HomeMy WebLinkAbout1989-02-21 ResolutionIf J
RESOLUTION NO. 89-33
RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCHESTER HEIGHTS,
A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Clarence Sewell, has filed with the City Clerk of Iowa
City, Iowa, an application for approval of the preliminary plat of
Rochester Heights; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary plat and have
recommended approval of same; and
WHEREAS, the preliminary plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved subject to resolution of deficiencies noted in
the February 2, 1989, Staff Report; and
WHEREAS, the preliminary plat has been revised so as to resolve the
deficiencies noted in the February 2, 1989, Staff Report, and is found to
conform with all of the requirements of the City Ordinances of the City of
Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF IOWA
CITY, IOWA:
I. That the preliminary plat of Rochester Heights is hereby approved.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to certify this resolution which shall
be affixed to the plat after passage and approval by law.
It was moved by Balmer and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Balmer
-- Courtney
—_ Horowitz
X_ Kubby
X Larson
X McDonald
Passed and approved this 21st day of February 1989.
pv 4
YOR
Approved as to Form
ATTEST:
CCITYY CLERK ).egal Department 5,
"
q(5
STAFF REPORT
To: Planning & Zoning Commission
Item: S-8836. Rochester Heights.
GENERAL INFORMATION:
Prepared by: Barry Beagle
Date: January 19, 1989
Applicant: Clarence Sewell, Contract
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
45 -day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Purchaser
c/o Century 21
1927 Keokuk Street
Iowa City, Iowa 52240
Phone: 351-2121
Preliminary subdivision plat
approval.
To establish a 60 -lot, single-
family residential subdivision.
South of Rochester Ave. to Lower
West Branch Road and west of Scott
Blvd. to Amhurst Street.
Approximately 20.5 acres.
Residential: 2-8 DU/A.
Undeveloped; RS -5.
North - Undeveloped; ID -RS.
South - Single -Family Residential;
RS -5.
- Two -Family Residential;
PDH -8
East - Undeveloped; RS -5.
West - Single -Family Residential;
RS -5.
Provisions of the Zoning Ordinance,
Subdivision Regulations, and the
Stormwater Management Ordinance.
December 28, 1988.
February 13, 1989.
Adequate municipal water and sewer
services are available.
Police and fire protection, includ-
ing sanitation service, will be
provided by the City.
a9f
Page 2
Transportation: Vehicular access is available via
Rochester Ave., Scott Blvd., Lower
West Branch Road, and Amhurst
Street.
Physical characteristics: Site is moderately sloping, draining
generally to the east.
ANALYSIS:
The applicant is requesting preliminary plat approval to establish a 20.5
acre, 60 -lot single-family residential subdivision known as Rochester Heights.
Located in northeast Iowa City, the subject tract is in an area encouraged by
the Comprehensive Plan to develop for low density residential land use. All of
the proposed lots meet the minimum dimensional requirements for property
located in the RS -5 zone. The layout and design of the proposed subdivision,
including lot sizes, is consistent with the character of Oakwoods Addition,
Part 6, immediately to the south. The proposed plat is in substantial com-
pliance with the design standards of the Subdivision Regulations.
Subdivision Compliance: The preliminary plat identifies two (2) parcels
fronting on Rochester Avenue as "Not Included In Subdivision." Both residen-
ces were once part of the original tract which is the subject of this plat
application. The eastern 90 -foot by 125 -foot parcel, located at 3311 Rochester
Ave., contains the original farmstead and was the first to be split -off from
the original tract in 1964, one (1) year prior to this area being annexed into
the City. A second 90 -foot by 125 -foot parcel, located at 3301 Rochester Ave.,
was split -off from the original tract in 1979, constituting the first split
under the City's Subdivision Regulations and resulting in the division of the
original parcel into three (3) parts. Section 409.1 of the Code of Iowa states
that the division of a parcel of land into three (3) or more parts, any of
which are described by metes and bounds description and are 10 acres or less,
shall have a plat made of the subdivision. Technically, the division of 3301
Rochester Ave. in 1979 required the submission and approval of a plat including
the original tract and the two (2) residences at 3301 and 3311 Rochester Ave.
