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HomeMy WebLinkAbout1993-08-03 Resolution 1I/IIIIIIf!f""r ~.,. --.", ---...-..,.., ----...... ~ ;'...... ---- --- -----q([lIIt'~-----...- r. ~'.,'':'' .1 :' -7 - . I ---~ - ~ . , "'r / " ./ I '. ,,! ' I~'" ,.., .' . , ,- 'I , . . . I' . I \ . ....,.' ., L. .:. _. .. ,_ I"'- '.. ....- f~~O ') ; , 1 / .' /;', \, \ . ........-..---~ RESOLUTION NO. 0,-1 P9 RESOLUTION TO ISSUE DANCING PERMIT -.--. m+'j II BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY. IOWA. that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application. having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor. or wine license/permit. to wit: Iowa City Fall Fun Festival - 2150 Rochester Avenue It was moved by AmbriRco, and seconded by as read be adopted, and upon roll call there were: ~lo1risl~ AYES: NAYS: ABSENT: ..:L.- -L- ~ X Jr.-- oX- x Passed and approved this 1rrl d"~'19>L MAYOR ATTEST: ~~~ -f. ~A) CIT CLERK ' ' \dancuprm.raa """./...: ""~;'_--""-"---'-;~':-'''':''''''''''"' . \\: that the Resolution ! I I , , , i " , Ii , Ii, " :I Ii I' Ii' , , I" I I' ii '. .1 fi " , I: " 1 " I I J 'I. I \ , " , Ambrisco Cou(tney Horowitz Kubby 1'i~ott McDonald Novick I I I J i I I I I~~~! [I ; , I I, ' I .. I:'''.; \; \\\\ ~tJ~ ---~ -'... ...- ... .. ~. ...- --- - , ,. '. i . '. t-I' ',> I' -,-I' '/J''- ' " . , -," , I . " " , , , I'" ,.' .~. -.,' -. ~ . , / I ;', \ ,. 1 I ,'1' -'- "-. --- -- ---'-" --'-. RESOLUTION NO. RESOLUTION TO ISSUE CIGARE'ITE PERMITS fI1J5 93-200 \~REAS, the following firms and persons have made application and paid the IllUlct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY TIlE CI'IY COUNCIL OF IQlqA CI'IY I IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Country Kitchen - 2208 N. Dodge Street It was moved by ~ and seconded by ~oVick that the Resolution as read be adop~ and upon roll call t ere were: 1993 . i I I I I ul~~3.1 ."........-..... ....~..~....,.,..,'~~_..."'... '""'"'''' . ..., '....... --, .. - i. I, I I: I II: 1'\ i n- " Ii J:: ,"i . Ii :I I, I I' ,f, , '! ,..-." ....,....- I;' il 0, , .; . ' " c.~) ~\ ~"'''...'.,r:.....';'''.'' ..".~._"''''- -. ~.~ -'.-....- -, - - ~. ...-- ,. ~ . . ': ' . ' ~':"'I'" ',/, I ""1-:")' f;-t " ",;' ,.' . ~....' '~" t .' ":...... J-, ,~. '.'~ .' ',".'. , '. ' / I I" 0, \ , I :~. .........---- -. -.-'-" .-- ()H~ RESOLUTION NO. 93-201 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR PEPPERWOOD ADDITION, PARTS 10 AND 11. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sawer, storm sewer, and water main improvements for Pepperwood Addition, Parts 10 and 11, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Pepparwood Addition, Parts 10 and 11, as construct- ed by Metro Pavars, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements ba hereby accepted by the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by adoptad, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: ~ Ambrisco X Courtney X Horowitz X- Kubby X- McDonald -L- Novick ...L- Pigott Passed and approved this 3rd day of August ,1993. ATTEST:~M).,f Id..J IT CLERK g~ ~~4 C ty Attorney's Office Ji< t;lf3 PWIIlQ\p.pptrwd"u '-', '.. ",';..-.,-",., I~~q : ""',,;; ! j : 0 ! , " , i i ! i I " , I:; ! I;' d i , i : Ii II i It i 'I I , I' . Ii , ,I , 'F , , I " ,; \i - i " , , I ii , I ," , fi :1 I :, :r,_ , I!' :j I> f IIJ I. " I.; ii , ; I .;~ I, :/J, " ':"1 i /, " ': I \,.j, ,', -..rry .... --.......:J----.;.;.--;-----".,......... ~ .t,'....... - }~~) " I I i I \ '; tT~-:r;~-~,T'-,~---,-~'-. : l. _. . .', . . "',' "', ," ..... l "~I, " ,. <::':::,,:,-~::.::.-.. --'-.....-. " I ---..--. ~,&.. CITY OF IOWA CITY ENGINEER'S REPORT July 28, 1993 Honorable Mayor and City Council Iowa City, Iowa Re: Pepperwood Addition, Parts 10 and 11 Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Pepperwood Addition, Parts 10 and 11, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewar, storm sewer, and watar main improvements constructed by Maxwell Construction Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above.referenced improvements be accepted by the City of Iowa City. Sincerely, /JrlI4r~ Richard A. Fosse, P.E. City Engineer bt'ptpptlwd,., 410 EAST WASlIlNOTON STREET' IOWA CITY, IOWA "240.1126 '(lI9) 356.S000. FAX (319) "'.S009 IS~' I .. -.~. ~-'''<~'''_'.......<J ....~-....:...',J,I:"..'.'....-.,,',,:.:..,I.,',~.-.. . "'-:". .','. ...... ;;1 !l , , i' II;" :1 \ \ III 1:1 i ,r Ii " Ii '1 :1 ,'I. , \, t'" " : ! I" , I;:' I' ,II .., '; " "~ i, Ii-, ,:! I I: , ,I II " I :1 ! il , i i' I; , ,i ; '( ., I , ';",1 ~". ~ ~ i ~,S l~) "..~. ......" '"',.-'"'.".~-" "." '1~~ ._~.... ~ ..-'........ --- ---~~ ...-- ----- -f" ... ~ -' ....~..,~ . T ..... \ I ' ,-' ',', ,...:, '..,', ''';'t ' ," ," ',' . , ' .~ I ../ I, ",' ,-1.., .. I. .,,:' . ",' . ,.' ," . ,_. .' . .".~" '. / ,', '\ 1 { -, --'._," ".-- ill+:; RESOLUTION NO. 93-202 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVEMENTS FOR PARK WEST SUBDIVISION, PART TWO. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Park West Subdivision, Part Two, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. .' Paving improvements for Park West Subdivision, Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by AmhTi .en and seconded by adopted, and upon roll call there were: Nmd "" the Resolution be AYES: NAYS: ABSENT: X --X....-. Ambrisco Courtney Horowitz Kubby McDonald Novick Pigott x ----X- ----X- ....!..- X Passed and approved this ~Trl ATTEST: /};",.;:.",) -.f Ji,A) CiTfCtERit pwenglpll'kwllt.,u J55bl '- - " . "91 i , , ! . , I , I i II ! \ i 'I I II , I " II, I Ii I' ,I !- I Ii I I,' -I . 'j'. I ,', I i,' I j': " '.1 1 " I i " ! I I 1 i II , . J, . "'., -- ;j " , I, I I I I ';,'i' "'. 'i, I,: ",'I I I ~'\ }~ ,.. ('.: > :C/"',,; i '" ",-,,: ',,::j',' " ":." ", , ' I I' I). " " ~ ' _. " ,',' ,- '-",. (-- . ': " t .... / Vj >~::_~:-'~~-.. . ....-----...---...- --.- .- ~&.. CITY OF IOWA CITY ENGINEER'S REPORT July 28, 1993 Honorable Mayor and City Council Iowa City, Iowa Re: Park West Subdivision, Part Two Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Park West Subdivision, Part Two, have been completed in substential accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above.referenced improvements be accepted by the City of lowe City. Sincerely, ;Jj41J~~ Richard A. Fosse, P.E. City Engineer bj\pllkwut,1t 4'0 EAST WASIIINOTON STREET' IOWA CITY, IOWA sn.u.IIH. (3191 JS6.5000. fAX Il19) JH.5009 JS~~ '_".;,;..,'"..(,',;.L'>J,'.-;,',.'.I..:,\"...;""_'~'--- I , I I ,I. ,I 'I ! i " , :: , i, . I I I i I I I I I , I I r I, " II III II II i' i' Ii , , 'I I I . ,I: ,1 If ,,' , oc...,.,... ..",.". _ "-"1--' ~-- '-& --I --.~ -- --........ ill _.' .... --- - -'f - I" - -----:-------;-~ - " ' , , ' ~'. '. t I, .1' I" .,-1", ,Lt ' . :, 1-.' '; . _. '" .' 1 '. ~l ... '. .' -, ',' '" :'~ . / , . , 1 .... '''--" -"- ---.~ .- ffiJ.z (tX3) RESOLUTiON NO. 93-203 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND HILLS BANK & TRUST CO. FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City Is the owner and holder of a certain Rental Rehabilitation Loan executed by the owner of the property located at 1503 Rochester Avenue on June 4, 1993, and recorded June 9, 1993,In Book 1557, Pages 302-316 In the Johnson County Recorder's Office covering the following described real estate: See Exhibit "A" and WHEREAS, Hills Bank and Trust, Co, holds a first mortgage on the above-described property; and , f: I ,., WHEREAS, It Is necessary that the rehabilitation loan held by the City be subordinated to the lien of the proposed mortgage In order to Induce Hills Bank & Trust to make such a loan; and WHEREAS, Hills Bank & Trust has requested that the City execute the attached subordination agreement thereby making said rehabilitation lien held by the City subordinate to the lien of said mortgage to Hills Bank & Trust; and WHEREAS, there Is sufficient value In the above-described real estate to secure said rehabilitation loan as a third lien; and i II; i 'i ' i 'i) ii ir I' I; 1'1 !'; 't' 'I,! j , I I WHEREAS, the City holds a second mortgage on the property as security for Its Rental Rehabilitation Loan; and WHEREAS, the current balance of said loan Is $32,600; and WHEREAS, Hills Bank and Trust, Johnson County, Iowa, proposes to loan an additional $6,000 on a promissory note to be executed by the owner of 1503 Rochester Ave., securing a mortgage covering the real property described above; and , I . " . t, o ,{. WHEREAS, Hills Bank & Trust has requested the City to waive Its $150,00 subordination fee. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It Is In the public Interest to waive the $t 50.00 subordination fee for the Subordination Agreement between Hills Bank & Trust Co. and the City of Iowa City for property located at 1503 Rochester Avenue, 2, The City hereby waives the $150,00 subordination fee. 3. The Mayor Is authorized to execute and the City Clerk to attest the Subordination Agreement between the City of Iowa City and Hills Bank & Trust of Iowa City, Johnson County, Iowa, I 1~5J ;'; " , " , I i , I, i \ , \" .\'1 - '1 _I' ~..... '.' .'., -,' ,~-/' -' .:"'", I' ,': :,-" ':' !~:' , ' .~' ," " ", 1:1" ,~, ".':.V. : ,:. "-'".' " '.' \.". ", ',.-:,' '. f c.', ' / I 1.'\ /~l J,' ~:::::_~.:.~'-::.:::.:.:-.--- --.~ Resolution No, 93-203 Page 2 It was moved by Ambrisco and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: ...L- x Ambrlsco Courtney x Horowitz Kubby McDonald Novick Pigott ---x- --X- -X- ....lL- Passed and approved this 3rd day of August , 1992, ~ Approved by ATrEST:~A/:"A.i) .,f. ~.IA) CI CLERK y; City Attorney's Office ---'-' ---. $Jl - f?~.5- '73 ppdreheb\1503roch.res I>.....,,:;..~ ,.-.., ,,;. '~,' ,.,.".;.......... .......,..' "". "d.' 155/ II ;\ I I " I I I \ I II il .1 I)" I); ii I',;' ~ i . t " Ii, :r' ~ 'I "J, I :11" I ',," ,J 0,'\ " !,' " I' , , , " 'j I "~" " .. ,'~~~ I , '/ " .' " 'I'" \ 0 ". -' , I " . t-, 'I -,' I .' . ,,', - I' ---:--' , ',.1 /.. -_l,;,;, ' , . '-"',V~--~~ '.:, _. ", ,'.- ~",., . , , / .1,\ .t . , " - -~- --, EXHIBIT "A" Beginning at a point which Is 1772 feet East and 33 feet South of the Northwest corner of the SW 1/4 of Sec. 11, Twp. 79 N., R. 6 West of the 5th P.M.; thence South 130 feeti thence East 55 feet: thence North 130 feetj thence West 55 feet to the place or beginning, The grantees are hereby granted the right, easement and privilege to use the following described property for the purpose of access to the West side af the property herein conveyed: Beginning at the above described point of beginningj thence South 130 feet: thence West 40 feetj thence ' North 130 feet; thence East qO feet to the point of beginning. This easement for access is so granted until such time in the future as the last described property may be dedicated 'for pu~icstreet purposes" at which time this private easement shall cease and be terminated in favor of the Public Street. The grantees have the right and privilege to connect a septic tank outlet to the existing tile line which extends easterly in a line approximately 30 feet North of the South line of the tract herein conveyed. ' ..- '., .,_..... "'''V'~ ",'- ' -' I' i I j; J' I!i 'I I! '1'1: " 'I I: II Iii: I' li"I' li1 , r; i 'I lj i 'j; ,,"/ ' , " I I' ' , ' , !. " ,I , l551 ': f)~ ..- . , " , ' " , J h___"'_",__" I '_' 'f:-f' "'I'" n :, ,:-1 ' . ",I', ,', , ' '. . t I U . , " .:, ~'.' :-~. .' ',~." " ',__' .' -'. . ,"' I'" , , " RESOLUTION NO, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND HILLS BANK & TRUST CO. FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE,IOWA CITY, IOWA. WHEREAS, the City of Iowa City Is the owner and holder of a certain Rental Rehabilitation Loan executed by the owner of the property located at 1503 Rochester Ave9~e on June 4, 1993, and recorded June 9, 1~:3, In Book 1557, Pages 302-316 In the Johnson County Recorder's Office covering the fOIlOW\9 described real estate: See Exhibit "A' and WHEREAS, Hills Bank an ge on the above-described property; and WHEREAS, the City holds second mortgage n the property as security for Its Rental Rehabilitation Loan; and WHEREAS, Hills Bank and Trust, hnson ounty, Iowa, proposes to loan an additional $6,000 on a promissory note to be execute by t e owner of 1503 Rochester Ave" securing a mortgage covering the real property described ve; and WHEREAS,lt Is necessary that the re a IItatlon loan held by the City be subordinated to the lien of the proposed mortgage In ordey 0 In uce Hills Bank & Trust to make such a loan; and WHEREAS, Hills Bank & Trust 9's request that the City execute the attached subordination , agreement thereby making salll rehabilitation en held by the City subordinate to the lien of said mortgage to Hills Bank & Trust; and WHEREAS, there Is sufflcle t value In the above-de crlbed real estate to secure said rehabilitation , loan as a third lien, NOW, THEREFORE, ~ IT RESOLVED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor Is authorized to execute and e City Clerk to attest the allached I subordination agre~ment between the City of Iowa City nd Hills Bank & Trust of Iowa City, Johnson County, Iowa, I / It was moved by and seconded by adopted, and upon roll call there were: ~YES: NAYS: I- i ! I I I ABSENT: the Resolution be Am Isco Cou ey Horowl Kubby McDonald Novick Pigott J5S1 ; I , : ! i I i I II If. i. I I, I: , I: t :1 1': II I' ", I, \1 i I I I I , I I I,' ji j' I.; d , .i.,. ,'! i " - ".I ',i. " i\! " .: ",' ;' ," " , , :'" fl.' ',.-:} , J :.Fl. '. \',' " , ., ._" M .....; ," ,~. '.' -.1. / / f,--\ " , , ( -'- -~-. ......-.---.......... " Resolution No, Page 2 I I I i I /' ',." Passed and approved this day of MAYOR ATIEST: CITY CLERK yf}cwh.-IA~~ $~ City Attorney's Office i , , I , i Ii II \ 11 ii 'II' ii 'I" il -~ ,r. 'i'll: 11 ",:, I,' 12 " I ppdrehab\l503roch,res :.,,' Ii . ..........."',.,,,"',~~.-,_..........- 155/ . p... ,. "'~" ,.:. "., ....... .-." \1. i , , " .' : ..,"t'~/'" '/'I ,"i-,....,':",,'.o~~~ , '.~~ ,L8JJ " . ",' ~- ,. .".Jo. ."., . ,. """ -, -. . I" '. '. Beginning at a point hich is 177 feet East and 33 feet South of the Northwest corner of the SW 1/4 f Sec. 11,/ wp. 79 N., R. 6 West of the 5th P.M.; thence South 130 feeti thence East 55 f at; thence North 130 feet; thence West 55 feet to the place OT beginn~ g. The grantees are hereby granted the right, easement and privilege to use the fo lowing described property for the purpose of access to the West side of the prope ty he ein conveyed: Beginning at the above described point of beginningj thence Sout 130 feet; thence West 40 feetj thence ' North 130 feet; thence East qO feet o~Ke point of beginning. This easement for access is so granted until such time 1 the future as the last described property may be dedicated for public street pur ses" at which time this private easement shall cease and be terminated in favp of the Public Street. The grantees have the right and priVilege to connect ptic tank outlet to the existing tile line which extends easterly in a line a pro imately 30 feet North of the South line of the tract herein conveyed. / / I> "'1 ,I. i . '-- - __"n-._ "V" . '1~~" I '/ ' ,. -.....~. -'~..' '", '.', -.-'-" -.. ~ EXHIBIT "A" i \ I r'll: I, " l~, II' i' I (: i'i \1 I I " i , I I " I : /' Ii /55/ " . .. .. ... ~.~ _ _..,... _ _. '- _" . ~ _" _ _ ,-'_ _ __',- -- l.~'--'"" .' I ' .;.. , -" - ~', ," , ' "tl I ti It " '" /' ' , .. ., '.' ., , ".. ":' ,,' , t,.' " '.",:", .: '_~, - 'I . ' '\ 1_' " r--. " " '\. ". " . ' " SUBORDINATION AGREEMENT THIS AGREEMENT !!.- made by and between the City of 10w~,Clty, herein the City, and /~,II~ &,,"~. (,,,.t (0, ot ;lw. (/,1', herein the Financial Institution. WHEREAS, the City Is the owner an holder of a certain rehabllltatlo oan which at this time Is In the amount ot $ d was executed by nu: j ,(~ (herein the Own r), dated 19-, recorded . 19 In Book,...:..:...., P ge ~ Johnson County Recorder's Office, covering the followl g.described real prope : Beginning at a point which is 1772 feet t and 33 feet S th of the Northwest comer of the SW 1/4 of See. il, Twp. 79 N., R. 6 W t of the 5th P.M.; thence South 130 feel; lh~IICll East 55 feet; thence North 130 feet; thence We t 55 feet to t place of beginning. The grantees are hereby granted the right, easement and pri ilege to us the following described property for the' purpose of access to the West side of the roperty erein conveyed: Beginning at the above described point of beginning; thence South 1 0 fee , thence West 40 feet; thence North 130 feet; thence East 40 feet to the point of beginning. T s easement for access is so granted until such time in the future as the last described prope may be dedicated for public street purposes, at which time this private easement shall ceas d be terminated in favor of the Public Street. The grantees have the right and privilege t co neet a septic tank outlet to the existing tile line which extends easterly in a line approxim ely 3 feet North of the South line of the tract herein conveyed. . . ~ Ii Ii " I}' , P I, " I I: i," 1:1 r; " I ! I , ,! 1\ II 'i , WHEREAS, the Financial Instil on proposes to oan the sum of $ t. ace on a promissory note to be execute by the Financial Ins ltutlon and the Owner, securing a mortgage covering the real property de crlbed above; and WHEREAS, to Induce th Financial Institution to m ke such loan, It Is necessary that the rehabilitation loan held 9Y the City be subordinated to e lien of, the mortgage proposed to be made by the FlnanClal)nStllUtion. NO~, THEREFORe/!n consideration of the mutual coven Is and promises of the parties hereto, the parties agree as follows: I ' 1. Subordl9atlon. The City hereby covenants and agre with the Flnanclallnstllutlon that the above noted rehabilitation loan held by the City Is an shall continue 10 be subject and subordlhate to the lien of the mortgage about to be ma by the Flnanclallnstllutlon. 2. coni deration. The City acknowledges receipt from the Financial Institution of One , HU2~,red and Fifty Dollars ($150.00) and other good and valu 91e consideration for Its act of e.bOrdlnatlon herein. ' 3. Senior Mortgage. The mortgage In favor of the Financial Institution Is hereby acknowledged as a lien superior to the rehabilitation loan of the City. ,\ /551 : '\'.! "-..,..,-~.._.._...-,.._, ~... ~ ..-'........- ~.... -.....----~f".... ....-;-_.- . . , . \ I" L-/' " I : f; I ' :I t ',' , '" ", ' ",: ' ;' .: ~ L" <. g, .,'.,~ ' ',..", .. " " '1 I ---..... .... SUBORDINATION AGREEMENT Page 2 "- 4. Binding Effect. This agreement shall be binding upon and Inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the partle~"'ereto. Dated this day of CITY OF IOWA CITY B~ B~ Mayor .-" Attest: 7 " City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this day of 1991, before me, the undersigned, a Notal)' Public In and for the State of Iowa, erso ally appeared and Marian K. Karr, to me personally Mown, d, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respe;:&vely, of e City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument Is the corporate seal '0 the corporation, and that the Instrument was signed and sealed on behalf of the' corporation, by authority of Its City Council, as contained In (Ordinance) (Resolution) ,( assed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of , 19 . and that and Marian K. Karr acknowledged thelexecutlon of the Inst ent to be their voluntary act and deed and the voluntary act and dee of the corporation, by I voluntarily executed. Not Public In and for the State of Iowa STATE OF 10 A ) 7 )SS: JOHNSON COUNTY ) On this t6th day of July undersigned, a Notary Public In and ror the steve 2Ordon and Tim D. Finer . A.D. 19 93 , before me, the State of Iowa, personally appeared , to me personally known, who 155/ ; , , ; I . , . !i II: II . I: !: , . ji. I:: l t' 'I Ii 1:1,: Ii I. i \ \ Ii , Ii, , I. i I i I 1 'i ! i! " r i , ",1 , , \\.' ',j ~ , , " ' , , . , . ' , - '-t ' , .,.: . f"1 '" ,/ I, ~-4 ,-;'-~,' : '. '..., 'l. ~ "1. ',b, II"'" , I., / J~> \1 , , 'r '--- ----.., j . SUBORDINATION AGREEMENT Page 3 being by 'me duly sworn, did say that they are the Second Vice President and Vi ce Pre.i d.nt . respectively, of said corporation executing the within and foregoing Instrument to which this Is attached, that said Instrument was signed and sealed on behalf of said corporation by authority of Its Board of Directors; and that the saId steve C,ordon -. and Tim D. Finer as.such officers acJmowledged the execuU~n of said Instrument to be the VOluntary, act and deed O;ZSald corp ration, by It and by , thelOvoluntarfly executed. , ea1d1 .d~-~~~ Notary Public In d for t State of Iowa . Commission E ires: 9/29/95 n'Olg'oublUlJ..agm ! / , ,. / .......H~..,~.'"".".~,..... ......_., ,. '.U.,._".. _ _. 155/ , , , I , , " I' 1,; \ I! 'I I, ,I I I. Ij' " " I~, " Ii! Ii " iil'~' ;,~ , ,,- i,1 ': " , I I, ,I,: J . Ii . ii, " J I' " 1:,.;1". I ,- t " , , \\: " :~\~) ..~....-... r' -"', ~r:' ,-t ' '.,..,' · ,'", - , t I ' :' I . . t-:r . :"~v.' , ' '<',' I " ~ '. -.. .~' '- " ,....- . '." I / i.\ " L, , , --..---- ml9 RESOLUTION NO. 93-204 RESOLUTION AUTHORIZING THE MAYOR TO SIGr~ AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT 415~ BOWERY STREET, IOWA CITY, IOWA. WHEREAS, on December 12, 1989, the property owners of 415 * Bowery Street, Iowa City, Iowa, executed a Promissory Note in the amount of $735.00 in axchange for a low.lnterest loan; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the be lance due under the promissory note was paid in full on July 12, 1993. 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 property located at 415 ~ Bowery Street, Iowa City, lowe, from an obligation of the property owners to pay to the City the principal amount of $735.00, which obllgetion was represented by a Promissory Note recorded in Book 1100, Page 104 of the Johnson County Racorder's Office. It was moved by Ambrisco and seconded by Novick adoptad, and upon roll call there wera: the Resolution be AYES: NAYS: ABSENT: ---1L ---1L Ambrisco Courtney X Horowitz Kubby McDonald Novick Pigott X -l\- -l\- -X- Passad and approved this 3rd day of August ~ Approved by .JYlCWJh... City Attorney's Offic ,1993. ATTEST: .~A"'~...J -i ~A) CIT CLERK ;j?iJl.-- 7 - ~9-'lJ ppd,thtbI41ebowltV,1I1 ISSJ. 'II',", , : I \ Ii Ii - if. i' I) II I: ,. Ii: I: I i , I, ,! I [, I! I Ii II ,J.', I Ii I , ;,1 'ftIII""" ._~--,. -~-- ~ "'-'...... -~""""..........--- ---f".... ~~- .,.. ~ ~-;---- . " . ( '" t~1 "I" t"::"/ 1ft. ' " ' , . ,,',' .1'" t.., ,.' , .,'. ",;:, '.,',~. : "1' . ::'.-"~l .... ' ,I .':.,. ",:'' ',' / ''1 RELEASE OF LIEN The City of Iowa City does hereby release the property loceted at 415 ~ Bowery Street, lowe City, lowe, legally described es follows: The South Forty.six (46) feet of the east half of the east helf of Lot Seven (7) in Block Two (21, Lyons Addition to lowe City, Iowa, according to the plat thereof recorded in Book 12, page lBB, deed recor,ds of Johnson County, Iowa, subject to and including the right to use in common with the owners of the West half of the East half of said Lots 7 and B with the owner to the North 74 feet of the East half of the Eest helf of said Lots 7 and 8, a driveway 6 ~ feet wide, as described, and in accordance with Agreements recorded in Book 91, page 338, Deed Records of Johnson County, Iowa, from an obligation of the property owners of 415 ~ Bowery Street to the City of Iowa City in the principal amount of $735.00 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on January 12, 1990, in Book 1100, Page 104. This obligation has been setisfied 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. By' Attest: ~~A.I~A.') -/ -!i,u) City lerk' Approved by: ~~ City Attorney's Ollic STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this L day of.h..&.c.I-- , 19--1L-, before me, So,J,.", ~,..r , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney end Marian K. Karr, to me personelly known, and, who, being by me duly sworn, did say that they are the Meyor and City Clerk, respectively, of the City 01 Iowa City, Iowa; that the saal affixed to the furegoing instrument is the corporalli 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 (QrOO\ance) (Resolution) No. '13~2f>J/ passed (the Resolution adopted) by the City Council, under Roll Call No, ---- of the City Council on the 3d:. day of A.~ ,1912.-, and that Darrel G. Courtney and Marian K, Karr acknow~ execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ tllflJ Notary Public in and for the State of Iowa p"l<ohob\41Ibow"'l,I~ 155' i ! . : ~ ,I III i I[ ~ : j I i: I:' I .' I' I: I, I I , I i. I " I I , ! I I I ~~ -'------------- 11 I' II , I I I , i II jl " i I: ... . ,.. i' " i 'I I 'l d """,. - - ~~) ~ '1 -~-- . ::' "~~l" '..' r t'-)~' - ,-- -.~',-: --.-:-~.-~ - . .: . I I~. ". _ ~. ~__"'. , . / / J;., '-, mJ9 RESOLUTION NO. 93-7.05 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST RELEASES OF LIENS FOR PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA. WHEREAS. on December 29. 