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HomeMy WebLinkAbout1993-05-11 Resolution -.,:" v,--.. .... --" ...-.----- .. .. -.-...---." ~-- ......r , --y - - . - r- ~- - -, - _ . ~ - .. ~;"':,t'~l': "~"':",:tfI"'; ',' :~;...: ',., .' . ':', ."';,, ,.:-'. . ," "I "/' I, . ',,, . /(,<'.,.:....,~,' ,\;,'"I"....:I~' '~"'J~ ~:..,'.~,,' ,',',: ,"/,',,"_'~,..'I. . \0 1l\1~ ~ RESOLUTION NO. 93-96 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY93 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 8:00 a.m., May 21, 1993, to permit any citizen to be heard for or against the proposed amendment to the FY93 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa Citv Press-Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -L- -X..- ...L- ...L- Ambrisco Courtney Horowitz Kubby -l\-- -L- Passed and approved this McDonald Novick 11 ~h d'~"993 ~YOR~ Approve by "-. V II, ~ /ltClh>i.h./ ~/Jc.r1j Ci y Attorney's Office 5 / ~ / f 3 \ ATTEST: ~~A,) ~ ..JdAA) CIT CLERK fin.dm\oparbdg,r.. qo~ -~.. .... ---,..~ .......- x~) 1) I .. .. -.------.-~--.....-" ".". - - i,:, "Y-; - " ~,~ ',~ ,- ': '~-; "', ',., : <' ,I " ,":',,0, \.,.:" .", -i ",...;~ "t. ," ,. "10,0;1. \ ,.', . " '" -;, '" .', 'I' '. , ~ ' L:' r,' I ' .,! I' , ,-',):, ,: - I , " :' ' I ' _ , " I" , . '- ,,\~ \ ". . ' , , I': ' , 'I'^' ,~ .,'. ,""\',':""(":\~,I",..~,,', '.1 '.' \,,' '. ,. <, RESOLUTION NO, 93-97 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT KC-9033E, PROJECT NO, IA05-E022.903. WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter Into a revised contract (herein called the" Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any 'Project' as derined In the Annual Contributions Contract and which at any time now or hereafter Is incorporated under the terms of such Contract.. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC-9033 in substantially the form hereto attached and marked 'Exhibit A' is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in six copies on behalf of the Local Authority, and the City Clerk Is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) 'Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take erfectlmmediately. It was moved by Arnbrisco and seconded by HorOl/itz adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ---1L- - Ambrisco ...K.......- _ Courtney ...K.......- Horowitz X Kubby - X McDonald X- - Novick Passed and approved this 11th day of ,1993. ATTEST:~ ~ ~M.J CIT CLERK hl,ossllcont,lb..,,, fl\~ qll I ".. -.. ...-' .. ...... "", ""J" '" 'f,~l'.' ':~i, ':",(},' ,..", "':,," .";.'/~', <~ ..' ",/, ,:":, ::' ".'1', ,:,,', :'~,.g,",', ',' " '~,'" -,' " " ~'.' ~t\. I,: " ',:.~, '" " ,~~ ' ,,....... I d , " ' ,r,,' "" : ! I [xld,! ;l " AMENDMENT NO. 6 IA05-E022-903 ACC Part I Number: KC-9033E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART I for HOUSING CERTIFICATE PROGRAM 1.1 DEFINITIONS A. ACC I, " " , t l As used in Part I of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part II of this CACC, "ACC" means the CACC. B. Budqet Authoritv - The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. Budget Authority is reserved by HUD from amount authorized and appropriated by the Congress. (Exhibit II lists budget authority for projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years.) C. CACC - Consolidated Annual Contributions Contract. D. Contract Authoritv - The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part I (subject to reduction in accordance with Section 1.4.D and section 2.3 of this CACC). E. Cost Amendment - An amendment to the CACC which provides additional contract or budget authority to cover increased Program Expenditures to maintain the Program at the number of units originally approved by HUD. F. Fiscal Year - The PHA Fiscal Year. ACC Part I: Page 1 of 6 pages ~II .,.,. V"'''' I ".. ... - .......'------ .- "~T ....,. }_ ......----...- "':':':/'"1'''' .',,: t~1 : ":' ;;:;) :' :~.. '.': .' ,::"" '. ':, .,',',":.r," ":.::-,, ~. " ',\ f. , .: I. ': ' I . ~, ;1 ',J : ., " I' :',' , .' " .: ',~,I.' " \ "~\.......' , , ' t......\ . " . I...... ", ' , " , " . . I (, I ~ ,~( , l" I, ' . . ' G. HUD - u.s. Department of Housing and Urban Development. H. Maximum Annual Contribution Conunitment - See section 1.4.c.l.b of this CACC. I. PHA - Public Housing Agency. J. Proqram - The PHA's Housing Certificate Program under the CACC. K. Proqram Receipts - Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Proqram Expenditures - Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Pro;ect - A funding increment for the Program. (The project may be for additional units or for a cost amendment.) 1.2 HOUSING CERTIFICATE PROGRAM A. Pro;ects in Proqram 1. List of Pro;ects - The Projects in the Program are listed in Exhibit I and Exhibit II of this CACC Part I. B. 2. Exhibit I - Exhibit I lists projects funded with amounts appropriated before Federal Fiscal Year 1988. 3. Exhibit II - Exhibit II lists projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years. Number of units (bv number of bedrooms I - To the maximum extent feasible, the PHA shall enter into contracts for housing assistance payments for units under the Program in accordance with the unit distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of Bedrooms o 1 2 3 4 Number of Units 10 203 237 45 7 ACC Part I: Page 2 of 6 pages 911 ".. ~ "....'----------. .. ~-.-~---....----r--, ". - - '" -r- --- -,.~ __ ......,.. - .... ~.' ':" "" , ~:t~/"'-:, ,.,0.: ,,'. '. ,-,'" ,'., ", ":' ..:' :,,:.;,,: ' .' '" , " ' ,,"I.:;,; '" ,/ ' , , . .. .' .,'" :;" .:';'~~~'"...,::~, ':';1~i."," ::', ~("" _,' .'~:;:'" I ,::'", :: '" " <: " <", ' ".", -, C. PHA Fiscal Year 1. The first fiscal year for the Program shall begin on JULY 1. (Enter the effective date for the first project listed in Exhibit I of the Part I of the CACC. If this date is not entered before the CACC is signed by the PHA.l The first fiscal year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the 12 month period ending JUNE 30 of each calendar year. (Enter the day and month used as the fiscal year ending date for other section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD.) 1. 3 TERM A. Exhibit I Proiects - For all Projects listed in Exhibit I, the term of the CACC shall end on JUNE 25, 1996. (Insert last date of CACC term for all Exhibit I projects. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA.) \ B. Exhibit II Proiects - For each project listed in Exhibit II. 1. Exhibit II states the first date and last date of the ACC term for the project. 2. The first date of the ACC term for the project shall be the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3. If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. 4. HUD may revise Exhibit II at any time, upon written notice by HUD to the PHA (a) to add a cost amendment project, or (b) to remove a project for which the ACC term has expired. ACC Part I: Page 3 of 6 pages 1/1 ) ",' ..',' t;';;;,,'" ;"',-,' 'tm'-": ,"",',,' ,.:, .';", ;.."t' '... ',:, ,", ""ll:.,.~; i'l "" ';,:.' "'" ,.::.". ,"\"" .~ ,'. "~i ..~:' ',::~~:,:' ""~~~ ,~I .[, , I '," " , : ',.' " .,r, :", ' " 1.4 ANNUAL CONTRIBUTION A. Payment - HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Pavments 1. The annual contribution for the Program shall be the amount approved by HUD for each fiscal year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Pavments for Proaram 1. Annual Limit on Pavrnents for proaram I a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the fiscal year shall not be more than the Maximum Annual Contribution Commitment for the Program. b. The Maximum Annual Contribution Commitment for the Program for each PHA fiscal year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibit I and II of this CACC Part I (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). If the first fiscal year for the program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first fiscal year may be adjusted in an amount as determined by HUD the addition of the pro rata amount applicable to the period in excess of 12 months. ACC Part I: Page 4 of 6 pages CUI . -~".,-,.. I "..- ....~ .......'--- - .. -..,..--...~ }------.--r , ' .' ",::,' t'~I>::-' .;~,', ", ,:,' ,','. ....,..,'" ,;' ~" " \:~ ,.').' ...~ .,' , .' t " ' . " I , , " , ,I' \' '. ~. ' ).. .'. -11, '.', '" . ,', " , ,. ': .: ' , ~\,.' ,~\ ..".' .',I......'.,.:J .~' ,",1 '... ~, 'I, ' ., .: ',' "," ," ~ '" ,'" .~..., . 1~' " 'I '. ,'." ", '.:, . ~ '. .. ... 2. Limit on Total Payments for Proqram - The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD the projects in the Program from amounts authorized and appropriated by Congress. D. Reduction of Amount Pavable - HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibit I or II or state the reduction in the amount of contract authority or budget authority for a project. E. CACC Reserve Account - A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the U.S. Housing Act of 1937. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.B for the fiscal year. F. Separate ACC - HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separate ACC. I , ! 1. 5 CACC A. The CACC consists of this CACC Part I (including Exhibits I and III and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520E, and dated June 1985. These documents constitute the whole CACC for the Program. ACC Part I: Page 5 of 6 pages , I I I I , I I i I I I , , I I I i 911 i., \ ".: :. " 't~,::,' \;ei...' '.' .':'t....,' ::,,,' ' ,:,,'" , > :',",' ,( , :1.. ~ ',. ',', " I; ". '. . \ " , . " " " ,I , '", , , . 'j '.', .\:,~;'.. ,:" " ~~~',:,,',-, ,'~' ,'," ,."",;.. ';, ," ,'- ,.' " "', ,',' ,,; ,-,......_. B. This CACC supersedes any previous Annual Contributions Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. Signatures: PUBLIC HOUSING AGENCY Iowa Citv Housinq Authoritv Name of PHA Dy~e- S ;/7 /1J Date Signed DARREL G. COURTNEY, MAYOR Print or Type Name and Official Title of Signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By ~~Ii~~ Signature ~t~) Date Signed h"'1i~ D. McNarney. Manaqer - Des Moines Office Print or Type Name and Official Title of Signatory Ace Part I: Page 6 of 6 pages .~iIm. "I'"I',1;'HJ" 1 i , r :' I ! \ [ I 1 I I ! i " ,. i. I' '; i: i !, 911 I i , ! I I i I I i , I i I I I :'.: :'~:I:l'::,:-i't~~:~~'i~J:'. ~,<r ':; "-',, ' '-:' ',", ',I :":: '....'... ::........Jif., .ill" ,'.. '. " " ' ~r',. - _ ~ t . , ,," , ' I ,'I .', , IA05-E022-903 ACC Part I Number: KC-9033E EXHIBIT I Pro;ects Appropriated Before Federal Fiscal Year 1988 Project ACC List Contract Project ACC Number Number Authoritv Effective Date IA05-E022-008 KC-81-213 $ 92,700 06/26/1981 IA05-E022-009 KC-83-207 $ 87,300 10/18/1983 IA05-E022-010 KC-84-166 $ 58,464 01/31/1985 IA05-E022-011 KC-86-076 $129,600 02/01/1987 I I ql! " -y-.- - -.-.-......~. ,.-~......., - - ._~ ..... -.r. -~ ,-- .. ........-...-- '::. :('.~' ~:. ',~'..:-)., "'~l'';',', ,,',' "'.',': ,,; ,I'.:'" , .. -'I l"" .t ". -R ,~ ' ".'" ;. .' 't,: '~I ,:' \,f "", 'lC" ' '.'\ " " ~ ", 1.,", , "\ '" ~r.J!.': ".....,:", (........... r, ' 'J ~', , > \ . , \ :' "", . ~ ~-......" "f I , .."" , ,,' '. I ',,' ,-" " lA05-E022-903 ACC Part I Number: KC-9033E EXHIBIT II I Pro;ects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority BA = Budget Authority UNIT PROJECT FIRST DATE LAST DATE DISTRI- NUMBER CA BA OF TERM OF TERM BUTION IA05-E022-001 $193,968 $2,909,520 01/01/1976 12/31/1990 1BR - 46 2BR - 40 3BR - 10 4BR - 4 lA05-E022-002 $ 89,244 $1,338,660 07/01/1976 06/30/1991 OBR - 5 I 1BR - 31 2BR - 11 , 3BR - 2 , lA05-E022-003 $169,524 $2,542,860 07/01/1976 06/30/1991 OBR - 9 1BR - 56 2BR - 23 lA05-E022-901 $429,143 $ 858,286 08/23/1988 06/30/1990 lA05-E022-902 $128,000 $ 128,000 07/01/1990 06/30/1991 IA05-E022-004 $168,552 $2,528,280 07/01/1977 06/30/1992 1BR - 28 2BR - 44 IA05-E022-013 $ 51,866 $ 259,330 01/01/1991 12/31/1995 1BR - 6 3BR - 2 4BR - 1 lA05-E022-016 $121,968 $ 609,840 11/01/1991 10/31/1996 1BR - 7 3BR - 11 4BR - 2 lA05-E022-006 $ 84,180 $1,262,700 07/01/1978 06/30/1993 2BR - 20 3BR - 5 IA05-E022-007 $132,300 $1,984,500 07/01/1979 06/30/1994 1BR - 10 2BR - 35 3BR - 5 Exhibit II: Page 1 of 2 pages 91/ - ~ 'V..--.. ....................- .....--'-- - .. -....--T~---.---r-'........ - - ".-r- ! -.:' ' ,:;' ':',," ':' :",~':'tl' ,::' ~'$I'" "'<':"'FfI-:" "'; '. '.-;: ,...., '::" ,/, ~ ,e ,\ jl " _'.' 'I ii, . \ ' ',,',' " ',,' , , " :"":, >" "-'~::\:" ::*:;1,;'.' ,l.:~.> .,:~..;;.. I: >, :' ~,' ::...' ) ,"'" ' ":> , ' IA05-E022-903 ACC Part I Number: KC-9033E EXHIBIT II Pro;ects Appropriated In Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract Authority BA = Budget Authority PROJECT FIRST DATE LAST DATE NUMBER CA BA OF TERM OF TERM IA05-E022-903 $300,000 $600,000 02/01/1993 01/31/1995 IA05-E022-001 ($193,9681 01/01/1991 IA05-E022-002 ($ 89,244) 07/01/1991 IA05-E022-003 ($169,524) 07/01/1991 IA05-E022-004 ($168,552) 06/30/1992 IA05-E022-901 ($429,1431 07/01/1990 IA05-E022-902 ($128,0001 07/01/1991 RENEWAL 86 X .0194: IA05-E022-014 $355,673 $1,778,365 Replacing IA05-E022-001 01/01/1991 12/31/1995 \ IA05-E022-015 $584,624 $2,923,120 07/01/1991 06/30/1996 Replacing IA05-E022-002 and IA05-E022-003 IA05-E022-017 $385,735 $1,928,675 Replacing IA05-E022-004 07/01/1992 06/30/1997 Exhibit II: Page 2 of 2 pages UNIT DISTRI- BUTION (100) ( 49) ( 88) ( 72) 1BR - 46 2BR - 40 3BR - 10 4BR - 4 OBR - 10 1BR - 91 2BR - 34 3BR - 2 1BR - 28 2BR - 44 1/( & 0~ ) :~."",:~:'l:\ ~""I7"':.;,,~)'i;;;}:', ,~.:}~, "",: :"'" ,~:, "',:','::,.:,: :.;< t ":~,;,,,">,ik~""J'i,~ZJ 'l~;,r, '_":,~",,",', 1.",' (f1J') RESOLUTION NO. 91-98 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 913 NORTH GILBERT STREET. WHEREAS, on October 1, 1991, the property owners of 913 North Gilbert Street, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount or $500.00 in exchange for a low.interest loan; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the balance of the loan was paid in full on March 22, 1993. 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 Cierk to attest the attached Release of Lien for recordation, whereby the City does release the affected property from an obligation of the property owners at 913 North Gilbert Street to pay to the City the principal amount of $500.00, which obligation was recorded in Book 1294, Pages 108,115 of the Johnson County Recorder's Office. It was moved by Ambrisco and seconded by Harm,it? adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: --.X.