HomeMy WebLinkAbout1994-07-19 Resolution
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RESOLUTION NO. 94-21510
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his 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:
Maxie's - 1920 Keokuk Street
6:20 - 620 S. MadisonStreet
Field House - 111 E. College Street
It was moved by Novick and seconded by Throgmorton that the Resolution
as read be adopted, and upon roll call there were:
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AYES: NAYS: ABSENT:
x Baker
X Horowitz
X Kubby
X Lehman
X Novick
11' Pigott
11' Throgmorton ..1 ,l
Passed and approved this 19th day of
, 192!L.
July
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MAYOR '-
App ved by
ATTEST: ~~~,.~ ~
CIT -,CLERK " ,
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RESOLUTION NO, 94-?qq
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA.
TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE HIGHWAY 1/MORMON TREK INTERSECTION
IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
A public hearing on the plans, specifications, form of contract, and estimat~ of cost for
the construction of the above-mentioned project is to be held on the J.9ttfCfay ot..Jtrl1. ~
1994, at 7:30 p,m. in the Council Chambers, Civic Center, Iowa City, Iowa. rM7Y
The City Clerk is hereby authorized and directed to publish notice of the public hearing ml!
for the above-named proposal in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing,
2.
3.
A copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk, for public inspection.
Passed and approved this 19th
day of
, 1994.
J"ly
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MAYOR -
C. Y Attorney's Office ~
ATTEST: 71~.J! ~~
CITY CLERK ,'".
It was moved by Novick and seconded by 'I'\1l:08lllQrtQR
be adopted, and upon roll call there were:
the Resolution
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION NO. 94-240
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA.
TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE NORTHWEST SANITARY SEWER PROJECT,
PHASE II, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
A public hearing on the plans, specifications, form of contract, and estimat~ of cost for
the construction of the above-mentioned project is to be held on the j.9!If(ray 0.f..JtrlY. ~
1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 1h~/k
The City Clerk is hereby authorized and directed to publish notice of the public hearing IJ!
for the above-named proposal in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing.
2.
3. A copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 19th
day of July
, 1994.
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MMOR
.. ~CLERK . ~meY's Office 7/o/f}'
It was moved by Novick and seconded by Throgmorton
be adopted, and upon roll call there were:
the Resolution
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION NO.
94-241
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF LIENS FOR PROPERTY LOCATED AT 803 E.
CHURCH STREET, IOWA CITY, IOWA
WHEREAS, on July 31, 1990, the property owner of 803 E. Church Street executed a
Promissory Note to the City of Iowa City in the amount of $3,513.50 in exchange for Housing
Rehabilitation Assistance; and
WHEREAS, on November 20, 1991, the owner executed a second Promissory Note to the
City of Iowa City in the amount of $19,600 in exchange for additional Housing Rehabilitation
Assistance; and
WHEREAS, on April 28, 1993, the owner executed a third Promissory Note to the City of
Iowa City in the amount of $6,060.72 in exchange for additional Housing Rehabilitation
Assistance; and
WHEREAS, said Promissory Notes created liens against the subject property totalling
$29,174.22; and
WHEREAS, the total balance due under all loan instruments was paid in full on June 22,
1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Liens for recordation, whereby the City does release the property located at 803 E. Church
Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the
principal amounts of $3,513.50, $19,600 and $6,060.72, which obligations were recorded
in Book 1160, Pages 171 thru 175; Book 1303, Pages 262 thru 266; and Book 1592, Page
231, respectively, of the Johnson County Recorder's Office.
Passed and approved this 19th
day of
,1994.
July
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MAYOR'
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It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIENS
The North half of Lot 4, Block 9, Iowa City, Iowa, according to the recorded
plat thereof.
The City of Iowa City does hereby release the property located at 803 Church Street, Iowa
City, Iowa, legally described as follows:
from the following obligations:
1. An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $3,513.50 represented by a Promissory Note recorded on July 31, 1990,
in Book 1160, Pages 171 thru 175 of the Johnson County Recorder's Office.
By:
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2. An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $19,600 represented by a Promissory Note recorded on November 20,
1991, in Book 1303, Pages 262 thru 266 of the Johnson County Recorder's Office.
3. An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $6,060.72 represented by a Promissory Note recorded on April 28, 1993,
in Book 1592, Page 231 of the Johnson County Recorder's Office.
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These obligations have been satisfied and the property is hereby released, in full, from any
liens or clouds upon title to the above property by reason of said prior recorded documents.
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THE CITY OF IOWA CITY
Susan M. Horowitz, Mayor
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Attest: 7h~ cJ! ~
~r MarianlK,' Karr, City Clerk
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STATE OF IOWA )
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JOHNSON COUNTY )
On this '1 H, day of ""'3:'-'1 ,194-,beforeme, Sc>ndrt>.e. .
~ I a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa
City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in Resolution No. 94- z.'i-' passed by the City
Council on the '9 +i day of --::r~~ ' 19 qi ' and that Susan M.
Horowitz and Marian K. Karr acknowledged t e execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
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RESOLUTION NO. 94-242
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RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTESTTHE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1601 CENTER
AVENUE, IOWA CITY, IOWA
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WHEREAS, on December 18, 1986, the property owner of 1601 Center Avenue executed a
Promissory Note to the City of Iowa City in the amount of $2,500 in exchange for Housing
Rehabilitation Assistance; and
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WHEREAS, said Promissory Note created a lien against the subject property; and
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WHEREAS, the balance due under the loan instrument was paid in full on December 7, 1992.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 1601 Center
Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the
principal amounts of $2,500, which obligation was recorded in Book 905, Page 68 of the
Johnson County Recorder's Office.
,
Passed and approved this 19th day of Jul v
,1994.
J-,-"4dJ)k ~CS
MAYOR -
pprov d by
ATTEST:~~).J! ~
" CIT CLERK ,
It was moved by 'Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
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Kubby
Lehman
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Throgmorton
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RELEASE OF LIEN
The City of Iowa City does hereby release the property located at 1601 Center Avenue, Iowa
City, Iowa, legally described as follows:
Lot 1 in Block 12 in Rundell, an addition to Iowa City, Iowa according to the
recorded plat thereof.
from the following obligation:
An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $2,500 represented by a Promissory Note recorded on December 18, 1986,
in Book 905, Page 68 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
THE CITY OF IOWA CITY
By:
Attest: 7{~.J I( idwJ
, , Marian K. Karr, City Clerk
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this (9 +1l day of J....~ ' 19 q+ , before me, SOl\dr-o."- .
h;,.,.t.. , a Notary Public in and for the State of Iowa, personally appeared Susan
M, Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and
that the instrument was signed and sealed on behalf of the corporation, by authority of its
City Council, as contained in Resolution No. '14-- ?4-z. passed by the City Council on the
,q f~ day of Jlo4,~!.J. ' 19 ql{- , and that Susan M. Horowitz 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.
s""'~ t;;b-
Notary Public in and for the State of Iowa
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RESOLUTION NO. 94-241
RESOLUTION AUTHORIZING THE MA VOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 226 S.
JOHNSON STREET, IOWA CITY,IOWA
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WHEREAS, on June 14, 1985, the property owner of 226 S. Johnson Street executed a
Promissory Note to the City of Iowa City to secure a loan for $10,000 with a declining
balance loan in exchange for Housing Rehabilitation Assistance; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, $9,000 of said $10,000 loan has been forgiven, leaving a remaining principal
balance of $1,000; and
WHEREAS, the remaining balance due for the loan was paid in full on June 15, 1994.
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Passed and approved this 19th day of
.1111y
,1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 226 S. Johnson
Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the
principal amount of $10,000, which obligation was recorded in Book 775, Pages 260 thru
263 of the Johnson County Recorder's Office.
ATTEST:~;~ ~
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It was moved by IJc"'i ~k and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
11
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIEN
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The City of Iowa City does hereby release the property located at 226 S. Johnson Street,
Iowa City, Iowa, legally described as follows:
South 100 feet Lot 5 and S. 100 feet of the W. 40 feet of Lot 6, in Block 23,
of Iowa City.
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from the following obligation:
An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $1,000 represented by a Promissory Note recorded on June 14, 1985, in
Book 775, Pages 260 thru 263 of the Johnson County Recorder's Office.
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This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the property above by reason of said prior recorded documents.
By: ~A1 'th.~~ -
/Susan M. Horowitz, Mayor
THE CITY OF IOWA CITY
Attest: J2Je~ .f ~)
MarianK. Karr, City Clerk
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STATE OF IOWA )
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JOHNSON COUNTY )
On this I q +l, day of T w..~ ' 19 JL, before me, S()tJ,..C\P
Fo,* ' a otary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as conta~ in Resolution No. 9+- Zl(-3 passed by the
City Council on the ~ day of J~!:::I,\. , 19Ji:-, and that Susan M.
Horowitz 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.
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Notary Public in and for the State of Iowa
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RESOLUTION NO. 94-?44
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1228 LOUISE
STREET, IOWA CITY,IOWA
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WHEREAS, on July 30, 1991, the property owner of 1228 Louise Street executed a Life Lien
Note in the amount of $2,500 in exchange for Housing Rehabilitation Assistance; and
WHEREAS, the balance due under the loan instrument was paid in full on July 7, 1994.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 1228 Louise
Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the
principal amount of $2,500 which obligation was recorded in Book 1280, Pages 298 through
302, respectively, of the Johnson County Recorder's Office.
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Passed and approved this 19th day of
July
,1994.
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It was moved by Novick and seconded by ThrogJl1nrtnn the Resolution be
adopted, and upon roll call there were:
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AYES:
NAYS:
ABSENT:
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X
X
X
X
X
x
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Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIEN
The City of Iowa City does hereby release the property located at 1228 Louise Street, Iowa
City, Iowa, legally described as follows:
Lot Nine (9), Block Six (6), Towncrest Addition to Iowa City, Iowa, according
to the recorded plat thereof, subject to covenants, restrictions and easements
of record.
from the following obligation:
1.
An obligation of the property owner to the City of Iowa City, Iowa, in the principal
amount of $2,500 represented by a Life Lien recorded on July 30, 1991, in Book
1280, Pages 298 thru 302 of the Johnson County Recorder's Office.
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This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
THE CITY OF IOWA CITY
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Approved by
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usan M. Horowitz, Mayor
City Attorney's Office
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Attest: Jt~'" ~ tyauJ
Manan K. Karr, City Clerk
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JOHNSON COUNTY I
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On this It:{ day of j(,L~~, ' 19 Cf4 ,before me, ,J~ltO{
h..-t , a f'4otary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contaUW!. in Resolution No. '11-~ 21f passed by the
City Council on the /q+b.. day of Jt<.1 ' 19~, and that Susan M.
Horowitz and Marian K. Karr acknowledged ~e execution of t'helnStrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
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RESOLUTION NO, 94..:245
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER
MANAGEMENT EASEMENT AGREEMENT FOR IDYLLWILD CONDOMINIUMS
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and
Idyllwild, Inc. (hereinafter "Developer") entered into a Stormwater Management Easement
Agreement for Idyllwild Condominiums dated February 12, 1992, and recorded in the Johnson
County Recorder's Office in Book 1337, Pages 163-167; and
WHEREAS, the Stormwater Management Easement Agreement and Large Scale Residential
Development (LSRD) Plan for Idyllwild Condominiums obligate Developer to construct two
stormwater management facilities; and
WHEREAS, the City does not ordinarily release a development from the construction
requirements relating to stormwater management facilities until the City Engineer certifies that
permanent groundcover is established and mowable; erosion and sedimentation are wholly or
substantially controlled; and substantially all lots within the tributary area in the development
have been developed; and .