1986. the property owner of 416 South Dodge Street executed an Agreement for Use of Community Developmant Block Grant (CDBG) Funds in the amount of $13.000.00; and WHEREAS. on July 27. 1988. the property owner executed a Promissory Notel10-year Depreciating Lien in the emount of $22.000; and WHEREAS. on June 26.1991. the owner executed a Rehabilitation Agreement. Promissory Note and Mortgage in the amount of $14.000; and WHEREAS. said Agreement. Notes and Mortgage created liens against the subject property totalling $49.000; and WHEREAS. the balance due under all loan instruments was paid in full on July 19. 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 Clerk to attest the attached Releases for recordation. whereby the City does release the property located at 416 South Dodge Street. Iowa City. Iowa, from an obligation of the property owner to pay to the City the principal amount of $49.000.00, which obligations were recorded In Book 931. Pages 1-7. Book 1026, Pages 470-473, and Book 126. Pages 157-164 of the Johnson County Recorder's Office. It was moved by Ambrisco and seconded by adopted, and upon roll call there ware: the Resolution be Novick AYES: NAYS: ABSENT: -X- -L Ambrlsco Courtney X Horowitz Kubby McDonald Novick Pigott x -X-- ....1L- -X- Passed and approved this 3rd day of August . 1993, ~ Approved by {'()~ 1/1:i lJ1.---- City Attorney's Office 7 - ;;J.'l- 9-.3 ATTEST: 7\.~-1! ~) CITY ERK ppdllhlll141ldodguII 1653 ii , I I I \ I I ! i !: r \ I' i.( il: I' ',; i: J , ; I i I " , i: I j',',l,' I' ! " ,II, " .., " I I I I , i !~ ii ! . ""'If"'. ----- - t-,", ""'-----..-._-~...... ~ ..-'.....- '" : -~t-I'-- : '~"'I'~' t~' , , ":1''1' ". ' , .' ~, " -', ,':: ~ . - . . . " . ,,', . , - , '':, '-. " - - ,....~ . , , ." " " , --"'.:'--'- RELEASE OF AGREEMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT ICDBG) FUNDS The City of lowe City does hereby releese the property located at 416 S. Dodge Street, Iowa City, Iowa, legally described as follows: Part of the Northeast Quarter of Section 16, Township 79 North, Range 6 West of the 6th P.M. as follows: Beginning on the east side of Dodge Street at a point 220 feet south of the southwest corner of Out Lot 28, in Iowa City, Iowa, according to the recorded plat thareof, running thence east 169 feet, thence south 60 feet, thence west 169 feet to the east line of Dodge Street, thence north 60 feet to the place of beginning, from an obligation of the property owner to the City of Iowa City, Iowa, in the principal amount of $13,000 represented by an Agreement for Use of Community Development Block Grant (CDBG) Funds recorded In the Office of the Johnson County Recorder on April 16, 1987, in Book 931, Pages 1.7. This obligation has been satisfiad and the property is hereby released, in full, from any liens or clouds upon the title to the above property by reason of said prior recordad documents. By: Darrel G. Courtney, Ma or Attest: ~/U) C/(. I(~ City Clerk Approved By y()o.)_4j~<j ~;r(l-- City Attomey's 0 ce'7_:lq -'13 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this j.c!- day of h\l~ , 19jL, before me, .sordr..1!. h.-X-- , a Notary Public in and for the State of Iowa, personally eppeared 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 effixed to the foregoing instrument Is the corporate seal of the corporation, end that the Instrument was signed and sealed on behelf of the corporation, by authority of its City Council, as contained In (OrdinaAll8) (Resolution) No. 93_ 205 passed (the Rasolutlon adopted) by the City Council, under Roll Call No, """"-- of the City Council on the _~d day of 7'"~~ , 19..1L, and that Darrel G. Courtnay and Marian K. Karr acknowledgea the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executad. ~lL h,..b.- Notary Public in and for the State of Iowa P9dfol1obI411d0<\11,,~ /553 -- , , \ I: Ii " . II 1:,: iF b (, 1\ F " - , I:' l ~ I' i i " J I I II Ij , '" i " -fl'" ...... - '1----...- ._~.... l..alI.. -, - ........ -- III 111.,,'" . - , , ( , -" ,-', - " - .: .: .~ 'I "./ I" tl' "/ t ,..' .' : "" . ,[ . .' 1 18 I V .:. ~:-~.....-'-+- ,'., '__'__...,~___.__'r.~_ . , _ . \ ' // . " ,I" RELEASE OF LIEN The City of Iowa City does hereby release the property loceted at 416 S. Dodge Street, Iowa City, Iowa, legally described as follows: Part of the northeast quarter of Section 15, Township 79 North, Range 6 West of the 6th P.M. as follows: Beginning on the east side of Dodge Street at a point 220 feet south of the southwest corner of Out Lot 28, In Iowa City, Iowa, according to the recorded plat theraof, running thence east 169 feet, thence south 60 feet, thence west 169 feet to the east line of Dodge Street, thence north 50 feet to the place of beginning, from an obligation of the property owner to tha City of Iowa City, Iowa, in the principal amount of $14,000 represented by a Rehabilitation Agreement, Promissory Note and Mortgage recorded in the Office of the Johnson County Recorder on August 2, 1991, in Book 1263, peges 167-164. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon the title to the above property by reason of said prior recorded documents. By: Attest: lI'f!..A./AAI) -.J!. ..I!w) City Clerk ' Approved By ~ tJ~,1n-- City Attomey's 0 ce N.9-'13 ) ) ss: JOHNSON COUNTY ) Onthis .3 r~ dayof ~Juo:k ,19~, before me, ~rltoL. ~M- , a Notery 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 ssal 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 (Ordinanoe) (Resolution) No. q,s- 2DS passed (the Rasolution adfPtedl by tha C~y Council, under Roll Call No. -- of tha City Council on the .3 <.::: day of -B.~~ , 19jL, and that Derrel G. Courtney and Marian K. Karr acknowladged" the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily executad. STATE OF IOWA SIlV\Jw. ~ Notary Public In and for the State of Iowa ppdtoh..\41!dodo2,,~ /653 ........ ,..,. ......... .. 1. : , i : . ; " \ I I, " I I: Ii " i i ;: ii' I i: " , " :i , I f: : i I ;" (; I.- Iii I., , , I' II I' j I:, I I I; I Ii I : i' , I. I, I r:,. 1-' 1,-:-/,,' .:t. l"".'~t I' " /:J:. ',." " ~ :''- '_, '_~__"""""'_~ ----'-- ~r~r_ -. n~--.. . ,,~, -.-, '~." ~ _" " . _. ~ ' ., . ,I' . , . ' ,'. '1 \. RELEASE OF LIEN The City of lowe City does hereby release the property located at 416 S. Dodge Street, Iowa City, lowe, legally described as follows: Part of the Northaast Quarter of Saction 15, Township 79 North, Ranga 6 West of the 5th P.M. as follows: Baginning on tha aast side of Dodga Street at a point 220 feet south of the southwest corner of Out Lot 28, in Iowa City,lowa, according to the recorded plat theraof, running thance aast 159 fa at, thence south 50 feet, thence west 159 feet to the east line of Dodge Street, thencB north 50 feet to the place of baginning, from an obligation of the property owner to tha City of Iowa City, Iowa, in the principal amount of $22,000 represented by Promissory Notes recorded in the Office of the Johnson County Recorder on September 14, 1988, in Book 1026, Pages 470.473. This obligation has been paid in full and the property is hereby released, in full, from any liens or clouds upon the title to tha above property by reason of said prior recorded documents. THE CITY OF IOWA CITY By: Attest: ~) .p ..Jdw) 'city Clerk Approved By STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .3 oJ, day of ~~ ' 19 -B-, before me, Sr>rv\..a L '>;:;;,.,\- , liNotary Public in and for tha State of Iowa, personally appaared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by ma duly sworn, did say that thay ara tha Mayor and City Clark, respactively, of tha City of Iowa City, Iowa; that tha seal affixed to the foregoing Instrument Is tha corporate seal of the corporation, and that tha Instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (9fdiAa~) (Resolution) No. Q3.lD.5 passed (tha Resolution a~Pted) by tha City Council, under Roll Call No. of the City Council on the .3 day of _~IMlI,!rt , 19~, and that Darrel G. Courtney and Marian K, Karr acknowledged'the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily executed. ~c!.u ~~ Notary Public in and for the State of Iowa ppd,"'1b'41Idodil,'~ /6531 .' :i , ' , " , II; 'ft Ii; ,I',: II, I' II: ' ,I, r Ii I; I' i;~ I' , I. I I I I ,J': I' ,I " , \-'-: :~~T/' '..'T-':~}-{~":q:..". , -_',--:: '.::-:,~ ,:,,' '.:-.... \~. 3, "I ':-' ..', '.' ,,' / , " "; , -.... -~', . ~~ \~ 11lJ., RESOLUTION NO. 9l-20fi RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT 1123 FRANKLIN STREET. IOWA CITY. IOWA. WHEREAS, on September 4. 1990, the property owner of 1123 Franklin Street, Iowa City, Iowa, executed a Promissory Note in the amount of $6,050.00 In exchange for a no-interest loan to be used for emergancy repelr; and WHEREAS, said Note was amendad to reduca the lien against the subjact property to $5,549.50; and WHEREAS. the amended Promissory Note was not recorded; and WHEREAS, the balance due under the Promissory Note as amended was paid in full on July 26, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that tha Mayor is authorized to sign and the City Clerk to attest tha attached Release of Lien for rocordation, whareby the City does release the property located at 1 123 Franklin Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City tha principal amount of $6,050.00, which obligation was represented by a Rehabilitation Agreement and a Promissory Note recorded in Book 1166, Pages 331-335 of the Johnson County Recorder's Office. It was moved by Am~ri .en and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: X -X- --y- -X- -X- -L- Ambrisco COUitney X Horowitz Kubby McDonald Novick Pigott Passed and approved this 3,d d'Y~"993' Approved by ATTEST: ~AI) e/!. ~) CIT LERK ppdfthJb\1123fmk"1t 1551/ . , : i , " I, ~ I \ , I' !I, i /1' I' II i i I I;; I I' " I I) h ,( , I I , , I: t t : , ,I iI. " , .',' " I I '" "";.' . ~-lf~T: t1~-[f-~:~--~-:-~~'~'~--~:' ~ . ' -. ., . / /\ , ----.. --~ RELEASE OF LIEN The City of Iowa City does hereby release the property locetad at 1123 Franklin Street, Iowa City. Iowa. described as follows: Lot 10 end the South half of Lot 9 in J.C. Watkins survey of 4 acres in the Northeast quarter of the Southwest quartar of Section 14, Township 79 North, Range 6 Wast of the Fifth P.M., as shown on plat recorded in Book 3. Paga 305, Plat Racords of Johnson County. Iowa. from an obligation of the property ownar to the City of Iowa City in the principal amount of $6,050.00 represented by a Rehebilitation Agreement and a Promissory Note recorded in the Office of the Johnson County Recorder on September 11. 1990, in Book 1166. Pages 331. !' 335. This obligation has been satisfied and the property is hereby released. in full. from any liens or clouds upon titla to the above property by reason of said prior recorded documents. ~,~ Mayor Attest: ~);Al') ~ -Ji,~ City lerk Approved by: y(}~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this 3d day of AlI9usA- . 19~, befora me, -SDJ..aol 'l;;M- . a Notary Public In and for the State of Iowa, personally appeared Darrel G. Courtney end 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 (GnliRllRcll) (Resolution) No. q.~ _ ~o/' passed (the Resolution adopted) by the City Council. under Roll Cail No. -------.. of the City Council on the .3"t. deyof ~~ . 19~. and that Darrel G. Courtney and Merian K. Karr acknowladgaa the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed, S""r1~ ):;.9 Notary Public in and for the State of Iowa ppdf"'lb\1123Ifnlc,l~ 1~5' i , , , i , i i I; [, I' " I, I' i' , I I , :1 i: : ' , I j ~ I:' I \ II Ii ]I - II il 'J: " l' '! i I:~ I"~ I: i I: I, I I' 1'- i " , , I, ! . , (i' J , I , ! Ir ,I I" ...... .-~.---..., ~0) ----- ~ ~-. ......-- ,..~ ......------.....--r-----.r~. .....-.-..- -,,,,,,,,,,,,,,,- ... .~--------- \ " '" I i" '- "I:' "19' ."t" ,. ,", >: ":' , .1' . ,fl I , . " , ~ :';' ,-lC:::: ' .,~ '. ,,;; -, .,' "".' / '; .I -...--- . --- " , RESOLUTION NO. 93-207 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AlTEST A LIMITED RELEASE AGREEMENT FOR LOT 206, PEPPERWOOD ADDITION PART 11. WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter '1he City") and Braverman Development, Inc. (hereinafter "Subdivider") entered into a Subdivider's Agreement for Pepperwood Addition, Parts 8, 9, 10 and 11 dated December 19, 1989 and recorded in Book 1099, Pages 449-454 in the Johnson County Recorder's Office; and WHEREAS, said Subdivider's Agreement obligates Subdivider to construct public improvements within the subdivision; and WHEREAS, the City does not ordinarily release a subdivision until the Subdivider has constructed all public improvements within the subdivision; and WHEREAS, Lot 206 has access to a public street and is connected to the City's sewer and water lines but a final release of said lot by the City is not yet appropriate; and WHEREAS, in the interim, a lien remains on Lot 206, Pepperwood Addition Part 11 with a cloud on the title of the lot; and WHEREAS, the local builder and financial Institution are unable to market the local mortgage on the secondary mortgage market by reason of this lien and cloud on the title; and WHEREAS, the Limited Release Agreement would remove the cloud on the title to Lot 206 in Pepperwood Addition Part 11, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be maintained by the City Finance Department; and WHEREAS, the remaining requirements for construction of public Improvements and the other provisions of the Subdivider's Agreement continue in full force and effect, in order to protect the Interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It Is in the public interest to execute the Limited Release Agreement for Lot 206, Pepperwood Addition Part 11 in order to protect local property values, 2, The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests, 3, The Mayor is hereby authorized to execute and the City Clerk to attest the Limited Release Agreement, a copy of which is attached hereto, Subdivider shall record this egreement in the Johnson County Recorder's Office, ,.- 'f\~'3 IS56 ! i , , ; , ; I I. I /: , . : I j i , :,1 , i' Iii \ I , ! II .,' I' II 'I . J~ \ I: I: h- i: ~ l' : , I I j J I I! I': " , ,',"\ J i I, " "'1 I I ',' ; il.,; \'r (i . : ',' :"t-/ " : 'I "L'd ' .~~' ',.' ''',', ,/ , I ' , . , , ' " . . ~ . I ; _0"'," . . .:- / I ,(/~ ,'{, ' '. " -:-:-::'::'-'.-'--.. It was moved by Amhri "eo and seconded by adopted, and upon roll call there were: i ---.-.. -- Novlok the Resolution be AYES: NAYS: ABSENT: -L- -1L x - -l\-- -X- -X- - Ambrlsco Courtney x Horowitz Kubby McDonald Novick Pigott Passed and approved this 3rd day of August , 1993. ~- Approved by ATTEST: ~~~K) ..J!. ~M) , ........- ~'~:~;..:.::;.;,:,.;,~;..'~~._-..~..---._.....,.,' """".". ',n , . J?1J2 7....so-'j3 /555 i ': i: i' ", I I I II ii, , I I ! I , , I , i , , I ~ I , I , I I II. I!,' II 'I -I~, , : I ,~ . ,1 II' Ii 1;. i ',Ji i 'Il . Ii . I " :.., t'.' . (., ,'J-f . ""'1 't,", ".:~t" , ':"','-':,,::~,:, .:. ...!2...... .. '".,' . '.. .~_..... " '. I' " LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter the "city" and Braverman Development, Inc., hereinafter the "Subdivider". In consideration of the mutual promises contained herein, the parties agree as follows: 1. The parties acknowledge that by reason of a Subdivider's Agreement for Pepperwood Addition Parts 8, 9,,10 and 11 (hereinafter the "SUbdivision"), dated December 19, 1989, and recorded in the Johnson County Recorder's Office in Book 1099, Pages 449-454, Subdivider is obligated to construct public improvements within the SUbdivision as required by the city and as a benefit to the SUbdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land. i i , " \ I, 1 I'; , 1\ " " , " " 'I ~ : n' I, If I' ' I' ,:1 L' I' :: 'II II J I ,/ II " " I Ii 2. The parties acknowledge that $7,000.00 has been placed in escrow with the city for Lot 206, Pepperwood Addition Part 11. The parties further acknowledge that this escrow is being retained by the city pending completion by the SUbdivider and acceptance by the city of the public improvements required by the SUbdivider's Agreement. 3. The city acknowledges that said Lot 206 has access to a public street and is connected to the City's sewer and water lines, but that a final release of said lot by the City is not yet appropriate. For this reason, the SUbdivider's Agreement constitutes a lien and a cloud on the title to said Lot 206. 4. In consideration of the City's release of its lien on Lot 206 Pepperwood Addition Part 11, SUbdivider agrees that the lien on said Lot 206, shall be transferred to and shall immediately attach to the escrow for this property and that this lien shall remain attached to the escrow until such time as all of the public improvements required by the SUbdivider's Agreement have been installed by the SUbdivider and accepted by the City. At such time, the City will issue a final release of Pepperwood Addition Part 11 to the SUbdivider for recordation. 5. In consideration thereof, the City does hereby release Lot 206 Pepperwood Addition Part 11 from any lien or cloud now placed on the title to the above property for the purposes stated in paragraphs 1-4 above. 6. This Limited Release Agreement shall not be construed as a release of SUbdivider's obligations to complete the public improvements as required by the SUbdivider's Agreement, which obligation shall remain the responsibility of ij J~S5 , , 1-, " / .n._'h....., --;---~.......-~ ..-,...",...- ..... .. - - - - -f" ... ...~ ... -~. ... ... \ . , {'" ' "i t-I' ,;. 'I ,C1 u ' ' , ~ .: ,~_ ~..;, :" ' '. '. -:r : :l~>> , . ' ' \ ~. ' ~ , ~. '- - 2 - the Subdivider until all public improvements required by the Subdivider's Agreement have been completed by the Subdivider and finally accepted by the city nor shall this Limited Release Agreement in any way alter or amend the Subdivider's Agreement except as provided herein. Dated this .q~ day of , 1993. INC. , '( ~ Treasurer Attest: ~~ -I!. ~~ Mar n K. Karr, Clty Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this '?ve... day of AV'lv)ot , 1993, before me, the undersigned, a Notary puMic in and for the State of Iowa, personally appeared Myles N. Braverman, to me personally known, who being by me duly sworn, did say that he is the President and Treasurer respectively, of the corporation executing the within and foregoing instrument that no seal ha.s been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Myles N. Braver.man as such officers acknowledged the execution of the foregoing instrument to be the vol~ ct and deed of the corporation, by it and by him vo1untari e te. ---..... .. :' . I I' I , I , I I II. 11' ., 'I 1-;, 1;! I' !'; 11 II l:' :! III " I I I I I, .' '! " il /655 """, . "I , I I 'I ,-.r ,I ----- -..~ \ '" ,"J.".,., ""-~~._~....~ ..-,,-.:...- --.... _....-:~-f".... - ,. '. ,. . . ' I,. I, t~f ~ ,/ / L4'" 17t"'\"'i, ,,' " , , ' ~,.., . . I . , . ' " ," ' If ' " ' :',,' _. ", l~.. ~_ J " , / " i, \... " I ,I r - 3 - STATE OF IOWA ) ) ss: JOHNSON COUNTY ) rIL On this 3 day of JlUB.usr , 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the city of Iowa city, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its city Council; and that the said Mayor and city Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,t.".'.,.,-, . ~.., ,....... , , J~~ i! I' I I I I i I , ! I I I i, I' ....", 1; I' , ; 1;; " \ I I I , I , Ii I!: 'i i j' i I I , i I , ! f; " . ; . I: I I J "J' '", ., II '~~l'\J " . f , , ' J-, : >, 't I '/~; ., " " \ >:';': .I~. .,,' ,;,J ..:',~V.! ,.." . '....', ',,> (C~~lf LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the city of Iowa city, Iowa, a municipal corporation, hereinafter the "cityll and Braverman Development, Inc., hereinafter the "subdi vider". In consideration of the mutual promises contained herein, the parties agree as follows: 1. The parties acknowledge that by reason of a Subdivider's Agreement for Pepperwood Addition Part 11 (hereinafter the "Subdivision"), dated 1)~ceI't'\M(, IQ' \9PQ " and recorded in the Johnson County Recorder's Office'in Book IOqq , Pages i~q - 45'1, Subdivider is obligated to construct public improvement~in the subdivision as required by the city and as a benefit to the sUbdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land. 2. The parties acknowledge that $7,000.00 has been placed in escrow with the city for Lot 206, Pepperwood Addition Part 11. The parties further acknowledge that this escrow is being retained by the city pending completion by the Subdivider and acceptance by the city of the public improvements required by the Subdivider's Agreement. 3. The city acknowledges that said Lot 206 have access to a public street and is connected to the city's sewer and water lines, but that a final release of said lot by the city is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and a cloud on the title to said Lot 206. 4. In consideration of the city's release of its lien on Lot 206 Pepperwood Addition Part 11, Subdivider agrees that the lien on said Lot 206, shall be transferred to and shall immediately attach to the escrow for this property and that this lien shall remain attached to the escrow until such time as all of the public improvements required by the SUbdivider's Agreement have been installed by the Subdivider and accepted by the city. At such t'ime, the City will issue a final release of Part 11, Pepperwood Addition, to the Subdivider for recordation. 5. In consideration thereof, the city does hereby release Lot 206 Pepperwood Addition Part 11 from any lien or cloud now placed on the title to the above property for the purposes stated in paragraphs 1-4 above. 6. This Limited Release Agreement shall not be construed as a release of Subdivider's obligations to complete the pUblic improvements as required by the Subdivider,' s Agreement, which obligation shall remain the responsibility of j,' ~ Ii 'i Ii iL il if I" :i !' ,; I h - i': til II I , , i I! I I I , I I I I I I' 'I :\ J5SS , , , )--- . , , - , i ',' 't-, " 'j-" :;t ',' -,' ~ " " ,;.1 t_ . .. ' .'... , . I . " J ~ ., . : , . ':,- . -~ ".,'.' '. !'- .' ' -,----'- , , / i, \ , ! ~-.~--~ - 2 - the Subdivider until all public improvements required by the Subdivider's Agreement have been completed by the Subdivider and finally accepted by the city nor shall this Limited Release Agreement in any way alter or amend the Subdivider's Agreement except as provided herein. Dated this day of , 1993. SUBDIVIDER BRAVERMAN DEVELOPMENT, INC. By: Myles N. Braverman, President By: Myles N. Braverman, Treasurer CITY OF IOWA CITY, IOWA By: Darrel G. Courtney, Mayor Attest: Marian K. Karr, City Clerk STATE OF IOWA ss: JOHNSON COUNTY On this day of , 1993, before ,me, the undersigned, a Notary Public in and for the State of' Iowa, personally appeared Myles N. Braverman, to me personally known, who being by me duly sworn, did say that he is the President and Treasurer respectively, of the corporation executing the within and foregoing instrument that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Myles N. Braverman as such officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. Notary Public in and for said state ..,........... ......-..,.......--.... ... . , : ; , i; ! " I' , II II! " ,: ;1 II I" 'I 'I' Ii' 'j (il , , 'I'i . , i/ "I I; Iii , I,! I I i i I i I i' I I " I Ii , "! " I IS55 . ~ I ..::1.1 ' " '--""';",:",', ,~,.,,, . I': "'t-,,' ',' j-" ,:"'t': -,",' " .', ' .1 tr_ . " ~r. , . . ':,' _.l, ",' ).'.,', ~,'. ",' / /'1 .'~. . --,'.=..:.. ----- . ' .' - 3 - STATE OF IOWA ss: JOHNSON COUNTY On this day of , 1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and city Clerk, respectively, of the city of Iowa city, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its city council; and that the said Mayor and city Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State - 1555 - I I' I, I; I ,. :, i 1 I ii I I , I 1 - Ii Il '/ \ ,~ );: l' I:: .' It, :1 J I '1/ , r',ij I I II : ....",..."r ..... - ""------...-~-.....-~;I_'.....- ((l\ 'I' ~. .....---...._--f"... ....~ , " - ( -,. ! ...:. - ' ~ \ , 'L I ,,1 I. I I . . , ..':f ',' ,/'. t-t, ,.,,"-V I,,' ,,',' .: .:, I ' _. ~ ' ',: ," "" ' I) '_" , .' ,~'_. / " " \1 , " , --~ r11-l-) RESOLUTION NO. 93-208 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AlTEST THE RELEASE OF A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON LOT 41, PARKVIEW TERRACE, IOWA CllY, IOWA. WHEREAS, the City possesses a 36 foot wide sanitary sewer easement In Parkvlew Terrace Subdivision, Iowa City, Iowa; and WHEREAS, the sanitary sewer easement crosses Lot 41, Parkview Terrace Subdivision; and WHEREAS, the previous owner of Lot 41 constructed a dwelling on a portion of the sanitary sewer easement crossing Lot 41; and WHEREAS, the existence of a sanitary sewer easement under the dwelling constitutes a cloud on the title to the Lot; and '. I Ii I I - ,i !, If 1:1 I: " : I i ~ !'~ '\ i'j I I WHEREAS, the current owner, Byron Bork, requested the City to release the portion of the Easement legally described on the Plat attached hereto as Exhibit A and Incorporated by this reference; and WHEREAS, the City will retain the remainder of the easement crossing Lot 41; and WHEREAS, the retained easement Is sufficient to protect the City's existing sanitary sewer line; and I- . !