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Home My WebLink About2012-03-06 Resolution3d(1) Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 12 -84 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK SIDEWALK REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Sidewalk Replacement Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 11, 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 available in the Public Sidewalk Replacements account #4174- 441870; and WHEREAS, the final contract price is $52,158.18. 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 6th day of March 20 12 MAYOR Approved by ATTEST: CITY 'CtERK City Attorney's Office _ -L It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x — x x x x x x Pweng/ res /acptwork- mercerpksidewrepl.doc 2/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 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 February 13, 2012 City Clerk City of Iowa City, Iowa Re: Mercer Park Sidewalk Replacement Project Dear City Clerk: I hereby certify that the construction of the Mercer Park Sidewalk Replacement Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $52,158.18. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, lzrjo -R. X--- Ronald R. Knoche, P.E. City Engineer ✓✓ 03 -06- 22 3d(2) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -8 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EASEMENT AGREEMENT FOR 332 S. GOVERNOR STREET AND 336 S. GOVERNOR STREET. WHEREAS, the City purchased 332 and 336 S. Governor St. as part of the UniverCity program; WHERES, these adjacent properties were never separately owned, and they share a driveway and a garage; and WHEREAS, the City should impose a joint access agreement for the driveway, a joint maintenance agreement for the garage, and restrictions on parking on the driveway prior to conveying the properties. 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 is authorized to sign and the City Clerk to attest to an agreement that provides for an access easement, parking restrictions, and garage maintenance for 332 S. Governor St. and 336 S. Governor St. Passed and approved this 6th ' day of March , 2012. MAYOR ATTEST: CIT LERK Approved by -A a --a&-- Id, City Attorney's Office Resolution No. 12 -85 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton ✓✓ 3d(3) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 1030 MUSCATINE AVENUE, IOWA CITY, IOWA. WHEREAS, the City provided the owner with a loan in 2010 to rehabilitate his home at 620 S. 7th Avenue, which is secured by a mortgage containing the wrong legal description; WHEREAS, the legal description in the mortgage is for 1030 Muscatine Avenue rather than 620 S.7 TH Avenue; and WHEREAS, the mortgage should be released from encumbering 1030 Muscatine Avenue. NOW, THEREFORE, BE IT RESOLVED BY TH1E 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 Mortgage for recordation, whereby the City does release the property located at 1030 Muscatine Avenue, Iowa City, Iowa from the Mortgage dated November 8, 2010 and recorded November 17, 2010 at Book 4682, Page 929 of the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Mortgage, said recording costs to be paid by the City. Passed and approved this 6th day of March , 2012. MAYOR ATTEST:_ AZei�U) A-" CIT LERK Approved by �0 r--�� City Attorney's Office Resolution No. Page 2 12 -86 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: —x —x — x x x x x NAYS: Champion the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 RELEASE OF MORTGAGE The City of Iowa City does hereby release the property at 1030 Muscatine Avenue, Iowa City, Iowa, and legally described as follows: In Lot 29 of Block 1 of Clark and Borland's Addition to Iowa City, Iowa, all that portion of said Lot 29 lying North of a line described as follows: Commencing on the East line of said Lot 29 at a point which lies 64 feet south of the northeast corner of said Lot 29; thence running Southwesterly along a line which bears south 75 degrees 42 minutes West of the last described point until said line intersects the Northeast right- of -way of Muscatine Avenue. The East line of said Lot 29 is assumed to bear due North, according to the recorded plat thereof. Subject to easements and restrictions of record. from a mortgage executed by Mark L. Stevenson in favor of the City of Iowa City dated November 8, 2010 and recorded November 17, 2010 at Book 4682, Page 929 of the Johnson County Recorder's Office. CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor By: • /�•�► .tom Marian K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this to wA day of AlAec n— , 2012, 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. SONDRAE FOR anq a- Far' Commission Number 159791 Notary Public in and for the State of Iowa • My Commission Expires 7 d� o,rS My Commission expires: 3 7 mt 03 -06-12 3d(4) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -87 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC D /B /A SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Laurence Short, Et Al, as landlord, and Short's Burger and Shine LLC, d /b /a Short's Burger and Shine, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 18 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 6th day of March , 2012. ATTEST: X1/1/ CITY -CLERK MINE WON= ApprQv-ed by. a -dc- _t d City Attorney's Office Resolution No. Page 2 12 -87 It was moved by m;,,, and seconded by Chi; nn the Resolution be adopted, and upon roll call there were: AYES: x -x_ x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 3d(5) RESOLUTION NO. 12 -88 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. University of Iowa Community Credit Union Freedom Security Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank Two Rivers Bank & Trust 500 Iowa Avenue Iowa City, IA 52244 -2240 140 Holiday Rd. Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 222 N. Main Street Burlington, IA 52601 Same Same Same 205 E College Iowa City, IA 52240 640 Highway 1 West Iowa City, IA 52246 805 22nd Avenue Coralville, IA 52241 50,000,000.00 50,000,000.00 15,000,000.00 15,000, 000.00 25,000,000.00 35,000,000.00 10,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 35,000,000.00 10,000,000.00 Cedar Rapids Bank & Trust 500 1st Ave NE, Ste 100 Same 20,000,000.00 20,000,000.00 Cedar Rapids, IA 52401 Passed and approved this 6th day of March , 2012 n MAYOR Approved by ATTEST: . 20,-4 !/ CITY CLERK City Attorney's Office S: \FIN \TREAS \BRIAN \bank resolution.xls Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 MidWestOne Bank 102 S. Clinton St. Same 75,000,000.00 100,000,006.00' Iowa City, IA 52244 -1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank P.O. Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Memphis, TN 38147 -0001 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 301 S. Clinton St. 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407 -3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 University of Iowa Community Credit Union Freedom Security Bank Farmers & Merchants Savings Bank Liberty Bank First American Bank Two Rivers Bank & Trust 500 Iowa Avenue Iowa City, IA 52244 -2240 140 Holiday Rd. Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 6400 Westown Parkway Des Moines, IA 50266 1207 Central Avenue Fort Dodge, IA 50501 222 N. Main Street Burlington, IA 52601 Same Same Same 205 E College Iowa City, IA 52240 640 Highway 1 West Iowa City, IA 52246 805 22nd Avenue Coralville, IA 52241 50,000,000.00 50,000,000.00 15,000,000.00 15,000, 000.00 25,000,000.00 35,000,000.00 10,000,000.00 15,000,000.00 15,000,000.00 25,000,000.00 35,000,000.00 10,000,000.00 Cedar Rapids Bank & Trust 500 1st Ave NE, Ste 100 Same 20,000,000.00 20,000,000.00 Cedar Rapids, IA 52401 Passed and approved this 6th day of March , 2012 n MAYOR Approved by ATTEST: . 20,-4 !/ CITY CLERK City Attorney's Office S: \FIN \TREAS \BRIAN \bank resolution.xls Resolution No. 12 -88 Page 2 It was moved by Mims. and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne Throgmorton M-k 3d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO.. 12 -89 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2132 HOLLYWOOD BLVD., IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the total amount of $13,407, executed by the owner of the property on September 19, 1996, recorded on September 25, 1996, in Book 2160, Page 307 through Page 31 land an Amended Mortgage on July 21, 1997, recorded on July 25, 1997, Book 2313, Page 200 through Page 200 "D ", and a Mortgage on July 28, 2005, recorded August 10, 2005, Book 3924, page 365 through Page 369 in the Johnson County Recorder's Office covering the following described real estate: Lot 14, in Block 2, Fair Meadow Addition First Unit, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, Hills Bank and Trust is refinancing a mortgage for $52,500 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 Hills Bank and Trust, secured by a proposed mortgage in order to induce Hills Bank and Trust to secure first position on such a loan; and WHEREAS, Hills Bank and Trust has requested. that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien, which is the City's original position. 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 Hills Bank and Trust, Coralville, Iowa. Passed and approved this 6th day of March , 20__12_. !i5!" .. MAYOR Resolution No. 12 -89 Page 2 ATTEST: CITY LERK Approved by a - /0, City Attorney's Office It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek — x Mims x Payne x Throgmorton FAX TRANSMITTAL COVER SHEET City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Fax: (319) 356 -5217 Date: JILP..-a 1 0 ( ca TO PERSON7�t-c`h'�— C COMPANY: C�C��L \L cc FAX #: 40S2) Total pages (including this cover sheet): 4- MESSAGE: CITY OF 10117A CITY FROM PERSON: Lk?- DEPT.: PHONE \ [1 G Ct C:3� 0 If you do not receive all pages or have any problem with the transmission, please call the phone # listed above. coversht.fax SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time is in the amount of $13,407, and was executed by Judith K. Kahler (herein the Owner), dated September 19, 1996, recorded September 25, 1996, in Book 2160, Page 307 through Page 311, and an Amended Mortgage dated July 21, 1997, recorded July 25, 1997, in Book 2313, Page 200 through Page 200 "D ", and dated July 28, 2005, recorded August 10, 2005, in Book 3924, Page 365 through Page 369, Johnson County Recorder's Office, covering the following described real property: Lot 14, in Block 2, Fair Meadow Addition First Unit, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the sum of $52,500 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 02/22/2612 13:16 3193565217 IOWA CITY PLANNING PAGE 93/04 4. Binding Effect, This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, Successors, and assigns of the parties hereto. Dated this , day of .20 IJ-. CITY OF IOWA CITY FINANCIAL INSTITUTI gy Mayor C Attest; CITY S, ACKNOWLEDGEMENT sTA'rE OF IOWA ) ) SS: JOHNSON COUNTY ) On this G day of MARCH -,20 /,;L- , before me, the undersigned, a Notary Public in and for the Mate of Iowa, personally appeared !Mg dAew _5awet' and Marian K. Kan', to me personally known, and, who, being by rrie duly sworn, did s8y 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 (Qfgoanee) (Resolution) No. /a 917 passed (the Resolution adopted) by the City Council, under Roll Call No, of the City Council on the 4 '�'6 . day of MAr- cl- , 20 ia�- , and that 14 41 u Q K. and Marian K. Karr acknowledged the execution of the instrument to be their voluntTary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT Ria o Commission Number 159791 My commission DOM Notary public in and for the State of Iowa 3 ti a0/ 2012 - Feb -22 12:06 PM Hills Bank & Trust 3196884755 5/7 92/22/2012 11:16 3193565217 IOWA CITY PLANNING PAGE 04/04 LotJOUR'S ACKN011Str t=n=ENT STATE OF IOWA ss� JOHNSON COVN`IY ) On this 7 day of b�u� %(/" } 20_L, b I qre me the undersigned, a Notary Public In and for the State of Iawa, personally appeared h�,s �nm , to me I pe�� 11 icna n, o being by me/d�uly swom, did say that he/she Is the �� i� C.