WHEREAS, in the interim, a lien remains on Idyllwild Condominiums with a cloud on the titles
to all the condominiums in the development; and
WHEREAS, local builders and financial institutions are unable to market local mortgages on
the secondary mortgage market by reason of these liens and clouds on the title; and
WHEREAS, the Partial Release Agreement would remove the cloud on the title to Idyllwild
Condominiums, while protecting the City by reason of the lien attaching to an established
escrow fund, said escrow fund to be established and maintained by the City Finance
Department; and
WHEREAS, the remaining requirements for maintenance, access and other requirements of
the Stormwater Management Easement Agreement and the requirement of the LSRD plan
would 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 Partial Release Agreement for Idyllwild
Condominiums in order to protect local property values. '
The Council finds that transferring the real estate lien to the escrow account is
reasonable under the circumstances and protects the City's interests.
2.
3.
The Mayor is hereby authorized to execute and the City Clerk to attest the Partial
Release Agreement, a copy of which is attached hereto. Developer shall record this
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Resolution No. 94-245.
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agreement in the Johnson County Recorder's Office.
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Upon certification from the City Engineer that construction of the stormwater
management facilities has been satisfactorily completed; permanent groundcover has
been established and is mowable; erosion and sedimentation has been wholly or
substantially controlled; and, in the opinion of the City Engineer, substantially all lots
within the trtbutary area in the Development have been developed, the Mayor and City
Clerk are authorized to execute a final release for recordation in the Johnson County
Recorder's Office.
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It was moved by Novi ~k and seconded by Throemorton
be adopted, and upon roll call there were:
the Resolution
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AYES: NAYS: ABSENT:
X Baker
x Horowitz
x Kubby
x Lehman
x Novick
x Pigott
x Throgmorton
Passed and approved this 19th day of Julv , 1994.
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CITY LERK'.'
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PARTIAL RELEASE AGREEMENT
This Partial Release Agreement is made between the City of Iowa City, Iowa, a
municipal corporation (hereinafter "the City") and Idyllwild Development, Inc.
(hereinafter "Developer").
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
1. The parties acknowledge that by reason of a Large Scale Residential
Development Plan (hereinafter "LSRD") and Stormwater Management Easement
Agreement for Idyllwild Condominiums (hereinafter "Development") dated
February 12, 1992, and recorded in the Johnson County Recorder's Office in
Book 1337, Pages 163-167, as part of the documents beginning at page 146,
Developer is obligated to construct Stormwater Management Facilities
(hereinafter "Facilities") as required by the City and as a benefit to the
Development. The parties further acknowledge that this obligation is deemed
a covenant running with the land.
2. The parties acknowledge that $7,500.00 has been placed in escrow with the
City for Idyllwild Condominiums. The parties further acknowledge that this
escrow is being retained by the City pending completion of the Facilities, as
certified by the City Engineer.
3. The City acknowledges that construction of the Facilities herein has been
substantially completed, but that final release of the Facilities by the City is not
yet appropriate. For this reason, the Stormwater Management Easement
Agreement constitutes a lien and cloud on the property in the Development.
In consideration of the City's release of its lien on the property, Developer
agrees that the lien on the property in the Development 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 the Facilities has been
completed; permanent groundcover is established and mowable; erosion and
sedimentation are controlled; and, in the opinion of the City Engineer,
substantially all land within the tributary area in the Development has been
developed. At such time, the City will issue a final release to the Developer for
recordation.
5. Developer agrees that said escrow will be retained until all work on the
Facilities has been completed and the Facilities are finally released by the City
as provided above.
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6. In consideration thereof, the City does hereby release Idyll wild Condominiums
from any lien or cloud now placed on the title to the above property for the
purposes stated in paragraphs 1 through 4 above, and arising out of the
agreement referenced in paragraph 1 above.
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7. This Partial Release Agreement shall not be construed as a release of
Developer's obligations to complete the stormwater management facilities and
the site work incident thereto, which obligations shall remain the Developer's
responsibility until the Facilities have been completed and finally released by the
City. Nor shall this Partial Release Agreement in any way alter, amend or
modify the Stormwater Management Easement Agreement recorded in the
Johnson County Recorder's Office in Book 1337, Pages 163-167, or the LSRD
and OPDH plans except as provided in this agreement.
Dated this I ~\1 day of July, 1994
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CITY OF IOWA CITY, IOWA
BY: }no
Sus n M. Horowitz, Mayor
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Attest: ~, iI,,~
Marian K. Karr, City Clerk,'IC' '
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On this 11 day of July, 1994, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Benjamin Chait, to me personally
known, who being by me duly sworn did say that he is the President 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 Benjamin Chait as officer
acknowledged the execution of the foregoing instrument to be the voluntary act and
deed of the corporation, by it and by him voluntarily executed.
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No ry Public in and for the
State of Iowa
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MY COMMISSION EXPIRES
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JOHNSON COUNTY )
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On this ~ day of July, 1994, before me, the undersigned, a Notary Public
in nd for said County, in said State, personally appeared Susan M. Horowitz and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of said municipal corporation
executing the foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation by authority of City council of said municipal corporation; and
that the Susan M. Horowitz 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.
STATE OF IOWA
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Notary Public irland
State of Iowa'
for the
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RESOLUTION NO.
94-246
RESOLUTION ACCEPTING THE WORK FOR THE 1994 SANITARY AND STORM
SEWER PROJECT
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WHEREAS, the Engineering Division has recommended that the work for construction of the
1994 Sanitary and Storm Sewer Project as included in a contract between the City of Iowa
City and Tschiggfrie Excavating, of Dubuque, Iowa, dated February 7,1994, be accepted and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 19th day of July
/1994.
JLu 'rh. ~j
M'A YOR ~
Approved by
ATTEST'C~',f. ~ C YA~,,",~137
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It was moved by Novick and seconded by Thregmert6fi the Resolution be
adopted, and upon roll call there were:
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AYES: NAYS: ABSENT:
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x Horowitz
x Kubby
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X Pigott
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CITY OF IOWA CITY
ENGINEER'S REPORT
July 11, 1994
Honorable Mayor and City Council
Iowa City, IA
Re: 1994 Sanitary and Storm Sewer Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the 1994 Sanitary and Storm Sewer Project has been
completed in substantial accordance with the plans and specifications of the Engineering
Division of the City of Iowa City. The final contract price is $694,697.76.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
Jl~t;Ab
Richard A Fosse, P,E,
City Engineer
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RESOLUTION NO. 94-247
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH-
WEST ESTATES SUBDIVISION, PART 5, AND DECLARING PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Sanitary sewer, storm sewer, and water main improvements for Southwest Estates
Subdivision, Part 5, as constructed by Maxwell Construction Inc. of Iowa City, Iowa.
Paving improvements for Southwest Estates Subdivision, Part 5, as constructed by
Streb Construction Co., Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
X
X
11
X
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Throgmorton
Passed and approved this 19th
day of Ju1v , 1994,
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CITYLERK ,,':
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ENGINEER'S REPORT
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CITY OF IOWA CITY
July 11, 1994
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Honorable Mayor and City Council
Iowa City, IA
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Re: Southwest Estates, Part 5
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Dear Honorable Mayor and Council persons:
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I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving
improvements for Southwest Estates, Pari 5 has been completed in substantial accordance with
the plans and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and
water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and
for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa.
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I recommend that the above-referenced improvements be accepted by the City of Iowa City.
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Richard A. Fosse, P.E.
City Engineer
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410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 52240.1126. (311) 356.5000' FAX (311) 356.5009
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RESOLUTION NO.
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RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE MAP DESIGNA lION OF PROPERTY LOCATED EAST OF HARLOCKE
STREET FROM 16-24 DWELLING UNITS PER ACRE TO 2-8 DWELLING UNITS
PER ACRE.
WHEREAS; the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable
within the context of set goals and objectives described within the Plan; and
WHEREAS, the City Council, following public hearing, has made the following findings:
A. Portions of the vacant properties located east of Harlocke Street and known as the
Jensen tract are designated for 16-24 dwelling units per acre.
B.
Due to the topography of the area and increased vehicular congestion in the immediate
area, development at a density of 16-24 units per acre would be inappropriate and may
have negative effects on adjacent properties.
C. Designating the subject properties for development at 2-8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that
changing the land use map designation of property located east of Harlocke Street, known as
the Jensen tract, from 16-24 dwelling units per acre to 2-8 dwelling units per acre falls within
the context of the goals and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Comprehensive Plan Land Use Map is hereby amended by changing the land use
map designation of property located east of Harlocke Street, known as the Jensen
tract, from 16-24 dwelling units per acre, to 2-8 dwelling units per acre.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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RESOLUTION NO.
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RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE MAP DESIGNATION OF PROPERTY LOCATED NORTH OF
HIGHWAY 1 WEST FROM 8.16 DWELLING UNITS PER ACRE TO 2.8
DWELLING UNITS PER ACRE.
WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable
within the context of set goals and objectives described within the Plan; and
WHEREAS, the City Council, following public hearing, has made the following findings:
A. Portions of the vacant properties located north of Highway 1 West and known as the
Ruppert tract are designated for 8-16 dwelling units per acre.
B. Due to the topography of the area and increased vehicular congestion in the immediate
area, development at a density of 8.16 units per acre would be inappropriate and may
have negative effects on adjacent properties.
Passed and approved this
day of
,1994.
C. Designating the subject properties for development at 2-8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that
changing the land use map designation of property located north of Highway1, known as the
Ruppert tract, from 8.16 dwelling units per acre to 2.8 dwelling units per acre falls within the
context of the goals and objectives of the Comprehensive Plan.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT: ,
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1. The Comprehensive Plan Land Use Map is hereby amended by changing the land use
map designation of property located north of Highway 1, known as the Ruppert tract, from
8.16 dwelling units per acre, to 2-8 dwelling units per acre.
MAYOR
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ATTEST:
CITY CLERK
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RESOLUTION NO. 94-248
RESOLUTION APPROVING FINAL PLAT OF SCOTT'S FOURTH ADDITION,
JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Dean Oakes, filed with the City Clerk the final plat of Scott's Fourth
Addition, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Johnson
County, Iowa:
Lot 4, of Scott's Second Addition, in accordance with the Plat thereof,
Recorded in Plat Book 31, at Page 46, of the Records of the Johnson County
Recorder's Office, into lots and streets, as shown hereon.
,.:.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat 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 free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1993) and all other state and local requirements.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
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2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
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Passed and approved this 19th day of Jul v
,1994.
~a.M '^
MAYOR -
ATTEST:71~~ ~ !lad
CIT CLE~K' . ' '
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It was moved by Novi r.k and seconded by
adopted, and upon rol~ call there were:
R"kPT
the Resolution be
. AYES: NAYS: ABSENT:
i J[ Baker
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.r Kubby
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Robert Miklo
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Item: SUB94-0010. Scott's Fourth Addition.
Date: May 19, 1994
GENERAL INFORMATION:
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Applicant:
Dean Oakes
P.O. Box 14565
Iowa City, IA 52244
Phone: 338-1144
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Size:
13.4 acres.
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Requested action:
Final subdivision plat approval.
Purpose:
To establish a seven-lot commercial
subdivision.
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Location:
Southwest quadrant of the intersection
of U.S. Highway 218 and Highway 1.
Existing land use and zoning:
Vacant; CP1 and CP2 (County Zoning).
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Surrounding land use and zoning:
North -Commercial and single-family
residential; R 1 A and CP1 and
CP2.
East - Agricultural and Highway 218;
RS.
South - Agricultural; RS.
West - Single-family residential and
agricultural; R 1 A and RS.
Fringe area:
Area 8.
