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HomeMy WebLinkAbout2016-08-02 ResolutionPrepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 16-233 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: Iowa City Fieldhouse — 118 S. Dubuque St. Passed and approved this 2nd day of August 20 16 YOR ATTEST: % 4 CITY CLERK Approved by City Attorney's Office It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 2c(2) _M_Mr� 2d(1) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-234 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL ON 100 BLOCK OF N. LINN STREET DURING "HARVEST DINNER" EVENT WHEREAS, section 4-5-3D of the City Code allows private entities to sell alcohol and persons to consume alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") would like to be able to sell alcohol on the 100 block of N. Linn Street from late -afternoon to early evening on August 18, 2016; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign the attached agreement and any needed amendments Passed and approved this 2nd day of August , 2016. ATTEST: ave 'I/ k - k2+/ CITYkC LERK Approved by City Attorney's Office Resolution No. 16-234 Page 2 It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole x Dickens X Mims X Taylor x Thomas X Throgmorton Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF ALCOHOL DURING "HARVEST DINNER" EVENT" This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell alcohol during the Harvest Dinner event to be held on the 100 block of North Linn Street; and WHEREAS, the parties wish to enter into an agreement to allow District to sell alcohol and to allow persons to possess and consume alcohol under limited circumstances on the 100 block of North Linn Street. THE PARTIES THEREFORE AGREE AS FOLLOWS: Authorized Site. In consideration for District's promises herein, the City agrees to allow District control over an area in the 100 block of North Linn on August 18, 2016 from 5:00 pm to 9:00 pm ("authorized site"). District must allow members of the public not participating in the Harvest Dinner to walk through the Authorized Site on the sidewalk. 2. Term. This agreement shall be in effect only on August 18, 2016 from 5:00 pm to 9:00 pm. 3. License. This agreement is void if District does not have a license to sell beer on the authorized site on August 18, 2016. 4. Sale and Possession of Alcohol. District shall only sell alcohol to a person who is over twenty-one (21) years of age. District shall take all reasonable steps to ensure that no person under the age of twenty-one (21) years of age possesses alcohol. 4. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 5. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 6. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 7. No Smoking. Smoking is prohibited in the authorized site, and District shall post a no -smoking a sign at the front entrance to the authorized sites and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2015). 8. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 9. Fencing. The authorized site shall be enclosed on the north and south sides by a fencing product that is 4 feet tall, double barricaded with 4 feet in between, such that a container of alcohol cannot get passed through the fencing. 10. Insurance. a) Premises Insurance. On August 18, 2016, Distdct shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shoo Insurance. On August 18, 2016, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2015) in the amount of $500,000 (five hundred thousand dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit A, which is attached and incorporated herein. 11. Toilet Facilities. Toilet Facilities shall be available at High Ground Cafe. 12. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 13. Non -Discrimination. District shall not discriminate against any- person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited 2 to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 14. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 15. Assignment and Subletting. District shall not assign or sublet this agreement without prior written approval of the City. 16. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this n �" G b day of 2016. IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROTENT DIS RICT n_ M THE CITY OF IOWA CITY I Geoff ruin, tatagm City Manager i I 3 EXHIBIT A Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 4 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-235 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A ONE- YEAR EXTENSION OF THE LISTING AGREEMENT WITH LEPIC- KROEGER REALTORS FOR THE 420TH STREET INDUSTRIAL PARK WHEREAS, in Resolution No. 15-229, the City Council approved a listing agreement with Lepic-Kroeger, Realtors to sell property known as 420 Street Industrial Park; WHEREAS, the agreement terminated July 15, 2016; and WHEREAS, it is in the best interest of the City of Iowa City to extend the term of the agreement by one year to July 15, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the City Manager is authorized to sign the attached Amendment to Commercial Listing Contract. Passed and approved this 2nd day of August, 2016. L. MAYOR ATTEST: CI LERK Approved City Attorney's Office —aT-F-T-- 2d(2) Resolution No. 16-235 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Drafted by: Susan Dulek. Ass'L City Attorney, 410 E. Washington SL, Iowa City, IA 52240; 319/356-5030 AMENDMENTTO COMMERCIAL LISTING CONTRACT WHEREAS, on July 15, 2015, Lepic-Kroeger, Realtors ("Broker") and the City of Iowa City ("Owner') entered into the Commercial Listing Contract ("Agreement') in which Owner authorized Broker to be its exclusive agent in the sale of lots at 4201h Street Industrial Park; and WHEREAS, the term of the Agreement was for one-year and the parties desire to amend the Agreement by extending the term by one year. THE PARTIES THEREFORE AGREE AS FOLLOWS: The "Expiration Time" in Paragraph I of the Agreement is amended by changing the ending date to "July 15, 2017." All other terms and conditions of the Agreement, not inconsistent with this amendment, remain in full force and effect. Dated, this 2nd day of August 2016. OWNER CITY OF IOWA CITY, IOWA By: Geoffrey E. Froin City Manager Approved By My Attormw'r "�_. Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SILVER SLOPE — PART TWO, 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 Silver Slope — Part Two, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Silver Slope — Part Two, as constructed by Metro Pavers, 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 day of 20 ATTEST: CITY CLERK It was moved by AYES: p"nq�nastmr cptAmpmva nts.dw NAYS: MAYOR Approved by City Attorney's Office 7 ZU�t(o and seconded by _ ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton 2 � r � ®1OT CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 20, 2016 Honorable Mayor and City Council Iowa City, Iowa Re: Silver Slope — Part Two Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water' main and paving improvements for Silver Slope — Part Two have been completed in substantial accordance with the plans and specifications on file with 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 Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Z-^- Jason Have , P.E. City Engineer Prepared by: Linda Kopping, Senior Center Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)356-5225 RESOLUTION NO. 16-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER. WHEREAS, the Iowa City/ Johnson County Senior Center provides programming to residents throughout Johnson County; WHEREAS, for FYI the County has awarded The Center a $ 59,224 Johnson County Economic Development/ Quality of Life Block Grant for the support of programs and services; WHEREAS, the City Council finds it in the public interest to enter into a grant agreement with Johnson County that will provide limited, but necessary, funding to support operational funding of The Center. 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 two originals of the attached grant agreement. Passed and approved this 2n day of August, 2016. M OR ATTEST: J CI LTY`E ERK City Attorney's Office Resolution No. 16-236 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Botchway the AYES: NAYS: ABSENT: ABSTAIN: % Botchway % Cole % Dickens x Mims x Taylor % Thomas % Throgmorton AGREEMENT Johnson County Economic Development/Quality of Life Block Grant THIS AGREEMENT, made and entered into in this _22,`el day of June, 2016, by and between Johnson County, Iowa ("County"), and the City of Iowa City ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following terms and practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, bolor, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to use funding for support of programs at the Iowa City/Johnson County Senior Center to the benefit of Johnson County residents. Details of the programs to be provided are included in the Recipient's Application for Funding for FYI 7. II. FUNDING A. As its sole obligation under this Agreement, the County shall pay to Recipient the sum of $59,224 to assist Recipient in meeting its operating expenses. B. The County shall transfer the funds to Recipient in quarterly payments of $14,806. The first payment will be made on or about August 15, 2016. Subsequent payments will be made on the 15 ° day of the month following the end of each calendar quarter. C. At the discretion of the Board of Supervisors, funding may be reduced in the event of budget constraints which cause the Board to enact budget reductions within County operations. Any reductions in grant awards will not exceed the percentage of reductions ordered for County operations. III. GENERAL ADMINISTRATION A. On or before the 31" day of January, 2017, Recipient will provide to the Board of Supervisors a mid -year report in a format prescribed by the County. In addition, the recipient may be asked to provide