� in -e S d � T of l �s �� i ' // Uj ,Q , that said Instrum t was ned on behalf of geld corporation by authority of Its Board of Directors; and that said // S M/1 acknowledged the execution of said Instrument to be the voluntary act and deed of said oorporation, by It and by him /her voluntarily executed. KEVIN J. BACHUS Notary PU15110 In and fvr the State of Iowa 1F COMMInebn Number 199449 my , Evlr� My Commfss {on expires• f III 4 fwq 3d(7) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 821 EAST CHURCH STREET, IOWA CITY, IOWA. WHEREAS, on April 20, 2004, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 821 East Church Street, Iowa City, Iowa from a Mortgage recorded November 4, 2004, Book 3812, Page 431 through Page 435, of the Johnson County Recorder's Office. Passed and approved this 6th day of March , 20 12 AM MAYOR ATTEST: :, &C.dai�L� CI ERK _Approved by City Attorney's Office It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 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): Aaron L. Gwinnup, single and Ginger M. Walsh, single Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 821 East Church Street, Iowa City, Iowa, and legally described as follows: Lot 2 in Block 9 in Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. from an obligation of the owners, Aaron Gwinnup and Ginger M. Walsh, to the City of Iowa City represented by a Mortgage recorded November 4, 2004, Book 3812, Page 431 through Page 435 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. "'' •- Approved by ATTEST: CITY LERK City Attorney's Office STATE OF IOWA ► SS: JOHNSON COUNTY ) fiA On this C day of MA P-C 1-4 A.D. 20_., before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared 60L f1 „ t.,,;, `f; L -k!4 aK 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 b'i' day hIA41 c- rt- , 20 18- and that the said AAaIfti4 Le "Z P a q # X, 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. SONDRAE FORT S'cr�nn a ° Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa • ow • 3 do liA41 3d(8) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -91 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $101,933, executed by the owner of the property on August 9, 2007, recorded on August 14, 2007, in Book 4204, Page 88 through Page 93 in the Johnson County Recorder's Office covering the following described real estate: Commencing at the Northwest corner of the SW/ of Sec. 13. Twp. 79 N., R. 6 West of the 5th P.M.; thence South along the West line of said Sec. 13, 160 feet to the place of beginning; thence .youth 80 feet; thent a East parallel to the North line of the SVIr 4 Qf Sdd. 13, 16 ..Y feet; the North and parallel to the West line of said Sec. 13, 80 feet; thence West 162Y feet to the placd of beginping except the West 37Y feet thereof used for public street and also except any portion of the'above described real estate conveyed t o t he City of Iowa City, Iowa by deed recorded in Book 2237, Page 261, said conveyed real estate described as follows: the westerly 1.00 foot of the following real estate described in Deed Book 233, Page 291, in the Johnson County Recorder's Office: Commencing at the Northwest corner of the SW /. of Section 13, T79N, R6W,of the 5"' P.M., thence South along the West line of said Section 13; 240 feet; thence East parallel to the North line of the SW'/. of said Section 13,'145 feet; thence North and parallel to the West line of said Section 13, 240 feet to a point on the North line of the SW/ of said Section 13; thence West 145 feet to the place of beginning, except the North 40 feet thereof which is used for public highway and except the West 37Yz feet thereof also used for public street and except the South 100 feet of the North 160 feet. WHEREAS, Hills Bank and Trust is refinancing a mortgage for $97,500 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 Hills Bank and Trust, secured by a proposed mortgage in order to induce Hills Bank and Trust to secure first position on such a loan; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien, which is the City's original position. Resolution No. 12 -91 Page 2 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 Hills Bank and Trust, Hills, Iowa. Passed and approved this 6th day of March , 20_]„2_. 4&k,Ak. MAYOR / Approved by ATTEST: _ � 1 A ,4 -. — d, � I �, CITY LERK City Attorney's Office It was moved by Mims and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion x- Dickens X Dobyns X Hayek X Mims X Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Iowa City, 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 $101,933, and was executed by Builders of Hope Global Village, Inc. (herein the Owner), dated August 9, 2007, recorded August 14, 2007, in Book 4204, Page 88 through Page 93, Johnson County Recorder's Office, covering the following described real property: Commencing at the Northwest corner of the S W < of Sec. 13. Twp. 79 N., R. 6 West of the a P.M.; thence South along the West line of said Sec. 13, 160 feet to the place of beginning; thence South 80 feet; thence East parallel to the North line of the SW. of Sec, 13; 162Y feet °thence.North and parallel to the West line ofsaid Sec. 13, 80 feet; thence West 162X: feet to the place 'of tieginrJthg,,, except the W. est 37Y feet thereof used for public street and also except any portion of the above described real estate conveyed to the City of Iowa City, Iowa by deed recorded in Book 2237, Page 261, said conveyed real estate described as follows: the westerly 1.00 foot of the following real estate described in. Deed Book 233, Page 291, in the Johnson County Recorder's Office: Commencing at the Northwest corner of the S WX of Section 13, T79N, R6W.of the eh P.M., thence South along the West line of said Section 13; 240 feet; thence East parallel to the North line of the SW'/, of said Section 13, 145 feet; thence North and parallel to the West line of said Section 13, 240 feet to a point on the North line of the SW/. of said Section 13, thence West 145 feet to the place of beginning, except the North 40 feet thereof which is used for public highway and except the West 372 feet thereof also used for public street, and except the South 120 feet of the North 160 feet. WHEREAS, the Financial Institution has loaned the sum of $97,500 on a promissory note to be executed by the Financial Institution, 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. LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this dg"— day of f26ruarj , 20 1A , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jere" 61. Qrov;vt , to me personally known, who being by me duly sworn, did say that he /she is the C mmcra-0 P rX!M OfPcor of Its Qark ca,,,,1 1 rust Ga�aany , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said 7�erern� m .frovin acknowledged the execution of said instrument to be the voluntary act and deed f said corporation, by it and by him /her voluntarily executed. rV 1 .pA►CE N. UAL Notary b is in and for t State of Iowa o aF•. Commission Number 742882 MY C^ °mc4�Qj'e"� �'_ My Commission expires; Q "ois oid �a MIS �L7�- 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 6 day of NVxcµ , 20 A7- . CITY OF IOWA CITY Attest: juz/ "2 5"S - *'4't) City erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION I-t W s (?>o y%k 0.vnd Trwst Co►+ Y%y B N %A gvt-euvn Serervmy t►Y1. 'Prouiin Gor~ercin,l (3anki O-ir.(1'cer On this � day of MAitsf4 , 20 /9- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared emkt'-) "T and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say 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 (Gfdh ance) (Resolution) No. /a- 51 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 4 "4 day of M Are cu , 20 i9- , and that IAsAfLeo 'T 44 G and Marian K. Karr acknowledged the execution of the instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 'u S0: RAE FORT _ Commission Number 159791 Sano(rc� ow My -7 .2c, on Expires Notary Public in and for the State of Iowa 3d(9) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -92 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1541 FOSTER ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage in the total amount of $30,000, executed by the owners of the property on January 21, 2011, recorded on January 28, 2011, in Book 4717, Page 658 through Page 663 in the Johnson County Recorder's Office covering the following described real estate: Unit 1541, Peninsula Neighborhood Lot 63 Condominiums, according to the Declaration of Submission of Property to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded December 7, 2010, in Book 4692, Page 657 Records of Johnson County, Iowa together with said unit's undivided interest in the common elements. WHEREAS, Hills Bank and Trust is financing a Mortgage for $21,000 and is securing the loan with a Mortgage covering the real estate described above; and WHEREAS, it is necessary that the Forgivable Mortgage held by the City be subordinated to the loan of Hills Bank and Trust, secured by a proposed mortgage in order to induce Hills Bank and Trust to secure first position on such a loan; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above - described real estate to secure the City. 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 Hills Bank and Trust, Hills, Iowa. Passed and approved this 6th day of March 12012 ATTEST: CITY LERK ro d by City Attorney's Office Resolution No. 12 -92 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust. Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $30,000, and was executed by Kenneth M. and Lucy C. Davis (herein the Owner), dated January 21, 2011, recorded January 28, 2011, n Book 4717, Page 658 through Page 663, Johnson County Recorder's Office, covering the following described real property: Unit 1541, Peninsula Neighborhood Lot 63 Condominiums, according to the Declaration of Submission of Property to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded December 7, 2010, in Book 4692, Page 657 Records of Johnson County, Iowa together with said unit's undivided interest in the common elements. WHEREAS, the Financial Institution has loaned the sum of $21,000 on a promissory note to be executed by the Financial Institution, 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 Forgivable Mortaaae 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: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Forgivable 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 Forgivable 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 6 day of N1 AV-C4 20 /�- , CITY OF IOWA CITY By ` zN-1_ Mayor Attest: I r -) h' City\Glerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION W11.5 ba v k A -tc1 j msi- Cow\ee ky By (3,34-Q,j M. frouih CoMyKeyci at BMV%k;#� Of cer On this G 44 day of MAP-C H , 20Lol- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mw k ,,> 7T--44aQ'-K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa 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 (Ardina me) (Resolution) No. is _ 92, passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 4 '4 day of M An_c;4 , 20 ,A- , and that AA --X, 44 oue Y, and Marian K. Karr acknowledged the execution of the instrument to be their volunt&y act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 3,r SONDRAE FORT rr rr _ Commission Number 159791 S tic, r�+'9 My Commission ices Notary Public ow ao /-5 ry in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this oZB day of Fe bar kaY� , 20 12 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared SeYtn7 M. Prou;v% , to me personally known, who being by me duly sworn, did say that he /she is the CDA,meYa'al Qxx►.k�n4 Of�raer of Wkt5 gavklk aALA I r%Lsfi CognpaatV , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Jtvtw-,4 m . rou�r` acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. �r L, .DACE N Notary P lic in and fort State of Iowa .IeaaLEir i Commission Number 74,2882 My ommission moires 'QViN My Commission expires: -0- CITY OF IOWA CITY , V - . lllpv�.a,� �' 3e(1) on MEMORANDUM Date: February 24, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director p Re: Stormwater Utility Fee Increase — March 6, March 20, and April 3 Introduction: The stormwater utility fee is an enterprise fund used to support Iowa City's stormwater management program. This program includes meeting all regulations set forth by the EPA stormwater regulations and Iowa City's NPDES Phase 2 permit. In addition, the fee assists with funding stormwater infrastructure improvements, various stormwater cost sharing programs for the general public, cleanup events, and personnel. History/Background: This utility fee was established in June of 2004, and is structured with different rates applying to residential and non - residential properties. Rates were determined and based on impervious area as a way to relate stormwater impacts with individual properties. By way of last year's council action, the stormwater fee incurred its' first increase since inception, and currently collects roughly $784,000 annually. This rate increase is part of a four year plan that was presented and discussed as a part of the FY12 budget process. This is year two of the four year plan. Discussion of Solutions: The stormwater management program has continued to grow, and demands for storm sewer infrastructure are constantly increasing. The proposed rate is rate is comparable with many other utility rates in the state and finds itself near the middle tier of other Iowa municipalities. Financial Impact: The single family residential rate will increase fifty cents per month. The multi - family residential rate will increase twenty -five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. The total annual revenue is estimated to increase from $784,000 to $930,000. Recommendation: Due to the growth in our program and strain on our system, an increase in the stormwater utility rate is recommended as proposed in the FY2013 budget and planned for in 2011. Per previous recommendations all non - residential properties that obtain a National Pollutant Discharge Elimination System ( NPDES) industrial stormwater permit from the Iowa Department of Natural Resources (IDNR) receive a 50% reduction in their monthly stormwater utility bill. The following schedule is proposed: March 6 — Set Public Hearing March 20 — Hold Public Hearing & First Reading April 3 — Second Reading & Third Reading I Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 12-93 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 20, 2012, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE.OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.50 to $3.00, and the multiplying rate for non - residential properties will increase from $1.00 to $1.25; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing is to be held on the 20th day of March, 2012, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City , Iowa , or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the ordinance is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of March _,20 12 iJ1:, pweng /res /phstormwtr amend2012.doc Approved by City Attorney's Office h2_ Resolution No. 12 -93 Page 9 It was moved by M; M.- and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton w3 5e Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SU1311- 00018) RESOLUTION NO. 12 -94 RESOLUTION APPROVING FINAL PLAT OF MACKINAW VILLAGE PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Mackinaw Village, LC, filed with the City Clerk the final plat of Mackinaw Village Part Four, 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 2010057, in accordance with the Plat thereof Recorded in Plat Book 55, at Page 81, of the Records of the Johnson County Recorder's Office, being a Portion of Government Lot 2 of Section 4, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Auditor's Parcel 2010057 contains 3.84 Acres, and is subject to easements and restrictions of Record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, 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: The said final plat and subdivision located on the above - described real estate be and the same 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. 