HomeMy WebLinkAbout1994-09-27 Resolution
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RESOLUTION NO. 9H%
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk be and he/she is hereby directed to issue a permit to the following-
named persons and firms to sell cigarettes:
Cub Foods - 855 H'NY 1 West
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It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Throgmortonthe Resolution be
AYES:
NAYS:
ABSENT:
x
Baker
X Horowitz
Kubby
Lehman
Novick
X Pigott
Throgmorton
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Passed and approved this 27th
day of September
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Approved by
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A TTEST: Il1~A~.J:: U.-fA.J
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RESOLUTION NO, 94-307
RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY
STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30,1994.
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BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial
Report for City Streets and Parking report for the period beginning July 1, 1993, through June
30, 1994, be approved.
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Passed and approved this 27th day of September
,1994,
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ATTEST: ~""'.;""..) ';:,.' ~
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the Resolution be
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It was moved by 'Lehman and seconded by Throgmorton
adopted, and upon roll call there were:
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NAYS:
ABSENT:
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Form 220003
6-94
RUT.2
~~ Iowa Department of Transportation
'lIP OFFICIAL FINANCIAL REPORT
for
CITY STREETS AND PARKING
, ,
City
Iowa City
Johnson
County
From July 1, 1993
to
June 30,1994
I, ~A.J./( eJ(~
(1Ignature)
, city clerk of the City of
Iowa City
do hereby certify that the city council has by resolution approved this report as its official 1994 Fiscal Year
Street Finance Report this -llth day of September ,19 911
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City Mailing Address
410 E. Wasbington St. Iowa City, IA 52240
(Zip Cod.)
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Clerk's Address
(1I0llfelenl From Above)
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Clerk's Hours 8:00 a.m. - 5:00 p.m.
Preparer's Name ReQi na Schrei ber
Phone (319 )356-5041
(Work)
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Mayor~
Phone! 319)356-508B
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Mayor Pro-tern
Mayor's Address
(II OJlf,renl Flom Above)
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Members of the Council
Larry ~aker
Karen Kubbv
Ernest Lehman
Naomi Noyick
Bruno Pi Qott
James Throgmorton
On or belore September 30, 1994, two caples of this report shall be filed with your Transportation Center Planner of the Iowa Department
01 Transportation, '
This report consists of RUT NUMBERS: (circle Ihose Included) <D @) (fjJ @ @
DISTRIBUTION: White and Yellow Copies' Transportafion Center Planner; Pink Copy. City
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Form 220003
6-94
RUT.2
~~ Iowa Department of Transportation
-- OFFICIAL FINANCIAL REPORT
---
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for
CITY STREETS AND PARKING
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City
County
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Iowa City
From July 1, 1993
to
June 3D, 1994
Iowa Ci ty
(slgnBlure)
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do hereby certify that the city council has b
Street Finance Report this _ day of
resolution/approved this report as its official 1994 Fiscal Year
City Mailing Address
(Zip Cod.)
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Clerk's Address
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(If Dlllor~om Above)
Phone -
(Work)
Mayor's Address
(II DllIerenl From Above) .
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Clerk's Hours
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Members of the Council
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On or before September 30, 1994, two copies of this report shall be lIIed with your Transportation Center P1anol!.l' of J e Iowa Department
of Transportation, '
This report consists of RUT NUMBERS: (circle those Included) Q) ~ (fjJ @ @
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DISTRIBUTION: White and Yellow Copies' Transportation Center Planner; Pink Copy. City
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~lOwa Department Of TransportatIOn
-- STREET FINANCE REPORT
FROM ALL SOURCES FOR STREET PURPOSES
Form 220004
6-94
City
Counly
Iowa City
Johnson
City No, ITTIJ
(Compleied by O,O,T,)
A. 1, Ending Balance Last Street Finance Report. . . . .
2, Adjustment (Explain on RUT -2B) "..........
3, Actual Book Balance, July 1, 1993.,.,....... .
ACTUAL RECEIPTS
B. 1, Road Use Tax. . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Property Taxes. . .. , . . . . . . . . . . . . . . . . . . .. .
3. Special Assessments .....................
4, Misc, (itemize on Form RUT-2B) . . , . . . . . . . . . .
5, Proceeds From Bonds Sold, Notes, and .......
Short-term Loans
6, Interest Earned. . .. .. . . . , . .. . . . . . . . . . . . . .
C, Total Receipts (Lines B1 thru B6) . . . . . , . . . . . . . .
D, TOTAL FUNDS AVAILABLE (Line A3+ Line C) ...
ACTUAL EXPENDITURES
E, Maintenance
1. Roadway Maintenance. . . . . . . . . . . . . . . . . . . .
2, Snow and lee Removal. , . . , . . . . . . . . . . . . . . .
3, Storm Sewers. . . . . . . . . . . . . . . . . . , . . . . . . . .
4, Traffic Services. . . . . . . . . . . . . . . . . . . . , . . . . .
5. Street Cleaning. . . . . . . . . . . . . . . . . . . . . . . . . .
F, Construction or Reconstruction
1. Engineering. . . . . , . . . . . . . . . . . . . . . . . . . . . .
2, Right of Way Purchased . . . . . . . . . . . . . . . . . . .
3, Roadway Construction. . . . , . . . . . .. . .. . . . . ,
4. Storm Sewers. . . . . . . . . . . . . . . . . . . . . . . . . . .
5, Traffic Services. . . . . . . . . . , . . . . . . . . . . . . . . .
6, Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
G. AdministratIon............................
H. Street Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . .
I. Trees...................... II...... I I..,
J, Equipment (Purchased or Repaired) . . . . , . . . . , , ,
K, Misc, (itemize on Form RUT.2B) ..............
L, Bonds, Notes and Short-term Loans
1. Principal Paid I I . . . I I . . . . . I . . . . . . . I . . . . . .
2. Interest Paid. . . . . . . . . . . . . . . . . . . . . . . . . . . .
M, Non-Street Purposes ....... . . . . . . . . . . . . . . . .
N, Total Expenditures (Lines E ttiru M) .. . . . . . . . , , .
O. BALANCE, June 30,1994 (Line D minus Line N). . .
P. TOTAL FUNDS ACCOUNTED FOR.
, (Line N + Line 0 = Line D)
RUT-2A
COLUMN 1
COLUMN 4
COLUMN 2
COLUMN 3
ROAD USE
TAX FUND
GENERAL
FUND
OTHER
FUNDS"
TOTALS
(ROUND FIGURES TO NEAREST DOLLAR)
3,358,681
1,005.834
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3,358,681
1,005,834
4,364,515
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3,471,481
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3,471 ,481
1,040,444
411,815
2,855,000
7,711
1,032,733
411,815
2,855,000
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3.471.481
6.830.162
786
3.275.312
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786
7.779.526
12.144.041
1.032.733
1.032.733
960,498 960.4~
181,450 181&0.
418,592 418,592
102,705 102,705
1B5.525 185.525
1. 6B4. 95B 176 .515 1.861.473
107 . 733 107.733
18.736 18.736
21.309 21.309
419,513 ~
266.063 266.063
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227.692 227.692
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1. 032 .733 5.576.330 .;..
0 6.567.711
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l.l6.I..1lL 775.881
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For assistance, call your Transportollon Center Planner
(..) Debt Service, Project and Special Assessments, elc.lnclude the balances for Funds which are used entirely for streets.
Read Your New Instructions. ,
DISTRIBUTION: Whits and Yellow Copies. Trensportellon Center Plenner; Pink Copy - City; Goldenrod Copy - Worksheet
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Form 220005
6-94
~~ Iowa Department of Transportation
..
STREET FINANCE REPORT
Clly
Iowa City
Itemlzallon 01 Miscellaneous Receipts (Line 84 lor Form RUT -2A)
(See Instructions.)
COLUMN 2
Grants
Miscellaneous Sales
Reimbursement of Expenses
Road lJ~p. Tax Interest
$ 154,015
415
131. 307
1?fi,n7R
Line 84 Totals
411,815
Itemizallon 01 Miscellaneous Expenditures (Line K for Form RUT-2A)
Parking lot expenses, street maintenance buildings, insurance, administrative costs
for printing, legal lees, bond fees, etc,
(See instructions,)
COLUMN 2
Line K Totals
Comments: (Including street expenditures by subdividers,)
DISTRIBUTION: While and Yellow Copies. Transportallon Center Planner; Pink Copy' Clly; Goldenrod Copy - Worksheet
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RUT -2B
COLUMN 3
COLUMN 3
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Grant Funds Received FY94
State Grants
Project #DUST-6-7(43)--4A-52 US Highway 6 @ Lakeside Dr $ B,241. 27
Project #SPTN-1-5(56)--2C-52 Asphalt Resurfacing Project 42,091. 89
. Bur li ngton Street
Federa 1 Grant thru State ,
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103-38598 FEMA Flood Grant 103,681. 68
$154,014.84 ,
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FOlm220019
6.94
e Iowa Department of Transportation
STREET FINANCE REPORT
On and Off Street
, ParkIng Statement
City
Iowa City
City No.