~ ,( :r. I J II ; II WHEREAS, the attached Release will remove the cloud on the title to Lot 41, Parkvlew Terrace Subdivision by releasing the easement described on the attached plat. NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COUNCIL OF THE CIlY OF IOWA CIlY, IOWA, THAT: The Mayor Is hereby authorized to sign and the City Clerk to attest the attached Release of Sanitary Sewer Easement. 2. The City Clerk Is hereby authorized and directed to certify a copy of this Resolution for recordation In the Johnson County Recorder's Office together with the attached Release. I Is~1 iI '. , "';i , 1 I:. i " , " :\'.) " ~,. - - " . r~::" ':~ 't~/'" " '~I i 't"';". ' 11" ,', , ' " ' , . ,', i, ' ., . J, ' ' . -.0 '. - -, ,.... .. It was moved by Ambrisco and seconded by Novick the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -X-- Ambrlsco -X-- Courtney x Horowitz --L- Kubby -l!-- McDonald -l(- Novick -L- Pigott Passed and approved this day of IQq.3 3rd , 1olI8f. '. / I (-\. , , {.. , ....-------. Approved by --- .- I , I I , I ! , j'l \ ! U " II \ 'II I ,I 1 i: I III It !: - i : iI:, Ii" .I C il 1.1 ),-; ATTEST: \~ of ~' CIlY CLE ",!f)~ /1 7n~ 5U2..- - City Attorney's Office ~/-?O - 93 .......:".,;,.'_...,.,.,. .",."..,.--. (' ". ", ",' " !, d 15514 :" , 1 " , T". ;,i - - ""~-_._-~....- ~ ...-' .......- --. ...- - - - - -f"".... -..,. -;- - . ...~.... I r- \ f." '7':.' -", - ,""'. ~ ',.. ': ," , t'/' "I,,' f 1 ./ t ' I, . -- .. "..' . " ',.-- " ~ . . :: ... _. - I t~.. ~. . '~l '.,'~. , ".' '0 .' / ltcMlgtlCll\lC1lOOII EXHlBlTA ,. i ......, . .".. )1;;, .~~'~ ~ry'-:...::: ,. ~ ~ '~",.: "II'" ~ ~-.... nua .. ~1CM,,,,,IIU'l&JtcD A -.1-. CDIII. IImaG UQTlCIf . I'II:PDlTYC'IMlIrcuo 1'"'..,....~1 .......-.. II/l"lW ",,""w/Uc.l 1..........""'-'..1 fVIIlt'ftJwol>>Oll1lfUG IlCfICWLUCI ..........wa :::~ =::w/tOlCICllMIt LDl' UCI. ..... ~==::: ::='L::UIDMItIlDD (WlIUI."'-....., II' JCaJaDDIImIM 11I1 I&l&IIIIDIIIlIIIIll ".... I'OlIfr/l.w.~ ItLOIII.w:a....MIIDIAlIII.tatAlO KIClIIIICDMI1IRrI,IMIIIOIICIIfI.."" ;E S> ,1IlCIIIlI: nn~~1 ~ O~" M J'I -Id 'CIllllUllIlIUIII ';--o.1Q' ~:urr...., J~' ",rM' SAKIr,M'; .rt'...v.f r.uvwr;h': , ~AN" f',wil"" 6.r tll /' ./ /~('d'" . dI. .,/,,"" ' , ~. ." /"r 1/ /':d~7","N D,<" .wIlr",et' ,[.tWo('f.,,",,t.r,,,If"N7" ,.." , ,q.~. :iz.(M'>#U'O. \: ' ~; J I I I. ~r.l"' '-)' $"""1,."",,, J'r.v"'" '1"~~.1 ,v'~r/.rh-r .. "~v.rlr'~ 6'YI 4'1""'" 11tI'.t* EXISTING SANITARY SEWER EASEMENT , A ~oot llid<l sanllary .ewor_lcenl.11ld O'I8r en .xlsUng sanllary .eworllilld1 CIllSS03 Lol41, P8l1Mew r._ SubdMslon. Iowa Clly, lowe. as 1UCOrd<ld In Pial Book ~ P.go 61, 01 Ih. R8CO/llS 01 Ih. JoIlnson Coon~ R_I. omce, . SANITARY SEWER EASEMENT RELEASE DESCRIPTION Comm.nclng sllh. Noilhwesl Com.r 01 Lol41, P8IkvI.w T...ce Subdivision. Iowa CI~, Iowa, as recollled In Pial Book 2,.' Pogo 61, 01111. Records 01 !he Johnson CoonI\' RIlCOIdeI. 0I11ce; Thence N16'Ol'12'E, sIong Ih. North 11n. ol.eId Lo141, IlJ6 fet~ Thence $24'44'li'E, Il.J6 lettlo Ih. Polnl 01 Bll1llnnlng; Thence N61'11'41'E slong. Un. 7JO ,..1 nOlmelly cIslanl Soulh ollh. .xlslIng sanllary sewer Un. 47.00 l.,~ Th.... S24'44'Ii'E. IOJO let~ Th.nce S61'U'41'W, 47.00 let~ Thence Nll'44'li'W, JOJO f..llo Ihe PoInl 01 BegInning, SeId IIaeI 01 lend conlalns 19lJ squsre let~ more or I,ss, end ~ .u~oct to .asem.nts snd resll1cllon5 01 record ' .. .- "EAsEMENT RELEASE I MMS CONSULTANTS, INC, .. Qr. .... 11IM tllll Ml-" P!ttMthu , ~ ! : i i, , j' II , Ii I!, It " Ji I: ,I, , I'~ V I' ,I " I i 1 !i :1 , I I I .J! I( II " " ,\ V5~, . . . . I. ., r, "t-/' .:..., ,> t-' :':-1' " ,~~~- ',.' - -'--j(;.., -' ","'-,, " " ',", '" . i'" . " ',:, ,-' - - .'- ..' , , I t RELEASE OF SANITARY SEWER EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described under the heading "Sanitary Sewer Easement Release Description" on the Plat atlached hereto, and Incorporated by reference, from a lien or cloud upon the title placed thereon by a sanitary sewer easement granted to the City. Said easement Is hereby released. The City retains the remainder of the sanitary sewer easement not released by this document. BY' Darrel G. Courtney, Mayor Atlest: !heA;A.,J,f. ~ Marian K. Karr, City Clerk I II Ii " a :; Ii! I: ( '\ .J! !: , , I r: ; , Ii j I ,I II I 'I , , , STATE OF IOWA ) )S5: JOHNSON COUNTY ) rJ ~ua.<&\ 1?9!> cva On this ..5.::: day of eeteIle~, 4-992, before me, the undersigned, a Notary Public In Rd for said County, In said State, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing Instrument; thatthe seal affixed thereto Is the seal of said municipal corporation; that said Instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Darrel G, Courtney and Marian K. Karr acknowledged that execution of said Instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Sm.dw ~ Notary Public In and for the State of Iowa Approved By 0?~~ :it. City Atlorney's flce Ho -9.3 11 /5511 i / :i \! " ~ . . . . .' I" ',' 't"":'l ,=1' t-'" <:t ", .', " ~ " '" f 'V ~ - ". .: ,-' -', ---+-, ,'\.-, . " '- / , " ,/ \1 . i. ~. " .~ -. Byron E, Bork 608 Grenada Court Iowa City, IA 52246 ---.. "'-. ~:~ i.. CITY OF IOWA CITY August 4, 1993 Re: Release of Sanitary Sewer Easement Dear Mr. Bork: ! I I I f I ! I , I f ~ I On August 3, 1993, the City Council voted to release a portion of the sanitary sewer easement which Is located on your property. The Resolution authorized the Mayor and City Clerk to execute a Release, Both the Release and the Resolution must be recorded to effectively remove the cloud on the title to your property, The City Clerk will send the necessary documents to the Johnson County Recorder's Office. As soon as the Recorder's Office returns the documents to her, she will send you copies of the recorded documents and a bill for the recording charges, Please do not hesitate to contact me If you have any questions regarding this matter: Sincerely, ~21=n~ Assistant City Attorney cc: Marian Karr, City Clerk EUL 410 EAST WASlI/NOTON STREET. IOWA CITY, IOWA II 110. Ill! '111111)'''000' FAX ""I '16;55~ . .' ~..... '" ~ '." ."-" ., i -1: " ; , i I I ! I i \! , , i j I, I: I ;' '. i . J ~ j' d I[ .11 , II: " I~ I, I! ., ; tl J , I " .,1 \,11' I, " , ' I ':,: iI , ! ' , ..;",-. .': " ...... -..--...., ----... -. ~.... 11.& ..-, -'.... ------- , " I ' ....' -', I \, I';'" " "', " ' I '" ' . ~ ,,' j~ 'I "')j , ,,' , . ' ,':.' , I~., ~ _"'., '. ",...~. , . . / 1 ,', 7J/~ RESOLUTION NO. 93-209 RESOLUTION APPROVING FINAL PLAT OF SOUTH POINTE ADDITION,IOWA CITY,IOWA. WHEREAS, the owner, Iowa Realty Compeny, filed with the City Clerk the final plat of South Pointe Addition, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described reel estate in Iowa City, Johnson County, Iowa, to wit: The South 30 acres of the fOllowing: The E 1/2 SW 1/4 and the East 5 acres of the W 1/2 SW 1/4, Section 23, T 79 N., R 6 W., of the 5th P.M., Iowa City, Iowa, described as follows: Beginning at a 5/8" rebar set marking the S 1/4 Corner of said Section 23; thence S 870 45' 11" W - 1398.88 feet along the south line of said Section 23 to a 5/8" rebar set marking the SW corner of said East 5 acres of the W 1/2 SW 1/4, Section 23; thence N 10 06' 40" W. 930.06 feet along the west line of said East 5 acres of the W 1/2 SW '1/4, Section 23 to a 5/8" rebar set marking the NW corner thereof; thence N 87042' 03" E -1397.74 feet along the North line of said South 30 acres and seid East 5 acres to a 5/8" rebar set at the NE corner thereof; thence S 10 10' 59" E. 931.31 feet along the eest line of said SW 1/4, Section 23 to the Point of Beginning. Said South Pointe Addition contains 29.87 acres or 1,301,132 Sq. Ft.. and Is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Departmant examined the proposed final plet and subdivision, and recommended approval; 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; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the frae consent and In accordanca 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 end local raquirements. 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 raal estate be and the seme ere hereby approved, and the dedication of the streets and easements Is accepted as provided by lew. '.." 151.1 : I i . ~, I , , ~ I' \ II , I I 1 I q' 1'- Ii : , i' " r: " Ii " 1 I' I I , t I 11 , I I , j " " I , ;! . i '" " ~, '. . '. I ,", tl, , ;;:,,'1 I '1L,.i( '. ' " , " I " _J ", ~. .. ,- ,- , - / ,>\ .t. . ....... ---~-.--. Resolution No. 93-209 Pege 2 *._h... ...._ 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 releting 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, lowe. It wes moved by HcDnnR 1 rI end seconded by adopted, end upon roll call there were: Nn"j e" the Resolution be AYES: NAYS: ABSENT: x ..lL- - Ambrisco Courtney x Horowitz Kubby Pigott McDonald, Novick - ~ x X- X- - - Pessed end epproved this 1TrI day of A"8"a> , 1993. ~bY ATTEST: fith>>~.J ~ ~) CITY:CLERK POdIdnin\Jouthp'U" ','. ',;...',.:1;,.....,,,,;.,,,,. SO'--- ft,'-Ib -9.3 /$61 : r I i i i) \. " 11 Iii: \ !\ I: :( I' !i l I.: 11 i'il. I, ',1 - ;;'1 ;1 I': I . ," h I , , I ! !. "IJ . I . , " :( 0~' . , '. . , - . I -' -,' - " , .' t I (;..1 '" I' '" t ' , " " " j '" ",'.' " " , , ' ., .. , : ,_ _~?'. I.... . , . ; , 1 Ill, RESOLUTION NO. 93-210 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE SUBDIVISION,IOWA CITY,IOWA. WHEREAS, the owner, Windsor Ridge Development Co. filed with the City Clerk of Iowa City, lowe, en epplicetion for epprovel of the preliminery plet of Windsor Ridge Subdivision; end WHEREAS, the Department of Plenning end Progrem Development end the Public Works Depertment exemined the proposed preliminary plet end recommended epproval of seme; end WHEREAS, the Plenning end Zoning Commission exemlned the preliminery plet end, efter due deliberetion, recommended ecceptence end epproval of the plet subject to the developer constructing the proposed welkweys (treils) to conform with the Americens with Disebilities Act (ADA) requirements prior to the City's ecceptence of the meintenence responsibilities for Outlot B. At e minimum, the developer must construct the treil at leest eight feet in width, consisting of e minimum bese of four inches of 3/4 inch roed stone end a minimum topping of three inches of 3/8 inch bese meteriel (seid meteriels to be compected). The developer must also provide eppropriate ground cover and lendscepe the perkway according to plens epproved by the City. These pi ens must be submitted to end epproved by the City prior to Council consideration of the final plat. If the City deems it in the public interest to accept dedicetion of the 22.25 acre parkway, this dedication must not be accepted until (a) the developer completes the perkway improvements, including the stormweter detention fecilities, end (b) the developer completes construction on 90% of the lots ebutting the perkway. The Subdivider's Agreement with the final plets thet include Outlot B will incorporete these requirements. The developer must comply with the same sidewelk end lendscaping requirements for Outlots J end K, epproximetely 9.84 ecres. prior to the dedicetion of those perkweys to the City; end WHEREAS, the preliminery plet is found to conform with all of the requirements of the City ordinences of the City of lowe City, lowe. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The prelimlnery plet of Windsor Ridge Subdivision is hereby epproved subject to the conditions set forth ebove. 2. The Mayor end City Clerk of the City of lowe City, lowe, ere hereby euthorized end directed to certify this resolution, which shell be effixed to the preliminary plet efter pessege end epproval by lew. I~' , i ~i ' ! 1. I Iii r' , i~ J, ,,' I" I': W II I: J i: II I: , I 1'1 I , I I I " I I I ,I i II I I :/ I , '" , ! :1 'I' '/ \ " , /, ':\: " '" . ,.'",;.., . , r t~"",, d '1/ I:t" " '", , .' j' , , ' , , , , J :--....:... I '.' . ,.-., " ',' / / !,'\ " 1 ,J, l' - ....._---------.. --~.. -~. .2. It was moved bV Ambrisco and seconded bV adopted. and upon roll call there were: HcDonald tha Rasolution ba AYES: NAYS: ABSENT: x Ambrisco X-- Courtney y. Horowitz ....I.....- KubbV ---X- Pigott -L- McDonald x Novick Passed and approved this Ambrisc~av of HcDonald , ,~~~. MAYOR ATTEST: ~~A") ~ ~AA) CIT LERK wlnd.or.r.. .,......-...-.' _._+-......, '. .5~L 7-J.'')- '13 \ City Attornev's Office \ i 1569;1 ,\,,,,,,;,,,,,,(',-':.',,i i , I I I Ii Ii , ' , I I I I i r I I l! l, I :1 Ii Ii II 'Iii " ,- ,I " ~ q ': il , I I I 11 t I) , ). ~ t' I; " , , i , Ii ,I "j "/" " ',' I,i I"~, ';, ,'.' , , , ~ \' il " J' i " \: , . \-, , '; i " ! .., ;~~. I., .',,,, "....' . - '" -~---~ ...-.'......- ....~ .... -.....- - f " .... -;-_. .... -.. ~ ..... ""." ~ " ' , . , . i ,',;' t::-,' , ;:, ' '.,i' I' Ct" , " ~ " , ' i '; ., . I ' " ' . . . ...~.. . " .... I " '_ t .,.... ..," ~ 1 '. ~ .' .,' -.", - .. t-.' . ,J. . , / /" .(.' . ---~._--- --'-" --- STAFF REPORT To: Planning & Zoning Commission Prapared by: Melody Rockwell Item: SUB 93.0009. Windsor Ridge Subdivision Date: July 15, 1993 GENERAL INFORMATION: Applicant: Windsor Ridge Development Co. 1700 First Avenue, Eastdale Plaza Iowa City, IA 52240 Contact persons: Lowell Swartz, President Gary Watts, Senior Vice President Phone: 354.6760 Requested action: Approval of a preliminary subdivision plat. Purpose: To permit development of 234 single- family residantiallots, Location: North of American Legion Road and west of Taft Avenue. Size: Approximately 176.9 acres. Comprehensive Plan: Single-Family Residential Development; Fringe Area 5. Existing land use and zoning: Undeveloped; RS-5. Surrounding land use and zoning: North. Undeveloped, Agricultural; RS.5, County RS. East - Residential, Agricultural; Coun- ty RS, A1. South - Agricultural, County RS. West- Residential; Golf Course, Agri- cultural; County RS. File date: June 7, 1993. 45.day limitation period: July 22, 1993. SPECIAL INFORMATION: Public utilitias: Utilities, including water service, sani- tary sewar servicellift station, and storm sowers, will be provided entirely by the applicant i I /5119 i . -.""".' " ,.....~+_.~ - i . i I , " i' i I I , ; 1 ; ! ~ ~ ~ I I I I I I; l! ;' I;! 1:1 " 111 1:1 " it " " , I'" , I ' I I " i j: ,I \ "J '"; . ','\ " , ' :1 , . , , . . . )' " ' f _ _ _ _ ,I' . . ." ~il' d' .i" I; t ' ' " . " I; ,,'t.j..'. J_.',:'C:. .~U ',' "',',,;',' ':.. / .' 2 Public services: Sanitation service as well as police end fire protection will be provided by the City. Transportation: Vehicular access is available from the south via American Legion Road end from the east off Taft Avenue. With the development of the subdivision, Court Street will be constructed and will provide vehicular access from the north. Transit: The closest available routes are Court Hill with a bus stop at Friendship and Court streets, and Towncrest with a bus stop at Village Green Road and Muscatine Avenue. No transit service to the Windsor Ridge Development is available or anticipated in the near future. Physical cheracteristics: Gently rolling land interspersed with wooded or grassy drainageways. , , i !, ,. Iii \ , i i " ,i, , I' ,I ii' I'. " Ii : I,' , ( 'I \1 ,; 1: " I , , I .. .' i ! '; I :, , 'I ,I , II.' j ,I j , BACKGROUND INFORMATION: The approximate 240 acre tract, known as Windsor Ridge, was recently annexed into Iowa City. The City Development Board, a state agency, approved the annexation on May 26, 1993, subject to the county area connecting the Weinstein property to American Legion Road being widened from 50 feet to 200 feet in width. At the north end, the width of the connecting strip of land narrows to 132 feet. The county portion of the Windsor Ridge Development, noted as Tracts A, B, and C on the preliminary plat, has been submitted for preliminary and final plat consideration by Juhnson County and Iowa City. This portion of the tract will contain a major entryway street, Arlington Drive, which will serve the city subdivision. The county plat, known as Windsor Ridge, Part One Subdivision, will be forwarded for the Commission's consideration et its July 29, 1993, meeting. The developer Is proposing to subdivide the remainder of the tract from Court Street south for single-family residential development. The Windsor Ridge preliminery plat of 176.9 ecres contains a total of 234 residential lots and savaral outlots. Outlots B, J, and K ara intended to be deeded to the City for neighborhood open space use; these outlots are labeled "PARKWAY" and have a pathway system shown generally in alignment with the drainaga- ways within those outlots. Outlots Land 0 are considered holding zones for futura devalopmant to ba daterminad later. A potential alemantery school site, clustered residential davalopment, and possibly a neighborhood commarcial area ara uses tha applicant would Iika to consider for thasa outlots at a latar data. The ramaining outlots ara to be maintainad by , a Homaownars Association. I i 1 I~'I , : .. . (' :- ,-' -", ',' " " ".: 'J I ,jc::.J, ,"I.d . ",t . ", '" " . ..' ,-. '. " - . v . I':',' _ - ---:,. !~" ,'r. ".' :.' 3 ANALYSIS: Comorehensive Plan Prior to its annexation into the City, the proposed Windsor Ridge Subdivision was located within an area designated in tha Comprehensive Plan as Fringe Area 5. According to the Comprehensive Plan, Fringe Area 5 is expected to develop for residential uses at low to medium densities. The proposed plat for Windsor Ridge is consistent with the land use policies set forth in the Comprehensive Plan for this area on the east edge of Iowa City. Zonino Ordinance The residential plat of Windsor Ridge has been reviewed, and appears to conform with the general requirements of the RS-5, Low Density Single-Family Residential Zone. Technical deficiencies are listed at the end of the report. School Site I I II: , 1\ I' I I) " I 'I' I 1\' I ,\ I I. f: j;' !' I . " i . \ I , I II " Ii The condition of the RS-5 zoning approval for the Windsor Ridge tract to designate a 13.acre school site has not been specifically addressed on the preliminary plat. City staff, the developer and the school district are in the process of negotiating an appropriate location for a neighborhood elementary school site. Public Ooen Soace The preliminary plat shows a 4.74 acre neighborhood park (Outlot KI with a connecting 5.10 acre greenway (Outlot JI to Scott Park as public open space. This more than meets the conditional zoning agreement provision that "the open space will consist of a centrally-located four acre neighborhood park with the remaining 2.9 acres developed as greenway trails linking the above-described tract of land to Scott Park." It also meets the conditional zoning agreement provision of the Windsor Ridge (Lyon tract) rezoning for an additionel .127 acres of open space to be incorporated into the Windsor Ridge neighborhood park and greenway. Additionally, the preliminary plat shows 22.25 acres of public open space (Outlot B) containing a large wet bottom storm water detention basin and eight.foot wide, crushed rock recreational pathways. At its May 11, 1993, meeting, the Parks and Recreation Commission reviewed a pre-preliminary plat of Windsor Ridge, and indicated its willingness to consider what is now designed as Outlot B in addition to the northerly parkways (Outlots J and K) as appropriate public open space. Prior to the City's acceptance of the maintenance rasponsibilities for Outlot B, the developer must construct the proposed walkways (trail) to conform with the Americans with Disabilities Act (ADA) requirements. At a minimum, the trail must be constructed at least eight feet in width. The trail must consist of a minimum base of four inches of %.inch roadstone and a minimum topping of three inches of /fs-inch base material (said materials to be compacted). The developer must also provide appropriate ground cover and landscape the parkway eccording to plans approved by the City. These plans must be submitted to and approved by the City prior to Council consideration of the final plat. If the City deems it in the public interest to accept dedication of the 22,25 acre parkway, this dedication must not be accepted until (a) the parkway improvements, including the storm water detention facilities, are complete, and (b) construction has been completed on 90% of the lots abutting the parkway. These requirements should be incorporated in the Subdivider's Agreement with the final plats .\ 1$t,9 , - , , I .... ,,~ ' -' ' '-t ".." t., "'I I, ' " , ' ': . " " je.." r..:." iI.;." ,".. " ','., , ~ , .: J,_ ,~., ~'\' ~~, ',' ' _.. . 4 that include Outlot B. Comparable sidewalk and landscaping requirements should be met for Outlots J and K prior to the dedication of those parkways to the City. Comoliance with the Subdivision Reaulations In accordance with the City's annexation policy, the developer has agreed to pay for all of the costs associated with providing infrastructure, including the construction of sewer lines, water mains and streets, for the Windsor Ridge Subdivision. Because this is considered out.of. sequence davelopment, the developer is expected to pay full costs for all oversized infrastructure as well as the local facilities. Sanitarv Sewer The Windsor Ridge tract is located partially in the Ralston Creek watershed and partially in the Snyder Creek watershed. In the future, the portion of the subdivision in the Snyder Creek watershed will be served by the Snyder Creek Interceptor Sewer. Until the Snyder Creek Interceptor Sewer is constructed, the entire subdivision will be served by the Southeast Intercaptor Sewer via the Scott Park trunk sewer connection. The developer will be required to finance t.he entira cost of a lift station to pump wastewater from the south portion of the tract into a 30.inch diameter extension of the Scott Park trunk sewar. The developer will pay to extend the Scott Park trunk sewar to the Windsor Ridge tract from the point where it terminates at the east edge of Scott Boulevard East, Part One Subdivision. The existing 18- inch sewer line, which extends 314-mile from Court Hill Park to the east boundary of the Scott Boulevard East, Part One Subdivision will accommodate residential development of 300 additional acres (minus the 16.31 acres of the Scott Boulevard East Additions). The proposed Windsor Ridge residential subdivision contains approximately 176.9 acres. Water Distribution The Windsor Ridge tract will be served by a 12-inch water main extended by the developer along the north side of American Legion Road from Scott Boulevard to the Windsor Ridge Subdivision. The developer is also providing for a looped system in the future by extending a 12.inch water main along Court Street through the tract. This water main can be connected to the existing Court Street water main to the west as intervening development occurs between the Windsor Ridge tract and tha east property line of the Scott Boulevard East residential development where a 12-inch water main terminates now. This will also permit tha Court Street water main to complete a loop to the east with the future Taft Avenue water main. This arrangement is acceptable to the City's Water Division. bU i I j , l I , \ , . .' 1: The streets in Windsor Ridge will be designed according to their functional classification. Three arterial streets will serve this subdivision: American Legion Road, Taft Avenue and Court Street extended. City staff is in the process of negotiating a 28E Agreement with Johnson County concerning shared maintenance of American Legion Road and Taft Avenue. T"e developer will be responsible for extending Court Street through the Windsor Ridge tract to Taft Avenue. The proposed subdivision contains three collector streets: Arlington, Barrington, and Huntington streets. Staff has some concern pertaining to the provision of secondary access to this subdivision. When completely built out, Windsor Ridge will have multiple maans of access that will be adequate to serve the subdivision. During the initial phases of construction, however, lots 15" - ; , I I Ii ,I, H I, ii :r ,. I r, I' I' I I. ,; .. I' :.. ,i " i I , I J I II I II I ,I , j' I' r I I I I ~-- ~ ..-'......- ~. ....- - - -- - -f" ......- -... - ...~....-,.I... \ ( -.. '- ,'-, ',...;,~. ' . , .' ' ' , : t", 'd '" I, "'- " ' , " ',I 'j', j-, ~.' " ',' , " :. . _~ ."-""'\' I ~ . ~~~ . . /. \ '.' . , ..,'" ' '. / 5 feeding off Arlington Drive will have e single means of access. This is of concern because of the existence of a) slopes greater than 8 % and b) culverted drainageway crossings. Both of these conditions increase the probability of restrictions for emergency vehicles with the probability increasing as more lots are built on. To alleviate the emergency access concern, the Huntington Drive connection between Barrington Road and Arlington Drive should be constructed with the final platting of Canterbury Court. STAFF RECOMMENDATION: Staff recommends deferral of SUB 93.0009. the preliminary plat of Windsor Ridge Subdivision. pending resolution of the deficiencies listed below. Upon resolution of the deficiencies. staff recommends approval of the Windsor Ridge preliminary plat. DEFICIENCIES: 1. A Grading and Erosion Control Plan must be submitted to the Public Works Department for review and approval prior to forwerding this application to the City Council for its consideretion. 