HomeMy WebLinkAbout2013-04-09 Resolution615 "r-mr-fr-
4d(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -87
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY, IOWA.
WHEREAS, December 14, 2011, the owner executed a Mortgage with the City of Iowa
City to secure a FY12 HOME Investment Partnership loan to purchase 316 4th Avenue;
and
WHEREAS, the owner sold 316 4th Avenue and the new owners have signed a
recapture agreement for the HOME Investment Partnership funds ; and
WHEREAS, a Mortgage securing the recapture agreement has been executed with the
new owner of the lot; and
WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 316 4th Avenue from a Mortgage recorded December 19, 2011, Book 4846,
Page 652 through Page 656 of the Johnson County Recorder's Office.
Passed and approved this 9th day of April 12013
Al
MAYOR
Approved by
ATTEST:
CI LERK City Attorney's Office
Resolution No.
Page 2
13 -87
It was moved by Dobyns and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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): Iowa Valley Habitat for Humanity
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the following property located at 316 4th Avenue,
Iowa City, Iowa, and legally described as follows:
Lot 4 in the Plat of Survey in the Southeast Quarter of the Southeast Quarter of Section
11, Township 79 North, Range 6 West of the 5th P.M., according to the plat thereof
recorded in Plat Book 4, Page 161, Plat Records of Johnson County, Iowa,
from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City
represented by a Mortgage recorded December 19, 2011, Book 4846, Page 652 through Page
656 of the Johnson County Recorder's Office.
This obligation has been nullified and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
AV- r .
Appr ved by
3 r" -� -,3
City Attorney's Office
On this f—rvy day of APRIL- A.D. 20 -S before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bghalf of the corporation by
authority of its City Council, as contained in Resolution No. 13_81, adopted by the City Council on the 17 4-" day QP2tt ,
20 /.S_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
„�'I SONDRAE FORT Sa+na� ��O
z commission Number 159791 Notary Public in and for Johnson County, Iowa
My Commission F*06
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04 -09 -13
4d(2)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -88
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351
WINTERGREEN DRIVE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA.
WHEREAS, on August 23, 1996, the owner executed an Agreement and a Mortgage
with the City of Iowa City to secure a loan; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the liens for
the properties located at 3314 Wintergreen Drive and 1904 Hannah Jo Court, Iowa City,
Iowa from an Agreement recorded December 20, 1996, Book 2202, Page 142 through
Page 155, and a Mortgage, Book 2202, Page 156 through 160, of the Johnson County
Recorder's Office.
Passed and approved this 9th day of April , 20_13_.
MAYOR
Approved dbby�,
ATTEST: r1
CITY LERK 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
g 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): Greater Iowa City Housing Fellowship (n /k/a The Housing Fellowship)
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the following properties located in Johnson County,
Iowa City, Iowa, and legally described as follows:
Lot 13, Village Green South, Part 3A, Iowa City, Iowa, according to the plat thereof
recorded in Book 34, Page 38, Plat records of Johnson County, Iowa,
and
Lot 20, Village Green South, Part 313, Iowa City, Iowa according to the plat thereof
recorded in Book 34, Page 39, Plat Records of Johnson County, Iowa
from an obligation of the owner, Greater Iowa City Housing Fellowship (n /k /a The Housing
Fellowship), to the City of Iowa City represented by an Agreement recorded December 20,
1996, Book 2202, Page 142 through Page 155, and a Mortgage, recorded December 20, 1996,
Book 2202, Page 156 through 160 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.
MAYOR
Approved by
� 'a'�'t3
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 5 +4 day of APR//-- A.D. 20 13 , before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. 1348, adopted by the City Council on the _M day &011 -
20__L,_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
o SONDRAE FORT �`
Commission Number 159791 SaY,Anal r
My Co ission Expims Notary Public in and for Johnson County, Iowa
3 / a0/
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4d(3)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -89
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A
MORTGAGE, AND TWO AMENDMENTS FOR THE PROPERTIES LOCATED
AT 1541, 1562, AND 1664 DICKENSON LANE, IOWA CITY, IOWA.
WHEREAS, on February 12, 1998, the owner executed an Agreement and a Mortgage
with the City of Iowa City to secure a loan; and
WHEREAS, on May 11, 1999, the owner executed an Amendment to the Agreement;
and
WHEREAS, on June 12, 2009, the owner executed a Second Amendment to the
Agreement; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the liens for
the properties located at 1541, 1562, and 1664 Dickenson Lane, Iowa City, Iowa from an
Agreement recorded February 27, 1998, Book 2429, Page 203 through Page 220, and a
Mortgage, Book 2429, Page 221 through 224, an Amendment recorded June 2, 1999,
Book 2747, Page 45, and a Second Amendment recorded June 16, 2009, Book 4456,
Page 16 through Page 19, of the Johnson County Recorder's Office.
Passed and approved this 9th day of April , 20_LL_
A!��
MAYOR
Approved by
ATTEST: , c) _ �D 3
CITY LERK City Attorney's Office
Resolution No.
Page 2
13 -89
It was moved by nobyns and seconded by Tbragmarton 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): Greater Iowa City Housing Fellowship (n/k/a The Housing Fellowship)
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the following properties located in Johnson County,
Iowa City, Iowa, and legally described as follows:
Lots #86, #93, and 101, South Pointe Addition, Part 5, Iowa City, Iowa, according to
the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County,
Iowa.
from an obligation of the owner, Greater Iowa City Housing Fellowship (n /k/a The Housing
Fellowship), to the City of Iowa City represented by an Agreement recorded February 27, 1998,
Book 2429, Page 203 through Page 220, a Mortgage, Book 2429, Page 221 through 224; an
Amendment recorded June 2, 1999, Book 2747, Page 45; and a Second Amendment recorded
June 16, 2009, Book 4456, Page 16 through Page 19 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.
MAYOR
Approved by
ATTEST: `J %I G � 7C - `�C % � 3
CITY Ot-E K City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 9-fA day of Aprt a- A.D. 20j S before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. /3 -87, adopted by the City Council on the —f L4 day Arx / L_
20 1, and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
,tom SONDRAE FORT
Commission ssioner 159791 Notary Public in and for Johnson County, Iowa
3Y �0 Expires
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -90
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING THREE MORTGAGES
FOR THE PROPERTY LOCATED 935 DOVER STREET, IOWA CITY, IOWA.
WHEREAS, on April 25, 2003, the owners executed a Mortgage with the City of Iowa
City to secure a loan for Downpayment Assistance; and
WHEREAS, on December 5, 2003, the owner executed a Mortgage with the City for
housing rehabilitation; and
WHEREAS, on July 8, 2009, the owners executed another Mortgage with the City for
housing rehabilitation; and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 935 Dover Street, Iowa City, Iowa from a Mortgage recorded April 29, 2003,
Book 3532, Page 940 through Page 943; and a Mortgage recorded January 7, 2004,
Book 3685, Page 30 through Page 34; and a Mortgage recorded July 17, 2009, Book
4478, Page 696 through Page 701, of the Johnson County Recorder's Office.
Passed and approved this 9th day of April —12013
ATTEST:
CITY CLERK
Approved by
3
City Attorney's Office
,�. 3
4d(4)
Resolution No. 13 -90
Page 2
It was moved by r,nhlzng and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
x Dobyns
Hayek
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): Jessica J. Tellez and Noe Hernandez - Tellez
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 935 Dover Street, Iowa City, Iowa,
and legally described as follows:
Unit 935 of 933 -935 Dover Street Condominiums, according to the Declaration
recorded July 26, 2000, Book 2990, Page 517, in the records of Johnson county
Recorder, together with said unit's interest in the common elements.
from an obligation of the owners, Jessica Tellez and Noe Hernandez- Tellez, to the City of Iowa
City represented by a Mortgage recorded April 29, 2003, Book 3532, Page 940 through 943; a
Mortgage recorded January 7, 2004, Book 3685, Page 30 through Page 34; and a Mortgage
recorded July 17, 2009, Book 4478, Page 696 through Page 701, of the Johnson County
Recorder's Office.
This obligation has been repaid and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: 1
CITY LERK
STATE OF IOWA )
MAYOR
Approved by
3
City Attorney's Office
) SS:
JOHNSON COUNTY )
On this 9 day of APR L- A.D. 20_& , before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bppalf of the corporation by
authority of its City Council, as contained in Resolution No. 18 ::1 1 adopted by the City Council on the 4r — day ARR*14,
20 / and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
:Con' DRAE FORT Sg4Ws t�V
o Comn Number 159791 Notary Public in and for Johnson County, Iowa
Mmission Expk+es
OW
11-13 3
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -91
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY,
IOWA.
WHEREAS, on August 16, 2002, the owner executed a Mortgage with the City of Iowa
City for the Downpayment Assistance Program; and
WHEREAS, the terms of the loan have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the lien for the
property located at 2420 Bittersweet Court, Iowa City, Iowa from a Mortgage recorded
August 19, 2002, Book 3360, Page 167 through Page 170 of the Johnson County
Recorder's Office.
Passed and approved this 9th day of April -120 13
'WAS
l/ r
ATTEST: lw4i->
CITY ERK
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
_ Dobyns
_X Hayek
X Mims
g 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): Nancy J. Mason
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 2420 Bittersweet Court, Iowa City,
Iowa, and legally described as follows:
Lot 61, Walden Ridge Part 3, an Addition to the City of Iowa City, Iowa, according to
the plat thereof recorded in Book 23, Page 12, Plat Records of Johnson County, Iowa.
from an obligation of the owner, Nancy J. Mason, to the City of Iowa City represented by a
Mortgage recorded August 19, 2002, Book 3360, Page 167 through 170, 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.
LOU arly
�i Approved by
ATTEST: Aal h CS_-) -� -d V- - i
CITY CLERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
.rF
On this 4 day of APR i L A.D. 20 /3 before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on �ghalf of the corporation by
authority of its City Council, as contained in Resolution No./341 , adopted by the City Council on the 9 '7 day APR-a-
20 1� and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
kSONDRAE O Ste, -
Commission Number 159791 Notary Public in and for Johnson County, Iowa
M3 Coo7mmisssion Expires
04-09-1 r-
4d(6)
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -92
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE PARTIAL RELEASE OF AN ACCESS AND DRAINAGE EASEMENT
LOCATED ON LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION.
WHEREAS, when the City developed the North Airport Development Subdivision, it retained a 30-
foot wide access and drainage easement along the north property lines of Lots 11 -17;
WHEREAS, the owner of Lots 14 and 15 has requested that the City release the access
easement;
WHEREAS, because the land north of the North Airport Development Subdivision is being
developed such that there are existing cross access easements that provide alternatives to direct
access onto Highway 1, City staff has no objection to releasing the access easement on Lots 14
and 15;
WHERAS, the area to be released is legally described in the attached Partial Release of
Easement; and
WHEREAS, it is in the City of Iowa City's interest to execute the Partial Release of Easement
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City does hereby abandon, release, and relinquish the access easement
legally described and designated in the attached Partial Release of Easement.
2. The Mayor is authorized to sign and the City Clerk to attest to the attached Partial Release of
Easement.
3. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in
the Johnson County Recorder's Office, along with the Partial Release of Easement, said
recording cost to be paid by the owner of the subject property.
Passed and approved this 9th day of April , 2013.
MAYOR
Approved by
ATTEST: _ cl- ° 3
CI Y -ERK City Attorney's Office
Resolution loo. 13 -92
Page 2
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
Prepared by: Susan. Dulek, Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319- 356 -5030)
Return Address: City Attorney's Office, 410 E. Washington Street, Iowa City, IA 5224
Legal Description: Lots 14 and 15, North Airport Development, Iowa City, Iowa, according to the plat thereof
recorded at Plat Book 43, Page 182 with the Johnson County Recorder
PARTIAL RELEASE OF EASEMENT
The City of Iowa City does hereby release the access easement on property legally
described as Lots 14 and 15, North Airport Development, Iowa City, Iowa, according to the
plat thereof recorded at Plat Book 43, Page 182 with the Johnson County Recorder and
designated on the plat recorded on October 17, 2001 in Plat Book 32, Page 182 and in the
Water Main, Access and Utility Easement Agreement dated October 16, 2001 and
recorded on October 17, 2001 at Book 3157, Page 361 in the records of Johnson County.
Said easement was initially 50 -feet wide and was subsequently reduced to 30 -feet with the
Partial Release of Drainage Easement executed by the City of Iowa City on December 10,
2002 and recorded on December 13, 2002 in Book 3440, Page 244.
This partial release of the access easement shall not be construed as a release of the
drainage or the utility easement on the property.
Attest:_ - /��.
Marian K. Karr, City Clerk
STATE OF IOWA )
) ss'
JOHNSON COUNTY )
Matthew J. Hayek, ayor
On this 9 fb day of APai>` , 2013, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation
executing the within and foregoing instrument; that the seal affixed thereto is the seal of
said municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council; and that the said Mayor and City
Clerk as such officers acknowledged that the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
Sandra'
Notary Public in and for the State of Iowa
.tom
ESONDRAE
0 T� My Commission expires: 3 / ?Z soi5
a° Con Number 159791
ow mmisslon Expires
20/
4d(7)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -93
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO CONTRACT
AMENDMENTS AND A MORTGAGE FOR THE PROPERTY LOCATED AT
1522 DICKENSON LANE, IOWA CITY, IOWA.
WHEREAS, on August 1, 2002, the owner executed a Contract Amendment #1 and a
Contract Amendment #2 and a Mortgage with the City of Iowa City to secure a loan; and
WHEREAS, the terms have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the liens for
the property located at 1522 Dickenson Lane, Iowa City, Iowa from a Contract
Amendment #1, Contract Amendment #2, and a Mortgage recorded February 5, 2003,
Book 3474, Page 346 through Page 351, of the Johnson County Recorder's Office.
Passed and approved this 9th day of April —12013
ATTEST: � , .(
CITY LERK
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
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): Greater Iowa City Housing Fellowship (n /k/a The Housing Fellowship)
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the following properties located in Johnson County,
Iowa City, Iowa, and legally described as follows:
Lot 82, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof
recorded in Book 33, Page 312, Plat Records of Johnson County, lowal
from an obligation of the owner, Greater Iowa City Housing Fellowship (n /k/a The Housing
Fellowship), to the City of Iowa City represented by a Contract Amendment #1, Contract
Amendment #2, and a Mortgage recorded February 5, 2003, Book 3474, Page 346 through
Page 351 of the Johnson County Recorder's Office.
Contract Amendments #1 and #2 amend the Community Development Block Grant (CDBG)
Agreement executed on June 29, 2001, but said Agreement was never recorded.
This obligation has been repaid and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: had �,2
CITY CLERK
STATE OF IOWA )
Approved by
City Attorney's Office
) SS:
JOHNSON COUNTY )
On this _q .14 day of l�iPRtL A.D. 20__L5 before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on b half of th corporation by
authority of its City Council, as contained in Resolution No./-*,'? adopted by the City Council on the day 14
20�_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
"i SONDRAE FORT Serr�a�rnr b
Commisslon Number 156781 Notary Public in and for Johnson County, Iowa
My commWim EWM
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -94
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2659 GABLE STREET,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage,
executed by the owner of the property on November 5, 2009, recorded on November 12,
2009, in Book 4526, Page 134 through Page 139 in the Johnson County Recorder's
Office covering the following described real estate:
Lot 11, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded
in Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, University of Iowa Community Credit Union has financed a mortgage to the
owner of the property located at 2659 Gable Street and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
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
subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Passed and approved this 9th day of April , 20_13_.
ATTEST: ^
CITY C - RK
A
MAYOR
Approve4 by
d I
City Attorney's Office
Resolution No.
Page 2
13 -94
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
-- Mims
x Payne
x Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union, 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 $21,588, and was executed by Andrea S. Hager (herein the Owner), dated
November 5, 2009, recorded November 12, 2009, in Book 4526, Page 134 through Page 139,
Johnson County Recorder's Office, covering the following described real property:
Lot 11, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48,
page 132, Plat Records of Johnson County, Iowa
WHEREAS, the Financial Institution has loaned the sum of $104,000.00 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 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 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 � -r-iti day of - APRtL. , 20,L�_.
CITY OF IOWA CITY
By A��-
Mayor
Attest:
�.
City C rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
By
= cc, cv
On this -f 4 day of APKI L , 20_L'� _, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ew -;X` _ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did saf 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 (erdikaa*
(Resolution) No. 13 — 9.,L] passed (the Resolution adopted) by the City Council, under Roll Call
No. -- -- of the City Council on the � day of APA, t- , 20 13 , and
that e 2: A2 4 r- K, and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary a ttt and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT
Commission Number 159791 Scrd'w Ko'-V l
My Commisslon Expires
Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this .45 "' day of 'YY%eh_- , 20_LL , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared —atc 4cz)hr2 son , to me
personally known, who being by me duly sworn, did say that he /she is the Oa o
of ZtZC G that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said --�OO cih / U4 acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
SANDRA K. MOSSMAN
i Commission Number 194176
My Commission Expires
ow /' _ — 0/
Notary Public in and for the State of Iowa
My Commission expires: /—S—AQ / 3
■Y'J
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -95
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA.
WHEREAS, on March 26, 2008, the owner executed a Mortgage with the City of Iowa
City for the General Rehab and Improvement Program (GRIP); and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the lien for the
property located at 513 5 1 Avenue, Iowa City, Iowa from a Mortgage recorded March 28,
2008, Book 4279, Page 345 through Page 350 of the Johnson County Recorder's Office.
Passed and approved this 9th day of April 20_,a_.
MAYOR
Approved by
ATTEST:
,
CITY XERK
City Attorney's Office
It was moved by Dobyns and seconded by Throgmorton 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
4d(9)
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): Deborah E. Wollard
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 513 5th Avenue, Iowa City, Iowa, and
legally described as follows:
Commencing at a point on the westerly line of Lot Eleven (11) in Block Thirty -nine
(39) in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof,
150 feet northeasterly from the southwest corner of said Lot 11, thence southeasterly
parallel with the southerly line of Lots 11, 12, and 13 in said Block 39, to the east line
of said Lot 13, thence north along the east line of said Lot 13 to the northeast corner
thereof, thence northwesterly along the north line of Lots 13, 12, and 11 in said Block
39, 123.05 feet to the northwest corner of said Lot 11 thence southwesterly along the
westerly line of said Lot 11, 59.69 feet to the place beginning, subject to easements
and restrictions of record.
from an obligation of the owner, Deborah E. Wollard, to the City of Iowa City represented by a
Mortgage recorded March 28, 2008, Book 4279, Page 345 through 350, of the Johnson County
Recorder's Office.
This obligation has been repaid and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST:
CITY CLERK
STATE OF IOWA )
OVA . VLSI •
Approved by
City Attorney's Office
) SS:
JOHNSON COUNTY )
�A
On this 9 day of A.D. 20_ 13_, before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on �b�half of th corporation by
authority of its City Council, as contained in Resolution No,/I- adopted by the City Council on the _ p 4 day A9t / L-
20_1_5 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
SONDRAE FORT
Commission Number 159791 aw l w e 1' r 4
My Commission Expires Notary Public in and for Johnson County, Iowa
4d(10)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -96
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 115 TAFT SPEEDWAY,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and
Deed Restrictions, executed by the owners of the property on November 30, 2010,
recorded on December 2, 2010, in Book 4690, Page 394 through Page 395 in the
Johnson County Recorder's Office covering the following described real estate:
Commencing at a concrete monument with a bronze cap on or near the East line of Sec. 4,
Twp. 79 N., R. 6 West of the 5th P.M.; thence on an assumed bearing of N9 degrees 21'E. 85.4
feet to an iron pipe on the South line of Taft Speedway in Iowa City, Iowa; thence N81
degrees 41'E. 104.25 feet to an iron pipe on the South line of Taft Speedway and the place of
beginning; thence continuing N81 degrees 41' East 104.0 feet to an iron pipe on the South
line of Taft Speedway; thence S.0 degrees 25' E. 305.4 feet more or less to the left bank of
the Iowa River; thence Westerly along the left bank of the Iowa River to a point of
intersection with the following course; thence N. 0 degrees 25'W. 261.5 feet more or less to
the place of beginning.