- Ambrisco --X-- Courtney --L- Horowitz X Kubby -X..- McDonald -X..- Novick Passed and approved this 11th day of ~I"y ,1993. ATTEST: ~ I( ~AA~ CIT CLERK jflL Slr./'fl ppd,oh,b\9130Ilb,ro. q/~ -...". ........ \ "..-" -,,-~ - .. -,.--......-~- -r 1,.. - - --,r- --. ,-- --. ....".. ': i, ',: ':";':/':' ':,'tRI"" " ,')t.t, '" .:,:,(2;,: ': '" '" . ,....; "'::,,:": ;.: ':' , , ", .' , 'if ,', ",'71 I I'~:~' .'," ',' , ", '. ~,..'~,\~, "U\",,':','..~:"\,--'\~, , ,,' " RELEASE OF LIEN The City of Iowa City does hereby release the following property: Lot 3, Gilbert Addition, an Addition to Iowa City, Iowa according to the plat thereof recorded in Book 10, Page 61. Plat Records of Johnson County. Iowa, from an obligation of the property owners of 913 North Gilbert Street to the City of Iowa City in the principal amount of $500,00 represented by a Promissory Note, Rehabilitation Agreement and Addendum to Real Estate Contract recorded in the Office of the Johnson County Recorder's Office on November 5, 1991, in Book 1294, Pages 108.115. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. ~AClTY BY' ,r' Mayor Attest: ~~<IAI) l ~ Cit lerk Approved by: STATE OF IOWA I ) SS: JOHNSON COUNTY) On this JLi day of M",~ ' 19.iL-, before me, ~ \;..-1- , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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, or 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 or the corporation, by authority of its City Council, as contained in (6ffliflaAGel (Resolution) No. ?.3 - 1" passed (tha Resolution adopted) by the City Council, under Roll Call No. -------of the City Council on tha II r~ day of ---.MClM. . , 19~, and that Darrel G. Courtney and Marian K, Karr acknowi8d98cf~ of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed, SCNi.u.t ~~ Notary Public in and for the State of Iowa ppdllhab\913gilb,1I1 I I I q/~ :,:' , ,::/ "" ~:l~lI ~,;=:J' " 't.~, '. " ' ,:' ,:, .:".:' ~!: :""~/ '", ,.:l(Jj" .~f.~"~' '1m t. .', /'.' ;' '" '.,,'~ ,.,.'1..,.,,,Cfl_""____ ,~~' , ,', ""-,,,1, \ 'J'''' , " ' , ,I'" ~': ' .: ' , x~ mt~ 1j RESOLUTION NO. 93-99 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PROMISSORY NOTE AND MORTGAGE EXECUT- ED FOR PROPERTY LOCATED AT 125 SHRADER ROAD, WHEREAS, on September 6, 1991, the property owners of 125 Shrader Road, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount of $3.341.00 in exchange for a low-interest loan; and WHEREAS. said Promissory Note created a lien against the subject property; and WHEREAS, the belance of the loan was peid in full on May 7, 1992. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA that the Meyor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the affected property from an obligation of the property owners at 125 Shrader Road to pay to the City the principal amount of $3,341.00, which obligation was recorded in Book 1280. Pages 318-326 of the Johnson County Recorder's Office. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: \ AYES: NAYS: ABSENT: -L- Ambrisco 2- Courtney x Horowitz X Kubby -X- McDonald -X- Novick Passed and approved this 11th day of Ilay .1993, ;;~B^~ MAYOR ' Approve~ by ATTEST: )n~ 1(. ~ CITY"CLERK 3n- ,)"/0/73 ppdrohob\126.hrod.ro. q,3 \ .",..'- -----..... ..~-.-~---.....---._-~- .----- --- ..- ... .". - - ---., ..,. ' -- - - -. , , ..";' ,"'," ,'t~' .1 '/- .. . . ~". /.,' , '~.,. ':):" : ,', .,1, , . ',." ,", ,{, ,~&IL,' 'j I" ,':'" ",," ,,' :.: '''+i;-,::7-:') ~'~, ::.~-",,;,,~~.';, <,;, .':.' ,'. " ,:': "", ,..' ','.' "~~' RELEASE OF LIEN The City of Iowa City does hereby release the following property: Lot 57. Linden Park Addition to Iowa City. Iowa according to the recorded plat thereol. subject to easements and restrictions of record. from an obligation of the property owners of 125 Shrader Road to the City of Iowa City in the principal amount of $3.341.00 represented by a Promissory Note. Rehabilitation Agreement and Mortgage recorded in the Office of the Johnson County Recorder's Office on September 19.1991, in Book 1280. Pages 318-326, This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents, B~ACln Mayor Attest: 77g~:':""') .p ~a..uJ City erk Approved by: STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this JL!!: day of ~ ' 19~. before me. So"J~It;! ~.4- . 'll Notary Public in and for the State of Iowa. personally appeared Darrel G. Courtney 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 ((ffl!immoo) (Resolution) No. 93 - 9~ passed (the Resolution adopted) by the City Council, under Roll Call No. ---....---- of the City Council on the II +~ day or 1Y1~ . 19 'l~ ,and that Darrel G. Courtney and Marian K, Karr acknowledged- tlle execution or the instrument to be their voluntary act and deed and the voluntary act and deed or the corporation. by it voluntarily executed, SeswIt.t1L \:;;r:\?- Notary Public in and for the State of Iowa ppdr.hab\125Ihlad.1I1 9/3 :::":' ;",:/,,:/:", :'f 1:: ,::,,;~ /..", ,fn, > '.,:,,:: ,: ~' ,.':",.,'<' . ~\ .....'...., '. ,::~, , ,,"" " . , '. t ~'" '. I a, , ...... I ' ',' '..' : ' ~ m~ RESOLUTION NO, 93-100 RESOLUTION RESCINDING RESOLUTION NO. 86.101 TO CLARIFY THAT PUBLIC IMPROVEMENTS TO ROHRET ROAD WEST OF FREEWAY 218 MAY BE APPROPRIATE BEFORE 199B, WHEREAS, on April B, 19B6, the Iowa City City Council approved Resolution No. B6-101, which restated the policy that, other than routine maintenance, the City of Iowa City would make no public improvements to Rohret Road west of Freeway 218 or to Slothower Road before 199B; and WHEREAS, the Council based that decision on the 19B3 Comprehansiva Plan Update which projected that compact and contiguous devalopment of the city would not extand to the southwest pert of the city until approximately 199B and on the fect that, given the City's 19B6 projections for growth in the southwest area, no capital improvements were planned for the southwest araa until 199B or later; and WHEREAS, the anticipeted construction of an elementary school within the corporate limits immediately north of Rohret Road and the continued residential development in the southwest area may warrant public improvements to Rohret Roed west of Freeway 21 B before 199B; and J WHEREAS, Resolution No. 86,101 should be rescinded to clarify thet public improvements to Rohret Road west of Freeway 21B may be appropriate before 199B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT Resolution No. 86.101 is hereby rescinded to clariry that public improvements to Rohret Road west of Freeway 218 may be appropriate before 1998, It was moved by Horol/itz and seconded by Ambrisco adopted, and upon roll call there were: the Resolution be \ AYES: NAYS: ABSENT: ....L- x X --x-- Ambrisco Courtney Horowitz Kubby ---1L- ....L- McDonald Novick Passed and approved this 11 th day of Alav , 1993. t/~ #qA /fl - MAYOR Approved by ATTEST;~;"-0 .f. .f~ CITY LERK $tJ1.-- S/"J9J ppdedrrinuchfllfd,'I' Q30 J.'" '.::',:', I~'~'" ~" ( ,:' l-'-~'--' ~-:-~~':~'.~, " ""/" "/" "I' / ' ~",. ,. ,,',' :.~,: ,,:~""- <','..:~,:,',' ' ~:<!l.i,'.,"" ~'.: :,:":,,,<,,''.:':,', \:. ~~' \ RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 86-101 TO ALLOW THE CITY TO MAKE PUBLIC IMPROVEMENTS TO ROHRET ROAD WEST OF FREEWAY 218 BEFORE 1998. WHEREA , on April 8,1986, the Iowa City City C uncil approved Resolution No. 86-101, which res ted the policy that, other than routine aintenance, the City of Iowa City would make no pu Iic improvements to Rohret Road we of Freeway 218 or to Slothower Road before 1998; nd WHEREAS, the uncil based that decision on t e 1983 Comprehensive Plan Update which projected that co act and contiguous devel pment of the city would not extend to the southwest part of t e city until approximate 1998 and on the fact that, given the City's 1986 projections for rowth in the southw st area, no capital improvements were planned for the southwest are until 1998 or later' and WHEREAS, the anticipat constructio of an elementary school within the corporate limits immediately north of Rohre Road and e continued residential development in the southwest area may warrant public im roveme ts to Rohret Road west of Freeway 218 berore 1998; and WHEREAS, Resolution No. 86- 01 should be rescinded to permit public improvements to Rohret Road west of Freeway 8 before 1998. NOW, THEREFORE, BE IT SOL D BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT Resolution No. 86- 01 is he by rescinded to allow the City of Iowa City to make public improvements to ohret Road est of Freeway 218 before 1998. It was moved by a seconded by adopted, and upon r I call there were: the Resolution be ,1993, ABSENT: Ambrisco Courtney Horowitz Kubby McDonald Novick and approved this day or \, MAYOR Approved by ATTEST: CITY CLERK ? VJ..-' S/I,,/93 ppdad~n\rohl.tld,r'l f3D ~" ',,>'" ,;;,',,"', <;2(:,;(::;' '; ~ ,,:.,:.,'.::',...-:.:,..::' 'I'~'l' 'I 11:71' ~'9'" ,j. 'I " :':':.:.><.'~'l.,..;:'" ',"~i',:.:'. ':,:'I:,J~ ':,' l'~".....~ ,,;. . ',:' ,"':""," ' ,'..,';' : ~~' fh.\-2) RESOLUTION NO. 93-10 I RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI. MATE 6,92 ACRE TRACT OF LAND LOCATED SOUTH OF SCOTT PARK AND NORTH FAIRVIEW GOLF COURSE, JOHNSON COUNTY, IOWA, WHEREAS, Robert R. Mitchell owns an approximate 6.92 ecre tract of land located south of Scott Park and north of Fairview Golf Course; and WHEREAS, Robert R, Mitchell has requested annexation of his land into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City; and WHEREAS, pursuent to Iowa Code !368.7. notice of the application for annexation was sent by certified meil to the Johnson County Board of Supervisors and the East Central Iowa Council of Governments; and WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of Governments have made no ,comment on the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following-described land shall be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M,; Thence SOoo02'42"E, 337.00 feet on the East line of said Northwest Quarter to the Point of Beginning; Thence SOoo02'42"E, 370.38 feet on said \ East line; Thence N89028'11 "W, 1217.03 feet; Thence N36018'05"E, 12.86 reet; Thence N56021 '31 "E, 408.32 feet; Thence N85044'22"E, 297.52 feet; Thence N78049'21 "E, 326.95 feet; Thence N81037'27"E, 254.40 feet to the Point of 8eginning. Said tract containing 6.92 acres, more or less, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the City Development 80ard as required by the Iowa Code !368.7. It was moved by Ambrisco and seconded by lIoro",! t. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -X- Ambrisco ---L- Courtney X Horowitz X Kubby -X- McDonald -X- Novick q3~ ~,."....... ".. np -,,-. - ---. "---.--.--...--......... }-- ....". ~ . - -r-- -_ y ,.-- 1 .. ~. ....... - "-.' ..."....... i ~..~'l: ",' .:':t1...'.".tf.i<.'.':, ",:: "..,.',.,',,':'-,.: \, 'I I ~I " ~ ,I , , " I ' '",' >'.',~:,~ :::, ::;";':", :'~:': ,,).......,. ,;,:',,' ",:: ,,;:", '. : ,",' Resolution No. 93-101 Paga 2 Passed and approved this 11.h day of ATTEST: lJtP"';A-oU -f. ~ CIT'T CLERK ppdedrrin\lDilvllw"u ( , I ~ ! ~ f 1 !i i l' r t: ~ i; i. " M.y .1993. /~ (~A VOR Approved by 93l/ -~.,-...... \ "... --- - y-.--- .~~ - .. ---------..- ~- .-- r ..,.....-----. - r- --- ,.- "~.T---"""""'-""'" \ I":",,,,;',,,,,:",,:/"J":" j;;r", ,;:,:, .,' :'" "''-'',:''''.',:';,,:', - " ',I' 'I,,'.' . "tMf' , " ':', ',', ',':" ",' " ;"".-~I,~,~,:;''':'"('"\;-\:-;'~,(,,l,.~,, :,'1'''.'-'" t' "l:,:l",., ,\ ".,",,~,,' RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI- MATE 6.92 ACRE TRACT OF LAND LOCATED SOUTH OF SCOTT PARK AND NORTH FAIRVIEW G t:F COURSE, JOHNSON COUNTY, IOWA, WHEREAS, Mitchell-Phipps owns an approximate 6.92 acre tract of la d located south of Scott Park and north of Fair iew Golf Course; and WHEREAS, Mitchell-Phipps ha requested annexation of its land int the City of Iowa City, Iowa; and WHEREAS, this tract is contiguou to the corporate limits of t City; and WHEREAS, pursuant to Iowa Code ~ 68.7, notice of the ap Ication for annexation was sent by certified mail to the Johnson Co nty Board of Super ISorS and the East Central Iowa Council of Governments; and NOW, THEREFORE, BE IT RESOLVED BY T E Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following-described land shall e oluntarily annexed to the City of Iowa City, Iowa: Commencing at the N rtheast Co ner of the Northwest Quarter of Section 18, Township 9 North, Ran e 5 West of the 5th P.M.; Thence SOoo02'42"E,337. 0 feet on the Ea t line of said Northwest Quarter to the Point of Be nning; Thence SO 002'42"E, 370.38 feet on said East line; Thence 89028'11"W, 1217. 3 feet; Thence N36018'05"E, 12.86 feet; The ce N56021'31 "E, 408. feet; Thence N85044'22"E, 297,52 fee, Thence N78049'21" 326.95 feet; Thence N81037'27" , 254.40 feet to the Poin of Beginning. Said tract containing .92 acres, more or less, and i subject to easements and restrictio s of record. 2. is hereby authorized and directed to certify and file the necessary ith the City Development Board as requi d by the Iowa Code ~368.7. It was moved and seconded by adopted, and pon roll call there were: the Resolution be NAYS: McDonald Novick q34 , , i I I ! I , !. I I i I 1 .' I i , , I , I ~ ,. f if , , I, t r I . " " ....:71'. 'tJ-.. ,: ....,..,'.',., ..,....:: . "/ ,',:/ ": ' \1 ,.". ',".. :' ::,"~'\';":":';\.~I,'..',.':>',~""",J. ". .,' ':'....".:, "',., Resolution No. Page 2 Passed and approved this day of ,1993. ATTEST: CITY CLERK MAYOR ppdadmin\fairvllw.ru 4..,2-3 -1.3 934 - P"'-' V"" "... --- ..,.-.--- " .. r ..----...-~---.....-r -::' :.', .: - ",' .;'c;:.: ,,:L'; "',' '<.' 0:. '.',.'.">.:-:<~'" '''' "I 0/,'" '~;q "1fT " , " ;, "",;'\,': ,.':'t'~" ,X;'>.,,' , ,:,\..~~< J ::"~"'l ~. \:_~" '.'"