HomeMy WebLinkAbout2013-08-06 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 1 i-
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:
Earthly Escape — 114'2 E. College Street #5
Passed and approved this 6th day of August , 20 13
A/
MAYOR
ATTEST:
CITY LERK
Approved by
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Payne
the
AYES:
NAYS: ABSENT:
X
Champion
X
Dickens
X
Dobyns
X
Hayek
_X
Mims
X
Payne
Throgmorton
MTM-Trm
2C(6)
Prepared by: Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139
RESOLUTION NO. 13-248
RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS
PROJECT - CONTRACT #7
WHEREAS, the Engineering Division has recommended that the work for construction of the
CDBG Demolitions Project - Contract #7, as included in a contract between the City of Iowa City
and Iowa City Excavating of Coralville, Iowa, dated September 9, 2012, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the CDBG account # 813 -2300; and
WHEREAS, the final contract price is $89,733.96.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of Amzust , 20 13
�A
MAYOR
Approved by
ATTEST:
CIT -LERK City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X.
X
x
X
X
x
X
Pweng /masters /acptwork. doc
7/13
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
2d(1)
ENGINEER'S REPORT
July 25, 2013
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
City Clerk
Iowa City, Iowa
Re: CDBG Demolitions Project - Contract #7
Dear City Clerk:
hereby certify that the construction of the CDBG Demolitions Project - Contract #7 has been
completed by Iowa City Excavating of Coralville, Iowa in substantial accordance with the plans
and specifications prepared by the City of Iowa City.
The project final contract price is $89,733.96.
1 recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng /masters /engrpt. doc
J �
2d(2)
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149
RESOLUTION NO. 13 -249
RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL TRAIL -
PHASE THREE NRT- 3715(649)- -9G -52 PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Court Hill Trail - Phase Three NRT- 3715(649)- -9G -52 Project, as included in a contract between
the City of Iowa City and J & L Construction, LLC of Washington, Iowa, dated April 20, 2012, be
accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Scott Park Development & Trail account #
4219; and
WHEREAS, the final contract price is $489,355.76.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 6th day of August , 20 13
ATTEST: ,,.�ti% v� -�Z✓
CITY ftERK
MAYOR
Approved by
City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
X
— x
x
Pwe ng /masters /acptwork. doc
7/13
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
� r
%7; � AL
- .�..�_
AM
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 22, 2013
City Clerk
City of Iowa City, Iowa
Re: Court Hill Trail — Phase Three NRT- 3715(649)- -9G -52 Project
Dear City Clerk:
I hereby certify that the construction of the Court Hill Trail — Phase Three NRT-
3715(649)--9G-52 Project has been completed by J & L Construction, LLC of
Washington, Iowa in substantial accordance with the plans and specifications
prepared by MMS Consultants, Inc. of Iowa City, Iowa.
The final contract price is $489,355.76.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
CITY OF IOWA CITY 2d(3)
MEMORANDUM
Date: July 26, 2013
To: Jeff Davidson, Director of Planning & Community Development
From: Kristopher Ackerson, Assistant Transportation Planner
Re: Grant Applications to Traffic Safety Improvement Program (TSIP)
Introduction
The Iowa Department of Transportation administers a grant program called the Traffic Safety
Improvement Program (TSIP) that funds traffic engineering projects such as roundabouts, traffic
signals, turn lanes, and other safety improvements. Staff has identified two projects in the City's
Capital Improvement Program that are suitable for this funding program.
Background
The TSIP grant is a well- funded program intended to reduce collisions and improve safety on
Iowa roadways. This same funding source has been used to install pedestrian actuated signals
for crosswalks on Highway 6 and for flashing LED school zone speed limit signs at Horn and
Wood Elementary Schools.
Discussion of Solution
The following two projects are locations where automobile, bicycle, and pedestrian collisions are
common. Staff consulted with Iowa DOT staff, as well as conducted cost /benefit analyses for
two projects in the City's FY2012 -2016 Capital Improvement Program and found both projects
will improve safety in the Burlington Street corridor.
The City can apply for up to $500k each for two projects:
1. Burlington / Clinton Street Intersection Improvements project (CIP #3840) — total
estimated cost of $704,200.
Staff estimates the City is eligible to receive grant funds of approximately $200, 00 0.
2. Burlington / Madison Intersection and Median (CIP #3834) — total estimated cost of
$1.57 million.
This project was awarded $1 million by the Metropolitan Planning Organization of
Johnson County. Staff estimates the City is eligible to receive TSIP grant funds of
approximately $500,00 . If awarded, the City's share of the project would be
approximately seven percent of the project cost.
Recommendation
Both projects will address "development of the Downtown and near Downtown areas," an
established priority in the City's Strategic Plan. Staff recommends submitting applications for
both projects noted above. Feel free to contact me with questions at 356 -5247 or Kristopher-
Ackerson(aDiowa -city. org.
CC: Ron Knoche, City Engineer
John Yapp, Transportation Planner
repared by: Kristopher Ackerson, Assistant Transportation Planner, 410 E. Washington St.
