HomeMy WebLinkAbout2010-04-27 Resolution~~
5c 9
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 10-122
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing
Permit as provided by law is hereby granted to the following named person and at the
following described locations upon his/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
First Avenue Club - 1550 S. First Avenue
Loyal Order of Moose - 3151 Highway 6 East
Passed and approved this 27th day of April
2010
~Cfii7_.L ~r-
MAYOR
Approved by
ATTEST: ~ ~ ~ • ~7`~YL'ic~ ~1~-~s^ ~,~1;~~7./~(.~~' -`~ 3.,
CI CLERK City Attorney's Office ~ (~~~,c}
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Wilburn
the
AYES: NAYS: ABSENT:
g Bailey
~ Champion
_
~ Dickens
_
x Hayek
g Mims
x Wilburn
x Wright
M.~.., _ _
5e(1)
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 10-123
RESOLUTION SETTING PUBLIC HEARING ON
AMENDING THE FY2010 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., May 10, 2010, or if said
meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk,
to permit any citizen to be heard for or against the proposed amendment to the FY2010 Operating
Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 27th day of April , 20~Q,.
MAYOR
Approved by
ATTEST: ~ ~ '~-I9 - /D
CI LERK City Attorney s Office
It was moved by Champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES:
X
_~._
~_
~_
-X.-
---~-
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
finadmYasbperbdg410.doc
M - ~~ - -
5e(4)
Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 10-124
RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL
CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 10T" day of May,
2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 27th day of April , 2010.
.c '9n
MAYOR
Approved by
ATTEST: ~
CIT tERK
City Attorney's Office y~i~ I ~ ~
Pweng\res\landfill cell construction.doc
Resolution No. 10-124
Page 2
It was moved by champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~- Bailey
x Champion
~_ Dickens
x Hayek
x Mims
x Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
~ ~~-~ 5e(5
Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 10-125
RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 10T" day of May,
2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 27th day of April , 2010.
,~~.~
Mayor
ATTEST: /~ `X .
City clerk
Approved by:
City Attorney's Office ~//~~ ~j ~
Resolution No. 10-125
Page 2
It was moved by champion and seconded by Wi 1h,irn 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. d oc
M-~
5e 6
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044
RESOLUTION NO. 10-126
RESOLUTION SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE
ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost for
the construction of the above-mentioned project is to be held on the 10th day of May, 2010,
at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 27th day of April , 2010
~~ ~~`
MAYOR
ATTEST: ~ ~~~ ~,_. r~
CIT ~ELERK
Approved by
City Attorney's Office `~~zd ~i~
pwengVes\Sen iorCenterRoof-setph.doc
4/10
Resolution No. 10-126
Page 2
It was moved by Champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES:
x
~.-
~-
~_
~_
~.-
x
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
1 04-27-10
5e 7
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-127
RESOLUTION SETTING PUBLIC HEARING FOR MAY 10, 2010, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1516
SHERIDAN AVENUE.
WHEREAS, in 2000, the City allocated FY01 CDBG funds to anon-profit to acquire a child
care facility at 1516 Sheridan Avenue; and
WHEREAS, in 2005, the child care business failed and the non-profit deeded the property back
to the City in lieu of foreclosure; and
WHEREAS, after leasing the property for three years, the City listed the property for sale; and
WHEREAS, the City now proposes to sell 1516 Sheridan Avenue to an income eligible buyer
for the principal sum of $130,000, less a $4,000 roof repair allowance; and
WHEREAS, this sale would provide the opportunity for an income-eligible family to obtain
ownership of their own home; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
1516 Sheridan Avenue, Iowa City, Iowa, also known as Lots 12 and 13, Block 9, Rundell
Addition, for the sum of $130,000.
2. A public hearing on said proposal should be and is hereby set for May 10, 2010, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
It was moved by Chamvion and seconded by Wi 1 burn the Resolution be
adopted, and upon roll call there were:
Resolution No. 10-127
Page 2
AYES
x
X
~_
x
x
x
x
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Passed and approved this 27th day of April , 2010.
. ~9 .,
MAYOR
ATTEST: ~?~.c~-t.J
CITY LERK
Approved by
City Attorney's Office
a~t,~.- {
L
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-128
RESOLUTION SETTING A PUBLIC HEARING FOR MAY 10, 2010 TO
APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT
DEVELOPMENT SUBDIVISION- PART TWO AND TO CONSIDER A
PROPOSAL TO CONVEY SAID PROPERTY.
~~~ .
!~~
WHEREAS, The North Airport Development Subdivision -Part Two includes commercial lots which have
been marketed for sale to the general public; and
WHEREAS, City has negotiated a purchase agreement with Van Meter Industrial, Inc., a copy of which
agreement is attached, that requires City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council does hereby declare its intent to approve the attached purchase
agreement between the City of Iowa City and Van Meter Industrial, Inc. for the above-
referenced property and to convey said property in accordance with said agreement.
2. A public hearing on said proposed agreement should be and is hereby set for May 10,
2010 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa
City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public
hearing to be published as provided by law.
Passed and approved this 27th day of Anril , 2010.
ATTEST: a~J ~- ~=~a~
CI--T~~~~ERK
~~
MAYOR
Approved by
City Attorney's Office
Resolution No. 10-128
Page 2
It was moved by Champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdata/glossarylresolution-ic.doc
COM~tERCIA,LINt7N•RESIUENTIgi, OFFER FOR REAL I;,STATty
(Inrtuding Arceptanee, Arknawledgemont)
This form approved by the Iowa Clry Area Association of REAL7'ORS4C
'1'iME -...,,,,..,,,. (._.) am (_) ptn SATE 01~ OI'FER t)3/74~1 ~~0
1. CbG~;k utl boxes that apply to this offer.
2. IIYSCIaOStJRE CONFIRMATfUNS.
A. AGiriVC$ 8y sighing baluw BUYER and SEI.LFR confirm thot;
u. written discloautoa of tsgoncy roprt:scntationwoee provided to them,
b. they ut>dorstu>H# sntd roprescntatlan,
c, the disclosuros were pmvided pritu to signing this OfTcr for (teal I?state.
b, REQUIJ C LET ORM AOCUMENTS. BUYER and SELLER request that BRpKER
scku d cu c ~ awed by law,
BUYER AA ~'.~' .2 ti~~ «u{~yr~ SCI.C.ER & DA'I'S
BUYER 8t AATB SELLER & DATE
3. OFN'ER'i'Q; (hwain designated as SELLF,R},
`17te undersigns: {herein designated as SUYBIi)
hereby nffar to buy'Shte real property situated in ~Iohns~n County, Iowa, I,ocatad at, and
briefly dest,rlbett towp, and foElowing the Icgal dtscrip-
tian cantaintxl iu ttta title dvournent by which the SELLER rtcoivtd dtla to the property, subject to approval of BtNER'S
attot,~cy, ar dasc:'ibod as fellows;
horcinaRcrdesignatod as "Prppexty" tog0thot`with any aasontents and serviant estates appurtenant thert:ta and subject to zan•
ing resirirtians, restrictive cavanat)ts, easoi»onts, anti mineral rasetwatlan, if any, subject. however, to the Boyar's prvpewy
in~roatlgtuian rights sct'forth in paragraph fi(g) and provided Buytx, an possession, Ia permkted to mako the P4Aowing use
of the Real I:State:
l3U~lER agrees to ply Yau fo,r such prapcrty the sure of ~
( ~ ,
),
TIC PtJRCti,ASE l'RICS &hall bt: paid as follows: $ x.541).00
(_Thlrty Five Nuttidr~ poga~and n_e ~~5~_ ,) (a ~ held to trust b ""r"""-'
(,G,} 3Ek,)i~ER'S (,~„) BtIX~sR'6 f_..l both SEI,LRIt'S and BUXER'S Agent (hereinafter tcfernd to es "Broker' or
"Agent'y or (,•J AN CRAW COMPANY, and credited toward the purchase price atriasing, pending dcfivcry of final
papot~s and the 6alanee upon delivery of warranty dtted or upon t>xecutian of a real estate contract as hereinnRcr provided.
Etu~tcstntoney st:hoduled to be hold in extras of 90 days And ht an amount squat to or exceeding 57,500,04 shall be placed
in an tutercSt- ~ ing aae:aunt 4vith intercat accruing in l~avar of (_,,,) tiUYRR {,,, gRI,L~~ 3S~ , or ?;ed ;D#~;
-•-•-~-----~ .The ttunt'`Bt'aker" shall also incladc Broker's: affiliated licensees (brokers and sales
persons). Tito terms "Ownor" andku "Steller"shall .include Seller or Vendor The tartn "Bt1I'Elt++ she!! include Buyer ar
Vendto, Tire tsrtns "sell" and "sate" shall include sale, exchange ar option, 'The haleness of this purchase price sbgil ba
pAld as designated below:
Cheek fire appropriate boxes, (A) ur (H) or (C) ar (D)
(/) A. CASH to be paid an settlement data This offor is net cotst(ngent upan•Bt1YER obtaining
f9nancing. SFL.L.ER has the right to receive verification of flsnds.
(,....> H. NEW MCtRTtsAG`Et This contract is conti»geal upon the BUYFJR obtaining a banaFidc cosntninncnt for
(__) Conventional (~) ARM (,)
Other
9UYCR(sl,,,~,~,, and 5t~.,LGR(s) , uckno~v)cdgo they Iwvc rcod this paltu. Pnge I of 7
(1nitlutx) nttintsl
TINANCING TERMS: This Agreement is contingent upon the BUYER obtaining a written commitment firr a first coal
estate mortgnge far % of the purchase price whit interest on the promissory note secured dtc-tby afoot more than
°lo amortized over a term of trot less than years, with a balloon due date of not less than years.
BUYER agn:es to pay no more than crb for loan origination fees and points, and to pay in addition ;dl other cus-
tomary loan costs. BUYER agrees upon acceptance of this offer to immediately make application for such mortgage
with a commercial mortgnge lender and to exercise good Faith efforts to obtain a mortgage commitment as above pro-
vided. Upon receiving written loan commitment (supported by the lender's required appraisal), BUYER shall release
this contingency in writing. IF BUYER has not obtained a written mortgage loan commitment containing the above
terms or other terms acceptable to BUYER, on or before the day of , 20,_
either SELLER or BUYER may declare this Agreement null and void and all payments made hereunder shalE be
returned. BUYER shall pay the balance of the purchase price at the time of the closing by combination of BUYER'S
personal funds and the net mortgage proceeds.
(~,) C. ASSUMPTION OF MORTGAGE OR CONTRACT: see "Addendum to Commercial Real Estate Purchase
Agreement" attached and made a part of this contract.
(.^) D. INSTALLMENT CONTRACT: see "Addendum to Commercial Real Estate Purchase AgreemenP' attached
and made a part of this contract.
~. OTHER TERMSJCO~I'I'Ilht^,ENCIFS/SPECIAI, PROVISIONS (i.e., any subf cct to sate, including inning permits, util-
ities, onvironmentai assessments, etc.):
Optional Conditions: Provisions a through g, if initialed by BUYER, are included in this Agreement:
a. SURVIrY, Upan acceptance of thts offer, BUYER may have the property surveyed by a licensed SatveyUr at
the expense of the (_} BUYER, U SELLER. The surveyor shall set and flag nil property pins, to be
approved by BUYER before If the survey, certified by a Registered Land
Surveyor, shows any encroachment on said property or if any improvements (not excluding landscaping, plant-
togs or fencing) located on the subject property encroach on lands of others, such encroachments shall be treat-
ed. as atitle defect.
b. SOILS TEST. Upon acceptance of this offer, BUYER shall have tlresight to have soils investigations can-
ducted 6y a licensed soils engineer, including, but not limited to, percolation tests, to ascertain whether the
property is suitable for the improvements which BUYER intends to make. All expeusos for the tests shall be
borne by (,~ BUYER, (__) SELLER. BUYER shall be responsible far the repair mrd restoration of any
damage to the properly which may be caused by such tests. If in the reasonable opinion of the sails engineer,
the property is not suitable for the proposed development, this Agreement, at the option of the BUYER,. may
be terminated attd all earnest money shall be refunded. BUYER shall be deemed to have waived this condioon
unless wdlten notice to the contrary is delivered to SELLER'S agent within days of acceptance.
~• COVENANTS. SELLER shall provide the BUYER with the covenants within days of acceptance of
this offer. BUYER shall then ltavc days from receipt of these covenants to review and provide written
approval to SELLER'S agent. If BUYER does net approve covenants, then. this. off€r is null and void and alt
earnest money shall be rt`fuudcd.
d. WELL WATER TEST.. Upon acceptance of this offer, BUYER may, at Buyer's expense, obtain a water test
to determine if the well water meats the safety standards set by the State Hygienic Laboratory, BUYER shall
ba deemed to have approved said report unless written notice is delivered to SELLER'S agent within
days of acceptance. In the evem of disapproval, BUYER may terminate this agreenteat and all earnest money
shall be returned, ar BUYER may elect tt7 proceed with well investigations as rioted below
a WELL REPORT. Upon acceptance of this offer, BUYER tnayobtain a wall report of the existing well(s) from
a licensed well drilling contractor at the expense of the (,,,,~ BUYER, lJ SELLF,R. BUYER shall be
daemecl to trove approved said report unless written notice tv the contrary is delivered to SEI.LBR'S agent with-
in days of acceptance. In the event of an unsatisfactory report, amt if the matter cannot be resolved
behveen the parties within days of receipt thereof, BUYER may terminate t(tis Agreement acrd all comes(
money shall be returned.
f. SEPTIC REPORT. If the properly is served by a septic system, BUYER may, at ~ BUYER'S,
(.~ SELLER'S, expense, have the system inspected by a qualified inspector to determine if the system is
working properly, In the event of an unsatisfactory report, and if the matter cannot be resolved between the
parties within clays after receipt thereof, BUYER may temtinate this Agreement and all earnest money
slrull be returned.
_..._~. PROPERTY INVESTIGATIONS, Within days following acceptance of this offer, BUYER may con-
duct independent investigations of the following examples of conditions relating to the property;
6UYGR(s)_,.,t~, and SP.L,I,Ek(s) , ucknowlcdgo they haves read this page.
(Initials) (rnitialSl Pagc 2 of 7
(1) Zoning, other ordinances, general plan description, environmentally protected areas, master plans of
drainage, dedicadan of land For public use, topography, or other:
(2) Flood hazard zones. BUYER has been advised that the property U is, (_„) is not, (____) tnay be, in
an,area dtsignated as a flood zone. Plood insurance may be tequirai in order to obtnin financing,
BUYER is advised fo consult leader and insurance carrier.
(3) Availability of utilities and costs of development.
(4} Building Department requirements, fees, and casts of offsita and ottsite improvements.
(5) Any easements of -'ecord for public utilities, roads or tughways. Also consider liens, other easements,
and interests of others.
(6) Any mineral reservations.
BUYER shall be deemed to ]rave approved of said investigations unless written notice is delivered to
SELLER'S agent within days of acceptance of this Furcltase Agreement. Tn the event of disapproval,
BUYER may terminate this Agreement and alJ, earnest money shaA be returned,
5. ABSTRACT AND T1TLE. Within ..].$_days of final acceptance of this offer, S$LLER shall have the abstract for the
property continued to and including the date of acceptance of this offer and deliver it to BUYER for examination. $UY1.R
shall haveten (10) days from date of receipt ofAbstract to deliver a copy of his nttorney's title opinion to SELLERS, stat-
ing any objections to Title and only objections so stated shall be considet•ed. The abstract ahali become the property of
BUYER when the purchase price is paid in full and shall show Marketable Title as defined as one that is in compliance with
the Town State Bar Association Title Standards. SELLER shall pay costs of additional abstraMing and/or title work due to
act or omission of SELLER; or SELLER shall give evidence of title by;he purchase of an Owner's policy of tide insurance
for $UXER containing tarots and endorsements satisfactory toBuycr.
6. TRUST PAYMENTS. All funds deposited ns part payments steal t. be held by Broker in trust pending acceptance of this offer,
and examination of the abstract anJ delivery ofdeed or formal contract. BUYER authorizes the Lender financing this pur-
chase to pay all funds to Broker for the benefit of :SELLER-and SELLER aathorizes Agent to accept andmake payments
and disbursements. Attune of settlement, funds ofthe purchaseprice may be used to pay taxes, other Liens, and closing costs
to comply with the above requirements, to be handled under supervision of Broker, and subject to approval of BUYER on
title questions which may be needed. to produce marketable ti le, Before BUYER sfiall be entitled to refund of Earnest
Money, any actual expenses incurred on BUYER'S behnlf shnll be deducted therefrom and paid to the creditors entitled
thereto.
7. REAL ESTATIr TAXES. SPECIAL ASSESSMENTS.
Rent Estat: Taxes. SELLER shall pay all real estate taxes which are due and payable and consti wte a lien agninst the above
described Rea! Estate and. any unpaid real estate taxes for any prior years., Except for the tax proration hereinatler set forth,
BUYER. shall pay nil subsequent real estate taus. SELLER shall also_pay a prorated attare of the real estate taxes for the
fiscal year ending June 30, 20~,Q_ .and payable in the fiscal year commencing July t, 20 ,.1Q_, based upon one of the fol-
ln4ving formulas: Select (A) (B) or (C),
(.~} A. vet taxes payable in the current fiscal year in which possession is given to BUYER. (Do not select this
nlternative if the cutYent year's taxes arc based upon a vacant lot-or partial constmction assesmmnu.
(_} B. Net taxes paid in the current fiscal ycrtr of possession {plusltninus) 85 thereof.
(_) C. An amount calculated based upon the assessed valuation, legislative tax rollback. and real estate tax exemptions
that will actually be applicable to and used for the calculation of taxes payablei» the fiscal year commencing
July !, 20 ^, If. lit the time of closing, the tax hate is not certified, then the mast current, certified tax rate
shall be used.
Spec[a[ Assessments. Select (A) or (B)
U A. SELLER shall pay all special assessments which are a lien on the Real Estate as of the date of closing.
(,,,.-) B. SELLER shall pay all installments of special assessments which are lien on the Real Estate and, if not paid,
would become delnrquent during the calendar year this offer is accepted, and all prior installments ttacreof. All
other special n&sessments shall be paid by BUYERS,
8. POSSESSION. Tf BUYER timely performs all obligations, possession for the Real Estate shall be delivered to BUYER on
dune 1 20 ~ with any adjustments of rent, taxes, insurance, interest, and
other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur aflcr
approval of title and vacation of the premises by the SELLER, in the condition ready for BUYER'S possession. Possession .
shalt not be delivered to the BUYER anti[ completion of the closing, which shall mean delivery to the BUYER of all title
transfer documents and receipt of the purchase price funda then due from BUYER. If by mutual agreement the parties select
a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof.
$UYER(s) ~ ~ ,and SELLfiR(s)_ . ocknativlcdge they love read this page.
(rniiluis) (burials) Pagc 3 of 7
4. INSURANCE, SELLER shall bear the risk of lass or damage to property prior to setUcment ar possession, whichever first
occurs. SELLER agrees to maintain existing insw•attce and BUYER may also purchase insurance, In the event of substan-
tial damage or destruction. prior to closing, this Agreement shad be nttll and void unless otherwise agreed by the panics.
BUY1±R, however, shell have the right to complete the closing and receive insurance proceeds regardless of the extent of the
damage. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition
at or before closing date.
10. INCLUDED PROPERTY (if any). All property that. integrally belongs to, or is specifically adapted to, or is part of dre real
estate (except rental items), whether attached or detached, such as wall to wall cerpedng and vinyl, light fixtures and bulbs,
ceiling fan(s), mirrors, shelving, shades, rods. blinds, avnings, storm windows, storm doors, screens, plumbing fixtures,
sump pump, water heater, water softener, automatic beating equipment, fuel tank, air conditioning equipment except win-
drnv), door chimes, alarm devices.. built=in items and electrical service eable/feneing, gantge door ppener and controls},
other attached fixturos, radio and/or attached TV receiving equipment, fencing, trees, bushes, shrubs, plants, appurtenant
savctures or egaipmenl, storage buildings, voice/data Fvirutg and ports, pre.wired security systems, electronic cable, fenc-
ing, shelving, gates, landscaping, and rural water membership shall be considered a part of rent estate and included io this
sale,
II. OTIfER INCLUDED ITEMS, INCLUDING MACffiNERYAND EQUIPMENT;
valued at $ ( _
purcbau price. ~ }, of rite total
EXCLUDED PROPERTY, MACHINERY AND-EQUIPMENT: ~_
I2. PERSONAL PROPERTY AND DEBRIS, SELLER agrees to remove all debris and alt persona! property not included
herein from the property by possession date unless there is a prior written agreement by the parties.
13. DUTIES OF PARTIES:
a. SfiLLER and BUYER acknowledge and agree that BROKER(S), affiliated licensees and entptayees:
(1) must respond. to all questions of the parties; however, they are not required to discover hidden defects or give
advice on matters outside the scope of their teal estate license;
(2) make no rapresentauons or warranties as to the physical or mechanical condition of the property, its site, value,
future value, income potential, whether the basement is waterproof, etc.; SELLER AND BUYER are not relying
upon any such rcpresenttuions.