." " " ) ,':\::, (l1:~ v\o RESOLUTION NO. 91-102 RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST ESTATES, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Seville Corporation, filed with the City Clerk the final plat of Southwest Estates, Part Five, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: I Commencing at the Northeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, said Point Being the Northeast corner of Lot 58 of Southwest Estates Subdivision, Part Four, in accordance with the Plat thereof Recorded in Plat 30 at Page 75, of the Records of the Johnson County Recorder's Office; Thence S89040'15"W, along the North Line of said Southeast Quarter and Southwest Estates Subdivision, Part 401.14 feet, to the Northwest Corner of said Southwest Estates Subdivision, Part Four; Thence S10012'36"W, along the West Line of Said Southwest Estates Subdivision, Part Four, 366.87 feet; Thence Southeast- erly, 13.59 feet, along said West Line on a 244.48 foot radius curve, concave Northeasterly, whose 13.59 foot chord bears S780 11 '49"E; Thence S13023'45"W, along said West Line, 130.00 feet, to the Point of Beginning; Thence S78036'15"E, along said West Line, 84.60feet; ThenceS50059'34"E, along said West Line 98.66 feet; Thence SOo053'42"W, along said West Line, 213.70 feet; Thence S44000'02"W, along said West Line, 95.00 feet; Thence S77032'29"W, along said West Line, 160.91 feet; Thence S54041 '15"W, along said West Line, 164.18 feet; Thence S30046'14"W, along said West Line, 95.00 feet, to the Southwest Corner of said Southwest Estates Subdivision Part Four, a Point on the Easterly Right-of-Way Line of Phoenix Drive, and a Point on the Easterly Line of Southwest Estates Subdivision, Part Two, in accordance with the Piat thereof, Recorded in Plat Book 28, at Page 42, of the Records of the Johnson County Recorder's Office; Thence Northwesterly 287.13 feet, along said Easterly Line, on a 680.00 foot radius curve, concave Southwesterly, whose 285.00 foot chord bears N71 019'33"W; Thence N06034'40"E,, 108.90 feet; Thence N27022'43"E, 145.47 feet; Thence N56023'06"E, 403.26 feet; Thence N77035'08"E, 1 07.37 feet, to the Point of Beginning. Said Tract of Land Contains 5,30 Acres, more or less, and is subject to easements and restrictions of record, WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval subject to the availability of sanitary sewer capacity to serve the subdivision; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved subject to no building permits being issued until the Westside Sewer upgrade is completed; 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 94/ ~" ': .'..' " :~...;~. '~l", ' :,". ' .' '" ,", <. 01' :/' , :1 " '" ,/", ,'" '. ," }' :,:~.\.':..~':":: :,\,1,: ';~~"",',~~,f..\.", .,' ..."."'..~:, t,':':/' Resolution No. 93-102 Page 2 WHEREAS, said finel plet and subdivision are' found to conform with Chapter 354, Code of Iowa (1993) and all other stata and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision loceted on the above-described real astate be and the same are hereby approved, and the dedication of the straets and easements is accepted as provided by law. 2. No building permits shall be issued until the City of Iowa City awards the contract to construct the Westside Sewer upgrade. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorizad 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 owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. It was moved by Ambrisco and seconded by Novick adopted, and upon roll call there were: the Resolution be I AYES: NAYS: ABSENT: -L- Ambrisco x Courtney X Horowitz -X.- Kubby -X- McDonald -L- Novick , . . Passed and approved this 11th day of ATTEST: ~ -I!. cl!t2.M-J CIT CLERK ;JSi/1- .5'/I'}'I3 , , ' ppdldmn\IWI.lal..'I. qL/1 I "...~ \\0' '.: -:~, '~'~~~~~--~~~tzl~~'t~"-;.~"~.L~"';'l"""~"'" ,"'.'.'" -',', "i'-l' "ii,'" " . ,'I ',' ""." , ,-;-;-;~ :Ji' :,:."~,\....',, ":~I::"'> .'.,~:~' _,11 "\' ,".,':: ,,':" ,:' "...:, STAFF REPORT To: Planning and Zoning Commission Prepared by: Charles Denney Item: SUB93.0001. Southwest Estates Subdivision, Part Five Date: March 4, 1993 GENERAL INFORMATION: Applicant: Seville Corporation 940 Maiden Lene Iowa City, IA 52240 Contact person: Frank J. Eicher Phone: 351-2412 Requested action: Final subdivision plat approval. Purpose: To permit development of fourteen residential lots. Location: North of Rohret Road, east of Phoenix Drive, approximately one-hall mile west of the existing Hunters Run Subdivi. sion. Size: 5.30 acres. Comprehensive Plan: Residential: 2-8 dwelling units/acre (out.of.sequence development). Existing land use and zoning: Agriculture; RS.5. Surrounding land use and zoning: North - Agriculture; RS-5. East. Single-family residential; RS.5. South - Single-family residential; RR-l. West - Agriculture; RS.5, Applicable regulations: Provisions of the Zoning Ordinance, the Subdivision Regulations, and the Storm- water Management Ordinance. File date: February 11. 1993, 45.day Iimitetion period: March 29, 1993, ~~I - ~ ...........~........ y-.--- - . .---~..~-....r 1 - -~-- ........ r --~.,.-- -. ......,..-....-......,...-- ::"",,/1.',:"': ,""f:,: ":':IG),:':',:.i~)'.,'," ,,:,,:,:,>,:-,.:, ',i""'~" " " '/ I ",~'u -' .:.8'( '" ,-, , , . \ . ' ~, 1,': "!?.)"':"'~ '~','\::-':'L" :",\~,:,:,.:/:l' 7';": ' . 'J' ....".". -~ ,;:" 2 SPECIAL INFORMATION: Public utilities: Adequate water service is available. The developer proposes connecting to the existing sanitery sewer in Part Four of Southwest Estates. Public services: Sanitation service will be provided by the City. Municipal police and fire protection are available. Transportation: Vehicular access is available via Rohret Road at its intersection with Phoenix Drive, the collector street serving this subdivision, Transit service is not currently available. Physical characteristics: Roiling farmland. BACKGROUND INFORMATION: The Planning and Zoning Commission recommended approval of the preliminary plat of Southwest Estates Parts Five and Six on November 5, 1992, and the City Council approved the preliminary plat on November 24. 1992. In addition, development of this property is subject to the Conditional Zoning Agreement approved by the City Council on February 23, 1988 when the entire Southwest Estates tract was rezoned from ID.RS to RR.l and RS.5. ANALYSIS: I The Public Works Department has reviewed the final plat, and has found that it is consistent with the preliminery pie!. The construction plans submitted to Public Works cannot be approved due to the lack of sanitary sewer capacity to serve the subdivision. Subsequent to the approval of the preliminary plat for Southwest Estates, Parts Five and Six, the Public Works Depertment has determined that there is no capacity remaining in the Westside Trunk Sewers, the trunk sewer which would serve the site. Public Works must certify that capacity remains in both the sewage collection system and the treatment plant before construction plans can be approved, The legal papers have been submitted and are being reviewed by the City Attorney's Office. STAFF RECOMMENDATION: Staff recommends that approval of the final plat of Southwest Estates. Part Five be deferred pending provision of sanitary sewer capacity to serve the subdivision. 9'11 ....- .'.. -~~ r\~~~ ... . I ".. ....- ,,-'-- --.-..~....-..., ~-~ "..',';:,I'."~.".:"':12; ,!~-,.,:".i' .,'.. 'i' ',:'," ,':, .' .1." il "'l'?l' 'If' ~, \ ,.' .' ,: . . ::;;\, .,'.': ' '", .'.. ,":'" :r~:. ': . ~~;'l ~., " '.: ,'. ; ..:. : ',' ~ ':',', r 3 ATTACHMENTS: 1. Location Map. 2. Final Plat Southwest Estates, Part Five. Approved by: Mon' a Moen, Senior Planner De artment of Planning and Community Development lubOOO1.cd q~1 ,:., ''';:/' "d.; 'J' ,:",d: ',":.:~ :1' ,,', .,,',...; ',.',."~:' ':, i'::," ;; .. ,~" ':','~: :',,', :',Il] ,";: ;,'--:'" , ," ':'. "",' '::",:. Location Map Final Plat Southwest Estates. Part Five ME SE AvENUE I I p I I I 1 i ; , I : I I I I , I PART 6(FUTURE) ID-RS i I I , I PART 5 - LAREDO DIUVI I I ,HOUIl( 'UCI RRl , .. , I ", ". :', "" ',,: "'" 'tb:' , ,: '~.,I ,'I .,., . ' " ':"', :1, ., ' :1'. .' ! l . ,. . ~I.~:\ . ',' .'. .' . , .~ t'," ::~t':...I:".:, :~1::-:..":11:'.' ':~,: ":, !~,~. :".,." '," ':.., '.'....,.... ," ;::~"~'. ,', r.:I >- ~ rz... E--< ~ <c p., t.> , '" > .~H i:: 8 I;; t: ~ , " -.;r~ 0. S. :~i . I ,J, ~ I! . , ii: vo' ! "l! ~... 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" t,l i: ~1 \ Ii 1, ~ I I ; S:~~:~~N REAL EST ATE 940 MAIDEN LANE P,O, BOX 2178 IOWA CITY, IOWA 52244 (319) 351-2412 FAX: (319) 351,0599 March 24, 1993 Mayor Courtney & Iowa City City Council Attn: Charles Denny 410 East WaShington Civic Center Iowa City, IA 52240 RE: Final Plat Approval for Phase V, Southwest Estates Subdivision Dear Mayor Courtney & City Council Members: I am writing to request an extension for the matter referenced above of the 50-day limitation which expires on March 29, 1993. Please extend this deadline to May 11, 1993 to allow the council ample time to give this issue consideration. Thank you for your help. Sincerely, ~.(~ Comptroller KKB/sts 9/11 - P"!.'" v...... I ".... --- ".....-- ~O' ! ! I I , .. .. ~T"",,--""-r ,I ',', . ,',;' ':, ,':,' .,", :;'f7l;'" ",',':"<<, ,:,':',,:,:, . ,., " '-I' , ,f.i'."", " . " , .." , ~/ .:. ':,{~:\, <,:.,. ': (': ,: :; '121:>';, ": ,_ ':' :', ,,~,,' ' , c. ..:::",. ;' 'J :', '\1,"''',' ,"L,",,, ....,,~(. ,1 (I', ',' l".. .' ' ., \ ',' RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST ESTATES, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Seville Corporation, filed with the City Clerk the final plat of Southwest Estates, art Five, Iowa City, Johnson County, Iowa; and WHEREAS, said su ivision is located on the following-described real estate in Iowa City, Johnson County, 10 a, to wit: Commencing at he Northeast Corner of the Southe st Quarter of Section 13, Township 79 No h, Range 7 West, of the Fifth P ncipal Meridian, said Point Being the Northea t corner of Lot 58 of South st Estates Subdivision, Part Four, in accordance with the Plat thereof Recor ed in Plat 30 at Page 75, of the Records of the Joh on County Recorder's ffice; Thence S89040'15"W, along the North Li~ of said Southeast Quarter and Southwest Estates Subdivision, Part 40.:\- 4 feet, to the N rthwest Corner of said Southwest Estates Subdivision, P rt Four; Thence 0012'36"W, along the West Line of Said Southwest Estate Subdivision, P~ t Four, 366.87 feet; Thence Southeast- erly, 13.59 feet, along s id West Lil}a on a 244.48 foot radius curve, concave Northeasterly, whose 3,59 f 6t chord bears S78011'49"E; Thence S13023'45"W, along said West ine, 130.00 feet, to the Point of Beginning; Thence S78036'15"E,alon sa' West Line, 84.60 feet; ThenceS50059'34"E, along said West Line 98.66 fe \ t; Thence SOo053'42"W, along said West Line, 213.70 feet; Thence S4400" "W, along said West Line, 95.00 feet; Thence S77032'29"W, along sai We Line, 160.91 feet; Thence S54041 '15"W, along said West Line, 1 4.18 fe t; Thence S30046'14"W, along said West Line, 95.00 feet, to he SoutH est Corner of said Southwest Estates Subdivision Part Four a Point on . e Easteriy Right-of-Way Line of Phoenix Drive, and a Point 0 the Easterly Li of Southwest Estates Subdivision, Part Two, in accordan with the Plat th ((~~f' Recorded in Plat Book 28, at Page 42, of the Rec rds of the Johnso~ County Recorder's Office; Thence Northwesterly 87.13 feet, along said ~ sterly Line, on a 680.00 foot radius curve, concav Southwesterly, whose 28~.~0 foot chord bears N71 019'33"W; Thence NO 34'40"E, 108.90 feet; Th~ ce N27022'43"E, 145.47 feet; Thence N5 023'06"E, 403.26 feet; Thence, '\1035'08"E, 107,37 feet, to the Point of B ginning. Said Tract of Land Contain~ 5,30 Acres, more or less, and is subje to easements and restrictions of reco~. WHEREAS, t e Department of Planning and Community evelopment and the Public Works Departmen examined the proposed final plat and subdivis n, and recommended approval; and WHERE S, the Planning and Zoning Commission examined the inal plat and subdivision and recom ended that said final plat and subdivision be accepted a d approved; and WH REAS, a dedication has been made to the public, and the subdi i~ion has been made with th free consent and in accordance with the desires of the owners a~d proprietors; and WHEREAS, said final plat and subdivision are found to conform with Cn\apter 354, Code of Iowa (1993) and all other state and local requirements. ~.,---- --,. ~ -.,-.::.. L ~ ,U~N J _~IWUM- ..., L 'N'Tm\WIJ""'~..>i.l\lM"~,lIlM1JMll ....-..u ''11 .-,.'..,.... "...""" -,,-. - .....----.. ... -- .... : ":l"":'" ,', :; ,,' ,'.e;' '":'(2,:,,',,',,, .: ,:', ,:, ' ',': ':: ',~:', , ". I , I l .' . .181,'" ~ ~.'71 ' .' .' . . . I" ': ~'. '~t\I../.. ..."1'.......", "-.....=.:r' ....\. .' "- .,".'\ " : It Resolution No, Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision located on the above-described real estate be and the same are hereby approved, and the dedication of the streets and easements is accepted as provided by law. 2. 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, whic~' shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. I I It was moved by and seconded by I adopted, and upon roll call there wer~, I AYES: NA~S: 'ABSENT: / the Resolution be I Ambrisco Courtney Horowitz Kubby Larson McDonald Novick I I I I . ! " * , , l I, " r , 5 , ~ ~ , \ r f / Passed and approved this / -/ ----L / ,day of ,1993. / MA YO\ Approved by L(Y/cwkJJ City Attorney's Office $Ih-- 5/~)13 I ! ATTEST: CITY CLERK ppdldrrin\tw.tlalt.r.. 9'11 I \ , , ! , I ! , i I I I I 1 I ; [ . . ".: -" ",'. '" "', .'.,' . ! {, , " ,'" , " , , , ,', I ' '/" "J' "'tzi: .t]"";..."";',. ;,", ", '/ "/" '! . 