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Home My WebLink About2011-11-22 Resolution0 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11 -354 RESOLUTION TO ISSUE DANCING PERMIT "Tr-ff-Tr" 3c(11) 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: Clarion Highlander Hotel & Conference Center — 2525 N. Dodge Street Passed and approved this 22nd day of November , 20 11 !� � A MAYOR Approved by ATTEST: ri , A,,, J' n CITY`-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 N/V Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11-355 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA. WHEREAS, on July 31, 2008, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located in Johnson County, Iowa from a Mortgage recorded August 13, 2008, Book 4338, Page 462 through Page 466 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November , 20 11 /A,4t� LEI 4 MAYOR ATTEST: aze.,e-��r -�� CITY LERK Approved City Attorney's Office 3 "� `1 ' 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 g Mims x Wilburn -_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Domestic Violence Intervention Program, Inc. Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa, and legally described as follows: Property in Johnson County, Iowa: Lot 7, Block 5 of Resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 93, Plat records of Johnson County, Iowa. from an obligation of the owner, Domestic Violence Intervention Program, Inc. (DVIP), to the City of Iowa City represented by a Mortgage recorded August 13, 2008, Book 4338, Page 462 through Page 466 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ,/ �I "f ::Z� W - CITY LERK STATE OF IOWA ) SS: JOHNSON COUNTY ) �n MAYOR Approved by o City Attorney's Office On this Z?- n`j- day of N0uEmAL2 A.D. 20 /1 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No, /L, adopted by the City Council on the ZZ Rd day 11ovM(.L-'= —_, 20_Zl_ and that the said Matthew J. Hayek and Marian K, Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execu V, SONDRAE FORT z° Commission Number 159791 r iow 3 Commission Expires Sp rtaLc an / c?✓b Notary Public in and for Johnson County, Iowa MV� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City; IA 52240 (319)356 -5246 RESOLUTION NO. 11 -356 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE'OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1425 SYCAMORE STREET, IOWA CITY, IOWA. WHEREAS, on July 20, 2009, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the, City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 1425 Sycamore Street from a Mortgage recorded July 23, 2009, Book 4482, Page 356 through Page 361 of the Johnson County Recorder's Office. Passed and approved this 21st day of November , 20 11 n MAYOR ATTEST: CITY ERK 3(�) 2) d(-7 Approved by Ic' j�1(( City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Mims AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn x Wright the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Deandrea White Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1425 Sycamore Street, Iowa City, Iowa, and legally described as follows: Lot 85 in Block 5, in Third Highland Development Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 314, Plat Records of Johnson County, Iowa. from an obligation of the owner, Deandrea White, to the City of Iowa City represented by a Mortgage recorded July 23, 2009, Book 4482, Page 356 through Page 361 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. cc i13 � MAYOR Approved ATTEST: /�✓!i� l �� 1 CITY LERK City Attorney's Office STATE OF IOWA ► SS: JOHNSON COUNTY 1 On this ZI $t day of /'16 V G&%86Frz A.D. 20 JJ , 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 Mayolr and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. r,! 35(a , adopted by the City Council on the Zl 0' day f IVoVE-M j3JEZ , 20 4L and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. eiq i Notary Public in and for Johnson County, Iowa SONDRAE FORT Commission Number 159791 MYCCommission Exires Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -357 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA. WHEREAS, on July 7, 2000, the owner executed an Agreement with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 214 Church Street, Iowa City, Iowa from an Agreement recorded September 12, 2001, Book 3133, Page 97 through Page 114 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November 12011 MAYOR ATTEST: AAGL - '2 CITY tLERK Approved by City Attorney's Office 3d(3) 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 Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Successful Living Supportive Housing Program Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 214 Church Street, Iowa City, Iowa, and legally described as follows: The East 70 feet of Lot 6 in Block 72 in Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Successful Living Supportive Housing Program, to the City of Iowa City represented by an Agreement recorded September 12, 2001, Book 3133, Page 97 through Page 114 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY CLERK STATE OF IOWA 1 SS: JOHNSON COUNTY ) MAYOR Ap ed by City Attorney's Office On this jc7- — day of /'4uE.ntrS9tz A.D. 20f�_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.* adopted by the City Council on the AA day NovEj!1115.era. , 20_Zl_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. _ � *0W 4 SONDRAE FORT Commission Number 159791 My Commission Expires 3 ° a Notary Public in and for Johnson County, Iowa Prepared by: Tracy Hightshoe, Coimnunity Dev. Planner, City Hall, 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5030 TERMINATION OF AGREEMENT WHEREAS, the City of Iowa City ( "City ") and Successful Living Supportive Housing Program entered into the Agreement between the City of Iowa City and Successful Living Supportive Housing Program for the Use of Community Development Block Grant Funds (CDBG Agreement) on July 7, 2000; WHEREAS, the CDBG Agreement provided for a forty (40) year affordability period; WHEREAS, the parties acknowledge that such a long period is not required by federal law or City policy and they wish to terminate all requirements and obligations under the CDBG Agreement; and WHEREAS, Part II.12 of the CDBG Agreement allows the parties to terminate the CDBG Agreement upon mutual agreement. THE PARTIES THEREFORE AGREE AS FOLLOWS: The CDBG Agreement is hereby terminated effective upon signature of the parties. 2. The City and Successful Living Supportive Housing Program release the other party from any and all liability and obligations, including all claims, demands, and causes of action of every nature arising out of the CDBG Agreement. CITY OF IOWA CITY SUCCESSFUL LIVING SUPPORTIVE Q HOUSING GRAM Thomas M. Markus Roger G edken City Manager Date A'z�� Appr0161cd %r Executive Director f� Date INA 3�■ d�.■ 4■.:.1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -358 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 114 AMHURST STREET, IOWA CITY, IOWA. WHEREAS, on April 7, 1997, the owner executed a Mortgage with the City of Iowa City for the use of Community Development Block Grant Funds (CDBG); and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 114 Amhurst Street, Iowa City, Iowa from a Mortgage recorded April 10, 1997, Book 2251, Page 78 through Page 81 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November 20 1 1 6!!�" ^ MAYOR Approved by ATTEST: �ryu-� 1/ CITY 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: Bailey X Champion Dickens X Hayek X Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): The Greater Iowa City Housing Fellowship, n /k /a The Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 114 Amhurst Avenue, Iowa City, Iowa, and legally described as follows: Lot 279 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa, according to the plat records thereof recorded in Plat Book 10, page 67, Plat Records of Johnson County, Iowa. from an obligation of the owner, The Greater Iowa City Housing Fellowship, n /k /a The Housing Fellowship, to the City of Iowa City represented by a Mortgage recorded April 10, 1997, Book 2251, Page 78 through Page 81 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY IttERK STATE OF IOWA ) SS: JOHNSON COUNTY ) n MAYOR Approved by gz :s� City Attorney's Office On this , � d R day of /9 buF-.-Aa9R , A. D. 20—!4-1 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of ste corporation by authority of its City Council, as contained in Resolution No. U- 35� adopted by the City Council on the d$ "— day Aloe 1EA%Lr2 , 20� and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. „�'^ls SONDRAE FORT o z Commission Number 159791 N My omrpission Expires • low Z ,IV /,A Notary Public in and for Johnson County, Iowa 0 3�iiri Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -359 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A CONDITIONAL LOAN AGREEMENT, AND FIVE MORTGAGES FOR THE PROPERTIES LOCATED AT 1717 FLATIRON AVENUE, 1017 DOVER STREET, 2600 WAYNE AVENUE, 1206 DIANA STREET AND 114 AMHURST STREET, IOWA CITY, IOWA. WHEREAS, on October 16, 1996, the owner executed an Agreement, a Conditional Loan Agreement and a Mortgage with the City of Iowa City for the use of HOME Investment Partnership Funds; and WHEREAS, on December 31, 1996, the owner executed two Mortgages with the City of Iowa City; and WHEREAS, on April 7, 1997, the owner executed two Mortgages with the City of Iowa City; and WHEREAS, the terms of the loans have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the liens for the properties located at 1717 Flatiron Avenue, 1017 Dover Street, and 2600 Wayne Avenue, 1206 Diana Street and 114 Amhurst Street, Iowa City, Iowa from an Agreement recorded January 22, 1997, Book 2215, Page 140 through Page 157, a Conditional Loan Agreement, Book 2215, Page 158 through Page 159, and three Mortgages, Book 2215, Page 160 through Page 164, Book 2215, Page 165 through Page 169, and Book 2215, Page 170 through Page 174; and two Mortgages recorded April 10, 1997, Book 2251, Page 74 through Page 77, and Book 2251, Page 82 through Page 85 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November , 20 11 AVt.A- v MAYOR ATTEST: CITY`CLERK rove b City Attorney's Office Resolution No. 11 -359 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 Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): The Greater Iowa City Housing Fellowship, n /k /a The Housing Fellowship Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following properties located at 1717 Flatiron Avenue, 1017 Dover Street, and 2600 Wayne Avenue, 1206 Diana Street, and 114 Amhurst Street Iowa City, Iowa, and legally described as follows: See Exhibit "A" from an obligation of the owner, The Greater Iowa City Housing Fellowship, n /k /a The Housing Fellowship, to the City of Iowa City represented by an Agreement recorded January 22, 1997, Book 2215, Page 140 through Page 157, and a Conditional Loan Agreement, Book 2215, Page 158 through Page 159, and three Mortgages, Book 2215, Page 160 through Page 164, Book 2215, Page 165 through Page 169, and Book 2215, Page 170 through Page 174, and two Mortgages recorded April 10, 1997, Book 2251, Page 74 through Page 77, and Book 2251, Page 82 through Page 85 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. 11 / ATTEST: CITY ftERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) WE � Approved by City Attorney's Office c- 3--(, n� On this day of 4&vAeR O.y— A.D. 20�_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of Te corporation by authority of its City Council, as contained in Resolution No. _d�"5 , adopted by the City Council on the .2-1 day C\(ou r ,j%ARV, , 20 // and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,` o lAj r SONDRAE FORT Commission Number 159791 My Commission Expires iowA ci/� Notary Public in and for Johnson County, Iowa EXHIBIT "A " 1717 Flatiron: Lot 129, Mount Prospect Addition — Part III, according to the plat thereof recorded in Plat Book 15, Page 76, Plat Records of Johnson County, Iowa. 1017 Dover Street: Lot 19, in Block 4, in Part Three Towncrest, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, page 44, Plat Records of Johnson County, Iowa. 2600 Wayne Avenue: Lot Six (6) in Block Three (3), Towncrest Addition to Iowa City, Iowa, according to the recorded plat thereof. 1206 Diana Street: Lot 47 in Part Two Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 151, Plat Records of Johnson County, Iowa. 114 Amhurst Street: Lot 279 in Oak Woods Addition Part Six, an Addition to the City of Iowa City, Iowa, according to the plat records thereof recorded in Plat Book 10, page 67, Plat Records of Johnson County, Iowa. M4 sd(s) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -360 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KERNDT BROTHERS SAVINGS BANK, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 358 WESTSIDE DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $39,234.55, executed by the owner of the property on September 6, 2007, recorded on September 7, 2007, in Book 4214, Page 350 through Page 354 in the Johnson County Recorder's Office covering the following described real estate: Unit 358 of Fox Hollow Condominiums according to the Declaration thereof recorded October 16, 1995, in Book 1983, Page 152, Records of the Recorder of Johnson County, Iowa. WHEREAS, Kerndt Brothers Savings Bank is refinancing a mortgage for $205,000 and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Kerndt Brothers Savings Bank, secured by a proposed mortgage in order to induce Kerndt Brothers Savings Bank to secure first position on such a loan; and WHEREAS, Kerndt Brothers Savings Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Kerndt Brothers Savings Bank; and WHEREAS, the subordination will not change the City's current position, that is it will remain in second position and inferior to the owner's primary lender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Kerndt Brothers Savings Bank, Cedar Rapids, Iowa. Passed and approved this 22nd day of November —,20 11 - MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by rhAmni nn and seconded by Mims the Resolution be adopted, a— rid--b on roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, Kerndt Brothers Savings Bank, Cedar Rapids, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $39,234.55, and was executed by Anna Sobaski dated September 6, 2007, recorded September 7, 2007, in Book 4214, Page 350 through Page 354, Johnson County Recorder's Office, covering the following described real property: Unit 358 of Fox Hollow Condominiums according to the Declaration thereof recorded October 16, 1995, in Book 1983, Page 152, Records of the Recorder of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $205,000 on a promissory note to be executed by the Financial Institution and the owner of the real property, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this a3' AV —day of —,20 11 . CITY OF IOWA CITY BY �n A Mayor Attest: qk/ - City C erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION On this A; day of --, 20_&_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mr A#-w 'T j4c�u e- k- and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. II- S 4o passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a3 0,4— day of NouF-mPE M 20 1 , and that Me.