(3) are not qualified to advise on questions concerning the condition of the properly, the legal sufficiency, legal effect
or tax consequences of this documsnt or transaction, For such matters. SELLER and BUYER are advised ro
consult the appropriate professional(s),
b. SELLER and BUYER aclatowledge that the SELLER of real property has a legal duty to disclose IvIATERIAL
ADVERSE FACTS and MATERIAL DEFECTS of which SELLER lots actual knowledge and which a reasonable
inspection by BUYER wrJUld not. reveal BUYER has the right to obtain any inspections, survey and measurements at
BUYER'S expense,
14, JOINT TENANCY IN I'ItOC$)aDS AND IN SECURITY RIGHTS. IN REAL ESTATE, If SELLER, immediately pre-
ceding this offer,. holds title to the property in joint tenancy, and such joint tenancy is not later destroyed by operation of law
or by acts of SELLER, then (lf the proceeds of this Sala, and any continuing and/or recaptured rights-of SELLER in real
estate shall be and continua In SELL1lt as joint tenants with rights of survivorship and not as tenants in enmmon; and (2)
BUYER in the event of the death of either SELLI~It agrees. to pay any balance of the proceeds of this sale to the survivrng
SELLER and to accept deed from such surviving SELLER,
I5. CONDITION OF PROPERTY,
A. The property as of the dpte of this agiEement including buildings, grounds, and all improvements will be preserved by
SELLER in its present condition until possession or closing, whichever takes place first, ordinary wear and tear
excepted.
B, SELLER warrants them are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or under-
, ground storage tanks, and that property is under no governmental scrutiny for these items.
C. SELLER assures heating and air conditioning systems, plumbing system, nil appliances and all other mechanical equip-
ment, included as pm•t of the purchase price, will be in working condition as of either the date of possession or closing,
whichever takes place fast, with lire folIa~viug exceptions (if Wane so state);
AUYER(s)~~ , and SELLER(S) , acknowledge they bout read this page.
(Initials) {Initials) Page d aC7
U. if this property is sold and purchased in nn "as is" condition, Paragraph 15C, dons not apply to this sale and the prop-
erly is sold and purchased without a general warranty, including but not limited to wananty of fitness, freedom tiom
defects, suitability of purpose, or that the building or any of its included components including heating, air-condition-
ing, ventilating, plumbing, cletarical and other systems therein are in operathtg condilions, The BUYER acknowledges
that he has relied on no representations as to the condition or qualify of the properly being sold and purchased herein
by either the SELLF_lt nr S T FR~anPnrc and representatives. The I3U1(EYZ shall have no right an the execution
of this agreement or subsequent to the delivery of the title transfer documents to lire BUYER to assert any clnitn
related to the property at any time thereafter and this provision shall survive delivery of deed to the BU t . It
is agreed between the parties that this property !s being sold and purchased in "as is" condition.
Buyer's signature Seller's signature
13. BUYER shall be permitted to make a 4valk through inspection of the property prior to possession or closing, whichev-
er is sooner, in order to determine that there has been no material change in the condition of the property except those
mutually agreed upon. Unless it is new construction, tit the time of closing or possession, whichever occurs sooner,
9UYE125 will accept property. in its present wndidon without further warranties or guarantees by SELLERS ar BRO-
KER conccrningthe condition of lire property, This, however, shall not relieve the Seller of any liability for any wndi-
tions that are defined its latent defects. A talent defect is one which is not apparent to the Buyer upon reasonable, care
ful inspection of the. premises and which is known to the Salter and not disclosed as a defect.
E New Construction: Tf the improvements on the. subject property are under construttion or are to be constructed, this
Agreement shall ba subject to approval of plans and specifications by the parties within days of final accept-
ance of this Agreement. This Offer to Purchase is not a construction contract. The contract for construction will be a
separate agreement between ttte Contractor and BUYER. which wilt set forth ail of the terms, conditions and specifics-
' lions of the property to be constructed. Broker(s) and employees make no warranties as to the quality of construe
lion nr materiels nr any warranty of habtabflity.
G, BUYER is advised to have property inspected by professional inspectors, If improvements on the property have
been previously occupied, BUYER may choose one of the following alternatives relative to the condition and quality
of the property;
{1) Within days after lire tinat acceptance date $UYER may, at BUYER'S sole r'xpense, have the prop-
erty inspected 6y a qualified person ar persons of BUYER'S choice to determine If there are any sn•uctural,
mechanical, plumbing, electrit:al, or environtnenusl deficiencies, including hazardous materials, substances,
conditions, or waste.. BUYER to indemnify SELLER for any damage resulting From environmental inves-
tigation. Within this same period,.BUYER may notify SELLER in tivriting of any such deficiency, Failure to
da so shall bo deemed a waiver of BUYER'S inspection and repair rights and BUYER agrees to accept the
property in its present condition. In the event of any claim ar demand by BUYER. as a result of inspections,
SELLER shall within 72 hours of notification declare andcommence-one of the following options: (a) mak=
ing said items aperatlanal or functional a' otherwise curing the deficiency, or (b) amending ties agreement
by giving BIJYBR a credit For the cost of curing the defi;eicacy, or {c) canceling this agreemcntand refund-
ing BUYER'S earnest money deposit or any sums paid directly to SE,L.LER. If SELLER does not prompt-
lycure all suci- ifefit:iencies in a mannermuiunlly agreeable and confirmed by written addendum, signed by
rite parries (either pursuant to parenthetical a rn• b above), then BUYER may declare this offer null and void
and shall have the right ro all payments returned. Ifthe.propettp is being sold andpurchased in "as is" con-
dition as acknowledged by signatures above, and if the Buyer elects to conduct inspections, said Inspections
are for the purpose of determining if the Buyer wishes to continue with the purchase of the property only,
The Seiler is under no obligation to remedy any deficiencies and failure to do sa shall eat be a considera-
tion for voiding the contract. If the13uyer does not approve of information discovered in the inspection, then
this offer is null and void niid all earnest money shall be returned,
(2) HUYTR has verified any Euformation that is impnttant to BUYER by an independent investigation and/or
independent inspector. Further, BUYER acknowledges that BUYER has made a careful and satisfactory
inspection of the property and is purohasing the property in its existing condition.
16. WOOD-DESTROYING PEST 1NSPECT70N. BUYER tnay request a pest control inspection by a licensed pest inspee-
torwithin days after acceptance of this Oder, which shall be done at BUYER'S expense (except as othcnvise agreed
in writing). Should evidence of termites or wood destroying insects be found, the property and structure(s) may be treated
by a licensed pest exterminator in as appropriate manner at SELLER'S option, and shall include ail treatment and repair rea-
sonably required by BUYER. BUYER agrees to accept treated and repaired properly, or, prior to lire conrnrencement of
l3UVLR(s)~ '~ ,and 5L~1,[-bR(s) , acLnowledgc tI>cy havo mad @us pogo,
(Initials) (Initials) Pagc S of 7
treatment turd repairs, shall have the option of deolaring this Agreement null anti void and be entitled to full return of the
earnest money, 'T'his provision does not apply to fences, trees, shrubs, or outbuildings other than garages.
I7. LEASG TERMINATION. If indicated by "Yes" in the Following space
ER at SELLER'S expense to tennlnate all rights of existing tenants so BUYER shallthave sole possession sled atf clns a
SELLER shall exhibit evidence sadsfactoryta BUYER of such termination. SBhLER shall furnish copies of a(Ueases and
agreements between Tenants and SELLER and this offer („~ is {,) is not subject to BUYER approving said lenses and
agreements by (date) 2d~
18. REME[lIES OF THE PARTIES . FORFEITURE _ FORECLOSURE • REAL ESTATE COMMISSIONS,
a, IF SELLER fails to fulfil! thisAgt+eemant, SELLER will pay to Btbkertlta professional service fee (if any) in full ns
stated in the Exclusive Listing Agreement nr other written commission agreement corresponding [o the property, and
BUYER shall have the right to Gave all payments returned ur to proceed by art action or actions at law or inequity.
6, If BUYER faits to fulfill this agreement, BAYER will pay to Broker the professional service fee (if any) .in full as
stated within the BUYER Agency Agreement or other written commission agreement and all payments by BUYER
may he fw•feited lard retained by SE[ LER as provided iu the Cade of Iowa,
c. In addition to the foregoing remedies. BUYER and SELLER each shall be entittt:d to any and alt other remedies, ar
action;; ut law or in equity, intaudiag foreclosure, sad the party at fault shall pay costs and attorney fees, and a
receiver may be appointed.
19. CQURT APFROVAL. H the property is an asset of any estate, trust, conservator-ship, or t>rccivership, this contract shall be
subject to Court approval, ff necessary, the appropriate fiduciary shall proceed
promptly and diligently to bring the matter nn for h artng for o + approval, In this event, a CaarrOfficer'sDeed shall be
used. Tf this contract is not so approved by the day of
2U ,either parry may declare this contract null and void, and all payments made here under shall be returned.
24, DE1;D. Upon payment of purchase price, SELLER shalt convey tide to Buyers or their assignees byWarranty
deed, free and clear of liens and encumbrances, reservations, exceptions or modifications
except as the instrument othanvise expressly provides, AJl warranties shat! txtend to time of nt>ceptance of this offer, with
special warranties ns to acts of SELLER up to time of delivery of decd.
21. GENlvRAL PROV[S[ONS. In ttte perfotmattce of each part of this agreement, time shall be of the essence. This Agreement
shut! be binding on and inure to the benefit of the hears, executors, administrators, assigns and successors in interest of the
respective parties. This Agreement shall survive [he closing, paragraph headings ere For the converriepce of reference and
shall not limit nor affect the meaning of this Agreement. Words and phrases herein,-iatiiuding anyacknowledgement here-
of, shell he construed as in the ingutar or plural number, and as tnascu)ine, feminine or neuter gender, according to the con-
text.
2Z. NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received either by hand delivery,
facsimile, electronic communication or certified mail, Persons designated for receipt of any notice shat! be SELLER{s) and
B UYER(s) at the addresses set Earth below or their BROKER or Agent. Electronic or facsimile transmission sent to the other
party nr to the appropriate BROKER, followed by alectranic or faxed acknowledgement of receipt, shall constitute delivery
of signed dactunent.
23, ENTIRE AGREEMENT This document contains the entire a,reement oi' the parties and supersedes ail prior Offers with
respect to the property. This Offer may be modified only by a written agreement signed and dated by both parties.
24. MEDIATION. Ia the event of a dispute, BUYER and SELLER agree to Consider mediation as an alternative to initiating
legal action. The mediation wilt be conducted itt accardancc with the rules and procedures of a mutually agreed mediation
service. Even when utilizing mediation, parties may stilt seek9egal remedies.
2S, OTHER I'ROVI5IONS. Ali other provisions, if any, shall be by addendum or amendment to this Agreement,
26, INDEMNITY !f a mutual ntisttike regarding the rights and obligations of the parties is discovcted after closing, that mis-
takeshall be catrected by a mutual agreement. If the error is a monetary mistake, it is [o be assessed and immediately col-
lected fintn the party ot9giaally legally liable.
27. ADDITIONAL PRUWISIONS.~hir ntirrh~sP bra mPnfi is t~hiac-4- t- van nrtpr
nrrh,3gp a~YPPmwnt
IIUYL•Afs)- ~~, and SGLLHR(s) . ucknowledgo they hove tend this pugs.
(Initials) (iniriuls) Pi~gC 6 of 7
28. ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale anti purchase of the above described
property and the professiopnl servioe fat(s) shall be due to the Agent(s) in accordance with the T?xclusive Listing Agreement,
BUYER Agency Atrreameat ar other -vriucn commission agreemept, bottveeb either party and their Agent(s}, This Offer
shall not negate ar change any of the conditions or terms of said Agrcameat(s), which, by thlsraference, sha11 remain in faU
force and effect Utruugh ttte closing, Tf this offer is not nett tad b SEL
• P y LER nn or bafora_________r_ ~) am or (_) pm
.20 , it shell 6ecoma nut! and void and the initial paymeat shall bo repaid.
~~~v"BU ER withou inhility on the part of said Agent(s) to either party.
I Y~ ~/slpfKrat•~EL 2.
•- d EUYER
AADRG55 P,, ,,
CITY, STATE. ZIP
PHONI:
ADDRESS
CITY STATE, ZIP
PHONE
This offer is accepted
20_____~at (A.Ivl., P.M., Naon)
f.
SGLLGR
ADDRESS
CITY, STAT[. Z[P
PI~ONC
1'OR INFQItMAT10N ONLX
SELLER ACl'{NOWLEDGBS RECEIPT' OF THE OFJ~I?R
(llA'E'G)
Z
5F:LL&R
ADDRESS
CITY, STATE, ZIp
PIfONE
(TIM)r) (INfl7At.S)
Tlto SCLLER5 in this trnnsactiap ar((c~Irepresented by:
(Agent/Bmkernge Names)
11tc B DYERS in this transacGOn are ropresented by;
{AgtntlB ro ketage Karnes)
Entail;
Faz:
E-t»sil•
Fax:
IiUYF;R'S Attorney
SELLERS Attorney FaX:
Abstract location
Mntlgnga ~yith
Fax:
This is a iagaily biadiug contract. Tf not understood, consult with the Itewyar of your choice, Receipt of a copy of tltls
agrcentent is ncknowiedged by the parties hereto.
C3UYER(s)_T~~, and 55l.LCR(s)
( nltlals) (Initials) ~ acknntvlcdge they Iruvc road this pogo.
Pngc 7 of ?
rti'sOr 4/09
Purchase and Sate Agreement
Page 1
C(}UNTER-OFFER
TO: VAN METER INDUSTRIAL, INC. ("Buyer"}.
The City. of Iowa. City, Iowa, a municipal corporation {"City"), makes the. following Counter-Offer to the
Comn~erciaUNon-Residential Offer for Real Estate dated March 24, 2010.
1. Change in purchase price: ~13$o+eoo.~'~ D~
2, Change in possession date: June 15, 2010.
3. Seller (:ontingency:
a. This counter-offerand the. City's obligations under this agreemen# are contingent upon formal
approval of the City Council for Iowa City, pursuant to Section 364,7 of the Code of Iowa.
b. This counter-offer is contingent on Buyer executing an agreement to satisfy the conditions of
the FAA,release that allows the City to sell the property.
4. All other terms of the CommerciaUNon-Residential Offer for Aeal Estate dated March 24, 2010 shall
remain thc.same.
~3
5. This Counter-Offer shall e~ire at 4:00 p,m. Apri1~2010.
Accepted this ~~ day of 7~~~' i L , 2010.
ACCEPTANCE
The C ' t f ~~
t
:':
i y o Iowa City ( City') accepts the Buyer's counter j,
to the City's counter-offer set forth above.
i;:
i7 CITY OF IOWA CITY I WA SELLER
Date - ;
By: f'
Da e Hells terim Ci y Manage~•!
I
a
M~ ~ - -
5f 1
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO.
10-129
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 1973 SHERMAN DRIVE, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the
owner of the property on November 10, 2009, and recorded on November 16, 2009, in
Book 4527, Page 342 through Page 347, in the Johnson County Recorder's Office
covering the following described real estate:
Lot 9, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof,
recorded in Book 48, Page 132, 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 the 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, Iowa City, Iowa.
Passed and approved this 27th day of April , 20 1 ~
~~
MAYOR
Approved by
ATTEST: ~ Q'~~
CI L-ERK City Attorney's Office
Resolution No. 10-129
Page 2
It was moved by Champion and seconded by [ti7i 1 hi~rn the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
x Champion
x Dickens
~ Hayek
~ Mims
X Wilburn
~_ Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank
and Trust, Hills. Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the
amount of 53 970, and was executed by Matthew J. Visek, (herein the Owner), dated November
10. 2009, recorded November 16. 2009, in Book 4527, Page 342 through Page 347, Johnson
County Recorder's Office, covering the following described real property:
Lot 9, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in
Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $125,930 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 Mortgaqe
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 Mortgaqe 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 d'~ day of l~rc- , 20 `~
CITY OF IOWA CITY
Mayor
FINANCIAL INSTITUTION
By ~ )~~ ~ Y
15f~ ~P, L-c~n Uf~erct-i~c>r~~.
Attest:
,~
Cit k
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this .a7 day of ~P2r~ , 20 !Z7 ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared .~ 2~ :~: -~-1a ~-- 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 (Ordinance)
(Resolution) No. lam- /~~l passed (the Resolution adopted) by the City Council, under Roll Call
No. - - ~ of the City Council on the a7 day of APz1~ , 20 its ,and
that -N ~ and Marian K. Karr acknowledged the execution of the
instrument to be their vo ntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
„yaws SONDRAEFORT
i .~ Commission Number 159791 r
• My Commission Expires ~ ~~ 1 ~~
• ,oW ~ ao ~a Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
22 C~-~
On this J~ ` day of Ill ~(~~~.~ , 20~5,'~before me, the un ersigned, a Notary Public in
and for the State of Iowa, personally appeared }~ ~ to me
personally know , who being by me duly sworn, did say that he/she is the
Imo' ~ ~, 1 1'~ of -N"1l.lJ I~jCtl1LE~I~1,lS~fi ~-, that said instrument was signed on
ehalf of said corporation by authority of its Board of Directors; and that said
l ~ L ~ ,~~acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
Y MEgSIN6ER ~ `S
~~ ~~~~ ~~ ~yq~ Notary Public in and ~r he State of Iowa
. ~ ~
My Commission expires:
M~ 5f 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 10-130
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 217
BRENTWOOD DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the
owner of the property on November 20, 2009, and recorded on November 25, 2009, in
Book 4532, Page 394 through Page 399, in the Johnson County Recorder's Office
covering the following described real estate:
Unit 176-U, Mayfield Condominiums, Iowa City, Iowa, according to the Declaration
thereof recorded in Book 3468, Page 74 and the Declaration of Annexation
recorded in Book 4446, Page 304, Records of the Johnson County Recorder, and
any amendments thereto.
WHEREAS, University of Iowa Community Credit Union has executed a loan and is
securing the loan with a mortgage, recorded on December 9, 2009, Book 4536, Page
931, 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 the 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 27th day of April , 20~_
MAYOR ~~°
Approved by
Resolution No. 10-130
Page 2
ATTEST: Q~~ ~• `~
CIT LERK City Attorney's Office
It was moved by Champion and seconded by Wilburn the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Dickens
g Hayek
~ Mims
X Wilburn
x Wright
SUBORDiNAT1C'~N 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 of a certain Mortgage which at this time is in the
amount of 47 070, and was executed by Benjamin T. Patience (herein the Owner), dated
November 20, 2009, recorded November 25, 2009, in Book 4532, Page 394 through Page 399,
Johnson County Recorder's Office, covering the following described real property:
Unit 176-U, Mayfield Condominiums, Iowa City, Iowa, according to the Declaration thereof
recorded in Book 3468, Page 74 and the Declaration of Annexation recorded in Book 4446,
Page 304, Records of the Johnson County Recorder, and any amendments thereto.
WHEREAS, the Financial Institution has loaned the sum of $109,800 on a promissory note to be
executed by the Financial Institution and the owner, securing a mortgage, recorded on December
9, 2009, Book 4536, Page 931, 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. S!abordination. The City hereby ccveriarts and agreas with the Fig uncial 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 ~7 day of ~'~ ~ t-. , 20 !!~
CITY OF IOWA CITY
By
Mayor
FINANCIAL INSTITUTION
B ~
Donald R Wells/First Vice President
Attest:
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS;
JOHNSON COUNTY )
On this ____~^ day of Pit , 20 to ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Nta.-l~I,~~ ~J° k _ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, di~y that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. ia--- I.3a passed (the Resolution adopted) by the City Council, under Roll Call
No. °-------, of the City Council on the ~.7 day of ~pRs~ , 20 rO ,and
that _ __ and !Marian K. Karr aclcnouJledged the executio^ of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
o~iats SONDRAE FORT S~~- ~~
_ ~ Commission Number 159791 Notary Public in and for the State of Iowa
My Commission Facpires
ow aoia-
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 30th day of March _ , 2010 ,before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Donald R Wells to me
personally known, who being by me duly sworn, did say that he/she is the
First Vice President of University of Ia Comm CU ,that said instrument was signed on
behalf of said corporation by authority of its Bvard of Directors; and that said
Donald R Wells ackno~Nledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by hirn/her voluntarily executed.
Notary Public in a' for the State of Iowa
,~k CONNIE J. WELK Connie J Welk
o ~. Commission Number 720951
My Commission Expires My CommISSIOn expires: February 14, 2012
ow _ `~
'~$ 5f 3
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. 10-131
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 1910 SHERMAN
DRIVE, 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 19, 2009, and recorded on November 24, 2009, in
Book 4531, Page 586 through Page 591, in the Johnson County Recorder's Office
covering the following described real estate:
Lot 16, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof,
recorded in Book 48, Page 132, 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, recorded on December 2, 2009, Book 4534, Page
412, 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 the 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 27th day of April , 20 l0
~L ~ _
MAYOR
Approved by
Resolution No. 10-131
Page 2
ATTEST: ~~~~ /~
CITY CERK
~z-~~
City Attorney's Office
It was moved by (:ham~i nn and seconded by wiiburn the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Dickens
~_ 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 owner and holder of a certain Mortgage which at this time is in the
amount of 53 970, and was executed by Ashley Ann and Saul Guerrero (herein the Owners),
dated November 19. 2009, recorded November 24. 2009, in Book 4531, Page 586 through Page
591, Johnson County Recorder's Office, covering the following described real property:
Lot 16, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded
in Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $125,930 on a promissory note to be
executed by the Financial Institution and the owner, securing a mortgage, recorded on December
2, 2009, Book 4534, Page 412, covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortpage
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 Mortpage 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 Mortpage 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 .AP2 ~ i-- , 20 J d
CITY OF IOWA CITY
Mayor
FINANCIAL INSTITUTION
/~~
sy ~~,
Donald RWells/First Vice President
Attest:
'`~~
City Jerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this ~'1 day of ap2tt--- , 20 ! D ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared _IV~,,~,a2~ . t1C- and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say th they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. /b - !3( passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the d ? day of J~PQ ~ t_ , 20~, and
that MattkQ.,~ ~': ~Nc..u~t~ and Marian K. Karr acknowledged the execution of the
instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
,SW'u SONDRAE FORT S~~ ~~.b
o ~, Commission Number 159791
• Mycommissi~ fptres Notary Public in and for the State of Iowa
0
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this 15th day of April , 20 10 ,before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Donald R Wells to me
personally known, who being by me duly sworn, did say that he/she is the
F;,-~+ v; ~P PYPRI C~Pnt of u ofI community Credt uni,o~pat said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
Donald R Wells acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
r
z~l~~ - .