WHEREAS, the Retention Agreement and Deed Restrictions reflects the provisions of
the state Jumpstart program, through which the owners received flood rehabilitation
assistance; and
WHEREAS, Wells Fargo Home Mortgage has financed a mortgage to the owner of the
property located at 115 Taft Speedway and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, the purpose of the financing is solely to obtain a lower interest rate, and
Wells Fargo Home Mortgage will be providing no additional funds to the owners; and
WHEREAS, Wells Fargo Home Mortgage has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Wells Fargo Home Mortgage; and
WHEREAS, the subordination will not change the City's current position, that is it will
remain in second position and inferior to the owner's primary lender.
Resolution No. 13 -96
Page . 2
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
subordination agreement between the City of Iowa City and Wells Fargo Home
Mortgage, Coralville, Iowa.
Passed and approved this 9th day of April , 203_.
u_ •;
ATTEST: 2& ZIZJ r//- `4�/
CITY CLERK
� �rovvl-,,—. 3 -d ?-- (?
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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Wells
Fargo, Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Retention Agreement and Deed
Restrictions which at this time is in the amount of $14,999.40, and was executed by Mark R.
Phelps and Elizabeth J. Phelps (herein the Owners), dated November 30. 2010, recorded
December 2. 2010, in Book 4690, Page 394 through Page 395, Johnson County Recorder's
Office, covering the following described real property:
Commencing at a concrete monument with a bronze cap on or near the East line of Sec. 4, Twp. 79 N.,
R. 6 West of the 5th P.M.; thence on an assumed bearing of N9 degrees 21'E. 85.4 feet to an iron pipe on
the South line of Taft Speedway in Iowa City, Iowa; thence N81 degrees 41'E. 104.25 feet to. an iron pipe
on the South line of Taft Speedway and the place of beginning; thence continuing N81 degrees 41' East
104.0 feet to an iron pipe on the South line of Taft Speedway; thence S.0 degrees 25' E. 305.4 feet more
or less to the left bank of the Iowa River; thence Westerly along the left bank of the Iowa River to a point
of intersection with the following course; thence N. 0 degrees 25'W. 261.5 feet more or less to the place
of beginning.
WHEREAS, the Financial Institution has loaned the sum of $228,000.00 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
Retention Agreement and Deed Restrictions 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 Retention Agreement and Deed Restrictions 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 Retention Agreement and Deed Restrictions 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.
f6
Dated this 9 day of Ago 2 i L , 20 /3
CITY OF IOWA CITY
Attest:
City Clercly
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
On this 9 day of APRs L , 20 /3 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared /%k &, V.' a.,e-k and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say hat 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 (E)Fdimeneej
(Resolution) No. 13- S%, passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 9-04 day of APR f t— , 2Q_/3 , and
that Me.44hew Pa —e Paji-eY and Marian K. Karr acknowledged the execution of the
instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT Y
Commission Number 159791 Srmowaat
My co ao� mission Expires
3 Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
Un,n ) ss:
46HMS -011 COUNTY )
On this �� day of Air. , 20,E , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared to me
personally known, who being by me duly sworn, did say that he /she is the
of that said instrument was signed on Lhalf of said
corporation by autho ty of its Board of Directors; and that, said A WY ) !'s,04-) acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
Notary P lic in and for the Stat of low
My Commission expires:
Jame krIW "INN
COWAIMN WA eW 148W4
• • _ e n , r hos
M12r - aa-ar-TT-
4d(11)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -97
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY
COURT, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owner of the property on December 17, 1999, recorded on December 21, 1999, in Book
2879, Page 142 through Page 145 in the Johnson County Recorder's Office covering the
following described real estate:
Lot 133, Pepperwood Addition, Part 6, an addition to the City of Iowa City, Iowa, according
to the plat thereof recorded in Book 25, Page 10, Plat records of Johnson County Iowa.
WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to
the owner of the property located at 2230 Hickory Court and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
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
subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Passed and approved this 9th day of April , 2013 _.
MAYOR
1b, ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Resolution No. 13 -97
Page 2
It was moved by Dobyns and seconded by ThroQmorton 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
University of Iowa Community Credit Union, 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 $1,500, and was executed by Michael L. Bagley (herein the Owner), dated December
17, 1999, recorded December 21, 1999, in Book 2879, Page 142 through Page 145, Johnson
County Recorder's Office, covering the following described real property:
Lot 133, Pepperwood Addition, Part 6, an addition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Book 25, Page 10, Plat records of Johnson County Iowa.
WHEREAS, the Financial Institution has loaned the sum of $91,000.00 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.
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 q 44 day of ApRi , , 20 13 .
CITY OF IOWA CITY
By
Mayor
Attest:
)W� A/ -
yi
City C erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
By
On this 9 A day of AF L , 20 13 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared gM a w . 14au-e-K and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say fhat 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 (Gfdin ee)
(Resolution) No. 13 -- 9 7 passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the 9 "�4 day of APRr � , 20_L3 _, and
that W n -K and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary a t and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT ['
Commission Number 159791 S�1� t I'"r6
• My co mi a<3 Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 76 e'�-- day of At a /'c-(,- , 20_1-_3 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared a& j,51 , to me
personally known, who being by me duly sworn, did say that he /she is the L ,t O yeF''ce ---
of (_) 7-cco , that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said va () t i acknowledged
the execution of said instrument to be the vvl ntary ac and eed of said corporation, by it and by
him /her voluntarily executed.
DELANIE FOSTER Notary PD in an fo the tate of Iowa
i, Comm'' ission Number 762040
My o 'ssion Expires
My Commission expires:
9d(IZl
J
NOTICE TO BIDDERS
FY 2014 ASPHALT RESURFACING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 27th day of March 2013. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the
City Council at a meeting to be held in the Emma
J. Harvat Hall at 7:00 P.M. on the 2nd day of April
2013, or at special meeting called for that
purpose.
The Project will involve the following:
2,296 tons of asphalt cement concrete,
11,945 sq. yards of pavement milling, 1,495
feet of pcc curb and gutter replacement,
350.30 sq. yards of pcc sidewalk and curb
ramp pavement removal and replacement, 3
storm sewer intakes and piping, 1000 GAL.
of chip sealing binder, 51 tons of chip seal
cover aggregate, traffic control, other related
work.
All work is to be done in strict compliance with the
plans and specifications prepared by the City of
Iowa City Engineering Division which have hereto-
fore been approved by the City Council, and are
on file for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
AF -1
City Council
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100 %) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of five (5) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Completion Deadlines:
Phase 1: Wetherby Park
Early start: April 22, 2013
Completion deadline: May 17, 2013
Phase 2: Street Milling and Overlay
Early start: June 10, 2013
Completed: August 2, 2013
Liquidated Damages: $500 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the City Engineer of Iowa City, Iowa,
by bona fide bidders.
A $50 deposit is required for each set of plans
and specifications provided to bidders or other
interested persons. The fee shall be in the form of
a check, made payable to: "Treasurer of the City
of Iowa City, Iowa ". The deposit shall be refunded
upon return of the contract documents within
fourteen days after award of the project. If the
contract documents are not returned within
fourteen days after award and in a reusable
condition, the deposit shall be forfeited
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242 -4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
AF -2
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF -3
Nv 4a
4d(12)
Prepared by; Dave Panos, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5145
RESOLUTION NO. 13 -98
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT.
WHEREAS, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest
responsible bid of $ 506,060.05 for construction of the above -named project; and
WHEREAS, funds for this project are available in the Pavement Rehabilitation account # 3824.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above -named project is hereby awarded to L.L.
Pelling Company, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above -named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above -named project.
Passed and approved this 9th day of April 120__13_
�._A
Approved by
ATTEST: 7(J,
CITY C -RK 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
pwenglmasterslawrdcon.doc
3/13
ADVERTISEMENT FOR BIDS
WEST SIDE LEVEE PROJECT
CITY OF IOWA CITY, IOWA
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30
p.m. local time on the 2nd day of April, 2013.
Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project.
Proposals received after this deadline will be
returned to the bidder unopened. Proposals will
be acted upon by the City Council at a meeting to
be held in the Emma J. Harvat Hall at 7:00 p.m.
on the 9d' day of April, 2013, or at special
meeting called for that purpose.
The West Side Levee Project is funded by
Community Development Block Grant (CDBG)
funds received through the Iowa Economic
Development Authority (IEDA). The legislation
providing the disaster recovery funding is the
Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act of 2009 (Pub. L.
110- 329).Community Development Block Grant
(CDBG) funds received through the Iowa
Economic Development Authority (IEDA). The
legislation providing the disaster recovery
funding is the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act
of 2009 (Pub. L. 110 -329).
The Project will involve the following:
Permanent flood mitigation measures along
the western bank of the Iowa River from the
CRANDIC Railroad Bridge to McCollister
Boulevard including; construction of an
earthen levee approximately 3000 linear feet
in length, riverbank stabilization, and the
construction of new storm sewer and two
storm water pumping stations.
There will be a Site Visit and Pre -Bid
conference on Wednesday, March 13, 2013
at 9:30 a.m. local time, at Iowa City Municipal
Airport located at 1801 South Riverside Dr.,
Iowa City, Iowa 52240.
All work is to be done in strict compliance with
the plans and specifications prepared by MMS
Consultants, Inc., of Iowa City, Iowa, which have
heretofore been approved by the City Council,
and are on file for public examination in the Office
of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
AF -1
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable to
the TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to
the City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100 %) of the contract price, said bond to
be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment
of all materials and labor, and also protect and
save harmless the City from all claims and
damages of any kind caused directly or indirectly
by the operation of the contract, and shall also
guarantee the maintenance of the improvement
for a period of two (2) year(s) from and after its
completion and formal acceptance by the City
Council.
The following limitations shall apply to this
Project:
Completion Dater November 15, 2014
Liquidated Damages: $500.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Engineering Division, City of Iowa
City, 410 E. Washington Street, Iowa City, Iowa
52240, by bona fide bidders.
A $60 non - refundable fee is required for each
set of plans and specifications provided to
bidders or other interested persons. The fee shall
be in the form of a check, made payable to the
City of Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Inspections and Appeals at
(515) 281 -5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
AF -2
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quanti-
ties, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF -3
04-09-13
4d(13)
Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5416
RESOLUTION NO. 13 -99
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT.
WHEREAS, Iowa Bridge and Culvert, LC of Washington, Iowa, has submitted the lowest
responsible bid of $4,520,160.74 for construction of the above -named project; and
WHEREAS, funds for this project are available in the West Side Levee account # 3961.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above -named project is hereby awarded to Iowa
Bridge and Culvert, LC, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above -named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above -named project.
Passed and approved this 9th day of April , 20 13
1 -� d
• &-
Approved by
ATTEST:-
CITY 'ERK City Attorney's Office
Resolution No. 13 -99
Page 2
It was moved by Dobyns and seconded by Throgmorton 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
D
4d(15)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -100
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM IC UGLYS
WHEREAS, on December 19, 2012, an employee of IC Uglys, 210 N. Linn Street, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products
or cigarettes to a minor; and
WHEREAS, at the time of the violation, IC Uglys was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(l), after a hearing and proper notice; and
WHEREAS, IC Uglys has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(l), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within a two -year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of IC Uglys.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
AA �IA
Mayor, City of Iowa Oty
ATTEST: ��]
City Clerk, City of Iowa City
Resolution loo. 13 -100
Page 2
It was moved by Dobyns and seconded by Thrngmnrtnn the
Resolution be adopted, and upon roll call there were:
AYES: DAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -101
RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM RED POPPY
WHEREAS, on December 21, 2012, an employee of Red Poppy, 341 E. College Street,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the second such violation by one of its
employees in a two -year period; and
WHEREAS, at the time of the violation, Red Poppy was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty
for a second violation within a two year period is, at the retailer's option, $1500 or a
thirty day permit suspension; and
WHEREAS, Red Poppy has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $1500.00 civil penalty to the City Clerk of the City of Iowa City;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $1500.00 civil penalty on behalf of Red Poppy.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9. 2013
At Z--N
Mayor, City of Iowa City
ATTEST: &441_�J_ e. -tatiiJ
City Cleik, City of Iowa City
4d(16)
Resolution No. 13 -101
Page 2
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
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -102
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS
WHEREAS, on December 22, 2012, an employee of RJ'Z Express, 2 Escort Lane, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products
or cigarettes to a minor; and
WHEREAS, at the time of the violation, RJ'Z Express was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, RJ'Z Express has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within a two -year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of RJ'Z Express.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST:
City C erk, City of Iowa City
04
4d(17)
Resolution No. 13 -102
Page 2
It was moved by Dobyns and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
AYES:
x
_ x
x
x
x
x
—x
NAYS:
"Al MI IF
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
'''tab err
4d(18)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -103
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART #2
WHEREAS, on December 21, 2012, an employee of Deli Mart #2 violated Section 453A.2(1) of the Code
of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor;
and
WHEREAS, at the time of this violation Deli Mart #2 held a retail cigarette permit and was located at 1920
Lower Muscatine, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds. a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Deli Mart #2 employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Deli Mart #2 wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four -year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Deli Mart #2 again violates Section 453A.2(1) within a four -year period, Deli Mart
#2 will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity
for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Deli Mart #2's use of a Section 453A.22(3) affirmative defense and should accept
Deli Mart #2's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST: 2&44 J e- _e
City Cle'lk, City of Iowa City
Resolution No. 13 -103
Page 2
It was moved by Dobyns and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
F.Vd aki
x
- x
x
x
x
—x —
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M,� "Mr_ —
4d(19)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -104
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART #3
WHEREAS, on December 22, 2012, an employee of Deli Mart #3 violated Section 453A.2(1) of the Code
of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor;
and
WHEREAS, at the time of this violation Deli Mart #3 held a retail cigarette permit and was located at 2410
Mormon Trek, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(l); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Deli Mart #3 employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Deli Mart #3 wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four -year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Deli Mart #3 again violates Section 453A.2(1) within a four -year period, Deli Mart
#3 will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity
for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Deli Mart #3's use of a Section 453A.22(3) affirmative defense and should accept
Deli Mart #3's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST: 7C.ez _
City Cterk, City of Iowa City
Resolution No.
Page 2
13 -104
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
Wj �r
4d(20)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -105
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY GASBY'S
WHEREAS, on December 21, 2012, an employee of Gasby's violated Section 453A.2(l) of the Code of
Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and
WHEREAS, at the time of this violation Gasby's held a retail cigarette permit and was located at 1920
Lower Muscatine, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(l), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Gasby's employee who violated Section 453A.2(1) held a valid certificate of completion
of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the
violation; and
WHEREAS, Gasby's wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four -year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Gasby's again violates Section 453A.2(1) within a four -year period, Gasby's will be
subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Gasby's's use of a Section 453A.22(3) affirmative defense and should accept
Gasby's's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City — `
ATTEST: 41-/- e?,4
City Clierk, City of Iowa City
Resolution No. 13-109
Page 2
It was moved by nobyns and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
_ x
x
1\[:"' I
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -106
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY KUM & GO
WHEREAS, on December 19, 2012, an employee of Kum & Go violated Section 453A.2(1) of the Code of
Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor; and
WHEREAS, at the time of this violation Kum & Go held a retail cigarette permit and was located at 513 S.
Riverside Drive, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail
cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1); and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section 453A.2(1), the
retailer shall not be assessed a penalty under Section 453A.22(2), and the violation shall be deemed not to
be a violation of Section 453A.2(1) for the purpose of determining the number of violations for which a
penalty may be assessed pursuant to Section 453A.22(2), if the employee in question holds a valid
certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5
at the time of the violation; and
WHEREAS, the Kum & Go employee who violated Section 453A.2(l) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of
the violation; and
WHEREAS, Kum & Go wishes to assert the affirmative defense set out in Section 453A.22(3) in order to
avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an Acknowledgment
of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only once in a
four -year period for a violation of Section 453A.2 that takes place at the same place of business location
and if an employee of Kum & Go again violates Section 453A.2(1) within a four -year period, Kum & Go
will be subject to a civil penalty as provided by Section 453A.22(2), after proper notice and opportunity for
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City
Council should accept Kum & Go's use of a Section 453A.22(3) affirmative defense and should accept
Kum & Go's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson
County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder
via regular mail sent to the permit holder's place of business as it appears on the application for a retail
cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST: l
City Clerk, City of Iowa City
4d(21)
Resolution No. 11-106
Page 2
It was moved by Dobyns and seconded by Throgmorton 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
ATM
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -107
RESOLUTION SETTING PUBLIC HEARING FOR APRIL 23, 2013, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 426
CHURCH 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 purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 426 Church
Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 426 Church Street for the principal sum
of $168,000 (the amount the City paid to acquire the home), plus the "carrying costs ", 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 $40,000 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, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
426 Church Street, Iowa City, Iowa, also known as part of Lot 8, Block 51, for the sum of
$168,000, plus the "carrying costs ".
2. A public hearing on said proposal should be and is hereby set for April 23, 2013, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Resolution No. 13 -107
Page 2
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
Passed and approved this 9th day of April , 2013.
MAYOR
ATTEST: x-1 -��'
CITY °LERK
Approved by
C� 3 3
City Attorney's Office
r
Y 4e
CITY OF IOWA CIT(10)
IR �
MEMORANDUM
Date: April 2, 2013
To: Tom Markus, City Manager
From: Dennis Bockenstedt, Director of Finance]
Re: Projects funded by 2013 General Obligation Bond Issue
There are four resolutions setting public hearings on the 2013 General Obligation bonds for the
formal City Council meeting next week. Attached is a spreadsheet identifying the projects, the
amount of funding required, and the Iowa statute denoting the purpose classification. The first
resolution setting a public hearing is for the Essential Corporate Purpose Bonds in the amount
of $6,500,000. Our bond attorney reviews our projects to determine which purpose they can be
issued. The projects that are deemed Essential Corporate Purpose by Iowa state code do not
have a $700,000 project expense cap and are not subject to reverse referendum.
The three remaining resolutions setting public hearings are on General Corporate Purpose
Bonds. This classification of bonds restricts the city from issuing more than $700,000 in general
obligation bonds per project and subjects the city to a reverse referendum within 30 days of
adoption of the resolution. These resolutions are for $570,000 for public building improvements,
$375,000 for parks and recreation improvements, and $625,000 for other improvements.
The difference between the project costs and the resolution amounts are for issuance expenses
that include bond attorney fees, publications, financial advisor fees, and the underwriter's
discount. The resolutions contain a contingency amount for these costs of $459,550 or 6% or
the project costs, however, the total for these expenses is usually under 2% of the total
issuance.
FY2013 General Obligation Bonds
Project Schedule
General
Purpose-
Essential Public
Project Name Description Type Purpose Building
General
Purpose - General
Parks & Purpose-
Recreation Other
Lower Muscatine - Kirkwood to First Ave
Reconstruct Lower Muscatine from
Streets
$ 375,000
396,950
12,600
25,000
25,000
Kirkwood to First Avenue
570,000 $
375,000
$625,000
Signalize the intersections of Old Hwy
Traffic Signals Project
218 /Mormon Trek/McCollister Blvd
Streets
$ 250,000
and Scott Blvd /American Legion Rd.