Iowa City, IA 52240 (319) 356 -5247
RESOLUTION NO. 13 -250
RESOLUTION AUTHORIZING APPLICATIONS FOR TRAFFIC SAFETY IMPROVEMENT
PROGRAM (TSIP) FUNDS BY THE CITY OF IOWA CITY
WHEREAS, the Iowa Department of Transportation administers the Traffic Safety Improvement
Program (TSIP), the purpose of which is to fund traffic engineering improvements which reduce
vehicle collisions; and
WHEREAS, proposed traffic safety improvements are included in the Capital Improvement
Program FY2012 -2016 as project #3840 Burlington / Clinton Street Intersection Improvements;
and
WHEREAS, proposed traffic safety improvements are included in the Capital Improvement
Program FY2012 -2016 as project #3834 Burlington / Madison Intersection and Median; and
WHEREAS, said intersections each have histories of collisions between vehicles, pedestrians,
and bicyclists that resulted in property damage and injuries; and
WHEREAS, said safety improvements are intended to reduce collisions and injuries; and
WHEREAS, the City of Iowa City's application and proposed project conforms with the regional
Long Range Multimodal Transportation Plan by reducing collisions and increasing the efficiency of
the road network; and
WHEREAS, a requirement of the grant application is a resolution of assurance that any funded
improvements will be adequately maintained.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is directed to submit Traffic Safety Improvement Program (TSIP) applications to Iowa
DOT before the August 15`h, 2013 deadline.
2. The City Manager or a designee is authorized to sign all grant documents.
3. The City of Iowa City assures the proposed grant funded improvements will be adequately
maintained.
Passed and approved this 6th day of August , 2013.
Mayor
ATTEST: 7�11t2� �h
City Clerk c
Approved byt >rc o
City Attorney's Office
C:\ Users \SHektoen\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \EIU1Y9HP \TSIP resolution.doc
Resolution No. , 13 -250
Page 2
It was moved by Champion and seconded by P
Resolution be adopted, and upon roll call there were:
AYES:
x
X
x
x
x
x
x
NAYS:
ABSENT:
the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
� r
! m � 47 h
CITY OF IOWA CITY
MEMORANDUM
Date: July 31, 2013
To: Tom Markus, City Manager
From: Jeff Davidson, Director of Planning & Community Development
Re: Consultant agreement with HDR Engineering for Master Plan study of 100 Block of
East Washington Street.
Introduction:
The University has asked the City to coordinate a master planning process for the south side of
the 100 Block of East Washington Street. The main motivation is to develop a strategy for the
repurposing of the Jefferson Building. The other major stakeholders on this block face are
MidWestOne Bank, Kresge Building LLC, and Hand's Jewelers
History /Background:
The University feels the Jefferson Building is an underutilized resource that could become a
major community asset. The master planning process is a way to arrive at what that vision
should be. There are other underutilized buildings on the block face that may also be future
candidates for redevelopment. With the approval of those building owners, they will be included
in the master planning process.
Discussion of Solutions:
The City, University, MidWestOne Bank, and Kresge Building LLC have agreed to engage HDR
Engineering to conduct the master planning process. HDR is a fully qualified firm that has
performed well on downtown and Riverfront Crossings contracts for the City. They are able to
conduct this study starting from a more informed point because of their prior Iowa City work.
We were also able to negotiate a favorable contract price because of their prior work which can
be incorporated into this project. The contract will be between HDR and the City, with the City
funding $20,951 of the $55,050 total project expense, and the University, MidWestOne Bank,
and Kresge Building LLC providing the remaining $34,099 of the funding. Hand's Jewelers will
participate as a major stakeholder.
The client team specifically directed HDR to include expertise on their team to evaluate the
repurposing of the former Jefferson Hotel building back into a boutique hotel. HDR has included
Portfolio for Hospitality Inc on their team for this purpose. There are also subconsultant
services called out in the agreement for estimating the expense of the final master plan.
Recommendation:
Approve agreement with HDR Engineering for 100 Block of East Washington Street Master
Plan.
2d(5)
Prepared by: Jeff Davidson, Director of Planning and Community Development, 410 E. Washington St., Iowa City, IA 52240
(319) 356 -5232
RESOLUTION NO. 13 -251
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND HDR ENGINEERING FOR A MASTER PLAN STUDY OF THE 100 BLOCK
OF EAST WASHINGTON STREET.
WHEREAS, the 100 Block of East Washington Street contains properties that are candidates for
redevelopment; and
WHEREAS, the CITY, the University of Iowa, MidWestOne Bank, and Kresge Building LLC all have
a vested interest in the 100 Block of East Washington Street; and
WHEREAS, the University of Iowa, MidWestOne Bank, and Kresge Building LLC have requested the
CITY organize a Master Plan study of the 100 Block of East Washington Street, and
WHEREAS, the City desires to engage ENGINEER to provide professional engineering, consulting
and related services ( "Services ") in connection with the Project; and
WHEREAS, ENGINEER desires to render these Services.