,~-y -~- ~ ~ - ~~~~. e~~~~_-.---'
Notary Public in and fd the State of Iowa
~ CONNIE J. WELK
o~ ~ Commission Number 720951
• My Commission Expires My Commission expires: ,~ ~ ~~ " "~~~ ~~
U4-L / -7 U
~''~"~ 5f 4
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
RESOLUTION NO. 10-132
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS .REGARDING A MORTGAGE AND
A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 303 3RD
AVENUE, IOWA CITY, IOWA.
WHEREAS, on January 31, 2006, the owner executed a mortgage with the City of Iowa
City to secure a loan; and
WHEREAS, on August 17, 2006, the owner also executed a promissory note; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release the liens.
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 Liens for recordation, whereby the City does release the property
located 303 3~d Avenue, Iowa City, Iowa from a Mortgage recorded February 6, 2006,
Book 3989, Page 260 through Page 265; and from a Promissory Note recorded August
23, 2006, Book 4073, Page 802 of the Johnson County Recorder's Office.
Passed and approved this 27th day of Aril , 20._10__•
MAYOR
Approved by
ATTEST: .~~ `~ ~astit/
CICI-~T~RK City Attorney's Office
It was moved by Champion and seconded by wi 1 hiirn the
Resolution be adopted, and upon roll call there were:
Resolution No. 10-132
Page 2
AYES: NAYS: ABSENT:
X Bailey
~_ Champion
X Dickens
x Hayek
x 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
Mortgagors-: David Stephen Engelstad
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 303 3rd Avenue, Iowa City, Iowa, and
legally described as follows:
Lot Eleven (11), Dunlap's First Addition to Iowa City, Iowa, according to the recorded
plat thereof.
from an obligation of the owner, David Stephen Engelstad, to the City of Iowa City represented
by a Mortgage recorded February 6, 2006, Book 3989, Page 260 through Page 265; and from a
Promissory Note recorded August 23, 2006, Book 4073, Page 802, of the Johnson County
Recorder's Office.
This obligation has been recaptured 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: ~~~,~ ~ ~~~2%r/y
CICI-~ERK
STATE OF IOWA )
SS:
JOHNSON COUNTY 1
MAYOR
Approved by
~°~-,r~
City Attorney's Office
On this d ~ day of A P2 t L , 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./b~Zradopted by the City Council
on the ~_ day ~P(~l L , 20 !D 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.
SONDRAE FORT ((~~
_ ~ Commission Number 159791 ~•~--nc:~'tlt~ t'~
My Commission Expires Notary Public in and for Johnson County, Iowa
ow ~ 3 ~ a.~ r
M-I~ 4- -
5f 5
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 10-133
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 1911 H STREET, IOWA CITY, IOWA.
WHEREAS, on April 11, 2005, the owner executed a Mortgage to secure a loan; and
WHEREAS, the terms of the loan have been satisfied; and
WHEREAS, the City of Iowa City should 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 1911 H Street from a Mortgage, recorded April 22, 2005, Book 3866, Page
766 through Page 771 of the Johnson County Recorder's Office.
Passed and approved this 27th day of April , 2014_
~~
MAYOR
Approv
~ ~ ~- ~r ~ _. ICS
ATTEST:
CITY`ELERK City Attorney's Office
It was moved by Champion and seconded by Wilburn the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
g Dickens
x Hayek
x Mims
x Wilburn
~~ 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
Mortgagor(s): Tracy L. Daby
Mortgagee: City of Iowa City
RELEASE OF L/EN
The City of Iowa City does hereby release the following property located at 1911 H Street, Iowa
City, Iowa, and legally described as follows:
Lot 3 in Block 31, in East Iowa City, Johnson County, Iowa, according to the recorded
plat thereof, subject to easements and restrictions of record.
from an obligation of the owner, Tracy L. Daby, to the City of Iowa City represented by a
Mortgage, recorded April 22, 2005, Book 3866, Page 766 through Page 771 of the Johnson
County Recorder's Office.
This obligation has been satisfied 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 -
SS:
JOHNSON COUNTY )
~`r~~
MAYOR
Ap prov~i ~~
`~~~~`~G
City Attorney's Office
On this ~ day of ~-PrL.I L , A.D. 20S O ,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.io--~33, adopted by the City Council
on the _~ day ~~~r I^ , 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.
,~^rs SONDRAE FORT C
_ ~ Commission Number 159791 Ss~r<G- 1
My Commission F-~cpires Notary Public in and for Johnson County, Iowa
iow
M~8
5f 6
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 10-134
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO AMENDMENT TO TWO AGREEMENTS BETWEEN CITY OF IOWA CITY AND STANLEY
CONSULTANTS, INC.
WHEREAS, the City of Iowa City has entered into two consultant agreements with Stanley
Consultants, Inc. to provide flood protection plans and recommendations for the Parkview
Terrace and Idyllwild neighborhoods;
WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds,
must adhere to federal procurement requirements;
WHEREAS, FEMA requires that said requirements be incorporated into all contracts for
HMGP related services and purchases;
WHEREAS, the two consultant agreements do not include the HMGP procurement
requirements; and
WHEREAS, it is in the best interest of the City to amend both agreements to include the
federal procurement requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest to two originals of the attached
Amendment to Two Consultant Agreements between the City of Iowa City and Stanley
Consultants, Inc.
Passed and approved this 27th day of April , 2010.
ATTEST: .~
CI LERK
/~... S~
MAYOR
Approved ~
City Attorney's Office
Resolution No. _ ~ n-i ~c.
Page 2
It was moved by Champion and seconded by Wi 1 hiirn the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
X
X
~-
x
x
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
wpdatalglossarylresolution-ic.doc
AMENDMENT TO TWO
CONSULTANT AGREEMENTS
BETWEEN
CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC.
THIS is an amendment to two CONSULTANT AGREEMENTS made and entered into by and
between the City of Iowa City, Iowa, a municipal corporation, (City) and Stanley Consultants, Inc.
(Provider) in Iowa City, Iowa.
WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds,
must adhere to federal procurement requirements, including 44 CFR 13.36; and
WHEREAS, FEMA requires that said requirements be incorporated into all contracts for
HMGP related services and purchases; and
WHEREAS, the City has contracted with Provider to provide flood protection plans and
recommendations for the Parkview Terrace and Idyllwild neighborhoods.
NOW THEREFORE, the parties agree as follows:
The CONSULTANT AGREEMENTS are amended by adding the following new Paragraph C
in Section V in each agreement:
V(C). Federal Procurement Regulations
Provider agrees to adhere to the following requirements set forth in 44 CFR 13.36(1), as
applicable:
(1) Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms is set forth in Section III above.
(2) The Agreement may be terminated for cause and for convenience by either party as set
provided in Section III above. Should the City terminate this Agreement, the Provider shall be
paid for all work and services performed up to the time of termination. Provider shall submit any
claim for payment within thirty (30) days of termination, and the City shall not be obligated to
reimburse Provider for any cost or expense for a claim submitted after thirty (30) days of
termination.
(3) Provider shall comply 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). (All construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
(4) Provider shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants
for construction or repair)
(5) Provider shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal grant
program legislation)
(6) Provider shall comply 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). (Construction contracts awarded by grantees and subgrantees in excess of $2000,
and in excess of $2500 for other contracts which involve the employment of mechanics or
laborers)
(7) With respect to the City's pertaining to reporting, Provider's only "report" requirement is as
provided herein.
(8) The City has no requirements and regulations pertaining to patent rights with respect to
any discovery or invention which arises or is developed in the course of or under such contract.
(9) The City has no regulation or requirement pertaining to copyrights and rights in data.
(10) Provider shall provide access to the City, FEMA, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
(11) Provider shall retain all required records for three years after the City makes final
payments and all other pending matters are closed.
(12) Provider shall comply 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). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
(13) Provider shall comply with the 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).
All other terms of the CONSULTANT AGREEMENT shall remain in full force and effect.
TA L Y CONSULTANTS, INC.
~'
CBI~Y OF IOWAdd~_C.I~~T,Y
MAYOR
CITY OF IOWA CITY
-4'~8 2.01 d
Date
ATTEST: ~%~~> ~~~
CITY LERK
ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this a~ day of ~iz,~ 2010, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said Mayor and City Clerk as such
officers acknowledged that the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
oJ~1~,r SONDRAE FORT
Commission Number 159791
z
My Commission F~cpires
0 7 a
s~~ -~~
Notary Public in and for the State of Iowa
Approved by:
l `C ~~O
City Attorney's Office
2
AMENDMENT TO TWO
CONSULTANT AGREEMENTS
BETWEEN
CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC.
THIS is an amendment to two CONSULTANT AGREEMENTS made and entered into by and
between the City of Iowa City, Iowa, a municipal corporation, (City) and Stanley Consultants, Inc.
(Provider) in Iowa City, Iowa.
WHEREAS, the City, as a recipient of Hazard Mitigation Grant Program (HMGP) funds,
must adhere to federal procurement requirements, including 44 CFR 13.36; and
WHEREAS, FEMA requires that said requirements be incorporated into all contracts for
HMGP related services and purchases; and
WHEREAS, the City has contracted with Provider to provide flood protection plans and
recommendations for the Parkview Terrace and Idyllwild neighborhoods.
NOW THEREFORE, the parties agree as follows:
The CONSULTANT AGREEMENTS are amended by adding the following new Paragraph C
in Section V in each agreement:
V(C). Federal Procurement Regulations
Provider agrees to adhere to the following requirements set forth in 44 CFR 13.36(1), as
applicable:
(1) Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms is set forth in Section III above.
(2) The Agreement may be terminated for cause and for convenience by either party as set
provided in Section III above. Should the City terminate this Agreement, the Provider shall be
paid for all work and services performed up to the time of termination. Provider shall submit any
claim for payment within thirty (30) days of termination, and the City shall not be obligated to
reimburse Provider for any cost or expense for a claim submitted after thirty (30) days of
termination.
(3) Provider shall comply 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). (All construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
(4) Provider shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants
for construction or repair)
(5) Provider shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal grant
program legislation)
(6) Provider shall comply 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). (Construction contracts awarded by grantees and subgrantees in excess of $2000,
and in excess of $2500 for other contracts which involve the employment of mechanics or
laborers)
(7) With respect to the City's pertaining to reporting, Provider's only "report" requirement is as
provided herein.
(8) The City has no requirements and regulations pertaining to patent rights with respect to
any discovery or invention which arises or is developed in the course of or under such contract.
(9) The City has no regulation or requirement pertaining to copyrights and rights in data.
(10) Provider shall provide access to the City, FEMA, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
(11) Provider shall retain all required records for three years after the City makes final
payments and all other pending matters are closed.
(12) Provider shall comply 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). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
(13) Provider shall comply with the 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).
All other terms of the CONSULTANT AGREEMENT shall remain in full force and effect.
S AN EY CONSULTANTS, INC.
By: Date
CITY OF OWA CITY
By: ~^~ ATTEST: ~~ ~~~
MAYOR CITY OF IOWA CITY ACKNOWLEDGMENT CITY CLERK
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~7 day of ~~~~ 2010, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J.
Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal
corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said Mayor and City Clerk as such
officers acknowledged that the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
o cats SONDRAE FORT
_ ~ Commission Number 159791
My Commission Expires
. iow ~ as s.
Approved b
_~
City Attorney's Office
~~~ ~~
Notary Public in and for the State of Iowa
2
~~ 5f 7
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030
RESOLUTION NO. 10-135
RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF AN
UNDERGROUND UTILITY EASEMENT OVER THE NORTHEASTERLY 10 FEET OF
AUDITOR'S PARCEL 2008097, IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, E&L Prybil entered into an agreement on January 2, 2009, whereby they agreed to
dedicate utility easements if and when such easements became necessary over and across their
land north of 420th Street and adjacent to City owned property; and
WHEREAS, a utility easement is now necessary over the northeasterly 10 feet of their property,
known as Auditor's Parcel 2008097, to allow for the provision of certain utilities to City property
currently rented by the Joint Emergency Communications Services Association (JECSA) and
upon which a monopole has been erected.
WHEREAS, the City Council finds acceptance of said dedication to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Acceptance of the attached Underground Utility Easement is hereby approved and
authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the acceptance of said
dedication. This Easement shall be recorded in the office of the Johnson County Recorder
at the expense of JECSA.
Passed and approved this 27th day of April , 2010.
~'~ se
MAYOR
Approved by
ATTEST: ~ ~1it~~ ~~':-r7wZ~7/;~k~~~
CIT CLERK City Attorney's Office ~~' ~ )/ v
Resolution No. 10-135
Page 2
It was moved by Chamyion and seconded by Wi lh>>rn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~ Bailey
_
-
x Champion
~ ~ Dickens
_
~ Hayek
_
x Mims
g Wilburn
x Wright
wpdata/glossary(resolution-ic.doc
Prepared by and after recording return to:
Sara Greenwood Hektoen 410 E. Washington Street (314) 356-5030
City of Iowa Ciry Iowa City, IA 52240 (3I9) 356-5008
UNDERGROUND UTILITY EASEMENT
In consideration of one dollar and other good and valuable consideration, receipt of
which is hereby acknowledged, E&L Prybil Limited Partnership f/k/a E&L Prybil General
Partnership ("Grantor"), hereby grants and conveys to the City of Iowa pity, and its
successors and assigns ("Grantee"), a perpetual easement upon, over, under, along and across
the following described real estate ("Easement Area"):
The northeasterly 10 feet of Auditor's Parcel 2008097, Plat of Survey
recorded in Plat Book 53, Page 305 and revised in Plat Book 54, Page 46 of
the Johnson County Recorder's Office, located in the Southeast Quarter of
Section 19, Township 79 North, Range 5 West of the 5`~ P.M., Johnson
County, Iowa.
Grantor further grants the following rights in connection with the above easement:
Grantee shall have the right to install, lay, construct, reconstruct, renew, operate,
maintain and remove conduits, cables, pipes and lines, and all other appliance fittings and
appurtenances below the surface of the ground as may be necessary for the purpose of serving
real estate owned by Grantee immediately east of the Easement Area with electricity, and
other similar necessary public utilities, including communication service and electrical
controls, and the rights of ingress and egress for such purposes.
Grantee shall also have the right from time to time to trim, cut down and clear away all
trees, brush, and other debris or impediments within the Easement Area, which may, in the
opinion of Grantee, interfere with access, the proper construction, maintenance, operation or
removal of said utilities or may interfere with the exercise of Grantee's easement rights in any
manner.
Grantee shall promptly backfill any trench made by Grantee, and repair any damages
-2-
caused by Grantee within the Easement Area. Grantee shall be responsible for all costs and
expenses of said utility installation.
Grantor, and its successors in interest and assigns, reserves the right to use said
Easement Area for purposes which will not interfere with Grantee's full enjoyment of rights
hereby granted; provided that Grantor shall not erect or construct any structure, reservoir,
retaining wall or other obstruction on said Easement Area, except as provided in the $asement
Agreement made by Grantor and Grantee's predecessor in interest; which Easement
Agreement was recorded January 12, 2009 in Book 4380, at Page 196 and which Easement
Agreement was assigned to Grantee, as recorded January 22, 2009 in Book 4383, at Page 847
of the records of Johnson County, Iowa. This easement is granted in conformance with the
terms of said Easement Agreement and shall supplement but not modify the terms of that
Easement Agreement.
The rights, ,terms and conditions of this easement shall run with the land and be binding
upon the parties, their grantees, agents, successors in interest and assigns.
SIGNED this ~ day of ~L~1___~., , 2010.
GRANTOR
E&L PRYBIL LIMITED PARTNERSHIP
J
By:
Eldon R. Prybil, Ge eral Partner
By:
Lawrence D. Prybil, Gene 1 Partner
GRANTEE
CITY OF IOWA CITY, IOWA
By:
Matthew J. Hayel , a or
Attest: ~ ~' ~LL__ ~Z?~-~'~
Man n K. Karr, City Clerk
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
RIVERSIDE
On M~"~~ ~ 1 ~p~0 before me, JEFF R. KALLMANN, NOTARY PUBLIC
~- ; (Here insert name and title of the otticer)
personally appeared -_- I ~'n ~ ' ~r b t ~
who proved to me on the basis of satisfactory evidence to be the person(-~} whose name{ is - subscribed to
the within instrument and aclaiowledged to me that 1e executed the same in zis - ' - aLrthorized
capacity{-ies~ and that by his •~ si~nattue~s? on the instrument the person{-~}, or the entity upon behalf of
which the personFs-} acted, executed the instrlunent.
I certily under 1'1=,NALT't' v~ i~>=,i~.i~UkY ~u~der the laws of the StatE of Cahforrtia that the foregoing paragraph
is true and correct.
WITNESS my hand and official s
Signal~(re o'I~NolaAy Pu~llc
ADDITIONAL OPTIONAL INFORMATION
DESCR[PTION OF THE ATTACHED DOCUMENT
(Title or ea ription of attached document)
(title or description of attached document continued)
Number of Pages 3 Document Date 3"~ ° ~~
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
^ Individual (s)
^ Corporate Officer
JEFF R. KAI.LMANN~N
COMM,# 1873162
U1 NOTAR'~ERS DIE COUN1o~N1A ~
MY COMM. EXP. 1AN• 10, 2014
(Notary Seal)
(Title)
^ Parh~er(s)
^ Attorney-in-Fact
^ Trustee(s)
^ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any uclozomledgnzent completed ira California rmrst contairv ver6iuge exactly a.ti•
uppear•,r above irr the rzolary section or a separate acluzoivledgment form nnrst be
properly completed mzd attached to that document. The only excep[imz is if a
document is to he recar~ded outside of Culifa'rzia. /n such instances, cozy alternative
acknorv[edgrnent verbiage us may be printed orv szrch a doczunerzt so long as the
verbiage does not require the notary to do something that is illegal fa- cr notary in
Cul forma (i. e. cert~ring the authorised capacity of the signer). Please check the
document carefully fa~ proper notarial mording cuzd crouch this form if required.
• Stale and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that [he signer(s) personally appeared which
must also be the same date the acl:nowledgment is completed.
• The notary public must print his or her name as it appears within his or her
conunissien followad by a com^~a al;d then your title (notary public).
• Print the name(s) o'f document signer(s) tivho personally appear at the time of
Il Otal'IZatl011.
• hulicate the correct singular or plural forms by crossing off incorrect forms (i.e.
/she/~ is /art) or circling the correct forms. railure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. [f seal impression smudges, re-seal it a
sufficient area permits, otherwise complete a different acl:nowled~ment form.
• Signature of the notary public must match the signature on the with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate otticer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
ZOOS Version CAPA v 12.10.07 500-373-9S(i~ wwvv.NotaryClasses.com
STATE OF IOWA )
ss:
JOHNSON COUNTY) ~.
This instrument was acknowledged before me on this l~, day of 10
by Lawrence D. Prybil, as partner of and on behalf of E&L Prybil
Limited Partnership.
Cf~A1GN 1ML413`
ComnNNion Nwnbrr 7~i433
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~~ day of APFi1- , 2010, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K.
Karr, to me personally known 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; a municipal
corporation; that the seal affixed to the forgoing instrument is the municipal seal of the
corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council; and that said Mayor and City Clerk did acknowledge 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.
5~~~~ - - -
Notary Public in and for said State
osa~~s SONDRAE FORT
_ ~ Commission Number 159791
My Commission F-~cpires
• OW 3 ~/ o7oJ~
i~ ~
~~
Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235
RESOLUTION NO. 10-136
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2011 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
We, hereby, authorize the City Manager, on behalf of the City of Iowa City, to apply for financial
assistance as noted below and to enter into related contract(s) with the Iowa Department of
Transportation.
From the State Transit Assistance Program:
3.619852% (approximately $405,489) of Formula Funds
From federal operating assistance for transit:
$1,085,133;
From federal funds for transit in non-urbanized areas and/or for transit serving primarily
elderly persons and person with disabilities:
$92,341;
From state-wide federal capital assistance for transit:
$19,598,268;
From federal funds from the Job Access/Reverse Commute program:
$142,268.
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non-federal funds to. provide required local
match for capital projects. and at time of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Resolution No. 10-136
Page 2
Passed and approved this 27th day of April ~ 20~~
-S~,
MAYOR
Approved by
ATTEST: ;- ~ ~~ ~'-~' ~~-~~°
~GI LERK City Attorney's Office
It was moved by Mims and seconded by wri~ht the Resolution be
adopted, and upon roll call there were:
AYES:
X
x
x
x
~-
~_
_~
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
jccogtp/reslsta-app-10.doc
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 10-137
RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN
ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A
COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE
INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE
RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS
APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING
THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN
THEREFOR.