'I ',\" , .' I "f, ';;"" :V ,< ,','~",>:,'~ ',,-,"",. ,;",','''" ': "', "". ,,' L\r Nf-.. RESOLUTION NO, 93-103 RESOLUTION APPROVING FINAL PLAT OF HUNTERS RUN, PART 9, IOWA CITY, IOWA. WHEREAS, the owner, Hunters Run Development Co" filed with the City Clerk the final plat of Hunters Run, Part 9, Iowa City, Johnson County, Iowa; and WHEREAS, said SUbdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89002'39'W, 52.60 feet, to the Northeast Corner of Hunters Run Subdivision _ Part 6, in accordance with the Plat thereof Recorded in Plat Book 31 , at Page 108 Records of the Johnson County Recorder's Office; Thence continuing N89'02'39"- W, along the North Une of said Hunters Run Subdivision _ Part 6, 176.09 feet; Thence NB9'15'39'W, along said North Une, 444.45 feet; Thence NBO'OB'OO'W, along said North Une, 142,87 feet; Thence N44'29'22'W, along said North Une, 72.45 feet; Thence N63'53'40'W, along said North Une, 139.19 feet; Thence N64'23'20'W, aiong said North Une, 224,40 feet; Thence NB7'47'59'W, along said North Une, 144.34 feet, to the Northwest Corner of Said Hunters Run Subdivision - Part 6; Thence S00'57'59'W, along the West Une of Said Hunters Run Subdivision - Part 6, 227.09 feet, to the Point of Beginning; Thence S89'15'39"E, along said West Une, 60,00 feet; Thence SOO'44'21'W, along said West Une, 207.1B feet; Thence S89'15'39"E, along said West Line 15,35 feet; Thence S00'44'21 'W, along said West Line, 130.00 feet; Thence SB9'15'39"E, along said Wast Une, 28.72 feet; Thence S02'02'45'W, along said West Une, 331.59 feet; Thence S07'09'59"E, along said West line, and the West Une of Hunters Run Subdivision - Part 4, 67.08 feet, to the Northeast Corner of Hunters Run Subdivision - Part 7, in accordance with the Plat thereof Recorded In Plat Book 32 at Page 176, Records of the Johnson County Recorder's Office; Thence S76'01 '26'W, along the North Line of Said Hunters Run Subdivision _ Part 7, 359.71 feet, to the Northwest Corner of said Hunters Run Subdivision _ Part 7; Thence N02'02'45"E, 825.55 feet; Thence SB9'33'32"E, 223.35 feet, to the Point of Beginning, Said Tract of Land Contains 5.70 Acres more or less, and Is Subject to easements and restrictions of record. WHEREAS, the Department of Pianning and Community Development and the Public Works ,Department examined the proposed final plat and subdivision, and recommended approval, subject to the availability of sanliary sewer capacity to serve the SUbdivision; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved subject to no building permits being Issued until the Wests ide Sewer upgrade Is completed; 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 final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements, 9t2. .&IliIf' -...--.....- l~~ ,. - - - - ... -----.. ~-- ....... ~ .,...... - - ..-..-,.----...... .,.- ".. ~".-..--- - - - -. ,. ...,- ... ~.....- .... ),',.'1 .. '.-. "'.fj....:;I.. l '~l'" ,"'. . ',' ....,. '::,:; .,:,: ,"":",,,:.' , , "1 Ii.':,;;',)"" ,/" " " "., ~~~~,' "1',""""'>': '- Resolution No. 93-103 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: .. I I 1. The final plat and subdivision located on the above-described real estate ba and the same are hereby approved, and the dedication of the streets and easements is accepted as provided by law. 2. No building parmits shall be issued until the City of Iowa City awards the contract to construct the Westside Sewer upgrade, 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 exacute 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 owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, It was moved by Horowitz and seconded by Arnbrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: --X- Ambrisco --L- Courtney -L- Horowitz x Kubby -X..- McDonald -X..- Novick I ,1993. Passed and approved this 11th day of Approved by A~EST: lh~ rI IlaAA.J CiWCLERK :t(}~ S'/I/ 1i.J , ppdadmln\huntrun9,ros qJfL -~, V","liI""'" I "..---- .".....- \,\ ~' - "~T~- -.--r---'...... - - '-r- -. ,.--- .. ~...,..- .- .,.,..--- ~', ' ',,".:" '-1:8' l':: 'tJ:: ; ",,' .'..:';' ,;,,' ".., ,,''-,< ' '.1 ",.1, " ", ''> j '...',' " " " .,,: ,...:,:,1;:" .~,\, ,/:' ;1, ~,::' '> '. '" ~.":,e.: ,:., ,:~.." :'\,' Il,~ 'I.... '~ I..) . ,o' "... '_", .' . ." "'.'. " \ .' '. - . ~, RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF HUNTERS RUN, PART 9, IOWA CITY, IOWA. WHEREAS, the owner, Hunters Run Development Co., filed with the City Clerk the final plat of Hunters Run, Part 9, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence NS9002'39"W, 52. feet, tothe Northeast Corner of Hunters Run Subdivision - Part 6, in accorda ce with the Plalthereof Recorded in Plat Book 31, at Page 10S Records of the ohnson County Recorder's Office; Thence continuing NS9002'39"W, along the North Line of said Hunters Run Subdivision - Part 6, 176.09 feet; Thenc N89 0 15'39"W, along said North Line; 444.45 feet; Thence N8000S'00" along said North Line, 142,87/ feet; Thence N44029'22"W, along s 'd North Line, 72.45 feet; Then,le N63053'40"W, along said North Line, 13 .19 feet; Thence N64023'2o/.W, along said North Line, 224.40 feet; Thence 87047'59"W, along said ~orth Line, 144.34 feet, to the Northwest Corner 0 Said Hunters Run Subllivision - Part 6; Thence S00057'59"W, along the st Line of Said Hunte;s Run Subdivision - Part 6, 227.09 feet, to the Point of eginning; Thence SS90 15'39"E, along said West Line, 60.00 feet; Thence SOo044'21"W, aloj19 said West Line, 207.18 feet; Thence S89015'39"E, along s~idWestLine )6.35 feet;ThenceS00044'21 "W, along said West Line, 130.00 fEl t;Thenc~S890 15'39"E, along said West Line, 28.72 feet; Thence S02002'45 'W, aloyg said West Line, 331.59 feet; Thence S07009'59"E, along said We t Iin~, and the West Line of Hunters Run Subdivision - Part 4, 67.08 fe t"to the Northeast Corner of Hunters Run Subdivision - Part 7, in accordan 6 with the Piat thereof Recorded in Plat Book 32 at Page 176, Records of the' ohnson County Recorder's Office; Thence S76001 '26"W, along the Noph Li e of Said Hunters Run Subdivision - Part 7,359.71 feet, to the Nort)1west orner of said Hunters Run Subdivision - Part 7; Thence N02002'45"E, 82 55 feet; Thence S89033'32"E, 223.35 , feet, to the Point ofz:eg'oning. Said Jract of Land Contains 5.70 Acres more or less, end is Subject 0 easements d restrictions of record. WHEREAS, the Departme of Planning and Co munity Development and the Public Works and ~ WHEREAS, the P1a9 ing and Zoning Commission examined the final plat and subdivision and recommended thy< said final plet and subdivision be accepted and approved; and WHEREAS, a cjlclication has been made to the public, and the subdivision has been made with the free co,,6nt and in accordance with the desires of the owners and proprietors; and WHERE~i. said final plet and subdivision are found to conform with Chapter 354, Code of Iowa (1~93) and all other state and local requirements. 9 'I 'J. I ':: ':, ." ,.',. ';' ~ ":'l~" ,,:. :' ,:',',; :,,:::, '.'.'. ".. "/" , :1."" ,lei'" ,,', ", ,", " ",.,1 ~.' 't)/,J':..-, ,~,',""l\~I, '~-';":;':'l"'!"" ..',J\\':;....t,..~,\',,,' Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final plat and subdivision located on the above,described real estate be and the same are hereby approved, and the dedication of the streets and easements is accepted as provided by law. 2. 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 owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. It was moved by nd seconded by adopted, and upon roll call there were: AYES: NA Passed and approved this Approved by the Resolution be Ambrisco Courtney Horowitz Kubby McDonald Novick ,1993. ATTEST: CITY CLERK 75~ 5/b/93 ppdadmln\huntlun9.'I' 9t/'J. ~-y-, ," "'''',' ",,'.,::~,' t-,' ..'" '.', " ",':!',.', ,... ',' , "I,' ", .'1, ',,' :/' ,',' "~'I " ' . ",' ,,' .. :--, :-' ~,( '1~,1:......' '~I:~N, I;, ~~I, '"-' " j""';'" '\ ::.' ":' ~' ", '," ; '< y~~' STAFF REPORT To: Planning & Zoning Commission Preparad by: Robert Miklo Item: SUB 93.0003. Huntars Run Subdivision Date: March 18, 1993 Part Nine GENERAL INFORMATION: Applicant: Hunters Run Development Company 1550 S. Gilbert St. Iowa City, IA 52240 Phone: 338.2095 Requestad action: Final subdivision plat approval. Purpose: To establish a 16-lot, single-family I residential subdivision. I Northwest of existing Hunters Run Location: I ~ Development on Pheasant Valley Street I' and Duck Creek Drive. , f (, Size: 5.70 acres. r \ ! Existing land use and zoning: Undeveloped; RS-5. , I , Surrounding land usa and zoning: North - Undeveloped and Single-Family ! Residential; RS-5 and ID.RS. I East - Single-Family Residential; RS.5. South. Single-Family Residantial; RS-5. West - Undevaloped; ID-RS. Comprehensive Plan: Residential; 2.8 dwelling units per acre. Applicable regulations: Zoning Ordinance, Subdivision Regula- tions, Storm Water Management Ordi- nance. File date: Fabruary 25, 1993. 45.day limitation period: April 12, 1993. eO.day limitation period: April 26, 1993. 91/'- ~,' ~ ~ ... ".. -- ",....-- . ... ~..'ft..,. ~_--.....-.~ :;:.,,/,', . '1:1' " :;-:,;, ,;./' "." > :'>'.',:," ..,::\ :,." '" ":'\."~~J ~~~~~-.:-~~_~~ .~ 2 SPECIAL INFORMATION: Public utilities: Adequate water service is available. Sewer service is restricted due to limit. ed capacity in the Westside Trunk Sew- er. Public services: Police and fire protection and sanitation services are available. Transit service is available approximately one mile east of the proposed subdivision at the inter- section of Benton Street and Mormon Trek Boulevard. The Plaen View route, which has been initiated on an experi. mental basis, has a bus stop located at the intersection of Cae Drive and Mor- mon Trek Boulevard. Transportation: Access is available via the extensions of Duck Creek Drive and Pheasant Valley Street. Physical characteristics: The site is hilly with moderate relief and drains toward a parkway/stormwater basin to the south. BACKGROUND: I On May 3, 1988, the City Council approved the amended preliminary plat of Hunters Run Subdivision, Parts Four through Nine, a 57.66 acre, low density, single-family residential subdivision. On October 13, 1992, pursuant to Section 32.30 of the Subdivision Regulations, the Council approved an extension of the amended preliminary plat of Hunters Run Subdivision, Parts Eight and Nine to May 3, 1993. The applicant is seeking final plat approval of Hunters Run Subdivision, Part Nine, a 5.70 acre portion of the Hunters Run development, which the developer proposes to subdivide into 16 single.family residential lots. ANAL YSIS: The final plat of Hunters Run Subdivision, Part Nine, generally conforms with the subdivision design of the approved preliminary plat, 110wever, the construction plans submitted to Public Works cannot ba approved due to the lack of sanitary sewer capacity to serve the subdivision. Subsequent to the approval of the preliminary plat, the Public Works Department has determined that there Is no capacity remaining in the Westside Trunk Sewer, the trunk sewer which would serve the site. Public Works must certify that capacity remains in both the sewage collection system and the treatment plant before construction plans can be approved. The legal papers have not been submitted to date; these documents must be approved by the City Attorney's Office prior to Council consideration of this plat. Because the preliminary plat 9'1~ I ! ,.; ~ _',','"" .' ,:' " '_ 'j':" ".,."...:...~~ I ',' I . , . ~' ,'" '" :/"~aG '>,,: ",",,' - .,,,,,,,,,~~.,- '. " ':J.-, -==-",;" I """I~ \""",' ". ", ' ~ '. .H.,-;.~~~~I::'~::"" ~",,:..~;'_:.!~;:'. :.~,' .',' ':,: ", '" <,1',:' ,> 3 expires on May 3, prior to anticipated Council consideration of the final plat of Hunters Run, Part Nine, staff has advised the applicant to formally request an 18-month extension of the preliminary plat. STAFF RECOMMENDATION: Staff recommends that the expiration date of the preliminary plat of Hunters Run, Parts Four through Nine, be extended 18 months to November 3, 1994. Staff further recommends that approval of the final plat of Hunters Run Subdivision, Part Nine be deferred pending provision of sanitary sewer capacity to serve the subdivision. When sanitary sewer capacity is , available, staff recommends approval subject to submission of tha legal documents and approval of the construction plans and lagal papers. ATTACHMENT: 1. Location Map. ACCOMPANIMENT: 1. Final Plat of Hunters Run Subdivision. Part Nine. Approved by: ~~, Monica Moen, Senior Planner Department of Planning and Community Development \.ub0003,rm 9'1~ ~:.:'" ,':,>: '/~, ," 'f':j-.' ",':;Tt~,: :&t.:: ;,,:' ,';'- :,' " ':: :,", ,,>,<:',<, ~'. ' "~'.~~\ ... '::, ~I ,'.. ',,: ,\l;.. ,,\,' ,~ ': ~', "'. ,', ' ',' ,\ ~ , . " '. . . '. a . ' . ' I. _'. Location Map SUB93-003 Hunters Run Part 9 Final Plat ~ G4LWAY PUCE p ID-RS I -LAlllDODltlVl _PHOINIX PUC( ~ 5 RR' rGl - P"f.''' ....... I ~~ y-.----- . ......-...-...,. ,.-- -....--r ''; '::.r::}', '" ;,;,',,';;:,: ':1ir~:~~,~~~':;7-:~,-::",".'~ ~~.: :::~::H>J:~ ',,- '~"'.~:-:;" ':,:~~;:,:~.'.' ,.~ \ I,> ~ :, ,"') '.: ,:" .,.,C<' :'r"<:, RALPH l, NEUZil NEUZIL & SANDERSON ATTORNEYS AT l.AW 119 WRIGHT STREET P,O. eox 1607 lOW A CITY, IOWA ;Z244 HLE'HONE: IOWA ClTY(3191337'3167 OUORo13191528.4175 DAl.E SANDERSON March 26, 1993 l.:J ::; w :~; - ::.~ ~ ;;., ~-~ N =~ 'JI .-.'_':'U - -'~-' :..'=! ....1' . " _1'7'J , , - , c;.~ i...? :] ::~:..~: > ':.., co Honorable city Council of Iowa city, Iowa civic Center 410 E. Washington street Iowa city, Iowa 52245 re: Hunters Run Subdivision, Part 9 Dear Council Members: We have been advised by city staff that Part 9 of Hunters Run Subdivision cannot be approved at this time due to a constriction in a sanitary sewer line located east of the proposed part 9. We also have been advised by city staff that removing this constriction is one of the capital improvements projects which the Council will act on in the next few weeks. We have further been advised that if this project is approved, then the new schoolhouse, a new subdivision to the West of Hunters Run, Part 9, and Part 9 of Hunters Run would in all likelihood be approved. Part 9 of Hunters Run Subdivision is an in-sequence development. We would encourage the Council to approve the public works project to remove the sanitary sewer constriction. Hunters Run Development Company does by this letter grant the city Council of Iowa city an ex~ension of time upon which the Council must act on Part 9, Hunters Run Subdivision to May 11, 1993. "';{;'Yl:- Dale Sanderson Attorney for Hunters Run Development Company 9'1J. ........---... ....... ~. ),~ ,"."'.""',.,' ;"j~:'" '.'1~~; '.,',. .;.,1".'",."1:1,,'.:';.,,," , ," : 'I"', 'I "" '-I", " ", , ,"" '. " . :~... ~)tl;.? ,',<:~,~'I",/;. (,::~; :"\ ":, ,;,~...