Sidewalk Infill Program
Sidewalk construction
Sidewalks
$ 100,000
Taft Speedway Levee Project
Engineering /Design of flood protection
Other
$100,000
for the Idyllwild neighborhood
Warm Storage Building, Napolean Park
Construction of a 80'x 80' building for
parks
$ 300,000
equipment storage in Napoleon Park
CBD Streetscape Project
Central Business District streetscape
Streets
$ 350,000
plan development - study
William Street Reconstruction
Reconstruct William Street including
Streets
$ 540,000
streetsca a improvements
Parks Annual Improvements
Improvements to public parks
Parks
$ 200,000
Hickory Hills Restroom /Saferoom
Replace restroom & pedestrian bridge
Parks
$ 34,000
Recreation and conservation
Terry Trueblood Recreation Area
improvements to the Terry Trueblood
Parks
$2,000,000
Recreation Area
Normandy Drive Restoration Project
Park development in the Normandy
Disaster
remediation/
$ 409,050
Drive area
restoration
Fairmeadows Restroom & Splash Pad
Construct splash pad & adjacent
Parks
$ 95,000
restroom to replace wading pool
Intra -city Bike Trails
Construction and repair of bike trails
Parks
$ 50,000
Scott Park Development & Trail
Park improvements to Scott Park
Parks
$ 140,000
City Hall Projects
Improvements to City Hall building
Public Bldg
$ 116,400
Projectdox Quickstart
Web based workflow system for plan
public Bldg
$ 306,000
.
submission and review
Library Public Space Remodeling
Building improvements to public
public Bldg
$ 100,000
service areas at library
Fire Station #3 Kitchen Remodel
Remodel kitchen at Fire Station #3
Public Bldg_
$ 35,000
2005A GO Bond Refunding
To refund 2005 GO Bonds
Refunding
$1,610,000
To purchase downtown rental
UniverCity Neighborhood Partners
properties, refurbish them, and return
Other
$500,000
them to single family homes
GO Bond 2013A Project Totals
Bond issue costs
Total 2013A Bond Issue
$6,103,050 $
557,400 $
350,000
$600,000
396,950
12,600
25,000
25,000
$6,500,000 $
570,000 $
375,000
$625,000
Mo
April 9, 2013
The City Council of the City of Iowa City, State of Iowa, met in
Regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock P M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
-1-
Council Member Dobyns introduced the following
Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL
OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL CORPORATE
PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted.
Council Member Throgmorton seconded the motion to adopt. The roll
was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, ThroRmorton
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -108
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR
AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA
CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State
of Iowa, should issue General Obligation Bonds, Series 2013A, to the amount of not to
exceed $6,500,000, as authorized by Section 384.25, of the City Code of Iowa, for the
purpose of providing funds to pay costs of carrying out an essential corporate purpose
project as hereinafter described; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections from any resident or
property owner of the City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7: po o'clock p M., on the 23rd day of April,
2013, for the purpose of taking action on the matter of the issuance of not to exceed
$6,500,000 General Obligation Bonds, Series 2013A, for an essential corporate purpose
of the City, the proceeds of which bonds will be used to provide funds to pay costs of:
a. The opening, widening, extending, grading, and draining of the right -of -way of
streets, highways, avenues, public grounds, and market places; the construction,
reconstruction, and repairing of street improvements; the acquisition, installation, and
repair of traffic control devices; and the acquisition of any real estate needed for the
foregoing purposes;
b. The acquisition, construction, improvement, and installation of street lighting
fixtures, connections, and facilities;
c. The construction, reconstruction, and repair of sidewalks and pedestrian
underpasses and overpasses, and the acquisition of real estate needed for such purposes;
d. The settlement, adjustment, renewing, or extension of any part or all of the
legal indebtedness of a city;
e. The acquisition, construction, reconstruction, and improvement of real and
personal property, useful for the protection or reclamation of property situated within the
corporate limits of cities from floods or high waters, and for the protection of property in
cities from the effects of flood waters, as well as the development and beautification of
the banks, streets, and other areas adjacent to flood control improvements; and
f. The rehabilitation and improvement of parks already owned, including
facilities, equipment, and improvements commonly found in city parks.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than four clear days nor more than twenty days before the date
of the public meeting on the issuance of the bonds.
-3-
Section 4. The notice of the proposed action to issue the bonds shall be in
substantially the following form:
Publish 4/12
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY,
STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT
TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR
AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Iowa City, State of Iowa, will hold a
public hearing on the 23rd day of April, 2013, at 7:00 o'clock P.M., in the Emma J. Harvat
Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes
to take additional action for the issuance of not to exceed $6,500,000 General Obligation
Bonds, Series 2013A, for an essential corporate purpose of said City, in order to provide
funds to pay costs of:
a. The opening, widening, extending, grading, and draining of the right -of -way of
streets, highways, avenues, public grounds, and market places; the construction,
reconstruction, and repairing of street improvements; the acquisition, installation, and repair
of traffic control devices; and the acquisition of any real estate needed for the foregoing
purposes;
b. The acquisition, construction, improvement, and installation of street lighting
fixtures, connections, and facilities;
c. The construction, reconstruction, and repair of sidewalks and pedestrian
underpasses and overpasses, and the acquisition of real estate needed for such purposes;
d. The settlement, adjustment, renewing, or extension of any part or all of the legal
indebtedness of a city;
e. The acquisition, construction, reconstruction, and improvement of real and personal
property, useful for the protection or reclamation of property situated within the corporate
limits of cities from floods or high waters, and for the protection of property in cities from the
effects of flood waters, as well as the development and beautification of the banks, streets,
and other areas adjacent to flood control improvements; and
f. The rehabilitation and improvement of parks already owned, including facilities,
equipment, and improvements commonly found in city parks.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the City, to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjournment thereof, take
additional action for the issuance of bonds or will abandon the proposal to issue bonds.
This notice is given by order of the City Council of the City of Iowa City, State of
Iowa, as provided by Section 384.25 of the City Code of Iowa.
Dated this 12th day of April, 2013.
s/Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
This notice is given by order of the City Council of the City of Iowa City, State of
Iowa, as provided by Section 384.25 of the City Code of Iowa.
Dated this 9th day of April, 2013.
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
m
PASSED AND APPROVED this 9th day of April, 2013.
ATTEST:
City C E—&
00934382 -1 \10714 -114
-7-
Ai��If
Mayor
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 12th day of
April , 2013.
2?7,v� _e - 2ez�
City Clerk, City of Iowa City, State of Iowa
(SEAL)
00934382 -1 \10714 -114
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA
ITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE
NOT TO EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIE
20 A, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY, A
TH . ARING ON THE ISSUANCE THEREOF
PUBLI NOTICE is hereby given that the City of Iowa City, State of I a, will
hold a public hea 'ng on the 23rd day of April, 2013, at o'clock M., in
the Emma J. Harva all City Hall, 410 E. Washington, Iowa City, Iowa, t which
meeting the Council oposes to take additional action for the issuance not to exceed
$6,500,000 General Ob ' gction Bonds, Series 2013A, for an essential orporate purpose
of said City, in order to p vide funds to pay costs of:
a. The opening, widen
streets, highways, avenues, pub
reconstruction, and repairing of
repair of traffic control devices;
foregoing purposes;
extending, grading, and drai ng of the right -of -way of
grounds, and market plac ; the construction,
iidet improvements; the quisition, installation, and
ie acquisition of a real estate needed for the
b. The acquisition, construction, im rove ent, and installation of street lighting
fixtures, connections, and facilities;
c. The construction, reconstruction nd re air of sidewalks and pedestrian
underpasses and overpasses, and the ac isition of r 1 estate needed for such purposes;
d. The settlement, adjustme , renewing, or exte \irovement part or all of the
legal indebtedness of a city;
e. The acquisition, co truction, reconstruction, ement of real and
personal property, useful f the protection or reclamatiy situated within the
corporate limits of cities om floods or high waters, antection of property in
cities from the effects flood waters, as well as the ded beautification of
the banks, streets, an other areas adjacent to flood con nts; and
f. The re bilitation and improvement of parks already owned, i
facilities, equiptnent, and improvements commonly found in city parks.
/Ae above meeting the Council shall receive oral or written objectio from any
roperty owner of the City, to the above action. After all objections ve been
considered, the Council will at this meeting or at any adjournment t reof,
lditional action for the issuance of bonds or will abandon the proposal to issu
-5-
M15
April 9, 2013
The City Council of the City of Iowa City, State of Iowa, met in
Regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock P M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
-1-
04-09-13
4e�i�
Council Member Dobyns introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION
BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same
be adopted. Council Member ThroQmorton seconded the motion to adopt. The
roll was called and the vote was,
AYES: Champion, Dickens, Dobyns Hayek, Mims
Pavne, ThroQmorton
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -109
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $375,000 OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a
general corporate purpose project as hereinafter described; and, it is deemed necessary
that it should issue General Obligation Bonds, Series 2013A, to the amount of not to
exceed $375,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
WHEREAS, the City has a population of more than 5,000, but not more than
75,000, and the amount of the proposed bond issue is not more than $700,000; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of Chapter 3 84 of the Code of Iowa, and to publish a notice of the proposal to
issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock p M., on the 23rd day of April,
2013, for the purpose of taking action on the matter of the issuance of not to exceed
$375,000 of General Obligation Bonds, Series 2013A, the proceeds of which bonds will
be used to provide funds to pay costs of the acquisition, construction, reconstruction,
enlargement, improvement, and equipping of recreation grounds, recreation buildings,
juvenile playgrounds, recreation centers, parks and the acquisition of real estate therefor
and shall bear interest at a rate not exceeding the maximum specified in the attached
notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten nor more than twenty clear days before the date of the
public meeting on the issuance of the bonds.
Section 3. The notice of the proposed action to issue bonds shall be in
substantially the following form:
-3-
Publish 4/12
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $375,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF BONDS
Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa,
will hold a public hearing on the 23rd day of April, 2013, at 7:00 o'clock P.M., in the Emma
J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council
proposes to take action for the issuance of not to exceed $375,000 of General Obligation
Bonds, Series 2013A (for a general corporate purpose), bearing interest at the rate of not to
exceed nine (9) per centum per annum, the bonds to be issued for the purpose of providing
funds to pay costs of the acquisition, construction, reconstruction, enlargement, improvement,
and equipping of recreation grounds, recreation buildings, juvenile playgrounds, recreation
centers, parks and the acquisition of real estate therefor.
At any time before the date of the meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.26 of the Code of Iowa.
This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as
provided by Section 384.26 of the Code of Iowa.
Dated this 12th day of April, 2013.
s/Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 9th day of April, 2013.
ATTEST:
City Clerk
00934350 -1 \10714 -114
Mayor
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 12th day of
April , 2013.
City CttTk, City of Iowa City, State of Iowa
(SEAL)
00934350 -1 \10714 -114
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$375,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS, SERIES 2013A (FOR A
'GENERAL CORPORATE PURPOSE), AND HEARING
OINSSUANCE OF BONDS
Public Notice i he
Iowa, will hold a public
.M., in the Emma J.
given that the Council of the City of Iowa ity, State of
g on the 23rd day of April, 2013, at o'clock
vat Hall, City Hall, 410 E. Washington owa City, Iowa, at
which meeting the Council pNp`
$375,000 of General Obligation\
bearing interest at the rate of not
be issued for the purpose of pro-,
reconstruction, enlargement, imI
recreation buildings, juvenile ply
of real estate therefor.
es to take action for the issuance f not to exceed
onds, Series 2013A (for a gene 1 corporate purpose),
exceed nine (9) per centum er annum, the bonds to
funds to pay costs of V acquisition, construction,
1 t, and equipping Pf recreation grounds,
n0 ,recreation recreation ce ers, parks and the acquisition
At any time before the date of the meetin , petition, asking that the question of
issuing such bonds be submitted to the legal vot rs f the City, may be filed with the City
Clerk of the City in the manner provided by S ction 2.4 of the Code of Iowa, pursuant
to the provisions of Section 384.26 of the C de of low
This Notice is given by order of e Council of the ty of Iowa City, State of
Iowa, as provided by Section 384.26 f the Code of Iowa.
Dated this 9th day of A44ril, 2013.
City Clerk, City of Iowa City,
(End of Notice)
-4-
of Iowa
M,�
April 9, 2013
The City Council of the City of Iowa City, State of Iowa, met in
Regular . session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock P M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
- 1 -
4e(12)
Council Member Dobyns introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $625,000 OF GENERAL OBLIGATION
BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same
be adopted. Council Member Throgmorton seconded the motion to adopt. The
roll was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -110
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $625,000 OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a
general corporate purpose project as hereinafter described; and, it is deemed necessary
that it should issue General Obligation Bonds, Series 2013A, to the amount of not to
exceed $625,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
WHEREAS, the City has a population of more than 5,000, but not more than
75,000, and the amount of the proposed bond issue is not more than $700,000; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of Chapter 3 84 of the Code of Iowa, and to publish a notice of the proposal to
issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7: 00 o'clock P .M., on the 23rd day of April,
2013, for the purpose of taking action on the matter of the issuance of not to exceed
$625,000 of General Obligation Bonds, Series 2013A, the proceeds of which bonds will
be used to provide funds to pay costs of any other purpose which is necessary for the
operation of the city or the health and welfare of its citizens, including engineering and
planning for flood prevention and the purchase of downtown rental properties and
improvement of said properties for return to single family residence and shall bear
interest at a rate not exceeding the maximum specified in the attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten nor more than twenty clear days before the date of the
public meeting on the issuance of the bonds.
Section 3. The notice of the proposed action to issue bonds shall be in
substantially the following form:
-3-
Publish 4/12
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $625,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF BONDS
Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa,
will hold a public hearing on the 23rd day of April, 2013, at 7:00 o'clock P.M., in the Emma
J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council
proposes to take action for the issuance of not to exceed $625,000 of General Obligation
Bonds, Series 2013A (for a general corporate purpose), bearing interest at the rate of not to
exceed nine (9) per centum per annum, the bonds to be issued for the purpose of providing
funds to pay costs of any other purpose which is necessary for the operation of the city or the
health and welfare of its citizens, including engineering and planning for flood prevention and
the purchase of downtown rental properties and improvement of said properties for return to
single family residence.
At any time before the date of the meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.26 of the Code of Iowa.
This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as
provided by Section 384.26 of the Code of Iowa.
Dated this 12th day of April, 2013.
Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 9th day of April, 2013.
ATTEST:
City Clerk
00934359- 1110714 -114
&-&)�%A\
Mayor
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 12th day of
Avril .2013.
City k, City of Iowa City, State of Iowa
(SEAL)
00934359 -1 \10714 -114
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$625,000 PRINCIPAL AMOUNT OF GENERAL
BLIGATION BONDS, SERIES 2013A (FOR A
G NERAL CORPORATE PURPOSE), AND HEARING
ONISSUANCE OF BONDS
Public Notice i ereby given that the Council of the City of lo City, State of
Iowa, will hold a public aring on the 23rd day of April, 2013, at o'clock
.M., in the Emma J. arvat Hall, City Hall, 410 E. Washingt n, Iowa City, Iowa, at
which meeting the Council p ores to take action for the issuan e of not to exceed
$625,000 of General Obligatio onds, Series 2013A (forage eral corporate purpose),
bearing interest at the rate of not exceed nine (9) per cent per annum, the bonds to
be issued for the purpose of providi funds to pay costs o any other purpose which is
necessary for the operation of the city r the health and If of its citizens, including
engineering and planning for flood prev tion and the urchase of downtown rental
properties and improvement of said prope ies for re rn to single family residence.
At any time before the date of the ' 'n , a petition, asking that the question of
issuing such bonds be submitted to the legal v rs of the City, may be filed with the City
Clerk of the City in the manner provided by ect n 362.4 of the Code of Iowa, pursuant
to the provisions of Section 384.26 of the ode of owa.
This Notice is given by order o e Council o
Iowa, as provided by Section 384.26 f the Code of I
Dated this 9th day of April, 2013.
City of Iowa City, State of
City Clerk, City of Iowa
(End of Notice)
, State of Iowa
a�a
April 9, 2013
The City Council of the City of Iowa City, State of Iowa, met in
Regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock P .M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
- 1 -
04 -0
4e(13)
Council Member Dobyns introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF GENERAL OBLIGATION
BONDS, SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same
be adopted. Council Member Throgmorton seconded the motion to adopt. The
roll was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -111
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $570,000 OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a
general corporate purpose project as hereinafter described; and, it is deemed necessary
that it should issue General Obligation Bonds, Series 2013A, to the amount of not to
exceed $570,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
WHEREAS, the City has a population of more than 5,000, but not more than
75,000, and the amount of the proposed bond issue is not more than $700,000; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to
issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock p M., on the 23rd day of April,
2013, for the purpose of taking action on the matter of the issuance of not to exceed
$570,000 of General Obligation Bonds, Series 2013A, the proceeds of which bonds will
be used to provide funds to pay costs of the acquisition, construction, reconstruction,
enlargement, improvement, and equipping of public buildings, including but not limited
to city hall, fire station #3, and the library, and the acquisition of any real estate necessary
therefor and shall bear interest at a rate not exceeding the maximum specified in the
attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten nor more than twenty clear days before the date of the
public meeting on the issuance of the bonds.
Section 3. The notice of the proposed action to issue bonds shall be in
substantially the following form:
-3-
Publish 4/12
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $570,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2013A (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF BONDS
Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa,
will hold a public hearing on the 23rd day of April, 2013, at 7:00 o'clock P.M., in the Emma
J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council
proposes to take action for the issuance of not to exceed $570,000 of General Obligation
Bonds, Series 2013A (for a general corporate purpose), bearing interest at the rate of not to
exceed nine (9) per centum per annum, the bonds to be issued for the purpose of providing
funds to pay costs of the acquisition, construction, reconstruction, enlargement, improvement,
and equipping of public buildings, including but not limited to city hall, fire station #3, and
the library, and the acquisition of any real estate necessary therefor.
At any time before the date of the meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.26 of the Code of Iowa.
This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as
provided by Section 384.26 of the Code of Iowa.
Dated this 12th day of April, 2013.
Marian K, Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 9th day of April, 2013.
ATTEST:
City Clerk
00934353 -1 \10714 -114
Mayor
-5-
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place.easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 12th day of
April 52013.
City rk, City of Iowa City, State of Iowa
(SEAL)
00934353 -1 \10714 -114
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$570, 00 PRINCIPAL AMOUNT OF GENERAL
OBLI TION BONDS, SERIES 2013A (FOR A
GENE CORPORATE PURPOSE), AND HEARING
ON ISSUA CE OF BONDS i
Public Notice is he
Iowa, will hold a public h,
.M., in the Emma J.
which meeting the Council propose
$570,000 of General Obligation Bc
bearing interest at the rate of not to
1 that the Council of the City of Io a City, State of
the 23rd day of April, 2013, at o'clock
all, City Hall, 410 E. Washing n, Iowa City, Iowa, at
to take action for the issuan of not to exceed
n s, Series 2013A (for a ge ral corporate purpose),
ex eed nine (9) per centu per annum, the bonds to
be issued for the purpose of providing Ninds to pay costs of a acquisition, construction,
reconstruction, enlargement, improveme t, and equippin of public buildings, including
but not limited to city hall, fire station #3, d the libra , and the acquisition of any real
estate necessary therefor.
At any time before the date of the meetikA petition, asking that the question of
issuing such bonds be submitted to the legal vo s of the City, may be filed with the City
Clerk of the City in the manner provided by 5&t4 362.4 of the Code of Iowa, pursuant
to the provisions of Section 384.26 of the C de of wa.
This Notice is given by order of e Council
Iowa, as provided by Section 384.26 f the Code of
Dated this 9th day of Ay(ril, 2013.
City of Iowa City, State of
City Clerk, City of I
(End of Notice)
City, State of Iowa
aa(1a)
Prepared by: Ben Clark, Special Projects Engineer, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5436
RESOLUTION NO. 13 -112
RESOLUTION APPROVING AN AGREEMENT TO PURCHASE CRANDIC PARK AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION
OF UTILITIES NECESSARY FOR THE ROCKY SHORE DRIVE PUMP STATION PROJECT.
