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HomeMy WebLinkAbout2013-07-23 ResolutionM -( � 2c(25) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -218 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: Fraternal Order of Eagles #695 - 225 Highway 1 West Iowa City Fall Fun Festival - 2140 Rochester Avenue The Mill Restaurant - 120 E. Burlington Street Passed and approved this 23rd day of MAYOR ATTEST: I� CIT LERK 201 Approved by City Attorney's Office It was moved by Champion 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 2c(2G) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 13 -219 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Hala Hala Hookah — 327 S. Gilbert Street Passed and approved this 23rd day of July , 20__13 MAYOR ATTEST: 7f-- q(qltj CIT LERK Approved by City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 2d(1) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 13 -220 RESOLUTION ACCEPTING THE DEDICATION OF A 20' WIDE SANITARY SEWER EASEMENT OVER A PORTION OF AUDITOR'S PARCEL 2009032, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, Owners Don and Lori Cochran have extended a public sanitary sewer across a portion of Auditor's Parcel 2009032 to provide sewer service to their single family residence; and WHEREAS, in order for this sewer service to become public and allow sanitary sewer to be extended to the adjacent Auditor's Parcel 2009031 if and when it develops, it is necessary that an easement be granted to the City; and WHEREAS, City Code provides that the City formally accept the dedication of easements resolution; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Dedication of the 20' wide sanitary sewer easement shown on the attached plat is hereby accepted. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 23rd day of July 2013. MAYOR App ved by �� // ATTEST: !!i%L1 - �� 11 v liCkS� CITY 'CLERK City Attorney's Office 1P//7I,3 Resolution No. 13 -220 Page 2 It was moved by Champion 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 a z w H z w3 Q Wzz� �8 U o �rn W3 �o H O O� 0 N V o ff' c vg� o z 01" co °o 71 Waz�a 0°ow `—�4 3orn W o F— z ¢ °s SQA� -a` v�iov W `�" °ate � u_ c� 9 zOV Z o o o° 9 �z v qa _ z7 co �o Lo ¢ � � w c.> oz O k �� �^ v I-S W ' OH gV °m ��gy'f3 �4 FF � ^1 ud' ._ caOO -j V Z �"y� lop ao��OWa H���apz�; y0 llr -vq gN� UN_ O SP y��(� HpO. pj a vgai �piyy� g°HO pa U"1°+ a `� x�ka a �� 0888 °$ z x I_� Gx °3 aC °ppDOg`e2iipo.gn HOW r+i � o maazc ° H m°" b � g h gg � g R S 9111 .. kmg 3 Z��$��� $ Z 0 d b p s F It rs O � aQ dM w� v -� K APPROXIMATE WEST LINE OFF GOVERNMENT LOT 3 G c ®� 0 �H P O 0 P I vg I� Q n o� "I 0 `" CQ m i m Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa (319) 351 -8181 SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between Donald J. Cochran and Lori A. Cochran (hereinafter called the "Owners "), which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa (hereinafter referred to as the "City"), which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One ($1.00) Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owners hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right -of -way with right of ingress and egress thereto over and across the area designated as "20 Foot Wide Sanitary Sewer Easement" (hereinafter "Easement Area "), as shown on the Easement Plat which is attached hereto and by this reference made a part hereof. The Owners further grant to the City the following rights in connection with the above: (a) The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area, to such extent as the City may find reasonably necessary. (b) The right from time to time to trim, cut down and clear away all trees and brush on said Easement Area, and to trim, cut down and clear any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said area, or may interfere with the exercise of the City's rights hereunder in any manner. -2- The City shall indemnify the Owners against any loss and damage which shall be caused by the negligent exercise of any of said ingress or egress, construction, maintenance by the City or its agents or employees in the course of their employment. The Owners reserve a right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, retaining wall, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said easement areas; or diminish or substantially add to the ground cover upon said Easement Area. In the event that any of the above are installed, the City shall have the right to remove the same, without compensation to Owners or their successors in interest. The Owners hereby covenant with the City that they are lawfully seized and possessed of the real estate upon which the Easement Area is located, and that they have good and lawful right to convey it or any part thereof. The parties acknowledge that the original public improvements herein have already been installed in the Easement Area by Owners or Owners' agents, and that said public improvements have been installed in accordance with City specifications. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. Signed this 23rd day of July , 2013. f�L Donald J. C ran Lori A. Cochran CITY OF IOWA CITY By: Matthew J. Hayek, Mayor By: Marian K. Karr, City Clerk -3- STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on by Donald J. Cochran. MICEUIELW: � • �Con�d� STATE OF IOWA ) SS: COUNTY OF JOHNSON ) /l.Gt 12013 �Uy Notary Public in and r the State of Ion a This instrument was acknowledged before me on tt,. , 2013 by Lori A. Cochran. 7Apffl L CHEF Common Number 010213 My mmission Expires 7, 201 STATE OF IOWA ) ) SS. JOHNSON COUNTY ) Notary Public in and or the State of Iowa On this aq •d day of , 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 the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT 9Commission Number 159 mission TreMy l J10) 5 MK45 \R37e0160 s F� Notary Public in and for Johnson County, Iowa Ae � 2d(2) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 13 -221 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENTS AND MORTGAGE RELEASES. WHEREAS, the City holds hundreds of mortgages to secure its interest in assistance for a multitude of programs including HOME, CDBG, UniverCity, Housing Rehabilitation, Single - Family New Construction, ADHOP, TOP, and flood assistance; WHEREAS, nearly every week a property owner requests that the City subordinate its mortgage due to a refinancing for a better rate, and City staff recommends Council approval if the City's interest is protected; WHEREAS, nearly every week, a mortgage needs to be released due to the loan being paid and /or other obligations being satisfied; WHEREAS, because City Council meets twice a month, and occasionally only once a month, mortgages are released and subordination agreements are signed only once or twice a month; WHEREAS, property owners and lenders would prefer that the City be able to release mortgages and sign subordination agreements more often than twice per month; WHEREAS, it will be more efficient for staff and it will decrease recording costs (usually borne by the property owner) if a City Council resolution is not required to approve every release of mortgage and subordination agreement; and WHEREAS, the Mayor should be authorized to sign mortgage releases and subordination agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to execute and the City Clerk to attest a release of any mortgage obligation upon determination by the City Attorney that there has been payment in full of the financial assistance and /or fulfillment of nonfinancial obligations. For purposes of this resolution, the term "mortgage" includes any recorded lien or deed restriction. 2. The Mayor is authorized to execute and the City Clerk to attest any subordination agreement upon determination by the City Attorney that the City's interest in the property subject to the agreement is adequately protected. Passed and approved this 23rd day of July , 2013. MAYOR ATTEST: 2&,�,-) /`ate CITY CIERK Approved City Attorney's Office Resolution No. 13 -221 Page 3 It was moved by Champion 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 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -222 RESOLUTION APPROVING A PURCHASE AGREEMENT FOR 1821 B STREET, IOWA CITY, IOWA. WHEREAS, City staff have negotiated a purchase agreement for 1821 B Street that requires City Council approval; WHEREAS, the City constructed a designed single - family house on 1821 B Street in 2002 and sold it to two persons with physical disabilities; WHEREAS, one of the owners is now unable to live independently, and they wish to sell the property to the City; WHEREAS, City staff propose to update and rehabilitate the house and then sell it on the open market to a family in need of a universally designed house; WHEREAS, the sale price is $90,000, and additional consideration is the City will forgive its two loans that are secured with mortgages totaling approximately $97,000; and 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. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase the property in accordance with the purchase agreement. Passed and approved this 23rd day of July , 2013. !! �_ 4 MAYOR Approved by ATTEST: CITY ttERK City Attorney's Office Resolution No. 13 -222 Page 2 It was moved by Champion 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 ar,lllAN�� Date: July 3, 2013 CITY OF IOWA CITY 2d(3) MEMORANDUM - To: Tom Markus, City M a r From: Douglas Boothroy, Direc o Re: Resolution approving a purchase The Iowa City Housing Authority(ICHA) is requbsti for a single family house located at 1821 B Street. upgraded using ICHA funds. BACKGROUND Services nt for 1821 JB Street in Iowa City, Iowa ig City Council approval of a purchase agreement The B street house would be purchased and In 2002 the ICHA constructed a "universally" designed single family house at 1821 B Street. This house was a 2002 Govemor's Best Accessible Design Award Winner. The house was subsequently sold to two persons with physical disabilities. The Extended Dream Foundation provided household management and other services to the owners over the years. One person subsequently has sold his interest to another person with disability and one of the owners is now unable to live independently. The two owners and city staff have entered into a purchase agreement of $90,000 contingent upon Council approval. Although the home is assessed at $225,410, the ICHA has two liens on the property securing two notes with a current balance of approximately $97,000. The two loans will be forgiven and the liens released as part of the transaction. Additionally, it will take a substantial sum of money to make the necessary repairs and upgrades which the ICHA intends to do before offering to sell the house on the open market to a family in need of a "universally designed" house. RECOMMENDATION The owners, Extended Dream Foundation, the ICHA, and the bank have all agreed to the terms in the purchase agreement. All funds used to purchase and rehab the house will be Housing Authority funds. The house will be resold for owner occupancy. Staff recommends approval of the purchase agreement which will enable the owners to find more supportive housing. DB/ats/4145885 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -223 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 2530 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on January 23, 2013, the owner executed a Mortgage with the City of Iowa City to secure a loan for a housing rehabilitation project; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. -ur-2,3-13 2d(4) 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 2530 Aster Avenue, Iowa City, Iowa from a Mortgage recorded January 28, 2013, Book 5043, Page 872 through Page 877 of the Johnson County Recorder's Office. Passed and approved this 23rd day of July , 2C 13 . MAYOR Approved by ATTEST: GZ2 7e CITY CtERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X X NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne 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): Melissa E. Brobston Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2530 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 26, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Melissa E. Brobston, to the City of Iowa City represented by a Mortgage recorded January 28, 2013, Book 5043, Page 872 through 877, 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: 1C� CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR Approved by�� , City Attorney's Office On this d3 day of �y A.D. 2043-1 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared f tatthew 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`I�alf of the corporation by authority of its City Council, as contained in Resolution No. adopted by the City Council on the $ day , 20_1 3_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said i strument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SON DRAE ORT �— 2 o commiser 159791 � f� May CExpires Notary Public in and for Johnson County, Iowa M�� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -224 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 715 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, on February 25, 2004, the owners executed a Mortgage with the City of Iowa City to secure a loan for a housing rehabilitation project; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 715 North Van Buren Street, Iowa City, Iowa from a Mortgage recorded March 2, 2004, Book 3701, Page 597 through Page 601 of the Johnson County Recorder's Office. Passed and approved this 23rd day of July 120 13 . n MAYOR /l Approved by ATTEST: i� K •a CITY CLERK City Attomey's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X X _X NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton '- -23-13 2d(5) 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): Edward Merrill Hamilton and Teresa C. Hamilton Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 715 North Van Buren Street, Iowa City, Iowa, and legally described as follows: The north 80 feet of Lot 8 in Block 52 in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa. from an obligation of the owners, Edward Merrill Hamilton and Teresa C. Hamilton, to the City of Iowa City represented by a Mortgage recorded March 2, 2004, Book 3701, Page 597 through 601, 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: a CITY ERK MAYOR Approved by��� City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) �d On this 424- day of K A.D. 20-13_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew 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 be, alf of the corporation by authority of its City Council, as contained in Resolution No./ !