2. Preliminary storm water calculations must be submitted to the Public Works Department for review and approval prior to Council consideration of this application. 3. Show dimensions of the southwest lot line of Outlot G. 4. Show all storm sewer inlets. 5. Note on the plat that the Huntington Drive connection will be included as part of the final platting of Canterbury Court. ATTACHMENTS: 1. Location Map. 2. Fringe Area 5 Land Use Concept Plan. 3. Southeast and Snyder Creek Interceptor Sewers Service Area Map. 4. Arterial Street Concept Plan: Fringe Areas 5 and 6. ACCOMPANIMENT: 1. Preliminary Plat. ! I I r I , . I, ~ " I \ Approved by: ~~ Monica Moen, Senior Planner Department of Planning and Community Development \lUbOOO9.n"t IS' ' II"~ ~- I , , 1 : , " II! " Ii " I:: r I I I , I I - i. II' I~ " ( I,: I';i ! I I II f Ii ,I . . . . ~ ~ - - 1 ' --~---:--- . ....'/,,' jd, ,:,'"...1 ".....J I " ,':, :,", :.:,~,~.I~.' · ....;... ~-+~ 'f'~P' ":'.: ~., ': " LOCATION MAP WINDSOR RIDGE PRELIMINARY PLAT SUB 93-0009 12 , / I ( '/ I , E 1 ! . ill j' \ ;: ~ / 1 I,' , 1\ \ \ Iii I: ,I I , q: 'I ! I- tl' 11' T '. 1\ I :; , I . . i: , I i: Ii I , 'i I i " , " I I , I I I' Ii (,UIIC "'I'DI~ ..-''':;-- ..~... , ItOI~ ,01i~ '[ _.,,~ ",-... .. 1 / .) / '1 I , . I /511' -......... ~,.. .... -~"1 ~ --......... ~ ..-'....,.-- ~ ~-.-.~---- I', .t":'"""d' ':;'-1' < I:::' ,.'!..,' . ..' 'I' ." j ':-.- . I,::,V '., ",.j. :' \ ....' , '. "--' , " , ; 0,1__.._ _. ,......,-,-.. , '....-7 ......,.. '.;. j' .. --'y' ",. ~ :1 ;.!"':r.,...,l ~ " ...... ',- )- . ". lo-lo' .. I\i I i;';L I,!- I." /' .. . .. I" /. · f ' . ." '% - ',' , ~ 1 ',. iO - . . . . . . , . !,., , , .! i -I I I I I I , t I ii II J, Ii I I, ~ f, I I i~' I I I i II , I. I I .. I! , , I'i i :' Ii II ,J :1 j( ~. ..:::, , , " I',' ,I I I,,', ~t ~(. ' I,; I I ' ,.. )', ,I" I I), "II ,J, o , , . ,_....~:..:.{~ ., ,., ~ ~ '., ~I '. '''- . ~ . .". -~r"'~------ 'I .0, ., , " "I .;' , ,0 0 I " If" :.. . 1~ ," '/, . ", II _. ',:::''L ::..d\.' 21.\ SUPPLEMENT NO.4 .. ;' :/ I .!...:. \J,";,i ,'0 ..I ( .' " '\ . i ~: .,(,j. : I II \ 1 ?S6f , . " " , . '0' (. ,~, _ -. : . ;./ .' ," t' / ' I' I I .. I ' , " ,. , . "."', ", t;... .~.' " '. 0", ....,.' j' ,'.' \, :'. ,-I. , ',' , : .' ':"'.',_,:,,,L,.. I~.-:. ,j, ,', "',:'" :~,-~ ~,,';~llj '13 .' .L;. ".'}(!J \::"\....::-,; ~::~C\:..;.. ::n:-n\_.2.,:")~~..~.tI~~ r AIV.L;~~~JVA" ':l~~ SOUTHEAST AND SNYDER CREEK INTERCEPTORS SERVICE AREA <r,., I ~l\':, '\ \," n "II' I 'I' 'l' / \11)' I SUPPLEMENT NO.4 "I' , , , ,: 'I " , I I I I I , I I I, I, " , i' !: " ii 11 " i! " " I ! I i , i i I I . , , . .', ( . ',-,'- - -,' '. .,' 'i" "jd . 'I'd, .,:t t, "". ".:... t..... "--:.,1,, ~'..' .,..D ' , .~. : '""". . , ~ '.\' '" r ~ . ""1 ~ ': .. . , " . , ~, ..1"-.' .. 1 '"I' t "' , .' I .,,, I ! j I ( " ",'- ,".':, ' Iii' ...':.'t.... f I -n ' ..1 "';d,'= " lJ ~.. ._....... .,J., ~. 1.10-'1,,' . ...J ~ r ',... ,",t",,\ ~',~ \~ ". ,. . .,,' {l\ :~~ '.", , ',.\ . j';:"o . . :' "." ...r'. , ,I 'I~,: , , ',. , '--'-----,---'"'\,. ';'---. .1 ; '., ........_ .: ; ,. . ;', \0" . , ,,; _1, ' i I ,,' , ' , ' .... ;'" ;! ~ '. .. ~ , ," I, , I' ,1, ' , , '~i, , " . 1'( c:' iI',.' " !' , , , , '. " . , : 1, I I I :' " .. j", . ;" '. 1 SUPPLEMENT No.4 15P1 (, :. , ' , i :, I I, 'I' I ,:: r I'. I i I ~ II ;1 " ,I' O! h !~ I, !; I'i , II I j I Ii " Ii , , ' "," '...:.' Ii.... , ," " "":,'," '. - I ' " ", '" ' -, ~ " ',', (\""":j~!" '"C"~ " " , :l_ UB93-0009 S RIDGE WINDSORINARY PLAT PRELIM , " ';M!....:.. '.""',., I ' J -.,.... ...............n.....'" ~,:,:,=,~..7;:::l,--' ....,.. ._.:.::...' ....",...,..."........-r.~.:. Ii I: I ! oun.or "t . . ':_~::..: :.. :;,_ ~:,7 :::-.:,;~~:' I . , 1 ( " " li :'. :j' , ,. :, I, I i I I, I I: I I' II I I " !, " " 11 i: Ii f ... ''---:.1 . , , , , " ': t: t l' f ~': , !' , ii ;~ :, C i; " i.' :'i " t.; ~; ~J r {, , ~: i ~ ! l f . I' ',.,' t-" ;::,.' :,-, , 1'1- .', . " ," '",: . j" , '" ' ':, " ... . ) '. ' ..: _. _ _'1., - Ii , / ,'\ 1 .'" 704 Fairway Lane Iowa City, Iowa 52240 July 19, 1993 City Planning Office City ofIowa City Civic Center Iowa City, Iowa. Dear City Planners: Last month I spoke with one of your staff regarding some serious concerns my wife and I have with parts of the proposed plat of Windsor Ridge Subdivision, Our home is located at 704 Fairway Lane in Far Horizons and proposed lot 43 in the newly annexed Windsor Ridge Subdivision is adjacent to our east border. We feel that the development of this land as a building lot would negatively impact our property and should not be allowed, We recommend that the lot be designated as a continuation of the proposed open space that runs the length of Far Horizons to the south of our lot. Our reasons are as follows, { !: II: II: " ii :! :1 I I \ if :j: Ii II 1" j.; ii' I) First and foremost is the fact that lot 43 slopes severely from east to west into a gully running along the west border of the lot. This gully contains running water much of the year and mud the rest of the time. Since trees were removed three years ago on parts of what is now Windsor Ridge, we have seen severe erosion on the lot 43 side and on our side ofthe drainage gully. If this lot is developed and more trees removed I am sure the erosion will worsen and the water table will raise further, This willi damage or kill the trees along our back (east) border. It also could compromise drainage in our septic tank field, Both these things would impact us adversely, :'1: - , " I I II II . :i: . , .. , , , The plat proposed shows a stann sewer easment in the gully areas oflot 43. We are adverse to this because of the removal of trees to install it, because installation would sever the roots of the trees on our lot edge, thus damaging them, because it would only carry runoff water from the stub street (Hill and Dale) and not help control lot 43 runoff onto our lot, and because the sewer would empty onto the open space behind the lot of our neighbor to the south, This would cause runoff problems all the way down our lane at Far Horizons, Ifa stann sewer is needed, it should go all the way to the stann water detention area by the highway, : I' Lot 43 also seems to be a poor building site, since it is long and narrow in a north-south direction, Many trees would need to be removed and the lot would need to be filled in to build a house with a basement. The lot is wet most of the year, This would affect our view, the noise level and of course, erosion of and damage to our lot from the increased water runoff. We don't feel this is fair to us, The land is now heavily wooded and filled with songbirds and small animals, There is a natural deer path that opens into the N.S open space planned for the area south of lot 43, ;i '-'"'-"0-.." /$1,9 '---- , I , i i ,; " j) f , :' i' " !J li (! ; \1 " i t Ii Ii i'. ~ ~ ~,: ~i I: ,] !~ H I' ~ e " ~ ,: ~ V ~ ;, " \' ! I ! ! I I ! ',..,,-........-..--... , , . " '. . '" ".", - - - .. '., I 1.',:' .,.C", d, 'HI' t, " ',' " . ,I: j", . ,..., " 'l, <, '_'.. _ _ , '. / >\ I" -- '-'- We would prefer that you have the developer change lot 43 to be included in your open space with which it is contiguous to the south, If they then changed the orientation of/ots 44 and 45 from N-S to an E-W direction with access frontage for each on Arlington Drive, they would not have to develop Hill and Dale Drive at all at this time. Significant cost savings would be realized from this as well as from not having to put stonn sewer under lot 43 or access it with sanitary sewer and utilities, or clear and fill the woods, Hopefully this would financially balance the loss of one lot from the pial. We had spoken with the developer before platting was done about purchasing 40 or 50 feet of this land for four or five thousand dollars, We feel they platted this in the current manner in order to sell the lot as a city lot for $48,000, We have infonned him that we are not interested in the land as a lot for that high price as we would never develop it. Thus this should no longer be an incentive to plat this poor building site as a lot. In closing, we would ask that you and your staff personally inspect this area, You may park in our driveway anytime and access the area from our yard. Our NE lot comer is about ten feet from the NE comer of the tree house, This would be the dead end of your Hill and Dale Drive. The SE comer of our lot is in line with the NW comer of our nighbor's tennis court, Bring your boots, We are sure you will see what problems this area would cause for us and you if developed as a stub street, stonn sewer, and building lot. We hope you will strongly recommend a change from lot to open space and leave this a natural wooded habitat for the wildlife that will be displaced by development of the other wooded areas in the subdivision, Thank you for your time. Please infonn us of your decision one way or the other in writing, Sincerely, CZM!/cf:' ~ ~.~ Gerald D. and Jane S, Monserud -~-"'" .-.- I~' " i' i' , ; I, 1: II: i' I! 1\ 1: ii il , ,,, 'l- i " Ii " " j; ; (i ': Ii ; 'I . , " I , I, ,i i': I !: '! " i i i I i I ! :1 I I I I : I I I! ! d . .'., .,. " I', ",' f'-' ,,', ;:,., ' "9 ' ';I t ",' ,", " "",' ,'.. , j ."" . ,', ", ., ,. . \. . I,: ',' _ _'1 '__: ", 1- '.' , July 29, 1993 "'\:~ CITY OF IOWA CITY Gerald D. and Jane S. Monserud 704 Fairway Lane Iowa City, IA 52240 Dear Mr. and Mrs. Monserud: Denny Gannon, Assistant City Engineer, and I would like to respond to the concerns you raised in your letter to the Iowa City Planning Office. The preliminary plat has bean revised . several times since you reviewed it when you visited the City Planning Office. Because of the concerns you expressed, Lowell Swartz, President of the Windsor Ridge Development Co., directed his engineers to relocate the storm sewer easement to the east side of Lot 43. The storm sewer easement is now shown on the preliminary plat aligned along the east lot line of Lot 43. The plat has also been revised to show a complete storm sewer system. The storm sewer will not empty out onto open space behind the lot of your neighbor to the south, but will be connected by storm sewer pipe to a storm water detention basin that will be located north of American Legion Road and west of what is now Owl Song Lane. Concerning erosion control, the City staff has paid particular attention to protecting the existing County subdivision where you reside by requiring additional erosion control measures to be taken in that area during construction of the Windsor Ridge development. Concerning runoff, Gannon has advised me that the developer is required to prevent drainage from running onto the existing Far Horizons subdivision. With the construction of Hill and Dale Drive, the developer would be obligated to provide stormwater intakes at the west end of the street on the Windsor Ridge property and to construct a storm sewer through Lot 43 to provide appropriate drainage for development to the east even if Lot 43 was not developed as a home site. Windsor Ridge Is designed to provide 32 acres of public open space between American Legion Road and Court Street extended. Because It Is anticipated that Iowa City will be accepting the maintenance responsibility for that quantity of public open space, the developer was asked to designate the open space along the west edge of the Windsor Ridge tract as private open space. Consequently, the preliminary plat was then revised to eliminate the open space Immediately south of Lot 43. The private residential lot lines have been extended to the west boundary of the Windsor Ridge tract. Some private open space has been retained to the south near American Legion Road. This private open area will contain a storm water detention facility, and will be managed and maintained by the Windsor Ridge Homeowners Association. 410 EAST WASIIINOTON STREET. IOWA CITY, IOWA 52240.IIJ6 '(ll') 356.5000. FAX (JI') lS6.!009 15~' , -, : , i, 'I: \ , ; , ! I, I:; ,!, I, ii' I' l' g " Ii ;j: , " \' , ,:1 : ,~ " il q i i , I I f I I I' ~ d ",' ~ ...., .... ,.". 1 I -,:-' , ':", ", -t ' , ", ' . '. , ' :'" 'f. /, " 'j<.:;.I., '" ,'<0;'" ,',"l..", ' . : " ,~,':~, ' ',' , , , , . , '.:,' -. -","~' ,,...,-: . \.' , '1 .1 Gerald D. end Jane S, Monserud July 30, 1993 Pege 2 As much as the City might like to do so, it cannot assure the retention of ell the trees on Lot 43. However, the developer recognizes the merket value of trees on residential property, end plans to develop the site accordingly, Tha developer has noted on the Grading and Erosion Control Plan for the Windsor Ridge Subdivision that: "All trees shall be saved and protected from damaga unless noted otherwise on these plans. Trees in the way of the proposed storm and sanitary sewer shell be removed only es necessary at the diraction of the owner's angineer to parmit construction of said sewer. Alignment of said sawars may ba adjusted in the field at the time of construction of said sewers to facilitate saving desirable trees. " City staff members hava had discussions with Mr. Swartz about revising the plat, as you suggestad In your lettar, to eliminate the construction of the Hill and Dala Drive within the Windsor Ridge Subdivision, and realign Lots 44 and 45 to face Arlington Drive. Because there is no open space shown immediately south of this area, Lot 43 would be incorporated into Lots 44 and 45 rather than being designated as a small island of open space. To date, the developer has decided to retain the preliminary plat as it was presented to and recommended for approval by the Iowa City Planning and Zoning Commission at its July 15, 1993, meeting. . The Iowa City Council will be considering a resolution on the preliminary plat for the Windsor Ridge Subdivision at its August 3, 1993, meeting in the Civic Center Council Chambers. The Council meeting is scheduled to begin at 7:30 p.m. Your letter and this response will be incorporated into the City Council's August 3, 1993, meeting packet. If you hava any questions concerning this matter, please feel free to call me at 356-5251. , , [ ! , , ~ \ II I if. r! Ii' " i I! I" ;.' " J/ 1:1 r " Iii " I'i I I I I Ii , I , Sincerely, ~c~~W&Q- Associate Planner c. Iowa City City Council Dannls Gannon, Assistant City Engineer Monica Moen, Sanlor Planner Windsor Ridge Davelopment Co. nl\mon..1Ud i. 15~' , .'.1 Ii """"". ~ ~ ~"" ""'~-: --~..... ~ ..-'.......- ........ ... - - - - - ~f"'" ... ,-. -' ,.. -.. ;....- 1.. . :(-,', . 'j=l. , . .; '[ ... " ,~::t :" ',' ,', ',f" , ,:~ '.1_.' _' ~I , :~V I , " ' : ,_: ~ ", :J!.- I'I'~ RESOLUTION NO. 93-211 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PARTS ONE AND TWO, IOWA CITY, IOWA. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises, flied with the City Clerk of Iowa City, Iowa an application for approval of the preliminary plat of Wild Prairie Estates, Parts One and Two; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary pial and recommended approval of same; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat Is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The preliminary plat of Wild Prairie Estates, Parts One and Two, Is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. It was moved by Ambrisco and seconded by McDonald adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: 11 X Ambrlsco Courtney x Horowitz Kubby McDonald Novick Pigott x x 11 11 Passed and approved this 3rd day of August , 1993. 4~ Approved by ATTEST: 7?1~/JI) J!. ~)'A) C'fi=rCLERK JjU\ 7 -;)'f, 7J ppdadmlnlto1dpflit,... 157tJ , " ): 1 ; : II' I, i I I Ii , . Ii, Ii + ! 'j .. i \ ;- f: " 'j' , , (., ) )' i Ii- " . 1: " , ", j: i , " i 'I I I , " , /', I ~ I " " ,\ , ',' ~ I :OJ' !: I :' t""7,' .:,-, "-'1' ,Lt.' ".,',' """ .' . ~ . -.. " , . 'I , ., . l, '. . '. . , r - ' , - ," - - / / ,(-'\, , j , -. - -,~ -- STAFF REPORT To: Planning & Zoning Commission Item: SUB 93-0013. Wild Prairie Estates, Parts One and Two GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: 45.day limitation period: SPECIAL INFORMATION: Public utilities: , .:: .~....",',...,,,. ...._....~.-...- '---'" ".'. -,-. , 1 \. , Prepared by: Charles Denney Date: July 15, 1993 Kennedy-Hilgenberg Enterprises 1811 N. DUbuque Road Iowa City, IA 52245 J.R. Kennedy Phone: 338-2182 Approval of a preliminary subdivision plat. To establish a 53-lot residential subdivi- sion. North of Rohret Road adjacent to the Irving Weber Elementary School. 18.76 acres. Residential, 2-8 Dwelling Units/Acre (out- of-sequence development). Agricultural; RS-5. North: Agricultural; RS-5. East: Residential; RS-5. South: Agricultural; RR-1. West: Residential; RS-5. Provisions of the Zoning Ordinance, the Subdivision Regulations, and the Storm- water Management Ordinance. June 24, 1993. August 9, 1993. Adequate water service Is avaltable. Sanitary sewer service Is not currently available. However, when the Wests Ide /S"Id -.-'-" <--- I 1 I , , , I. I' 1 ' I' I' I: I: I I: , ! , : , ; , I: , ~ i r I 'I \ I Ii Iii - il!' I: 'Ii,' Ii: -I) ~ i \ ~ I'~' I,! i; I' ! " '. ': ,i 1 I I ;' I , ;,,:' , ' ,,[ , , ;.~,,', ,I I, , ! i, ; ,. , '. ' '.. . '~. - I "t'-, '-:'1 ',J 1 . \ .' .. . ' . ~ ' ' ~~' -:',. . . :. .-:\ t" J. '~. ~~ . . . ,; '-, - , '1 . ----.. 2 Trunk Sewer Is upgraded, sanitary sewer service will be available. Public services: Sanitation service will be provided by the City. Municipal pollee and fire protection are available. Transportation: Vehicular access is available via Rohret Road. Transit service Is not currently available. Physical characteristics: Roiling farmland. BACKGROUND: At Its June 8, 1993, meeting, the City Council conditionally rezoned a 71.05.acre tract of land north of Rohret Road from ID.RS to RS.5. This subdivision Is a portion of the property that was rezoned. The conditions of this rezoning relating to this subdivision will be discussed In the analysis section of the report. ANALYSIS: Zoning Ordinance Comptlance The proposed subdivision Is an 18.76.acre tract of land located In the RS.5, Low Density Single. Family Residential Zone. All of the proposed lots meet the minimum dimensional requirements specified within the Ordinance for property located In the RS.5 zone. The Conditional Zoning Agreement approved for this property contains four conditions, all of which Impact the proposed subdivision. These conditions are: 1) the owner sh<lll pay all costs associated with the development of the property, Including those out.of-sequence costs usually reimbursed by the City, 2) the owner shall pay a pro rata share of the cost to upgrade the Wests Ide Trunk Sewer, based on the acreage of the property, 3) no bUilding permits will be Issued until the upgrade of the Westslde Trunk Sewer Is complete, 4) after completion of the sewer upgrade, the owner may obtain building permits for no more than 52 lots prior to December 31, 1995, or completion of the upgrade of Rohret Road, whichever occurs first. The Public Works Department Is currently working on the design of the Westslde Trunk Sewer. The City Council has Identified completion of this sewer project as one of Its highest priorities. However, the Council has not yet approved a Capitol Improvement Program which Includes this sewer project. Once this sewer project Is approved, the pro rata share for this development can be calculated and condlllons related to completion of this sewer project can be complied with. Similarly, the upgrade of Rohret Road has also been Identified by the City Council as a high priority. The proposed subdivision contains 53 lots, one more lot than can receive a building permit as per condition #4. The preliminary plat can be approved, but only 52 building permits will be Issued until either of the events stipulated In condition #4 occur. Subdivision Code Comptlance Access: Access to the site Is provided via Rohret Road, which Is expected In the long run to function as an east.west arterial trafficway. However, Rohret Road Is currently constructed with a rural cross.sectlon. The need to upgrade Rohret Road led to condition #4 of the Condlllonal Zoning Agreement, discussed previously. '.... /5'ltJ I i . , j . II" II I:: 11 I' I} '! if I' II I,.' 1\ I I.- 1,1 r, \ I " \1 I , I:' 1'1 I 1 11 . II- 'I I, d J , ..; " -- --"1-----". ~...... ~ ..-'...... --- ~.......-----_.-f".... ......~ ... ... _..--,-,r"""-.....-. i , ' ' , , .' " I - -. - .' \ -" ~ ',' 'jc...1 "I, f~:, .. .,;.,} ': . 'L ., " }~ . "-'.,U', . ':('1>.> . . : ,. - . -' . -. '.~ '. '!,>!., -,' --, / \1 J " ~_...~----~ 3 Street Patterns: The proposed street patterns provide good circulation between this subdivision and existing subdivisions to the east and west. Sanitary Sewer: Currently, no capacity remains In the Wests Ide Trunk Sewer, the trunk sewer serving this development. Due to this lack of capacity, conditions #2 and #3 were Included In the Conditional Zoning Agreement. Sidewalks: An eight foot wide sidewalk Is planned for the north side of Rohret Road. The developer is responsible for one.hall the cost of this sidewalk. This cost should be paid to the City up. front, and the City will Install the sidewalk when Rohret Road is upgraded. The proposed walkways to the Irving Weber School enhance pedestrian circulation In the area. These walkways are to be deeded to the Iowa City Community School District, and four foot wide sidewalks are to be constructed by the applicant. Stormwater Management: Preliminary stormwater computations need to be submitted and I: I approved. Also, the stormwater management area needs to be Included in Part One, or an ' ' i, I;, agreement to construct the facility concurrent with Part One should be developed. i: I'; , \ , I II/ STAFF RECOMMENDATION: .11 " Ii Staff recommends that the preliminary plat of Wild Prairie Estates, Parts One and Two, be II r 'i l' approved subject to submission and approval of preliminary stormwater computations, and , 'J resolution of stormwater management Issues. , i " , '\1 - ", , ;.: ATTACHMENTS: , 1': :1 I I'I 1. Location Map. Ii I 2. Preliminary Plat of Wild Prairie Estates, Parts One and Two. I ACCOMPANIMENT: I J I 1. Preliminary Plat of Wild Prairie Estates, Parts One and Two. ,: Approved by: ~~ Monica Moen, Senior Planner Department of Planning and Community Development I: ~ubOOlao! [I 157~ ! . --~----,-------------- . ( ;. ,f(~ 1(.;.," ,,' ''-1 :' 7t ' ' " . .' ",-' . - f -' I ,lr,_ " . . '. ':', LoeA TION MAP SUB 93 -0013 WILD PRAIRIE EST A TES GAL" . , , p Ii' \ Ii: Ii I ' , . Ii I 'f I ' !I " p 1 ' 'i I: " \1 I I, I' I:: q 55 @~I ID-RS " I , I Ii I ., .' I: , PD 5 I /5''ld . . . . , .l~_ .'",.. ~-:-~-f', 177' -d, "f.I{"/i ': " o. ': ,,'" ' j --. '..- . - 0 :- tj .... 1-< I!!i c(j illll'ill!!I!1 jIIPill!W! It. <sg ~ G (j) ii'ililijIJ!!li Ijl!!!I~j:111 c: ;ui 0 1/"'1,'1 ~ '1Idl!, ! 1'li"111/1 i \ Ji" II: 1111 r 1'" '1'1" '''1''1''1 , iill!'!:)UIi iiir:i,lliill:1 ~ i. lili[!lli!!Jlj:! ili,NII/IiI" 3 ~~ Hg i J,,'" II I ,II ~I'I !il'I'!)lll'!1 !:"dIIlUj1f 'el3i r~ " 1 cJ' I . Ulullilil!!Ii! illiJlillliJi! : ' ; i ;, , i; l I \ I' 'I Iii Ii I!; Ii !! I" " i!' / Ii /' I: ," , , i;" IiI !' ,I 1,: II I ( , I I , II " I I " i I " , "i "'If'''. - f}y ) ....,-~~ '""W\...... ~ ..-r..,....----- I,,'., ' .. t:':'/ ' P, j;:l '" I ,0 ,,' . , , " . U ~ J _ .- .,:. _. _'. \ ~', .,.'t'- .' . / , '1 \ ---.-" ._-. rYH; RESOLUTION NO. 93-212 RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PARTS ONE AND TWO. WHEREAS, on November 13, 1990, the City Council approved the preliminary plat of Whispering Meadows Subdivision, Parts One and Two; end WHEREAS, the preliminery plat of Whispering Meadows, Parts One and Two, expired on May 13, 1992; and WHEREAS, the City Council approved the final plat of Whispering Meadows, Part One on May 14,1991; and WHEREAS, the Owner, CB Development, Ltd., wishes to apply for final plat approval of Whispering Meadows, Part Two; and WHEREAS, final plat approval for Whispering Meadows, Part Two cannot proceed until either tha owner resubmits and the City Council approves a preliminary plat of Whispering Meadows, Part Two, or the City Council extands the expiration date of the amended preliminary plat of Whispering Meadows, Perts One and Two; and WHEREAS, Chapter 32.30 of the Code of Ordinances of the City of Iowa City provides that the City Council may extend e preliminery plet's expiration date upon subdivider's written request; and WHEREAS, Subdivider is requesting an extension of the expiration date for the preliminary plat of Whispering Meadows Subdivision, Parts One and Two; and WHEREAS, no new regulations pertinent to this development have been adopted since the 1990 approval of the preliminary plat, and circumstances in the area of the proposed davelopment have not changed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The expiration date of the preliminary plat of Whispering Meadows, Parts One and Two, is hereby extended to November 13, 1993. It was moved by MennnR 1 rl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X -X- Ambrlsco Courtney Horowitz Kubby McDonald Novick Pigott x ......lL -L x X 1~71 I I II 'Ii I' . I' , 'I I' ". '. /'" . ! I " , II ! " , ,.! ", r: . " " ! I .I " 'I i ,- ii I I I ;..,' I J' I ? ') , , \',1 " ; , " E "}"'I'i;;';l' ;'I<'~;'"..."t..,,'" .' , . '::, . ,tl "j~I" .