Applicable regulations:
Fringe Area Policy' Agreement,
Subdivision Regulations.
File date:
April 28, 1994.
June 13, 1994.
45-day limitation period:
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60-day limitation period:
June 29, 1994.
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SPECIAL INFORMATION:
Public utilities:
Public utilities are presently not
available. Individual septic systems are
proposed. Private wells are proposed
to serve all lots.
Public services:
Police protection will be provided by
Johnson County. Fire protection will be
provided by the Coralville Fire District.
Transportation:
Access to all lots would be via Alyssa
Court, which intersects with Naples
Avenue to the east.
Physical characteristics:
The tract gradually slopes downward
from the west to the east.
BACKGROUND INFORMATION:
Earlier this year, the City and County approved the preliminary plat of Scott's Fourth Addition.
The property is located in Fringe Area 8 of the Iowa City/Johnson County Fringe Area
Agreement (Area C of the proposed amended Fringe Area Policy Agreementl, and is zoned
County Planned Commercial (CP2).
ANALYSIS:
As submitted, Lots 1 through 6 of the final plat of Scott's Fourth Addition are in general
compliance with the approved preliminary plat. The area containing Lot 7 differs from the
approved preliminary plat in that the preliminary plat included Lot 8 with frontage onto a
service road with access to Highway 1. The preliminary plat also indicated that Lot 8 would
not have access to Highway 1 except for residential uses.
The final plat shows that Lot 8 has been eliminated and combined with Lot 7. Lot 7 now has
frontage onto the service road for Highway 1. This is an acceptable design provided that the
plat notes that Lot 7 will not have direct vehicular access onto the service road that leads to
Highway 1. The plat shows that Lot 7 has an alternative access via a 40-foot wide easement
to Alyssa Court between Lots 4 and 5. Prohibiting access from Lot 7 to the Highway 1
service road will help minimize traffic safety concerns at the intersection of Highway 1 and
the service road. In addition to being noted on the plat, this access restriction should be
included in the legal papers.
The approved preliminary plat specifies that Alyssa Court will be built to City standards. This
should be indicated on the construction plans.
The legal documents for Scott's Second Addition specified that Naples Avenue would be
approved adjacent to this development. An extension of the requirement for that improve-
ment was granted by the County and City on two occasions. The current agreement specifies
that the improvements were to be completed by July 1, 1993. The required improvements
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have not been completed at this time. Due to the current substandard condition of Naples
Avenue and the anticipated commercial development that will occur in this subdivision, the
final plat for Scott's Fourth Addition should not be approved until the improvements to Naples
Avenue are completed. The improvements to Naples Avenue should extend the full length of
this subdivision.
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Storm water management facilities will be required to serve this subdivision. The Public Works
Department is currently viewing storm water management plans and calculations.
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Legal documents for Scott's Fourth Addition have been submitted and are being reviewed by
the City Attorney's Office. As noted above, these legal documents should be revised to
address concerns regarding access and infrastructure improvements. Construction plans have
not been submitted to the Public Works Department. They must be submitted and approved
by the Public Works Department prior to City Council consideration of the final plat.
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1. A note regarding prohibition of direct vehicular access from Lot 7 to the Highway 1
frontage road should appear on the plat and in the legal documents.
STAFF RECOMMENDATION:
Staff recommends the final plat of Scott's Fourth Addition be deferred. Upon resolution of
the deficiencies and discrepancies noted below, staff recommends approval subject to City
Attorney's Office approval of legal papers and the Public Works Department approval of
construction plans prior to Council consideration of the final plat.
DEFICIENCIES AND DISCREPANCIES:
2. The dimension of t~e area between the west property line at Lot 7 and the Iowa-Illinois
Gas & Electric easement should appear on the plat.
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3. The word "proposed" should be removed from the storm water detention basin easement
label on Lot 2.
4. Construction plans must be submitted.
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5. The required improvements to Naples Avenue should be completed.
ATTACHMENT:
1. Location Map.
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Approved by: ~b...09 -
Melody Rockwell, cting Senior Planner
Department of Planning and
Community Development
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SCOTT'S FOURTH ADDITION
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RESOLUTION NO. 94-249
RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE
1994 COMMUNITY DEVELOPMENT BLOCK GRANT ICDBG) BUDGET.
WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant
(CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD)
under Title I of the Housing and Community Development Act of 1974, as amended, and Title
IX of the Affordable Housing Act of 1990; and
WHEREAS, on April 26, 1994, the City of Iowa City adopted Resolution No. 94-123,
authorizing filing of the 1994 CDBG Program Statement; and
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WHEREAS, the addition of a new project requires an amendment to said 1994 CDBG Program
Statement and Budget; and
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WHEREAS, it is an objective of the CDBG Program to make affordable housing available to all
residents of Iowa City, and
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WHEREAS, Hillcrest Family Services has requested that $17,300 of 1994 CDBG funds be
utilized to provide operational costs as required for a HUD Supportive Housing Grant; and
WHEREAS, on June 22, 1994, the Committee on Community Needs recommended approval
of said allocation of funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the 1994 Community Development Block Grant Program Budget as amended,
attached hereto as Exhibit A is hereby approved.
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Passed and approved this 1 q~h day of
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,1994.
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adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Kubby
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET SUMMARY - 1994 PROGRAM YEAR
Proieet
CDBG Budl!et CDBG Budl!et
Approved 4/26/94 Amended 7/19/94
Acquisition
GICHF/Burns - Affordable Mixed Income Multi-family Rental Housing $151,500
$151,000
Public Facilities and Improvements
Neighborhood Centers of Johnson County - New Facility
Goodwill Rehab Phase V
Domestic Violence Intervention Program - Children's Area Development
GICHF - Landscaping
Iowa City Public Housing Authority - Landscaping
Youth Homes - Exterior Repair of Waterfront Drive Property
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151,000
51,000
15,500
8,500
33,500
61,000
151,000
51,000
15,500
8,500
33,500
61,000
Public Services
LIFE Skills, Inc. - Housing Support Program Coordinator
Mayor's Youth Employment Program - Youth Stipends
Hillcrest Family Services - Operational Costs Transitional
Housing Program
Aid to Human Service Agencies
16,060
16,250
16,060
16,260
17,300
105,000
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105,000
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Rehabilitation
Elderly Services Agency - Small Repair Program
City of Iowa City - Housing Rehab Program
City of Iowa City - Manufactured Housing Replacement
City of Iowa City - Manufactured Housing Fire Safety
16,500
244,000
46,400
11,250
16,500
244,000
46,400
11,250
Economic Development
Institute for Social and Economic Development - Microenterprise
Development
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17,750
17,750
Administration & Planning
General Administration
Planning and Research
Unprogrammed Funds
115,000
15,000
54,790
115,000
15,000
37,490
TOTAL
$1,130,000
$1,130,000
Sources of Funds
1994 CDBG Entitlement
1993 Program Income - I.Iousing Rehab
1993 Other Program Income ($10,000) Carryover ($31,000)
1994 Estimated Program Income
$ 969,000 $ 969,000
90,000 90,000
41,000 41,000
30,000 30,000
$1,130,000 $1,130,000
TOTAL
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RESOLUTION NO. qa-?<;n
RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBGI PROGRAM STATEMENT FOR THE USE
OF $1,302,000 DOLLARS OF SUPPLEMENTAL CDBG FUNDS APPROPRIATED
UNDER PUBLIC LAW 103-211, INCLUDING ALL UNDERSTANDINGS AND
ASSURANCES CONTAINED THEREIN, AND DESIGNATING THE CITY
MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
GRANT
WHEREAS, the City of Iowa City, Iowa, received an allocation of $1,302,000 under a federal
Supplemental CDBG appropriation for Disaster Recovery Assurance under Public Law 103-
211; and
WHEREAS, a Program Statement has been developed for the use of these funds giving priority
to relocation assistance for households residing within the floodplain and for hazard mitigation;
and
WHEREAS, the City will coordinate the use of the grant funds with other federal, state, and
local resources for the effective use of all such funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Manager of the City of Iowa City, Iowa, is hereby directed to file with the
U.S. Department of Housing and Urban Development the Program Statement for the
1994 Supplemental Community Development Block Grant (CDBGI funds for Disaster
Recovery Assistance. A copy of the Program Statement listing the included activities
is attached hereto.
2.
The City Manager is authorized and directed to provide all necessary understandings
and assurances required by the Department of Housing and Urban Development in
connection with said Program Statement.
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3.
The City Manager is designated the Chief Executive Officer to act on behalf of the City
in connection with the Program Statement and to provide additional information as
may be required.
Passed and approved this 19th
day of July
,1994.
ATTEST: Jt~A.J iI. .f!~
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Resolution No. 94-250
Page ..l.-
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NAYS:
ABSENT:
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STATEMENT OF OBJECTIVES
#2 Supplemental CDBG Allocation
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1. Acquisition
Acquire land for a mobile home park, and land located in the floodplain,
said floodplain land to become open space and remain so in perpetuity.
2. Relocation
To provide relocation assistance, where necessary, to persons residing
in the floodplain property to be purchased.
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3. Administration and Planning
To administer relocation and acquisition projects according to local,
state, and federal law. To plan for the use of funds to relocate
households currently residing in the floodplain.
"
PROPOSED USE OF FUNDS
-.- .
1. Acquisition of property 24CFR570.201lal
Funds will be used to buy-out: 1. developed land located in the
floodplain in order to mitigate future flood hazards; 2. vacant land for
the construction of a manufactured housing park to provide a relocation
opportunity for former floodplain residents; 3. vacant land located in the
floodplain. All floodplain land that is purchased will remain as public
open space in perpetuity.
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2. Relocation 24CFR570.201li)
Funds will be utilized for relocation expenses incurred by households
moving out of the floodplain.
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3. Administration and Planning 24CFR570.206
General management, oversight and coordination of the flood assistance
program as well as planning and coordination for the use of other funds
in relation to this program. Assistance to residents moving out of the
floodplain, and activities to ensure that floodplain land remains as open
space for public use in perpetuity.
NATIONAL OBJECTIVE 24CFR570.2081cl
These activities are designed to meet community development needs having a
particular urgency. The 1993 flood caused numerous problems for the residents of
Iowa City; and with these funds the City hopes to mitigate future flood hazards and
assist with the relocation of households out of the floodplain.
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#2 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI
PROGRAM BUDGET SUMMARY
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, E!lljectlActivity CDBG Budget
!' Acquisition of Land $ 820,000
Relocation Assistance $ 350,000
Administration and Planning $ 132.000
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COORDINATION OF ACTIVITIES
Introduction
The 1993 flood caused extensive damage to homes, personal property, and public
facilities in Iowa City. In an effort to restore the community and its citizens to their
pre-flood condition, a number of federal, state, and local agencies and organizations
assisted thousands of persons. To promote effective and efficient use of time and
money, coordination among these organizations and governmental agencies was
needed, and has become progressively more effective over the past year.
Coordination of Activities
The activities outlined in this Program Statement are designed to mitigate future flood
hazards in Iowa City. The Federal Emergency Management Agency (FEMA) has a
Hazard Mitigation Program for these types of activities. The City of Iowa City
contacted FEMA and the State of Iowa Emergency Management Office regarding the
proposed activities. The FEMA program, operated by the State, was out of funds so
the City of Iowa City is proposing to use the Supplemental CDBG (second allocation)
funds to carry-out the proposed hazard mitigation activities.
As a buy-out program initiated, we will continue to work with the Iowa City Parks and
Recreation Department and other groups working with open space plans. As needed,
we will also allocate CDBG, HOME and\or local funds to assist in the relocation of
households out of the floodplain. Where necessary, we will work with the Public
Housing Authority and supportive service agencies to provide assistance to these
households.