additional documents including board minutes, financials reports and external audits. B. On or before the 31" day of July, 2017, Recipient will provide to the Board of Supervisors a final grant report in a format prescribed by the County. In addition, the recipient may be asked to provide additional documents including board minutes, financials reports and external audits. C. Duly authorized representatives of the County shall at all reasonable times, have access to and the right to inspect, copy, audit, and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit, or survey shall disclose the name or other identifying information concerning persons using Recipient's services. D. The County's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the County, shall be construed to create any special duty, relationship, third -party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the County, nor shall the County have authority to direct the manner or means by which Recipient conducts activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 2017, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. VI. HOLD HARMLESS PROVISION The Recipient shall indemnify, defend and hold harmless the County, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Recipient's officers, employees or agents during the performance of this Agreement. VII. CONDITIONAL STATUS The Board of Supervisors may place an agency on conditional status when one or more serious problems are identified within the agency that puts its agreement with Johnson County in jeopardy. Problems may be in service delivery, board activity, agency administration, fiscal management, cooperation with other agencies, compliance with other government funders, or compliance with the Johnson County agreement. The Board of Supervisors may request that an external financial audit be performed, at the sole expense of the agency, if no audit records are available. Following the placement of an agency on conditional status, representatives of the Board of Supervisors and/or their designee will meet with the agency director and board members to discuss the concerns/problems as identified by the Board of Supervisors. The Board of Supervisors will provide the agency with a written memo outlining the concerns/problems, specific corrective action steps, and time frames for completion. The agency will provide periodic reports and meet with the Board of Supervisors representative and/or designee during this period to ensure that satisfactory progress is being made. Funding may be withheld by Johnson County until the agency has completed or made sufficient progress on the action steps to correct the problems, as determined by the Board of Supervisors. If an agency fails to meet the requirements of the Johnson County agreement and/or the action step memo within the appropriate time frame as specified, the Board of Supervisors to cease County funding. For Johnson County, Iowa: 00� A -31' - Board C air 'Date ATTEST: Travis Weipert, Auditor Date I Recipient: James A. Throgmorton 08/02/2016 Name Date Mavor v Title CITY OF IOWA CITY 2d MEMORANDUM Date: July 25, 2016 To: Geoff Fruin, City Manager From: Linda Kopping, Senior Center Coordinator Re: Recommendation for Acceptance of Johnson County Board of Supervisor's $59,224 Quality of Life Block Grant for FY17 Introduction: In November of 2015, The Center submitted a Quality of Life Grant to the Johnson County Board of Supervisors requesting $120,985 for FY17. The intended use of this funding was to support the operational expenses associated with the participation of 17% of Center members who are non -Iowa City residents of Johnson County. Therefore, the amount requested represented 17% of the proposed operational budget expense funded with area tax dollars. The Board of Supervisors awarded $59,224. Operational expenses of The Center are supported by Iowa City (77%), participant cost sharing, grants, and fundraising (16.5%), and Johnson County (6.5%) History/Background: Prior to FY03, The City and County had a 28E Agreement in which the City and County paid 80% and 20% of The Center's operational budget respectively. Since the dissolution of that agreement, the County's financial support of Center's operational expenses dropped steadily. Currently The Center receives operational support through the Johnson County Quality of Life Block Grant program. To date, the County has responded favorably to all grant applications submitted by The.Center and since FY14, County funding levels have remained constant at $59,224. The $59,224 grant awarded by Johnson County for FY17 covers 7.8% of The Center's tax supported operational budget expenses. This falls short of what is needed to cover the expense associated with the participation of all Center members who are non -Iowa City residents of Johnson County. Ninety-two percent (92%) of operational funding derived from tax support ($699,076) will come from the City's General Fund. Variations