~l' ,"Er " .. '. ,,', ,.,. ,. , / /\, , {. '''>':--:-~:..:.::.:._.- ---. . , .'l .2. Passad and approvad this 'Tn }'J93 .~. day of Approved by ATTEST: ~~~ -J! cJ!aAJJ CI LERK ppdldmin\whI'PII,ru - .."-...,,.,..... .','; --..'--. :jOL 7-;;'9-'/.J IS,7/ t . ....,~.j ! i i' " i 1 I I , Ii I' Ii I i: I' " I ,\ i 1 ! I j l I j " I I I I I I i I , I Ii! \t I ' ~ Ii I ii !: , li:1 :1 ! " :~ I: fl Ir; I .~. , . (j <i 'I, r I "''',',1 . /:d::,,' ! .' " ,'.t' " (':,' I, d " 'IIff',. . ----- ~ IJ) \ "",--~,-. ~...... ~ ..-'--,." ---------~. ....- --- - -f ... ... -;-- ...---.... , T r, i . " . "I ,',: 't-/ '::J Li' "":1:(,',' ': ' ',,': ,', "j', ,'Ii " . '. '.' " . . I" , _, , l " __ . _' 1" 1- '1 " ---'-'" - City of Iowa City MEMORANDUM Date: July 15. 1993 To: Planning and Zoning Commission Melody Rockwell.~e Planner From: Re: S-9018. Whispering Meadows. Parts 1 and 2 CB Development Ltd. has requested extension of the preliminary plat approval of Whispering Meadows, Part 2. .The 26.31 acre, 171 lot preliminary plat for Parts 1 and 2 was approved by City Council (Resolution 90-212) on November 13, 1990. According to Section 32-30 of the Iowa City Subdivision Regulations. approval of the preliminary plat shall be effective for a period of eighteen (18) months. The expiration date for the Whispering Meadows, Parts 1 and 2 preliminary plat was May 13, 1992. CB Development Ltd. submitted Part 1 of the Whispering Meadows Subdivision for final plat approval on January 17. 1991, and received Council approval on May 14, 1991. approxi- mately one year prior to the expiration date of the preliminary plat. To date, an application for final plat approval for Part 2 of the Whisparing Meadows Subdivision has not been recaived. Section 32-30 of the Subdivision Regulations does provide that, upon written request of tha subdivider, tha Council, by resolution, may grant an extension of time for the effective pariod of the preliminary plat. The aoolicant has reouested that the oreliminarv olat aooroval oeriod be extended to November 13. 1993. Although this is twice the minimum effective period permitted by Code. staff views the request as reasonable. There have been no significant changes to the Subdivision Regulations or adoption of other applicable regulations in the intervening period to warrant a re.evaluation of the preliminary plat for Part 2 of the Whispering Meadows Subdivision. STAFF RECOMMENDATION: Staff recommends that the effective approval period of S-9018, the Whispering Maadows Subdivision, Parts 1 and 2, be extended to November 13, 1993. ATTACHMENTS: 1. Location Map. 2. June 23. 1993, Request Letter. 3. February 27, 1991, Transmittal Letter. 4. Resolution 90-212. 6. Preliminary Plat. Approved by: ~~ \lll'tjll..9018,1l"I Monica Moen, Senior Planner Dapartment of Planning and Community Davelopment /57/ - 1 ~ ! , j , ! i: I, Iii I']! " I t' \ fi Ii" I' Ii, I' Ii J': (: i I, i I . .I I " ,r Ii i " ('" "-',' '7"':"'" . '~-, ""': "":.'~"" .:" ','. ,Lf" j(;.;~'u, ,~t. '_~,--,.,.,', .', ',:" J:..:... '":,,,:. ..'~f., '~..' ',:'-,-,"" . .~.L,l Location Map 8-9018 ,""OCTU . G'.'L( II \ \ mu HE z . - .. I I I, . ~ I, :1 Ii 1, ,I I II t., :j' I II' I P I Ii I; I i: I, j: I I !,: G~ANT . , Wooo p __ SC~OOL ,.,. Ii I I , I Ii I, i: . RFBH .....*~....... I , I --.. /5?/ ..: f r !! ~ , ~ , ! " ,", " 't'::':,,' , j=1. " i_I. ' ::]" ". " ~,. 1_. :~'.' ~; J ,.:,J. " ," 1 !, ; PHELAN, TUCKER, MULLEN, BRIGHT & WALKER ATl'ORNIlYS I\I LAW WIWAM V, PIIBLAN W1LlJAM M, TUCKER CIIARLIlS A, MlILLEN S'lIlPHIIN R BRlGIIT BRUCH L. WALKER RlOlARD M, TUCKER THOMAS H. GBLMAN SI'IlVBN R. REGIINWIlIllBR GARY J, SCIIMlT MARGARBr B. POJ!PSHL }UUB L, PULKRABEK JOHN B, BEASLBY 321 MARKET P,O, BOX 2150 IOWA CITY, IOWA 52244 LOUIS SHULMAN (1908-1982) OP COUNSEL DANIEL W. Bona June 23, 1993 PAX: (319) 354-6962 TBLEPHONE: (319) 354-1104 n:1iIo'-=IUV!::\) JUN 24 1993 P.P.D. DEPARTMENT city Council City of Iowa City Civic Center 410 East Washington street Iowa City, IA 52240 Mr. steve Atkins city of Iowa city Civic Center 410 East Washington street Iowa City, IA 52240 Ms. Karen Franklin Director of Planning and Community Development city of Iowa City Civic Center 410 East Washington street Iowa city, IA 52240 Re: Extension or Preliminary Plat Approval Whispering Meadows Subdivision - Part 2 Dear Mr. Mayor, Members of the council, Mr. Atkins and Ms. Franklin: CB Development Ltd. hereby requests an extension of time within which to submit a Final Plat for Whispering Meadows Subdivision Part 2 under the Preliminary Plat for said SUbdivision approved by the Council on the 13th day of November, 1990. CB Development has not proceeded with the development of Part 2 prior to this time due to the fact that the demand for lots in the area did not justify proceeding into the Part 2 development. However, in recent months the demand for lots in the SUbdivision has been strong and the Developer would like to proceed with the installation of subdivision improvements in Part 2. Accordingly, C B Development requests that the ..,:....". "..:"..... /S7/ J , ; " .1 ; , , , . , i I ; i , ' \ ! :J I I: 'i, I J! 'I, 'I, ,:i; I' , , i i ,:1 ~ : , ' ~ . : , , , , ,i ; I l: ! I' 1\: ,i , ,I " I' ,I " !I,: J" 'I" . 'Ii I! , ~ 1\ T i,' 1\ , j: f. ': , i 'I I I , I i " ,( , : , , , I , "r ': ! . ~'_! ' " , .' ,. o. r ' 't-/':"'" "I ' . f I' "Lt '".;,,-' ' " , j~ ,- .. ' , , , '. . '.',. , ' . '. , .I , " :' . -. ,-' :." I "r' " / !~ '. ;' 1 ~, , '," -----;... --------~-. --~..-.. - 2 - Preliminary Plat approval be extended pursuant to the provisions of Section 32-80 of the Iowa City Code of Ordinances to the '13th day of November, 1993. CAM/lm cc: Larry SChnittjer MMS Consultants, Inc. 465 Hwy. #1 West Iowa City, IA 52240 Carol Barker 2002 Dunlap Court Iowa City, IA 52245 --'0"'.,;".;.-_..1",-_",---",,---,,, .......... ."...,....... GlJ:C~; Charles A. Mull Counsel for CB D (.r(" "-~'- /5'7/ .............' - '., ) i \; I . i' ;' I: I: ,: j: ;'i !j I; i' i \ ~ , I Ii I " I :i !i :: ,- \ I! i :\1'7 (J i\' I.: I; I. I I I " t,_ I :( ! i. ; , , (- ':' "'t-:-I : ;~f~' \~l " "'!~ -. ,.' " , ' , " :, ~', .' ,_. __ "J.", ~_, " / / >\ , '-j' -..,~.~--- ---.-.. ,--- " February 27, 1991 .~ ~&, CITY OF IOWA CITY Carol S. Barker CB Development 2002 Dunlap Court Iowa City, Iowa 52245 Dear Ms. Barker: On November 13, 1990, the Iowa City City Council unanimously approved the preliminary plat of Whispering Meadows Subdivision, Parts 1 and 2. A signed original of Resolution No. 90.212 Is enclosed, ' I understand that you are proceeding with the final plat for Part 1 of the Whispering Meadows SubdivisIon, Please be advised that approval of the preliminary plat Is effective for a period of eighteen (16) months unless upon written request of the subdivider, the City Council grants an extension of lime. I would like you to be aware that if the final plat of Part 2 of the Whispering Meadows Subdivision Is not filed with the City Clerk by May 13, 1992, or an extension Is not requested/granted, all previous actions of the Council with respect to that portion of the plat shall be deemed null, and void. Please feel free to contact me at 356.5251 If you have questions concerning the above Information. Sincerely, ~t'fe~..~O<L Melody Rockwell Associate Planner bdm3-3 Enclosure cc: Charles Mullen Larry Schnlttjer Don Schmeiser .o..1'I&. c.h..~-k..l'ISo"l') .~.. "-. .', .....~--'" ' Carol :R...I;Uo. PIlONE II III 11I.1000 FAX,IIIII'HOOI IS?/ .....,.". - ! , : i , i , ! i , I: \ I I i III \ j I , I , :1 1 , d J ! , Ii i' q, \ , Ii I" i :! " . :i I: , i ~ . , , i , ~, i " , :1 i'; i , , " i , I ; I , I l- I i I I i , I , j' ! il ,I d ""9\...... ~ ...-, ......- - .........-- --- -T~ ....."'III!"I "'--.1 r ...,~~ I - ,- '''1 r: .t"::," -I' 'l~ "'I'~" ' " ,",' ':,:,.,,'.,... "., .,. ", (;.; , '," ' '.' I " , ' " , . - .. j " ,. " \ i' "....... ' ,.....;- " ',,1 I. t ~ P-': '", ,'." RESOLUTION NO, 90-212 RESOLUTION APPROVING THE PRELIMINARY SUBDNlSION PLAT OF WHISPER. ING MEADOWS SUBDIVISION, PARTS 1 AND 2, OF JOHNSON COUNTY, IOWA. WHEREAS, CB Development, Lid" contract purchaser, has filed wnh the City Clerk of Iowa City, Iowa, an application on behalf of property owner, Bjornsen Investment Corporation, for approval of the preliminary plat of Whispering Meadows Subdivision, Parts 1 and 2; and WHEREAS, the Department of Pianning and Program Development and the Public Works Department have examined the preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission; and after due deliberation, the Commission has recommended that the plat be approved subject to: 1) the developer obtaining verification by the U.S. Army Corps of Engineers of the boundaries of the Corps-deslgnated wetlands and obtaining any and all permns from those federal and state agencies having Jurisdiction over wetlands, prior to the approval of construction plans, 2) the dedication of the wetlands and the surrounding area as shown on the preliminary plat and labeled 'Proposed Prairie Wetlands Park," consisting of 17,76 acres more or less, and the Installation of the looped pathway as shown on the preliminary plat, 3) that the developer provide a ten-foot wide pedestrian easement at the far east property lines of Lots 107, 108, 109, 110, and 111; such easement to be Included on the preliminary plat, and 4) the developer agreeing that no less than 50% of the dwelling units constructed on lots within the subdivision shall be offered for sale, for at least 90 days, at a price at or below the then-current FHA loan limit for the City of Iowa City, Iowa, provided that the City agrees, regardless of the City's policy with respect to out-of.sequence development, to reimburse the developer for those development costs which would normally be reimbursed If the development were not out-of.sequence and that such agreement concerning the offering price of the dwelling units within the subdivision be Incorporated Into the standard Subdivider's Agreement to ensure the developer's compliance therewith; and , \ I II " a " \; I' J I I " I I I , I I! ): l'l (. I! .. I I :f I , I I , I I i II I " i WHEREAS, the City Council finds It In the public Interest 10 subject Ihe approval of the preliminary plat to additional conditions; and WHEREAS, the preliminary plat was found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary plat or Whispering Meadows Subdivision, Parts 1 and 2, Is hereby approved subject to the following: ! I a. Conditions 1, 2, and 3 contained In the Planning and Zoning Commission's recommendation; b, Condition 4 contained In the Planning and Zoning Commission's recommendation, amended to read as follows: 'The developer agreeing that no less than 50% of the dwelling units constructed on lots within the subdivision shall be sold to persons who, at the time of purchase, certify that they Intend 10 occupy said I IS'll I') ."......... - I !i , ~ " , , ~ I - '1 0; . , , ' " , r . -" - ' I / -t ' , " , t I'" 'd · ':I ." . ': ':, 'j '-" ,'.", .,'" , , . J' _. , ,;,' ,- I ,-' .. , , '1 I" Aesolutlon No, 90-212 Page 2 c. dwelling unn as their principal place of residence, at a price at or below the then-current FHA loen limit for the City of Iowa City, Iowa, and that such agreement concerning the offering price of the dwelling unns within the subdivision be Incorporated into the standard subdlvider'~, agreement to ensure the developer's compliance therewnh.' An additional conditJon that the legal papers accompanying the final plat of the subdivision contain a provision for a perpetual homeowners' association designed to maintain the neighborhood greenspace created by the remnant property located In the southeast corner of the subdivision, circumscribed by Primrose Place, " 2. That In consideration of developer's above-referenced agreement regarding the pricing of dwelling unns constructed on lots within the subdivision, Ihe City Council hereby agrees to reimburse the developer for those development costs which would normally be reimbursed If the development were not out-of.sequence. 3. That the Mayor and City Clerk of Iowa City, Iowa, are hereby authorized and directed 10 certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law. it was moved by Courtney and seconded by Ambrisco adopted, and upon roll call there were: Ihe Aesolutlon be AYES: NAYS: ABSENT: X Ambrisco - '- X Courtney - -L - Horowitz 'x Kubby - X Larson - - -L McDonald -L - Novick Passed and approved this 13th day of November ,1990. f} ATTEST: ~~tf.t.J i!. .;(aAAJ C LEAK ppdadmln\wh~moad,ros /5?/ -~-'~" .-.- " , , \ I 'I , i I, ~ I, II: \ Ii Ii I,: ,I Ii II, !I If !' , !I \: . I i': :1 " , f: i I: 'J ! ; " ! I I I I , , I I j , , i ii 1 ~' : i " " I , ' , Ii, I, ! " ; : i' I' ! ' i I 1- , ' I I ; 'I " , , , ........-...--"""WI.,,---- f' , '-' "-,.' 'y" . IY- ' " " " ^'. ' ." L'I'", 'I~' , " :,,'," " " , "", ';"'~ '_0' "..:....",.. 1', '" ~- ,," " 111/ < ~ /-;(I//\II~~~ //~/ 1'[" ,"" /:-(/IJf \1 I !i~ //;.~. ~~/ I ~ I: ~J /// ~;' ""- I :II ~ 111/.' 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'" ':' ~ I ,,- I l. 1'iJ,;;'Ir, I n\\\~ -~t~ ."'~', I 'J,.;'fJjl VI \ I I I" I _"), \ l!.~t. 'p \'''~i- , 0' "1-'::: l '.loAJ/I, I' I' UB~ 'I " ~ I I 1 I I i~-'.' 'ii~'f- ~ , '0 ~l ~ ~ ~ 1;4 '/2 .. I I \ \G:~~tv I I"'~(x.", I>--.L--l-__ \~: 14&"'l! II ~~.J~ . ....;'j ~ ~~, l' .I~V~ 1ool~01 Ib2Ji03~ .i'l/.--/,,, I, I : \~~/../ ,', '<. !~ ~ --::::-1. ~ll'\'tIO_~:.-..~..,1. '.I41~, I"~ 4..,,,> I I' I "" \): \' (' ./ /' , , .,... r~~ ':""~i ; -T \.... 13.ll;: ~':'J.. UJ~'.':'; '-~~!.... A(;.' 0 1 I ", ",-,\~ 1'.'11 ';..'" .....~ 1.1:..........148 . 'I 138 ~ , ~.t:.\.. t':i I'n. l!~ lI/I05 In I 1 ( '''~ '...y I',' \ ...'" 1.It,lq-_... 1. '1 ',j....;; .. ., . ~'i'\; '~" "UR" I "'t"" 'Iii, ~~. ., .. ," 10S ""'1'" ,\1.'\/ f '\ ':( \ \',j ......: ..... \ '47',' "v';" i~ \ ~ \- ~.'I01l t'~,~~t:~' '" ,~' ,~I: ...J...\<.>ll / I' I " I' I n- --11 ....".,...--..... "1'. 1 ~-'U'~f ~J)~-"1 03~...~~,t==fH /\1' ~y. 'y""',.", ----.-'V ,~ ~l qJI;~lli"l2V1t~'t. ~O~I' ~'_.......IL_t..~ ,//'..1.... '''..... '>-q'11 ~j~I~8 .rl~?14o ~'~1 ,lfi.... ---:'1 "t.I.r~ ~\~ll~e","\~,t~l, '\' '"f,..... I / /0" ~':! I '~ \l h '" . 123 1 . ')'1'i'o}~ ,,"roI;;'Dil....r.. \-... ~ 1'1 '.1 \ I (", L/ / ',,," Ii",' "'l'''-.. ~ ll' '~r 1',"11 ~~,.;;.., '~"''''ol: . ~~" wi 1,/,,--,--, -I' l\ ", '" "'''~".. - ""'~ ~ , /" I r"" ';"':"':"NT ': ""I.... r),). l._____, ,-. - ~(~ Lt.'" . !t; ,f.i' l~hEL~::lil ' : ,,~"'<q.. l"i' H' ' 'C" '!lo,_....."\,,' ;.-.~.i.,;\, ". -.I - 'j ~ I, ,117, --0; ~ 1"';l-~tS ",: : --,- ....:.... - ':7=--\ - -~~ . .....~'t~ :1,. 't '", ......],f'..~,~i-I.\ .:' '" ~,~ I'~ )/111J ';~~}~:~~~':\:' . ,,~ f'h:h - '!t",,-.::r -C_-..r~~: = _'.\V" \ 'I: , I!~ " ilY:l~' ,.I A. ~ ~iI :lJ . 'I.: ~~~ "-,r'.I/ .>m;;-.-:-- \ "m,,'.2:"ht,~..~P'1.~//.......l~I\I' f .J~I~ - "II"'" -~~ .' "1. '. ~IJ1Hitl'( .' ... ,/, """ r S-9018 WHISPERING MEADOWS PARTS 1 and 2 SUBDIVISION s " n i, ~ Ii II I. I' \~ , , ,. ii, , I Ii I !' i r ~ I, \ Ii 'I 'I I': I, iJ II Ii II ,I II 1\ i' 'I ~, i , " !\ " --- --- ---............ ---.- -~. . ... "",.."r ........ ----..,~"""-~--; -.. ~ 11:-'.....-- '\." ...~- ...~~. t"'- -, \ '. f"" j=i, L~i" .(t, ," ,. ' ;' j f_. ~ _'. "I.' ',. ' . . / /,,\. /' 1 > {. - --- .....-.------ ---....--. . I , , 1Y1./-~ August 3 1993. :'1 H " i' il ii II , The City Council of Iowa City, Iowa, met in Regular session, in the Council Chambers, Civic Center, 410 E. Washington street, Iowa City, Iowa, at 7:30 o'clock l_.M., on the above date. There were present Mayor Courtnev , in the chair, and the following named Council Members: Ambrisco. Courtnev. KlIbby. McDonAld. Novick, Pigott I Absent: Horowitz I , i ******',' f I' I, \ Ii !I II! I:: \i ~ r q '_ !I ' " , I I I I I 1 i, 1\' 'j II I' , , 'l'~ ' Ii He 'r , , , , l t L I ,I' ; I' i;' , i I I I' I I I " -1- ',I, ""O""'IYI AT LAW 011 W01NUIOWA , i " , I i\ AIlLE~ roomy, DORWEILER, IIAYNIE. SlIml & ALLBEE, PI: i , I. '! "; ...... '. JS'7"\ ..........". I. (I \1 T,:_ --., ""If"'P" .... ._"" -~. ---.--- ~ ..-.'..." ,,- ~ ~""""-----------"'-----f"- ........- . ""_..---,---.r-'..,....---~ '. ...--' . T'" "R , , (, . ' , t-/"', 7"" C, : I-t ,:b'"", , . , 'je..; -,.' '- , , : - ,',' . ..',,' . . -. -- . , .:. _~ _. ,---c-,' ,- I , ':'J \ ~. ......-..---.....-- ----.. '--. The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of general obligation bonds in order to provide funds to pay costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring; a general corporate purpose; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. , t, ill \! I ~ i I Ii II' I:: k :1:\ ~ I: .1 I': i (~ i i, I I 1'1 I I 1/ , , I I -2- " I AHLERS, COOSEY. DORWEILER, IIAYNIE, Sllml & ALLBEE. P1:. A"D~NIY'ATU.W DI'104DIHII,IDWA :1 "1 - .-.."',... /577 '. " ;.1 \', " HI .. -----:--~~ ';'WiiW,,- ........---- -~f"'" -.., ....- .T .,~ -- \ '. ,.," ..~... ...,: :', t':'" /~I' ,C ' Ct ,', " , ",:~:, - , I -t'" V ' , :, t. _. . ,_: " ,~,' 'I'" . r' ' .. . ' , / '1 ~, '-~~ Whereupon, Council Member McDonald introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: Lxxi that the Resolution be adopted. 1--1 to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of , 1993, at this place. Council Member Ambri ""0 The roll was called and the vote was, seconded the motion. AYES: Courtnev. Kubbv. McDonald. Novick. Pigott. Ambrisco. NAYS: None Whereupon, the Mayor declared the measure duly adopted. RES. NO. 93-213 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of reconstructing and improving the Robert A. Lee Community Recreation Center including reroofing and replacement of flooring, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. -3- A1ILER> coom, DORWEILER, IIAYNIE, Sllml & ALLBEE, I!C. AnOIl",nIAl'VtW OU10401'''1I.10WA 1577 ) , , '" dlltl1l ., i I I; I :' , . i' I: i ~ I I I , I , 1 1 ! , I, " I, Iii , I , ! , ,I ,; IF 1'1 /l I' r ri I II ,I II " I ,I I i 'I I , :1 . , ' I I' I t-" -, 't I-t ,,', ",: >, i:.:., ' , ',' " , " j 7t, ' " "",: ", ; _'. - I ' __, ' '-'_. '.' / .,\ " I ~. ~---...~-- --.-. - , Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 3rd day of 1993. ATTEST: AIlp,'IIRt- -~~4 ~ayor ~A<J ,1(,. .-I6AA-l Cl k " ',', a107140J.lnnrll12l919 -4- AlliIn. COONr.v, OOnWr.II,r.n, IIAVNI~ SIIlTII & AI.I,nr.E, ~: 4nO.Nln"'~AW DI.~OIN".IOWA /577 I j: jI Ii ", I, I;i 'I Ii it I, q ,I: "i , ~! I: '!: 1. \ i:t I: . }:j ':'1:; , 1:1 , I ! I " " : :,. ,': ( \\; I I \ I j \, . ~ , / '- '" - 't" - ~ ",'. ' , , I "'/ ' , ' , '(;..; , , , .:,' r.l 'j,.'," ~' , , .' ',.., , , ' ;.' _ ,_ _ .1 I , / , \1 ( _ ---..... CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF JOHNSON SS I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly , designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed' of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective posi tions. WITNESS my hand and the seal of said Municipality hereto affixed this 1rrl day of Al1gl1"~ , 1993. 77(gA~'d4..J -f. /d-vJ City Clerk, Iowa City, Iowa SEAL c107l40JOmu0707414 AllLERS, COONEY, OORWEII,ER, IIAYNIE. SlIml & AllUEE, I'.f: A"O~HlnAfLAW ou llorlolll.IOWA ',,," .. /577 ----'. .-- : , , II i \ i , \ , ) I' ) i!, , .I It I~ :.~ II !'~ ( , ! I f!. ( /1' I II. , ~. . , , , , , li i . . ,I . .., " . ,.,.,' '.' r r I ,'- - _.' " t " I, f t ' , .' , ~ ',-, ' , ' " , " _ \ I.. .' ., .' !, g" I 0 _c. , , a _. \ ,_ _' ,.... .. /~,- .. / /""'1 ,J r -. --~. ......-.-.----.. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: August 3 , 1993. Time of Meeting: 7:30 o'clock L.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $700,000 General Corporate Purpose General Obligation Bonds. Public hearing on the issuance. - Resolution instituting proceedings to take additional action. 7n~ ~ ~A~ City lerk, Iowa City, Iowa , , ~ Ii I! " 'I ii Ii i; , ! 11 ,; " i , ! H ..' il ,. Ii' I: "I; II i " !! ;1 I I I I , Such additional matters as are set forth on the addi- tional 16 page(s) attached hereto. (number) This notice is to Chapter 21, Code governmental body. given at the direction of the Mayor pursuant of Iowa, and the local rules of said I ; , I, ATTO.UIUATUW OUWOINII,IOWA ?os~~! 7'J..q~ 3:~D;>.~, GI= ~__d ~.oj.qJ i:,o /(,,\ sF 1571 :i AlltERS, COO~EY, OORWEII,ER. IIAYNIE, SIIlTII & AttREE, p.c. ( I ), '.^".'{ " , \ \ ~ \, "-- "'IIC'''. I , i ;: \\! " ..... ~ ~ ~, ~~ . (' "t-," ' ' -Ii ' t~' '-~' .' " ,'" ',"', , ,'..~,' , ':, '''', j/;o;, .',,' _ '. ,\:' '_. 1,_, _.,,' .~_ . , _____,'.- , / >-', , , ,I ..._.-.~-- ~~ ~ . fY\~J RESOLUTION NO. 93-214 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATIOM 01\1 THE ROBERT A. LEE COMMUNITY RECREATION CENTER. WHEREAS, T & K Roofing Co, has submitted a bid of $336,300 for the construction of the above-named project; end WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation and the engineering consultants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the above-named project is hereby ewarded to T & K Roofing Co., subject to the condition that awardee secure adequate performance bond, insurance certificetes, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to ettest the contract for the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: -L- Ambrisco -L- Courtney x Horowitz X Kubby - -X-- McDonald -X-- Novick -L- Pigott Passed and approved this 3rd day of August ,1993. ATTEST:~~~) .J( ~AAJ CI CLERK ~ APpr,oved L ity Attorney's Office, / ../. ~.,2.Sff3 --- parklllc\foof.wrd"u 157'1 i I I i , ; I i: i' I I I, , " I \' Ii I I I, : ! I ill \ ~ !i ,Ii r; I" !( . ,'/' I" " .. 'I ,';' ,i ,,:. I; 't,' 1.'- :i I': II I.: I I " I r . I' i .' .' :1 " I " 't"':," '," -:." ',' 't " . 'Id: : " ,'.' . , : (;,,;.,' , ' :-J ;'\V' ' ", > " ';" _." j_.., . _' ,I _. , ' , , ;' ,/ '1 " .--.... .--. ~" . r~' ADVERTISEMENT FOR BIDS . FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION rftIvtiJ d ON THE ROBERT A. lEE COMMUNITY RECREATION CENTER PROJECT IN THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City 10 gl~ q3 Clerk of the Cny of Iowa Cny, Iowa, unlill0:30 A.M. on the 13th day of July, 1993, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held In the Council Chambers at 7:30 P,M. on July 20, 1993, or at ~ ! such later time and place as may then be sched- . , uled. I, " fl The Project will involve the following: I III The removal and replacement of the roof and Insulation on the Robert A. lee I, Communily Recreation Center In the City r - n " '" of Iowa Cily, Iowa. , " 'I' , ' I, Ii All woil< is to be done In strict compllarice wnh i the plans and specifications prepared by Shive- j' " Hattery Engineers & ArcMects, Inc" of Iowa Cny, " " Iowa, which have herelofore been approved by i' I f: ! I the Cny Council, and are on file for public exam/- I '! Iii nation in the Office of the City Clerk. Ii I Each proposal shall be completed on a form . II furnished by the Cny, and must be accompanied i: , I In a sealed envelope, separate from the one Ii' containing the proposal by a bid bond executed !I by a corporation authorized to contract as a I surety In the State of Iowa, In the sum of 10% 01 I, , l! the bid. The bid security shall be made payable I: t' to the TREASURER OF THE CITY OF IOWA I CITY, IOWA, and shall be forfened to the City of I Iowa City In the event the successful bidder faifs to enter Into a contract wnhin len (10) calendar , days and post bond satisfactory to the City , , Insuring the fanhful performance 01 the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained lor a period 01 not 10 exceed fifteen (15) calendar days until a contract Is awarded, or until rejection Is made. Other checks or bid bonds will be relurned after the canvass and tabulation of bids Is completed and reported to the City Council, The successful bidder will be required to furnish a bond In an amount equal to one hun- dred percent (100%) ollhe contract price, said bond to be Issued by a responsible surety ap- il proved by the Cny Council, and shall guarantee the prompt payment 01 all materials and labor, 1571 . ,':..,.......... . , , I, t--" '-I 't',' '1-, ',',', " "', " " ." <.:.;;. ", \ .' ." , I ,,) . ' '. t.., 7r,,' ,~., ,'.'.. , ': '_" '1 . .