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HomeMy WebLinkAbout2011-10-18 ResolutionW y 4c(s) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 1 1 -32s RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his /her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: Studio 13 — 13 S. Linn Street Passed and approved this 18th day of October , 20 11 MAYOR Approved by ATTEST:T CIT CLERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x _ Champion x Dickens x_ Hayek x Mims x Wilburn x_ Wright M --b aa(l;) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. i i -329 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA. WHEREAS, on April 11, 2005, Yasser A. Gaber and Gehan A. Elgazar, the current owners of 3410 Shamrock Drive, executed a mortgage to secure a loan and a Resale and Occupancy Agreement with the City of Iowa City as part of the Tenant to Ownership Program; and WHEREAS, the owners have repaid the loan, but the requirements under the Resale and Occupancy Agreement do not expire until April 11, 2020; and WHEREAS, the mortgage should be partially released to reflect that the loan has been paid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Second Mortgage for recordation, whereby the City does partially release the property located at 3410 Shamrock Drive, Iowa City, Iowa from the Second Mortgage recorded on May 2, 2005 at Book 3870, Page 148 of the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Partial Release of Second Mortgage, said recording costs to be paid by the City. Passed and approved this i 8th day of October 12011. ��5 A MAYOR App roved by ATTEST: 9 ✓ (�' �� '�� CIT LERK City Attorney's Office Resolution No. 11 -329 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _x_ Dickens x Hayek _x _ Mims x Wilburn x Wright wpdata /glossary/resolution - ic.doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 PARTIAL RELEASE OF SECOND MORTGAGE The City of Iowa City does hereby partially release the property at 3410 Shamrock Drive, Iowa City, Iowa, and legally described as follows: Lot 449 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 36, Plat Records of Johnson County, Iowa, excepting the following: Commencing at the northeast corner of said Lot 449, thence southerly to the southeast corner of said lot, thence westerly along the southerly line of said lot, 15.50 feet, thence northerly to a point on the north line of said Lot 449, which point is 27.23 feet westerly from the northeast corner of said lot, thence easterly 27.23 feet to the place of beginning, from a financial obligation of the property owners, Yasser A. Gaber and Gehan A. Elgazar, to the City of Iowa City in the principal amount of $29,500.00 represented by a Second Mortgage recorded on May 2, 2005, Book 3870, Page 148 through Page 154 of the Johnson County Recorder's Office. The City of Iowa City does not release said property from an additional obligation of the property owners contained in the Resale Agreement for Property Located at 3410 Shamrock Drive that is secured by said Second Mortgage. CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor By: AZ44 ,Z2 Approved: Marian K. Karr, City Clerk City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this 9 {-h day of DQ—n Rk?- , 2011, before me, the undersigned, a Notary Public in and for said County and 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. oq�m SONDRAE FORT Commission Number 159791 My Com fission Expires Notary Public in and for the State of Iowa row 3 ao /� ry M1H 4d(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 11_330 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND PERMANENT STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR LOT 28, TUDOR PARK, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, an existing storm sewer terminates short of the downstream boundary of Tudor Park, Part Two; and WHEREAS, it has been determined that additional storm sewer and drainage easement area is necessary in order to extend the storm sewer to the boundary of said subdivision; and WHEREAS, in order to provide for the installation (extension), use and maintenance of said storm sewer and drainageway, the owner, Faryle K. Nothwehr, has agreed to dedicate to the City a storm sewer and drainage easement and temporary construction easement; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter in to easement agreements with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . Acceptance of the above - referenced easements are hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications, including a temporary construction easement agreement and storm sewer drainage easement agreement in a form approved by the City Attorney, and to record the same at City's expense. Passed and approved this 18th day of October , 2011. ATTEST: &_ 9��/YL�' CIT `-CLERK MAYOR� � Approved by City Attorney's Officei� /�� Resolution No. 11 -330 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x_ Champion x Dickens x Hayek x Mims g Wilburn X Wright wpdata/glossary/resolution - ic.doc Prepared by Return to: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356 -5142 Legal Description: Lot 28, Part Two Tudor Park, Iowa City, Johnson County, Iowa Grantor: Faryle K. Nothwehr Grantee: City of Iowa City TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Faryle K. Nothwehr, hereinafter "OWNER," and City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNER and CITY agree as follows: OWNER states and covenants that it is the owner of certain real estate described on Exhibit "A" attached hereto, by virtue of legal and /or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. OWNER does hereby grant and convey to CITY a temporary construction easement in, over and cross the portion of OWNER's property depicted and described on Exhibit A attached hereto (hereafter "Temporary Easement Area ") for the purpose of facilitating the extension of the CITY's storm sewer system, which grant to CITY shall include necessary grading, excavation, piling of dirt, regarding, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said storm sewer extension. 3. The term of the Temporary Construction Easement will be for the period of time required by the CITY to complete the construction of the storm sewer, but in no event shall the duration of the Temporary Construction Easement extend beyond November 15, 2012. 4. With respect to the Temporary Construction Easement, OWNER grants the following rights: a. CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNER harmless from third party liability during said construction. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, but excluding the replacement of trees, shrubs, flowers, and brush on the Easement Area. CITY shall indemnify the OWNER against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the disturbed areas located within the Temporary Easement Area have been restored, as noted below in no. 5 and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. c. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNER. d. CITY shall have the right to trim or remove all structures, trees, brush, flowers and any other landscaping features which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. City agrees to the following: a. There are three (3) tile lines which shall be connected to the proposed storm sewer system. b. The existing limestone retaining wall located over the proposed storm sewer may be removed for construction but, if removed, it shall be rebuilt with the same materials in a north /south direction. Excess limestone sections shall be stored on the OWNER's property as per OWNER's direction. c. All disturbed areas shall be restored as follows: stockpiled topsoil /black dirt shall be respread at a minimum thickness of six (6) inches and uniformly graded. On the topsoil /black dirt, a six (6) inch layer of hard wood mulch will be added. The finish grade shall match adjacent ground. d. The items listed above shall be completed within a reasonable time after construction of the storm sewer. 6. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed a covenant which runs with the land and with title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. Dated this day of c°— , 2011. CITY OF IOWA CITY, IOWA By: Matthew J. Hayek By: Mbfian K. Karr, City Clerk Approved by City Attorney's Office 2 FARYLE K. NOTHWEHR, OWNER By: rA Name & Tithe (? Ar� OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this (-0 day of 0 c-A"0 b- 20-L�, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Faryle K. Nothwehr, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. alAr ANNA M. HERNANDEZ of Commission Number 757835 : n ( is 'on Expires fotary Public i n for the State of Iowa OW CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this —/9 of DcToor' -Z , A.D. 20_4L___, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. *0W SONDRAE FORT Commission Number 159791 My Commission Expires 3 Baia Pwe n g /a g t/t e m p c o n stre a s e m e n t- n of h we h r. d o c Notary Public in and for the State of Iowa 3 i 0 M' Di 91 EXHIBIT "A"' PREPARED BY AND RETURN TO: MMS CONSULTANTS, INC. 1917 S GILBERT ST. IOWA CITY, IOWA 52240 (319)351 -8282 L07 7 27 POINT OF BEGINNING./ NB9'37'09 'E N89'37'09 "E 48.95' 5.00' S89'37'09' W 10.85' N72'32 LOO Y 2 N7 7'25.50'E N,233j W pAFq r `rW Q `rU[3( G3 PARK TO MA CTY, IOWA As RECORDED IN FLAT POCK( S AT PACE " O1= THE REGGRDS J0V66N CONFY RECORPMQ 5 OFFICE O 00 O N,N o o _ WN A� ^1 I I p�l D � iD I I I �I ^I I I I D' I G�1 FF —inil I I PROPRIETOR: FARYLE K. NOTHWEHR I I SURVEY REQUESTED BY: CITY OF IOWA CITY DATE OF SURVEY: 11 -3o -98 I 1 LEGAL DESCRIPTION I I LEGEND AND NOTES TEMPORARY CONSTRUCTION EASEMENT Beginning at the Northeast Corner of Lot 28 of Part Two Tudor Park, in — RIGHT —OF —WAY UNES accordance with the Plat thereof Recorded in Plat Book 8 at Page 66 of — LOT UNES, PLATTED OR BY DEED the Records of the Johnson County Recorder's Office; Thence S00'27'59 "E, — EASEMENT LINES, WIDTH & PURPOSE NOTED along the East Line of said Lot 28, a distance of 23.04 feet; Thence — — — — — — — — — — — — EXISTING EASEMENT UNES, PURPOSE NOTED N72'33'16 "W, 33.40 feet; Thence N17'26'44 "E, 5.50 feet; Thence — TEMPORARY CONSTRUCTION EASEMENT N72'33'16 "W, 8.43 feet; Thence S89'37'09 "W, 10.85 feet; Thence N00'22'51 "W, 5.00 feet, to a Point on the North Line of said Lot 28; UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS Th ence N89'37'09 "E, along said North Line, 48.95 feet, to the Point of Beginning. Said Temporary Construction Easement contains 657 square feet, ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET and Is subject to easements and restrictions of record. P / ll I GRAPIUC SCALE IN 1 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor UWIINIII�II1I�IDI11 1rfrrHU7 / / under the laws