WHEREAS, the Council has reasonable cause to believe that the area described below
satisfies the eligibility criteria for designation as an urban renewal are under Iowa law; and
WHEREAS, a proposed Moss Green Urban Village Urban Renewal Plan for the area
described below has been prepared, which proposed Plan is on file in the office the City Clerk
and which is incorporated herein by reference; and
WHEREAS, this proposed Urban Renewal Plan includes and consists of:
MOSS-GREEN URBAN VILLAGE
A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as
recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder,
Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5)
and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of
Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing
60.67 acres, more or less.
And
All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of
the Southeast Quarter lying North of the Interstate 80 Right-of--Way line and the East
63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80
Right-of--Way line, all of said Section 35, Township 80 North, Range 6 West of the
Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as
follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North,
Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa;
THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of--Way
line of Interstate 80;
THENCE South 82°24'15" West, along the North Right-of--Way line of Interstate 80, a
distance of 646.23 feet;
THENCE continuing west along the North Right-of--Way line of Interstate 80, North
88°11'05" West, a distance of 1,731.77 feet;
THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the
Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa;
-1-
THENCE South 89°41'57" East, along said North line of the Southeast Quarter of
Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson
County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing
111.22 acres, more or less.
HILLS BANK & TRUST and NEAL N. LLEWELLYN:
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that
portion of The Southeast Quarter of the of the Northwest Quarter of Section 36,
Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres,
more or less.
WHEREAS, it is desirable that these areas be redeveloped as part of the overall
redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the
"Moss Green Urban Village Urban Renewal Plan;" and
WHEREAS, the Iowa statutes require the City Council to submit the proposed Moss
Green Urban Village Urban Renewal Plan to the Planning and Zoning Commission for review
and recommendation as to its conformity with the General Plan for development of the City as
a whole, prior to City Council approval of such urban renewal project and an urban renewal
plan therefore; and
WHEREAS, creation of the Moss Green Urban Village Urban Renewal Plan Area and
adoption of the Moss Green Urban Village Urban Renewal Plan therefore has been approved by
the Planning and Zoning Commission for the City as being in conformity with the general plan
for development of the City as a whole, as evidenced by its written report filed herewith and
incorporated herein by the reference; and
WHEREAS, as the proposed urban renewal area includes land classified as "agricultural
land" under Iowa Code Section 403.17(10), written permission of the current owners has been
obtained; and
WHEREAS, by a resolution adopted on March 23, 2010, this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Moss Green Urban Village Urban Renewal Plan and the division of revenue
described therein, and that notice of said consultation and a copy of the proposed Moss Green
Urban Village Urban Renewal Plan be sent to all affected taxing entities; and
WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the
City council and all required responses to the recommendations made by the affected taxing
entities, if an, have been timely made as set forth in the report of the Economic Development
Coordinator filed herewith and incorporated herein by the reference, which report is in all
respects approved; and
WHEREAS, by said resolution this Council also set a public hearing on the adoption of
the proposed Moss Green Urban Village Urban Renewal Plan for this meeting of the Council,
and due and proper notice of said public hearing was given, as provided by law, by timely
publication in the Iowa City Press Citizen, which notice set forth the time and place for this
hearing and the nature and purpose thereof; and
-2-
WHEREAS, in accordance with said notice, all persons or organizations desiring to be
heard on said proposed Plan, both for and against, have been given an opportunity to be heard
with respect thereto and due consideration has been given to all comments and views expressed
to this Council in connection therewith and said public hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That the findings and conclusions set forth or contained in the proposed
"Moss Green Urban Village Urban Renewal Plan" for the area of the City of Iowa City, Iowa
legally described and depicted in the Plan and incorporated herein by reference (which area
shall hereinafter be known as the "Moss Green Urban Village Urban Renewal Plan Area"), be
and the same are hereby adopted and approved as the findings of this Council for this area.
Section 2. This Council further finds that the Moss Green Urban Village Urban
Renewal Plan conforms to the general plan for the development of the City as a whole.
Section 3. That the Moss Green Urban Village Urban Renewal Plan Area is an
economic development area within the meaning of Iowa Code Chapter 403; that such area is
eligible for designation as an urban renewal area and otherwise meets all requisites under the
provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation,
redevelopment, development, or a combination thereof, of such area is necessary in the interest
of the public health, safety or welfare of the residents of this City.
Section 4. That the Moss Green Urban Village Urban Renewal Plan, attached hereto as
Exhibit A and incorporated herein by reference, be and the same is hereby approved and
adopted as the "Moss Green Urban Village Urban Renewal Plan for the Moss Green Urban
Village Urban Renewal Plan Area"; the Moss Green Urban Village Urban Renewal Plan for
such area is hereby in all respects approved; and the City Clerk is hereby directed to file a
certified copy of said Moss Green Urban Village Urban Renewal Plan with the proceedings of
this meeting.
Section 5. That the Moss Green Urban Village Urban Renewal Plan for the Moss Green
Urban Village Urban Renewal Plan Area shall be in full force and effect from the date of this
resolution until the later of the date of termination set forth in the Moss Green Urban Village
Urban Renewal Plan or the date on which payment of all obligations issued or advances made
to carry out the purposes thereof shall be fully provided for. Said Moss Green Urban Village
Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this
Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner
provided by law.
PASSED AND APPROVED this 27th day of gpril , 2010.
Mayor
ATTEST: ~-~~~
Ci Jerk
City horn s c:~
Y'c'l -/4
-3-
EXHIBIT A
Moss Green
Urban Village
Urban Renewal Plan
CITY OF IOWA CITY, IOWA
APRIL, 2010
Table of Contents
Section 1 -Introduction
Section 2 -District Designation
Section 3 -Base Value
Section 4 -Urban Renewal Plan Objectives
Section 5 -Description of Urban Renewal Area
Section 6 -Type of Urban Renewal Activities
Section 7 -Proposed Projects
Section 8 -Conformance with Land Use Policy and Zoning Ordinance
Section 9 -Relocation of Families
Section 10 -Financial Data
Section 11 -Urban Renewal Plan Amendments
Section 12 -Property Acquisition/ Disposition
Section 13 -Consent to Include Agricultural Land
Section 14 -Effective Period
Addendum No.1-Legal Description
Addendum No. 2 -Moss Green Urban Village Urban Renewal Project Area Map
Addendum No. 3 -Agricultural Land Consents
2
1. Introduction
This Urban Renewal Plan has been developed to help local officials promote economic
development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through
public involvement and commitment, private investment in new commercial and
industrial development.
The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the
following, which are also goals included in the Iowa City Comprehensive Plan - 1997,
as amended:
• Diversify and increase the property tax base by (1) encouraging the retention and
expansion of existing industry and (2) attracting industries that have growth
potential and are compatible with existing businesses;
• Increase employment opportunities consistent with the available labor force;
• Provide and protect areas suitable for future industrial and commercial
development;
• Cooperate with local and regional organizations to promote economic
development within Iowa City;
• Improve the environmental and economic health of the community through the
efficient use of resources; and
• Consider financial incentives and programs to facilitate achieving the above
goals.
In order to make development sites attractive to new and expanding firms,
communities are frequently called upon to provide financial incentives and programs.
Other development sites in the region, which already cater to commercial, office,
research, light production, and assembly uses, make tax increment financing available
to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the
City has concluded it is in the interest of its citizens to encourage the development of
commercial, office and research development zoned land in order to provide
competitive development sites for commercial, office, research, light production and/or
assembly uses. To assist with ensuring that this type of development site is
competitive, the City intends to make available the use of tax increment financing as a
means to finance the construction of some of the necessary public infrastructure
improvements within the Moss Green Urban Village Urban Renewal Plan Area,
referred to hereafter in this Plan as the Urban Renewal Project Area or Area. In
addition, the City may make available the use of tax increment financing to provide
direct grants, loans or rebates for qualifying businesses planning to locate in the Urban
Renewal Project Area.
3
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended.
2. District Designation
With the adoption of this plan, Iowa City will designate this Urban Renewal Area as an
economic development district that is appropriate for commercial and industrial
development.
3. Base Value
If the Moss Green Urban Village Urban Renewal Area is legally established and debt is
certified prior to December 1, 2010, the taxable valuation within the district as of
January 1, 2009 will be considered the "base valuation'. If the debt is not certified until
a later date, the "base value' will be the assessed value of the taxable property in the
Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in
which the City first certifies the amount of any debt.
4. Urban Renewal Plan Objectives
The overall goal of the Moss Green Urban Village Urban Renewal Plan is to formulate
and execute a workable program using public and private resources to develop the
Urban Renewal Project Area for uses generally allowed in commercial, office and
research park zones. Renewal activities are designed to provide opportunities,
incentives and sites for commercial and industrial development. Objectives for
development in the Urban Renewal Area include:
• To encourage and support development that will expand the taxable values of
property within the Urban Renewal Project Area;
• To plan for and provide sufficient land for new commercial and industrial
development in a manner that is efficient from the standpoint of providing services;
• To help finance the cost of constructing street and other infrastructure
improvements to support new development;
• To stimulate, through public action and commitment, private investment in new
commercial and industrial development;
• To encourage and support development that will result in job creation;
• To encourage the use of green technologies in infrastructure development, land use
and new buildings;
• To encourage the development of start-up firms and the attraction of new
businesses;
• To provide for the orderly physical and economic growth of the city;
4
• To enhance the availability of sites to accommodate the construction of industrial,
commercial, office, research park and associated uses;
• To assist with the provision of infrastructure to enable competitive land prices and
lease rates and thereby provide a more marketable and attractive investment
climate;
• To make public improvements as deemed necessary by the City to support new
industrial, commercial, office, research park and associated uses; and
• To provide financial incentives and assistance to qualifying businesses.
5. Description of Urban Renewal Area
The legal description of this proposed Urban Renewal Project Area is included in the
Plan as Addendum No.1 -Legal Description.
The location and general boundaries of the Moss Green Urban Village Urban Renewal
Plan Area are shown on Addendum No. 2 -Location Map: Moss Green Urban Village
Urban Renewal Project Area. This area is approximately 243 acres.
6. Types of Urban Renewal Activities
To meet the objectives of this Urban Renewal Plan and to encourage the development of
the area, the City intends to utilize the powers conferred under Iowa Code Chapters
15A and 403 (2009) and financial incentives, including, but lot limited to, tax increment
financing. Activities may include:
1. To undertake and carry out urban renewal projects though the execution of
contracts and other instruments.
2. To make or have made surveys and plans necessary for the implementation
of the Urban Renewal Plan or specific urban renewal projects.
3. To make loans, forgivable loans, grants, or rebates to private persons or
businesses for economic development purposes on such terms as may be
determined by the Iowa City Council, in its sole discretion.
4. To provide for the installation of infrastructure and roadway improvements.
5. To use any or all other powers granted by the Urban Renewal Act to develop
and provide for improved economic conditions in Iowa City.
6. To encourage the incorporation of energy efficient building techniques such
as those specified in the Iowa Green Building Standards, or those attaining
5
LEED certification, through the use of tax increment financing, in the sole
discretion of the City Council.
7. Proposed Projects
Proposed projects involve activities necessary to facilitate growth in the Urban Renewal
Area and provide incentives to encourage new development to locate in the area.
Projects including water, sewer, street and other infrastructure may be constructed. In
addition, the City may consider providing direct or indirect financial incentives to
private persons or businesses as incentives to locate in the Area.
Private Site Improvements
Lot development may include, but is not limited to, design and construction of
buildings and building additions, grading for building construction and amenities;
paving and parking; landscaping; and on-site utilities. Tax increment financing may be
granted to be used by qualifying businesses to finance private site improvements.
Businesses incorporating energy efficient building techniques such as those specified in
the Iowa Green Building Standards, or those attaining LEED certification may be
eligible for additional tax increment financing, in the sole discretion of the City Council.
Public Infrastructure Improvements
Public infrastructure improvements may include, but are not limited to, public streets
and sidewalks, sanitary sewers, storm sewers, water distribution mains and open space
improvements. Tax increment financing may be available to finance the construction of
these improvements, at the City Council's discretion.
Financial Incentives
At the City Council's discretion, tax increment financing may be available for providing
direct grants, loans, or rebates for those qualifying businesses engaged in commercial,
industrial, office, research park and associated use activities allowed in the Urban
Renewal Project Area. The funds from the direct grants, loans, or rebates may be used
for, but are not limited to, financing the public and private site improvements.
Qualifying businesses and improvements shall be determined by the City Council in its
sole discretion.
6
8. Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan
The Urban Renewal Project Area is part of the area near the I-80 interchange with
Highway 1. The Iowa City Comprehensive Plan states that this area...
...provides one of the few opportunities for office research park development in
Iowa City. National Computer Systems (now Pearson) (within the North
Corridor Planning District) and ACT (south of I-80 in the North Corridor
Planning District) are successful examples of this type of development. With the
tone set by these two companies and the advantages of interstate exposure, land
around this interchange should continue to be preserved for office research park
and research development park opportunities.
Iowa City has a general plan for the physical development of the City outlined in both
the Iowa City Zoning Ordinance and the Iowa City Comprehensive Plan - 1997, as
amended. The goals and objectives of this Urban Renewal Plan are consistent with the
goals and land use policy contained in the Zoning Ordinance and Comprehensive Plan,
which were identified and adopted as part of the planning process.
Current Zoning
The Project Area's present zoning designation is ID-ORP, Interim Development -Office
Research Park, and is consistent with this Urban Renewal Plan. The proposed zoning,
whether Office Research Park (ORP) or Research Development Park (RDP), is also
consistent with this Plan.
Current and Proposed Land Uses
The area is comprised of approximately 243 acres of developable land. The proposed
land uses include commercial, industrial, office, research, light production, and/ or
assembly purposes, which are consistent with the proposed zoning.
9. Relocation of Families
Though the Moss Green Urban Village Urban Renewal Plan does not anticipate the
need to relocate families, as there is no current residential area within the Plan, in the
event that such needs arise the City will consider provisions for the relocation of persons,
including families, business concerns and others who could be displaced as a result of
improvements to be made in the designated Urban Renewal Project Area.
7
10. Financial Data
1. Constitutional Debt Limit: $ 218,695,116
2. Current general obligation debt: $ 84,995,000
3. Proposed amount of indebtedness to be incurred: A specific amount of tax
increment debt to be incurred (including direct grants, loans, advances,
indebtedness, or bonds) for projects over time has not yet been determined. The
City Council will consider each request for financial assistance or a project
proposal on a case-by-case basis to determine if it is in the City's best interest to
participate. It is estimated that the City's cost for initial anticipated projects
discussed herein will be in the $10 to $15 million range.
11. Urban Renewal Plan Amendments
This Urban Renewal Plan may be amended from time to time to include change in the
area, to add or change land use controls or regulations, to modify goals or types of
renewal activities, or to amend property acquisition and disposition provisions.
If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after
providing public notice, holding a public hearing on the proposed change, and
undertaking other required actions, all in conformance with applicable state and local
laws.
12. Property Acquisition/Disposition
Other than easements and right-of-ways, no property acquisition by the City is
anticipated.
13. Consents to Include Agricultural Land
As the Moss Green Urban Village Urban Renewal Area contains land that is being used
for agricultural purposes as defined by Iowa Code Section 403.17(3), the property
owners of such land have executed consents to allow the City to include real property
defined as "Agricultural Land" within the Urban Renewal Area. These Consents are
attached as Addendum No. 3.
8
14. Effective Period
This Urban Renewal Plan will become effective upon its adoption by the City Council of
Iowa City and will remain in effect as a plan until it is repealed by the City Council.
With respect to any property covered by this plan which is included in an ordinance
which designated that property as a tax increment area, the use of incremental property
tax revenues, or the "division of revenue', as those words are used in Chapter 403 of
the Code of Iowa, is limited to twenty (20) years from the calendar year following the
calendar year in which the City first certifies to the County Auditor the amount of any
grants, loans, advances, indebtedness or bonds which qualify for payment from the
incremental property tax revenues attributable to that property. However, the use of
tax increment financing revenues (including the amount of grants, loans, advances,
indebtedness or bonds which qualify for payment for the division of revenue provided
in Section 403.19 of the Code of Iowa) by the City for activities carried out under the
Urban Renewal Plan shall be limited as deemed appropriate by the Council and
consistent with all applicable provisions of law.
9
Addendum No.1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows:
MOSS-GREEN URBAN VILLAGE
A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded
in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson
County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten
(10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight
(8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range
6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres,
more or less; and
All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of
the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East
63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80
Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa, being more particularly described as
follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North,
Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa;
THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line
of Interstate 80;
THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a
distance of 646.23 feet;
THENCE continuing west along the North Right-of-Way line of Interstate 80, North
88°11'05" West, a distance of 1,731.77 feet;
THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the
Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa;
THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section
35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres,
more or less; and
HILLS BANK & TRUST and NEAL N. LLEWELLYN:
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that
portion of The Southeast Quarter of the of the Northwest Quarter of Section 36,
Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more
or less.
10
N
Moss Green Urban Village -
Addendum No. 3
Property Owners' Consents to Include Agricultural Property
Within Proposed Urban Renewal Project Area
12
CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Neal N. Llewellyn, is the owner of an
undivided one half interest in the real estate described as
Parcel ID Numbers 0736251001 and 073627600- and legally
described on Exhibit "A" attached hereto and by this
reference incorporated herein.
The undersigned, pursuant to the provisions of Chapter
403.17(10} of the Code of Iowa, does hereby consent to
inclusion of the real estate described on Schedule "A" in
the Economic Development Urban Renewal Area pursuant to the
urban renewal plan for the area to be designated as Moss-
Green Urban Village.
Dated this ~ day of .-Qarch, , 2010 .
s
Neal N. Llewel yn,
S`I'A7'F OF IOWA
)SS:
COUNTY OF JOHNSON )
ri
This instrument was acknowledged before me on Ma~~~h
~ 2010 by Dlea'_.. N. Llewellyn.
S
Notary Public in and for
the State of Iowa
KATHERINE A. CHRISTENSEN
Commission Number 108A32
Commission ~xpir~
~. Zd/0
EXHIBIT "A"
The Southwest Quarter of the Noxtk~west Quartex of sect~.on
36, Township SO North, Range ~ G West of the Fift-h Princa.pal
Meridian, Johnson. County, xowa and that portion cif the
Southeast Quarter of the Nouthwest Quarter of •Section 36,.
Township 80 forth, Range 6 West of the Fifth~Principal
Meridan, Johnson County, Towa lying West of Sowa Highway 1
(North Dodge Street) containing 71.35 acx',es, more or less..
S~age~ 1 of 2
EXHZBTT "A".
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CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Hills Bank and Trust Company as
Trustee of the Otologic Medical Services, PC 401(k) Profit
Sharing Plan F/B/0 Guy E. McFarland, is the owner of an
undivided one half interest in the real estate described as
Parcel ID Numbers 0736251001 and 0736276001 and legally
described on Exhibit "A" attached hereto and by this
reference incorporated herein.
The undersigned, pursuant to the provisions of Chapter
403.17(10) of the Code of Iowa, does hereby consent to
inclusion of the real estate described on Schedule "A" in
the Economic Development Urban Renewal Area pursuant to the
urban renewal plan for the area to be designated as Moss-
Green Urban Village.
~ ~~~
Dated this ~J day of ~, 2010.
HILLS BANK AND TRUST COMPANY, AS
TRUSTEE OF THE OTOLOGIC MEDICAL
SERVICES, PC 401(K) PROFIT SHARING
PLAN F/B/O GUY E. MCFARLAND
By:
~~
Brian R. Globokar, Trust Officer
~~
STATE O F I OWA ) o ~,AC ~``s My Com~mtssionExpires
COUNTY OF JOHNSON ) ~owi• CommissbnN73o893
A~Or~ l
This instrument was acknowledged before me on ~
S , 2010 by Brian R. Globokar as Trust Officer of Hills
Bank and Trust Company as Trustee of the Otologic Medical
Services, PC 401(Kj Profit Sharing Plan F/B/O Guy E.
McFarland.
Notary u is in and for
the State of Iowa
kam/LLC/Eao9Partner/ConsentNills
EXHIBIT "A"
The Southwest Quarter ox the No~:thwest Quarter of SeCtiion
36, 'township 80 North, Range' 6 West of the ~ifGh Princa.pal.
Meridian, Johnson County, xowa and that portion of the
Southeast Quarter of the Northwest Quarter of •Section 36,.
Township 80 North, Range 6 West of the ~'i~th~Principa~.
Meridan, Johnson County, Towa lying west of Tvwa gighwajr 1
(North Dodge Street) containing 71.35 acx'es, more or less..
~age~ 1 of 2
EXHIBYT Tr~rr '
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CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Stephen A. Moss and David G. Moss,
are the owners of real estate legally described on Exhibit
"A" attached hereto and by this reference incorporated
herein.
The undersigned, pursuant to the provisions of Chapter
403.17(10) of the Code of Iowa, does hereby consent to
inclusion of the real estate described on Schedule "A" in
the Economic Development Urban Renewal Area pursuant to the
urban renewal plan for the area to be designated as Moss-
Green Urban Village.
Dated this ,~Q day of ~` , 2010.