12 -94 Page 2 Passed and approved this 6th day of March 12012 ATTEST: _ CITY LERK It was moved by Mims adopted, and upon roll call there were: AYES: X x X x x x X pcd /templates /Final Plat- Resolution. doc. doc MAYOR Approved by City Attorney's Office L and seconded by Payne the Resolution be NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton 5e To: Planning & Zoning Commission Item: SUB11 -00018 Mackinaw Village Part 4 GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: March 6, 2012 Applicant: Prime Ventures 580 Madison Avenue, Unit #3 North North Liberty, Iowa, 52317 Kevin@waftsdevelopment.com Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 60 -Day Limitation Period: BACKGROUND INFORMATION: Kevin Hochstedler 319- 665 -9200 Final plat approval A 16 -lot, single - family residential subdivision Sugar Loaf Circle, north of Foster Road and west of Mackinaw Drive 3.84 acres OPD -5 Undeveloped North: OPD -5 Residential South: ID -RS Institutional (Elks Club Golf Course) East: OPD -5 Residential West: Iowa River, Iowa City Limits Conservation and cluster development, 2 -5 units per acre January 25, 2012 March 25, 2012 A preliminary plat and OPD plan for Mackinaw Village, a 115 -lot, 75.25 -acre subdivision, was originally approved in 2004. The plan allowed for cluster development in order to preserve environmentally sensitive features including the Iowa River corridor, floodplain, wetlands, regulated slopes, and woodlands. To date Parts 1 -3, located to the east and north of the subject property, have been final platted. City Council approved a revised preliminary plat for Mackinaw Village Part 4 at its December 6, 2 2011 meeting. The applicant is now requesting approval of the final plat. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and current subdivision regulations. As noted with the preliminary plat Sugar Loaf Circle will continue with a 50 -foot right - of -way and 4 -foot sidewalks on both sides of the street to match up with the establish street stub. A sidewalk connection 4 feet in width will run between lots 89 and 90, connecting to Foster Road. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by staff prior to City Council consideration of the final plat. Lots 84 -87 and 95 -99 on the plat do not meet the minimum lot width or lot area requirements of the RS -5 zone. These variations were approved as part of the original re- zoning and Sensitive Area Development Plan for the subdivision on the condition that development of these lots shall be done in such a manner that the garages do not dominate the streetscape, but rather are recessed from the front fagade. This requirement should be noted in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends approval of SUB11- 00018, the final plat of Mackinaw Village Part 4, a 3.84 acre 16 -lot residential subdivision located along Sugar Loaf Circle, north of Foster Road and west of Mackinaw Drive, provided that legal papers and construction drawings are approved by staff. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadm in\stfrep \template. doc IAN, p y $ r LAJ N w a Z G Ov O k a N co 00-- "- a �J Opa o —■ — ALGDNQUIN RD �CL Y O. _._.�.. � a � MACKINAW DR cn G -� .1.. •� r ! L / -;F 2J3HSNA V �_• Jrr1, ! t *tai,' L ttrt•��'� � H / J Lu �, U a cq M LS Z r- woo �m > > Z # g o. a ol] g OLL �z ti 5 �i3 � Tf N qq}oy{�jj LL U M t' V0 0 �,U LL I E>r! a 'S %� $ Gj E o E". o a €S. o gggg pyp 8 ggp H 3 Bed i s .9Etl' o 0 II �� «o «u�� Ld €amma€ Es' -S�Enu 1,, •NO4•�n ~u Omc°>a�v c -�jg � oo'6a �c•L:�rc Reif °><m°a3 °q': Hi ;I'i' 1-1i r� mpo i 11, i ; ': i IPF" I}; Z s 9 F � � b N d b b n � t� �i // z, i IN JE w Z r N �g t Q W wow y o O Z w m U LL o=c�a y�NU S U I z c U N yw a vz O O W, c A\ wzyom � Z w � V/ m� G F �aggz0 aiSDz cuu U LL Q WT J N > 50� ca W --8 3w° U m`NV�i W �aLQ a W O N m L avyv a a O i ° E>r! a 'S %� $ Gj E o E". o a €S. o gggg pyp 8 ggp H 3 Bed i s .9Etl' o 0 II �� «o «u�� Ld €amma€ Es' -S�Enu 1,, •NO4•�n ~u Omc°>a�v c -�jg � oo'6a �c•L:�rc Reif °><m°a3 °q': Hi ;I'i' 1-1i r� mpo i 11, i ; ': i IPF" I}; Z s 9 F � � b N d b b n � t� �i // z, i r !I c :a Fk ntlm rt��ra rM � n II! ,gMWi [CIIIfY IpLWQb p.'L'[. IN JE �g t R J 4 5i`65 $ S r !I c :a Fk ntlm rt��ra rM � n II! ,gMWi [CIIIfY IpLWQb p.'L'[. Ii w � i m . i z a 0 _z I� pFpF IMMUNE MINIMUM 0111111EIIiiiiiEl HUENEME Ii w � i m . i z a 0 _z I� pFpF 14 5f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00002) RESOLUTION NO. 12 -95 RESOLUTION APPROVING FINAL PLAT OF BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, L.C., filed with the City Clerk the final plat of Brookwood Pointe Second Addition, 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: OUTLOT "B" BROOKWOOD POINTE FIRST ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 50 AT PAGE 5, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, CONTAINING 21.95 ACRES, MORE OR LESS, WHICH INCLUDES 0.87 ACRES OF ROAD RIGHT - OF -WAY THAT IS TO BE DEDICATED TO THE PUBLIC, AND IS SUBJECT TO ANY 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: The said final plat and subdivision located on the above - described real estate be and the same 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. 12_95 Page 2 Passed and approved this 6th day of March 201 2 MAYOR s� Approved by ATTEST: CITY btERK City Attorney's Office It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x X x x X _x pcd /templates /Final Plat - Resolution.doc.doc ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton To: City Council Item: SUB12 -00002 Brookwood Pointe Second Addition GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: March 6, 2012 Steve Kohli Construction, L.C. 3129 Dubuque Street NE Iowa City, IA 52240 Steve Kohli 319- 936 -6880 Final Plat Purpose: 20 -lot single family subdivision plus one outlot Location: Russell Drive and Terrapin Drive, west of Sycamore Street Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 60 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: 21.95 acres (4.83 acres within developable lots and 17.12 acres in an outlot for future development) Undeveloped, zoned RS -8 North: Residential, RS -5 South: Residential, RS -8 East: Residential, RS -5 West: . Park and undeveloped, P and OPDH -5 Residential February 1, 2012 April 1, 2012 Sanitary sewer and water are available Police, fire protection, refuse and recycling are provided by the City. Two transit routes, Lakeside and Eastside Loop, serve this area with a stop located approximately two blocks north on Sycamore Street. 5 Sr 2 BACKGROUND INFORMATION: In June 2005 this property was rezoned from Interim Development (ID -RS) to Low Density Single - Family (RS -5) (the northern 10.92 acres), and Medium Density Single - Family (RS -8) (the southern 18.34 acres). At the same time a preliminary plat of Brookwood Pointe, Additions 1-4, was approved to allow the subdivision of the property into a 106 -lot residential subdivision. The final plat of Brookwood Pointe, Addition 1, a 26 -lot subdivision, was also approved in August of 2005 and is now mostly built. In June 2010 the City Council approved a preliminary plat for Brookwood Pointe, Second -Fifth Addition, subject to an agreement for extension of a sanitary sewer to Sand Hill Estates at the time of final plat approval and approval of the City Engineer. The applicant is now seeking approval of the final plat of Brookwood Pointe Second Addition, which is a re- subdivision of Outlot B from the First Addition. There is a conditional zoning agreement for this property requiring: 1. Contribution of $2507.08 per acre toward the improvement of Sycamore Street at the time of final plat approval, 2. The construction of the storm water management facilities on Outlot A with Addition 1 (this has been completed), 3. An easement to facilitate construction of a sanitary sewer line from Southpointe Subdivision to Sand Hill Estates, 4. A landscape buffer for double fronting lots on Sycamore Street. These conditions will apply to the final plats of Brookwood Pointe, Second -Fifth Addition. ANALYSIS: The final plat complies with the approved preliminary plat and subdivision regulations. The City Attorney's Office is reviewing the legal papers and the City Engineer is reviewing the construction drawings. The following items will need to be addressed in the legal paper and construction drawings. Landscape buffer- Double frontage lots where dwellings will have side or rear - building facades oriented toward an arterial street are required to provide a minimum 20 -foot wide landscaped buffer area along the arterial street frontage. The buffer area must be planted with a mixture of coniferous and deciduous vegetation. In conjunction with this buffer, the conditional zoning agreement specifies that any fencing be located at least 25 feet west of Sycamore Street. This restriction must be noted in the subdivider's agreement and on the plat. Phasing - The 2005 preliminary plat for Brookwood Pointe phased development in a pattern that would have resulted in the Terrapin Drive and Covered Wagon Drive connecting to the Sand Hill Estates subdivision to the west as part of phase 2 of Brookwood Pointe. This would have provided sanitary sewer access to the northeast part of Sand Hill Estates, which is currently undeveloped. With this application the phasing plan would include Vesti Lane as the second phase, the connection of Terrapin Drive and Covered Wagon Drive would occur in phase 3. Staff does not object to the revised development phasing provided that there is an agreement for the installation of a sanitary sewer connecting Brookwood Point to Sand Hill Estates. This is addressed in the legal papers. Storm Water Management — A small part of the eastern portion of Brookwood Pointe utilizes the Sycamore Regional Stormwater System. In lieu of providing stormwater management within this part of the subdivision, the developer is required to pay a fee for use of the regional stormwater 3 management system. The legal papers will need to address the payment of this fee. Storm water management facilities were built on Outlot A in Addition 1 of Brookwood Pointe and will accommodate the remainder of the lots within the Second -Fifth Additions. Infrastructure fees: sanitary sewer and water main - Water main extension fees of $395 per acre; sanitary sewer tap -on fees of $1796 per acre and Sycamore Street improvement fees of $2507.08 per acre need to be included in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB12 -00002 the final plat of Brookwood Pointe Second Addition, a 20- lot, 21.95 acre residential subdivision located west of Sycamore Street be approved subject to staff approval of legal papers and construction drawings. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\sUrepUemplate. doc Q� Im 1 0 z a w c 0 m Ho �iissn�j lid I r c o a� cn c •o a -v O 0 -�d001 O O m \ II P 0 Ii Iw �LLI I�l 44 con lzi Qy IN 24 U I CD I Z Iw Ho �iissn�j lid Q \ _ �._..% c o a� cn c •o a -v O 0 -�d001 O O m a .. O P 0 O 0 W H' H 6£64- 8££ -61,£ — oMO! 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U I .new 9 i Sgt fll/ I I t }m� '1 O W O q �i. y bIIR I �,...o° ° — — —tj I I I "i _... g 9 , aI @ } get a, § I I I }. ° ' 1 I abW.'• i o3O t / e5� '� ;r�� i} � 1 tip ,.�i O m � 1 I og= 1 nm xm: ,w.a � \.•i��p� F.µww.. wild.., I RANG L_ N _ _ s..... � � it } { Y i � _ =.ai- � i \ \+. � --1-•- ' t 11355(,4 1L_- •, 1, tl t 1 }e �IA 1'1 D3iaaRaa•- :�� mw �,` a aaa sa ease �. I tit IF 1 at .� < 1: ~ 7 i d I� } -- -- --- --- t-- - - - - -- f iAl -F m � I a I - -t ------------------------------------ Sid xi I }i6 W« = - - - - -� -- - - - - Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -96 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD 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 Wobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 320 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to purchase 320 Fairchild Street for the principal sum of $185,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $5,200, 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 February 21, 2012, the City Council adopted a Resolution proposing to convey its interest in 320 Fairchild 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 320 Fairchild Street, legally described as the West Half of Lot 7, Block 55, Iowa City, Iowa. Resolution No. 12 -96 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 Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 6th day of March , 2012. MAYOR ATTEST: CITY -CLERK Approved by City Attorney's Office 1 1 03-06-12 CITY OF IOWA CITY MEMORANDUM Date: February 24, 2012 To: Tom Markus, City Manager From: Steve Long, Community Development Coordinator Re: UniverCity Agenda Item — March 6, 2012 Introduction: On March 6th, the City Council will be holding a public hearing and voting on a resolution to authorize the conveyance of 336 S. Governor Street and 320 E. Fairchild Street as part of the UniverCity Neighborhood Partnership Program. History /Background: The grant for the UniverCity Program allows the City to purchase twenty -six rental units located in designated neighborhoods surrounding the University and downtown, rehabilitate them with up to $50,000 in grant funds and then sell them to income - eligible buyers. These will be the 18th and 19th homes sold as part of the program. The remaining seven homes are expected to be completed and sold within the next month. Under the UniverCity Neighborhood Partnership, the City proposes to sell 336 S. Governor for $180,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $10,000. "Carrying costs" are all the 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. This home served as a rental for 15 years prior to being purchased by the UniverCity program. The buyer is a University of Iowa employee and will be receiving down payment