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 a consultant agreement with HDR
Engineering for a Master Plan Study of the 100 block of East Washington Street, in a form
approved by the City Attorney.
Passed and approved this 6th day of August , 2013.
MAYOR
Approved by
ATTEST: 121,
CITY tLERK City Attorney's Office
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
_x_ Hayek
x Mims
x Payne
x Throgmorton
Vj
r C OB -�s --
2e(1)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -252
RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416
SOUTH GOVERNOR STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 416 South
Governor Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 416 South Governor Street for the
principal sum of $220,000 (the amount the City paid to acquire the home), plus the "carrying
costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it,
including abstracting and recording fees, interest on the loan to purchase the home, mowing
and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and
rehabilitate the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
416 South Governor Street, Iowa City, Iowa, also known as Lot 4 in Block 2, Berryhill's
Second Addition, for the sum of $220,000, plus the "carrying costs ".
2. A public hearing on said proposal should be and is hereby set for August 20, 2013, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Resolution No. 13 -252
Page 2
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
X Hayek
x Mims
x Payne
x Throgmorton
Passed and approved this 6th day of August 2013.
/a-....
MAYOR
ATTEST: )k
d-f' 'CLERK
Approved by
City Attorney's Office
i
2e(2)
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -253
RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 20, 2013, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 661
SOUTH GOVERNOR STREET.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the
University of Iowa and the City to encourage home ownership and reinvestment in designated
neighborhoods surrounding the University of Iowa; and
WHEREAS, the City purchases rental units located in designated neighborhoods surrounding
the University of Iowa, rehabilitates them, and then sells them to income - eligible buyers; and
WHEREAS, the City purchased and rehabilitated a single family home located at 661 South
Governor Street, Iowa City; and
WHEREAS, the City has received an offer to purchase 661 South Governor Street for the
principal sum of $153,000 (the amount the City paid to acquire the home), plus the "carrying
costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it,
including abstracting and recording fees, interest on the loan to purchase the home, mowing
and snow removal, utilities, real estate taxes, and any costs in excess of $40,000 to repair and
rehabilitate the home; and
WHEREAS, this sale would provide affordable housing in a designated area surrounding the
University of Iowa; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
661 South Governor Street, Iowa City, Iowa, also known as Lot 11 and part of Lot 12 in
Block 1, Strohm's Addition, for the sum of $153,000, plus the "carrying costs ".
2.. A public hearing on said proposal should be and is hereby set for August 20, 2013, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Resolution No. 13 -253
Page 2
It was moved by Champion and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES
X
x
x
x
X
x
X
Passed and approved this
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
6th day of August , 2013.
MAYOR
ATTEST: lz
I ` �✓
CITY CLERK
Approved by
City Attorney's Office
I
'�;.Oz..4 CITY OF IOWA CITY 2e(6) ak
W4 MR
MEMORANDUM
Date: July 30, 2013 f�o
To: Tom Markus, City Manager lv�
From: Michael Moran, Director of Parks and Recreation
Re: Normandy Drive
Introduction: This project will continue the renovation and re- building of the Normandy Drive
area of Iowa City that was heavily impacted by the flood of 2008. Plantings, trails and
landscaping will be done to restore the area into a green space as an extension of City Park
for use by the neighborhood and the public.
History /Background: After the flood of 2008, approximately 90 homes were purchased and
razed with the use of CBDG and FEMA monies, which properties are to be used as park land.
Neighborhood meetings were held over the past year to determine the extent of renovations
and repairs to the area to convert it for use by the public.
Discussion of Solution: FEMA mandates the amount and type of work that can be done in this
area. No structures can be built and concentration will be on landscaping and repair of the
grounds as well as the installation of permeable trails for use by the public as extensions of
City Park and the Rocky Shore Drive trail systems.
Recommendation: Approve the public hearing and begin the process of renovating this area
of the community
Fiscal Impact: The additional costs for this area will be on -going maintenance expense for the
city's Parks and Recreation Department. This project is budgeted as CIP project #4178 for
$409,000 and will be funded by GO Bonds.
Prepared by: Michael Moran, Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240, (319)356 -5104
RESOLUTION NO.
RESOLU1,TION SETTING A PUBLIC HEARING ON AUGUST 20, 2013 N
PLANS, S,F'�CIFICATIONS, FORM OF CONTRACT, AND ESTIMATE O COST
FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RES RATION
PROJECT PHASE II, DIRECTING CITY CLERK TO PUBLISH NO CE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLA SAID PLANS
ON FILE FOR PUBLIC INSPECTION. ,
WHEREAS, the Normandy Drive, area was heavily impacted by,#`ie flood of 2008, resulting in the
acquisition and demolition of approximately ninety (90) homes,in the area; and
WHEREAS, the acquired properties`,,require soil restoration, trails, plantings and landscaping to
become usable green space for the neighborhood and.the public; and
WHEREAS, funds for this project are`lavailable in the CIP account #4178.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 20th 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. That the City Clerk is hereby authorized and t'irected 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.