~ '\' ' ,;'';".: ',>" ',': "':, '::'~_ \x:\ rr1lJ RESOLUTION NO. Q1-101t RESOLUTION CERTIFYING TO THE TREASURER OF STATE THE ACTUAL POPULATION OF ANNEXED TERRITORY GENERALLY LOCATED SOUTH OF IOWA HIGHWAY 1 AND WEST OF THE IOWA CITY AIRPORT. WHEREAS, on February 9, 1990, John and Allegra Dane submitted an application to the City of Iowa City to voluntarily annex a 19.18 acre tract of land located south and west of the lowe City corporate limits, generally south of Iowa Highway 1 and west of the Iowa City Airport; and WHEREAS, on February 23, 1993, via Resolution No. 93.33, the City Council approved this voluntary annexation application; and WHEREAS, in an order dated March 17, 1993, the City Development Board for the State of Iowa approved the application to voluntarily annex this approximate 19.18 acre parcel; and WHEREAS, in conformence with Iowa Code ~312.3, '4, the Mayor and City Council must certify to the Treasurer of the State the actual population of the annexed territory as determined by the last certified Federal Census of said territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. According to the 1990 Federal Census, the population of the following-described annexed land is zero (0): Commencing at the Northwest Corner of the Northwest Quarter of Section 21, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence S89048'37"E, a recorded bearing, along the North Line of said Northwest Quarter of Section 21, 492.80 feet, to a point on the Southeasterly Right-of- Way Line of Iowa Primary Road No.1, which is the POINT OF BEGINNING; Thence S89048'37"E, along said North Line of the Northwest Quarter of Section 21,826.66 feet, to the Northeast Corner of the Northwest Quarter of said Northwest Quarter of Section 21; Thence SOl 047'41"W, along the East Line of said Northwast Quarter, 583.50 feet, to its intersection with the Northerly Line of the 40.04 Acre Parcel acquired by Condemnetion, In the name of the City of Iowa City, Iowa, the proceedings of which are recorded in Book 904, at Page 71. of the records of the Johnson County Recorder's Office; Thence S71 oOO'OO"W, along said Northerly Line, 890.50 feet, to an Iron Pin Found on said Northerly Line; Thence N74022'00"W, along said Northerly Line, 500.40 feet, to a point on the West Line of said Northwest Quarter of Section 21; Thence NOl 045'00"E, along said West Line, 70.08 feet, to its intersection with said Southeasterly Right-of-Way Line of Iowa Primary Roed No.1; Thence N37025'08"E, along seid Southeasterly Line, 844.82 feet, to the Point of Beginning. Said Tract of land contains 19.18 acres, more or less, and is subjact to eesaments and restrictions of record. 9'13 ,.,' '"," ",Oo"',,_'~ :(j'~:' "," ..."';,'.,,: ,,",' . I' '" , '-,'''/' " .., " , , '.. . " ':1" '"", ,. 'I " ',' f '" ~ , I' . I. " ' '." , , ':",' ;I'~l j~.:..'.\ ,..,", V,l ,," :\ I .' . .____.~~~: Resolution No. 93-104 Page 2 2. The City Clerk is hereby authorized and directed to certify and file the necessary documents with the Treasurer of State as required by Iowa Code ~312.3, '4, It was moved by Novick and seconded by AmbriRco adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: --.ll- --.ll- --L- --L- Ambrisco Courtney Horowitz Kubby ~ ~ McDonald Novick Passed and approved this 11 th day of M"y , 1993. ~- App ~~d by ATTEST: ~~..) ,f, ~J CIT CLERK ppdadlrin\dan.,r.. 4-,Z;l.13 I 91/3 " , ,. " ~; i': .. ,. ~'. " j', ( I i; ~, ,~' , "" \ t 1" ;/. " . " .. , , ' ",oW -, ';"'>, " ' ' tI .;', " , .' " . 'I ,;aJ 'l"" It\' " ", ' , , " ,,' ", ~"'. '~~(: <, 'Im;':. '. .r'r~' '''.' 'f;., ;-,":' ,; .,' .'. '" ',' ':: ., ""\ ". \~\ ~ '.'~' ,'- ',-.," . .' ,..;-,'\ . . \ '.' I ..' .' 1T\.\.5 RESOLUTION NO. Q1-10, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY94 RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1993), provides, in substance, that any power which may be exercised by a public agency of this State, may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have a contract for transit service in FY93 which permits a one.year renewal for FY94 at a rate of $27,060. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. The FY94 renewal of the FY93 28E agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder as required by Iowa Code !28E.8 (1993). It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ---L- Ambrisco x Courtney X Horowitz X- Kubby ~ McDonald --L- Novick Passed and approved this 11th day of Hay ,1993. ~- MAYOR ATTEST: fhhA'~A') .f. ~.AA) CITY CLERK F/Il.- 5/1/9,] jccoglp\uh.lghtl,'" 91:,5 ", .'" ,.'," : '<;"",' :;t~/"':': ;.','" :,' ',:' '~, :::,~: ~~, ." "'1/ "I~"" ',; ., ..,,' :",' :: ";, '~'l',../.:',-.,'i~~'::' ,.~, '<"\1'1,,,'4.;."':>"'; . r,:.' ' :~~~._ FY94 RENEWAL OF A 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement, made and entered into this / ~ day of \ J G{ n e , 1993, by and between the City of Iowa City and the City of University Heights, both municipal corporations. WHEREAS, Chapter 28E, Code of Iowa (1993), provides, in substance, that any power which may be exercised by a public agency of this State, may be exercised jointly with another public agency having such power; and WHEREAS, the City of Iowa City and the City of University Heights executed an agreement in FY93 for the provision of transit service within the corporate limits of University Heights; and WHEREAS, said agreement provides for a one-year renewal at a fixed rate of $27,060. NOW, THEREFORE, IT IS AGREED by and between the City of Iowa City and the City of University Heights, as follows: I. The City of University Heights agrees to pay the City of Iowa City $27,060 for the provision of public transit service within the corporate limits of University Heights in FY94. Payment shall be made in 12 monthly payments of $2,255, to be received by the City of Iowa City on or before the 15th of each month, with the first payment due on or before July 15, 1993. II. The parties agree that nothing in this renewal amends or modifies the original Agreement for Transit Services and that the terms and conditions of said agreement remain in full force and effect. CITY OF IOWA CITY CITY OF UNIVERSITY HEIGHTS By: ~ (# I!JU>-iv Emery Rhodes, Mayor Attest: )n~) .f. ~ City Clerk A..., jt"ifA Md~ City Clerk Approved by: '-111 ~0 "........ - ........-._-------..- ..-~..-~--~... -- - - . --- "",F V............ --, ,. , . '1.:, ,: ,.l" ,'...~...'.:.. :'~/, \,'J:~t,.' ,'"",.,,' ""-," '.<I'~' ",'" '. 'II' ",.":;1" 't", "~,'" , " -,' ,..", ~. . "\': '. ,",," ':-, ,,'"".1 :'. . , . ',,' oj, , . ", 'I ' ",', " ,I~"" ' "..l~" ,'c' "', """'" :~ ',.t ....'1 I,. \"\~."., \~ " "'~~ - . .' " , '" . .,' " - 2- CITY OF IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) J~ On this II day of ~ ,19~,beforeme, So.,d.,-c;<.. r;,.-r , a ~otary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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 Resolution No, 9'3-/05 adopted by the City Council on the //..~ day of ~ , 19~, and that Darrel G. Courtney and Marian K. Karr acknowledged (he execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,'\o-nrtu. '\e.v Notary Public in and for the State of Iowa CITY OF UNIVERSITY HEIGHTS ACKNOWLEDGEMENT i i \ I 1 I I STATE OF IOWA ) ) ss: JOHNSON COUNTY ) c n.. II \ / ;;1t,~<", E. tJ'I "If.:! On this J1 dayof \JUne.. ,19 93,beforeme,\6'~,,,i(( J a. l~o6/;VI<I , a Notary Public ,in and for the State of Iowa, personally appeared E, (, f<hodeS and em P( AIOYI ,tome personally known, and, who, being by me duly sworn, did say that they are e 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 be If of the corporation, by authority of its City Council, as containe~ in Resolution No. 3 -10) adopted byJhe Ci,ty Council on the J4 day of Ju i1 , 19 ,and that t,E, ~hodes and e I - acknowledged the execution of the instrument to be their voluntary act and deed an the voluntary act and deed of the corporation y it voluntarily executed. I jccoglp\28.r.nw.uh No ary Public in and for he State of Iowa 965 \\ ,\', ""I;'" '. ',::~~~=~~tt'~/':~~::91"" ::~\',-",:' ,:"~:,,~,,:,'.~.:./:..";,,,'L...::;',' , , , I ", " , " ..." .. ", r" "', ' '.' .'. ,I. , r..',,;\~.~,..> "."';;~'C' :,~,\ ',~ ~ ~~.d ,,~. .,' ':.: ,: ',.' :.,> '":~'. ,.. ~~,,: n\+3 RESOLUTION NO. Q1-10n RESOLUTION RESCINDING RESOLUTION NO. 92.256 AND SUPPORTING A PROPERTY TAX EXEMPTION FOR THE AMENDED CITIZEN BUILDING PROJECT. WHEREAS, the Citizen Building Limited Partnership (the Developer) has amended the Citizen Building Project (the Project) to reduce the number of one-bedroom apartments for occupancy by low-income elderly persons and persons with disabilities to 18; and WHEREAS, the City Council has adopted the Comprehensive Housing Affordability Strategy (CHAS) which outlines City policy regarding the provision of affordable housing; and WHEREAS, the first priority of the CHAS is to expand and maintain the affordable rental housing stock and expand rental assistance; and WHEREAS, the CHAS elso emphasizes the need for housing opportunities for persons with special needs, including the elderly and persons with disabilities, and WHEREAS, the Project is located close to the Senior Center, public transportation, and downtown shops; and WHEREAS, the CHAS recommends that the City provide incentives to developers to construct additional affordable rental housing; and WHEREAS, the City also has an interest in preserving the Press-Citizen Building for its historical and architectural significance to the community; and WHEREAS, the Developer proposes to preserve the Press-Citizen Building, including the facade; and WHEREAS, the City Council finds that the Project assists the City in meeting the goals of the CHAS and in meeting the goal of preserving a significant historical structure; and WHEREAS, the Developer requests that the Iowa City City Council grant a ten-year one hundred percent property tax exemption for the amended Project; and WHEREAS, on September 15, 1992, the Iowa City City Council adopted Resolution No, 92- 256 supporting the concept of using a property tax exemption for the original Citizen Building Project for proposed improvements to the Press Citizen Building including the provision of 66 one-bedroom apartments for occupancy by low-income elderly persons and persons with disabilities; and WHEREAS, Resolution No. 92-256 should be rescinded and this Resolution approved, supporting a property tax exemption for the amended project. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Resolution No. 92.256 is hereby rescinded to enable the Council to adopt a resolution supporting a property tax exemption for the amended Citizen Building Project, ", .--~,.".... "........ ".....-- -- .. ~..-~~...-- , " , , . ' I J ,":,,""" , ,t~I' :':, t::,., , '~" ,':',-'<', "-".>:'" "" .1, <,r ~",. , " , "", '. J'" I.,f j' 'I , , , ,"' ,',' "-, lJ.~~,\"..:: ':",~' "I,~,'. 1, ,Rj;': "', , < ," _ ,:,', ~ ' Resolution No. q1-1 06 Page 2 2. The Iowa City City Council supports the concept of using property tax exemption for the amended Citizen Building Project for proposed improvements to the Press Citizen Building, including the provision of IS one-bedroom apartments for occupancy by low- income elderly persons and persons with disabilities and the preservation of the Press- Citizen Building and its facade. The exemption would be a ten-year one hundred percent exemption from taxation on the actual value added by the commercial residential improvements to the Press Citizen Building. 3. The Iowa City City Council directs the City Manager, the City Attorney, and the City Clerk to begin the necessary steps to establish property tax exemption for the Project as set forth in Iowa Code Chapter 404, "Urban Revitalization Tax Exemptions". It was moved by Kllhhy and seconded by ^m~r1 oen adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x X- ---L.. ~ Ambrisco Courtney Horowitz Kubby x x McDonald Novick Passed and approved this 11 th day of Hay ,1993. ~ MAYOR Approved by ATTEST: )J1~i( 7/:;~ ~CLERK ld7-- .5 -t - 9.1 ooodov\.uppo,t"oo 9~1J - ~, v...... --p"-'- .".-.----- \\1 I - .. .-----'.~- P""'"r ,...". - - ......"".....,.,...... ,.-- .. .......,..--.".........~- I ,":,', \""'~:""-:':''-':-I.':.;,t~" '\';~-"",,~, . ,,'., : ',:,,/' -' ,.1:",,". ',,' I 'I, ," _. . " ., R', \' .., ""', " , ,I, j,"", ,', r', " ., , " :':.i:",:.\)..,, ::~I',' "~'. .....1' '\ . ",' " . City of Iowa City MEMORANDUM Date: May7,1993 To: City Council David Schoon, Economic Development coordinator'~ From: Re: Property Tax Exemption for the Press-Citizen Building As you are aware, Citizen Building Limited Partnership (Bob Burns) has amended the Citizen Building Project to include the construction of only 18 (rather than 66) one-bedroom apartments for occupancy by low-income elderly and persons with disabilities. The resolution included in your packet rescinds Resolution 92-256, an earlier resolution adopted by the Council supporting the concept of using property tax exemption for the Citizen Building Project which was to include 66 one,bedroom apartments for occupancy by low-income elderly and persons with disabilities. The developer requests that the City Council consider adopting the proposed resolution supporting the concept of using property tax exemption for the provision of 18 one-bedroom apartments for occupancy by low-income elderly and persons with disabilities and the preservation of the Press-Citizen Building and its facade. Adoption of this resolution would provide the developer with documentation to provide to state funding bodies. If the Council continues to support the concept of providing tax exemption for this project, the Council will need to establish, by ordinance, the revitalization area and tax exemption schedule for this project. Given State Code requirements, the process of establishing such would take approximately 90 days. If you have eny questions on the process involved in establishing tax exemption for this project, please give me a call at 356-5236, cc: Steve Atkins Karin Franklin Don Yucuis Marianne Milkman bjlptbld, 9'(, I , I j ! ~ I , , ! ~ ( \ f i ! i) " " [ ~ I t I I i ;' . -~, .' f" .' ,', '" . ., f " ',.:' ':'L ' " .. -, 't-" 'tj' '( , , .. ' 1'"''':':/\'''::I:~'''''<''' ',",: '; '''',', :"",,',",..:",' ',..., ~.. , ..I.' , ,.;" '" {\ . , '. I .' . " ' . I' . _ , ' . ... '~...,\ '\J~" .!;~: .L .