A. ACTUAL BOOK BALANCE July 1, 1993 ................................................
ACTUAL RECEIPTS
B, Parking and Meter Receipts
1. Street Meter Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Lot or Garage Meter Revenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Other Lot or Garage Revonue (Rentals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4, Properly Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5, Miscellaneous (Itemize on separate sheet) .............................................
Total (Lines B1 thru B5) 1'1. , . ,.. II . . .. .. . . . , .. ,. ,., ,.. . ... .... ....... . . ..........
C, Proceeds of Parking Bonds Sold. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D, Total Receipts (Lines B1 thru B5 plus Line C) ..............,...........,...........".,..
E, TOTAL PARKING FUNDS AVAILABLE (Lines A plus D) .....,..........,......,............
ACTUAL EXPENDITURES
F, For On and Off Street Parking
1, Acquisition and Installation of Meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2, Maintenance and Repair of Meters ..................................................
3, Acquisition and Improvement of Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Maintenance and Operation for Parking ..............................................
5. Policing and Enforcement. . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . .
TotallLlnes F1 thru F5) ............................... .... . . .. .... . . . . . . . .. . . . . . . .
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RUT-2C
(completed by O,O,T,)
4.556.936
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1.932.847
15.090
6,000
635,875
3.098.229
3,098.229
7.655.165
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913.207
',545,60?
2.461. 333
G, Parking Bonds and Interest Paid
1. Principal Paid on Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~45 , 000
2, Interest Paid on Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 504.909
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H. Street Work Paid from Parking .......................................................
(Amount claimed under miscellaneous receipts on Form RUT-2B)
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I. Total Expenditures (Lines F1 thru F5, plus G1thru G2, plus Line H) , .. .. . .. .. .... . .. . , .. . .. .. .. 3.411.242
J, ACTUAL BALANCE June 30, 1994 (Line E minus Line I) .,..' . . . . , . . . . . . . .. . .. . , . . . . , , . . . , , . 4.243.923
K, TOTAL PARKING FUNDS ACCOUNTED FOR (Lines I plus J) . . . . . . . . . . . . , . . . , , . . , , . . . . . .. , . , 7.655.165
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DISTRIBUTiON: While and Yellow Copies. Transportation Center Planner; Pink Copy. City; Goldenrod Copy - Worksheet
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Miscellaneous Receipts = ~~~~~Z~
Fines 301,965
Interest 176,547 '.
Reimb. ,..Damages 621
Telephone Commission 742 . "
Parking Impact Fee 156,000 "1
Total m~~z~
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ft" Iowa Department of Transportation
.....~ 800 Lincoln Way, Ames, lew. 50010 515/239-1289
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Ref. No. 701.516
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Subject: Road Use Tax Fund
Street Finance Report
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SEP 30 1994
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Dear City Clerk:
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We acknowledge receiving the city's Street Finance Report for the period
from July 1, 1993, through June 30, 1994, as required by the Code of
Iowa, Chapter 312, Section 14. This report, when combined with those
submitted from other cities in Iowa, will provide the Iowa Department of
Transportation and the Federal Highway Administration with a documented
record of street receipts and expenditures in Iowa cities.
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Sincerely,
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Patrick R. Cain, Director
Office of Transportation Inventory .
Planning and Programming Division
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RESOLUTION NO.
94-308
CONSIDER RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND AGREEMENT
FOR USE OF PUBLIC PROPERTY BY AND BETWEEN FRANCIS H., FRANCES C.
AND DAVID J. PANTHER FOR THE PLACEMENT OF A WHEELCHAIR-
ACCESSIBLE RAMP ON THE NORTH LINN STREET RIGHT-OF-WAY.
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WHEREAS, Francis H., Frances and Dave Panther are owners of certain real estate located at
214 N. Linn Street, Iowa City, Iowa, hereafter "Owners," and legally described as follows:
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The west seventy (70) feet of the north twenty-five (25) feet of Lot Five (5) in
Block Fifty-Eight (58) in Iowa City, Iowa, according to the recorded plat thereof,
Also a right-of-way over the east ten (10) feet of the north twenty-five (25)
feet of said Lot Five (5) in 810ck Fifty-Eight (58), Iowa City, Iowa.
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WHEREAS, owners operate a restaurant, Hamburg Inn No.2, on the above-described property
and the restaurant is a public accommodation to which access for persons with disabilities
should be provided; and
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WHEREAS, the Department of Public Works finds the construction of the wheelchair-
accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that
traffic will not be materially impeded; and
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WHEREAS, Owners seek City approval to construct a wheelchair-accessible ramp on the North
Linn Street right-of-way; and
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WHEREAS, the City agrees to allow use of the North Linn Street right-of-way as a valid public
purpose in order that the public accommodation at 214 North Linn Street may be made
accessible to persons with disabilities, subject to the terms and conditions stated in the
attached Agreement for Use of Public Property.
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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 Agreement for Use of Public Property attached hereto is approved as to form and
content.
2. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use
of Public Property for and on behalf of the City of Iowa City.
Passed and approved this 27th day of
September
,1994.
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Resolution ,No. 94-308,'
Page 2
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It was moved by Lehman and seconded by Throgmorton the Resolution be
adopted, and upon rolf call there were:
. AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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AGREEMENT fOR USE Of PUBLIC RIGHT-Of-WAY
This Agreement is made by and between Francis H., Frances C. and David J. Panther,
hereinafter referred to as "Owner," and the City of Iowa City, a municipal corporation,
hereinafter referred to as "City."
WHEREAS, Owner is the fee owner of certain real estate located at 214 North Linn Street,
Iowa City, Iowa, and legally described as follows:
The west seventy (70) feet of the north twenty-five (25) feet of lot Five (5) in
Block Fifty-Eight (58) in Iowa City, Iowa, according to the recorded plat thereof.
Also a right-of-way over the east ten (10) feet of the north twenty-five (25)
feet of said lot Five (5) in Block Fifty-Eight (58), Iowa City, Iowa.
WHEREAS, owners operate a restaurant, Hamburg Inn No.2, on the above-described property
and the restaurant is a public accommodation to which access for persons with disabilities
should be provided; and
WHEREAS, Owners seek City approval to construct a wheelchair-accessible ramp on the North
Linn Street right-of-way; and
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WHEREAS, the Department of Public Works finds the construction of the wheelchair-
accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that
traffic will not be materially impeded; and
WHEREAS, the City agrees to allow use of the North Linn Street right-of-way as a valid public
purpose in order that the public accommodation at 214 North Linn Street may be made
accessible to persons with disabilities, subject to the terms and conditions stated herein.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT
IS AGREED AS FOllOWS:
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1. Owner shall be allowed to install, operate, and maintain a wheelchair-accessible ramp
on City property abutting 214 North Linn Street as shown on the attached sketch
marked Attachment A and approved by the City Engineering Division.
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2. Owner agrees to remove the wheelchair-accessible ramp from the North Linn Street
right-of-way when anyone of the following events occurs:
a, Within 30 days after being ordered to do so by the City.
b. The use of the propertys change and the wheelchair-accessible ramp is no
longer needed.
If Owner fails to remove the wheelchair-accessible ramp as required above, the City
may remove it and the cost thereof shall be assessed against the property in the
manner provided in Section 364, 12(e), Iowa Code (1989).
3. Owner agrees to maintain the wheelchair-accessible ramp in good and reasonable
repair so as to minimize danger.
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4. In the event the said wheelchair-accessible ramp is ever replaced for any reason,
Owner agrees to replace it, subject to the approval of the Public Works Department.
5. Owner agrees to indemnify, defend and hold the City harmless in connection with any
liability whatsoever arising in regard to the installation, maintenance, use, location, or
repair of said wheelchair-accessible ramp, including any liability which the City may
incur as a result of its decision to allow placement of said wheelchair-accessible ramp
on the North Linn Street right-of-way. Owner is required and agrees to carry liability
insurance, in minimum amounts of $500,000-$1,000,000-$250,000 with contractual
liability coverage included as part of such insurance, and shall furnish a copy of the
policy, or a certificate of insurance for same, satisfactory to the City. Owner agrees
to maintain such insurance in force until the wheelchair-accessible ramp is removed
from City property, and failure to maintain such insurance in force shall automatically
terminate the grant of permission contained herein. The parties agree that the City
may require reasonable increases in the amount of coverage in order to provide
comparable coverage protection in the future. If the required insurance is not
maintained, the City shall have the right to remove the wheelchair-accessible ramp
following five (5) days prior written notice to the owners of the property. Cost of such
removal shall be assessed against the property in the manner provided in Section
364.12(e), Code of Iowa (1989),
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6.
Owner acknowledges and agrees that no property right is conferred by this grant of
permission; that the City is not empowered to grant a permanent use of its street right-
of-way for private purposes; and that the City may order said wheelchair-accessible
ramp removed at any time if, for any reason, the City Council determines that the
property upon which the wheelchair-accessible ramp is located is needed for public use
and/or should be cleared of any and all obstructions.