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FRO"' CITY OF CORALVILLE
FAX HO,I JI9 J~I ~915
09-14-95 10lOJA P.02
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RESOLUTION NO. q~-?~l
RESOLUTION AUTHORIZING THE EXECUTION OF A PERMANENT EASEMENT
AGREEMENT AS PART OF THE CONSTRUCTION OF THE HIGHWAY NO.6
AFTH LANE IMPROVEMENTS PROJECT NO. STP-6-7(44I--2C.52
WHEREAS, the Iowa Department of Transportation is proceeding with the Coralville U.S.
HighwilY No.6 Fifth Lane Improvements Project No. STP-6-71441--2C-62Ihereinafter referred
to as "Project"l; and
WHEREAS, said Project at its easterlv end includes the general area ot intersection ot RockV
Shore Drive and U.S. Highway No.6 which involve:; h.md within the corporate limits of the
City of Iowa City ("Iowa City"I, land within the corporate limits of the City of Coralville
("Coralville"I, and land owned by the State University of Iowa; and
WHEREAS, Coralville has by 28E Agreement between the Cities of Coralville and Iowa City
been de:;ignated as "Lead Agency. for this Project. which necessitates tile sharing and/or
acquisition of certain storm sewer easements and facilities; and
WHEREAS, the State University of Iowa I"University"l is the recipient and owner of a storm
sewer Easement in the area described in an "Easement Agreement" dated August 8, 1975 and
recorded August t 1, t 975 in Book 448, page 236 in tile Johnson County Recorder's Officii,
with language therein to the benefit of the successors and assigns of the respective parties .
thereto; and
WHEREAS, the Project requires expanding said Easement by the widening thereof, and
improvement of the drainage facility therein which shall be acquired by Coralville from the
existing land owners for the benefit of the parties hereto; and
WHEREAS, initially it is procedurally necessary for University to assign, convey and share with
Coralville and Iowa City its rights and privileges acquired in the above-described recorded
Easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
University hereby conveys ilnd assigns to Coralville and Iowa City the non-exclusive
right to join and share with University in the use and benefit of the above-described
recorded Easement.
2.
Coralville as Lead Agency In the Project will proceed with the expansion and
improvement of the storm water drainage easement and facility for the joint and
mutual benefit of the parties hereto.
3. Coralville as Lead Agency for the Project shall hold University and Iowa City harmloss
from any liability or rosponsibility for the expansion and Improvement of said recorded
storm sewer drainage easement.
4.
The provision hereof shall be binding upon the parties hereto, the!r successors and
assigns.
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FRO~' CITY OF CORA~UI~~E
FAX NO.' 319 3~1 ~915
B9-14-9~ IB'B3A P.B3
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Resolution No. 94-251
Page 2
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5. A certified copy of this Resolution and Easement Agreement shall be recorded In the
Johnson County Recorder's Office, at Iowa City elCpBnse.
Passed and approved this 19th
day of
July
.1994.
ATIEST:~ k c/d~
CI CLERK
~~~, ---,
MAYOR "
. A
Ity Attorney's Office ~o/~f'"
It was moved by Nn,,1 rk and seconded by Pigott
adopted. and upon roll call there were:
the Resolution be
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FRonl CITY OF COARLUILLE
FAX HO.I 319 351 5915
19-1.-99 le'l.A P,I.
EASEMENT AGREEMllNT
THIS AORDEMIlNT is enwred into by aIId belween the Stllc IInivmily uf luwa,
hereinafter rcfcrrcd to as "Ulivcmly" and the City uf C41ralviUe, Jobnson COUDly, Iowa, a
Muoicipal Cutporatioo, bcn:inalkr ",(emd (0 as "Coralville" and the City u( Iowa City, luhoson
County, luW'..., a Municipal Corporation, hcreinafta- refelTtld to 81 "lowI City."
WHEREAS, the Iowa Departmenl of TrmsportItion is proceeding with the Coralville II.S,
Highway No.6 Fifth Lane ImprovernCllIs Project No. STl'~7(44)-2C-52 (hereinafter referrOO to
as "l'r1.ject")j and
WIffiREAS, said Project al ils ca5lcrly cod includes Ole general area of the intersection of
Rocky Shore Drive and U.S. Highway Nu. 6 whiclt involves land withiD the corponlc limits of
Iowa City, land withio the cOl])Ofil\e limits of C'.maJville, ~nd land 0WJXd by Uaivmily; and
WHERfl.AS, Coralville has by 28E Agrl:cmcnt bcco designared as "/.cad Agency" for \his
Project which necessitates the shariog aodIor acquisition of CMain 9lDm1 SIlwer easements and
facilities; and
WHERP.AS, Universily is the recipient and owoer of a storm scwa Easemel1t in the area
eutitled -EasernCllt Agrccmcnt" dakd Augu.~ 8. 1975 and recurdc:d August II, I!17S in Uook 448
at page 236 in the Johnson Cuunly Recorder's Offi<x: with verlriage therein 10 the benefit of the
SUCCCSSOr1 and assigns of the n:spt:ctive parties thado; and
WIIDREAS, a Project ll:quircmenl includes d1e expanding of :;aid F.ascmenl by Ihe
widening lheteof and improvemeol of the dtaimge facility thcrclo whicb shall be acquio:d by
Coralville from the eJlisting land owners fur lhe bcaefil of the parties henrtuj and
WHI!RF.AS, iuitially il,is procedurdlly ncceswy for University III assign, Clmvey and
share with Coralville and JOWl City its righls and privileges acquired in the above described
rl.'COlllcd lJao;ement.
NOW, TIlERIWORE, the parties hereto agree ll.~ folluws:
I. Univcnity bercby COIIveys and &SSigDs 10 Coralville and Iowa City !be non-
exclusive riglll to join and share with Uaivenity in the use and benefil of the above
~ribcd ~ Easement.
2. Coralville as l.cad AgcnL'Y in the Projcc;1 will proceed with the ClpaDsiuu and
improvement of !be sItmn water driioage eao;ernent and facilily fur the joint and
mutual benerrt of the parties hctcto.
3. CllOlville as Lead Agency lilr the Project shall bold lIoiverlity and Iowa City
harmless from any Iiabilily or rc:spuosibilily for the expansion and improveDlelll uf
:;aid recordl:d sturm sewer drotill3&C casement.
4, The provilions hereof shall be birxliog upon the partil:$ hereto, their :mctcssors and
migns.
loIIl1lOO Counly I'IDjccl Nil. ~rp-6-7(44)-2C.S2
SlIIO IlolInl ulltcgtlll!, U8i>'mi1y ur Iov4 (I'lIrd 13)
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FRO"' CITY OF CORRLVILLE
FRX HO,' 31' 3'1 "1'
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IN WITNESS WHEllF.Olllbis AgtUIIlW is ~ecutcd un the dale sd beside eacb or the
partie:; haetu.
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CITY 01' CORAI.VlLUl, lOW A
,1994.
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Arlys lIamllm, Clm
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CITY OF IOWA CITY. IOWA
Dab:d lhisL day uf 'J....~ ' 1994.
6y ~DAl0 ~~?'5
S Horowilz; Mayor
Attest: JJ1~) ~
Mmoo.lt. Karr, City Cled
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ST."'~O'IOW. ~..?~
,l9!lcC12'l. ?//</~
SIalc Board of Re!:
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Dated Ibis /& day OI~1 19tJ7
SQtc of Iowa, llxCCllive Couucil of Iowa
J~&~
Golda 1lca1s. Sccrdary
Jo""".. Cwnl)' Project No. STP-6-7(44)-2r..5Z
SlIlIlll<lml 01 R.ezeou. UoiYCRiIJ of Iowa (1'oItd 13)
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FAX HO.I JII J~I ~91~
FRO"' CllV OF CORALVILLE
SfATF. OF JOWA, JOHNSON COUNTY,:.li:
On this ~ day Uf~U~.D ~ , 1994, before me, the undmigncd, a NOIaly
Public in and for the Slate (If I , ~y appearoo Allan I.. Aiu:a1 and Allys Hannam, lu me
pelSODilIly knOWD, woo, being by me duly ~'WUlII, did say that they are die Mayor and City auk,
respectively, of the City of ('.UI1tlvi11c, Iowa; a municipal colpOratiou; tbal1he seal affIXed to lhe
loregoing i~1rulncll( is lite corporate seal of the COIJlOI"dlion, and that the inllrumcnt was signed
and ~Icd on behalf of the cllIpoIatiOD, hy aulbority of ils City Cou.ocil as pas:>W by Rcwlution of
tile City Council and Allan L, A~Ctn and Arl)'! Hannam acknowledged tbc: execution of lite
inl1!UmcntlO be their voluntary act and dcelJ and the voluntary act and lb:d of tbc: corporalion, by
il vuluntu:ily c~cculed.
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Pub c in ;p1d foc !he Stde of 10M ~
~I)\l~~~,~ Ufj\N\l~<Y\ 1\'t'3
STArn OF IOWA, JOHNSON COUNTY, SS: \011 (10;),
On this ~ day of ':\~L~ ' 1994, befun: me, the uodmigned, a NolaJy Public
in and for Ibc Slate of Iowa, personally appeared Susan Horowil1. and Marion Karr, to me
pctSOnally known, who, being by me duly sworn, did say that Ibey arc lbe Mayor and City Clerk,
respectively, of the City of Iowa City, low..; a municipal corporatilm; tbal the seal affixed to the
foregoing ioSlruIllCllt is the oorpordlc seal of the corporation, and thallhe insIruJlll:l\t was signed
and scaled 01\ behalf of the colpUl1ltion, by autbority of its City Council as passed by ~Iution of
the City Council and Susan Horowilz and Mwian Km acknowledged the l:JU:tutioo of the
instrument to he their voluntary act and deed and the VOIWlbry :II:t and deed of the cUlpOnWoo, by
it voluntariJy \!locuted.
SaM- ~.
NOtary Public ill and for the Sl1te of Iowa
SfATF. OF IOWA, ~COUNTY, ~~:
On this '1:/i..;. day of ' 0.. ,- , 19'4f before me, the UDdcnigntd, a Notary
Public in and for the Stale of 10~ed R. Wayne Richey, 10 me personally
known, who, being by me duly sworn, did say Ibal be is lIie Executive Diroctoc of the Slate Board
uf Regects, executing tile within and foregoing instrument, that the said insInuucnt was signed llII
behalf of 53id Stale Board of Regents and that the said R, Wayne Richey a.~ E~a:utivc Director
acknowledged the \!lccution of the in~ to be their volWllary act and deed and the vuluntary
act and deed of the C:OlpOration, by it vuluntarily acculed.
N Puhlic in and for the S e of Iowa
1'1J ~,~ f{'rX~f7
STATE 011 IOWA ) ss:
On this is day of (J./.At .L;'l~ore me, tI1e undersigned, a Notary Public in
and for the Sale of Iowa, ~ Golda Beals, 10 me pcrsooa.Uy known, who beiog by
roe duly sworn, did say thaI she ilthe Secretary of !he Executive Council of Iowa, and thai said
illlln1ment was signed and sealed on behalf of said Executive Council uf Iowa, and the said Golda
Beals acknowledged the e.xtl:Ulion of said ill5ll1l.meol to be !be vclllDWy act and deed of said
Iixccutive Council of Iowa, by il voluntuily execuICd.