of the State of Iowa. sue, Lf . D a e�-a� 9- 62G // GLEN D. Sol "GLEN D. MEISNER, L.S. Iowa Lic. No. 8165 MBSNER `—es r = = My license renewal date is December 31, 20 /Z. Pages or sheets covered by this seal: SEAL Designed by, Scale: GDM 1 " =20' TEMPORARY CONSTRUCTION EASEMENT Prow by' °ate' 0 JDM 9A8 -11 LOT 28, PART TWO TUDOR PARK Checked by, Project No. IOWA CITY GDM IC 7273014 JOHNSON COUNTY, IOWA Si N �g MMS CONSULTANTS, INC. Date I Revision IOWA CITY, IOWA 52240 09/13111 gdm review (319) 351 -8282 CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 www.mmsconsultants.net v Prepared by Return to: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319)356 -5142 Legal Description: Lot 28, Part Two Tudor Park, Iowa City, Johnson County, Iowa Grantor: Faryle K. Nothwehr Grantee: City of Iowa City PERMANENT STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Faryle K. Nothwehr, hereinafter "OWNER," and City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNER and CITY agree as follows: OWNER hereby grants and conveys to CITY a permanent easement for the purpose of excavating for and installing, constructing, operating, maintaining; using and reconstructing a storm sewer and drainage way in connection with the extension of the City's storm sewer system as the CITY shall, from time to time, elect to use for the conveyance of storm water, and all necessary appliances and fittings for use in connection with said storm sewer, together with adequate protection thereof and also right -of -way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibit A attached hereto and by this reference made a part hereof (hereinafter "Easement Area "). 2. OWNER further grants to CITY the following rights in connection with the above uses: a. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said lands along and outside of the said Easement Area to such extent as CITY may find reasonably necessary. b. The right, from time to time, to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY's exercise of its rights herein. c. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. CITY's right to do such work shall be effective only upon CITY's prior notice to OWNER, and with minimal disruption of area. In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs 3 and 4 below. 3. CITY shall promptly backfill any trench made by it, and repair any damage caused by CITY within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs, flowers and brush on the Easement Area. CITY shall indemnify OWNER against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, CITY shall have no responsibility for maintaining the Easement Area. 4. The City acknowledges and agrees that following installation, repair, reconstruction, etc. of the storm sewer, all areas within the Easement Area which are disturbed shall have topsoil respread and restored substantially to its original condition with the exception of the replacement of trees, shrubs, flowers, and brush. OWNER and CITY acknowledge that OWNER reserves the right to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of its rights hereby granted; provided, that OWNER shall not erect or construct any building, fence, retaining wall (except as noted below), or other structures; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area. OWNER shall not permit any other utility to be put in longitudinally in the Easement Area. OWNER may plant shrubs and /or flowers on the Easement Area but in the event CITY must disturb or remove said shrubs and /or flowers pursuant to its easement rights described above, CITY shall have no obligation to replace said shrubs and /or flowers, or compensate OWNER for the same. It shall be noted herein that there currently exists a limestone retaining wall located over the storm sewer. The OWNER may continue the use of said retaining wall, but only with its current height and width dimensions. CITY further agrees that nothing in the Easement Agreement shall in any way preclude OWNER from causing, allowing or permitting streets, roads or utilities to cross the Easement Area, but only upon CITY's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 6. OWNER hereby covenants with CITY that OWNER is lawfully seized and possessed of the real estate above described by virtue of legal and /or equitable title, and that it has good and lawful right to convey the easement herein. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at CITY expense. Dated this % day of Q : z , 2011. CITY OF IOWA CITY, IOWA FARYLE K. NOTHWEHR, OWNER By: 1� Matthew J. Hayek By: Ma ' n K. Karr, City Clerk Approved by City Attorney's Office 2 By: -j2 � Name & Ti e OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this (.C' day of 04b , 20 1,1 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Faryle K. Nothwehr, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. *IAt ANNA M. HERNANDEZ 1/ ` ' . sLCommission Number 757835 M immis ion Expires No is Public in and for the State of Iowa ,',. CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this !8 tk day of Dc; o ,sEtz- , A.D. 20 // , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. *OW SONDRAE FORT Commission Number 159791 My Commi sion Expires 3 as J9 Pweng /agVpermsswreasement- nothwehr. doc Notary Public in and for the State of Iowa 3 EXHIBIT n Aeo - PREPARED BY AND RETURN TO: MMS CONSULTANTS, INC. 1917 S GILBERT ST. IOWA CITY, IOWA 52240 (319)351 -8282 LOT 277 0 POINT OF 00 COMMENCEMENT 572'33'16 "E�lll O N89'37'09 "E 23.77' S00'27'S9 "E� N89'37'09 "E 26.33 7.28' N _ .....:_.::�: o N00'22 51 "W ������ :�:::: "::�::::�:�:�::�:":::��to r�i-- _ 5.00' 31.2g,. .,:;;;;( _ j, "t l S89'3T09'yy 10.85 N17- 26'44 "E 6 � �m Z DI N72'3 0.50' yy 8.43' 8.43' I I STORM SEWER AND DRAINAGE p�l �D EASEMENTS — °I O I 412 SF yOI LOT 28 [PART 7WO TUDOR [PARK TO IONA CITY, IoNA I D A5 RECORDED IN RAr WOK 5 AT PAGE bb GP TI-E RECORDS OF THE � �j JO W—x,;N COUNITY REGORIPM15 OFFICE I D' I PROPRIETOR: FARYLE K. NOTHWEHR I I SURVEY REQUESTED BY; CITY OF IOWA CITY I � I I I DATE OF SURVEY: 11 -30 -98 — I I LEGAL DESCRIPTION I � LEGEND AND NOTES STORM SEWER AND DRAINAGE EASEMENT Commencing at the Northeast Comer of Lot 28 of Part Two Tudor Park, in RIGHT —OF —WAY ONES accordance with the Plat thereof Recorded in Plat Book 8 at Page 66 of — LOT ONES, PLATTED OR BY DEED the Records of the Johnson County Recorder's Office; Thence S0027'59 "E, EASEMENT LINES, WIDTH & PURPOSE NOTED along the East Line of said Lot 28, a distance of 7.28 feet, to the Point — — — — — — — — — — — — EXISTING EASEMENT LINES, PURPOSE NOTED fe Beginning; Thence continuing 500'27'59 "E, along said East Line, 10.51 — TEMPORARY CONSTRUCTION EASEMENT feet; Thence N72'33'16 "W. 31.79 feet; Thence N17'26'44 "E, 0.50 feet; Thence N72'33'16 "W, 8.43 feet; Thence 589'37'09 "W, 10.85 feet; Thence UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS N00'22'51 "W, 5.00 feet, to a Paint on the North Line of said Lot 28; Thence N89'37'09 "E, along said North Line, 26.33 feet; Thence ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET S72er Easement nt 7c7 feet, 41 the Paint et Beginning. nd is Said Permanent Storm Sewer Easement contains 412 square feet, and is subject to easements and restrictions of record. PA i GRAPHIC I 1 De519ned bye Scale. GDM 1 " =20' Drawn 1x1. Date, JDM 09 -08 -11 Checked N. Project No, GDM IC 7273014 STORM SEWER AND DRAINAGE EASEMENT LOT 28, PART TWO TUDOR PARK IOWA CITY JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date I Revision IOWA CITY, IOWA 52240 09/13/11 gdm review (319) 351 -8282 CEDAR RAPIDS, IOWA 52404 (319)841 -5188 www.mmsconsultants.net N u I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct @IIL IIIIIilli% personal supervision and that I am a duly licensed Land Surveyor �\ 1111 /q / / / / /G /� under the laws of the State of Iowa. GLEN D GLEN D. MEISNER, LS. Iowa Lic. No. 8165 9_ MEMS 80 My license renewal date is December 31, 20-2/. o,,,..' "' lIIII�IIIIIAi111 \It1 \ \ \ \���\\\\\\ Pages or sheets covered by this seal: SEAL STORM SEWER AND DRAINAGE EASEMENT LOT 28, PART TWO TUDOR PARK IOWA CITY JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date I Revision IOWA CITY, IOWA 52240 09/13/11 gdm review (319) 351 -8282 CEDAR RAPIDS, IOWA 52404 (319)841 -5188 www.mmsconsultants.net N u it--, Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. A RESOLUTI N AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATIO FROM SINGLE FAMILY RESIDENTIAL STABILIZATION TO URBAN COMMERCIAL FOR PROPER LOCATED AT 221 N. LINN STREET, 225 N. LINN -STREET AND 223 E. BLOOMINGTON TREET AND THE MIDAMERICAN SUBSTATION OCATED ON THE WEST SIDE OF LINN STREET. PA11 -0003) WHEREAS, the Iowa Ny Comprehensive Plan serves as a land use /and planning policy guide setting forth a vision, goals and Nectives for future development or redevelopment throughout the city and for preserving valuable assets (ready present within established neig orhoods and by providing notification to the public regarding intend d uses of land; and WHEREAS, a component of theG,omprehensive Plan is the Ce tral District Plan, which contains policies and a land use plan map for the NdYtthside Marketplace; and WHEREAS, the Northside Marketplac Ian Map depicts th properties at the southwest corner of Linn and Bloomington Street as a Single Fam Residential Nei hborhood Stabilization zone; and WHEREAS, Allan Homes has requested tha the Norths' a Marketplace Plan Map be amended to change the land use designation of properties t the s thwest corner of Linn and Bloomington Street to Urban Commercial; and WHEREAS, the requested change in the Plan I to encourage development and redevelopment the Northside Marketplace; and WHEREAS, the Planning and Zoning Coml and has recommended that it be approved. consistent with the goal of the Central District Plan 1,maintain the character and economic vitality of has reviewed the proposed change in the Plan Map NOW, THEREFORE, BE IT RESOLVED 16Y THE CITY COUNCI1OF THE CITY OF IOWA CITY, IOWA, THAT: � \ The Iowa City Comprehensive Plan, entral District Plan, is hereby arr%nded to change the land use designation from Single Family Res' ential Stabilization to Urban Comm rcial for property located at 221 N. Linn Street, 225 N. Linn Street nd 223 E. Bloomington Street and the idAmerican substation located on the west side of Linn Street. Passed and approved this I _day of , 2011. Mayor ATTEST: City Cler Approved by: "� 1 City ttorney's Office Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL STABILIZATION TO URBAN COMMERCIAL FOR PROPERTY LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. B400MINGTON STREET AND THE MIDAMERICAN SUBSTATION LOCATED ON THE WEST SIDE O FAJ NN STREET. (CPA11 -0003) WHER S, the Iowa City Comprehensive Plan serves as a land use and planning olicy guide setting