~, and also protect and save harmless the City from all claims and damages of any kind caused directly or Indirectly by the operation of the contract, and shall also guarantee the malnle- nance 01 the Improvement for a period of !wo (2) year(s) from and aller Its completion and formal acceptance by the City, The following Iimnatlons shall apply to this Project: Completion Dale: October 29, 1993 Liquidated Damages: $100 per day The plans, specifications and proposed con. tract documents may be examined at the office 01 the City Clerk. Copies of said plans and specifi- cations, and form of proposal blanks may be secured at the Office of Shive.Hallery Engineers and Archnects, Inc., 2122 ACT Circle, P.O. Box 1050, Iowa Cny, Iowa, 52244, Alln: Terry Simmons, by bona fide bidders. A $50 refundable fee Is required lor each set of plans and specijjcatlons provided to bidders or other Interested persons. The fee shall be In the form of a check, made payable to Shive-Hattery, Prospective bidders are advised that the City of Iowa Cny desires to employ mlnorny contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties wnh whom the bidder intends to subcon- tract. This list shall Include the type of work and approximate subcontract amount(s), The Contractor awarded the contract shall submn a list on the Form of Contract of the proposed subcontractors, togelherwnh quantities, unn prices and extended dollar amounts, II no minority business enterprises (MBE) are utilized, the Contractor shall lumlsh documentation of all reasonable, good faith efforts to recrun MBE's, A listing of mlnorny contractors is available at the Cny, and can be obtained from the Civil Rights Specialist at the Iowa Cny Civic Center by calling 319/356-5022. By virtue of statutory authorny, preference will be given to prOducts and provisions grown and coal produced wnhin the Slate of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes, The Iowa Reciprocal Preference Act, Section 23,21, Code of Iowa (1991), applies to the contract wnh respect to bidders who are not Iowa residents, The Cny reserves the right to reject any or all proposals, and also reservos the right to waive technlcarnles and Irregularnles, Published upon order of the Cny Council 01 Iowa City, Iowa, MARIAN K. KARR, CITY CLERK po1w"""""i ~ ---.-... .-- /57' : i i ,., . i Iii I I " ! I: " II' 'I " :, II I: I' Ii I 1\ f" '!i 1;' I;; !: II I i 'I j I , ,I , 1 'I I I, I I i" ,i '''''j ,I \d , . ( ,'" ".... , - ' I " '..: , " , , f' ,d.- t ' ,"" " I " C " I . " .. :'. -' -'" ....,' " , ,I'.' "~ '. ' . I / , , , '1 j y "- -----.. ._~. ~) Ill, RESOLUTION NO. 93-215 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1993 ASPHALT RESURFACING PROJECT. WHEREAS, L.L. Pelling Company of lowe City has submitted the best bid of $813,211.50 for the construction of the ebove.named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the contract for the construction of the above.named project is hereby awarded to L.L. Pelling Company of Iowa City subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by >.frnnn"lrl and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco - -JC- Courtney x Horowitz --X- Kubby --X- McDonald --K- Novick X Pigott Passed and approved this 'h.,1 day of AlI~lI~t ,1993. ATTEST: ?!r~/JU .1: ~ CIT CLERK ~ c:i;~ , ~~d C' y Attornay's Office Y 1~~9..!l --- pWIng\pelling.lll 15ft' i " I, I. I I " j I: I , 1 I I , . i I I ii j: Ii! \ i I ,I I /1 " ii, , I' I: i i " " Ii .1 If " I " I, , - I) .; ~ H '-~ , i':. I' ,. ",ii: , I, I , I, " 'i I I I i \ t, ,j ! f I J II, / r ,. , '!; , , ,,-' 'I \?J ' , ,',.,~ " I ", ' "t-,,' ::};-'--:-;f~";;t " ' ,",',', , , ". . --I "'" I, , .'.-.. '.. 0',,'. ., . ,'.: _.,' - ,'-',', '7' , ;, \1 t , -"'-'-'.. ADVERTISEMENT FOR BIDS 1993 ASPHALT RESURFACING PROJECT Sealed proposals will be received by the City Clerk of the Cny of Iowa Cny, Iowa, unlill0:30 A.M. on the 27th day of July, 1993, and shall be received In the City Clerk's office no later than said dale and time. Sealed proposals will be opened Jmmedlately thereaffer by the Cily Engi. neer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the Clly Council at a meeting to be held In the Council Chambers at 7:30 P.M. on August 3, 1993, or at such later time and place as may then be sched. uled, The Projeel will Involve the following: 12,900 tons of asphan, 64,265 sq. yds, of pavement scarnlcation, 5,400 IIn. ft. of curb repair, and related work, All work Is to be done In strlel compliance wnh the plans and specillcations prepared by Richard A, Fosse, P.E., Cny Engineer of Iowa Cny, Iowa, which have heretofore been approved by the City Council, and are on file for public examination In the Office of the Cny Clerk, Each proposal shall be completed on a form furnished by the Cny, and must be accompanied In a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contrael as a surety In the State of Iowa, In the sum of 10% of the bid, The bid securny shall be made payable to the TREASURER OF THE CllY OF IOWA CllY, IOWA, and shall be forfened to the Clly of Iowa City In the event the successful bidder falls to enler Inlo a contrael wnhln ten (10) calendar days and post bond satisfaelo/}' to the City Insuring the fanhful performance of the contrael and maintenance of said Project, II required, pursuant to the provisions of this notice a!1d the other contract documenls, Checks of the lowest two or more bidders may be retained for a periOd of not to exceed IIIteen (15) calendar days until a contraells awarded, or until rejection Is made. Other checks or bid bonds will be returned after the canvass and tabulation of bids Is completed and reported to the City Council. The successful bidder will be required to furnish a bond In an amount equal 10 one hun. dred percent (100%) of the contract price, said bond to be Issued by a responsible surety ap- proved by the Cny Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmlass the City from all claims and damages 01 any kind caused AF.l Isr' -_'_"_h. '_.0 Ii , ( ,~ Iii Ii I,: - il 'I 'I' 1:, i :.' 'r , t " II f, I' II I i I I I , I I I I I , I I I I I 1 , .f 'i I I 11 'I ,Ii \! - '1 --. ,,-- qa, ..-' .....- -- .... ~,'.' . rt, j~l. t~'" Ft ::', "', ":~ ',; '-', - '.~', ~', .~. / / '.1 I 'i' directly or Indirectly by the operation of the contract, and shall also guarantee the malnte. nance of the Improvement for a period of two (2) years from and aller ns completion and formal acceptance by the City. The following IImnatlons shall apply to this Project: Working Days: 60 Late Start Date: August 16, 1993 Liquidated Damages: $150,00 per day The plans, specitlcatlons and proposed con- tract documents may be examined at the office of the City Clerk, Copies of said plans and speclfl. cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. A $10.00 non.refundable fee Is required for each set of plans and specifications provided to bidders or other Interested persons. The fee shall be In the form of a cheek, made payable to the Cny of Iowa Cny, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ mlnorny contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder Intends to subcon. tract, This list shall Include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submn a list on the Form of Contract of the proposed subcontractors, togetherwnh quantnles, unn prices and extended dollar amounts, If no minority business enterprises (MBE) are ullilzed, the Contractor shall furnish documentation of all reasonable, good faith efforts to recrun MBE's. A listing of mlnorny contractors Is available at the Cny, and can be obtained from the Civil Rights Specialist at the Iowa Cny Civic Center by caillng 3191356.5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced wnhln the Stale of Iowa, and to Iowa domestic labor, to the extent lawfully reo qulred under Iowa Statutes, The Iowa Reciprocal Preference Act, Section 23,21, Code of Iowa (1991), applies to the contract wnh respect to bidders who are not Iowa residents, The Cny reselVes the right to reject any or all proposals, and also reselVes the right to waive technlcamles and Irregularnles. Published upon order of the Cny Council 01 Iowa City, Iowa, MARIAN K. KARR, CITY CLERK AF.2 /58r , , , , , , . i' , i I \ ~I Iii /; I: . il' I' I' I' II' II I; ,. :',, , I II II I" (, " , (! ,[ ! I " I[ f: " i I :i ":"r' I :; I I, ',; ; 'I' \" " I,' -' " -'i" n,' ':, '" " '~,'".d. 'r-j ; ''7V ','",'.: \ ';L '1...:....:- .1_',., \ _. : ',,,, " ..'" / i/\ " 1 J,' . .....,.. "- --...-..........---.. -.-..... --.. I \'~ I City of Iowa City M E M 0 R AND u M TO: Ci ty Counci 1 FROM: Rick Fosse, City Engineer DATE: July 29, 1993 RE: 1993 Asphal t Resurfacing Pr,oject Due to the present demand for time devoted to flood response, an analysis of the need for pavement resurfacing on the BOO block of Rundell Street has not been undertaken. Following is a list of City 5treets which are included in the 1993 Asphalt Resurfacing Project: Rundell Street - Muscatine to Sheridan Keokuk Court - Highland to Keokuk Church Street - Dodge to Dubuque Park Road - 100 ft. west of Lower Park Entrance to Lex.ington Muscatine Ave. - 100 ft. east of Second Ave. to Jefferson St. Jefferson St. - Madison to Clinton Burlington St. - VanBuren to Muscatine "\~IPHALT\COUNCILZ,IlKQ ".. '.. 'I. 15" . V'''''._ , ! , , . , 1;1., l' '. ", I I , " . '... ' . ' I :: ',c,,' 'i) "'I~", Il ,,' ' " ",: ,:;, ';" '_. '_ ;"(- ~_ I. " / , /. \, " 1 I. , '-. ___.h_...... , . e Iowa Department of Transportation 430 Sixteenth Avenue SW. P.O. Box 3150. Cedar Raplds,lA 52406.3150 Phone: 319.364.0235 FAX: 319.364.9614 August 30, 1993 Ro: SPTN.I.5(56)..2C-52 Johnson County City of Iowa City Agreement 94-16-003 Marsha Henderson Project Coordinator Engineering Department City of Iowa City Iowa City, IA 52240 SUBJECT: ACC Resurfacing Project on Iowa 1 (Burlington Street) Dear Marsha: Attached are two (2) originals of the fully executed preconstruction agreement between the City of Iowa City and the Iowa Department of Transportation for the above referenced city administered project. The project involves ACC resurfacing on Iowa 1 (Burlington Street) from 300 ft east of Gilbert Street to Governor Street. Thank you for your cooperation in processing this agreement. Very truly yours, Ri~ t.I(~~ Richard E. Kautz, R.E. District Local Systems Engineer REK:keh cc: Michael Jackson, RME, Iowa City, IA 52240, c/agreement i 15f~ , , ), . ~-..,.. .." \.: " , \ ----..-., I; . , I I I' I I. I :,1; ,i I' ii, " ::, )1 ,. I' \, . I I f i I:: \ I I " , ; i Ii !i :1' .1 i ,I I i , I: , i ", ',,' (i , ' r; " \: , Ii " " Ii " I! " L d - " \ I I . . i ' , l, :i , .1' , " - ~:i . .i! - , :! i,. ., Ii; H i ;, .: I I I ! ! I ~...-.~...~ ".'''.--. ..... '. .,.,; " .' . . . . { ", t;," ;-:-:/'1-1" ':I t ' -,-' --i,' - ,-~ ", j..... , " , ,-', ' , , . -" ,,' ~ :' , .' '.' I ',. ~. . ,-. - . .' ., ;' ,-\ 1 ,L , \.\' \ , , . . ' , c.+-, CllrlL mJ..O RESOLUTION NO. 93-216 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ACC RESURFACING OF A PORTION OF IOWA 1 (BURLINGTON STREET) WITH THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems It In the public Interest to enter Into said agreement with the Iowa Department of Transportation for ACC Resurfacing a portion of Iowa 1 (Burlington Street). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Department of Transportation. 2. That the City Clerk shall furnish COpi5S of said agreement to any citizen requesting same. /twas moved by MoOn"" 1 " and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: x x Ambrlsco Courtney x Horowitz Kubby McDonald Novick Pigott - -x- - L- x - x - - Passed and approved this 3rd ') day of Almust .1993. ATTEST: ~A.I~,.,u ~ oJ!aJ.A) CI CLERK MAYOR ~~ . ;"0'" Off"" "& I~f 93 pwsngVowa l,rss IS~7 --'--. --- I 1. , II! \ ~ :t - II Ii 1\: :; Ii I" , , i I I I I I I 'li'.:1 - .1. ,'J ,l j:: iil (: , , " " ! , I I I I ,I " , '" , ~- ""11('1'. - I " I I t " , ','.). - .....-....."'....,.. '1 -, ....--~..--I......- (. ,;".,'" -,," ,'-t'" .~t' , ',' ',' , " . '. "/.~ , . I' . ,," L" .e::..: , ,,", " . " ., , ~ ",' I~. c.:.. , '.,,' ~j." . . / ,I :'--\, , 1 '" STAFF ACTION NO. 5J-!'I-;):A/ PRECONSTRUCT ION AGREEMENI' County Johnson City Iowa Citv Project No. STPN-I-S(56l--2C-52 Iowa DOT Agreement No. 94-16-003 IT IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT), Highway Division and the City of Iowa City in Johnson County, Iowa, (herein CITY) in accordance wi th Iowa Code Sections 28E.12 and 30M. 7 as follows: 1. The CITY proposes to design and administer an improvement project for rehabilitation of Iowa 1 (Burlington Street) within the CITY. The proposed project is further described below and is shown on Exhibit A attached: Iowa 1 will be A.C.c. resurfaced from approximately 300 feet east of Gilbert Street easterly to Governor Street. Three inches of milling will be provided for the length of the project and three inches of new A.C.c. resurfacing will be added. Additional work such as curb and gutter repair and curb ramp installat ion wi 11 be completed at CITY expense. The DOT will participate in the four-lane section from the beginning of the project easterly to Dodge Street for a distance of approximately 0.2 mile (see Exhibit A attached) . 2. The project will be developed and constructed in accordance with the following guidelines: A. The CITY will design and administer the project at no cost to the DOT. B. The CITY must secure DOT approval of the project design. C. The CITY shall include proposed staging information in the project plans to be approved by the DOT at the time of plan review. D. The CITY will let the project. E. The CITY will inspect the project at no cost to the DOT. /S'i9 -__h... ..._ ; ! ! I !i I Iii I i , i I I 1i II i , 1\: I I [, , I .. . . :1 ( , ! ,I !; ! , i I , !j I i i , I I j 1 I I, I I; , . ,I .: ". - - "'1---...----~..... ~ ..-' ......- . . ", " - - - . -t ' , ' , \ .." '."i,~", 'jd' :"1"',.:;:'- ',' :' ":',,": I I, '\ ,,', ' . '-, ' " - ".,-..- " " ~ -, . .I , '1 " ' 2 F. DOT specifications shall be used in the construction of this project. P.C.C. and A.C.C. plant inspection will be required in accordance with current DOT instructional memorandums. G. Construction of the project shall be conducted in such a way that disruption of primary road traffic will be held to a minimum. H. Upon receipt of a properly documented billing, the DOT will reimburse the CITY for actual eligible construction costs estimated to be $45,000 which represents the 0.2 mile milling and A.C.C. resurfacing section as referenced in Section 1 herein (see Exhibit B attached). I. The CITY shall use positive efforts to solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this application. Efforts shall be made and documented in accordance with Exhibit C which is attached hereto and by this reference is made a part of this Agreement. 3. Any costs incurred by the CITY in performing its obligations hereunder shall be borne exclusively by the CITY without reimbursement by the DOT. 4. Since this project is fipanced with federal funds, the CITY shall take whatever action may be necessary to comply with applicable federal laws and regulations. 5. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. 6. Iowa 1 through traffic will be maintained during the construction period, 7. Maintenance of Iowa 1 within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Ch. 150. 8, Subject to the provisions hereof, the CITY in accordance with Chapter 319, Code of Iowa, and 761 Iowa Administrative Code Ch, 150 shall remove or cause to be removed all encroachments or obstructions (either above or below ground) within the limits of the existing primary highway right of way. The CITY shall also prevent the erection and/or placement of any structure or obstruction on said right of way, inclUding but not limited to private signs, buildings, underground tanks, pumps, and parking areas, /srcq \ , , 1 : ~ r ! : i: \ , j I, , , i' \ ; ~ . , , .f i i . , i \ l , I I , , ! ' ! ! I' I, \ I j I I , , \ l i ;, j!. II' \ ~ Ii I' I) I" 1\' I' I, :: !; !' I, I"~ Ii 'I II I ", (. 1; , :1 ,( 'I J I ,1 'I 'I Ii 01 -.,.,.... 'I/If/('''. - - .,........-...... - -... ~ -~~. . ~ -"W\-....~ .-,_....-- -- --,.., . ~ ~ 'W"~ F .. . .'., . " ' ... - , , ' , - "-, I" 1 t " : , f I ' t;;;, 'I ' '-, ,,' '"" - "I ,,' " " ',' ': .' , . , , "I 1_, '. . \; --. -" ". ~ / 1 I I' -.-..... .-.. 3 9. Parking shall be controlled by the CITY with an appropriate ordinance which shall go into effect or continue in effect at such time as the project is completed and opened to through traffic in accord with the following. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of 35 ft. beyond the stop signs and/or crosswalks. Parking shall be prohibited on U.S. 65//69 within the project limits. 10. Subject to the approval of and without expense to the DOT, the CITY shall perform (or cause to be performed), all relocations, alterations, adjustments, or removals of utility facilities, including but not limited to power, telephone and telegraph lines, cable television lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project all in accordance with the Utility Accommodation Policy of the DOT. 11. The DOT shall comply with all provISIons of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 60lA. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives State funds from the DOT. 12. If any section, provision, or part of this Agreement shall be found to be invalid or unconst i tut ional, such judgment shall not affect the validity of the Agreement as a whole or any secti~n, provision, or part thereof not found to be invalid or unconstitutional. 13. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original. 14. This Agreement as set forth in paragraphs 1 through 15 herein (inClusive) represents the entire Agreement between the CITY and DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. IS~? - - : I ~ i , ' I: Ii !' \' I I: .I: 1\ I" Iii il , Ii: I r: ) , i i \ j I I I, , , 1 ., I I' I -'J I I \' If' I I, II I: " j: If ,U '., I: " I i , I i I- i 1 I' ,i 'IIIIf'"". 'I I :,,1 , ---~~-. - .., ~....~ ..-'.....- --.... -....- - -f" . - -- .--- '. , ,\ ' " -, 1- -, " , -- I ' , ( 't-", (;..;1, "I , ,,' : 'lJ ' ' , ' " ' , , " " ,j ", ,I., .~, ' - ., , . I I I /'\ , I \. - '- - -.~ ~11 . 7-29-93 9:23AM: . RCV "DY:XEROX TELECOPIER 7" . '" ' ' ", '\t~/l":ilit:' 29 "19j' 09: 19AM DIq'( q,.IP.OT CR IA DOT RIGHT OF WAY 319 364 9614~ 3193565009:" 9 P.9 ~OO~ 4 Count). Johnson ~roJecl No. STPN-I.S(S6)..2C~S2 I i ! I ! r. I ! I IN WITNESs WHEREOF, each of the parties hereto has executod Preconstruct ion Agreement No. 94-!6-0Q3 as of the date shown opposite its sianatute below, ::~~4- Title: MAvor - Al1pllRt 3 , 19--'U I, U~~41" K. Karr , certify thul I am the Clerk of the , MaYor, who Signed said Asroement CITY, and that n"rrel G. Courtney for and on behalf of the CITY was duly authorized to e~ecute the Slime on the 3rd _ clay of August , 19~. Signed ~;) -k. ~ City Clerk of lalla City, Iowa BY r OF TRANSPORTATION ~L Geor e . iss n, P.Et Deputy Director~Dovelopmont Hilhway DiViSion Date t!Zf , 19$ A'M'Bsr: ctI hlt~ BY: 15~ ---.-....--. . i ~ I. Ii I I" I, I , \ 1 Ii I Ij . II. I! 'I.; " i I ~ ~ ; ,I , ~! ., i . . .!'," 1,!,II" f: III ,'j " . . I ( 1 I , I 1/" , ~ ,;, .. ;.,/" I I ! \ .:t'. I~f ) , , " ..."." . - ~ , &OV~ r~ ,- \i>~ %" . SYlnl l~OOO ~SNlIOl i nDiiYi Q - "'1~~ --~.....~ ;'.....------ .......,- --- ".' . " . . ' " '..: ,'("I ': .::!' :-:''''. I'~~'," ',,' ".:. . f , ,v ,.. , '-.: , . - . -~ , ';',... . '. . \~ .~I- '\~f\ ~~~ w:i! . i (]U 3J~ t; &J~"" . lA' m~~ ~ ) '" ml~iJ!nll ~ w ii: ... IS tJJI\U';' W t:i~ > .. - I; IS Unll1UV - lll"AUll. .. ~!S \1.111lt .. ~ ~ ~ .. IS lsiiiOl u ~ '" , , lA' llN'ldO . IS 1> << WI!; ~u .. w . bO << W . ~ .. ... . ~?> J)'bUll '"' 31WOI-I31::1 ::-olllJ ~ 31'ONJ1::1 W ~ bO b.\. cl 1> U g "'iSY )0 \.~ :~\"'" W " e << "I' HIS 1~~ IS SYlOl .. J il J .. : ~ IS moo 0 ti " : .... ~ I'.~ ri~'$ ~~ ~ ".~ - lOQ\) \, '" Ii ':'t Cl4: ~ L ,~ Ii t. IS UlISOll \... --'1-1~ ~,Sl I ~ I lIYA IS Hll.I1lI "'AI \U in IS ..:~! I "" ~.., t; IUlO1r.l'" ';3 '1 t; '-..J f-1 '- lOOY"l1,;,I.',~ ,...., :) J,:~:~~ I : NMl : t1 ~~: ! r~O IlS~ i nn~l N01Nl~ :: IS ~C , i!i y OIHIU. u ... J 1/ ~lS ~ ~ ~. liS = ~ '" z o 1S , ....... .. -~ ]on IF ,f-. c' .:..)~ T""' ..... . '" ~ , { . , ~,l)li _ "l ))r.lldS ~ j -, ~. ii 1 ~. ! )fd W > .. lll.l ~ ... '>' i5 .. ... i 1S ~ j ~OJUO 1S G g ~ x . .. 1S ... AU 'OllG .. o U/:#11 u IS!!I r.\11\!, SM % ~ ~ ~" ~" ~ ~ EXHIBIT /si:l1 i I I ... I ~"I o' o ~ 3::1; . f" ~ A~ ~ . ' : . , I, 1: I I, I Ii I, ;1 II ir I:, " Ii I,' I, t' I I: I i !J I I J I I: I 'c. d , " , , '" I", :- I - ' "- -, -t" '", ' , ,,' .t',,,, e' ':l:.',., ~~/. ," :' " " ' ': .: . -~ ... , / I /'~! \.." . ~ . , " ---'-" .-- EXHIBIT B A~reemer\t f1i{.-1'''~3 , . BURLINGTON STREET ASPHALT RESURFACING - PORTION ELIGIBLE FOR STATE FUNOING I, j: NO. EST. r r, ITEM DESCRIPTION UNITS QUANT. UNIT COST ESTIMATE i , , 1 LEVELING COURSE TYPE A 1/2" MIX TONS 385 $35.00 $13,q75.00 2 SURFACE COURSE TYPE A 1/2" MIX TONS 385 $35,00 Sl3,q75.00 3 TACK COAT GAL. 235 $1.00 $235.00 q ASPHALT REMOVAL S.Y. 265 $7.00 $1,855.00 5 MANHOLE ADJUSTMENT EACH 5 $250,00 $1,250.00 6 PAVEMENT SCARIFICATION S.Y. QQOO $2.50 $11,000.00 7 P.C. CONCRETE REPAIR S.Y. 25 ' $ 50.00 $1.250.00 8 TRAFFIC CONTROL L.S. t $2,000,00 $2,000.00 B:\ASPHALT\BRLNGTN TOTAL $QQ,5QO.00 .....,,,.........~......,,~~.~..~...,.__.. . 1': , , Ii , ' , "'1 Ii I II II' ,I :' j; " " ;1 ,:1 _ , " '\ \ I \ - 'i , jr. If u " I:: " "J, J 1 . ./ I . I I ," I I I I il . I /5 '6'; I , 1 , ;'. " , , I "'f("I'. ......~~~- --, -' """"--~ ",,'..."" - - ..................--- f~ - ~...--~ i ".". ' " f".' 'jd' "I-t.. I'/~, ": , ' ",:-:<,'-:': '.':' , _' ~. . 11., ~".-. '".' ,.' " / , " , , . EXHIBIT 0 --' UTILIZATION OF MINORITY, WOMEN, AND/OR DISADVANTAGED BUS[NESS ENTERPRISES ON THIRD-PARTY STATE ASS[STED PROJECTS In accordance with Iowa Code Scction 19D,7 And IOWA Admini~trative Rule S41--Chapter 4, it Is the policy or the DOT that Minority, Wocen and Disadvantaged Business Enterprises (KaE/WBE/DDEs) shall havo the caxicuc practicable, opportunity to participate in 'the performance of contracts rlnancod In whole or In part with stAte funds,. Under thle policy It, is the responsibility of Citie; receiving state funds . to 'help t1nance projecta to oaks a positIve efrort to solicit bids froc and to Utilize MBE/WBE/DBEs as contractors and eneure that the contractors make positlvo errorts to utilize these enterprisee a8 subcontractors, suppliers or partlclpanto,in the wor~ covered by this agreement. The City's "positivo etrorts" should includs, but not be limited to: .' , '.. ,. ~': . ,,:,. I. Obtaining the names of Qualified MSE/IIBE/DBE contractors frOIl the , DOT'e Office or Contracts and/or seck these contractors through advertising in general-circulation, trade association or D\inorlty-tocustd media, The Otrice ot Contracts snd the [owa , Department or Management shall deter=ine whather contractors who respond to such ~dvertisements Quality for MBE/WBE/DBE designation. . '" . ~ i' ....,. 0' ,,' . " ... '., ::. .,..~...; ,I; ... . .. ~..'" ". 2. Notifying Qualitled MBE/WBE/DBEs ot proposed projects Involving State' assiated tunding. Notitication should be msdo in sufficient ti:e to allow,th~ MBE/WBE/DDEo to participate eftectively in the bidding procon. 3. Soliciting bldo froa qualified MBE/WBE/DBEs on each prOject, and identifYing tor MBE/WBE/DBEo ths aVAilability of subcontract work. 4, Including in the bid proposal8 ror Stato Aoslsted projects, the ,"ContrAct Pro\'iGlon~ for Specific Attirmatlve Action Responslblll ties on Non-Ptderal Aid Projects (Cor Third-Party Stat~ Ae8i8ted proJects)", or a si~illar specification developed by tho recipient. 5, En8uri~g that the awarded contractor has ~nd shall follow the contract proviolons, The City 10 encouraged to establish goale, ~oot-a9Ides or ptrcentagos to achieve ~BE/WBE/DBE participation In theuII pro~ects, Contract goals cay vary depending on tho typo of proj'ct, the project's sub-contract8ble itece, the type of servics or supplies needtd tor the project, and the availability or qualified HBE/WBE/DBEs In the are~, IS~1 Willi ----'--- - : , i' , ' , " I 1, I: , : Iii ! I ! , I" I' I, .I. i " I r II, I " ~ I , , . I I, i ,,' I j'. I i 1; I I " i I j I I' I rI , , I f I " I , l! I I , I i I I I , , , i I I I i I i :1 " .'/. ,. I , :! ,., ',',' " ~. - .....,. -,' '--'-"''''_.'_._.,-~"..._-. - .... .1,., --- '1 -. ~-- t '.,' - -". -I" ,I:t ' ", ' . r I t;.;. ./' , .'lJ: ' , .' ",': ,j , ' ',-" " : ,-' "-'" '. , / /'j. r ", " ......~._----- " The City shall a,re~ to provide the DOT the following docu~entation: I. Copies of correspondence and replies, aod written noto>> of por>>onal and/or telephone contacts with any HBE/nBE/DBta. Such documentation can bl used to demonstrate the City's positive efforts and it should be placed In the general proJect r Us. 2. Bidding propolals noting sQtablished HBE/~BE/OBE goal~, if any. 3. The dollar aaount contracted to,QUbcontrACted to, or supplied by Qualified HDE/WBE/DBEs for the project or projects covered by this agreement. 4. Thu attached "Checklist and Certification" foro shall be filled out upon completion of each project and forwarded to the DOT's Contact person. :"'. " -.-..--. , " . " ... .:. ':,.... ~ .~...,.".,.... '0:'. '" ... (............. 't,':.:"..:'. .. 'j'r" . '" t,., '"" '...." '. " /sr:? , .. \:. .,....... .; I I , f I 'I I I I ~ : , i I I II i Ii i, " I i; 1;1'. 'I I' i' .\, ~ \! .