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7. This Agreement shall constitute a covenant running with the land, and shall be binding
upon and shall inure to the benefit of the respective heirs, successors in interest, and
assigns of both parties, except as set forth in Paragraph 2 above.
Dated this -t-- day of --Deh,~u
CITY OF IOWA CITY
,1994.
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STATE OF IOWA )
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JOHNSON COUNTY )
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On this 2. '1 ,';:'---- day of ~,..1p I" , 19 ?J/- , before me, So.Jra wz-
~K , a Notary Public in and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor Pro tem 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 (OrelinaRce) (Resolution) No.
Q&j..-.3b'O passed by the City Council, on the 2.'1 K day of St,F""LJ.~r- ,
19 q.J.. , and that Naomi J. Novick 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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On this zr/^" day of ~en.~.... , 19 #-' before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared -flClOcls H. F'Clllll,cr,' rrai,c;es G,
PaRtRllr,-am! David J, Panther, to me personally known, who being by me duly sworn, did say
that~.a\:h~ partner~ of J-la", bu...g In" Nn. 2. , an Iowa General Partnership,
and that the instrument was signed on behalf of the partnership by authority of the partners;
and the partners acknowledge the execution of the instrument to be the voluntary act and
deed of the partnership by it and by the partners voluntarily executed,
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STATE OF IOWA ) 4
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JOHNSON COUNTY )
On this ~ day of Wt1)/jcl( , 19q~ , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Francis H. Panther, Frances C.
Panther"to me personally known, who being by me duly sworn, did say that they are the
partners of ~'n...,.fJ:z;,f1 ,u". 2.. , an Iowa General Partnership, and that the
, instrument was signed ~n behalf of the partnership by authority of the partners; and the
partners acknowledge the execution of the instrument to be the voluntary act and deed of the
partnership by it and by the partners voluntarily executed.
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AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY
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This A eement is made by and between Francis H., Frances C. and David J Panther,
hereinaft r referred to as "Owner," and the City of Iowa City, a municipal orporation,
hereinafte referred to as "City."
WHEREAS, wner is the fee owner of certain real estate located at 21 orth Linn Street,
Iowa City, 10 , and legally described as follows:
The west eventy (70) feet of the north twenty-five (25) fe of lot Five (5) in
Block Fifty- ight (58) in Iowa City, Iowa, according to the r corded plat thereof.
Also a right- f-way over the east ten (10) feet of the orth twenty-five (25)
feet of said l Five (5) in Block Fifty-Eight (58), low City, Iowa.
WHEREAS, owners ope te a restaurant, Hamburg Inn No 2, on the above-described property
and the restaurant is a p blic accommodation to whic access for persons with disabilities
should be provided; and
WHEREAS, Owners seek City pproval to construe a wheelchair-accessible ramp on the North
Linn Street right-of-way; and
WHEREAS, the Department of ublic Wo s finds the construction of the wheelchair-
accessible ramp to be a minimal i rusion nto the public right-of-way, and also finds that
traffic will not be materially impede . an
WHEREAS, the City agrees to allow us f the ['Jorth Linn Street right-of-way as a valid public
purpose in order that the public ac om odation at 214 North Linn Street may be made
accessible to persons with disabiJ' ies, s ject to the terms and conditions stated in the
attached Agreement for Use of P lie Prope tv.
NOW, THEREFORE, IN CONSI RATION OFTH MUTUAL PROMISE SET FORTH BELOW, IT
IS AGREED AS FOllOWS:
Owner shall be allo ed to install, operate, an , aintain a wheelchair-accessible ramp
on City property a utting 214 North Linn Street s shown on the attached sketch and
approved by the ity Engineering Division.
1.
2.
Owner agrees 0 remove the wheelchair-accessible mp from the North Linn Street
right-of-way hen anyone of the following events 0 urs:
a, Wi in 30 days after being ordered to do so by th City,
b. he use of the property' change}and the wheelcha -accessible ramp is no
longer needed.
If ner fails to remove the wheelchair-accessible ramp as reqUl d above, the City
") y remove it and the cost thereof shall be assessed against th property in the
manner provided in Section 364.12(el, Iowa Code (19891.
3.
Owner agrees to maintain the wheelchair-accessible ramp in good an
repair so as to minimize danger.
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RESOLUTION NO. 94-309
RESOLUTION EST ABLlSHINGA SENIOR CENTER COMMISSION FOR THE CITY
OF IOWA CITY, IOWA, AND ESTABLISHING THE MEMBERSHIP, TERMS,
DUTIES, POWERS AND AUTHORITY OF SAID COMMISSION.
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest that
the City Council establish a Senior Center Commission for the City of Iowa City, Iowa, to
serve as an advisory body to'the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, as follows:
1. There is hereby established for the City of Iowa City, Iowa, a Senior Center
Commission.
2. The Senior Center Commission of the City of Iowa City, shall consist of nine (91
, members, six (61 of whom are appointed by the City Council and three (31 of whom
are appointed by the Johnson County Board of Supervisors. Six (61 members shall be
qualified electors of the city, and three (3) members shall be qualified electors of
Johnson County, and all shall serve without compensation except for reimbursable
expenses.
3.
The terms of office of each member shall be three (31 years commencing on January
1 of the year of appointment.
4. The City Manager of the City of Iowa City, Iowa, shall be authorized to take whatever
administrative action is necessary to provide the staff assistance and information that
is necessary to aid the Commission in the performance of its duties.
5.
The Senior Center Commission shall serve in an advisory role to the City Council of the
City of Iowa City, Iowa, with regards to the needs of the Senior Center, and shall make
recommendations with regard to policies and programs of the Senior Center; shall join
staff and other interested persons in seeking adequate financial resources for the
operation of the Senior Center; shall encourage full participation by senior citizens in
the programs of the Senior Center; shall ensure that the Senior Center is effectively
integrated into the community and cooperates with organizations with common goals
in meeting the needs of senior citizens; shall serve in an advocacy role with regard to
the needs of senior citizens in the City of Iowa City, Iowa, and shall assist and give
input to the City Manager in evaluation and hiring of personnel.
6. The Commission shall have power to make recommendations with regard to the
allocation of space in the Senior Center to various agencies and organizations; to make
recommendations with regard to the acceptance and utilization of gifts; to make
recommendations with regard to policies, rules, ordinances and budgets which affect
the programs and services of the Senior Center; to present an annual report of Senior
Center activities and accomplishments to the City Council of the City of Iowa City,
Iowa, and to implement the above recommendations unless otherwise mandated by
the City Council.
7. The Senior Center Commission shall adopt a set of By-Laws, which they deem
necessary and advisable for the conduct of the business of the Commission, subject
to the Ordinances of the City of Iowa City, Iowa. The Chairperson of the Commission
or a designated staff member shall prepare an agenda for all regular commission
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Resolution No.
Page 2
94-309
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meetings, and the agenda shall be sent to the Commission members and the media at
least three (3) days prior to regular meetings. The minutes of all regular meetings shall
be distributed to the Senior Center Commission and the Johnson County Board of
Supervisors at least three (3) days prior to the next scheduled meeting of the Senior
Center Commission. The City Manager and City Council shall receive copies of the
approved minutes one week after the meeting at which the minutes were approved.
8.
The Senior Center Commission shall be authorized to establish committees, and the
By-Laws of the Commission shall outline their duties, composition and term, The Com-
mission shall also be authorized to create and appoint advisory groups to make studies
and to disseminate information on all of its activities and such groups shall serve
without compensation,
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9. All resolutions and parts of resolutions in conflict with the provisions of this resolution
are hereby repealed.
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10. If any section, provision or part of the resolution shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the resolution as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
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11. This resolution shall be in effect after its final passage, approval and publication as
required by law.
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Passed and approved this 27th day of September
,1994,
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Approved by
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It was moved by Lehman and seconded by
adopted, and upon roll call there were:
'l'hrogmorton the Resolution be
AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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City of Iowa. City
MEMORANDUM
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Date: September 23, 1994
To: Cily Council
From: Karin Franklin, Director,
Re: Annexation of South Wastewater Treatment Plant Site
At the September 13, 1994 public hearing on the annexation of the 160 acre wastewater treatment plant
site and soccer complex, statements were made regarding the Conditional Zoning Agreement (CZA) and
the Fringe Area Agreement between the City and the County. The CZA is enclosed, as the Council
requested. Some clarification of the City's obligations under these agreements is necessary.
Conditional ZoninQ AQreement: With annexation of the planUsoccer site, the Conditional Zoning Agreement
is void and the City is under no legal obligation to comply with the particulars of the Agreement. However,
given the historically sensitive nature of the sewer project and site, there are parts of the Agreement the
Council may wish to carry forward. The essential points of the CZA relate to construction of a southerly
plant access road, construction of a north access road to the soccer complex, the use of sludge, the soccer
complex layout, and items related specifically to the construction of the wastewater treatment plant. The
plant and the southerly access road are completed, so these points are no longer relevant. A resolution
is on the Council's agenda for Oct.25 stating the City's commitment to construction of a north access road
to the soccer complex and use of Nursery Lane for emergency purposes only.