Stephen A. oss
%`~
Sony Moss
STATE OF IOWA )
}SS:
COUNTY OF JOHNSON )
This instrument
~'Ylrxc_.2 ~7 _ , 2 010 f
,~~P+ `aF LAUREN E. JAHNS
_ ~ Commission Number 759416
My C mmiss'on Aires
~oWP
S _~~.:_.
)SS:
COUNTY OF ~pULiDC`~- }
David G. Moss
~~~
Ja et A. Moss
was acknowledged before me on
Stephen A. Moss.
~~ ~
N~ ry Public in and for
the State of Iowa
This instrument was acknowledged before me on
~~, ~j~` , 2010 by David G. Moss.
4 •.• '•
c ~r~s~ `1 Z~ zoi3 ~:•n10TARY
otary Public in and for .,,.
the State of Colorado ~ : ~ ~~
ct~ ~•. PUBLIC ~ o
9~F ~F.CO~OQ
STATE OF IOWA )
)SS:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on the
day of CYiG~~ 2010, by Sonya S . Moss .
WUREN E. JAHNS
,g~Commission Num ~~16
oW ~ r.
STATE OF COLORADO )
)SS:
COUNTY OF Liu\d~-f )
Lary Public and for the
State of Iowa
This instrument was acknowledged before me on the
~p~'" day of n ( , 2010, by Janet A. Moss .
~V~'~NOTARY'y:~
N~;•., PUBUC
9rFOF C
`1~~~ ~ m~ Ccynm ~s Sum ex p~ v~~ . ~ p~k 2 `j rt" , 2C (`3
Notary Public in and for the
State of Colorado
kam/DSCD/Corp/MossgreenDevelopment/ConsentSteve
Exhibit "A"
All that part of the east half of the southeast quarter of
Section 35, Township 80 North, Range 6 West of the 5~h P.M.
lying north of the northerly right-of-way line of
Interstate Highway 80.
Page 1 of 2
EXfiIBIT "A"
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CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Moss Farms, Inc., is the owner of
real estate legally described on Exhibit ~~A" attached
hereto and by this reference incorporated herein.
The undersigned, pursuant to the provisions of Chapter
403.17(10) of the Code of Iowa, does hereby consent to
inclusion of the real estate described on Schedule '~A" in
the Economic Development Urban Renewal Area pursuant to the
urban renewal plan for the area to be designated as Moss-
Green Urban Village.
Dated this '~~'day of ~~~ 2010.
MOSS F , NC. /~
_i
Stephen A. Mos"s, President
STATE OF IOWA
COUNTY OF JOHNSON
)SS.
This instrument
~~ 2010
Moss Farms, Inc.
4~, `~F K4A4b~EE°';' a~:T~JPCJ~ELLER
= y Cammissian Number 727030
my C 'ss'on Expires
oW~
was ackncwledged before me on
by Stephen A. Moss as President of
~ f ~ /
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Not ry Public in and for
thy` Stat of Iowa
EXHIBIT "A"
A part of the subdivision of the Northeast One-Quarter of
Section 35, Township 80 North, Range 6 West of the Fifth Principal
Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11
in the Records of the Johnson County Recorder, Johnson County, Iowa,
more particularly described as follows:
Lots Four ( 4) , Five ( 5 ) and Ten (10 ) and the South nine ( 9 ) acres of
Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the
subdivision of Northeast Quarter of Section 35, Township 80 North,
Range 6 West of the Fifth. Principal Meridian, Johnson County, Iowa,
containing 60.67 acres, more or less.
And
All of the Northeast Quarter of the Southeast Quarter, a part of the
Southeast Quarter of th.e Southeast Quarter lying North of the
Interstate 80 Right-of-Way line and the East 63.75 acres of the West
-Half of the Southeast Quarter lying North of the Interstate 80 Right-
of-Way line, all of said Section 35, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa, being more
particularly described as follows: BEGINNING at the East Quarter
Corner of Section 35, Township 80 North, Range 6 West of the Fifth
Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46"East,
a distance of 1,980.54 feet to the North Right-of-Way line of
Interstate 80; THENCE South 82°24'15" West, along the North Right-of-
Way line of Interstate 80, a distance of 646.23 feet; THENCE
continuing west along the North Right-of-Way line of Interstate 80,
North 88°11'05" West, a distance of 1,731..77 feet; THENCE North
00°54'55" West, a distance of 2,023.65 feet to the North line of the
Southeast. Quarter of said Section 35, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South
89°41'57" East, along said North Line of the Southeast Quarter of
Section 35, Township 80 North, Range 6 West of the Fifth Principal,
Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the
point of beginning, containing 111.22 acres, more or less.
Page 1 of 2
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Moss Green Urban Village -
~,~ni+nr~f D~~n ~ Future Oakdale Boulevard
Addendum No. 2
Moss reen Urban Village
Urban Ren~wal Project Area Map
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11
EXHIBIT A
Most, Green
Urban illage
Urban Ren w 1 Plan
CITY OF IpWA CI
,IOWA
APRIL, 2010
Table of Contents
Section 1-Introduction
Section 2 -District Designation
Section 3 -Base Value
Section 4 -Urban Renewal Plan Objectives
Section 5 -Description of Urban Renewal
Section 6 -Type of Urban Renewal Activities
Section 7 -Proposed Projects
Section 8 -Conformance with Land Use Policy an Zoning Ordinance
Section 9 -Relocation of Families
Section 10 -Financial Data
Section 11 -Urban Renewal Plan
Section 12 -Property Acquisition/ isposition
Section 13 -Consent to Include Qricultural Land
Section 14 -Effective Period
Addendum No.1-Legal scription
Addendum No. 2 - Mos Green Urban Village Urban Rene al Project Area Map
Addendum No. 3 -Agricultural Land Consents
2
1. Introduction
................. .
This Urban Renewal Plan has been developed to help local officials j
development in Iowa City, Iowa. The prim goal of the plan is to
public involvement and commitment, rivate investment in new
industrial development.
The goals outlined in this Moss Gre Urban Village Urban Renewal
following, which are also goals inclu ed in the Iowa City Compreher
as amended:
• Diversify and increase the prop rty tax base by (1) encc
expansion of existing industry nd (2) attracting ind
potential and are compatible wit existing businesses;
• Increase employment opportuniti consistent with the
• Provide and protect areas suita le for future i~
development;
• Cooperate with local and regi
development within Iowa City;
• Improve the environmental and ec
efficient use of resources; and
• Consider financial incentives and
goals.
economic
~, through
rcial and
include the
Plan - 1997,
the retention and
that have growth
available labor force;
ustrial and commercial
to promote economic
of the community through the
to facilitate achieving the above
In order to make development sites ,.~ttrac ve to new and expanding firms,
communities are frequently called upon o provi e financial incentives and programs.
Other development sites in the regi ,which beady cater to commercial, office,
research, light production, and asse ly uses, ma~Ce tax increment financing available
to qualifying businesses. As is con~'istent with the'Iowa City Comprehensive Plan, the
City has concluded it is in the interest of its citizens to encourage the development of
commercial, office and research development zoned land in order to provide
competitive development situ for commercial, office; research, light production and/or
assembly uses. To assist:' with ensuring that this type of development site is
competitive, the City intends to make available the use of tax increment financing as a
means to finance the construction of some of the necessary public infrastructure
improvements within~,khe Moss Green Urban Village Urban Renewal Plan Area,
referred to hereafter;%~in this Plan as the Urban Renewal Project Area or Area. In
addition, the City npiay make available the use of tax increment financing to provide
direct grants, loamor rebates for qualifying businesses planning to locate in the Urban
Renewal Project area.
3
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended.
2. Dis
With the adoption of this plan, Iowa City
economic development district that is app
development.
Designation
(~
1 designate this Urban Renewal Area as an
riate for commercial and industrial
3. Bash Value
If the Moss Green Urban Village Urban Renew
certified prior to December 1, 2010, the taxable
January 1, 2009 will be considered the "base va
a later date, the "base value" will be the assess
Urban Renewal Area as of January 1 of the calf
which the City first certifies the amount of any
4. Urban Renewal
The overall goal of the Moss Green Urban
and execute a workable program using pu
Urban Renewal Project Area for uses gen
research park zones. Renewal activities
incentives and sites for commercial an
development in the Urban Renewal Area ' cl
Objectives
;~' rban Renewal Plan is to formulate
an private resources to develop the
y al owed in commercial, office and
desi ed to provide opportunities,
.stria development. Objectives for
ude:
• To encourage and support devel pment that will xpand the taxable values of
property within the Urban Renew 1 Project Area;
• To plan for and provide su icient land for new commercial and industrial
development in a manner that 's efficient from the stand oint of providing services;
• To help finance the cos of constructing street nd other infrastructure
improvements to support n development;
• To stimulate, through p lic action and commitment, pr vate investment in new
commercial and industri development;
• To encourage and supp rt development that will result in job reation;
• To encourage the use f green technologies in infrastructure velopment, land use
and new buildings;
• To encourage t development of start-up firms and the attraction of new
businesses;
• To provide for the orderly physical and economic growth of the ci ;
Area is legally established and debt is
iluation within the'district as of
ation". If the debt is not certified until
value of the taxable property in the
~ar year preceding the calendar year in
4
• To enhance the availability of sites to accommodate the construction of industrial,
commercial, office, research park and associated uses;
• To assist with the provision of infrastructure to enable competitive land prices and
lease rates and thereby provide a more marketable and attractive investment
climate;
• To make public improvements as deemed necessary by the City to support new
industrial, commercial, office, research ark and associated uses; an
• To provide financial incentives and assistance to qualifying busine ses.
5. Description of U ban Renewal Are
The legal description of this proposed Urba Renewal Proje Area is included in the
Plan as Addendum No.1 -Legal Description.
The location and general boundaries of the ]
Plan Area are shown on Addendum No. 2 -
Urban Renewal Project Area. This area is app
Gree rban Village Urban Renewal
do ap: Moss Green Urban Village
i ly 243 acres.
6. Types of Urban
a1 Activities
To meet the objectives of this Urban Renew Plan nd to encourage the development of
the area, the City intends to utilize the p veers co erred under Iowa Code Chapters
15A and 403 (2009) and financial incenti es, includi g, but lot limited to, tax increment
financing. Activities may include:
1. To undertake and carry ut urban renewal projects though the execution of
contracts and other ins uments.
2. To make or have m de surveys and plans n cessary for the implementation
of the Urban Rene al Plan or specific urban re ewal projects.
3. To make loans forgivable loans, grants, or bates to private persons or
businesses fo economic development purpos on such terms as may be
determined y the Iowa City Council, in its sole 'scretion.
4. To provicjk for the installation of infrastructure and~roadway improvements.
5. To use,~ny or all other powers granted by the Urbar~Renewal Act to develop
and p ovide for improved economic conditions in Io a City.
6. To encourage the incorporation of energy efficient bu ding techniques such
as those specified in the Iowa Green Building Standar s, or those attaining
5
LEED certification, through the use of tax increment financing, in the sole
discretion of the City Council.
7. Proposed Projects
Proposed projects involve activities necessary t facilitate growth in the Urban Renewal
Area and provide incentives to encourage ne development to locate in the area.
Projects including water, sewer, street and other infrastructure may be constructed. In
addition, the City may consider providing dir t or indirect financial incentives to
private persons or businesses as incentives to locat in the Area.
Private Site Improvements
Lot development may include, but is not limiter
buildings and building additions, grading for bui
paving and parking; landscaping; and on-site utilitie
granted to be used by qualifying businesses to fi
Businesses incorporating energy efficient building tE
the Iowa Green Building Standards, or those att.
eligible for additional tax increment financing, in the
to, desi and construction of
ing con truction and amenities;
Taxi rement financing may be
once rivate site improvements.
ni es such as those specified in
u LEER certification may be
discretion of the City Council.
Public Infrastructure Improvements
Public infrastructure improvements may inch
and sidewalks, sanitary sewers, storm sewers,
improvements. Tax increment financing ma
these improvements, at the City Council's sc
bu are not limited to, public streets
Ater istribution mains and open space
avail ble to finance the construction of
Financial Incentives
At the City Council's discretion, taxi crement financin may be available for providing
direct grants, loans, or rebates fort ose qualifying busi esses engaged in commercial,
industrial, office, research park d associated use ac 'vities allowed in the Urban
Renewal Project Area. The funds from the direct grants, oans, or rebates may be used
for, but are not limited to, f' ancing the public and private site improvements.
Qualifying businesses and imp vements shall be determi d by the City Council in its
sole discretion. ,
6
S. Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan
The Urban Renewal Project Area is part oft -area near the I-80 interchange with
Highway 1. The Iowa City Comprehensive Pla~i states that this area...
i
...provides one of the few opportunities for office research park d elopment in
Iowa City. National Computer Syste s (now Pearson) (wit in the North
Corridor Planning District) and ACT outh of I-SO in the orth Corridor
Planning District) are successful examples of this type of devel pment. With the
tone set by these two companies and the a vantages of inter ate exposure, land
around this interchange should continue to e preserved fo office research park
and research development park opportunitie .
Iowa City has a general plan for the physical develc
the Iowa City Zoning Ordinance and the Iowa Ci
amended. The goals and objectives of this Urban R.
goals and land use policy contained in the Zoning C
which were identified and adopted as part of the pla
t o the City outlined in both
rehensive Plan - 1997, as
Plan are consistent with the
ice and Comprehensive Plan,
process.
Current Zoning
The Project Area's present zoning designa
Research Park, and is consistent with this
whether Office Research Park (ORP) or ,
consistent with this Plan.
ID-ORP, terim Development -Office
t Renewal Plan. The proposed zoning,
°ch Devel ment Park (RDP), is also
Current and Proposed Land Uses
The area is comprised of approximately 243 acres of develo b1E
land uses include commercia)ti'~ industrial, office, research, 1 gh~
assembly purposes, which art"consistent with the proposed zo inl
9. Relocation of Families
Though the Moss Green Urban Village Urban Renewal Plan c
need to relocate families, as there is no current residential area
event that such needs arise the City will consider provisions for th
including families;' business concerns and others who could be d:
improvements tq'be made in the designated Urban Renewal Project
~.e._.._
land. The proposed
production, and/ or
es not anticipate the
ithin the Plan, in the
relocation of persons,
anlaced as a result of
7
10. Financial Data
1. Constitutional Debt Limit:
$ 218,695,116
2. Current general obligation debt: $ 84,995,000
3. Proposed amount of indebtedness to be incurred: A specific amount of tax
increment debt to be incurred (including direct grants, loans, advances,
indebtedness, or bonds) for projects over time has not yet been determined. The
City Council will consider each request for financial assistance or a p oject
proposal on a case-by-case basis to determine if it is in the City's be interest to
participate. It is estimated that the City's cost for initial anticipate projects
discussed herein will be in the $10 to $15 milli n range.
11. Urban Renewal Plan
This Urban Renewal Plan may be amended from time ~
area, to add or change land use controls or regulations,
renewal activities, or to amend property acquisition an•
If the City of Iowa City desires to amend this Urban
providing public notice, holding a public hearing or
undertaking other required actions, all in conform
laws. ,
i
12. Property Acq~sition,/Dis
Other than easements and right-of-ways,/n~ property
anticipated. ~~
13. Consent~t~ Include Agricul
include change in the
fy goals or types of
ition provisions.
1 Plan, it may do so after
posed change, and
applicable state and local
ition
by the City is
Land
As the Moss Green Urban Villa rban Renewal Area coma' land that is being used
for agricultural purposes as de d by Iowa Code Section 403.1 (3), the property
owners of such land have exe ed consents to allow the City to i clude real property
defined as "Agricultural La 'within the Urban Renewal Area. hese Consents are
attached as Addendum No ,~.
8
14. Effective Pei
This Urban Renewal Plan will become effective
Iowa City and will remain in effect as a plan u
With respect to any property covered by this 1
which designated that property as a tax incre
tax revenues, or the "division of revenue", as
the Code of Iowa, is limited to twenty (20) ye r
calendar year in which the City first certifies o
grants, loans, advances, indebtedness or bon s
incremental property tax revenues attributabl
tax increment financing revenues (including t
indebtedness or bonds which qualify for pay
in Section 403.19 of the Code of Iowa) by the C
Urban Renewal Plan shall be limited as deeme
consistent with all applicable provisions of law.
ipon its adoption li the City Council of
.1 it is repealed by t e City Council.
n which is include in an ordinance
ent area, the use of i cremental property
hose words are use in Chapter 403 of
s from the calenda year following the
the County Aud' or the amount of any
which qualify f r payment from the
to that proper .However, the use of
e amount of ants, loans, advances,
ent for the ivision of revenue provided
ty for act' ities carried out under the
appro riate by the Council and
9
Addendum No.1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows: '
MOSS-GREEN URBAN VILLAGE
A part of the subdivision of the Northeast One-Quarter f Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Jo son County, Iowa, a recorded
in Plat Book 1 at Page 11 in the Records of the Johnson ounty Recorder, Jo on
County, Iowa, more particularly described as follows: L is Four (4), Five (5 and Ten
(10) and the South nine (9) acres of Lot Six (6), and the S uth 12-1/2 acres Lot Eight
(8), all of the subdivision of Northeast Quarter of Section 35, Township 8 orth, Range
6 West of the Fifth Principal Meridian, Johnson County, I wa, containin 60.67 acres,
more or less; and
All of the Northeast Quarter of the Southeast Quarter, a p rt of the S theast Quarter of
the Southeast Quarter lying North of the Interstate 80 Rig t-of-Way ine and the East
63.75 acres of the West Half of the Southeast Quarter lying orth the Interstate 80
Right-of-Way line, all of said Section 35, Township 80 Nort , Ra e 6 West of the Fifth
Principal Meridian, Johnson County, Iowa, being more par 'cul rly described as
follows: BEGINNING at the East Quarter Corner of Section ,Township 80 North,
Range 6 West of the Fifth Principal Meridian, Johnson Coun ,Iowa;
THENCE South 00°46'46" East, a distance of 1,980.54 feet t e North Right-of-Way line
of Interstate 80;
THENCE South 82°24'15" West, along the North Right- -W line of Interstate 80, a
distance of 646.23 feet;
THENCE continuing west along the North Right-of- ay line f Interstate 80, North
88°11'05" West, a distance of 1,731.77 feet;
THENCE North 00°54'55" West, a distance of 2,02 .65 feet tot e North line of the
Southeast Quarter of said Section 35, Township North, Ran 6 West of the Fifth
Principal Meridian, Johnson County, Iowa;
THENCE South 89°41'57" East, along said No h line of the Sout east Quarter of Section
35, Township 80 North, Range 6 West of the fifth Principal Meri ian, Johnson County,
Iowa, a distance of 2,376.88 feet to the POI T OF BEGINNING, c ntaining 111.22 acres,
more or less; and
HILLS BANK & TRUST and NEAL N. L EWELLYN:
The Southwest Quarter of the of the N thwest Quarter of Section 6, Township 80
North, Range 6 West of the Fifth rin pal Meridian, Johnson Coun ,Iowa and that
portion of The Southeast Quart of e of the Northwest Quarter of ection 36,
Township 80 North, Range 6 est the Fifth Principal Meridian, Jo son County,
Iowa lying West of Iowa Hig ay (North Dodge Street) containing 1.35 acres, more
or less.
10
Addendum No. 2
Moss Green Urban Village
Urban Renewal Project Area Map
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Addendum No. 3
Property Owners' Consents to Include Agricultural Property
Within Prop
12
CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Neal N. Llewellyn, is the owner of an
undivided one half interest in the real estate described as
Parcel ID Numbers 0736251001 and 0736276001 and legally
described on Exhibit "A" attached hereto and by this
reference incorporated herein,
The undersigned, pursuant to the provisions of Chapter
403.17{10) of the Code of Iowa, does hereby consent to
inclusion of the real estate described on Schedule "A" in
the Economic Development Urban Renewal Area pursuant to the
urban renewal plan for the area to be designated as Moss-
Green Urban Village.
~P~-!~,
Dated this ~ day of ~, 20
Neal N. Llewellyn,
STATE Off' IOWA )
SS:
COUNTY OF JOHNSON ) '
This instrument caas~~ acknowledged afore me on 4~ -e~~ h
~ , 2010 by Aleal. N.~Llewellyn.
~~ ~
Notary Public i and for
the State o Iowa
A. CHRIS'.
i Number
EXHTBTT "A"
The Southwest Quarter of the ]
36, Township 80 North, Range~6
Meridian, Johnson County, xow
Southeast Quarter of the Nortx
Township 80 North, Range 6 ~ti
Meridan, Johnson County, Iowa
(North Dodge Street) containing
¢rthwest Qixarter of Section
West of the Fift-~ Principal
and- that portion ci£ the
rest Quarter of ection 36,.
st of the Fift ~ Princ~.pai
Ping West of To a Highway 1
71..35 acxes, mo a or less..
Page ~ 1 of 2
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EXHIBIT "A".
gage 2 of 2
CONSENT TO INCLUSION OF PROPERTY
IN URBAN RENEWAL PLAN
The undersigned, Hills Bank and Trust Company as
Trustee of the Otologic Medical Se vices, PC 401(k) Profit
Sharing Plan F/B/0 Guy E. McFarl nd, is the owner o an
undivided one half interest in the real estate describ d as
Parcel ID Numbers 0736251001 an 0736276001 and 1 Bally
described on Exhibit "A" attac ed hereto and by this
reference incorporated herein.
The undersigned, pursuant to he provision
403.17(10) of the Code of Towa, does hereby
inclusion of the real estate described on Sche
the Economic Development Urban Rene al Area pur
urban renewal plan for the area to be design
Green Urban Village.