\' . "'" > ',' . ,\ " ,n!, " r' , RFr.i=!vr.n APR 1 3 1993 THE CITIZEN BUILDING LIMITED PARTNERSHIP 328 East Washington st., Suite 201 P. O. Box 1226 Iowa city, Iowa 52244 (319) 338-7600 FAX (319) 337-2430 April 13, 1993 City Council city of Iowa City 410 E. Washington st. Iowa City, Iowa 52240 Subject: Property Tax Abatement The citizen Building 319 E. Washington st. Iowa city, Iowa Dear Council Members: ~v1tt/j. ~~W( ~- We respectfully request your reaffirmation of resolution no. 92-256 with a reduction in the number of one-bedroom apartments from sixty-six to eighteen units. A copy of the resolution is enclosed for ease of reference. Your commitment to property tax abatement for the eighteen unit project will assist with obtaining financing from other sources. Some of those Sources have asked if the city remains committed to property tax abatement for the reduced number of units. Due to caps on sources of financing and the interrelationship of various sources of financing, specifically impact federal sources have on low income housing tax credit, it has become necessary to develop a scaled down version of the original project. The eighteen unit project will provide for rehabilitation of the 1937 Press-Citizen building. We appreciate your willingness to assist us with preserving the Press-Citizen building and providing affordable rental housing for elderly and handicapped persons at the same. Sincerely Yours, THE CITIZEN BUILDING LIMITED PARTNERSHIP 4ltP~. Robert P. Burns General Partner RPB/slk Enclosure 'I"" .-.' v.... ... I ".."--- ....-.-- -. "~"~-""-r ..., .. - - "-.r- --,.- ... -..,.. - .. ":,,', ":/;"" ,:..',;~{~~~\i'7/-',~T"~;~;~~~:~:-e'~' "'e ' " "',' ':', ,," '1,',',:,,1:.';, .,':'I~.' "i~r ;;, \,';" ': ':, '. '---"';':-~7--~':'~";" ~l""'''p' ,',)~~,_, ......~,. '~,', ., ..,,'1, "", "I,' .' ":.'" "-' "\' . ,'" \ ", " ,"',' I P!1.oPo5E!> \ RESOLUTION NO. 92-256 l Rt:\,J IS \OIJ ) t~. ~"I I",) RESOLUTION OF SUPPORT FOR ESTABUSHING PROPERTY TAX EXEMPnON FOR THE PROPOSED CrnZEN BUILDING PROJECT WHEREAS, the CItizen Building Umlted PartnerShip (the Daveloper) requests that the Iowa City City Council grant a ten.year ona hundrad percent property tax exemption as provided In Section 404.3 01 the Code 01 Iowa lor proposed improvements to the former Press.Cltlzen Building, called the Citlzan Building Project (the Project); and \~ WHEREAS, said Improvements Include the construction 01 ~~ one.bedroom apartments for occupancy by 10w,Income elderly and persons with disabilities; and WHEREAS, the City Council has adopted the Comprehensive Housing Affordablllty Strategy (CHAS) which, outlines City poilcy regarding the provision 01 affordable housing; and WHEREAS, the number one priority 01 the CHAS Is to expand and maintain the affordable rental housing stock and expand rental assistance; and WHEREAS, tha CHAS also emphasizes the need for housing opportunltlas for parsons wilh special neads, InCluding the elderly and parsons with dlsabllliles, and WHEREAS, the Project Is located close to the Senior Center, public transportation, and downtown shops; and WHEREAS, the CHAS recommends that the City provide Incentives to davelopers to construct additional affordable rental housing; and WHEREAS, the City also has an Interest In preserving the Press.Cltlzen Building for Its historical and architectural slgnlncance to the community; and WHEREAS, the Developer proposes to preserve the Press.Cllizen BUlldlng,lncluding thelacade; and WHEREAS, the City Council finds that the Project assists the City In meeting the goals ollhe CHAS and In meeting the goal 01 preserving a slgnlncant historical structure, NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: II) , 1. The Iowa City City Council supports the concept 01 uSi..(property tax exemption for the Cltlzan Building Project which Includes the provision of ~~~~'bedroom apartments for occupancy by low.lncoma elderly and persons with disabilities and the preservation olthe Press. CItizen Building and Its lacade. The exemption would be a ten.year one hundred percent exemption Irom taxation on the actual value added by the commercial residential Improvements to the Press.Cltlzen Building. 2. The Iowa City City Council directs the City Manager, tho City A<<orney, and the City Clerk to begin the necessary steps to ostabilsh proporty tax oxomptlon lor the Project as sotlorth In Chapter 404, 'Urban Rovltallzatlon Tax exemptions', 01 the Codo of Iowa. SECTION 24 ITEM 10 9~' " , ':, :,',' ',,','::~l :.~'7/"~" "B....' ,:~,', ,,: -, ;'., ,>' " ",' -, ',;I,'.J" I-'-"! "" , "" I, ," >',', ~. ":::"I':l:. \ ~,:" ;':--<.", 'J. ;" '.~ . ,',.....:. ,'~,. ,: ...., Resolution No, 92-256 Page 2 , II was moved by (,arson and seconded by Kubby adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x Ambrlsco -X.- Courtney -X- Horowitz ...L- Kubby . X Larson X- McDonald X- Novick Passed and approved this 15th day of September ,1992. ATTEST:~ -J(. ~ C CLERK ~~L" MAYOR ~ Approved by JJ'J. I ' $' LLJ~,~. .\ .I. Clly Attorney's Offlca ' ecod8V\SUpport,l83 I SECTION 24 ITEM 10 " '''':''H'-'' ;/ . .' '",:- I i I I I i I I I ! r~~ - ""'P' v .... --r''''''''-- ".-.- \~ I _ ... _____..-~__.-......_ru.' - - ---.,. W' - - .-'ji."..I,' .', ,W '. 1_,,. ,~.,\." ',:- "., - " ..':;-:;.) .,,, ,'. ' - " ?~::~:':L',:o'-,II1:::,:,tJ:, ; .,""', ,.,'",-,:.', "'-',': :': , , ,\ "..I,..., . \", " ,',:" - ,,' RESOLUTION NO. 93-107 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND EASTERN IOWA LIGHT & POWER COOPERATIVE. WHEREAS, Section 364.12, Code of Iowa (1993), provides that cities are responsible for keeping public grounds, streets and public ways free from nuisance; and WHEREAS, Section 364.2(4). Code authorizes cities to grant non-exclusive franchises to public utilities; and WHEREAS, Section 476.25, Code of Iowa (1993) provides that it is in the public interest that the Iowa Utility Board establish service areas within which specified electric utilities shall provide electrical service to customers on an exclusive basis; and WHEREAS, the Iowa Utility Board designated certain areas within and around Iowa City to be the exclusive service area for Eastern Iowa; and WHEREAS, Eastern Iowa desires to provide electric service to those customers in Iowa City; and WHEREAS, Iowa City has previously granted franchises to certain public gas, electric, cable television and telecommunications companies and also to private companies, each of which has installed certain equipment over, under, across and upon public property in the City of Iowa City; and WHEREAS, the City has not previously granted a franchise to Eastern Iowa Light & Power Cooperative ("Eastern Iowa"), even though Eastern Iowa provides electricity to certain portions within and outside Iowa City; and WHEREAS, Eastern Iowa and the City of Iowa City are now dasirous of formalizing an agreement, which would extend to Eastern Iowa certain rights to use City right-of-way, in consideration for Eastern Iowa's agreement to abide by certain regulations, which agreement is attached hereto and incorporated by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. It is in the public interest to enter into an agreement with Eastern Iowa Light & Power Cooperative, in order to protect the citizens of the City of Iowa City. 2. A license agreement between the City of Iowa City, Iowa, and Eastern Iowa Light & Power Cooperative, attached hereto end incorporated by reference herein, is approved as to form and content. 3. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached License Agreemant. rf\-\-J rl,7 , , I _ .. r......~ "':':<i"l~' :';~I, ,: ~I.I'''''' ::t"':'l'~" '...,' ",," ,'.':':'~' .. ,'.'~' ""I~ " :., , ..I " '" ,'" !") II.,/~., ,,~,', !~~',: ,~11'... ':,..".,.;.../" "," ..:' ,'" .: ";':, Resolution No. 93-107 Page 2 It was moved by Ambrisco and seconded by Novick adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Ambrisco , Courtney I Horowitz , Kubby McDonald Novick -X- -L- X X --X- --X- Passed and approved this 11 th day of Hav , 1993. ~~. J1vj;J " , MAYOR ' ~bY CI Y A:"~~{; ATTEST:J2~ l. !law CIT LERK g:lJtg.nIil&p,ru , , 9(P1 I v-' - .. ..........'. ~,-~". ,...... - - "-r- ~_.. ,.- ......T-...-.....,..---~ , " :.'" ,~ :l" ,,',:!t:., : .;: ." .: ,,'i,; "" ,,., :: ':' ,<.; ,: :;: ,'.' ,::: .::.'; .. '. ' 'I / ;": I" (.'. ,I I -: " " ~ . : ",...: . .;. (,.~ ~ , '. ,,.' . '" " \. .'J ~"\ ~ . .', . . , , :" '/'1.,"';, : - ~.~. ,'" ,t;..,.. , ~q 'I, ,. " . . ," . ,.~ LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND EASTERN IOWA LIGHT AND POWER COOPERATIVE WHEREAS, Section 364.12, Code of Iowa (1993), provides that cities are responsible for keeping public grounds, streets and public ways free from nuisance; and WHEREAS, Section 364.2(4), Code authorizes cities to grant non-exclusive franchises to public utilities; and WHEREAS, Section 476.25, Code of Iowa (1993) provides that it is in the public interest that the Iowa Utility Board establish service areas within which specified electric utilities shall provide electrical service to customers on an exclusive basis; and WHEREAS. the Iowa Utility Board designated certain areas within and around Iowa City to be the exclusive service area for Eastern Iowa; and WHEREAS, Eastern Iowa desires to provide electric service to those customers in Iowa City; and WHEREAS. Iowa City has previously granted franchises to certain public gas, electric, cable television and telecommunications companies and also to private companies, each of which has installed certain equipment over, under, across and upon public property in the City of Iowa City; and WHEREAS, the City has not previously granted a franchise to Eastern Iowa Light & Power Cooperative ("Eastern Iowa"), even though Eastern Iowa provides electricity to certain portions within and outside Iowa City; and WHEREAS, Eastern Iowa and the City of Iowa City are now desirous of formalizing an agreement, which would extend to Eastern Iowa certain rights to use City right.of-way, in consideration for Eastern Iowa's agreement to abide by certain regulations; and WHEREAS, it is in the public interest to set forth such agreement in writing, thereby protecting the safety of the public right-of-way and also minimizing conflicts between various public utility systems. NOW, THEREFORE, in consideration of the mutual promises herein, City of Iowa City, Iowa ("City") and Eastern Iowa Light & Power Cooperative ("Eastern iowa") (sometimes collectively referred to as "Parties") heraby agree as follows: 1. Definitions Parties agree to the following definitions: a. "City" shall mean the City of Iowa City, iowa, its officers, employees and agents. b. "Excavation regulations" shall mean the then-current Article II, Chapter 31, Iowa City Code of Ordinances ("Municipal Code"), a copy of which is attached "'7 ~ .lIIr" ~.... I "..... V-'- .. .. .----..-~--.....V ., -r - ~ ..........,...---.....- .,- .. -T- .... ------ l' :'~I.",'. 'J~:-" ..~'.." 1.',..~ ,~"-~:l."_ '.~~~'-~: -,.' ':.':' ,:_,< " "II' ,.~, '/"" , " ,', ' . ., "" . (-' '. -=~,,,, ',,' I I' , ',If~'. . ,'" " ' {, :" , /i' j '.."~:~". ~~~=-1;.~~!..7--"7:,~ii~-"<~~~~~~~"-':~_':~0~:_>.". ~ " , , \ "', ~\" 2 hereto and incorporated by reference herein. At such time as these regulations are amended or recodified, said new regulations shall apply. c. "Excavation permit" shall mean the permit sought, and obtained, by Eastern Iowa during the course of this License Agreement, as provided in the City's excavation regulations. d. "Public improvements" shall mean any improvements on public right-of'way, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights and signals, regulatory traffic control devices, water mains, sanitary and storm sewers, and any equipment related therato. e. "Public right-of-way" means City-owned or City-controlled public rights-of-way, including but not limited to easements, alleys, streets, roads, bridges, squares, common law public highway easements, public ways and public commons. f. "Public utility" or "public utilities" shall mean any gas, electric, telephone, cable television, water, storm or sanitary sewer system serving the general populace of the City of Iowa City. 2. Term of License Grant City hereby grants to Eastern Iowa Light and Power Cooperative, an Iowa corporation with its principal place of business at Wilton, Muscatine County, Iowa ("Eastern Iowa"), together with its successors and assigns, a non.exclusive right to acquire, construct, erect, maintain, and operate in the City of Iowa City, Iowa, together with any annexed portions into the City, an electric light and power system, including the right to locate, erect and maintain the necessary poles, lines, wires, distribution lines, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the sidewalks, streets, avenues, alleys and public rights'of-way to serve customers within and without said City of Iowa City, for a period of fifteen (15) years from and after the date of execution of this Agreement, all as pursuant to Eastern Iowa's service areas established by the Utilities Division of the Iowa Department of Commerce. Parties agree nothing in this Agreement shall be construed to affect, alter or amend Eastern Iowa's service areas, as governed by state law. Parties further agree this License Agreement may be terminated by one hundred twenty (120) calendar days' written notice by the City to Eastern Iowa, for cause. 3. Rights of Eastern Iowa and City The rights and privileges granted to Eastern Iowa pursuant to this Agreement, including Eastern Iowa's successors and assigns, are subject to the following: a. Applicable provisions of the Iowa Code, Including but not limited to Chapter 364, and Chapter 476; b. The Code of Ordinances of the City of Iowa City ("Municipal Code"), including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article III, Underground Electric Service, Articla VI, Public Utilities Regulations; Chapter 34, Vegetation; Chapter 36, Zoning; and f~7 I "....'-------..-..... ~. ~...., ~- ....... ~...... - - '-r- -- -,.- -- ...".. .', ',.', , ,,:' ,",.,..' ',\ I' 'i 'F/---' ,,; ',,',',', ",'" " ,", ..., ~.l' '.;:1.'" ",'~~,,". .,~/' , . ',~f "".,.:" ,,":,.,," .' ',:). :;, ~:"';\',...:'".,J~,..~:J~I, " :\'.~, ',,: """"",;' ,~: " . :,,/' '",,' ""." "". , , . . 