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HomeMy WebLinkAbout2010-08-17 ResolutionM ~-~. Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 10-362 RESOLUTION TO ISSUE DANCING PERMIT ~~TTI~b 3c 23 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 46695 - 225 Highway 1 West Field House - 111 E. College Street Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 17th day of August , 2010 /ate `?fl ,. ~- MAYOR Approved by `/ , ATTEST: 9~ - c-~ ~~~-~. w~~;?,~~ i~- CI' LERK City Attorney's Office ~ (~,~,~, It was moved by Champion and seconded by Wright Resolution be adopted, and upon roll call there were: the AYES: NAYS: ABSENT: g Bailey ~ Champion _ g Dickens ~ Hayek _ X Mims ~_ Wilburn g Wright M l ~~, `~ 3e 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 1 0-"iFi'~ RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance in effect under in effect under Depository Name Location of Home Office Local Location rior resolution this resolution Bank N.A. S U 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 . . Minneapolis, MN 55402 Iowa City, IA 52240 MidWestOne Bank 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank P.O. Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Memphis, TN 38147-0001 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 301 S. Clinton St. 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 University of Iowa 500 Iowa Avenue Same 50,000,000.00 50,000,000.00 Community Credit Union Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same 15,000,000.00 15,000,000.00 Bank Coralville, IA 52241 Farmers & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 205 E College 25,000,000.00 25,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Avenue 640 Highway 1 West 35,000,000.00 35,000,000.00 Fort Dodge, IA 50501 Iowa City, IA 52246 Two Rivers Bank & Trust 222 N. Main Street 805 22nd Avenue 10,000,000.00 10,000,000.00 Burlington, IA 52601 Coralville, IA 52241 Cedar Rapids Bank & Trust 500 1st Ave NE, Ste 100 Same 0.00 20,000,000.00 Cedar Rapids, IA 52401 Passed and approved this 1 7th day of Aug ust , 2010 /I`4~1~/~- ~q - MAYOR ~ Approv by A ' ~~G~ iA ATTEST: ~"" A City Attorney's Office CITY CLERK S:\FIN\TREAS\BRIAN\bank resolution Resolution No. 10-363 Page 2 It was moved by Cha~ion and seconded by w,-~ ghr _ the Resolution be adopted, and upon roll call there were: AYES: ~_ X ~_ _X___ X x wpdata/glossary/resolution-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims X Wilburn Wright Ml~ 3e 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO 10-364 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on October 24, 2008, and recorded on November 7, 2008, in Book 4364, Page 455 through Page 460 in the Johnson County Recorder's Office covering the following described real estate: The south 70 feet of Lot 5, and the south 70 feet of the east 10 feet of Lot 4, all in Block 5, in Woods' Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements, agreements and restrictions of record. WHEREAS, University of Iowa Community Credit Union has refinanced a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 17th day of August , 20 10 MAYOR Resolution No. Page 2 10-364 Approved by ATTEST: .-r CITY RK City Attorney's Office It was moved by Champion and seconded by wri ~ r the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey X Champion x Dickens x Hayek x Mims X Wilburn x Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the o~~mer and holder of a certain Mortgage which at this time is in the amount of 4 000, and was executed by Kirk S Murray and Wim Rowley Murray, (herein the Owner), dated October 28. 2008, recorded November 7, 2008, in Book 4364, Page 455 through Page 460, Johnson County Recorder's Office, covering the following described real property: The south 70 feet of Lot 5, and the south 70 feet of the east 10 feet of Lot 4, all in Block 5, in Woods' Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements, agreements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $153,655 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be 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 ht=rt:by covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ~~ Dated this ~ day of ~Ui~~~ , 20~'i1-. CITY OF IOWA CITY By /~?~,. mil,. Mayor FINANCIAL INSTITUTION av ~ ,. Attest: . _ `~~~ ity rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) ~~' 20 i~ before me, the undersigned, a Notary On this j 7 ~ day of ~~~~~ > Public in and for the State of Iowa, personally appeared M~-+E ~ ~t~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di say 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 (C~il,arrc~) (Resolution) No. l~ •- 3 6~- passed (the Resolution adopted) by the City Council, under Roll Call No. ~--_~__~ of the City Council on the 17 ~"`-` day of !-1u~~<<~ , 20 / r7 ,and that ~-I Ic and Marian 4<. Karr acknowledged the execution of the instrument to be their volu tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~~ s SONDRAE FORT _ ~ Commission Number 159791 S~+Gtna_A._ ~~~ • My Comm•s~~n` ~ Aires ,oW ~ Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) -. ~ On this S~ ,_ day of ~.1 '' ~~ , 20 ~:`~, before me, the undersigned, a Notary Public in °~~ -~ ~ ~~r ; .~~.a~ to me and for the State of Iowa, personally appeared ~~~~~-~ pe-rs/onally known, who being by me duly sworn, did say that ~/she is the ~'~Ag~~/'Or~SB'br of !.~ / CL%~-~ ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~~~ ~ !Q`~. acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. ~'"~ RYAN DOEHRMANN Notary ublic in and for the State of Iowa c ~ Commission Number 734144 f My Commission Expires ~ _~ /` My Commission expires: M 1-~ - - 3e(3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-365 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1931 CHELSEA COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on February 10, 2010, and recorded on February 16, 2010, in Book 4557, Page 328 through Page 333 in the Johnson County Recorder's Office covering the following described real estate: Lot 127, Village Green -Part XXIV, Iowa City, Iowa, according to the plat thereof recorded in Book 50, Page 175, Plat Records of Johnson County, Iowa. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 17th day of August , 20 l0 MAYOR Approved by Resolution No. 10-365 Page 2 ATTEST: - CITY ERK City Attorney's Office It was moved by Champion and seconded by wrighr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens x Hayek X Mims X Wilburn ~_ Wright ~A ,~~_ ---~ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder cf a certain P.'lortgage which at this time is in the amount of 54 000, and was executed by Neil J. and Anna C. White, (herein the Owner), dated February 10, 2010, recorded February 16, 2010, in Book 4557, Page 328 through Page 333, Johnson County Recorder's Office, covering the following described real property: Lot 127, Village Green -Part XXIV, Iowa City, Iowa, according to the plat thereof recorded in Book 50, Page 175, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution has loaned the sum of $ 126.000.00 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ¢k Dated this I'7 day of ~uG~s~ , 200_. CITY OF IOWA CITY By Mayor FINANCIAL INSTITUTION f Kimberly McCoy/Vice President Attest: City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this l Z ~ day of~/~,, ~~. ~- , 20_x, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared afii-~ ~ s .. -~-a ~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say tha 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 (O~ii~a~nce) (Resolution) No. (i~ ~- 36 ~ passed (the Resolution adopted) by the City Council, under Roll Call No. •---------- of the City Council on the !7 fti day of ~-1~~C7u5 ~ , 20 t y ,and that tV{ r.~t(lz.~t., ~ -~-I~ U e !C and Marian K. Karr acknowledged the execution of the instrument to be their vofu tantan ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,3~glm SONDRAE FORT S~Y,r.L-uiQ- ~csr v i ~ Commission Number 159791 Notar Public in and for the State of Iowa My Comm s~~ ~ Aires y . iow 3 7 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 16th day of July , 20 10, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KimhPrly ('oy to me personally known, who being by me duly sworn, did say that he/she is the Vice President of Univ of Iowa Comm Cr Unionthat said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Kimberly McCoy acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. i ,_ Notary Public in and for the ate of Iowa ~ra~cr CONNIE J. WELK ~ "~~ ~~`~ ~ ~-. ° ~ Commission Number 720951 My Commission expires: My Commission Expires ow -/ -/ ~~ 3e 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-366 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 1015 DIANA STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages which were executed by the owner of the property on December 31, 2001, recorded on January 10, 2003, in Book 3457, Page 197 through Page 201, and in Book 3457, Page 202 through Page 208; and another Mortgage executed on January 13, 2003, recorded January 13, 2003, in Book 3458, Page 418 through Page 422 in the Johnson County Recorder's Office covering the following described real estate: Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100 feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet WHEREAS, Hills Bank and Trust Company has executed a refinanced loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by a proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; 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 as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Coralville, Iowa. Resolution No. 10-366 Page 2 Passed and approved this 17th day of Au¢ust ~ 201Q-• MAYOR Approved by • ~~ 9 1 ~- S '( 0 ATTEST: r CIT ~ERK City Attorney's Office It was moved by Champion and seconded by wrgght the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~_ Bailey ~_ Champion ~_ Dickens x Hayek x Mims x Wilburn x Wright /i ~~ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Coralville. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $12.069.10, and where executed by Cynthia C. Rolfes (herein the Owner), dated December 31, 2001, recorded January 10, 2003, in Book 3457, Page 197 through Page 201, and dated December 31. 2001, recorded January 10, 2003, in Book 3457, Page 202 through Page 208, and dated January 13, 2003, recorded January 13, 2003, in Book 3458, Page 418 through Page 422, Johnson County Recorder's Office, covering the following described real property: Beginning at a point 150 feet south of the northwest corner of Lot 1, Block 5, Lucas Addition to Iowa City, according to the plat thereof recorded in Deed Book 13, Page 580, Records of Johnson County, Iowa, thence south on the west line of said Lot 1, 50 feet, thence east 100 feet, thence north 50 feet, thence west to the place of beginning a distance of 100 feet. WHEREAS, the Financial Institution proposes to loan the sum of $50.000 on a promissory note to be executed by the Financial Institution and the Owner, 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 Mortgages held by the City be subordinated to the lien of the mortgage proposed to be 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 Mortgages 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 Mortgages 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. ~I, /~ Dated this 1 ? _ day of t-LuG car' , 20~v CITY OF IOWA CITY By Mayor FINANCIAL INSTITUTION w ' C~ By Attest: ~5 ~ City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~_ day of ~~u~ , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared l~rta-~ e~ ~ a and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did ay 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 (Ardtrtanee) (Resolution) No. l8-- 3~6 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the -~ day of Qu.~-,,,.s-r-' , 20~_, and that ~ ,,,> ~ ~I and Marian K. Karr acknowledged the execution of the instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~,~ugts SONDRAE FORT z ~ Commission Number 159791 My Commission Expires S`emc~nr,~.a_ ~~"~ 101N ~ °~~ `~ Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /?~ J~~V!/1~ ~~CJ1~~ (name(s) of person(s) as D~~C~ authority, e.g, officer, trustee, etc.) of 1'(S i~~n '~ party of behalf of whom instruments was executed) . Notary Public in and or the My Commission expires: V31 a 20 ~ ~ by (type of (name of State of Iowa ~1a31- ~ $ ~ ~rrar~ ~ ~.~,'. M~ 8_ ~_ 3e 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-367 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, HILLS, IOWA FOR PROPERTY LOCATED AT 950 OXEN LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on November 13, 2009, and recorded on November 16, 2009, in Book 4527, Page 348 through Page 353 in the Johnson County Recorder's Office covering the following described real estate: Lot 31, Sandhill Estates-Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa, except therefrom Auditor's Parcel 2006-024, a portion of Lot 31, Sandhill Estates, Part One, Iowa City, Iowa, in accordance with a Boundary Line Adjustment Plat of Survey recorded in Book 50, Page 228, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by a proposed mortgage in order to induce Hills Bank and Trust Company to secure first position on such a loan; 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 as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Resolution No. 10-367 Page 2 Passed and approved this 17th day of Aug„sr , 20_x_. /~ MAYOR A roved by ATTEST: CIT ERK City Attorney's Office It was moved by (:hamnion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek x Mims X Wilburn x Wright ~~-~ , =~J SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company, Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaage which at this time is in the amount of 54 000, and was executed by Elizabeth G. Kron and Nathaniel J. Armentrout, (herein the Owners), dated November 13, 2009, recorded November 16, 2009, in Book 4527, Page 348 through Page 353, Johnson County Recorder's Office, covering the following described real property: Lot 31, Sandhill Estates-Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa, except therefrom Auditor's Parcel 2006-024, a portion of Lot 31, Sandhill Estates, Part One, Iowa City, Iowa, in accordance with a Boundary Line Adjustment Plat of Survey recorded in Book 50, Page 228, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $126,000 on a promissory note to be executed by the Financial Institution and the owner, 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 Mortaage held by the City be subordinated to the lien of the mortgage proposed to be 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 Mortaage 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 ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortaage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~~ day of i~U GuS~ , 20~_. CITY OF IOWA CITY By ~ ~1 Mayor FINANCIAL INSTITUTION ~'~ Bye; ~ ~i t ~ t ~~ '~~,I- ~c~-~_: Attest: ~_ - ~~2~W Cit -Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this l ?~ day of ~u ~us-c' , 20~_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ma-Hf, ~ 'S ~ I and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (9r~elirr~ance) (Resolution) No. rD- ,3~'7 passed (the Resolu ~on adopted) by the City Council, under Roll Call No. of the City Council on the i 7 ± day of Au~~,~~ , 20 t ~ ,and that i'o'ta-~+ ~Q~ ~ a ~ /< and Marian K. Karr acknowledged the execution of the instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~~'~s SONDRAE FORT Commission Number 159791 ~~~;,.-iQ~ ~~"'~z ? My Commission Expires °W 3 ~ ~~. Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~-f-~~' day of ~'1S~ , 20~, before me, the under$igned, a Notary Public in and for the State of Iowa, personally appeared ~~~ I' ~ ~' I ~it-~ ~/~~' to me personally known, who being by me duly sworn, did say that he/she is the fi i s U 1 ~~ _~C"~ ~1 CIF ~~- of ~~ 111 '~Ct n k ~, I r1,~Sfi Cc~,-that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~r~ I' I t`/l~- ~~- r'1G~ ~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. }~ t ~. Notary Public in an f the State of Iowa My Commission expires: ~~~~ 1~-- 4 ~ KIMBERLY MESSINGER _~ Commission Number 759783 My Expires ~~ 3e 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-368 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 425 UPLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on November 9, 2007, the owners executed a Mortgage with the City of Iowa City to secure a loan; 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 425 Upland Avenue from a Mortgage, recorded November 15, 2007, Book 4236, Page 355 through Page 360 of the Johnson County Recorder's Office. Passed and approved this 17th day of August , 20~_ _~~.~~ MAYOR ATTEST:_ ~~ ~- /L~~ CIT LERK Approved by ~"d~~C~ City Attorney's Office It was moved by Champion and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens ~_ Hayek g Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(s1:Matthew M. Mescher and Moana C. Mescher Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 425 Upland Avenue, Iowa City, Iowa, and legally described as follows: Lot 7 in Court Hill, an Addition to the City of Iowa, According to the Plat thereof recorded in Book 4, Page 324, Plat Records of Johnson County lowa.