Dated this 5 day of ~i, 2010.
HILLS BANK AND TRUST COMPANY, AS
TRUSTEE OF THE OTOLOGIC MEDICAL
SERVICES, PC 401(K) PROFIT SHARING
PLAN F/B/O GUY E. MCFARLAND
By:
Brian R. Globokar, Trust Off' er
s o Chapter
c nsent to
le "A" in
uant to the
ed as Moss-
STATE OF IOWA ) oP~,Q~> t3 t.~'lot:nts
S S : Z ~- ~' must ~ Expttes
COUNTY OF JOHNSON ) ~oWn Comm n#73o893
~,o.,i
This instrument wa acknowledged be ore me on t9~re~a
S , 2010 by Brian R. lobokar as Trust fficer of Hills
Bank and Trust Compan as Trustee of the Otologic Medical
Services, PC 401(K) rofit Sharing Plan 8/O Guy E.
McFarland.
~\
1\
Notary u is in a d for
the State of Iowa
kam/LLC/Eco9Partne=/ConsentHills
EX~TBTT "A"
The Southwest Quarter of the Northwest Quarter of Section
36, Township 80 North, Range ~ 6 West of the Fift-h Princip
Meridian, Johnson County, zowa and that portion of he
Southeast Quarter of the Northwest Quarter af•Sectio 36,.
Township 80 North, Range 6 West of the Fifth 'p ncipaX
Meridan, Johnson County, Iowa lying West of Iowa ighway' 1
(North Dodge Street) containing 71.35 acx~,es, mor or iess..
1
~age~ x of 2
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EXHIBYT rr~rr
~aHe 2~of 2
~~
CITY
Moss Green
Urban Village
,,
Plan
OWA
Table of Contents
Section 1 -Introduction
Section 2 -District Designation
Section 3 -Base V
Section 4 -Urban Rene al Plan Objectives
Section 5 -Description of an Renewal Area
Section 6 -Type of Urban Rene al Activities
Section 7 -Proposed Projects
Section 8 -Conformance with Land Us olicy nd Zoning Ordinance
Section 9 -Relocation of Families
Section 10 -Financial Data
Section 11 -Urban Renewal Plan Ame dments
Section 12 -Property Acquisition/ D' position
Section 13 -Consent to Include A icultural Land
Section 14 -Effective Period
Addendum No. 1 -Legal Desc iption
Addendum No. 2 -Moss Gr en Urban Village Urban Renewal Pr 'ect Area Map
Addendum No. 3 - A~ricidltural Land Consents
2
1. Introduction
This Urban Renewal Plan has been developed to help local officials promote economic
development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through
public involvement and commitment, private investment in new commercial and
industrial development.
The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the
following, which are also goals included in the Iowa City Comprehensive Plan - 1997,
as amended: \
• Diversify and increase th property tax base by (1) encouragi g the retention and
expansion of existing in stry and (2) attracting industr' s that have growth
potential and are compatibl with existing businesses;
• Increase employment oppor ities consistent with the vailable labor force;
• Provide and protect areas itable for future dustrial and commercial
development;
• Cooperate with local and re 'oval organi tions to promote economic
development within Iowa City;
• Improve the environmental and eco omic h alth of the community through the
efficient use of resources; and
• Consider financial incentives and pr ms to facilitate achieving the above
goals.
In order to make development sites ttrac 've to new and expanding firms,
communities are frequently called upon o provi e financial incentives and programs.
Other development sites in the regi ,which a ready cater to commercial, office,
research, light production, and asse ly uses, ma tax increment financing available
to qualifying businesses. As is con istent with the 1'pwa City Comprehensive Plan, the
City has concluded it is in the in rest of its citizen to encourage the development of
commercial, office and resea ch development zoned land in order to provide
competitive development site for commercial, office, research, light production and/ or
assembly uses. To assis with ensuring that this type of development site is
competitive, the City inte ds to make available the use of tax increment financing as a
means to finance the nstruction of some of the necessary public infrastructure
improvements within the Moss Green Urban Village Urban Renewal Plan Area,
referred to hereafte in this Plan as the Urban Renewal Project Area or Area. In
addition, the City ay make available the use of tax increment financing to provide
direct grants, loa s or rebates for qualifying businesses planning to locate in the Urban
Renewal Project Area.
3
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended.
2. District Designation
With the adoption of this plan, Iowa City will designate this rban Renewal Area as an
economic development district that is appropriate for comm rcial and industrial
development.
3. Base Value
If the Moss Green Urban lage Urban Renewal Area
certified prior to December 1, 010, the taxable valuati
January 1, 2009 will be conside d the "base valuation
a later date, the "base value" wil e the assessed val
Urban Renewal Area as of January of the calendar
which the City first certifies the amo t of any de
s/legally established and debt is
~~ within the district as of
. If the debt is not certified until
of the taxable property in the
~r preceding the calendar year in
4. Urban Renewal Pjfan Objectives
The overall goal of the Moss Green Urban ' lage Urban Renewal Plan is to formulate
and execute a workable program using p 'c and private resources to develop the
Urban Renewal Project Area for uses g era allowed in commercial, office and
research park zones. Renewal activiti are esigned to provide opportunities,
incentives and sites for commercial d Indust ial development. Objectives for
development in the Urban Renewal Ar include:
• To encourage and support dev opment that will ~xpand the taxable values of
property within the Urban Rene al Project Area;
• To plan for and provide s ficient land for new mmercial and industrial
development in a manner that s efficient from the standp 'nt of providing services;
• To help finance the cos of constructing street an other infrastructure
improvements to support n development;
• To stimulate, through pu is action and commitment, priva investment in new
commercial and industria development;
• To encourage and supp t development that will result in job crea ~on;
• To encourage the use green technologies in infrastructure develo ment, land use
and new buildings;
• To encourage the development of start-up firms and the attraction of new
businesses;
• To provide for tl~e orderly physical and economic growth of the city;
4
• To enhance the availability of sites to accommodate the construction of industrial,
commercial, office, research park and associated uses;
• To assist with the provision of infrastructure to enable competitive land prices and
lease rates and thereby provide a more marketable and attractive investment
climate;
• To make public improvements as deemed necessary by the City to support new
industrial, commercial, office, research park and associated uses; and
• To provide financial incentives and assistance to qualifying businesses.
5. Description of Urban Renewal Area
The legal description of this pr~osed Urban Renewal Project Area is included in the
Plan as Addendum No.1 -Legal escription.
The location and general boundaries f the Moss Gr en Urban Village Urban Renewal
Plan Area are shown on Addendum . 2 - Locati n Map: Moss Green Urban Village
Urban Renewal Project Area. This area is pproxi tely 243 acres.
6. Types of Urban~Ze~(ewal Activities
To meet the objectives of this Urban Renew an and to encourage the development of
the area, the City intends to utilize the p wer conferred under Iowa Code Chapters
15A and 403 (2009) and financial incentiv s, incl ding, but lot limited to, tax increment
financing. Activities may include:
1. To undertake and carry o urban renew projects though the execution of
contracts and other instru ents.
2. To make or have made surveys and plans ne essary for the implementation
of the Urban Renewal lan or specific urban ren wal projects.
3. To make loans, fo ivable loans, grants, or re tes to private persons or
businesses for ec omic development purposes n such terms as may be
determined by th Iowa City Council, in its sole dis etion.
4. To provide for~fhe installation of infrastructure and rdadway improvements.
5. To use any~r all other powers granted by the Urban Renewal Act to develop
and prop de for improved economic conditions in Iowa City.
6. To encourage the incorporation of energy efficient building techniques such
as those specified in the Iowa Green Building Standards, or those attaining
5
LEED certification, through the use of tax increment financing, in the sole
discretion of the City Council.
7. Proposed Projects
Proposed projects involve activities necessary to facilitate growth in the Urban Renewal
Area and provide incentives to encourage new development to locate in the area.
Projects including water, sewer, street and other infrastructure may be constructed. In
addition, the City may consider providing direct or indirect financial incentives to
private persons or businesses as incentives to locate in the Area.
P
Private Site Improvements
Lot development may include, t is not limited to, design and
of
buildings and building additions, rading for building construe 'nand amenities;
paving and parking; landscaping; an on-site utilities. Tax incre ent financing may be
granted to be used by qualifying bu finesses to finance p ' ate site improvements.
Businesses incorporating energy efficien building techni es such as those specified in
the Iowa Green Building Standards, or those attai g LEED certification may be
eligible for additional tax increment finance g, in th ole discretion of the City Council.
Public Infrastructure Improvements
Public infrastructure improvements may ncludr
and sidewalks, sanitary sewers, storm veers, w
improvements. Tax increment finan ng may be
these improvements, at the City C ncil's discrei
but are not limited to, public streets
~r distribution mains and open space
Bailable to finance the construction of
Financial Incentives
At the City Council's des etion, tax increment financing
direct grants, loans, o rebates for those qualifying busin
industrial, office, research park and associated use acti
Renewal Project Area. The funds from the direct grants, 1
for, but are not limited to, financing the public and
Qualifying businesses and improvements shall be determi.
sole discretion.
y be available for providing
ses engaged in commercial,
Mies allowed in the Urban
ns, or rebates may be used
~ ivate site improvements.
by the City Council in its
6
8. Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan
The Urban Renewal Project Area is part of the area near the I-80 interchange with
Highway 1. The Iowa City Comprehensive Plan states that this area...
...provides one of the few opportunities for office research park development in
Iowa City. National Computer Systems (n w Pearson) (within the North
Corridor Planning District) and ACT (sout of I-80 in the North Corridor
Planning District) are successful examples of is type of development. With the
tone set by the two companies and the ad antages of interstate exposure, land
around this rote hange should continue to e preserved for office research park
and research deve ment park opportun' ies.
Iowa City has a general plan or the physical evelopment of the City outlined in both
the Iowa City Zoning Ordina ce and the I wa City Comprehensive Plan - 1997, as
amended. The goals and objecti es of this rban Renewal Plan are consistent with the
goals and land use policy containe in th oning Ordinance and Comprehensive Plan,
which were identified and adopted a pa t of the planning process.
Current Zoning
The Project Area's present zoning d signat n is ID-ORP, Interim Development -Office
Research Park, and is consistent th this ban Renewal Plan. The proposed zoning,
whether Office Research Park ( RP) or Res arch Development Park (RDP), is also
consistent with this Plan.
Current and Proposed Land ses
The area is comprised of a proximately 243 acres of evelopable land. The proposed
land uses include comm cial, industrial, office, rese rch, light production, and/or
assembly purposes, whic are consistent with the propos d zoning.
9. Relocation of Families
Though the Moss Green Urban Village Urban Renewal Plan oes not anticipate the
need to relocate families, as there is no current residential area 'thin the Plan, in the
event that such needs arise the City will consider provisions for the r ocation of persons,
including families, business concerns and others who could be displaced as a result of
improvements to be made in the designated Urban Renewal Project Area.
7
G'~2~ ~~~~"e~/is~al
3~~~
10. Financial Data
1. Constitutional Debt Limit:
$ 218,695,116
2. Current general obligation debt: $ 84,995,000
3. Proposed amount of indebte ness to be incurred:
increment debt to be incurred including direct gr~
indebtedness, or bonds) for pr 'ects over time has
City Council will consider each quest for financi~
proposal on a case-by-case basis t determine if it '
participate. It is estimated that the ity's cost for
discussed herein will be m the $10 to ~"
11. Urban Renewal
This Urban Renewal Plan may be amended from
area, to add or change land use controls or regul~
renewal activities, or to amend property acqui t:
~R«R~~-~~~r
~ . ~ ~~y ~sz, 645
C-~tc~ t1tTK»-l ~ea..oo
A s ecific amount of tax
ant ,loans, advances,
n t yet been determined. The
assistance or a project
in the City's best interest to
nitial anticipated projects
ange.
ndments
to time to include change in the
to modify goals or types of
id disposition provisions.
If the City of Iowa City desires to amend thi Urban R ewal Plan, it may do so after
providing public notice, holding a public h aring on th proposed change, and
undertaking other required actions, all in onformance 'th applicable state and local
laws.
12. Property Acquisition/Disp sition
Other than easements and right-of- ays, no property acquisit n by the City is
anticipated.
13. Consery~s to Include Agricultur
As the Moss Green Urban Villa e Urban Renewal Area contains la d that is being used
for agricultural purposes as de fined by Iowa Code Section 403.17(3 the property
owners of such land have ex uted consents to allow the City to fine de real property
defined as "Agricultural La d" within the Urban Renewal Area. Th e Consents are
attached as Addendum No. 3.
8
10. Financial Data
1. Constitutional De~t Limit: $136,552,095
2. Current general obligation debt: $ 84,995,000 f /
;~
,i~
3. Proposed amount of indebtedness to be incurred: A s~ecific amount of tax
increment debt to be incurred (including direct grarkt~s, loans, advances,
indebtedness, or bonds) fof: projects over time has,riot yet been determined. The
City Council will consider each request for financial assistance or a project
proposal on a case-by-case basis to determine if it is in the City's best interest to
participate. It is estimated thati~,the City's cost for initial anticipated projects
discussed herein will be in the $~,0 to $15 m,i~lion range.
11. Urban Renewal P~Yan Amendments
This Urban Renewal Plan may be amended~~om time to time to include change in the
area, to add or change land use controls o~r`regulations, to modify goals or types of
renewal activities, or to amend property (acquisition and disposition provisions.
If the City of Iowa City desires to amgfid this Urban Renewal Plan, it may do so after
providing public notice, holding a p~riblic hearing bn the proposed change, and
undertaking other required actions;' all in conformance with applicable state and local
i
laws.
,'
12. Pxoperty Acquisition~isposition
.,
~,
Other than easements and right-of-ways, no property acquisition by the City is
anticipated. `~
13,: Consents to Include Agricultural Land
As the Moss Green-Urban Village Urban Renewal Area contain~,land that is being used
for agricultural purposes as defined by Iowa Code Section 403.1 3), the property
owners of such land have executed consents to allow the City to in Jude real property
defined as "Aggricultural Land" within the Urban Renewal Area. T se Consents are
attached as l~ddendum No. 3.
8
14. Effective Period
This Urban Renewal Plan will become effective upon its adop ion by the City Council of
Iowa City and will remain in effect as a plan until it is repeal d by the City Council.
With respect to any property covered by this plan which is i eluded in an ordinance
which designated that property as tax increment area, the se of incremental property
tax revenues, or the "division of rev ue", as those words a e used in Chapter 403 of
the Code of Iowa, is limited to twenty 0) years from the c lender year following the
calendar year in which the City first cert' ies to the County Auditor the amount of any
grants, loans, advances, indebtedness orb nds which qu ify for payment from the
incremental property tax revenues attribute le to that pr perty. However, the use of
tax increment financing revenues (including e amoun of grants, loans, advances,
indebtedness or bonds which qualify for paym t for t e division of revenue provided
in Section 403.19 of the Code of Iowa) by the Cit for ctivities carried out under the
Urban Renewal Plan shall be limited as deemed a priate by the board and
consistent with all applicable provisions of law.
9
Addendum No.1
Legal Description of the
Proposed Urban Renewal Project Area
Consisting of a tract of land described as follows:
MOSS-GREEN URBAN VILLAGE
A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded
in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson
County, Iowa, more particular described as follows: Lots Four (4), Fi e (5) and Ten
(10) and the South nine (9) acres f Lot Six (6), and the South 12-1/2 res of Lot Eight
(8), all of the subdivision of North ast Quarter of Section 35, Towns ip 80 North, Range
6 West of the Fifth Principal Meridi n, Johnson County, Iowa, co aining 60.67 acres,
more or less; and
All of the Northeast Quarter of the So
the Southeast Quarter lying North of t
63.75 acres of the West Half of the Sou
Right-of-Way line, all of said Section 35, ownshi
Principal Meridian, Johnson County, Iowa, being
follows: BEGINNING at the East Quarter C ner
Range 6 West of the Fifth Principal Meridian, oh
THENCE South 00°46'46" East, a distance of 1,
of Interstate 80;
THENCE South 82°24'15" West, along the N th ]
east Quarter, a part the Southeast Quarter of
Interstate 80 Right- f-Way line and the East
past Quarter lyin orth of the Interstate 80
distance of 646.23 feet;
p 80 N th, Range 6 West of the Fifth
mor particularly described as
of coon 35, Township 80 North,
z n County, Iowa;
. 4 feet to the North Right-of-Way line
-of-Way line of Interstate 80, a
THENCE continuing west along the No Right-of- ay line of Interstate 80, North
88°11'05" West, a distance of 1,731.77 et;
THENCE North 00°54'55" West, a ' tance of 2,023.65 f et to the North line of the
Southeast Quarter of said Sectio 5, Township 80 Nort Range 6 West of the Fifth
Principal Meridian, Johnson C nty, Iowa;
THENCE South 89°41'57" E ,along said North line of th Southeast Quarter of Section
35, Township 80 North, R ge 6 West of the Fifth Princip Meridian, Johnson County,
Iowa, a distance of 2,376 8 feet to the POINT OF BEGIN ING, containing 111.22 acres,
more or less; and
HILLS BANK & TRU T and NEAL N. LLEWELLYN:
The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80
North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that
portion of The Southeast Quarter of the of the Northwest Quarter of Section 36,
Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County,
Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more
or less.
10
Addendum No. 2
Moss Green Urban Village
Urban Renewal Project Area Map
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Property Owners' Cons
Within Proposed
ndum No. 3
to Include Agricultural Property
ban Renewal Project Area
12
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Prepared by: Mike Moran, Parks and Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR
AFFILIATE GROUP'S USE OF PARKS AND RECREATION
SERVICES AND PROGRAMS
WHEREAS, the City Code provides that, "Upon recommendation of the Parks
and Recreation Commission, all Parks and Recreation fees shall be established
by City Council resolution"; and
WHEREAS the Parks and Recreation Commission has reviewed affiliate fees
and is recommending fees to be implemented beginning January 1, 2011; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA that:
1. Non-profit groups affiliated with the City of Iowa City (designated as "Affiliate Groups" by
the Parks and Recreation Director) shall be required to pay 10% of the standard usage
fee for recreation services and facilities, unless otherwise reduced or waived by the
Director pursuant to Iowa City Ordinance 10-9-5.
2. Said payment requirement shall become effective January 1, 2011.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
20
Approved by
~.P.r-
City Attorney's Office ~,/ ~~ /r~
It was moved by and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
the
~ ~~
15
city of Iowa city
PARKS AND RECREATION DEPARTMENT
220 S. Gilbert Street
TO: Ciry Council
FROM: Michael Moran, Parks and Recreation Director
DATE: Apri121, 20190
RE: Affiliate Fees
During the FY 11 budget preparation by the department, we proposed a new affiliate fee to be charged
for groups using department facilities but not paying rent. We knew it would be controversial but also
knew that we needed to come up with some alternatives to consider as we looked for needed budget
reductions. These budget ideas were reviewed by the Parks and Recreation Commission as well. The
new fee was not needed in the final budget preparations as the needed cuts were not as bad as initially
thought. However, the staff and Commission wanted to continue to look at the affiliate fees as our
maintenance budgets were ever increasing with little opportunity for recovery of fees in the past. The
Commission was not unanimous in this feeling but a majority wanted to pursue.
We started this process in October and staff came up with some ideas for discussion at our October
meeting and at a special work session. At the November Commission meeting a proposed policy was
discussed. We invited members of the affiliate groups to the December and January Commission
meetings for input. As expected, the affiliates groups had some concerns and opposition to the plan. The
initial concern for some of them was the amount of money that they had contributed to the City over the
many and was not recognized when writing this draft policy.
The Commission, after two work sessions, added to the policy a provision that the fee be waived if the
group has made an annual contribution equal to or greater than the usage fee for the year. Other items
that were discussed included a graduated scale of increase over the next eight years to get to a recovery
fee of 40% (which is similar to the self imposed mandate of recovery for Recreation Division fees). This
was not enacted on as they felt the current policy would allow for a review process every year.
Staff and Commission wish to be proactive rather than reactive to recover some of the ongoing expenses
that we are incurring in light of the service provided to these organizations and the ongoing costs to our
budget on an annual basis.
I have attached the correspondence that we sent the affiliate groups and the policy as proposed that you
will be asked to approve April 27th. I will be in attendance at your work session and council meeting
April 26`h and 27` for any questions and clarification.
PARKS AND RECREATION DEPARTMENT
220 SOUTH GILBERT STREET
IOWA CITY IOWA 52240-1632
PHONE (319) 356-5100
FAX (319) 356-5487
www. icgov. org/ pr
March 11, 2010
Parks and Recreation Department Affiliate Group:
Last December I wrote to each of you concerning a new affiliate group policy that was developed by
the Parks and Recreation Commission and staff. I have attached a copy of that policy. This version
was passed by the Commission for adoption at its March 10, 2010 Commission meeting. As is the
case all fees imposed by the department and recommended by the Commission must be passed by
resolution by the City Council. This resolution will be discussed at their work session on April 5th at
6:30 p.m. and regular meeting on April 6th at 7 p.m., if you or any members of your group wish to
attend.
You will notice one change that has occurred since the first version was sent out to you. Pursuant to
City ordinance, I still have the authority to reduce or waive fees for affiliate groups. I will likely waive
your group's usage fees for the calendar year in which your group donates money to the Parks and
Recreation Department if the donation is in excess of your group's usage fee for that calendar year. We
want to appreciate the funding that you have been able to give to the department over the years without
penalizing you with an additional fee. The portion of the donation that is attributed to your usage will
go to the proper budget to help offset costs while the remainder of your donation will go to the
betterment of the facility that you use.