assistance provided by the University in the amount of $9,200. The buyer will also be receiving additional down payment assistance from the Iowa City Housing Authority in the amount of $7,000. The City also proposes to sell 320 E. Fairchild Street for $185,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $5,200. This home served as a rental for 20 years prior to being purchased by the UniverCity program Statement of Fiscal Impact: The assessed value of 336 S. Governor Street at the time of purchase was $185,630 and the sale price is approximately $190,000. The assessed value of 320 E. Fairchild Street at the time of purchase was $196,100 and the sale price is approximately $190,000. It is likely that the assessed value of 336 S. Governor Street will increase resulting in an increase in the tax base. There will be no impact on the General Fund for ongoing operating expenses. Recommendation: These homes were in need of extensive repair and after the renovation they have become assets to the neighborhoods and to the community. Staff recommends that you approve the resolution to authorize the conveyance of 336 S. Governor Street and 320 E. Fairchild Street as part of the UniverCity Neighborhood Partnership program. February 24, 2012 Page 2 336 S. Governor Street — After Renovations 320 E Fairchild Street — After Renovations Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. .a s -rte RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMVLY HOME I LOCATED AT 320 FAIRCHILD STREET. r WHEREAS, the UniverCity eighborhood Partnership Program is a }dint effort between the University of Iowa and the Cit to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and /j WHEREAS, the City has receive a $1.25 million I -Jobs grant t assist in the acquisition and rehabilitation of twenty -six single amity homes to provide aff rdable housing in designated neighborhoods surrounding the Uni rsity of Iowa; and WHEREAS, Resolution 09 -384 auth rized the City to cquire and rehabilitate properties consistent with the grant agreement for I -Jobs fund for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabited a gle family home located at 320 Fairchild Street, Iowa City; and WHEREAS, the City has received an offer to rchase 320 Fairchild Street for the principal sum of $185,000 (the amount the City paid to quire the home), plus the "carrying costs" of approximately $5,200, which are all costs incu ea., by the City to acquire the home, maintain it and sell it, including abstracting and recordin fees; interest on the loan to purchase the home, mowing and snow removal, utilities, real a ate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide aff rdable housing in a designated area surrounding the University of Iowa; and t WHEREAS, on February 21, 2012, e City Council adopted a Resolution proposing to convey its interest in 320 Fairchild Street authorizing public notice of the proposed conveyance, and setting the date and time for the blic hearing; and WHEREAS, following the pu is 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 320 Fairchild Street, legally described as the West Half of Lot 7, Block 55, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by adopted, and upo roll call there were: AYES: NAYS: ABSENT: Passed and approved this day 0 Approved by City Attorney's Office CLERK the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012. fry w j � rn IS go Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -97 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR 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 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 336 South Governor Street for the principal sum of $180,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $10,000, 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 February 21, 2012, the City Council adopted a Resolution proposing to convey its interest in 336 South Governor 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 336 South Governor Street, legally described as part of Outlot 1, according to the plat recorded at Book 1, Page 116, described as part of Lot 1, Block 2, Berryhill's 2nd Addition, Iowa City, Iowa. Resolution No. 12 -97 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 Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x_ Hayek x Mims Payne X Throgmorton Passed and approved this 6th day of March MAYOR 2012. ATTEST: dlTftLERK Approved by City Attorney's Office Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 5224Op�31g56 -5Qh RESOLUTION NO. w t Ev RESOLUTIO AUTHORIZING CONVEYANCE F A SINGLE FAMILY' HOME LOCATED AT 6 SOUTH GOVERNOR STRE T. WHEREAS, the UniverCi Neighborhood Partners ip Program is a joint effort between the University of Iowa and the ty to encourage hom ownership and reinvestment in designated neighborhoods surrounding th University of lowa� and WHEREAS, the City has receive a $1.25 mill' n I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single mily hom s to provide affordable housing in designated neighborhoods surrounding the Univ sity of wa; and WHEREAS, Resolution 09 -384 autho 'z d the City to acquire and rehabilitate properties consistent with the grant agreement r 11-Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and habilit ed a single family home located at 336 South Governor Street, Iowa City; and WHEREAS, the City has receive an offer to p chase 336 South Governor Street for the principal sum of $180,000 (the a ount the City pai to acquire the home), plus the "carrying costs" of approximately $10,000 which are all costs I curred by the City to acquire the home, maintain it and sell it, including bstracting and recordi fees, interest on the loan to purchase the home, mowing and snow emoval, utilities, real est to taxes, and any costs in excess of $50,000 to repair and rehabili to the home; and WHEREAS, this sale wou provide affordable housing in a esignated area surrounding the University of Iowa; and WHEREAS, /dae 21, 2012, the City Council adopted a R olution proposing to convey its interest in Governor Street, authorizing public notice o the proposed conveyance, and setting t time for the public hearing; and WHEREAS, e public hearing on the proposed conveyance, the Cit y Council finds that the convn the public interest. NOW, THEE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA 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 336 South Governor Street, legally described as part of Outlot 1, according to the plat recorded at Book 1, Page 116, described as part of Lot 1, Block 2, Berryhill's 2nd 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 co ummate the conveyance requir by law. It was moved by and seconded by the Resolution be adopted, and upon roll call there we 'T- AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Passed and approved this Aof. , 2012. / MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office °- `� rQ M4g Prepared by: Mike Moran, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5100 RESOLUTION NO. 12 -98 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10 a.m. on the 10th day of April, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7 p.m. on the 17th day of April, 2012, or at a special meeting called for that purpose. Passed and approved this 6th day of March 20 12 ATTEST: -,� ) -,?e• 7emA CITY CLERK pwenglreslapprovplanstrueblood-ph3.doc WE MAYOR — \ Appr C.by .. - •' � t City Attgr ey's Resolution No. 12 -98 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne Throgmorton WO 4 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -99 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Water Main Crossings Flood Repairs account #3279. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a. newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 29th day of March, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin�g, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3 day of April, 2012, or at a special meeting called for that purpose. Passed and approved this 6th day of March , 20 12 La=m•_ Approved by ATTEST: y I I& " hkAC%, CAY&- ERK City Attorney's Office a .A `2 pwengVresAarivcross- appp&s.doc 2/12 Resolution No. 12 -99 Page 2 It was moved by Payn - and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: _ x Champion x_ Dickens x Dobyns x Hayek Y_ Mims x Payne X Throgmorton nn t7 L, 10 Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -100 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Sycamore Street - Highway 6 to City Limits account # 3811. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:00 a.m. on the 28th day of March, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin'q, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3 day of April, 2012, or at a special meeting called for that purpose. Passed and approved this 6th day of March , 2012 ATTEST: CITY�CLERK pweng/res/Hwy 6 — Sycamore 2.24.2012 [ M 4 RAAYnR Resolution No. 12 -100 Page 2 It was moved by Champion and seconded by _Eaayne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion Dickens x x Dobyns x Hayek x Mims x Payne x Throgmorton �J Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5053 RESOLUTION NO. 12 -101 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2013 was held on March 6, 2012, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2013, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 6th day of March , 2012. ATTEST: CITY CLERK ♦ i� -� �- Approved by City Attorney's Office It was moved by Dobyns and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton finadm \res\ann1bdgt- 2013.doc 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5053 RESOLUTION NO. 12 -102 RESOLUTION APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three -year Financial Plan for operations and a multi -year Capital Improvements Program budget; and WHEREAS, the three -year Financial Plan and multi -year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on March 6, 2012, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City does hereby adopt the three -year Financial Plan for the Fiscal Years 2013 through 2015 and the multi -year Capital Improvements Program through Fiscal Year 2016. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 6th day of March , 2012. MAYOR Approved by ATTEST: � —/ —) UT?—CLERK City Attorney's Office finadmVes%iinplan- 2011doc lip Resolution No. 12 -102 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _x Hayek x Mims _ x Payne x Throgmorton Quip M&I Date: March 1, 2012 CITY OF IOWA CITY — ass�r- MEMORANDUM --= To: Tom Markus, City Manager From: Kevin O'Malley, Director of Financ - Re: March 6, 2012 Agenda Item Introduction: A public hearing will be held March 6, 2012, in consideration of formally adopting the FY2013 Proposed Budget, FY2013 -15 three -year financial plan and FY2012 -2016 five -year capital improvements program. The budget must be certified by the Johnson County Auditor's office by March 15, 2012. The attached Notice of Public Hearing and budget summary were made available to the public on February 24, 2012, as required by state law, to allow for public input. History/Background: The budget document was made available to City Council and the general public on December 22, 2011. Recommendations to increase water and landfill user fees were retracted upon further review with staff. Budget sessions were then held in January, 2012, during which department directors presented their proposals and responded to questions from City Council. At the conclusion of these sessions, City Council directed staff to proceed with setting the public hearing to adopt the budget as presented. Financial Impact: The proposed levy rate for FY2013 is $17.268 per $1,000•of taxable valuation, a reduction from the proposed rate of $17.272, due to changes in property tax valuations. The revised rate represents a (3.19 %) decrease from Iowa City's FY2012 total levy of $17.842 per $1,000 of taxable valuation. Following is a summary of administrative changes which did occur from the proposed budget as printed in December, 2011. General Fund Revenue Expenditures Net Chan e Proposed Budget: $ 54,566,046 $ 54,448,261 Finance Administration: Revised: Local Option Sales Tax 94,934 - 94,934 Revenue Estimate Revised: Propert y Tax Revenue 11,131 - 11,131 per revised valuations ' Revised: Transit Levy -state code 2,803,317 2,803,317 requirement Revised FY2013 Budget Proposal: $ 57,466,428 $ 57,261,568 $ 106,065 _... .. . Change from Proposed Budget Book. $ 2,909,382 $ 2,803,317 $ 106,065 February 23, 2012 Page 2 Local Option Sales Tax revenue for FY2013 was updated to match the state's revised estimate for FY2012. Property tax revenue estimates changed slightly based on taxable valuation revisions from the Johnson County Auditor's office. As proposed, Transit Operations will be reclassified from a General Fund activity to a proprietary (business -type) fund. State code requires that the Transit Levy be deposited in General Fund and transferred to the operating fund. Recommendation: Recommendation is for approval of resolutions adopting the FY2013 Proposed Budget, FY2013- 15 Three -year Financial Plan and FY2012 -2016 Five -year Capital Improvements Program. Form 631.1 Department of Management NOTICE OF PUBLIC HEARING BUDGET ESTIMATE FISCAL YEAR BEGINNING JULY 1, 2012 - ENDING JUNE 30, 2013 City of Iowa City , Iowa The City Council will conduct a public hearing on the proposed Budget at 410 E. Washington St., City Hall on 03/06/12 at 7:00 p.m. (Date) xx/xx/xx (hour) The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuation on regular property .......... $ 17.26864 The estimated tax levy rate per $1000 valuation on Agricultural land is .. ... I ..... $ 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. (319) 356 -5041 Marian K. Karr phone number City Clerk/Finance Officers NAME Re- estimated FY 2012 Actual FY 2011 FBud9etFY (b) (c) Revenues & Other Financing Sources Taxes Levied on Property ,375 49,594,682 47,825,752 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 50,407,375 49,594,682 47,825,752 Delinquent Property Taxes 4 0 0 7,688 TIF Revenues 5 507,060 846,085 846,061 Other City Taxes 6 11,031,846 10,400,955 10,865,460 Licenses & Permits 7 1,440, 389 1,223,447 1,413,665 Use of Money and Property 8 1,535,026 1,264,679 1,505,531 Intergovernmental 9 38,627,081 89,040,109 39,614,750 Charges for Fees & Service 10 41,066,638 40,683,916 40,653,159 Special Assessments 11 0 0 0 Miscellaneous 12 3,771,813 5,782,600 7,410,013 Other Financing Sources 13 66,682,753 110,692,668 77,450,865 Total Revenues and Other Sources 14 215,069,981 309,529,141 227,592,944 Expenditures & Other Financing Uses Public Safety 15 21,449,889 21,401,631 18,703,397 Public Works 16 7,718,182 13,994,820 13,434,330 Health and Social Services 171 290,707 0 0 Culture and Recreation 181 12,685,436 12,743,563 11,804,919 Community and Economic Development 191 7,217,647 24,626,370 19,119,500 General Government 20 122 7,618,655 8,282,244 7,460,374 Debt Service 21 20,226,046 15,225,884 14,053,245 Capital Projects 25,723,659 80,282,918 18,654,703 Total Government Activities Expenditures 23 102,930,221 176,557,430 103,230,468 Business Type /Enterprises 24 67,003,751 91,149,983 69,838,459 Total ALL Expenditures 25 169,933,972 267,707,413 173,068,927 Transfers Out 26 54,738,103 97,722,338 46,972,625 Total ALL Expenditures/Transfers Out 27 224,672,075 365,429,751 220,041,552 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 28 - 9,602,094 -55,900,6101 7,551,392 Continuing Appropriation 29 0 0 Beginning Fund Balance July 1 30 107,618,639 163,519,249 155,967,857 Ending Fund Balance June 30 1311 98,016,545 107,618,639 163,519,249 Form 6: I Adoption of Budget and Certification of City Taxes FISCAL YEAR BEGINNING JULY 1, 2012 - ENDING JUNE 30, 2013 The City of: Iowa City County Name: JOHNSON uepanmen, of manage... 