~ from an obligation of the owners, Matthew M. Mescher and Moana C. Mescher, to the City of Iowa City represented by a Mortgage, recorded November 15, 2007, Book 4236, Page 355 through Page 360 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CIT LERK STATE OF IOWA /~~~if ., MAYOR Ap ed by ~~~~ ~- ~ ~ ~ -ro City Attorney's Office 1 SS: JOHNSON COUNTY 1 fit nA On this (7~ day of ~-1uGi,5'~ , A.D. 20~_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No./° •_3633, adopted by the City Council on the ~ day .QuG.:~-r- , 20~ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o~igts SONDRAE FORT 5.,~,~~ ~,~ _ a ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa M~r om fission Expires iow .s "~ a O M-~g 3e 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-36 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1410 S FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on August 15, 2000, the owners executed an Agreement with the City of Iowa City to secure a loan; 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 1410 S. First Avenue from an Agreement, recorded May 1, 2003, Book 3534, Page 802 through Page 823 of the Johnson County Recorder's Office. Passed and approved this 17th day of Aug>>Gr , 20~_ r~~. ~~ MAYOR ATTEST: ~~~~~ ~ ~C~ CITY LERK Approved by ~~~.`~'t~ ~' _ d ~ -f G City Attorney's Office It was moved by Champion and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens g Hayek g Mims g Wilburn x Wright 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 Mortgagorlsl:Goodwill Industries of Southeast Iowa Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 1410 S. First Avenue, Iowa City, Iowa, and legally described as follows: See Exhibit A from an obligation of the owners, Goodwill Industries of Southeast Iowa, to the City of Iowa City represented by an Agreement, recorded May 1, 2003, Book 3534, Page 802 through Page 823 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~ %~ CITY LERK STATE OF IOWA 1 /~ `~I .. MAYOR Approved by Ce~ ~ - d c~ - <o City Attorney's Office SS: JOHNSON COUNTY ) r n On this ~ day of -f-i~..lGi.~ST , A.D. 20 /"U ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corpor tion by authority of its City Council, as contained in Resolution No. tD•° adopted by the City Council on the (~t~. day 6 ° , 20 /'o and that the said Matthew J. Hayek and avian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~m SONDRAE FORT ~--^ _ ~ Commission Number 159791 SC''`c~^a,s~ rc~`~' My Commission F~cpires Notary Public in and for Johnson County, Iowa row 3 -7 do )a., Exhibit A Legal Description ;of Goodwill Industries of SE Iowa Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the S''' P.M., Iowa City, Iowa; thence NO°00'00"E, 581.43 feet along the east line of said Section 14 and Ohls Subdivision to the point of beginning; thence continuing along said east Tine, N0°00'00"E, 85.50 feet to a point on the southeasterly right of way line of First Avenue, said point being on a 804.00 foot radius curve; thence southwesterly along said right of way line, 91.93 feet along said 804.00 foot radius curve concave northwesterly, said curve having a chord length of 91.88 feet, bearing S21°28'23"W; thence 590°00'00"E, 33.63 feet to the point of beginning, and All that part of the southwest quarter of the southwest quarter of Section 13 and all that part of the northwest quarter of the northwest quarter of Section 24, in Township 79 North, Range 6 West of the 5'h P.M. lying south of a line parallel with and 50 feet distant westerly as measured perpendicularly from the centerline of the Chicago, Rock Island and Pacific Railroad Company's main track as now located across said southwest quarter of the southwest quarter of said Section 13, and west of a line parallel with and 12 feet distant westerly as measured perpendicularly from the centerline of said Railroad Company's wye track No. 2, Wye tail track, and a southerly extension thereof, as now located across said southwest quarter of the southwest quarter of said Section 13 and said northwest quarter of the northwest quarter of said Section 14; Excepting therefrom all that part thereof conveyed to the City of Iowa City, Iowa by Warranty Deed dated December 22, 1972 and recorded April 2, 1973 in Book 395, Page 386, Deed Records of Johnson County, Iowa; and excepting therefrom the following: Beginning at the concrete monument which marks the corner common to Sections 13, l4, 23 and 24, T79N, R6W, of the 5'" P.M.; thence due north 144.24 feet along the East line of Lot 2, Ohls Subdivision, Iowa City, Johnson County, Iowa; thence N 89°58'40" E, 176.0 feet; thence S 27°53'40"W, 375.31 feet; thence N 00°05'20"W, 136.38 feet; thence N 00°05'20"W, 51.05 feet along the East line of Lot 2, Ohls Subdivision to the point of beginning. AND Parcel 98060 That part of Lot 3 of Ohl's Subdivision, Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98060 as shown on the plat thereof recorded in book 42 page Z0, records of Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the Southeast corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th P.M.; thence North 0°00' East 521.0 feet along the East line of said Southeast Quarter and along the East line of said Ohl's. Subdivision to the point of beginning; thence North 90°00' West 64.6 feet to a point~of intersection with the Easterly right-of-way line of First Avenue; thence Northeasterly 67.9 feet along said Easterly right-of-way line and along the arc of an 804.0 foot radius curve concave Northwesterly (chord North 27° 10' East 67.9 feet); thence North 90°00' East 33.6 feet to a point of intersection-with the East line of said Southeast Quarter and the East line of said Ohl's Subdivision; thence South 0°00' East 60.4 feet along the East line of said Southeast Quarter and the East line of said Ohl's' Subdjxisio~ to the point of beginning and containing 0.07 acres more or less AND Parcel 980.59 That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 79 North, Range 6 West of the 5''' P.M., Iowa City, Johnson County, Iowa described as Auditor's parcel No. 98059 as shown on the plat thereof recorded in book 41 page 230, records of Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Southwest Quarter; thence North 0°00' East 841.9 feet along the West line of said Southwest Quarter (assumed bearing for this description only) to a point of intersection with the Southerly right-of-way line of the Heartland Rail Corporation; thence South 61°53' East 65.9 feet along said Southerly right-oF-way line to the point of beginning; thence continuing South 61 °53' East 250.0 feet along said Southerly right-of-way line; thence South 28°07' West 142.0 feet [o a point of intersection with an Easterly line of the parcel of land described in a Quitclaim Deed recorded in Book 298, Page 55 at the Johnson County Recorder's Office, said Easterly line being 12 feet in normal distance Westerly of the centerline of former wye track No. 2; thence Northwesterly 290.75 feet along said Easterly line and along the arc of a 561.0 foot radius curve concave Southwesterly (chord North 32°17' West 287.5 feet) to the point of beginning and containing 0.32 acres more or less. ~~ ~~ - - 3e 8 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE PAVING PUBLIC IMPROVEMENTS FOR LOT 78 OF WALNUT RIDGE -PART SEVEN, AND DECLARING SAID 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: Paving improvements for Lot 78 of Walnut Ridge -Part Seven, 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 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 17th day of August , 20~_ MAYOR Approved by ATTEST: ~A ~ 9~• `~~~ CITY ERK .~cc t.c;2 ~~toz-y~.vU~521'r~"~ ~~'~Z'~~~"D~ ~y._.~ City Attorney's Office ~-~ ~ t ~ I~ It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion g Dickens g Hayek g Mims x Wilburn x Wright pweng/res/walnutrdg-pa rt7Iot78.doc 3e CSC ) _~ r _~ ~~~~®_ :~III~~~ + d111®i~,l ~+t.Y~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT August 11, 2010 Honorable Mayor and City Council City of Iowa City, Iowa Re: Lot 78 of Walnut Ridge -Part Seven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the paving improvements for Lot 78 of Walnut Ridge - Part Seven 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 paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/engrpt-Iot78wa InutridgeparO. doc ~~ ~ - - 3e 9 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 10-371 RESOLUTION REMOVING 731 BOWERY STREET FROM THE ASSESSMENT SCHEDULE AND DIRECTING THE CLERK NOT TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, on July 12, 2010 in Resolution No. 10-361, City Council adopted an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair and stop box repair charges to be assessed against certain properties; WHEREAS, said schedule includes an unpaid snow removal bill for the property located at 731 Bowery Street; WHEREAS, the owners of said property have filed a petition in the U.S. Bankruptcy Court for the Northern District of Iowa, and federal law imposes an automatic stay of the collection most debts upon the filing of a bankruptcy petition; and WHEREAS, because federal law prohibits the City from presently collecting said the unpaid snow removal bill, the property assessment should be removed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The property locally known as 731 Bowery Street, Iowa City, Iowa is removed from the assessment schedule attached as Exhibit A in Resolution No. 10-361, and the City Clerk is hereby directed not to certify said property to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. Passed and approved this 17th day of August , 2010. _~,., ~ .. Mayor Approved by ATTEST: ~ City erk City Attorney/s Office ~:~ 7 Prepared by: Steve Long, Community Dev Coord, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-372 RESOLUTION ADOPTING AMENDED FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID AMENDED PLAN TO USE CDBG DISASTER RECOVERY PROGRAM INCOME FOR THE WEST SIDE LEVEE. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY11 Annual Action Plan as part of the City's 2011-2015 Consolidated Plan (CITY STEPS), to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, in Resolution No. 10-264 City Council adopted the FY11 Annual Action Plan; WHEREAS, the City of Iowa City is anticipating the receipt of $2.9 million in Community Development Block Grant (CDBG) Disaster Recovery Housing Fund program income which has not been committed; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the use of approximately $1.9 million of the anticipated CDBG program income and subsequent amendment to the FY11 Annual Action Plan; and WHEREAS, the City wishes to construct a levee on the west side of the Iowa River south of Highway 6 that will protect approximately 190 mobile homes and 50 businesses, most of which are in the 100-year flood plain ("west side levee"); and WHEREAS, the City Council finds that the public interest will be served by using the (CDBG) Disaster Recovery Housing Funds for construction of the west side levee and the adoption of the amended FY11 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Amended City of Iowa City FY11 Annual Action Plan, containing the allocation of CDBG funds attached hereto as Exhibit A, is hereby approved and adopted. Passed and approved this l~thday of August, 2010. /-~f „ MAYOR ~_ Ifi(G ATTEST: CI LERK City Attorney's Office Resolution No. 10-372 Page 2 It was moved by sailey and seconded by n; rkPnG the Resolution be adopted, and upon roll call there were: AYES: x X ~- x x x wpdata/glossary/resolution-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims x Wilburn Wright FY11 CDBG & HOME Budget Council Approved Request (5/10/2010) 8/17/2010 ECONOMIC DEVELOPMENT Economic Development Fund $108,329.00 Subtotal $108,329.00 HOUSING PROJECTS Shelter House/NAMI -Rental $200,000.00 $200,000.00 Isis Investments LLC -Rental $250,000.00 $208,000.00 IC Housing Authority/DVIP - TBRA $40,000.00 $40,000.00 The Housing Fellowship - CHDO Operating $40,000.00 $33,900.00 The Housing Fellowship -Rental $682,443.00 $408,451.00 IV Habitat for Humanity -Home Owner $190,000.00 $114,000.00 IC Housing Rehabilitation -Owner Occupied $282,024.00 Subtotal $1,402,443.00 $1,286,375.00 PUBLIC FACILITY PROJECTS MYEP -Facility Rehab $97,237.00 $90,000.00 Extend the Dream Foundation -Facility Rehab. $200,000.00 $40,000.00 Johnson County Ext./Big Brothers Big Sisters $200,000.00 $127,000.00 DVIP -Facility Rehabilitation $76,000.00 $70,000.00 MECCA -Facility Rehabilitation $15,850.00 $11,000.00 IC Free Medical Clinic -Facility Rehab. $97,975.00 $43,000.00 West Side Levee $1,900,000.00 Subtotal $687,062.00 $381,000.00 $1,900,000.00 PUBLIC SERVICE PROJECTS Crisis Center -Operations $10,625.00 $3,177.00 Shelter House -Operations $10,000.00 $2,888.00 Mayor's Youth Empowermen/FAS TRAC $8,332.00 $2,625.00 Iowa City Free Medical Clinic -Operations $10,000.00 $2,610.00 Elder Services Inc. -Aid to Agencies $54,000.00 United Action for Youth -Aid to Agencies $51,000.00 Subtotal $38,957.00 $116,300.00 ADMINISTRATION AND PLANNING HOME Program Administration $67,799.00 CDBG Program Administration and Planning $157,438.00 Subtotal $225,237.00 TOTAL $2,117,241.00 $1,900,000.00 SOURCE OF FUNDS FY11 CDBG Entitlement $722,192.00 FY11 Anticipated CDBG Program Income $65,000.00 CDBG Uncommitted/Returned Projects $155,665.00 CDBG Subtotal $942,857.00 CDBG Disaster Program Income $1,900,000.00 FY11 HOME Annual Entitlement $677,991.00 FY11 Anticipated HOME Program Income $90,000.00 HOME Uncommitted/Returned Projects $406,393.00 HOME Subtotal $1,174,384.00 TOTALS $2,117,241.00 $1,900,000.00 FY11 TOTAL $4,017,241.00 11 r ~,~,~.®~,~ C I T Y O- F 1 0 1IV A C 1 T Y Date: August 9, 2010 To: City Council From: Jeff Davidson, Director of Planning & Community Development ~-R i~~ Re: Great Places grant award for extension of Iowa Avenue Literary Walk into the North Side Marketplace In FY10 Iowa City was designated a Great Place by the Iowa Department of Cultural Affairs. This designation made us eligible to apply for Great Places grant funding beginning in FY11. Great Places grants are available for public infrastructure projects. Great Places program administrators indicated to us that because our designation was based largely on our UNESCO City of Literature designation, our best chance for project funding would be for public infrastructure based on a theme pertaining to the City of Literature. At the time we became aware of the availability of Great Places funding, we were just completing conceptual design for reconstruction of the North Side Marketplace Streetscape. This is a project you approved for $500,000 in funding in FY10. We developed a project to extend the Iowa Avenue Literary Walk into the North Side Marketplace as an addition to the streetscape project. We hope the extension of the Literary Walk will increase the visibility of the North Side Marketplace to visitors downtown. The North Side Marketplace Streetscape Reconstruction Project includes replacement and reconstruction of sidewalks and curb and gutter; repositioning of lighting where necessary; and new street amenities and plantings. The Literary Walk addition to the project adds Literary Walk components to the scope of the project within the same two block project area. We requested a Great Places grant of $170,000 and were awarded $70,000. We worked with our design consultant to modify the concept design so that it can be completed within the available $570,000 budget ($500,000 original project plus $70,000 Great Places grant). If you approve the grant agreement, we will commence final design and engineering of the project as soon as possible. Construction will begin in spring of 2011, as the Great Places grant agreement requires the project to be completed by June 30, 2011. The Great Places grant agreement will be on your August 17 meeting agenda. Bring any questions to your August 16 work session. cc: Dale Helling Wendy Ford Jeanette Pilak w/ppdd i r/me m/G reatP IacesG ra nt-8-2010. doc ~. t Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 10-373 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. WHEREAS, Iowa City has been declared a Great Place by the Iowa Department of Cultural. Affairs; and WHEREAS, funding is available from the Iowa Great Places program to fund improvements in communities which have been declared Great Places; and WHEREAS, the City of Iowa City applied for and has been granted $70;000 in funding from the Iowa Great Places program for extension of the Iowa Avenue Literary Walk into the North Side Marketplace; and WHEREAS, a grant agreement with the Iowa Department of Cultural Affairs is necessary for Iowa City to obtain the $70,000 in grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign in duplicate and the City Clerk to attest the grant agreement with the Iowa Department of Cultural Affairs for $70,000 in state funds. 2. The Interim City Manager or his designee is authorized to provide any other administrative materials necessary to access the grant funds. Passed and approved this 17th day of August 20 10 ~/ _ / V A MAYOR ATTEST: ~~~~ CIT LERK Approved by ~ ~~~~ Ci y Attorney's Office $.I I t'~ ld Ppdadm/res/Iiterarywalk2011 ext.doc Resolution No. 10-373 Page 2 It was moved by Bailey and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RESOLUTI AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR GRANT FROM THE IOWA GREAT PLACES PROGRAM. WHEREAS, Iowa City ha~been declared a Great Place by the Iowa Departm nt of Cultural Affairs; and . WHEREAS, funding is availa~e from the Iowa Great Places program to f d improvements in communities which have been declared Great Places; and 5` WHEREAS, the City of Iowa City~~~pplied for and has been granted $7 ,000 in funding from the Iowa Great Places program for extension of the Iowa Avenue Litera Walk into the North Side Marketplace; and ~, WHEREAS, a grant agreement with the owa Department of Cul ral Affairs is necessary for Iowa City to obtain the $70,000 in grant funds. NOW, THEREFORE, BE IT RESOLVED Y THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the ity erk to attest the grant agreement with the Iowa Department of Cultural Affairs for $70, in state funds. 