-Wow ' &4c4 and Marian K. Karr acknowledged the execution of the instrument to be their vo untary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. %Commission SONDRAE FORT Number 159791 MyCom i1i0 /spires Notary Public in and for the State of Iowa 3 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA } ) ss: JOHNSON COUNTY ) On this 15t day of 20_ k�_ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedse.�4 to me personally known, who being by me duly sworn, did say that he /she is the `?m-- :c,A ,A of that said instrument was signed on behalf of said V corporation by authority of its Board of Directors; and that said 7?'n „ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Air BRYAN KUBIK Commission Number 725514 ow' IMy Comm. Up. %A: Notary P,3gblic i d for a State of Iowa My Commission expires: %X- V- k -za\z Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -361 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 WHISPERING MEADOW DRIVE, IOWA CITY, IOWA. WHEREAS, August 30, 2010, the owner executed a Mortgage with the City of Iowa City to secure a FY11 HOME Investment Partnership loan to purchase 2442 Whispering Meadow Drive; and WHEREAS, the owner sold 2442 Whispering Meadow Drive and the new owners have signed a recapture agreement for the HOME Investment Partnership funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2442 Whispering Meadow Drive from a Mortgage recorded August 31, 2010, Book 4643, Page 363 through Page 367 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November , 20 _L1—• ATTEST: CITY CLERK A-vl%� "�� MAYOR Approved by City Attorney's Office 3d(7) Resolution No. Page 2 11 -361 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 Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 2442 Whispering Meadow Drive, Iowa City, Iowa, and legally described as follows: Lot 170, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa according to the plat thereof recorded in Book 34, Page 99 Plat Records, Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded August 31, 2010, Book 4643, Page 363 through Page 367of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: /e/ � '` - CITY CLERK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 A"t`—mA MAYOR Approved by City Attorney's Office On this 101 YA day of ff*Vk V18FLR , A.D. 20__UL, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. –36 , adopted by the City Council on the 23 Jday A Ijpujr--AnA E)Z , 20 7/ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o�gia[ r SONDRAE FORT s a Commission Number 159791 My Commi Sion Expires Notary Public in and for Johnson County, Iowa IOWA o I A l W. 3d(8)� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1542 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, January 21, 2011, the owner executed a Mortgage with the City of Iowa City to secure a FY11 HOME Investment Partnership loan to purchase 1542 Dickenson Lane; and WHEREAS, the owner sold 1542 Dickenson Lane and the new owners have signed a recapture agreement for the HOME Investment Partnership funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1542 Dickenson Lane from a Mortgage recorded January 21, 2011, Book 4715, Page 487 through Page 491 of the Johnson County Recorder's Office. Passed and approved this 22nd day of November 1 20 11 MAYOR A proveedd by ATTEST: CITY tLERK City Attorney's Office Resolution No. 11 -362 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 Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1542 Dickenson Lane, Iowa City, Iowa, and legally described as follows: Lot 84, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded January 21, 2011, Book 4715, Page 487 through Page 491 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: R� CITY C ERK STATE OF IOWA ) 1 SS: JOHNSON COUNTY ) ✓\ MAYOR Approved -fib -y-. City Attorney's Office On this JtX A/0 day of A.D. 20_fl , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. j/e3_bjL adopted by the City Council on the 9D. .39, No%$W&QL , 20 // and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o�ps SONDRAE Fk _ Commission NumbMy Commission SQna�n a.� W"U iow 3 ZZZ an Notary Public in and for Johnson County, Iowa 41� 3d(9) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -363 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC. WHEREAS, the City of Iowa City is the custodian and trustee of certain real estate known as Black Hawk Park; and WHEREAS, Moka Java LLC is the owner of property addressed as 207 E. Washington Street and legally described as Lot 3 and the east 20' of the north 74' of Lot 4, including that land described in Book 859 Page 153 and Book 996 Page 428, Block 65, Original Town, Iowa City, Iowa; and WHEREAS, Moka Java LLC will be undertaking the replacement of windows at the building located on their property previously described; and WHEREAS, Moka Java LLC has requested a Temporary Construction Easement from the City of City to allow for the placement of scaffolding within Black Hawk Park; and WHEREAS, Staff recommends granting this easement according to the terms of the Temporary Construction Easement attached thereto, as it finds said easement to be a minimal intrusion to the public's use of Black Hawk Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The City Council hereby approves granting Moka Java LLC a temporary construction easement at Black Hawk Park according to the terms described in the attached Temporary Construction Easement Agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Temporary Construction Easement Agreement. 3. The City Clerk is hereby directed to record this Temporary Construction Easement Agreement with the Johnson County Recorder at Moka Java LLC's expense. Passed and approved this 22nd day of November , 2011. MAYOR ATTEST: C TY LERK Approved by: City Attorney's Office j 1 I ,I Resolution No. 11 -363 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 Wilburn Wright Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Agreement is made by and between Moka Java LLC, a limited liability corporation, (hereinafter "Owner "), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City "). In consideration of their mutual promises herein, Owner and City agree as follows: 1. City states and covenants that it is the owner of certain real estate known as Black Hawk Park and legally described as the west 585 feet of the north 110' of Lot 4, Block 65, Original Town, Iowa City, Iowa, 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. 2. Owner states and covenants that it is the owner of certain real estate adjacent to Black Hawk Park, addressed as 207 E. Washington Street and legally described as Lot 3 and the east 20' of the north 74' of Lot 4, including that land described in Book 859 Page 153 and Book 996 Page 428, Block 65, Original Town, Iowa City, Iowa. 3. City does hereby grant and convey to Owner a temporary construction easement in, over and across that portion of City's property described and shown in Exhibit A, attached and incorporated herein [hereinafter "Temporary Easement Area "] for the purpose of facilitating Owner's window replacement project at 207 E. Washington Street, the granting of which shall include the right to install and use of scaffolding, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said window replacement project. 4. In consideration of City's permission herein to grant the Temporary Construction Easement as detailed in Attachments A and B, Owner agrees to secure the construction site against pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, and signage, and by securing access to the scaffolding from pedestrians, thereby ensuring public safety. 5. Owner agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians through or around the closure area as approved by the City during construction. b. Provide advance warning. C. Provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 6. Owner shall be responsible for the removal, storage, and replacement of items located within the Temporary Construction Easement which could be damaged during the window replacement project. Items may include, but are not limited to, planters, tree grates, benches, electrical services, trees, and brick pavers. 7. After the window replacement project is complete, Owner agrees to restore any and all portion of the Temporary Construction Easement area to its original condition, as determined by the City in its sole discretion. Once the Temporary Construction Easement Area has been restored to its prior condition, Owner shall have no further responsibility for maintaining the easement area. City and Owner agree this Temporary Construction Easement Agreement shall be in effect beginning December 1, 2011 and end upon substantial completion of the work, but no later than December 23, 2011. 8. Notwithstanding the above, upon receipt of verbal or written notice from the City, Owner agrees to immediately cease and desist its temporary use and closure of the Temporary Construction Easement area and to remove any and all obstructions from said area in the event that Owner breaches this agreement. 9. If Owner fails to remove any obstructions, barricades or signage from the Temporary Construction Easement area as required in this agreement, the City may remove the obstructions, barricades or signage, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the adjacent property addressed as 207 E. Washington Street and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2011). 10. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the Temporary Construction Easement area under this agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and /or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close and /or use the Temporary Construction Easement area. Owner further agrees to carry Class II liability insurance in the minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and $500,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 1s. The provisions hereof shall inure to the benefit of and bind the successors and assigns for the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and may be recorded in the Johnson County Recorder's Office, at Owner's expense. SIGNED this 22nd day of November, 2011. CITY OF IOWA CITY, IOWA By: AAI -- � Matthew J. Hayek, Mayor OWNER By: A�, ATTEST: Approved by: Mari n K. Karr, City Clerk City Attorney's Office q(IS4 if STATE OF IOWA ) )SS: JOHNSON COUNTY ) This instrument was acknowledged before me on �� day k,�"J'v <)b-r 2011, by Vvv i !-N (name) as c�JM -(-i (title) of Y)-1a (company). Notary Publ' d for the S e f Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ay of hSo\)p- msgz,2011, 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 duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the 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 Matthew J. Hayek and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. 4vAls SONDRAE FORT Z Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires Town d° I t iw vk, Nov 04 2011 3 :07PN Geopier Foundation Compan 515- 221 -9683 Gear Engineering Greg J. g g Phone: 515- 221 -9291 5020 Grand Avenue -West Des Moines, Iowa 50265 Fax: 515 - 221 -9683 November 4, 2011 All American Scaffold 45058 th Ave. SW Cedar Rapids, Iowa 52404 Re: Paul Henneh Bldg Entrance Protection Iowa City, Iowa Attn: Bryan Leisure Mr. Leisure: I have reviewed the scaffold support over the entrance on the above referenced project. The 2- F075P frames will be placed 7' -0" apart. The planking overthe frames will be 1.75 "x9.5" LVL laid flat, spanning 7' -0" with'!," Plywood over the LVL's. I understand that this frame is being used to provide protection from falling objections for people entering the bldg. The work directly over this area is the Installatlon of new windows. This sidewalk canopy frame can support a 2500# load falling directly on the scaffold deck. This loading is far greater than the weight of the materials being Installed over the entrance. Based on the above, the sidewalk canopy frame being used is sufficient to provide protection to persons entering this building directly under this support frame. Very truly yours; Greg J. Gear P.E. Structural Engineer arty EG :Q u0ayht��1��?• 0 p.2 T C-N '6j 3d(10) Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -364 RESOLUTION ACCEPTING THE WORK FOR THE 2011 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2011 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 19, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are now available in the Sidewalk Inspection account #2200; and WHEREAS, the final contract price is $18,060.62. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 22nd day of November 120 11 MAYOR Approved by ATTEST: Ct?,.�i 3� 7«c� C CITY ERK City Attorney's Office i� q l� 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 Pweng /res /2011 sumsdewlkrepair- acptwork.doc 11/11 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org November 8, 2011 City Clerk City of Iowa City, Iowa Re: 2011 Summer Sidewalk Repair Project Dear City Clerk: I hereby certify that the 2011 Summer Sidewalk Repair Project has been completed by Feldman Concrete of Dyersville, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $18,060.62 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer Ma�11 -224 1 3d(11) Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 11 -365 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Peninsula Neighborhood Second Addition, as constructed by Maxwell Construction, Inc. of Iowa City. Paving improvements for Peninsula Neighborhood Second Addition, as constructed by Metro Pavers, Inc. of Iowa City. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 22nd day of November 2011 ATTEST: &� t'C CITY )CLERK Pweng/res/pen ins ulanghb2ndadd- acpt- improvements.doc I� MAYOR Approved by low, City Attorney's Office I I (v (o Resolution No. 11 -365 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x X x x x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright I I —=r -4 –�" mot CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org November 10, 2011 City Clerk City of Iowa City, Iowa Re: Peninsula Neighborhood Second Addition Dear City Clerk: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Peninsula Neighborhood Second Addition have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -366 RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. WHEREAS, City staff has negotiated a purchase agreement with Iowa Valley Habitat for Humanity to sell 1443 Prairie Du Chien Road for $30,000, which requires City Council approval; and WHEREAS, Council should hold a public hearing on the proposed conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to approve the purchase agreement between the City of Iowa City and Iowa Valley Habitat for Humanity for the above - referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for December 6, 2011 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 22nd day of November , 2011. A MAYOR Approved by ATTEST: CITY CEERK City Attorney's Office Resolution. No. 11 -366 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x X x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r -- �lll- p CITY OF IOWA CITY 3e(1) MEMORANDUM Date: November 15, 2011 To: Tom Markus, City Manager From: Doug Boothroy, Director, Housing and Inspection Services; Steven J. Rackis, Housing Administrator, Iowa City Housing Authority Re: Approve a Purchase Agreement between the City of Iowa City and Iowa Valley Habitat for Humanity for the property located at 1443 Prairie Du Chien Road, Iowa City, Iowa History/Background: The City acquired 1443 Prairie Du Chien Road through the abandoned property provision under state law. The nuisance property had been empty for years. Discussion of Solutions: Iowa Valley Habitat for Humanity has offered to buy the property for $30,000, which is the amount the City paid to acquire the property including clean -up and other maintenance costs. Upon completion of the rehabilitation, Iowa Valley Habitat for Humanity will make the home available for sale to an income eligible person /family. Recommendation: Staff recommends the approval of the Purchase Agreement between the City of Iowa City and Iowa Valley Habitat for Humanity for the property located at 1443 Prairie Du Chien Road, Iowa City, Iowa. By partnering with Iowa Valley Habitat for Humanity, the Housing Authority can expand our efforts to provide affordable homeownership options to income eligible persons /families which may include current participants /tenants in the Housing Choice Voucher /Public Housing programs. A4,49 3e(3) Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -367 RESOLUTION SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 WITH AN OPTION FOR LOTS 13, 14, AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for sale to the general public; WHEREAS, City has negotiated a purchase agreement with Deery Deery and Deery LLC to sell Lot 17 for, $235,000 and Lot 16 for $165,000 with an option to sell Lots 13 -15 for $165,000 each, which requires City Council approval; and WHEREAS, Council should hold a public hearing on the proposed conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to approve the purchase agreement between the City of Iowa City and Deery Deery and Deery LLC for the above - referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for December 6, 2011 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 22nd day of November ►I ATTEST: CITY CLERK 2011. Approve b City Attorney's Office Resolution No. 11 -367 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 Wright wpdata/glossary/resolution - ic.doc Prepared by and return to: Kirsten H. Frey, AT0002699, 920 S. Dubuque Street - P.O. Box 2000, Iowa City, IA 52244 -2000 (319) 351 -8181 RESOLUTION NO. 11 -368 RESOLUTION SETTING PUBLIC HEARING FOR DECEMBER 6, 2011, ON A PROPOSAL TO DISCLAIM ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE, LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the Iowa City Community School District owns and operates its Central Administrative Office at the property located at 509 South Dubuque Street, Iowa City, Iowa; and WHEREAS, the Iowa City Community School District has recently reached an agreement with the University of Iowa for the Iowa City Community School District's sale and the University of Iowa's purchase of the above - described property; and WHEREAS, in preparation for the closing in connection with the above - referenced sale, a title objection was raised regarding the historical title to a portion of the property upon which the above - described building is located, said property being described as: Lot 2, Block 8, County Seat Addition, Iowa City, Johnson County, State of Iowa; and WHEREAS, the above - described property was previously conveyed to the City of Iowa City by way of a deed dated November 20, 1855, which was recorded November 30, 1855, which deed conveyed the property to the City of Iowa City to be used by the City "solely and exclusively for school purposes "; and WHEREAS, at the time of the above - described conveyance, the City of Iowa City was operating public schools within Iowa City; and Resolution No. 11 -368 Page 2 WHEREAS, the Independent School District of Iowa City was established in 1858 and the City of Iowa City transferred responsibility and authority for operating schools to the Independent School District of Iowa City at that time; and WHEREAS, Section 1167 of Chapter 71 of Title 14 of the 1851 Code of Iowa describes the powers of new Independent School District as follows: "the new district thus formed becomes responsible for the liabilities, and shall assume the control of the property and assets of the districts of which it is constituted "; and WHEREAS, the City of Iowa City did not prepare or record a deed conveying the above - described real property to the Independent School District of Iowa City in 1858 as the change of title was commensurate with the change in responsibility for school district operations; and WHEREAS, to provide clarity and remove any cloud on title by the failure to convey the property by deed in 1858, the City of Iowa City is willing to disclaim any interest it may appear to have in the property; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: 1. The City of Iowa City has does hereby declare its intent to disclaim any interest in the real property located at 509 South Dubuque Street, Iowa City, Iowa. 2. A public hearing on said proposal should be and is hereby set for December 6, 2011 at 7:00 P.M. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: X X X X X X X KF39 \069a 14222 NAYS: 2 Mims the Resolution be Bailey Champion Dickens Hayek Mims Wilburn Wright Resolution No. 11 -368 Page 3 Passed and approved this 22nd day of November , 2011. A MAYOR ATTEST: CITY CLERK Approved by 4 li - z I City Attorney's Office KF39 \069a 14222 3 May 5f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB 11-00014) RESOLUTION NO. 11 -369 RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK MEADOWS — PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, Inc., filed with the City Clerk the final plat of Saddlebrook Meadows - Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Auditor's Parcel 2011102, Iowa City, Johnson County, Iowa, lying in the Northwest One - Quarter of the Northwest One - Quarter of Section 25, Township 79 North, Range 6 West, of the Fifth Principal Meridian, the boundaries of which are more particularly described as follows: Auditor's Parcel 2011102, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 56, at Page 79, in the Records of the Johnson County Recorder's Office, containing 3.57 acres, and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law.. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Resolution No. 11 -369 Page 2 Passed and approved this 22nd day of November , 201 1 �® i MAYOR Approved by ATTEST: 5L4 c - CITY CtERK City Attorney's Office f t I Ito I I I It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x A x x X pcd /templates /Final Plat - Resolution.doc.doc NAYS: Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright x To: City Council Item: SUB11 -00014 Saddlebrook Meadows Part 2 STAFF REPORT Prepared by: Robert Miklo Date: November 16, 2011 GENERAL INFORMATION: Applicant: Saddlebrook Meadows Development 2871 Heinz Road Suite B Iowa City, IA 52240 354 -1961 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Final plat approval 21 single - family lots Whispering Meadows Drive and Pinto Lane 3.57 acres Vacant North: Residential; South: Wetland Reserve and Agricultural; RR -1 East: Agricultural; RS (County) West: Agricultural; RS -8 October 13, 2011 December 12, 2011 Municipal water and sanitary sewer service area available to serve the site. Public Services: Police and Fire protection will be provided by the City. Solid waste disposal will be provided by the City. Transportation: The Eastside Loop and Lakeside transit routes serve this area with the closest stops located on Lakeside Drive approximately ' /z mile to the north of this subdivision. BACKGROUND INFORMATION: The 422 -acre area containing the Saddlebrook development was annexed in 1994. The property has been subdivided into several parts. The most recent subdivision was Saddlebrook Meadows 2 Part 1, an 8.98 -acre, 47 -lot Planned Development with a mixture single - family lots, duplexes, zero -lot line and townhouses. The preliminary plat for Saddlebrook Meadows Part 2 with 21 single family lots on 3.57 acres was approved by the Council on October 4. The applicant is now requesting final plat approval. Street access will be provided by the extension of Whispering Meadows Drive and Pinto Lane, which are being built to provide access to Saddlebrook Meadows Part 1. ANALYSIS: The final plat of Saddlebrook Meadows Part 2 is in general compliance with the preliminary plat, and the subdivision regulations. Construction drawings are currently being reviewed by the City Engineer. Legal papers are being reviewed by staff and must be approved by the City Attorney. It is anticipated that these documents will be approved prior to Council approval of the final plat. Neighborhood Open Space: The neighbor open space requirements for this subdivision are 5,386 square feet. The Parks and Recreation Commission has determined that open space dedication for the Saddlebrook development should occur in the western part of the RS -8 zone where it can be added to the Sycamore Greenway. The legal papers should specify the open space obligation will be satisfied on the adjacent property. Hydric Soils: Hydric soils are located on lots 58 -64 and 67 and 68 and within Pinto Lane. The presence of hydric soils indicates the probable existence of a high water table. High water tables on a property require special construction practices for infrastructure and residences. Construction safeguards for streets and utilities will need to be included in the construction drawings for the final plat. Provisions for sump pumps and discharge tiles will need to be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB11 -00014 a final plat of Saddlebrook Meadows Part 2, a 21 -lot, 3.57 -acre residential subdivision located at located on Whispering Meadows Drive and Pinto Lane be approved. ATTACHMENTS: 1. Location Map 2. Plat Approved by: ' ✓'`'"` Jeff Davidson, Director Department of Planning and Community Development u54 N T-1 cn 7 cr 0 ZVI O Wei .j. A • C*4 a. 0 Sycamore T— a. Gtse V) 0 _0 ro la 0 0 Q) CD U, V) WVLE CROWN ---- 134 CL Cf) 'P7 0 Y. C'4 CL...... .. ... .. Olt CI*4 ! cn _..i i � � � A3IOAVH I Q �a TS 0 wla All �:Z-1 NA o Co co cn C3 4-J Z fu • C*4 a. 0 Sycamore T— a. 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Y>i�p P Ka - - - -- - - cc 1 v� P 1 �II v tl� -zz g � °� Ell 3 gg 5E ;p w m W o ' 36 =g g �' as � jj <i a�F a8 4b� fi u 6 Q a ej' < <��lvfl � Z itg€a ;;.315 o 9N A-$ Q iiii ill` 'ii �� II zsS 55 i nd II � - - - -- - - cc 1 v� P 1 �II v tl� -zz g � °� yx b94 gg 5E ;p W o ' 36 =g g �' as � jj 4b� fi u 6 Q a ej' < <��lvfl � Z itg€a ;;.315 RR l7 as g� zH �ly's�sEna Q iiii ill` 'ii �� II zsS 55 i II � Z d@a6 ® I W a5 I m °mm W a I s P s 6 E t h Y B d z Vd �� ,00'S 4l 3.E0,8aSOi F T T oo 0".� BB'fBG 3,ZO 60005 SS I J7 I T ce E a e P I y � F C I W 1 — — Q SUB11 -00014 A resolution approving the Final Plat of Saddlebrook Meadows — Part 2. a� I d rr� \NI SADDLEBROOK MEADOWS - PART 2 Iowa City, Johnson County. Iowa lulr�rN; �)Qwnwc wr.ipm �nmm: OOIYUrm me lolmmco. wuson �twanin,K moon rNi _ Im)Nm NNn mlmt mtmwtt cm,wm� fmvn yra lAn mr OlT,my plm mr rn. w.�ne 101m pi1.IYr Qtm ! /N � ••� ° ua w....w r o.w. mgt a w ucx� IN .'Y�r�'•n . c� .w.'� � w w. i.w: r .rw�r� rw. a.+s�w...nw .Y IY rrh +� • rk M s m� w • +w.� w r.wlwM rYwwYwMrw'4YrwV ��►w IN w...w iwnm, r aq r.e aM. Y.. 1 I I Y.wY� ri. w. wr w..r.sr w wr r M w I.r 1\ w M 11,ww w M Yw� (Y.e. r. ✓� 1 I 1 _ — • I �rrYU�r' s� II HM Y ..