52 -483 Date Budget Adopted: 03/06/12 At a meeting of the City Council, held after the public hearing as required by law, as specified above, the proposed budget was adopted as summarized and attached hereto, and tax levies, as itemized below, were approved for all taxable property of this City There is attached a Long Term Debt Schedule Form 703 for the debt service needs, if any. r (319)356 -5041 F-M-a.�rE�,,��,D� TWpl,on Namaer Sgnarura 11.e.J�...w,��, cotYRa)IJq orw owa January 1, 2011 Property Valuations With Gas & Electric_ Without Gas & Electric Last official census MAR 13 2012 Regular za X2,946,951,863 zb 2,899,547,813 67,862 DEBTSERVICE 3a 2,958,664,190 31, 2,911,260,140 Ag Land 4. 1,447,988 TAXES LEVIED (A) IBl (c) Code Dollar Request with Property Taxes Sec. Limit Purpose Utility Replacement Levied Rate 384.1 8.10000 Regular General levy 5 23,870,310 23,486,337 43 8.10000 (384) Non -Voted Other Permissible Levies 12(6) 0.67500 Contract for use of Bridge 6 0 44 0 12(10) 0.95000 Opr & Maint publicly owned Transit 7 2,799,604 2,754,570 45 0.95000 12(11) Amt Nec Rent, Ins. Maint of Civic Center 6 0 46 0 12(12) 0.13500 Opr & Maint of City owned Civic Center 9 0 47 0 12(13) 0.06750 Planning a Sanitary Disposal Project 10 0 48 0 12(14) 0.27000 Aviation Authority (under sec.330A.15) 11 0 49 0 12(15) Amt Nec Joint city -county building lease 12 0 so 0 12(16) O.o6750 Levee Impr. fund in special charter city 13 0 61 0 12(18) AmlNec Liability, property & self insurance costs 14 922,125 907,298 52 0.31291 12(221 Amt Nec Support of a Local Emerg. Mgmt. Comm. 462 0 465 0 (384) Voted Other Permissible Levies " u(l) 0.13500 InstrumentallVocal Music Groups 15 0 53 0 12(2) 0.81000 Memorial Building 16 0 54 0 12(3) 0.13500 Symphony Orchestra 17 0 55 0 12(4) 0.27000 Cultural & Scientific Facilities 18 0 56 0 12(5) As Voted County Bridge 1s 0 57 0 12(6) 1.35000 Missi or Missouri River Bridge Const. 20 0 58 0 12(9) 0.03375 Aid to a Transit Company 21 0 59 0 12(17) 0.205DO Maintain Institution received by gift/devise 22 0 60 0 12(19) 1.00000 City Emergency Medical District 463 0 466 0 12(21) 0.27000 Support Public Library 23 795,677 782,878 61 0.27000 28E.22 1.50000 Unified Law Enforcement 24 0 62 0 Total General Fund Regular Levies (5 thru 24) 25 28,387,716 27,931,083 384.1 3.DD375 Ag Land 26 4,349 4,349 63 3.00375 Total General Fund Tax Levies (25+26) 27 28,392,065 27,935,432 Do Not Add Special Revenue Levies 384.8 0.27000 Emergency (if general fund at levy limit) 28 0 0 64 0 384.6 Amt Nec Police & Fire Retirement 29 2,581 365 2,539,842 0.87594 Amt Nec FICA & IPERS (if general fund at levy limit) 30 2,797,663 2,752,660 0.94934 Rules Amt Nec Other Employee Benefits 31 4,030,190 34965,361 1.36758 Total Employee Benefit Levies (29,30,31) 32 9,409,218 9,257,850 65 3.19286 Sub Total Special Revenue Levies (28 +32) 33 9,409,218 9,257,650 Valuation 386 As Req Mill Gas & Elec Without Gas & Elec SSMID I wt 139,871,680 ce1 139,871,680 34 279,743 279,743 66 2.00000 SSMID 2 as ml 35 _ 0 67 0 SSMID 3 (A) el 36 0 as 0 SSMID 4 (A) ta) 37 0 69 0 SSMID 5 w (e7 555 0 565 0 SSMID 6 (A) tat 556 0 566 0 SSMID 7 (Al cal 1177 0 0 Total SSMID 38 279,743 279,743 DO Not Add Total Special Revenue Levies 39 9,688,961 9,537,593 384.4 Amt Nec Debt Service Levy 76.10(6) 40 13,144,952 40 12,934,350 70 4.44287 384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0 71 0 Total Property Taxes (27 +39 +40 +41) 42 51,225,978 42 50,407,375 72 17.26864 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. 1) The prescribed Notice or Public Hearing Budget Estimate (Form 631.1) was lawfully published, or posted if applicable, and notarized, riled proof was evidenced. 2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing. 3) Adopted property taxes do not exceed published or posted amounts. 4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total. 5) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. " 6) The city is receiving TIF Revenues and has completed the TIF Indebtedness section of the TIF DEBT form in compliance with 384.16(1) f G0Y"ry4u�0f1 Form 635 .1 Department of Management Adoption of Budget and Certification of Ci Taxes 5 2 483 P 9 tY FISCAL YEAR BEGINNING JULY 1, 2012 - ENDING JUNE 30, 2013 The City of: Iowa City County Name: JOHNSON Date Budget Adopted: 03/06/12 ' M •Vx At a meeting of the City Council, held after the public hearing as required by law, as specified above, the proposed budget was adopted as summarized and attached hereto, and tax levies, as demlzed below, were approved for all taxable property of this City. There is attached a Long Term Debt Schedule Form 703 for the debt service needs, if any. -5 ;z7 County Auditor Date Stamp + January 1, 2011 Property Valuations With Gas & Electric Without Gas & Electric Last Official Census / Regular DIEBT SERVICE Ag Land Code Dollar Sec. umR Purpose 384.1 8.10000 Regular General levy (384) Non -Voted Other Permissible Levies 12(8( 0.67500 Contract for use of Bridge 12(10( 0.95000 Opr & Maint publicly owned Transit 12 (1n Amt Nee Rent, Ins. Maint of Civic Center 12(12) 0.135DO Opr & Maint of City owned Civic Center 12(13) 0.06750 Planning a Sanitary Disposal Project 12(14) 0.27000 Aviation Authority (under sec. 330A.15) 12(16) Amt Nee Joint city - county building lease 12(18) 0.06750 Levee Impr. fund in special charter city 12(18) Amt Nee Liability, property & self insurance costs 12(221 Amt Nee Support of a Local Emerg.Mgmt.Comm. 1384) Voted Other Permissible Levies 12(1) 0.13500 InstrumentalNocal Music Groups 12(2) 0.61000 Memorial Building 12(3) 0.13500 Symphony Orchestra 12(4) 0.27000 Cultural & Scientific Facilities 12(5) As voted County Bridge 12(6) 1.35000 Missi or Missouri River Bridge Const. 12(g) 0.03375 Aid to a Transit Company 12(17) 0.20500 Maintain Institution received by gtthru 12(191 1.000W City Emergency Medical District 12(21) 0.27DOO Support Public Library 28E.22 1.50000 Unified Law Enforcement Total General Fund Regular L lea 384.1 3.00375 Ag Land Total General Fund Tax 1111 (25+26 Special Revenue Lev' 384,8 027000 Emergency (if neral fund at levy limit) 384.6 Amt Nee Police &Fir etirement Amt Nec FICA RS (if general fund at levy limit) Rules Amt Nee Other Employee Benefits Total Employee Benefit Levis (28,30,31) Sub Total Special Revenue Levies (28 +32 2a Z,946,9b1,863 2b 4899,b47,813 3a 2,958,664,190 3b 2,911,260,140 4. 1,447,988 TAXES LEVIED (A) (B) (C) Request with Property Ta Utility Replacement Levi Rata 5 23,870,310 23,486,337 43 8.10000 6 7 2,799,604 8 9 10 11 12 13 14 922.125 15 16 20 22 463 23 795,677 25 28.387,716 26 4,349 27 8,392,065 0 0 0 0 0 907,298 0 0 0 0 0 _ 0 0 782,878 0 27,931,083 4,349 27,935,432 44 0 45 0_95000 46 0 47 0 48 0 49 0 so 0 51 0 52 0.31291 465 0 53 0 54 _ 0 55 0 56 0 57 0 56 0 59 0 60 0 466 -__ -_ 0 61 _ 0.27000 62 0 63 Do Not Add 28 0 0 64 0 29 2, 1,365 2,539,842 0.87594 30 2,79 663 2,752,660 _ 0.94934 31 4,030, 90 3,965,361 1.36758 32 9,409,2 8 9,25_7,850 65 _ _3.192.8_6 33 9,409,21 9,257,850 386 As Req With Gas & Elec Without Gas & Elec SSMID 1 (A) 139,871,680 cal 139,871,680 34 279,743 279,743 66 2.00000 SSMID 2 (A) (a) 35 0 67 0 SSMID 3 (A) re) 36 0 68 0 SSMID 4 (A) m _ 37 -_ 0 69 0 SSMID 5 (A) re) 555 0 565 0 SSMID 6 (A) m 555 0 566 0 SSMID 7 (A) a) 1177 0 0 Total SSMID 38 279,743 279.743 Do Not Add Total Special Revenue Levies 39 9,688,961 9,537,593 mt 384.4 A Nee Debt Service Levy 76.10(6) 40 13,144,952 40 2,934,350 70 384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 41 0 71 Total Property Taxes (27 +39 +40 +41) 42 51,225,978 42 54.407,375 72 17.26864 4.44287 0 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. 1) The prescribed Notice of Public Hearing Budget Estimate (Form 631.1) "a lawfully published, or posted if applicable, and notarized, filed proof was evidenced. 2) Budget hearing notices were published or posted not less than 10 days, nor more than 20 days, prior to the budget hearing. 3) Adopted property taxes do not exceed published or posted amounts. 4) Adopted expenditures do not exceed published or posted amounts in each of the nine program areas, or in total. 5) The budget file uploaded to the SUBMIT Area matched the paper copy certified by the city to this office. 6) The city is receiving TIF Revenues and has completed the TIF Indebtedness section of the TIF DEBT form in compliance with 384.16( 1) (w,nly&d v) 3 LL O V ICL cLc G D W m LWL a Q LL M r O N O M W W G W Q W LL) h LLJ !� wR (D O WIYJ V;O I() Y7 YJjLLJ n;rl "- C) 0 ":V' (O h —, <t CA 4Jj(`) M M U 11- Ll IM Qi4 W w V V N 0 ( w (OY7 w M u) 00 v N J Q t[) N tC) N n lj O; [h tt) � Mid O V M j In O. 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E V d r- to X O p O b oMo Y O O N �i O M O O o O 00 O °o ^ g M g Vf M N N .n a {op n arc ppM4 p4 c U r N tG LL ryry G S Y O � O L a LU a m O C mM w o �, ao is n- v v o - 1 � `S .ENV } U- h � OO Q aD O O OO M OO N Of M aD � t-- t0 i0 �O aG yMj N Q N II - O 0 r r >" LL 0 O d N + O LL m M aD O pM oyp O N O �Mp N O M m O in M O iLL M W c ' N + a O _ q C LL O �p ^ iD h h N O� aD � W l� O M CO t0 N N O M W N N O h N O t0 Q N 1� V O r M A V M1 I� M C N c 7 Y d O U a « 0 0 c d qm v E z � � IL d f i l l 8 8CD o 8 8 8 8 8 8 pp O p3 S8 N O N p8 O p8 N N 88 N N p8 N N S Rf N O N N pf O tOy p� IF CITY OF Iowa City The Total Outstanding TIF Indebtedness Is not used to determine the constitutional debt limit. Indebtedness as defined in Iowa Code Section 384.16, subsection 1, Includes any TIF- financed agreement including all remaining payments for any annual appropriation agreements. Include the TOTAL amount for all remaining years of the agreement. Use best estimates for any agreement where the actual amount for future years is not known. Include the total amount of outstanding loans, advances, indebtedness, or bonds outstanding, including Interest, at the close of themost recently ended Fiscal year through the remaining term of the Indebtedness, which will be paid from TIF revenues. TOTAL OUTSTANDING TIF INDEBTEDNESS INCLUDING INTEREST OWED ACTUAL 2011 PRINCIPAL on All Bonds Paid with TIF Revenues Including interest to term 8,143,84 TIF Non -Bond Loans & Debt - Owed to Other Entities Southgate Development Co. Self- Financed or Internal Loan TIF Debt 129,725 Tax Rebatements & Other Agreements Paid with TIF Revenues 647,07 TOTAL OUTSTANDING TIF INDEBTEDNESS 8,790,92 TIF Revenues are those moneys paid into the Special Fund created in section 403.19. DO NOT Include bond payments made with a Debt Service levy on property Include ONLY debt that is to be repaid from future Tax Increment Financing revenues. All debt and interest should only be listed once. Include principal and Interest to term in all amounts. Click to view He/n with RPhatac THE DATA BELOW NO LONGER CARRIES TO A "REBATES" LINE OF THE RE -EXP P2 & EXP P2 FORMS REBATES OR PAYMENTS TO ENTITIES FROM TAXES FUNDED BY TIF ENTITY NAME (Rebates DO NOT include bonds, SRF, project names, etc. See Help page for definition cnrrA BUDGET 2013 I INC-car !RE-ESTIMATEC 2012 uric ACTUAL 2011 1 Southgate Development Co. 127,592 129,725 130,853 2 Gerry Ambrose 36,964 34,356 4 34,654 3 Mercer 0 0 27,499 a ALPLA 147,060 126,834 127,937 5 United Natural Foods, Inc. 0 0 33,098 6 Marc Moen 0250,000 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL Rebates or Payments to Entities 1 The iotal Rebates or avmen s annPars nn tha vna I Igoe Pn D C.4 3 - 11,6161 540,915 354,041 a . - V. V - & w V r c, UIIUaI IIIV %,UIIllnunny a r-con veveiopment vrogran M-�a 1-1 Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5030 RESOLUTION NO. 12 -103 RESOLUTION ESTABLISHING FEES FOR BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -39. WHEREAS, Resolution No. 09 -39 adopts the "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division;" WHEREAS, to better serve citizens, architects and developers, an electronic web -based plan and document submission, review and approval process is being implemented to streamline this regulatory process; WHEREAS, a new "Electronic Plan and Document Fee" fee should be adopted to reflect the cost to provide this enhanced service; and WHEREAS, the City. Council finds that the "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division," which is attached and incorporated herein, is based on the actual administrative costs incurred and should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached "Permit, Plan Review, Inspection and Licensing Fees for Iowa City Building Inspection Division" is adopted. Resolution No. 09 -39 is rescinded. Passed and approved this 6th day,of March , 2012. MAYOR Approved by ATTEST:_ 01TftLERK City Attorney's Office Resolution No. 12 -103 Page 2 It was moved by Mims and seconded by D; kens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens _ x Dobyns x Hayek x Mims _ x Payne x Throgmorton PERMIT, PLAN REVIEW, INSPECTION AND LICENSING FEES FOR IOWA CITY BUILDING INSPECTION DIVISION (Res. No. 12- effective March 6, 2012) BUILDING PERMIT FEES Total Valuation Fee $1.00 to $1,000 $35.00 $1,001 to $2,000 $42.00 for the first $1,000 plus $3.60 for each additional $100.00 or fraction thereof, to and including $2,000. $2,001 to $25,000 $72.00 for the first $2,000 plus $10.80 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001 to $100,000 $324.00 for the first $25,000 plus $6 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 to $500,000 $792.00 for the first $100,000 plus $4.80 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 and up $2,796.00 for the first $500,000 plus $3.60 for each additional $1,000 or fraction thereof. PLAN REVIEW FEES 1. Dwellings permitted under the International Residential Code ( /RC): The plan review fee shall be designated as one -half of the building permit fee. 2. All other projects requiring plan review. The plan review fee shall be a separate additional fee equal to 65% of the building permit fee. 3. Additional plan review required by changes, additions or revisions to approved plans: (minimum charge - one hour) ......... : ........................................................ $50.00 per hour DEMOLITION PERMIT FEES 1. For a permit issued prior to the commencement of any demolition work ................ $50.00 2. For a permit issued subsequent to the commencement of any demolition work on an officially designated Historic Building or any building within a historic preservation or conservation district ........................... $1,000.00 3. For a permit issued subsequent to the commencement of any demolition work on any other building ..................................................... ........................'...... $200.00 2 GRADING PERMIT FEES 1. Minimum fee for the issuance of any Permit ............................ ............................... $35.00 2. For review of grading plans ..................................................... ............................... $50.00 (minimum charge - one hour) per hour MAJOR SITE PLAN REVIEW FEE ................................... ............................... $250.00 CERTIFICATE OF OCCUPANCY (C.O.) 1. For the issuance of a C.O. in conjunction with a building permit ....................... No charge 2. For the issuance of a C.O. in conjunction with a change in use .............................. $35.00 3. For the issuance of a temporary C. O ....................................... ............................... $50.00 MECHANICAL PERMIT FEE Minimumfee for any permit ................................................................. ............................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) ............................... $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) ............................ $50.00 Non - Residential Fee Schedule • Value of work from $1 -11, 000 ............................ ............................... ......................... $35.00 • Each additional $1,000 or fraction thereof ............ ............................... .........................$15.00 ELECTRICAL PERMIT FEES Minimumfee for any permit ................................................................. ............................... $35.00 Residential Fee Schedule. 1. New residential permitted under the IRC (each dwelling unit) ............................... $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) A. New service and associated wiring ..................................... ............................... $50.00 B. Rewiring or additional wiring with no service change .......... ............................... $50.00 3. Swimming pool ........................................................................ ............................... $50.00 Non - Residential Fee Schedule • Value of work from $1 - $1,000 ..................................................... .............:................. $35.00 • Each additional $1,000 or fraction thereof ..................................... ............................... $15.00 3 PLUMBING PERMIT FEES Minimum fee for any permit ................................................................. ............................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) ............................... $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) ............................ $50.00 3. Building sewer and /or water service ........................................ ........................ ........ $50.00 Non - Residential Installations: • value of plumbing work $1 - $1, 000 ...................... ............................... .........................$35.00 • each additional $1,000 or fraction thereof ..................................... ............................... $15.00 SIGN PERMIT FEES 1. Minimum fee for any permit ..................................................... ............................... $50.00 2. For each square foot of sign face .............................................. ............................... $1.00 3. Maximum fee for a special event sign ...................................... ............................... $50.00 LICENSING AND RENEWAL FEES Examination fees shall be paid to the testing agency in accordance with their fee schedules. . Annual Application Renewal Reinstatement License Fee Fee Fee Master Electrician or Plumber $25.00 $50.00 $65.00 Journeyman Electrician or Plumber $25.00. $50.00 $65.00 Maintenance Electrician $25.00 $50.00 $65.00 Sewer & Water Installer $25.00 $50.00 $65.00 Inactive Electrician or Plumber 0.00 $15.00 $25.00 Fire Alarm Installer $25.00 $50.00 $65.00 Fire Sprinkler Installer $25.00 $50.00 $65.00 Fire Sprinkler Contractor $25.00 $50.00 $65.00 Sign Erector $50.00 $50.00 $65.00 Gas Pipe Installer $25.00 $50.00 $50.00 HVAC Master $25.00 $50.00 $65.00 HVAC Residential $25.00 $50.00 $65.00 Commercial Kitchen Hood $25.00 $50.00 $65.00 Ducted Air Heating /Cooling Installer $25.00 $50.00 $65.00 Examination fees shall be paid to the testing agency in accordance with their fee schedules. . 4 BUILDING MOVING LICENSE & PERMIT FEES Movers License for one(l)week ................$35.00 one (1) month ...............$50.00 six (6) months .............$100.00 one(l)year .................$130.00 Moving Permit for any building .........................$85.00 TEMPORARY USE PERMIT FEES 1. Initial Temporary Use Permit ... ............................... $75.00 2. Subsequent Temporary Use Permits ..................... $25.00 (permits issued to the same applicant for the same use at the same location within one year of the expiration of the original permit.) OTHER FEES 1. Re- inspection fee ................. ............................... $50.00 2. Inspection outside of normal business hours.......... $50.00 (Minimum Charge -2 hours) 3. Permits or inspections for which no fee is specified $35.00 4. Administrative Fee for weed mowing or snow removal $75.00 5. Foundation Permits ................. ............................... $75.00 (Allowed only for structures built under the IRC. This fee is separate from and in addition to all other permit fees associated with the project. This permit is to be issued within 24 hours of receiving the application.) 6. Condominium conversion ........ ............................... $200.00 7. Minor Modification ................. ............................... $100.00 8. Board of Appeals ................. ............................... $100.00 9. AbandonedNacant Building Registration: ................. ............................... $50.00 Annual Inspection ............... ............................... $80.00 10. Electronic Plan and Document Fee ...................... $28.00 (effective upon availability of electronic plan and document submittal service) City of Iowa City departments are exempt from all permit fees. All other governmental agencies are exempt from the permit fees required herein; provided, however, the agencies shall pay plan review fees, inspection fees, and any other actual costs incurred by the City of Iowa City. Hisblg /feeschedulel2.doc 2/23/12 r CITY OF IOWA CITY M 11�1 �7 MEMORANDU Date: February 27, 2012 To: Tom Markus, City Manager From: Doug Boothroy, Director Housing & Inspectoo rvices Stan Laverman, Senior Housing Inspector Re: 2013 Budget and Proposed Fee Increase Introduction: For FY2013 the Housing Inspection Division has recommended increasing the rental permit fee by roughly 5% for single family and duplexes and 6% for multi - family units. History/Background: The last rental permit fee increase went into effect July 1St, 2009. Fees were increased by 19.5% in an effort to have the Housing Inspection Division 80% self- funded by rental permit fees. Due to staff turn -over and retirements the Housing Division has been nearly self- funded from July 2009 to date. In an effort to make the Housing & Inspection Department self- funded as a whole there is a need to cover an additional $45,000 in administrative cost. Discussion of Solutions: Since January 1St, 2009 there has been an 8.5% increase in rental permits. We forecast an additional 2.5 % growth in the program for FY2013. While current staff is able to handle the inspection load, a decrease in staffing would limit our ability to inspect all rental properties on a two year cycle and decrease our response time for nuisance property complaints. As such a decrease in staff would not be recommended. With the proposed fee increase we project that the Housing Division would remain self- funded over the next 4 years and cover the additional Housing & Inspection Services administrative cost. This fee increase is consistent with what was approved in the FY2013 budget. Financial Impact: MONTHLY PER UNIT IMPACT OF FEE INCREASE • For a typical 12 plex, the fee increase would raise costs by $ .11 cents a month on a per unit basis. • For a typical 3 bedroom single family home, the fee increase would raise costs by $.42 cents a month. Recommendation: Approve rental permit fee increase which would change the current rental permit fee schedule from: $150 per structure, $17 per dwelling, & $7 per bedroom to: $157 per structure, $17 per dwelling, & $8 per bedroom. AA 45 18 Prepared by Stan Laverman, Housing and Inspection Services, Senior Housing Inspector, City of Iowa City, 356 -5135 RESOLUTION NO. i 2 -i o4 RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -40. WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple dwellings, fraternity /sorority houses, rooming houses, duplexes, and single - family rental dwellings; and WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such activities; and WHEREAS, Resolution No. 09 -40 is the current fee schedule; and WHEREAS, the inspection fees should be increased to reflect the present administrative costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The fees for rental permits and reinspections as part of the Iowa City Housing Code are as follows: $ 157.00 per structure $ 17.00 per dwelling unit $ 8.00 per bedroom $ 60.00 re- inspection fee $ 50.00 "No Show for Inspection" fee $ 100.00 Fraternity /Sorority fire- safety inspection fee 2. Resolution No. 09 -40 is rescinded. 3. This resolution is effective June 1, 2012. Passed and approved this 6th day of March , 2012 ATTEST: CITY ERK MAYOR Ap oved by: City Attorney's Office Resolution No. 12 -104 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x Dobyns Y_ Hayek x Mims x_ Payne x Throgmorton Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 12 -105 RESOLUTION APPROVING FUNDING FOR KATY L.L.0 DBA TRUMPET BLOSSOM CAFE FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2011- 2015 Consolidated Plan (CITY STEPS), as amended, as well as the FY12 Annual Action Plan, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Trumpet Blossom Cafe be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven -year (7 year) amortized loan with an interest rate of 0 %; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project as the business will create six full time equivalent positions, of which 51 % will be held by or available to low -to- moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Katy L.L.0 DBA Trumpet Blossom Cafe for activities in connection with this allocation of public funds. Passed and approved this 6th day of March '2012. ATTEST: ell� IT ERK Aa& MAYOR Approved by City Attorney's Office a 3 A V Resolution No. 12 -105 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens X Dobyns x Hayek x Mims x Payne X Throgmorton Glossary/RESOLUTIOWIC.doc � r CITY OF IOWA CITY 03 -06 -12 MEMORANDUM = Date: February 22, 2012 To: Tom Markus, City Manager From: Jeff Davidson, Planning & Community Development Director Re: CDBG Economic Development Funding Recommendation Katy L.L.C. DBA Trumpet Blossom Cafe Introduction: The City Council annually allocates Community Development Block Grant Funds from the U.S. Department of Housing and Urban Development for eligible economic development activities including financial assistance to micro - enterprises or small businesses. Katy Meyer, former co- owner of the Red Avocado, requests financial assistance for working capital to open a new vegan restaurant named Trumpet Blossom Cafe. History /Background: The Red Avocado went out of business this winter when the property owner sold the building to a developer to redevelop the property. Former co- owner, Katy Meyer, plans to open a new vegan