2. The Interim City Manager or his designee s a horized to provide any other administrative materials necessary to access the grant nds. Passed and approved this day o , 20 MAYOR ATTEST: CITY CLERK by viz ~~,~, ~ y's Office ~ ~ ~ ~ ~ Ppdadm/res/Iiterarywalk2011 ext.doc / I ~ ~1 12 Prepared by: Tammy Neumann, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5210 RESOLUTION NO. 10-374 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR EXTENDING THE COURT HILL TRAILS PROJECT ALONG RALSTON CREEK IN EAST IOWA CITY TO WINDSOR RIDGE. COURT HILL TRAIL PROJECT PHASE THREE. WHEREAS, the growing number of U.S. cities are developing trails to improve recreation access to parks; and WHEREAS, enhancing recreation opportunities improves the quality of life for Iowa City residents and visitors; and WHEREAS, trail extension of the Court Hill Trail into Windsor Ridge along Ralston Creek is a planned amenity noted in the master plan for said area; and WHEREAS, the City of Iowa City applied for and was awarded a grant in the amount of $416,159 by the Iowa Department of Transportation to construct a trail as an extension of the Court Hill trail project; and WHEREAS, City staff recommends entering into the attached Grant Agreement thereby accepting the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby finds that it is in the public interest to enter into the Grant Agreement for the Court Hill Phase Three project. 2. The Mayor is authorized to sign and the City Clerk to attest said grant agreement in duplicate. 3. Staff is authorized to submit any additional documentation required to effectuate said Agreement to the Iowa Department of Transportation for said grant award. Passed and approved this 17th day of August , 20 10 MAYOR ATTEST: ~~~~~ ~c~ CITY ERK Approved by ,t City Attorney's Office ~ ~~~11 ~~ Pa rk s re c/ re s/co u rth i l l t ra I p h a s e l l I. d o c Resolution No. 10-374 Page 2 It was moved by wiiburn and seconded by M; mG the Resolution be adopted, and upon roll call there were: AYES: X X X ~- x -~ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc Iowa Department of Transportation Agreement for a National Recreational Trails Project RECIPIENT: City of Iowa City PROJECT NUMBER: NRT-3715(649)--9G-52 IOWA DOT AGREEMENT NUMBER: 2011-NRT-004 This is an agreement between the City of Iowa City (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Federal Recreational Trails Program of the Transportation Equity Act for the 21St Century (23 United States Code 206), Iowa Code Sections307.12 and 307A.2 and Iowa Code Chapter 465B. The application was approved for funding. Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DOT and the Johnson County Council of Governments, the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the development of Court Hill Trail--Phase 3. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be Yvonne Diller, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, phone 515-239-1252, email yvonne.diller@dot.iowa.gov. The Recipient's contact person shall be Michael Moran, City of Iowa City, Parks and Recreation, 410 East Washington Street, Iowa City, IA 52240, phone 319-356-5110, email mike- moran@iowa-city. org. 3. The Recipient shall be responsible for the development and completion of the following described project: Court Hill Trail--Phase 3 which is approximately 3,950 feet in length and follows the riparian corridor along Ralston Creek in east Iowa City 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the date of Federal Highway Administration authorization shall be paid as follows: NRT Funds (Grant): $416,159 Local Contribution: $163,841 Project Total: $580,000 5. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non-cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by grant shall not exceed the amount stated above $416,159 or 80 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit A which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The Recipient shall submit to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a timetable outlining the project schedule. Failure to do so by the Recipient maybe considered a default under this agreement. 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement maybe extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. This agreement will become null and void if the project described in Section 3 drops out of the Johnson County Council of Governments current Transportation Improvement Program (TIP) or the approved current DOT Statewide Transportation Improvement Program (STIP) prior to authorization of Federal funds. 14. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 15. It is the intent of both parties that no third party beneficiaries be created by this agreement. 16. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 17. This agreement is not assignable without the prior written consent of the DOT. 18. If the project described in Section 3 of this agreement crosses a DOT primary ~° road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing; fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this project's purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 19. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal-aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 20. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient fortheproject maybe eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 21. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. In addition, the Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shall be construed as approval of any required permit from DOT. 22. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 23. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 24. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal maybe in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 25. The recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 26. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 27. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 28. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than ten percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 29. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish three sets of "as-built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 30. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 31. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 32. This agreement maybe declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 33. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 34. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 35. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to IAC 679A (2003). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 36. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision maybe considered a default of this agreement. 37. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the IAC 216 (2003). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies ofproject letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. Additionally, for projects where Federal highway funds or Federal non-highway funds are used to match the project, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used. The Recipient shall comply with all requirements for use of said funds as outlined in Exhibit C. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. This agreement as set forth in sections 1 through 40 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS VVHEItEOF, each of the parties hereto leas executed Agreement Number 2011-NRT-004 as of the date shown opposite its signahlre below. RECIPIENT: City of Iowa Gify ~ Date: Aug»~r i 7 , 2010 V Title: _ Mayor I, Marian R. Karr ,certify that I am City Clerk of Iowa City ,and that 1~atthew J Hayek ~ who signed said Agreement for and on behalf of the city of Iowa city was duly authorized to execute the same by virtue of a forn3al Resolution duly passed and adopted by e ity Council , on the 7th day of August , 2010. Signed: ~ ~iu._ ~• 7~~~Date: August 17 , 2010 Address: Towa City Iowa 57240 -- Apptarrod ey ,~t,~,,,, 94~i~a,/ Cliy Attomsy's. Office g y /i ~ IOVUA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lizacol ay, Ames, Iowa 50010 Date ~"~ Z ~ > 20 i 0 By: Stuart . An erson Director Offzce of Systems Planning Exhibit A Project activities or costs eligible for NRT funding include only the following: a. Development of urban trail linkages near homes and workplaces. b. Maintenance of existing recreational trails, including the grooming and maintenance of trails across snow. Restoration of areas damaged by usage of recreational trails and back country terrain. d. Development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee. Provision of features which facilitate the access and use of trails by persons with disabilities. f. Acquisition of easements for trails, or for trail corridors identified in a state trail plan. g. Acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means. h. Construction of new trails on state, county, municipal, or private lands, where recreational need for such construction is shown. i. Only as otherwise permissible, and where necessary and required by a state Comprehensive Outdoor Recreational plan, construction is approved by the administering agency of the state, and the federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the federal agency with all applicable laws, including the National Environmental Policy Act (42 United States Code 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 United States Code 1600 et seq.), and the Federal Land Policy and Management Act (42 United States Code 1701 et seq.). Exhibit B Activities or costs ineligible for NRT funding include but are not limited to the following: a. Condemnation of any kind of interest in property. b. Construction of any recreational trail on National Forest System land for motorized uses unless such lands: 1) have been allocated for uses other than wilderness by an approved forest land and resource management plan or have been released to uses other than wilderness by an act of Congress, and 2) such construction is otherwise consistent with the management direction in such approved land and resource management plan. Construction of any recreational trail on Bureau of Land Management land for motorized uses unless such lands: 1) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an act of Congress, and 2) such construction is otherwise consistent with the management direction in such approved management plan. d. Upgrading, expanding or otherwise facilitating motorized use or access to trails predominantly used bynon-motorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred. Exhibit C Standard Provisions for use of Federal-Aid Since this project is to be financed in part with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, sub-recipients and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. While no specific commitment or numeric goal has been established for this project, the Recipient is encouraged in accordance with Title 49, Code of Federal Regulations -Part 26 (49 CFR 26), to make a good faith effort to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 2. The Recipient must receive notice of FHWA authorization from the DOT before beginning any work for which federal-aid reimbursement will be requested. The cost of work, occurring prior to securing FHWA authorization, will not be reimbursed with federal-aid funds. The Recipient must contact the DOT to obtain the procedures necessary to secure FHWA authorization. 3. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location design approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. If farmland is to be acquired, whether for use as project right of way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (MRCS). 4. The Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. 5. The Recipient shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DOT, etc. 6. General requirements and covenants (Division 11) of the DOT's standard specifications shall apply to all projects let at the DOT. 7. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review and authorization to let the project. 8. The project shall be constructed under the DOT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the DOT. 9. The Recipient shall comply with the procedures and responsibilities for materials testing and construction inspection according to the DOT's Instructional Memorandums (I.M.'s). The DOT will bill the Recipient for testing services according to its normal policy. 10. If Federal-aid is requested for in-house engineering services, the Recipient will follow the procedure outlined by the DOT. The Recipient, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 -Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 11. If Federal-aid is requested for preliminary and/or construction engineering costs, the Recipient will select a consultant(s) in accordance with the DOT's consultant selection process. 12. The Recipient and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 -Administration of Negotiated Contracts (23 CFR 172). This is required only if the Recipient uses federal funds for engineering services. 13. After the contents of the consultant contract have been mutually approved, the Recipient shall execute the contract and forward the same to the DOT for authorization only if federal funds are used for engineering services. 14. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right of way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-aid Project Agreement is executed, the Recipient will repay to the DOT an amount equal to the amount of Federal funds made available for such engineering. 15. The Recipient shall forward aFederal-aid Project Development Certification and final PS&E to the DOT. Following FHWA's authorization, the DOT will advertise the project for letting and furnish the Recipient with a sample letting package. As a condition for the DOT to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 384.102. 16. Procurement procedures shall be as follows unless some other method is considered to be cost effective (such as the use of Recipient local forces), is proposed by the Recipient, and is approved by the DOT. A. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more (in aggregate) than $25,000 for cities and $50,000 for counties. If small purchase procedures are used, price or rate quotations will be obtained from an adequate number of qualified sources. B. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed-price (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. C. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either affixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. D. Procurement bynon-competitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Procurement by non-competitive proposals maybe used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the circumstances noted in Title 49 Code of Federal Regulations -Part 18.36 Procurement. The Recipient shall notify the DOT of the procurement method it intends to use. If procurement method "C" or "D" above is selected, the Recipient shall include justification for its selection and obtain approval from the DOT. 17. For contracts let to sealed bid, the letting shall be conducted by the DOT's Office of Contracts unless specifically requested and approved otherwise by the parties hereto. 18. If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise for bidders ten working days before the letting, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after the letting. If the Recipient is not a political subdivision of the State of Iowa, the Recipient shall comply with the applicable laws, administrative rules and procedures for public purchasing and contracting as applicable to political subdivisions of the State of Iowa. 19. When let by the DOT, the DOT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DOT will mail three (3) originals of the unexecuted contract(s) to the Recipient. 20. The Recipient shall take action to award the contract or reject all bids. Following award of the contract and signature by the lowest responsive bidder, the Recipient shall forward to the DOT two (2) copies of the fully executed contract, two (2) copies of the performance bond and two (2) copies of the certificate of insurance. 21. If Federal-aid is requested for force account construction, the Recipient will follow the procedure outlined by the DOT. 22. The Recipient shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1601, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Title 49 Code of Federal Regulations -Parts 660 and 661 regarding "Buy America" provisions on the procurement of foreign products and materials. 