3. That the copy of the plans, specifications, form 0 contract, and estimate of cost for the
construction of the above -named project is here ordered placed on file by the City
Engineer in the office of the City Clerk for public insp ction.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
Atto
2e(7)
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319- 356 -5230
RESOLUTION NO. _L3 =254
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE
OF AUDITOR'S PARCEL 2013030 TO BFDJ HOLDINGS, L.L.C. AND
SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 20,
2013.
WHEREAS, a request was submitted to the City of Iowa City to provide a Quit
Claim Deed to a .05 acre parcel known as Auditor's Parcel 2013030, City of Iowa
City, Iowa, to contiguous landowner BFDJ Holdings, L.L.C. without compensation
in order to clear up a title objection; and
WHEREAS, City Staff recommends approval of said request, as said parcel
serves no public purpose; and
WHEREAS, it is desired to submit this request for consideration to the City
Council and have a public hearing on said request as provided by law.
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
Auditor's Parcel 2013030, recorded in Book 57, Page 321, in the records of the
Johnson County, Iowa, Recorder to BFDJ Holdings, L.L.C..
2. A public hearing on said proposal should be and is hereby set for August 20,
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 6th day of August , 2013.
MAYOR
Approved by
ATTEST: ��� )e,
CITY CLERK City Attorney's Office - ;7,
Resolution No. 13 -254
Page 2
It was moved by Champion 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
_yam Mims
x Payne
X Throgmorton
4g
Prepared by Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5239 (SUB11- 00007
RESOLUTION NO. 13 -255
RESOLUTION EXTENDING THE TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE
ESTATES, PART 10, IOWA CITY, IOWA.
WHEREAS, a preliminary plat for Stone Bridge Estates, Part 10, was approved by the City
Council in July 2011; and
WHEREAS, the Subdivision Regulations specify that approval of a preliminary plat shall be
effective for 24 months unless, upon request of the owner or subdivider, the City Council grants
an extension; and
WHEREAS, the owner, Arlington LC, has submitted a letter requesting and extension of the term;
and,
WHEREAS, the preliminary plat conforms with all of the current requirements of the City
Ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The term for the preliminary plat of Stone Bridge Estates, Part 10, Iowa City, Iowa, is
hereby extended for an additional 24 months.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this _6_ day of Augus,t20L3.
MAYOR
Ap oved by
ATTEST:
CITY CLERK ity Attorney's Office
It was moved by Mims and seconded by Pa )zna the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
X
NAYS:
s \pcd \preliminary plat - extension resolution (2).doc
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
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MMS CONSULTANTS, INC.
IOWA CITY IOWA
OFFICE: 319 -351 -8282
Your Vision + Our Innovation = Inspired Results
July 15, 2013
City of Iowa City
Planning & Community Development
Attn: Karen Howard
410 E Washington
Iowa City, IA 52240
Re: Stone Bridge Part 10
Dear Karen:
Project 4 4146 -232
MMS Consultants Inc., on behalf of Arlington Development, would like to request an
extension of the preliminary plat of Stone Bridge Part 10. Mr. Moreland is in the process of
completing homes in Stone Bridge Part 7 and has not advanced to part 10 yet. If you have any
further questions or concerns, please feel free to contact me.
sp tfully submitted,
e Musser A.S.L.A.
MMS Consultants Inc.
1917 S. GILBERT ST. • IOWA CITY • IOWA 52240
WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMS @MMSCONSULTANTS.NET
PRELIMINARY PLAT &
STONE BRIDC
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Prepared by: Sara Greenwood Heldoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030
RESOLUTION NO. 13 -256
RESOLUTION AMENDING THE SUBDIVIDER'S AGREEMENT FOR WILD PRAIRIE
ESTATES, PART FIVE, AUTHORIZING THE CONVEYANCE OF AUDITOR'S PARCEL
2013038, AND ACCEPTING THE DEDICATION OF A PORTION OF OUTLOT B IN SAID
SUBDIVISION AS PUBLIC OPEN SPACE.
WHEREAS, pursuant to the Subdivider's Agreement for the Wild Prairie Estates, Part Five
subdivision, dated May 4, 2004 and recorded at Book 3735, Pages 596 -623, in the records of the Johnson
County, Iowa Recorder, it was agreed that the Subdivider, Kennedy - Hilgenberg Enterprises, Inc.,
would dedicate Outlets B, a 5.41 acre parcel, and C, a 1.33 acre parcel, within said subdivision
to the City; and
WHEREAS, such dedication was in excess of the 1.08 acres required to be dedicated pursuant to
the neighborhood open space ordinance; and
WHEREAS, Subdivider previously dedicated, and the City accepted, the dedication of Outlot C,
but possession and the maintenance obligations for Outlet B remain in the Subdivider; and
WHEREAS, Subdivider now wishes to modify the subdivider's agreement to reduce the area of
open space to be dedicated in order to facilitate the sale of a .44 acre portion of Outlot B
(Auditor's Parcel 2013038, recorded at Book 5, Page 31,(� in the records of the Johnson
County Recorder) to an adjacent property owner; and
WHEREAS, the City finds such reduction to be acceptable, as the area to be conveyed serves no
public purpose and the Subdivider is still able to satisfy the code requirement for neighborhood
open space dedication; and
WHEREAS, on July 23, 2013, the City Council adopted a Resolution declaring its intent to
consider the conveyance of its rights in Auditor's Parcel 2013038, authorizing the publication of
public notice of the proposed conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the
conveyance of its interest in the subject property is in the public interest; and
WHEREAS, Subdivider is now willing and able to dedicate the remainder of Outlot B to the City;
and
WHEREAS, the Parks & Recreation Department and Public Works Department have inspected
the property and determined it is suitable for dedication at this time, and 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:
1. An amendment to Section 12(B) of the Subdivider's Agreement described above is hereby
authorized and approved to exclude Auditors Parcel 2013038 from the land required to be
dedicated to the City. All other provisions of said agreement shall remain in full force and
effect.