The issues that remain are the placement of sludge on the site and the park site layout. In the CZA, the
City agreed to not place sludge on the site. Currently we dispose of sludge to property owners to the
south, north and east of the plant site to fertilize their land. We would like to apply the sludge, which
produces no more odor than any other soil conditioner, to the soccer complex site to fertilize those fields
as they are constructed. To do so would be beneficial to both the soccer fields and the wastewater
treatment plant operation.
In regard to the layout of the park site, the CZA grants the County the opportunity to review and comment
on any development of the park site that n. . ,materially varies. . .n from the Metcalf & Eddy layout for the
playing fields dated 8/4/87. Contrary to Mr. Braverman's remarks on Sept. 13, adjacent residents are not
mentioned in the CZA. The intended and expected use of the park site has not changed since its acquisi-
tion, but the plan that was the subject of the referendum contained some design differences from the
Metcalf & Eddy, plan and therefore was forwarded to the County offices via a letter and plan copy to Rick
Dvorak on March 29, 1991, The current plan slaled for construction is simply a portion of the 1991 plan
with no significant changes, and was not specifically forwarded to the County for comment; a public hearing
was held on the plan August 30, 1994,
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FrinQe Area AQreement: The 28E agreement between the City and the County pertaining to land use in
the two-mile extraterritorial jurisdiction of Iowa City requires the County be notified of any proposed
annexation and be given the opportunity to review and comment on the annexation. The reciprocal part
of the agreement allows the City to review and comment on any rezoning In the same area. The County
was notified of the wastewater treatment plant site annexation. No comment has been received; typically
the County has not commented on recent annexations.
,
The staff will be available at the Council's work session to answer any other questions you may have on
this issue.
cc: Steve Atkins
Linda Gentry
Chuck Schmadeke
Terry Trueblood
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CONDITIONAL ZONING AGREEMENT
AGREEMENT by and between the City of Iowa City, Iowa, a municipal corpora-
tion (CIty) and Johnson County, Iowa, a municipal corporation (County).
RECITALS
WHEREAS, the City operates a wastewater system, Including sewer lines and
treatment facilities, serving persons, businesses and institutions in Iowa
City; and
WHEREAS, the wastewater system is operated under authority of a National
Po 11 utant Oi scharge Ellmlnat ion System Permit (NPDES Perm! t) authorlzl ng
discharge of pollu,tants into navigable waters In accordance wIth condi-
tions specified in the Permit; and
WHEREAS, among the conditions in the City's NPDES Permit Is a schedule for
full City compliance with the requirements of the Federal Clean Water Act
by July I, 1988; and
WHEREAS, the City has acquired the following property in Johnson County,
Iowa, upon which to locate a wastewater treatment facility, to wit:
The Northeast Quarter of Section 35, Township 79 North, Range 6
West of the 5th P,H.. said property containing 160 acres more or
less (hereinafter referred, to as "the Property"); and
WHEREAS, on April IS, 1987, the City applied to the County for rezoning of
51.5 acres of the Property (such portion is hereinafter referred to as the
"Plant Site") from AI, Rural to HI, Light Industrial classification, in
order to permit construction and operation of wastewater treatment
facilities thereon; and
FILED
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WIIEREAS, the Plant Site Is legally described as follows:
In Johnson County, Iowa, the Northeast Quarter of the Northeast
Quarter of Section 35, Township 79 North, Range 6 West of the
5th P.M., plus the North 11,5 acres of the Southeast Quarter of
the Northeast Quarter of said Section 35,
WIIEREAS, In connection \Ilth the rezoning request, the County has concerns
relating to (I) the adequacy of access to the Plant Site and to the
remainder of the Property, and (2) the disposal of sludge from the plant
operation, both In terms of disposal of sludge on the balance of the
Property and In traffic generated in hauling It from the site; and
WIIEREAS, In order to alleviate the County's concerns, the City is willing
to agree to certain conditions on the use of the Property; and
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WIIEREAS, toward that end the City amended its zoning application on March
16, 1988.
NOW, THEREFORE, TilE PARTIES COVENANT AND AGREE AS FOLLOWS:
I. The City agrees that it will estab1 ish an access road for the Plant
Site which runs either south or southwest from the Site to connect
with the County Road extending easterly from Sand Road along the
south boundary line of Sections 35 and 36, T79N, R6W of the 5th P.M.
The City will be responsible for maintenance of that road. The City
agrees that the P1 ant Site access road wlll, except incase of
emergency, serve as the primary means of ingress to and egress from,
the Plant Site for vehicles and equipment used in the construction of
.
the wastewater treatment plant and for trucks used to haul sludge
from the plant once it becomes operational and for ,other vehicles
employed In plant operations,
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2.
The City agrees that, both when it establishes the Plant Site access
road, and when It establishes road access for the balance of the
Property (such balance Is hereinafter referred to as "the Park
Site"), It w1l1 file with the County Board of Supervisors plans or
maps showing the location of such roads and provide the County with
an opportunity to review and comment on the potential impact, If any,
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on county roads.
the Influent and
The City further agrees that when It establ ijb(b
sludge force main lines to the PlaEILIta
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APP. 2'/1988 ~3\~
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outfall line from the plant, it will file with the County 90ard of
Supervisors plans or maps showing the locations of such lines.
3.
The City agrees that, in the operation of the wastewater treatment
plant, It will not spread sludge on any portion of the Plant Site or
Park Site.
4. The City has filed with Johnson County a drawing of the Park Site,
prepared by Metcalf & Eddy, Engineers, dated 6/97, Revised 9/4/97,
and ent Wed 'South WWTP Playing Field layout' (the "layout"). The
layout reflects a concept plan for possible park and recreation uses
of the Park Site. The City agrees that the layout refl ects its
expected uses of the property, but neither the number and locations
of uses, nor the location of roads and drives for the Park Site have
been determined. The City further agrees, however, that development
of the Park Site w111 be in general conformity with the layout and
that it w111 provide ,the County wHh an opportunity to review and
comment on any development of the Park Site which materially varies
from the layout with the goal of avoiding adverse impacts on county
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roads or the County's land use plan and ordinances.
5.
The City agrees that it w111 establ ish an access road for the Park
Site which will connect that site with Sycamore Street (extended) or
Breese Road. The City agrees that the Park SHe access road will be
establ ished concurrently with any initial development of the Park
Site, and that said access road will, except in case of emergency,
serve as the primary means of ingress to and egress from the Park
Site for vehicles transporting park users to and from the Park Site,
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and for vehicles and equipment used to maintain the park.
It Is
understood and agreed that this access road will ,be owned,
constructed and maintained by the City.
6,
The City represents that plant construction will not adversely affect
the water table in the area and the County has relied on that
representation. The CHy agrees that it will provide for Fi~BD
the water table throughout construction and take any and a 1 \~mS'u\l@s I."..
APP, ~ '11988 ~3 \ (t,t
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Itl WITNESS III1EREOF, the Parties have caused this Conditional Zoning
Agreement to be executed on the day and date shown benepI~ED
signatures, ",.,. ". I, .
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as are necessary and appropriate so as to cause no loss of water to
abutting or nearby property.
7. The City represents that the plant has been deSigned to operate In
such a manner as to not discharge or produce offensive odors which
w11l adverse1'y affect the quiet use, enjoyment or value of existing
uses of neighboring properties and the County has relied on that
representation. The City agrees that it will provide for reasonable
air pollution monitoring and take any and all reasonable measijres as
are necessary and appropri ate so as to di scharge or produce no
offensive odors.
8, The City, represents that the operation of the plant will not
adversely affect the quiet use and enjoyment or value of existing
uses of neighboring properties in any other manner as well and the
County has relied on that representation, The City agrees that it
wfll provide for such reasonable measures as are necessary and
appropriate so as to cause no loss of use, enjoyment or value of
existing uses of neighboring properties.
9. The County hereby agrees that the HI zoning classification will
permit construction and operation of the City's wastewater treatment
facility.
10. The County agrees to rezone the Plant SIte to the HI classification
on or before April 14, 1988.
II. This Agreement shall become effective at such time as the rezoning of
the Plant Site becomes effective.
12, This Agreement shall inure to the benefit of, and shall be binding
upon, the successors and aSSigns of the parties hereto.