�nY M t2 1.1 N M S V J I J tho �m Hj w_ rtwr,wrw rwrrr rur I T T'- t2 1.1 N M S V J I J tho �m Hj w_ rtwr,wrw rwrrr rur r� Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 5224Qj319) 3 5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMIL#("'14OMP- LOCATED AT 1025 EAST BLOOMINGTON STREET. • c_r 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 Un versity of Iowa; and �' WHEREAS, the City has received a\$1.25 million I -Jobs g nt to assist in the acquisition and rehabilitation of twenty -six single fa ly homes to provid affordable housing in designated neighborhoods surrounding the Univers y of Iowa; and WHEREAS, Resolution 09 -384 autho consistent with the grant agreement Partnership Program; and WHEREAS, the City purchased and rehabi Court, Iowa City; and the City 0 acquire and rehabilitate properties I -Jobs fu ds for the UniverCity Neighborhood WHEREAS, the City has received an offer to principal sum of $145,000 (the amount the C costs" of approximately $5,000, which are all maintain it and sell it, including abstracting an the home, mowing and snow removal, utiliti $50,000 to repair and rehabilitate the home; ar WHEREAS, this sale would provide University of Iowa; and a Ogle family home located at 336 Douglass pu chase 1025 East Bloomington Street for the y p id to acquire the home), plus the "carrying osts incurred by the City to acquire the home, recor ing fees, interest on the loan to purchase real state taxes, and any costs in excess of e housing 'I\n a designated area surrounding the WHEREAS, on November 2, 2011, e City Council adopte a Resolution proposing to convey its interest in 1025 East Bloomi gton Street, authorizing public notice of the proposed conveyance, and setting the date nd time for the public hearin ; and WHEREAS, following the pubI' hearing on the proposed conveyance, the City Council finds that the conveyance is in the blic interest. NOW, THEREFORE, BE kf RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 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 1025 East Bloomington Street, legally described as part of Lot 4, Block 1, Rose Hill 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 adopted, and upon roll call AYES Passed and approved this Approved by City Attorney's Office and seconded by were: NAILS: ABSENT: day of MAYO ATTEST: ' C CLERK the Resolution be Bailey Champion Dickens Hayek Mims Wilburn Wright ' 1 �d u Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -370 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON 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 336 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to purchase 1025 East Bloomington Street for the principal sum of $145,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $5,000, 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 November 2, 2011, the City Council adopted a Resolution proposing to convey its interest in 1025 East Bloomington 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 1025 East Bloomington Street, legally described as part of Lot 4, Block 1, Rose Hill Addition, Iowa City, Iowa. Resolution No. 11 -370 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 Wright and seconded by Bailey 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 Passed and approved this 22nd day of November , 2011. MAYOR ATTEST: J� CITY CLERK Approved by r t - 3 City Attorney's Office r. i F Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 6W -5030 RESOLUTION NO. RESOLUTIO AUTHORIZING CONVEYANCE OF A SINGLE FAMIL`Y}fi®M�" LOCATED AT 1208 EAST BURLINGTON STREET AND RESOWD)ING, RESOLUTION N .11-333. WHEREAS, the UniverCity eighborhood Partnership Program is a joint effort between the University of Iowa and the Cit to encourage home ownership and reinvestment in designated neighborhoods surrounding the niversity of Iowa; and WHEREAS, the City has received \Ek $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single faimily homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authori;�pd the City to acquire and rehabilitate properties consistent with the grant agreement fora I -Jobs ifunds 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 t4 pun hase 1208 East Burlington Street for the principal sum of $150,000 (the amount the city paid jo acquire the home), plus the "carrying costs" of approximately $4,800, which are atl costs in'6urred by the City to acquire the home, maintain it and sell it, including abstracting end recordintg fees, interest on the loan to purchase the home, mowing and snow removal, uty �hies, real est* taxes, and any costs in excess of $50,000 to repair and rehabilitate the homy; and WHEREAS, this sale woul/In e of ordable housing in e(designated area surrounding the University of Iowa; and WHEREAS, on November e City Council adopted a Resolution proposing to convey its interest in 1208 Easton Street, authorizing puki?�c notice of the proposed conveyance, and setting thd time for the public hearing; and WHEREAS, following the aring on the proposed conveyande, the City Council finds that the conveyance is in th interest; and WHEREAS, Resolution N33 previously authorized the conveyance of 1208 East Burlington Street to a diffeer, but the sale never closed because the buyer could not meet a contingency. Resolution No. Page 2 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. 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 adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this day of MAYOR ATTEST: CITY C ERK Bailey Champion Dickens Hayek Mims Wilburn Wright 2011. the Resolution be r-s r_a = 7 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -371 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET AND RESCINDING RESOLUTION NO. 11 -333. 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 $4,800, 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 November 2, 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; and WHEREAS, Resolution No. 11 -333 previously authorized the conveyance of 1208 East Burlington Street to a different buyer, but the sale never closed because the buyer could not meet a contingency. Resolution No. 11 -371 Page 2 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. 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 Bailey 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 Passed and approved this 22nd day of November , 2011. /VLL` � A MAYOR ATTEST: ie . CITY LERK Approved by Q 77s - tI - 3-(,( City Attorney's Office M-�-) ? 52 -483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County /Counties met on 11/22111 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 11 -372 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2012 (AS AMENDED LAST ON ) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 11/10/11 and the public hearing held, 11/22/11 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Passed this 2 2n-d day of November, . 2011 (oer) Signature Signature City Clerk/Finance Officer Mayor Page 1 of 4 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Ot her Financing -7777 So urces 49,594,682 0 49,594,682 1 Taxes Levied on Property 0 0 0 Less: Uncollectted Property Taxes -Levy Year 2 3 49,594,682 0 49,594,682 Net Current Property Taxes 0 0 0 Delinquent Property Taxes 4 5 846,085 0 846,085 TIF Revenues 6 10,313,012 87,943 10,400,955 Other City Taxes 7 1,223,447 0 1,223,447 Licenses & Permits 8 1,264,679 0 1,264,679 Use of Money and Property 9 48,734,977 40,305,132 89,040,109 Intergovernmental 10 40,683,916 0 40,683,916 Charges for Services 11 0 0 0 Special Assessments 12 5,207,600 575,000 5,782,600 Miscellaneous 13 52,856,597 57,836,071 110,692,668 Other Financing Sources 14 210,724,995 98,804,146 309,529,141 Total Revenues and Other Sources Expenditures 8 Other Financing ncin 9 Uses .... .. i : i 21,154,608 .. . 247,023 21,401,631 15 Public Safety 16 13,958,388 36,432 13,994,820 Public Works 17 0 0 0 Health and Social Services 18 12,557,009 186,554 12,743,563 Culture and Recreation community and Economic Development 19 10,440,419 14,185,951 24,626,370 20 8,383,917 - 101,673 8,282,244 General Government 21 15,225,884 0 15,225,884 Debt Service 22 30,734,292 49,548,626 80,282,918 Capital Projects Total Government Activities Expenditures 23 112,454,517 64,102,913 176,557,430 Business Type /Enterprises 24 25 58,958,803 171,413,320 32,191,180 96,294,093 91,149,983 267,707,413 Total Gov Activities & Business Expenditures 26 45,911,097 51,811,241 97,722,338 Transfers Out Total Expenditures/Transfers Out 27 217,324,417 148,105,334 365,429,751 es Excess Revenues & other sources ourc over 28 ...... .. - 6,599,422 49,301,188 -49,301,188 -49,301,188 ...... . - 55,900,610 ( Under) Expenditures/Transfers Out Fiscal Year 0 Continuing Appropriation 29 30 0 161,499,8461 N/A 0 161,499,846 Beginning Fund Balance July 1 31 154,900,424 - 49,301,188 105,599,236 Ending Fund Balance June 30 Passed this 2 2n-d day of November, . 2011 (oer) Signature Signature City Clerk/Finance Officer Mayor Page 1 of 4 Resolution No. 11 -372 Page 2 It was moved by Wright and seconded by adopted, and upon roll call there were: AYES: x x x x x x x wpdata /glossary/resolution - ic.doc NAYS: Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prep'd by: Sarah E. Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11-373 RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. ( "PDC ") WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, and has also requested revisions to the OPD plan, sensitive areas development plan and subdivision plats for the remaining phases (3 and 4), thus generating concomitant delays in submitting final plats, a condition precedent to conveyance of the Peninsula Neighborhood Third or Fourth Addition; and WHEREAS, as a result of the impact of the change in engineering firms and the request to revise the OPD plan, sensitive areas development plan and subdivision plats for the remaining Peninsula Neighborhood Property, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short-term six (6) month extension of the December 1, 2011 closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012; and WHEREAS, additionally, PDC has indicated its desire to purchase any remaining finally platted phase of the Peninsula Neighborhood without the restriction of fifty percent (50 %) of each preceding phase owned by PDC being built out or sold, and given PDC's commitment to completing the Peninsula Neighborhood and the lack of potential speculation by PDC in the remaining parcels, staff recommends removal of this restriction; and WHEREAS, given the delays described above and the lack for potential speculation by PDC upon acquiring the remaining phases of the Peninsula Neighborhood after final plat approval, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012 and to remove the condition precedent to conveyance that fifty percent (50 %) of property in any preceding phases of the Peninsula Neighborhood owned by PDC be sold or construction commenced. 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 Sixth Amendment to the Peninsula Neighborhood Development Agreement attached hereto. 2. The City Clerk is hereby directed to record this resolution and the attached amendment upon passage of this resolution at the Developer's expense. Passed and approved this 22nd day of November 520 11 . MAYOR Ap ov" e�by? ATTEST: / /.N�'j YC - y��i r CIT LERK City Atto ey's Office Resolution No. 11 -373 Page 2 It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 SEVENTH AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT This Seventh Amendment to the Peninsula Neighborhood Development Agreement is hereby made and executed by the City of Iowa City (hereinafter "City "), 410 East Washington Street, Iowa City, Iowa 52240 and Peninsula Development Company, LLC (hereinafter "PDC" and /or "Developer "), 44700 Groesbeck Highway, Clinton Township MI, 48036. The City is a municipal corporation organized under the laws of the State of Iowa. PDC is a limited liability corporation organized under the laws of the State of Michigan. WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered into the Peninsula Neighborhood Development Agreement which was recorded at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and the first amendment thereto, which was recorded at Book 3060, Page 735, Records of the Recorder of Johnson County, Iowa; and WHEREAS, Terry L. Stamper Holdings, LLC assigned all its rights under the Peninsula Neighborhood Development Agreement to PDC; and WHEREAS, the City and PDC entered into a second amendment to Peninsula Neighborhood Development Agreement which was recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a third amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 3949, Page 421 -425, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fourth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book4214, Page 172 -177, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and PDC entered into a fifth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 4538, Page 66 -72, Records of the Recorder of Johnson County, Iowa; and WHEREAS, the City and ODC entered into a sixth amendment to the Peninsula Neighborhood Development Agreement which was recorded at Book 4768, Page 590 -596, Records of the Recorder of Johnson County, Iowa; and WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement as amended, the parties established deadlines for Developer's purchase of successive phases within the Peninsula Neighborhood, with failure to meet said conveyance deadlines constituting a default under the agreement; and WHEREAS, PDC recently switched from an out of town engineering firm to MMS Consulting, requiring an update to topographic, boundary, and survey computations, and has also requested revisions to the OPD plan, sensitive areas development plan and subdivision plats for the remaining phases (3 and 4), thus generating concomitant delays in submitting final plats, a condition precedent to conveyance of Peninsula Neighborhood Third or Fourth Addition; and WHEREAS, as a result of the impact of the change in engineering firms and request to revise the OPD plan, sensitive areas development plan and subdivision plats for the remaining Peninsula Neighborhood property, and with the desire to continue to build out the Peninsula Neighborhood, PDC has requested a short -term six (6) month extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012; and WHEREAS, additionally, PDC has indicated its desire to purchase any remaining finally platted phase of the Peninsula Neighborhood without the restriction of fifty percent (50 %) of each preceding phase owned by PDC being built out or sold, and given PDC's commitment to completing the Peninsula Neighborhood and the lack of potential speculation by PDC in the remaining parcels, staff recommends removal of this restriction; and WHEREAS, given the delays described above and the lack for potential speculation by PDC upon acquiring the remaining phases of the Peninsula Neighborhood after final plat approval, it is reasonable, appropriate and in the public interest to grant PDC's requested extension of the closing deadline for conveyance of the Peninsula Neighborhood Third Addition to June 1, 2012 and to remove the condition precedent to conveyance that fifty percent (50 %) of property in any preceding phases of the Peninsula Neighborhood owned by PDC be sold or construction commenced. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THEIR MUTUAL PROMISES AND CONVENANTS, THE PARTIES HEREBY AGREE AS FOLLOWS: Section F of the Second Amendment to the Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa, as amended and modified by the Fifth Amendment to the Peninsula Neighborhood Development Agreement recorded at Book 4538, Page 68 -72, Records of the Recorder of Johnson County, Iowa, is hereby amended to read in its entirety as follows: Conditions Precedent to Conveyance: Prior to the conveyance of any further Phases or portion thereof, the Developer shall: 1. Submit a final plat for the phase and obtain final plat approval from the City; and 2. Install and obtain the City's acceptance of the public improvements and install any private open space amenities, or, in the alternative, provide escrow funds for 110% of the cost thereof, in each preceding Phase; and 3. Comply with the OPDH /Regulating Plan in each preceding Phase; and 4. Submit to the City evidence satisfactory to the City that the Developer has the financial ability to install the necessary public improvements and private amenities in conformance with the Construction Plans and Final Plat of the phase or portion thereof to be conveyed. Upon approval of the final plat for each Phase and upon the Developer's satisfaction of the conditions precedent to conveyance, the City shall transfer the ownership of the Phase (or portion thereof if the parties mutually agree) to PDC in accordance with the provisions of Section H of this Agreement. 