3 Chapters 8 and 32, Grading and Erosion Control, including any updates or recodifications of said Municipal Code; and c. Any other applicable statute or regulation promuigated by state or federal agencies under federal or state laws. Eastern Iowa and the City acknowledge the validity of the above-named laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this Agreement, provided, however, that both parties reserve the right to challenge or contest the future interpretation or application of any of said laws, codes, ordinances, ,statutes or regulations. Eastern Iowa further acknowledges City may make such lawful and reasonable amendments to the provisions of the Municipal Code which affect or regulate Eastern Iowa herein, and that City may do so as the City deems necessary and proper. Moreover, Parties agree this Agreement shall not restrict. in any manner, the City's right to exercise any power which it now has or which may,thereafter be authorized or permitted by the laws of the State of Iowa, Specifically with respect to ~476.25, Code, City acknowledges that Eastern Iowa has an obligation to service customers in its designated service area. 4. Right of Eastern Iowa to Erect Poles, Install Wiring, Etc. a. General Descriotion of License Grant. Eastern Iowa shall have the right to locate, erect, construct or install all necessary electric utility system compo- nents as set forth in paragraph 2 above, but such grant is herein conditioned on Eastern Iowa's promise to install and maintain, or cause to be installed or maintained in a manner that will not cause any unnecessary interference with or obstruction of any public improvement or facilities located within public rights-of-way, including but not limited to streets, alleys. sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains which have been or may hereafter be located by authority of the City, and also including any other public utilities which are in place in public rights-of-way. Eastern Iowa further agrees that all electric utility system components located or placed by Eastern Iowa above, upon, in or under public right-of-way, together with the wires placed thereon or therein, shall comply with the National Electrical Safety Code and the regulation of the Utilities Division of the Iowa Department of Commerce. b. General Provision for Scheduled Work and As-Built Drawinas, Except for emergency work, Eastern Iowa agrees to provide the Public Works Department with a schedule showing all planned construction, expansion, rehabilitation, . repair or reconstruction of Eastern Iowa's eiectric utility distribution and transmission system, and to do so on or before May 1 of each year. Eastern Iowa agrees to submit these plans for construction for any property located within the City, or within unincorporated areas within two miles of the City's corporate limits. Eastern Iowa agrees to promptly furnish to the City copies of "as-built" plans related to Eastern Iowa's existing and/or completed or relocated electric utility distribution and transmission system, as well as provide copies of all "as,built" 91#7 - ~.' v...... ~--.-- ...-.--- - "~'-~-""'r ,....... - _T ':<': "';:'1' ,',,':~I:',".' ,;"" ' ':'8", ,;,'" ,',:' '," ,-,,:' '" ':',', <" ", ..', Im" , '" ", ' , .,': ,,' \' J" ,,' ,,, .;." .. . ',\ I "~ :. . ~1! a ,1... - ',~' : '" :' -, l, ,- ",' , ~...n, '" ' \, ' , " , 4 plans for changes or additions to its electric utility distribution and transmission system located on or affecting public right-of-way, 5. Eastern Iowa's Authority to Make Excavations, Trim Trees on Public Ways, Emergency Work Eastern Iowa is authorized, by way of this License Agreement, to make excavations in City public right-of-way for purposes of routine repair, maintenance and replacement of poles, wires, conduits, lines or other electric utility system components. In making such excavations, Eastern Iowa agrees to first obtain a permit from City, as required by Chapter 31 of the Municipal Code, and further agrees that Eastern Iowa shall not unnecessarily obstruct the use of City public right-of.way; shall first provida the City's Director of Public Works with twenty-four (24) hours notice prior to actual commence- ment of the work; and shall further comply with all provisions and requirements of Chapter 31 in performing such work. In emergencies which require immediate excavation, Eastern Iowa is authorized to proceed with the work without first obtaining the permit, provided, however, that Eastern Iowa shall notify or attempt to notify the City's Public Works Director of the emergency work, and Eastern Iowa shall then apply for, and obtain, a City axcavation permit as soon as physically possible after commencing such emergency work. Eastern Iowa is hereby authorized to cut and trim any trees extending into any street, alley, or public right'of-way so as to prevent limbs or branches from interfering with Eastern Iowa's above-ground electric distribution or transmission lines or facilities, and further agrees to do so at its own expense and in a careful and prudent manner. , . . , i i Parties agree Eastern Iowa's authority or obligation herein shall not extend beyond trimming trees within residential areas located within the City limits, and that said trimming clears above-ground lines and facilities, Parties further agree that said tree- trimming shall be performed by Eastern Iowa in residential street and alley areas in accordance with standards established by the City Forester, and that Eastern Iowa shall first submit to the City Forester, on or before December of each year, a schedule of tree-trimming that Eastern Iowa intends to perform in residential areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within seven (7) calendar days following such trimming or cutting. I 6. General Conditions of Street Occupancy a. Placement and Use, Eastern Iowa agrees that its placement and use of the electric utility distribution and transmission system herein shall conform to established grades of streets, alleys, sidewalks and other public rights-of-way, and be so located as to cause minimum interference with other public utilities located in, under or upon public right.of.way, and shall also be established and used to cause minimum interference with the rights or raasonable enjoyment of property owners ebutting said public property. b. Interference with Traffic. Eastern Iowa agrees to conduct the work under this License Agreement in such a manner to cause as little interference as reasonably possible with pedestrian and vehicular traffic. Eastern Iowa further agrees to provide construction signage in compliance with the Manual on 91#7 -.-.:" V~... I -- ....-- - - '- --- --~ ,.~ "... -,. ---.-.-----... ........~. --, ~-- ... ,. ~ .. ..........- ".. ....,...-- ". ",' ''''<I"': ;::::~ ,': ',-;.,;;"';c;.,',,' ,:', : ::: ,<:"':,', ',:,' ~::~, .;:~:~.: ".'}'~~'L::!' ~';\'..:/:'.;~2J.'!'~", ..',f,:, . :,',":,', ,'~,.l',~ ~. ""l" ,. ,~- .1, , '.... _ "', ., . I > . ~ ,k ,- - f"to '_ ", . ~ . 5 Uniform Traffic Control Devices, and agrees to abide by scheduling directions, if any, given by the Public Works Director, 7. Relocation Upon reasonable written notice from the City, but in no event less than 30 calendar days written notice and at Eastern Iowa's sole cost and expense, Eastern Iowa agrees to remove, locate and relocate its electric utility distribution and transmission system components in, on, over or under any public right-of.way which the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement in or about any public right-of-way. Eastern Iowa and City specifically acknowledge the City's right to request Eastern Iowa to move or relocate their electric utility distribution and transmission system, and that such request shall be made only to promote and protect the efficient operation of any City public improvement including vacation and/or redevelopment of public right-of-way. In the event Eastern Iowa fails to act within the allotted time, the City may cause the electric utility transmission system to be relocated, and Eastern Iowa and City agree the cost of such relocation shall be assessed to Eastern Iowa, shall be paid within thirty (30) calendar days after billing; and if not so paid, Eastern Iowa agrees the City may assess the cost as a lien collectible as a property tax, as provided by Section 364.12, Code of Iowa (1991). 8. Locator Service Eastern Iowa agrees to cooperate in locating its electric utility distribution and transmission system, said assistance to be provided as now required by state law known as "one-call utility locate system." 9. Payment for Damage During Eastern Iowa's Activities In the process of location, construction, reconstruction, replacement or repair of any electric utility distribution and transmission system component, including any efforts to protect the public and assure safe and efficient traffic flow, Eastern Iowa agrees that any excavation or obstruction made or caused by Eastern Iowa in public property shall be properly barricaded to comply, at a minimum, with barricade requirements set forth in tha City's Excavation Regulations. Eastern Iowa further promises that all pavement removed, disturbed or displaced by Eastern Iowa or its agents or contractors shall be properly and speedily replaced by Eastern Iowa in accordance with the City's Excavation Regulations. As a further condition of this License Agreement, Eastern Iowa agrees to repair or cause repair to be made to any private property, public utility, public improvement or public right.of.way damaged by such Eastern Iowa action or inaction, and Eastern Iowa further agrees to do so at its own expense and to the reasonable satisfaction of the person or entity whose property was damaged, Eastern Iowa shall also defend the City against claims for damages or losses for Eastern Iowa's delay or failure to restore said private property, public utility, public improvement or public right-of-way to its former condition. Eastern Iowa shall also defend City against losses or claims for damages from Eastern Iowa's failure to properly barricade such excavations. r~7 .... ~-.=~"-f'~"";""'-;----~'C(~ ,o-~,,;tm',-,- ,'-' ,',,' ," ' ,':'-'" "., "- '1'/ ," ,~iJJ "I"" II' ,-~-~-" -.. - ," -:".., ~,.,.....i~I: "":'~l',~,>. ,,\ ,', I ",' I"~ ~"':.......~.!..';';- I , , '\ J I j, ~ .' , . I I ", ",'" '\' : ., I'", ;", ",.".' ,"'r' -:' ,.' I"'. ',:," " ", " , .' 6 If Eastern Iowa fails to repair or arrange with the City for the proper repair of' any public right-of-way after five (5) calendar days' written notice to do so, which notice shall be given to Halvin D. Nicholas, CEO, then the City may make such repairs, and Eastern Iowa shall promptly reimburse the City for such costs, Failure of Eastern Iowa to pay said cost~ shall render the costs collectible as a lien and a property tax against Eastern Iowa's property, as provided in Section 364.12, Code of Iowa (1991). 10. Work by Others; Construction by Abutting Owners; Alteration to Conform with Public Improvements The City reserves the right to lay, or permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to construct or install, or to permit to be constructed or installed, any underground 0; overhead installation or improvement in, across, along, over or under any public right-of-way occupied by Eastern Iowa if, in the City's discretion, said work is deemed by the City to be necessary to protect public right-of-way, City also reserves the right to change any curb, sidewalk or grade of any street right- of-way if deemed by the City to be appropriate, and Eastern Iowa and City agree the City shall not be liable to Eastern Iowa for any damage so caused; however, nothing herein shall relieve any third party from liability for damage to Eastern Iowa's electric utility transmission system. 11. Eastern Iowa's Contractors I The requirements of this License Agreement shall be deemed to apply fully to all persons, firms, associations, partnerships, corporations or responsible parties performing work for Eastern Iowa under a contract or other type of direction or work order, regardless of whether the requirements herein are specifically recited in said contracts, directions or work order. 12. Maps, Records. Reports and Documents Eastern Iowa shall keep accurate maps and records on the operation of its electric utility transmission system in connection with this License Agreement. Eastern Iowa agrees the City shall have the right, at reasonable times and for reasonable purposes, to examine, audit and review and/or obtain copies of documents, maps, plans or other records of Eastern Iowa pertaining to this License Agreement. Eastern Iowa agrees to fully cooperate in making said records available to the City, and agrees to assist the City in reviewing said records. Eastern Iowa further agrees that the City may, at any time, make reasonable inquiries as to Eastern Iowa's operation of the electric utility distribution and transmission system within the City, and Eastern Iowa agrees to respond to such inquiries within fourteen (141 working days of any such inquiry, Parties further agree that on or before the first day of May of each year during the term of this License Agreement, Eastern Iowa shall file with the City a corrected list of its electric utility distribution and transmission system components, together with an up-to-date map of Eastern Iowa's electric utility distribution and transmission system showing all existing facilities as well as newly-installed, extended or removed components which have occurred during the previous calendar year. P'7 - ""l' V" ---,..-... y-' -- - .. --_.-,.~-....- ........~..~-- -- .... --.... - -- -- - ~ ~,,. ...,... ' --~ . ~ W' JI' - .'- .. -- ":,' :,' 'I ,', i~h ".:',' '" ':"-:-'1' I'..," . ,'" '.' ,"'." : ':,',' ,', "r, '"l~''' ../. ",I ," " , ,,' , :'",.~:,t'. :::""',~~/" ,:','<;\ ~: ,'/ '{,",_.t. ~.. :'~"""" ~ ':,1 :....