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CITY Of IOWA CITY, IOWA
JOHNSON COUNTY, IOWA
By:
Don Se r, a son
Johnson County Board of
Supervisors '
ATTEST: ~~~~ -
omas Sloe ett
County Auditor
STATE Of IOWA )
) SS:
JOHNSON COUNTY )
On this Sth day of April ,19R8, before ,me,
Gina O'Donnell , a Notary Publlc lnaiidfor the State
of Iowa, personally appeared John McDonald 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
(OW:rm~~ (Resolution) No. 88-63 passed (the Resolution adopted)
by the City Council, under Roll Call No. --- of the City Council
on the 5th day of April' , 19 88 ,and that John
McDonald and Marian K. Karr acknowledged the executlQiiOf 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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Iowa
STATE Of IOWA )
) SS:
JOHNSON COUNTY )
On this ~~ day of April , 19~, before me,
C?rol~ F P.~~"~ , a Notary Public in ana-ror the State
of Iowa, persona Ily appeared ~Il Sehr and
--Ian S]o~kPtt , to me persona lly known, and who, be i ng by
me duly sworn, did say tha,t they are the BoArd of Stlpe.l:'lisor Cl1Alt]lerSOrilnd
('nI01~ditar ' ,respectively, of the County of
.Jo1il1S~i 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 Board of Super.
visors, as contained in (~ (Resolution) No, ~-I~-aa-ZL passed
(the Resolution adopted) by the Board of Supervisors, under Rornall No.
of the Board of Supervisors on the 1~th day of
April , 19~, and that Don Sehr
and Tan SlDckett acknowledged the execution of the Instru-
ment to be their voluntary act and deed and the VOluntary act and deed of
the corporation, by it voluntarily executed.
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FILED
lohn~nn r.n Inw~
APR 271986
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Notary P4b~c In an for e State of Iowa
8':t. CAilDL IN f. PETERS
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APP ED N3 TO FORM
4-(.41
LE AL DEPARTMENT
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RESOLUTION NO. q&_~ln
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF
APPROXIMATELY 166 ACRES OF CITY.OWNED PROPERTY KNOWN AS
THE IOWA CITY SOUTH WASTEWATER TREATMENT PLANT SITE.
WHEREAS, The City of Iowa City owns approximately 166 acres of land south of the City
corporate limits known as the South Wastewater Treatment Plant site; and
WHEREAS, the City of Iowa City has requested annexation of said site and adjoining piping
and vehicle access tracts into the City of Iowa City, Iowa; and
WHEREAS, these tracts are contiguous to the corporate limits of the City; and
i
WHEREAS, pursuant to Iowa Code ~368.7, notice for annexation was sent by certified mail to
the Johnson County Board of Supervisors, the City of Hills, and the East Central Iowa Council
of Governments; and
WHEREAS, non of these entities have made comment on or objected to the proposed
annexation,
"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
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1.
The land described in Exhibit A, Exhibit B and Exhibit C shall be voluntarily annexed to
the City of Iowa City, Iowa.
As required by Iowa Code ~ 368.7 (1993), the City Clerk is hereby directed to certify a
copy of the Resolution and to file the Resolution, map and legal description of the
above-described property with the Secretary of State, Johnson County Board of
Supervisors, each affected public utility, and the State Department of Transportation,
The City Clerk is further directed to record the Resolution, legal description and map
with the Johnson County Recorder.
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Passed and approved this 27th day of September
, 1994.
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EXHIBIT A
Treatment Plant Site
The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian, Johnson County, Iowa, which is more particularly described as follows:
Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast
Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615,31 feet,
to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence
N01058'07"W, 2651.36 feet, to an iron pin set; Thence N87051 '35"E, 2631.59 feet, to a
Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of
Section 35; Thence S01037'05"E, 2658,22 feet, to the Point of Beginning, Said tract of land
contains 159.89 acres, more or less, and is subject to easements and restrictions of record,
EXHIBIT B
Nursery Lane
The northerly portion of the existing county road known as Nursery Lane, acquired in Fee
Simple in the name of The City of Iowa City, for the purpose of construction of sewer
improvements over and across said land and more particularly described as follows:
Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of
the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian; Thence N88000'28"E, a recorded bearing along the North Line of the Southeast
Quarter of said Section 35, 100,09 feet, to a point 100,00 feet normally distant east of the West
Line of said Southeast Quarter; Thence SOoo56'39"E, 16.50 feet; Thence S88000'28"W, along
a line parallel with and 16,50 foot normally distant southerly of the North Line of the Southwest
Quarter of said Section 35, 1753.26 feet, to its intersection with the centerline of Sand Road;
Thence northwesterly, 55.49 feet, along said centerline, on a 1189.77 foot radius curve,
concave southwesterly, whose 55.48 foot chord bears N28050'35"W, to its intersection with the
westerly projection of the North Right-of-Way line of said Nursery Lane; Thence N88000'28"E,
along said Northerly Right-of-Way Line, 1678.55 feet, to its intersection with the East Line of
the Northwest Quarter of said Section 35; Thence S01058'07"E, along said East Line, 33.00
feet, to the Point of Beginning. Said tract of land contains 1.93 acres, more or less, and is
subject to easements and restrictions of record,
EXHIBIT C
South Access Road
Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter
of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28"W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75
feet, to the Point of Beginning; Thence S02004'36"E, 527.86 feet; Thence N53035'12"E, 36.33
feet; Thence S02004'36"E, 50.00 feet; Thence S53035'12"W, 36.33 feet; Thence S02004'36"E,
41,18 feet; Thence S09039'32"E, 2057.00 feet, to a point on the South Line of the Southeast
Quarter of said Section 35; Thence S87057'26"W, along said South Line, 66,59 feet; Thence
N09039'32"W" 2052,54 feet; Thence N02004'36"W, 0.47 feet; Thence S38053'53"W, 45,75
feet; Thence S02004'36"W, 50.00 feet; Thence N38053'53"E, 45.75 feet; Thence N02004'36"W,
573,051 feet, to a point on the North Line of said Southeast Quarter; Thence N88000'28"E,
along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4.12
acres, more or less, and is subject to easements and restrictions of Record,
ppdadminlexhibits,cd
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Resolution ,No. 9/1-310'
Page ..2-
It was moved by Throgmorton and seconded by Lehman
adopted, and upon rol~ call there were:
the Resolution be
. AYES:
NAYS:
ABSENT:
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, Baker
X Horowitz
Kubby
Lehman
Novick
'l Pigott
Throgmorton
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RESOLUTION NO.
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE MAP DESIGNATION 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,
A
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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.
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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.
,f'
Passed and approved this
day of
,1994.
MAYOR
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ATTEST:
CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-a
f)dwelling units per acre. '
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High- '
wa'{ 1 West from a-16 dwelling units per
acre to 2-a dwelling units per acre.
3. An ordinance amending the Zoning Ordi-
nance by changing the use regulations o'f
approximately 4 acres of land, known as
the Jensen Iract. located east of Harlocke
Street from RM-44 to RS-5.
4. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an approximate 11.5 acre tract of land,
known as the Ruppert tract, located gener-
all'{ north of Highway 1 West from RM.44
to RS-a.
5. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an accroximate 2 acre Iract of land locat.
ed ;er.erally on the east and west sides of
Har!ccke Street from RM-44 to RS-5.
6. An ordinance amending Chapter 36 of the
Cede of Ordinances of the City of Iowa
Cir{. Iowa, entitled 'Zoning" to permit
building conIractor facilities in the CC.2
zone by special exception.
7. A ~esolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule.
'1ar~ and Highway 1 and to annex land
ncr:h'Nest of the intersection.
a. An cr::tinance amending Ihe Zoning Ordi-
nance by changing the use regulations for
property located in the vicinity of the Mor-
mon Trek Boulevard/Highway 1 intersec-
tion from County A 1 to CI.l and land
no~hwest of the intersection from County
R1A to CO.l.
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
a property located at 402 S. Linn Street
from PRM to CB.5.
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RESOLUTION NO.
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.
C. Designating the subject properties for development at 2-8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
:, \
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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 Highway 1, 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:
~
,
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.
~1 ,1
Passed and approved this
day of
,1994.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of
property located east of Harlocke Street
from' 6-24 dwelling units per acre to 2.8
dwelling units per acre.
2. An amendment to the Comprehensive Plan
to change the land use map designation of
property located on the north side of High-
way 1 West from 8-16 dwelling units per
O acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi.
nance by changing the use regulations of
approximately 4 acres of land, known as
the Jensen tract, located east of Harlocke
Street from AM.44 to AS-5.
4. An ordinance amending the Zoning Ordi.
nance by changing the use regulations of
an approximate, 11.5 acre tract of land,
known as the Auppert tract, located gener-
ally north of Highway 1 West from AM.44
to RS-8.
,6. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
an aporoximate 2 ac're tract of land locat.
ed ;e~erally on the east and west sides of
Hariocke Street from RM-44 to AS-5.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
Cirl, Iowa, entitled .Zoning" to permit
building contractor facilities in the CC.2
zone by special exception.
7. A resolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule-
var~ and Highway 1 and to annex land
nor:hwest of the intersection.
S, An ordinance amending the Zoning Ordi-
nance by changing the use regulations for
property located in the vicinity of the Mor-
mon Trek Boulevard/Highway 1 intersec-
tion from County A 1 to CI.l and land
northwest of the intersection from County
R1A to COol.
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
a property located at 402 S, Linn Street
from PAM to CB.5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE FOUR
ACRE TRACT OF LAND LOCATED EAST OF
HARlOCKE STREET . GENERAllY KNOWN AS
THE JENSEN TRACT. IOWA CITY, IOWA.