Resolution No. 13 -256
Page 2
2. The City Council does hereby authorize the Mayor and City Clerk to execute all documents
necessary to convey the City's interest in Auditor's Parcel 2013038 via Quit Claim Deed to
Kennedy- Hilgenberg Enterprises, Inc.
3. The City Attorney is hereby authorized to carry out any actions necessary to consummate
the conveyance as required by law.
A. Acceptance of Outlot B, Wild Prairie Estates, Part Five, Iowa City, Iowa, as shown on
the final plat thereof, recorded at Book �, Page 18'7 in the plat records of the
Johnson County Recorder, but excluding Auditor's Parcel 2013038, for public open
space, in a form of conveyance approved by the City Attorney's Office, is hereby
approved and authorized.
5. 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 amendment to the
Subdivider's Agreement pursuant to this Resolution and to effectuate acceptance of said
the above - described dedication, and to record all necessary documentation of such
transactions at Subdivider's expense.
Passed and approved this 6th day of August 2013.
ATTEST: flit x% k • Ale4d
CITY CLERK
��.. A
MAYOR
Appr ved by
City Attorney's Office
7r/ 7/3
Resolution No. 13 -256
Page 3
It was moved by Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
_x Payne
X Throgmorton
May
us Z6f
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -257
RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH
AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE
IN ACCORDANCE THEREWITH.
WHEREAS, The North Airport Development Subdivision includes commercial lots which have
been marketed for sale to the general public;
WHEREAS, the City has negotiated a purchase agreement with Gary J. Harapat that requires
City Council approval;
WHEREAS, said purchase agreement provides that buyer will purchase Lot 9 for $228,500; and
WHEREAS, following public hearing, the City finds that said purchase agreement should be
approved and that the property should be conveyed in accordance therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The purchase agreement with Gary J. Harapat is approved.
2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute all documents necessary to dispose of said property in accordance with said
purchase agreement.
Passed and approved this 6th day of August '2013.
MAYOR
ATTEST:, /,G1��d,,,� .
CITftLERK
Approved by
City Attorney's Office
Resolution No. 13 -257
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
Mk9
9
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -258
RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR
TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 104388,
WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO
THE "LEGAL AGE ", WHICH IS CURRENTLY TWENTY -ONE (21) YEARS OF AGE,
BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE
REGULAR CITY ELECTION ON NOVEMBER 5, 2013.
WHEREAS, a referendum petition pursuant to Article VII of the Home Rule Charter of Iowa City
seeking to repeal Ordinance No. 10 -4388, which amended the bar entry age from nineteen (19) years of
age to the "legal age ", which is currently twenty-one (21) years of age, was presented to the City Clerk
and was certified sufficient on June 29, 2013; and
WHEREAS, in the absence of Council repeal of the referred measure, Article VII of the City's Charter
requires that the referred measure be submitted to the voters of the City; and
WHEREAS, the City Council declines to repeal the referred measure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Johnson County Auditor is hereby authorized and directed to place the following
question before the qualified electors of the City of Iowa City, Iowa at the next regular City
election on November 5, 2013:
Shall the following public measure be adopted? Yes No
Be it resolved that Ordinance No. 10 -4388, which amended the bar entry age
from nineteen (19) years of age to the "legal age ", which is currently twenty-one
(21) years of age, be repealed.
Passed and approved this 6th day of august , 2013.