Jolm"", CouAly Proja.1 No. srp.6.7(44)-.2C.S2
Slak IloonI 01 Repu, UDivr:nity of fooo1I (1'u1xI13)
1'011"3013
Y Pub)' aod for the State of Iowa
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April 3, 1995
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Rick Fosse
Iowa City Engineer
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
George Hollins
U of I Business Office
4 Jessup Hall
Iowa City, Iowa 52242
RE: U.S. Highway 6 Fifth Lane Improvements Project
First Avenue to Rocky Shore Drive
Riley Storm Sewer Easement
Dear Rick and George:
Enclosed and highlighted Is a copy of the condemnation proceedings for the Riley
property easements In conjunction with the above-referenced project.
Don Diehl, our City Attorney. tells me this is the only document we will receive showing our
acquislllon of the additional permanent storm sewer easement on this property. Don
states which easements are acquired through condemnation, the traditional easement
form with signatures and accompanying plat are not obtained.
George, please verify this Information is adequate to allow the Regents Office to proceed
with the processing of the assignment document for the original easement.
<. Rlck,pla~~pdsSth~'i~f6ri"dffo~6"tb yriU;: CItY C1Brki $,offlce., ','.
1, .," .," "".,,' ".'_ ,_, .' __ -' ,', 'I,',' C,,',.,:,' "':",:,;',': ,::..
If either of you have any questions on this Information, please contact Don Diehl.
Sincerely.
Ln\\ ~\dcU.~\\tWi~v~,
Dan Holderness, P.E.
City Engineer
Enclosure
CITY ADMINISTRATION
1512 tlh Slreet . P.O. Box 5127
, Cora/oille, Iowa 52241.5127 ',', '
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11"319.351.1266. FadI9.351.5,15 ",..,',"',' ,,',
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RECEIVED
30 MAR 9~ 12 25
III THE DI'STRICT COURT OF IOWA IN AND FOR JOHNSOm'I'Q.lU4iWH01, SHEHIFF
OWf\"CTfY. A 52240
CITY OF CORALVILLE, )
)
PLAINTIFF, ) NO.
)
VS. )
)
NANCY EVANS RILEY, ) APPLICATION FOR CONDEMNATION
) (PARCEL # 1)
DEFENDANTS. )
, '
." ." * * * * * *
Pursuant to section 6B, Code of Iowa, 1993, the Plaintiff,
city of Coralville, represented by city Attorney Donald L. Diehl,
makes Application to Judge August Honsell, Chief Judge of the
sixth Judicial District, for purposes of Condemnation of a tract
of land in Iowa city and Coralville, Johnson County, Iowa. In
~ .
support of said Application the Plaintiff states the following:
1. That the, city of Coralville and the city of Iowa city
have executed a 2BE Agreement in conjunction with the Iowa
Department of Transportation whereby the city of Coralville is
designated as "~~a~~Agency~ involving the reconstruction of U.S.
Highway 6 from First Avenue in Coralville easterly to Rocky Shore
.I .~
Drive in Iowa City, including the acquisition by condemnations
(if necessary) of the needed right-of-way, ~ase~ents and
closures.
2. That the property sought to be condemned is part of a
parcel of property legally described in Exhibit "A" which is
attached to this Application and thus incorporated by reference.
A. .:_'Further, the' legal description of the parcel to be
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taken fo:f'storm sewer easement expansion'which .!
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....~~Q.i~:, Application' as 1IIIIIIII!I1!!Ind.is ~:t'1I.1ei'i'
,~".c;prp_~_at~cl..)JY::.referenc:e.;J
B. Further, the legal description of the parcel to be
taken for temporary storm sewer construction easement
is attached to this Application as Exhibit "C" and is
thus incorporated by reference.
C. Further, the legal description of the parcel to be
taken for temporary construction easement for street
improvements is attached to this application as Exhibit
"D" and is thus incorporated by reference.
D. Further, the present driveway entrances at stations
25+85, 95' Rt.; 26+68, Rt.; 28+15, Rt.; and 29+59, Rt.
shall be permanently closed with new driveway entrance
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access being provided all as shown on Exhibit liE" which
.
is attached to this Application and is thus
incorporated by reference.
3. That a plat of the above described area including the
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cr_oss-hatched area to bep.~:r.m<l,ne,':!.t~y.,~cquired"is- sMW~~;9.~..::""""'i
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~hich is attached to this Application and thus incorporated
by reference.
4. That the record owner of the property is Nancy Evans
Riley whose husband is Tom J. Riley, and t~nants who have an
interest therein are The wig And Pen, Ltd.; New England Financial
Group; Residential Mortgage Network, Inc.; and Tom Riley Law Firm
P.C. Further, Iowa-Illinois Gas and Electric Company has two
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easements thereon and there is the existing storm sewer easement
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that is being expanded.
5. That the condemnation is sought for public street
improvement involving the reconstruction of U.S. Highway 6 from
First Avenue in Coralville easterly to Rocky Shore Drive in Iowa
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city.
6. That the parties to this action have been unable to
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agree on an amount of just compensation for the acquisition
involved. ' consequently, the Plaintiff asks that a commission be
appointed to appraise damages. A list of members and their
respective categories appointed by the Board of supervisors
pursuant to section 6B.4, the Code of Iowa, is hereby supplied.
7. That the city of coralvil1e~~~K~~:p,~rmal'i,@j:!~:eas'emen~l1
E!IDer~.h~p3~,(:.~h~: lari(~~~"~olig1ifl which is zoned CH-l Highway
commercial and is presently so used. Additionally, the city of
Coralville requires permanent closure of the present driveway
entrances (2D above) and temporary use of the construction
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easement areas.
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WHEREFORE, Plaintiff asks the Court for an appointment of a
six member commission to assess damages.
Respectfully submitted this 28th day of March, 1994.
~~
Donald L. Diehl - - D~OO 1250
1400 5th street, P.O. Box 5640
Coralville, Iowa 52241
(319) 351-2277
ATTORNEY FOR PLAINTIFF
By Direction of city council
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RECEIVED
EXHIBIT "A" . .
30 MAR 9~ 12 25
Lots 1, 2, 3, 4, 5 and 6 in the Subdivision of Sections 8 and 9,
Township 79 North, Range 6 West of the 5th P.M., acccJ:QHlffiDIi:60.~RIFF
plat thereof recorded in Plat Book 2, page 65, Plat R_alIYwfA 52240
Johnson County, Iowa, said subdivision is also known as Crocker's
Subdivision of Sections 8 and 9, Township 79 North, Range 6 West
of the 5th P.M. 8\-\\"D\fJ)"
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Permanent Storm Sewer Easement to Coralville, Iowa and Iowa City, Iowa
Two parcels located in those parts of Lots 1 and 2 in the Subdivision of Sedions 8 and 9,
Township 79 North, Range 6 West of the 5th P.M. (also known as Crocker's Subdivision, as
recorded in Plat Book 2, Page 65), Johnson County, Iowa, now in the city of Iowa City,
Iowa, as recorded in Book 1442, Page 124 and Book 807, Page 255 in 1he office of the
Recorder of Johnson County, Iowa, identified as parcel 'A' and parcel 'B' on Acquisition
Plat Exhibit "A" al1ached here 10 ane by reference made a part hereof, more particularly
described as follows:
Parcel "A"; ,
Commencing at the southerly corner of said Lot 1; thence N 70. 20' 00' W along the
southwesterly line of said Lot 1 and the northeasterly right-of-way line of u.s. Highway
No.6 a distance of 155.52 feel 10 the point of beginning; thence continuing N 70. 20'
00" W along said right-of-way line 9.43 feet; thence N 30. 01' 12' E 72.40 feet; thence
N 59. 52' 48" W 5.50 feel; thence N 30" 01' 12' E 17.00 feet; thence S 59. 52' 48" E 5.50
feet; thence N 30. 01' 12" E 10.00 feel to a point on the southwesterly line of the Cedar
Rapids and Iowa City Railway Company right-of-way; Ihence 5 570 48' 30' E 12.84 feel
along said right-of-way line; thence S 320 13' 13' W 97.29 feel to the point of beginning.
Containing 1179 square feet.
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and
Parcel "6":
Beginning atlhe southerly corner of said Lot 2; thence N 70. 20'00" W along the
southwesterly line of said Lot 2 and the northeasterly line of u.s. Highway No.6 a distance
of 11.48 feet; thence N 320 13' 13" E 105.51 feet to a point on the southwesterly line of the
Cedar Rapids and Iowa City Railway Company right-of-way; thence S 570 48' 30" E 15.16
feet along said righl-of-way line to the easterly corner of said lot 2; thence S 340 25'
00" W 103,10 feet along the southeaslerly Iin~ of said Lot 2 to the point of beginning.
Containing 1372 square feel.
For the purpose of lhe above descriptions, the southwesterly line of said Lot 1 and 2 is
assumed to bear N 700 20' 00" W,
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EXHIBIT "e"
RECEIVED
Temporary Storm Sewer Construction Easement to Coralville, 10JijJ RAfll~qwa f~'2Bwa
JOHIISON CO. SHERIFF
That pari of Lot 1 in the Subdivision of Sedions 8 and 9. TownsH~Wf9%MH/R~~06 West
of the 51h P.M. (also known as Crocker's Subdivision, as recorded in Plat Book 2, Page
651, Johnson County, Iowa, now in the city of Iowa City, Iowa, as recorded in Book 1442,
Page 124 in the office of the Recorder of Johnson County, Iowa, more particularly
described as follows:
Commencing at the southerly corner of said Lot 1; thence N 700 20' 00' W 121.20 feet
along the southwesterly line of said Lot 1 and the northeasterly right-of-way line of U.S.
Highway No.6 to the point of beginning; thence continuing N 700 20' 00' W 34.32 feet
along said right-of-way line; thence N 320 13'13' E 97.29 feet along the southeasterly line
of a permanent storm sewer easement in said Lot 1 to the southwesterly line of the Cedar
Rapids and Iowa City Railway Company right-of-way; thence S 570 48' 30' E 33.50 feet
along said right-of-way line; thence S 320 13' 13' W 89,84 feet to the point of beginning.
For the purpose of this description, the southwesterly line of said Lot 1 is assumed to bear
N 700 20' 00' W.
EXHIBIT "D"
Q
Temporary Construction Easement for Street Improvements
Those parts of Lots 1,2,3,4,5 and 6 in the Subdivision of Sections 8 and 9, Township 79 North,
Range 6 West of the 5th P.M. (also known as Crocker's Subdivision. as recorded in Plat Book 2,
Page 65), Johnson County, Iowa, now in the cities of Iowa City and Coralville, Iowa, as recorded
in Book 1442, Page 124 and Book 807, Page 255 in the Office of the Recorder of Johnson County,
'Iowa, more particularly described as follows:
Beginning at the southerly corner of said Lot 1; thence N 700 20' 00. W 257.33 feet along the
,northeasterly right-of-way line U.S. highway No.6 and the southwesterly line of said Subdivision;
thence N 630 OS' 00. W 174.61 feel along the northeasterly right-of-way line of said U.S. Highway
No.6 and the southwesterly line of said Subdivision t6 the westerly corner of said Lot 6; thence
N 260 55' 00" E 20.00 feet along the northwesterly line of said Lot 6; thence S 630 05' 00" E
83.96 feet; thence N 260 55' 00" E 10.00 feet; thence 5 620 55' 29" E 86.86 feet; thence S 700 20'
00" E 70.59 feet; thence S 620 12' 12" E 70.71 feet; thence S 700 20' 00" E 99.35 feet; thence
N 270 38' 21" E 47.96 feel 10 lhe southwesterly line of the Cedar Rapids and Iowa City Railway
Company right-of-way; thence S 570 48' 30" E along said right-of-way line 20.06 feet to the
easterly corner of said Lot 1, said corner lying on the northwesterly right-of-way line of Rocky
Shore Drive; thence S 270 38' 21" W 63.76 feet along 1he southeasterly line of said Loll and
along 1he northwesterly right-aI-way line of Rocky Shore Drive to the point of beginning.