WHEREAS, City staff is in the process of acquiring property and access rights for the Rocky
Shore Pump Station and Floodgate Project; and
WHEREAS, said project will require the relocation of certain utilities; and
WHEREAS, said project will also require the acquisition of a portion of the property known as
CRANDIC Park; and
WHEREAS, the City currently leases CRANDIC Park from the Cedar Rapids and Iowa City
Railway Company ( CRANDIC); and
WHEREAS, by purchasing the entire 4.1 acre property, the Rocky Shore Drive Pump Station
and Floodgate Project can move forward and it will secure the flood -prone property from being
developed in the future; and
WHEREAS, City staff has negotiated a purchase agreement with the owner of CRANDIC Park
that requires City Council approval;
WHEREAS, attached to this resolution is a copy of the City's offer and the owner's acceptance;
WHEREAS, the City finds that said purchase agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The attached purchase agreement for the CRANDIC Park is approved as to form and
content.
2. Upon the direction of the City Attorney, the City Manager is authorized to execute all
documents necessary to purchase the property in accordance with said purchase
agreement and to enter into agreements with utility companies for the relocation of
utilities, as may be necessary to complete the project.
Passed and approved this 9th day of April 20_LL_.
MAYOR
y pprPved by
7 ATTEST: ��� �(- / - �-
CITY-CLERK ity Attorney's Office
Resolution No. 13 -112
Page 2
It was moved by Mims and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
Dickens the Resolution be
ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
Payne
x Throgmorton
pweng \masters\acqui reprop. doc
ABSTAIN:
x
OFFER AND ACCEPTANCE
(CRANDIC Park)
TO CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY:
REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa, described as follows:
Certain real property located in Iowa City, Iowa and commonly referred to as CRANDIC Park. Said real property
to be more accurately described in a survey to be completed on behalf of the parties
with any easements and appurtenant servient estates, but subject to the following: a) any zoning and other
ordinances; b) any covenants of record; c) any easements of record for public utilities, roads and highways; and d)
(consider: liens, mineral rights; other easements; interest of others) designated the Real
Estate.
PRICE. The purchase price shall be: two hundred thousand dollars ($200,000), payable in full at Seller's offices at
Closing.
3. REAL ESTATE TAXES. Seller shall pay all taxes which are a lien prior to possession and any unpaid real estate
taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on
the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise.
4. SPECIAL ASSESSMENTS.
a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this
offer.
b. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments which are a lien on the Real
Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior
installments thereof.
c. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS. Risk of loss prior to Seller's delivery of possession and Closing of the Real Estate to Buyer shall
remain with the Seller.
6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the
time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real
Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be
required to repair or replace same.
POSSESSION AND CLOSING. If Buyer timely perform all obligations, possession and Closing of the Real Estate
shall be delivered to Buyer on or before June 1, 2013.
FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such
as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters,
water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built -in items and
electrical service cable, outside television towers and antenna, fencing, gates, and landscaping shall be considered a
part of Real Estate and included in the sale except: (consider: rental items.)
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other
liens and to acquire outstanding interests, if any, of others.
10. ABSTRACT AND TITLE. Seller is not obligated to provide a 40 year merchantable abstract to Buyer. Seller will
provide any title documentation it has in its possession provided that Seller makes no warranty or representations
related to the accuracy or completeness of the abstract. Buyer shall assume responsibility for the creation of an
abstract following preparation of the survey and will have the abstract examined to confirm title in conformity with this
agreement, Iowa law and the Title Standards of the Iowa State Bar Association. The abstract shall become the
property of Buyer when the purchase price is paid in full.
11. DEED. Upon payment of purchase price, Seller shall convey the Real Estate to Buyer or the Buyer's assignees, by
Special Warranty Deed. Any general warranties of title shall extend only to the time of acceptance of this offer, with
special warranties as to acts of Seller continuing up to time of delivery of the deed.
12. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
13. REMEDIES OF THE PARTIES:
a. If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments
made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the
payment of the entire balance because of such failure (during which thirty days such failure is not corrected)
Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed
in equity and the Court may appoint a receiver.
b. If the Seller fails to timely perform this contract, Buyer have the right to have all payments made returned to
them.
c. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or equity available to
them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, the Seller shall
furnish Buyer with a written statement from the holder of such lien, showing the correct balance due.
15. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of
the Iowa State Bar Association.
16. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly
submit this contract for such approval. If this contract is not so approved it shall be void.
17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in
interest of the parties.
18. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender, according to the context.
19. TIME FOR ACCEPTANCE. If this offer is not accepted by the Seller on or before April 30, 2013, it shall become void
and all payments shall be repaid to the Buyer.
20. A. Environmental Conditions. This Offer and Acceptance is expressly contingent upon the receipt by Seller or
Buyer or their assigns, on or before possession, of results satisfactory to each of any investigation, tests, audits,
examinations or analysis of the environmental condition of the property that the Seller or Buyer may obtain. Each
party shall bear its own costs of performing the environmental assessments and testing it deems appropriate. If for
any reason, Seller or Buyer determines that the property to be acquired is not in satisfactory environmental condition,
as determined in each party's sole and absolute discretion, Seller or Buyer may.terminate this Offer and Acceptance.
B. Property Condition. Buyer agrees to take possession of the Real Estate and all improvements "AS IS" without
representations or warranties expressed or implied by Seller.
21. ACCESS TO REAL ESTATE. Buyer's access to Real Estate prior to possession and Closing shall be contemplated
on a separate Access Agreement with term limitations and conditions.
22. EASEMENTS. At Closing, Buyer agrees to grant any required easements to Seller as may be deemed necessary for
the operation of the utility on Seller's form of easement at no further cost to Seller.
23. FURTHER DOCUMENTATION. Buyer and Seller agree in good faith to execute such further or additional documents
as may be necessary or appropriate to carry out the intent and purpose of this Offer and Acceptance.
24. Upon execution of this Offer and Acceptance Buyer and Seller shall have a survey prepared that covers the metes
and bounds description for the premises included.
25. At closing the existing Lease as between Buyer and Seller covering the premises shall be terminated. Closing shall
take place on or before June 1, 2013.
26. This Offer and Acceptance, as executed by the City Manager, is conditioned upon approval by Buyer's City Council,
such approval to occur no later than April 20, 2013.
DATED: :26ti,cOi cyS,- — 3
CITY OF IOWA CITY
(Buyer)
By:
Title: City Manager
This offer is accepted 2013.
CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY
(Seller)
By: Kevin P. Burke
Title: President
I
.,,ice. -4 CITY OF IOWA CITY
T 11% 4 4
MEMORANDUM
Date: April 3, 2013
To: Tom Markus, City Manager
From: Ron Knoche, City Engineer ?6r_
Re: Rocky Shore Drive Pump Station and Floodgate Project
CRANDIC Park Purchase
Introduction
The City of Iowa City is in the process of acquiring property and access rights for the Rocky
Shore Drive Pump Station and Floodgate Project.
History /Background
This project is one component of a collaborative regional project with the City of Coralville that is
designed to protect Iowa City and Coralville businesses, University of Iowa facilities and critical
infrastructure, including Highway 6. Coralville is in the process of implementing 4 projects
totaling $20.3M as part of this $26.9M regional effort. Iowa City's project will involve the
installation of permanent, automatic pumps to an existing stormwater structure located near the
intersection of Rocky Shore Drive and Highway 6. It will also include the installation of a
floodwall and permanent flood gate system north of the Rocky Shore Drive viaduct.
Discussion of Solutions
The City currently leases CRANDIC Park from the Cedar Rapids and Iowa City Railway
Company ( CRANDIC). We have negotiated a purchase price of $200,000 for the 4.1 acre park.
Purchasing the park will allow the project to move forward and will secure the flood -prone
property from being developed in the future.
Financial Impact
The city received funding totaling $6.6M for this project through an Iowa Economic Development
Authority (IEDA), Community Development Block Grant (CDBG). The purchase price of
$200,000 is included in the Engineer's estimate of $6.6M for the entire project.
Recommendation
Staff recommends purchasing CRANDIC Park.
Cc: Rick Fosse, Public Works Director
Ben Clark, Special Projects Administrator
r
�'.F. ®-4 CITY OF IOWA CITY
.�
'11�
MEMORANDUM
Date: April 3, 2013
To: Tom Markus, City Manager
From: Ron Knoche, City Engineer .
Re: Rocky Shore Drive Pump Station and Floodgate Project
Mid - American Electrical Facilities Relocation
Introduction
The City of Iowa City has final plans and specifications for the Rocky Shore Drive Pump Station
and Floodgate Project. It will be necessary to relocate existing overhead electrical facilities
along the CRANDIC right -of -way as part of this project.
History /Background
This project is one component of a collaborative regional project with the City of Coralville that is
designed to protect Iowa City and Coralville businesses, University of Iowa facilities and critical
infrastructure, including Highway 6. Coralville is in the process of implementing 4 projects
totaling $20.3M as part of this $26.9M regional effort. Iowa City's project will involve the
installation of permanent, automatic pumps to an existing stormwater structure located near the
intersection of Rocky Shore Drive and Highway 6. It will also include the installation of a
floodwall and permanent flood gate system north of the Rocky Shore Drive viaduct.
Discussion of Solutions
Relocating the existing electrical facilities will allow the project to move forward. In addition, the
new work will replace the existing overhead lines and poles with buried lines along the
CRANDIC right -of -way.
Financial Impact
The city received funding totaling $6.6M for this project through an Iowa Economic Development
Authority (IEDA), Community Development Block Grant (CDBG). The cost of the proposal from
Mid - American to do the work is $152,986. This amount is included in the Engineer's estimate of
$6.6M for the entire project.
Recommendation
Staff recommends authorizing the Mid - American electrical facilities relocation.
Cc: Rick Fosse, Public Works Director
Ben Clark, Special Projects Administrator
6e7
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240
RESOLUTION NO. 13 -113
A RESOLUTION TO AMEND THE CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE
COMMERCIAL TO HIGH DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a land use and planning policy guide setting
forth a vision, goals and objectives for future development or redevelopment throughout the city and for
preserving valuable assets already present within established neighborhoods and by providing notification
to the public regarding intended uses of land; and
WHEREAS, a component of the Comprehensive Plan is the Central District Plan, which contains policies
and a land use plan map, which is intended to be used as a general guide to future land use and
development in the Central District; and
WHEREAS, the Central District Plan Map depicts the property at 821 E. Jefferson Street as appropriate
for Office Commercial; and
WHEREAS, Jeff Clark has requested that the Central District Plan Map be amended to change the land
use designation of the property at 821 E. Jefferson Street from Office Commercial to High Density Multi -
Family; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed change in the Plan Map
and has recommended that it be approved based on the current Commercial Office designation being
obsolete for this property and the High Density Multi- family designation being compatible with adjacent
land uses providing concerns about neighborhood stabilization are address through a Conditional Zoning
Agreement; and
WHEREAS, the City Council has reviewed the record and held an additional public hearing and has
determined that a High Density Multi - Family designation is the appropriate plan map designation for this
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Iowa City Comprehensive Plan, Central District Plan, is hereby amended to change the land use
designation from Office Commercial to High Density Multi - Family Residential for property located at 821
E. Jefferson Street.
Passed and approved this 9th day of April 2013.
Mayor
ATTEST: >71�iu✓� fi . �k_i'�_A/
City 'Clerk
Approved by:
City Attorney's Office 3I I12
Resolution No. 13 -113
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
C�
To: Planning & Zoning Commission
Item: REZ12 -00030 &
Comprehensive Plan Amendment
821 Jefferson Street
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Robert Miklo
Date: February 7, 2013
Jeff Clark
414 E. Market Street
Iowa City, IA 52245
(319) 631 -1867
Owners: 821 Jefferson LLC
414 E Market Street
Iowa City, IA 52245
Contact Person:
Jeff Clark
Requested Action: Rezoning from Commercial Office (CO -1) to High
Density Multi - Family Residential (RM -44). A
comprehensive plan amendment will be necessary
for this rezoning change.
Purpose: To allow development of a new multi - family building
Location: 821 E. Jefferson Street
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
20,250 square feet
Medical Office / CO -1
North: Residential; RNS -12
South: Residential; RM -44 & RNS -20
East: Residential; RM-44 & RNS -12
West: Residential; RM-44 & RNS -20
Central District Plan shows the property as
Commercial Office.
November 8, 2012
Waived to February 21, 2013
BACKGROUND INFORMATION:
The property at 821 E. Jefferson contains a medical office building, which is currently vacant.
Medical offices were an allowed use in the R3A Zone, which was the zoning designation for this
property when the office building was first built in the late 1960's. When a new zoning ordinance
was adopted in the early 1980's, medical offices were no longer included as an allowed use in the
2
multi - family zones, so a number of the properties that contained medical offices were rezoned to
Commercial Office (CO -1) to avoid creating nonconformities. This was the case for the medical
office at 821 Jefferson Street.
The applicant is requesting to rezone the property from CO -1 to High Density Multi- Family
Residential (RM -44) and intends to take down the existing office building and construct an 18 -unit
apartment building containing 18, one - bedroom apartments. A similar request for rezoning to RM-
44 was considered in 2011. However, the previous request was for a larger apartment building
that contained mostly 3- bedroom units for a total of 41 bedrooms. The Planning and Zoning
Commission recommended denial of that request for rezoning. As a consequence the previous
applicant withdrew the application and did not purchase the property. Subsequently, the current
applicant purchased the property and has submitted a new application for rezoning.
The current building is located in the floodplain of Ralston Creek, which is located just south of the
property. Since residential uses cannot be located within a flood hazard area, the applicant is
proposing to bring in fill so that the building will be constructed out of the flood hazard area. Since
the right -of -way width along Jefferson Street is quite wide, the building will be setback more than
30 feet from the public sidewalk, so the slope created by raising the building will be gradual.
Unlike the previous proposal, there will be no parking within the structure. Parking will be located
to the rear of the building in a surface lot that is accessed from the public alley. A total of 18
parking spaces will be required for this mix of apartments. The applicant has submitted the
attached site plan that shows the footprint of the building and the proposed parking layout.
The applicant chose to use the "Good Neighbor Policy" and held neighborhood meetings. Due to
input at these meetings the applicant made some changes to the site plan to include additional
usable green space and landscaping.
ANALYSIS:
Current and Proposed Zoning: The purpose of the CO -1 zone "is to provide specific areas
where office functions, compatible businesses, apartments and certain public and semi - public
uses may be developed in accordance with the Comprehensive Plan." Similar to many of the
City's commercial zones, the CO -1 Zone allows apartments above ground floor commercial uses.
The residential density allowed in the CO -1 Zone is similar to what is allowed in the Low Density
Multi - Family (RM -12) Zone (1 unit per 2,725 square feet of lot area) with up to 3 bedrooms per
unit. The current CO -1 zoning on this property may allow up to seven apartments to development
above first floor office space. However given the area needed for parking spaces it may not be
possible to achieve that density.
According to the purpose statement in the zoning ordinance, the High Density Multi - Family
Residential Zone (RM -44) "establishes areas for the development of high density, multi- family
dwellings and group living quarters. Properties zoned RM -44 should be located with good access
to all City services and facilities, including public transportation services. Vehicular access and
parking should be designed carefully to ensure efficient traffic and pedestrian circulation on
adjacent streets. Due to the high density permitted in this zone, careful attention to site design is
expected to ensure that buildings are compatible with surrounding land uses and that a quality
living environment will be maintained overtime." In the RM-44 zone one - bedroom and efficiency
apartments are required to have 500 square feet of lot area per unit. Two - bedroom units are
required to have 1000 square feet per unit and three - bedroom units are required to have 1500
square feet per unit. However, the number of apartments and the bedroom mix that can actually
be achieved is limited by the number of parking spaces that will fit on the property.
While the zoning code states that quality design is important in the RM -44 Zone, there have been
concerns expressed since this zoning category was created that the resulting buildings and
3
properties have not always achieved this goal, particularly in those areas close to the University
campus where apartments were largely being built to serve the student housing market. Many of
the complaints and concerns expressed involve dormitory-style apartments with a large number of
bedrooms and bathrooms with little living and dining space or other on -site amenities. Apartment
units with these types of configurations are not very marketable to other populations besides
undergraduate college students. The applicant proposes to address this concern by limiting the
building to one - bedroom apartments.
As shown on the attached location map, almost all the properties on this block are zoned RM-44
except for the subject property and three smaller properties located on the south side of Ralston
Creek that front on Iowa Avenue. Since the immediately adjacent properties to the east, west and
south are zoned RM-44, rezoning the subject property to RM-44 would make it consistent with this
zoning pattern. The property is centrally located with good access to all City services and facilities
and has a variety of transportation options available to residents. The medical office building that
exists on the property has not been updated to current medical office standards and is also at risk
to flash flood events along Ralston Creek. Rezoning the property to RM-44 will create an incentive
for a developer to expend the money to demolish the existing building and to invest in constructing
a new building that is designed to meet current building and floodplain regulations.
Comprehensive Plan: The plan map in the Central District Plan mirrors the current zoning map,
with the subject property designated as office commercial surrounded by high density multi - family
residential and the neighborhood stabilization designations to the north.
A Comprehensive Plan amendment to change the office commercial designation in the Central
District Plan to high density multi - family residential will be necessary if the proposed rezoning is to
be approved. Staff recommends that the Planning and Zoning Commission set a public hearing to
amend the Comprehensive Plan and Central District Plan for the February 21 meeting.
The Central District component of the Comprehensive Plan addresses the existing conditions,
goals and objectives for the subject area on pp. 13 -16 and pp. 20 -22 of the plan. In general the
plan describes the current efforts to create a stable and diverse neighborhood with a balance of
housing options. Goal 1 on p. 20 states, "Promote the Central District as an attractive place to live
by encouraging reinvestment in the residential property throughout the district and by supporting
new housing opportunities." The applicant is proposing to reinvest in the property at 821
Jefferson Street by taking down a 1960's era office building that is obsolete and out -of- character
with the older homes in the neighborhood and replace it with a new multi - family building. The
applicant has submitted the attached elevation drawing of the proposed building. Any new multi-
family building constructed in the Central Planning District must comply with the multi - family site
development standards and is subject to design review. The building must reflect an architectural
style that is compatible with the historic character of the Central Planning District. New buildings
should appear similar to a large house or a small historic apartment building. In staff's opinion the
elevation drawing indicate the applicant's intent to construct a building that is compatible with
other buildings found in the neighborhood.
Goal 2 on p. 20 of the Central District Plan states, "Work to achieve a healthy balance of rental
and owner - occupied housing in the district's older neighborhoods to promote long -term
investment, affordable housing opportunities and preservation of historic homes and
neighborhoods." Objectives f. and g. under this goal state, "f. Explore ways to make more of the
existing and future rental housing in the Central District available to families and other non -
student populations in need of affordable housing, e.g. revisiting occupancy rules and housing
code provisions to discourage or prevent unmanaged dorm -style apartments, supporting efforts
by non - profit housing developers to rehabilitate older housing stock, partnerships between
historic preservation organizations and affordable housing developers, etc. g. Examine existing
zoning rules to ensure that they support housing goals and neighborhood stabilization efforts."
4
Recent amendments to the RM-44 regulations were drafted to help ensure that this zone is
meeting the goal of creating quality living environments for residents and supports overall housing
goals and neighborhood stabilization efforts. The amendments encourage the construction of
efficiency and one - bedroom apartments to increase the marketability of the units to a broader mix
of residents when compared to the three to five- bedroom apartments that were being built in the
RM -44 zone. In staff's opinion, the applicant's proposal to build one - bedroom apartments is
consistent with the goals of the Central District Plan and the recent amendments to the zoning
code that are intended to implement those goals.