~-~: '. .:::,-;": 7 13. Violations of Agreement a. Default. Upon evidence being received by the City that a breach of this License Agreement has occurred, or that a violation of codes or ordinances regulating Eastern Iowa herein has occurred, the City shall cause an investigation to be made. If the City finds that the violation or breach occurred, the City will deem said violation or breach a "default" under this License Agreement, and the City may take whatever steps are necessary to secure compliance with the terms of this License Agreement or the applicable codes, regulations or ordinances. b. Notice of Default. The City shall notify Eastern Iowa of a default, in writing, and Eastern Iowa agrees to cure such default within thirty (30) calendar days after such written notice. Parties agree notice shall be by personal delivery or ordinary mail, and shall be given to Eastern Iowa to the following: Melvin'D. Nicholas, CEO Eastern Iowa Lieht and Power Cooperative East Fifth & Svcamore Streets Wilton, IA 52778-3003 c. Remedy for Default. If Eastern Iowa fails to cure a default within the time allowed, the City shall have the right to: I 1) 2) 3) 4) seek specific performance; or ramedy the default by doing the act itself or through a contractor, and charge the cost of such work to Eastern Iowa; or seek damages for such default in a court of law; or file a municipal infraction, as provided in Section 364.22, Code of Iowa (1991), a civil remedy. Parties agree these remedies are cumulative in nature, and that election by the City of one remedy shall not preclude the City from use of any other remedy. Eastern Iowa further agrees to be liable for reasonable attorney fees and costs incurred by the City in pursuing any such remedial action, including payment for time spent by the City's City Attorney staff. 14, Vacation of Streets and Alleys So long as Eastern Iowa exercises the rights granted hereunder, the City agrees not to vacate any public rights-of-way in which Eastern Iowa has its elactric utility transmission system without first reserving Eastern Iowa's rights necessary to allow Eastern Iowa to continue its use under this License Agraement. However, nothing in this License Agreement shall limit the City's right to raquire Eastern Iowa to relocate its electric utility distribution and transmission system, as provided in paragraph 7 above. ?d1 7 - ""'l." ".~ ---r-- .,,-.-- - .. ~.~-....". ""'~T_r- _~ .,-....JP'l -. ~....,.. < ._~~.'-~7'''~-: ,.:..':,' ":8'~ . ',': - :,.... : .' "'j ',', ';': ,', ,.~ -,~ 'I 1":41 . I' I I ",.', ,,' , :. 1~'!:: ;\:'':I:.l',. >.~, ",,:, . '.' :.::<., .,.. i',','.' :".1"1... ",\~, ,,!., ~ '"", I;', ""\ "/', . . " - .' " ,> ", . ~. 8 15. Notices In the case of an emergency, notices may be given verbally to the above-named persons, with written confirmation promptly to follow thereafter to ratify said action. 16. Non.asslgnabillty This License Agreement is assignable only upon written consent of the City. 17. Severability Parties agree that if any portion of this Agreement is found invalid, the remaining portions of the Agreement shall be deemed severable and remain in full force and effect. 18. Conflict of Laws Parties agree the laws of the State of Iowa shall apply to this Agreement. Dated this 29 th day of April .1993. EASTERN IOWA LIGHT & POWER COOPERATIVE, LICENSEE CITY OF IOWA CITY, IOWA, LICENSOR BY:,&~&~ ~tttte~M enn E. cCu oh. Pres ent By: Darrel G. Courtney, M or I Attast: .A,J-.Ji ~J. Robert L. Gerot, Secretary Attest: !77~MJ !( ..;!~ Mari K. Karr, City Clerk Approved by: ~~ 'iAn~W~~ Qity Attorney's Office ~~d' ~'7 T" J"" '>'," /,,"'}'l'I", <."",'" '''S1....'' ,"',,", ' ,', '.." ",' '-: ',', , ',' .,,, 'I~" '" /"" '", '" '", l' . ~ .\" \;! . t< I",' ,.1 I' i" \ \'. . \ . .' .'. .: ':'. . , . ~ , ~,L.. . l~L<\~", "i"-' '1, ~ ''0 ". ' ,f' j - \ 1 , , r'''' ,\,., \ 1 I I. '.', ~. - " ' 9 CITY ACKNOWLEDGEMENT STATE OF IOWA I ) ss: JOHNSON COUNTY ) . +~ On this II day of ~ ,19~,beforeme, Sondf'''~ I;".\- , ~ ~otary Public in and for the State of Iowa, personally appeared Darrel G. Courtney 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 (GffliftllflG&l (Resolution) No. 93 - II)') passed (the Resolution adopted) by the City Council, under Roll Call No. --------- of the City Council on the 1/ f~ day of IY\('~ ' 19~, and that Darrel G. Courtney and Marian K. Karr aCknowledge'o lhe execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) MUSCATINE ) ss: :d.ObI!lI8GIIl<CQUNTY ) S<rndr.c.J \="~ Notary Public in and for the State of Iowa On this 29th day of April , A.D. 19~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Glenn E. NcCulloh and Robert L. Gerot , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary ,respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, n:lJ~Il\IiI&P.I. tit; blic in and for said County and State 9~7 \~ ''.~ ,;;;:,' """'ll:!L"~~~'I:;tI,-"=~;t!"~"-""':c~:~ ,;" ,;' ",', ':-;'<'.' ~. '~, ~!.'!I" ..,':::<;,:\~,;Jt;:,., .;..(. :1~.:~ ' :'..: .:~--~~~>-~~~,-~}~~-;~~~~~ RESOLUTION NO. ~ V~ 0-1i- ~ RESOLUTION DIRECTING TRAFFIC ENGINEERING TO ERECT A SIGN SO AS TO PROHIBIT RIGHT TURNS ON RED FOR SOUTHBOUND TRAFFIC ON MORMON TREK BOULEVARD AT ITS INTERSECTION WITH MELROSE AVENUE. WHEREAS, the City Council has received comment from the pubilc regarding the potential for conflict between vehicles northbound on Mormon Trek Boulevard turning left with a protected green arrow onto Melrose Avenue and vehicles southbound on Mormon Trek Boulevard turning right on red onto Melrose Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Traffic Engineering Division Is hereby directed to instail a NO RIGHT TURN ON RED for southbound traffic on Mormon Trek Boulavard at Its intersection with Melrose Avenue. q(,v AYES: NAYS: x x X X x X Passed and approved this 11th I "; ""'J: ~".'" "", . ..~',' ,/ : : ," .,.'~'. > '.,,;,., :',:'1'" ',', ",' ';;',' ',-41\" "I.~I,: :1,1, ," ;'" ,'" ~:,' ,;' " :: ,:..~/:~/:::i,;.;f>.:..~~;'~: ..:',;\':~:'~,< .:'" ';"''''',:~,I\.,' ,i.:,. \~ rn1z; RESOLUTION NO. 93-108 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY94. WHEREAS, the City of Iowa City employs cartaln employaes referred to as Confidential, Administrative and Executive personnel; and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that ConfidentiaVAdminlstrative and Executiva employees shall raceive compensation as established by the FY94 ConfidentiaVAdmlnistrative and Executive Classification/Compensation Plans, as attached. It was moved by McDonald and seconded by Ambrisco adopted, and upon roli cali there were: the Resolution be ABSENT: Ambrlsco Courtney Horowitz Kubby McDonald Novick '.yO ;::~~~ ,19" ~41J~ MAYOR ~pprov~d by '-{ /./ (2(.b /lJ!t~sOAr City Vlttomey's Office .€jG /9:3 ATTEST: Yh()~U .J( ~~ CTrfCLERK conadmox,ros 'I" I t.. '" ,:,' -: ":~I" ":,:"":,'" ',,""1'" :', "',' , ..,,', ',',,", .' :1 ' ~ ,,(;,,; ,~ '.. , ' -- d .cr' ',~ t., ~ .' -,---'--,' ,',' '..' 'I" i'" I..,' /1-:..",., ,;...,,--~,'" ' " : , . . 't\ ",' ~~,; ':...:) ~~~.I._~_:..:~.-.I,.:-.J' ~~.-:- ,.',' ' ,', J,;' City of Iowa City MEMORANDUM Date: May 5, 1993 To: City Council From: City Manager Re: Administrative, Confidential and Executive Employee Pay Plan I I' I As you racall, we have recently completed a comprehensive classification study and salary survey conducted by an independent consultant for the employees represented in our administrative, confidential and executive pay group. There are 97 employees represented within this pay group and they ara unrepresented by collective bargaining agreements. Tha attached pay plan represents changes in classification as recommended by the consulting firm and followed a review by a panel of administrative, confidential and executive employees. This has been a lengthy and involved process and, we believe, provides for a compensation plan that is fair and equitable with respect to the appropriate pay grade assignment for employees in accordance with their work responsibilities and related job duties. This pay plan represents a four percent adjustment in the pay plan and would be in effect for the period beginning July 1, 1993.June 30, 1994. Additionally all administrative, confidential, and executive employees will pay $20 per month toward the cost of family plan health insurance premium. nllpl'{p11l'1 ~ q(,q I"," ", ,,' ',.'~I ":',-:-,',, "d': " ,:'; ~',';',,', '\' :" "I ''''''I'~''''l'l;;.,., ""~l",' '," "" .,'" .. , :..' '.' ~~:'h: "':':' ...>,~I~. ...,.~::.~'_ ,~>~:.~~~. ~_.~ ~_~ ,. ._~. . .;. ,_._\-'~,~ Job Titles Executive, Administrative & Confidential Positions FY94 PAY GRADE I JOBTITLE ----------------------------------- --------- ADM ASSISTANT TO CITY MANAGER 26 ADM SECRETARY/RECORDS SUPERVISOR 25 ADMINISTRATIVE CLERK/TYPIST 23 ADMINISTRATIVE SECRETARY 24 AIRPORT MANAGER 27 ANIMAL CONTROL SUPERVISOR 26 ASST CITY ATTORNEY 28 ASST CITY MANAGER 34 ASST FINANCE DIRECTOR 31 ASST LIBRARY DIRECTOR 31 ASST PCD DIRECTOR/JCCOG EX DIRECTOR 31 ASST SUPT - POLLUTION CONTROL 27 ASST SUPT - STREETS 27 ASST SUPT - WATER 27 BATTALION CHIEF 30 BUDGET MANAGEMENT ANALYST 26 CABLE TV ADMINISTRATOR 29 CITY ARCHITECT/ENERGY COORDINATOR ' 29 CITY ENGINEER 32 CODE ENFORCEMENT ASSISTANT 24 COMMUNITY DEVELOPMENT COORD 30 I CONTROLLER 29 \ CUSTOMER SERVICE MANAGER 28 1 . ~ DATA PROCESSING MANAGER 28 I I DEPUTY CITY CLERK 24 DOCUMENT SERVICES SUPERVISOR 27 I ! i J DOCUMENT SPECIALIST 23 I I I ! EQUIPMENT SHOP SUPERVISOR 26 I EQUIPMENT SUPERINTENDENT 29 i , , I f FINANCE DIRECTOR 34 I I FIRE CHIEF 33 , ! FIRST ASST CITY ATTORNEY 30 I FORESTER/HORTICULT 28 I HIS DIRECTOR 33 HOUSING ADMINISTRATOR 29 , i , HUMAN RIGHTS COORDINATOR 27 LEAD PROGRAMMER/ANALYST 26 LEGAL ASSISTANT 26 LIBRARY COORD - DEVELOPMENT 27 LIBRARY COORDINATOR 30 LIBRARY DIRECTOR 33 LICENSE SPECIALIST 23 OPERATIONS SPECIALIST 24 9' f ~'-~~fl""'>' ~'tl,i:, :<;:IJ. .,.,'. "~" ':', , ',:,', ,,":.: .~-~t=~o=;::::=_~ ~ " " ,)." ;~,' ,..' ",.I~ ' t." --- -~== ." '" :, ,::._.,'.\ ..,;.1 ~~I. r:, ~:'., 1, .I"-~ -'''''~~~-, ,~~-:~_~_!M~ " Job Titles Executive, Administrative & Confidential positions ' FY94 I :,i, JOBTITLE PAY GRADE ----------------------------------- --------- PARKING SYSTEMS SUPERINTENDENT 30 PARKS & RECREATION DIRECTOR 33 PARKS SUPERINTENDENT 29 PCD DIRECTOR 33 PERSONNEL ADMINISTRATOR 31 PERSONNEL ASSISTANT 25 PERSONNEL GENERALIST 26 PM RAMP MANAGER 27 POLICE CAPTAIN 31 POLICE CHIEF 34 POLICE LIEUTENANT 30 POLICE SERGEANT 29 POLLUTION CONTROL SUPERINTENDENT 30 PROGRAMMER/ANALYST 25 PUBLIC WORKS DIRECTOR 34 PURCHASING AGEN,T 28 RECREATION SUPERINTENDENT 31 SENIOR CENTER COORDINATOR 30 SENIOR PLANNER 30 SOLID WASTE SUPERINTENDENT 30 SR BUILDING INSPECTOR 29 SR ENGINEER 29 SR HOUSING INSPECTOR 29 SUPT OF STREETS & WATER DIST 30 SYSTEMS ANALYST 26 TRAFFIC ENGINEER 30 TRANSIT MANAGER 31 TRANSIT OPERATIONS SUPERVISOR 27 WATER SUPERINTENDENT 30 9tt;f I ,,', ,. '_,,' .1':,..:., '~. " ',' I '. "'.' 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'1 ' , ",' , :':. .t~",..":' :".~'" '~""..," I' .;, . . ,,0: :"" .:' \0 RESOLUTION NO. 93-109 RESOLUTION AMENDING THE BUDGETED POSiTIONS IN THE POLICE DEPARTMENT. WHEREAS, Resolution No. 93-54 adopted by the City Council on March 2, 1993, authorized permanent positions for FY94. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Police Department for FY94 be amended by the addition of one full-time Police Officer. It was moved by NcDonald and seconded by Ambri "CO adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ----L- Ambrisco ----L- Courtney X Horowitz --4-- Kubby -X..- McDonald ~ Novick Passed and approved this 11th day of Nay ,1993. ATTEST: fh,.,,,'AA,) k. c)GJJ\) cfTfCLER'K humanrel\policuu rn~~ '170 - ~,." ~ .. ....- ".. '~ ,...-.--- .. r ~.- --.-,- ~- -.....-,-'1'----y - - --..,- -~ 1\. .... ". :: .:' .~ '::/--'.:,::': :.:'~ .:' .~.t::{. .' " '.' ',: '.:" '~\ -"",./+"I~ 'il:O.l, 1m ", ,', ",' ;::'-'r'~~;;~-'~~;~"h <i~~'.< ,,~!~'I :",~:... ,"',',.'., .': :... " ":.' ':..r <.;' ":~ \0 City of Iowa City MEMORANDUM Date: May 6, 1993 To: City Council From: City Manager Ra: Department of Police - State Traffic Enforcement Grant The Police Department applied for a traffic safety grant through the Governor's Traffic Safety Bureeu. The specific purpose of the grant request was to finance three full-time police officers to create a formal traffic enforcement component within the department. Our request was for $105,000. The total funds available for traffic safety grants was $260,000 and the state received approximately $1.2 million for grant proposals. The City has been awarded a grant of $26,000. This would pay the salary for one police officer. I In the preparation of the grant the general activities to be covered by the new traffic enforcement unit would include increased training for selected officers for temporary assignment to a traffic unit, who would ultimately be rotated back into patrol division, intensified enforcement activities at selected high accident locations, educational programs such as a comprehensive public information campaign on traffic safety, public presentations, and more intensified traffic enforcement activities. While our original objective called for the three officers, with the eward we will need to modify the full extent of our traffic enforcement activities. However, we do believe that with the addition of one officer we will be able to undertake and improve our traffic enforcement activities. On your Council agenda is a resolution which would approve one additional officer position within the department to be financed primarily from the traffic safety grant. This grant is to run for a three year period. Given the tenuous financial circumstances effecting Iowa cities and the unknowns associeted with further gubernatorial and/or legislative restrictions, we must approach this program with some caution, It is our recommendation that we proceed with the acceptance of the grant q70 1 I ",: "'I "~l ""9- " t'-,' , ,', ,,',"'" '.. ~"-:, ~<'..'-,~l~~.:' ~'''~.' l';: .: .::: ,~..>r:: ,\,' ',::,-,:", "":I"~'::"'~ : "'11.~' .: \I~.: ,\"~~; ~~~~.\'" ._~:-:..~~;:.~~-,,:r;..:;~'~-; 2 and the hiring of one additional police officer. If the property tax freeze end any other restrictions were to occur, we would need to monitor our complement of police personnel and thereby make reductions accordingly, preferably by way of attrition. We believe these circumstances to be attainable given the turnover within our department and the three year commitment by the state concerning this grant. b~grllll . q'10