1.1
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For the purpose of this description, 1he northeasterly righl-of-way line of U.S. Highway No.6 is
assumed 10 bear N 630 05' 00" W.
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EXHIBIT "E" '-"
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!aJ,HoNard R. Geen Company
~ ~NSULmG ENGINEERS
CORALVILLE HWY 6
FIFTH LANE IMPROVEMENTS
, CITY OF CORALVILLE
Coralville, Iowa
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RECEIVED
30 MAR 9~ ii 26
HHsml co. SHERIFf
WA CITY, IA 52240
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PROPOSED DRIVEWAY
ACCESS LOCATIONS
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IOWA DEPARTMENT OF TRANSPOR., :,JON
ACQUISITION PLAT \ \\!jl-=-\' II'L'"
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COUNlY JOHNSON ~,;;; STAlE C~nROL NO.
PROJ::CT NO. SlP-6-7(+4)--2C-52 PARCEl NO. 1
SECTION 9 TOWNSHIP 79 NORlH RANGE 6 M:ST
ROW-FEE AC, EASE 2551 SO..lJ.~ EXCESS-FEE
ACOO/RED FROM
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* TO CmES OF IOWA CIlY AND CORALVlu.E TO CONSlRUCT AND MAInTAIN STORM SEWER
. ACQUISITION
LOT 1 =1179 SQ. FT.
LOT 2= 1372 SO. FT.
TOTAI.=2551 SQ, FT.
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LEGEND
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FOUND IRON PIN
SET IRON PIN wlcAP 1/9500
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. ! CUIlVE DATA ~~ 0 ~
6=19'41' RT. 'P~ ':J:
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L=984.2' :<g ~. '2
R=2864.79' -. r!
E N 30'07' 12" E -.0
D S 59'52'46 E ('0)'
C N 30'07'12 E ,~
B N 59'52'48 W
A N 30'07'12 E
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I HEREBY CERnFY lH^ I lHlS LAND SURIt~IID
DDCIIUEHI W^S PREPARED BY UE OR VliDER UY DIRECI
PERSON^L SUPER~~DN /.ND lH^ I I ^U ^ nUL Y
REClSltRED L/JlD SURItYOR UNDER ll1L L^WS or lIIE
SI^Tt or 10W^. tYfA~
SIDH^~RE'_ 7.'~-
Don dE, Pull,l!. L.S. .
D^1t: 1/20/14 RED. 110. 1500
NORTHEASTERLY R.O.W. LINE
U.S. HIGHWAY NO. G
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NOTE: STATIONING FROM 28+93 BACI< (SE'ly)
DOES NOT USE THE 8.7' EOUATION
DIFFERENCE FROM PREVIOUS I.D.OJ.
STRIP MAP.
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IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY
CITY OF CORALVILLE, )
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PLAINTIFF, )
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, VB. )
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NANCY EVANS RILEY, )
)
DEFENDANTS, )
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NO.
APPRAISEMENT REPORT
(PARCEL '# 1)
We, the undersigned commissioners, state that we have viewed
the property of the above-named Defendants in Johnson County,
Iowa on the 21st day of April ,1994. Our assessment of
damages is as follows:
!,.~iid 1. (P~;F.!~~~jJ!~~;.m.:...s_e.iel":: ea:s-~~!~~1;
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Temporary storm sewer construction easement S
Temporary street improvement construction easement $ G1;)CtJ~
I, the underslgned s ate that a copy of this report and
NOTICE OF APPRAISEMENT and RIGHT OF APPEAL was sent by ordinary
mai7.1fo each of the above-named Defe an the ~/d,Jday of
J/,,(Li 1994. ~~
She~iff, Johnson County
ather damages, if any
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1... r' c;,S J.,~f" ( ; ;L/~,e -f,:,
Legal Fees
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TOTAL AMOUNT
. Da~d this ~ day of
. ~,;l~)fJ.6n/u~
Chairperson
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RESOLUTION NO. 94-m
RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A PORTION
OF LOT ELEVEN (11), IRISH'S EXTENSION OF WOODS ADDITION, FOR
EXPANSION OF RENO STREET PARK.
WHEREAS, in 1989 the City of Iowa City and Montessori School jointly purchased and
improved Lot Eleven (11) in Irish's Extension of Woods Addition as an appropriate addition to
Reno Street Park; and
WHEREAS, this lot was subsequently split, with the City retaining ownership of the north half
of the lot, and Montessori School retaining ownership of the south half; and
WHEREAS, the purchase agreement also provided the City with a "right of first refusal" to
purchase the south half of this property; and
WHEREAS, Montessori School is now relocating, and wishes to sell their portion of Lot Eleven
to the City, minus five feet; and
WHEREAS, the Parks and Recreation Commission has voted to recommend the City acquire
this property for the purpose of expanding Reno Street Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that:
1. The City Council finds it is in the public interest to purchase a portion of Lot Eleven
(11) in Irish's Extension of Woods Addition, measuring approximately 20' x 300' of
the south half of Lot Eleven (11), Irish's Extension of Woods Addition, located
immediately south of Reno Street Park.
2.
The City of Iowa City's purchase by warranty deed of said property for $17,033.14
is hereby approved, and the City Manager is hereby authorized to execute all necessary
documents to consummate said purchase.
3.
The City Attorney is hereby authorized and directed to carry out all necessary actions
to complete said transactions, as required by law.
Passed and approved this 19th day of July
,1994.
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Resolution No. 94-252
Page 2.
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RESOLUTION NO. Qb-?53
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 94.30 AND IN LIEU
THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINIS.
TRATION OF REGULATIONS OF VEHICLES FOR HIRE.
WHEREAS, Chapter 35 of the Code of Ordinances of the City of Iowa City, Iowa, established
regulations for vehicles for hire and drivers operating such vehicles within the City of Iowa
City; and
WHEREAS, Section 35-34 provides that a fee as set by Council resolution be paid by the
applicant for issuance of a decal or a driver's badge; and
WHEREAS, Section 35-32 provides that the applicant for a license must file a motor vehicle
operator's liability insurance policy in the office of the City Clerk, in a form approved by the
City and with minimum limits as set by City Council resolution; and
WHEREAS, Section 35-31.1 provides that any owner or operator licensed or permitted to do
business in Iowa City shall, upon payment of the required fee, be entitled to a parking stand
at a location on City street right-of-way to be designated by the Parking and Transit Director
and Traffic Engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
, I
1. Prior Resolution No. 94.30 establishing certain fees and charges for vehicles for hire
is hereby rescinded effective March 1, 1995, and this Resolution adopted and
approved in lieu thereof.
2. The following fees are hereby established for vehicles for hire as follows:
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Processing a company application: $20.00 for a one-year period expiring March
1 unless suspended or revoked, with no refunds.
b.
Issuance or replacement of a decal: $40.00 each for a one-year period expiring
March 1 unless suspended or revoked. If the City is notified by the insurance
carrier of cancellation of insurance, the decal will be removed and returned to
the City Clerk's office, with no refund.
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c. Issuance of driver's badge: $7.50 each driver for a one-year period, or the
remaining period of Chauffeur's/Operator's License if under one year.
d. Designation of a parking stand: $660.00 in CBD zone and $420.00 in outlying
areas per year for each stand, expiring March 1. Said fee may be pro-rated on
a quarterly basis.
e. All such fees shall be effective March 1, 1995.
3. The minimum limits for motor vehicle operator's liability insurance are to be quoted for
all vehicle for hire operators as "individual" liability amounts, or in lieu thereof as a
"combined" liability amount, said liability minimum amounts to be established at the
following limits with a deductible not to exceed $500, and shall also comply with all
state and federal requirements if greater:
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Page 2
a. "Individual" Liability Amounts
1.
To cover the insured's liability for personal injury or death of one
person, as a result of one accident or other cause, Two Hundred
Fifty Thousand Dollars ($250,000.001.
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2. To cover the insured's liability for personal injury or death of
more than one person as a result of one accident or other cause,
Five Hundred Thousand Dollars ($500,000.00).
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3.
To cover the insured's liability for damage to or destruction of
property other than that of the insured as a result of anyone
accident or other cause, One Hundred Thousand Dollars
($100,000.00).
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b. "Combined" Liability Amount
To cover the insured's liability for personal injury or death of one or
more persons as a result of anyone accident or other cause, and to
cover the insured's liability for damage to or destruction of property
other than that of the insured as a result of anyone accident or other
cause, Five Hundred Thousand Dollars ($500,000.00) combined.
A
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Passed and approved this 19th
day of
1111)1
, 1994.
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It was moved by 1{nhhl' and seconded by
adopted, and upon roll call there were:
Novick
the Resolution be
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RESOLUTION NO. ql.-?~4
RESOLUTION RESCINDING RESOLUTION NO. 87-211 AND ADOPTING IN LIEU
THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR
EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE
OFFICE OF THE CITY CLERK
WHEREAS, every citizen has a right to examine and copy public records and documents, as
provided by state law; and
WHEREAS, the Iowa Code provides that a city may require all expenses for providing such
work shall be paid by the person desiring to examine or copy such records; and
WHEREAS, the City Council of Iowa City, Iowa recognizes the need to ensure the protection
of public records, and to prevent interference with orderly office routine.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Prior City Council Resolution No. 87-211 is hereby rescinded effective September 1,
1994, in its entirety.
2.
The following policy and fees are hereby established effective September 1, 1994:
a. All requests for records shall be made during normal business hours.
b. Normal response time for retrievals shall not exceed three (31 working days.
c. Copying and retrieval charges do not apply to City officials and employees of
the City carrying out the normal duties of their office or position.
d. The City of Iowa City shall provide copies in the same manner as they are kept
in the City Clerk's office. Specifically, the City is not responsible for additional
calculations or information not contained in or on the documents themselves.
e. Certified copies of any documents which are approved for copying can be
obtained at the Office of the City Clerk when copies are made. If copies are removed
from the Office of the City Clerk and later returned to be certified, it is not permissible
for a certification to be made of those copies. Certified copies must be made at the
time the photocopy is first made.
f.
The charge for copies of records and documents shall be per item as follows:
1 )
21
31
4)
Photocopy/Microfilm copy
Duplicate or transfer of cemetery deed
Audio tapes of City Council meetings
Diskettes of City Council meetings
$ .10
$10.00
$ 3.50
$ 1.85
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Resolution No. 94-254
Page 2
g. No charge will be made for the first fifteen (15) minutes for the services of the
City Clerk or staff in research, retrieval or copying of records. Retrievals of more than
15 minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter
hour.
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h. If the service requested cannot be completed during regular City Clerk office
hours, a person may request the work be completed after hours. The charge will be
based upon the overtime paid to the person providing assistance, The decision to
authorize overtime shall be made by the City Clerk, and the City Clerk cannot
guarantee the information will be provided in the time requested.
Passed and approved this 19th day of
July
,1994.
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Appro~ed b~~
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CIT " LERK '
It was moved by ~lo"ick and seconded by Pigott
adopted, and upon roll call there were:
the Resolution be
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AYES:
NAYS:
ABSENT:
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X
X
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Horowitz
Kubby
Lehman
Novick
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RESOLUTION NO.
RESOLUTION RESCINDING RESOLUTION NO. 87-211 AND ADOPTING IN LIEU
THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR
EXAMINATION OF PUBLIC RECORDS FOR SERVICES PE FORMED BY THE
OFFICE OF THE CITY CLERK
WHEREAS, ever citizen has a right to examine and copy public ecords and documents, as
provided by state aw; and
WHEREAS, the low Code provides that a city may requir all expenses for providing such
work shall be paid by he person desiring to examine or opy such records; and
WHEREAS, the City Cou cil of Iowa City, Iowa reco Izes the need to ensure the protection
of public records, and to revent interference with rderly office routine.