Conclusion: It is staff's view that rezoning the property at 821 Jefferson Street will provide the
financial incentive to encourage redevelopment and reinvestment in the property, which currently
contains an office building that is out of character with the older residential neighborhood
surrounding it. Careful design of the building with 18 one - bedroom apartments helps to alleviate
concerns about de- stabilizing the surrounding neighborhood with dormitory-style apartments that
are difficult to manage. Staff finds that the proposed architectural design of the exterior fagade is
complementary to the character of the neighborhood. Staff suggests that if the rezoning is
approved that it be subject to a Conditional Zoning Agreement that requires the design and unit
count be generally consistent with the submitted drawings.
Because of the necessary Comprehensive Plan amendment, this rezoning will need to be
deferred to the February 21 meeting.
STAFF RECOMMENDATION:
Staff recommends that REZ11- 00018, an application to rezone the property located at 821
Jefferson Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM-
44), be approved subject to a comprehensive plan amendment changing the plan map to show
the area as High Density Multi - Family Residential and a Conditional Zoning Agreement that
ensures that design of the building and landscaping will be generally consistent with the submitted
drawings showing 18 one - bedroom apartments.
ATTACHMENTS:
1. Location Map
2. Proposed site plan
3. Architectural drawings
Approved by:
Jeff Davidson, Director
Department of Planning and Community Development
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City of Iowa city
MEMORANDUM
Date: February 21, 2013
To: Planning and Zoning Commission
From: Robert Miklo and Andrew Bassman, Planning Intern
RE: REZ12 -00030 821 E. Jefferson Street
This item was deferred from the February 7 meeting to allow consideration of a
Comprehensive Plan amendment to the change the Central District Plan Map
designation of this property from Office Commercial to High Density Multifamily.
The property at 821 E. Jefferson contains a medical office building, which is currently
vacant. Medical offices were an allowed use in the R3A Zone, which was the zoning
designation for this property when the office building was first built in the 1960's.
When a new zoning structure was adopted in Iowa City the early 1980's, medical
offices were no longer included as an allowed use in the multi - family zones, so a
number of the properties that contained medical offices were rezoned to Commercial
Office to avoid creating nonconformities. This was the case for the medical office at
821 Jefferson Street. The current land use designation contained in the
Comprehensive Plan was based on the presence of a medical office building on this
property.
The medical practice closed at this location three to four years ago. The property was
marketed for office use but attracted no buyers for that use. The existing building is
located within the floodplain of Ralston Creek and does not conform with the current
standards requiring buildings to be elevated above the flood hazard elevation. Given
its age and design the building may no longer be suitable for use as an office building.
The designation of this mid -block property for Office Commercial uses may be
obsolete.
Considering the existing High Density Multifamily land use designation and the other
existing uses in this block, Multifamily may be appropriate provided the policy
concerns regarding neighborhood stabilization can be addressed.
The applicant has submitted a proposal to build 18 one - bedroom apartments on this
property. He has requested RM-44 zoning because it is drafted in such a way that
there is a bonus for the construction of one - bedroom apartments. A type of apartment
that the City has indicated we wish to see produced. The lower density zoning
districts that otherwise would be appropriate in this location would actually permit a
greater number of bedrooms than what is proposed by the applicant.
February 15, 2013
Page 2
The density formula for RNS -20 zoning, which is another logical zone for this area
would likely result in the production of three - bedroom units. Density bonuses for
one- bedroom apartments were intentionally not included in the RNS -20 zone to
avoid creating an incentive to replace historic housing stock with new buildings
containing one - bedroom apartments. Therefore if the property was zoned RNS -20
there would be an incentive to build three - bedroom apartments.
Table 1 lists potential zoning designations for the subject property, along with the
maximum number of units and bedrooms attainable under each zone. Up to 40 one -
bedroom units could be built under RM -44 zoning, even though the applicant has
agreed to limit the number of one - bedroom units in the proposed building to 18.
Table 1: Maximum units allowed at 821 E. Jefferson Street in different 7nnec
Zone
Type of unit
Minimum lot
Maximum number
Maximum number
area per unit
of units
of bedrooms
1- bedroom unit
2,725
7
7
CO -1
2-bedroom unit
2,725
7
14
3- bedroom unit
2,725
7
21
1- bedroom unit
2,725
7
7
RM -12
2- bedroom unit
2,725
7
14
3- bedroom unit
2,725
7
21
1- bedroom unit
1,800
11
11
RNS -20
2- bedroom unit
1,800
11
22
3- bedroom unit
2,700
8
21
1- bedroom unit
500
40
40
RM-44
2- bedroom unit
1,000
22
44
3- bedroom unit
1,500
15
45
Staff believes that the applicant's plan responds to the City's encouragement of the
production of one - bedroom apartments, which are in short supply and are more likely to
attract longer -term occupants. The applicant's proposal also includes floor plans and
amenities which should be attractive to longer -term residents. We recommend approval
of the proposed Comprehensive Plan amendment and REZ11- 00018, an application to
rezone the property located at 821 Jefferson Street from Commercial Office (CO -1) to
High Density Multi - Family Residential (RM -44), subject to a Conditional Zoning
Agreement that ensures that design of the building and landscaping will be generally
February 15, 2013
Page 3
consistent with the submitted drawings and that the building be limited to 18 one - bedroom
apartments.
February 11, 2013
Planning and Zoning Commission
401 E. Washington Street
Iowa City, Iowa
Subject: 821 E. Jefferson St. Rezoning Application
Dear fellow Planning and Zoning Commissioners,
The rezoning application of 821 E. Jefferson provides a major opportunity to address the fundamental cause
of neighborhood instability throughout the University Impact Zone: the preponderance o
residents. The problem is especially severe in the near east side. According to the 2010 U. f short-term
S. Census, renters
make up 94.4% of the 2,989 occupied housing units in Census Tract 16. This percentage is up from 92.5% s
2000 (see attachments). The percentage of residents between the ages of 18 and 24 has i in
74.4% to 80.5% over the same period. ncreased from
In 2010, the age distribution of the 7,267 residents in Census Tract 16 is as follows:
• Percentage of population between 0 and 17: 1.6% (114 residents)
• Percentage of population between 18 and 24: 80.5% (5,854 residents)
• Percentage of population between 25 and 29: 7.5% (546 residents)
• Percentage of population between 30 and 39: 3.8% (278 residents)
• Percentage of population between 40 and 84: 6.6% (480 residents)
Iowa City's Comprehensive Plan addresses the need for more diverse, affordable housing in the central
neighborhoods. In addition to helping revitalize the neighborhoods themselves, doing so would place more
long -term residents within a short walking distance of the downtown and campus, thereby encouraging more
diverse interest in the downtown's many offerings and allowing workers to live near Johnson County's largest
employer, the University of Iowa.
The first housing goal of the 2007 -Central District Plan states: "Promote the Central District as an attractive
place to live by encouraging reinvestment in residential properties throughout the district and by supporting
new housing opportunities." Among the objectives identified under this goal is "Support the effort to create
affordable workforce housing within redevelopment areas." In response to this policy, the UniverCity
Program is deservedly praised for addressing the need for more single - family work force housing
opportunities both east,4nll west of campus. The imbalance of short- to long -term residency, however, is so
severe that the UniverJri program alone cannot solve the problem. Infill development must also address the
imbalance; otherwise, ,r� do ly adds to it.
This brings us to 821 E. Jefferson Street. The current proposal, 18 one - bedroom units, has been developed for
two reasons: 1) in theory, the rent of a one - bedroom unit will not put a long -term renting household at the
same disadvantage they face with units of two or more bedrooms, where up to three unrelated persons can
outbid them; and 2) if a one - bedroom unit is occupied by short-term renter(s), the likelihood of nuisance
behavior may decrease. Thus, despite the additional cost of providing only one - bedroom units (more
bathrooms and kitchens /occupant), the applicant has agreed to this concept, if enough units are allowed
through the rezoning.
The inability of long -term renters to compete with short-term renters for 2- bedroom units reveals where
there is a true housing shortage in the neighborhoods near campus: two or more bedrooms designed for long-
term residency, especially in multi - family housing. While not as common as 2 to 5- bedroom options,
efficiency and one - bedroom units can already be found in the central neighborhoods, as well as other areas in
and near the downtown.
The location and size of 821 E. Jefferson lends itself to providing multi - family work force housing for several
reasons. First, it is located within the UniverCity boundary, which indicates the neighborhood is sufficiently
stable to support long -term residency. Second, multi - family housing borders it on both sides, making single -
family infill development inappropriate. Third, its size, .41 acres, will allow a significant number of units,
giving it sufficient occupancy to establish a neighborhood presence. Under the RNS -20 zoning designation
(which borders the property to the south), staff reported that the property would yield 11 2- bedroom units. If
dedicated to work force housing, this number would be half the twenty-two homes sold thus far on the entire
east side through the UniverCity Program. Perhaps a 10% density bonus could be considered, raising the
number of units to twelve. Since a work force household. living at this location will be less likely to own two
vehicles, the off - street parking requirement could possily be reduced for 2- bedroom units from 2 cars /unit
to 1.5 cars /unit. Fewer off - street parking stalls, if combined with a smaller building footprint, could provide
the opportunity for outdoor spaces such as front porches, rear patios or a shared courtyard.
As I review I9wa City 2030• Comprehensive Plan Update, I am reminded how much emphasis our
Comprehensive Plan gives to the need for diverse housing options in all our neighborhoods. Despite the City's
efforts over the past forty years to achieve some sense of diversity and balance in the neighborhoods near
campus, the 2010 U.S. Census figures and recent events indicate we're far from achieving that goal, especially
east of campus. In the past year alone, 30 more three - bedroom units have begun construction at two sites
near College Green Park. Despite their excellent location, a household of working professionals would most
likely prefer two bedrooms, and in any case would be hard pressed to afford the rent.
In summation, what are the primary advantages to considering work force rental housing units as at least
part of the unit mix at 821 E. Jefferson?
It will offer opportunities for young professionals to live in a residential neighborhood near
downtown and campus.
The College Green neighborhood will welcome the stability and community engagement long -term
residency encourages. Thus far, this neighborhood has not received much of the UniverCity
Program's attention.
The downtown and university campus, which both serve as arts and culture destinations and
employment centers, will benefit from having working families living a short 10- minute walk away.
At our February 21 formal meeting, please consider supporting a motion deferring this item until our March 7
formal meeting and requesting staff to:
1) Discuss with the applicant zoning options that include workforce housing in the conditional zoning
agreement. Such options include rezoning from CO -1 to either RM -44 with a maximum of 18 one - bedroom
units, or RNS -20, with a maximum of 12 two- bedroom units. All two- bedroom units should be designated as
work force housing.
2) Encourage the applicant to continue to discuss with neighborhood residents what would be the most
suitable housing option.
Sincerely,
..y
OUniverCity Boundary '
Building Footprint
UniverCity Property
Owner- occupied & non - rental
Rental < $225,000
Rental >
$225,000
Planning and Zoning Commission
February 4, 2013 - Informal
Page 2 of 6
everything else would remain the same for this standard. She said staff is hoping that will still
meet their goals of bringing sites into compliance over time.
Eastham asked if the idea is that the owner would only have to pay ten percent of the value of
the alteration. Howard gave an example of someone building a new addition costing $100,000,
and there is something on the site out of compliance. She said they would have to do site
improvements of no more than $10,000 (ten percent). Eastham asked if there is a clear way to
communicate this change. Howard said there's no way to know who's planning a project until
they come in for a building permit. She said the Building Department thought this was more
reasonable.
Discussion of amendments to paragraph 14- 4B -4B -12 of the Zoning Code to include new
standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or
the Riverfront Crossings District.
Howard said the City has just adopted plans to revitalize areas in the central part of the city and
while gas stations are essential businesses, there are ways to develop those kinds of uses in a
more urban fashion, one of which is outlined in the Riverfront Crossings Plan. She said staff
feels that there may be projects coming along before the form -based code is ready, and this
amendment is a way of allowing these businesses to go forward but yet having them designed
in a manner that doesn't foreclose achieving the goals of the Comprehensive Plan or the
Riverfront Crossings Plan. She said what is proposed is to require a special exception for Quick
Vehicle Servicing Uses in the two areas mentioned above. She said they will need to insert a
map of the Riverfront Crossings District into the Code. She said because there are already
urban standards for gas stations that are allowed in the CB -5 and CB -2 zones, it seems
reasonable to apply those same standards.
Eastham asked if there was any reason now or in the future to think about the number of
allowed Quick Vehicle Servicing Uses in the Riverfront Crossings or Towncrest Districts. He
asked if perhaps they could limit the number to one per intersection. Miklo said the Plan does
give some guidance to that by identifying locations where they don't want to see these kinds of
uses. Howard said when they do the form -based code, they may want to identify corners where
they don't want to see these kinds of services.
Comprehensive Plan / Rezoning Items
REZ12- 00030: Discussion of an application submitted by Jeff Clark for a rezoning from
Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately for
.465 acres of property located on 821 E. Jefferson Street.
Setting a public hearing for February 21, 2013 to amend the Comprehensive Plan - Central
District Plan to change the land use designation from Office Commercial to High Density Multi -
Family Residential for property located at 821 E. Jefferson Street.
Miklo said these two items are linked in that the Comprehensive Plan needs to be amended in
order for this zoning to conform to it. He said although the Commission can take public
comment on the rezoning itself, staff recommends that the item be deferred until February 21.
He referred to the location map and explained the many zones within the subject block and said
that most of the block was zoned High Density Multi- family (RM -44). He explained that the
subject property is zoned Office Commercial (CO -1) because prior to 1983 the Code allowed
office uses in the multi - family zones. He said at that time offices required commercial zoning.
Planning and Zoning Commission
February 4, 2013 - Informal
Page 3 of 6
Miklo said rezoning the subject property RM -44 as requested would theoretically allow up to 40
bedrooms on the property. He said in this case, staff feels that the parking is going to dictate the
zoning on the property. He said if this zoning is approved, it would be possible to achieve a
higher density than what's being proposed by the applicant. He said given the conditions of the
neighborhood and the neighborhood conservation practices and policies in the larger
neighborhood, staff is recommending that if this zoning is approved it be subject to a conditional
zoning agreement requiring conformance with the plan as submitted to help assure that this
building, which staff feels is a reasonable density for this property, is what actually gets built with
18 one - bedroom units. He said staff recommends making this parcel high density multi - family
and consistent with the rest of the block. Miklo reminded the Commission that about a year ago,
the Code was amended to encourage one - bedrooms. He said some developers themselves are
saying that one - bedrooms are easier to manage and don't have some of the negative
externalities that were experienced with some of the larger apartments. He said staff is
recommending approval of the rezoning of this property subject to a conditional zoning
agreement, with some room for minor design changes as it goes through the design review
process. He said that would be a covenant tied to the land, so if the land were sold or the
structure burned down, those restrictions would still be in place.
Freerks asked if there were balconies on this plan. Miklo said there were on the front facing
Jefferson Street. He said the Code encourages that wherever there are balconies they be on
the street side and not on the sides of the building. He said balconies provide an amenity and
access to the outside, and staff sees it as a positive, especially with a small apartment.
Eastham asked where the air conditioning units are going to be located. Miklo responded that
the plan shows them on the balconies, and that will require minor modification.
Eastham asked about the setbacks and the height of the building. Miklo said the building will be
thirty feet from the curb, and there will be a three feet fill. He said the Building Department feels
this can be done within the thirty -five foot height limit. Eastham asked how that is measured and
Miklo explained.
Eastham asked about the one - bedroom requirements. Miklo responded that the standard is
one - hundred square feet per occupant, and you could potentially have two people per bedroom.
Freerks clarified that there would only be one parking space per unit.
Eastham asked about access to the building from the proposed parking lot. Miklo showed him
on the site plan where there is a ramp on both the front and the back of the building.
Dyer asked if there was an elevator. Miklo said there was not.
Martin had questions about the zoning on the block and Miklo clarified them for her.
Development Items
SUB12- 00015: Discussion of an application submitted by Advantage Custom Builders for a
preliminary plat for Mackinaw Village Part 5, a 8 -lot, 3.95 acre residential subdivision located on
the north end of Mackinaw Drive.
Miklo explained that the larger development of this subdivision and the sensitive areas plan was
approved in 2004, and parts of it have expired. He said the applicant is seeking final plat
Planning and Zoning Commission
February 7, 2013 - Formal
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Chauncey is out of place, and she wants to know more about zoning. Miklo said that the site is
currently zoned Public (P), and in order for it to be developed privately, it will have to be rezoned
to some other zoning classification. He said there would be hearings before this Commission
and City Council before it will be rezoned. Gravitt asked how the property could be turned over
to the Moen Corporation to build, when there's no zoning there. Miklo said the City still owns it.
Gravitt said that the people of the community then could still protest that oversized building. She
said she appreciates the look and the beauty of this little city. She said the people have rolled
over and are so depressed about this decision, and she feels depressed too.
Eastham asked Miklo to explain how requests for rezonings can be initiated. Miklo explained the
three ways that rezonings can occur. The City Council or the Planning and Zoning Commission
can initial a rezoning. He said the most expeditious way to bring the question to the Commission
would be for a citizen to file an application for a rezoning. Eastham asked if a citizen would have
to own the property. Miklo said anyone can apply to have it rezoned.
Del Holland of 1701 East Court Street said he wants to encourage the Commission to try and
guide the City to make sure that the development at the corner of Gilbert and College Streets is
as energy efficient as possible, that it could be a model. He said it seems like the developer and
the proposal so far is not that energy efficient. He said he wants to make sure the Commission
keeps that in mind as they help guide the City in those negotiations. He said they need to be
dealing with these issues right now and here's an opportunity and the City has some say and
he'd like this Commission to help guide the City Council in doing that.
Jan Palmer of 814 Bowery Street said it's the Chauncey building that brings her to the meeting.
She said she would like to understand more about the process. She asked if the City put in their
Request for Proposal that they would accept buildings with the Central Business (CB -10)
designation. She asked what the relationship is between City Council and this Commission. She
asked what real authority the Commission has at this point in this decision.
Freerks explained that City Council always has the final say on rezonings. She said if they vote
against whatever the Commission recommends, the two groups would have a meeting and try
to come to some agreement. Greenwood Hektoen said the Planning and Zoning Commission's
role is to consider these items in detail and make a recommendation to the City Council.
Palmer said that she very much hopes that each and every one of the Commission members
will consider the sensibleness, the appropriateness, and the value and impediment to the larger
cultural climate of Iowa City of this proposal in light of the guidelines that the master plan
created, which to her understanding, would currently mitigate against such a building at this
location. She asked each one of the Commission to make an independent decision, regardless
of whether or not it concurs with the direction that the City Council is moving, because it's very
important to the community and she thinks the Commission owes it to the people of the
community to give the City Council honest guidance whether or not that is popular. She said we
are at a point where the City Council really needs to hear the will of the larger community in
whatever form that takes, and to not have an easy time making decisions that may go against
the larger will of the community. She asked the Commission to use their consciences, their best
judgment and speak the truth to the City Council.
Comprehensive Plan / Rezoning Items
REZ12- 00030: An application submitted by Jeff Clark for a rezoning from Commercial Office
(CO -1) zone to High Density Multifamily (RM -44) zone for approximately for .465 acres of
property located on 821 E. Jefferson Street.
Planning and Zoning Commission
February 7, 2013 - Formal
Page 3 of 13
Setting a public hearing for February 21, 2013 to amend the Comprehensive Plan - Central
District Plan to change the land use designation from Office Commercial to High Density Multi -
Family Residential for property located at 821 E. Jefferson Street.
Miklo showed the Commission on a map where the property is located and explained the
various zones on the block. He said the property became vacant within the last two years and
was put on the market. He said there was an application to rezone this property to High Density
Multi- family (RM -44) a little over a year ago. He said that proposal included a concept plan for
an apartment building with forty one - bedrooms and twenty -nine parking spaces. He said
concerns were raised about that proposal due to the large number of three - bedrooms, and it
was recommended against by the Planning and Zoning Commission. He said the application
was withdrawn before the Council acted on it.