FROM RM-44. HIGH DENSITY MULTI-FAMilY
RESIDENTIAL. TO RS-5, lOW DENSITY SINGLE
FAMilY RESIDENTIAL.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate due
to the rugged topography and increased
vehicular congestion in the area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single Family
Residential.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM-44, High Density
Multi-Family Residential, to RS-5, Low Density
Single Family Residential:
Lot 25, Weeber's Third Addition to Iowa
City, Iowa, according to the recorded plat
,thereof, and generally known as the
Jensen tract.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk Is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law,
SECTION IV. REPEALER, All ordinances and
parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutipnal, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
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Ordinance No,
Page 2
or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this
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It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
MAYOR
ATTEST:
CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p,m. on the 5th day of July,
1994, in the Civic Cencer Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An amendment to the Comprehensive Plan
to change the land use map designation of /
propertY located east of Harlocke Street
from 16-24 dwelling units per acre t~ 2-8
dwelling units per acre.
2. ' An amendment to the Comprehensive Plan if{; .
to change the land use map designation of
propertY located on Ihe north side of High- ~
way 1 West from 8-16 dwelling units per
acre to 2-8 dwelling units per acre.
3. An ordinance amending the Zoning Ordi- ~I~
nance by changing the use regulations of
approximately 4 acres of land, known as ~
the Jensen tract. located east of Harlocke
e Street from RM.44 to RS-5.
An ordinance amending the Zoning Ordi-
nance by changing the use regulations of ~ Q
an approximate 11.5 acre tract of land, q41
known as the Ruppert Iract, located gener-
ally north of Highway 1 West from RM.44 ~
to RS-8.
5. An ordinance amending the Zoning Ordi- } 0/11
nance by changing the use regulations of
an 3coroximate 2 acre tract of land locat-
ed ;er.erally on the east and west sides of
Har!ocke Street from RM-44 to RS.5.
6. An ordinance amending Chapter 36 of the
Code of Ordinances of the City of Iowa
Cir/. Iowa. entitled "Zoning" to permit ,!.
building contractor facilities in the CC-2
zone ':Jy special exception.
7. A ~esolution to annex land in the vicinity .,.-:'--.,
of :he intersection of Mormon Trek Boule-
var: and Highway 1 and to annex land
ncr:hwest of the intersection.
8. An ordinance amending the Zoning Ordi-
nance by changing the use regulations for
prope~ located in the vicinity of the Mor-
mon Trek Boulevard/Highway 1 intersec-
tion from County A 1 to C/-l and land
northwest of the intersection from County
R1A to CO-I.
9. An ordinance amending the Zoning Ordi- ,
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nance by changing the use regulations of
a property located at 402 S. Linn Street
from PRM to CB-5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN APPROXIMATE ELEVEN
AND ONE-HALF ACRE TRACT OF LAND
LOCATED GENERALLY NORTH OF HIGHWAY
1 WEST, GENERALLY KNOWN AS THE
RUPPERT TRACT, IOWA CITY, IOWA, FROM
RM.44, HIGH DENSITY MULTI-FAMILY
RESIDENTIAL, TO RS-8, A MEDIUM DENSITY
SINGLE FAMILY RESIDENTIAL ZONE.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate due
to the rugged topography and vehicular
congestion in the immediate area; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44 to RS-8.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM.44, High Density
Multi-Family Residential, to RS-8, Medium
Density Single Family Residential:
Beginning at the northwest corner of the
northeast quarter of the southwest quarter
of Section 16, Township 79 North, Range
6 West, of the Fifth Principal Meridian,
Iowa City, Johnson County, Iowa; thence
South 1050'30" West, 493.80 feet to the
point of beginning; thence South
89044'56" East, 553.65 feet; thence
South 89059'59" East, 421,42 feet;
thence South 0000'01 " West to a point on
the northwesterly right-of-way line of Iowa
Primary Road 1; thence South 71035'52"
West, 704.0 feet; thence South
57055'37" West, 369.85 feet; thence
North 006'7" East, 468.10 feet; thence
North 0013'5" East, 161.77 feet to the
point of beginning, and generally known as
the Ruppert tract.
SECTION II, ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING, The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
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Ordinance No.
Page 2
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed. '
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE, This
Ordinance shall be in effect after its final
passage, approval and publication, as required
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
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AYES: NAYS: ABSENT:
Baker
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Horowitz
- Kubby
Lehman
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- Pigott
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First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
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" ", NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 5th day of July,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, lowa;.at
which heari ng the Council will consider:
1. An amendment to the Comprehensive Plan ,{p
to change the land use map designation of
property located east of Harlocke Street ~llq
I from , 6-24 dwelling units per acre to 2-8 ,..
I dwelling units per acre.
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I 2. An amendment to the Comprehensive Plan
, , to change the land use map designation of
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" property located on the north side of High-
"
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,
'? acre to 2-8 dwelling units per acre.
q)0
3. An ordinance amending the Zoning Ordi-
" nance by changing the use regulations of
approximately 4 acres of land, known as /
the Jensen tract, located east of Harlocke
Street from RM-44 to RS-5. 1!:J 1
4, An ordinance amending the Zoning Ordi-
nance by changing the use regulations of ~
an approximate ".5 acre tract of land, 0,',
" :' known as the Ruppert tract, located gener- 10 II
, ally north of Highway' West from RM.44
FJ to RS-8.
, An ordinance amending the Zoning Ordi-
"
nance by changing Ihe use regulations of
an apJ::roximate 2 ac~e tract of land locat-
~ ed ;er.erally on the east and west sides of
Harloclce Street from RM-44 to RS-S.
0,
.. .r. 6. An ordinance amending Chapter 36 of the
r' , Coce of Ordinances of Ihe City of Iowa
~
City, Iowa, entitled "Zoning" to permit
building contractor facilities in the CC.2
, . zone by special exception.
r.:s_
I ' " 7, A resolution to annex land in the vicinity
of :he intersection of Mormon Trek Boule-
i ~ varj and Highway , and to annex land
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I nor::1west of Ihe intersection.
I 8, An ordinance amending the Zoning Ordi.
i nance by changing the use regulations for
property located in the vicinity of the Mor.
mon Trek Boulevard/Highway, intersec-
tion from County A' to CI., and land
northwest of the intersection from County
R'A to CO-',
9. An ordinance amending the Zoning Ordi-
nance by changing the use regulations of
a property located at 402 S. Linn Street
from PAM to CB-5.
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF AN A~PROXIMATE TWO
ACRE TRACT OF LAND GENERALLY LOCATED
ON THE WEST SIDE OF HARLOCKE STREET,
IOWA CITY, IOWA, FROM RM-44, HIGH
DENSITY MULTI-FAMILY RESIDENTIAL, TO RS-
5, A LOW DENSITY SINGLE FAMILY
RESIDENTIAL ZONE.
WHEREAS, the Planning and Zoning
Commission has studied the subject area; and
WHEREAS, the Commission has found that
the existing RM-44 zoning is inappropriate
because traffic from the subject area travels
through a neighboring low density single-family
neighborhood; and
WHEREAS, the Commission has
recommended that the subject area be rezoned
from RM-44, High Density Multi-Family
Residential, to RS-5, Low Density Single Family
Residential:
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. That the property
described below is hereby reclassified from its
present classification of RM-44, High Density
Multi-Family Residential, to RS-5, Low Density
Single Family Residential.
Lots 20, 21, 22, 23 and 24, Weeber's
Third Addition to Iowa City, Iowa,
according to the recorded plat thereof.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as provided by law,
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance which shall be recorded by the
owner at the Office of the County Recorder of
Johnson County, Iowa, upon final passage and
publication as provided by law,
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed,
SECTION V. SEVERABILITY. If any section,
provision or part of this Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not. affect the validity of the
Ordinance as a whole or any section, provision
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or part thereof not adjudged invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as required
by law. '
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon roll call there were:
that the Ordinance as read be
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First Consideration
Vote for passage:
Second Consideration
Vote ,for passage:
Date published
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RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LONGFELLOW MANOR, IOWA
CITY, IOWA.
WHEREAS, the owners, James J, O'Brien and the Breese Co" Inc., filed with the City Clerk
the final plat of Longfellow Manor, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Beginning at a Point where the West Line of the East One-Half of the Northwest
Quarter of Section 14, Township 79 North, Range 6 West, of the Fifth Principal
Meridian intersects the North Line of the Chicago, Rock Island and Pacific
Railway Comp'any's Northerly Right-of-Way line; Thence Northwesterly 32.05
feet along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve,
concave Southwesterly whose 32.05 foot chord bears N71 017'1 O"W; Thence
N01059'00"W, along a line Parallel with and 30.00 foot normally distant
Westerly of the West Line of the East One-Half of said Northwest Quarter,
612.25 feet, to a Point on the Southerly Right-of-Way Line of Sheridan Avenue;
Thence S90000'00''E, along said Southerly Right-of-Way Line, 430,00 feet, to
the Northwest Corner of Lot 1, Block 6, of the "Plat of Rundell," in accordance
with the Plat thereof, Recorded in Plat Book 1, at Page 130 of the Records of
the Johnson County Recorder's Office; Thence S08000'OO"E, along the
Westerly Line of said Lot 1, and the Southeasterly projection thereof, 836.27
feet, to a Point on said Northerly line of the Chicago, Rock Island, and Pacific
Railway Company's Right-of-Way; Thence Northwesterly 536,36 feet, along
said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve concave
Southwesterly, whose 535.99 foot chord bears N67024'06"W, to the Point of
Beginning. Said Tract of Land contains 7.64 Acres more or less, and is subject
to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
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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Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BYTHE 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.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
3.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law, The owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
L
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION NO.