NOW, THEREFORE, BE IT R OLVED BY THE TY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
'-
Prior City Council Resolu 'on No. -211 is hereby rescinded effective September 1,
1994, in its entirety.
2.
are hereby established effective September 1, 1994:
a.
All requests for re ords hall be made during normal business hours.
b.
Normal respon time for trievals shall not exceed three (31 working days.
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c. Copying an retrieval charge do not apply to City officials and employees of
the City carrying ut the normal duti s of their office or position.
d. The Cit of Iowa City shall provi e copies in the same manner as they are kept
in the City erk's office. Specifically, the City is not responsible for additional
calculations or information not contained' or on the documents themselves.
~ ;
e. C tified copies of any documents hich are approved for copying can be
obtaine at the Office of the City Clerk when opies are made. If copies are removed
from t e Office of the City Clerk and later retur d to be certified, it is not permissible
for a ertification to be made of those copies. rtified copies must be made at the
tim the photocopy is first made.
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The charge for copies of records and docume ts shall be as follows:
11
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Photocopy/Microfilm copy
Duplicate or transfer of cemetery deed
Audio tapes of City Council meetings
Diskettes of City Council meetings
$ .10
$10.00
3.50
$ 1.85
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RESOLUTION NO. 94-255
RESOLUTION RESCINDING RESOLUTION NO. 88-225, AND IN LIEU THEREOF
ESTABLISHING FEES FOR DANCING PERMITS AND OUTDOOR SERVICE
AREAS IN CONJUNCTION WITH LIQUOR LICENSES OR CLASS "B" PERMITS
WHEREAS, Chapter 5 of the City of Iowa City Code of Ordinances provides that the amount
of the fee for dancing permits for licensed premises be set by resolution; and
WHEREAS, it has been proposed that the fee for dancing permits be increased and an
administrative fee for outdoor service areas be maintained.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. Prior City Council Resolution No. 88.225 is hereby rescinded in its entirety, effective
September 1, 1994.
2. Fees for dancing permits and outdoor service areas are hereby established as follows,
effective September 1, 1994:
a.
DancinQ Permits
Up to 150 square feet
Over 150 to 200 square feet
Over 200 to 400 square feet
Over 400 to 600 square feet
Over 600 to 800 square feet
Over 800 square feet
Temporary Five or Fourteen Day Permits
$ 90.00
$ 115.00
$ 210.00
$ 300.00
$ 400.00
$1,000.00
$ 200.00
b. Outdoor Service Areas
All Outdoor Service Areas
(permanent or temporary)
$ 25.00 per application
Passed and approved this 19th day of Julv
,1994.
ATTEST: ~c/! ~
Cll CLERK !
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MAYOR
City Attorney's Office..,! ,l-
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94-255
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the Resolution be
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, AYES:
NAYS:
ABSENT:
x
x
X
X
X
X
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION
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RESOLUTION RESCINDING RESOLUTION NOS. 74-48, 75-265, 78-155, 92-
130 AND 93-252, AND IN LIEU THEREOF RE-EST ABLlSHING THE IOWA CITY
DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS
WHEREAS, the City of Iowa City initiated an urban renewal project for certain portions of the
downtown area, known as Iowa R-14, and continues to carry out certain urban renewal
functions in that area; and
WHEREAS, the City of Iowa City, in 1974, originally established a Design Review Committee
("Committee"), to assist the City of Iowa City in carrying out the urban renewal projects, with
subsequent amendments made to said resolution over the years; and,
WHEREAS, the City of Iowa now wishes to continue the assistance of the Committee for
urban renewal areas, as well as to use the assistance of the committee for other urban design-
related projects; and
WHEREAS, it is in the public interest to now clarify the various amendments by rescinding all
prior resolutions and re-establishing the Committee by this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
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1. It is in the public interest to clarify the Design Review Committee's mission, by
rescinding all prior amendments and re-establishing the Design Review Committee, in
order to better assist the City in furthering the goal of good urban design in the urban
renewal and downtown areas.
2.
Resolution Nos. 74-48, 75-265, 78-155, 92-130 and 93-252 are hereby rescinded in
their entirety, and the Iowa City Design Review Committee ("Committee") is hereby
re-established as follows:
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a. Committee Role. The Committee's role shall be to recommend, for City Council
approval, aspects of urban design components of urban renewal projects located in
areas designated by City ordinance. The City Council may also request advice and
recommendations from the Design Review Committee on projects located outside of
designated urban renewal areas.
b. Membership. The Committee shall consist of nine (91 members. At least two-
thirds of the Committee members must be eligible electors of Iowa City, and the
remaining one-third may be eligible electors of Johnson County. Members of the
Committee shall be appointed by the City Council, with term membership to be three
years. Members may serve for more than one term. The members of the previous
Design Review Committee shall complete their terms as members of the Design
Review Committee established by this Resolution herein.
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Resolution No.
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c. Bv-Iaws and Rules. The Committee shall recommend rules or by-laws for the
transaction of its regular business, for City Council approval. The Committee shall
have authority to recommend rules of procedure in connection with the projects
subject to design review. All Committee by-laws and procedures shall be effective
only upon City Council approval.
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It was moved by and seconded by
adopted, and upon roll call there were:
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the Resolution be
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d. The By-laws of the Iowa City Design Review Committee, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
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Passed and approved this
day of
,1994.
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ATTEST:
CITY CLERK
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ABSENT:
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Lehman
Novick
Pigott
Throgmorton
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BY.LAWS
IOWA CITY DESIGN REVIEW COMMITTEE
ARTICLE I.
MEETINGS
Section 1. Reoular Meetinos. Regular meetings of this Committee shall be held on the third
Monday of each month.
Section 2. Soecial MeetinQs. Special meetings of the members may be called by the Chairperson.
Upon the request of four members of the Committee, the Chairperson shall call a special meeting.
Section 3. Place of MeetinQs. Regular meetings shall be held in a handicapped-accessible
building.
Section 4. Notice of MeetinQ. Notice and agenda for all regular meetings shall be distributed to
all Committee members and the press. Notice to all members and to the media shall be at least
24 hours before a meeting is held including special meetings. All notice requirements and meet-
ings shall conform to the provisions of the State Open Meetings Law.
, Section 5. Quorum. A majority of the members of the Committee shall constitute a quorum at any
meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive
of any motion or election.
Section 6. Proxies. There shall be no vote by proxy.
Section 7; Public Discussion. Time shall be made available during all regular meetings for open
public discussion.
ARTICLE II.
MEMBERSHIP
Section 1. Membershio. The Design Review Committee shall consist of nine (9) members. At
least two-thirds of the Committee members must be eligible electors of Iowa City; the remaining
one-third may be eligible electors of Johnson County. All members of the Committee shall serve
without compensation, but shall be entitled to the necessary expenses including reasonable travel
expenses incurred In the discharge of their duties.
Section 2. Nomination. The City Council shall appoint members to the Design Review Committee
as vacancies occur.
Section 3. Terms. Terms of membership shall be three years, except for the shortened initial
terms that provide staggered membership. Members may serve for more than one term.
Section 4. Absences. Three consecutive unexplained absences of a Committee member may
result in the Committee's recommendation to the City Council to remove the member from the
Committee, and to appoint a new member.
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Section 6. Resionations & Vacancies. If any member is no longer willing or able to serve on the
Committee, the member shall send a letter of resignation to the City Council. Vacancies occurring
in the Committee, other than by expiration of term of office, shall be filled only for the unexpired
term.
ARTICLE III.
OFFICERS
Section 1. Number. The officers of this Committee shall be a Chairperson and Vice-Chairperson,
and each shall be elected by members of the Committee.
Section 2. Election and Term of Office. The officers of this Committee shall be elected annually.
Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired
portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the
members, appoint committees, call special meetings and in general perform all duties of the
Chairperson, together with such other duties as may be prescribed by members from time to time.
Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair-
person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the
Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to
all the restrictions as those resting with the Chairperson. '
ARTICLE IV.
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CONDUCT OF COMMITTEE AFFAIRS
Section 1. Aoenda. The Chairperson or a designated representative, together with appropriate
members of the City staff, shall prepare an agenda for all regular Committee meetings. Agendas
are to be sent to Committee members and the media at least three days prior to the regular
meetings.
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Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City
for all regular and special meetings.
Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed
to Committee members, and approved by the Committee and sent to the City Council, in the
manner prescribed by the Council. Specific recommendations for the Council are to be set off from
the main body of the minutes and appropriately identified.
Section 4. Policies and Proorams. The Committee shall periodically review the policies and
programs of the City relating to design review and make recommendations to the City Council
when appropriate.
Section 5. Referrals from Council. From time to time letters, requests for information, requests
for recommendations, and other matters are referred to the Committee by the City Council. The
Committee shall initiate the consideration of such items at the next regular meeting follOWing
receipt of the referral, and shall notify Council of its disposition.
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Section 6. Attendance at Council MeetinQs. The Committee Chairperson or designated represen-
tatives are to be in attendance at all City Council meetings, including informal sessions, at which
matters pertaining to the domain of the Committee's responsibilities are to be discussed or actions
taken. The Committee Chairperson is to receive Council agenda prior to each Council meeting,
and is to be otherwise notified of meetings involving Committee business. .
Section 7. Annual Report. An annual report, detailing the activities of the Committee, shall be
prepared by the Chairperson, approved by the Committee, and submitted to the City Council at the
end of each fiscal year.
ARTICLE V.
AMENDMENTS
Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any
regular meeting, or at a special meeting called for that purpose, providing a quorum is present.
Upon approval by the City Council, the by-laws shall take force and effect.
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City of Iowa City
MEMORANDUM
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Date: July 13, 1994
From:
City Council
Clara Swan, Chair (5
Design Review Committee
To:
Re: Proposed Design Review Procedures and Guidelines
At its June 20, 1994, meeting, the Design Review Committee voted, by a 5-0 vote, to
recommend approval of the resolution reestablishing the Iowa City Design Review Committee
and adoption of the Design Review Ordinance.
Over the past few months, the Design Review Committee has been working on formal
procedures and guidelines for the Committe~'s design review process. The attached memo
dated May 11, 1994, summarizes the components of the resolution reestablishing the
Committee and the Design Review Ordinance, The proposed procedures and guidelines are
based on the premise that they should closely resemble the process that is currently followed
under the Committee's existing review authority. However, in certain circumstances additional 1'<D,.'..;l",'. ,',
components were required to clarify the procedures. However, the basic procedure remains
the same and that is that the Design Review Committee must review all projects subject to
design review, the Committee forwards its recommendation to the City Council, and the City
Council is the body that actually approves or denies the design review application.
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The proposed resolution and ordinance do not expand the scope of the Cor:nmittee, but only
formalize the procedures and guidelines that staff, the Committee, and City Council must follow.
However, the proposed resolution and ordinance do allow the City Council, at the Council's
discretion, to designate other areas as areas subject to design review.
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Committee representatives will be at both your July 18 & 19, 1994 meetings. However, if you
have any questions please feel free to contact me at either 338.5352 or 354-9440.
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MEMORANDUM
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Date:
May 11, 1994
To: Design Review Committee
From: David Schoon, Economic Development coordinator::vr
Re: Design Review Procedures and Guidelines
Over the past few months, the Design Review Committee has been working on officially adopting
procedures and guidelines for the Committee's design review process. The attached documents
(enabling resolution, bylaws, and design review ordinance) would establish formal procedures and
guidelines for the Committee. The documents would establish the Iowa City Design Review
Committee, its bylaws, and the procedures and guidelines for projects subject to design review.