Miklo said the proposal before the Commission now is for RM -44 zoning, and that the applicant
would agree to a conditional zoning agreement that would limit the development on the subject
property to eighteen one - bedroom apartment units. He said there have been changes in the
overall zoning code that would prevent four and five bedroom apartments in the RM -44 zone,
and density is regulated by bedroom versus unit count. He said that up to forty one - bedrooms
are possible given the square footage of the subject property or twenty two- bedrooms or fifteen
three - bedrooms, but those densities likely can't be achieved unless there is structured parking.
He said staff thinks this proposal, as opposed to the previous proposal, does address some of
the concerns the staff, the Commission, and the neighborhoods had. He said the
Comprehensive Plan does encourage the preservation of neighborhoods, but it also encourages
housing that serves a variety of household types, and given the zoning pattern in this block and
with the conditions that the applicant has agreed to, the RM-44 is appropriate.
Miklo showed aerial views of the block and a concept site plan which, if the zoning is approved,
staff would recommend that this site plan be included in the conditional zoning agreement so
that any development on this property would have to adhere to this plan with only minor
adjustments allowed. He said there are requirements in the Code for neighborhood
compatibility, and the plan will have to be reviewed by the design review committee for
compliance with that. He said the building is designed to be similar an apartment building that
would have been built in the early part of the twentieth century, with the first two floors being
brick carried around the first third of the building and the remainder of the building covered in
siding.
Miklo said that staff believes that this plan is generally consistent with the intention of the RM-44
zone and the recent amendments that were passed to encourage a different form of multi - family
housing, including 1- bedroom apartments. He said because the current Comprehensive Plan
shows this as Office, there will need to be a Comprehensive Plan amendment to change that
designation to multi - family or high density multi - family. He said staff recommends approval of
the rezoning but asks that the Commission defer voting until the February 21 meeting when
there can then be a public hearing on the Comprehensive Plan Amendment.
Eastham asked if the surrounding uses in the area that are now zoned RM-44 would be non-
conforming under a less intense zone. Miklo identified properties that would be. Eastham asked
if Miklo could say if there's a substantial issue about spot zoning if this parcel were zoned
Neighborhood Stabilization Residential (RNS -20 or RNS -12). Miklo said that is a possibility
because there is RNS -12 to the north and RNS -20 is a large part of that neighborhood, so he
doesn't think that would be a spot zoning. He said staff had considered what other zoning might
be appropriate here. He said an issue is that the subject property is in the flood plain and the
Planning and Zoning Commission
February 7, 2013 - Formal
Page 4 of 13
building currently on the site is obsolete, and in order for this to redevelop there needs to be
some return on the property and it might take this number of units to accomplish that.
Howard said the RNS -20 zone was explored by several developers. She said when the density
formulas were recently changed for the multi - family zones, one - bedrooms in the RNS -20 didn't
get bonuses so that there wouldn't be a reason to take down more historic buildings that might
be in these areas without more careful study of that option. She said to get that bonus in an
RNS -20 zone, a developer would have to do larger units.
Freerks asked if it would be prudent to add to the Conditional Zoning Agreement (CZA) that
there will be no more than 18 one - bedroom units, because that is not really specified in the
CZA. Greenwood Hektoen said that could certainly be part of the Commission's motion.
Freerks opened public hearing.
Jeff Clark, the applicant, said he had a good neighbors meeting with some of the people in the
area, and he said the general consensus was that they liked it or said it was an acceptable
building for the neighborhood.
Nancy Carlson of 1002 East Jefferson Street said she is at the meeting to talk about green
space in relation to what the City says about it. She read from the City's Comprehensive Plan of
1997 regarding parks and open space and said from 1997 until the present she has been hoping
to see more action in providing more of it. She said she attended the City workshops in 2006
regarding open space for the Central District. She said in 1997 there was already a deficit of
green space in both the Northside and College Green, and none has been added since then but
redevelopment has continued. She read more from the plan. "The Comprehensive Plan
provides a guide for decision - making so that the decisions we make today do not jeopardize our
vision for the future. This enables us to address the needs of the present without compromising
the ability of future generations to meet their needs..." "...The Comprehensive Plan has little
use if there is no clear strategy of action to carry it out." She said the City has spent lots of
money putting these words on pages. She said her trust and her patience are gone. She asked
the Commission if they are part of the problem or part of the solution.
Mike Wright of 225 North Lucas Street said this is clearly better than the last plan he saw for this
site, but he has concerns about development on this property. He said although the plan would
accommodate a space for each unit there is a serious parking problem in this neighborhood for
any non - residents of the neighborhood. He said this development flies in the face of the Central
District Plan, which has among its other goals, achieving a healthy balance of rental and owner
occupied housing in the central neighborhood. He said this is a neighborhood with a rental rate
of more than eighty -five percent. He said he would like the Commission to consider how this
achieves the City Council's stated goal of neighborhood stabilization. He said they really don't
need any more apartment buildings in the neighborhood although he appreciates Mr. Clark's
efforts. He said the RM-44 to the west of the subject property has in particular been a trial, and
he would ask the Commission to consider if we need any more trials placed on a neighborhood
that is seriously in jeopardy.
Miklo said that staff had looked at the question of what would be possible on this site with a
lower multi - family designation, like Low Density Multi- family (RM -12) or RNS -20. He explained
that more units would be possible with each of those zonings than what is being proposed. He
said the staff feels that the applicant's willingness to limit this to eighteen units justifies the RM-
44 zone. He said that given the expense of removing the existing building on this site it would be
Planning and Zoning Commission
February 7, 2013 - Formal
Page 5 of 13
unlikely for someone to develop single family homes on this location, so staff feels that multi-
family is a reasonable land use in this location.
Eastham asked about the economic feasibility of RNS -12. Greenwood Hektoen cautioned
against statements about the economic return on the investment and said those should be
directed to the applicant.
Freerks closed public hearing
Weitzel moved to defer this item
Thomas seconded the motion.
Weitzel said he would like staff for the next meeting to address some of the green space issues.
He said they often hear that infill development is not what triggers green space issues but many
statements from the Comprehensive Plan suggest otherwise. He said they also hear that
because the City isn't interested in attaining more parkland we don't want to add more green
space.
Eastham said he agrees with Weitzel. He said there is an extensive discussion about green
space in developed areas in the Central District Plan especially. He said he would like to see
more discussion about that in relationship to the development of this parcel.
Freerks said she would like to know more from the staff about the limitation to 18 units.
A vote was taken and the motion carried 7 -0.
Eastham moved to set a public hearing for February 21, 2013 to amend the
Comprehensive Plan - Central District Plan to change the land use designation from Office
Commercial to High Density Multi - Family Residential for property locate at 821 E.
Jefferson Street.
Martin seconded.
A vote was taken and the motion carried 7 -0.
Development Items
SUB12- 00015: An application submitted by Advantage Custom Builders for a preliminary plat for
Mackinaw Village Part 5, an 8 -lot, 3.95 acre residential subdivision located on the north end of
Mackinaw Drive.
Miklo said this property was preliminary platted as part of Mackinaw Village Subdivision in 2004.
He said the previous owner final platted much of the subdivision but not this Part 5, so it has
expired. He said there is a planned development on the same property that did not expire. He
said the applicant is adding one lot to the plan. He said this is not adding any lots when
compared to the previously approved planned development. He said that required a buffer strip
to be planted with trees along the interstate. He said the applicant has agreed to move that tree
buffer closer to the house sites than where it was previously planted and to include faster
Planning and Zoning Commission
February 21, 2013 - Formal
Page 2 of 14
developments at College and Gilbert Street and also what parts of the Comprehensive Plan he
thought were relevant to this Commission's consideration. He said he could talk to her about
procedural things, and he also suggested that she contact the Planning staff. He told her that
the 2030 Comprehensive Plan update will be on the agenda March V and that update includes
the area she is referring to. He said he indicated he probably shouldn't be discussing parts of
the Comprehensive Plan that are relevant until it comes to public discussion.
Miklo added that the current land use plan in place now shows that area as Public. He said the
land use map that the Commission will be getting from staff next week as part of the
Comprehensive Plan will show that area as Commercial to indicate the direction that City
Council has given in terms of their decision to put it on the market as a commercial property. He
said the land use map, unless the Commission advises otherwise to the Council, will show the
property as Commercial rather than Public. He said staff recommends this item be deferred to
March 7`n
Eastham asked if the update is available now to the public. Miklo said they will put a draft online
next week.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to defer public hearing on an amendment to the Comprehensive Plan to
adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030."
Swygard seconded.
A vote was taken and the motion carried 6 -0.
Comprehensive Plan / Rezoning Items
Public hearing to amend the Comprehensive Plan - Central District Plan to change the
--� land use designation from Office Commercial to High Density Multifamily Residential for
property located at 821 E. Jefferson Street.
Miklo said this property is currently Office (CO -1) while the properties on three sides are High
Density multifamily and the properties to the north are Neighborhood Stabilization, and the
properties in the surrounding area are Neighborhood Stabilization Medium Density. He said the
reason the office use is shown on the Comprehensive Plan is because that is what's been there
since the 1960s. He said given its position midblock, the fact that the property is in the flood
plain, and it's an older office building that hasn't been kept up to date with modern technology,
staff feels that the Office designation may be obsolete in this location, and it would be
appropriate to change it to another designation. He said given the configuration of the block and
in conjunction with the applicant's zoning request, staff feels it would be appropriate to
designate this for high density multifamily, provided that some of the other concerns in the
Comprehensive Plan or policies in the Central District Plan are addressed like trying to achieve
different balances of housing in the areas in terms of longer term rentals and owner occupied.
Miklo said the applicant has proposed eighteen one - bedroom units, and the reason for the High
Density Multifamily (RM -44) request is because that is one of the few zones where a bonus is
provided for one - bedrooms. He said the lower density zones that would seem appropriate here
could actually result in more bedrooms. He said a Neighborhood Stabilization (RNS -20) zone
could result in up seven three - bedroom apartments with a total of twenty -one bedrooms, but
Planning and Zoning Commission
February 21, 2013 - Formal
Page 3 of 14
would only allow seven one - bedrooms. He said given the applicant's plan and agreement to a
Conditional Zoning Agreement (CZA) that would put some limitations on the design units, staff
believes that the RM -44 zone would address some of the issues raised in the Comprehensive
Plan about trying to encourage longer term apartments and one - bedroom apartment versus
multi- bedroom apartments.
Miklo said the Commission had asked him to address the issue of open space. He said the
Central District Plan recognizes that open space is in shorter supply in this district. He said for
new subdivisions the Open Space Ordinance is in place, requiring consideration of new parks.
He said it will be difficult to achieve new open space in the Central Planning District because it's
a built up neighborhood where there are very few new subdivisions, the cost of land is higher,
and the configuration of some areas doesn't lend itself to a park -like setting. He said this area is
well served by some of the larger, community -wide parks like Hickory Hill Park, City Park, and
the open space along the riverfront, and in the southern part of the Central Planning District the
City is proposing the riverfront park as part of the Riverfront Crossings District. He said the
subject area does have better access than other parts of the city to the larger city -wide parks.
He said the City has invested in the existing open spaces in the area such as North Market
Square Park and College Green Park. He said the question of open space is difficult to address
adequately in a built -up neighborhood such as this.
Miklo said at this point staff is recommending rezoning of the subject property with conditions on
the rezoning that would tie it to the plan showing eighteen one - bedroom units.
Freerks asked if with the RM -44 zoning this property could have forty one - bedroom units. Miklo
said that would be true if you do not put conditions on it. He said that many units would require
structured parking. Freerks asked if that could be done with structured parking. Miklo said it
could, but cost -wise may not be feasible.
Eastham asked if the RNS -20 were to be considered could the number of units and the number
of bedrooms be limited by a CZA. Miklo said it would be if the applicant agreed to those
conditions.
Freerks opened public hearing.
Mike Wright of 225 North Lucas Street acknowledged Jeff Clark's cooperation in working with
them and his transparency. He said their neighborhood currently has about eighty -five to ninety -
five percent rentals, most likely the majority of which are short-term, which flies in the face of the
Central District Plan's discussion of trying to come up with a healthy balance of renters and
owner - occupiers. He said he realizes that the City has no incentives to work with developers to
work within the Comprehensive Plan to achieve that balance. He said the proposed units will
probably mostly be short-term rentals and too high priced to qualify as work force housing He
said unless there could be a CZA to make a portion of this work force housing he doesn't know
realistically what else is going to come along for this property. He said there are flaws in this
project, and he can't quite bring himself to support it.
Nancy Carlson of 1002 E. Jefferson Street said she's saddened watching the Dewey Street
neighborhood at Planning and Zoning meetings, because it reminds her that her neighborhood
was also committed and united when they came before the Commission to get their
neighborhood rezoned. She said they were workforce people who loved the neighborhood. She
said the Dewey Street neighborhood has both owners and long -term renters. She said because
of the zoning rules and regulations, her neighborhood has consistently been degraded to the
point where the majority of residents are short -term renters. She said if the Commission and the
Planning and Zoning Commission
February 21, 2013 - Formal
Page 4 of 14
City are only interested in zoning, it's a simple issue, but if the Commission cares about quality
of life, if they want to support the fact that in the Comprehensive Plan it says that the City of
Iowa City is a community of neighborhoods and they take that term seriously, then the city
needs long -term renters. She said the people who care about and are committed to the
neighborhoods are long -term residents, not short-term renters.
Jeff Clark of 414 E. Market Street said he has tried to present a plan that would accommodate
long -term occupants. He said that one - bedroom occupants are likely to stay longer. He said the
CO -1 would allow up to seven three - bedrooms on it but it would have to have commercial on
the main level, and commercial is not going to be viable at that location. He said there will be
more green space with the plan he is presenting. He said he is asking the Commission to
approve it.
Freerks asked Clark if he has ever thought about work force housing with the City or would think
about doing it in general. Clark said many of the work force housing projects that are coming
through are taking on grants and Tax Increment Financing (TIF) and that's not something that is
available for this project. He said if there was Tax Increment Financing put towards these
projects, there's a good possibility that there would be a likelihood for future projects, but at this
point there's no free money coming at them and there's a cost to build them. Freerks said it's
more of a community commitment because it's public funding, and it's everyone's money that is
being put toward them. She said many of the areas near downtown are at eighty -five to ninety -
five percent rentals, and that really is not an acceptable percentage. She said she completely
understands what the previous speakers are saying about neighborhood and community, and
she's not sure how you take care of that with all the university students. She said this can't be
accomplished without the university stepping up to the plate as well and offering more housing
for the undergraduates.
Martin asked what constitutes work force housing. Miklo said it would be housing that is
affordable to professions such as teachers, firefighters, police officers. Freerks added that it
would be people making sixty to 120 percent of the median income. Miklo said it could be either
rental or owner occupied. Freerks said it's also so people can live close to where they work.
Miklo said the City released a Request For Proposal (RFP) for work force housing in conjunction
with the parking facility that was planned for the St. Patrick's lot. He said they did not get much
response. He said they are also working with some State funding programs to help produce
some new one - bedrooms and efficiencies that would be available for rent at a level that would
affordable in that price range.
Eastham said one of the aspects of work force housing is that it tries to provide housing for a
specific population group that generally does not include short-term renters or households
where the members of those households are full -time students. He said there are a number of
publically funded programs which have that as an explicit part of the qualifications. He said
there's nothing that says that limiting occupancy to people who are not full -time students can be
an entirely separate, stand —alone requirement. Freerks said she's not sure they can do that.
Miklo said if the issue of work force housing is going to be addressed in the zoning ordinance,
which some communities do, it would have to be something like inclusionary zoning, so putting
it on one individual property is not the route to take.
Eastham said it eventually comes down to putting it on one individual property. Greenwood
Hektoen said the State Code allows them to attach conditions to a rezoning that are to address
specific needs generated by this particular rezoning, and she does not believe they can say that
workforce housing is being generated by this proposed zoning.
Planning and Zoning Commission
February 21, 2013 - Formal
Page 5 of 14
Freerks said that to add workforce housing is a process that has to start before this point. She
said if someone wanted to pause and look into it would be something to think about, but that's
not a stipulation the Commission can attach here.
Miklo said he heard some frustration about the fact that the City has a Comprehensive Plan that
identifies some of these concerns and the City doesn't have the tools to address it. He said he
pointed out that the City has done several things over the years to address those concerns in
terms of neighborhood stability. He said they created the Neighborhood Stabilization Residential
(RNS -12) zone. changed the occupancy limits to three unrelated persons, worked with the
University on the UniverCity partnership program, applied conservation districts and historic
districts, and made amendments to the occupancy standards and incentives for one - bedroom
apartments. He said staff sees this application as a response to exactly what the City said it
wanted, including one - bedroom apartments, and more open space.
Eastham asked if he had any information about what the effect of those various measures has
been. Miklo said it's been positive, because prior to the Neighborhood Stabilization zoning in
this neighborhood homes were being taken down or converted to multiple units, and that has
now stopped, the nearby conservation district has resulted in buildings that better fit
architecturally into the neighborhood, and recent Code amendments have addressed the issue
of four and five- bedroom apartments. He said there have been a lot of positive changes but the
question is whether they have gone far enough.
Freerks replied that they probably haven't, with the high percentage of rentals, but she would
hate to think of what it would be like if all that Miklo referred to above hadn't occurred. Miklo said
not every infill development is going to be suitable for single family, and staff feels this is one of
those locations.
Pam Michaud of 109 South Johnson said she is really concerned about affordable housing. She
said she has heard of other landlords requiring two year leases, and she feels this might attract
quieter, more stable residents. She thinks the proposed project is not a bad one.
Freerks closed public hearing.
Swygard moved to recommend approval of an amendment to the Comprehensive Plan
Central District Plan to change the land use designation from Office Commercial to High
Density Multifamily Residential for property located 821 East Jefferson Street.
Dyer seconded.
Freerks said that forty bedrooms based on the proposal the Commission saw last year is not
what they want to see here. She said she also knows that this isn't what most people here want
to see at this location but CO -1 is not viable here, and it needs to change to something. She
said she, too, is conflicted about it in some ways but a label does have to be attached to this
piece of property at this time.
Martin said the zoning has weighed heavy on her too. She said she asked herself if this is a
zoning that allows a lesser evil. She said she thinks she could be comfortable with rezoning with
conditions.
Eastham said he agrees that continuation of CO -1 for this parcel is not in anyone's interest. He
said he thinks the designation of high density, multifamily residential is at least okay since it
Planning and Zoning Commission
February 21, 2013 - Formal
Page 6 of 14
doesn't imply that the eventual rezoning for this parcel is going to be High Density Multifamily
(RM -44).
Swygard said she doesn't have anything to add that would be contrary to what she's heard so
far. She said she agrees that the current zoning doesn't work.
Dyer said given the constraints, history, and the turnover and design for the property, perhaps
the best use for this land is being proposed.
Weitzel said they are seeking a diversity of housing types and options and he thinks all one -
bedroom units is a new niche in this area. He thinks that the Comprehensive Plan supports it,
and if you look at the existing zoning in the area it supports High Density Multifamily (RM -44.)
A vote was taken and the motion carried 6 -0.
REZ12- 00030: Discussion of an application submitted by Jeff Clark for a rezoning from
Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for
approximately .465 acres of property located on 821 E. Jefferson Street.
Miklo reminded the Commission that he had delivered the staff report on this application at last
week's meeting. He said the issues are basically the same as the Comprehensive Plan issues.
He said staff recommends approval of the rezoning subject to a Conditional Zoning Agreement
(CZA) that would ensure that the design of the building and landscaping will generally be
consistent with the submitted drawings, and the building will be limited to a maximum of
eighteen one - bedroom apartments.