~ r '. ;,11 I: ,} III'.: ,I! ',il I 'I I . .'i1.. . "."r. I. i, , , I! :," I I" ! I i .,......,.. "IfI("". I " I, Iii I I , I I I I !I ,i Ii i II 'I' i :: J~ \ ! " " I " II " Ii " . ';1 ..' ;1 " I:" I ! I !; r .. , " I~ .. ( . .... 0,:'.:::::".'" '. I . .n" " , '. I ....... --"1~-, '""...... \.& ..-' ..". -- ~ ---- ~. ...- - - - ~ -f" .. .......r-""" .. -.. ""', ..;., .. ,- 't~l' '1;-1 ',-' " :, : 't/ j"-"',:t"" ;.~, ' ',' ' -:' ~, -', -". ' ;' I " , '~. . '" " 't . ~' . . ',' ',-' CHECKLIST AND CERTIFICATION OF THE UTILIZATION OF HINORITY, WOMEN, AND DISADVANTAGED ~USINESS ENTERPRISES ON THIRD-PARTY STATE ASSISTED PROJECTS . PROJECT NlIHBER: AGREEMENT NUHBER: COUNTY: CITY: I. Were qUAlitiod MBE/WBE/DBE nAmeb obtained trom IOWA DOT'8 Ottice of Contract;? YES _ NO__ lC no, why not? ..--- 2, Were qualitied HBE/WaE/DBEd notitlvd ot project? YES _ NO____ IC yes, by lettor _, t~lcpholle _. personal contsct _, If no, why not? ' ::,:.':: 3:' Were blds801lcit~d trom qual1t1ed MBE/WBE/DBE'g? YES _ NO____ ,,",' .' "-,,,'. . It no, wl;y not? 4. Wss a gOAl, 8ot-aoide or porcentage established tor MBE/WBE/DBE participation? YES _ NO____ It yes, what was the goal or percentage? ,It no, why n'ot? . , . 5., Did tho prime contrActor use positive eflorts to , utilize HBE/l/BE/DDE's on subcontracts? YES _ NO_ It no, what action WAS taken by City? Ig docu~entAtlon in tile;? YES _ NO_ 6. "hat was tho dollar Acount relmburoed to the City by the DOT? $ What waG the tinal project cost? $ WhAt was the dollar &mount purtormed by HBE/IIBE/DBEOa? $ WaB the gosl or percentago Achieved? Ir QO, why not? YES _ NO____ -- -' I cortlfy that the City uoed positive e(rort~ to utili:o HBE/WBE/DSE's as participants In this projoct, Project Engineer Date /5 rr:t \r ---..... ~--- :' , i " I 'll/lf"r. ...... ~ ~ ~.... ~ .-'......- '1~' ~ ---~................ - -- - ~f" .. - -. ...~-~ ( , -,' '-I ~-,', ',' .,:.,-' , , " " " ',' ',' " L/, j(.;..;~ ' -,' -' V ' , , " ' " ,;,,' . '.,' ': ,_* , '......l.' ' ~r '- .', , " , ./ \, ,L --- ~c ! ~Y:Xi:~ux Ii:LI:CUI"II:R '/~1l : '/-~~-~J ~:~l~r'l: Jl~ Jbq ~blq-l . """ ,.j'JU(,"29 '93'"09:17AlfOlST 6 lOOT CR lA ""' ^..'" ., ",.. i \\ I I I , , ...-- i Jl~Jbbb~~9:~ 6 PRECliNSTRlJCTION AGllE:EMENr ..... , County _ Clty_ Project No. Iowa OOT Airaement No. John~on low~ Cltv I IT rs AOREED between the tete of Iowa, Iowa Oep tmsnt or Transportation (herein OOT), Highway Dlvieion d the City of rowa CI In Johnson County, Iowa, (herein CI'IY) In lICCord4l1ce with WIl Code Sections E.12 and 30M.7 as follows: 1. The CI'IY proposes to desl nnd admini or en Improvement projeot for rehabilitation of Iowa 1 rUngto Street) Within the CI'IY. The, proPOSed project is further escrib a below and is shown on Exhibit A attached I \ Iowa 1 will be A,C,C. te faoed from approximately 300 fe~t eaat of Gilbert S r~et east~rly to Governor Street. Three inches Q mil Ing will be provided for the length of the p jeet d three inches of nelf A.C.c. resurfaolng 1I be ded. Additional work such as curb an BUtter pair and curb ramp Installation will e completed t CITY expense. The DOT will partlcl te In the four lane S8ctlon from the beginning ot t project easterl tn Dodge Street for a distance of approximately 0.2 lie (aee Exhibit ^ attached) . 2. The project wll be developed and construc ed in acoordance With the foIl ina guidellnesl A. rojeot at no Cost to the B. The ITY ~Ust secUre DOT approval of the proJ ct deSign. C. T e CITY shall Inolude prOPosed stnglng information In the project !ans to be approved by tho DOT at tho time of plan ravioli'. The CITY Will Ict the project. E. The crTY w!!1 inspec~ the project at no cost to the DOT. , , i' .---......-... P.6 Isr,: ~, ,. ! I i I I' , , J.. ;:, \ Iii I , , , , ; I i Ii il i Iii ,,, I I ii' , Ii' II I .. Ii i , I' , ~ i' i I it' i , 1:1 !' I :'r , I I , I , I " i I " , I , I I I ,i II , '.. '. I , ! "'IIf"'. - "1'1'1----0" - ,.,~ ~ .-, -"""~ - -.. , , ' , -" " -I "",' ',,', ' - tB ' - & , , . . ','.. ("" r" ,d ", . ,'''"'''' " "., . , i, ......" , . I "L. ,. _, . " ,I " ',j, '.... I,' 'j(f:' 29 'J~l3''' 09: 17Ar1' 0151' 6 1nOT CR 1A --........ - IJU~ RHtl1A tJr II/U P.? I4JUUJ ^ . F. oor speo1f!cations shill I h~ USed in the construotion of this project, p,C,C. And A.C.C. plllnt Inspection will be required In aocordAnce with current DOT instructional meMOrandums. G. ConstrUetion of the project shall be conducted In such a way that dlaruPtlon of prilnary road tr ftlc will be held to a. minimum. Jj, Upon receipt of a Pro rly docuraented bllllns, the oor will reimburse the CITY for act al eligible construetion Osts estimated to be $45,000 which rep esents the 0.2 lIIilo ml Ung and A.C.e, resurfaCing section as ro ereneed in Section t rein (see Exhibit Il attached). I, The CITY shall use POsiti e efforts to so cit bids from nnd to utilize minority, Women an lor disadvllnt ed business enterprises as contr/lctors and ensur that the ntractors IUlke POSitive efforts to utilize these en erprlses aubcontractors, suppliers or partiCipants In the WOrk covered y this application. Efforts shall be made and docu~ented in ace rdonce With Exhibit C which is attached hereto and by ,thi ro rence is' lIIl\de a Plitt of thlt ^sreement. J. Any Costs incurred by the CITY In erforroing its obligations hereunder shall be borne eXclUSively by the TY without reimbursement by the DOT. 4. Since this proJect Is fiMnce with hderal funds, the CrTY shall take whatever action may be neces ry to cmply with appllcsbie federel laws end regulations. S. Upon completion of the oJect, no hanaos in the phYsical feotures thereof shall be under aken or per tted wi thoul the Prior Ilri eten approval of the oor. 6, Iowa 1 through ,tra ic ~'ill be main alned durins the construction period. 7. Malntenanco O~I a 1 within the prOject /lrea shall be C4rried out in accordance wi t the terms lII1d concll tons contaiMd in 761 IOwa AdIIIinlstrativo de Ch. ISO. . 8. SUbJeot tO~' provisions hereof t the CITY accordance with Chapter 319, Code of Oil'S, /lnd 761 Iowa Administrative e Oh. ISO shall remove or CAUSe to 0 romoved all encroo.chments or obs uetlons (either above or boloII' sr und) wi thin the 1Imi ts of the exist illi primary hlllhway right of way. Tlie CITY shall also prevent the erection sndlor placement at any structure or obstruction on said right of WAY, inClUding but not HlDitad to /lrivate $I.!:n~, bUildings, Underftround tanks, pumps, and parking Areas. , . I 15"' , I \ I,' I' 'I' Ii I, il !: 'I i: I I: 1\ I, : I: I:. I I' r; I, I , .. I j , j I " I I , I I' , , ,j ..."., . ---- ~ 'C1~ ~.... ~ ..-, .....- , , I :'", :,'t-/ ',=I,~ t r . ..;.g' '". ",' , ',"', ".. , j, - ,..., ,.' ,. .'_. 1, _ , . "1 -__h... ~ , Rev BY: XEROX TELEeop I ER 7011 : 7-29-93 9: 22AI'1 ; ,'" 'UU2'JUL 29 "'93' 09: 18A~1 DIST 6 J.QOT CR IA Dor RIGHT OF IIAY 319 364 9614~ 3193565009:" 8 p,e '" 'l'J004 J g, Parkini shall be controlled by the CITY with an approprIate ordinance whl~h shall 80 into effect or continue in effect at such time as th~ project Is compl~te~ an~ opened to throUgh traffic In accord with the following. PArking shall be prohibited on the minor street approaches for a distance of 3S ft. in advance at the stop aigns andlor CrOsswalks and on the exit 8ldes of the minor streets for a distance of 3S ft. beYond the stop siiOs and/or crosswalks. Parkins sha I be Ptohiblte~ on u,s. 651169 within the pro'cct limits. 10. Subject to the approval 0 and without expense the OOT, the cm shall perform (or caUSe to e performed), All reI cations, alterations, adjustments, or removals of utility fscWt s, Including but not limited to power, telephone and telegraph line I cable television lines, natural gas pipelines, wat r mains And hYdr ts, curb boxes, sanitary sewers, and related poles, 'nstallations and APPurtenances, whether tlvately or blloly owned, end all other faoilities or obstructions hiah are I ated within the limits of an e5~ablished street or Alley d which B all interfere with construction of the project all in Accordo ce wit the Utility Accommodaticn Policy of the OOT. II. The !lOT shall cOll1ply wJth al rovislons of the equal employment opportunity requirements proh Itlng discrimination and reqUiring affirmative action to assure u I employment opportunity as required by Iowa Code Chapter 601^. 0 rson shall, on the grounds of 8&e, race, creed, sex, color, n ional origin, religion or disability, be excluded from partlclpati in, e denied the benefits of, or be otherwise subjeoted to di riminati under any pcoiram or activity for which the CITY receives tate funds rom the DOT. 12. If any section, provis on, or part of this Aireement shall be found to be invalid or uncO" I tut lonal, such JUdBmant shall not affect the validity of the Agre ment as a whole or ny section, provision, or part thereof not found be invalid or unco tltutional. 13. This Agreement III eXecuted shllll be executed in two co nterparte, each of which so deemed to be an original 14. This Mreemen as set forth in paraarap I through IS herein (inoluslve) r presents the entire Agreement tween the CITY And rxrr. Any sUbseque t Change or modification to the erms at this Agreement shall be In the form of a duly executod Addend to this A&r&&ment. 151' i' ,~ Ii Ii ! 'il. I ii' r Ii I':', " I;' II I' 1'1 I' il II I I'i I II I I! ,; I: ,. . . .:i I' , t-/ ,:-", 'tH\" . I' t' . " ,: , . 1. \ , '. J , .~ .. ..~, I . 'll,,;,. , ..' ' j', "" '. " ' , ' ',',- ,', . > ~. ' - i '""":'"" " I'" , .. ,'..' ---.-... . -" ,UII]''j[Jt'2~,:~"!':'\.I:' ,_,:;,1.-,1 G'IVU' LI< Iii J ili~1I1 ul' hAi' P,G IiilUUB .. -..--...-..............- __II \~ ttw. '" "^~ :i "' _,_J~: -.~ ,~. jjij;~;' I .(jl"" 1.1. llAI~ P' ~ ~ ",.1l1li11l ~ ~ 1.I, Or'!orl ..... II WlAU'J ~ t; [Ji\l'11 'lIw..TwI _ U1111U. ~. ~I: , ~ ~ 'i II ~,Ill~ j IS lil101 II JO" l- n.. I ~ b; tI: """'I.. ....... .....Im.. ,.,. ..... .JSL. ..... It.,... 'I"/~'~' ,...... r8!i1 ::; . '.' .,. !;. I ...' ~ ll''' I. ),I, I 0/11 t. . ....~ pi 0... , I ~ ~ t; I~ i lii ::; ::; · 11'UIlll C....~','!1 M' J.' / Oil. .. )llllHm v- . ~~~3 -- ~ 11,o.ml ,'.' .11' 1;, ( / w few ~ Il~'~~Ch' .. ,. ~ rI Ll 'l4 1l1''il3j ) ~" ... " ! "o!Ii" 'no w~y 'J7~ l' HII r;' 1 '0. If , ~1 .-l /.. \,'1 . ,~ ! II~~" E :;.1 -%1~ ~,Yi ~ :;1;' I' ~'" ~ w~,., .. ~ ;:; Y'clir ~ 0 ~/ ~ HII ~V\ 11\ ~. ~ I~ ~I ~~ $7' ~'~/ iI. ~f ,,+ ~". 1 ['\~ ,t- i .J. ~ ~ 11)-0' .. ' :; I'!!' ~ ""..' . '\ ,~ ! I' .. .. 'Jl;;;-"'" '" .. .!~" i r r 1M /111/. 1/ 11(" / 101' 1\ "II '1/ II;' L.u.![ I .. lA, ~1~IHOr{ ~ .fIt:. ./7 II / IOOWflQ 1 '-"""? )1I1~ II 1lr.1loo1 I '"" is = ~ .0 ~ 43 )Q)l'll~ // / 11..111 '/ ,i " i. 1" "'Joo.O ...~ ".I ~ ~:U).""I :..%J If- '~II W / IS )f.o = : : ~ :'-~In ~x 'T I I oj / !i: ~ ~ ~ .1' ! " .rl II:: ItnlQ .. .. .. ~ lAY S'O;U'4 / C ~ ... Ii IOl"'fI/ I" I i ~ A V ... PC i . 1"'S'1;i. / ill:", j :; /{ ~ ~ II 00;; I ~ is 1IMI E ' I I a" J.!/ I ~. ! K. ~ II i~: - -:it, i / I! 1 ~ :! ~! II lAllOO. =" Dl 1014 ill" M Of' IUJ"l ::"15 uY'g ~~ vIol 1/ ~ i ~ 1.\ ..~~ I~ It ao.,@ II ~ Iii.' -":'I ; II 1lIIl1:1 II 1lI'~ ~ \I. , !! IS 1'IIlClft I. C jl, lo.G I. . ... j:l1o~ .~~.. .,,~ ,..... ...w.. ..... !!...t....t~..... ...........'.. =. "I" .o'f'. ,; II ~1O'"gle ,M I'J. 111:1': II / i to ,'''1:.; 1'," . . r'l~ ~ ~ 'fJ II ! wo"il.\O'l i Aarum,V\'T i ,m'll T jI . .~ ..~ \f:xl 9'1-IIJ-()OS I L ol. 4. i \J f"XI-/-'P' r, 1 Im'JQ 1." {~3"_ I....~ h.tl.. ;lTrr.t II; no~ ,I JI1'" .1 iii':,~ - . ~ () ~ {IHI ~ \ ~ : I "1 .. :~~~ ~~ 7I/P; Wlil~'" " ~ 'fjii;i 0 ~ 11--1 ,.... \J" ~ , I - I II ~I ,IIY^ 1" H",IV "'^I \lJ :-~ .. ....I").. -,,--- 'if'- 'E ~":'l..... , .. U 1_ , .. 1:1 Oi II I ll1a~ -J.' ,,~, ~ ~ , .. -I t. ,,~' ',' "" i ~ II ] ~ '-.J '-..., H" 'ith~;';r..' I, :-..'; - "" .rC if-, I m'l I--t 1--11...... ,~ ',('01.. j..;" :-"~.... ~ ...... ~. ~ 1.. ! ~~~"~:::= n~! ~ . ,. \ ...: : .c' "" ~ , ii '"' 'JI I I, \i , , " i<... .~-".' L:/ "H' '!~,'~,,' .',., , ,.,,' , '. j '- ",", ; . -.' - . / . //.0,'1 . I. \.. .t~. ---.-.. --. -. ..-..... .-----. -- . :- "~... iu(, "~9 '93 "139: 15AM DIST 6 IDOT eR IA r'.'-' P,2 lJU6 'U\'Uh v, "^' ~l,Il,I.. ---"."1.., - -" , EXHIBIT B i I A~reeMI&~t 9"'''/~''(;()S i I i I I !!!.!!ilJ.Il!!TON SYn&t!.nSPHAlT RESU~~8g,~ - PORTION ~LIG1~~lfllUl!l1L!:. NO ~ I I, I I " I I i ! dl\ASPHALT\BRLNGTN !, I' I: I " I I !' j, i! i" , I,' 11/' i I: . iI" I ;! II: l,i I ; Ii TOTA~ HQ,540,OO I' 1\ , '1-- 'Ii' I' il I :'1 " j;' J.. i:; " " :1 " J I II,' . \, , , iL "H".~."'''''',_",_",~,__, 15f'l . - - . - .... - .. '. ". ~ , . - . , , , . . ~. I , ....." -' f~ ','n,I~.I:..tJ,' bJ', ,":-"'" ; . _ '-, / " JUL 29 '~3' 09:15AM DIST 6 IDOT CR IA ''C''.'''~-''''::''''f P,3 EXHIBIT 0 " ,-,' UTILIZATION OF , MINORITY, WOMEN, ANU/OR DISADVANTAGeD BUSINESS ENTERPRIses ON THIRD-PARTY STATt ASSISTED PROJE~rS In accordAnce with lo~a Code Soctloll 19D.1 Ana low. AdQlnls~rAtlvt RUle S41"chapter ~, It I. th. policy ot the DOr thAt Hlnorl y, ~oA.n ilia DI,aavant&sed Bualn... EnterprIses (Kat/waE/OSEa) nh~11 h~ 0 th~ A&xllua prActicable opportunity' to part I Pate In 'tho partonA . ot contracta tlnanced In whole Or In PArt with a ~t. (undo, , , Under thIs polley It.!a thf reo on.I~lllty of Oltle. receivIng atate tund, . ,to help tlnt"ce projects to cak. a ocltlvs efrort to' licit bida trem And to uelllle HaS/WBE/DDEa Ae contractor and en~ur. th the contrActor, =Ak. ' poaitivo a!tortl to \It Ill:. these en erprhu Aij au ontraotcra, aUllpllera or',' ~Ar;lclpAntD.ln the work cevired by t la agreeoent '. The City', "poaltlve errorte" Mhou d lnclud I bue not bo limIted to: " " '. . ., . I. Ob~Alnins the nA1:I..' of qU4lHle IIS~ iB!:!08~ contractors fro~ the . DOT'a Otrlce or CClnLtActB 4nd/o se theu contraetora through &dvertllln& in sentr~l.clrcuIAt! I trAde AssocIatIon or ~lnority-to=uMed 1:ltdia. The ot! co oC Contraots And the IOWA Dopart1:l~nt of HAn4geoent ahall teralne whathtr contractorl who reupond to luch aclv'Nlamnt qu llty tor "aE/HBE/DBE desl,"a.tlon. ' , 2. NotlfY1nS qUAlitled HaE/HaE aEI t propo8ed projects lovolv!nr State Assleted t~ndlns. Notltle tlon ah uld be 1:lade In sutticient tl:e to nllow th~ H9E/HBt!DSZe to Dortlclp te eftectively in the biddIng Ilrocou, " . I~ t. :~. , -.: ; , : , , i I I ,~ Ii, II, I;: . II " '1'1,: /, I' I : : ~ ", !! t': ,. !" " , .' ." , ,l I ,,"I. ~ .. ~ j I~ ~. , t" ! . I, .. I ""11'1. ,..\...1 ot', .,. I t. 0, ',"". ,I I' h' I,' " . . , I i I , , i '. 3. Solialt!ns bIds tro: ~lltled HaEI BC/DSEa on aAch prcJoct, And id.ntltyln~ tor HDE/ E!DSte the Ava labIlity ct subcontract wcrk. ~. In=IUdlnr In the b d propolala ror S: ~o ABBI.ted ~tOJ.ClD, the ,lICOMract Prol'l,l M tor SpecIrjc MC r1:lAtlvc Action P.Upontlbllllltl on Hon-Ftdcral A d ~roJec't. Ifor jhlt~ Patty S~4t_ ADslatad proJectal", or a!allltr Ipecltlca~lon devAloped by the reCipient. , 5. tnlurln, ~hDt th. AWAr~Dd contractor hAa nd shall tollow the con~r~c: P~o\'!slona. he City h cncouragtd ~o os bUsh SOAle, ~ect-I.ld.. 0 p.rccn~A,oa to Achlove ijSt/H ~OaE pLr~lc!PAtlon In th..~ prO)A ~s I Contrac~ So ala aIr \'arr depend lne on the t)'PO o~ pro;, ~t, ~h ptoJec~ls sub-ccnluctab!e ltea., tho nile Qt service Dr supplle. noedvd for tn. proJect, ~nd th. availability of Qualified HeUwB~/OS!:1 In the Dre~. /Sf1 ,I II III 1:' , . ,I 'I 'I ,i I , !, ,i I' h! ,I -' I" , , ' . , i "t-,',.-,"t-/, '-t ."',',,,,' ' ,". t;...;..' _ ,',' , . ",', ,I' " '",' . -;,' ",_. , _' ,~. "I" . / /'" .. ~ / '1 l. 1 -- ~._----- ',' Rev BY: XEROX TELECOPIER 7011 ; 7-29-93 9: 20A~1 : : ~/I JUL 29 '93 09: 168M P.I!i.l.6 .tD.Qr CR IA !lur RIGHT OF II'AY 319 364 9614-1 , , ", - Th~ Ci~l' shAll 4ire~ to provld~ the POT lh~ 101l01o'Ing dOCuRenlulorl: 3193565009:" 4 P,4 flJU03 ,. CopiOJ or corre'vonden~1 And replics, An4 wrltlen nota. of perlon,l and/or telephone cont&ot& with any HBt/IDE/DBt.. Suoh docu=entatlon ~&n Of ~.cd to deqonltr&te th. Cley'. positive .ttorte And It ,hould be plAold In th. geneI'll pro lot file. . 2. 11lddlnl propou.l&noUn& ewtAol Ihed HDt/HBt/Det ~oa1;, , 3. The dollar aoount oontrAoted to aubcontrActed to, or upplled br QUAlltlrd HOt/WBE/OaEs tur the roJect or proJe~ta c orad by thl. Isreement. 4. Thu AUAched "Checklht and Cort (lcAllon" toro upon oooplotlon or elch proJ~ct nd lorlo'Ardcd per.on. hall b. filled out the DOT', Contact '.. . .... " .. .. , , , .' ,. ..... I ,I., I "'" .'..!. . , " '. . , . .....,j.. 11,'. , " " ., " .' .... .....'1......._ .; ." !.... ... , II" ,,' "I ',,'.11. . I I . 'r' , , " \, . . 151f ___h... u__ , , '. f. . i , , { r I if I i;i \ II :i - II II II: , ' I,; ':: II., ~ _i I : i.f I i/ i !: il '; Ii 'I I' .11, I I " , , , - '-,. t...." 'f=t ',', ,..' , "" I :,' t I'"~ (;,..;', ,'- , ' " " ", "," .' " j " ' " , , ., "---1. ~'" . ' I. _ " .!. '- ---. '-" RC\' BYlXEROX TELECOPIER 7011 ; 7-29-93 9:20A1'1; " ' "11/ JUL"29 "93' "'09: 16'AH IHST 6 IDOT CR IA DOT RIGHT OF WA\' o , 319 354 9514-l -' CIIECKLIST AND CERTIFICATION or filE UTILltATION OF MINORITY, h'OHtN1 AND P/SAllVANTAGrD IlUSINESS t~10l:RPRIS~S ON THIRD-PARTY STATE ASSISTED PROJtCTS . PROJECT /llJlol9ERI . AGREEMENT NUMDtR: COUNTY: CITVI _ ... I o I "II I . ~.. I ",;',' I' . " ~ . I'. ~ I, ~ere quali/iad MBE/war/DBE n4=.b Obt4In.~ Ire~ Iowa DOT', 011100 0/ Contrl~ti? It nc, why not? , 2. ~orc qUAIL/led ~lnE/WaE/OBC~ netI l.d ot project?' 1'10_ 110_. --- It ros, b1!cttol' ~, hlcllhollo _, /lUtlO .1 contact _' It no, Why not? 0 ,. ."..... 0::.' ,",: 3~,'. 1I0re blda801IcJ.t~d treQ quoHthd .~ ,', .',l.','.. ." . . ;::', ,"', , tt no, why not? YES _ ~o_ , o' (, o. 1101 A BOol, 8ot.~aide or IlOl'cento tor MaE/IIBr/DBe portIc/potIOn? II Y08, whAt Wes the gOOlDI' /l rcontn,s It liD, why not? o '. -' YES_ /10_ ---. .' 5. Old tho Prime contraotor e positive ~tt rt. to ' utilir~ XB~/WBE/DDE'a on ubcontrACtl? 1/ no, unit Actlon was Ake" by City? I. doeuaent&tion in 6. Wht~ ~I' the dol1A ACount relcburaed to the City by the DOT? 1'.1:9 - ~O - 'tts_ 1/0_ Whit WAC tho tin 1 ~roJoCt C08t? .' .- , , WhAt WA, tho Q 1,~ aaount plrtora~d by KB~/WBE OB&'a? $ _____ lIu tht rod r perecntAte Achieved? It no, uhf not? I/O - ~' J ccrtJ(r thAt the Olty Uaad po.Itlvf aClort~ to utIlito HBE/WBE/DB~I. A8 pArticIpAnts In this project. , - ~ Project EnrInesr - Dete 3193555009)" 5 P.5 ", 'IIlOU4 I : I i. ,- i ! , , I I I I I I , I J: I "~ I' ! , , ,: "I I: 'r /:' Ii I... I( , I) " , I! ii; I I,) I I ., , 'I " , ......... , , , , " " 'I.. ......u..,. II.,,' I I,.. I . .... o , . I" '. I ! I I ' I ! - . . I I I 15B'! ;i \,,' ~~ \ , , , ( , t-, ,',-:, 't,J' Ct . " " ,', '.' j(;.; 8 '11 ".,' . '.': '. ~~ ...:..' -":.1 ~ . I , "... ' " " ";" -'_..h, ___ i n "I1j RESOLUTION NO. 93-217 RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVE TO MAKE APPLICATION FOR FEDERAL/STATE DISASTER ASSISTANCE. WHEREAS, the City of lowe City, lowe hes been declared eligible to receive public assistence under the Disaster Relief Act (PL 93.288, as amended) or otherwise available from the President's Disaster Relief Fund and the Code of Iowa, Chapter 29C, and; WHEREAS, the State of Iowa requires a designated representative to make application for such disaster relief; and WHEREAS, the City Council deems it in the public interest to make application for public assistance, end wishes to designate Steve Atkins, City Manager, for application purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF IOWA CITY THAT: 1. City Manager Steva Atkins is hereby authorized and designated es the appropriate representative to act on behalf of the City of Iowa City, Iowa, for all purposes related to making application for public assistance under the Disaster Relief Act (PL 93-288, as amended), or other available funds under Chapter 29C, Code of Iowa and the President's Disaster Relief Fund. 2. The City Manager is hereby directed to execute an application for disaster relief purposes, and to file it with the Iowa Emergency Management Division (EMD) for the purpose of obtaining federal/state financial assistance under Disaster Relief Act (PL 93- 288, es amended) or other assistance available from tha President's Disaster Relief Fund and Chapter 29C, Code of Iowa (1993). 3. The City Manager is further designated as the representative to act on behalf of the City of Iowa City, Iowa, in carrying out additional duties related to making application and processing said disaster ralief, as appropriate. It was moved by HcDonald and seconded by Ambrisco adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ....x-. Ambrisco ....x-. Courtney x Horowitz X Kubby X- McDonald -X- Novick -X- Pigott Passed and epproved this 3rd day of August ,1993. 15'() '~IIIlU,_~ - I , i , , " ! ' II Ji i I, ., i Iii ! I! " 'f l' Ii I.. I :' 1I. , /, Ii , 11 ''I !.! i i,' !: :1 "', II , ; '. I I , I :1 I " I, 'i " , . ,.' '-' f:"'"t ' " ' , ',,' -', , - , , ,,', , r ,,' Lf, '.""" " '1-' , ~' , . , " '. ,...... , / /) " ..... " -.:~ . ""'::':,,~------. Resolution No. 93-217 Page 2 J~ MAYOR~ Approvad b ATTEST'~) ,e:: <~..) ~'OY"O"'~l,.l CITY CLERK ~tf& n:UtgllMimlll','I. ,-;" I I i 1 I '" i '. ';1;' . .._..~_._---- :'':'1 '~'l I',; " - k".~ '_~_' ,.., , , 15?~J I , : , i i , , , I , , I , . I' , , i ,; I' 1'1 li U l;i \! :1 'I. II . I' 'I . 11,._, ,) , . I ;i. 'I:' : 11', 1:1, ;\ lJ( 1'; -'I' I:, '1,",' II , , I" I, I, r:,' i , .! " I' \',: '.' . .-' . >::" F," j~IU.." .",t, .', ,.,., . _,' . 7] ,IJ .:"."~ . \ '. _ ", 1'.~.. .' . / ,I if ~\ 1 I '" , .--'- ......-----~. - .- STATE OP IOIIA DESIGNATION OP APPLICANT'S AUTIIORIZED REPRESENTATIVE RESOLUTION BE IT RESOLVED BY the City Council of Iowa.. Citv. Iowa. (GDverning Body) TIIAT Stephen.]. Atkin~ (Name of Rapreaentative) City !Ianager (Official poiition) is hereby authorized to execute in behalf of the City of Iowa City. Iowa, thia application and to file it with the (Applicant Entity) Iowa Emergency Management Diviaion (EMD) for the purpoae of pbtaining Pederal/Stata financial aseistance under the Disastar Ralief Act (PL 93-268, ea amended) or otherwiae available from ths President's Disaster Relief Pund snd tha Code of lowe, Chapter 29C. , . PASSED AND APPROVED TillS 1T~ DAY OP August , 19~, (Name and Title) , igna e) Chief xecutive Officer CERTIPICATION I, Marian K. Karr duly appointed ,... t~f ~lerlt (Official Poaition) do he~eby certify that the above is Iowa City,Iowa (Applicant Entity) correct copy of a reaolution CJi' ,U of trua and paased and approved by the City Co,,"011 'nfJmla- (Govsrning Body) August , 1921-. City, Iowa , on the day of 'rrl Marian K. Karr (printed Name) 7?'e!'~A/) -1'. -/4-1/1) (Signature) ,. (319) 1%-~Obn ,Area Code/Phone Number) :MD-PA-l PORM 11.14/4 July 9, 1992 /59tJ , ' i. , I , , i I:. II: \ I , 1, I , ,I I! ' I!: II ,. I' 11 " :: , I! l] j) " , I, :! , " i i I J " , ii ': I I, ", \1 .~~ ..... - '1 -, ~.....~ -'.- - '" ~... - ...~ .......- --- . . - ' t' - -'''''': _.' ,\ " . 'tI'" j~.J · tr;,-~' ,.,'" . ' ',: ' - "-' . "::' ,,...~. '. ,.,':: / ! /, '" , 4 .:' ~. ~ . ..-----. ) I i . , , STATE Of IOWA APPLICATION POR PEDERAL/STATE ASSISTANCE L. Dote Submitted . 2. FEMA- 0996 -DR-IA 3. Applicant Legal Name city of Iowa city 4. Addrese (Street, City, Co~nty, ZIP Code) 410 E. Washington st., Iowa city, Johnson 52240 5. Nome & Telephone U of Contact Person nnn Vlll"lli" Work, l~6-5052 Home: 338-8102: Alternate: Rick Fosse Work: 356-5143 Home:'338-0341 6. Circle Organization Type: A. Stat~ Agency; B. County; C. City; D. Townehip; E. Speciel Dietrict: F. Private Non-Profit 7. Pederal Tax ID U 42-6004805 I To the beet of my knowledge and belief, I certify that the information on tL J application is true and that our epplication will comply with project administretion requirements. stephen J. Atkins Typed Name of Authorized Representative City Manager (Title) l1q/l~6-~010 (Area Code and Telophone Number) /~ August 3. 1993 (Date Signed) /' EMD-PA-2 FORM ~.14/5 July 9, 1992 159~ 11 t, , . , . I, '~ 'I I. II I!' " '1' " 1\ 1:: ~ i: " 11 r I;' I . ~' 1 '. I I I ". ,I) 'j'. d :/ , . i I"~ I'"~ " ~,. - - -..,~-:- --~-- ~ ~-r.....,.- 1~- ..... ...- - - -- - ~f ... ...~_. ... , , , " . . r ": -, -, r} ''''''~- , . " " ' ., " : " ';~ ,'- \.-~I: " " .",., , " ,/',1, I" ...~,- " ,~, - -',,' ~, ' '; .1.....:---;..:,." ,,' ~~". , _", . / ,.> '1 J :1' .......------.---.. " , RESOLUTION NO. 93-218 RESOLUTION AMENDING THE AFSCME PAY PLAN AND,RECLASSIFYING A POSITION IN THE HOUSING & INSPECTION SERVICES DEPARTMENT WHEREAS, Resolution No. 93.166 adopted by the City Council on June 22, 1993, astablished a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilitias performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the position of Clerk Typist. Housing Inspection Services be reclassified from AFSCME Paygrade 4 to AFSCME Paygrade 5, It was moved by HcDonald and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: --1L- .....JL Ambrisco Courtney X Horowitz Kubby Pigott McDonald Novick X '~ --X- --1L- Passed and approved this 3rd day of August ,1993. .~ MAYOR Approved by ATTEST: ~A~.J!. &) CIT CLERK hldalllplllonnl\l'lolulion l(~} ." ~ T .... ~ -.-'-'- .-- (l'\.l.~ i I Ii , I " I. Ii " I- ii r; " 'j " j 1" " ; I' . . l! I: ; ~ . I, r! ) , ! " i , I 15ft/ \ , , , '{""'" "'.."",- ..,.". - " I I I i I ! I , , I 1 ~ !: \~ --~-~ -"'....... '-e. fIIt-'...... --- ~"-..........