Resolution Establishing the Iowa City Design Review Committee and Bylaws
- The proposed resolution dissolves the Committee as it now exists and reestablishes the
Committee to correspond with the design review ordinance. The purpose of this is to cease
reference to previous resolutions establishing the existing Committee and to allow the City Council
.. '" to designate other areas, at the Council's discretion, as areas subject to design review. The
previous resolutions did not allow for this.
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Design Review Ordinance
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The Design Review Ordinance is the document that establishes what projects require design
review approval and the procedures and guidelines used in the design review process. The
proposed ordinance attempts to formalize the procedures that are currently followed or, where
necessary, to more formalize the existing procedures. Brief summaries of each section of the
ordinance follow.
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Purpose and intent
This section outlines the rationale for the ordinance and what it hopes to accomplish.
Applicability
This section outlines the projects that are subject to design review. The section lists those
projects that presently require design review. The section also provides the City Council with the
authority to designate other areas of the city as areas subject to design review.
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Procedures
This section outlines what an applicant must do to receive project design approval. The
procedures provided in this section are basically the same as the procedures presently used by
the Committee. That is all projects subject to design review must be reviewed by the Design
Review Committee. The Design Review Committee forwards a recommendation to the City
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Council. The City Council is the body that actually approves or denies the application. Given the
limited number of projects subject to design review, the subcommittee and staff did not feel the
need 10 differentiate the process between major and minor reviews. However, in the future if
more projects require design review, differentiating between major and minor projects may need
to be considered. ' .
Submittal requirements
This section outlines what materials must be presented during the review procedure so as to
determine if the project meets the guidelines outlined in the following section. As listed, a number
of different submittal requirements must be provided with the application. However, not all
submittal requirements are appropriate for projects subject to design review (for example, a
proposed awning sign would not require the submittal of a landscape plan). It would be
cumbersome and potentially confusing to list different submittal requirements for each possible
project type and scale of project. Therefore, Sec.1.t.g4(b)(7) states that the Design Review
Committee staff person may "waive any of the submittal requirements if the nature of the project
warrants".
Guidelines
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This section outlines the criteria used by the 90mmittee and City Council in evaluating whether
or not proposed projects further the purpose and intent of this ordinance. The guidelines are
I similar to the guideli.nes reviewed by the Committee in April with two exceptions: 1) draft sketches
are included with the guidelines and 2) a canopies and awnings section was added. (Note: The
letter/number next to each sketch corresponds with the guideline letter/number.) Once the
,Committee gives it approval of the sketches, subcommittee members have volunteered their time
to draw these sketches in a final form.
Once the Committee has adequately reviewed and approved the proposed enabling resolution,
bylaws, and design review ordinance, the Committee will need to forward its recommendation to
the City Council for Council approval. If you have any, questions or would like additional
information for the meeting, please give me a call (356.5236).
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MEMORANDUM.
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Date:
March 16, 1994
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From:
Design Review Committee
David SChOOn;P/
Re: .
Committee Design Standards (Guidelinesl
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The design standards subcommittee (Bill N., Laura H., Angela S., and myself) has met
numerous times since the last Committee meeting. The subcommittee is in the process of
reviewing both design standards (guidelines) and review procedures for the Committee to
follow when evaluating projects subject to design review. Attached to this memo is a draft
of the design guidelines as proposed by the subcommittee. At the March 21, 1994 meeting,
the subcommittee would like Committee members' comments on these guidelines.
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The subcommittee continues to work with staff on drafting the review procedures for the
design review process. Drafting of the review procedures has been based on the assumption
that the proposed procedures should closely resemble the process that is currently followed
and the Committee's existing review authority. During the subcommittee's discussion issues
are raised that would require the Committee to consider procedures not currently used. These
include establishing two different review procedures for "major reviews" and "minor reviews",
reducing the number of Committee members, or establishing a review procedure by which
the Committee makes the final determination regarding the design of a project with the ability
of the applicant to appeal the Committee's decision to the City Council. The subcommittee
would like direction from the ~ommittee regarding how far the subcommittee should stray
from the original assumption.
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r~ity of Iowa Ci(~
MEMORANDUM
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Date:
February 16, 1994
To:
Design Review Committee
David Schoon, Economic Development coordinatorJ)3-
From:
Re: Design Review Committee Design Standards
The Design Review Committee presently does not have officially adopted design standards to
guide the Committee's recommendations regarding projects that come before it. As the
Committee pursues broadening the scope of the Committee, staff recommends that the
Committee establish design standards and review procedures for projects under the Committee's
existinq review authority (urban renewal projects and projects physically im~ity Plaza).
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The design standards attached to this memo are standards drafted by a subcommittee of the
Design Review Committee, which the full Committee accepted in April 19aa. (Note: The original
draft's illustrations have not been included and the double-underlined sentence has been added
to tie Articles I & II together.) Staff recommends that the Committee officially adopt design
standards and review procedures to give guidance to both the Committee and City Council when
reviewing projects.
As proposed in this memo, the process of establishing design standards and review procedures
is divided into two steps. The first step is for the Committee to adopt the design standards. The
second step is to establish appropriate review procedures to implemeni the design standards.
For this reason, the design standards are presented for the Committee's review at this time.
Once the Committee adopts design standards, the Committee can begin drafting review
procedures.
In reviewing these design standards, the Committee should keep in mind that the standards
should give meaningful guidance to applicants, design professionals, the Committee, and the City
Council. Ideally, these groups should not be required to guess the meaning of the design
standards in order to implement them. In addition, the standards should be applicable for
reviewing development proposals for the last urban renewal parcel as well as other smaller scaled
projects. Optimally, these standards could also be used if and when the Committee's scope is
expanded.
At the February meeting, the Committee will discuss how it wishes to approach this issue.
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RESOLUTION
RESOLUTION RESCINDING RESOLUTION NOS. 74-48, 75-265, 78-155, 92-
130 AND 93-252, AND IN LIEU THEREOF RE-ESTABLlSHING THE IOWA CITY
DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS
WHEREAS, the City of Iowa City initiated an urban renewal project for certain portions of the
downtown area, known as Iowa R-14, and continues to carry out certain urban renewal
functions in that area; and
WHEREAS, the City of Iowa City, in 1974, originally established a Design Review Committee
("Committee"), to assist the City of Iowa City in carrying out the urban renewal projects, with
subsequent amendments made to said resolution over the years; and,
WHEREAS, the City of Iowa now wishes to continue the assistance of the Committee for
urban renewal areas, as well as to use the assistance of the committee for other urban design-
related projects; and
WHEREAS, it is in the public interest to now clarify the various amendments by rescinding all
prior resolutions and re-establishing the Committee by this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
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1. It is in the public interest to clarify the Design Review Committee's mission, by
rescinding all prior amendments and re-establishing the Design Review Committee, in
order to better assist the City in furthering the goal of good urban design in the urban
renewal and downtown areas.
Resolution Nos. 74-48, 75-265, 78-155, 92-130 and 93.252 are hereby rescinded in
their entirety, and the Iowa City Design Review Committee ("Committee") is hereby
re-established as follows:
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a. Committee Role. The Committee's role shall be to recommend, for City Council
approval, aspects of urban design components of urban renewal projects located in
areas designated by City ordinance. The City Council may also request advice and
recommendations from the Design Review Committee on projects located outside of
designated urban renewal areas.
b. Membershio. The Committee shall consist of nine (9) members. At least two-
thirds of the Committee members must be eligible electors of Iowa City, and the
remaining one-third may be eligible electors of Johnson County. Members of the
Committee shall be appointed by the City Council, with term membership to be three
y'ears. Members may serve for more than one term. The members of the previous
Design Review Committee shall complete their terms as members of the Design
Review Committee established by this Resolution herein.
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Resolution No.
Page 2
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c. Bv-Iaws and Rules. The Committee shall recommend rules or by-laws for the
transaction of its regular business, for Cjty Council approval. The Committee shall
have authority to recommend rules of procedure in connection with the projects
subject to design review. All Committee by-laws and procedures shall be effective
only upon City Council approval.
d. The By:laws of the Iowa City Design Review Committee, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
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Passed and approved this
day of
,1994.
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Approved by
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the Resolution be
MAYOR
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ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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BY. LAWS
IOWA CITY DESIGN REVIEW COMMITTEE
ARTICLE I.
MEETINGS
Section 1. Reaular Meetinas. Regular meetings of this Committee shall be held on the third
Monday of each month.
Section 2. Soecial Meetinas. Special meetings of the members may be called by the Chairperson.
Upon the request of four members of the Committee, the Chairperson shall call a special meeting.
Section 3. Place of Meetinas. Regular meetings shall be held in a handicapped-accessible
building.
Section 4. Notice of Meetina. Notice and agenda for all regular meetings shall be distributed to
all Committee members and the press. Notice to all members and to the media shall be at least
24 hours before a meeting is held including special meetings. All notice requirements and meet-
ings shall conform to the provisions of the State Open Meetings Law.
Section 5. Quorum. A majority of the members of the Committee shall constitute a quorum at any
meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive
of any motion or election.
Section 6. Proxies. There shall be no vote By proxy.
Section 7. Public Discussion. Time shall be made available during all regular meetings for open
public discussion.
ARTICLE II.
MEMBERSHIP
Section 1. Membershio. The Design Review Committee shall consist of nine (9) members. At
least two-thirds of the Committee members must be eligible electors of Iowa City; the remaining
one-third may be eligible electors of Johnson County. All members of the Committee shall serve
without compensation, but shall be entitled to the necessary expenses including reasonable travel
expenses incurred in the discharge of their duties.
Section 2. Nomination. The City Council shall appoint members to the Design Review Committee
as vacancies occur.
Section 3. Terms. Terms of membership shall be three years, except for the shortened initial
terms that provide staggered membership. Members may serve for more than one term.
Section 4. Absences. Three consecutive unexplained absences of a Committee member may
result in the Committee's recommendation to the City Council to remove the member from the
Committee, and to appoint a new member.
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Section 6. Resionations & Vacancies. If any member is no longer willing or able to serve on the
Committee, the member shall send a letter of resignation to the City Council. Vacancies occurring
in the Committee, other than by expiration of term of office, shall be filled only for the unexpired
term.
ARTICLE III.
OFFICERS
Section 1. Number. The officers of this Committee shall be a Chairperson and Vice-Chairperson,
and each shall be elected by members of the Committee.
Section 2. Election and Term of Office. The officers of this Committee shall be elected annually.
Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired
portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the
members, appoint committees, call special meetings and in general perform all duties of the
Chairperson, together with such other duties as may be prescribed by members from time to time.
Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair-
person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the
Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to
all the restrictions as those resting with the Chairperson.
ARTICLE IV.
CONDUCT OF COMMITTEE AFFAIRS
Section 1. Aaenda. The Chairperson or a designated representative, together with appropriate
members of the City staff, shall prepare an agenda for all regular Committee meetings. Agendas
are to be sent to Committee members and the media at least three days prior to the regular
meetings.
Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City
for all regular and special meetings.
Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed
to Committee members, and approved by the Committee and sent to the City Council, In the
manner prescribed by the Council. Specific recommendations for the Council are to be set off from
the main body of the minutes and appropriately identified.
Section 4. Policies and Proorams. The Committee shall periodically review the policies and
programs of the City relating to design review and make recommendations to the City Council
when appropriate.
Section 5. Referrals from Council. From time to time letters, requests for information, requests
for recommendations, and other matters are referred to the Committee by the City Council. The
Committee shall initiate the consideration of such items at the next regular meeting following
receipt of the referral, and shall notify Council of its disposition.
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