23. The Recipient shall assure that all contracts entered in furtherance of this project shall contain the following provisions: a. Contain notice of awarding agency requirements and regulations pertaining to reporting. b. Contain a provision allowing access by the DOT, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives to any records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. c. Contain a provision requiring retention of all required records for three years after the contracting agency makes final payments and all other pending matters are closed. d. Contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). e. All contracts for construction or repair shall require compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). f. If the project is within aFederal-aid highway right of way and is in excess of $2,000, the contract shall require compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). g. Construction contracts in excess of $2,000 and other contracts in excess of $2,500 which involve the employment of mechanics or laborers, shall require compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR part 5). h. If the contract is for more that $10,000, it shall provide for termination for cause and for convenience by the contracting agency, including the manner by which it will be effected and the basis for settlement. i. Construction contracts in excess of $10,000 shall require compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). j. If the contract is for more than $100,000, it shall contain administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. It also requires compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 24. The DOT will prepare the Federal-aid Project Agreement and submit it for FHWA approval and obligation of Federal-aid funds. 25. If the project right of way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-aid project agreement is executed, the Recipient will repay the sum or sums of Federal funds in the right of way to the DOT. 26. If this agreement is to fund the Historical Preservation of a structure, the Recipient shall preserve the architectural, historical and cultural integrity of the structure by maintaining and repairing the property in compliance with "The Secretary of the Interior's Standards for Rehabilitating Historical Buildings". No alterations shall be made to the existing structure without first obtaining the written consent of the State Historical Society of Iowa (State Historic Preservation Officer). 27. If the Recipient, within the next twenty (20) years after project completion, decides to sell the structure to a private party, or it is now under private ownership, the Recipient shall: A. Execute a recordable document for preserving the historical and architectural integrity for twenty (20) years from the date of receipt of public funds; or B. Repay the State of Iowa all the funds received by the Recipient. 28. If the Recipient elects to levy special assessments as a means of raising the local share of the total project costs, the Recipient shall reimburse the DOT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The Recipient agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the Recipient) from special assessments levied for this project exceed the local share of the total project costs, the Recipient shall refund to the DOT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of excess) within sixty (60) days of the receipt of any special assessment payments. The Recipient shall notify the DOT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment, and notify the DOT when all special assessments have been satisfied. The DOT shall credit reimbursement billings to the FHWA in the amount of refunds received from the Recipient. M-~ 13 Prepared by: Tammy Neumann, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5210 RESOLUTION NO. 10-375 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to improve the park at the Terry Trueblood Recreation Area; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Terry Trueblood Recreation Area Phase Two Improvements; and WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services with Snyder and Associates Professional Engineers to provide said services; and WHEREAS, Snyder and Associates Professional Engineers has developed the master plan for this park and was also hired to do Phase One of the park improvements. WHEREAS, it is in the public interest to enter into said Consultant Agreement with Snyder and Associates Professional Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. Passed and approved this 17th day of August , 2010 /~~1 MAYOR ATTEST: ~~->;~-mac.-1 CITY LERK Approved by 'may Attorney's Office g. ~ ~ I I parksrec/res/trueblood phasell-snyder.doc Resolution No. 10-375 Page 2 It was moved by GTright and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x x x X Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc CONSULTANT AGREEMENT Au ust THIS AGREEMENT, made and entered into this i 7th day of ,~y, 2010, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City seeks to retain Consultant to prepare plans and specifications and perform construction period services for Phase 2 Construction at Terry Trueblood Recreation Area. Said project area is more fully illustrated in the drawing attached to and made part of this agreement. (See exhibit B attached) and WHEREAS, Consultant wishes to provide these services to the City. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. FINAL DESIGN 1. The Consultant will provide project administration including project and personnel scheduling, coordination, review with the City, planning, and adjustment as required. 2. Utilizing the master plan design, prepare final design for the Phase 2 Improvements. Improvements shall include: 1) north access drive, 2) cul-de-sac with parking, 3) boat trailer parking, 4) boat ramp, 5) marina facility and shelter, 6) utilities, and 7) seeding. 3. Conduct a meeting with the City to present the final design. 4. Receive input and direction from the City. 5. Refine final design based upon comments and input received. 6. Prepare an opinion of probable construction cost for the improvements. 7. Conduct a meeting with the City to present the final site plan and updated cost opinion. B. CONSTRUCTION DOCUMENTS 1. Upon receiving approval from the City, for the final design, the consultant shall prepare construction documents. Improvements shall include demolition plan, dimension plan, grading plan, Storm Water Pollution Prevention Plan, architecture plans, electrical plans, and construction details. 2. Prepare technical specifications, advertisements, bidding information, contracts, and manual. 3. Prepare a final opinion of probable construction costs for Phase 2 construction. 4. Provide bidding assistance and review bids for one bid letting with recommendations. 5. Meetings and coordination: To attend two (2) meetings with the City during the preparation of construction documents. 6. Plan drawings and technical specifications will be provided to the City for project review and approval. 7. Plans will also be provided to contractors for bidding purposes and construction. -2- C. CONSTRUCTION ADMINISTRATION /PERIODIC OBSERVATION The Consultant shall provide construction administration for the Phase 2 project, including preparation of pay applications and review shop drawings for the Consultant's Scope of Work. a. Construction staking will be the contractor's responsibility and included in the quote for bids. b. Conduct apre-construction meeting with the City and contractor. c. Periodic Site Observation -The Consultant shall make periodic visits to the construction site to (a) observe the progress and (b) determine if the results of the construction work substantially conform to the drawings and specifications in the Construction Contract. d. Keep a record or log during site visitation of Contractor's activities and construction. e. Notification of Non-conformance -The Consultant shall notify the City of known work which does not conform to the Construction Contract, make recommendations to the City for the correction of non-conforming work, and at the request of the City, see that these recommendations are implemented by the Contractor. f. The Consultant shall provide one site review of the substantially completed construction and prepare a punchlist of items for approval and completion. Record documents of the completed installation will be delivered to the City upon acceptance of the project. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Project Work Schedule (based on receiving a notice to proceed by mid November): 1. Construction Documents Completed August 26, 2010 2. Bids Received October 19, 2010 3. Construction Complete July 31, 2011 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -3- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. .Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -4- O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Professional Fee 1. Final Design $32,000 2. Construction Documents $37,500 3. Construction Services 28 000 Total Phase 2 Professional Fee $97,500 ADDITIONAL SERVICES The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional Services may include, but are not limited to expanding the scope of the project and work to be completed; extending the time to complete the project through no fault of the Consultant; or requesting additional work items. Other possible Additional Services include construction staking, additional meetings, Iowa DOT permits and fees. Upon initiation of Additional Services, the Consultant will submit, in writing to the City, the estimated costs. Such costs will be based on the current hourly rates and fixed expenses. (See Exhibit A) V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Manor FOR THE CONSULTANT Title: ,~if-~cfC~r Date: a„g~„G"t i~, ~nin IJ / ATTEST: / ~I ~~~.~, _ 9~ ~S~'~l/1/ City Clerk Date: 08/off//d App, oved by: ~T c~ ~ 1e e r % ~.. t~,,~ City Aff ttorney's Office ~II~~I~ Date //~ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of July, 2010, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Snyder & Associates, Inc., of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City seeks to retain nsultant to prepare plans and specifications and perform construction period services for Phase Construction at Terry Trueblood Recreation Area. Said project area is more fully illustrated in the draw g attached to and made part of this agreement. (See exhibit B attached) and WHEREAS, Consultant wishes to provid these services to the City. NOW THEREFORE, it is agreed by and b een the parties heret that the City does now contract with the Consultant to provide services as set fo h herein. I. SCOPE OF SERVICES Consultant agrees to perform the following se ices for the Ci ,and to do so in a timely and satisfactory manner. A. FINAL DESIGN 1. The Consultant will provide project d mistration including project and personnel scheduling, coordination, review wit e City, planning, and adjustment as required. 2. Utilizing the master plan design, pr are final design for the Phase 2 Improvements. Improvements shall include: 1) no h ccess drive, 2) cul-de-sac with parking, 3) boat trailer parking, 4) boat ramp, 5) grin facility and shelter, 6) utilities, and 7) seeding. 3. Conduct a meeting with the Ci to pre ent the final design. 4. Receive input and direction fr m the Ci 5. Refine final design based u on comme sand input received. 6. Prepare an opinion of pro ble construct n cost for the improvements. 7. Conduct a meeting with t e City to presen the final site plan and updated cost opinion. B. CONSTRUCTION DOCUMEZNTS 1. Upon receiving appr val from the City, for the final design, the consultant shall prepare construction docu ents. Improvements shall in Jude demolition plan, dimension plan, grading plan, Storm Water Pollution Prevention Ian, architecture plans, electrical plans, and construction~cletails. 2. Prepare technic~l specifications, advertisements, 'dding information, contracts, and manual. 3. Prepare a fin~(,opinion of probable construction cost for Phase 2 construction. 4. Provide bidding assistance and review bids for one bi letting with recommendations. 5. Meetings anal coordination: To attend two (2) meetings ith the City during the preparation of construction documents. 6. Plan drawings and technical specifications will be provided to the City for project review and approval. 7. Plans will also be provided to contractors for bidding purposes and construction. -2- C. CONSTRUCTION ADMINISTRATION /PERIODIC OBSERVATION The Consultant shall provide construction administration for the Phase 2 project, including preparation of pay applications and review shop drawings for the Consultant's Scope of Work. a. Construction staking will be the contractor's responsibility and included in the quote for bids. b. Conduct apre- struction meeting with the City and contractor. c. Periodic Site bservation -The Consultant shall make periodic visits to the construction sit to (a) observe the grog- ss and (b) determine if the results of the constructi n work substantially con orm to the drawings and specifications in e Construction Contrac d. Keep a record or I g during site visitation f Contractor's activities and construction. e. Notification of Non-c nformance - The C sultant shall notify the City of known work which do snot conform to th Construction Contract, make recommendations tot City for the Corr ction of non-conforming work, and at the request of the Ci ,see that thes recommendations are implemented by the Contractor. f. The Consultant shall pro 'de one sit review of the substantially completed construction and prepare punchli of items for approval and completion. Record documents of the c mple d installation will be delivered to the City upon acceptance of the proj ct. II. TIME OF COMPLETION The Consultant shall complete the following phase~of the oject in accordance with the schedule shown. Project Work Schedule (based on receiving a;hotice to proce d by mid November): 1. Construction Documents Completed; ~ Au ust 26, 2010 2. Bids Received Oct ber 19, 2010 3. Construction Complete July 1, 2011 III. GENERAL TERMS A. The Consultant shall. not commit any of the following em loyment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual becaus of their race, color, religion, sex, nati~inal origin, disability, age, marital status, gen er identity, or sexual 2. To di riminate against any individual in terms, conditions, or privileges of empl yment because of their race, color, religion, sex, national origin, disability, age,; marital status, gender identity, or sexual orientation. B. Should the pity terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -3- C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right toy such assistance as may be required for the performance of the Project. E. It is agreed by the City that all r ords and files ertaining to information needed by the Consultant for the project shall available by sa' City upon reasonable request to the Consultant. The City agrees to urnish all reasons le assistance in the use of these records and files. F. It is further agreed that no Party o this Agreements all perform contrary to any state, federal, or local law or any of th ordinances of the ity of Iowa City, Iowa. G. At the request of the City, the C nsultant shall atte meetings of the City Council relative to the work set forth in this Agre ment. Any reque is made by the City shall be given with reasonable notice to the Consult nt to assure att ndance. H. The Consultant agrees to furnish, upon termin ion of this Agreement and upon demand by the City, copies of all basic not sand sket hes, charts, computations, and any other data prepared or obtained by the onsultan pursuant to this Agreement without cost, and without restrictions or limitation as o the u e relative to specific projects covered under this Agreement. In such event, the Cons Itant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all ports, specifications, and drawings, with the seal of a professional engineer affixed the et or such seal as required by Iowa law. The City agrees to tender the C nsulta tall fees in a timely manner, excepting, however, that failure of the Consultant t satisfact rily perform in accordance with this Agreement shall constitute grounds fort City to wi hold payment of the amount sufficient to properly complete the Proje tin accordan a with this Agreement. K. Should any section of thi Agreement be fo d invalid, it is agreed that the remaining portion shall be deeme severable from the i valid portion and continue in full force and effect. L. Original contract dra ings shall become the prop rty of the City. The Consultant shall be allowed to keep my ar reproducible copies for the onsultant's own filing use. M. Fees paid for sec,~ring approval of authorities having j~sdiction over the Project will be paid by the City.;/ ~' N. Upon signing tYiis agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and ce fies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -4- O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Professional Fee 1. Final Design $32,000 2. Construction Documents $37,500 3. Construction Services 28 000 Total Phase 2 Professional Fee ('$97,500 ADDITIONAL SERVICES The City may request Additional Services fr Services as outlined. Additional Services scope of the project and work to be compl '~ through no fault of the Consultant; or requ Additional Services include construction sta fees. Upon initiation of Additional Services estimated costs. Such costs will be based c Exhibit A) V. MISCELLANEOUS ~m the Consultant not included i the Scope of ay include, but are not limited to xpanding the ed; extending the time to comple a the project Ming additional work items. Ot r possible <ing, additional meetings, low DOT permits and 'the Consultant will submit,,,rn writing to the City, the ~~ the current hourly rates'and fixed expenses. (See A. All provisions of the Agreement shall be concil in accordance with the generally accepted standards of the Engineering P fes on. B. It is further agreed that there are no other ' nsiderations or monies contingent upon or resulting from the execution of this Agre ~,nt, that it is the entire