3. Section G of the Second Amendment to Peninsula Neighborhood Development Agreement, recorded at Book 3686, Page 718 -732, Records of the Recorder of Johnson County, Iowa, as amended by the Fifth Amendment recorded at Book 4538, Page 66 -72, and the Sixth Amendment recorded at Book 4768, Page 590 -596, Records of the Recorder of Johnson County, Iowa, is hereby amended to read in its entirety as follows: Deadlines for Conveyance. Closing on Developer's purchase must occur on or before: 1. June 1, 2012 for the Peninsula Neighborhood Third Addition; and 2. Within three (3) calendar years of closing on the Third Addition, the Developer shall close on the acquisition of the Fourth Addition. Failure of the Developer to meet the conditions precedent to conveyance enumerated in Section F hereof within the deadlines for conveyance set forth in Section G hereof shall be a default under this agreement, and subject the Developer to the provisions of Section Q hereof. 4. The parties hereto acknowledge and agree that only the Conditions Precedent to Conveyance and the Deadlines for Conveyance outlined in Sections F and G, respectively, of the Second Amendment to the Peninsula Development Agreement, as amended by the Fifth and Sixth Amendment to the Peninsula Development Agreement, have been modified by this Seventh Amendment to the Peninsula Development Agreement, and all other terms and conditions outlined in the Peninsula Development Agreement, as amended, shall continue in full force and effect. DATED this 22nd day of November, 2011. PENINSU L.L.C. By COMPANY, STATE OF IOWA ) )ss: JOHNSON COUNTY ) CITY OF IOWA CITY, IOWA By: 4 Matthew J. H ek, Mayor ATTEST: By: au Ma 'ran K. Karr, City Clerk On this 7tt- "a day of NwjEP.P1:R_ , 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. //��-- t �q -m SONDRAE FORT Sohdhc�.e t'ew-b _ 40W Commission Number 159791 My Commission si Ex it Is Notary Public in and for the State of Iowa STATE OF MICHIGAN ) ,�i ) ss: 1q,4 O/f%/J1 COUNTY ) On this day of /�Of�E%yIBE/� 2011, before me, a notary public in and for the State of Michigan, personally appeared Wayne Webber, to me personally known, who being by me duly sworn did say that the person is a Manager of PENINSULA DEVELOPMENT COMPANY, L.L.C., a Michigan limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Wayne Webber acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. i N tary Pu is in anh for the State of Michigan ��'_„- -',r,® CITY OF IOWA CITY 13 �:rai�� a�� ME M RA N D U M Date: November 15, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director of Planning and Community Development Re: Amendment to Peninsula Developer Agreement Introduction The Peninsula Neighborhood Development Agreement establishes deadlines for the developer's purchase of successive phases within the Peninsula Neighborhood, with conveyance deadlines which, if not met, constitute default under the agreement. The existing agreement is currently operating under the Sixth Amendment, which was approved by the City Council last year. History/Background In the mid -1990s the City purchased the Peninsula property in conjunction with several utility easements which needed to be extended across the area due to the construction of the new Water Treatment Plant. It was easier to buy the entire area, extend our utilities, and then sell the property we did not need. The lower area was set aside as public open space which now includes the Peninsula Park Well Field area, the disc golf area, and the Thornberry Dog Park. The upper portion of the Peninsula was designated for a traditional neighborhood development now known as the Peninsula Neighborhood. The City Council selected a private developer from several development proposals to construct the Peninsula Neighborhood according to a traditional neighborhood development model that had been prepared by the City. A purchase agreement was developed which divided the property into phases. There are conveyance deadlines for purchasing each of the phases. This arrangement was established so that the City could ensure that development of the property occurred according to the agreed -to traditional neighborhood model, and according to an agreed -to timeline. Issues The Peninsula Development Company LLC now owns two of the four phases of the Peninsula Neighborhood. The Peninsula Development Company has recently changed engineering firms and has been in the process of revising the OPD plan, Sensitive Areas Development Plan, and subdivision plats for the remaining Peninsula Neighborhood property. The developer desires to continue to build out the remaining Peninsula Neighborhood property and has requested a six - month extension of the closing deadline for conveyance of the Peninsula Neighborhood 3rd Addition to June 1, 2012. In addition, the Peninsula Development Company has indicated its desire to purchase the remaining phases of the Peninsula Neighborhood without the restriction of 50% of each proceeding phase owned being built out or sold. Staff has concurred with this request in order to allow the Peninsula Development Company to purchase the remainder of the property (Phases 3 and 4) and complete the Peninsula Neighborhood. November 15, 2011 Page 2 Recommendation The Peninsula Neighborhood Staff recommends approval Agreement. ppddir /mem /pe ninsula7th- 111511. doc is currently one of the fastest growing subdivisions in Iowa City. of the Seventh Amendment to the Peninsula Development This letter is to formally request a120 day extension to the upcoming purchase of phase 3 of the Peninsula Subdivision in Iowa City. Due to unforeseen grading issues and a need to redesign the final layout to accommodate buildable lots and retain density, the project has been delayed. After a very productive meeting with the planning and zoning department on September 30 'h ,we received permission to move forward with a design that all parties agreed upon. Peninsula Development Company agreed to present the new neighborhood design and potential future building designs to the homeowners in the Peninsula Neighborhood. The meeting was held Thursday October 13°i at 7pm and all homeowners were invited by the Neighborhood Association President, Stephanie Higgins, via e-mail and letter. The neighborhood seemed favorable and enthusiastic of the new design, and praised the opportunity for more potential green spaces, which is depicted in the recent design change. Meanwhile, MMS Consultants has been working diligently on redesigning the final phases and we are currently ready to present the design on November 100' (filling deadline) to Planning and Zoning. It is our understanding that they, the Planning and Zoning department, may need time to critique and suggest any necessary changes to the design before presenting it to City Council. We anticipate being on the December 1" Planning and Zoning agenda. It is possible that due to the size of this project there could be delays during the review process as well as the public hearing. Potential delays or deferred actions could delay this purchase as far out as March 2012. Due to our December I" deadline, we are requesting this extension to allow time to have the design reviewed and presented to City Council for approval. In our last letter, we listed all past, current and known upcoming projects. We would like to report that all construction and sales remain strong at this time and we have 4 current pre -sold homes under construction with another potential pre -sold to begin. It is our intention to immediately purchase the next phase and begin work on infrastructure as soon as possible. We firmly believe the time taken to thoughtfully produce a new design for the next phase will continue and increase the success of the neighbor ood./ Patrick Stewart Project Manager Peninsula Development Company LLC. 1188 Foster Rd. Iowa City, IA 52245 (319)- 887 -1000 C ff_ October 24th, 2011 To: Mayor of Iowa City and City Council, ra This letter is to formally request a120 day extension to the upcoming purchase of phase 3 of the Peninsula Subdivision in Iowa City. Due to unforeseen grading issues and a need to redesign the final layout to accommodate buildable lots and retain density, the project has been delayed. After a very productive meeting with the planning and zoning department on September 30 'h ,we received permission to move forward with a design that all parties agreed upon. Peninsula Development Company agreed to present the new neighborhood design and potential future building designs to the homeowners in the Peninsula Neighborhood. The meeting was held Thursday October 13°i at 7pm and all homeowners were invited by the Neighborhood Association President, Stephanie Higgins, via e-mail and letter. The neighborhood seemed favorable and enthusiastic of the new design, and praised the opportunity for more potential green spaces, which is depicted in the recent design change. Meanwhile, MMS Consultants has been working diligently on redesigning the final phases and we are currently ready to present the design on November 100' (filling deadline) to Planning and Zoning. It is our understanding that they, the Planning and Zoning department, may need time to critique and suggest any necessary changes to the design before presenting it to City Council. We anticipate being on the December 1" Planning and Zoning agenda. It is possible that due to the size of this project there could be delays during the review process as well as the public hearing. Potential delays or deferred actions could delay this purchase as far out as March 2012. Due to our December I" deadline, we are requesting this extension to allow time to have the design reviewed and presented to City Council for approval. In our last letter, we listed all past, current and known upcoming projects. We would like to report that all construction and sales remain strong at this time and we have 4 current pre -sold homes under construction with another potential pre -sold to begin. It is our intention to immediately purchase the next phase and begin work on infrastructure as soon as possible. We firmly believe the time taken to thoughtfully produce a new design for the next phase will continue and increase the success of the neighbor ood./ Patrick Stewart Project Manager Peninsula Development Company LLC. 1188 Foster Rd. Iowa City, IA 52245 (319)- 887 -1000 October 24th, 2011 To: Mayor of Iowa City and City Council, On advice. of counsel we would like to amend the proposed extension date for the purchase of phase three in the Peninsula Development to 180 days. The additional days are necessary to provide an appropriate timeline. for the subdivision documents to be created and to .move through the approval process with the Planning and Zoning Department and the City Council.. Thank you Patrick Stewart Project Manager Peninsula. Development Company LLC. 1188 Foster Rd. Iowa City, IA 52245 (319) = 887 -1000 Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. RESOLUTION APPROVING ECONOMIC DEVELOPMENT PROCESS AND POLICIES WHEREAS, economic development policies consistent with the Economic Development Plan aimed at attracting new development including residential, commercial and industrial uses have been approved by the City Council Economic Development Committee; and WHEREAS, the primary goals of the Economic Development Plan are increased economic activity, more jobs, lower unemployment, higher wages, greater property values, more tax revenues, more ownership and entrepreneurial opportunities, and revitalization of underutilized or blighted areas; and WHEREAS, it is expected that the City of Iowa City will be asked to assist with development projects through economic development financial incentives; and WHEREAS, the City Council Economic Development Committee approved formalization of economic development process and policies at their meeting on October 18, 2011; and WHEREAS, said economic development process and policies are recommended to the City Council for formal adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The Mayor is authorized to sign and the City Clerk to attest the attached economic development process and policies. Passed and approved this day of ATTEST: 1. CIT ELERK ppddir /res /EDCprocess- policies.doc 20 [ _, " v / Y A MAYOR Approved by AL City Attorney's Office I- i CITY OF IOWA CITY MEMORANDUM Date: November 14, 2011 To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Re: Formalization of economic development process and policies Introduction: At their meeting on October 18, 2011, the City Council Economic Development Committee (EDC) discussed the following memo entitled Formalization of Economic Development Process and Policies and voted 2 -0 to recommend adoption by the full City Council. The memo outlines a process for standard operating procedures for requests for economic development financial assistance, and provides a framework for considering requests for financial incentives. History: Since the EDC meeting on October 18, 2011, staff has been advised to add one additional strategy by the City Attorney's Office. The City's Bond Counsel recommends for TIF incentives provided at the beginning of a project, developers be required to secure any up front TIF incentives with an Urban Renewal Revenue Note. An Urban Renewal Revenue Note is a form of debt security issued by a lender on the premise that future revenues (the tax increment, in this case) will be sufficient to meet repayment obligations. This type of security can be used in providing public financial assistance where immediate investment capital is required to begin a large project. Discussion of Solution: We've added a fifth point under the heading TIF goals, objects, and strategies on page 3 of the memo to address the Urban Renewal Revenue Note provision. If after discussions with area lenders who would buy Urban Renewal Revenue notes the developer is unable to secure a buyer, the developer may substantiate their reasoning in writing, and the project consideration will continue, albeit with higher risk to the City. Recommendation: After discussion of the proposal, staff recommends the City Council adopt the economic development process and policies subject to any revisions desired by a majority of the City Council. We will be available to answer questions at the November 22 City Council meeting. ppddi r /mem /FormalEcodevP rocess- Cover. doc r �= 1 CITY OF IOWA CITY �_.