forth a visio goals and objectives for future development or redevelopment thro hout the city and for preserving va able assets already present within established neighborhoods a by providing notification to the public reg ding intended uses of land; and WHEREAS, a comp ent of the Comprehensive Plan is the Central Distric Ian, which contains policies and a land use plan m for the Northside Marketplace; and WHEREAS, the Northside Marketplace Plan Map depicts the properties; at the southwest corner of Linn and Bloomington Street as a ngle Family Residential Neighborhoopr Stabilization zone; and WHEREAS, Allen Homes has req ested that the Northside Mark place Plan Map be amended to change the land use designation of VMap southwest orner of Linn and Bloomington Street to Urban Commercial; and WHEREAS, the requested change iis con stent with the goal of the Central District Plan to e ncourage development and red will aintain the character and economic vitality of the Northside Marketplace; and WHEREAS, the Planning and Zoninas reviewed the proposed change in the Plan Map and has recommended that it be ap NOW, THEREFORE, BE IT RESOLVED BYJfHE CITY`COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan, C ntral District Plan, is h reby amended to change the land use designation from Single Family Resi ntial Stabilization to Urb Commercial for property located at 221 N. Linn Street, 225 N. Linn Street d 223 E. Bloomington Street nd the MidAmerican substation located on the west side of Linn Street, t the center point of the adjacent hts -of -way. Passed and approved this ATTEST: Citv/Clerk Approved City Attorney's Office day of , 2011. Mayor 6b Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. 11-331 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL STABILIZATION TO URBAN COMMERCIAL FOR PROPERTY LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET AND THE MIDAMERICAN SUBSTATION LOCATED ON THE WEST SIDE OF LINN STREET. (CPA11 -0003) WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide setting forth a vision, goals and objectives for future development or redevelopment throughout the city and for preserving valuable assets already present within established neighborhoods and by providing notification to the public regarding intended uses of land; and WHEREAS, a component of the Comprehensive Plan is the Central District Plan, which contains policies and a land use plan map for the Northside Marketplace; and WHEREAS, the Northside Marketplace Plan Map depicts the properties at the southwest corner of Linn and Bloomington Street as a Single Family Residential Neighborhood Stabilization zone; and WHEREAS, Allen Homes has requested that the Northside Marketplace Plan Map be amended to change the land use designation of properties at the southwest corner of Linn and Bloomington Street to Urban Commercial; and WHEREAS, the requested change in the Plan Map is consistent with the goal of the Central District Plan to encourage development and redevelopment that will maintain the character and economic vitality of the Northside Marketplace; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed change in the Plan Map and has recommended that it be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan, Central District Plan, is hereby amended to change the land use designation from Single Family Residential Stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street, to the center point of the adjacent rights -of -way. Passed and approved this 18th day of October , 2011. Mayor ATTEST: l 7� CiN Clerk Approved by: s City Attorney's Office �a /�� Resolution No. 11 -331 Page 2 It was moved by Rai I ev and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey _x_ Champion X Dickens X Hayek X Mims x Wilburn _ Wright wpdata /glossary/resolution - ic.doc Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5240 � 6j RESOLUTION NO. > > _11,19 A RESOLUTION APPROVING AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT REGARDING REQUIREMENTS FOR ESCROW ACCOUNTS AND SECONDARY STREET ACCESS FOR SADDLEBROOK ADDITION PART 2. WHEREAS, the subdivider, Paddock L.L.C. has requested a second amendment to the Subdivider's Agreement, Saddlebrook Addition Part 2, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the amendment and have recommended approval; and WHEREAS, the Planning and Zoning Commission examined the amendment, after due deliberation, recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The second amendment to the Subdivider's Agreement, Saddlebrook Addition Part 2, Iowa City, Iowa, is 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 the second amendment to the Subdivider's Agreement Saddlebrook Addition Part 2, and to certify a copy of this resolution, which shall be affixed to the second amendment to the Subdivider's Agreement Saddlebrook Addition Part 2, after passage and approval by law. The City Clerk shall record the second amendment to the Subdivider's Agreement Saddlebrook Addition, Part 2, at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 18 day of nrtnha12011. ATTEST: CIT LERK Avt't, /® 1�. MAYOR Approved by City Attorney's Office rely // It was moved by Bailey and seconded by Chaml2ion the Resolution be adopted, and upon roll call there were: AYES: X X X �r X X s \pcd \saddlebrook 2nd amendment.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright :l CITY OF IOWA CITY AM MEMORANDUM Date: September 29, 2011 To: Planning and Zoning Commission From: Sara Greenwood Hektoen Re: Saddlebrook Addition, Part 2 Subdivider's Agreement Amendment The Paddock, L.L.C., the developer of Saddlebrook Addition, Part 2, has requested that the Subdivider's Agreement be amended to address the construction of secondary access to this development and to eliminate the requirement for an escrow to be provided to the City for the completion of the Heinz Road. The current subdivider's agreement requires the Developer to install secondary vehicular access via Pinto Lane at such time as specific buildings are constructed. Additionally, it requires the Developer provide to the City an escrow for the public improvements to be installed within the Heinz Road right -of -way, including the pavement, because a building permit has been issued prior to the completion of these improvements. This is meant to enable the City to complete such improvements at the Developer's expense in the event that the Developer fails to do so. At the time this agreement was made, no dwelling units were planned to be constructed along that portion of Heinz Road that remains incomplete. Staff recommends approving this amendment for the following reasons. Approximately 417 dwellings have been constructed in this development. The only means of vehicular access is via Heinz Road, causing health and safety concerns. This amendment now requires that secondary access via Pinto Lane be installed before the Developer obtains any more building permits for this subdivision. Changes to the Planned Development Plan now show future dwelling units to be constructed along Heinz Road, thus providing the Developer with an incentive to build Heinz Road and reducing the need for the City to have access to escrowed funds to complete the project. This amendment obligates the Developer to install the remaining extension Heinz Road prior to issuance of any building permit for any unit abutting Heinz Road. September 27, 2011 Request to amend Subdividers Agreement Saddlebrook Addition, Part 2 The developers of Saddlebrook are requesting the attached amendment to the Subdividers Agreement Saddlebrook Addition, Part 2. be adopted. Heinz Rd. is part of a planned development and will naturally develop as the units along it develop. Secondary access to Saddlebrook has also been established by the development of Pinto Lane to Whispering Meadows Lane. Therefore the developers of Saddlebrook are requesting that the attached Amendment to the Subdividers Agreement Saddlebrook Addition, Part II be adopted to remove the undue burden of the required letter of credit for Heinz Rd. We appreciate your consideration of this matter. Sincerely, Steve Gordon Vice President, AM Management As Manager of Paddock, LLC 2371 Heinz Rd, Suite B Iowa City IA 52240 Phone (319) 354 -1961 Prepared by: Sara Hektoen, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356- 5030 SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT SADDLEBROOK ADDITION, PART 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) WHEREAS, the City of Iowa City ( "City ") and The Paddock, L.L.C. (collectively "Subdivider ") entered into a Subdivider's Agreement for the above - referenced subdivision, dated February 6, 2001, which is recorded at Book 3037, Page 322, et seq., of the records of the Johnson County Recorder ( "Agreement "); and WHEREAS, on October 3, 2006, the City and Subdivider did agree to an amendment to said Agreement for the purpose of modifying Subdivider's obligation regarding secondary vehicular access to the subdivision. Said Amendment was approved by Council in Resolution 06 -319 and recorded at on October 6, 2006 in Book 4090, Page 108, et seq., of the records of the Johnson County Recorder; and WHEREAS, City Staff has public health and safety concerns regarding the delayed construction of secondary access to this subdivision; and WHEREAS, changes to the Planned Development Plan, approved by Ordinance 04 -4108, particularly regarding the development of dwelling units along Heinz Road, make it no longer necessary for the City to retain a letter of credit to insure that Subdivider will install the remaining portion of Heinz Road; and WHEREAS, the City and Subdivider now wish to make a second amendment to said Subdivider's Agreement to address these changes in circumstance. NOW, THEREFORE, for good and valuable consideration, it is hereby agreed that the Amendment to Subdivider's Agreement, Saddlebrook Addition Part 2, dated October 3, 2006, and recorded at Book 4090, Page 108 -113, in the Records of Johnson County, Iowa, Recorder, is hereby revoked and shall have no further effect. It is further agreed by the parties that: 1. Section 1, Paragraph A of the Agreement is hereby deleted in its entirety and replaced with the following: A. Except as allowed pursuant to Section 3 below, the City shall not issue any building permit on any of the lots in the Subdivision unless and until public water mains, public sanitary sewers, public storm sewers, public drainage swales, tile lines and public concrete paving (collectively "Public Improvements ") have been installed in the Subdivision as required by the City's Subdivision Ordinance and until said Public Improvements have been accepted by the City. Heinz Road shall be paved with concrete at least 31 feet in width, and Shetland Land and that portion of Mustang Lane east of Heinz Road shall be paved with concrete at least 28 feet in width. 2. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following: Section 3. Building Permits and Escrow Monies. In the event that the Subdivider, its assigns or successors in interest, should desire a building permit for any unit or building that is not adjacent to Heinz Road south of Shetland Lane before the improvements required in Section IA, IB and IC have been installed and accepted by the City, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to 110% of the cost of said improvements as determined by the City Engineer, except as allowed below. The public improvements escrow allowed above shall not include the cost of the public improvements, as determined by the City Engineer, required to be installed within the Heinz Road right -of -way. In no event shall a building permit be issued for any unit or building adjacent to Heinz Road south of Shetland Lane (namely, Building Numbers 13 -31, as shown on the approved Sensitive Areas site Plan and Final OPDH, an Amendment to Saddlebrook Addition Part 2- Lots 4 -8) until such time as the public improvements within the Heinz Road right -of- way have been installed and accepted by the City. In addition to the escrow provided above, if Subdivision erosion control measures have not been installed with ground cover established by growth, the City may require as a condition to the issuance of the first building permit for construction of Lot 6 (one deposit required) and the first building permit for construction on Lots 5, 7 or 8 (one deposit required), that the Subdivider deposit in escrow with the City the sum of $2,000 to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider or its successor in interest. The unused balance of the erosion cleanup escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover established by growth. If the escrow is insufficient to pay the costs incurred, the Subdivider shall promptly reimburse the City for the excess costs incurred. The Subdivider shall be responsible for the costs of such cleaning and to the extent that the Subdivider fails to accomplish cleanup after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the erosion cleanup escrow established; provided that nothing herein shall be construed as requiring the City to do such cleanup. When the foregoing escrow funds have been deposited, the Building Inspector of the City may issue a building permit accordingly, provided that the Subdivider complies with all other contractual, statutory and ordinance requirements and provided that secondary access has been constructed pursuant to Section 10.A below. 3. Section 10.A of the Amendment to Subdivider's Agreement (which deleted and replaced Section 10.A of the Agreement), is deleted in its entirety and replaced with the following: A. Limitation on Units Pending Secondary Access The parties hereto acknowledge and agree that secondary access from Saddlebrook Addition, Part 2 to Whispering Meadows Subdivision, Part Three via Pinto Lane and Whispering Meadows Drive, as shown on the Final Plat of Saddlebrook Meadows Part I, recorded in Plat Book 49, Page 3 in the records of the Johnson County, Iowa Recorder, shall be constructed prior to issuance of any building permits for new dwelling units for Saddlebrook Addition, Part 2 requested subsequent to the execution of this Second Amendment. 4. Section 10.13 of the Agreement is deleted in its entirety. The Parties acknowledge that the City currently possesses Letter of Credit No. 549 pursuant to Section 10.13 of the Agreement, issued by MidWestOne Bank in the amount of $868,864.88 on October 8, 2010. The City hereby agrees to release and make no attempt to draw monies from said Letter of Credit. The Parties hereby agree and acknowledge that the City shall have no obligation to compensate or otherwise reimburse Subdivider for said Letter of Credit. CITY OF IOWA CITY By: Matthew J. Hayek, Mayor By: Marian K. Karr, City Clerk Approved By City Attornc-.�s�w &,�Uk THE PADDOCK, L.L.C. STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of , 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. STATE OF IOWA COUNTY OF JOHNSON This instrument was DC-TOP, �7- , Notary Public in and for the State of Iowa ss: acknowledged before me on this is 20y by as Manager(s) of The Paddock, L.L.C. day of and elgls SONDRAE FORT z o � Commission Number 159791 Notary Public in and for said State My Commission Expires iow a(71 a • A resolution approving an amendment to the subdivider's agreement for escrow accounts and secondary street access for Saddlebrook Part 2. Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319n56 -5030 RESOLUTION NO.a ' mow; RESOLUTION AUTHORIZING CONVEYANCE O/AINGLE FAMILY;Hbms- LOCATED AT 1208 EAST BURLINGTON STREEWHEREAS, the UniverCity eighborhood Partnership am is a joint effort between the University of Iowa and the Cit to encourage home own and reinvestment in designated neighborhoods surrounding the niversity of Iowa; and WHEREAS, the City has receive a $1.25 million I -Jos grant to assist in the acquisition and rehabilitation of twenty -six single f ily homes to p o 'ide affordable housing in designated neighborhoods surrounding the Unive ity of Iowa; a WHEREAS, Resolution 09 -384 autho ' ed the City to acquire and rehabilitate properties consistent with the grant agreement f I -J s funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehab ilid a single family home located at 1208 East Burlington Street, Iowa City; and \ WHEREAS, the City has received an off r to pur ase 1208 East Burlington Street for the principal sum of $150,000 (the amount a City pai to acquire the home), plus the "carrying costs" of approximately $4,500, which a all costs in rred by the City to acquire the home, maintain it and sell it, including abstrac ng and record in fees, interest on the loan to purchase the home, mowing and snow remov utilities, real esta taxes, and any costs in excess of $50,000 to repair and rehabilitate the ome; and WHEREAS, this sale would provicje affordable housing in a 2�Signated area surrounding the University of Iowa; and \ WHEREAS, on October 4, 2011, the City Council adopted a Resol tion proposing to convey its interest in 1208 East Burlingto Street, authorizing public notice of a proposed conveyance, and setting the date and time r the public hearing; and WHEREAS, following the p blic hearing on the proposed conveyance,�he City Council finds that the conveyance is in t public interest. NOW, THEREFORE, B IT RESOLVED BY THE CITY COUNCIL OF THk CITY OF IOWA CITY, IOWA, that: / i 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1208 East Burlington Street, legally described as part of Lot 11, Carson's Subdivision, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by Z the Resolution be adopted, and upon roll call there were: AYES NAYS: Passed and approved this Approved by City Attorney's Office ABSENT: MAYOR ATTEST: CITY CLERK Bailey, �t Champion -+ Dickens Hayek; Mims r, xt Wilburn Wright • 2011. ATTEST: CITY CLERK M4� 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -333 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 1208 East Burlington Street, Iowa City; and WHEREAS, the City has received an offer to purchase 1208 East Burlington Street for the principal sum of $150,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $4,500, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on October 4, 2011, the City Council adopted a Resolution proposing to convey its interest in 1208 East Burlington Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1208 East Burlington Street, legally described as part of Lot 11, Carson's Subdivision, Iowa City, Iowa. Resolution No. 11-333 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS x X x x X X x ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this 18th day of October , 2011. o_ a1 ATTEST: CIT -LERK Approved by City Attorney's Office IA•t , Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. i i —4'A4 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 329 DOUGLASS COURT. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 329 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to purchase 329 Douglass Court for the principal sum of $60,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $12,000, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on October 4, 2011, the City Council adopted a Resolution proposing to convey its interest in 329 Douglass Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 329 Douglass Court, legally described as part of Lot 43, Wise Addition, Iowa City, Iowa. Resolution No. 11 -334 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Railey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: �- Bailey Champion x_ Dickens x Hayek x_ Mims x Wilburn _y Wright Passed and approved this 1 sth day of October , 2011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA.-6W40 (33q)) 358 0 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 329 DOUGLASS COURT. WHEREAS, the iverCity Neighborhood Partnership Program is a joint effort between the University of Iowa a V e City to encourage home o nership and reinvestment in designated neighborhoods surrong the University of Iowa; an WHEREAS, the City has r ceived a $1.25 million Jobs grant to assist in the acquisition and rehabilitation of twenty -six si gle family homes t provide affordable housing in designated neighborhoods surrounding th University of Iowa/ and WHEREAS, Resolution 09-384 "authorized t e City to acquire and rehabilitate properties consistent with the grant agree m nt for I Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and re Court, Iowa City; and WHEREAS, the City has received an ffer t6\1 sum of $60,000 (the amount the City paid to approximately $12,000, which are all osts incur and sell it, including abstracting an recording f4 mowing and snow removal, utilitie , real estate repair and rehabilitate the home; nd a single family home located at 329 Douglass urchase 329 Douglass Court for the principal -quire the home), plus the "carrying costs" of d by the City to acquire the home, maintain it es,, interest on the loan to purchase the home, tax s, and any costs in excess of $50,000 to WHEREAS, this sale wo/ortphretpublic vide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on October , the City Council adopted a esolution proposing to convey its interest in 329 Douglass , authorizing public notice o the proposed conveyance, and setting the date and time hearing; and WHEREAS, following t e public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. \\ NOW, THEREFOR , BE IT RESOLVED BY THE CITY COUNCIL 'bF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Cierk are authorized to execute a warranty deed conveying the City's interest in 329 Douglass Court, legally described as part of Lot 43, Wise Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by the Resolution be adopted, and`upon roll call there were: AYES NAYS: ABSENT: Passed and approved this da MAYOR ATTEST: CITY CLERK Approved by City Attorney' Bailey Champion Dickens Hayek Mims Wilburn Wright 2011. n i� M-� Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 1 1-335 A RESOLUTION DETERMINING THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF BLIGHT AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN THEREFOR. WHEREAS, the Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal are under Iowa law; and WHEREAS, a proposed Riverfront Crossings Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Plan includes and consists of: Beginning at a point on the southeast corner of Sturgis Corner Addition Part II; Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less, west of the point of intersection of the railroad and the centerline of State Highway1 /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100'; E60'; S100'; W60', Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adjacent roads. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Riverfront Crossings Urban Renewal Plan;" and WHEREAS, the Iowa statutes require the City Council to submit the proposed Riverfront Crossings Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a -1- Resolution No. Page 2 11 -335 whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefore; and WHEREAS, creation of the Riverfront Crossings Urban Renewal Plan Area and adoption of the Riverfront Crossings Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by the reference; and WHEREAS, by a resolution adopted on September 6, 2011, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Riverfront Crossings Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Riverfront Crossings Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, have ' been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Riverfront Crossings Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen, which notice set for the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed " Riverfront Crossings Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the " Riverfront Crossings Urban Renewal Plan Area "), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds that the Riverfront Crossings Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and. Section 3. That the Riverfront Crossings Urban Renewal Plan Area, is designated a blighted area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. -2- Resolution No. 11 -335 Page 3 Section 4. That the Riverfront Crossings Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the " Riverfront Crossings Urban Renewal Plan for the Riverfront Crossings Urban Renewal Plan Area" and the City Clerk is hereby directed to file a certified copy of said Riverfront Crossings Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Riverfront Crossings Urban Renewal Plan for the Riverfront Crossings Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Riverfront Crossings Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Riverfront Crossings Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 18th day of October , 2011. ATTEST: City clerk Wed By C.( 4444 w J7 mod ? City Attorney's Office -7 16Z q' I Mayor -3- City of Iowa City Riverfront Crossings Urban Renewal Plan 2011 Table of Contents Section 1 — Introduction Section 2 — District Designation Section 3 — Base Value Section 4 — Urban Renewal Plan Objectives Section 5 — Description of Urban Renewal Area Section 6 — Proposed Urban Renewal Activities and Proposed Projects Section 7 — Conformance with Land Use Policy and Zoning Ordinance Section 8 — Relocation Section 9 — Financial Data Section 10 —Urban Renewal Plan Amendments Section 11 —Property Acquisition/Disposition Section 12 — Effective Period Addendum No. 1 — Legal Description Addendum No. 2 — Riverfront Crossings Urban Renewal Area Map W Section I- Introduction This Riverfront Crossings Urban Renewal Plan ( "Plan ") for the Riverfront Crossings Urban Renewal Area ( "Urban Renewal Area" or "Area ") has been developed to help local officials reduce blighted areas and promote economic development within Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in the revitalization of the Riverfront Crossings Urban Renewal Area. The goals outlined in this Riverfront Crossings Urban Renewal Plan include the following, which include goals detailed in the Iowa City Comprehensive Plan — 1997, as amended: • Remediation of blighted areas; • Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing businesses and (2) attracting businesses that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future commercial development; • Improve the environmental and economic health of the community through the efficient use of resources; • Consider financial incentives and programs to facilitate achieving the above goals; • Focus commercial development in defined commercial centers; • Increase sidewalk and trail connectivity to promote walkability and encourage bicycling and other alternative forms of transportation; • Improve connections between commercial retail uses and adjacent residential neighborhoods, and • Beautify the commercial corridor through better landscaping and streetscaping, rehabilitation of old buildings and improvement of building facades. In order to make development sites attractive to new and expanding businesses, communities are frequently called upon to provide financial incentives and programs. Other development sites in the metro area, which already cater to commercial and office uses, make tax increment financing available to qualifying businesses. The City has identified the Riverfront Crossings Urban Renewal Area to be a blighted area, as defined by Iowa Code 403.17 (2011). It is in the interest of its citizens to provide financial incentives and programs in order to encourage blight remediation and revitalization of such areas. Redevelopment of property within the the Riverfront Crossings Urban Renewal Area was of particular interest to residents of the Miller Orchard neighborhood due west of Riverside Drive during the planning of the Miller Orchard Neighborhood Plan in the Fall of 2008 and Spring of 2009. Residents of the neighborhood expressed a desire for reinvestment in the Riverside commercial area, with better streetscapes and landscapes and increased diversity of businesses. Commercial redevelopment of this area would coincide with the residential neighborhood improvements occurring as part of the Miller 3 Orchard neighborhood plan. The Riverfront Crossings Urban Renewal Plan is one component of broader redevelopment efforts that will eventually encompass the east side of the Iowa River. Those broader redevelopment efforts are plarined to include significant investment in new residential, mixed -use and commercial properties. The City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Riverfront Crossings Urban Renewal Area. In addition, the City may make available the use of tax increment financing to provide direct grants, loans, rebates or other incentives for qualifying commercial or residential developments that help achieve the goals and objectives set forth herein. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2011 Code of Iowa, as amended. Section 2- District Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as as appropriate for elimination and remediation of blight. This Urban Renewal Area is located within the Southwest District of the City. The Southwest District Plan, a component of Iowa City's Comprehensive Plan, addresses the need for changes and improvements in this area, citing the lack of attention to the interface between commercial and residential uses having contributed to general disinvestment and declining property values in the Southwest District. Updated in 2002, the Southwest District Plan calls for buildings that would better blend the business with the residential neighborhood. The 2008 flood of the Iowa River exceeded the 100 -year flood level and inundated much of the Urban Renewal Area. Most of the area east of Riverside Drive and much of the area west of Riverside Drive was under water for a period of approximately 30 days. This event exacerbated the blighted condition of this Urban Renewal Area. Several buildings west of the Iowa River and east of Riverside Drive were inundated in the historic flood of 2008 causing several businesses to close or relocate and necessitating considerable rehabilitation of existing buildings. Although there are a few properties that rebuilt after the flood or are of newer construction, a substantial number of structures and properties are appropriate for blight remediation. In addition, many properties along Orchard Street south of Benton Street and along either side of Riverside Drive sit on small lots that do not provide adequate or attractive spaces for development. These lots also lack efficient access from neighboring streets and are plagued by restricted traffic flow. The configuration of Sturgis Corner Drive off of Riverside Drive has contributed to the accessibility problems in particular for businesses E in the southeast portion of the Urban Renewal Area. The overall lot configuration and lack of accessibility reduces the usefulness of these properties, leading to a general diminution of property values. The disinvestment that has plagued the Urban Renewal Area is circular; the decision by existing property owners to not reinvest in their property reduces the likelihood that neighboring property owners will choose to invest. This cycle, spurred on by the flood of 2008, inadequate lot sizes, poor traffic flow and lack of site accessibility, substantially impairs or arrests the sound growth of this area, constitutes an economic and social liability in its present condition and use. The Area does contain several well - established, successful businesses that nevertheless do not conform with the City's current design standards, and may benefit from substantial rehabilitation or redevelopment of certain site improvements. Access from Riverside Drive is difficult due to lack of turn lanes and proliferation of driveways in the corridor. Sidewalk accessibility is discontinuous and inadequately designed. Curb ramps are inconsistent and absent in places. Landscaping and pedestrian amenities are nearly nonexistent. Cross - access easements between lots are largely absent. All of these features could be enhanced through incentives enabled by the Urban Renewal Area, which would foster economic development in the area. Overall, the area is designated for blight remediation due to the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, deterioration of sites, and the existence of conditions which endanger