Agreement, and that no other monies or considerations have b en sdlicited. FOR THE CITY By: Title: Date: ATTEST: R THE CONSULTANT By:~~ ~i _ Title: ~i/"e~r Date:_ 08;~0~//0 Approved by: ;i City Attorn/ey's Office ~~ ~~ (l~, Date '~ ~;S ~~ 14 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-376 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR ANON-COMPETITIVE IOWA JOBS PROGRAM GRANT (A/IVA I-JOBS II) TO MOVE THE NORTH WASTE WATER TREATMENT PLANT. WHEREAS, the City has been awarded a $2 million dollar non-competitive Iowa Jobs Program (a/k/a I-Jobs II) grant for the project to move the north wastewater treatment plant.to the south wastewater treatment facility; and WHEREAS, the City Council finds that the public interest to sign a grant agreement accepting the funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is authorized to sign a grant agreement for non-competitive Iowa Jobs funds for the project to move the north wastewater treatment center to the south wastewater treatment facility. Passed and approved this 17th day of August, 2010. MAYOR ATTEST: ~~y-t._ CITY LERK s~ ~- ~ ~<Q City Attorney's Office Resolution No. 10-376 Page 2 It was moved by Bailey and seconded by Wi 1 hiirn the Resolution be adopted, and upon roll call there were: AYES: x x ~_ x x ~_ x NAYS: ~ ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ' 15 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-377 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR A PORTION OF RIVERSIDE DRIVE IN IOWA CITY, IOWA. WHEREAS, University owns property known as Art Building West located at the southwest intersection of Riverside Drive and River Street located within Iowa City, Iowa; and WHEREAS, Art Building West is located within the flood plain of the Iowa River and has previously received significant building damage from previous flooding events; and WHEREAS, University desires to protect Art Building West from future flooding events; and WHEREAS, University desires to provide for the installation of a flood protection wall during flood emergencies to protect Art Building West from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection wall, University desires to reconstruct the sidewalks along Riverside Drive adjacent to Art Building West in order to structurally accommodate the flood protection wall; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right-of- way; and WHEREAS, the Department of Public Works finds the use of a portion of the Riverside Drive right-of-way for placement of a flood protection wall during flood emergencies to be a minimal intrusion into the public right-of-way, and also finds that it is in the public's interest to allow for the installation of the flood protection wall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and the University of Iowa to use Riverside Drive public right-of-way as set out in said agreement for sidewalk reconstruction and placement of a flood protection wall is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the University of Iowa's expense. Passed and approved this 17th day of August , 2010. MAYOR Ap roved by ATTEST: ~ ~- ,~U.10--i ~~.1'~'~~,~r=~'' °~, CITY CLERK City Attorney's Office 81 I ~ I,p Resolution No. 10-377 Page 2 It was moved by wriQht and seconded by n, ck ns _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~- ~_ ~_ x x ~_ x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc Contact Person: Kimberly Sandberg, Public Works, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; 319-356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR A PORTION OF RIVERSIDE DRIVE IN IOWA CITY, IOWA. This Agreement is made by and between the University of Iowa (hereinafter referred to as "University'? and the City of Iowa City, Iowa, a municipal corporation, (hereinafter referred to as "City'. WHEREAS, University owns property known as Art Building West located at the southwest intersection of Riverside Drive and River Street located within Iowa City, Iowa; and WHEREAS, Art Building West is located within the flood plain of the Iowa River and has previously received significant building damage from previous flooding events; and WHEREAS, University desires to protect Art Building West from future flooding events; and WHEREAS, University desires to provide for the installation of a flood protection wall during flood emergencies to protect Art Building West from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection wall, University desires to reconstruct the sidewalks along Riverside Drive adjacent to Art Building West in order to structurally accommodate the flood protection wall; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works finds the use of a portion of the Riverside Drive right-of-way for placement of a flood protection wall during flood emergencies to be a minimal intrusion into the public right-of-way, and also finds that it is in the public's interest to allow for the installation of the flood protection wall. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES SET FORTH BELOW, THE UNIVERSITY AND CITY AGREE AS FOLLOWS: In consideration of University's promises herein, City agrees to permit University to reconstruct the existing sidewalk and to maintain said sidewalk to provide for the potential installation of a flood protection wall as a temporary use of the Riverside Drive public right- of-way, and to reconstruct infrastructure utilities located within the Riverside Drive right of- way which are necessary to accommodate the flood protection system. In addition, City agrees to permit University to install, locate, and maintain a flood protection wall, if the Iowa River conditions present a threat of flood damage to Art Building West, as a temporary use of the Riverside Drive public right-of-way. The temporary uses shall conform to Attachment A, attached hereto and incorporated herein by this reference. 2. University agrees to submit construction plans and specifications for the reconstructed sidewalk, the flood protection wall, and the utility infrastructure reconstruction to the City for review and approval prior to any construction or reconstruction, the design and construction of which shall be in accordance with the specifications and requirements of the City, together with all applicable City regulations and ordinances. University further agrees to use, manage, and maintain the area utilized as depicted in Attachment A in compliance with the City approved construction plans, together with all applicable City regulations and ordinances. In addition, any changes to the approved plans, must first receive prior approval from the City. The City does not warrant and/or certify the effectiveness of the flood protection wall. 3. In consideration of the City's permission herein, during construction, UI agrees to secure the construction site against pedestrian and vehicular traffic by providing adequate traffic control and by providing adequate signage, and other steps necessary to ensure public safety and a safe construction site. 4. UI agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians and vehicles through or around the closure areas approved by the City during construction. b. Provide advance warning. c. Provide for the orderly and predictable movement of pedestrian and vehicular traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 5. After the construction is complete, UI agrees to restore any and all a portion of the right-of- way area, to the City's complete satisfaction, at UI's expense. 6. It shall be the University's responsibility to evaluate the existing and proposed sidewalk construction to assure that the integrity of the sidewalk will accommodate and sustain the flood protection wall. 7. If the Iowa River is forecasted to rise to a point in which the University believes there is threat of damage to Art Building West and University therefore desires to erect the flood protection wall, University shall first notify the City and receive consent from the City, prior to commencement of installation, of its intentions to install the flood protection wall. 8. At such times when the flood protection wall is installed, University agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians through or around the flood protection wall. b. Provide advance warning. c. Provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. All signage shall be in`accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 9. University agrees to remove the reconstructed sidewalk and/or flood protection wall from City right-of-way on Riverside Drive when any one of the following events occurs: a) Within 30 calendar days after the City gives written notice of removal to the University. b) The use of the property changes and the area of the property described in Attachment A is no longer needed or appropriate, as determined by the City in its reasonable discretion. If University fails to remove the reconstructed sidewalk and/or flood protection wall from the Riverside Drive right -of-way as required, the City may remove the reconstructed sidewalk and/or flood protection wall, and the cost thereof shall be billed to University for payment to City. 10. University agrees to maintain the reconstructed sidewalk and/or flood protection wall in good and reasonable repair, and minimize unreasonable safety hazards to passing pedestrian traffic, including but not limited to, trip hazards to pedestrian traffic. 11. In the event the reconstructed sidewalk is ever replaced for any reason, University agrees to replace it according to the requirements and approval set forth in Paragraph Two (2) above. 12. University agrees that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of reconstructed sidewalk and/or flood protection wall, City is not responsible for the restoration of, replacement, or payment of damages for said reconstructed sidewalk and/or flood protection wall, and it shall be the University's burden to restore the reconstructed sidewalk and/or flood protection wall at their expense if they choose. 13. University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising from University's use of the Riverside Drive right-of-way hereunder to the full extent permitted by Chapter 669, Code of Iowa (2009) including any claims arising from flood damages to surrounding properties. Provided, however, that the University shall not be responsible, indemnify, or hold City harmless for damage resulting from the City's negligence. 14. University acknowledges and agrees than no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of- way for private purposes; and notwithstanding Paragraph Nine (9), that the City may order said reconstructed sidewalk and/or flood protection wall removed at any time if, for any reason, the Public Works Director determines that the property upon which the reconstructed sidewalk and/or flood protection wall are located is needed for public use and/or should be cleared of any and all obstructions. 15. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 16. This Agreement for Temporary Use of Public Right-of-Way shall be recorded in the Johnson County Recorder's Office at University's expense. Dated this 17th day of _~.g>> ~ * , 2010. CITY OF IOWA CITY, IOWA gy: i~n . ~ Matthew J. Hayek, Mayor "~ ~ Attest: ~i~-r~A~~ ~- 5'~" Maria K. Karr, City Clerk Approved by: City Attorney's Office g(l~ (ice UNIVE ~ OF IO' A By: o e ollins, usiness Manager CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) ~ 1, On this l7 - day of ~c~~us~- , 2010, before me, ~n~ r ~~ r~ r~ , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal afFxed 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 Resolution No. / a - 3 ~~ ? passed by the City Council on the ~ day of ~ui3us~ , 2010, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o~q~s SONDRAE FORT S~„~~ ~~r`-'6 _ ~ Commission Number 159791 Nota Public in and for the State of Iowa My Commission Facpires ry iow :3 an l3 My Commission expires: _I? ~~a / ~ UNIVERSITY OF IOWA ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 1 On this ~ day of ~ 2010, before me, the undersigned, a Notary Public in and for said Counter, in said State, personally appeared George Hollins, to me personally known, and, who, being by me duly sworn, did say that he is the University Business Manager; that he has authority to act and is acting on behalf of the University of Iowa, as provided by the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. ~PEt1A(s CArHY.I, ~'QUNfi~-i~l o ~y Commission Number 750256 ~ * My Commission Expires ioWp December 10, 2010 Publi ' lsahd for the State of Iowa My commission expires: ~~ /a °ro n ^ 5 ~ N ~ c `y. ~I' 1 iii' ° ~~a`~a '4y>.. ~ ~I 1 ! °~ $s°€a 1.-.-~r~. 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Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 1 ~-378 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY IMPROVEMENTS PROJECT. WHEREAS, Apex Construction Company of Iowa City, Iowa has submitted the lowest responsible bid of $136,000.00 for construction of the above-named project. 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 Apex Construction Company, 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. The Director of Parks & Recreation is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 17th day of August , 20 10 ~!.~.a ~ MAYOR ATTEST: ~ -__=~~~ CITY LERK Approved by :f~-~-~ City Attorney's Office g ~3I~~ It was moved by Wright and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X ~- ~_ ~_ _~ ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ~~ pweng\resWwrdcontract-ParksMai ntFacilityl mp.doc 8110 ,'~~' t~ NOTICE TO BIDDERS PARKS DEPARTMENT MAINTENANCE FACILITY IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 12th day of August, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids sub- mitted 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 17th day of August, 2010, or at a special meeting called for that purpose. The Project will involve the following: The Project involves removal of existing south bearing wall and footings, installation of new footings and poured in place concrete bearing/retaining wall at new higher elevation. Project involves new wood roof trusses for south slope of building and new standing seam metal panel roof on entire building. Minor grading, electrical, plumbing and re-siding work required. Alternate Bids include installing insulation for new roofing system and installation of new overhead doors. There will be a pre-bid meeting onsite at 10:30 a.m. on Thursday, July 29th, 2010. This will be held at the Parks Department Maintenance Facility at 200 East Park Road. Parking available neighboring the site. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, 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 two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: November 5, 2010 Liquidated Damages: $250 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 VJ Engineering, Coralville, Iowa, by bona fide bidders. A $30.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to VJ Engineering, 2570 Holiday Road, Coralville, Iowa 52241, 319-338-4939. 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 Pweng/Notice To Bidders/NTB-ParksMaintlmprovements.doc is Prepared by: Kumi Moms, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHO ING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PARKS DEPARTMENT AINTENANCE FACILITY IMPk2OVEMENTS PROJECT. WHEREAS, responsible bid o NOW, THEREFORE, CITY, IOWA, THAT: of for construction of the a IT RESOLVED BY THE CI 1. The contract for the construction of the cove-named project is hereby awarded to subject to the condition that awardee secure adequate performance an payment bond, ' surance certificates, and contract compliance program statements. 2. The Mayor is hereby authorize to si n and the City Clerk to attest the contract for construction of the above-named ro' ct, subject to the condition that awardee secure adequate performance and payment ond, insurance certificates, and contract compliance program statements. 3. The Director of Parks & Recreati is auth rized to execute change orders as they may become necessary in the constru tion of the a ove-named project. Passed and approved this ay of , 20 MAYOR Approv d by ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES: there were: ' has submitted the lowest e-named project. COUNCIL OF THE CITY OF IOWA City Attorney`s Office and seconded by \ the Resolution be NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng\res\awrdcontract-ParksMa intFacilitylm p.doc 8/10 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 10-379 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.136 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on September 23, 2010. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until September 23, 2010 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 10-379 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 17th day of Aug~Gr , 2010. ATTEST: Qirt~2~2 ~ City Jerk A Mayor Approved by City Attorney/s Office It was moved by R?; i ~, and seconded by Wri;;ht the Resolution be adopted, and upon roll call there was: AYES: -~ x x _~_ ~_ ~- x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright sue\Ord&ResW bateRes.doc Properties To Be Assessed -July 2010 (Part 2) Page 1 of 1 CITY OF IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP Property Address Legal Description Parcel Number Appraised Value Property Owner Service(s) Rendered Date of Service(s) Cost of Service Invoice # Balance Outstanding 808 E DAVENPORT ST 20638 5 IOWA CITY (ORIGINAL TOWN) 1010182009 $125,940.00 ROGERS, THOMAS N R SNOW REMOVAL 12/29/200 $195.00 15539 $195.00 E 40' OF S 60' LOT 5 BLK 8 ROGERS, MAUREEN E DELANEY ~ r 1 ~~-~ ~"~~ ~®~~~ ~~ CITY OF IOWA CITY 4t0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3191 356-5009 FAX www.lcgov.org October 8, 2010 ~.v Johnson County Treasurer Attn: Carol Vance 913 S Dubuque St Iowa City, IA 52244 Re: Property: Parcel #: Amount Liened Dear Carol, Per our phone conversation: 808 E Davenport St 1010182009 $195.00 - ~v c ; - I _-_° .