The two residential properties are under separate ownership from the sub-
division tract. Attempts were made to include the residence at 3301 Rochester
Ave.; however, the owner declined. Approval by the City of the proposed
Rochester Heights subdivision in no way endorses the exclusion of the two
properties from the subdivision or legitimize the properties as legally
subdivided lots. (Inclusion of the two properties in Rochester Heights would
not change the lot configuration or limit access to Rochester Ave.
Sidewalks: Within residential areas, sidewalks are usually required on both
sides of streets for the safety and convenience of pedestrian traffic. The
typical street section for Sewell Circle and Chatryn Circle indicate that a
four foot sidewalk will be provided on both sides of the streets. In addition,
the plat provides for the extension of sidewalks on the north side of Lower
West Branch Road and the east side of Amhurst Street and the north side of
Rochester Ave.
Section 32-54(a)(6) of the Subdivision Regulations indicates that crosswalks
may be required in blocks over 800 -feet long where excessive out distance
travel would be required. The block between Amhurst Street and Scott Blvd. is
wt
Page 3
over 1200 feet long. For the convenience and safety of residents and school
children within the subdivision, a to -foot walkway easement has been provided
between Sewell Circle and Lower West Branch Road, extending between Lots 14 and
15, and 25 and 26. Due to the subdivision's proximity to Lemme School, the
crosswalk will facilitate pedestrian traffic and decrease the tendency of
school children to shortcut through private property to access the school. A
crosswalk has also been provided between Lots 35 and 36 to afford convenient
access to the sidewalk on Scott Blvd. This crosswalk is located within a 15 -
foot sanitary sewer and walkway easement. The crosswalks will be required to
be dedicated to the City with final plat approval.
Lot and Block Design: The Comprehensive Plan policy discourages driveway
access for single-family residences on arterial streets. The purpose of this
policy is to facilitate the ability of arterial streets to carry large volumes
of traffic unencumbered by multiple, unregulated access points. Due to this
restriction,
Scotteplat notes that Blvd. or RochesternAve., in the Lot 60 islandivision hall have direct
exception.
The divisions of 3301 and 3311 Rochester Ave. left an undeveloped, 80 -foot
wide, portion of the original tract between the two (2) parcels. This area is
identified on the plat as Lot 60 and is separated from the other lots in the
subdivision. The two (2) existing parcels on either side of Lot 60 prevent it
from being integrated with the other lots in the subdivision. The plat notes
that a "Common Access Agreement" will be secured with the lot owner to the east
for access to Lot 60. Legal papers submitted with the final plat should
specify that a common access agreement be secured for the benefit of Lot 60, in
addition to specifying that no lots shall have direct access to Rochester Ave.
or Scott Blvd. with the exception of Lot 60.
The subject tract is located at the intersection of two (2) primary arterial
streets, Rochester ue to
arterial streets, Lots e 35-37 and nd tt49-53 are 0designed hasalimitationsccess
double fro tage lots•
The Subdivision Regulations state that double frontage lots shall be avoided
except in specific locations where good platting indicates their use. The
location and design of the double frontage lots is reasonable considering the
access limitation of the two bordering arterial streets.
Utilities: Sanitary sewer service is currently not available from within the
drainage area in which the subdivision is located. Sewer service will be
provided by tying in to an adjacent drainage area for which there is just
enough capacity to serve the needs of this subdivision. The Southeast Inter-
ceptor sewer system is scheduled to be improved by the extension of a relief
line up from the southeast trunk sewer to the south. once this sewer is
avaiplatlprovidesefor the future ivision ill need to be tied back sanitary sewer connection oftthehis sstem. The
subdivision into
this system once it becomes 'available. Legal papers submitted at the time of
final plat application should provide some form of surety to assure the future
connectiextension of theof hexist subdivision
sanitary sewer this
onstem. The Scott Blvd.ctontheion north requires o apoint
where the relief sewer will stub out.
been submit ed Management:
Preliminary
currently undertreviewemanagement
by the Public Works Department•
The plat will need to show the method of how the 100 -year stormwater runoff
from the entire subdivision gets to the stormwater detention basin.