in the City and County funding levels lead to significant differences in the amount each entity pays per member/resident. Budget and membership information from FY15 provides a good example. After deducting program revenue and reimbursed expenditures, the cost to the City per Iowa City member was approximately $484. The $59,224 County grant provided roughly $183 per County member outside of Iowa City, leaving a $301 gap. The Center's annual membership fee program was structured to compensate for some of the variations in operational support provided by Iowa City and Johnson County. Iowa City residents pay a membership fee of $40/year and people living outside of Iowa City pay $75 annually. While this tiered membership fee is significant to members, it covers only a portion of the variations in funding provided by the City and County. Despite differences in City and County funding levels and a desire for increased funding from the County, we are pleased to receive this financial support from Johnson County. The County has been a significant and longstanding supporter of The Center. Without their backing many of the programs and services currently offered would not exist. July 25, 2016 Page 2 Discussion of Solutions: Staff is working to diversify funding and decrease reliance on local government support. A 0.5 Development Specialist is being hired, fundraising and marketing plans are in place and being operationalized, and staff is working closely with Friends of The Center to revitalize the group's fundraising capacity. Financial Impact: The grant will support programs and services offered at The Center during FY17 and help limit the burden of cost sharing placed on participants. Recommendation: Staff recommends acceptance of the $59,224 Economic Development/Quality of Life Grant awarded to The Center by the Johnson County Board of Supervisors. M"07�-- 2e(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 RESOLUTION NO. 16-237 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF COTTONWOOD AVENUE EAST OF YEWELL STREET TO LAURA CROSSETT AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR AUGUST 16, 2016. WHEREAS, Applicant Laura Crossett has requested that the City vacate and convey via quit claim deed that portion of Cottonwood Avenue east of Yewell Street to facilitate an addition to her house;and WHEREAS, Applicant has offered to pay the City fair market value for this land, as determined by an appraisal, in the amount of $15,000; and WHEREAS, this property serves no public purpose, although there is an electric utility line running along the southerly portion thereof; WHEREAS, City Staff recommends approval of said request, subject to the retention of an electric utility easement over the southerly 40'; and 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 THAT PORTION OF COTTONWOOD AVENUE LOCATED EAST OF YEWELL STREET BETWEEN LOTS 77 AND 78, KIRKWOOD HEIGHTS ADDITION TO IOWA CITY, IOWA, AS SHOWN IN PLAT BOOK 3, PAGE 137 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE to Laura E. Crossett in exchange for the payment of $15,000 and subject to retention of an electric utility easement for the benefit of MidAmerican Energy over the southerly 40 feet thereof. 2. A public hearing on said proposal should be and is hereby set for August 16, 2016 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 2nd day of August 2016. MAYOR Approved byf�J/ ATTEST: �(��,�/ •� • `tit -CJ � w J�5( /�,�nrn�ls/1Y�z� CCITrCLERK CityAttomey's Office 7/y1,/14o Resolution No. 16-237 Page 2 It was moved by Resolution be adopted, AYES: NAYS: Mims and seconded by and upon roll call there were: ABSENT: ABSTAIN: Botchway the Botchway Cole Dickens Mims Taylor Thomas Throgmorton mTrzrTrm 2d(5) Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-3555142 RESOLUTION NO. 16-238 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE MORMON TREK 4 -LANE TO 3 -LANE CONVERSION PROJECT. WHEREAS, the City of Iowa City desires to construct the Mormon Trek 4 -Lane to 3 -Lane Conversion Project ("Project") which includes new pavement markings, traffic signal replacement at three intersections, replacement of non -ADA compliant sidewalk ramps, incorporation of on -street bike accommodations and the addition of a right -turn lane on Mormon Trek at Benton Street; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Mormon Trek - Right Turn at Benton & 3 Lane Conversion account #S3868. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Mormon Trek 4 -Lane to 3 -Lane Conversion Project ("Project') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quitclaim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 16-238 Page 2 Passed and approved this 2nd day of August .20 16 . ATTEST:_ 2?4 cz a�rJ k • CITY -CLERK MAYOR Approved by l_ City Attorney's Office "7 (2 -7 (1(p It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: pwengUnasters\acquireprop. doc NAYS: ABSENT: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton