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HomeMy WebLinkAbout2013-02-05 Resolution--I 4d(2) mosomomm Prepared by: Sarah Holecek, Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO 13 -26 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND CITY OF CEDAR RAPIDS FOR POLICE RANGE USAGE AND FUNDING OF IMPROVEMENTS TO THE EXISTING CRPD FACILITY WHEREAS, the Iowa City Police Department has "s ae rched without success for property to build an area law enforcement range; and WHEREAS, the Iowa City Police Department currently utilizes the range operated by the Cedar Rapids Police Department; and WHEREAS, the City of Cedar Rapids and the City of Iowa City have agreed to terms, as memorialized in the attached Memorandum of Agreement, under which the City of Iowa City will financially contribute to improvements at the existing Cedar Rapids range in return for guaranteed range dates, priority in picking the training dates, a key to the facility, on site storage, waiver of usage fees and free tuition to the Cedar Rapids Police Academy; and WHEREAS, funding for Iowa City's contribution to these improvements, in the sum of $100,000, is available from the 2009 and 2012 Byrne JAG grants and asset forfeiture funds as follows: 2012 Byrne JAG grant of $16,726.00, 2009 Byrne JAG grant of $31,927.00 and asset forfeiture funding of $51,347.00; and WHEREAS, it is in the public interest to execute the interlocal Memorandum of Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is hereby authorized to sign and the City Clerk to attest, in duplicate, an interlocal Memorandum of Agreement for cooperation between the City of Iowa City and City of Cedar Rapids, Iowa, attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with one executed duplicate of the original Memorandum of Agreement and shall forward one original of same to the City of Cedar Rapids, Iowa. Passed and approved this 5th day of February 2013. W T=210 ATTEST:�i/s A , proved by: �- -TY CLERK ity At drney's Office Resolution No. Page 2 It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CEDAR RAPIDS, IOWA FOR ACCESS AND USE OF THE CEDAR RAPIDS POLICE DEPARTMENT SHOOTING RANGE GENERAL PROVISIONS 1. PURPOSE: The purpose of this Memorandum of Agreement (MOA) between the City of Iowa City, Iowa ( "Iowa City ") and the City of Cedar Rapids, Iowa ( "Cedar Rapids "), hereinafter collectively referred to as the "parties ", is to define the terms and conditions regarding Iowa City's use of the Cedar Rapids Police Department's shooting range located at 2727 Old River Road SW, Cedar Rapids, Iowa 52404, (hereinafter "the shooting range" or "the Premises "). 2. BACKGROUND: The Iowa City Police Department has requested permission to use the Premises, which is owned by the City of Cedar Rapids, to conduct firearms training for its officers, employees and /or appointees. Subject to the availability of finding Iowa City shall provide Cedar Rapids $100,000 between July 1, 2012 and June 30, 2014 as set forth hereinbelow: a) Forty -eight thousand six hundred fifty -three dollars ($48,653.00) will be used for the construction of a turning target system and any other equipment needs. b) Fifty -one thousand three hundred forty -seven dollars ($51,347.00) will be used for the construction of the remaining range projects and improvements, as shown on Exhibit A, attached hereto and by this reference incorporated herein. Should there be any finds not spent as described above, Cedar Rapids will spend those finds for projects and improvements which could be moved to a new location, should the shooting range be relocated during the term of this MOA. c) One year after the signing of this MOA, the parties will meet and agree upon maintenance fees to be paid to the City of Cedar Rapids to cover the ongoing costs of equipment repairs and replacement. Iowa City will pay a reasonable share of such costs as may be agreed upon by the parties. Any agreement will become an addendum, not a replacement, to this MOA. d) Cedar Rapids covenants that it will use all money received from Iowa City pursuant to this MOA as set forth in this MCA. 3. AUTHORITY: Both parties warrant that they have each taken all requisite steps to authorizing the execution of this MOA on their behalf. 4. IOWA CITY USE OF CEDAR RAPIDS SHOOTING RANGE: Iowa City shall have the right to use the Cedar Rapids shooting range as follows: a) Iowa City may use the shooting range for a minimum of 4 times per year, and on an as- needed basis, without charge, subject to the CRPD having priority use. b) Iowa City shall provide ammunition for its employees for their use of the facility. Iowa City shall store no firearms or ammunition at the shooting range. c) Iowa City covenants that it employees shall familiarize themselves with and shall abide by the rules and regulations of the use of the shooting range. d) Iowa City's use of the shooting range shall be limited to use by its certified peace officers and for necessary law enforcement training only. e) Iowa City shall present Cedar Rapids with proposed times and dates for use of the shooting range at least 30 clays in advance of use. All Iowa City use will be subject to Cedar Rapids' approval which shall not be unreasonably denied. I) Cedar Rapids shall furnish Iowa City with one key to the range. Iowa City shall not make any copies of this key. g) Cedar Rapids will provide an on -site storage area to Iowa City for range and shooting supplies. h) Cedar Rapids will waive the tuition fee for Iowa City students of the Cedar Rapids Police Department's Basic Police Academy Class during the term of this MOA. 5. LIABILITY: Iowa City shall defend indemnify and hold Cedar Rapids and its officers and employees harmless from any and all liability, claims, damages, or causes of action of any kind arising out Iowa City's use of the shooting range made possible by this MOA. Iowa City shall repair or replace any damage to any real or personal property of Cedar Rapids which occurs during Iowa City's use. Nothing herein shall be construed as supplanting any applicable statute, rule, or regulation or as waiving any applicable immunity. Cedar Rapids shall defend, indemnify and hold Iowa City and its officers and employees harmless from any and all liability, claims, damages or causes of action of any kind arising out of the use of the shooting range by the City of Cedar Rapids, its officers and employees. 6. POINTS OF CONTACT: The parties will designate points of contact (POC) for purposes of this MCA. The POCs will address and resolve all issues related to this agreement. The parties agree to coordinate safety issues, jurisdictional matters, and other issues through their designated POC. 7. SETTLEMENT OF DISPUTES: a) Every effort will be made to resolve disagreements arising under or relating to this MOA through consultation between the parties. b) Issues or problems arising under the MCA that cannot be resolved by POCs may be raised by any party, through appropriate chammis, to the ICPD Chief of Police and CRPD's Chief of Police, for resolution. 8. GRANT OF LICENSE: Iowa City may use, subject to all the terms and conditions stated or referenced herein, the Premises, including available parking areas. During the term of this MOA, the Iowa City officers and employees shall abide by any and all administrative, operational, and safety rules and regulations established by the Cedar Rapids Police Department during the use of the Premises by Iowa City. 9. AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION a) All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. b) Any party may terminate this MCA upon 30 days written notification to the other party. Such notice will be the subject of immediate consultation by the parties to decide upon the appropriate course of action. In the event of such termination, the following rules apply: I . The terminating party will continue participation, financial or otherwise, up to the effective date of termination. 2. Should this MCA be terminated by the City of Cedar Rapids prior to the end of the designated term, Cedar Rapids will reimburse Iowa City for the portion of the residual value of the improvements that were constructed with Iowa City's fiords. The residual value shall be calculated by the finding provided reduced by straight line depreciation over 25 years starting when the Iowa City first provides the finding described hereinabove. Reimbursement will not exceed the amount of funding provided by Iowa City. 10. TERM. This term of this MOA, which consists of I I sections, will begin upon signature by Cedar Rapids and will remain in effect for twenty -five (25) calendar years, unless terminated as provided for liereinabove. It may be extended by mutual written consent of the parties' authorized representatives. 11. COMPLETE AGREEMENT. This MOA is the complete and exclusive statement of agreement between the parties with respect to use of the Cedar Rapids shooting range located at 2727 Old River Road SW, Cedar Rapids, Iowa 52303. This MOA supersedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. This MOA is not intended to and does not inure to the benefit of or create a cause of action by any third parties. FOR THE CITY OF IOWA CITY f'F_t3. doLj Mayor, City of Iowa it Date City Clerk, City of Iowa City Date FOR THE CITY OF CEDAR RAPIDS 4 ';�2-- _ 3 -a-?—/3 Acting City Manager Date City Cl r , City of Cedar Rapids Date By City Attomey's Office 01/29/2015 11:36 FAX 910 206 5447 CRPD FIELD SUPPORT [a 002 CEDAR RAPIDS POLICE DEPARTMENT MEMORANDUM TO: Agencies Using CRPD Gun Range FROM: Officer Frank Vozenilek, Range Master SUBJECT: Use, Progress and Future Plans for the CRPD Range DATE: 01/23/12 As most of you know, the Cedar *Rapids Police DcpaAmetit is trying to upgrade and improve its gun range. This memo will provide you with the information about the current plans and progress. It also includes information about funding, ffimding source ideas, and estimated costs. The Cedar Rapids Police Department is looking for assistance with funding, and possibly with some of the necessary wont needed for completion of the range upgr ;ades and improvements. Partnering in this area would allow your agency to become involved with future development and use of the range, including protections and privileges to be spelled out in a Memq Of Understanding between our agencies. This will be addressed in more detail later in this memo.. The purpose of this memo is to give you, and your agencies the requisite infolTnation to present diumi i discussions about your budgets) and the opportunity to assist yourselves and the CRPD and make this a truly "regional range." Additionally, it will offer ideas to consider for sources of useable.funds, outside your normal annual budget. Some of the ideas the CRPD has used, currently uses, and.plans for the future include our annual budget, grants, and. seizure money. Other ideas and sources are welcome.. Hopefully many of you will recognize the advantages of having a truly regional range available for your u'se, and will want to become involved in thi s partnership. an desire a achieve the goals set forth within this memo and, thereby, ensure the 'We continued existence' of the range, as well as improve and maintain its quality and integrity as an available training resource. 01/23/2013 11:36 FAX 310 286 5447 CRPD FIELD SUPPORT [A 003 Improving and upgrading the range will benefit all agencies and their officers that use the .range, Currently there are more than 20 agencies and organizations that use the range. Some of the upgrades are as simple as new targets, which ensure a properly functioning system for qualifications and basic reaction training. Others will divide the range in such a mannei as to allow more than one agency to safely use the facility, completely separate from each other, or to allow one agency to run multiple drills or drill types, separate and safe from each other. These will improve range availability and all but eliminate scheduling problems. More importantly, it allows agencies to better manage their time, having less down time, and more shooting time. Additional improvements will allow for much more realistic training methods. This will include multiple target engagement, multidirectional engagement; and realistic scenarios. All of this will improve both the quality and quantity of the training your officers receive. From discussions during the meeting with many of you, in November, and through meetings within the CItPD, we have developed a list of some of the proposed benefits of becoming. involved in this partnership. First, you would be allowed to participate in discussions and plans for future phases for improvements and upgrades, You would have unhindered access to use current and future facilities and upgrades, i.e, shoothouses and technology based scenario training tools. Your department would be issued a key to access the range, eliminating the need to pick . up and return a key at the C1tPD. We would sot aside on -site areas for storage of cleaning equipment, targets, and other supplies for your agency. We would make available our ILEA instructors to supplement yours, or fill in, on occasion, if needed. You would be given access, through "Sharepoint'to view the range schedule. You would have scheduling pieference over non partnered organizations and agencies. And, finally, your officers would.be granted the swine privilege our officers have, of being given permissions to access the range off duty, for their own practice and self improvement, based on availability of the range. At this time, we have broken down the planned work into five phases. We also have hopes for future development above and beyond the initial five phases. Phase t is to get the first 25 turning targetsroplaced. We are currently working with one of.the agencies, trying to apply their available grant money to this.. , purpose. The CUD has agreed t6 at least match the grant funds, to make the difference to get the " first phase completed. This will include 25 turning targets and the components and software to make them function. Our goal is to get this phase at.least started, if not completed, before the end of the fiscal year, malting 01/29/2013 11:37 FAX 910 286 5447 CRPD FIELD SUPPORT 16 004 the next fiscal year's funds applicable to the next phase(s). At this time, we have no "official bids," but we have received quotes from a few companies the are considering for this part of,the project. Those quotes put this part of the Project, around, or just under $90,000. We are also looking at replacing the knee walls. The numbers on this, for a 50 target range, vary from $60,000 to $180,000, and do not, yet include a quote for a 25 target wall. We are working on getting numbers for a 36 inch (instead ,of the initially quoted 40 inch) wall, for 25 targets. Which phase will allow for the iucJusiou of the knee waft will depend upon the estimates for the wall and available funds. Phase II will be to remove the earthen berms and replace them with walls. This will give us more useable space on the range. Immediately upon completion, the walls will allow multiple agencies, or multiple training scenarios to safely.occur, without interference with each other. It will also lessen the hazards to the surrounding properties ftom ricochets associated with earthen berms. Again, we have no official bids on this, but did receive estimates for this work of about $290,000. Some of this cost can be offset and reduced depending on sources used for certdin parts of the project, like earth moving. Phase III will be an additional 25 turning targets. This will be slightly more expensive than phase I, because of the planned target type. phase I includes 90 degree basic turning targets. Phase III would lilcely include 180 degree shoot/no- shoot turning targets, which are individually programmable. Based on current estimates, this would-be about $1.1.0,000. Depending on available funds, and . timing, phases II and III may be interchanged or done simultaneously. They may also be adjusted based on the need and funding for knee walls. phase IV is planned to be a 100 yard rifle specific range, including up to 10 target lines. This will comply with current recommendations for rifle qualifications as well as required sniper qualifi cations. It will also improve all long gain training availability, which will increase officers.' confidence and proficiency with them. That may improve officer survivability by increasing Clio likelihood officers will appropriately deploy and use long guns. The estimate for this phase, not including walls and any necessary earth moving, is approximately $21,000. Phase V is by far the most expensive, acid extensive of the currently proposed phases. It includes lead reclamation and/or soil treatment and putting in place bullet traps. Due to environmental findings, needs, and again depending on funds, this phase may be moved to a different priority spot. The estimates for this phase 01/23/2013 11:37 FAX 310 286 5447 CRPD FIELD SUPPORT ?1005 are around $850,000 and higher, for the traps; This does not include the lead reclamation process. Finally, we are considering ideas for future improvements. These are far enough into the future we have not yet sought estimates for them, not have we finalized . these ideas. They are being included here to show our dedication to a process of ongoing upgrades to the range, to continue to improve upon training opportunities and training quality. The ideas include a 360 degree shoot house on the west end of the property, and/or a tactical area with 5 -10 additional shooting lanes — both, if they fit and funds can be gathered. We are considering turning the large storage facility on the back of the property into a simunition and airsoft training facility, with moveable walls. The ideas also include 2 towers — possibly with restrooms — another classroom, and increased parking. Ultimately, we want to establish a technology based scenario training arena —similar to a FATS system, only better. 1, and the CRPD as a whole, continue researching new funding'sources, including on -going grant searches and applications and seizure money. Our hope is to build a partnership with the agencies that share our range, to make a truly regional asset. Better training facilities allow improved training. Improved training creates more competent and confident officers. That would make our agencies and officers better equipped to handle the ever changing hazards, and fluidity of law eUforcQmerlt needs and the threats we face every day, and in the fut u•e' With your help we can make the CRPD range one of the best ranges in the Midwest. 01/23/2013 11:37 FAX 319 286 5447 CRPD FIELD SUPPORT [a 006 01/23/2013 11:38 FAX 310 280 5447 CRPD FIELD SUPPORT Key: A- 50' x 100' Metal building with dirt floor, currently used for storage Proposed use is a "Simunition" style shoot house /storage B - Heated and air conditioned building contaiaiug a classroom, restrooms, and an office C - Open Shelter D - Control tower, for lanes 2 & 3 R - Target/Weapon Maintenance Building F - Old bathrooms, proposed gas training building G - Proposed building for classroom, restrooms, and control tower for lanes 4 and L 1 -10 position 100 yard rifle range L 2 - 25 turning target range for up to 50 yard distance L 3 - 25 turning target range for up to 50 yard distance L 4 - "Running Man" range and/or additional 10 -15 turning targets L 5 - Open range for innumerable tactical set -ups, steel targets etc. With consideration for a 360 degree live fire shoot house i 2007 jae�co �. vis '°a • • - • ■ x la 52404 01/23/2013 11:38 FAX 319 288 5447 CRPD FIELD SUPPORT fb008 Estimated range development costs 25 fixed targets package (controls, compressor, hardware, shipping, and installation) $90,000 25 turning targets package (controls, compressor, hardware, shipping, and installation) $90,000 Kneewall for 50 targets (estimate differs based on height & material) $60- 180,000 10 rifle target system 100 yds. $21,000 Newly constructed side berms (remove earth, replace with constructed walls) $80- 120,000 Bullet traps Rough total $850,000 $1,300,000 Estimates do not include demolition, ground preparation, lead reclamation, proposed building (restroom, classroom, tower), earth movement, or development of west side of range. No raiding has been estimated at this time for a range design consultant. I-A-A ( ) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IO A AND CITY OF CEDAR FOR USE OF IOWA CEDAR RAPIDS POLICE DEPARTMENT SHOOTING RANGE 1. PURPOSE: The purpose of this Mem andum of Agreement (MOA) between the City of Iowa City, Iowa ( "Iowa City ") and the City o dar Rapids, Iowa ( "Cedar Rapids "), hereinafter collectively referred to as the "parties" is to efine the terms and conditions regarding Iowa City's use of the Cedar Rapids Police Depa ment' shooting range located at 2727 Old River Road SW, Cedar Rapids, Iowa 52404, (herein er "the ooting range" or "the Premises "). 2. BACKGROUND: The Iowa ity Police De ment has requested permission to use the Premises, which is owned by th City of Cedar R ids, to conduct firearms training for its officers, employees and/or appointees. ubject to the avail ility of funding Iowa City shall provide Cedar Rapids $100,000 between Ju 1, 2012 and June 3 2014 as set forth hereinbelow: a) Forty -eight tho sand six hundred fifty -thr e dollars ($48,653.00) will be used for the construction o a turning target system and y other equipment needs. b) Fifty -one t usand three hundred forty -seven ollars ($51,347.00) will be used for the constructi of the remaining range projects d improvements, as shown on Exhibit A, attach d hereto and by this reference incorp ated herein. ShouldAhere be any funds not spent as described kbove, Cedar Rapids will spend those funds or projects and improvements which could ke moved to a new location, should the s ooting range be relocated during the term oft is MOA. C) O e year after the signing of this MOA, the parties wi meet and agree upon r aintenance fees to be paid to the City of Cedar Rapids \O cover the ongoing costs of equipment repairs and replacement. Iowa City will pay a easonable share of such costs as may be agreed upon by the parties. Any agreemen will become an addendum, not a replacement, to this MOA. d) Cedar Rapids covenants that it will use all money received from Iowa City pursuant to this MOA as set forth in this MOA. 3. AUTHORITY: Both parties warrant that they have each taken all requisite steps to authorizing the execution of this MOA on their behalf. 4. IOWA CITY USE OF CEDAR RAPIDS SHOOTING RANGE: Iow�f City shall have the right to use the Cedar Rapids shooting range as follows: Iowa City may se the shooting range for a minimum 9f 4 times per year, and on an as- needed basis, without charge, subject to the CRP)6 having priority use. a) Iowa City shall p vide ammunition for its emp yees for their use of the facility. Iowa City shall st a no firearms or ammuniti n at the shooting range. b) Iowa City covenant that it employees abide by the rules an regulations of tl c) Iowa City's use of the hooting ran officers and for necess law enf rce familiarize themselves with and shall of the shooting range. shall be limited to use by its certified peace ment training only. d) Iowa City shall present dar apids with proposed times and dates for use of the shooting range at least 30 a s in advance of use. All Iowa City use will be subject to Cedar Rapids' approval hich shall not be unreasonably denied. e) Cedar Rapids shall h I w a City with one key to the range. Iowa City shall not make any copies this k y. Cedar Rapids will rovide an o -site storage area to Iowa City for range and shooting supplie f) Cedar Rapids 11 waive the tuiti fee for Iowa City students of the Cedar Rapids Police Department's Basic Police cademy Class during the term of this MOA. 5. LIABILITY: Iowa City shall defend indemni and hold Cedar Rapids and its officers and employees harmless from any and all liabili , claims, damages, or causes of action of any kind arising out Iowa City's use of the shooti g range made possible by this MOA. Iowa City shall repair or replace any damage to any r al or personal property of Cedar Rapids which occurs duri g Iowa City's use. Nothing herein hall be construed as supplanting any applicable statut ,rule, or regulation or as waiving an applicable immunity. 6. POINTS OF CONTACT: The parties will designate oints of contact (POC) for purposes of this MOA. The POCs will address and resolve all issues elated to this agreement. The parties agree to coordinate safety issues, jurisdictional matters, other issues through their designated POC. 7. SETTLEMENT OF DISPUTES: a) Every effort will be made to resolve disagreements ariIn g under or relating to this MOA through consultation between the parties. b) Issues or probl ms arising under the MOA that c t be resolved by POCs may be raised by any p y, through appropriate channels, o the ICPD Chief of Police and CRPD's Chief Police, for resolution. 8. GRANT OF LICENSE: wa City may use, subject all the terms and conditions stated or referenced herein, the Premise including available p ing areas. During the term of this MOA, the Iowa City shall abide by an and all administrativ , operational, and safety rules and regulations established by the Ce ar Rapids Police epartment during the use of the Premises by Iowa City. 9. AMENDMENT, TERMINATION, ENTW INTO FORCE, AND DURATION a) All activities of the parties nder his MOA will be carried out in accordance with the terms and conditions of 1 hi VJL A. b) Any party may terminate thi OA upon 30 days written notification to the other parties. Such notice will be h subject of immediate consultation by the parties to decide upon the appropri e co se of action. In the event of such termination, the following rules apply: 1. The termi ting party *11 continue participation, financial or otherwise, up to the eff tive date of rmination. 2. Should t is MOA be to inated by the City of Cedar Rapids prior to the end of the signated term, C ar Rapids will reimburse Iowa City for the portio of the residual val of the improvements that were constructed with owa City's funds. Th residual value shall be calculated by the fun ng provided reduced by traight line depreciation over 25 years st ing when the Iowa City fi t provides the funding described h, . Reimbursemen will not exceed the amount of funding provided by Iowa City. 10. TERM. This term of this MOA, which consists of 1 sections, will begin upon signature by Cedar Rapids and will remain in effect for twenty -five (25) calendar years, unless terminated as provided for hereriabove. It may be extended by mutual wri en consent of the parties' authorized representatives.,.,,," 11. COMPLETE AGREEMENT. This MOA is the completx and exclusive statement of agreement between the parties with respect to use of the Cedar Ra 'ds shooting range located at 2727 Old River Road SW, Cedar Rapids, Iowa 52303. This MOA s ersedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOA will be carried out in accordance with the terms and condit' ns of this MOA. This MOA is not intended to and does not inure to the benefit of or create a caue of action by any third parties. FOR THE CITY OF IOWA Mayor, City of Iowa City Date City Clerk, City of Iowa City , Date FOR THE CITY OF CEDAR RAPIDS City Manager City Clerk, City of Cedar Rapids 1 ~_ worm 1� 4� ,' W4 CITY OF IOWA CITY MEMORANDUM Date: January 24, 2013 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Agreement Elder Services, February 5, 2012 City Council Meeting Introduction: At the February 5, 2013 City Council meeting, consideration will be given to a resolution authorizing Iowa City Transit to enter into an agreement with Coralville Transit and Elder Services, Inc. to continue to provide a local match for a New Freedom Grant funding a Volunteer Transportation Coordinator. History /background: Last year, Iowa City was awarded New Freedoms funding to be used for a Volunteer Transportation Coordinator for services provided by Elder Services, Inc. This was a joint project with Iowa City, Coralville and Elder Services to provide door through door service for medical related appointments which goes above and beyond ADA requirements. Iowa City applied for and was again awarded New Freedom funding for a Volunteer Coordinator position for Elder Services, Inc. to oversee and coordinate the activities of the program. The funding was awarded for FFY2013 with an extension until December of 2014. Discussion of Solution: Iowa City Transit is only responsible for funding of a portion of the match for the Volunteer Transportation Coordinator to be employed by Elder Services, Inc. No staffing will be required and no additional positions will need to be authorized. We see this service as a benefit to our transportation system as it fills a deficiency that has been outlined for the past several years. Financial Impact: The financial impact of authorizing the agreement will be $4,232.00 to the Transit budget for the upcoming year with no funds required beyond that. Coralville Transit will fund $1,126 with Elder Services picking up the remaining balance of $5,358 for the upcoming year. Elder Services will be responsible for all local match funds for the future years. Recommendation: It is the recommendation of the Transportation Services Department to authorize the agreement for the matching funding of a Volunteer Transportation Coordinator. 4d(3) am Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5156 RESOLUTION NO. 1'1 -97 RESOLUTION AUTHORIZING IOWA CITY TRANSIT TO ENTER INTO AN AGREEMENT WITH CORALVILLE TRANSIT AND ELDER SERVICES, INC. TO PROVIDE MATCHING FUNDS FOR A NEW FREEDOM GRANT WHEREAS, the City of Iowa City received New Freedom Grant funds through an application submitted to the Iowa Department of Transportation by Iowa City Transit to jointly fund a Volunteer Transportation Coordinator with Coralville Transit and Elder Services Inc.; and WHEREAS, Iowa City Transit's portion of the required matching funds for this New Freedom Grant is $4,232.00; and WHEREAS, funds for this contract are available in the Transit account: 7150 - 417200 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Agreement for funding of a Volunteer Transportation Coordinator position between the City of Iowa City, City of Coralville and Elder Services Inc. is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in triplicate same on behalf of the City of Iowa City. Passed and approved this 5th day of February 120 13 n MAYOR j Approved by �i ATTEST: �c 5 <,1f :2" ) A-- CITY LERK City Attorney's Office It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X X X X NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton New Freedom Grant Proiect Agreement This agreement is made and entered into by and between the City of Iowa City, Iowa (IOWA CITY), the City of Coralville, Iowa ( CORALVILLE), and Elder Services, Inc. (ELDER SERVICES). WHEREAS, IOWA CITY applied for and received a New Freedom grant through the Iowa Department of Transportation (IDOT) to jointly fund a Volunteer Transportation Coordinator position with CORALVILLE and ELDER SERVICES; and WHEREAS, IOWA CITY, CORALVILLE, and ELDER SERVICES wish to memorialize their agreement in effectuating the program; and WHEREAS, the purpose of the application was funding a Volunteer Transportation Coordinator for a program that targets those that cannot use the fixed route or paratransit (SEATS) services for medical related appointments, going above and beyond ADA requirements by providing door - through -door service; and WHEREAS, a $42,864 New Freedom grant was awarded for Federal Fiscal Year (FFY) 2013, in which both IOWA CITY and CORALVILLE Transit agreed to fund half of the required 20% match, with ELDER SERVICES funding the other half of the match amount; and Whereas, the New Freedom grant funds have also been awarded for Federal Fiscal Year 2014 at the $42,864 funding level and for the first quarter of Federal Fiscal Year 2015 at $10,716. The required 20% match will be the responsibility of Elder Services. WHEREAS, the grant funding will cover the period of October 1, 2012 - December 31, 2014, with the first quarterly payment made in January 2012. I. Budget The Budget for this project, with contributions from IOWA CITY and CORALVILLE, will be as follows: FFY2013 Total Cost New Freedom (80 %) Local (20 %) Volunteer Transportation Coordinator: $53,580 $42,864 $10,716 Half of the $10,716 local match ($5,358) will be split by IOWA CITY and CORALVILLE ($4,232 IOWA CITY and $1,126 CORALVILLE) based on the total percentage of operating budget for each agency. Elder Services will be responsible for $5,358 in match. FFY2014 Total Cost New Freedom (80 %) Local (20 %) Volunteer Transportation Coordinator: $53,580 $42,864 $10,716 All of the $10,716 local match will be the responsibility of Elder Services. FFY2015 Total Cost New Freedom (80 %) Local (20 %) Volunteer Transportation Coordinator: $53,580 $10,716 $2,679 All of the $2,679 local match will be the responsibility of Elder Services. II. Quarterly Payments The quarterly payments to ELDER SERVICES will consist of the following: FFY2013 New Freedom funds from Iowa DOT: $10,716.00 Local matching funds: IOWA CITY: $ 1,058.00 CORALVILLE: $ 281.50 Total quarterly funding $12,055.50 The IDOT and IOWA CITY funds may be paid as one amount ($11,774) since IOWA CITY will be requesting the quarterly funds from IDOT. CORALVILLE will pay ELDER SERVICES directly each quarter. FFY2014 New Freedom funds from Iowa DOT: $10,716.00 Local matching funds: IOWA CITY: $ 0.00 CORALVILLE: $ 0.00 Total quarterly funding $10,716.00 IOWA CITY will request the New Freedom funds ($10,716) through the IDOT to be paid to Elder Services each quarter. FFY2015 (1st quarter only) New Freedom funds from Iowa DOT: $10,716.00 Local matching funds: IOWA CITY: $ 0.00 CORALVILLE: $ 0.00 Total quarterly funding $10,716.00 IOWA CITY will request the New Freedom funds ($10,716) through the IDOT to be paid to Elder Services after the 1st quarter. III. Payment Schedule FFY2013 Iowa DOT /Iowa City Transit Coralville Transit January 2013 (end of 1' quarter): $11,774.00 $281.50 April 2013 (end of 2nd quarter): $11,774.00 $281.50 July 2013 (end of 3`d quarter): $11,774.00 $281.50 October 2013 (end of 4th quarter): $11,774.00 $281.50 Iowa City/ FFY2014 Iowa DOT Coralville Transit January 2014 (end of 1st quarter): $10,716.00 $0 April 2014 (end of 2nd quarter): $10,716.00 $0 July 2014 (end of 3rd quarter): $10,716.00 $0 October 2014 (end of 4th quarter): $10,716.00 $0 Iowa City/ FFY2015 (1st quarter only) Iowa DOT Coralville Transit January 2015 (end of 1 st quarter): $10,716.00 $0 IV. Quarterly Reports ELDER SERVICES will be required to provide the necessary information for the quarterly IDOT report. The report is required before IDOT releases the grant funds. The information necessary to complete the report will include: Number of patients with dementia -type diagnosis provided with one -on -one transportation assistance for follow -up non - emergency hospital visits and medical appointments. 2. Number of riders unable to navigate any form of public transportation provided with one - on -one transportation assistance to medical appointments. 3. Number of patients provided with one -on -one transportation assistance for outpatient procedures. 4. Number of rides referred to and provided by ELDER SERVICES, Retired and Senior Volunteer Program (RSVP), and Johnson County SEATS. 5. Number of volunteer revenue miles. 6. Number of active volunteers providing service. 7. Other volunteer transportation issues and needs identified by county /city /human service agency /MPOJC /Johnson County Livable Communities Transportation Committee. 8. General comments V. Form of Agreement Susan Wehr, Executive Director for ELDER SERVICES affirms and attests that she is authorized to bind ELDER SERVICES to the terms of this Agreement. Any amendments to this Agreement shall be in writing and signed by all parties. IOWA CITY, CORALVILLE, and ELDER SERVICES shall work to promote the shared goals and intent of this Agreement. As grant holder, IOWA CITY shall have final decision - making authority. CITY OF IOWA CITY By: Jc7-ttL � _l C lle . Matthew J. Hayek, Mayor Attest: City , Marian K. Karr Apprgved by: Iowa City Attorney's Office By: Qu� I � .) 1 Susan Wehr, Executive Director, Elder Services, Inc. CITY OF CORALVILLE By: '�- , "° 'qf' Li Am Fausett, May-or Attest: City Clerk, Thorsten Johnson M-�3 "02' - 4■M MMWM Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -28 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1524 SYCAMORE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property, Visiting Nurse Association of Johnson County, on December 6, 2011, recorded on December 6, 2011, in Book 4841, Page 410 through Page 414in the Johnson County Recorder's Office covering the following described real estate: Lot 1, Mall First Addition to Iowa City, Iowa, as per the plat thereof recorded in Plat Book 9, Page 41, Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has financed a mortgage to the owner of the property located at 1524 Sycamore Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Coralville, Iowa. Passed and approved this 5th day of February _,20 13 I LTA 0- ATTEST: AaAeu� e. CITY"CtERK Approved by -a� -,13 City Attorney's Office Resolution No. 13 -28 Page 2 It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X x x x x x —x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $230,000, and was executed by Visiting Nurse Association of Johnson County (herein the Owner), dated December 6, 2011, recorded December 6, 2011, in Book 4841, Page 410 through Page 414, Johnson County Recorder's Office, covering the following described real property: Lot 1, Mall First Addition to Iowa City, Iowa, as per the plat thereof recorded in Plat Book 9, Page 41, Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $975,000.00 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted 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. rA Dated this -day of FeB Ruare 12013 CITY OF IOWA CITY � ♦1 Attest: City Cl-erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By -4 & -4.,0r VlLe f('esl f .,WA , o c.'t On this S `A ` day of rrzP-u6LaA , 20 13 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matik"V Z pox.--A and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal 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. /3 -a 8 passed (the Resolution adopted) by the City Council, under Roll Call No. ------ of the City Council on the 5 th day of Fe aguAR U 120 /3 , and that M a- fit kew r7` - f4a!r-eK and Marian K. Karr acknowled ed 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. SONDRAE FORT i Commission Number 159791 My Comm i on ires J015 1 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this V-241 day of JapVArV 12012— , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .faA LZL0635 4A , to me personally known, who being by me duly sworn, did say that he /she is the Sen, -of' �ILe i��,�S►Olt(* of #,'115 &k that said instrum(e% was signed on behalf of said corporation by authority of its Board of Directors; and that sai( or acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Pik PA-0 ERIN C. STEPHENS Notary Public in and for the State of Iowa _r Commission Number 753132 My Commission Expires to —ta -14 , My Commission expires: lQ - P - 14 W 02w01-1 3 4d(5) MMMIN,■IIIIII■III Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 13 -29 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILIATION AGREEMENT AND A MORTGAGE FOR THE PROPERTY LOCATED AT 603 GRANT STREET, IOWA CITY, IOWA. WHEREAS, on November 15, 1995, the owners executed a Rehabilitation Agreement and a Mortgage with the City of Iowa City for assistance from the Housing Rehabilitation Program; and WHEREAS, the terms of the loan have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these 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 Lien for recordation, whereby the City does release the liens for the property located at 603 Grant Street, Iowa City, Iowa from a Rehabilitation Agreement and a Mortgage recorded November 22, 1995, Book 2000, Page 229 through Page 232, and Book 2000, Page 233 through 240, of the Johnson County Recorder's Office. Passed and approved this 5th day of February , 2013 MAYOR ',, - 6X �i- Approved by City Attorney's Office It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens x Dobyns X Hayek X Mims X Payne X Throgmorton 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): Philip Gabe and Patricia Edwards Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Lot 15, Block 2, Rundell, Iowa City, Iowa According to the recorded plat thereof. from an obligation of the owners, Philip Gabe and Patricia Edwards, to the City of Iowa City represented by a Rehabilitation Agreement and a Mortgage recorded November 22, 1995, Book 2000, Page 229 through 232, and Book 2000, Page 233 through Page 240, 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: P�!liL2� CITY &ERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ► • • • .0 Approved by City Attorney's Office On this -- day of !'i- "UAl2U , A.D. 20,_/,3_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeb3 ed 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.,73 —a71 , adopted by the City Council on the 9 *" day 20—L 3_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAEFa T �--• _ t Commission Numb59791 .�dn� E;r-s My Commission ires Notary Public in and for Johnson County, Iowa 31-71-70 All Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 13 -30 RESOLUTION ACCEPTING THE WORK FOR THE EAST SIDE RECYCLING CENTER PROJECT AND AUTHORIZING THE EXECUTION OF AN EXTENDED WARRANTY AGREEMENT WHEREAS, the Engineering Division has recommended that the work for the construction of the East Side Recycling Center Project, as included in a contract between the City of Iowa City and Knutson Construction Services Midwest Inc., of Iowa City, Iowa, dated April 27, 2010, be accepted; and WHEREAS, in addition to the original obligations and warranties granted by the original agreement dated April 27, 2010, and as a condition for acceptance of this project, the City of Iowa City and Knutson Construction Services Midwest Inc., have entered into an agreement that extends the warranty on the Precast Concrete with Architectural Finish for a period of 10 years from the date of final acceptance; and, WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the East Side Recycling Center account # 3316; and WHEREAS, the final contract price is $3,820,143.82. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. Said improvements are hereby accepted by the City of Iowa City, Iowa; and 2. The Mayor is authorized to execute and the City Clerk to attest the Extended Warranty Agreement, in a form approved by the City Attorney's Office Passed and approved this 5th day of February , 20 13 MAYOR Approved by ATTEST: ,� it - 7Cc�i1iL' ,9�C00O� AW7 , CITY LERK City Attorney's Office �/1/�3 Resolution No. Page 2 13 -30 It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x x Payne Throgmorton S: \ENG \PMResolutions \Project Resolutions\Hccept Project \East Side Recycling Center \Resolution Accepting East Side Recycling Center Project 02 04 2013.doc2113 KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. — EXTENDED WARRANTY PROJECT: EAST SIDE 12ECYCLING CENTER LOCATION: IOWA CITY, IOWA WARRANTY: E'XTE'NDED 10 YEAR WARRANTY DATE: 1/22/2013 TYPE: PRECAST CONCRE'1711 WITH ARCIiITECTURAI., FINISH On April 27, 2010, the City of Iowa City and Knutson Construction Services Midwest, Inc. ( "Knutson ") entered into an agreement titled "Form of Agreement ", for the construction of the Eastside Recycling Center. Said agreement is incorporated herein by this reference. Pursuant to said agreement, Knutson was to install Structural Precast Concrete with Architectural Finish (the "Material "). Knutson acknowledges that it is obligated to and has provided warranties for all material Knutson provided directly or indirectly, including such Structural Precast Concrete with Architectural Finish. Said Agreement is incorporated herein by this reference. In addition to the obligations and warranties granted therein, and any implied warranties, Knutson does hereby specifically warrant to the City that it will guarantee the Material against unacceptable cracking to maintain both the structural integrity of the Material and the appearance of the architectural finish in accordance with the Plan Specifications for a period of 10 years from the date of final, formal acceptance of the work by the City. Knutson will cause an experienced precast technician to perform any necessary repairs, modifications or replacement of all Structural Precast Concrete with Architectural Finish panels or portions thereof containing cracks other than hairline cracks in the Material which do not affect either the structural integrity or the appearance, as determined by the process described in the following paragraph of this Warranty, at no cost to the City. Knutson will further perform any necessary repairs, modifications or replacement of any other building materials and components damaged as a result of work performed on the Material pursuant to this extended warranty, or damaged during the course of making repairs, modifications or replacement thereto. If the City discovers what it considers to be a crack or cracks in the Material, it will notify Knutson. The City and Knutson shall inspect the conditions and attempt to agree on the question of whether the observed cracks or cracking affect either the structural integrity or appearance of the Material. If the City and Knutson are unable to agree, the City and Knutson agree on Shive - Hattety, Inc. as an independent thud -party to decide if the observed cracks or cracking affect the structural integrity or the appearance of the Material and to determine what specific remedial measures, if any, Knutson will be obligated to undertake to satisfy the terms of this extended warranty. Shive - Hattery, Inc.'s decision shall be binding on the City and Knutson. Knutson shall cause the necessary remedial work, as required by Shive- Hattery, Inc., to be performed within a reasonable period of time and will coordinate its work with the City. In consideration of Knutson granting this extended warranty, the City agrees that it will perform inspection and preventative maintenance as follows: The City acknowledges that Knutson's warranties under the contract and this Extended Warranty do not extend to damages or defects caused by abuse, alterations to the work not performed by Knutson, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. The City further acknowledges that it shall perform proper and sufficient maintenance on the Structural Precast Concrete with Architectural Finish, in accordance with the Operations and Maintenance Manual. If, in the performance of such {01322161.DOCX) maintenance, the City discovers cracks other than hairline cracks which do not affect either the structural integrity or the appearance of the Material, it will immediately notify Knutson of such discovery. Nothing in this Warranty is intended to hi-nit claims by the Owner related to performance of or quality of the work. The Owner and contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations with respect to any dispute. KNUTSON CONSTRUCTION SERV CES MIDWEST, INC. BY: CITY OF IOWA CITY BY: A Mayor of Iowa City ATTEST: City Clerk I01322161.DOCX1 4 1 MWw8st Agent r9flao MPC ENTERPRISES, INC. — EXTENDED WARRANTY PROJECT: 1:AS1'Slplti R1--. CYCLING (:I:N'17iR LOCATION: IOWA (.11Y, i(MIA WARRANTY: KX'ITNIM)10 Y{iARWARRAMT DATE: 1/7/2013 TYPE: 1'RI:C.191' C *0NC;ltl :17. W1111 ARCI1IT ?(.111RA1.17NIS1 I On April 27, 2010, the City of Iowa City ("City') and Knutson Construction Services Midwest, Inc. ("Knutson') entered into an agreement tided "Form of Agreement", for the construction of the Eastside Recycling Center. ("General Contract ') Said agreement is incorporated herein by this reference. Pursuant to said agreement, Knutson was to install Structural Precast Concrete with Architectural Finish (the "Material'). On August 25, 2010 Knutson and MPC Enterprises, Inc. ("MPC') entered in to an agreement titled "Standard Purchase Agreement" ("Purchase Agreement') whicb obligated MPC to provide, among other things, tie Structural Precast Concrete with Architectural Finish that Knutson was obligated to install as a part of its obligations to the City under the General Contract. MPC acknowledges that is obligated to and has provided a warranty for the Structural Precast Concrete with Architectural Finish that Knutson installed on the Eastside Recycling Center project. Said Agreement is incorporated herein by this reference. In addition to the obligations and warranties granted therein, and any implied warranties, MPC does hereby specifically warrant to the Knutson and the City that it will guarantee the Material against unacceptable cracking to maintain both the structural integrity of the Material and the appearance of the architectural finish in accordance with the Plan Specifications for a period of 10 years from the date of final, formal acceptance by the City of the Work of Knutson under the General Contract. MPC will cause an experienced precast technician to perform any necessary repairs, modifications or replacement of all Structural Precast Concrete with Architectural Finish panels or portions thereof containing cracks other than hairline cracks in the Material which do not affect either the structural integrity or the appearance, as determined by the process described in the following paragraph of this Warranty, at no cost to the Gty.1%fPC will further perform any necessary repairs, modifications or replacement of any other building materials and components damaged as a result of work performed on the Material pursuant to this extended warranty, or damaged during the course of making repairs, modifications or replacement thereto. If the City discovers what it considers to be a crack or cracks in the Material, it wrill notify Knutson. The City and Knutson shall inspect the conditions and attempt to agree on the question of whether tie observed cracks or cracking affect either the structural integrity or the appearance of the Material. If the City and Knutson are unable to agree, the City and Knutson agree on Shive Hattery, Inc. as an independent third -party to decide if the observed cracks or cracking affect the structural integrity or the appearance of the Material 2001 West Washington Street • PO Box 768 - Mt. Pleasant, I^ 52841 IF AURM Phone 319.586.2226 • Fax 319.986.2240 ]EXCI www.mpcent.com .. and to determine what specific remedial measures, if any, Knutson will be obligated to undertake to satisfy the terms of this extended warranty. Shiv e- Flatten,, Inc.'s decision shall be binding on the City and Knutson. MPC agrees Shive- I-iattery, Inc.'s decision shall also be binding on I4IPC. MPC shall perform the necessary remedial work, as required by Shive -I Iattery, Inc., within a reasonable period of time as directed by Knutson pursuant to Knutson's obligation to coordinate this remedial work with the City. In consideration of MPC and Knutson granting this extended warranty, the City has agreed that it will perform inspection and preventative maintenance as follows: The City acknowledges that Knutson's warranties under the contract and this Extended Warranty do not extend to damages or defects caused by abuse, alterations to the work not performed by Knutson, improper or .insufficient maintenance, improper operation or normal wear and tear :md normal usage. '17he City further acknowledges that it shall perform proper and sufficient maintenance on the Structural Precast Concrete vAth Architectural Finish, in accordance with the Operations and Maintenance Manual. If, in the performance of such maintenance, the City discovers cracks other than hairline cracks which do not affect either the structural integrity or the appearance of the Material, it will immediately notify Knutson of such discovery, Nothing in this Warranty is intended to limit claims by Knutson related to MPC's performance of its obligations under the Purchase Agreement. Knutson and MPC may exercise such rights or remedies as either may otherwise have under the Purchase Agreement or by laws or regulations with respect to any dispute. f� C BY: .� Authorized Representative of MPC Enterprises, Inc. 10133NO&DOC ¢. 2 4d(6) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE EAST SIDE RECYCLING CENTER PROJE& WHEREAS, the Engineeri Division has recommended that the work for the construction of the East Side Recycling Center Project, as included in a contract between the City of Iowa City and Knutson Construction Servi s Midwest Inc., of Iowa City, Iowa, /ha 2010, be accepted; and WHEREAS, the Engineer's Repo and the performance and payment filed in the City Clerk's office; and WHEREAS, funds for this project are vailable in the East Side Recycunt # 3316; and WHEREAS, the final contract price is $3,82 NOW, THEREFORE, BE IT RESOLVED CITY, IOWA, THAT said improvements are Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES:, were: 143.82. THE CITYUNCIL OF THE CITY OF IOWA ,,by accept by the City of Iowa City, Iowa. YOR and seconded by NAYS: 20 Approved by Attorney's Office I 1;:2 �2/3 the Resolution be ABSENT: Champion Dickens obyns a ek s Pa e Thro_ morton S: \ENG\Pw\Resolutions \Project ResolutionsWccept Project \East Side Recycling Center \Resolution Accepting East Side Recycling Center Project 02 04 2013 docl /13 January 18, 2013 Honorable Mayor and City Council Iowa City, Iowa Re: East Side Recycling Center Project Dear Honorable Mayor and Councilpersons: P I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I hereby certify that Knutson Construction Services Midwest Inc., of Iowa City, Iowa has completed the construction of the East Side Recycling Center Project in substantial accordance with the plans and specifications prepared by Shive - Hattery Inc., of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $3,820,143.82. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer S 1ENG\P\MResolutions\Project Resolutions\Accept Project\East Side Recycling Center \EngRpt for East Side Recycling Center Project 02 04 2013.doc It 02 -05 -13 4d(7) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 13 -31 RESOLUTION ACCEPTING THE FY2013 ASPHALT RESURFACING PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the FY2013 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L.L. Pelling Company, Inc. of North Liberty, Iowa, dated August 21, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account #3824; and WHEREAS, the final contract price is $ $453,092.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of February , 2013. ATTEST: City Ctiglrk Approved by: Cl 'y Attorney's Office zs Resolution No. 13 -31 Page 2 It was moved by Throgmorton • and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton qd ( -7 ) � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org January 13, 2012 City Clerk City of Iowa City, Iowa Re: FY2013 Asphalt Resurfacing Project Dear City Clerk: I hereby certify that the construction of the FY2013 Asphalt Resurfacing Project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $453,092.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 4d(8) Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 13 -32 RESOLUTION ACCEPTING THE WORK FOR THE 2012 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Pavement Replacement for Water Main Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated April 30, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the 800 -900 Blocks North Gilbert Street account #3207 and 900 -1100 Blocks Davenport Street & 300 -600 Blocks Reno account #3209; and WHEREAS, the final contract price is $167,442.80. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of February —12013 4q?A -u[ A MAYOR Approved by ATTEST: C4--I- -1 CITY °i-ERK City Attorney's Office /.W/2 It was moved by Throgmorton and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pweng /masters /acptwork.doc 1/13 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ENGINEER'S REPORT January 24, 2013 City Clerk City of Iowa City, Iowa Re: 2012 Pavement Replacement for Water Main Project Dear City Clerk: r , �_.:. P CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I hereby certify that the 2012 Pavement Replacement for Water Main Project has been completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City staff. The final contract price is $167,442.80 recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer May Prepared by: Melissa Miller, Acting Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356 -5065 RESOLUTION NO. 13 -33 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 5, 2013 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2013, THROUGH JUNE 30, 2014, THE PROPOSED THREE -YEAR FINANCIAL PLAN FOR FY2014 -2016, AND ALSO THE MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2017. - -13 4e(2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing on said proposal should be and is hereby set for March 5, 2013, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law, to permit any taxpayer to be heard for or against the proposed FY2014 Operating Budget and the Proposed FY2014- FY2016 Financial Plan and also the multi- year Capital Improvements Program through Fiscal Year 2017. Passed and approved this 5th day of February , 20_U_, Approved by ATTEST: CITY LERK City Attorney's Office It was moved by Thrnb nrrnn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X X X X X_ X X finadm\budget\pubhrgFY13.doc NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M 4-g Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 -887- 4e(4) 6065 RESOLUTION NO. 13 -34 A RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 23, 2013, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2013 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID I'1M-11110" WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and, WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ( "QHWRA "); and, WHEREAS, the Annual Plan is submitted yearly; and, WHEREAS, the Annual Plan is a comprehensive guide to the Iowa City Housing Authority's policies, programs, operations and strategies for meeting local housing needs and goals; and WHEREAS, the Annual Plan also serves as the annual application for grants to support improvements to public housing buildings (Capital Fund Program); and WHEREAS, the QHWRA requires that the plans be made available to the public for review not later than 45 days before the public hearing is to take place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing for the Iowa City Housing Authority's Annual Plan for Fiscal Year 2013 should be and is hereby set for 7:00 PM, April 23, 2013, in Emma Harvat Hall of City Hall, 410 E Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2.- The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above named proposal in a newspaper published at least once weekly and having a general circulation in the City, in accordance with applicable laws. Copies of the Annual Plan for Fiscal Year 2013 are available in the Iowa City Housing Authority offices for review. Passed and approved this 5th day of February , 20 13 - Ml ' M YOR Approved by City Attorney's Office j� �, *.CITY O F IOWA CITY 4e(3) A.: = MEMORANDUM Ruman To: Tom Markus, City Manager From: Jeff Davidson, Director, Planning and Community Development Wendy Ford, Economic Development Coordinator Date: January 28, 2013 Re: Resolution of Necessity for Camp Cardinal Urban Renewal Area Introduction: A Resolution of Necessity is the first step to establish an Urban Renewal Area. This Resolution of Necessity for Camp Cardinal Urban Renewal Area sets into motion the steps of requiring the Planning and Zoning Commission to review and recommend the plan, of holding a consultation with other taxing jurisdictions in the county, and of setting a date for a Public Hearing on the plan. History /background: The proposed Camp Cardinal Urban Renewal Plan would help promote economic development opportunities within Iowa City. It encompasses approximately 7 acres west of Camp Cardinal Boulevard and east of Highway 218 and is ideally suited and zoned for commercial office. It has good visibility from the Highway 218 and Camp Cardinal Road and is in a beautiful natural setting with nearby pond and woods. Discussion of Solution: In order to make development sites attractive to new and expanding businesses, communities are sometimes called upon to provide financial incentives. With the creation of an urban renewal area, a city may establish a tax increment financing (TIF) district. At the City Council's discretion, TIF may be used for public improvements and public /private partnerships to assist in developing the land and building the property tax base. This location is well suited for an office park development and could potentially accommodate one or more buildings and several hundred employees. Should the developer attract a project requesting financial incentives, the Camp Cardinal Urban Renewal Plan must be amended to include project specific details. Only after amending the plan could Council consider a development agreement for such a project. Recommendation and Justification: Staff recommends approving the Resolution of Necessity to enable a review of the plan by the Planning and Zoning Commission, a consultation with the other taxing entities and to set a Public Hearing on the Camp Cardinal Urban Renewal Plan. The Urban Renewal Plan, is a first step to enable the City to assist in development efforts in this area which will build the property tax base and increase employment opportunities. Resolution No. 13 -34 Page 2 It was moved by Thro$morton . and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _x Dickens x Dobyns x Hayek x Mims x Payne _ x Throgmorton M6 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 13 -35 RESOLUTION DETERMINING THE NECESSITY OF AND SETTING DATES FOR A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED CAMP CARDINAL URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Camp Cardinal Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and WHEREAS, this proposed Urban Renewal Area includes and consists of the following legally described land: Commencing at the SW corner of the NE quarter of the SE quarter of Section 12, Township 79 north, Range 7 west; Thence NO 31'14 "W along the east line of the Northeast quarter of said Southeast quarter to the northerly right of way of Deer Creek Road S.E. A distance of 625.38 feet; thence N44'22'30 "W along said northerly right of way a distance of 422.28 feet; Thence N47'30'30 "W along said northerly right of way a distance of 140.05 feet; Thence N72'57'46 "E to the southerly line of area "A" storm water management facility easement as recorded in Book 3877, pages 442 -446 in the office of the Johnson County recorder a distance of 411.97 feet; Thence N83'34'00 "E along said southerly easement line a distance of 196.33 feet; Thence N87'59'39 "E along said southerly easement line to the westerly right of way of Camp Cardinal Boulevard a distance of 136.56 feet; Thence S3'49'42 "W along said westerly right of way a distance of 155.89 feet; Thence southerly a distance of 179.54 feet along said westerly right of way and the arc of a 760.00 foot radius curve, concave westerly (chord bears S2'56'21 "E a distance of 179.12 feet); Thence S9'42'24 "E along said westerly right of way a distance of 410.07 feet; Thence S16'1 1'05"W along said westerly right of way a distance of 45.56 feet; Thence S76'39'32 "W along said westerly right of way a distance of 71.32 feet; Thence N87'27'39W along said westerly right of way to said northerly right of way of Deer Creek Road S.E. a distance of 66.21 feet; Thence N44'22'30 "W along said northerly right of way to the point of beginning a distance of 352.54 feet. WHEREAS, Iowa state law requires the city council to submit the proposed Camp Cardinal 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 plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Camp Cardinal Urban Renewal Plan; and WHEREAS, Iowa state law further requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Camp Cardinal Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modification to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5 as amended; and WHEREAS, Iowa state law further requires the City Council to hold a public hearing on the proposed Camp Cardinal Urban Renewal Plan subsequent to notice thereof by publication in a Resolution No. 13 -35 Page 2 newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That the consultation on the proposed Camp Cardinal Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held at 11:30 a.m. February 21, 2013 in the City Manager's Conference Room, City Hall, Iowa City, Iowa and Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1A), along with a copy of the proposed Camp Cardinal Urban Renewal Plan, said notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED CAMP CARDINAL URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as amended, commencing at 11:30 a.m. February 21, 2013 in the City Manager's Conference Room, City Hall, Iowa City, Iowa concerning a proposed Camp Cardinal Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Camp