Swygard asked if the air conditioners on the balconies will be seen. Miklo said they are
somewhat screened. He said he believes these will require minor modification, which is
approval that goes through the Building Department.
Martin asked if RM -44 is the zoning, even with conditions, and the building is destroyed by an
act of nature, could someone come in and build 40 units. Miklo said the CZA supplements the
underlying zoning and runs with the property. He said to change the agreement would be the
same act as rezoning, which would require coming back before the Commission and getting
approval by City Council.
Eastham asked if the CZA specifically has to refer to the number of units in the building. Miklo
replied that it would be a maximum of eighteen one - bedroom apartments.
Freerks opened public hearing.
Freerks closed public hearing.
Freerks read from a letter by absent Commissioner John Thomas. John Thomas talked about
the goals of the Central District Plan, which include 1) working toward a healthy balance of long -
to short-term housing in the district's older neighborhoods, and 2) supporting efforts to create
workforce housing. These are critical aspects to stabilizing and revitalizing our central
neighborhoods, and will also improve the balance in the downtown. Open space goals include
creating private usable green space in multi - family development. He provided 2010 U.S Census
data showing that 94% of the College Green neighborhood is rental and 80% of the resident
population is between the ages of 18 and 24. These figures are up from 2000, when the
Planning and Zoning Commission
February 21, 2013 - Formal
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neighborhood was 92% rental and 74% were between the ages of 18 and 24. He asked, at what
point do we decide a neighborhood cannot afford more short-term residents, unless new
housing opportunities for long -term residents are provided in equal or greater numbers
elsewhere in the neighborhood? He cited the UniverCity Program and said it is not adequately
scaled to address the scope of the existing imbalances in the near east campus area, and
doesn't address the shortage of long -term rentals. He stated with our current zoning, work force
housing is the only way to ensure that infill development in the areas near campus will provide
affordable workforce housing and that, absent a larger neighborhood stabilization strategy
aimed at addressing the housing imbalance, workforce housing at 821 E. Jefferson would at
least be a start in that direction.
Dyer moved to recommend approval of REZ12- 00030, an application for rezoning from
Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for
approximately .465 acres of property located 821 East Jefferson Street subject to a
Conditional Zoning Agreement requiring that the design of the building and landscaping
will generally be consistent with the submitted drawings, and the building will be limited
to a maximum of eighteen one - bedroom apartments.
Weitzel seconded.
Swygard said she believed that the applicant has worked with the neighborhood, which is much
appreciated, learned a lot about the area in doing that, and made a good attempt at working
with the City regarding the incentives for the one - bedroom apartments. She said she thinks this
area, between two apartment complexes, is not suitable for single family homes, so an
apartment complex is most appropriate here. She said she appreciates the emphasis on work
force housing, although she's not sure how that can be achieved at this stage with this property.
She said she will be supporting this rezoning.
Dyer said she had nothing to add.
Martin said her comments are the same as from the Comprehensive Plan discussion.
Eastham said it's clear that the Commission and the neighborhood would prefer to have a
development that encourages longer term residents. He said he has nothing against students
wanting to live in apartments, and in the Riverfront Crossings Plan they made considerable
efforts to ensure that there is adequate rental housing for students. He said the increase in the
number of younger residents in this area in the last decade bothers him, because he knows they
have done a number of things, which Miklo summarized earlier in the meeting, to improve the
opportunities for longer -term residents to choose to live in these neighborhoods. He said it's
quite possible that those efforts aren't working very well. He said he does appreciate the
applicant's interest in having one - bedroom units, which some longer -term residents may be
interested in, but he's not sure that's going to pan out. He said personally he thinks that some
two - bedroom units might be more attractive to younger professionals in this area. He said he
thinks that one of the best uses for this property would be as a neighborhood park. He added
that he's been in many communities that spend a lot of money on community parks.
Freerks said in order for other communities to do that the community has to have an investment
and an ability to want pay to purchase that property. She said there are other ways to introduce
green space and amenities that bring people into a community and make them want to be your
neighbors long -term. She said one way is roof -top gardens, which surprisingly hasn't been
achieved yet here, and other things that use space in a way that is creative but allows for the
parking. She said there has to be a bigger commitment to green space on a smaller scale in
Planning and Zoning Commission
February 21, 2013 - Formal
Page 8 of 14
neighborhoods, and that's a conversation that needs to be had with City Council so they know
that this void and deficit exists. Freerks said it's a void that has been documented in these
neighborhoods, and squeezing more large buildings like the one to the west of the subject
property that completely obliterate the lot doesn't do anything to add to the neighborly
functionality of the area. She said lot size and square footage are things that the Commission
should readdress and are things they have talked about before that haven't been achieved
when they have done changes on the Code, and maybe they need to go a little bit further or
figure out other ways to make these neighborhoods livable.
Eastham agrees that having green space in these neighborhoods would make them more
attractive to longer term residents. He said he's not sure about buying into this proposal right
now. He said he thinks there are better proposals they can come up with for this parcel. He said
paying attention to what happens to infill parcels makes a huge difference in how these
neighborhoods continue over time. Freerks said it's a tough lot, dealing with the evils and
mistakes that occurred around it. She said she always has to think about what can be achieved
in an area in a timely manner before something else might happen. She said the one - bedroom
units don't do anything for long -term rentals necessarily, but it's something the Commission has
asked for and it's something to try on this parcel. She said she thinks they have a ways to go in
how they deal with infill and redevelopment and how they create work force housing and how
they create long -term residents in the near neighborhoods, and she thinks that is something
concerned people need to bring up with City Council members.
Dyer said one possibility would be not to tie the leases for properties to the academic calendar,
which would make it harder for students to rent.
Weitzel said so much of what is being discussed is not something they deal with on this
Commission. Freerks said she thinks density is where it's at. Weitzel said the CZA in this case
is keeping density below what it would be otherwise.
A vote was taken and the motion carried 5 -1, with Eastham opposed.
Freerks said she appreciated Clark working with the neighbors, and she thinks that needs to be
done more often, which might result in a better outcome before it gets to the Commission.
Setting a public hearing for March 7, 2013 to amend the Comprehensive Plan- Central
District Plan to change the land use designation from Multifamily to General Commercial
located at the southeast corner of the intersection of Highway 6 and Broadway Street.
Miklo said this accompanies REZ13 -00005 because it's currently designated for high density
multifamily. He said if the rezoning is to be approved the Commission will have to amend the
Comprehensive Plan.
Swygard moved to set a public hearing for March 7 to amend the Comprehensive Plan -
Central District Plan to change the land use designation from Multifamily to General
Commercial located at the southeast corner of the intersection of Highway 6 and
Broadway Street.
Eastham seconded.
A vote was taken and the motion and the motion carried 6 -0/
M
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240
RESOLUTION NO.
A RESOLUTION TO AMEND THE CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE
COMMERCIAL TO HIGH DENSITY MULTI - FAMILY FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET.
WHEREAS, the Iowa City Comprehensive Plan serves as a use and planning policy guide setting
forth a vision, goals and objectives for future development or r evelopment throughout the city and for
preserving valuable assets already; present within established T ighborhoods and by providing notification
to the public regarding intended usos of land; and
WHEREAS, a component of the C mprehensive Plan is the ntral District Plan, which contains policies
and a land use plan map, which is ntended to be used as a g neral guide to future land use and
development in the Central District; and
WHEREAS, the Central District Plan`(Vlap depicts the property at 821 E. Jefferson Street as appropriate
for Office Commercial; and \\ J
WHEREAS, Jeff Clark has requested th the Central Distr ct Plan Map be amended to change the land
use designation of the property at 821 E. Von rom Office Commercial to High Density Multi -
Family; and
WHEREAS, the Planning and Zoning Comviewed the proposed change in the Plan Map
and has recommended that it be approved current Commercial Office designation being
obsolete for this property and the High Denly designation being compatible with adjacent
land uses providing concerns about neighbation are address through a Conditional Zoning
Agreement; and
WHEREAS, the City Council has reviewed the r ord d held an additional public hearing and has
determined that a High Density Multi - Family d ignation 's the appropriate plan map designation for this
property.
NOW, THEREFORE, BE IT RESOLVED THE CITY CO NCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Iowa City Comprehensive Plan, 91entral District Plan, is he by amended to change the land use
designation from Office Commercial o High Density Multi -Famil Residential for property located at 821
E. Jefferson Street.
Passed and approved this Z _day of , 2013.
Mayor
ATTEST:
City Clerk
r vY
Approved by:
City Attorney's Office
tiLL�
6k
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB13- 00002)
RESOLUTION NO. 13 -114
RESOLUTION APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA
CITY, IOWA.
WHEREAS, the owner, Advantage Custom Builders, filed with the City Clerk the final plat of
Mackinaw Village Part Five, 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 "D" OF MACKINAW VILLAGE - PART TWO, TO IOWA CITY, JOHNSON COUNTY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48 AT
PAGE 108 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID
OUTLOT "D" CONTAINS 3.95 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
(2013) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above - described real estate 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. 13 -114
Page 2
Passed and approved this 9th day of April
ATTEST: ��/- 7<7�-
CITY bLERK
It was moved by Mims
adopted, and upon roll call there were:
2013.
6251hr— E
• D-
Approved by
City Attorney's Office
and seconded by Payne the Resolution be
AYES: NAYS: ABSENT:
g Champion
X Dickens
% Dobyns
x Hayek
g Mims
g Payne
Throgmorton
pcd /templates /SUB13 -00006 Mackinaw pt 5 RESOLUTION draft.doc.doc
1�
STAFF REPORT
To: City Council Prepared by: Andrew Bassman, Planning Intern
Item: SUB 13-00006 Mackinaw Village Pt. 5 Date: April 3, 2013
GENERAL INFORMATION:
Applicant: Advantage Custom Builders
740 Liberty Way, Suite 1
North Liberty, Iowa 52317
337 -4195
gsiders @sgdev.net
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
60 Day Limitation Period:
BACKGROUND INFORMATION:
Final plat approval
Residential subdivision into 8 lots
Mackinaw Drive
3.95 acres
Undeveloped (OPD -5)
North: Interstate 80
South: Residential (OPD -5)
East: Vacant, Interim Development (ID -RS)
West: Residential (OPD -5)
March 14, 2013
May 13, 2013
The applicant, Advantage Custom Builders, has requested approval of a final plat for Mackinaw
Village Part 5, an 8 -lot, 3.95 -acre subdivision located between the north end of Mackinaw Drive
and Interstate 80. An amended preliminary plat for Mackinaw Village Part 5 was approved earlier
this year.
ANALYSIS:
The final plat is in general conformance with the approved OPD plan preliminary plat and
subdivision regulations. 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.
STAFF RECOMMENDATION:
Staff recommends approval of SUB13- 00006, the final plat of Mackinaw Village Part 5, a 3.95 -
acre, 8 -lot residential subdivision located at the north end of Mackinaw Drive subject to staff
approval of construction plans and legal papers.
ATTACHMENTS:
1. Location Map
2. Plat
Approved by:�- '
Robert Miklo, Senior Planner,
Department of Planning and Community Development
PCD \Staff Reports \subl3 -00006 mackinaw village pt. 5 final plat staff report.doc
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Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -115
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST ALSAFA
MARKET
WHEREAS, on December 19, 2012, an employee of Alsafa Market, 731 S. Riverside Drive, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Alsafa Market was a retailer as defined by Iowa Code §
453A.42; and
WHEREAS, pursuant to Iowa Code § 453A.22(2) and § 453A.47A(11), a retailer shall be
subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code §
453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Alsafa Market and at said hearing the City Council heard the facts of the
violation and the arguments of the retailer, if any; and
WHEREAS, this violation is the first such violation of an employee of Alsafa Market within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civil penalty in the amount of $300.00 against Alsafa Market.
BE IT FURTHER RESOLVED, that said retailer has three months from the date of this
Resolution, up until and including July 10, 2013, to pay the civil penalty in full, and if the civil
penalty is not timely paid any applicable permit held by the retailer shall automatically be
suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST: Lal�Ce2� 7�
City Cork; City of Iowa City
Resolution No. 13 -115
Page 2
It was moved by Dobyns and seconded by Pa
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
—x
ICWd3
ABSENT:
the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.00 CIVIL PENALTY /S.Riverside FA
MARKET
WHEREAS, o December 19, 2012, an employee of Alsafa Mar Drive, Iowa
City, violated to Code § 453A.2(1) by selling or providing tob
WHEREAS, at the timb�of this violation Alsafa Market was a
453A.42; and �eiler as defined by Iowa Code §
/
WHEREAS, pursuant to low Code § 453A.22(2) and V4 A.47A(l 1), a retailer shall be
subjected to a civil penalty of 00.00 as a result of it ye violating Iowa Code §
453A.2(1), after a hearing and pr er notice; and
WHEREAS, a hearing was held on t is date by t ity Council to determine whether to assess
the civil penalty against Alsafa Marke and at d earing the City Council heard the facts of the
violation and the arguments of the retai r, if y and
WHEREAS, this violation is the first such tion of an employee of Alsafa Market within a
two year period to be considered by the C' ouncil under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOL!.n'al�hn D`BY HE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and a pursuant to Iowa Code § 453A.22(2) and §
453A.47A(11) hereby imposes a civi t amount of $300.00 against Alsafa Market.
BE IT FURTHER RESOLVED, t t said retailer has enty (20) days from the date of this
Resolution to pay the civil penal in full, and if the ci ' penalty is not timely paid the applicable
permit held by the retailer shall tomatically be suspen d for a period of fourteen (14) days, in
addition to the $300.00 civil ve alty.
BE IT FURTHER RESOL`
Johnson County Attorney's
cigarette permit holder via
on the application for a ret,
PASSED AND
Mayor, City of Io* City
f
P, that the City Clerk will forty
►ffice, which will then provide a
;ular mail sent to the permit hot
cigarette permit.
ATTEST:
a copy of this Resolution to the
ry of the same to the retail
� place of business as it appears
City Clerk, City of Io a City
;x
❑ T-CIW ---- - - - - -- COMPLA 14T i - - - -- ❑ RES NON -RES �
10wA UNIFORM crrAnoN Ai4D C0WLAn4T ❑ HIS ,NON -HIS
❑ OCR &R IOWA CITY POLICE DEPARTMENT ARMED ❑ YES'❑ NO
� I �.� �.��3�
PLAINTIFF: NC#
State of Iowa
0 County of JOHNSON No.:
❑ City of: �
IOWA CITY
In the Court at 417`8• CLINTON STREET, JOHNSON COUNTY COURTHOUSE.
VS.
NAME:
Defendz
Address
City o
,~. J -iI rg h
Last Ft
7 C C--
a3
DL Class DL End
nnn i'J l CS I I G% Race__L-
State LIP
State � Cu. #
1L Rest DL /State ID Viewed? Ye� No ❑
_Ethn.H /U Sex �,° Wt�
The undersigned states that on or about at
defendant n AM JJPM
Mo. �DYr. defendant did unlawfully: 1�� e- Y,
Operate Motor Nrehicle /Boat (describe)
CDL Req? Yes ❑ No ❑ Pass End.-Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No❑
Reg. # rate
Upon a public highway at 73
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic - ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks ❑Tobacco
o(Scheduled `r o/Fine $ J ❑ Road Construction Zone
❑ N Scheduled Violation
3 r- on
❑ Court Appearance Required (805.10)
Surcharge $ / Reason:
Do Court Costs $
O a ❑ P.I. ❑ P.D. ($1000) Accident
+ q ❑ Fatal Accident
Total Fine/Costs $ % (� . ❑ Civil Damage Assessment
Not Lj �(y�
Violation
/J)I y� L� QeGe.o v'/ l+ler
Write Speed In Zone -Sec. # °� IA Code
DATA CODE Fed/Adm. Code Local Ord.
In I certify under penalty of perjury and pursuant to th laws of the State of Iowa that the
preceding is true and correct l `6
This a 1 e, C. lea- p� 1
Dated M 'b. Da Yr. Offs 's Signature 1D No.
Y
Space
Court Dateif you must appear in court or if you choose to appear to answer a charge
liclidoes not require an appearance, report to the aj�pve named court on: .
at AM ❑ PM
Mo. Day Yr.
NOIICEF- viding false information is a violation of Section 719.3 df the Code of
Iowa and is punishable as an aggravated misdemeanor.
Myy signature below is not a plea of guilty, but acknowledges all of the following:
I. l hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2. I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
Th e following applies to simple misdemeanors only-
3. j
P
3. I hereby give my unsecured appearance bond in the amount of 2 dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs.
SignatmeofD cndant
a--- -- ------------ - --- -- -- ---- - - - --i
L
`� 7
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -116
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST HOOKAH COVE
WHEREAS, on December 19, 2012, an employee of The Spirit Tobacco and More d/b /a Hookah
Cove, 357 E. College Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing
tobacco to a minor; and
WHEREAS, at the time of this violation Hookah Cove was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Hookah Cove and at said hearing the City Council heard the facts of the
violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Hookah Cove within a two
year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Hookah Cove.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa Cry\-
ATTEST:Y(c�ixJ�tr.(�
City C 6rk, City of Iowa City
Resolution No. 13 -116
Page 2
It was moved by Payne and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
— x Dickens
— 7 Dobyns
x Hayek
x Mims
— x Payne
x Throgmorton
❑ RES ANON -RES
❑ T -Ciw ON-HIS
❑ OC ❑ S-CUR IOWA UNIFORM CITATION AND COMPLAINT ❑HIS �"��
IOWA CITY POLICE DEPARTMENT. 'ARMED 0 YES ❑ NO
PLAINTIFF:
Ic -2160-177
�K51ate of 10- 1# - -- N::.: —
O City of: IOWA CITY -- --
ft, the CUNT- CUNT- STH=EL- JO- UKON- C_o- WT-Y—Co""T
_ QUSE —_
vs. 1 NAME: Ftr4
-
.DcfendallL Last / t
Address — Zi
State- p-7� p
City j 3 � � % /�, 3 State�5 Cu. #
S DL ' >
�� DL End DL Rest. �` DL iState ID Viewed'? Yes❑ Not
DL Class L4 Sex�Ht• 3
t%ti' Ethn. _9
DOB j Race w�sniniu I� U >
at51 -- -0 AM RPM
The undersigned states that on or about Mo. Day 'Yr.
_))
dcfcndant did unlawfully:
Operate Motor Vehicle/Boat (describe)
CDL Req? Yes❑ No❑ Pass End. Rey? Yes❑ No❑ HazMat End car Yes❑ No[]
State Year- -
Upon a public highway aI
Located in the county and state aforesaid and did then and there comtntt the following offense.
❑Traffic 0 Navigation 0 Snowmobile /ATV ❑Fish -Game ❑Parks ❑Tobacco
) 0 Fm ml t.•e;!:raJi-n, tigtt Ct,ttC
i .�C.�il:•�It�l`.'.11. \, i•i't'It:f' ......( _ —. -- —_
. _ f1 idcu,- S,:Itedak•1 \.inlation
❑CouttA.ppearartr Pequired(505.10)
Surcharge
E] P.I. ❑ P.D. (51000) Accident
Do Court Costs El Fatal Accident
❑ Civil Damage Assessment
Not l
��liAG'tYff" v >th�✓
Violation 5 IA Code
write Spced In Zone -Scc. #
DATA CODE
FedJAdm. Code Local Ord.
in i certify under penalty of perjury and pursuant to the laws of the State of Iowa that the
preceding is true and correct_ /
This q .;�'c �..
Dated r / D No.
Mo. Day Yr.
✓ fTicersSignalure
Space
t rand i_ alc: If you must appear in court or if you choose to appear to answer a charge
which does not rc lire an a pearance, report to above named court on:
U / / at S • „j.I AAM ❑ PM
140. Da Yr.
t:i Ytll "E: Providing raise infom,ation is a violation or Section 719.3 of the Code of
Iowa and is punishable as an aggravated ntisdenteanor.