- =. ®�r t =i MEMORANDUM Date: November 14, 2011 To: City Council From: Jeff Davidson, Director of Planning and Community Development Wendy Ford, Economic Development Coordinator U*— Re: Formalization of economic development process and policies The economic downturn which began in 2007 has created an atmosphere where the City is now called upon to assist with the funding of economic development projects on a regular basis. Developers are not able to go to financial institutions to the degree that they once could and obtain the financing they need for projects. We are now commonly asked to share in the risk of an economic development project as one of the funding entities. Because these requests have become routine, we wish to commence a discussion that will bring greater structure and objectivity to the standard operating procedures for evaluating economic development financial incentives. Establishing standard procedures and a framework for incentives will allow developers to more clearly understand the City's intentions in providing such incentives, and ensure that the City's financial resources are used as efficiently and effectively as possible. We believe that our economic development financial incentives policy should be tied directly to community objectives. These include such measures as: • Increasing taxable valuation of property, especially commercial and industrial • Increasing the number of jobs which have wages and fringe benefits exceeding the County median • Redevelopment of blighted property • Desirable projects which might not otherwise occur without financial incentives, such as downtown hotels, workforce housing, downtown grocery stores, arts and entertainment venues, etc. Following is suggested standard operating procedure for requests for economic development financial assistance. Step 1 - Intake. This is the information gathering stage of a project which will provide the foundation for subsequent decision making. Project information may be proprietary and need to be kept confidential. Project information will typically be incomplete in early stages, but it is necessary to collect as much information as possible in order to begin the evaluation of the project. We have developed the attached information intake form. Additional Planning Department staff will be trained so that several persons will be able to conduct initial intake meetings with development prospects. Step 2 - Evaluation. The purpose of the evaluation stage is to weigh the public costs and benefits of the project. To date, this step has been largely qualitative and subjective. We attempt to evaluate the public purpose involved, the strength of the opportunity, and the public costs November 14, 2011 Page 2 involved. This information is then taken to the City Council Economic Development Committee for discussion. We are aware of communities that use highly quantitative fiscal economic impact models. Many of these are complicated and data - intensive. We are evaluating a software license for a product called WebLOCI. It is data - intensive, but we believe may be suitable for our purposes. The next step in our evaluation of this process is to load data into the model and then test it on some prospective projects. The evaluation stage involves an in -depth financial analysis of the project. We are currently utilizing the services of the National Development Council to aid in this aspect of review. This provides us with a level of expertise not otherwise available from City staff. The evaluation process does not ignore political factors which will influence the economic analysis. For example, how does the proposed project fare in a sustainability evaluation? Will the proposal enhance or harm the image of the City? These factors will be fully vetted by staff before being presented to the City Council Economic Development Committee. Step 3 - Due Diligence. Once we have determined that the project may merit public assistance, we proceed to due diligence. Due diligence is the process of verifying information provided in the intake phase. It involves verifying corporate names, character of the applicant, financial ability, financial history, market analysis, and other factors. In the due diligence phase we typically like to examine three past years of business performance and three future years (pro forma) based on the business plan for the project. The due diligence phase will require the assistance of the City's legal and financial staffs. This step may need to be accelerated for a project which requires a letter of commitment with a quick turn - around. Step 4 - Performance Measures. Performance measures will vary depending on the type of project. Examples of performance measures in past projects include minimum assessment agreements, or Plaza Towers' requirement to include a hotel, grocery store, and office space in the project. Industrial projects have been required to retain or add a specific number of jobs as well as create an increase in the property tax base. This step is a regular part of the monitoring process conducted by the Economic Development Division prior to certification of debt for tax increment revenues. Framework for incentive qualification Tax Increment Financing or property tax exemptions are the two principal methods of financial assistance we have used in Iowa City. There are other smaller programs such as the CDBG economic development fund, but we anticipate TIF and property tax exemption to continue to be our principal sources of financial incentives. Until now, we have generally considered each project on a case -by -case basis on its own merits. We have had misunderstandings related to the expectation that a property within a TIF district is eligible for TIF funds as a matter of right. A more specific framework for qualifying for City - provided financial incentives should be provided. Once it has been determined that a project meets the public purpose requirements we have established, the level of and necessity for financial assistance should be based on a gap analysis. A gap analysis assures that the City's financial assistance are the last dollars in and that "but for" the City's assistance the project would not have happened. If this analysis results in a project which can proceed without public assistance, then it should proceed without public assistance. November 14, 2011 Page 3 TIF goals, objectives and strategies Under state law, TIF assistance can be used for two principal matters: economic development and remediation of slum and blight. We have developed the following additional criteria for evaluating TIF assistance: TIF generator. Creation of a TIF generator of at least $2 million should be a goal, but not a requirement, for the establishment of a TIF district. 2. Percentage limitation. It should be a goal, but not a requirement for TIF funding to not exceed more than 50% of the TIF increment created. Further, TIF funds made available to a private developer shall not exceed the rp oiect value created. For City TIF projects, funds may be generated from an entire TIF district. 3. Developer equity. Developer equity should be required to at least equal or exceed the amount of TIF funds made available for a project. To clarify, bank commitment of debt can be counted towards developer equity. 4. Eligibility. The following types of projects, which meet taxable value and high quality jobs goals of the City and are located in an Urban Renewal Area, will be considered for TIF assistance: 1. Industrial uses 2. Office space 3. Retail space 4. Specific desired uses, such as hotels, grocery stores, arts and entertainment venues, etc. 5. Historic revitalization for adaptive reuse 6. Housing which supports stated economic development goals 5. Additional security for upfront financial incentives. It shall be the City's policy to use a rebate approach for TIF assistance, where all property taxes are paid and money distributed to protected levies, and the remainder available for project rebates. Upfront financial assistance will be considered on a case - by -case basis. Urban Renewal Revenue Notes will be requested for all upfront financing, and if notes are unobtainable from lender, the developer shall provide a letter substantiating the reason why. November 14, 2011 Page 4 Process for creating a TIF project The following process will be followed for crafting a TIF project: 1. Creation of Urban Renewal District 2. Application process for TIF funds 3. Gap analysis 4. Staff recommendation 5. Legislative process through the EDC, Planning and Zoning Commission, and City Council Attachments: Adopted Economic Development Policies Intake Form Tax Increment Financing Districts and Property Tax Exemption Areas p pd d i r/ m e m/F o rm a l E co d e v P roce s s. d oc Approved by the City Council Economic Development Committee 4 -19 -2011 City Manager Markus ECONOMIC DEVELOPMENT POLICIES It shall be the policy-of Iowa City to maintain an economic development plan. The purpose of the plan is to attract new development including residential, commercial, and industrial uses. Further, the purpose of the plan is to retain the city's existing business operations and to encourage them to expand and foster spin -off business operations. The city's plan also supports organizations which help to incubate, grow, foster, and create new business operations by providing non - traditional collaborative environments. The expected results of the economic development plan are: increased economic activity, more jobs, lower unemployment, higher wages, greater property values, more tax revenues, more ownership and entrepreneurial opportunities, and revitalization of underutilized or blighted areas. The city will consider incentive programs including city, state, and federal economic development funds, tax increment financing, public private partnerships, and other tools in order to achieve the expected results. Various evaluative tools including financial pro formas, written evaluation reports, established benefit metrics, and other performance tools shall be used to monitor the use of economic incentives from the early stages of project development thru the issuance of an incentive and post incentive to make sure the objectives are met. Developers who receive incentives will be expected to enter into development agreements which delineate the terms, conditions, understandings, and the expected results of receiving an incentive. It will be the policy of the City of Iowa City to endeavor to attract, recruit, retain, foster, and develop new development through the use of incentives which is new to our region (Metropolitan statistical area [MSA]). The city will not actively recruit business from other jurisdictions within our MSA. Should business from jurisdictions within our MSA wish to relocate to the City of Iowa City, we will notify our neighboring jurisdiction of the interest. It will be the general practice of the City of Iowa City to not provide economic incentives to business wishing to relocate from another jurisdiction within our MSA. When incentive programs are utilized they will be used to maximize the benefits to the City of Iowa City. The dollar amount of the incentive and time duration of the incentive shall be smallest amount necessary to achieve the maximum amount of city benefit as determined by the City of Iowa City City Council. Despite the need for the program to be flexible and nimble in order to respond to the ever changing economic conditions of the marketplace, it will be the policy of the city to insure that the process of using incentives is an open and transparent public process which instills confidence in the public's understanding of how economic development incentives are utilized. w /ppddi r /EconomicDevelopmentPolicies -2011 r Economic Development Intake Form CITY OF IOWA CITY Date: Present at meeting: Name of firm: Contact information: Name: Phone: e-mail: Project description: Nature of firm Location identified? Size of parcel: Existing building or new ?: Size of building needed: Meeting location: ❑ Local ❑ Regional ❑ National ❑ Global TIF District or not? # of Jobs: Associated wages/benefits: Projected sales /year: Estimated taxable value: Parking requirements: Industrial - Related Transportation requirements? (Rail, interstate access, special roadway geometry, etc.) Water capacity needs in gal /day (average and peak): Waste water capacity needs in gal /day: High concentration waste? • EPA industrial category? • Hours of operation? Electricity requirements: Notes: w /ppddi r /EconomicDevelopmentl ntakeForm.doc 2 ) \ ( / } / W 2 RJ t5 �/ |)\§ B� {§\f)\ £� {))) )))! {)) \k)}!k � R2!} ! a «.Q § �° W Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)--9G-52 PROJECT. Z WHEREAS, of has submitted the lowest responsible bid of $ for construction of the above -named project; and WHEREAS, funds for this project are available in the Scott Park Development and Trail account #4219. 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 , 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 ATTEST: CITY CLERK MAYOR It was moved by and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng /res /awrdcon CHT- Phase3.doc 11/11 the Resolution be NOTICE TO BIDDERS COURT HILL TRAIL — PHASE 3 NRT- 3715(649)- -9G -52 PROJECT STATE OF IOWA — Sealed bids will be received on November 15, 2011 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa for various items of construction and /or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website ( www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two -hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two -hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 423.3 (80). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub - contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.ia.bidx.com • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239 -1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal -Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87 -581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non - resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515- 239 -1414 PROJECT DETAIL BID ORDER NUMBER: 103 COUNTY: JOHNSON PROPOSAL ID: 52- 3715 -649 WORK TYPE: PCC SIDEWALK/TRAIL DBE GOAL: 2.5% WORKING DAYS: 55 LATE START DATE: 2012/07/23 GUARANTY: $37,500.00 PROJECTS INCLUDED: NRT- 3715(649)- -9G -52 ROUTE: COURT HILL TRAIL IN THE CITY OF IOWA CITY, BETWEEN SCOTT BLVD AND COURT STREET Prepared by: Michael Moran, Parks & Recreation Director, 220 S. Gilbert St.., Iowa City, IA 52240 (319) 356 -5110 RESOLUTION NO. 11 -375 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE FOUR IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to improve the park at the Terry Trueblood Recreation Area; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design drawing and specifications for bidding and construction of the Terry Trueblood Recreation Area Phase Four Improvements; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Snyder and Associates Professional Engineers to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Snyder and Associates Professional Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto as Exhibit "A" and incorporated herein by this reference is in the public interest, and is hereby approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. Passed and approved this 22nd day of November , 2011. ►ice •' ATTEST: att�►.. CITYtLERK Resolution No. 11 -375 Page 2 It was moved by champion and seconded by Mims _ the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright LE1 CONSULTANT AGREEMENT TERRY TRUEBLOOD RECREATION AREA — PHASE 4 DESIGN AND CONSTRUCTION OBSERVATION SERVICES THIS AGREEMENT, made and entered into this day of November, 2011, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City seeks to retain Consultant to prepare plans and specifications and perform construction period services for Phase 4 Construction at Terry Trueblood Recreation Area. Said project area is more fully illustrated in the drawing attached to and made part of this agreement. (See exhibit A attached) and WHEREAS, Consultant wishes to provide these services to the City. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The Consultant shall utilize the team previously involved on the project, which includes Architects Schipper Kastner and Farris Engineering. A. PRELIMINARY DESIGN 1. The Consultant will provide project administration including project and personnel scheduling, coordination, review with the City, planning, and adjustment as required. 2. Utilizing the master plan design, prepare preliminary design for the Phase 4 Improvements. Improvements shall include: 1) shelters, 2) southeast access drive and parking, 3) beach area, 4) fishing jetties, 5) canoe landing, 6) signage, 7) walkways, 8) utilities, 9) lighting, and 10) landscape improvements. 3. Conduct soil borings for the shelter building and pavements. 4. Prepare architectural design and preliminary plans for the large shelter. 5. Prepare preliminary design for electrical improvements including service and site lighting. 6. Prepare preliminary design of structural elements including shelter and outdoor walls. 7. Prepare preliminary site layout and grading design for site improvements. 8. Conduct meetings with the City to present the design and plans. 9. Receive input and direction from the City. 10. Update design based upon comments and input received from the City. 11. Prepare an opinion of probable construction cost for the project. P:\Proposal\2011\IowaCity\TTRA\Phase4\Consultant Agreement I 1 -4 -1 l.docx -2- B. FINAL DESIGN AND CONSTRUCTION DOCUMENTS 1. Upon receiving approval from the City for the preliminary design, the consultant shall prepare final design and construction documents for Phase 4 Improvements as described previously in A.2. 2. Prepare demolition plan, dimension plan, grading plan, architecture plans, structural plans, electrical plans, and construction details. 3. Prepare a Storm Water Pollution Prevention Plan (SWPPP) and booklet. 4. Prepare technical specifications, advertisements, bidding information, contracts, and manual. 5. Prepare a final opinion of probable construction costs for Phase 4 construction. 6. Conduct meetings with the City to present the final design and construction documents. 7. Plan drawings and technical specifications will be provided to the City for project review and approval. 8. Provide bidding assistance and review bids for one bid letting with recommendations. 9. Provide plans to contractors for bidding purposes. 10. Provide assistance to City with Vision Iowa and REAP grants for charting project progress thru phase 4 design and construction. This includes letters, invoices, and photographs. C. CONSTRUCTION SERVICES The Consultant shall provide construction administration for the Phase 4 project for the Consultant's Scope of Work as follows: a. Construction staking will be the contractor's responsibility and included in the quote for bids. b. Review shop drawings and material submittals for the project. C. Review pay application requests received from the contractor. d. Conduct regular construction meetings in accordance with the contractor's construction schedule. e. Conduct a final site review and prepare a punch list of items to be completed by the Contractor. 2. The Consultant shall provide construction observation for the Phase 4 project for the Consultant's Scope of Work as follows: a. The Consultant will actively be on site during construction, based on the contractor's construction schedule, and will not wait for Contractor's call. A record or log of Contractor's activities and construction shall be kept. b. The Consultant will perform construction observation services during periods when the Contractor is working on site in accord with its written schedule and any variations of the schedule. It is expected that the time commitment to site observation will be as follows: 1) During general construction operations (grading, utilities, etc.) the Consultant shall provide periodic observation on site (10 hours per week) generally divided evenly by day. It is estimated that there will be P: \Proposal \2011 \Iowa City \TfRA \Phase4 \Consultant Agreement 11- 4- 11.docx FBI -3- sixteen weeks of general construction for an estimated total of 160 hours. 2) During construction operations of paving and shelter construction, the Consultant shall provide full time observation on site. It is estimated that there will be 10 working days of this type of construction for a total of 80 hours. 3) If the contractor's working days extend beyond the expected days described above, the Consultant has the opportunity to request Additional Services from the City as described in section IV. Compensation for Services, item B. Additional Services of this agreement. C. The purpose of such construction observation is to insure the Phase 4 construction is performed according to the project's plans and specifications. If the consultant observes work being done that does not comply with said plans and specifications, consultant shall notify the City immediately and advise the contractor or sub - contractor of the same. LAKE DREDGING ASSISTANCE 1. Prepare a wetland delineation report for areas to be disturbed during dredging operations. This will be submitted with the 404 permit. Wetland mitigation planning and monitoring is not included within this Scope of Services. 2. Prepare and submit a 404 permit application for dredging operations to the Iowa DNR and Army Corps of Engineers. 3. Utilizing the lake topography information available from the Owner, prepare a plan illustrating dredging operation areas for bidding purposes. 4. Provide periodic construction observation on site during dredging operations. Ten working days are included for a total of 40 hours. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Project Work Schedule (based on receiving a notice to proceed in November): 1. Design and Construction Documents Completed January, 2012 2. Bids Received March, 2012 3. Construction Begins April, 2012 P:\Proposal\2011 \Iowa City \TTRA \Phase 4 \Consultant Agreement 11- 4- 11.docx -4- III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. P: \Proposa1\2011 \Iowa City \TTRA \Phase4 \Consu1tant Agreement 11- 4- 11.docx -5- J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. Consultant shall perform the Scope of Services for a fee not to exceed $177,200. Professional Fee 1. Preliminary Design $45,800 2. Final Design & Construction Documents $64,700 3. Construction Services $56,000 4. Lake Dredging Assistance $10,700 Total Phase 4 Professional Fee $177,200 P: \Proposal\2011 \Iowa City \TTRA \Phase 4 \Consultant Agreement 11- 4- 11.docx B. ADDITIONAL SERVICES The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional Services may include, but are not limited to expanding the scope of the project and work to be completed; extending the time to complete the project through no fault of the Consultant; or requesting additional work items. Other possible Additional Services include construction staking, and additional meetings. Upon initiation of Additional Services, the Consultant will submit, in writing to the City, the estimated costs. Such costs will be based on the current hourly rates and fixed expenses per attached Standard Fee Schedule. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Title: Mayor Date: November 22, 2011 ATTEST: City -lerk FOR THE CONSULTANT By: Wa ' / Title: Tme?SUVeI" Date: P: \Proposal \2011 \Iowa City \TTRA \Phase 4\Consultant Agreement 11- 4- 11.docx t d'by: J City Atto ey's i6e Date -7- SNYDER & ASSOCIATES 2011 -12 STANDARD FEE SCHEDULE Billing Classification /Level Billing Rate Professional Engineer, Structural Engineer, Landscape Architect, Land Surveyor, GIS, Environmental Scientist, Project Manager, Planner, Ri ht -of -Wa A -nt, Graphic Desi ner $157.00 - 167.00 /hour Principal $138.00 /hour Senior $131.00 /hour VIII $124.00 /hour VII $120.00 /hour VI $112.00 /hour V $100.00 /hour IV $92.00 /hour III $84.00 /hour II $70.00 /hour I Technical Technicians- -CADD, Survey, Construction Observation $100.00 /hour Lead $96.00 /hour Senior $90.00 /hour VIII $81.00 /hour VII $73.00 /hour VI $67.00 /hour V $60.00 /hour IV $51.00 /hour III $43.00 /hour II $38.00 our 1 Administrative • Clerical Administrative II $50.00 /hour Administrative I $42.00 /hour Reimbursables current IRS standard rate Mileage I- person robotic equipment in addition to technical rate $25.00 1 /hour Outside Services As Invoiced P: \Proposal \2011 \Iowa City \TTRA \Phase 4 \Consultant Agreement 11- 4- 11.docx CITY OF IOWA CITY 17 i i_ MEMORANDUM Date: November 16, 2011 To: Tom Markus, City Manager From: Michael Moran, Parks & Recreation Director Re: Parks and Recreation Department Fees and Charges Matrix and Approval Introduction: By resolution the Parks and Recreation Department fees and charges must be approved by City Council upon recommendation of the Parks and Recreation Commission. History /Background: The department has put together a three year matrix complete with several years of past history to track the fees and charges by the department for programs and services. The council is only asked to approve those fees scheduled for FY 13. Discussion: The Recreation Division still has a self - imposed mandate to recover at least 40% of their operating budget with non - property tax monies. For FY 13 the Recreation Division has been challenged to get to 50% of non - property tax monies. The rest of the department will be looking at appropriate percentages for a goal as well. Recommendation: The Parks and Recreation Commission has reviewed all fees and charges and is recommending certain increases to be implemented in FY13 and tentative increases for FY14 and FYI 5. M 49 Prepared by: Michael Moran, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5104 RESOLUTION NO. 11 -376 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Code provides that, Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution'; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FYI and tentative increases for FYI and FYI 5. WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on November 6, 2011 and attached hereto, be adopted for FYI 3. Passed and approved this 22nd day of November , 2011. MAYOR Ap reVe}�y, ATTEST: CITY LERK City At ey 'O 'ce It was moved by Champion and seconded by Wright 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 E rg u Sed �6u,T u� 9 J�+ F w 6 71 d sr az' p R U 5 88 8S^8,$ 8 $$ RS n8 ry$ A pFl� R 4 98 R Am I gal �a RS 88 -.8 88 0$^8 8 8¢ g $ n pR 8g 88 88 8 SSA 8 8 8 88 88 •q• 'q om aY �� Q �j' �Ti�x • �r�a. by 5p` 5qU` aC i by ^ `p' $ pp ryp qg •l {a, 4m6 • •p g� �^,� C— CCU .. 41: V' a CS 6 lea '�'a" 88 88 28 88. 