ATTEST:
CITY RK
Eleanor /res/Legal Age Measure 21.doc
MAYOR
p oved b
`Z:� --f -�C -lam
City Attorney's Office
Resolution No. 13 -258
Page 2
It was moved by Mims and seconded by Payne 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
M11 10 C
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014
RESOLUTION NO. 13 -259
RESOLUTION IN SUPPORT OF THE CURRENT BAR -ENTRY AGE OF TWENTY -ONE
(21) AFTER 10:00 P.M. AND AGAINST ITS REPEAL
WHEREAS, the petition of George Wittgraf, owner of the Union bar in downtown Iowa City, and
Josh Erceg, manager of the Martini's bar in downtown Iowa City, seeking to repeal the ordinance
changing the bar -entry age from nineteen (19) to the "the legal age" (currently twenty -one (21))
was deemed sufficient by the City Clerk; and
WHEREAS, the City Council declined to repeal the ordinance establishing a bar -entry age of 21
and was therefore required by the City Charter to put the proposed repeal on the ballot at the
next regular city election on November 5, 2013; and
WHEREAS, as allowed by Iowa Code Section 68A.505 the City Council desires to express its
strongest support for the bar -entry age of 21 after 10:00 p.m.; and
WHEREAS, as detailed below, the 21 bar -entry age, which took effect on June 1, 2010, has
promoted the Council's economic development goal of creating a more vibrant and diversified
downtown, has not compromised the Council's goal of stabilizing the older core neighborhoods
near the downtown, and has led to a safer downtown and a decrease in high -risk drinking
behavior:
1. The Council has been receptive to exceptions to the 21 ordinance that will foster
quality entertainment venues within the City by allowing those under the age of 21 to participate
in the entertainment available in downtown bars after 10:00 p.m. Within five months of the
effective date of the 21 bar -entry ordinance the City Council had passed ordinances creating
exceptions so that persons under the age of 21 could continue to enjoy downtown
entertainment and alcohol free events in portions of a bar after 10:00 p.m. Additional
amendments have been made to assure that the ordinance does not threaten the entertainment
opportunities downtown, the most recent being the ordinance passed on June 18, 2013 which,
at the request of a downtown establishment, allows legitimate live performance of theater to
qualify as an entertainment venue.
2. Downtown Iowa City is thriving. A downtown strategic assessment conducted in
2011 by Divaris Real Estate demonstrated the hidden potential for expanding retail, restaurant,
office and entertainment options in downtown Iowa City. Such potential is becoming a reality
with projects like the rehabilitation of the "Vito's" property, Park at 201, small business grants
and loans given to establishments such as the Iowa City Area Development Group (ICAD) co-
lab, Prairie Lights, Busy Co- Working, Molly's Cupcakes, Trumpet Blossom Cafe, Running Wild
and the fagade improvement projects currently in progress at several downtown
establishments. The bar -entry age of 21 supports this developing diversity both by making it
economically feasible for such businesses to locate downtown when not in competition with
alcohol venues that profit from the large under 21 clientele, and because Iowa City has become
a safer and more desirable place to locate a business since the passage of the 21 ordinance;
and
3. The incidences of high -risk drinking and negative consequences of drinking in the
student population have decreased dramatically since the passage of the 21 bar -entry
Resolution No. 13 -259
Page 2
ordinance. A comparison of the data from the 2009 and 2013 National College Health
Assessment done at the University of Iowa shows that more UI students are choosing not to
drink, UI students are drinking less often, the prevalence, frequency and intensity of high risk
drinking by students is decreasing and fewer students are experiencing negative consequences
from drinking. Between 2009 and 2013 the number of students who had at least one drink in
the last 30 days dropped to a 20 year low, the prevalence of high -risk drinking decreased 17 %,
the frequency of high -risk drinking decreased 21% and the intensity of high risk drinking
decreased 20 %.
4. Downtown and the areas near downtown have become safer since the passage of
the 21 bar -entry ordinance and reduced the police resources that must be dedicated to
maintaining peace and safety in the downtown area. Calls for service to the Iowa City Police
Department in the downtown service area (bounded by Kirkwood, Dodge, Madison and
Jefferson) between 2009 and 2012 declined as follows: 64% decline in calls for
Disturbance /Loud Parties; 45% decline in calls for Assault; 37% decline in calls for Criminal
Mischief; 26% decline in calls for Fight in Progress; 23% decline in calls for intoxicated persons.
5. The predictions of some that a 21 bar -entry age would move the problem to the core
neighborhoods have not come to pass. Since the passage of the 21 bar -entry ordinance
underage access to alcohol in the downtown area has decreased without an increase in
disruptive behavior in the core neighborhoods of the City. Law enforcement citation and arrest
data demonstrate that between 2010 and 2012 there was a 46% decline in Possession of
Alcohol Under the Legal Age citations and a 26% decline in Disorderly house arrests.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Iowa City declares
its support for the current bar -entry age of 21 after 10:00 p.m.