W
Page 4
Economic Impact: Given the value of comparable residential development in the
nearby residential area, the assessed value of each single-family residence
within the proposed subdivision is approximately $49,105. For tax purposes,
the value of residential uses within this tax year are rolled back to 80.5966%
of their assessed values. The City tax levy imposed upon a residential use
within the City is $11.69523/51,000 of assessed valuation. Assuming a lot in
the proposed subdivision is developed and that the property has an assessed
value of $49,015. the amount of tax due on that property this year would be
approximately $462. If all 60 -lots in the subdivision were developed today,
the City would realize an annual increase in the tax base of approximately
$27,720.
While no direct construction costs to the City are required for this sub-
division, indirect costs such as garbage pickup, maintenance of streets and
municipal utilities, and police and fire protection are incurred. This assumes
the applicant makes provision for the future extension of the sewer system on
Scott Blvd. to tie into the proposed Southeast Interceptor truck sewer exten-
sion. The subdivision is otherwise not expected to impact the City's financial
ability to provide municipal services.
i
STAFF RECOMMENDATION:
Staff recommends that consideration of the preliminary plat of Rochester
Heights be deferred, but upon resolution of the deficiencies and discrepancies
listed below, that it be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Relabel 15' utility easement on the south side of Chatryn Circle and west
side of Sewell Circle to say "15' Utility and Sanitary Sewer Easement."
2. Revise storm sewer system so that all lots drain to stormwater management
facility.
3. Public Works approval of preliminary stormwater management calculations.
4. Extend 15 -foot sanitary sewer and walkway easement between Lots 35 and 36 to
Scott Blvd. right-of-way.
1. Location Map.
2. Preliminary Plat of Rochester Heights.
Approved by -e
Zonald Sc meiser, Director
Department of Planning and
Program Development
LOCATION I4AP
Rochester Heights
S-8836
�9�
TO: Barry Beagle
FROM: Denny GannonlqQl/
DATE: February 9, 1989 (((��JJJJ
RE: Rochester Heights
The deficiencies/discrepancies acknowledged previously with
regard to the preliminary plat for Rochester Heights have been
corrected. (The amended plat I am referring to is that with
Finch Court proposed as an east/west cul-de-sac intersecting with
the east side of Sewell Circle.) Also, the revised preliminary
stormwater management calculations have been submitted and
approved.
City
of
Iowa
City
M
E
M O
R
A
N D
U
M
TO: Barry Beagle
FROM: Denny GannonlqQl/
DATE: February 9, 1989 (((��JJJJ
RE: Rochester Heights
The deficiencies/discrepancies acknowledged previously with
regard to the preliminary plat for Rochester Heights have been
corrected. (The amended plat I am referring to is that with
Finch Court proposed as an east/west cul-de-sac intersecting with
the east side of Sewell Circle.) Also, the revised preliminary
stormwater management calculations have been submitted and
approved.
iI ��
RESOLUTION NO. 89-34
RESOLUTION THEAND FINAL LARGSCALE
RESIDENTIAL DEVEOLOPMENT VING PLAN FORIMINARY CAPITOL VIEW APARTMENTS, TWO.
WHEREAS, the developer, Furman & Company Builders, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of a preliminary and
final Large Scale Residential Development Plan for Capitol View Apart-
ments, Two; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary and final Large Scale
Residential Development Plan and have recommended approval of same; and
WHEREAS, the preliminary and final Large Scale Residential Development
Plan has been examined by the Planning and Zoning Commission and after due
deliberation the Commission has recommended that it be accepted and
approved; and
WHEREAS, the preliminary and final Large Scale Residential Development
Two
form with all the
pertinent reqApartments,
ofthe ordinances i
of the City os found to f Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the preliminary and final Large Scale Residential Development
Plan of Capitol View Apartments, Two is hereby approved.
2. That the City Clerk of the City of Iowa City, Iowa, is hereby
authorized and directed to certify the approval of this resolution
and of the preliminary
Apartments, and final Scale after passage
tial and approvalbnt
y
Plan for Cap P '!
law.