94-311
RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE
1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI PROGRAM
STATEMENT AND BUDGET.
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WHEREAS, the City of Iowa City receives Community Development Block Grant (CDBG) funds
granted by the U.S. Department of Housing and Urban Development (HUD) under Title 1 of
the Housing and Community Development Act of 1974, as amended, and Title IX of the
Affordable Housing Act of 1990; and
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WHEREAS, on April 26, 1994, the City of Iowa City adopted Resolution No. 94-123,
authorizing filing of the 1994 CDBG Program Statement; and
WHEREAS, with the closing out of the 1993 CDBG Program Year there is an additional
$322,438 in Carryover and Program Income to be allocated; and
WHEREAS, the addition of new projects requires an amendment to said 1994 CDBG Program
Statement and Budget; and
I
WHEREAS, it is an objective of the CDBG Program to address the needs of low and moderate
income residents of Iowa City; and
WHEREAS, on September 21, 1994, the Committee on Community Needs recommended
approval of the revised budget, attached hereto as Exhibit A.
(D. "
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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The amendment to the 1994 Community Development Block Grant Program Budget,
as set forth in Exhibit A, is hereby authorized and approved. ,\
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The City Manager is hereby directed to file said amendment with the U.S. Department
of Housing and Urban Development.
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Passed and approved this 27th
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Resolution ,No. 94-311-'
Page' 2
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It was moved by Kllnn]' and seconded by
adopted, and upon rol~ call there were:
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the Resolution be
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NAYS:
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EXHffiIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET SUMMARY - 1994 PROGRAM YEAR
Proieet CnBG Bud!!et CnBG Bud!!et
Amended 7119/94 Recomended 9/21/94
Acquisition
G1CHF/Burns . Affordable Mixed Income Multi-family Rental Housing $151,500 $151,500
Public Facilities and Imorovements
Neighborhood Centers of Johnson County. New Facility 151,000 151,000
Goodwill Rehab Phase V 51,000 51,000
Domestic Violence Intervention Program - Children's Area Development 15,500 15,500
GlCHF . Landscaping 8,500 8,500
Iowa City Public Housing Authority - Landscaping 33,500 33,500
Youth Homes - Exterior Repair of Waterfront Drive Property 61,000 61,000
Public Services
LlFE Skills, Inc. . Housing Support Program Coordinator 16,060 16,060
Mayor's Youth Employment Program - Youth Stipends 16,250 16,250
Hillcrest Family Services - Operational Costs Transitional
Housing Program 17,300 17,300
Aid to Human Service Agencies 105,000 105,000
Rehabilitation
Elderly Services Agency . Small Repair Program 16,500 16,500
City of Iowa City - Housing Rehab Program 244,000 403,159 I
City of Iowa City. Manufactured Housing Replacement 46,400 46,400
City of Iowa City. Manufactured Housing Fire Safety 11,250 11,250
Economic Develooment
Institute for Social and Economic Development - Microenterprise
Development 17,750 17,750
Relocation Assistance
Townerest Relocation Program 0 139,054 .: .!.
Adm inistration & Planning
General Administration 115,000 121,925
Planning and Research 15,000 15,000
Unprogrammed Funds 37,490 54,790
TOTAL $1,130,000 $1,452,438
Sources of Funds
1994 CDBG Entitlement
1993 Program Income - Housing Rehab
1993 Housing Rehab Carryover
1993 Other Program Income ($8,522) Carryover ($195,757)
1994 Estimated Program Income
$ 969,000 $ 969,000
90,000 125,551 "
0 123,608
41,000 204,279
30,000 30,000
$1,130,000 $1,452,438
TOTAL
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RESOLUTION NO.
94-312
RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE 1994
CURB RAMPS PROJECT.
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WHEREAS, All American Concrete, Inc., of North Liberty, Iowa, has submitted the lowest
responsible bid of $91,757.50 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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Contract for the construction of the above-named Project is hereby awarded to All
American Concrete, Inc. of North Liberty, Iowa, subject to the condition that awardee
secures adequate performance and payment bonds, insurance certificates, and contract
compliance program statements.
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The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for
the construction of the above-named Project, subject to the condition that awardee
secures adequate performance and payment bonds, insurance certificates, and contract
compliance program statements.
Passed and approved this 27th day of
September
,1994.
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Resolution No. 94-312
Page 2 '
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It was moved by Lehman and seconded by Baker
adopted, and upon rol~ call there were:
. AYES:
NAYS:
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ADVERTISEMENT FOR BIDS
1994 CURB RAMPS PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
AM, on the 20th day of September, 1994, and
shall be received in the City Clerk's office no
later than said date and time, Sealed proposals
will be opened immediately thereafter by the
City Engineer. Bids submitted by fax machine
shall not be deemed a "sealed bid" for purposes
of this Project. Proposals will be acted upon by
the City Council at a meeting to be held in the
Council Chambers at 7:30 P,M, on September
27,1994, or at such later time and place as may
then be scheduled.
The Project will involve the following:
Construction of 8,114 SF of 4" and 6" Port-
land Cement Concrete sidewalks and curb
ramps, 2,681 LF of saw cuts, 1,428 LF of
remove and replace curb and guller, 750 SY
of pavement removal, and other associated
work.
All work is to be done in strict compliance with
the plans and specifications prepared by the
City of Iowa City Engineering Division of Iowa
City, Iowa, which have heretofore been ap-
proved by the City Council, and are on file for
public examinalion in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompanied
in a sealed envelope, separate from the one
containing the proposal by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid, The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejec-
tion is made. Other bid bonds will be returned
after the canvass and tabulation of bids is
completed and reported to the City Council,
. The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
AF-'I
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proved by the City Council, and shall guarantee
the prompt payment of ail materials and labor,
and also protect and save harmless the City
from all claims and damages of any kind caused
direclly or indireclly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of five (5)
years from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 160
Late Start Date: October 10, 1994
No-Work Period: November 15, 1994-ApriI1,
1995
Liquidated Damages: $100 per day
The plans, specifications and proposed con-
tract documents may be examined at the office
of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the Office of Richard A. Fosse,
P.E., City Engineer of Iowa City, Iowa, by bona
fide bidders.
A $10 non-refundable fee is required for each
set of plans and specifications provided to
bidders or other interested persons, The fee
shall be in the form of a check, made payable to
the City of Iowa City, Iowa.
Prospective bidders are advised that the City
of Iowa City desires to employ minority contrac-
tors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s),
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quanll-
ties, unit prices and extended dollar amounts.
If no minority business enterprises (MBE) are
utilized, the Contractor shall furnish documenta-
tion of all reasonable, good faith efforts to recruit
MBE's.
A listing of minority contractors is available at
the City, and can be obtained from the Civil
Rights Specialist at the Iowa City Civic Center
by calling 319/356-5022.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Recipro-
cal Preference Act, Section 23.21, Code of Iowa
~1 991), applies to the contract with respect to
bidders who are not Iowa residents.
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The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities,
Published upon order of the City Council of
Iowa City, Iowa,
MARIAN K. KARR, CITY CLERK
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council Member Kubbv introduced the
following Resolution hereinafter set out entitled "RESOLUTION
AUTHORIZING THE RESTRUCTURING OF INVESTMENTS HELD UNDER REFUNDING
TRUST AGREEMENT OF JANUARY 15, 1993," and moved its adoption.
Council Member Throgmorton seconded the motion to
adopt. The roll was called and the following Directors voted:
AYES:
'rh'r"ngmn'r"rnn) R~lr~,...) 1(l1hhy) T,~hm~n, Nn,d l'k
ABSENT:
Hn~nwit7., Pigntt
NAYS:
None
Whereupon, the Mayor declared the Resolution duly adopted as
follows:
94-313
RESOLUTION AUTHORIZING THE RESTRUCTURING OF
INVESTMENTS HELD UNDER REFUNDING TRUST
AGREEMENT OF JANUARY 15; 1993
WHEREAS, the City Council of the City of Iowa City, Iowa has
been advised that an opportunity exists under current market
conditions to effect a restructuring of investments held in escrow
pursuant to the Refunding Trust Agreement dated January 15, 1993,
which secures the future payment of the City'S Sewer Revenue
Bonds, dated August 1, 1986, through the final redemption date of
July 1, 1995; and
WHEREAS, Article IV of the Refunding Trust Agreement provides
that upon request of the 'City to the Trustee a restructuring may
be made with respect to the investments held in escrow subject to
the receipt of verification of cash flow sufficiency by a
certified public accountant and an unqualified opinion of bond
counsel to the effect that such action will not result in any of
the Series 1993 Bonds becoming an arbitrage bond as the same is
defined by Section 148(a) of the Internal Revenue Code of the
United States.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA AS FOLLOWS:
Section 1. The City Finance Director is authorized to take
such action as may appear timely and necessary, including
obtaining the necessary accounting and legal evaluations to
request the Trustee to take the necessary action, and, subject to
same, to take all action which he may deem necessary or
appropriate to effect a restructuring of the escrow investments as
described above, including authorization of the sale or redemption
-2-
AHLERS, COONEY, DORWElLER, HAYNIE, SMITH & ALlBEE, P.c.