Passed and approved this 6th day of august 20 13
ATTEST:
CI CLERK
pr ved b
City Attorney's Office
Resolution No. 13 -259
Page _3
It was moved by Throgmorton and seconded by Dobyns 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: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5014 10�
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE CURRENT BAR -ENTRY AGE OF TWENTY -ONE
(21) AFTER 10:00 P.M. AND AGAINST THE REFERENDUM SEEKING ITS
REPEAL
WHEREAS, the petition o George Wittgraf, owner of the Union bar in downtown Iowa City, and
Josh Erceg, manager of the artini's bar in downtown Iowa City, seeking to repeal the orI06nce
changing the bar -entry age %Nove neteen (19) to the "the legal age" (currently twent ne (21))
was deemed sufficient by the lerk; and
WHEREAS, the City Councied to repeal the ordinance establishing ar -entry age of 21
and was therefore required City Charter to put the proposed r al on the ballot at the
next regular city election on ber 5, 2013; and
WHEREAS , as allowed by Iowa C e Section 68A.505 the Ay y Council desires to express its
strongest support for the bar -entry ag of 21 after 10:00 p.m ; and
WHEREAS, as detailed below, the 2\as -entry age which took effect on June 1, 2010, has
promoted the Council's economic dement go of creating a more vibrant and diversified
downtown, has not compromised the cil's al of stabilizing the older core neighborhoods
near the downtown, and has led to er owntown and a decrease in high -risk drinking
behavior:
1. The Council has been rece ive'
quality entertainment venues within ty City I
in the entertainment available in d ntown
effective date of the 21 bar -ent ordinance
exceptions so that persons nder the
entertainment and alcohol f e events in
exceptions to the 21 ordinance that will foster
allowing those under the age of 21 to participate
rs after 10:00 p.m. Within five months of the
City Council had passed ordinances creating
of 21 could continue to enjoy downtown
ons of a bar after 10:00 p.m. Additional
amendments have been m e to assure that the rdinance does not threaten the entertainment
opportunities downtown, t e most recent being th ordinance passed on June 18, 2013 which,
at the request of a do town establishment, allo s legitimate live performance of theater to
qualify as an entertainment venue.
2. DowXainment n Iowa City is thriving. A dow own strategic assessment conducted in
2011 by Divaris l Estate demonstrated the hidden otential for expanding retail, restaurant,
office and ente options in downtown Iowa Ci Such potential is becoming a reality
with projects like the rehabilitation of the "Vito's' grope y, Park at 201, small business grants
and loans given to establishments such as the Iowa Cit Area Development Group (ICAD) co-
lab, Prairie Lights, Busy Co- Working, Molly's Cupcakes, rumpet Blossom Cafe, Running Wild
and the : , fagade improvement projects currently i progress at several downtown
establishments. The bar -entry age of 21 supports this d veloping diversity both by making it
econorXiically feasible for such businesses to locate dow town when not in competition with
alcohol venues that profit from the large under 21 clientele, nd because Iowa City has become
a sdfer and more desirable place to locate a business since the passage of the 21 ordinance;
and
3. The incidences of high -risk drinking and negative nsequences of drinking in the
student population have 'decreased dramatically since the Ikassage of the 21 bar -entry
Resolution No.
Page 2
ordinance. A comparison of the data from the 2009 and 2013 Nation College Health
Assessment done at the University of Iowa shows that more Ul students re choosing not to
drink, UI students are drinking less often, the prevalence, frequency a intensity of high risk
drinking by students is decreasing and fewer students are experience negative consequences
from drinking. Between 2009 and 2013 the number of students w o had at least one drink in
the last 30 days dropped to a 20 year low, the prevalence of hig isk drinking decreased 17 %,
the frequenc of high -risk drinking decreased 21% and th intensity of high risk drinking
decreased 20 O
l
4. Downto and the areas near downtown ha become safer since the passage of
the 21 bar -entry or ance and reduced the police esources that must be dedicated to
maintaining peace and afety in the downtown area Calls for service to the Iowa City Police
Department in the dow own service area (bo de by Kirkwood, Dodge, Madison and
Jefferson) between 200 and 2012 decline as follows: 64% decline in calls for
Disturbance /Loud Parties; 4 % decline in call for Assault; 37% decline in calls for Criminal
Mischief; 26% decline in calls r Fight in Pro ess; 23% decline in calls for intoxicated persons.
5. The predictions of som XOnd 1 bar -entry age would move the problem to the core
neighborhoods have not come Since the passage of the 21 bar -entry ordinance
underage access to alcohol in own area has decreased without an increase in
disruptive behavior in the core neds of the City. Law enforcement citation and arrest
data demonstrate that between 2012 there was a 46% decline in Possessi on of
Alcohol Under the Legal Age citat 26% decline in Disorderly house arrests.
NOW, THEREFORE, BE IT
its unanimous support for the
Passed and approved Ois
ATTEST:
TY CLERK
>LVED THAT the City Council of the City of Iowa City declares
nt bar -entry 6ge of 21 after 10:00 p.m.
day of
MAYOR
by
20
. �1✓ /l/ -31 -13
City Attorney's Office
/Q
Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356 -5030
RESOLUTION NO. 13 -260
RESOLUTION APPROVING A CONFIDENTIALITY AGREEMENT FOR A SETTLEMENT
CONFERENCE REGARDING IMMINENT LITIGATION.
WHEREAS, the Iowa City landfill suffered a fire beginning in late May, 2012; and
WHEREAS, the applicability of insurance coverage the City had in effect at the time has been
disputed by the City's insurer, Travelers Indemnity Company ( "Travelers "); and
WHEREAS, the parties wish to meet for a settlement conference in hopes of resolving the
dispute; and
WHEREAS, Travelers desires that the attached Confidentiality Agreement be ratified by City
Council so as to foster an open dialogue about the extent of coverage for the claim; and
WHEREAS, such confidentiality agreements are often executed in advance of settlement
conferences, and Travelers has insisted on execution of the attached Agreement as a condition
of engaging in a Settlement Conference; and
WHEREAS, it is in the best interests of the City to approve the Confidentiality Agreement and
facilitate the settlement conference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. The attached Confidentiality Agreement is hereby approved; and
2. The Mayor and the City Clerk are hereby authorized to execute and attest said
Confidentiality Agreement in duplicate.