restaurant in April at 310 E. Prentiss St. in Iowa City. The restaurant will offer familiar vegan food and also provide catering services. The new location will have additional seating and a small amount of non -food retail products available for purchase. The products will be in line with the emphasis of the restaurant — local, seasonal, hand -made, health- conscious and sustainable. The restaurant will host musicians, performers and lecturers on a weekly basis to provide entertainment and /or information that enhance the dining experience. The business qualifies under the Community Development Block Grant program as the business will create six full time equivalent jobs where 51% of the positions will be held by or made available to low -to- moderate income residents. The owner of the business also qualifies as low -to- moderate income. Discussion of Solution: Applicant secured an $117,000 commercial loan from MidWestOne that is contingent upon a CDBG award from the City. The owner will contribute $18,000 to be used to purchase assets for the business. CDBG assistance is requested to provide sufficient working capital during the start-up months. Recommendation: The Council Economic Development Committee recommended a $35,000 loan at 0% interest for a maximum term of 7 years. The loan will be partially secured by a lien on the owner's personal vehicle and a lien on all business assets. These terms reduce the City's risk and are in line with what the City has provided to similar applicants in this program. Due to the quality of the business plan, prior experience in the restaurant industry and a history of paying loan obligations, the committee recommended funding this business even though the loan will not be fully secured. Funding Source: Approved under the FY12 budget — CDBG Economic Development Fund. I ��•�,;. ®4 CITY OF IOWA CITY Ott MEMORANDUM Date: March 1, 2012 s2i 0 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Engineering consulting services for the Lower City Park -Park Improvement project. Introduction: This resolution will establish acceptance to begin the design and development of the Normandy Drive Restoration Area, known as the Lower City Park Improvement Area. History /Background: The Normandy Drive area highly impacted by the flood of 2008 has been bought out in several areas of the neighborhood. The Parks and Recreation Department will acquire this property as park land and natural area. This project will be a two phase project to redevelop the area into a natural landscape and trail system as an extension of the existing Lower City Park area. Discussion of Solutions: Approve the project to start the redevelopment of the area or postpone the project until a later date or do not complete the project leaving the area in its unnatural state. Financial Impact: The anticipated cost for this phase of the project is $409,050 and has been approved in the CIP budget project 4178 - Normandy Drive Restoration Project. Using GO Bond monies. Recommendation: Approve the resolution to finish the park for the betterment of the citizens of Iowa City. Prepared by: Michael Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5210 RESOLUTION NO 12 -106 W. � o 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 ABUNDANT PLAYSCAPES, INC., OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE LOWER CITY PARK — PARK IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to procure the services of a consulting firm to prepare a detailed master plan for the Lower City Park -Park Improvement Project, which includes developing construction details, bid specifications, and overseeing the implementation for Phase 1 of the project, and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Abundant Playscapes Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said consultant agreement with Abundant Playscapes Inc. for said services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto and incorporated herein is in the public interest, and is 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 6th day of March ATTEST:2 ?�� 45l, CIT LERK w MAYOR 2012. Ap ve'-Dy i CityA rney's(Q I • a- _!Z It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion _X Dickens _X Dobyns X Hayek x Mims Payne X Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6 /A day of March, 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Abundant Playscapes, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City seeks to retain the Consultant to create a detailed master plan for Lower City Park — Park Improvement Project, develop construction details, bid specifications, and oversee the implementation for Phase I of the project. 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. SCOPE OF SERVICES The Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Please note: The Consultant will assume the existing conditions of the expanded Lower City Park properties shall be in compliance with all FEMA regulations for the razing of all structures, removal of all debris, grading & drainage, and soil conditions. Any mitigation work, materials, supplies, fees and project management services to bring existing conditions into FEMA compliance are outside the scope of services provided by the Consultant. PHASE I — LOWER CITY PARK IMPROVEMENTS PROJECT DELIVERABLES Part I. Preliminary Schematic Design A. Kick -off Meeting: The Consultant shall participate in a neighborhood kick -off meeting to tour the neighborhood with the City and neighborhood residents to identify the needs for improvements. B. Neighborhood Assessment: From the kick -off Meeting, the Consultant will formulate an assessment of needs and work with the City to identify the types of project improvements. C. Resident Input Group Meetings: The Consultant shall participate in resident group meetings to further refine the needs for the purpose of developing an initial schematic design. D. Schematic Design Draft: The Consultant shall create a schematic design draft layout identifying the scope of projects and general location of the improvements. E. City and Neighborhood Review: The Consultant shall present the Schematic Design Draft to the City and neighborhood for further input and review. F. Schematic Design Revisions: Based upon the comments from the City and neighborhood, the Consultant shall revise and refine the schematic design to meet the needs of the parties involved. Part II. Conceptual Master Plan A. Create Base Map of Existing Conditions: The Consultant shall obtain an electronic base map from the City and perform site reconnaissance to generate a map of existing conditions to, as accurately as possible, reflect the current conditions of the areas for improvement. B. Develop Initial Conceptual Master Plan: From information gathered from the City, neighborhood residents, and site analysis, the Consultant shall generate a conceptual master plan identifying all the improvement projects, location of the improvements and provide initial budget information & images to communicate the deliverables. C. City and Neighborhood Review: The Consultant shall produce a presentation drawing for the City and neighborhood to provide final review comments of the conceptual master plan. D. Revise and Finalize Conceptual Master Plan: Based upon comments and review from the City and neighborhood, the Consultant shall make final revisions to the conceptual master plan. The final conceptual master plan shall comply with all City Codes and any applicable FEMA regulations for all improvement projects. E. Develop Initial Budget, Bid and Construction Schedule: The Consultant shall generate a working budget for all the scheduled Lower City Park improvements and identify the items to be included in a formal bid process. The Consultant shall also provide a construction schedule identifying the timing of the improvements to fit within the budget of the project over the time frame allowed by the City to complete the improvement projects. F. Community and City Approval: The Consultant shall present the final Conceptual Master Plan, project budget and construction schedule for approval from the City to proceed to the construction & implementation phases. The Consultant, upon City approval, shall make the information available to the neighborhood and community. Part III. Construction Details, Bid Specifications and Procurement Process A. Develop Detailed Plans, Construction Drawings and Details for the Approved Improvement Projects for Phase I: The Consultant shall develop all appropriate construction drawings, construction specifications, details and materials lists for all the improvement projects identified as part of the final City approval. Identified Phase I improvement projects include; Lower City Park Parking Lot Expansion, Development of the Widening and Expansion of the Normandy Drive /Iowa River Corridor Trail, Development of the White House (820 W. Park Road) Residence Parking Lot and Entry Drive, and Development of the Lower City Park Permeable Accessible Trail System. Demolition Plans and Grading & Water Plans shall be produced where applicable in the construction drawing package. The Consultant shall apply the appropriate Guidelines, Standards, Laws and Codes for each project improvement. The Consultant shall also provide a portion of the proposed Landscape Transformation project, slated for Phase ll, as an add - alternate to the bid specifications for Phase I of the project. The Consultant shall work closely with the City to determine which tasks to include of the Landscape Transformation for Phase I. B. Phase I Bid Specification Book: The Consultant shall provide Bid Specification Books for the Phase I improvement projects listed above for the purpose of soliciting bids and securing a general contractor. 3 C. Facilitate Bid Process, Opening, Bid Tab and Recommendation of General Contractor(s): The Consultant shall act as a coordinator on behalf of the City to facilitate the bid and procurement process. The Consultant shall compile the appropriate information and provide a recommendation for the City to execute a contract for the Lower City Park — Park Improvement Project with a General Contractor for each phase of the improvement project. The Consultant shall review and approve all sub - contractors in the process as well. D. Meetings with City Officials: The Consultant shall meet with City Officials throughout the Construction Drawing /Construction Specification, Details, Bid and Procurement Process to ensure all objectives are met. Part IV. Implementation and Project Management A. Pre - construction Meetings: The Consultant shall conduct a pre- construction meeting prior to any staging of materials or equipment. The pre- construction meeting shall cover all park improvement projects for Phase I and include the Consultant, the general contractor, all subcontractors and appropriate City Staff to facilitate implementation of details and intent. B. Staking and Layout: The Consultant shall oversee the staking and layout of all areas for the improvement projects. The general contractor shall be responsible for the staking and layout for the parking lots, entry roads and trail improvement projects. C. Project Improvement Management and Oversight: The Consultant shall actively oversee all contractors work during Phase I including all stages of demolition, staging, construction, and planting to ensure the project is performed in accordance with the specifications. The Consultant shall provide periodic oversight on site (approx. 8 hours per week) generally divided by the day and task. It is estimated there will be 21 weeks of construction for an estimated total of 168 hours of project management and oversight. If the contractor's working days extend beyond the expected days described above, the Consultant has the opportunity to request compensation from the City for additional services, which shall be done in writing prior to performing any such services. The purpose of such construction management and oversight is to insure the construction and implementation of the Project Improvements is performed according to the project's plans and specifications. D. Reporting and Sign -offs: The Consultant shall provide timely reports to the City identifying the progress of each phase and task of the project improvements. If the Consultant observes work being done that does not comply with said plans and specifications, the Consultant shall notify the City immediately and advise the contractor of the same. E. Neighborhood Correspondence: At the City's request, if necessary, the Consultant shall keep a line of communication open to the neighborhood to periodically report on progress of the project improvements. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Please see attached Project Schedule. 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. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Contract, and nothing contained in this Agreement is intended to, or shall be construed as, creating or establishing the relationship of employer /employee between the parties. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Consultant is an independent Contractor. 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. 5 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. 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. Professional Fee: The Consultant shall be compensated for the Phase I services provided on a lump sum basis. The total Phase I fees for these services shall be a lump sum of $44,257 (see attached schedule). Billing shall be done in the following manner: Part I. Preliminary Schematic Design (to be paid in full at 100% completion) $ 4,480 Part II. Conceptual Master Plan (1/2 of total to be paid upon completion of revised conceptual master plan, 1/2 due upon Part II completion) $ 7,975 Part III. Construction Details, Bid Specifications and Procurement Process (1/3 due upon 35 %completion of construction documents, 1/3 due upon final specifications & construction documents submission, 1/3 due upon execution of Phase I contract with general contractor) $15,002 Part IV. Implementation and Project Management (1/4 due upon completion of pre- construction meeting, 1/2 due upon 50% completion of Phase I implementation, 1/4 due upon completion and approval of Phase I implementation) $16,800 6 Total Compensation for Services in Phase I V. MISCELLANEOUS $44,257 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 FOR THE CONSULTA By: � n By: Antonio Malkusak Matthew J. Hayek' Title: Mayor Title: President/Landscape Architect Date: march 6. 