property by various causes, including a combination of the foregoing factors. Such conditions substantially impair or arrest the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety or welfare of the City in the area's present condition and use. Section 3- Base Value If the Riverfront Crossings Urban Renewal Area is legally established and debt is certified prior to December 1, 2011, the taxable valuation within the Area as of January 1, 2010 will be considered the "base valuation ". If the debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. Section 4- Urban Renewal Plan Objectives The overall goal of this Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Area for retail, office, and other commercial or residential uses. The following objectives are hereby established for the proposed Urban Renewal Project Area: 5 • To assist with blight remediation efforts; • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To reverse the deterioration of commercial properties within the Urban Renewal Project Area; ■ To encourage new development of commercial businesses in the Urban Renewal Project Area, in particular high - quality restaurants, retail stores to serve the surrounding community, banks and hotels.; ■ To make public improvements as deemed necessary by the City to support commercial and recreational activity within the Urban Renewal Project Area; ■ To provide financial incentives and assistance to qualifying projects and businesses as necessary; ■ To continue redevelopment along the Iowa River; ■ To assist and promote development of green space and recreation trails along the Iowa River; ■ To establish an attractive, vibrant southern highway corridor to the city; ■ To provide for the orderly physical and economic growth of the city; ■ To provide other support as allowed under Iowa Code Chapters 15, 15A and 403. Section 5- Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 — Legal Description. The location and general boundaries of the Riverfront Crossings Drive Urban Renewal Plan Area are shown on Addendum No. 2 — Location Map: Riverfront Crossings Urban Renewal Project Area. This area is approximately 44 acres. Section 6- Proposed Urban Renewal Activities and Proposed Projects To meet the objectives of this Plan and to encourage the development of the Area, the City intends to utilize the powers conferred upon it pursuant to Iowa Code Chapters 15A and 403 (2011) and to make available financial incentives, including but not limited to, tax increment financing for the following activities and Proposed Projects: 1. Undertake and carry out urban renewal projects though the execution of contracts and other instruments; 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects; 3. To acquire and dispose of property for urban renewal projects; 4. Make loans, forgivable loans, grants, rebates, or other incentives to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City City Council, in its sole discretion; :7 5. Provide for the installation of infrastructure and roadway improvements; 6. Use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City; 7. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification, through the use of tax increment financing, in the sole discretion of the City Council; 8. Private Site Improvements: Private site improvements may include, but are not limited to, demolition of existing buildings and site preparation; design and construction of buildings; grading for building construction and amenities; paving and parking; landscaping; and installation of on -site utilities. Tax increment financing may be granted to qualifying entities to finance these private site improvements, at City Council's discretion. Any development projects receiving tax increment financing or other public funding assistance may be subject to review by the Staff Design Review Committee. Design review approval may be based on compliance with design consistent with the goals of the Southwest District Plan. In addition, the City Council may designate Riverside Drive a "Design Review District," whereby all improvements to buildings or property within the district would be subject to Design Review according to the aforementioned design guidelines; 9. Public Infrastructure Improvements: Public infrastructure improvements may include, but are not limited to, storm water management facilities, public streets and sidewalks, trails, parks, sanitary sewers, storm sewers, and open space and streetscape improvements. Tax increment financing may be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion; 10. Financial Incentives: At the City Council's discretion and as permitted by Iowa Code Section 403.19 (2011), tax increment financing may be available for providing direct grants, loans, property tax rebates, or other incentives for qualifying projects and businesses in the Urban Renewal Area; 11. Tax increment financing may be used for, but is not limited to, financing the private site improvements and public infrastructure improvements listed above. Qualifying projects and businesses shall be determined by the City Council on a case by case basis. Section 7- Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan 7 The Urban Renewal Area is located within the area designated by the Iowa City Comprehensive Plan as the Southwest Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Project Area as appropriate for general commercial and residential uses. This Plan is consistent with the Iowa City Comprehensive Plan, particularly the Southwest District Plan, last amended in 2002. Current and Proposed Zoning and Land Uses The Area is currently zoned CC -2, as defined by the Iowa City Zoning Code. The current land use for the project area is commercial. The proposed land uses include retail, office, and other commercial uses permitted in the CC -2 zones. The City may amend its zoning code to create a new Design Review District and /or a new, mixed -use zoning classification appropriate for Riverside Drive and may rezone the area to be so designated. Any rezoning to this area, including the creation of a new zoning category under the Zoning Code, will be consistent with the Comprehensive Plan. Section 8- Relocation The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. Section 9- Financial Data 1. Constitutional Debt Limit: $ 131,337,980 2. Current general obligation debt: $ 91, 155,000 3. Proposed amount of indebtedness to be incurred: Although a specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined, it is anticipated that the cost of the Proposed Projects and activities identified in Section 6 above will be between $5 to $10 million. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Projects or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. The City Council will consider each request for financial assistance or a project proposal on a case -by -case basis to determine if it is in the City's best interest to participate. Section 10- Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including, but not limited to changes in the boundary, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. Section 11 - Property Acquisition /Disposition The City may provide incentives for land acquisition in the Area. The City will follow applicable procedures for the acquisition and disposition of property. Section 12 - Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. The use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan is not limited due to the designation of the area as blight. However, the use of tax increment financing incentives shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. 0 Addendum No. 1 Legal Description of the Urban Renewal Project Area The Riverfront Crossings Urban Renewal Area includes the following: Beginning at a point on the southeast corner of Sturgis Corner Addition Part II; Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less, west of the point of intersection of the railroad and the centerline of State Highwayl /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100'; E60'; 5100% W60% Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adjacent roads. 10 Addendum No. 2 Riverfront Crossing Urban Renewal Area s o _ PRENTISS ST -1 A- Riverfront Crossing rban Renewal Area Approximately 44 Acres 9 00812191-1\10714-106 11 wo Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 1 1 _116 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)-- 9G -52, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and WHEREAS, bids will be accepted on November 15, 2011, at 10:00 a.m. by the IaDOT in Ames, IA; and 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; and WHEREAS, funds for this project are available in the Scott Park Development and Trail account # 4219. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above -named project shall be in the form and amount prescribed in the bidding proposal. 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 by the IaDOT 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. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 15th day of November, 2011. Thereafter the bids will be opened and announced by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 22`d day of November, 2011, or at the first meeting held thereafter. Passed and approved this 18th day of October 120 11 MAYOR Approved by ATTEST:✓ CI LERK City Attorney's Office io 17611 Pweng /res /courthillph3- approve p&S.doc Resolution No. 11 -336 Page a It was moved by nampi on and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens X Hayek x Mims x Wilburn x— Wright wpdata/glossary/resolution - ic.doc Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 11 -337 RESOLUTION APPROVING THE BY -LAWS OF THE IOWA CITY BOARD OF APPEALS WHEREAS, the by -laws of the Iowa City Board of Appeals have not been updated since 2003, and the Ordinance relating to the composition of the Board changed on October 18, 2011; and WHEREAS, the Iowa City Board of Appeals revised and unanimously approved the following; 1. Reduction in the number of members from seven (7) to five (5). 2. Opening up to qualified trade representatives if no professional applies or is appointed after three months 3. Opening up to two non - residents if no residents apply after three months at their August 1, 2011 meeting, and; WHEREAS, the City Council Rules Committee met on September 9, 2011 and reviewed the by -laws and recommended approval of items 1 and 2, and forwarded no recommendation on item 3; and WHEREAS, the City Council determined not to approve item 3 of the recommended changes; and WHEREAS, it is in the public interest to adopt by -laws which guide the procedures and actions of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by -laws attached hereto and incorporated by reference herein are approved and adopted by the City Council. Passed and approved this 18th day of October _,2011. MAYOR ATTEST: i✓Li CITY—CLERK Approvj�.,d By: City Attorney's Office It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: . AYES: x x x x X s /resolutiontoamendbylaws2.