AnOIlNIYI AT LAW 011 MOINES. IOWA
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of investments currently held and the purchase of replacement
investments.
Section 2. The Mayor the City Clerk are hereby directed and
'authorized to take any and all action and to execute such
documents as shall be necessary to accomplish an escrow
restructuring as described in the premises of this resolution.
PASSED AND APPROVED this 27th day of September
, 1994;
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May r Pr e
ATTEST:
clO714036Reso,doc
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AHLERS, COONEY, DORWEILER. HAYNIE. SMITH & ALLBEE, r~,
ATTORNCYS AT LAW OEII MOm!! IOWA
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CERTIFICATE
STATE OF IOWA )
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COUNTY OF JOHNSON )
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I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the portion
'of the corporate records of said Municipality showing proceedings
of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; that meeting and all action
thereat was duly and publicly held in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served on
each member of the Council and posted on a bulletin board or other
prominent place easily accessible to the public and clearly
designated for that purpose at the principal office of the Council
(a copy of the face sheet of said agenda being attached hereto)
pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the
public and media at least twenty-four hours prior to the com-
mencement of the meeting as required by said law and with members
of the public 'present in attendance; I further certify that the
individuals named therein were on the date thereof duly and
lawfully possessed' of their respective city offices as indicated
therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is
pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of
the individuals named therein as officers to their respective
positions.
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WITNESS my hand and the seal of said Municipality hereto
affixed this 27th day of ~ptember , ' 1994. '
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City Clerk, Iowa City, Iowa
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AHLERS. OOONEY, DORWEILER, HAYNIE, SMml & ALLBEE, P.C.
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AnORHIVI ATl.AW 011 MOINII,IOWA
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City of Iowa City
MEMORANDUM
Date: September 22, 1994
To: City Council and City Manager
From: Donald Yucuis, Finance Director ~ ~
Re: Sewer Revenue Refunding Bonds, Series 1993 - Restructuring the Escrow
,Account
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Evenson Dodge, Inc., the City's financial advisor, reviews the outstanding general obligation
and revenue bonds of the City to determine if there is a market to refund those bonds. In
addition, where there are escrow accounts set up in the case of refunding bonds, they will
analyze the escrow account to determine if the investment securities in those accounts could
be swapped to achieve a cash savings to the City. '
The 1993 sewer refunding revenue bonds were sold on January 12, 1993 and used to refund
the 1986 sewer revenue bonds. An escrow was set up by purchasing open market treasury
securities. These securities provided the lowest cost versus the normal route of buying United
States Treasury Securities - State and Local Government Series (SLGSI. Short-term interest
rates have increased recently on the SLGS, which provides an opportunity to the City to
restructure the original escrow account. A restructuring of an escrow account requires the
simultaneous sale of existing securities and the purchase of replacement securities (the SLGS). '
The SLGS are purchased with proceeds from the sale of the existing open market securities
at a cost less than the sale price of the open market securities. The cost differential between
the two groups of securities was calculated at approximately $250,000 as of July 29, 1994.
There will be transaction costs from bond counsel, the financial advisor, a CPA, and also the
trustee. Those costs are estimated at approximately $35,000. Based on the July 29, 1994,
calculation, the net dollars returned to the City's wastewater operations fund would be
approximately $215,000,
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A resolution is included on the City Council agenda for September 27, 1994, which would
authorize staff to proceed if the market warrants the savings, Please call me at 356-5052 if
you have any questions.
b~bond,
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RESOLUTION NO. 94-314
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RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF THE
SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING
IMPROVEMENTS PROJECT.
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WHEREAS, Foley Construction, of Clinton, Iowa, has submitted the lowest responsible bid of
$489,599.50 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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1.
Contract for the construction of the above-named Project is hereby awarded to Foley
Construction of Clinton, Iowa, subject to the condition that awardee secures adequate
performance and payment bonds, insurance certificates, and contract compliance
program statements.
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Passed and approved this 27th day of September
,1994.
2.
The Mayor is hereby authorized to sign and the City Clerk to attest the Contract for
the construction of the above-named Project, subject to the condition that awardee
secures adequate performance and payment bonds, insurance certificates, and contract
compliance program statements.
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Resolution ,No. 94-314,'
Page 2-
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It was moved by Kubby and seconded by Throgmorton
adopted, and upon rolf call there were:
the Resolution be
, AYES:
NAYS:
ABSENT:
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Baker
X Horowitz
Kubby
Lehman
Novick
)( Pigott
Throgmorton
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ADVERTISEMENT FOR BID~
South Site Soccer Field and Wastewater
Pipeline Grading Improvements PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 1 0:30
A.M. on the 20th day of September, 1994, and
shall be received in the City Clerk's office no
later than said date and time. Sealed proposals
will be opened immediately thereafter by the
City Engineer, Bids submitted by fax machine
shall not be deemed a "sealed bid" for purposes
of this Project. Proposals will be acted upon by
the City Council at a meeting to be held in the
Council Chambers at 7:30 P.M. on September
27, 1994, or at such later time and place as
may then be scheduled,
The Project will involve the following:
Site grading for an 80 acre site, topsoil
stripping, and respreading, excavating
approximately 170,000 cubic yards of soil,
hauling, placing, compacting, and grading
for proposed soccer fields, recreation areas,
parking lots and roadways. And also the
installation of drainage culverts, granular
roadway and parking area surfacing,
seeding and erosion control and all related
incidental items of construction.
All work is to be done in strict compliance
with the plans and specifications prepared by
Shoemaker & Haaland Professional Engineers,
of Iowa City, Iowa, which have heretofore been
approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompa-
nied in a sealed envelope, separate from the
one containing the proposal by a bid bond
executed by a corporation authorized to
contract as a surety in the State of Iowa, In the
sum of 10% of the bid, The bid security shall
be made payable to the TREASURER OF .THE
CITY OF IOWA CITY, IOWA, and shall be
forfeited to the City of Iowa City in the event
the successful bidder fails to enter into a
contract within ten 1101 calendar days and post
bond satisfactory to the City insuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to
the provisions of this notice and the other
contract documents. Bid bonds of the lowest
two or more bidders may be retained for a
period of not to exceed fifteen (15) calendar
days until a contract Is awarded, or until
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rejection is made. Other bid bonds will be
returned after the canvass and tabulation of
bids is completed and reported to the City
Council. '
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
and also protect and save harmless the City
from all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of one
(11 year from and after its completion and
formal acceptance by the City,
The following limitations shall apply to this
Project:
Working Days: 80
Soccer Field Grading/Seeding Completion
Date: November 25, 1994
Full Site Grading/Seeding Completion
Date: May 30, 1995
Liquidated Damages: $100 per day
The plans, specifications and proposed con-
tract documents may be examined at the office
of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the Office of Shoemaker &
Haaland Professional Engineers, 160 Holiday
Road, Coralville, Iowa, by bona fide bidders,
A $30.00 non-refundable fee is required for
each set of plans and specifications provided to
bidders or other interested persons. The fee
shall be in the form of a check, made payable
to Shoemaker & Haaland Professional Engi-
neers.
A Pre-Bid Conference for prospective bidders
will be held at the office of Shoemaker &
Haaland Professional Engineers, 160 Holiday
Road, Coralville, Iowa, on Tuesday, September
13, 1994 at 10:00 a.m. Bidders are encour-
aged to attend to meet with the design engineer
and city representatives to discuss project
requirements.
Prospective bidders are advised that the City
of Iowa City desires to employ minority
contractors and subcontractors on City pro-
jects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with
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quantities, unit prices and extended dollar
amounts. If no minority business enterprises
(MBE) are utilized, the Contractor shall furnish
documentation of all reasonable, good faith
efforts to recruit MBE's.
A listing of minority contractors is available at
the City, and can be obtained from the Civil
Rights Specialist at the Iowa City Civic Center
by calling 319/356-5022,
By virtue of statutory authority, preference
will be given to products and provisions grown
and coal produced within the State of Iowa,
and to Iowa domestic labor, to the extent
lawfully required under Iowa Statutes, The
Iowa Reciprocal Preference Act, Section 23.21,
Code of Iowa (1991), applies to the contract
with respect to bidders who are not Iowa resi-
dents,
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K, KARR, CITY CLERK
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