2012 Date: February 3, 2012 ATTEST: )�� '4-'j �ad k . City Clerk J � r Date: — Lower City Park Phase I Consultant Agreement she edits.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of March, 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Abundant Playscapes, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City seeks to retain the Consultant to create a detailed master plan for Lower City Par —Park Improvement Project, develop construction details, bid specifications, and oversee t implementation for Phase I of the project. NOW THERE RE, it is agreed by and between the parties hereto that the Ci /does now contract with the sultant to provide services as set forth herein. SCOPE OF The Consultant agrees to peffprm the following services for the City, anyYto do so in a timely and satisfactory manner. Please note: The Consultant will a ume the existing conditions the expanded Lower City Park properties shall be in compliance ith all FEMA regulations r the razing of all structures, removal of all debris, grading & drainag and soil conditions. ny mitigation work,. materials, supplies, fees and project management ervices to brin existing conditions into FEMA compliance are outside the scope of services vided by th onsultant. PHASE I — LOWER CITY PARK IMPROVEMENTS`RROJOCT DELIVERABLES Part I. Preliminary Schematic Design A. Kick -off Meeting: The Consultant shall parti pate in a eighborhood kick -off meeting to tour the neighborhood with the City and ne' hborhood re ' ents to identify the needs for improvements. B. Neighborhood Assessment: From the ick -off Meeting, the Constant will formulate an assessment of needs and work ith the City to identify th types of project improvements. C. Resident Input Group Meetings: The Consultant shall participate i resident group meetings to further refine the n ds for the purpose of developing an initial schematic design. D. Schematic Design Draft: The Consultant shall create a schematic design draft layout identifying the scope of proje s and general location of the improvements. E. City and Neighborhood R iew: The Consultant shall present the Schematic Design Draft to the City and neigh rhood for further input and review. F. Schematic Design Rev' ions: Based upon the comments from the City and neighborhood, the Cons tant shall revise and refine the schematic design to meet the needs of the parties invo ed. 2 Part II. Conceptual Master Plan A. Create Base Map of Existing Conditions: The Consultant shall obtain an electronic base map from the City and perform site reconnaissance to generate a map of existing conditions to, as accurately as possible, reflect the current conditions of the areas for improvement. B. Develop Initial Conceptual Master Plan: From information gathered from the City, neighborhood residents, and site a ' , -t nsultant shall generate a conceptual master plan identifying all the i rovement projec location of the improvements and provide initial budget informat' n & images to commu icate the deliverables. C. City and Neighborhood Revi w: The Consultant shall roduce a presentation drawing for the City and neighborhood o provide final review c mments of the conceptual master plan. D. Revise and Finalize Concepryal Master Plan: B ed upon comments and review from the City and neighborhood, t Consultant shall make final revisions to the conceptual master plan. The final concept al master plan all comply with all City Codes and any applicable FEMA regulations fo all improvem t projects. E. Develop Initial Budget, Bid and r working budget for all the sched I items to be included in a formal construction schedule identifying thi of the project over the time frame projects. Schedule: The Consultant shall generate a !r City Park improvements and identify the :ess. The Consultant shall also provide a of the improvements to fit within the budget by the City to complete the improvement F. Community and City Approval: Th Con ultant shall present the final Conceptual Master Plan, project budget and constru pion sc edule for approval from the City to proceed to the construction & implements on phase X. The Consultant, upon City approval, shall make the information available o the neighbprhood and community. A. Develop Detailed Plan Construction Dra gs and Details for the Approved Improvement Projects r Phase I: The Con Itant shall develop all appropriate construction /and ings, onstruction specifications, etails and materials lists for all the improvemenects dentified as part of the fin City approval. Identified Phase I improvemenct include; Lower City Park Parki Lot Expansion, Development of the Widenind Expansion of the Normandy ive /Iowa River Corridor Trail, Developmen hite House (820 W. Park Road) R sidence Parking Lot and Entry Drive, and D ment of the Lower City Park Perme le Accessible Trail System. Demolition Pnd Grading & Water Plans shall be prod ed where applicable in the construction ing package. The Consultant shall apply t appropriate Guidelines, Standards, Land Codes for each project improvement. T Consultant shall also provide a pof the proposed Landscape Transformation proj t, slated for Phase II, as an add -ale to the bid specifications for Phase I of the project. The Consultant shall work cl with the City to determine which tasks to include 'of the Landscape Transformation for Phase I. B. Phase I Bid Specification Book: The Consultant shall provide Bid Specification Books for the Phase I improvement projects listed above for the purpose of soliciting bids and securing a general contractor. 1,01") C. Facilitate Bid Process, Opening, Bid Tab and Recommendation of General Contractor(s): The Consultant shall act as a coordinator on behalf of the City to facilitate the bid and procurement process. The Consultant shall compile the appropriate information and provide a recommendation for the City to execute a contract for the Lower City Park — Park Improvement Project with a General Contractor for each phase of the improvement project. The Co ant shall revie d approve all sub - contractors in the process as well. D. Meetings with City Officialsit. he Consultant shall meet with CO Officials throughout the Construction Drawing /Consction Specification, Details, Bid nd Procurement Process to ensure all objectives are A. Pre - construction Meetings: T Consultant shall cond t a pre- construction meeting prior to any staging of material or equipment. The pre onstruction meeting shall cover all park improvement projects or Phase I and inc de the Consultant, the general contractor, all subcontractors an appropriate City taff to facilitate implementation of details and intent. B. Staking and Layout: The Consultan shall overs a the staking and layout of all areas for the improvement projects. The gen ral contr ct shall be responsible for the staking and layout for the parking lots, entry ads a trail improvement projects. C. Project Improvement Management an O ersight: The Consultant shall actively oversee all contractors work during Phase including all stages of demolition, staging, construction, and planting to ensure project is performed in accordance with the specifications. The Consultant shall rov a periodic oversight on site (approx. 8 hours per week) generally divided by the y an task. It is estimated there will be 21 weeks of construction for an estimated tots of 16$ h urs of project management and oversight. If the contractor's working days a end bey o the expected days described above, the Consultant has the oppottunit to request ompensation from the City for additional services, which shall be do in writing pn to performing any such services. The purpose of such constructio management an oversight is to insure the construction and implementation of the roject Improvement is performed according to the project's plans and specifications. D. Reporting and Sign -o The Consultant shall rovide timely reports to the City identifying the progre of each phase and task o the project improvements. If the Consultant observes work being done that does t comply with said plans and specifications, the C nsultant shall notify the City imme iately and advise the contractor of the same. 1 E. Neighborhood C�n spondence: At the City's request, if ne ssary, the Consultant shall keep a line of /communication open to the neighborhood to periodically report on progress of th% �project improvements. II. TIME OF WMPL T E ION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Please see attached Project Schedule. 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 againsttatus, y indivi I in terms, conditions, or privileges of employment because heir race, olor, religion, sex, national origin, disability, age, marital gender i ntity, or sexual orientation. B. Should the City terminate thi Agreement, thl Consultant shall be paid for all work and services performed u to the time of termination. However, such sums shall not be greater than the "I mp sum" amopnt listed in Section IV. The City may terminate this Agreement u on seven (7) alendar days' written notice to the Consultant. C. This Agreement shall be binding u on the ccessors and assigns of the parties hereto, provided that no assignme t shat be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the r ntion of the Consultant by the City for the purpose of the Project shall be as n independent contractor, and shall be exclusive, but the Consultant shall a the right to employ such assistance as may be required for the performa e o the Project. The Consultant shall at all times remain an independent ntract r with respect to the services to be performed under this is and no hing contained in this Agreement is intended to, or shall be constr - as, cre ting or establishing the relationship of employer /employee between a parties. a City shall be exempt from payment of all Unemployment Co pensation, FI retirement, life and /or medical insurance and Workers' ompensation In rance, as the Consultant is an independent Contractor. E. It is agreed by the City hat all records and files ertaining to information needed by the Consultant for a project shall be availab by said City upon reasonable request to the Cons tant. The City agrees to furni all reasonable assistance in the use of these re rds and files. F. It is further agre d that no Party to this Agreement sh I perform contrary to any state, federal, of local law or any of the ordinances of the ity of Iowa City, Iowa. G. At the reque t of the City, the Consultant shall attend eetings of the City Council re la ve to the work set forth in this Agreement. Any equests made by the City s II be given with reasonable notice to the Con Itant to assure attendance `. H. The Consuhtant 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. F1 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. 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 co ete th Project in accordance with this Agreement. K. Should any section of this remaining portion shall be continue in full force and effe L. Original contract drawings shall be allowed to keep rr use. M. Fees paid for securing will be paid by the City. t be founj invalid, it is agreed that the severable from the invalid portion and I become the pro#erty of the City. The Consultant reproducible co Vies for the Consultant's own filing of authorities having jurisdiction over the Project N. Upon signing this agreement, C nsult# acknowledged that Section 362.5 of the Iowa Code prohibits a City o er employee from having an interest in a contract with the City, and certysin at no employee or officer of the City, which includes members'of the City and City boards and commissions, has an interest, either direct or indirecis agreement, that does not fall within the exceptions to said statutory pro enumerated in Section 362.5. O. The Consultant agrees at maintain professional liabi . Consultant's negligent t: $1,000,000. IV. COMPENSATION FOR II timel material to this Agreement to have and insurarYVe covering the Consultant's liability for the errors And omissions to the City in the sum of A. Professional Fee: he Consultant shall b compensated for the Phase I services provided on a lu p sum basis. The total ase I fees for these services shall be a lump sum o $44,257 (see attached sc dule). Billing shall be done in the following ma er: Part I. Preliminary Schem tic Design (to be paid in full at 100 completion) $ 4,480 Part II. Conceptual Mayer Plan (1/2 of total to be paid upon clpmpletion of revised conceptual master plan, 1/2 due u on Part II completion) \ $ 7,975 Part III. Constructio Details, Bid Specifications and Procurem t Process (1/3 due upon 35 %completion of onstruction documents, 1/3 due upon final sp cifications & construction documents submis on, 1/3 due upon execution of Phase I contract wi general contractor) $15,002 Part IV. lmplement on and Project Management (1/4 due upon compl\du f pre- construction meeting, 1/2 due upon 50% completion of Phase I implementation, 1/.,upon c ompletion and approval of Phase I implementation) $16.800 6 Total Compensation for Services in Phase 1 $44,257 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 a no other con 'derations or monies contingent upon or resulting from the execution of this A reement, that it is the entire Agreement, and that no of r monies or considera ions have been solicited. FOR THE CITY FOR THE C NSULTA By: By: Antoni Malkusak Title: Title: Pr ident/Landsca a Architect Date: ATTEST: ity Lower City Park Phase I Consultant Agreement she 0 - a,-/-12.-