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Mi BY -LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Iowa open meetings law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting, but not less than three (3), at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE ll. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of five (5) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include one licensed electrician', one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. If a qualified trade representative does not submit an application within three (3) months of the announcement of the vacancy, a member may be appointed who is qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall bean ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice - Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice - Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice - Chairperson shall perform the duties of the Chairperson. When so acting, the Vice - Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council.From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals shall be filed, heard, and decided as provided by City ordinance. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by -laws may be altered, amended or repealed and new by -laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meeting at which the proposed amendment appears on the agenda. The notice shall include the general character of proposed amendment. Upon approval by the City Council, such by -laws shall take force and effect. Section 2. All previous bylaws are repealed Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. RESOLUTION APPROVING THE BY -LAWS OF THE IOWA CITY BOARD OF APPEALS WHEREAS, the by -laws of t� Iowa City Board of Appeals have not been updated since 2003, and the Ordinance relating to the composition of the Board changed on October 18, 2011; and WHEREAS, the Iowa City Board okAppeals revised and unanimously approved the following; 1. Reduction in the number�f members from seven (7) to five (5). 2. Opening up to qualified tree representatives if no professional applies or is appointed after three months. . 3. Opening up to two non - residers if no residents apply after three months. at their August 1, 2011 meeting, and; WHEREAS, the City Council Rules Committee t on Sept recommended approval of items 1 and 2, and fo arded no y WHEREAS, it is in the public interest to adopt by -law whioh of the Board; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OL CITY, IOWA, that: The by -laws as recommended by the Iowa City Board of reference herein, are approved and adopted.by the City Cou Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: s /reso lutiontoame nd bylaws. doc MAYOR and seconded by NAYS: 9, 2011 and reviewed the by -laws and mendation on item 3; and guide the procedures and actions NCIL OF THE CITY OF IOWA Is, attached hereto and incorporated by , 2011. Approved By: 7�)� City A orney's Office ABSENT: Bailey Champii Dickens Hayek Mims Wilburn Wright lo_ � -(r the Resolution be t CITY OF IOWA CITY 14 MEMORANDUM .:Itl� �ulztm Date: October 10, 2011 To: Tom Markus, City Manager From: Doug Boothroy, Director of Housing and Inspection Services Tim Hennes, Senior Building Inspectd?` —OA- Re: Proposed Revisions to the Iowa City Board of Appeals By -Laws ISSUE: Amending the Iowa City Board of Appeals By -Laws by revising the current membership criteria to allow City Council more flexibility in appointing members and by reducing the membership from seven (7) members to five (5) members. DISCUSSION: Attempts to recruit Board candidates through permit contacts, the Home Builders Association, six (6) postings in the newspaper, and continuous Web and City Council Agenda postings advertising the vacancies have proven unsuccessful. The results of this effort only produced two inquiries and no application for Council consideration. The first candidate did not live within the corporate limits of Iowa City and it was determined the second candidate's work responsibilities at a local architbctural firm presented a conflict of interest to serve on the Board of Appeals. The seven member Board was established in 1995 as a result of consolidating the Plumbing, Electrical and Board of Appeals boards. The consolidation maintained the individual trade representation on the Board and added representatives from the Home Builders Association and a design professional. Vacancies have left the board with only five (5) members since December of 2010. On December 31, 2008 the mechanical professional position expired and the design professional seat has been vacant since December of 2010. Reducing the board membership to five (5) members and providing membership selection flexibility would make it easier to maintain full board membership and allow Council to appoint persons who are qualified to pass on matters pertaining to the built environment. The Board of Appeals, at their August 1, 2011 meeting, voted unanimously to amend their By- Laws by: 1. Reducing the membership to five (5) members; and 2. If a qualified trade representative does not submit an application within three (3) months of the announcement of the vacancy, a member may be appointed who is qualified by experience and training to pass on matters pertaining to building construction; and 3. A maximum of two members may be appointed who are not eligible electors of Iowa City if they are owners or employees of a trade contracting business located in Iowa City and if a qualified trade applicant, who is an eligible elector, has not submitted an application within three (3) months of the announcement of vacancy. RECOMMENDATION Staff supports the first two Board recommendations but does not recommend allowing non- residents to serve as members of the Board of Appeals. Current members will be permitted to complete existing terms. hlsblglmem/BOA- amendments- tm.doc RULES COMMITTEE MEETING MINUTES September 9, 2011 Lobby Conference Room 10:30 A.M. Committee Members Present: Champion, Dickens Staff Members Present: Karr, Hennes Board of Appeals Commission By-Laws Senior Building Inspector Hennes clarified information on the amended by -laws; and identified three areas of change: 1. Reduction in the number of members from seven (7) to five (5). 2. Opening up to qualified trade representatives if no professional applies or is appointed after three months 3. Opening up to non - resident if no residents apply after three months The Rules Committee recommended unanimously the by -laws be approved regarding items # 1 and # 2 above. However, the Rules Committee was split (1 /1) on # 3, and therefore no recommendation is being forwarded. Meeting adjourned 10:45 PM NOTE: The Committee wanted it noted that individuals who are owners /managers /or have direct relationship cannot do business with the City after appointed. BY -LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetings. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Iowa open meetings law. Section 5. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting (but not less than three (3)) at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section. 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven ( 5 members. Except as provided herein, all Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional. If a qualified trade representative does not submit an application within three (3) months of the announcement of the vacancy a member may be appointed who is The FernaiRiAg FnembeFs sh "° qualified by experience and training to pass on matters pertaining to building construction. A maximum of two members may be appointed who are not eligible electors of Iowa City if they are owners or employees of a trade contracting business located in Iowa City and if a qualified trade applicant who is an eligible elector, has not submitted an application within three (3) months of the announcement of the vacancy. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Building Official. The Building Official shall bean ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resignations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice - Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice - Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice - Chairperson shall perform the duties of the Chairperson. When so acting, the Vice - Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section Z Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council.From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance. The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. Appeals. All appeals shall be filed, heard, and decided as provided by City ordinance. Hearings shall be held within thirty (30) days of the receipt of a written appeal or request, unless both the applicant and the chairperson agree to a continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons for the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by -laws may be altered, amended or repealed and new by -laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meeting at which the proposed amendment appears on the agenda. The notice shall include the general character of proposed amendment. Upon approval by the City Council, such by -laws shall take force and effect. Section 2. All previous bylaws are repealed. Board Chair Date SuelH I S /BdAppBylaws.doc 14 M-i 15 Z Prepared by: Kumi Morris, Engineering Division, 410, E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. 11 -338 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 PARKNG RAMP REPAIRS PROJECT. WHEREAS, Western Waterproofing Co., Inc. of West Des Moines, Iowa, has submitted the lowest responsible bid of $107,000.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Capitol Street Ramp account #7100 - 510400. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Western Waterproofing Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Director of Transportation Services is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 1 8th day of October 120 11 ATTEST: r,� CITY -LERK A - MAYOR Approved by City Attorney's Office /v /iah f It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Bailey X_ Champion Dickens Hayek Mims Wilburn X Wright pweng \res /capitolstramp- awrdcon.doc 10/11 NOTICE TO BIDDERS 2011 PARKING RAMP REPAIRS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 11th day of October, 2011. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at a special meeting called for that purpose. The Project will involve the following: The removal and repair of caulk joints in three City parking structures. Minor concrete removal and repair will also be part of the project. All work is to be done in strict compliance with the plans and specifications prepared by V.J. Engineering of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: October 26, 2011 Completion Date: April 20, 2011 Liquidated Damages: $450.00 plus $18.00 /parking stall per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of V.J. Engineering, located at 2570 Holiday Road, Coralville, Iowa, 319 - 338 -4939, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Pweng / -2011 pkgramprepair - notobid.doc M �0 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 11 -339 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, Sulzberger Excavating, Inc. of Muscatine, Iowa, has submitted the lowest responsible bid of $281,967.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Sulzberger Excavating, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment.bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 18th day of October , 20 11 MAYOR ATTEST: 9 CI LERK Approved by -- nn - � a&,4= ARRA, Wes' City Attorney's Office It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X_ - -X —X —X -- X _X_ _X_ pwenglres /1 stavestormswr - awrdcon.doc 10/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r 1 �, NOTICE TO BIDDERS 1st Avenue Storm Sewer Improvements Project Phase 1 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 PM. on the 13th day of October, 2011. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at special meeting called for that purpose. The Project will involve the following: The construction of storm sewer improvements along the north side of 1st Avenue from 200 feet east of Lower Muscatine Road to 800 feet west of Mall Drive. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 875 CY of excavation, 1,142 SY of 6" PCC parking lot pavement, 420 LF of 7 ft x 3 ft reinforced concrete box culvert, pavement markings, erosion control, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and AF -1 shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: October 31 sr 2011 Completion Date: May 25 in, 2012 Liquidated Damages: $800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $35.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. A refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -2 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-541 - RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORI/Sewer TO SIGN AND E CITY CLERK TO ATTEST A CONTRACT FOR C PHASE 1 OF TH IRST AVENUE STORM SEWER IMPROVEMENTWHEREAS, of has subresponsible bid of $ for cons ction of the above -named project; and WHEREAS funds for this p sect are available in the First Avenu rovements account #3626. NOW, THEREFORE, BE IT RESO ED BY THE CITY THAT: eti 1. The contract for the construct n of the , subject to a coi payment bond, insurance certificates, an co 2. The Mayor is hereby authorized to sign a the above -named project, subject to the or payment bond, insurance certificates, a co 3. The City Engineer is authorized to ecute construction of the above -named pr ject. Passed and approved this dad/ of ATTEST: CITY CLERK It was moved by and upon roll call there were: r AYES: !' 1 pweng \resit stavestormswr - awrdcon.doc 10111 L OF THE CITY OF IOWA CITY, IOWA, ,4bove -named project is hereby awarded to in that awardee secure adequate performance and :t compliance program statements. City Clerk to attest the contract for construction of diti that awardee secure adequate performance and itrac compliance program statements. change 6rders as they may become necessary in the MAYOR City 20 and seconded by th6ResoTution be adopted, i e` NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 1s (--I NOTICE TO BIDDERS WATERWORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 13th day of October, 2011. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2011, or at special meeting called for that purpose. The Project will involve the following: For three of the City's water supply well facilities elevate exterior electrical equipment on a new compacted earth fill berm, harden and floodproof the well house building, and elevate electrical equipment inside the well house building. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, of Johnston, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and AF -1 the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: November 7, 2011 Final Completion Date: September 30, 2012 Liquidated Damages: $1,000 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Howard R. Green Company, 5525 Merle Hay Road, Ste. 200, Johnston, Iowa 50131, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). AF -2 The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 f YY/. Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT. WHEREAS, Advanced Electrical Services, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $448,000.00 for construction of the above -named project; and WHEREAS, funds for this project are available in the Plant Site Well House Source Protection Project account #3283. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Advanced Electrical Services, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this day of 20 MAYOR Approved by ATTEST: 'Jada_ CITY CLERK City Attorney's Office I v/fq ll It was moved by and upon roll call there were: AYES: pwenglresWrwkprairiepk- awrdcon.doc 10/11 and seconded by the Resolution be adopted, NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 17 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, RESOLUTION NO. RESOL TION AWARDING CONTRACT AND AUTH( AND T�CITY CLERK TO ATTEST A CONTRACT WATER WORKS PRAIRIE PARK FLOOD MITIGATION WHEREAS, Of h/ad $ for construction of the Above -named project; (319)356 -5410 G THE MAYOR TO SIGN CONSTRUCTION OF THE DVEMENTS PROJECT. mitted the lowest responsible bid of WHEREAS, funds for this project are available in the P nt Site Well House Source Protection Project account #3283. NOW, THEREFORE, BE IT RESOLVED BY THE C THAT: 1. The contract for the construction o , subject to the r payment bond, insurance certificates, and of COUNCIL OF THE CITY OF IOWA CITY, IOWA, 2. The Mayor is hereby authorized to sig and the the above -named project, subject tot conditio payment bond, insurance certificates, nd contract 3. The City Engineer is authorized to JJe ecute construction of the above -named pr ct. Passed and approved this day above -named project is hereby awarded to that awardee secure adequate performance and compliance program statements. it�hyat Clerk to attest the contract for construction of n awardee secure adequate performance and pliance program statements. change orNrs as they may become necessary in the MAYOR 20 Approved ATTEST: CITY CLERK tto It was moved by and seconded by the R and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pwe ng \res /wtrwkpra i riepk- awrdcon. doc 10111 n be adopted, Prepared by: Bob Hardy, Cable N, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5047 RESOLUTION NO. 11 -340 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY RECLASSIFYING THE COMMUNITY PROGRAMMER POSITION, AFSCME GRADE 9, TO MEDIA PRODUCTION SERVICES COORDINATOR, ADMINISTRATIVE GRADE 26. WHEREAS, Resolution No. 11 -67, adopted by the City Council on March 1, 2011, authorized budgeted positions in the Cable TV Division of the Administrative Offices Department for FY12; and WHEREAS, Resolution No. 10 -270, adopted by the City Council on May 10, 2010, established a classification /compensation plan for Administrative employees; 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, the Cable Division has reviewed its operations with the goal of designing more efficient and effective organization and oversight of video production processes and personnel including direct supervision of the Government Programmer, the Production Assistant, the Special Projects Assistant and temporary part -time Media Assistants; and WHEREAS, it was also deemed important to establish a clear line of authority in the absence of the Cable Television Administrator: and WHEREAS, such oversight and related duties and responsibilities are more appropriately exercised by administrative staff: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Cable TV Division of the Administrative Offices Department be amended by: 1. Eliminating one full -time Community Programmer position (AFSCME grade 9). 2. Creating one full -time Media Production Services Coordinator position (Administrative grade 26). Passed and approved this i sth day of October I 20_Lj__• 44� MAYOR Approved by ATTEST: to `� mot, *IL2 ERK City Attorney's Office Resolution No. Page 2 11 -340 It was moved by Bailees and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x X x x x x x Cabletv /res /amendpositions 10- 11.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r �� CITY OF IOWA CITY 18 1110A MEMORANDUM Date: September 15, 2011 e To: Tom Markus, City Manager From: Bob Hardy, Cable Television Administrato Re: Subject - Council Approval of the new administrative position of Media Production Services Coordinator. Introduction: This is a resolution to approve the conversion of the current AFSME position of Community Programmer to the administrative position of Media Production Services Coordinator (MPSC). History: The Community Programmer position was created in the 1996 to staff a stand -alone Unit of the Cable Division. The Unit's mission was to service the needs of Iowa City non - profit organizations for cable production and community communication that had been identified during the cable television franchise renewal process of that period. The Unit became known as the Community Television Service or CTS. In 2008 when the Cable Television Administrator's position was restored to full -time, the Cable Division started a period or reorganization of video production services. The goal has been to design a more efficient and effective video production process to increase both quantity and quality of government and community programming. The concept of separate units for separate clients has been abandoned in favor of a more unified approach. Increasingly in this process, the Community Programmer has taken on the role of manager of production services and supervisor of both permanent full -time and temporary part-time staff. At the same time it has also become evident that there is a need to establish a clear line of authority in times of absence of the Cable Television Administrator, a role currently also being performed by the Community Programmer. In both cases, such duties and responsibilities are more appropriately exercised by administrative staff resulting in a need for the requested change in the position. Recommendation: Staff requests that Council approve the resolution.