& adopted by the City Council on the -13_:! day 20 _LS_ and that the said Matthew J. Hayek and Marian K. K rr as such officers acknowledged the execution of said i strument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT Sari _ Commission Number 159791 Notary Public in and for Johnson County, Iowa 3y 7 mission s �kr+9 2d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -225 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1917 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage, executed by the owner of the property on April 17, 2009, recorded on April 22, 2009, in Book 4424, Page 365 through Page 370, in the Johnson County Recorder's Office covering the following described real estate: Lot 11 in Part One, Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 70, Plat Records of Johnson County, Iowa, WHEREAS, Hills Bank and Trust Company has refinanced a mortgage to the owner of the property located at 1917 California Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; 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 Hills Bank and Trust Company, Coralville, Iowa. Passed and approved this 23rd day of July 20_13_. MAYOR Approved by ATTEST: -'C . `�tiLzi rL 13 CITY CLERK City Attorney's Office Resolution No. Page 2 13 -225 It was moved by Champion 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 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Second Mortgage which at this time is in the amount of $10,000 , and was executed by Todd J. Powell (herein the Owner), dated April 17, 2009, recorded April 22, 2009, in Book 4424, Page 365 through Page 370, Johnson County Recorder's Office, covering the following described real property: Lot 11 in Part One, Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 70, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $106.400.00 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 Second 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 Second 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 Second 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 23rd day of July , 20__. CITY OF IOWA CITY FINANCIAL INSTITUTION By /11 /�'�1/�- s Mayor Attest: City Oferk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) By On this A � day of �u- , 2013 , before me, the undersigned, a Notary Public in and for the State of I wa, Nersonally appeared MaAhew 7 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did eay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. i3 —aa5 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 93 -rO- day of u , 20_3 , and that and Marian K. Karr acknorMedged the execution of the instrument to be their volu ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. u r SONDRAE FORT pn z Commission Number 159791 �]vvu�nrtt • My Commission E*ree Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this -I day of \ , 20j , Notary Public in and for the State of Iowa, personally appeared before me, the undersigned, a 1 cLmra A Sc6j�4tt'to me personally known, who being by me duly sworn, did say that he /she is the �iic -2 VicesttA $ of 7 that said instrument was signed on behalf of said corporation by authority of its Board of Dire ors; and that said cc A-\M !4 Sc-InLtkacknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. REBECCA DeWAARD p Commission Number 138061 y�Co�mySSi SS o�,Fwires 'OWN G SS TA - - I MM, "atz'AW, - ,PL&ic in . for the State of Iowa My Commission expires: 10-115-4s i Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 13 -226 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, Ricklefs Excavating, Ltd. of Anamosa, Iowa, has submitted the lowest responsible bid of $1,213,062 for construction of the above -named project; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer account # 3626. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Ricklefs Excavating, Ltd., 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 23rd day of July 20 13 ATTEST: A a2/ CITY RK Approved by City Attorney's Office - 1��7��3 It was moved by rham= ; n„ 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 pweng \ma sters\awrdcon. doc 7/13 577,7i7_ 2d(7) ADVERTISEMENT FOR BIDS 1st Avenue Storm Sewer Improvements Phase 2 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 PM. on the 17th day of July, 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 23rd day of July, 2013, or at special meeting called for that purpose. The Project will involve the following: The construction of storm sewer improvements upstream and downstream of 1st Avenue approximately 935 feet northeast of Lower Muscatine Road. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 828 CY of excavation, 3,990 SY of PCC pavement, 71 SY of HMA parking lot pavement, 534 LF of 7 ft x 4 ft reinforced concrete box culvert, 622 LF of 9 ft x 4 ft reinforced concrete box culvert, 236 LF of storm sewer, storm sewer structures and appurtenances, 199 LF of trenchless sanitary sewer services, pavement markings, erosion control, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC, of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. W11] Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: August 5th, 2013 Intermediate Completion Dates: Phase 1 — Stage 1: September 16th. 2013 All Phases and Stages: November 22" . 2013 Completion Date: May 9th. 2014 Liquidated Damages: $800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $35.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. A refund will be issued if re- useable plans and specifications are returned to the City of Iowa City within 14 days of the project award date. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal AF -2 produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF -3 Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149 RESOLUTION NO.. 13 -227 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2013 WILLIAM STREET STREETSCAPE PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $439,911.85 for construction of the above -named project; and WHEREAS, funds for this project are available in the William Street Reconfiguration account # 3975. 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 Metro Pavers, 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 23rd day of July , 20 13 ILYA *. ATTEST: ,cam,, e. �C �iLdJ CITY CLERK Approved by City Attorney's Office 7 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X pweng \masters\awrdcon.doc 7113 ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Zd(s) NOTICE TO BIDDERS 2013 WILLIAM STREET STREETSCAPE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 16th day of July, 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 23rd day of July, 2013, or at a special meeting called for that purpose. The Project will involve the following: Removal of the existing William Street Streetscape between Muscatine Avenue and Towncrest Drive and installation of utilities, paving, site furnishings, lighting and planting improvements. All work is to be done in strict compliance with the plans and specifications prepared by RDG Planning & Design, of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Dates: Site Paving — November 1, 2013 Planting — May31, 2014 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 Technigraphics, 415 Highland Avenue #100, Iowa City, Iowa, by bona fide bidders. A $40 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 Technigraphics. The deposit shall be refunded upon return of the contract documents within fourteen days after the 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 subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 13 -228 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218 AND MORMON TREK BOULEVARD /MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION PROJECT. WHEREAS, Neumiller Electric, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $145,100 for construction of the above -named project; and WHEREAS, funds for this project are available in the Traffic Signal Projects account # 3814. 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 Neumiller Electric, 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 23rd day of July 120 13 PP • •- ATTEST:�� CITY CLERK It was moved by champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X pweng \masters\awrdcon.doc 7/13 Approved by I—La � City Attorney's Office 7 I,) � 3 Dickens the Resolution be ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton sa s A `- Publish 6/11 NOTICE TO BIDDERS OLD HIGHWAY 218 AND MORMON TREK BOULEVARD /MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 11th day of July, 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 23`d day of July, 2013, or at special meeting called for that purpose. The Project will involve the following: Furnish equipment, materials and labor to install a new traffic control signal at the intersection of Old Highway 218 and Mormon Trek Boulevard /McCollister Boulevard, and other associated work. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineer's Office 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 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 one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: August 1, 2013 Specified Completion Date: September 30, 2013 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 specifications and form of proposal blanks may be secured at the Iowa City Engineer's Office in Iowa City, Iowa, by bona fide bidders. No fee is required for each set of plans and specifications provided to bidders or other interested persons. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to 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, 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 2d(70) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -229 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART THREE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Rochester Ridge - Part Three, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Certain sidewalk and paving improvements for Rochester Ridge - Part Three, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of July , 2013. ATTEST: 1(­1 e'l� CITY CLERK pwenglmasters\acpt- improvements. doc MAYOR Approved by O City Attorney's Office .7 Resolution No. 13 -229 Page 2 It was moved by Champion 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 1 r 1 =Aiwa #- fir► � Am W CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 10, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: Rochester Ridge - Part Three Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, certain sidewalk and paving improvements for Rochester Ridge - Part Three has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, 'k - lam._ Ronald R. Knoche, P.E. City Engineer Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 3 -230 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SADDLEBROOK MEADOWS - PART 1, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Saddlebrook Meadows - Part 1, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Saddlebrook Meadows - Part 1, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of July , 2013. ATTEST: 2Laz.., .�2 e. ea4'e'll CITY &LERK pweng\nasters\acpt -i mprovements. doc MAYOR Approved by all City Attorney's Office -.Ita -%3 2d(11) Resolution No. 13 -230 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton i .� ,0��.� _1%dU._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 10, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: Saddlebrook Meadows, Part 1 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, the line, water main, and paving improvements for Saddlebrook Meadows, Part 1 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 14� Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -231 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK AND PAVING PUBLIC IMPROVEMENTS FOR SADDLEBROOK MEADOWS - PART 2, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Saddlebrook Meadows - Part 2, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Certain Sidewalk and paving improvements for Saddlebrook Meadows - Part 2, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of July , 2013. MAYOR ATTEST: CITY CLERK pwenglmasterslacpt- improvements. doc Approved by 4,--f t9-� City Attorney's Office 1 ((Ll13 2d(12) Resolution No. 13 -231 Page 2 It was moved by Champion 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 1 r 1 ®�� 4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 10, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: Saddlebrook Meadows, Part 2 Dear Honorable Mayor and Councilpersons: hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, certain sidewalk and paving improvements for Saddlebrook Meadows, Part 2 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for certain sidewalk and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, I Ronald R. Knoche, P.E. City Engineer W13 07_ 2 12d(13) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -232 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, CERTAIN SIDEWALK AND PAVING PUBLIC IMPROVEMENTS FOR CARDINAL POINTE SOUTH - PART THREE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND - USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Cardinal Pointe South - Part Three, as constructed by Carter and Associates, Inc. of Coralville, Iowa. Certain sidewalk and paving improvements for Cardinal Pointe South - Part Three, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of July 12013. ATTEST: CITY C ERK pweng \masters \acpt - improvements. doc MAYOR Approved by `' City Attorney's Office 7/(s /(3 Resolution No. 13 -232 Page 2 It was moved by Champion 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 war ® �k A �ZZZ ` I BE, rt III CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 10, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: Cardinal Pointe South - Part Three Dear Honorable Mayor and Councilpersons: hereby certify that the construction of the sanitary sewer, storm sewer, water main, certain sidewalk and paving improvements for Cardinal Pointe South - Part Three has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Carter and Associates, Inc. of Coralville, Iowa and for certain sidewalk and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, ,(2 Ronald R. Knoche, P.E. City Engineer 2d(14) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -233 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS INSTALLED WITH WASHINGTON PLAZA, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm sewer, and water main improvements installed with Washington Plaza, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Storm sewer improvements include 143 lineal feet of 12 -inch diameter RCP and 2 intakes in the alley behind Washington Plaza. Water main improvements include 358 lineal feet of 8 -inch DIP and 2 fire hydrants along the south side of Washington Street between Johnson Street and Van Buren Street. Paving improvements installed with Washington Plaza, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. Paving improvements include the removal and replacement of the westerly 246 lineal feet of 16' wide PCC alley, located behind Washington Plaza. (The east/west alley is located south of Washington Street, and between Johnson Street and Van Buren Street.). WHEREAS, the maintenance bonds have been filed in the City Engineer's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 23rd day of Tu y , 2013. ATTEST: CITY CEERK !� - MAYOR 4� Approved by 4X 1"A�— City Attorney's Office 72 IWI-3 Resolution No. 13 -233 Page 2 It was moved by Champion . and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Dickens the Champion Dickens Dobyns Hayek Mims Payne Throgmorton � r IIi ,I��.� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org July 10, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: Washington Plaza Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, water main, and paving improvements for Washington Plaza has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Engineer's Office for the storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. Storm sewer improvements include 143 lineal feet of 12 -inch diameter RCP and 2 intakes in the alley behind Washington Plaza. Water main improvements include 358 lineal feet of 8 -inch DIP and 2 fire hydrants along the south side of Washington Street between Johnson Street and Van Buren Street. Paving improvements include the removal and replacement of the westerly 246 lineal feet of 16' wide PCC alley, located behind Washington Plaza. (The east/west alley is located south of Washington Street, and between Johnson Street and Van Buren Street.). recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356 -5030 RESOLUTION NO. 13 -234 RESOLUTION REPEALING RESOLUTION NO. 10 -463 AND APPROVING A REVISED PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. WHEREAS, Council has recently amended the Under 21 Ordinance, allowing the performance of theatre to qualify as a Show for purposes of the Entertainment Venue exception to the Under 21 Ordinance contained in Iowa City Code 4 -5 -8; and WHEREAS, in order to qualify as an Entertainment Venue, establishments must have installed Professional Light and Sound; and WHEREAS, Iowa City Code 4 -1 -1 calls for Council to define Professional Light and Sound by approving, by resolution, a Professional Light and Sound Specification Checklist for Entertainment Venues; and WHEREAS, the previously approved Professional Light and Sound Specification Checklist (Resolution No. 10 -463) requires more equipment than would be needed for venues to host comedy or theater Shows, as permitted by the Entertainment Venue exception; and WHEREAS, it is in the interest of the City of Iowa City to approve the attached revised Professional Light and Sound Specification Checklist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City adopts the Professional Light and Sound Specification Sheet attached hereto and rescinds Resolution No. 10 -463. Passed and approved this 23rd day of July , 2013. Approve y t ATTEST: %� � • ���� 1 S - 13 CITY ERK City Attorney's Office Resolution No. 13 -234 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: x x x —X_ x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Professional Light and Sound Specification Checklist Venue: Stage: ❑Permanently installed (not risers) ❑Dimensions of at least 8' by 6' ❑Not in use for any purpose other than live performance Sound Engineering Equipment: ❑Microphone(s) and sound system suitable for amplifying the Performer's Show so that all present in the venue can clearly hear the Performer. Lighting Equipment: ❑All such lighting as is consistent with featuring and highlighting a Performer during a Show, so as to reflect that the Performer is the central focus of all present in the venue during the Show. Note: The Housing and Inspection Services Director, or designee, has the ultimate authority to approve or deny the Professional Light and Sound equipment, including the adequacy of all sound and lighting equipment. Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356 -5030 RESOLUTION NO. RESOLUTION REPEALING RESOLUTION NO. 10-463 AND APPROVING A REVISED PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. WHEREAS, Council h ' recently amended the Under 21 Ordii theatre to qualify as a ow for purposes of the Entertainment Ordinance contained in wa City Code 4 -5 -8; and WHEREAS, in order to qu ify as an Entertainment Venue, Professional Light and Soun ; and WHEREAS, Iowa City Code 4- 1 calls for Council to def approving, by resolution, a Profe ional Light and Sound Venues; and WHEREAS, the previously approved Pri requires more equipment than would be permitted by the Entertainment Venue e WHEREAS, it is in the interest of the Professional Light and Sound Specification onal Light ed for ve ion: and? NOW, THEREFORE, BE IT RESOLVED BY TH IOWA, THAT: of , allowing the performance of e exception to the Under 21 ishments must have installed rofessional Light and Sound by ;ification Checklist for Entertainment Sound Specification Checklist to host comedy or theater Shows, as City to approve the attached revised COUNCIL OF THE CITY OF IOWA CITY, 1 The City adopts the Professional Light find SounX Specification Sheet attached hereto. Passed and approved this day MAYOR roved ATTEST: City Attorney's Office CITY CLERK 2013. zd(1s) 12-1 Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 13 -235 za(ls) RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF THE OBLIGATION TO INSTALL SIDEWALKS ALONG BARBER'S PLACE, PENINSULA NEIGHBORHOOD, PHASE 2A, IOWA CITY, IOWA. WHEREAS, pursuant to the Subdivider's Agreement entered into on May 13, 2008, and recorded in the Office of the Johnson County Recorder, in Book 4324, Pages 841 -871 on July 15, 2008, the Developer of the Peninsula Neighborhood, Phase 2A was required to install sidewalks adjacent to Lots 99 -104 along Barber's Place; and WHEREAS, due to the unique configuration of the right for way of Barber Place, it is not possible to construct a sidewalk in accordance with the City's current design standards; and WHEREAS, Staff recommends release of the obligation to install said sidewalks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the obligation to install sidewalks adjacent to Lots 99 -104, Peninsula Neighborhood, Phase 2A, Iowa City, Iowa, imposed pursuant to the Subdivider's Agreement entered into on May 13, 2008, and recorded in the Office of the Johnson County Recorder, in Book 4324, Pages 841 -871 on July 15, 2008. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release in a form approved by the City Attorney. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the Release, said recording costs to be paid by the Peninsula Development Company. Passed and approved this 23rd day of July , 2013. N ATTEST: &W4;2La�1 CITY CtERK V Appr ved by �Ca Cit Attorney's Office Resolution No. 13 -235 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: r:�ii�3 x x x x 7 x x IeF.Vt.*T Dickens the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Kimberly Sandberg, Public Works, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5140 SIDEWALK RELEASE Date: J,tly 91, 7013 The City of Iowa City does hereby release the following described property from the obligation to construct sidewalks imposed pursuant to Paragraph Four (4) of the Subdivider's Agreement for: Lots 99 -104, Peninsula Development, Phase 2A, Iowa City, Johnson County, Iowa. Said agreement is dated May 13, 2008, and recorded in the Office of the Johnson County Recorder, in Book 4324, Pages 841 -871 on July 15, 2008. The City of Iowa City hereby releases the obligation to install said sidewalks adjacent to the above - described lots due to unique site constraints. The City of Iowa City, Iowa By: A MATTHEW J. HAYE A OR ATTEST: MARIAN K. KARR, CITY CLERK State of Iowa ) ) SS: Johnson County ) On this d3 ' day of K� , A.D. 20 i3 , before me, the undersigned, a notary public in and for the S ate 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. SONDRAE FORT n 1001t Commission Number 159781 ,ksvnt�c My C (scion ExplreB aorS Notary Public in and for Johnson County, Iowa 2a(Is) Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PUBLIC UTILITY EASEMENT AGREEMENT AND STORMWATER DETENTION BASIN EASEMENT AGREEMENT FOR THE DEERY BROTHERS SITE DEVELOPMENT IN IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Deery, Deery and Deery, L.L.C. submitted a site plan for development of property along Highway One West; and WHEREAS, under said plan, public utilities and a stormwater detention basin were installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the proposed utility and stormwater detention basin easements providing service to this development; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Public Utility Easement Agreement and Stormwater Detention Basin Easement Agreement for the Deery Auto Dealership, Highway One West, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above - referenced Easement Agreements in the Johnson County Recorder's Office at the expense of Deery, Deery and Deery, L.L.C. Passed and approved this 23rd day of July 2013. MAYOR ATTEST: e CITY CL RK AppFeved-l� ity Attor Ififity y's e Uandusetdeery easmt res.doc Resolution No. 13 -236 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: —x — x x x x x x NAYS: Dickens the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton � +g Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 2d(19) RESOLUTION NO. 13 -237 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2014 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT OF THE CITY MANAGER TO PROVIDE FOR FOUR (4) ADDITIONAL DAYS OF PERSONAL TIME EACH YEAR WHEREAS, the City of Iowa City, Iowa, employs the City Manager, City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and WHEREAS, in -lieu of an increase in salary the City Manager has requested and the Council has agreed to amend the contract between the City and the City Manager to provide the City Manager with four (4) additional days of personal time each year; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2013: Salary: City Manager - $170,000.00 (no change) City Attorney - $ 83,441.28 (60% appointment) (2.5% increase) City Clerk - $107,577.60 (2.5% increase) BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the amendment to the City Manager's Employment Agreement attached hereto is approved and the Mayor and City Clerk are hereby authorized and directed to execute said amendment for and on behalf of the City of Iowa City. Iowa Passed and approved this 23rd day of July , 2013. MAYOR ATTEST: 1t CITY CL RK A I ved by: City Attorney's Office WRES- salaned.doc Resolution No. 13 -237 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: x X x x x x x NAYS: Dickens the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton AMENDMENT TO EMPLOYMENT AGREEMENT Thomas M. Markus, City Manager of the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 11, 2010 as follows: Section 5 of said Agreement entitled "Vacation, Sick and Holidays" is amended to add an additional paragraph "D" as follows: D. The Employee shall receive the personal leave provided to administrative employees (currently one day a year) and shall receive an additional 4 days of personal leave each year. These 4 additional days of personal leave must be used each year and may not be carried over from one year to the next. CITY OF IOWA CITY, IOWA BY: fA �i n MAYOR ATTEST: 2ke � � - 7ez1ir- CITY LERK 'By as �MMarkus oved by City Attorney's Office 7-17—/9 lltl sa(zo) Prepared by Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356 -5030 RESOLUTION NO. 13 -238 RESOLUTION APPROVING MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, JUDDS BROTHERS CONSTRUCTION CO. AND VAN WINKLE -JACOB ENGINEERING, INC. REGARDING THE CONTRACT FOR THE DESIGN OF THE IOWA AVENUE INVERTED SIPHON SEWER PROJECT 2009 PROJECT. WHEREAS, the City of Iowa City (IOWA CITY), Judds Brothers Construction Co. ( JUDDS) and Van Winkle- Jacob Engineering, Inc. (VJ) are parties to a contract for the design of the Iowa Avenue Inverted Siphon Sewer Project 2009 Project dated June 15th, 2009; and WHEREAS, JUDDS proceeded with the Work but difficulties and disputes arose among the parties during the course of performance on the contract; and WHEREAS, JUDDS ultimately completed the Work in May 2010; and WHEREAS, on June 1, 2011, JUDDS filed suit in the Southern District of Iowa, against IOWA CITY and VJ, Civil Action No. 4:11 -cv- 00260; and WHEREAS, IOWA CITY & VJ responded to the petition by asserting certain affirmative defenses and counter - claims; and WHEREAS, on June 12, 2013, the parties participated in voluntary mediation in an attempt to resolve the disputes. As a result of the mediation, the parties now wish to resolve this matter according to the terms as set forth in the attached Mutual Release and Settlement Agreement as to the claims between each respective entity and IOWA CITY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City Council for the City of Iowa City hereby approves the attached mutual release and settlement agreement between the City of Iowa City, Judds Brothers Construction Co. and Van Winkle -Jacob Engineering, Inc. as being in the best interest of the City of Iowa City. 2. The Mayor and City Clerk are hereby authorized and directed to sign and attest the attached mutual release and settlement agreement. Passed and approved this 23rd_ day of .ruly , 2013. Approved by ?�. 4 City Attorney's Office 'i-- t 3 �. ATTEST: CI CLERK Resolution No. 13-238 Page 2 It was moved by Champion 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 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Agreement is dated July 23, 2013. The parties to this Agreement are the CITY OF IOWA CITY, IOWA ( "IOWA CITY "), JUDDS BROTHER CONSTRUCTION CO., ( "JUDDS "), and VAN WINKLE -JACOB ENGINEERING, INC. a/k/a VJ ENGINEERING ( "VJ "). BACKGROUND FACTS A. IOWA CITY and VJ entered into a contract for the design of the Iowa Avenue Inverted Siphon Sewer 2009 Project. Pursuant to this contract, VJ produced, and IOWA CITY accepted, the Plans, Specifications, Proposal and Contract for the Iowa Avenue Inverted Siphon Sewer 2009 Project ( "Plans and Specs "). B. IOWA CITY and JUDDS entered in to a contract dated June 15, 2009, for the construction of the Iowa Avenue Inverted Siphon Sewer 2009 Project, to be constructed in accordance with said Plans and Specs ( "the Work "). C. JUDDS proceeded with the Work, but difficulties and disputes arose among the parties during the course of performance on the contract. D. JUDDS ultimately completed the Work in May, 2010. E. On June 1, 2011, JUDDS filed suit in the Southern District of Iowa, against IOWA CITY and VJ, Civil Action No. 4:11 -cv- 00260. F. Iowa City and VJ responded to the petition by asserting certain affirmative defenses and counter- claims. G. On June 12, 2013, the parties participated in voluntary mediation in an attempt to resolve their disputes. As a result of that mediation, the parties now wish to resolve this matter according to the terms of this Agreement as to the claims between each respective entity and IOWA CITY. a. VJ joins this agreement for the sole purpose of resolving any potential claims by and between it and Iowa City, and not for the purpose of resolving any claims by and between it and JUDDS, which shall be the subject of a separate agreement. b. JUDDS joins this agreement for the sole purpose of resolving any potential claims by and between it and Iowa City, and not for the purpose of resolving any claims by and between it and VJ, which shall be the subject of a separate agreement. TERMS OF THE AGREEMENT In consideration of the facts mentioned above and the mutual promises set out below, the parties agree as follows: 1. IOWA CITY shall pay to JUDDS $63,240.81, which sum represents the remaining balance owed to JUDDS pursuant to the construction contract between the parties. This payment shall be made on or before August 15, 2013. 2. VJ shall be responsible for paying the cost of mediation to the mediator in a timely manner, though IOWA CITY shall contribute to VJ $804.00 toward the cost of mediating this dispute upon request for such contribution by VJ. 3. Upon payment of the sums stated in Paragraph One (1) above, IOWA CITY and JUDDS hereby irrevocably release, acquit and forever discharge each other, their predecessors and successors in interest and their directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, heirs and assigns and all thereof from any and all manner of actions, suits, claims, damages, judgments, levies, executions, demands, costs, expenses and liabilities, liquidated or unliquidated, fixed or contingent, direct or indirect, whether in contract, tort or otherwise, whether existing by virtue of any federal, state, or local statue or regulation arising out of any claims that IOWA CITY and /or JUDDS ever had or have asserted or could assert against each other or its above -named representatives, known or unknown as of the date of the execution of this Agreement for, upon, or by reason of any matter, fact, or thing arising out of or in any way relating to the construction, installation, connection and/or design of the Iowa Avenue Inverted Siphon Sewer Project. 4. Upon payment of the sums stated in Paragraph Two (2) above, IOWA CITY and VJ hereby irrevocably release, acquit and forever discharge each other, their predecessors and successors in interest and their directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, heirs and assigns and all thereof from any and all manner of actions, suits, claims, damages, judgments, levies, executions, demands, costs, expenses and liabilities, liquidated or unliquidated, fixed or contingent, direct or indirect, whether in contract, tort or otherwise, whether existing by virtue of any federal, state, or local statue or regulation arising out of any claims that IOWA CITY and /or VJ ever had or have asserted or could assert against each other or its above -named representatives, known or unknown as of the date of the execution of this Agreement for, upon, or by reason of any matter, fact, or thing arising out of or in any way relating to the Plans and Specs, the Work, construction, installation, connection and /or design of the Iowa Avenue Inverted Siphon Sewer Proj ect. 5. The aforementioned consideration is accepted by IOWA CITY, VJ and JUDDS in full and complete satisfaction of all alleged damages arising out of any disputes and claims asserted between IOWA CITY and VJ and between IOWA CITY and JUDDS, but not between VJ and JUDDS. It is expressly understood and agreed that the terms of this Agreement are contractual and not mere recitals, and that the agreements herein contained and the consideration transferred is to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no statement contained in this Agreement should be deemed to be an admission against interest by the parties or a concession as to a claim or defense, nor shall any party be deemed of admitting any liability to any third party. 6. This Settlement Agreement and Mutual Release represents the entire understanding between the parties in connection with the subject matter hereof regarding claims or potential claims between IOWA CITY and JUDDS, and between IOWA CITY and VJ, and may not be altered or modified except by a writing duly signed by all parties affected by the alteration or modification. 7. This Settlement Agreement and Mutual Release shall be binding on and inure to the benefit of the successors and assigns of the respective parties. 8. The parties to this Agreement are represented by counsel, and consulted with counsel regarding this Agreement before executing it. 9. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and which counterparts shall together contain the signatures of all of the parties hereto and shall constitute a single binding and complete Agreement. 10. The undersigned, by signing the Settlement Agreement and Mutual Release, state that they have, on behalf of their respective corporation, read the Settlement Agreement and Mutual Release, that the Agreement has been reviewed by legal counsel for their respective corporation, and that as their corporation's representative, they understand and fully agree to each and every provision in this Settlement Agreement and Mutual Release. 11. Any provision in this Agreement which is prohibited or unenforceable in the State of Iowa shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provision of this Agreement, and any such prohibition or unenforceability in the State of Iowa shall not invalidate or render unenforceable such provision in any other jurisdiction. 12. IOWA CITY, JUDDS, and VJ admit that this Agreement is entered into voluntarily and is governed by the laws of the State of Iowa. The parties further agree that the Agreement is specifically enforceable in Iowa courts and the parties agree that the only suitable venue for any action to enforce said Agreement is the Courts of the State of Iowa. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 00CS/1193686.2 JUDDS BROTHERS CONSTRUCTION CO. WITNESSED, APPROVED AND ATTORNEY'S LIEN RELEASED: William G. Dittrick, attorney for Plaintiff VAN WINIQ.E JACOB IWNGINEERING, INC. Dated as of July 23, 2013 ATTEST: -trWv-d 7e 9 Mari n K. Karr, City Clerk CITY OF IOWA CITY, IOWA BY: 1U „ Matthew J. Hayek, Mayor WITNESSED AND APPROVED/: BY: Sara Greenwood Hektoen, attorney for City of Iowa City JUDDS BROTHERS CONSTRUCTION CO. BY:j10� h WITNESSES LIEN BY: William . Dittri Construction Co. OVE ,AND ATT RNE) Lu attorney for Judds Brothers VAN - WINKLE -JACOB ENGINEERING, INC. i "u$ 2e(1) Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5053 RESOLUTION NO. 13 -239 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 6, 2013, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees on or after October 1, 2013, to adequately finance operational costs; and WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 5, entitled, "Solid Waste Disposal," of the City Code to increase Residential Solid Waste Collection fees, is to be held on the 6th day of August, 2013, at 7:00 p.m., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Passed and approved this 23rd day of July , 2013. d�� MAYOR Approved by ATTEST: ?Z f v� CITY Ct7ERK City Attorney's Office finadmVes\solidwaste. doc Resolution No. 13 -239 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M (5) Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -240 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 6, 2013 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for sale to the general public; WHEREAS, City has negotiated a purchase agreement with Gary J. Harapat for $228,500 and Lot 9, which requires City Council approval; and WHEREAS, Council should hold a public hearing on the proposed conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the purchase agreement between the City of Iowa City and Gary J. Harapat for the above - referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for August 6, 2013 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. 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. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 23rd day of July , 2013. A MAYOR ATTEST: CITY CLERK Approved • City Attorney's Office Resolution No. 13 -240 Page 2 It was moved by Champion 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 2e(s) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 RESOLUTION NO. 13 -241 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF AUDITOR'S PARCEL 2013038, A PORTION OF OUTLOT B, WILD PRAIRIE ESTATES, PART FIVE, AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 6, 2013. WHEREAS, the applicant, Kennedy - Hilgenberg Enterprises, Inc.. ( "Subdivider") agreed to dedicate Outlot B, Wild Prairie Estates, Part Five, to the City at the time the City approved said subdivision; and WHEREAS, the City has not yet accepted ownership and possession of said 5.41 acre outlot, but possession and maintenance obligations have remained with the Subdivider; and WHEREAS, Subdivider now wishes to convey a .44 acre portion of said outlot to a private party to be combined with the adjacent Lot 132, Wild Prairie Estates, Part Five; and WHEREAS, this portion of the outlot serves no public purpose and the conveyance of any interest the City may have in said portion of the outlot will not impair the public purpose of the remaining outlot, which will still satisfy the neighborhood open space requirements of the Iowa City Code of Ordinances; and WHEREAS, the dedication of Outlot B was required to pursuant to the Subdivider's Agreement for said subdivision, and thus the agreement must be amended; and WHEREAS, Subdivider intends to convey full title and possession to the City for the remaining portion of Outlot B upon approval of the conveyance of the .44 acre auditor's parcel; 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 consider the conveyance of any interest it may have in Auditor's Parcel 2013038, a .44 acre portion of Outlot B, Wild Prairie Estates, Part Five, Iowa City, Iowa, to Kennedy - Hilgenberg Enterprises, Inc. 2. A public hearing on said proposal should be and is hereby set for August 6, 2013, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 23rd day of July 2013. MAYOR Approved by ATTEST:llt�r ✓�Z1��C� CITY CLERK City Attorney's Office �/7/� Resolution No. 13 -241 Page 2 It was moved by Champion 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 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 13 -242 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, the franchise agreement with MCC Iowa LLC (Mediacom) provides that certain funding, equipment, and facilities is to be provided to a nonprofit organization to manage and operate the local public access channel, functions, and equipment; WHEREAS, the City has contracted with Public Access Television, Inc. ( "PATV "), a nonprofit organization, for over twenty years for the provision of public access and community programming on cable television, and the current agreement has expired; and WHEREAS, the City and PATV have negotiated a new two -year agreement for said management and operation of the local public access channel, functions and equipment commencing upon execution and ending April 30, 2015. 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 to the Agreement, a copy of which is attached. Passed and approved this 23rd day of July 12013. .t _ , mc ETA � • C ATTEST: � _ealu/ CITY CERK Approved by �-- f � -(3 City Attorney's Office za(17) Resolution No. 13 -242 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton AGREEMENT by and between The City of Iowa City, Iowa, and Public Access Television, Inc. for Funding, Operation and Management of the Local Public Access Function This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ( "Iowa City') and Public Access Television, Inc., an Iowa non - profit corporation ( "PAN') (collectively "Parties "). In consideration of their mutual promises, the Parties agree as follows: RECITALS 1. The City of Iowa City desires to provide support for the use of public access channel(s), namely non - commercial community programming channel(s) provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and all other applicable local, State and Federal laws. 2. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, Kirkwood Community College, or educational access channels. 3. The franchise agreement between Iowa City, Iowa and Mediacom Communication Corporation of Iowa LLC ( "Mediacom ") provides certain payments shall be made by Mediacom to support the public access channel(s) and /or for the production and cablecasting of programming. 4. For the purposes of this Agreement, the definition of public access services is providing residents or groups of residents of the Iowa City community with video production equipment and public access facilities, and training and professional support in their use, and non - profit community based graphic messaging and video program distribution on local cable television and video service system(s), reserved by City or State franchise agreements for the purpose of cablecast distribution of public access programming. 5. Examples of public access services to be provided for members of the Iowa City community would include, but are not limited to, operating a public access facility, employing and providing professional staff and trainers to provide producer support, operating training workshops in media production, providing, scheduling and maintaining media production equipment, scheduling and managing the cablecast of media programs produced by or provided by members of the Iowa City community on the public access channel(s), or obtaining pre- recorded programming of general interest to the community, and developing promotional materials or other outreach efforts to build audiences and promote the use of public access services in the community. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PATV shall perform the following services: A. Operate a Public Access Center. Provide a media production facility and public access cable channel origination site, all necessary equipment, and appropriate staffing, to facilitate Iowa City residents in the production and exhibition of public access and other community submitted video programming deemed appropriate K for cablecast on Iowa City public access cable channel(s). B. Provide Equal Access. Allow access and use of equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non - discriminatory basis, to all Iowa City residents. This access shall be only for non - commercial programming purposes, whether produced or provided by individuals, groups, or organizations. C. Provide Training and Professional Support. Provide monthly training in the techniques of media production and facilitate production of public access programming by providing technical advice and /or staff support. D. Operate Public Access Cable Channel(s). Operate the public access cable channel(s) for public access purposes. Operation shall include, but not be limited to, responsibilities for technical operations and administering the channel(s), program scheduling, coordination and /or promotion of the video programs of those authorized to use the public access channel(s). E. Programming. Schedule and cablecast programs for a minimum of 70 hours per week on the public access channel(s) according to PATV's adopted rules and guidelines. Digital signage public service announcements cannot be counted for more than 30 minutes per day of the 70 hour per week minimum requirement. F. Program Listing PATV shall regularly send program - listing information to all appropriate agencies so that program information may be included in the local print media (currently the Press - Citizen and Daily Iowan) and on the digital tiers of the local cable TV company(s), if available. G. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the City and Mediacom. H. Maintain Rules. Maintain written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the City. PATV shall provide the City with a copy of said rules and guidelines to allow the Iowa City Telecommunications Commission ( "ICTC') to review, comment, and endorse. Said rules and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, FCC regulations, and all other applicable local, state, and federal laws. Further, any rules and guidelines specific to times and hours of cablecast shall be content - neutral and consistent with the public forum doctrine, namely time, place and manner. I. Maintenance and Repair of Equipment. Provide regular maintenance and repair of all video production and program cablecast equipment and replace broken equipment or return it to an operational status in a reasonable time. J. Client Satisfaction. Conduct annual assessments of client satisfaction of relevant services, staff, and access center offerings including but not limited to training, equipment availability and condition, and staff responsiveness to be provided to the ICTC with each annual report. K. Performance Review. In cooperation with the City and after two years of operation under this Agreement, or at the time of any renewal or extension thereof, undertake a performance review that shall include an opportunity for public access users, cable subscribers, and the general public to provide 3 comment. L. Compliance with Laws, Rules and Regulations. Administer the public access channel(s) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Broadband Telecommunications Franchise Enabling Ordinance, and in accordance with the franchise agreement between the City and Mediacom. M. Use By Non - Residents. Iowa City residents shall be permitted to utilize PATV services and facilities at no charge. Residents of area communities in which the Iowa City public access channel's signal is received, including North Liberty, Tiffin, University Heights, and Coralville cable systems, may use PATV equipment and facilities so long as they pay a minimum annual charge to PATV of $75 for an individual or $150 for an organization. The obligation for these charges can be satisfied by volunteering personal time in the amount and in the manner determined by PAN to be equivalent to the annual charge. Additional charges to non - residents may be determined and required by PAN. Access to and programming created with PAN facilities and equipment shall be only for non - commercial programming purposes, whether produced or provided by individuals, groups, or organizations. N. Other Activities. Undertake other public access activities as deemed appropriate by PATV, including the generation of revenue by engaging in commercial activity except that no revenue may be generated by use of the public access channel. Section 2. Programming Content. PAN agrees to keep the public access channel(s) and services available to all Iowa City residents that are potential users, free of censorship, and in compliance with FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Both parties agree that they will not attempt to control the content of programming placed on the public access channel(s) to the extent such programming is both lawful and also remains in compliance with PATV's approved programming rules and guidelines. Section 3. Indemnification. PAN shall indemnify, defend and hold harmless the City, its officers, agents, and employees from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement or which may be caused in whole or in part by any act or omission of PAN. The City shall indemnify, defend, and hold harmless PAN, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City. Section 4. Copyright Clearance. Before cablecasting video and /or audio transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PATV shall maintain copies of all such user agreements for purposes of inspection by the City, upon reasonable notice given by said party, and for the term of the applicable statute of limitations. PATV shall notify the City promptly in writing upon its notification of copyright violation. If PATV violates this provision it agrees to indemnify the City fully as provided in Section 3 above for any liability imposed on the City. 4 Section 5. Copyright and Ownership. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person(s) so copyrights, subject, however, to PATV's continuing rights to cablecast recordings and /or recorded media, both physical media and /or by electronic devices, as is established and governed by PATV's adopted rules and guidelines. PATV shall be allowed to copyright any audio and /or video program that it may choose to produce. Section 6. Distribution Rights. A. PAN shall require that all public access programs produced with funds, equipment, facilities, or staff pursuant to this Agreement shall be distributed on the cable channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other production and distribution (beyond that production and distribution on cable channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines as noted above in Section 1, A, B, and H. Alternative production and distribution may include "new media" systems. New media is a term meant to encompass the emergence of digital, computerized, or networked information, communication technologies and Internet production and distribution opportunities. B. PAN shall display a credit three times per day between the hours of 8 a.m. and 11 p.m. stating "Partial funding for the operation of this channel is provided by Mediacom [along with any other existing cable TV franchises, if any,] and by the City of Iowa City." Section 7. Equipment and Facilities. A. PAN shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PAN under this Agreement or purchased with funds provided pursuant to this Agreement. B. PAN recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PAN agrees to pay any and all lawful and non - exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PATV may have in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will the City be responsible for any fees incurred as a result of such protest. C. PATV shall own all equipment and facilities acquired by it and purchased with City funds received during the term of this Agreement and in past Agreements. Upon termination or non - renewal of this Agreement, PAN agrees that all PATV's assets, equipment and facilities shall be donated, transferred, reassigned or disposed of pursuant to Section 18.D of this Agreement. Section 8. Insurance. PAN will maintain in full force and effect, and at all times during the term of this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by PATV and may be paid from funds received pursuant to this Agreement. The City requires that the Insurance carrier be A- rated or better by A.M. Best. All liability policies shall include the Waiver of Subrogation endorsements in favor of the City of Iowa City. A. PAN will maintain Injury and Property Damage insurance with coverage amounts of a minimum of $1,000,000 for "Each Occurrence" and $2,000,000 "Aggregate." 5 Comprehensive General Liability shall include Contractual, Premises & Operations, Products & Completed Operations, and Aggregate Limits of Insurance endorsement. B. PAN will maintain Comprehensive automobile liability for any vehicle owned, leased, or operated by PATV, at a minimum of $1,000,000 for "Each Occurrence" combined single limit. C. PATV will maintain Professional Liability with coverage amounts of a minimum of $1,000,000 for "Each Occurrence" and $1,000,000 "Aggregate." D. PATV will maintain full Worker's Compensation Insurance as required by Iowa Code, Chapter 85. E. PATV will maintain Employer's Liability insurance with coverage for "Each Occurrence" at $500,000 for "each accident," $500,000 for "each employee" and a $500,000 policy limit. F. City as Co- Insured or Additional Insured. PAN shall include the City of Iowa City, Iowa, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and authorities and their boards' members, employees and volunteers as additional insured on all policies except workers compensation. Such additional insured endorsement(s) shall make the entities liability Insurance primary to the City of Iowa City's and furthermore, shall not be contributing with any other insurance or similar protection available to the City of Iowa City, whether such available protection is primary, contributing or excess. City of Iowa City shall be an additional insured as respects all required aforementioned coverage, which shall be stated on Certificates of insurance that the City of Iowa City is an additional insured. This subsection shall be interpreted to be expressly limited to claims made against Iowa City in relationship to PATV's activities. G. Notification of Coverage. PATV will file with the City Certificates of Insurance for coverage required above within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice, the City may request that Certificates of Insurance be provided at any time. Section 9. Non - Discrimination in Employment. PATV shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation or political affiliation. Section 10. Independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal /agent or employer /employee exists between the City and PAN. If in the performance of this Agreement any third persons are employed by PAN, such persons shall be entirely and exclusively under the control, direction, and supervision of PAN. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PAN, and the City shall have no right or authority over such persons or terms of employment. Section 11. Assignment. Neither this Agreement nor any interest herein shall be assigned or transferred by PAN, except as expressly authorized in writing by the City. Section 12. Reports A. Annual Reports. PATV shall prepare and provide annually to the City, within 90 days following the end of each year (December 31), a written report of operational activities, which report shall include, but not be limited to, the following information: A 1. Current and complete listing of PATV's Board of Directors 2. Year -end financial summary 3. Written annual reports and statistical comparisons from the previous year, and to other similar access centers if such data is available 4. Equipment use including studio use, checkout of equipment, and editing bay bookings 5. Total number of new producers 6. Total number of workshops taught 7. Total number of new locally produced programs cablecast on the channel 8. Total video programs submissions, i.e. programs cablecast but NOT produced with PATV equipment or facilities 9. An inventory of all equipment. B. Periodic Reports. PATV shall also prepare and provide periodic reports on the following: 1. Monthly reports at Iowa City Telecommunications Commission meetings. 2. Quarterly written reports for the Iowa City Telecommunications Commission that will include: a) A general report of operational status b) Current financial statements c) An accounting on the number of persons trained in the workshops offered during that quarter, their rate of program completion, and whether they are affiliated with any university or community college program at any time d) A report of individual public access programs and their run times produced and cablecast over the quarter e) A report of how many and how often non -Iowa City resident PAN members used the facility during the quarter f) Other information deemed important by PATV g) Any additions or deletions from the equipment inventory. 3. Other reports reasonably requested by the City Council, Iowa City Telecommunications Commission or any current or future franchise agreement. Section 13. Records. PAN shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. A. Funding. PAN shall receive funding as a result of the franchise agreement between the City and Mediacom. Pursuant to the aforementioned, funds will be made available to PATV as follows: 1. City shall pay to PAN monthly 1/12 of an amount based on a 2013 annual payment of $231,528.05, subject to a yearly escalator as provided in the franchise agreement between Iowa City and Mediacom and further subject to the provisions of Subsection A. 2 of this Section 2. All of the above notwithstanding, funding from the City to PATV shall only be provided as long as Mediacom is obligated to, and continues to, provide funding as specified in Subsection A.1. of this Section. City shall not be obligated herein to make any payment to PATV under this agreement unless and until such amount is paid to Iowa City by Mediacom. B. Multiple Service Providers. In the event that additional Iowa City municipal or state cable franchise agreements are accomplished, modified or renewed by exiting or other 7 cable, telephone or similar service providers, the City agrees to make a good faith effort, but without guarantee, to obtain similar or adjusted agreements as defined in Section 14.A.1 of this contract with the new franchisee(s) if allowed by federal, state, or local law. A good faith effort shall include a request in writing from the City to the franchisee(s). C. Continued Services. The Parties shall continue to utilize dedicated channel(s) as provided for in the City's cable ordinance decreeing public access channel dedication. D. The City will make reasonable efforts to enforce all provisions of its ordinance and franchise agreement regarding public access. Section 15. Expenditure of Funds. PAN shall spend funds received from the City solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years. Section 16. Funding From Other Sources. PAN may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of Agreement. This Agreement shall commence upon execution and approval by the City and end on April 30, 2015, unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for an additional three -year period as set forth below. Section 18. Termination of Agreement: Transfer of Assets. A. The City shall have the right to terminate this Agreement for breach of any provision of the Agreement by PAN, upon sixty (60) days written notice to said breaching party, provided that the breaching party may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. The City may also terminate this Agreement if PAN is dissolved. B. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the City, upon sixty (60) days written notice to them, provided that the City may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. C. Upon the occurrence of any of the following events, and notwithstanding any provisions to the contrary in PATV's Articles of Incorporation or Bylaws, PATV agrees that the assets of PAN, including any real estate and equipment, shall be transferred or conveyed, at no cost to the City or its designee, by PAN to an organization or entity which the City may designate, which may include the City: 1. Termination, for reason provided herein, of this agreement between the City and PAN for the provision of public access /community programming services to the community, including termination for failure to perform as required under said agreement. 2. Dissolution of PAN as a private, non - profit corporation under the laws of the State of Iowa. 3. Failure by PATV to meet its obligations to repay its mortgage loan under the terms and conditions of said mortgage D. The City shall have the right to terminate this Agreement on thirty (30) days written notice to PAN in the event that funding for public access shall cease to be provided by operation of federal, state or other applicable law including the conversion of the Iowa City municipal cable franchise to an Iowa State cable franchise. In such event, and notwithstanding Section 14 hereof, the City shall have no liability to provide funding to PAN, nor shall the City be liable to PAN for any damages it may suffer or claim resulting from the termination of this Agreement. E. In the event the City terminates this Agreement pursuant to Section 18(D) and PATV is able to continue to operate as a private corporation under the laws of the State of Iowa, PATV may continue to operate as an independent Public Access Center and the City shall grant PATV access to carriage on and connection to local cable systems for public access cable channel origination. Section 19. Renewal of Agreement. This Agreement may be renewed, extended or renegotiated for additional periods, pursuant to the following process: A. If PAN seeks a renewal or renegotiation of this Agreement, it shall do so on or before January 1, 2015 by letter of intent to the City requesting renewal or renegotiation. 1. The City shall respond to PATV's letter of intent to request renewal or renegotiation of the contract within sixty (60) days. Renewal or renegotiation may not be denied solely on the failure of PAN to make such a request by January 1, 2015 unless the City has provided PAN a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. 2. If the City indicates its desire to renew or renegotiate this Agreement, PATV shall, within sixty (60) days, submit to the City a letter accepting the contract as is or outlining the content of the proposed new Agreement including items to be negotiated. B. If the City indicates its intention not to renew or renegotiate this Agreement, it must delineate, in writing, specific reasons for said denial. On receipt of the specific reasons for denial, PAN will be allowed sixty (60) days to provide a cure or a plan to cure the problems or issues raised by the City. The City will not be obligated to renew or renegotiate. C. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time. Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute, which cannot be resolved through mediation or where mediation has been rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa District Court in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and /or criminal prosecution is E sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PATV: Josh Goding Executive Director Public Access Television, Inc. 206 Lafayette St. Iowa City, IA 52240 To City: Marian Karr City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire Agreement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, PUBLIC ACCESS TELEVISION, INC. a municipal corporation a non - profit organization Mathew J. Hayek, Mayor Josh oding, Executive Attest: G�,i�r� ye. Marian "K— Karr, City Clerk Approved By City Attorney's t i it .. Date: ? ( 7 / Zv 3 r Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 RESOLUTION NO. A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN - SOUTHEAST DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM MULTI - FAMILY TO COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MUSCATINE AVENUE AND SCOTT BOULEVARD. (CPA13- 00002) WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area limit for the City; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, John Hieronymus, the property owner, has requested that the land -use designation for the property located the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard be changed from Multi - Family to Commercial; and WHEREAS, the Planning and Zoning Commission reviewed this amendment and determined that circumstances have not changed to the extent that an amendment to the Comprehensive Plan- Southeast District Plan is warranted; and r - WHEREAS, the City Council has reviewed the applicant's request and the Planning and Zoning Commission's recommendation and determined that an amendment to the t Comprehensive Plan- Southeast District Plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land -use designation for 3.72 acres of property located the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard shall be changed from Multi - Family to Commercial in the Iowa City Comprehensive Plan and the Southwest District Plan. Passed and approved this day of 12013. MAYOR: ATTEST: CITY CLERK Approved by: ity Attorney's Office /�L�� Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 RESOLUTION NO. A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN- SOUTHEAST DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM MULTI - FAMILY TO COMMERCIAL FOR PROPERTY LOCATED AT THE ORTHWEST CORNER OF THE INTERSECTION OF MUSCATINE AVENUE ND SCOTT BOULEVARD. (CPA13- 00002) WHERE the Iowa City Comprehensive Plan serve as a land -use planning guide by illustrating an escribing the location and configuration of ppropriate land uses throughout the City, provides notification to the public regarding intended uses of land; and illustrates the long range growth area imit for the City; and WHEREAS, if cl umstances change and /or addition I information or factors come to light, a change to the Compr ensive Plan may be in the public ' terest; and WHEREAS, John ieronymus, the property o er, has requested that the land -use designation for the prope located the northwest cor r of the intersection of Muscatine Avenue and Scott Boulevard be cha ed from Multi- Family to ommercial; and WHEREAS, the Planning nd Zoning Commissi reviewed this amendment and determined that circumstances have not c nged to the exten that an amendment to the Comprehensive Plan- Southeast District Plan is wa anted; and WHEREAS, the City Council s reviewed a applicant's request and the Planning and Zoning Commission's recommen tion and determined that an amendment to the Comprehensive Plan- Southeast District Ian is rranted. NOW, THEREFORE, BE IT RESOLVED114THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land -use designation for 3.72 cres f property located the northwest corner of the intersection of Muscatine Avenue And Scott oulevard shall be changed from Multi - Family to Commercial in the Iowa City C mprehensiv Plan and the Southwest District Plan. Passed and approved this Aay of \ , 2013. ATTEST: CITY CLERK MAYOR: Approve by: City Attorney's Office /-t a"., M-� 4f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 (SUB13- 00010) RESOLUTION NO. 13 -243 RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Rochester Ridge LLC, filed with the City Clerk the final plat of Rochester Ridge Part 4, 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: A portion of the Southwest Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: Beginning at the Southwest Corner of Lot 41 of Rochester Ridge Part Three, in accordance with the Plat thereof Recorded in Plat Book 57 at Page 116, of the Records of the Johnson County Recorder's Office and the Northeast Corner of Oakwoods Addition Part 3, in accordance with the Plat thereof Recorded in Plat Book 8 at Page 61 of the Records of the Johnson County Recorder's Office; Thence S89 005'57 "W, along the North Line of said Oakwoods Addition Part 3, a distance of 331.52 feet to the Southeast Corner of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 °12'44 "W, along the East Line of said Conveyed Parcel 431.87 feet, to a Point on the Southwesterly Line of said Rochester Ridge Part Three; Thence N89 °47'1 6 "E, along said Southwesterly Line, 108.50 feet; Thence Southeasterly, 39.27 feet, along said Southwesterly Line on a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears S45 012'44 "E; Thence N89 °47'16 "E, along said Southwesterly Line, 50.00 feet; Thence N00 012'44 "W, along said Southwesterly Line, 5.00 feet; Thence Northeasterly. 39.27 feet, along said Southwesterly Line on a,25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears N44 °47'16 "E; Thence N89 047'16 "E, along said Southwesterly Line, 108.35 feet; Thence 300 012'44 "E, along said Southwesterly Line. 194.94 feet; Thence S21 °56'20 "E, along said Southwesterly Line 102.98 feet; Thence S09 009'24 "W, along said Southwesterly Line, 144.20 feet, to the Point of Beginning. Said Tract of land contains 3.24 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: Resolution No. 11-243 Page 2 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. Passed and approved this 23rd day of July '2013. MAYOR Approved by ATTEST: IVA AA W70?27� 414/ � CITY HERK City Attorney's Office 7//r/6 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton pcd /templates /SUB13 -00010 Final Plat - Resolution.doc.doc �r STAFF REPORT To: City Council Item: SUB13 -00010 Rochester Ridge Pt. 4 GENERAL INFORMATION: Prepared by: Andrew Bassman, Planning Intern Date: July 23, 2013 Applicant: Rochester Ridge LLC P.O. Box 3474 Iowa City, Iowa 52244 319- 530 -8238 allenhomesinc @gmail.com 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 of an 11 -lot residential subdivision Teton Circle, south of Rochester Avenue 3.24 acres undeveloped, OPD -5 North: residential, OPD -5 South: residential, RS -5 East: undeveloped, OPD -5 West: undeveloped, RS -5 June 18, 2013 August 17, 2013 A preliminary plat and Planned Development Overlay (OPD) plan for Rochester Ridge, a 55 -lot, 23.22 -acre residential subdivision with three outlots, was approved in 2011. The OPD plan allowed for cluster development in order to preserve environmentally - sensitive features, including wetlands, regulated slopes, woodlands and a stream corridor. Final plats for Rochester Ridge Parts One and Two were approved in September 2011. Part Three was approved in November 2012. The applicant is now seeking final plat approval for Part Four, a 13 -lot, 4.49 -acre subdivision. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and current 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. The open space requirement for this portion of the subdivision is 3,316 square feet. The Parks and Recreation Commission reviewed the preliminary plat for Rochester Ridge and determined 2 that there is not property within the subdivision that is suitable for neighborhood open space and decided to accept fees in lieu of parkland dedication. STAFF RECOMMENDATION: Staff recommends approval of SUB13- 00010, the final plat of Rochester Ridge Part Four, a 3.24 - acre, 11 -lot residential subdivision located at the south end of Teton Circle, south of Rochester Avenue, provided that legal papers and construction drawings are approved by Staff. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Robert Miklo, Department of Planning and Community Development PCD \Staff Reports\sub13 -00010 rochester ridge pt. 4.doc ��► PI PIP � 111111 NONNI ■■ Z o I US Z o I �`• ME LJ " QHM I'M v , -� nhEmio•� °�'�s��gE�° ;i ts�h:8'e �•. Y§ 86sas� 5; s`8 °min °: :�,��'� °��,•'� ¢a� �sao�fi °PVC «g�8�fi8s Alh `, "'Ag 9 "j\� o CD g8 F4F q� Nn844 1 W -- K C K N to Z Z �U E o rc� OC OU O z 3 rc i I17 o - d CL Cl) W QZQ O jt ¢ C1 000 F Z o I US Z o I �`• ME LJ " QHM I'M v , -� nhEmio•� °�'�s��gE�° ;i ts�h:8'e �•. Y§ 86sas� 5; s`8 °min °: :�,��'� °��,•'� ¢a� �sao�fi °PVC «g�8�fi8s Alh `, "'Ag 9 "j\� o CD g8 F4F q� Nn844 1 ®orns�aa �rsnmr.n mss.: snn �y.".w::'�r ••�,� ®Fima�z �irs�riora-;^:ri �i FINAL PLAT R®CF9EMA RID61 APART FOUR IOWA CITY. JOHNSON COUNTY, IOWA I P ilk- Pq 0. 1 Y� 'wa �o�Mlelw r sctrw's'. Y�utlrv'rnvneme l W� IS 4x 1 Hlt rwr ]14 NCP S •rqurnn-.rm M M s CIA. ENSNERS WDRAIERS U DSJRAYCRS LMC+PEPRJIIECTS EMIROWEMfI SEECI4ISIS k1v1� Vfv�kYMfLV) PI.IM+Mt wwI'wvprWWMM •M.nwwunnr,r u. eM M4MM 0.M »fMY�I >. Tw»9TFwr. H�.we .I vM IAI M1I.,M� �MrNT Iw. CM.. IiNM iwMr. Iw[ rw,1rN us �won� Final Pla: 1 9M IMrw fw_y1_L PART 50A vui,rur..v. »ov_u ny tli NOWACITY City of law City JOHNSON COUNTY g e ar �4WM 14 n, wm m m W�iCARTi�`.1NO R�RO�dt MNIS CONSULTANTS, I x.Kr.rzro- 1 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 (SU1311 -0006) RESOLUTION NO. 13 -244 RESOLUTION APPROVING THE FINAL PLAT OF HICKORY POINTE, 2nd ADDITION WHEREAS, the owner, Hickory Point, L.L.C., successor -in- interest to Casey Boyd, L.L.C., filed with the City Clerk the final plat of Hickory Pointe, 2nd Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES. 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 of Hickory Pointe, 2nd Addition, 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. The City shall accept dedication of Outlot A upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 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, including the release of any easements encumbering the property pursuant to prior platting of this property, 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 -244 Page 2 Passed and approved this 23rd day of July 2013. M` YOR Pro tem Approved by ATTEST: Jt���wv-�rrr�i�9�key,� CI LERK City Attorney's Office It was moved by PgynP and seconded by nobyris the Resolution be adopted, and upon roll call there were: AYES: NAYS: X x X x x x pcd /templates /Final Plat - Resolution Hickory Pointe 2nd.doc.doc ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ABSTAIN: x Prepared by: Sarah Walz, Associate Plan er, 410 E. Washington St., Iowa City, IA E RE LUTION NO. RESOLUTION APPROVING TH INAL PLAT OF HICKORY (319) 356 -5239 (SUB11 -0006) INTE, 2nd ADDITION WHEREAS, the owner, Hickory Point, L. C., successor- in- interes to Casey Boyd, L.L.C., filed with the City Clerk the final plat of Hickory Poi e, 2 "d Addition, Iowa ity, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the ollowing -desc ed real estate in Iowa City, Johnson County, Iowa, to wit: HICKORY POINTE, IOWA CITY, IOWA IN CCO ANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAININ .97 ACRES. WHEREAS, the Department of Planning and Department examined the proposed final plat and WHEREAS, a dedication has been made to the p blic, free consent and in accordance with the desires o the c WHEREAS, said final plat and subdivision ar found to (2013) and all other state and local requireme s. nity Development and the Public Works ;ion, and recommended approval; and the subdivision has been made with the and proprietors; and with Chapter 354, Code of Iowa NOW, THEREFORE, BE IT RE/bend THE CITY COUN L OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat anion of Hickory Pointe, 2 "d Addition, located on the above - described real est the same are hereby appr ved. 2. The City accepts the dof the streets and easem is as provided by law and specifically sets aside phe dedicated land, namely s eets, as not being open for public access at the timrding for public safety reaso s. The City shall accept dedication of Outlot A tisfaction of the terms and conditions stated in the Subdivider's Agreement 3. The Mayor and City C rk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by t e City Attorney, to execute all legal docu ents relating to said subdivision, and to rtify a copy of this resolution, which shall be affi d to the final plat after passage and appr val by law. The City Clerk shall record the legal doc ments and the plat at the office of the County Recorder of Johnson County, Iowa at 1he expense of the owner /subdivider. Resolution No. Page 2 Passed and; approved this ATTEST: CITY CLERK It was moved by adopted, and upon roll call th a were: AYES: NA pcd /templates /Final Plat - Resolution (2).doc.doc day of , 2013. MAYOR by ty Attorney's Office 71�% and seconded b the Resolution be NT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton To: Planning & Zoning Commission Staff Report Prepared by: Sarah Walz Item: SUB11 -00006 Date: July 23, 2013 Hickory Pointe, 2nd Addition (a re- subdivision and amendment to an approved OPD -8 plan ) GENERAL INFORMATION: Applicant: Contact Person: Casey Boyd, LLC 250 12th Avenue, Suite 150 Coralville, IA 52241 Casey Boyd cjboyd @msn.com 319- 354 -8118 Requested Action: Final Plat Purpose: Development of Hickory Pointe, 2nd Addition, a re- subdivision for the purpose of constructing a 16- unit apartment building. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 60 -day limitation period: West of First Avenue as an extension of Hickory Trail. 2.97 acres Undeveloped, Planned Development (OPD -8) North: Undeveloped (ID -RS) South: Park (P1) East: Undeveloped, Residential Single- family (RS -5) West: Undeveloped (ID -RS) The Northeast District Plan identifies these lots for townhouse development. Hickory Hill (C8) July 1, 2013 September 1, 2013 BACKGROUND INFORMATION: The applicant, Casey Boyd LLC, received approval of a preliminary plat for Hickory Pointe, a 2.97 - acre subdivision located at the northwest corner of First Avenue and Hickory Trail. Access to the subdivision will be provided from an extension of the Hickory Trail, west of First Avenue. A preliminary plat for this subdivision was approved in 2011. The conditional rezoning agreement 2 for the property was also approved on the same date. The applicant is now seeking approval of the Final Plat for Hickory Pointe in order to construct a single building with 16 condominium units (2 -3 bedrooms each). ANALYSIS: The final plat is in general conformance with the approved preliminary plat and the subdivision regulations. Construction plans have been submitted 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. Neighborhood Open Space: The zoning ordinance requires the dedication of .1033 acres (4,500 square feet) of neighborhood open space for a development of this size. The developer has agreed to dedicate the 1,841- square -foot portion of land on the south side of Hickory Trail such that the north boundary of Hickory Hill Park will extend to the street (Hickory Trail). This proposal will be referred to the Parks and Recreation Commission. In lieu of additional open space, the applicant will be required to pay fees equal to the value of 2,659 square feet of land. Conditions of rezoning: As part of the rezoning to allow a multi - family structure, conditions were agreed to in order to ensure that the development would address pedestrian connections and compatibility of the multi - family building with the surrounding single family neighborhoods. The conditional zoning agreement requires the multi - family buildings to adhere to submitted site plan and building elevations at the time of rezoning or approval by the Staff Design Review Committee. This requirement will be addressed at the time a building permit is applied for. The conditional re- zoning also required a stewardship plan for establishing and maintaining the a proposed open prairie area on the site. This long -term maintenance of the prairie site will be addressed as part of the condominium declaration. STAFF RECOMMENDATION: Staff recommends that SUB11- 00006, the final plat of Hickory Pointe, 2nd Addition, combining 3 lots into 1 for the purpose of constructing a 16 -unit apartment building in accordance with a conditionally zoning agreement and OPD -8 Plan for property located at the northwest corner of First Avenue and Hickory Trail be approved. ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: / Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports\rez10 -00013 hickory points final plat2 2013.doc L E21M W PENN M w ZD0Q Qf a O 0 O Q Ile 0 O O • -�Q >a O 0D C2 D 0 W � N w N 00 I M N N N 117 3 0 U 3 O F- N r W 9 N n rn d Z J N O v V) O Z 0=: W O: ° Q M m Pli Q CL w w IL h-- W w r O Z o N 0000 aWz� o Ld = 0 0 a 3: 5;M 0 CL W W Q M O O (n 0 � _• 140 Wd 0� : -V0 :Z l � LOZ /0l /L 6MP'j� LO�LZL \ -� LO- �:LZL \�LZL\ :0 .. 2 E 2 C� ' L-: too N V8 ro °�° w Z O N CO WZ'r0+w F- CJ H�� '�F � � w mQ� �Qv 5;>2 J 0) z Z � � ct) /� fYi A. 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GILBERT STREET IOWA CITY, IA 52240 Final Plat HICKORY PO TE9 2ND ADDITION "A RESURDIVISION OF HICKORY POINTE" IOWA CITY, IOWA I? CITY OF IOWA CITY ��gftw_� MEMORANDUM 5 To: Tom Markus, City Manager From: Jeff Davidson, Director of Planning and Community Development Wendy Ford, Economic Development Coordinator Date: July 12, 2013 Re: July 23, 2013 Agenda Item: Amendment #1 to Moss Green Urban Village Urban Renewal Area Introduction The City desires to pursue urban renewal projects in the Moss Green Urban Village Urban Renewal Area. State code requires that an Urban Renewal Plan must be amended to include any potential project before the City can enter into a developer's agreement or finance a public improvement project within the urban renewal area using tax increment financing. History /background The original Moss Green Urban Village Urban Renewal Area was established in April, 2010 (reso. 10 -137). The Developer has requested City assistance to design and construct Moss Ridge Road, the primary, and for now, the only access into the development. The City applied for and was awarded a $1,906,250 RISE grant for the road project because of the jobs the development will be able attract in the Office /Research Park development. Plans for the road involve the purchase of a small piece of land from Pearson over which part of the road will be constructed. Access to the development area is the first step toward and will facilitate future office park development that will build the City's tax base and attract jobs to the area. Discussion of Solution On June 18, 2013 City Council passed a Resolution of Necessity (reso. 13 -206) initiating the process for amending an Urban Renewal Plan. The resolution set the date for the Public Hearing on Amendment #1 (July 23, 2013) and the date for a consultation with affected taxing entities (June 26, 2013). One person, Rod Sullivan, a representative of the Johnson County Supervisors attended the meeting and discussed plans with staff. The items in Amendment #1 to the Moss Green Urban Village Urban Renewal Plan provide for a) the City to enter into a development agreement for the construction of a road, b) the inclusion of the Pearson property to enable tax increment financing derived from that land and the original Urban Renewal Area to be used to finance the road, and c) the possibility for City Council to consider future development agreements with employers building in the office park. Recommendation One June 11, 2013, the City Council Economic Development Committee voted (3 -0) to recommend to the full City Council adoption of Amendment #1 to the Moss Green Urban Village Urban Renewal Area. Staff recommends approving Amendment #1 to the Moss Green Urban Village Urban Renewal Area to enable entering into a development agreement for construction of the road and, in the future, to enable City Council to consider development agreements of future Moss Ridge Campus projects that build the tax base and attract jobs to the new office park. AMENDMENT #1 `1 1 f' MOSS GRE;EWA, RBAN-�VILLAGE URBAN L PL AN (a/k/a Moss Ridge ban Renewal Plan) CITY OF IOWA TY, IOWA Adopted April 2010 m r- AMENDMENT #1 to Moss Green Urban Village URBAN RENEWAL PLAN CITY OF IOWA CITY, IOWA The Moss Green Urban Village Urban Renewal Plan (a/k/a "Moss Ridge Urban Renewal Plan") ( "Plan") for the Moss Green Urban Village Urban Renewal Area (a/k/a "Moss Ridge Urban Renewal Area ") ( "Area" or "Urban Renewal Area "), adopted in 2010, is being amended to add additional land to the Urban Renewal Area and to add proposed projects to be undertaken within the Urban Renewal Area ( "Amendment #1" or "Amendment "). Except as modifie by this Amendment, the provisions of the original Urban Renewal Plan are hereby ratified, co firmed, and approved and shall remain in full force d effect as provided herein. In case o any conflict or uncertainty, the terms of this ndment shall control. OF THE The legal description of th additional land being added to e t Urban Renewal Area herein is attached hereto as Exhibit `A" and incorporated herein byAis reference. Said area is shown as the 2013 Amended Area on the map of the Urban Rene Area, as amended, attached hereto as Exhibit `B" and incorporate erein by this reference. /' FBI The Area added pursuant to this appropriate for the promotion of new cc Although certain project activi projects previously proposed in the U� under this Amendment include: 7 1. Public DESIGNA' 1* economic development district that is industrial development. r over a period of years, in addition to the Plan, the Proposed Urban Renewal Projects Project Date Estimated cost Construe.don of Moss Ridge Road from Hwy 1 September 2013- Not to exceed west to the eastern boundary of the Moss September 2014 $3,700,000 Green Development Corporation property and the installation of traffic control improvements at the planned intersection with Hwy 1 Total Not to exceed $3,700,000 -2- 2. 