Cardinal Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this day of , Resolution No. 13 -35 Page 3 City Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held on the proposed Camp Cardinal Urban Renewal Plan before the City Council at its meeting which commences at 7:00 p.m., March 5, 2013 in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press- Citizen," once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED CAMP CARDINAL URBAN RENEWAL PLAN FOR A PROPOSED URBAN AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing before itself at its meeting on March 5, 2013 which commences at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa to consider adoption of a proposed Camp Cardinal Urban Renewal Plan (the "Plan ") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: Commencing at the SW corner of the NE quarter of the SE quarter of Section 12, Township 79 north, Range 7 west; Thence NO 31'14 "W along the east line of the Northeast quarter of said Southeast quarter to the northerly right of way of Deer Creek Road S.E. A distance of 625.38 feet; thence N44'22'30 "W along said northerly right of way a distance of 422.28 feet; Thence N47'30'30 "W along said northerly right of way a distance of 140.05 feet; Thence N72'57'46 "E to the southerly line of area "A" stormwater management facility easement as recorded in Book 3877, pages 442 -446 in the office of the Johnson County recorder a distance of 411.97 feet; Thence N83'34'00 "E along said southerly easement line a distance of 196.33 feet; Thence N87'59'39 "E along said southerly easement line to the westerly right of way of Camp Cardinal Boulevard a distance of 136.56 feet; Thence S3'49'42 "W along said westerly right of way a distance of 155.89 feet; Thence southerly a distance of 179.54 feet along said westerly right of way and the arc of a 760.00 foot radius curve, concave westerly (chord bears S2'56'21 "E a distance of 179.12 feet); Thence S9'42'24 "E along said westerly right of way a distance of 410.07 feet; Thence S16'1 1'05"W along said westerly right of way a distance of 45.56 feet; Thence S76'39'32 "W along said westerly right of way a distance of 71.32 feet; Thence N87'27'39W along said westerly right of way to said northerly right of way of Deer Creek Road S.E. a distance of 66.21 feet; Thence N44'22'30 "W along said northerly right of way to the point of beginning a distance of 352.54 feet, which land is to be included as part of this proposed Urban Renewal Area. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan Resolution No. Page 4 provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvement to be undertaken by the City, but provided that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s /Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Section 5. That the proposed Camp Cardinal Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Camp Cardinal Urban Renewal Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Camp Cardinal Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to the Council within thirty (30) days of the date hereof. Passed and approved this 5th day of February , 20__L \` `� A MAYOR Approved by / ATTEST: 2&"m2 e , 1 CITY Z7CERK City Attorney's Office �/Z y 13 Resolution No. 13 -35 Page 5 It was moved by Champion • and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Camp Cardinal Urban Renewal Plan City of Iowa City, IA 2012 Table of Contents Section 1 — Introduction Section 2 — Description of Urban Renewal Area Section 3 — Area Designation Section 4 — Base Value Section 5 — Urban Renewal Plan Objectives Section 6 — Proposed Urban Renewal Activities Section 7 — Proposed Urban Renewal Projects Section 8 — Conformance with Land Use Policy and Zoning Ordinance Section 9 — Relocation Section 10 — Financial Data Section 11 — Urban Renewal Plan Amendments Section 12 — Property Acquisition/Disposition Section 13 — Effective Period Section 14- Severability Clause Addendum No. 1 — Legal Description Addendum No. 2 — Location Map: Camp Cardinal Urban Renewal Project Area Section 1- Introduction This Urban Renewal Plan ( "Plan") for the Camp Cardinal Urban Renewal Area ( "Urban Renewal Area" or "Area ") has been developed to help local officials promote economic development within Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in new office and research park development in the Urban Renewal Area. The goals outlined in this Urban Renewal Plan include the following, which include goals detailed 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 office development; • Improve the economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals. To help the City of Iowa City ( "City ") achieve these goals, the Iowa City Comprehensive Plan states that the City may provide financial incentives as a catalyst for private enterprise. Other development sites in the metro area, which already cater to office uses, make tax increment financing available to qualifying businesses. The Comprehensive Plan, as amended, identifies the Urban Renewal Area as suitable for development of office research park uses. The extension of municipal sanitary sewer lines and expansion of arterial streets, including the completion of Camp Cardinal Boulevard and the future extension of Highway 965 between Highway 6 in Coralville and Melrose Avenue, facilitates growth in office development in the Area. The Urban Renewal Area's location along U.S. Highway 218 makes it a highly visible development site and provides the opportunity for the Area to serve as an attractive western gateway to Iowa City. The City has concluded it is in the interest of its citizens to encourage the development of land zoned for office research park use in order to provide competitive development sites for office and research park uses. 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 Camp Cardinal Urban Renewal Area. In addition, the City may make available the use of tax increment financing to provide direct grants, loans, rebates or other incentives for qualifying commercial or residential developments that help achieve the goals and objectives set forth herein. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2011 Code of Iowa, as amended. Section 2- Description of Urban Renewal Area The legal description of this Urban Renewal Area is attached and incorporated herein as Addendum No. 1— Legal Description. The location and general boundaries of the Camp Cardinal Urban Renewal Area are shown on Addendum No. 2 — Location Map: Camp Cardinal Urban Renewal Area, attached and incorporated herein. This area is approximately 8 acres. Section 3- Area Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as an economic development district that is appropriate for office and research park development, which is consistent with the current Iowa City Comprehensive Plan. Section 4- Base Value If the Camp Cardinal Urban Renewal Area is legally established and debt is certified prior to December 1, 2013, the taxable valuation within the Area as of January 1, 2012 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. Section 5- Urban Renewal Plan Objectives The overall goal of this Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Area for office and research park uses. The following objectives are hereby established for the proposed Urban Renewal Area: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Area; • To encourage new development of businesses in the Urban Renewal Area, in particular office and research park development that will expand employment opportunities in the area; • To make public improvements as deemed necessary by the City to support office activity within the Urban Renewal Area; • To provide financial incentives and assistance to qualifying projects and businesses as necessary; ■ To provide for the orderly physical and economic growth of the city; ■ To provide other support as allowed under Iowa Code Chapters 15, 15A and 403. Section 6 - Proposed Urban Renewal Activities 1. Undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Iowa City and the State of Iowa. 4 4. Financial Incentives: To meet the objectives of this Plan and to encourage the development of the Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapter 15 and 15A, and through the use of tax increment financing under Chapter 403 of the Code of Iowa. a. Loan, Rebates or Grants. The making of loans or grants of public funds to private businesses within the Area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants. b. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the Area, as well as utilizing such financing to achieve a more marketable, and competitive land offering price and to provide for necessary physical improvements and infrastructure. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City, and tax increment reimbursement may be sought for, among other things, the costs of urban renewal projects(if and to the extent incurred by the City), including but not limited to: i. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains, utilities or other related facilities. ii. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. iii. Providing the local matching share of state or federal grant and loan programs. iv. Encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification. v. Other authorized urban renewal projects. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. Notwithstanding anything to the contrary, qualifying businesses shall be determined by the City Council. The Council's determination shall be based upon any current economic development k] policy, which may be amended from time to time, as necessary in Council's discretion, and on additional performance criteria the Council finds appropriate on a case by case basis. Section 7 — Proposed Urban Renewal Projects Proposed Projects for the Area include entering in to development agreements providing financial incentives, including but not limited to provisions of land, grants, loans or other incentives to qualified businesses or private developers interested in locating businesses in the Area. The estimated costs of these projects are approximately $2,000,000 45,000,000. Any project considered would be in accordance with the adopted Economic Development Policies. Section 8- Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan This Urban Renewal Area is located within the Northwest District of the City, as stated in the Iowa City Comprehensive Plan, which designates this Area as appropriate for office research park (ORP) uses particularly in planned developments which allow flexibility in the placement and clustering of buildings, the modifications of street standards, and the use of open space. This Plan is consistent therewith. Current and Proposed Zoning and Land Uses The Urban Renewal Area is currently undeveloped and zoned interim development- office research park (ID -ORP), as defined by the Iowa City Zoning Code. The purpose of the interim development zone (ID) is to provide for areas of managed growth in which agricultural and other nonurban uses of land may continue until such time as the city is able to provide city services and urban development can occur. The interim development zone is the default zoning district to which all undeveloped areas should be classified until city services are provided. Upon provision of city services, the city or the property owner may initiate rezoning to zones consistent with the comprehensive plan, as amended. The purpose of the office and research park zone (ORP) is to provide areas for the development of large office and research firms and other complementary uses. The requirements of this zone protect uses in the zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses. The proposed land uses include general office and research office uses. When the Area is developed, it will need to be rezoned to ORP, thus removing the interim development designation, to reflect the change in the use from non -urban undeveloped land to office research park development. Any further rezoning requests must comply with the Comprehensive Plan, as it may be amended from time to time. Section 9- Relocation As the Area is currently undeveloped, the City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. n Section 10- Financial Data 1. Constitutional Debt Limit: $ 222,654,937 2. Current general obligation debt: $ 80,575,000 3. Proposed amount of indebtedness to be incurred: Although 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, it is anticipated that the cost of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6 and 7 above will be between $2 -5 million. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Projects or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. 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. Section 11- Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including, but not limited to changes in the boundary, 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 in conformance with applicable state and local laws. Section 12 - Property Acquisition/Disposition The City may provide incentives for land acquisition in the Area. The City will follow applicable procedures for the acquisition and disposition of property. Section 13 - 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. 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 is limited to fifteen (15) 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. The use of tax increment financing incentives shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. Section 14: Severability Clause If any part of this Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. G'l Addendum No.1 Legal Description of the Urban Renewal Area Commencing at the SW corner of the NE quarter of the SE quarter of Section 12, Township 79 north, Range 7 west; Thence NO 31'1 4"W along the east line of the Northeast quarter of said Southeast quarter to the northerly right of way of Deer Creek Road S.E. A distance of 625.38 feet; thence N44'22'30 "W along said northerly right of way a distance of 422.28 feet; Thence N47'30'30 "W along said northerly right of way a distance of 140.05 feet; Thence N72'57'46 "E to the southerly line of area "A" stormwater management facility easement as recorded in Book 3877, pages 442 -446 in the office of the Johnson County recorder a distance of 411.97 feet; Thence N83'34'00 "E along said southerly easement line a distance of 196.33 feet; Thence N87'59'39 "E along said southerly easement line to the westerly right of way of Camp Cardinal Boulevard a distance of 136.56 feet; Thence 53'49'42 "W along said westerly right of way a distance of 155.89 feet; Thence southerly a distance of 179.54 feet along said westerly right of way and the arc of a 760.00 foot radius curve, concave westerly (chord bears S2'56'21 "E a distance of 179.12 feet); Thence S9'42'24 "E along said westerly right of way a distance of 410.07 feet; Thence S 16' 11' 05 "W along said westerly right of way a distance of 45.56 feet; Thence S76'39'32 "W along said westerly right of way a distance of 71.32 feet; Thence N87'27'39W along said westerly right of way to said northerly right of way of Deer Creek Road S.E. a distance of 66.21 feet; Thence N44'22'30 "W along said northerly right of way to the point of beginning a distance of 352.54 feet. Addendum No. 2 Location Map: Camp Cardinal Urban Renewal Area Camp Cardinal Urban Renewal Area Coralville 1L=L l- i1Wnoil it�iirai��itrrriftri Lj,rr,rr� U� nrtiFlyy r4ir l Iowa City i Johnson Co.,- 0 J W Q V i- F V Q O L- O H U g - � ti- Camp Cardinal Urban Reneural Area pp Approximately 8 Acres aND i 02-05-13 BC Prepared by: Robert Miklo, Senior Planner, 4.10 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12 -00010 & SUB12- 00013) RESOLUTION NO. 13-36: RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF CARDINAL POINTE SOUTH - PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, The Crossings Development, LC filed with the City Clerk the preliminary and final plats of Cardinal Pointe South - Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 22 through 39 of Cardinal Pointe South - Part Two, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 52, at page 279, in the records of the Johnson County Recorder's Office, containing 6.53 Acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plats and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plats and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plats and subdivision located on the above - described real estate be and the same are hereby approved. 2.- The City accepts the dedication of the easements as provided by law and specifically sets aside portions of the dedicated land as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Resolution No. 13 -36 Page 2 Passed and approved this 5th day of February , 2013. ATTEST: - CITY ERK MM- I .l L e- Approved by City Attorney's Office It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x pcd/templates/Final Plat - Resolution.doc.doc ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton C, To: City Council Item: SUB12 -00013 Cardinal Pointe South Part Three GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: February 5, 2013 Applicant: Southgate Development Services 755 Mormon Trek Boulevard Iowa City, Iowa 52244 337 -4195 gsiders @sgdev.net Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Preliminary and final plat approval Development of Cardinal Pointe South Part Three, a 32 -lot residential subdivision Camp Cardinal Boulevard and Preston Lane 6.53 acres Undeveloped, residential planned development (OPD -8) North: Undeveloped - OPD -8 East: Open space - OPD -8 South: Undeveloped - ID -ORP West: Undeveloped - ID -ORP January 16, 2013 April 12, 2013 The applicant, Southgate Development Services, is requesting final plat approval of Cardinal Pointe South Part Three, a 32 -lot residential subdivision located east of Camp Cardinal Boulevard and south of Preston Lane. The Planned Development Overlay (OPD -8) was amended at the January 22 City Council meeting. The preliminary plat is also being amended to reflect the changes in the OPD Plan. The amendment to the OPD plan replaced 39 townhouse style dwelling with 18 zero -lot line lots (Lots 36 -53). The 17 zero -lot line lots that were approved on the south side of Ryan Court have been modified to be made larger and three lots were eliminated. Overall the total number of units was reduced by 21. The other elements of the plan located north of Preston Lane remain as previously approved. ANALYSIS: The final plat is in general conformance with the approved OPD plan and subdivision regulations. 2 Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by Staff prior to City Council consideration of the final plat. STAFF RECOMMENDATION: Staff recommends approval of SUB12- 00013, the final plat of Cardinal Pointe South Part Three, a 6.53 -acre, 32 -lot residential subdivision located east of Camp Cardinal Boulevard and south of Preston Lane, provided that legal papers and construction drawings are approved by staff. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports\sub12 -00013 cardinal points south part 3 final plat staff report.doc — M CY 800 Hall MOQb3W MEAp�W F t LO F � aj ,k eL 'Q Z cr Q U ._ 00 ]VIllud J (J"15 c � 0 � V � a anl8 ldNI(18VO dYWO a 4-J �oPp CL L V O r � o W tz Vf 1 z_ Q o 3$ o d r f LL w r1 jig t11 4411a:g 0 3'6zp 8 C 8cccccc`c E —2 � tF 7 Q l ee Eii "♦. 0- 1i � 8 8,8x88 8�4�FE� Z) TS � e � p 4 W S2 Y aZ o- - -- —I- LI�;;t n. Wl z / a a 10; CL p Zq§ - - - - --- - - i 7 Q O�. of 0 LL filsl$° 1' °m - - --t - �9 a .,. Of Q a, E Ln. MMi i OR it czw� z HUM 0 tax 0 g. I� w III II`6� as (7 � I �! (N ♦ ` G x �t sf \Rrepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5234 (SUB12- 00012) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROBERTS DAIRY ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Roberts Dairy Company, filed with the City Clerk, an application for approval of the preliminary plat of Robert's Dairy Addition, a 3 -lot, commercial subdivision on approximately 8.21 -acres of land located at the northeast corner of the intersection of Prairie du Chien Road and Dodge Street, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval subject to the resolution of property ownership and easement rights regarding City -owned property within the proposed subdivision; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Robert's Dairy Addition, Iowa City, Iowa, is hereby approved subject to resolution of ownership and easement rights regarding City -owned property within the subdivision prior to final plat approval. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this _ day of , 2013. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by Approved by City Attorney's Office / fio /,� AYES: NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims the Resolution be Payne Throgmorton 7 Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5142 RESOLUTION NO. 13 -37 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MOSS RIDGE ROAD PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above -named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Moss Ridge Road ( "Project') which includes the construction of Moss Ridge Road from N. Dodge Street/ Highway 1 to the proposed Moss Ridge Campus @ Rapid Creek Preserve; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Moss Ridge Road account # 3802. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is the City's intent to proceed with the Moss Ridge Road Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Moss Ridge Road Project ( "Project ") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 13 -37 Page 2 Passed and approved this 5th day of February , 20—L3-_. ATTEST: ' 7e- CITY fRK Approved by City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x pwengVnasters\acqui reprop. doc Champion Dickens Dobyns Hayek Mims Payne Throgmorton