~ c~: - ` . --z ~ . ~ c:,a : . _' . z-; We had sent you a special assessment for 808 E Davenport St back on September 24'~~ 2010 for $195.00. The assessment for $195.00 should not have ever been assessed. The property owner had made the payment prior to the due date and before the file was sent to you. It wasn't until now that the error was found. Please remove the $195.00 lien and any associated fees. Please call me at (319) 356-5083 if you have any questions or need any further information. Sinc Ju to Armatis Senior Accountant i i 0 a v N (D .` X VV Q~ O O N a J O W >~ O Z W \ Z W W ~ ~Z W J _O Z O F- w as W W U O ~ ~ Q m ~ ~~ 0 rn v m 0 ro Y m m N ~ r Z O O ~ o w ~ ~ Q ~ U LL O - ~ ~ W O J Z W Q O W ro O W ~ ~ r -... ®~~ -.•~.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 JUIy 2, 2010 (319) 356-5009 FAX www.lcgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on July 12, 2010 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks ,office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. 17 / ' ~ ,,,~ ~. _m„ jJi ~l~ iR I °~. t ~' Tom..-... __......___.....___ - CITY OF IDW'A CITY ~E~O-h;Al~TD~TM To: City Council From: Jann Ream Date: 8!11!2010 Re: snow removal assessments Attached is information concerning snow removal invoices far 808 E. Davenpor# Street and the Willowbrooke Condominiums. The 808 E. Davenport information packet includes correspondence between the property manager and myself, a log of the inspector's activities and pictures taken by the snow removal contractor. The correspondence also includes letters from last year about the notification process itself. The Willowbrroke Condominium information packet contains the inspector's activity log and a photo taken by the contractor after clearing. Unfortunately, there is na "before" photo. This was the first year we asked the contractor to take before and after photographs (to help with verifying appeals) and depending on the employee, they did not always remember to take the "before" photo. Over the years we have had complaints about snow removal at this sidewalk and I had personally spoken to the condo association's president about the problem, Her concern has been that they clear it and then the City snow plows dump snow back on the sidewalk and so they spend many hundreds of dollars removing snow plow snow. I explained to her that they were not responsible far removing snow plow snow but they were responsible for removing any natural accumulation of snow. All of the inspectors who go out on snow complaints are aware that the City cannot require the removal snow plow snow. Because there had been questions about snow plow snow on this sidewalk, l made a note for the inspector to make the determination on the initial inspection. On the snow removal in question, the inspector made the determination that it looked like they had initially cleared the snow (including same snow that may have been deposited by the plows) but that it had drifted back in. We determined this to be "natural" accumulation. Because this was the 2"d verified violation for the season, no additional notice was sent and we contracted to have the snow cleared. The length of the sidewalk is approximately 640ft long which helps to explain the amount of the removal invoice. Q 07 .. c~ C ~ O ~ ~ v c 2 ~ N o J 1 0 0 U ~ .. 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He apJar'erit l v~ u i d ri~'t ~e i e',~e rre and '.ti~ent ant'ad drld '(11(:/JSE?d t!l?$ CI'lar~~e. i cii~ not: k:r,r~w th:~t tY(~= ~`.ha•,ge hacl t;.:en ir~po~~^d urrt:l i~J;,rt.h; dater y~rJ;r.~ I ~'~'_~'iv~~d nutice fr'cm the cldner I QF}jeGT_ ti) a."" Char'i~t"~ iJS i '%7~. ~1VF'n '.ITS (±C'U~?~c:in atiH I li;rl d!'t1 a t ii:}:?': wc7`: I a'so ;~1.:~~2ct and heiizve %hat th~ f~- c$ ~;i~;~.Ou is .yr;wurd. I l~'~nal~~ -ike ,~~ t~~r: ar 1?IVC.'~1G2 fr'a(n the `!e1?dGr Or' U.'Or'ker'S ':ti}"Ii; d%`pda •--'.y dl~ t.h!~ 4y+J (~ "115 15 a`i abU:,E- `,i1~ crocess, offer~sil/e, an; not right. in any way -;u ;oar aL it. 1 alTl i C.1??.;t"Y1C n' ~`l15('1i55~~ !:;' ::f ,':~' Char~;!?~. i;l,lr ~-:'.nt'0'1 Lti t}ll~ "7d%L'r 1S dl?pt'e' dted. Fr~siderl~, Crane ~ ",ssocia`es, Inc. ~~~i::na`i~t~, RJ~tir r~ ?~, j1 ~'(1..rt ~5 1 ,~:. r . ~ ~~~x ~; 4 ,e;; r . i:. x~ ~ ", ~-- ~~~ - y ~y .._ ~ i r t, ~d ~~r CJ~' ~i.; t~~rs~ L..~~1 t,tpa nri;:ri~ ~~('h..sin~.. ~.1 ~n>rc13oi3 Sc~ cs ~ 4~ :I7~n.u n s ~ l:.,;;, cii ; , ~"._at! Juhy ?. %01t) :^~tln: Robei-1 Crane ji 1 f, (~ 3:71~,lcrl f,ane lola City. 1.~>, {'''40 i.~ear "vlr c_'rane 1 alt i"eC%~1}?I i)t~ ti{3117- 1" ~~d_ ")tJl~ LOtI: E'1~7111~T 21 ST1!?Vd I'~13]i3y'31 lllb'OIC2 dl ~'O~'".'~ti~ ~'~ ~'.. Caren,?o)1 Sircet" .{be i..I~~ri;7f? p. n,es~ for disl~Ilted sno~;- a~cmu~t]1 intiot~cs is the City Council meeting w}:en tl7e ~issessment to t!~le prop~l-ty is :)n the agenda. ~1'l:r: prop~7ty o'wters are notified as to t;?c hate of than n7utirag. C;rraers~l?y, if a bill is disp~ltid. the City t:"oul?cil ciefcra a~ti~)n iir~ .halt }~,)r,t>erty in t)rc;er for City ~=riff ir> prepilre a r:;l?ort docun?Cnrii7g the process to abate; ihc, violar.icn7. 'i"he: pr;?hc°.l~y i~ thin? c~.iscusscd at tl7c next n?e>/tl;Ig ana Coln?cil eleciile~ it Illc_ racrly ;t.'nu:)vai ch,arcze i<aneh. 1 alrl Ilif;lUd111~ cS)tlle5 (il 111~C, prC VioU~ Jc;tter5 l0 1'_)LI COnCCrilln llie nt~IlliczaJi)n )•?rC)(eSg that t'?Ei t: ii`,,' Uc'S when enforcing the. sidewalk sno~-v ren]o~ al ordinance I~I7ese~ !caters r7ake the prc3eess ~. cry .Tar. Both you" letter and the rotes the iaspecror put in the ease verify that you diet indeed sec hu]7 3t tt;~ s,te al?d you spoke. Hrnxrcvcr, silnl]ly lc~?~'in~ salt ~~'ith the; icr)ant Ita be distrib,)ted dc>vs ~lc)t ~)brite the ~~iolation. `(1-~e salt must be used and tl?e snow' ~~Icared. Sntnv n7u~t Le cle.?rid 2~ hcaurs atii;r a sl?o~~'l~~ill sto}7s. ~l`he E?ropcrt,~ wt ~ r,ri!~inally it?ggci) on ~ ~ ~ ' "i)9 anti the inspector did not reinspei t ~u?tit 't? 7n%_'{i l l) because of the {'hristl~la 1?0 ]clry. l'ni; ~v:s arrrl7le 11117 C: (l? i;Ct 11"1C S1=I c'ev 2)lk 41Cai rc:i;. ~1 hL 117s(?CCt(7t ~k aJ A-eT}' COI"I"ecI ]n Sell~illlg a '~-~°Q11C OI"Lj Z'e t0 OUI" COI]t~:1C(Or t0 C1ZFlr the siiletiG a11:. "€`he Vii? ~>~.0{) ct? Il;~""c: ci~n5ists of 3 n<nn 1 , i 1)1~~?r at $ ~{).OU per 1~~?ur {:his gc;racrall}' n7cans there ~~ cry two people <~i the site for 1.5 hours), 3 bapas ol` ice n7elt at $1O.UO per bag anti rl,7~.th") ac?niinlstratlie fee ti'otn tl]e City ie~) 1?ay for the inspector's tin7e and ,11 other adminisira?i~,e I]ctlvities. ~'onsidr~ring the corx!ition ~~i'the side~>r'r?Il<, I do rn>t believe tt)e contrac;tur's prices ~~'erc Gnat ct line. 1 wit; 1)ot disc??;ss ih>rs~ charges. if you ti~~ish t~? pursue this 177atter iurthex, you ~=..il! ha~~~ to appe~il to 117e City Cnun~:.il at ti7e coiirzeil meetin+ ~n'ben tl?e Aral?erty is <]ue t'ca, ~~tiessrnellt. If you i?,:lve furtl?el cuc;~ti~.~ns, pleetsc +~:~>ntaeL rr~e ~l' z)-3~6-~12C), 1'hanl< y~nl, .131') I7 ~ L<' 17 i Od(' l:l?({:ri'irl77c'ilt r'1~~1~1?I7t 3~t:3F~5 `E~~JPJiti ~~~; L.~t~~ ~i-it~#~~ t~i~ jj~ppyy~~~r~gg~jjA{~r~€~.,i88s~jj~ yy a~~M3E-{{~j§; a~~~ 99 ff $ 131H1i BG$39i1r~i3Y ~rr ir~88 T~i8@~8 Ye1YC11E {d 3f rl~~i29~&8158 $84 61LLtN~ C}A7E E3E~li+1N#N4a TU7AU Qh9~'Et^iEaT CU6~f~EN7 f3#L!. 8A#~NC2= ,~pr 20 21.110 195.flii Face .~ of 1 PAYP~fEN7.~ -.~ iCe r~ i`c ~ ~ ' ,T -L J.!! _, - ---- ___L__-------~M.___' i lY 15 2010 195.00 iN1tO1GE P3?EVIOU:.S CIJRREN"Y INVOICE ~ L1ATE INLrt~3CE ~ C}ESCR3~'Ti17N #N1'EREu7 PAYMENTS BALANt",E C6-1AR~ES BALANCE .tan ~a Aviv i~5~~ rrrar ~sarance iy::.vu 145.00 CFiEi.K #icftE POR' Addasx correct#on any cam¢#ete reverse side Gred#t taro ¢ayment and complete reverse sitle II~~I(I~IJ1"'li]~111~i1'liil~El ~~aer#: E~O~ER~ 7NCafJILtS 66 t_r.KE SHtJ3~E C7R E~tST F~L3+P,C?UTH ~ O~S36-d72t7 ------ t~O12~~ May 1 ~ ~Q~ Q 1 ~5.C3O f1r1KE CNECftS Pal`%ASL~ Tt~: i:,17Y" L>~ It)WA ~1T'Y° r H~3~16Yt8 i8~~Ii1YYY Yl6rr$19094i91f rr~57 r8lf111118IBf 38IY!!~~ Ci7'Y ~F iOlr~'A G37`t ~ 3V#iSG ACCTS ~ECEiVA63_E PAYts~ENT }'RC.7CE aS3~3~ [712PAR7ArElUT ;`'.C). BC7?C 10399 13ES ti~i{31NES, IA 50306-fl3H9 4 C7Q[ICIt~~,2591! OClOd OC7C33,~5QL1 DDC~DC~ClC1CiCl 1, ~~.. ~, yam' ~.'!.. Y ^? ... ~ ~,~~ ~ fW` ~'"yr~".-Ml1~ ~~ ,. ~ ~, :..~, L ~~ '~"~ ~~ }' ~ { ~ t .,~ ~~~ ~ F r ~a+rtr7r_til of Iii Is _n fiend u. px:io;~ Sv .1:55 l v t'~5hin 1' t~ reu Ima C 3 i tva Sd~40 ~'ItllCl'11. ?I)~~~ t_~ralTeu:~SiOC]~1It_'S 91i Pti~iaitien L•:n~° 1 ~eclr i'~1 CI a?~:t, f E'.:Tl ;c. ~tl'i Of 't7ur Ie,tt:;l :lrli:,d ~,`t yr~')t)~' %C,1~,~P,2lIlU Ilt~t:fl::~(7C~i'. ?'-'hc:rl s: ()` ti?{'rl:y h.3.:. ~~~Ull CIIZQ 'OI~ r.01 I elI1C#l' il?' ~all:4~ d.lt>IO( lCC. L)]llill:Lllii."r l~ ~ ,x3t U°tll r1~5t ~~ a"•U~e CC hGIiOI l( ui :."C~t tiSI. I~'tl'hUpS aI1 U12C~Pr.`:h:IlllllIl._, UC L: LIT }JC~I,.,~.1 ti,';il lvil? VOLI'.fi1C1l,SI_3'i~~ ~,vh~' IT Cit. ~~~1PIl ,'rt~,Cr,CJi-~ ~ C4r'7~ifa]I2I, ctll 01;37. ,Ci?I" ~C~t/S C)Llt It.) bZ~IAV. f~' t!lf,'.I"0 !S .1 .-1J~3T. C~7 ,, r a ~ 15 ~:, a1 2ji f!lf: ~1"~?~~°"t ~. ~.IdIII~~ tilc", fi;7TaIT~S i311i?Cl.~_ _~~ hC7llT'S t{J : c'ITi(T t'i; If'!E SrlO1S ~FTCi3 U;>~. C17(;•("v l~ 1 is :)~.:.Il 1 ~ i0I trl dI,SCto 1!C ill_ :u f) ,'T1<`3~ 012 {h,. h, '~t3 c%1"fti COr CuL t6ti .,~ I (ICe - l}t C 'ttilTc iS :IOC t~cd ~~~)e 1=_ ilel Si.,21 Cu Cht_ U1~'FICC 1.. 11±)C l.fa; tlli" I1~ it,tt at Ili:: I}I-J~lurtti'. iI 1. 11':51,0;.! ~1 IIUt,~IG.,C10_1 t;l t~li IF'~C}liltC_11GnYS {)f 1~1.", COJ.C, flila l]t,Iiil~.~iU017 C}f I114' iJtil7SChl`.SIL;CS OI \t.,la:lii;1.. U: :hl. G:?de. ll aUC?S i1C~ L,!~ <a~ Ipi)r£: IllTlf~ lc,t- ('077;OVdi SO 1.}1C fL70C IITHI II 1S b`l.tl~_'" I17ilIlOC1 OUt UC S_=itt' rS !]1C012SCC~UeI?Ilili. Please LIIIC.c.:~tt~I:ld 117 s?I Y4 CI-}' t0 r?tl [h~ lr- C'.I~:i OLl( Cilc >~ll?le Cl:?}~~ Ch4:C i. I3C~ lS l::It. }11Sf~~Gl.~1":; ~la;'t' t0 i;r.,~1i.C ~ i,:lac lli OLII' ij<'IC8 ~~dSO i'~'~~t~{'. fl X03 ~r~ C>°S CI:C 1cII~T ~iIiC'., f'CC£iL1JL then ?1T 1}' hav>' .Ilar.-y' I~:,Iters to =~tt7, tin2~ tti;et7nlc,:, sf;oli l1~hu12 ~1 ~?inti, 1~c cas~ 2~ ~n><lur'col2tact ir~i'um2atitm is au~m;aticaily' pu}led ir~_)~n thc. L,~t}' Assessor's ou-llerccrntact ul~t)_~:~atuL. Th,. isl~pe4_or sim}~iy dr,es aot have pie .1;"Ili` IO :;}le:,I<. tC Si.F !`_ !ilc: ?7rQ()el1)~ IS 8 rertCa t1rQ~`e?''4' •31'.x. Chen tr3I"iSfc, ilt <? ~~P'lI li"1~OI"IllaliC)il :.~ the l~ttC"" "1`c~ bring about tfle ri/:sulis ycu _::c ioo},;no r;,-, I bc;iv°ve Yuu t,<.vr• ti~•o optiorl~, }~irst, 1'ctu cou~d collt:ci the (.,:tY ~.SSC'$SC!ru~Il d i`e4tlte~~l tf'c?I "Yi)ilr (]i;C7t13CI III?OI"I1laI"1011 ht li"I t, s3I~IC ;fil C,Oflt1t.:.I 1'1tORt1ilh017 1Y11 dil Ot t}~~ - ]7ru~JSrr21eS ~Oll :nc"111.~G, Tl~c'I ~~~'ei)~ y<!1 ~L'i"?ill~i J':;SSLIILi~ Cllit `3I7y'" tt7[~li ~3.1~I I3:)C11~t,1tt5r1 ~0~1 fl }~ dil"that) tl }'C711. I~iOV:'(\~r this ~~~ouli, <,l:;:l iTC.lud~ :n; t;2iutt s°nt f~ru1T1 ttle~ i aulTy _at.,~l s t~:k :,lUs, ~°:TUr usher opi.cil2, ~~ htll~l ~e it, uhec} :~11 u'~ the i;rot~erties } ;u r"lar:aka '~4 l.c=tlrs ~+fi~,~ a sn~~rfall has stopped I~t n~:l.r sure fl~,:i'. sru',~' has L7e.~n relrloved. You cculli {~„nla~I tide (ell.nts tle~crr: tt1~; C;IC~ ~;~~~IZ kels inti~f,~e ~. li yoil Lave an}~ ues'.ior"s, pf~as=~ c;cn:Iac' rr>>° :, 319_~.b_~ I_'+~ '~~ ,lann l~cam Code Lnfort:enlerlt .=assistant ~../i i ~`~ L~ ~' 7 f ~ l~i','1 ~~ 1 ~ C);,.rn.n~.a of -1 ,.:irg ~,~.~ ~ spv:a~: n ~c.,:c~< i Ii, t~.:,.~. i i a.;n Sir..:. .~?,.a C i ;, !u~,.t~ ti_: to t~l':J71B C~'., iiSS'%iClizrf-€ 9 f~'~?<liclell La,lr Dear J~~T-. t~ratle• ~'i;lli t1S:'~7~~lliellt 1~`It11 LaIL' (U11;1' 4UIii:iial,l~ (1?:' 1~1.1hG21il<?Il `~ 5:1,1}' Y701,.UOi15 1 111114' JIOfeQ. ["lJ(1L-`]I?~}' }il l! 4i't>I~ Ili?t 3~~1e t0 111111e1'5[3_'1:.1 flT~ ~i:Ce1)? t~l% eX111 £i 111t1i)Il +3: 1'L ll.. 1 i~%1tUIC1 r1Q ~Jti ~.~ ~Si ;ilal..x "11c }~IP~~ ~el`l1CS y017 In~lrr<li: were ,.hc,c.~;::tj ~tfi~r ea;.1, ,loo,, tall of 1 inctl nr rri}re tc make Sure t11at t11r SirTe1> a11~s ,h cc c(ulrec, tll~rr ti~.r171d h~! rio is~:ues }x•it}: file tiny !Si ZI15'.'87 (O yJ:.l:' ,.1:1°S:7_?11 -',:~~, VdC C1t~ 1J:1`V t.}le tei?~.11t5 t]., S t.1~ ri5 [~ ~ 1il"~~,tt?t;l~{}' 04' Tt~°r. 1 :1'fi Jr1:;1Utj1'1~ t11 ..9~. C'it .113t;t.'? .~4L1. t.IU:U:11Ell~ll~t~ t11_ ds;tl'Ji15 :i:1iF'_l . 1 .alts alt ttv' ~il!, I:> i11r t!!'!1}~ f111C1~-:~ ~'T~JlJ1 ~t1 ~5C~1tt011 i'pli 1'!11 r"J;_~l`,`t':. ii=1 71;'T?~a/,(,r ,.':3i .il (11e ~r(1(1~,111~ tb ~'i,C ~;i1,1 ".erill,tl i,;@,; , .i;, 1~iCti. ft~t1. iirL(.`. 1~?C 11IrC1 :: CQII:I3C(Cd' IO Iezlr the side',~a11: r.+lcl tl~u:~t' chit ~I : ~~.~ttrk. The an1Ui~:It c 1.~.:<=ed is l:o: ~l 1i_le 1_ ', t!le <;mciuJlt it .?ti~ed to the ~i!y by '.;,.~ CJJih;1CtVT 17115 i? ~.`1(.,t)~) fJl'.71".lll!JtT'till\`e 'rr~c CZ; CO~'F'r i1.C IT- I1 _lille .1P1."1 t,X1 Z-.J+'. i.l_L.~~ ~~~.~ }J"~ ltli`,''..,ltj'. (f~ t1-,e !J1Yt:,li'% 75 riCii ~i71C1, (1 '.,'ill 17e ciSSt~,5~i7 Til tae •~rtl~>ir*t_t' ti...~S ~C~' 411.1^a „7 t71t ';'tV, Iwah~Nc!hC?T] ~ i~ 111>r aSS~S~iL~Tli ~h'111 hr, Beni to t11a rrol7erv o>k~ller. Tfi r,'t?17 ha'.'e «riy J,ul;sticros, please ;c;lt~ct ll~c at 19-X56-~~ 1 ^_:~. Tl;ar~: you, ~Liill; i citri Li?~i: C.11f177;/crrlcll: rjSSlStns'lt 1' 3 ~~~ August io, 2oio /~ ~~.o ~ ~ILE~ AUG 16 2010 Hon. Matt Hayek & Members of City Council c~cy clerk 4io E. Washington St. Icwa Cif, Iowa Iowa City, IA 52240 ~t ~~- Re: Assessment of snow removal fees for Willowbrooke Condominium Association Parcel # 101284021 Dear Mayor Hayek & Members of the City Council: I am the president of the Willowbrooke Condominium Association (which is a volunteer unpaid position). Our Association has been notified that there is a request to assess fees of $475.00 for snow removal regarding the sidewalk along Benton Street in late January of 2010. On behalf of my Association, I am contesting the assessment of these fees for the following reasons: 1. I believe that we have made a diligent effort to keep the sidewalks clear, and it is my understanding that the complaint is that some snow drifted across the sidewalk after it was cleared in late January of 2010. The attachments from the National Climatic Data Center confirm that there was basically no precipitation from the time that we cleared the sidewalks on January 25, 2010, through the next time we cleared the sidewalks on February 1, 2010. 2. If there was sufficient snow on the sidewalk, we have worked with the city throughout the past several years in an effort to go above and beyond the requirements of the city code to keep the sidewalks clear. Specifically, we have asked our snow removal service to come back later in the day to clear the sidewalks because the City snowplows invariably push snow onto the sidewalks after we clear them, particularly on Benton Street where the sidewalk is only a few feet from the street. Our snow removal service is usually at our complex around 5 a.m., and we now have them clear the driveways and our private street then, but they come back later and clean the sidewalks after the City snowplows have cleared Benton Street. Fern Davis is our treasurer and bookkeeper, and she has had ongoing contact with the City over the years. Although I do not expect the City to notify every property owner every time there is a problem, it would seem reasonable for some effort at notification to be performed by the City inspector before simply sending out a crew. This is similar to placing a sticker on a car prior to towing it. Had such a contact been made, then Ms. Davis would have had our snow removal service come back to the complex and had the work performed quicker (and at significantly less cost). I have spoken with members of the City staff who advise that they send one notice a year to a property owner prior to sending out a snow removal crew, and that such a notice was sent in December of 2009. As a technical matter, no such notice was sent out in 2oio prior to sending out the snow removal crew, but I assume that the staff meant one notice is sent out per season. While this is certainly appreciated, I note that acr_ording to the notes on Icgov.org from December i4, 2009, there was no follow-up to ascertain whether the sidewalk was ever cleared after the notice was sent. Many people in our association are retirees, and they tend to be quite observant of issues regarding the property. In fact, Fern Davis is an excellent treasurer in part because she is so attuned to what is occurring on the property. There has been no one who can remember any persons other than our regular snow removal service working at any time on our property. I therefore question the legitimacy of the City's subcontractor who claims that six hours of work were performed, particularly since we had the sidewalks cleaned on January 25, 2010, and then again had the sidewalks cleaned and ice melt applied on February 1, 2oio. 3. Even if there was a need for the City to remove the snow, the costs for this service are unreasonable. The claim is that it took six hours of work and 22 bags of ice melt, at a cost of $475.00, to clean the sidewalk along Benton Street only. I have no idea what the City charges are per bag for ice melt, but that seems like an inordinate amount for a normal sized sidewalk, even if it does extend almost an entire block. As the attached bills indicate, we pay $95.0o per cleaning the sidewalks, which includes not only Benton Street but almost an entire block of the wider sidewalk on Mormon Trek. To pay $475.00 to do less than half the area is completely unreasonable. I believe the City should look closer into the contractors who it hires to do this work as they appear to be gouging the City and its citizens. For all the above reasons, I believe that the assessment of the fees of $475.00 to the Willowbrooke Condominium Association are not appropriate. We have worked with the City, and have worked with our snow removal service, to keep the sidewalks clear. The Benton Street sidewalk has always been problematic due to the closeness of the street itself. If there should be an assessment, then we believe the appropriate amount should be ~95.0o rather than $475.00. Thank you for yo~.lr attention to this matter. Sincerely, ,. , ~` Mark J. Leary President Willowbrooke Condominium Association 2339 Willowbrooke Lane Iowa City, IA 52246 cc '. C,~ / auG 1 s 200 Ciry Clerk Ictiva City, Icnva i~ : ~o ~ ~~ ~l s ~~) Weather History for Iowa City, Iowa Location: Iowa City, IA ZIP/Postal Code or City,s[ate Month: Da Year: Jan - 24 - .2010 latest data available: Aug 8, 2010. Search Previous Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 30.2 °F Mean Temperature . 