. I n,tl � It 1�,:iIIV, hilt ar:knn5 "I ^;'::_c•. ail .tr
`,TV mRniturr hl:.n'�' i;; P.''. ,
1. i hereby swear and affirm that the information provided by n,e nn this citation is Inge under penalty
ofprm'iding raise information.
2. I promise to appear in said court at said time and place. or 1 will comply „ith tin prnritiiolt on the
top of the reverse side of the citation.
r
l he Following applies to simple misdemeanors only:
dollars and enter my written
}. 1 hereby give my unsecured appearance bond in the amount of
appearance. 1 agree that if 1 fail to appear ill person or by counsel to defend against the offense charged
in this citation. the court is authorized to enter a conviction and render judgment against me for the
amount of my appeaance bond in satisfaction of the penalty and surcharge plus cuw1 costs•
Sl nature of Defendant
copy
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -117
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM THE IN ZONE
WHEREAS, on December 19, 2012, an employee of The In Zone, 116 E. Washington
Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
WHEREAS, at the time of the violation, The In Zone was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, The In Zone has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within a two -year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of The In Zone.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
n
Mayor, City of Iowa City
ATTEST: 2 &4642 z e .
City Clerk, City of Iowa City
Resolution No. 13 -117
Page 2
It was moved by Champion and seconded by Throgmorton the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
_x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
+U
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -118
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST KUM & GO #52
WHEREAS, on December 19, 2012, an employee of Kum & Go #52, 25 W. Burlington Street,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Kum & Go #52 was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Kum & Go #52 and at said hearing the City Council heard the facts of
the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Kum & Go #52 within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Kum & Go #52.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
! ��- A
Mayor, City of Iowa City
ATTEST: 7e- X444-1
City C erk, City of Iowa City
1
Resolution No. 13 -118
Page Z
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
•-------- - - - - -- COMPLAINT' --- - -VfRES ❑ NON -RES -T
❑ OC T-C& VK
❑ OC S -C &R Iowa utarFOlaM crr+noN AND coMPLa1NT ❑ HIS 9NON -HIS
IOWA CITY PO LICE DEPA T 1JT ARKED ❑ YES ❑ NO
PLAINTIFF: INC #
*tateoflowa" '>r d a �C f�� x:6354
❑ County of *� JOHNSON No..
❑ City of: IOWA CITY
i In the Court at 417 5. CLlNTON STREET, JOHNSON COUNTY COURTHOUSE
VS. I- I 4
NAME: 4 Middle
Defendant, Last i L First
Address
City y s `v� �cr State Zips°
S 4 a State Cu. #
DL Class G DL End — DL Rest. 2 DL /State ID Viewed? Yed No❑
4 Ll Sex Ht. -� Wt.
DOB Race / E % 3
i I WID—Azu 7 Ju
The undersigned states that on or about / at `6 C�A IKPM
defendant did unlawfully: Mo. ay r. �jn J (describe)
e—
eLlfjy+1 �4 Gc�
Operate Motor Vehicle/Boat .
CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No ❑
Reg. # Slate eaz
Upon a public highway at
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑P'arks ❑Tobacco
} Scheduled Vio/Fine $
[ ❑Road Construction Zone
3S ' ❑ Non - Scheduled Violation
Surcharge S ❑ Court Appearance Required (805.10) _
• Reason:
J Costs E3 P.I. El P.D. ($1000) Accident
Do Couti
p ❑Fatal Accident
TotalFine�Cogjts l ($ ( ❑ Civil Damage Assessme
Not //� _ J l c >^�Q
Violation r
Write ' Speed In Zone -Sec. # - 1 IA Code .
DATA CODE Fed/Adm. Code Local Ord.'
In I certify under penalty of perjury and pursuan the 1 ws of the State of Iowa that the .
preceding is true and correct
This ' a G/^�1Ia+�
Dated
Mo. Day Yr. Offi s Signature I No.
Space
Court Datelf you must appear in court or if you choose to appear to answer a charge
which does not re uire a pearance, report to a above named court on:
C3) / I � �� at �AM ❑ PM
Mo. Day Yr.
FNO;nHIMroviding false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
M signature below is not a plea of guilty, but acknowledges all of the following;
1. 7 hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2. I promise to appear in said court at said time and place, or I wi I comply with the provision on the
. top of the reverse side of the citation. �{ °
The following applies to simple misdemeanors only: a ��
3. ]hereby give my unsecured appearance bond in the amount of dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfactionof the penalty and surcharge plus court costs.
Sign . of Defendant
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -119
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST SOUTHSIDE
LIQUOR AND TOBACCO
WHEREAS, on December 21, 2012, an employee of Southside Liquor and Tobacco, 601
Hollywood Boulevard, Suite No. 1, Iowa City, violated Iowa Code § 453A.2(1) by selling or
providing tobacco to a minor; and
WHEREAS, at the time of this violation Southside Liquor and Tobacco was operating under a
retail cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Southside Liquor and Tobacco and at said hearing the City Council heard
the facts of the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Southside Liquor and
Tobacco within a two year period to be considered by the City Council under Iowa Code §
453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Southside Liquor and Tobacco.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9. 2013
Mayor, City of Iowa i
ATTEST: �/ - 441,1''
City Clerk, City of Iowa City
11
Resolution No. 13 -119
Page 2
It was moved by Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
—x
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
_----------- ----------------------------
/
�J
❑ T-C/W COMPLAINT ORES ❑ ON-RES
❑ OCR S-C&R IOWA LNTORM CrfATioN AND COMPLAINT ❑ HIS - NON -HIS
IOWA CITY POLICE DEPARTMENT ARMED ❑ YES- ❑ NO
PLAINTIFF: INC < 1 a. t �3 0 A� Q �7
State of Iowa JOHNSON No: -� IC N0 21638/
❑ City of IOWA CITY
In the Co at 417 S. ILINTON TR E T tOHNgQN COUNTY COURTHOUSE
vs )- Ci(�2 /V,1
NAME:
Defendant, Last �} F' Middle
Address �-
city 7 .2—s 4--a Star � _ Zip ?'
DL Class —t:�
— State Cu. #
—DL /S ID Viewed? Yes No❑
SeX.,I$ 15-1-.5,-Wt
The undersigned states that on or about 101 I °/ I 1 a at `3 ❑ AM FPM
defendant did unlawfully. Mo. 'Day Yr. r
Operate Motor Vehicle/Boat (describe)
CDL Req? Yes ❑ No ❑ Pass End Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No ❑
Reg. # Statp Year el L
U � pon.a public highway at y 4 S r L a T- 6 < <-- _
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑ Navigation ❑ SnowmobilelATV 11 Fish-Game ❑Parks ❑Tobacco
.Scheduled Vio/Fiae S ❑ Road Construction Zone
❑ Non - Scheduled Morton
Surcharge S �� ` ❑ Rearm (80510)
Do Court Costs ❑ P.I. ❑ P.D. (S 1000) Accident
❑ Fatal Accident
Not Total FmeJCost s ❑ Civil Damage Assessment
l
Violation 1 ° v e, Gam' �O t� t—
Write Speed In Zone -Sec- # 3' _ a IA Code
DATA CODE Fed/Adtn- Code Local Ord
I certify under penalty of perjury and pursuant to 7thliws of the State of Iowa that the
preceding is true and correct
This a
Dated °� 4 v sa
Mo. Day Yr. Offtc s Signature
Space
Court Datedf you must appear in court or if you choose to appear to answer a charge
which does not require an appearance, report to the above [tamed court on:
to Ny �3 at e/ a g AM ❑ PM
Mme— D Yr.
NOTICE:Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
My signature below is not a plea of guilty, but acknowledges all of the fbIlming:
1. I hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2- I promise to appear in said court at said time and place,. or I will comply with the provision on the
top of the reverse side of the citation. C
The following applies to simple misdemeanors only-
3. i
1 hereby give my unsecured appearance bond in the amount of F6 dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged .
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs.
Signature of Defendant
k--------•------------------------- - - - --�
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -120
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE
CONVENIENCE STORE
WHEREAS, on December 19, 2012, an employee of The Convenience Store, 106 S. Linn Street,
Iowa City, violated Iowa Code § 453A.2(l) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation The Convenience Store was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against The Convenience Store and at said hearing the City Council heard the
facts of the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of The Convenience Store
within a two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against The Convenience Store.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
Mayor, City of Iowa City
ATTEST:_ %dam
City Clerk, City of Iowa City
M
Resolution No. 13 -120
Page 2
It was moved by Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
-x -
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M
❑T-C/W - - - - -� COMPLAINT - - - - - -- �RES ❑NON -RES
❑ OC M-C &R
IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS kNON -HIS
IOWA CITY POLICE DEPARTMENT ARMED ❑ YES ❑ NO
PLAINTIFF: INC #
__
9fState of Iowa `
.' County of JOHNSON Ic N2. 216 3 $ 0
No.:
❑ City of IOWA CITY
In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
1
(.. vs.
NAME: 0--C4 a6ar. 1 Yam r�o
Defendant, Last first Middle
Address l 7 a A j
-- - f, t,,.. ( 1
City `may 4-e- C-LT State Zip. S A3
State_ Co. # ,
—
DL Class DL End DL Rest. ^ DL /State ID Viewed I? Yesiv No ❑
DOB; I % I ky Race Ethn.�Sex�Ht.�Wt.
�
W /1 /A/U H /N /U
The undersigned states that on or about o? / % 9 / �'� at ❑ AM WPM
defendant did unlawfully: Mo. Day r,
(( yy�
Operate Motor VehicleBoat (describe) 7 s X u ,, (4r)
CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No ❑
Reg. # State Year
Upon a public highway at A � u r r 0
Located in the county and state aforesaid and did then and there commit the follow gfdhse9 ,
krafc ❑ Navigation ❑ Snowmobile/ATV ❑Fish -Game ❑Parks ❑Tobacco
AScheduled Vio/Fine $ [ " ❑ Road Construction Zone
3(-- ❑'Non- Scheduled Violation
Surcharge $ ❑ Court Appearance Required (wjo)
Reason:
Do Court Costs $ O —
❑P.I. ❑P.D.($1000)Accident
Fatal Accident
Not Total Fine✓Costs $ ❑ Civil Damage Assessment
)
Violation C-j ` AGO 0 m r
Write Speed -ln Zone -Sec. # IA Code
DATA CODE Fed/Adm. Code Local rd.
In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the
preceding is true and correct.
corre ct.
This Dated P / 1 �
,P C� � L_ R(-
Mo.
Day Yr. O r s Signature ID No.
Space ff
Court Date #you must appear in court or if you choose to appear to an a charge
which does not require an appearance, report t e above named court on:
C� / 125 A 3 � y o,
at p
- Mo. Da Fr-. A AM ❑ PM
1
NOTICE Providing false information is a-violation of Section 7193 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
My signature below is not a plea of guilty, but acknowledges all of the following.
l
. hereby swear and affirm that the information provided by me on this citation is true under penalty
ofproviding false information.
2. I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only:
3. 1 hereby give my unsecured appearance bond in the amount of dollars and enter my written
appearance. I agree that if I fail to in
appear erson or by counsel to defend against the offense charged
in this citation, the court authorized to ter a conviction and render judgment against me for the
amount of my appearan and in satisfa on of a penalty and surcharge plus court costs.
gnature of Defendant
_---- --------- -- - - ---- -- -- -- -- ---- - - - --'
C�PL
4
M
M-�J-
73
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -121
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST TOBACCO BOWL
WHEREAS, on December 21, 2012, an employee of Tobacco Bowl, 111 S. Dubuque Street, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Tobacco Bowl was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Tobacco Bowl and at said hearing the City Council heard the facts of the
violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Tobacco Bowl within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Tobacco Bowl.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
4!1- A
Mayor, City of Iowa City
ATTEST: 9C2vi/
City Ourk, City of Iowa City
Resolution No. 13 -121
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
rn�t.
- -_T
❑ T-C/W COMPLAINT ..0,RES ❑ NON -RES
❑ OC RCS -C&R IOWA UNIFORM CITATION AND COMPLAINT . 'I] HIS SCION -HIS .
IOWA CITY (POLICE DEPARTMENT ARMED ❑ YES ❑ NO
PLAINTIFF:
State of Iowa C 216382,
❑ County of JOHNSON No.:
❑ City of IOWA CITY
In the Cot 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
VS. J f yy�
NAME:
`lJ � > +/1
Defendant, Last First +, K Middle
Address
City —�'' =� �(r� -� State Zip a `7
Srx T.D 503 y-Z- r � State ' Cu. #
DL Class � T)L-End rr— //DL Rest _—DL /State ID Viewed? YqA No❑
DOB / a 1 / nace H/ /U �G�Ethn__ Sex�_Ht. 1 °Wt r °
W /B /UA/U
The undersigned states that on or about D ) / ) a at ❑ AM 9PM
defendant did unlawfully. o. Day Yr. I,-
Operate Motor Vehicle/Boat (describe) —C!r't N z— 6-t55,
CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No ❑
Reg. # Std xear -
Upon a public highway at J d Cl-10 511`J �J
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks ❑Tobacco
Acheduled Vio/Fine $ 1 U ❑ Road Construction Zone
❑ Non - Scheduled Violation
Surcharge $ � ❑ Court Appearance Required (805.10)
`` Reason:
Do Court Costs $ p ❑ P.I. ❑ PD. ($1000) Accident
❑ Fatal Accident
Not
Total Fine/Costs ri ❑ Civil Damage Assessment
Violation 5;,p (-n �C�� 9(0 k /r/ 1—
Write Speed In Zone -Sec. # a 3 IA Code
DATA CODE Fed/Adm. Code Local Ord-
In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the
precedinng is true and correct
Dated t )) jJ
This a 1.4 I )R
Mo. Day Yr. O ce>'s Signature No.
Space
Corot Date# you must appear in court or if you choose to appear to answer a charge
which does not require an appearance, report to the above named court on:
C)J / 14 - / J3 AM ❑ PM
Mo- Day Yr.
NOTICEProviding false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
M signature below is not a plea of guilty, but acknowledges all of the following.
1, f hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2 I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only: —�
3. I hereby give my unsecured appearance bond in the amount of °`� dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and tender judgmen( against me for the
amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs.
eferidar
lw�-
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -122
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST ZOMBIES
WHEREAS, on December 19, 2012, an employee of Zombies, 316 E. Burlington Street, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Zombies was operating under a retail cigarette permit
issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Zombies and at said hearing the City Council heard the facts of the
violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Zombies within a two year
period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Zombies.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 9, 2013
A
Mayor, City of Iowa City
ATTEST: �1/f6 K �C�iyLJ
City Cl6ik, City of Iowa City
Resolution No. 13 -122
Page 2
It was moved by Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
—x
x
x
_Y
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
❑ T -C!VJ .LkRES ❑ NON -RES
❑ OC.t S -C$R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS NON -HIS
IOWA CITY POLICE DEPARTME ARMED YES ❑ NO
PLAINTIFF: INC # a'
p State of Iowa q
(C 2
❑ City of: IOWA CITY
(n "^ ^ "''t:,, 417.S.CLIN2QtLSTREET JOEN.SO.BLCQUNT-Y_COU$TB -OUSE_ _ -_•
NAME:
Defendant, Last I First Q Middle
Address 7 t A1'2
City State Zip 5;t?
SS /DL# 73 IL , '� % `1 g State Cu. #
DL Class C DL End ' DL Rest. — DL /State ID Viewed? Yes❑ NoK
DOB 12 1 /'L 7 Race t1-1 Ethn. 61 Sex M Ht. K` wt. a (. C)
w /Hil!.41U II ?N /U
The undersigned states that on or about �) 1 a at j 3 ❑ AN
defendant did unlaia•fully: Mo. Day Yr.
� "1
Operate Motor Vehicle/Boat (describe) _75 /� q �i 7 . t
CDL Rey? Yes No Pass End. Rcq? Yes No❑ HazMat End Rcq: Yes❑ No❑
Reg. # Slate Year
Upon a public highway at 7i l,,, li a t �,
Located in the county and state aforesaid and did (hen and there commit the following offense:
❑Traffic ❑ Navigation ❑ Snowniobile/ATV ❑Fish -Game ❑Parks y ❑Tobacco
Surcharge g ��� _I t: curt,• 1j: Itca::,i.:•nc,;,;ird(3I)_5_j0} -
Do Churl Costs $
❑ P.I. ❑ P.D. (S 1 000) Accident
❑ Fat al Accident
Not 'I "-hil Finr.,fl.'„rd:: L ❑ Civil Damage Assessment
Violation
writd Speed In Zone -Scc. 4 IA Code
DATA CODE Fed /Aden. Code Local Ord.
rn I certify under penalty of perjury and pursuant to the laws ofthe State of Iowa that the
preceding is true and correct.
This
Dated
Mo. Day Yr. Uliicn's Sig a"' ID No.
Space
must appear in court or ifyou choose to appear to answer a charge
whicl� Oe.�notjregttirean ap'�eannce, report to the�4iove named couil on:
/1 ay 3�— at 25 o ne ❑ Pnr
Mo. Da 1'r.
1'.'., I -`'.1- Providing false information is a violation ofSertion 719.1 of the Code of
Iowa and is punishable as an aggravated misdemeanor:
•.I: <i:�n:,h .,' 1 + ., _ ,I l:L . of • :ill•. I•nl , ;I - <:,+a , •6. ,;i t:! '
I. 1 hereby shear and anim, that he infnnnition provided by me on this citation is true under penal,}
of providing false information.
1. 1 promise to appear in said court at said lime and place, or I ,till comply s: ill, the prm ision tin the
top of the reverse side of the citation.
The follou•ini, applies to simPle mistlen,cnnors only
1. 1 hereby give my unsecured-appearance bond in the amount of dnl(ars and enter nn written
appearance. I a;_ree that if I fail to appear in person or by counsel to defend against the nnense cltarLed
in this citation, the court is authorized to enter a conviction and render judgmem against me for the
amount of my appearance bond in salisfaction ofthe�enahy and sureha, ee plus court costs.
AftL
Signature of Defendant
v
V/1"
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST THE IN ZONE
WHEREAS, on December 19, 2012, an employee of The In Zone, 116 E. Washington Street,
Iowa City, violatedkowa Code § 453A.2(1) by selling or providing tobacgo to a minor; and
WHEREAS, at the time Xthis violation The In Zone was operating u der a retail cigarette permit
issued by the City of Iowa 'ty; and
WHEREAS, pursuant to Iowa de § 453A.22(2), an establis ent which holds a retail cigarette
permit shall be subjected to a civi enalty of $300.00 as a re It of its employee violating Iowa
Code § 453A.2(1), after a hearing a d proper notice; and
WHEREAS, a hearing was held on thN date by the Ci
# Council to determine whether to assess
the civil penalty against The In Zone anX at said he ng the City Council heard the facts of the
violation and the arguments of the permi ee, if an ; and
WHEREAS, this violation is the first such AoJAtion of an employee of The In Zone within a two
year period to be considered by the City CotAcil under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVE BY" CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and aring, a d pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount f $300.00 gainst The In Zone.
BE IT FURTHER RESOLVED, t t said retail cig ette permittee has twenty (20) days from the
date of this Resolution to pay th civil penalty in ful and if the civil penalty is not timely paid
the retail cigarette permit held y the permittee shall ktomatically be suspended for a period of
fourteen (14) days, in additio to the $300.00 civil pen lty.
BE IT FURTHER RESOL ED, that the City Clerk will orward a copy of this Resolution to the
Johnson County Attorneys Office, which will then provi e a copy of the same to the retail
cigarette permit holder a regular mail sent to the permit older's place of business as it appears
on the application for retail cigarette permit.
PASSED AND
Mayor, City,6f Iowa City
ATTEST:
City Clerk, City of Iowa City