Passed and approved this
Approved by
City Attorney's Office
6th day of August , 2013.
ATTEST: 2)
CIT LERK
le.))
Resolution No. 13 -260
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:
Mims the
F411 I.&MVIA
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
CONMENTIALITY AGREEMENT
Travelers Indemnity Company ( "Travelers ") and City of Iowa City ( "CIC ") have agreed to
a meeting on d.—s+ Z
-1st 2013 to discuss the insurance claim (EUG2593) arising out of
damage caused by fire ( "the claim "). Such discussions may include, among other matters, an open
dialogue about the extent of any coverage for the claim and possible compromise or settlement. In
anticipation and furtherance of these discussions, Travelers, CIC, AW Welt Ambrisco Insurance,
Inc., and Risk Placement Services, Inc. (collectively, the "Parties ") hereby agree as follows:
I. Any and all information, documents and communications created in preparation for
or arising out of such discussions are intended by the Parties to be and sball be treated as privileged,
confidential and inadmissible in evidence, and shall not be proffered, nor referred to, by the Parties,
their attorneys and /or witnesses in any action for any purpose, including but not limited to any
litigation, arbitration, appraisal or other proceedings. This provision refers to documents created or
exchanged between the parties as part of these negotiations but does not cover documents or analysis
generated by individual parties after these discussions that might be prompted by the discussions
unless such documents are designated in furtherance of settlement discussions. The intent of this
provision is to provide for maximum openness and candor between the patties and to prevent either
party fiom taking advantage of and making improper use of the exchange of information and
perspective that occurs during these discussions.
2. Any conduct of the Parties, their agents, representatives, employees and /or attorneys,
including any and all statements made and/or any actions arising out of and /or during these
discussions, shall be treated as privileged and confidential and shall not be proffered, nor referred
to, by the Parties, their agents, representatives, employees and /or attorneys in any subsequent action
for any purpose whatsoever, including but not limited to any litigation, arbitration, appraisal or
other proceedings.
3. The Parties understand and agree that the protection intended and provided by this
Confidentiality Agreement is broader than that provided by Federal Rule of Evidence, Rule 403,
and/or any equivalent state court rules, in that it is meant to protect the frank discussions between the
parties and not simply offers or counteroffers regarding settlement terms.
4. Neither the proposal, nor the execution of this Confidentiality Agreement, shalt be
construed to be an admission that, but for this Confidentiality Agreement, evidence pertaining to
the discussions would be admissible evidence. This Confidentiality Agreement shall apply to any
discussions and communications that take place subsequent to its execution, if the Parties agree at
the outset of the discussion or communication that the terms of this Confidentiality Agreement
shall apply. This Confidentiality Agreement shall continue until any Party provides a written
notice of its withdrawal from this Confidentiality Agreement. Even in the event of withdrawal, the
terms of this Agreement shall remain in effect as applied to all communications, documents, and
conduct covered by paragraphs I and 2.
5. Notwithstanding the foregoing, the Parties understand that the City of Iowa City is a
public entity and may have certain legal obligations to publicly disclose some information
discussed dining the above - referenced settlement discussions, including this Agreement. The
Parties agree that the City of Iowa City may disclose only what information it is required by law to
disclose. The City of Iowa City will make only those disclosures required by law. Such
disclosures shall not be treated as a waiver of any applicable privilege by any Party hereto.
Further, in no way does this limited exception allow any Party, including the City of Iowa City, to
use the information, documents and comrnurucations in preparation for or arising out of the above-
referenced settlement discussions as evidence in any future proceeding, including but not limited to
litigation, arbitration, appraisal, or other proceedings.
6. Each Party and its representatives have reviewed and revised, or had the opportunity
to revise, this Confidentiality Agreement and no Party shall be considered the sole drafting Party of
this Confidentiality Agreement. Accordingly, the rule of construction to the effect that any
ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation
of this Confidentiality Agreement.
The undersigned hereby warrant and represent that they have obtained the respective
Parties' authorization to enter into this Confidentiality Agreement and engage in discussions on
their behalf.
TRAVELERSIWITY COMPANY ✓�'
Print Name: �t�k 1�K1T
Title: C+G1 K Nl< A,,p /
Date: P- I —l3
RISK PLACEMENT SERVICES, INC.
Print
CITY OF IOWA CITY
--�,x A,
Print Name: Itrhew T. Hayek
Title: Mayor
Date: August 6. 2013
ATTEST: 1J �i�-� 7e, 7�GGJ/
Mar, aii`K:'Karr, City Clerk
AW WELT AMBRISCO INS CE, INC.
m ^
rhu Name: VA
Title: t}P o-r QiC OPeW"e, 5
Date: D/v9 %i7
Approved By
City Attorney's Oftico