35.1 °F Maximum Temperature 39.2 °F Next Day Pressure and Dew Point Mean Sea Level Pressure 29.38 IN Mean Dew Point 33.3 °F '! Precipitation Total Precipitation 0.44 IN Rain and/or melted snow reported during the day. "Visibility 5.4 MI Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 11.16 MPH Maximum Sustained Wind Speed 21.00 MPH Maximum Wind Gust 32.22 MPH Page 1 of 1 .~~Lr ~~ cur 1 s zoo City Cletk Ictiv~~t Cily, lo~~va l~%o~ ~- /~~~ Weather data from the National Climatic Data Center Global Surface Summarv of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consul[ the Weather Observation ation page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603) 563-8111 ofa 7...almanaccom http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-24 8/9/2010 Weather History for Iowa City, Iowa Page 1 of 1 Location: '!(I -~ ~ ~~ ~ ~~ Iowa City, IA "" " ZIP/Postal Code or City,Sta[e Month: Oa Year: r} A l l f' ~ 6 ~ p 1 U F1V U Jan ~ 25 - 2010 ~ Latest data available: Aug 8, 2010. ' ' City Clcrk .. ;sear°h Previous Dav Next Dav TGtiyd CiP~; Iowa IOWA CITY MUNICIPAL ~~ ~~~ M"l __ _ j'161~' Temperature Minimum Temperature 21.0 °F 'Mean Temperature 27.7 °F 'Maximum Temperature 32.0 °F Pressure and Dew Point Mean Sea Level Pressure 29.39 IN Mean Dew Point 23.1 °F Precipitation Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 'S.7MI I Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 14.73 MPH Maximum Sustained Wind Speed 25.10 MPH Maximum Wind Gust 41.43 MPH Weather data from the National Climatic Data Center Global Surface Summary of Dav . Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more abou t weather station terminology, please consult the Weather Observation tation page of the NCDC. Previous Day Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603) 563-8111 ofal.almanac.com http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-25 8/9/2010 Weather History for Iowa City, Iowa Page 1 of 1 Location: Iowa City, IA - -~- -.-, .~.~.~~~ii Z[P/Postal Code or City,State Month: Da Year: ^^ I I rr,, UG ~ 6 ~o~ Jan ~ 26 - 2010. *~ fii U Latest data available: Aug 8, 2010. Search_ City C)CLIC Previous Dav Next Dav IDWa Cir., Iowa IOWA CITY MUNICIPAL Temperature Minimum Temperature ~ ~~ 10.0 °F Mean Temperature 13.4 °F Maximum Temperature 21.0 °F Pressure and Dew Point Mean Sea Level Pressure 29.99 IN Mean Dew Point 6.6 °F Precipitation "Total Precipitation 0.00 IN ;Rain and/or melted snow reported during the day. 'j; Visibility 6.2 MI 'Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 19.10 MPH Maximum Sustained Wind Speed 26.00 MPH Maximum Wind Gust .40.28 MPH Weather data from the National Climatic Data Center Global Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation St i n page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 o(a i.almanac.com http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-26 8/9/2010 Weather History for Iowa City, Iowa Location: Iowa City, IA ZIP/Postal Code or City,State Month: Da Year: Jan - 27 - 2010 Latest data available: Aug 8, 2010. Search Previous Dav Nex[ Dav IOWA CITY MUNICIPAL '; Temperature Minimum Temperature 8.6 °F Mean Temperature 14.7 °F Maximum Temperature 24.8 °F Pressure and Dew Point Mean Sea Level Pressure :30.21 IN Mean Dew Point 8.6 °F Precipitation Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 8.2 MI .Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 9.09 MPH Maximum Sustained Wind Speed 13.00 MPH Maximum Wind Gust No data. Page 1 of 1 %~~iJ~i~ AUG 16 ?QiQ City Clctk towaCit~;, lo-wa ~l~aoRm- n-.~-- Weather data from the National Climatic Data Center Global Surface Summary of Day. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation i n page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 otal.almanaccom http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-27 8/9/2010 Weather History for Iowa City, Iowa Location Iowa City, IA ZIP/Postal Code or City,State Month: Da Year: Jan - 28 -' 2010 ~i latest data available: Aug 8, 2010. Search Previous Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 3.0 °F Mean Temperature 8.9 °F Maximum Temperature 23.0 °F Pressure and Dew Point Mean Sea Level Pressure 30.48 IN Mean Dew Point 0.1 °F Page 1 of 1 ~~~a~ AUG 16 ?010 City Clcrk Jctvit City, i0',ta t ~ = ad fit. ~~ Precipitation Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 10.0 MI Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 11.74 MPH Maximum Sustained Wind Speed 15.00 MPH Maximum Wind Gust 28.77 MPH Weather data from the National Climatic Data Center Global Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation Station page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 ota t.almanac.corn Next Dav http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-28 8/9/2010 Weather History for Iowa City, Iowa Location• Iowa City, IA ~' ZIP/Postal Code or Ci[y,State Month: Da Year: Jan.. - 29 - 2010 - l.ates[ data available: Aug 8, 2010. Search Previous Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 1.4 °F Mean Temperature 17.3 °F Maximum Temperature 12.2 °F Next Day Pressure and Dew Point Mean Sea Level Pressure 30.56 IN Mean Dew Point -3.6 °F Precipitation Il Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 10.0 MI Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 7.02 MPH Maximum Sustained Wind Speed 8.90 MPH Maximum Wind Gust No data. Page 1 of 1 AUG 16 2010 laity Clcrk to~s~ City, k~•,~a ~~ ~ ~ Avg I14.I~.K- Weather data from the National Climatic Data Center Global Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation S i n page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603) 563-8111 G},~ 1.. dlfrta rla C.COfYi http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-29 8/9/2010 Weather History for Iowa City, Iowa Location: Iowa City, IA ZIP/Postal Code or Ci[y,5tate Month: Da Year: Jan - 30 - .2010 '~' Latest data available: Aug 8, 2010. Search-. Previous Dav IOWA CITY MUNICIPAL Temperature "Minimum Temperature 6.1 °F '- Mean Temperature 12.6 °F Maximum Temperature 21.9 °F Pressure and Dew Point Mean Sea Level Pressure 30.34 IN Mean Dew Point 3.0 °F Next Dav Precipitation '' Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 10.0 MI ::Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 3.68 MPH Maximum Sustained Wind Speed 6.00 MPH Maximum Wind Gust ;, No data. Page 1 of 1 AUG 16 2Q1Q Est: C`it, Io•,~~a w~-KK Weather data from the National Climatic Data Center Global Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation S i n page of the NCDC. Previous Dav Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 bfal.almanac.cciTi http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-3 0 8/9/2010 Weather History for Iowa City, Iowa Page 1 of 1 Location: City, IA Iowa . ZIP/Postal Code or City,State j a ~ ~ ~~ Month: Da Year: Jan - 31 - 2010. ~.r; ^-~ Latest data available: Aug 8, 2010. AUG 16 2010 Search Previous Dav Next Dav Clt)' Clrrk IOWA CITY MUNICIPAL 'o'~tiGa,, la.ti~a Temperature _ ~/: oZb a4'~, Minimum Temperature ' ~/ ~l~K 6.1°F Mean Temperature 13.8 °F '! Maximum Temperature 23.0 °F Pressure and Dew Point Mean Sea Level Pressure 30.30 IN Mean Dew Point 7.8 °F Precipitation Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. "Visibility 6.9 MI Snow Depth i'ii No data. I Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 4.03 MPH Maximum Sustained Wind Speed 8.00 MPH Maximum Wind Gust No data. Weather data from the National Climatic Data Center Global Surface Summary of Dav . Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more abou t weather station terminology, please consult the Weather Observation S a ion page of the NCDC. Previous Day ~t may ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 ofa 7..almanac.com http://www.almanac.com/weather/history/IA/Iowa%20City/2010-01-31 8/9/2010 Weather History for Iowa City, Iowa Location: Iowa City, IA ZIP/Postal Code or City,State Month: Da Year: Feb ~ 1 ~ 2010 Latest data available: Aug 8, 2010. Search Previous Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 12.9 °F Mean Temperature 21.4 °F 'Maximum Temperature 33.1 °F Pressure and Dew Point Mean Sea Level Pressure 30.27 IN Mean Dew Point 14.0 °F Next Dav Precipitation !Total Precipitation 0.00 IN !Rain and/or melted snow reported during the day. Visibility 5.4 MI .Snow Depth No data. " Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 6.33 MPH Maximum Sustained Wind Speed 9.90 MPH Maximum Wind Gust No data. Page 1 of 1 AUG 16 ~Q10 Cite Clc;k iowa Cite, 1o;va ~~ •'d0 ~. vk,iC Weather data from the National Climatic Data Center Global Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation [ion page of the NCDC. Previous Day Next Dav ©2010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603) 563-8111 ofal.almanaccom http://www.almanac.com/weather/history/IA/Iowa%20City/2010-02-0 l 8/9/2010 ~~ l~l ~I' AUG 16 2Q10 I ~ Cit}~ Clerk :otiva Cite, Iowa ~/: d-t0 ~--- ,~>tck - - ' REMIT TO: GREG'S LAWN SERVICE, INC PREVIOUS BALANCE - 3,868.00 age # 1 DATE DESCRIPTION AMOUNT 01/22/10 Paid on account. Check #3022 3,868.00 01/06/10 Snow Removal 250.00 01/06/10 Sidewalks 95.00 01/07/10 Sidewalks 95.00 01/07/10 Snow Removal 250.00 01/07/10 Sidewalks -second time 95.00 01/20/10 Snow Removal 250.00 01/20/10 Sidewalks 95.00 01/20/10 Ice Melt 30.00 01/21/10 Sidewalks 95.00 01/21/10 Ice Melt 45.00 01/25/10 Snow Removal 250.00 01/25/10 Sidewalks 95.00 ~~~ ~% ~~-,o a~ Current I Over 30 I Over 60 a~l~ 8a AGES/COMMENTS Over 90 TOTAL AMOUNT DUE tEG'S LAWN & LANDSCAPING DUCT 12351G USE WITH 777C ENVELOPE NESS TO RSOfder: 1-800-225-6380 Of WWW.f16bS.COrt1 PRINTED IN U.S.A. A i ,~~_~~~ AUG ~16 X010 Ciry Clerk icwa Ciry, Iowa /f*~o70 /f'K'l ~ ~' REMIT TO: GREG'S LAWN SERVICE, INC 1,645.00 age # 1 PREVIOUS BALANCE ~ DATE DESCRIPTION AMOUNT )2/17/10 Paid on account. Check #3027 1,645.00 )2/01/10 Snow Removal 250.00 )2/01/10 Sidewalks 95.00 )2/01/10 Ice Melt 15.00 )2/08/10 Snow Removal 250.00 )2/08/10 Sidewalks 95.00 )2/08/10 Snow Removal -second time 250.00 )2/09/10 Sidewalks 95.00 )2/09/10 Ice Melt 30.00 )2/19/10 Sidewalks 95.00 )2/19/10 Snow Removal 250.00 )2/21/10 Snow Removal 250.00 )2/21/10 Sidewalks 95.00 ~~ ~v ~j ~v ~ ~~ V / J V / TOTAL AMOUNT DUE Current Over 30 Over 60 Over 90 1,770.00 $ 1,770.00 AGES/COMMENTS tEG'S LAWN & LANDSCAPING DUCT 12351G USE WRH 771C ENVELOPE NESS To fieorder: 1-800-225-6380 or WWW.nebs.com PRINTED IN U.S.A. A Page 1 of~71 ~,. Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Monday, August 16, 2010 10:51 PM To: Marian Karr Subject: FW: Willowbrooke Pointe Condominium Association Attachments: WillowbrookePtCondoAssnAug2010.pdf __ _ -- From: Donald Ford [mailto:dlehmanford@gmail.com] Sent: Monday, August 16, 2010 1:22 PM To: matt-hayek@iowa-city.org; regenia-bailey@iowa-city.org; mike-Wright@iowa-city.org; ross- wilburn@iowa-city.org; Susan-mims@iowa-city.org Cc: ferndavis23@msn.com; m.hartwig@mchsi.com; nearylaw@machlink.com; ferndavis23@gmail.com Subject: Willowbrooke Pointe Condominium Association Dear Mayor Hayek and Members of the City Council: I am writing on behalf of the Willowbrooke Pointe Condominium Association. We will be speaking briefly before the Council on Tuesday, August 17. We are not sure if our Association President, Mark Neary, provided multiple copies of correspondence and attachments to which we'll be referring tomorrow night. In case not, we've attached them to your emails. Thank you. All the best, Don Ford Secretary, Willowbrooke Pointe Condominium Association 8/17/2010 August io, 2010 Hon. Matt Hayek & Members of City Council 4io F. Washington St. Iowa City, IA 52240 Re: Assessment of snow removal fees for Willowbrooke Condominium .Association Parcel # 1oi~284o2i Dear Mayor Hayek & Members of the City Council: I am the president of the Willowbrooke Condominium Association (which is a volunteer unpaid position). Our Association has been notified that tl~zere is a request to assess fees of $4.75.00 for snow removal regarding the sidewalk along Benton Street in late January of 2010. On behalf of my Association, I am contesting the assessment of these fees for the following reasons: 1. I believe that we have made a diligent effort to keep the sidewalks clear, and it is my understanding that the complaint is that some snow drifted across the sidewalk after it was cleared in late January of 200. The attachments from the National Climatic Data Center confirm that there was basically no precihit<rtion from the time that we cleared the sidewalks on January 2~, 2oio, through the next time we cleared the sidewalks on February i, 2010. 2. If there ~-vas sufficient snow on the sidewalk, we have worked with the city throughout the past several years in an effort to go above and beyond the requirements of the city code to keep the sidewalks clear. Specifically, we have asked our snow removal service to come back later in the day to clear the sidewalks because the City snowplows invariably push snow onto the sidewalks after we clear them, particularly on Benton Street where the sidewalk is only a few feet from the street. Our snow removal service is usually at our complex around 5 a.m., and we now have them clear the driveways and our private street then, but they come back later and. clean the sidewalks after the City snowplows have cleared Benton Street. Fern Davis is our treasurer and bookkeeper, and she has had ongoing contact with the City over the years. Although I do not expect the City to notify every property owrner every tune there is a problem, it would seem reasonable for some effort at notification to be performed by the City inspector before simply sending out a crew. This is similar to placing a sticker on a car prior to towing it. 1lad such a contact been made, then Ms. Davis would have had our snow remo~ al service come back to the complex and had the work performed quiel:er (and at significantly less cost). I have spoken with members of the City staff who advise that they send ore notice a year to a property owner prior to sending out a snow removal crew, arrcl that such a notice was sent in December of 2009. As a technical matter, no such notice was sent out in 2oio prior to sending out the snow removal crew, but I assume that the staff meant one notice is sent out per season. While this is certainly appreciated, I note that according to the notes on Icgov.org from December 1.4, 2009, there was no follow-up to ascertain ~-vhether the sidewalk was ever cleared after the notice was sent. Many people in our association are retirees, and they tend to be quite observant of issues regarding the property. In fact, Fern Davis is an excellent treasurer in part because she is so attuned to what is occurring on the property. There has been no one who can remember any persons other than our regular snow removal service working at any time on our property. I therefore question the legitimacy of the City's subcontractor ~ti~ho claims that six hours of work ~~~ere performed, particularly since we had the sidewalks cleaned on January 25, zoio, and then again had the sidewalks cleaned and ice melt applied on February 1, 2010. 3. IJven if there was a need for the City to remove the snow, the costs for this service are unreasonable. The claim is that it took six hours of work and 22 bags of ice melt, at a cost of $475.00, to clean the sidewalk along Benton Street only. I have no idea what the City charges are per bag for ice melt, but that seems like-~ an inordinate amount for a normal sized sidewalk, even if it does extend a.lmn5t an entire block. As the attached bills indicate, we pay $95.00 per cleaning the sidewalks, which includes not only Benton Street but almost an entire block of the wider sidewalk on Mormon Trek. To pay $475.00 to do less than halt the area is completely unreasonable. I believe the City should look closer into the contractors who it hires to do this work as they appear to be gouging the City and its citizens. For all the above reasons, I believe that the assessment of the fees of $475.00 to the Willowbrooke Condominium Association are not appropriate. We have worked with the City, and have worked with our snow removal ser~~ce, to keep the sidewalks clear. 