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
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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
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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
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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
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PLAT PREPARED BY:
MMS CONSULTANTS INC.
1917 S. 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