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Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -377 CONSIDER A RESOLUTION REPEALING RESOLUTION Nos. 07 -261, 07 -202, 96- 59,09-196,99-379,11-66 AND 11 -231 AND CONSOLIDATING THE CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER IN SAID EARLIER RESOLUTIONS INTO ONE RESOLUTION AND MAKING CHANGES TO THE AUTHORITY GRANTED TO THE CITY MANAGER TO SIGN CONTRACTS AND AUTHORIZE EXPENDITURES FOR CAPITAL OUTLAY, COMMODITIES AND OPERATING SERVICES. A. Capital Outlay, Commodities, Operational Services and Professional Services WHEREAS, pursuant to Resolution No. 07 -261 the City Council authorized the City Manager to initiate and execute, without City Council approval, contracts for and purchases of commodities, operating services and capital outlay authorized in the Council budget, public improvement contracts for which public bidding was not required by law, and contracts for professional services where the total estimated cost does not exceed $50,000; and WHEREAS, Council believes it is in the public interest to limit the City Manager's authority to initiate and execute contracts for the purchases of commodities, operating services and capital outlay to those with a value not exceeding $150,000 unless the contract is a contract for insurance. B. Public Improvements WHEREAS, Chapter 26 of the Iowa Code establishes a competitive bid threshold below which public bidding at the Council level is not required, which threshold is currently $100,000; WHEREAS, Chapter 26 of the Iowa Code requires the City to solicit competitive quotations for public improvement contracts where the total estimated cost of the project exceeds the competitive quotation threshold but is less than the competitive bid threshold; and WHEREAS, Iowa Code Section 26.14, as amended, authorizes the City Council to delegate to an officer or employee of the City the authority to award contracts on competitive quotation, to execute such contracts, to authorize work to proceed under such contracts, or to approve a contractor's performance and payment bond; and WHEREAS, Resolution Nos. 07 -261 and 07 -202 delegate the authority for public improvement projects below the competitive bid threshold to the City Manager. C. Claims WHEREAS, numerous claims are filed against the City for injuries to persons and property by the City of Iowa City, its agents and employees; and WHEREAS, Resolution No. 26 -59 grants authority to the City Manager to settle claims against the City up to $20,000; and Resolution No. 11 -177 Page 2 D. Farm Leases WHEREAS, the City of Iowa City owns certain real estate used for agricultural purposes; and WHEREAS, it is in the best interest of the public and the City of Iowa City to negotiate and enter into farm leases and security agreements until such time as the real estate is ready for development. WHEREAS, Resolution No. 09 -196 authorizes the City Manager or designee to execute farm leases. E. Indemnification Agreements for Police and Fire Training WHEREAS, some private property owners have indicated a willingness to allow police and fire personnel to conduct training on their property, provided the City of Iowa City agrees to indemnify the property owner against property damage or personal injury which could arise from the training; and WHEREAS, it is in the public interest for police officers and fire fighters to be able to train on private property. WHEREAS, Resolution No. 99 -379 authorizes the City Manager to execute indemnification agreements required for police and fire training. F. Economic Development Opportunity Funds WHEREAS, Council approves budget authority for Economic Development Opportunity funds to be used for economic development financial assistance, and WHEREAS, The City Council Economic Development Committee reviews, revises and recommends the Iowa City Economic Development Strategies and Policies biennially to the City Council for adoption. WHEREAS, the Iowa City Economic Development Strategies and Policies are adopted by Council and contain stated goals and objectives, and WHEREAS, Resolution no. 11 -66 grants the City Manager limited administrative authority to make disbursements from the Economic Development Opportunity Fund. G. Economic Development - Towncrest WHEREAS, Council implemented the Towncrest Urban Renewal Plan and adopted the Towncrest Design Guidelines, and WHEREAS, Council has approved budget authority for the Towncrest Urban Renewal Area Grant Programs, and WHEREAS, Resolution no. 11 -231 grants the City Manager administrative authority to make Towncrest Urban Renewal Grants for the Towncrest Fagade Renovation Program Resolution No. 1 1 -'177 Page 3 and the Predevelopment Design Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolutions 07 -261, 07 -202, 96 -59, 09 -196, 99 -379, 11 -66, 11 -231 are hereby repealed. A. Capital Outlay, Commodities, Operational Services and Professional Services The City Manager or designee is hereby authorized to initiate and execute, without City Council approval, the following contracts: a. Contracts not exceeding $150,000 for the purchase of commodities, operating services and capital outlay (not including public improvement contracts) for which there is funding authority in the annual budget as approved by the City Council. b. Contracts for professional services (e.g. engineering, architect) where the total estimated amount does not exceed $50,000. B. Public Improvements 1. The City Manager or designee has the authority to execute public improvement contracts for which there is funding authority in the City Council's adopted budget that do not require public bidding because they do not exceed the "competitive bid threshold" established in Chapter 26 of the Iowa Code (currently $100,000) 2. The City Manager or designee has the authority to award a contract, to execute a contract, to authorize work to proceed under a contract, or to approve the contractor's performance and payment bond for public improvement projects where the estimated total costs require the City to solicit competitive quotations pursuant to Iowa Code Section 26.14(2011). C. Claims The City Manager or designee is hereby authorized to settle all claims not exceeding $20,000 against the City or by the City without further authorization by the City Council. In addition, the City Manager or designee is authorized to settle worker's compensation claims when the facts are not in dispute and the benefit payments are determined by statute and the rendering physician's impairment rating. D. Farm Leases The City Manager or designee is hereby authorized to negotiate, execute, renew and manage farm leases and security agreements for agricultural land the City may now own or later acquire, upon approval by the City Attorney's Office. 2. All such leases shall be in writing, shall be for a period not to exceed one year, with possible renewals and subject to Iowa Code Sections 563.6 and 563.7. Resolution No. 11 -377 Page 4 E. Indemnification Agreements for Police and Fire Training 1. The City Manager or designee, after consultation with the City Attorney and Risk Manager, is authorized to execute indemnity agreements for police and fire training on private property. F. Economic Development Opportunity Funds 1. The City Manager is granted administrative authority to make disbursements from the Economic Development Opportunity Funds with the following three stipulations: a. There is a $50,000 limit per expenditure to this authority, to be funded by account number 1000 - 457100 - 448070; and b. the use align directly with City Council's adopted Economic Development policies and strategies, and c. reporting the use of any of the funds will occur at the first Economic Development Committee meeting following such disbursement, and again in an annual report. G. Economic Development - Towncrest 1. The City Manager is granted administrative authority to execute Towncrest Urban Renewal Grant agreements, in a form approved by the City Attorney, for the Towncrest Facade Renovation Program and the Predevelopment Design Assistance Program. 2. Any such agreements shall be reported to the Economic Development Committed at the first Committee meeting following such disbursement, and again in an annual report. Passed and approved this 22nd day of November 120 11 . r CLERK MAYOR' MZd b City Attorney's Office Resolution No. 11 -377 Page 5 It was moved by Wright and seconded by Mime _ the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossaryhesolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 18 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. CONSIDER A RESOLUTION R 59, 09 -196, 99 -379, 11 -66 AND AUTHORITY DELEGATED FR SAID EARLIER RESOLUTION TO THE AUTHORITY GRANTEI AND AUTHORIZE EXPENDITUI OPERATING SERVICES. A. Capital Outlay, Commodities, O PEALING RESOLUTION Nos. 07 -261, 07 -202, 96- 1 -231 AND CONSOLIDATING THE CONTRACTUAL M THE CITY COUNCIL TO THE CITY MANAGER IN INTO ONE RESOLUTION AND MAKING C NGES TO THE CITY MANAGER TO SIGN CON ACTS t S FOR CAPITAL OUTLAY, COMMOD IES AND WHEREAS, pursuant to Resolution No. 0' City Manager to initiate and execute, without Ci purchases of commodities, operating services Council budget, public improvement contracts required by law, and contracts for professional se does not exceed $50,000; and and Profession -261 the City Co cil authorized the Council approv , contracts for and nd capital o ay authorized in the for which ublic bidding was not dices w re the total estimated cost WHEREAS, Council believes it is in the pu c interest to limit the City Manager's authority to initiate and execute contracts for the rchases of commodities, operating services and capital outlay to those with a vale no exceeding $150,000 unless the contract is a contract for insurance. B. Public Improvements WHEREAS, Chapter 26 of the to a Code establish s a "competitive bid threshold" below which public bidding at the Council lev9f is not required, whi h threshold is currently $100,000; WHEREAS, Iowa Code C pter 26.14, as amend d, requires the City to solicit competitive quotations for publi improvement contracts here the total estimated cost of the project is between $51,00Yand $100,000; and WHEREAS, Iowa C `de Section 26.14, as amended, Vuthorizes the City Council to delegate to an officer or ployee of the City the authority tA award such contracts, to execute such contracts o authorize work to proceed under s ch contracts, or to approve a contractor's perfor nce and payment bond; and WHEREA /,Resolution Nos. 07 -261 and 07 -202 delegatV the authority for public improvement,pr6jects below the competitive bid threshold to the ity Manager. C. Claims / WHEREAS, numerous claims are filed against the City for injuries . persons and property by the City of Iowa City, its agents and employees; and WHEREAS, Resolution No. 26 -59 grants authority to the City Manager to settle claims against the City up to $20,000; and Resolution No. Page 2 D. Farm Leases WHEREAS, the City of Iowa City owns certain real estate used for agricultural purposes; and WHEREAS, it is in the best interest of the public and the City of Iowa City to negotiate and enter into farm leases and security,' agreements until such time as the real estate is ready for development. WHEREAS, Resolution No. 09 -196 authorizes the City Manager cq'r designee to execute farm leases. r' E. Indemnification Agreements for Police and Fire WHEREAS, some private property owners have indil lated a willingne96 to allow police and fire personnel to conduct training on their property, provi Jed the City of Iowa City agrees to indemnify the property owner against property damage or I iersonal inju which could arise from the training; and WHEREAS, it is in the public interest for police offers and %re fighters to be able to train on private property. f WHEREAS, Resolution No. 99 -379 authorize the City Manager to execute indemnification agreements required for police and fire traini 1g. F. Economic Development Opportunity Funds WHEREAS, Council approves budget authority fo Economic Development Opportunity funds to be used for economic development inancial assistance, and WHEREAS, The City Council Economicbevelopnent Committee reviews, revises and recommends the Iowa City Economic Development Strategies and Policies biennially to the City Council for adoption. WHEREAS, the Iowa City Economic Developm nt Strategies and Policies are adopted by Council and contain stated goals and objec ves, and WHEREAS, Resolution no. 11 -66 grants the ( authority to make disbursements from the Economic G. Economic Development - Towncrest WHEREAS, Council Jmplemented the Towncresi the Towncrest Design Guidelines, and WHEREAS, Council has approved budget autho Renewal Area Grant Programs, and Manager limited administrative relopment Opportunity Fund. Urban Renewal Plan and adopted for the Towncrest Urban WHEREAS, Resolution no. 11 -231 grants the City Manager administrative authority to make Towncrest Urban Renewal Grants for the Towncrest Fagade Renovation Program and the Predevelopment Design Assistance Program. Resolution No. Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolutions 07 -261, 07 -202, 96 -59, 09 -196, 99 -379, 11 -66, 11 -231 are hereby repealed. A. Capital Outlay, Commodities, Operational Services and Professional Services 1. The City Manager or designe is hereby authorized to initiate and execute, without City Council approval, the following cor)t1racts: a. Contracts not exceedin commodities, operating service public improvement contracts) fo the annual budget as approved by t b. Contracts for professional s where the total estimated amount does B. Public Improvements $150,000 /ilneering, urchase of and capital t including which there authority in e City Counc rvices (e.g. architect) of exceed $ 1. The City Manager or designee has th aut ority to execute public improvement contracts for which there is funding authors y ' the City Council's adopted budget that do not require public bidding because they o not exceed the "competitive bid threshold" established in Chapter 26 oft owa Code (currently $100,000) 2. The City Manager or designe ha the authority to award a contract, to execute a contract, to autho ize wo k to proceed under a contract, or to approve the contractor's p forman a and payment bond for public improvement projects where he estim ted total costs require the City to solicit competitive quotatio s pursuant to Iowa Code Section 26.14(2011). C. Claims 1. The City Manager, or esignee is hereby a thorized to settle all claims not exceeding $20,000 against the City or by t e City without further authorization by the City Council. addition, the City Man ger or designee is authorized to settle worker's compe sation claims when the fa is are not in dispute and the benefit payments are termined by statute and th rendering physician's impairment rating. I D. Farm Leases 1. The C4 Manager or designee is her by authorized to negotiate, execu , renew and manage farm lea es and security agreements for agric Itural land the City may now own or later acquire, upon approval by t e City Attorney's Office. 1 2. All I'&uch leases shall be in writing, shall be for a period not to exceed one year, with possible renewals and subject to Iowa Code Sections 563.6 and 563.7. Resolution No. Page 4 E. Indemnification Agreements for Police and Fire Training 1. The City Manager or designee, after consultation with the City Attorney and Risk Manager, is authorized to execute indemnity agreements for police and fire training on private property. F. Economic Development Op 1. The City Manager is gr ' i disbursements from the the following three stipu a. There is a $50, funded by account numb ity Funds ed administrative auth ,pfity to make conomic Deve/48070;, Opportunity Funds with tions: 00 limit per exe to this authority, to be - 1000 - 457100- and b. the use align dire�tly with Cy Council's adopted Economic Development policies and s rategies and c. reporting the u Economic Development ( and again in an annual repo G. Economic Development - e oKany of the funds will occur at the first pp(mittee meeting following such disbursement, 1. The City Manager is grant d administrative authority to execute Towncrest Urba Renewal Grant agreements, in a form approved by t e City Atto ey, for the Towncrest Facade Renovation P ogram and th . Predevelopment Design Assistance Program. 2. Any such reements shall be r orted to the Economic Development Committ at the first Committe meeting following such disburs ment, and again in an nual report. Passed and approved this day of ATTEST --CITY CLERK ' roved /7-// City City Attorney's Office 20 MAY R