3 Development Agreements: A. Moss Green Development Corporation: The City expects to enter a developer's agreement and minimum assessment agreement with the Moss Green Development Corporation to impose a minimum assessment on certain developable lots in Moss Ridge Campus at Rapid Creek Preserve, Part One for a period years, which will generate a tax increment intended to be captured and utilized for the payment of certain public improlements associated with the construction of Moss Ridge Road, as described above. B. Additio a requests for Develop i Plan, in the City's sole but based on past hist climate, the City expects this Plan, including but incentives. The costs $6,500,000. Property Acquisition Development AgrE t Agreements for iscretion. Such A, y, and dependent -o consider a broad t limited to land! 0 such Devel ni mne s. the City expects to consider roj cts that are consistent with this r ments are unknown at this time, n development opportunities and range of incentives as authorized by loans, grants, tax rebates and other lent Agreements will not exceed Project I Date Estimated cost Property Acquisition for the Public Improvement project described above May 2013- ISeptember 2013 Not to exceed $400,000 4. Planning, engineering fees, sts an attorney fees to support urban renewal projects Project ate Estimated cost Fees and costs U determined Not to exceed $700,000 DEBT 1. July 1, 2012 con titutional debt limit: $226,165,266 2. Outstanding neral obligation debt: $75,3�Z 000 3. Proposed unt of indebtedness to be incurred: A specific ount of debt to be incurred for additional projects as not yet been determined. The City Council will co sider each project proposal on a case -by -case : y basi to determine if it is in the City's best interest to participate. However, it is estimated that the cost of the Proposed Urban Renewal Projects as described above $2,900,000 M will be approximately as follows: 1 $11,300,000 -3- PROPERTY ACOUISITION/DISPOSITION The City will follow any applicable requirements for the acquisition and disposition of property. The Urban Renewal P an may be amended from ti to time for a variety of reasons, including but not limited to, ad ing or deleting land, adding rban renewal projects, or to modify goals or types of renewal activit es. l' The City Council may amknd this Plan in accordance with applicable state law. This Urban Renewal Plan endm City Council. Notwithstanding an hing resolution, or document, the Urban Re ew City Council, and the use of increments p those words are used in Chapter 403 of th the Iowa Code. No debt has yet been c therefore, the sunset for both the origins Amendment #1's will be 20 years from th the City first certifies debt pursuant to an or ent #1 will ecome effective upon its adoption by the to the c ntrary in the Urban Renewal Plan, any al Plan s all remain in effect until terminated by the roperty ax revenues, or the "division of revenue," as Code f Iowa, will be consistent with Chapter 403 of rtifi d for the original Urban Renewal Area, and 1 an Renewal Area and the area added by this e c endar year following the calendar year in which d' ce on such Areas. Any parts of the previous Plan, a previously ended, in conflict with this Amendment are hereby repealed. ` If any part of the Amen ent is determined to e invalid or unconstitutional, such invalidity or unconstitutionality s all not affect the validit oft he previously adopted Plan as a whole or the previous amendm is to the Plan, or any pa of the Plan not determined to be invalid or unconstitutional. r., EXHIBIT "A" LEGAL DESCRIPTION OF AMENDMENT #1 AREA (2013 Amended Area) , All land in the NW quarter of the SW quarter of Section 36, T of the Fifth Principal Meridian, ohnson County, Iowa, excep Iowa State Highway Commission ,\which is in the North Dodge• And that portion of land in the S quarter of the SW c the I -80 right -of -way and west of the )North Dodge -Iowa Lip 80 North, Range 6 West part thereof condemned by way 1 right -of -way. of said Section 36 lying north of ay 1 right -of -way. Also including a parcel of land in theVE quarter of the S] V quarter of Section 36 lying west of the North Dodge -State Highway 1 righ of -way and desc ' ed as follows: Commencing at the center point of Sect the west right -of -way line of North Doi thence west along the section line to the Section 36; thence south along the west distance of 281 feet; thence east along a line of North Dodge -State Highway 1; f of beginning. 36; thence ' pest along the section line to a point on State Hi ay 1, which is the point of beginning; hwest co er of the NE quarter of the SW quarter of of the quarter of the SW quarter of Section 36 a !�parall to the section line to the west right -of -way no easterly along said right -of -way to the point -5- Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 13 -245 RESOLUTION TO APPROVE AMENDMENT #1, MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN TO ADD URBAN RENEWAL PROJECTS AND EXPAND THE URBAN RENEWAL AREA WHEREAS, on June 18, 2013, City Council adopted a resolution of necessity (Reso. No. 13 -206) contemplating an amendment to the Moss Green Urban Village Urban Renewal Plan to include certain urban renewal projects and add additional land to the Urban Renewal Area, said amendment being the 1St amendment thereto; and WHEREAS, pursuant to Reso. No. 13 -206, consultation with all affected taxing entities was duly held and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, pursuant to said Reso. No. 13 -206, a public hearing was held after due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. This Council finds that the Amendment No. 1 to the Moss Green Urban Village Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and. Section 2. That the Amendment No. 1 is hereby approved and adopted as the "Amendment No. 1 to the Moss Green Urban Village Urban Renewal Plan "; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 1 with the proceedings of this meeting. Section 3. That the Moss Green Urban Village Urban Renewal Plan, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 1 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 23rd day of July , 2013. 11 :q�� Mayor ATTEST: AVPV44 BY City Clem— City Aftomey's Office 773113 -1- Resolution No. Page 2 13 -245 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x —x — x Mims the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton AMENDMENT #1 MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN (a /k/a Moss Ridge Urban Renewal Plan) CITY OF IOWA CITY, IOWA Original Plan Adopted April 2010 AMENDMENT #1 to Moss Green Urban Village URBAN RENEWAL PLAN CITY OF IOWA CITY, IOWA The Moss Green Urban Village Urban Renewal Plan (a/k/a "Moss Ridge Urban Renewal Plan ") ( "Plan") for the Moss Green Urban Village Urban Renewal Area (a/k/a "Moss Ridge Urban Renewal Area ") ( "Area" or "Urban Renewal Area "), adopted in 2010, is being amended to add additional land to the Urban Renewal Area and to add proposed projects to be undertaken within the Urban Renewal Area ( "Amendment #1" or "Amendment "). Except as modified by this Amendment, the provisions of the original Urban Renewal Plan are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of the additional land being added to the Urban Renewal Area herein is attached hereto as Exhibit "A" and incorporated herein by this reference. Said area is shown as the 2013 Amended Area on the map of the Urban Renewal Area, as amended, attached hereto as Exhibit `B" and incorporated herein by this reference. DISTRICT DESIGNATION The Area added pursuant to this Amendment is an economic development district that is appropriate for the promotion of new commercial and industrial development. PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Urban Renewal Plan, the Proposed Urban Renewal Projects under this Amendment include: 1. Public Improvements: Project Date Estimated cost Construction of Moss Ridge Road from Hwy 1 September 2013- Not to exceed west to the eastern boundary of the Moss September 2014 $3,700,000 Green Development Corporation property and the installation of traffic control improvements at the planned intersection with Hwy 1 Total Not to exceed $3,700,000 -2- 2. Development Agreements: A. Moss Green Development Corporation: The City expects to enter a developer's agreement and minimum assessment agreement with the Moss Green Development Corporation to impose a minimum assessment on certain developable lots in Moss Ridge Campus at Rapid Creek Preserve, Part One for a period years, which will generate a tax increment intended to be captured and utilized for the payment of certain public improvements associated with the construction of Moss Ridge Road, as described above. B. Additional Development Agreements: the City expects to consider requests for Development Agreements for projects that are consistent with this Plan, in the City's sole discretion. Such Agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including but not limited to land, loans, grants, tax rebates and other incentives. The costs of such Development Agreements will not exceed $6,500,000. 3. Property Acquisition Project Date Estimated cost Property Acquisition for the Public Improvement project described above May 2013- September 2013 Not to exceed $400,000 4. Planning, engineering fees, costs and attorney fees to support urban renewal projects Project Date Estimated cost Fees and costs Undetermined Not to exceed $700,000 DEBT 1. July 1, 2012 constitutional debt limit: $226,165,266 2. Outstanding general obligation debt: $75,320,000 3. Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for additional projects has not yet been determined. The City Council will consider each project proposal on a case -by -case basis to determine if it is in the City's best interest to participate. However, it is estimated that the cost of the Proposed Urban Renewal Projects as described above $2,900,000 to will be approximately as follows: $11,300,000 -3- PROPERTY ACOUISITION/DISPOSITION The City will follow any applicable requirements for the acquisition and disposition of property. URBAN RENEWAL PLAN AMENDMENTS The Urban Renewal Plan may be amended from time to time for a variety of reasons, including but not limited to, adding or deleting land, adding urban renewal projects, or to modify goals or types of renewal activities. The City Council may amend this Plan in accordance with applicable state law. EFFECTIVE PERIOD This Urban Renewal Plan Amendment #1 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. No debt has yet been certified for the original Urban Renewal Area, and therefore, the sunset for both the original Urban Renewal Area and the area added by this Amendment #1's will be 20 years from the calendar year following the calendar year in which the City first certifies debt pursuant to an ordinance on such Areas. RFPF ALF.R Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. EXHIBIT "A" LEGAL DESCRIPTION OF AMENDMENT #1 AREA (2013 Amended Area) All land in the NW quarter of the SW quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, except that part thereof condemned by Iowa State Highway Commission, which is in the North Dodge- Highway 1 right -of -way. And that portion of land in the SW quarter of the SW quarter of said Section 36 lying north of the I -80 right -of -way and west of the North Dodge -Iowa Highway 1 right -of -way. Also including a parcel of land in the NE quarter of the SW quarter of Section 36 lying west of the North Dodge -State Highway 1 right -of -way and described as follows: Commencing at the center point of Section 36; thence west along the section line to a point on the west right -of -way line of North Dodge -State Highway 1, which is the point of beginning; thence west along the section line to the northwest corner of the NE quarter of the SW quarter of Section 36; thence south along the west line of the NE quarter of the SW quarter of Section 36 a distance of 281 feet; thence east along a line parallel to the section line to the west right -of -way line of North Dodge -State Highway 1; thence northeasterly along said right -of -way to the point of beginning. -5- EXHIBIT "B" Moss Ridge Urban Renewal Area As Amended Urban Renewal Area Boundary 2010. Original Urban Renewal Area 2013 AmendedArea i 80 NS 1 I A145 Prepared by: Denny Gannon, Ass't. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 13 -246 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. n WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Moss Ridge Road Project account # 3802. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 13th day of August, 2013. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 20th day of August, 2013, or at a special meeting called for that purpose. Passed and approved this 23rd day of July , 2013. MAYOR ATTEST:, , CITY ERK pwengUnasterskes appp &s.doc 7/13 Approved by ll/ sta=r e City Attorney's Office 7 /�a /!3 Resolution No. 13 -246 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens —X— Dobyns x Hayek x Mims x Payne x Throgmorton