Section 147(f) of the Code and pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That the City Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Borrower that satisfactory financing terms have been agreed upon with the proposed purchasers, that it has received an allocation of Midwestern Disaster Area bonds from the Iowa Finance Authority and the necessary determination by the governor of the State of Iowa, or his designee, and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including Ahlers & Cooney, P.C. as counsel to the City of Iowa City, Iowa. {00968991.DOC} Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said the City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved as of the 30th day of November, 2010. CITY OF IOWA CITY, IOWA, (Corporate Seal) MATTHEW J. Y ,Mayor Attest: f~ MA N K. KARR, City Clerk {00968991.DOC} 2 Iowa City, Iowa November 30, 2010 The City Council of the City of Iowa City, Iowa, met on-the above date in the Council Chambers, City Hall, 410 E. Washington Street, Iowa City, IA 52440, at 7:00 p.m. in open regular session, pursuant to law and the local rules of the Council. The meeting was called to order by Mayor MATTHEW J. HAYEK presiding, and on roll call the following Council members were present or absent as follows: NAME MATTHEW J. HAYEK REGENIA BAILEY TERRY DICKENS MIKE WRIGHT ROSS WIL,BURN CONNIE CHAMPION SUSAN MIMS PRESENT ABSENT X x X X X X x The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $2,400,000 aggregate principal amount of the City's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, as required by Section 419.9, Code of Iowa, as amended, and Section 147(f) of the Internal Revenue Code of 1986, as amended, for the purpose of financing a portion of the cost of acquiring, constructing and improving an interest in approximately 3.51 acres and a new approximate 10,000 square foot medical office building located in the 2600 block of Northgate Drive, Iowa City, Iowa, and the costs of issuing the Bonds. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to EPS Properties LLC, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None.") None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None.") None {00968991.DOC} After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Wright introduced a Resolution entitled: RESOLUTION APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $2,400,000 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS, hereto attached, and moved its adoption. Council Member Bailey seconded the motion to adopt. After due consideration, the roll call was called and the resolution was adopted by the following vote: NAME AYE MATTHEW J. HAYEK X REGENIA BAILEY X TERRY DICKENS X MIKE WRIGHT X ROSS WILBURN X CONNIE CHAMPION X SUSAN MIMS NAY DID NOT VOTE Thereafter, the Mayor declared the resolution adopted and approval was signed thereto. Additional matters were taken before the City Council. Upon motion and vote, the meeting was adjourned. (Corporate Seal) ATTEST: MA N K. KARR, City Clerk CITY OF IOWA CITY, IOWA ~-1 ~'W MATTHEW J. HAY K, Mayor {00968991.DOC} CITY CLERK'S CERTIFICATE I, MARIAN K. KARR, do hereby certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, Iowa, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its City Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on November 30, 2010, approving the issuance of not to exceed $2,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010, of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the City Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the City Council pursuant to the local rules of the Council and the provisions of Chapter 21, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this day of November, 2010. (Corporate Seal) ~~~ ~ ,// MARIA K. KARR, City Clerk {00968991.DOC} M--~-~ Nnvamhet' 30 , 201 session, in the Emma J. The City Council of Iowa City, Iowa, met in ~ular M on the above date. Harvat Hall, City Hall, Iowa City, Iowa, at ~ • nn o'clock p , in the chair, and the following There were present Mayor Hayek named Council Members: Wright Absent: None ******* -I- L= Council Member Wilburn introduced the following Resolution entitled "RESOLUTION DECLARINGBT TTO REIIMBURSE THE CITY FOR ASURY REGULATION 1.150-2 TO ISSUE DE CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member Mims seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Dickens Havek, Mims Wilburn Wricht, Bailey, Champion NAYS Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 10-503 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 Tfl ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for a capital project, generally described below; and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in respect of the following Project, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing. -2- Section 3. That the City reasonabl of bonds notes or otherlindebtedness to bee following expenditures with the proceeds , issued or incurred by the City in the future. Section 4. That the total estimated costs of the Project, the maximum principal amount of the bonds, notes or other indo ectdare reasonablyex pected Po be as fol ohws: estimated dates of completion of the P ~ Fund from which original expen- Total Amount of Estimated ditures are to Estimated Borrowing Date of Equipment be Advanced Cost* Anticipated Completion Purchase Project Fire Equipment General Fund $1,772,735 $1,772,735 July, 2011 Yes __ Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 6. That this Resolution be merk and available at allltimes for public 1 Intent File maintained in the office of the C inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 30th day of November , 2010. /~.~-~1 ~ Mayor ATTEST: ~~~~~_~ 1~ i~~2~Lt~ City Clerk -3- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this ~~th day of November , 2010. City erk, Iowa City, Iowa SEAL # 675615.1 10714.000 M-~-~ 10 Prepared by: Michael Moran Director of Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240 RESOLUTION NO. 10-504 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF THE TERRY TRUEBLOOD RECREATION AREA -PHASE TWO PROJECT. WHEREAS, the growing number of U.S. cities are developing parks for the betterment of their citizenry; and WHEREAS, enhancing recreation opportunities improves the quality of life for Iowa City residents and visitors; and WHEREAS, the City Council had previously authorized the application fora Resource Enhancement and Protection (REAP) grant in Resolution No. 10-435 on October 11, 2010, to assist in the development of the Terry Trueblood Recreation Area-Phase Two construction; and WHEREAS, the City of Iowa City was awarded $200,000 as a result of that application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. The City Council hereby finds that it is in the public interest to enter into the REAP Grant Agreement for the Terry Trueblood Recreation Area- Phase Two construction. 2. The Mayor is authorized to sign and the City Clerk to attest said grant agreement in duplicate. 3. Staff is authorized to submit any additional documentation required to effectuate said Agreement to the Iowa Department of Transportation for said grant award. Passed and approved this 30th day of November , 20 10 _ __~ MAYOR Approved by ATTEST: CITY ERK City Attorney's Office i/ Z3 ~v Pradm in/res/truebloodgrant.doc Resolution No. 10-504 Page 2 the Resolution be It was moved by Wilburn and seconded by Wright adopted, and upon roll call there were: AYES: NAYS: ABSENT: x .x X x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc M~ 11 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 10-505 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2011 FOR THE CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs the City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2010: Salary: City Attorney - $77,488.32 (60% FTE) City Clerk - $99,902.40 Passed and approved this 30th day of November , 2010. MA OR pr ved by ATTEST: ~~~(~ /O CITY RK City Attorney's Office It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~_ Champion ~_ Dickens ~_ Hayek Mims ~-' Wilburn X Wright ~_ clerkVes\sala ries 11. doc