'I'he Benton Street sidewalk has always been problematic due to the closeness of the street itself. If there should be an assessment, then we believe the appropriate amount should be $95.00 rather than $47;;.00. Thank you for your attention to this matter. Sincerely, i, ~ ~ _ '~ 1 \' ~ `. Mark .J. l~eary I President Willowbrooke Condorniniurn Association 339 Willowbrooke Lane Iowa City, IA 52246 Weather IIistary for Iow~i City, Iowa location: Iowa City, IA Zla/Postal Code or Oty. State ~~D~Ye Jan 24 - 2010 - Latest data a~a~la ble aug 8, 2010. Search! Pr~yious Dav Next Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 30.2 °F Mean Temperature 35.1 °F Maximum Temperature 39.2 °F Pressure and Dew Point Mean Sea Level Pressure 29.38 IN Mean Uew Point 33.3 °F 'Precipitation Total Precipitation 0.44 IN Rain and/or melted snow reported durirg the day. Visibility 5.4 f•11 Snow Depth No data. Last report for the day i( reported more than once. Page 1 of 1 Wind Speed and Gusts Mean Wind Speed 11.16 MPH Maximum Sustained Wind Speed 21.OD MPH Maximum Wind Gust 32.22 MPH W ca[her data from the National Climatic Data Center Global Surface Summary of Day. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather UUservation Station page of the NCDC. PrevioU.Sj2~y Next Dav c~2010 Yankee Publishing, Inc„ P.O. Box 520, Dublin, NH 03444,(603)563-8111 ore 1 alr~~ai~d C.CQin r http://w~vw.almanac.comhveather/history/IA/Iowa%20City%Z410-OI -24 8/9/20 ] U G~eather History for Iowa City, Iowa Location: Iowa City, !A 2[P/POSCa! Code or Gry,State Mon[h: Da Year: Jan - 25 - 2010 - tates! data avaiiable~. 4ug 6, 2010. .Search. Previous Dav IOWA CITY MUNICIPAL Temperature Minimum Temperature 21.0 °F Mean Temperature 27.7 °F Maximum Temperature 32.0 °F Pressure and Dew Point Mean Sea Level Pressure 29.39 I N Mean Dew Point 23.1 'F Precipitation Tota Precipitation OAO [N Rain andJor melted snow reported Curing the day. Visibility 5.7 MI Snow Depth No data. Last report for the day If reported more than once. Nev[,.~ay Page 1 of 1 Wind Speed and Gusts Mean Wind Speed 14,73 MPH Maximum Sustained Wind Speed 25.10 MPH Maximum Wind Gust 41.43 MPH Weather data from the National Climatic Da~sL;r~n[~ Global Surface Sumrnarv Qf~,~.y,. Information from the NCDC may be Incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Wga{,her. Qbservation lion page of the NCDC. Previous Gav flex[ Day 02010 Yankee Publishing, ]nc., P.O. Dox 520, Dublin, NH 03444,(603)563-6111 ,1 r'J l .arndttai.~JIT1 http://v~ww.almanac.coiY~/weather/historylIAlIowa%20City/?010-01-? 5 819/20I 0 ~~'eather History for Iowa City, Iowa Location: __ Iowa City, IA ZI Pl Postal Cotle or Crty, Slate Month: Da Year: Jan ~ 26 + 2010' rates[ data available Aug 8, 2010. :Search' PPeviaus Dav Next Day IOWA CITY MUNICIPAL Temperature Minimum Temperature 10.0 °F Mean Temperature 13.4 °F '. Maximum Temperature 21.0 °F Pressure and Dew Point i Mean Sea Level Pressure 29.99 IN Mean Dew Point 6.6 °F Precipitation Total Precipitation 0.00 I N Rain and/ar rnelCed snow reported during the day. Visibility 6.2 M[ Snow Depth No data. '. last report for the day if re Dorted more than once. Wind Speed and Gusts Mean Wind Speed 19.1.0 MPH Maximum Sustained Wind Speed 26.00 MPH Maximum Wind Gust 40 28 MPH Page ] of I Weather data from [he ;Vational Chrnatic Data Center C~loba,l_Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation StaS!4~ Page of [he NCDC. Previous Dav Next Dav C~J20lC vankee Publishing, Inc, v.0. Box 520, Dublin, NH 03444,(603)563-8111 oL l.alrea°a, con. http:Uwww.almanac.com/weather/history/IA/Iowa%20City/20I0-01-26 $19I20I0 Weather History for Iowa City, Iowa Location; Iowa City, IA 21p/postal CoAe or Oty,Sta[e ~C~D~YC Jan 27 ~ 2010 Latest data available: Auq &, 2010. Search' Prewous Dav Next Dav IOWA CITY MUNIC.IPAI. Temperature Minimum Temperature 8.6 °F Mean Ternperatur-e 14.7 °F Maximum Temperature 2a.fl °F Pressure and Dew Point Mean Sea Level Pressure 30.21 IN ;Mean Dew Point fi.6 °r Precipitation Total Precipitation U.UO W Rain and(or melted snow reported durlny [he day. Visibility H.2 M[ Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 9.09 MPH Maximum Sustained Wind Speed 13.00 MPti Maximum Wind Gust Nc data. Page 1 of 1 weather data from the National Climatic Data Center Glr'..-..~i surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and sonde stations never report cer[a ur vd rimes. To learn more about weather station terrninoloyy, please consult the Weather (Jbservation ti page of the NCDC. ~r viol av Next Dav pc 2010 Yankee Publlshiny, In C., P.Q. BOZ 520, Dublin, NH 034aa,(603)563-8111 0.`a L.alrtlagF000~'~ http://www.almanac.com/weather(history/IA/Iowa%20Cityl2O I Q-O1-27 8/9; 2U 10 __ --. Weather History for Iowa City, Iowa Location: Iowa City, IA 7_I r/rosra i Coae or City,State Month: Da Year: Jan 2(3 - 2010- Lacest data avatlabie Aug 8, 2010, 'Search Previous D.ay \FZC,,,Q.a.y IOWA CITY MUNICIPAL Temperature Minimum Temperature 3.D °f Mean Temperature B.v °r Maximum Temperature 23.0 °F Pressure and Dew Point Mear] Sea Level Pressure 30.48 I N Mean Dew Point 0.1 °F Precipitation Total Precipitation 0.00 tN Rain and/or meRed snow reported during the day. Visibility 10.0 MT Snow Depth Nn data. Last repot for the day if reported more than once. Wind Speed and Gusts Mean Wind Speed 11.74 MPH Maxirnurn Sustained Wind Speed 15-00 MPH Maximum Wind Gust 28.77 MPH Page I of I Weather data from the Ndtiynal Climatic Data Center Global Surface iummarv of Jay. information from the NCDC may be incomplete. Nat every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult [he Weather C)b~ery~ngn i n page of the NCDC. Preyig4~.Day Nex( Day ©2010 Yankee Publishing, Ou., F.O. 8Cx 520, Chiblin, NH 03444,(603)563-8117 ora:.aimanac com htt~T://www.aln~anac.com/weather/history/IA/Iowa%20Ciry/2010-01-28 ~/9/?010 Weather History for Iowa City, Iowa :Page I of l Locatipn: Iowa Cify, IA ZIP/Pos[el Cafe or Cily,S[a[e Month: Da Year: Jan ~ 29!q. 2010,- [atest da:a available: Au, 8, 2010. Search Previous Day Nex(_CJ.~y IOWA CITY MUNICIPAL Temperature Minimum Temperature 1,4 °F Mean Ter7lperaCUre 7.3 °F Maximum Temperature 12.2 °F Pressure and Dew Point Mean Sea Level Pressure 30.56 1N Mean Dew Point -3.6 °F Precipitation Total Precipitation O.DD IN Rain and/or melted snow reported during the day. Visibility 10.0 MI Snow Depth No data. Last report for the day if reported more than once. Wind Speed and Gusts Mean VJind Speed y.oz MPH Maximum Sustained Wind Speed 8.90 MPH Maximum Wind Gust No data. W ea[her data from the Nd~ional ClimetlC Da[a Censer Global Surface Sumn,ar~o( Day. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station tenninoiUgy, Dlease consul[ the Wea~her C'.bser~at'.on sta., i r page of the NCDC. previUUS Ddy l~nxLUay J2030 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 034a4, (603) 563-E1111 OI.) J ,i ri'.a Oaf. COf~~ http://www.almanac.com/weather/`history!IA/Iowa%20City/2010-01-29 8/9%ZOI U Weather History for Lowy City, Io~ira Location: Iowa City, IA ZtP/P05[D~ cone or City,State Month: Da Vear: Jan 'z 30 ~ 2010 Latest data available; nug 8, 20tG. Searcn Previous Dav IOWA CITY MUNICIPAL Temperature '.. t~tinimum Ternperatue 6.1 °F Mean Temperature 12.6 °F Maximum Temperature 21.3 °F Pressure and Dew Point Mean Sea level Pressure 30.34 IN Mean De~.v Point 3.0 °f Precipitation Total Precipitation 0.00 M Rain and/or melted snow reported Bunny the day. Visibility lU C MI Snow Depth No data. Last report for the day if reported more than once. Next Day Page 1 of l Wind Speed and Gusts Mean Wind Speed 3.68 MPH Maximum Sustained Wind Speed 6.00 MPH Maximum Wind Gust No data. ' Weather data from the National Climatic Data ~;dneer Globi7! Surface Summary of Day. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station termir,oloy y, please consult the Weather Observation Station page of the NCDC. Previous Dav Next Dav 02010 Yankee Publishing, Inc., P.O. Box 520, Dublin, NH 03444,(603)563-8111 n`ai.aln'~ar~ac,crn~n hllp:il~uww.almanac.con~/weather/history/IA/Iowa°io20City/2010-0 l -30 8/91201 G Weather History for Iowa City, Iowa tocation• Iowa City.lA ZI%POStaI lode or CiCy.Sta:e Month: Da Year: Jan ~ 31 ~ 2010 ,~ Latest data available. aug 8, 20[0. Saarch Previ0u5 Uay Next_ppy IObVA CITY MUNICIPAL Temperature Minimum Temperature 6.1 °F Mean Temperature 13.8 °F Maximum Temperature 23.0 °F Pressure and Dew Point Mean Sea Level Pressure 30.30 IN Mean Dew Point /.8 °F Precipitation Total Precipitation 0.00: N Rain andlor melted snow reported during the day. Visibility 6.9 MI Snow Depth No da[a. La,t report for the day if reported more than once Page 1 of 1 Wind Speed and Gusts Mean 1F/ind Speed 4.03 MPH Maximum Sustained Wind Speed 8.00 MPH Maximum Wind Gust rJO data. Weather data from the Na4iPnal_CI_trn~.,2a.tA Cen[eC Global Surface Summary of Dav. Infcrrnation from the NCDC may he incomplete. Not every ;cation reports Every day, and Some stations never report CeRain values. To learn more about weather sta [ion terminology, please consul[ the weather Cbier v.~tp:-: ~;, Stativ~ page of tY~e NCDC. PreviousQay Next Uav 02010 Yankee Publishing, Inc., P.O. Box 6ZU, Du blln, NH 03444,(603)563-8111 Ala: a manaccV.m http://www.almanac.com/weather/historyllA/Cowa%20City/2010-01-31 8/9/2U 10 Weather History for Iowa City, Iowa Page 1 of 1 Location: Iowa City, IA ZIP/Postal Code or Ciry,State Month: Da Year: Feb ~ ~ 2010 Latest data available: Aug 8, 2016. Search. Prevlrni`, C ty Nex[ Dav IOWA CITY MUNICIPAL 'Temperature Minimum Temperature 12.9 °F Mean Temperature 21.4 °F Maximum Temperature 33.1 °F " Pressure and Dew Point Mean Sea Level pressure 3D.2J iN Mean Oew Point 14.0 °F Precipitation Total Precipitation 0.00 IN Rain and/or melted snow reported during the day. Visibility 5.4 MI Snow Oepth No data. Last report for the day if reported more Chan once. Wind Speed and Gusts Mean Wind Speed 6.33 MPH Maximum Sustained Wind Speed 9.90 MPH Maximum Wind Gust No data. Weather data from the National. Climatic. Daia Center GI_obal Surface Summary of Dav. Information from the NCDC may be incomplete. Not every station reports every day, and some stations never report certain values. To learn more about weather station terminology, please consult the Weather Observation Station page of the NCDC. Pr vi a P.~Y N z ©2010 Yankee PuUlishiny, Int., P.o. Box 520, Dublin, NH 03444,(6D3)563-8111 ofa t.a:~manac,com http://www.almanac.com/weather/history/IA/Iowa%20City/201.0-02-01. ~i9/2010 REMIT TO: GREG'S LAWN SERVICE, INC age # 1 DATE RESCRIPTION )1/22/10 Paid on account. Check #3022 )1/06/10 Snow Removal )1/06/10 Sidewalks )1/07/10 Sidewalks 11/07/10 Snow Removal 11/07/10 Sidewalks -second time 11/20/10 Snow Remove/ 11/20/10 Sidewalks 11/20/10 Ice Melt i1 /21/10 Sidewalks X1/21/10 Ice Melt X1/25/10 Snow Removal '1/25/10 Sidewalks Current IESl COMMENTS PREVIOUS BALANCE ~ 3,868,00 AMOUNT c 3, 868.00 250.00 95.00 95.00 250.00 95.00 250.00 95.00 3a.oo 95.00 45.00 250.00 95.00 ~~ ~,,o t ~y ~~ TOTAL AMOUNT DUE Over 30 Over 60' Over 90 ~y +~ EG'S LAWN & LANDSCAPING iCT 72351G USC- WITH 7nC ENVELOPE NESS To Roortlar 1 -6W-225-6380 or www.nebs.com PRIMED IN U.S.A. A REMIT TO: GREG'S LAWN SERVICE, iNC 1,645.1?0 1ge # ~ PREVIOUS BALANCE ~ DATE DESCRIPTION AMOUNT X2/17/10 Paid on account. Check #3027 1,645.00 12/01/10 Snow Removal 250.00 X2/01/10 Sidewalks 95.00 12/01/10 Ice Melt 15.00 12/08/10 Snow Removal 250.00 X2/08/10 Sidewalks 95.00 12108/10 Snow Removal- second time 250.00 2/09/10 Sidewalks 95.00 2109!10 Ice Melt 30.00 2/19110 Sidewalks 95.00 2/19/10 Snow Removal 250.00 2/21/10 Snow Removal 250.00 2/21/10 Sidewalks 95.00 ~~ ~;v ~`v ~~~ TOTAL AMOUNT DUE Current Over 30 Over 60 Over 90 1,770.00 $ 1,770.00 GES I COMMENTS ~~~~/~~ J) ~'_~~ j] 'EG'S LAWN & LANDSCAPING uCT 12951c usE wrTH n+C ENVELOPE NESS To Reorder 1-800-225-6,'180 or www.neba.com ,.m. , i PRINTeO IN U.S.A. A Status: Case Status Page 1 of 2 ~~~~ ~~~ View Case Status The information below summarizes the case you selected. a.n ~ .~ ,- ~.._ _ Status : 0 Description : 16-1A-8: snow and ice Name : FERN L DAVIS & DONALD F WILSON Address : 2360 WILLOWF3RtJC7f4E t.N (click for rnap) Application Date : 12/14/200° 10:56:28 AM Parcel : 10172~~02.l (click for parcel details) (F) create SNGV~t RBCEiP'1'S Staff:JLR Status: DONE Date:3/8/1010 Notes inv# 914 2/1/10 6 hours and 22 bags ice melt 400.00 plus 75.00 admin fee total 475.00 Enitial inspection Staff : RI.O Status :DONE Date :1/29/2010 Notes : It looks like they cleared the snow after it came down from the last event, this would have included some snow plow snow. After that, the sidewalk drift over, so what I see covering the sidewalk is drifted snow that blew at an angle from the NW. Complaint received Date Received Staff: RLO Status : DONE 1/29/2010 Notes Via phone on 1,28-10 {Fj Send SNOVtI Nt~11CE Staff :SML Status : DONE Date : 12/14!2009 In;?i,.;i +rlspection Staff :SML Status : DONE Date :12/14/2009 Notes Benton Street side not cleared. t~omptaint received Date Received Staff :SML Status DONE 12/14/2009 Notes Phone call http://www.iowa-city.org/tm_binltmw_cmd.pl?tn~~w_ ctrld=Stat~isV iewCase&shl_c~lseno C... 6/1/?01.0 __. __. Status: Case Status Item Fee Amount Title ID Fee Remaining Tag Status Documents Fn~~r r ~~~~ ;~yg, ~~~ ,:. ~~~tt contractors photo after (0 byfes) Documents for Activities What would you like to do next? r. Liar... r!le: _<< ... ~ I(y~. ~r~~ _ ,5 ,. ,~:e. yn. ~_I:~, ~ T^ _. ~ , ~ ~. _ ~ ~_.. t;.~>~¢~ r{tai _ h~~ ;, , iv~S:. http:I/ww-w.iowa-city .org/tm_binltmw_cmd.pl?trt~~~_emd=StatusV iewCase.&shl_casen~~ _~ C Page 2 of 6i I /2010 NOTICE OF VIOLATION DATE :December 14, 2009 FERN L DAMS & DONALD F WILSON 2360 W I LLOW BROOKE LN IOWA CITY, IA 52246 Case # COM09-01843 Location of Violation: ~VILLOWBROOKE.` ~F--~~= i Dear Property Owner: --- According to our records, you are the owner or agent of the above-referenced property. On 12/14/2009, an apparent violation of the Code of Ordinances of the City of Iowa City was observed on your property. Type of Violation: 16-1A-8 Ice and Snow Removal Corrective Action Required: Remove all snow and ice from public sidewalk within 24 hours of accumulation. Snow and ice must be cleared from the entire width of the sidewalk down to the concrete. VIOLATION MUST BE CORRECTED IMMEDIATELY. Snow or ice accumulations which have remained on any public sidewalk in the city for a period of 24 hours may be removed by the City without notice to the owner, tenant, or person in charge of the property abutting such sidewalk. The expense of the remova! shall be assessed against the abutting property owner in the same manner as a property tax. Any notice as to the need for removal of snow or ice shall not extend the time period for removal, removal by the City, or the issuance of a citation for a municipal infraction. This letter shall serve as final notice that any further violations of this ordinance will result in abatement (correction of the violation) by the City. In addition to the abatement a citation will be issued upon the verification of a 3rd violation in any given snow season. If you wish to discuss any aspect of this order, please call me at 319-356-5135. Sincerely, Stan Laverman HOUSING INSPECTOR 0 com snow mt CITY OFIOWA CITY y +~. 1 CITY OFIOWA CITY To: Fern Davis From: Jann Ream Date: l /] 6/2008 Re: Snow Removal MEMORANDUM Fern -Enclosed is a copy of the City snow removal ordinance. While the ordinance does not specify any difference between natw-al and unnatural accumulations, the State code does and the City as a legal jurisdiction of the State is bound by the limitations of that code. In a legal opinion dated 1.996, the then City Attorney oi'Iowa City distributed a memo stating that the City does not have the right to assess charges for having snow removed that has been deposited on a sidewalk by snow plows -unnatural accumulation. Crenerally, if we receive a complaint about a walk for snow and go out and determine that it is snowpio~v snow, we will contact our Streets Department to see if they will go out and clear the sidewalk. They are not always able to do this and sometimes the walk remains obstructed until it melts. 16-1 A-8 16-1 A-9 16-1 A-$: SNOW AND ICE REMOVAL': A. Removal Required: No owner, tenant, responsible par#y or person in possession or control of property shalt allow snow or ice accumulations to remain upon abutting sidewalks for more than twenty four (24) hours. (1978 Code §31-120; amd. 1994 Code) B. Removal By City: Snow or ice accumulations which have remained on any sidewalk for more than twenty four (24) hours may be removed by 'the city. If the property owner faits to pay the costs of removal, after written billing, the city may assess the costs against the property in the same manner as a property tax, as provided by state law. C. Removal By Persons Other Than City: 1. It shall be unlawful for any private property owner or person in possession or control of private property to deposit snow and/or ice from private property onto public right of way. 2. It shall be unlawful to remove snow or ice from public right of way in a manner which interferes with or unduly restricts vehicular andfor pedestrian traffic. 3. This subsection shall not apply to or limit the city's snowplowing operations. D. Removal Policies: The director may establish snow and ice removal policies, as provided by state law, which policies shall be approved by resolution of the city council. (1994 Code) E. Violation: Violation of this section shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this code. (Ord. 02-4044, 10-8-2002) 16-1 A-9: OPENINGS IN PUBLIC RIGHT OF WAY: !t shalt be unlawful to leave open or in an insecure condition any grating, vaults, vault doors, manholes and coverings to stairways or window wells or any other opening in or on public right of way. (1994 Code) 1, See also subsection 6-1-2K and sectipns 9-4-9 and 10-5-5 of this code. \~ ~~ lou~a City