In addition the Commission would like to invite each affiliate group to a meeting once a year in order
to discuss our commitment to you, your plans for the future and how we can continue with our
longstanding relationship. As mentioned in my earlier letter you are encouraged to view our Master
Plan and see how this plan and your assistance can help us enhance the viability of what we do for the
citizens of Iowa City. Please take a minute to review this plan at www.ic~;ov.or~/pr
If you have any questions, please feel free to contact me directly or any of the Commissioners
individually. Thank you.
Sincerely,
Michael E. Moran, CPRP
Director, Parks and Recreation
cc: Parks & Recreation Commission
Terry Robinson, Superintendent of Parks & Forestry
Enc.
C1TY O~ iOWr~ CITY
Affiliate Group Usage Policy
Recommended for Approval by the Parks & Recreation Commission on
March 10, 2010
Affiliate groups are those groups designated by the Director that provide public
recreational opportunities and which are under the sponsorship or co-sponsorship of the
parks and recreation department. These groups offer recreational opportunities to the
general public that the Parks and Recreation Department would otherwise be unable to
provide.
Effective January 1, 2011 affiliated private non-profit groups designated as an "Affiliate
Group" by the Parks and Recreation Director including 501(c)(3), 501(c)(7), and
501(c)(17) corporations, shall pay 10% of associated rental costs for parks and recreation
services and facilities unless otherwise reduced or waived by the Director pursuant to
Iowa City Ordinance 10-9-5. Such reduction or waiver is likely for the calendar year in
which an Affiliate Group donates money to the Parks and Recreation Department if the
donation is in excess of that group's usage fee for that calendar year.
THIS ANNUAL POLICY MAY BE REVIEWED BY THE PARKS AND
RECREATION COMMISSION ANNUALLY AND AT SUCH TIME THAT THE
CITY COUNCIL ADOPTS THE FEE SCHEDULE.
AFFILIATE GROUPS
Iowa City Kickers
Iowa City Boys Baseball
Iowa City Girls Softball
Iowa City Babe Ruth
Iowa City Eels*
Ocean Waves Square Dance Club
Iowa City Camera Club
Project Green
Iowa City Aero Hawks
Old Capital Chorus
Iowa City Community Theater
Young Footliters Community Theater
Riverside Theater*
Iowa City DogPac*
Iowa City Community School District*
*The City has entered into a contract for the use of City facilities with these groups and
thus this policy may not apply until such contracts expire or are re-negotiated.
PARKS AND RECREATION DEPARTMENT
220 SOUTH GILBERT STREET
IOWA CITY IOWA 52240-1632
PHONE (319) 356-5100
FAX (319) 356-5487
www. icgov. org/ pr
March 31, 2010
Parks and Recreation Department Affiliate Group:
As a follow up to my March 11, 2010 letter to you, I wanted to give you an update. The
Affiliate group policy that will be enacted on by City Council has been moved back on the
council agenda to be voted on at their Tuesday Apri127, 2010 meeting. On Monday Apri126,
2010 the policy will also be discussed at City Councils work session. The work session is
scheduled for 6:30pm and the regular council meeting on April 27`h is scheduled for 7pm.
Both meetings will be held in Harvat Hall.
I am including another copy of the policy given to you with the March 11 letter as it was
voted on by the Parks and Recreation Commission for your review. I would be happy to
attend any board meetings of your group to explain and go over this change or to answer any
questions you may have before these dates.
I apologize for the change of dates and plans but will work with everyone to accommodate
questions as they arise and any other issues you would like me to address. Thanks for your
continued cooperation.
Sincerely,
Michael E. Moran, CPRP
Director, Parks and Recreation
cc: Parks & Recreation Commission
Terry Robinson, Superintendent of Parks & Forestry
Enc.
('1TY OF 1 n Wt! CITY
Prepared by: Mike Moran, Parks and Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLU ION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES~F'QR PARKS AND RECREATION SERVICES AN[~PROGRAMS
WHEREAS, the CI Code provides that, "Upon recommendati n of the Parks
and Recreation Co fission, all Parks and Recreation fees s all be established
by City Council resol ion"; and
WHEREAS the Parks an Recreation Commission has re iewed affiliate fees
and is recommending fee to be implemented beginning anuary 1, 2011; and
WHEREAS, it is in the public~nterest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RE OLVED BY THE C Y COUNCIL OF THE CITY
OF IOWA CITY, IOWA that:
1. Non-profit groups affiliated with th City of Iowa Ci (designated as "Affiliate Groups" by
the Parks and Recreation Director) all be requi ed to pay 10% of the standard usage
fee for recreation services and faciliti ,unless therwise reduced or waived by the
Director pursuant to Iowa City Ordinan a 10-9- .
2. Said payment requirement shall becom effe five January 1, 2011.
Passed and approved this day of
ATTEST:
CITY CLERK
It was moved by
Resolution be adopted, and
AYES:
MAYOR
and seconded by
roll call there were:
NAYS:
20
Approved by
ABS
L mpion
Dic ens
Haye
Mims
Wilburn
Wright
~~ z-LG ~l~f~~
Attorney's Office ~~~~~ ~ a
the
+(j 1
Prepared by Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, Iowa 318/356-5030
RESOLUTION NO. 10-138
RESOLUTION ESTABLISHING FEES FOR SOLID WASTE SERVICES FOR
ITEMS LEFT ON PUBLIC RIGHT OF WAY.
WHEREAS, section 16-1A-56 of the City Code requires the owner or person in control of the
property to remove debris promptly from the right of way;
WHEREAS, section 16-1A-5B further provides that the City may remove the debris after
reasonable written notice to remove the debris and assess the cost against the property;
WHEREAS, the City procedure to implement section 16-1A-5B is referred to as the "24 hour tag
procedure;" and
WHEREAS, the cost to remove the debris should include a fee to offset the actual
administrative and inspection costs of such activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The fees for removal of items in the public right of way under section 16-1A-56 of the City Code
(a/k/a 24 hour tag procedure) are as follows:
Labor fee $20.00 plus $20.00 per hour after the first hour
Equipment fee $25.50 plus $25.50 per hour after the first hour
Administrative fee $25.00
Re-inspection (call back) fee $25.00
Passed and approved this 27th day of Ayril , 2010.
_ ~~ SA
MAYOR
ATTEST:
~~;
C Y CLERK
Approved by:
~-d t~ i~
City Attorney's Office
Resolution No. 10-138
Page 2
It was moved by hamnion _ and seconded by
adopted, and upon roll call there were:
Mims the Resolution be
AYES: NAYS: ABSENT:
X Bailey
x Champion
x Dickens
~ Hayek
_
_ Mims
~_
X Wilburn
x Wright
wpdata/gtossarylresolution-ic.doc
~~.®~r
~ ,~ ~Tr~l,~~
CITY O F IOWA CITY ~g
MEMORANDUM
Date: April 22, 2010
To: City Council
From: Rodney Walls, Assistant Solid Waste Superintendent
Re: Resolution of Fees for Solid Waste Services
One of the solid waste services we provide is disposing of miscellaneous and bulky items left at
the curb. We are requesting that additional fees be implemented to cover both the
administrative and inspection costs associated with such activities. We are requesting that both
the administration fee and inspection fee be $25.00 each. These fees would only apply to items
for which residents have not called to schedule a pickup. The fees would cover our cost of
responding to complaints, researching property owners, making contact, following up to be sure
the problem has been resolved and billing. The cost of administration and inspection is
currently being absorbed by all rate payers rather than the problem properties.
Our existing fees are listed below. The administration and inspection fees would be in addition
to these.
• Labor fee (1 Hr Min.) - $20.00
• Equipment fee (1 Hr Min.) - $25.50
• Standard per item fees (consistent with our regular bulk item pickup fees)
^ 15' Bulky item - $10.00
^ Additional Bulky items - $5.00 per item
^ Appliances - $20.00 per appliance
I will be happy answer any question you have on this or other solid waste services.
~,1 ._
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240. (319)356-5044
RESOLUTION NO. 10-139
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER
POOL FILTER REPLACEMENT PROJECT.
~'~
WHEREAS, Aqua Logic, Inc. of Waconia, Minnesota has submitted the lowest responsible bid of
$207,250.00 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 Aqua
Logic, Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The Director of Parks and Recreation is authorized to execute change orders as they may
become necessary in the construction of the above-named project.
Passed and approved this 27th day of Agrii , 20i n
MAYOR ,~ /'
ATTEST: / ~ ~/
CITY ERK
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
AYES: .NAYS:
x
.-Y~-
x
X
~_
x
x
s
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
`f-'Z2'/~
Resolution be
pweng\res\MercerAquaticAwdCon-10.doc
4/10
U4-L/-7 U
17
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
RESOLUTION NO.
RE LUTION AWARDING CONTRACT AND AUTHORIZING HE MAYOR TO
SIG AND THE CITY CLERK TO ATTEST A ONTRACT FOR
CONS UCTION OF THE IOWA CITY MERCER PARK QUATIC CENTER
POOL FI TER REPLACEMENT PROJECT.
WHEREAS, of as submitted the lowest
responsible bid of $ for construction of the above-name project.
NOW, THEREFORE, BE I RESOLVED BY THE CITY COUNCIL F THE CITY OF IOWA CITY,
IOWA, THAT:
1. The contract for the c nstruction of the above-nam d project is hereby awarded to
subject t the condition that awardee secure
adequate performance and ayment bond, insuranc certificates, and contract compliance
program statements.
2. The Mayor is hereby authoriz to sign and a City Clerk to attest the contract for
construction of the above-name project, subj ct to the condition that awardee secure
adequate performance and payme bond, ins rance certificates, and contract compliance
program statements.
3. The Director of Parks and Recreation is
become necessary in the construction of
Passed and approved this day of _
iorized to execute change orders as they may
above-named project.
20
,YOR
by
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
AYES: 1
City Attorney's Office
and seconded by ~r the Resolution be
YS: ABSENT: '~
Baile~,
Champit~n
Dickens ~~~,
Hayek ~
Mims ~~
Wilburn
Wright
pweng\res\M ercerAquaticAwdCon-10.doc
4/10
Ic.~
NOTICE TO BIDDERS
IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the
22nd day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon
by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27~' day of April,
2010, or at a special meeting called for that purpose.
The Project will involve the following:
Demolition of existing paddock vacuum sand filter system, furnishing and installing a new fiberglass
deck system including supporting masonry and steel structure. Painting will be involved. The installation
of new filters, circulation pump and chemical systems and related piping and valves. The contractor will
be responsible for providing support for associated plumbing and electrical work. Apre-bid meeting will
be held on site at 10:30 a.m. on the 9th of April in the P & G room at Mercer Park Aquatic Center/
Scanlon Gymnasium, located at 2701 Bradford Drive. Free parking is available neighboring the site.
All work is to be done in strict compliance with the plans and specifications prepared by Pool Tech Midwest,
Inc., of Cedar Rapids, 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 one (1) year from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Start Date: August 2, 2010, Completion Date: September 4, 2010
Liquidated Damages: $250.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa
City Reprographics, Iowa City, Iowa, by bona fide bidders. Iowa City Reprographics is located at 114 South
Dubuque Street, Iowa City, Iowa, 52240, (319) 338-7872.
A $25.00 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 Iowa City Reprographics.
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
i°weng/masters/noticetobidders-mercerfiltration. doc
NTB-1
M~
18
Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 10-140
RESOLUTION DECLARING THE PLATTED ALLEY EAST OF 636 and 638
SOUTH GOVERNOR STREET OPEN TO THE PUBLIC.
WHEREAS, the alley right of way east of 636 and 638 South Governor is platted and dedicated
to the City of Iowa City; and
WHEREAS, the owner of 638 South Governor Street, Brian Vogelgsang, would like to improve
and use said alley; and
WHEREAS, the City Council deems it in the public interest to declare the dedicated alley right
of way open to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The alley east of 636 and 638 South Governor Street is open to the public.
2. The owner of 638 South Governor Street can improve the alley to an all weather driving
surface at their cost.
Passed and approved this 27th day of April , 20 10
~~
MAYOR
Ap roved by
ATTEST: 4~ ~ ~ ~r~~~L
CLERK City Attorney's Office y zl'li7
It was moved by Wright and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
~_
x
x
X
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Pweng/res/S.Gov.OpenToPublic-2010.doc 4110
11
~, : -,.r
November 17, 2009
Brian Vogelgesang
638 South Governor Street
Iowa City, Iowa, 52240
213-842-9131
To Whom It May Concern:
Please accept this plea for permission to add gravel to the alleyway east of my property
on South Governor. The alleyway is already graveled as far south on this block as my
neighbor to the north, allowing access to four private homes and one large apartment
complex. I too would like to enjoy access to my property from this alley. It would
benefit me greatly to be able to pazk in the reaz of my lot and to use this access as a
means of loading and unloading tools and removing yazd waste from my lazge Yazd and
garden, just as it serves others barely north of myself.
A portion of this alleyway beginning just north of me has clearly been left to grow grass
for some time. I have lived on South Governor now for seven yeazs, and like others here
on this block have enjoyed this unique grassy pathway. However, being able to access
the rear of my property carries benefits and conveniences that very dramatically outweigh
the small stretch of green grass that extends to the gravel just north of myself.
In addition, the section of alley in question often serves as a dumping ground for those
two houses located on Summit street, both for soil and yard waste, which they toss over
their fences. A city official visited this alley in order to grant me permission to write this
letter, and I have no doubt that he/she would attest to the current large sloth of mud in the
center of the alley, dumped by one of these Summit homes, and to the yard waste just
over their fences. Were I to be allowed to gravel this portion of alley, I believe it would
become more cleaz to these occupants that this is inappropriate. It would also allow me
to remove such debris should they continue.
I have contacted my Governor Street neighbor just to the north, who gave her full
blessing in this matter. And, as mentioned above, of the Summit street neighbors
adjacent to the portion I wish to gravel, one of them already uses the alley for car traffic,
and the other two use if for waste. I therefore feel further justified in this request. In
addition, I would Like to assure the city that my purpose in this endeavor is not only to
better my quality of life here on Governor street, but to make it easier to continue to
beautify my property, and that of the alley itself.
Many thanks for your time and consideration.
Sincerely„ . '
-, -.
Brian Vogelgesang ---~
.~
4,j
MM
0
19
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 10-141
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT
FOR THE REPLACEMENT OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON
CREEIC~ [BRM-3715(650) - - 8N-52].
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of
Transportation, said agreement being attached to this Resolution and by this reference made a part
hereof; and
WHEREAS, the City Council deems it is in the public interest to enter into said agreement with the
Iowa Department of Transportation for the design and construction of the Rochester Avenue Bridge
over Ralston Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is
hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of
Iowa City and the Iowa Department of Transportation in duplicate.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this 27th day of April , 2010
MAYOR
ATTEST: Cd~~ `7~
CITY LERK
Approved by
G(i~G~
City Attorney's Office ~ y ~~
It was moved by Bailey and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES:
~-
~_
~-
_~_
~_
X
X
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
Pweng/res/rochesterBri dge.doc
4/10
November 2008
IOWA DEPARTMENT OF TRANSPORTATION
Federal-aid Agreement
for a City Highway Bridge Program Project
Recipient: City of Iowa City
Project No: BRM-3715(650)--8N-52
Iowa DOT Agreement No: 6-10-HBRR-10
This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds.
The Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public
Law 109-59, provided for the Federally funded Highway Bridge Program, now codified at Section 144 of Title 23,
United States Code. This program makes Federal funds available for replacement or rehabilitation of highway bridges
on public roads on and off the Federal-aid System. Federal regulations require Highway Bridge Program funds to be
administered by the Department.
Pursuant to the terms of this agreement, applicable statutes, and 761 Iowa Administrative Code (IAC) Chapter 161,
the Department agrees to provide Highway Bridge Program funding to the Recipient for the authorized and approved
costs for eligible items associated with the project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person
shall be the Iowa City Engineer, or their designated representative.
3. The Recipient shall be responsible for the development and completion of the following bridge project:
A. FHWA Structure Number: 006330
B. Location: Rochester Avenue over Ralston Creek
C. Preliminary Estimated Total Cost: $695,000
4. The eligible project construction limits shall include the bridge plus grading and/or paving to reach a
"touchdown point" determined by the Department. Costs associated with work outside the eligible project
construction limits are not eligible. Within the eligible project construction limits, eligible project activities will
be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain
circumstances eligible activities may also include utility relocation or railroad work that is required for
construction of the project.
5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from
Highway Bridge Program funds. The portion of the eligible project costs reimbursed by Highway Bridge
Program funds shall be limited to a maximum of 80% of eligible costs or $1,000,000, whichever is less.
6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement
shall remain in effect.
7. It is the intent of both parties that no third party beneficiaries be created by this agreement.
8. Responsibility for compliance with the Federal and State laws, regulations, policies, or procedures required by
this agreement is not assignable without the prior written consent of the Department.
9. This agreement shall be executed and delivered in two or more copies, each of which shall be deemed to be
an original and shall constitute but one and the same agreement.
Highway Bridge Program P~*oject Agreement
Page 2
10. The project shall be let to contract within 3 years of the date this agreement is approved by the Department. If
not, the Recipient may be in default, for which the Department may revoke funding commitments. This
agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at
least 30 days prior to the 3 year deadline.
11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department 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 shall be made in the form of an addendum to this agreement. The
addendum shall become effective only upon written approval of the Department and the Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its
signature below.
Recipient: City of Iowa City
By /~bc't y.9 Date April 27 , 2010
Title Mayor
I, Marian K Karr ,certify that I am the Clerk of the City, and that Matthew .i. Hayek
who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal
Resolution duly passed and adopted by the City, on the 27th day of April , 2010 .
Signed 2~.t~~ ~_~~~
City Clerk of Iowa City, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
Date April 27 2010
By _~~~ ~ S~1L: Date ~i,1yr~ ,~O , ~~~
K nt Ellis, P.E.
Local Systems Engineer
District 6
November 2008
EXHIBIT 1
General Agreement Provisions for use of Federal Highway Funds on Non-primary Highways
1. General Requirements.
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and
regulations. To assist the Recipient, the Department has provided guidance in the Federal-aid Project
Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.s) that are
referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/
publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in
the Guide and I.M.s in effect at the time project activities are conducted.
b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws,
regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race,
color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall
not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender
identity, national origin, religion, pregnancy, or disability.
c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990
(ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations
that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient
shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that
are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi-use trails, curb
ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the structure, grade,
function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement,
widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and
effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the
following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under
its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions
for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is
working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan
does not include curb ramps, the Recipient shall prepare or modify.its transition plan to include curb ramps in
accordance with I.M. 1.080, ADA Requirements.
d. The Recipient agrees to indemnify, defend, and hold the Department 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
Department's application review and approval process, plan and construction reviews, and funding
participation.
e. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration
pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10
days notice to the other party of their intent to seek arbitration. The written notice shall include a precise
statement of the dispute. The Department 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 paragraph
The Office of Management and Budget (OMB) Circular A-133 requires the Department to inform the Recipient
of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the
Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A-133. CFDA #20.205
and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If
the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall
report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts
from which initial costs were paid, the Department will report this project on its SEFA. In this case, the
Recipient shall not report this project on its SEFA.
2. Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department,
EXHIBIT 1
Page 2
includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not
included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall
contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient
shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's
request, the Department will forward the request to the FHWA for authorization and obligation of Federal
funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work
performed prior to FHWA authorization will not be reimbursed with Federal funds.
3. In-House Services.
a. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure
outlined in I.M. 3.310, Federal-aid Participation in In-House Services. If the Recipient desires to claim indirect
costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related
documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in-house
services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing
the largest amount of Federal funds to the Recipient.
4. Consultant Services
If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare
a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 -
Administration of Negotiated Contracts (23 CFR 172). These regulations require aqualifications-based
selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in
I.M. 3.305, Federal-aid Participation in Consultant Costs.
b. If preliminary engineering is Federally funded; and if the "do nothing" alternate is not selected, grid 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 funds were authorized, the Recipient shall repay to the Department an
amount equal to the amount of Federal funds made available for such engineering.
5. Environmental Requirements and other Agreements or Permits.
a. 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 approval. The
Recipient shall complete any mitigation agreed upon in the FHWA approval document.
b. 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 (NRCS).
c. 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, the Department, etc.
The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid
Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's
right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project
maybe eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these
costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in
accordance with the procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations
e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed
$100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section
308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the
Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not
listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be
listed.
EXHIBIT 1
Page 3
6. Right-of-Way.
a. 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 I.M. 3.605, Right-
of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient
shall contact the Department for assistance, as necessary, to ensure compliance with the required
procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain
environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and
protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the
Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way.
b. 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 funds were authorized, the Recipient
shall repay the sum or sums of Federal funds in the right-of-way to the Department.
7. Letting the Project.
a. The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified by a
Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and
other contract documents to the Department for review and approval to let the project.
b. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge
Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual
construction items shall be approved by the Department.
c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS&E to
the Department. As a condition for the Department 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 26.12.
d. If the project is to be accomplished via a .contract awarded by competitive bidding, the project will be let by the
Department in accordance with its normal letting procedures. After bids are received and reviewed, the
Department will furnish the Recipient with a tabulation of responsive bids.
e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest
responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient.
f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following
award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract,
two copies of the performance borid, and two copies of the certificate of insurance.
8. Construction.
a. 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 IAC Chapter 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.
b. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined
by the Department.
c. The Recipient shall comply with the procedures and responsibilities for materials testing according to
Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal
policy. The Recipient should use the Department's Construction Manual as a guide for conducting other
construction inspection activities.
EXHIBIT 1
Page 4
9. Payments.
a. After costs have been incurred, the Recipient may submit to the Department 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 paid in full and completed in substantial
compliance with the terms of this agreement.
b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project
costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will
be made either by State warrant or by crediting other accounts from which payment was initially made. If,
upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall
reimburse the overpaid amount to the Department. After the final audit or review is complete and after the
Recipient has provided all required paperwork, the Department will release the Federal or State funds
withheld.
c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total
funds collected shall include any Federal or State funds received, and any special assessments made by the
Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or
Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the
project. In the event that the total funds collected by the Recipient does exceed the total project costs, the
Recipient shall either:
1) refund to the assessed property owners the excess special assessments collected (including interest and
penalties associated with the amount of the excess), or
2) refund to the Department all funds collected in excess of the total project costs (including interest and
penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds: In
return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate
State fund account in the amount of refunds received from the Recipient.
10. Project Close-out.
a. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to .
the Department that the project was completed in substantial compliance with the plans and specifications set
out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts
the project as complete.
b. 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 these materials available at all
reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal
Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents
shall be retained for at least 3 years from the date of FHWA approval of the final amendment /modification to
the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by
FHWA, the Department will notify the Recipient of the record retention date.
c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable
to the Department and the FHWA.
""'~ 20
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa Ciry, IA 52240 (319)356-5410
RESOLUTION NO. 10-142
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER
MAIN PROJECT.
WHEREAS, Feldman Concrete of Dyersville, Iowa has submitted the lowest responsible bid of
$67,066.95 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Feldman Concrete, subject to the condition that awardee secure adequate performance
and payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 27th day of April , 20 i n
~Z~ ~
MAYOR
Approved by
ATTEST: ~ ~ ~• / lQrr~ ~" ~'2GS°~~ ~.J
CIT LERK City Attorney's Office ~/ as ~~~
It was moved by Wilburn
adopted, and upon roll call there were:
and seconded by Wright the Resolution be
AYES: NAYS: ABSENT:
~ Bailey
_
X Champion
X Correia
X Hayek
O'Donnell
X
X Wilburn
~_ Wright
Pwe ng/res/2010 paverepl-awrdcon.doc
4/10
r~
NOTICE TO BIDDERS
2010 PAVEMENT REPLACEMENT FOR
WATER MAIN PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 15'h day of April, 2010. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the
City Council at a meeting to be held in the Emma
J. Harvat Hall at 7:00 P.M. on the 27'h day of April,
2010, or at special meeting called for that
purpose.
The Project will involve the following:
Replacement of 2,944 SF PCC Pavement,
1,044 SF of HMA Pavement, 4,658 SF of 4"
Sidewalk, 409 SF of 6" Sidewalk and Curb Ramp,
224 SF of ADA Truncated Domes, and 2,025 SF
of Removals.
All work is to be done in strict compliance with
the plans and specifications prepared by the Iowa
City Engineer's Office, of Iowa City, Iowa, which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents: Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of five (5) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Specified Completion Date:
Division I: June 7, 2010
Division II: July 26, 2010
Division III: August 30, 2010
Liquidated Damages: $100.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the Iowa City Engineer, Iowa City,
Iowa, by bona fide bidders.
A $20.00 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 City of Iowa
City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
Ciry, Iowa.
MARIAN K. KARR, CITY CLERK
M~~,
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
RESOLUTION NO. 10-143
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER PROJECT.
WHEREAS, Knutson Construction Services Midwest, Inc. of Iowa City, Iowa has submitted the
lowest responsible bid of $3,784,000.00 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
Knutson Construction Services Midwest, Inc., subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The Director of Public Works is authorized to execute change orders as they may become
necessary in the construction of the above-named project.
Passed and approved this 27th day of April , 20 10
MAYOR
Approved by
ATTEST: J ~• 7~ 1O` `
CITY CLERK City Attorney's Office y 2~/~Q
It was moved by Bailey and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g Bailey
g Champion
~ Dickens
_~ Hayek
~, Mims
~ Wilburn
~ Wright
-~ ,
~~ ,,
pweng\res\EastsideRecycling-awrdcon. doc
4110
~~_,_-r,®~ CITY OF (OWA CITY 21
~ ~~~~~~~
®~~-~ RA N D U 1VI
MEN[O
Date: April 20, 2010
To: Dale Helling, Interim City Manager
From: Kumi Morris, Architectural Services Coordinator
Re: East Side Recycling Center Project- bids
On April 15, 2010, five bids were received and opened for the East Side Recycling
Center Project. The Public Works Department is recommending accepting both Bid
Package No. 1 and No. 2 with deduct Alternate No. 1., thus awarding the contract to the
apparent lowest responsible bidder Knutson Construction Services Midwest, Inc., with
$2,514,000 for Bid Package No.1 and $1,433,000 for Bid Package No.2 with Alternate
No. 1 deduct in the amount of $163,000; for a total amount of $3,784,000.
The Architect's estimate for the total of both Packages was in the amount of $4,441,000.
The East Side Recycling Project was bid with two base bid packages and three
alternates. The base bid for bid package No. 1 consists of a 20,300 square foot
addition to the existing building currently housing Habitat Restore and also includes the
renovation and remodeling of the existing building.
Bid Package No. 2 consists of a new 2,250 square foot Environmental Education Center
and associated sitework. The Environmental Center and associated site are targeted
for Platinum LEED Certification.
Alternate No. 1 is a deduct in the award of combined Bid Package No. 1 and Bid
Package No.2 to the same bidder. Alternates No. 2 and 3 were items to be incorporated
and deducted, respectively; in the case that Bid Package No. 2 would not be awarded.
S\ENG\ARCHITECTURE FILE\Projects\East Side Reycling Center\2010 Bid Documents and Front Ends\MEMO ESRC Bids to counciLDOC
;~^ ~ X71
NOTICE TO BIDDERS
EAST SIDE RECYCLING CENTER
PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City Iowa, until 2 P.M. on the 15tH
day of April, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee.
Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals
received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 27th day of April, 2010, or at a
special meeting called for that purpose. Apre-bid meeting will be held on site at 2401 Scott Boulevard in the
Restore Building on the 23~d of March, 2010 at 10:30 A.M.
The Project will involve the following:
New construction, additions and renovations to a recycling facility at 2401 Scott Blvd., Iowa City Iowa.
Work will be divided among two bid packages. Bid Package No. 1 consists of a 20,300 square foot addition
to the existing building currently housing Habitat Restore, renovation and remodeling of the existing building,
a motor oil recycling drop off, a wood chip and compost pick-up station, a salt storage building, abulk-water
distribution station and associated sitework. Bid Package No. 2 consists of a new 2,250 square foot
Environmental Education Center and associated sitework. Bid Package No. 2 will also include LEED
documentation activities. The Environmental Education Center and associated site are targeted for Platinum
LEED Certification. Both packages include sitework, general building construction, mechanical systems, and
electrical systems. Use of aground-source heat pump system, photovoltaic fixtures and wind generated
power will be incorporated into the mechanical and electrical packages of the second bid package.
All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery, Inc.,
of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami-
nation in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed
envelope, separate from the one containing the proposal, by a bid bond executed by a corporation
authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the
City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of
the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award of the contract, or until rejection is made. 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 com-
pletion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Construction Start Date: April 26, 2010
Specified End Date -Bid Package No. 1: December 31, 2010 (Buildings and sitework)
June 1, 2011 (Plantings)
July 1, 2011 (Final Completion)
Specified End Date -Bid Package No. 2: December 31, 2011 (Buildings and sitework)
June 1, 2012 (Plantings)
July 1, 2012 (Final Completion)
Liquidated Damages: $750.00 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Iowa
City Reprographics, at 114 South Dubuque Street, Iowa City, Iowa, 52240, phone number (319) 338-7872 by
bona fide bidders.
A $30.00 non-refundable and $110.00 refundable fee are 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
Iowa City Reprographics. Shipping is an extra fee.
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
O
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410
RESOLUTION NO. 10-144
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING
PROJECT.
04-27-10
22
WHEREAS, Gaylord Construction, Inc. of Ft. Madison, Iowa has submitted the lowest responsible
bid of $65,660.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Gaylord Construction Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 27th day of April , 20 ~ ~
MAYOR
Approved by
ATTEST: -uJ ~~a ~~-L~a~'c~,c~~'
CITY ERK City Attorney's Office y/~/iu
It was moved by Wilburn and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
X
~-
x
x
x
x
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Pwe ng/re sl2010wtrm a i n d i r-awrd co n. d oc
4/10
,ti
.1 rte.
NOTICE TO BIDDERS
2010 WATER MAIN DIRECTIONAL
BORING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 15th day of April, 2010. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the
City Council at a meeting to be held in the Emma
J. Harvat Hall at 7:00 P.M. on the 27th day of April,
2010, or at special meeting called for that
purpose.
The Project will involve the following:
Furnish labor, supplies and equipment to
install PVC water main by directional boring.
Directional Bore 6-inch PVC - 1,800 LF
Directional Bore 8-inch PVC - 3,040 LF
All work is to be done in strict compliance with
the plans and specifications prepared by the Iowa
City Engineer's Office of Iowa City, Iowa, which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of one (1) year from and after its completion and
formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Site 1 -Plum Street (Phase 1)
Working Days: 7
Specified Start Date: May 17, 2010
Liquidated Damages: $200.00 per day
Site 2 - 2"d Avenue and D Street
Working Days: 7
Specified Start Date: June 21, 2010
Liquidated Damages: $200.00 per day
Site 3 -Plum Street/Euclid Avenue (Phase 2)
including Crescent Street
Working Days: 7
Specified Start Date: July 26, 2010
Liquidated Damages: $200.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Iowa City Engineer's Office in Iowa City, Iowa,
by bona fide bidders.
A $20.00 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 the City of
Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on Ciry projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
~,~
Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410
RESOLUTION NO. 10-145
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION
PROJECT.
23
WHEREAS, Municipal Pipe Tool Company, LLC of Hudson, Iowa has submitted the lowest
responsible bid of $102,192.25 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Municipal Pipe Tool Company, LLC, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 27th day of April , 20 ~ n
~~
MAYOR
Approved by
ATTEST: 1,~.~cA~r/ 7~ • ~cr~r~
CIT LERK
3 JT 4~ ~l i " "ter iL/ ~..1~ !'T' "
City Attorney's Office <~~~~jU
It was moved by Mims and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
pweng/res/2010sanitarysewerrehatrawrdcon.doc
`~
NOTICE TO BIDDERS
2010 SANITARY SEWER REHABILITATION
PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 15'" day of April, 2010. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the
City Council at its next regular meeting to be held
in the Emma J. Harvat Hall at 7:00 P.M. on the
27t" day of April, 2010, or at a special meeting
called for that purpose.
The Project will involve the following:
Lining of 1,476 If of 8-inch diameter and 2,239
If of 12-inch diameter sanitary sewer pipe,
reinstatement of 11 service laterals, removal
of 3 protruding service taps and other
associated sewer lining work.
All work is to be done in strict compliance with the
plans and specifications prepared by the City of
Iowa City Engineering Division, of Iowa City, Iowa,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, 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 Council, 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) years from
and after its completion and formal acceptance by
the City.
The following limitations shall apply to this
Project:
Specified Completion Date: August 16, 2010
Liquidated Damages: $400 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 City Engineer, City Hall, Iowa City,
Iowa, by bona fide bidders.
A $30 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 the City of Iowa
City.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s). The
Contractor awarded the contract shall submit a list
on the Form of Agreement of the proposed
subcontractors, together with quantities, unit
prices and extended dollar amounts. If no minority
business enterprises (MBE) are utilized, the
Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
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.
By virtue of statutory authority, preference will 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
Preference Act applies to the contract with respect
to bidders who are not Iowa residents.
The Ciry 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
aY
DEFEATED 4/27/2010
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041
RESOLUTION NO.
RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID CLEAN-UP
OF PROPERTY 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 a certain lot for the actual unpaid abatement costs of cleaning
up property 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 § 364.13B 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 owner listed in Exhibit A has 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 amount listed in Exhibit A for unpaid clean-up property charges as stated in Exhibit A
is confirmed and levied against the property 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 May 27,
2010.
Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City,
Iowa. Until May 27, 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.
DEFEATED 4/27/2010
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 day of , 2010.
Mayor
ATTEST:
City Clerk
It was moved by and seconded by
adopted, and upon roll call there was:
AYES: NAYS:
~_
~-
~-
~_
~-
x
Approved by
~~ 3-~~<0
City Attorney/s Office
the Resolution be
ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
sue\Ord&ResW bateRes.doc
m_
x
w
~~" ~ i r 1
~xh _
~~®~~
~ni~ ~
.wr®~~~
-.~...~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
February 9, 2010 (319) 356-5009 fAX
www. icgov.org
Name
Address
City, State, ZIP
Dear Property Owner:
This is to notify you that the City Council will be considering a resolution on February
16, 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- 5040.
Sincerely,
Marian K. Karr
City Clerk
Enc.
Copy to: Accounting Division-w/enc.
24
RECEIVE
IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ~~AR ~ S 2010
SMALL CLAIMS DIVISION CITY ~rroRNEY's OFFICE
SIXTH JUDICIAL DISTRICT
CITY OF IOWA CITY, ) NO. CISC071684 ~ ~_
~= a
Plaintiff, ~ --
r~ - _ ~
__. --`
--- ::
ORDER -~ /- ~
vs. ~- _ M
- ~~ 1't
KEITH E. YENTER, )
) 'y ~y^~
~.../
Defendant. )
The court, having reviewed Plaintiff s Application for Entry of Judgment and the file
herein, finds that it should be granted for the reasons stated.
IT IS THEREFORE ORDERED that judgment is entered in favor of Plaintiff and against
Defendant for $2,475.23 at 0% interest.
IT IS FURTHER ORDERED that Defendant shall make monthly payments on the
judgment in the amount of $50.00 per month beginning May 1, 2010 and on the first day of each
succeeding month until the judgment is paid in full.
fi
Dated, this / 7 day of ` ~ CiJ~-C~- , 2 10.
GE
~-r7-to
Copies to:
Susan Dulek
City Attorney's Office
Keith Yenter
734 Oakland Ave.
Iowa City, IA 52240
M~~
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030
RESOLUTION NO. 10-146
RESOLUTION APPROVING,
MAYOR TO SIGN AND
PROFESSIONAL SERVICES
IOWA CITY AND SLAVIN
SERVICES IN CONNECTION
MANAGER.
AUTHORIZING AND DIRECTING THE
THE CITY CLERK TO ATTEST A
AGREEMENT BETWEEN THE CITY OF
MANAGEMENT CONSULTANTS FOR
WITH THE SEARCH FOR A NEW CITY
WHEREAS, City Council desires to conduct a search in order to identify the best
candidate for a new City Manager; and
WHEREAS, after requesting qualifications from interested executive search firms and
interviewing the same, the Council chose Slavin as its preferred search firm for the City
Manager search; and
WHEREAS, City staff and Slavin Management Consultants have negotiated an
agreement for services to provide assistance in the selection of candidates for the City
Manager position through a tailored search process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, AS FOLLOWS:
1. It is in the public interest to enter into the attached agreement.
2. The attached agreement is hereby approved as to form and content.
3. The Mayor is authorized to execute and City Clerk to attest the attached agreement
in duplicate.
4. The City Clerk shall forward one copy of the fully-executed agreement to Slavin.
25
Passed and approved this 27th day of April _, 2010.
/~AO~^ S4
MAYOR
ATTEST:
~CIT LERK Ap o ed by
~- -/D
City Attorney's Office
Resolution No. 10-146
Page Z
It was moved by Mims and seconded by Wight the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
Champion
~_ Dickens
_~_
X Hayek
x Mims
X Wilburn
~- Wright
wpdata/glossary/resolution-ic.doc
SEARCH SERVICES AGREEMENT
This Agreement, made and entered into on this ~ day of April, 2010, by and between
the City of Iowa City, Iowa (hereinafter referred to as "Client") and Slavin Management
Consultants (hereinafter referred to as "Contractor"), is for the providing of consulting
services as set out in the Contractor's proposal dated March 3, 2010.
I. The parties hereto agree to the following provisions:
A. Services and Compensation
(a) Contractor shall provide to Client the consulting services as set forth in
Contractor's proposal dated March 3, 2010, which proposal is attached
hereto and incorporated herein.
(b) For the work outlined in the above-referenced proposal, Client will pay
Contractor $14,165.00 for professional fees.
(c) Expenses will not exceed 55% of the professional fee ($7,790.75) and will
include such items as travel, advertising, telephone, background checks,
administrative/ word processing support, supplies, report production and
other directly related costs.
(d) Contractor will submit three equal monthly invoices of $4,249.50,
withholding 10% ($1,416.50) of the total project fees which will be paid
within thirty (30) days of satisfactory completion of the project. Actual
expenses will also be included as incurred.
(e) Contractor guarantees its work and will redo the search if the position is
vacated, for any reason, within two years. of the employment date of a
candidate selected by the City through Contractor's efforts. If Contractor is
unable to redo the search for any reason it shall reimburse Client for all
professional fees paid hereunder.
(f) Contractor's ability to carry out the work required is heavily dependent
upon past experience in providing similar services to others, and
Contractor expects to continue to perform such work in the future. The
confidential nature of any information received from Client or developed
during the work will be preserved in accordance with Contractor's
professional standards.
(g) Contractor assures employment of the best efforts to carry out the work
required. The results obtained, recommendations and any written material
provided will represent Contractor's best judgment based on the
information available.
B. General Terms
(a) The Contractor shall not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts.
1. 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) Either party may terminate this agreement in whole or in part by the giving
of ten (10) days written notice to the other party, provided that one of the
following stipulations are satisfied:
1) If termination is effected by Client, the Client will pay Contractor for
all work performed through and including the date of termination;
OR
2) If termination is effected by Contractor, the Contractor will complete
work for all compensation received and issue a final invoice for
services performed through and including the date of termination,
which invoice shall be paid by Client within thirty (30) days.
(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 Contractor by the City
for the purpose of the Project shall be as an independent contractor and
shall be exclusive, but the Contractor shall have the right to employ such
assistance as may be required for the performance of the Project.
(e) 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.
(f) At the request of the City, the Contractor 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 Contractor to assure
attendance.
(g) The City agrees to tender the Contractor all fees in a timely manner,
excepting, however, that failure of the Contractor 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.
(h) 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.
(i) Upon signing this agreement, Contractor 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.
(j) The Contractor agrees at all times material to this Agreement to have and
maintain professional liability insurance covering the Contractor's liability
for the Contractor's negligent acts, errors and omissions to the City in the
sum of $1,000,000.
SLAVIN MANAGEMENT CONSULTANTS by: _ ~
~°
''Robert E. Slavin, President
Date /~ ~~ ~ 0~~
THE CITY OF IOWA CITY, IOWA by:
~~..~tr y
Matthew J. H k, Mayor
Approved by ATTEST: ~~ ~ • ~1~
Mari K. Karr, City Clerk
City Attorney's Office
Date ~~~~ .~? 20 r o
SLAVIN M GEMEN'T
CUNS[JL'l'ANTS
April 21, 2010
Ms. Marian Karr
City Clerk
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Re: City Manager Search
Dear Marian,
The first phase of the City Manager search process is to develop a recruitment profile which captures the
City Council's desires and expectations concerning Iowa City's next City Manager. All I actually need to
accomplish this is an hour each of Mayor Hayek's and each Council member's time and some current
information about the City, the City government and the City Manager position. Most of this information is
on the City's web site.
I know, however, that the Council is considering community involvement in the search process. I
encouraged this when I spoke before them on April 9t". As I told the Council, I find it valuable to meet with
community leaders (and department heads) as we are developing the recruitment profile at the beginning
of the search.
Although, community involvement frequently occurs again at the end of the search, usually in the form of a
"meet and greet" with the finalist candidates, I will discuss this possibility with the Council when we meet.
Right now, I need for them to decide if they want community involvement at the beginning of the search
and, if so, how they want it to occur. When this is done, often specific community stakeholders are
selected by the Council and scheduled to meet with us (individually or in groups) during our first visit to the
City. There are obvious planning and scheduling implications to this.
The project timetable is about 90 days from the City Council's approval of the recruitment profile until
finalists candidates are interviewed by the Council. We will prepare a profile draft and submit it to the
Council for approval within two weeks of our initial trip to meet with the Council. The City's specific
schedule is dependent on when we can start the project. I know that the Council has some availability
issues in mid-May and, as you know, I do too. My first two weeks in May are pretty well scheduled. I
understand that the last two weeks in May Council Members have scheduling conflicts. Therefore, it might
be best to schedule time in Iowa City on June 3 & 4. Times will be set with individual Council Members. If
Council wants us to meet with community members and staff, we could accomplish that earlier in that same
week. It is not necessary to meet with Council as a group during this visit unless Council wishes to do so.
I know that the Council will consider our contract and discuss the City Manager search at its April 27"'
meeting. Let me know if you have questions or need additional information in preparation for their
discussion.
c~
Cordially,
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SLAVIN MANAGEMENT CONSULTANTS ~.,.,; N ~~
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Robert E. Slavin, President ;~-~ .~