---- ----f.... ..-;--- ....- .~....----; \ . , '.'. - r .-' :" t-" ';:::,' L/" ,1~t, " "", '.,: , , , , j r"", .r _ _0 'i ", ,-~r '_ ,\ " ,,' . ' 1 - .--.... -.~----... -', City of Iowa City MEMORANDUM Re: Date: July 27, 1993 \ To: Steve Atkins, City Manager ~ From: Doug Boothroy, Director, Housing Reclassification of the Clerk-Typist position Is beln roposed In recognition of the 0 ganlzatlonal need to expand that position's duties because 0 the change In responsibilities f r the Code Enforcement Assistant. The Clerk-Typist position s proposed to be reclassified at y grade 5 and moved from Housing Inspection Division to HIS Admlnlstrallon. The cost of this eclasslflca- tlon will be $625 over one year. Since the installation of the computer network and the multi-department land develop- menVappllcatlon management system (I.e. Permit Plan), the Code Enforcement Assistant duties have been changing and expanding In the area of computer support. The Code Enforcement Assistant now provides multi-department support for Permit Plan users. This support Is both within the department as well as with other departments such as Planning. Support Is expected to grow as other departments come on line (e.g. Engineering and Water). The computer support being provided Is in the form of user training, forms and report development, technical support, trouble shooting, and user group coordination. All of these support activities need to continue If Permit Plan Is to function properly. Increasingly, the Code Enforcement Assistant simply will not have the time to carry out all the assigned duties and meet the growing demands for computer support. In response, I propose to reassign certain duties from the Code Enforcement Assistant position to the Clerk Typist position as follows: 1. Reconciling dally accounting reports with Intake of fees. 2. Maintaining staff time sheets, personnel flies and preparing payroll changes, 3. Preparing travel forms, check requests and requisitions. 4. Assuming additional responsibility for counter activities. This reclassification Is necessary to provide the Code Enforcement Assistant the time to support and maintain the viability of the City's computerized permit management system. Thank you for your consideration of this mailer. Ip5-1 ISq/ -- " , , , , ; ; , ' , " ~ I I, , II ill I , [I I: I if ;: I' " , I: r .1\ i II I' I! r.! ! I,: i I I :J I Ii i I i' , I I' I :1 i " ! 'I , , I I' I I :\ 'I . : ; :: . , , , -- .~ --- ............... - - - -- -=-- .... .... -~~~-, -"'--~,-.,....... '("" . . (\1 , , , I ~ I 1; 1 " , I r ~ I " ~ f 1 1, N \1 , I - _. .. _ rW ~ ..... ..... . ,- '- '1-' I':' , """, '- 'i',,' jc:.:.J, " , 't_', ''1- ,"', , "" :; " t_~ .' . _ . .,. ': ".-. . - . .,' , / , /~ '\ , J '. .r -. .... -------. RESOLUTION NO. --21::.219 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY WHEREAS, Resolution No. 93-54 adopted by the City Council on March 2, 1993, authorized permanent positions in the Library for FY94; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Library for FY94 be amended by: 1. The deletion of one part-time (.501 Library Clerk, AFSCME, paygrade 2. 2. The addition of one part-time (.50) Senior Library Clerk, AFSCME, paygrade 4. It was moved by Menon.l d and seconded by Novick adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x X- . Ambrisco Courtney X Horowitz Kubby -...lL- --X-- --1L --.L McDonald Novick Passed and approved this 3rd day of August , 1993. ~4 Ap roved by ATTEST: ~~~ of: cfcuJ CIT CLERK IudalllplfIOMl\polrlcdl.,.. 1--/103 1.'..----.-......- ... ...__....,,' """"""'.. ---.-..- '-'-. 17lJ-9 , I 15f~ I i I I . I I , i,'i i l , , 1;1 H I, \ I ! I !I: :; , I , I I I ~ 17 1-'. h . ~i1 I ~ i./ I. ii . , -, I , , I>: ~. . , , , . , , - I i , - "~I"L, . " , , ,.:,t I,: j~: c. ,~, ;J)' ", ,:." .;, ,.-'" ~--. . ., '. / I i,'\ " 1 1 _.~._-- -. ---'-" .~- rYi.l-J RESOLUTION NO. 93-220 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1994 FOR THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject sofely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of ell other fees and compensation as otherwise provided by law, and whera said employee shall receive or collect any fees or other compensation from others for sarvices as such employee, the same shall be paid to the City Treasury, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 3, 1993: City Attorney - $62,545,60 City Clerk. $41,745,60 City Manager. $91,728.00 It was moved by McDonald and seconded by adopted, and upon roll call there were: Amhri~/"'n the Resolution be AYES: NAYS: ABSENT: ...lL- -L- X- -lL- ..lL..- -L- Ambrisco Courtney x Horowitz Kubby McDonald Novick Pigott Passed and approved this 3rd d')z:',,,", / ' 1993. MAYO~ Approvea b 4 ~.y93 ATTEST: .~~~A"")..f ~A) CIT CLERK ty Attorney's Office cr.,khalllln.'" .........,.,'-.. 1593 I i , I , , 1 ! i , ~ " \ \ II' II II II Ii Ii IF :1 r: h 1\ " ri , ~ I! " .", ': 1- ~ 1'; ; !! I I .I II II , II 1\ f . , " ,I , ,! , I,; """I' . ___ ~-"'" -----... - ""'9\-- ~ ..-'.....~ -- ~ \(\. I ; ! 1 ! I I s ~ I , , I I I I I I I ( -,' - 1-' -t.', .", , . :: ',t,', 'j21". ._ " "~, '" , " , ;' .r~.. . _ . ; ',~. . ~I ,_ '. .' / " ,I,\., , .i '. .--...c-___ , ---- '....i -'~-'--.. fll )...5 RESOLUTION NO. 93-221 RESOLUTION RATIFYING MERITORIOUS COMPENSATION FOR FISCAL YEAR 1994 FOR THE UNCLASSIFIED POSITIONS OF CITY ATTORNEY, CITY CLERK, AND CITY MANAGER. WHEREAS, the City of Iowa City, Iowa employs certain personnel, subject solely to the action of the City Council, referred to as unclassified personnel; and WHEREAS, It Is In the best Interest of the City of Iowa City to ratify meritorious compensation for said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OFTHE CITY OF IOWA CITY, IOWA, that the following unclassified meritorious compensation for fiscal year 1994 for the three positions of City Attorney, City Clerk and City Manager be hereby ratified as follows: 1. Per evaluation held July 20,1993, for City Attorney, $2,501.82 totaling 4% of base salary. 2. Per evaluation held June 22, 1993, for City Clerk, $1,669.82 totaling 4% of base salary. 3. Per evaluation held June 21,1993, for City Manager, $3,669.12 totaling 4% of base salary. it was moved by HcDonald and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ---X- - Ambrlsco --1L- - Courtney - - x Horowitz x Kubby - ---X- - McDonald --1L- - -- Novick x Pigott - - Passed and approved this 3rd day of August .1993. ATTEST: ~iAAI) ~ .Jd-uJ CIT CLERK n~ar."'lcomp,l" ....h......""", J59~ ;''.'-. ; . , , ~ j II I 'il , :r ~L; : !,- i'i '" i.: " i( I ! I I I I I I, I I. I I I , i: L I I I , I,I( . I I,. 'I' . " ""If"'. ~,...~ ~....~... .-11IIJII.....---.~----........ --...- --- ~I- ~ __ (p' - -f"" ~ (: ,t-,'",;:,""tl ,',/:i,, ',",,' ,:, : ' ,.., '"1 V ", ' ~; _ '~.. ':.. r ~ . . . 11') +-:1 ORDINANCE NO. 93-3584 ORDINANCE AMENDING SECTION 10-35 OF THE CODE OF ORDINANCES OF IOWA CITY, AMENDING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES ANNEXED SINCE 1991. SECTION I. PURPOSE. The purpose of this amendment is to revise the voting precincts in Iowa City to reflect the inclusion of lands annexed to the corporate limits since 1991. SECTION II. AMENDMENT. Chapter 10, entitled "Elections," Article JU, entitled "Precincts," Section 10-35, entitled "Boundaries," of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by repealing subsection (9) and adding thareto a new subsection (9) to read as follows: (9) Precinct nine (9): Beginning at the southern intersection of the corporate limits of tha City of Iowa City and the center line of the Iowa River channel, north along the center line of the Iowa River channel to Highway 6, west along Highway 6 to its intersection with Highway 1 at Riverside Drive, west along Highway 1 to Miller Avenue, north along Miller Avenue to West Benton Street, west along West Benton Street to its intersection with Mormon Trek Boulevard, southerly along Mormon Trek Boulevard, to southern corporate limits of the City of Iowa City, starting east follow corporate limits of City of Iowa City to point of beginning. Precinct Nine (9) shall also include the following described property: 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 Northwest Quarter, 583.50 feet, to its intersection with the Northerly Line of the 40.04 Acre Parcel acquired by Condemnation, in the name of the City of Iowa City, Iowa, the procaedings of which are recordad 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'OO"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'OO"E, along said West Line, 70.08 feet, to its Intersection with said Southeasterly Right-of-Way Line of Iowa Primary Road No.1; Thence N37025'08"E, along said Southaasterly Line, 844.82 feet, to the Point of Beginning. Section 10-35 is further amended by repealing subsection (16) and adding thereto a new subsection (16) to read as follows: (16) Precinct sixteen (161: Beginning at the intersection of the eastern corporate limits of the City of Iowa City and Scott Boulevard, east, then north, along eastern corporate limits of City of Iowa City, then west along eastern corporate limits of City of Iowa City to Court Street, west along Court Street to Kenwood Drive, south along Kenwood Drive to FriendShip Street, westerly along FriendShip Straet to First Avanue, south along First Avenue to Muscatina Avenue, east along Muscatine Avanue to Scott Boulevard, south along Scott Boulevard to point of beginning. Precinct 16 (16) shall also Include the fallowing described property: The east 410 feet of the west 1070 feet of the south 830 feat of Saction 12, Township 79 North, Range 5 West of the Fifth Principal Meridian, excepting therefrom that portion of Court Street which lies within the limits of the above-described parcel. IS9S : , ~ i ~ I I:, I: Ij, 1\ I' I I,!. 'I, I I, 'i /' I, i. i I " I I , I I I , I I , I iI " , , I i Jr. --- - '1 - .... ( - ' . '-' ~ j'7t-' "c,', ," , . ',", .;, t, ".::.:I lj c ' " ' ,"c', " ., .. , , " . :;' ,,,~ ..'1......;.. ,"'. . '1:-.', ',: Ordinance No. 93-3584 Page 2 Precinct sixteen (16) shall also include the following described property: All that part of the E ~ of Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M. lying north of the Muscatine Road, except the North 60 acres of the NE % of said Sec. 18, Twp. 79 N., R. 5 West of the 5th P.M., except: Commencing at the concrete monument marking the southwest corner of the SE % of Sec. 18, Twp. 79N., R. 5 West of the 5th P.M.; thence on an assumad bearing of N0009'30" West 2408.4 feet to the centerline of the American Legion Road and the place of beginning; thence North 1886.06 feet; thence East 520.0 feet; thence South 300.0 feet; thence West 115.0 feet; thence South 300.0 feet; thance East 75.0 feet; thence South 2047'0" East 921.87 feet; thence South 67025'30" East 257.94 feet; thence South 22034'30" West 538.94 feet to the centerline of the American Legion Road; thance North 67024'20" West 602.26 feet to the place of beginning, and containing 23.8 acres, more or less and except: Commencing at the NE corner of Sec. 18, T79N, R. 5W of the 5th P.M.; thence SooOO'30" E, 3165.25 feet along the east line of said Section to the point of beginning; thence SOOOO'30"E, 808.21 feet along the east line of said Section to the centerline of American Legion Road; thence N6702~"20"W, 808.21 feet along the centerline of American Legion Road; thence N22035'40"E, 538.98 feet; thence N89059'30"E, 538.98 feet to the point of bag inning, said tract containing 10.00 acres more or less, and except: Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far Horizons Subdivision and Sec. 18, Twp. 79N., R5 West of the 5th P.M., Johnson County, Iowa; thence North 89057'00" East 881.71 feet to a point (for purposes of this description, the North line of said Lot 29 is assumed to bear due East); thence South 103'00" East 676.10 feet to the point of beginning of tract herein described; thence continuing South 103'00" East 441.00 faet to a point; thence South 88057'00" West 292.00 feet to a point; thence North 103'00" West 150.00 feet to a point; thence North 31 050'22" East 178.63 feet to a point; thence North 103'00" West 61.00 feet to a point; thence North 28018'28" East 91.79 feet to a point; thence N88057'OO" East 150.00 feet to the point of beginning and containing 2.4 acres more or less, and except: Commencing as a point of reference at the NE corner of Sec. 18, Twp. 79N., Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 50000'30" East 1,469.72 feet along the East line of the Northeast quartar of said Section 18 to a point of beginning of tract herein described (this is an assumed bearing for purposes of this description baa ring for purposes of this description only); thence South 89057'00" West 166.00 feet to a point; thance North 0000'30" West 188.00 feet to a point; thence South 89057'00" West 159.00 feet to a point; thence South 0000'30" East 364.09 faet to a point; thence North 89057'00" East 325.00 feet to a point of intersection with the East line of the Northeast quarter of said Section 18; thence North 0000'30" West 176.09 feet along the East line of the Northeast quarter of said Section 18 to point of beginning and containing 2.0 acres, more or less, and except: Commencing as a point of raference at the Northeast corner of Sec. 18, In Twp. 79N, R. 5 West of the 5th P.M., thence SooOO'30" east 1281.72 feet along the East line of the NE % of said Sec. 18, to a point (this is an assumed bearing for purposes of this description only), thence South 89057'00" West 33.00 faet to a point of intersection with the Westerly right-of-way line of the County Road and point of beginning of tract herein described thence continuing South 89057'00" West 133.00 feet to a point, thence South 0000'30" East 188.00 feet to point; thence North 89057'00" East 133.00 feet to a point of Intersection with the Westerly right-of-way line of said County Road; thence North 0000'30" West Part of the NE % of Sec. 18, Twp, 79N, R. 5 West of the 5th P.M., described as follows: , \ I' II. Ii " , " I ii, , I l ( Ii /I I I' /, . I' '" , i I,: I i " I I I I I I II I I II j! 1595 . (',:, 't''';/' '-:,' "t-l I-t" " :- " '.';'" '._'. ,','~, , ,. ; ': :'~ ". 'It,' ': V . . . '~ ' '.: , . \ ~' , . _' - I _"..~. , . . . , " '. " ' Ordinance No. 93-3584 Page 3 Commencing as a point of reference at the NE corner of said Sec. 18, thence SOOOO'30" East, 1146.72 feet along the east line of the NE % of seid Sec. 18 to a point (this is an assumad bearing for purposes of this description only); thence S89057'00" Wast 33 feet to a point of intersection with the Westerly right-of-way line of the County Road and point of bag inning of tract herein described; thence continuing South 89057'- 00" West 292.00 feet to a point, thence South 0000'30" East 135 feet to a point, thence North 89057'00" East 292.00 feet to a point of intersection with the westerly right-of-way line of said County Road, thence north 0000'30" West 135.00 feet along the Westerly right-of-way line of said County Road to point of beginning, and containing 0.90 acres, more or less, and except: Commencing at the NE corner of Sec. 18, T79 N., R5 W of the 5th P.M., thance SOOOO'30" E 991.72 feet along the East line of said section to tha point of beginning, (the previous course and distance baing a retrace of the survey recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa; thence from the said point of baginning, S89057' W 325 feet; thence SooO'30"E. 155 feat, thence N89057'E. 325 feet to the East line of said Section 18, thence NooOO'30"W. along said East line of Section 18, 155 feet to the point of beginning. Said tract containing 1.15 acres more or less. Excepting therefrom the following describad real estate, to-wit: Commencing as a point of reference at the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; Thence South 00000'30" East 991. 72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed baa ring for purposes of this description only); Thence South 89057'00" West 1,230.94 feetto a Point; Thence South 01 003'00" East 676.10 faet to the NE Corner of the property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thence S88 057'00" Wast 150.00 feet along the Northerly line of said property to the Point of Beginning; Thence South 28018'28" West 91.79 feet along the Westerly line of said Property to a Point; Thence South 01003'00" East 61.00 feet along the Westerly line of said Property to a Point; Thence South 31 050'22" West 178.63 feet along the Westerly Iina of said Property to a point; Thence South 01018'08" East 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37027'10 West 96.06 feet to a point; Thance South 00001'50" East 1,134.59 feat to a point of intersection with the Centerline of American Legion Road; Thence North 67027'14" Wast 64.15 feet along said Centerline to a point; Thence North 00001 '50" West 1,452.03 feetto a point; Thence South 89049'29" West 194.84 feet to a point; Thenca North 01 003'00" West 500.29 feet to a point; Thence North 90000'00" East 440.01 feet to a Point; Thence South Thence South 01 003'00" East 316.02 feet to the Point of Beginning, subject to easements and restrictions of record. The area of this described parcel is 7.04 acres more or lass. Parcels "B" and "C" as described and depicted on the survey recorded in Book 30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly described as follows: PARCEL "B" Beginning at the Southeast Corner of the Southeast Quarter of Section 7, Township 79 North, Range 6 West of the 5th. Principal Meridian, and for the purpose of this Legal Dascription, the North Line of said Southeast Quarter of Section 7 is assumed to bear N90000'00"E, in accordance with Existing Surveys of Record; Thence S00017'58"E, along the East Line of the Northeast Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North, Range 5 West of the 5th. Principal Meridian, 991.72 feet, a Recorded Dimension, to the Line of the Existing Fenca; Thance S89041'12"W, along the Line of the Existing Fenca, 1867.64 feet, to a Point which Is 244.09 feet, N89041'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of Far /595 I I.: I I,' I " I I I I I \ I: Ii n [, r ,\ I' !: , " ; . I I II I i \ I ,i r ,\ . , . \ ' " \ .\, i. " "L-, "=, t-l"", r ' . , ", "':,' , .' ..' r .,::" ,t, :" ,V . ,. ,', "':. -.' -. . -. ,.~ \ -, " , . . Ordinance No. 93-3584 Page 4 Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence NOO"29'08"W, along a Line Parallel with the West Line of seid Southeest Quarter of Frectional Section 7, 1886.95 feet; Thence N90000'00"E, elong e Line Perellel with the North Line of said Southeest Querter of Section 7,1863.54 feet, to e Point on the East Line of said Southeast Querter of Section 7; Thence SOo057'49"E, 885.09 feet, to the Point of Baginning. Said tract of land contains 80.71 acres, more or less, end is subject to easements and restrictions of record. PARCEL "C" Beginning et e *.inch Iron Pin found et the Northwest Corner of the Southeast Quarter, of Frectlonal Section 7, Township 79 North, Range 5 West of the 5th. Principal Meridian; Thence N90000'OO"E, (a Recorded Bearing) 771.89 feet along the North Line of said Southeast Quarter of Fractionel Section 7, to a 5/8.inch Iron Pin found at the Northwest Corner of the Parcel, the Survey of which is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence SOOOOO'20"W, 326.03 feet, to the Southwest Corner of said Surveyed Parcel; Thence S00029'08"E, along a Line Parallel with the West Line of said Southeast Quarter of Section 7,3308.69 feet; Thence S89041'12"W, 244.09 feet, to the Northwest Corner of Lot 29, of the Replat of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the Records of the Johnson County Recorder's Office; Thence S89042'53" W, along the North Line of said Far Horizons Subdivision, 520.00 feet, to a 5/8.inch Iron Pin found at the Northwest Corner of Lot 1 of said Far Horizons Subdivision; Thence N00045'33"W, along the Line of the Existing Fence 1043.05 feet, to a Standard Concrete Monument found at the Southwest Corner of said Southeast Quarter of Section 7; Thence N00029'08"W, 2595.66 feet, to the Point of Beginning. Said tract of land contains 64.16 ecres, more or less, end is subject to easements end restrictions of record. Excepting therefrom the following described real estate, to.wit: Commencing as a point of reference et the Northeast Corner of Section 18, Township 79 North, Range 5 West of the 5th P.M., Johnson County,lowe; Thence SOOOOO'OO"E 991.72 feet along the Easterly line of the NE Quarter of said Section 18 to a point (this is an assumed bearing for purposes of this description only); thence South 89057'OO"W 1,230.94 feet to a Point; Thence South 01 003'OO"E 676.10 feetlo the NE Corner of the property recorded in Plet Book 10, Page 35 at the Johnson County Recorder's Office, Johnson County, Iowa; Thance S88057'00"W 150.00 feet along the Northerly line of said property; Thence South 28018'28"W 91.79 feet along the Westerly line of said Property to a Point; Thence SOl 003'OO"E 61.00 feet along the Westerly line of said Property to a Point; Thence South 31 050'22"W 178.63 feet along the Westerly line of said Property to a Point; Thence South 01 018'08"E 150.07 feet along the Westerly line of said Property to the Southwest Corner of said Property; Thence South 37027'10"W 96.06 feet to a Point; Thence South 00001'50"E 1,134.59 feetto a Point of intersection with the Centerline of American Legion Road to the Point of Beginning; Thence N67 0 27'14"W, 162.45 feet along said Centerline; Thence NOOoO l'50"W, 857.35 feet; Thence N60017'56"E, 55.00 feet; Thence NOooOl'50"W, 275.00 feet; Thence N60017'56"E, 117.63 feet; Thence SOooOl'50"E, 1,280,17 feet to the Point of Beginning. Said tract of land containing 3.85 acres, more or less, and is subject to easements and restrictions of record. I ~ i 1\ r " I, I ii I' ',' , 'I' I I: , 1\ I ! I ',' II 1'" Ii I I I I II I Ii '; II , Precinct sixteen (16) shall also include the following described property: Lot 1. Penningroth Park Addition, Johnson County, Iowa according to the plat thereof recorded in Book 26, Page 79, Plat Records of Johnson County, Iowa. I /595 , , , ' , (' " '-'" -I' 't-" '-t ' , ",;, ,', ' , , .~ ' " '.', t " I'~' :', I " '" ',"" ',: .. t~. '_' ~. ~-: ,'. '. '1 " , --'..-. ...~ Ordinance No. 93-3584 Paga 5 EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence NOO 0 26'11 "W along the West Lina of said Southwest Quarter, 2409.14 feet to a Point on the Centerline of American Legion Road; Thence S67040'24"E along said Centerline, 1104.90 feet to the Point of Beginning; Thence NOoo12'OO"W, 1130.01 feet; Thence N37016'21 "E, 175.37 feet; Thence SOl 028'11 "E, 79.89 feet; Thence S37016'21 oW, 96.10 feet, Thence SOoo12'Ol "E, 1133.78 feet to a Point on the Centerline of American Legion Road; Thence N67041'27"W, 54.14 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southwest Corner of the Southeast Quarter of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence N00026'11"W, along the West line of said Southwest Quarter, 2409.14 feet to a Point on the Centerline of American Legion Road; Thence S67040'24"E along said Centerline, 1104.90 feet; Thence NOoo12'OO"W, 1130.01 feet to the Point of Beginning; Thence N00012'OO"W, 149.45 feet; Thence N61028'13"E, 121.00 feet; Thence SOl 028'11 "E, 70.18 feet; Thence S37016'21"W, 175.37 feet to the Point of Beginning. Precinct sixteen (16) shall also include the following described property: Commencing at the Northeast Corner of the Northwest Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence S00002'42"E, 337.00 feet on the East line of said Northwest Quarterto the Point of Beginning; Thence S00002'42"E, 370.38 feet on said East line; Thence N89028'll "W, 1217.03 feet; Thence N36018'05"E, 12.86 feet; Thence N56021'31 "E, 408.32 feet; Thence N85044'22"E, 297.52 feet; Thence N78049'21"E, 326.95 feet; Thence N81 037'27"E, 254.40 feet to the Point of Beginning. SECTION III. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of August, 1993. ATTEST: ,,~~,f -/11/1) CITY CL RK Approved by :ElF' 7 -;( -'73 ICDdlv\preelncl,otd IS'S : I I, \ !i I .. II: II I: ii, II ( (.: " I I , I', I'; !'" , " I ( r; l ; I " I I I' I l II 'I i ,i ,I 'I I I I, '! , , \\. .' , . , " 'f,' "i'--(' n .=t, ,',,' , I; '_~ _." __. r--, , . . / I ;' ," ~\ 1 , , ' ", l' .......---. -- It was moved by Ambrisco and seconded by as read be adopted, and upon roll call there were: McDonald that the Ordinance AYES: NAYS: ABSENT: x x Ambrlsco Courtney 11 Horowitz Kubby Pigott McDonald Novick x x x x ----..---. First Consideration Julv 6, 1993 Vote for passage: AYES: McDonald, Novick, Ambrisco, Courtney, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration 7/20/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, McDonald, Novick, Pigott, Ambrisco. NAYS: None. ABSENT: None. Date published Billig 1 ',-""."..........~. ",.... ...... '''''' .. ,"I 15'~., , " , i' ;, ~ i I; :! .., Iii 1\ Ii i Ii I,,: (Ii \' 'I' I ! 1 " " , II .~ '\', I, ii { I : 1 i (j ,'I" 'I' I , :11' 'I, I , ! ! i "