It was moved by Balmer and seconded by Larson the
Resolution be adopte , an upon —roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
_ Balmer
X
X Courtney
Horowitz
Larson
X McDonald
X
Passed and approved this 21st day of February 1989.
YOR
-1,,
Approved as to Form
ATTEST: /n8�ca..:� X • �a" )""-� •2' i-�'�r
TTY CLERK Lega Dep tm nt
%WE
a�_ r January 30, 1989
Attention: Douglas Boothroy City of Iowa City
Regard: The building of"Capitol View Apartment Two" and the
concerns of the property located on the corner of
Capitol and Prentiss Streets.
(1) The new high rise 68 unit - two bedroom apartment building
will be built along the East and South side of our building.
The new building will be about 22 feet higher than our building
and on the Prentiss Street side, our building will be 20 feet
farther back from the street than the new building. The location
and height of the new building as designed will cut out our view
up Prentiss Street. It will cut out our Sunshine and breezes, on
our East and South. A much more serious problem will be the
effect, the height and design of the new building, will hays on
the proper updraft, we now have, to operate our gas furnace and
gas hot water heater. We talked to a heating contractor, to find
out if the new high rise building will effect our updraft. He
said that it will, but said the only way to find out if our furnace
and hot water heater will work is to build the new building and
then our furnace and water heater will either work properly all
of the time or it will not work properly all of the time. When
the wind is from the East or South, he said there will be a down-
draft and you need an updraft. He said, also, that a fireplace
would never work in our building. The "Capitol View Apartment
Two" should be redesigned to insure our proper updraft: A downdraft will
dump carbon monoxide into our basement. Who's responsibility is this?
(2) Another possible problem is rain water. At the present time,
the ground around the existing building in this area absorbs the
rain water. "Capitol View Apartment Two" will cover every square
foot of the lot with the exception of a 5 foot space along the
Scuth side of their building. Where will the rain water go?
If the new building does not have an 18" high concrete curb on
top of their garage wall on our East and South lot line, then we
will get their water, which will flood our lower level unit. We
believe the rain water flow from the building, should be shown on
a blueprint and approved by the City Engineer before a Building
Permit is issued. On top of this curb there should be an iron
railing as the drop off could be 5 foot or more to our lot level.
(3) In regard to garbage and trash. We talked to Housing Inspection
and they said there should be 1 garbage can required for each unit.
I do not know how big a dumpster would be to be equivalent to 68
garbage cans. Maybe it will take 2 dumpsters. All that I can see
on the plan is a 5 foot by 12 foot trash bin in the basement and
this is surrounded by 4 parking places. How can they load out
garbage with cars parked around it?
Where does the dumpster truck park, when they are loading out the
garbage? Do they park on busy Capitol Street or do they back in
and load off the driveway? This will block the sidewalk.
The ceiling height in the basement is not high enough for a dumpster
to load. Whose job is it to check this out before a Building
Permit is issued?
300
Page Two
(4) The City Engineer should check the garage foundation wall.
The alley foundation wall is approximately 17' high. Does a
17' high wall need pilasters to keep it from buckeling into the
garage area at a later date? How big will these pilasters be?
The plan does not show any. If there are pilasters, do they take
away from the parking?
In conclusion, the above are concerns that we would like some
response, in writing, from the City of Iowa City before a building
permit is issued to the developer of "Capitol View Apartment Two".
I FFR 81989
D
HOUSING & INSPECTION SERVICES
IOWA CITY, IOWA
Phil Launspach
Bill Launspach.
P.O. Box 1306 I
Iowa City, Iowa 52244
City of Iowa City
MEMORANDUM
Date: February 17, 1989
To: Phil and Bill Launspach
From: Richard Frantz, Sr. Bldg. Inspectok�
Re: Response to letter dated January 30, 1989, to Douglas oothroy
re: Capitol View Apartment Two
The following information is my response to your questions referenced in
the above-mentioned letter in the order they were presented:
1. Sunshine and Breezes. Anywhere you are allowed to build high-rise
buildings, you are going to have that problem. However, if it were
not allowed, buildings like the hotel, Plaza Centre One, Ecumenical
Towers, etc., would never be built.
Venting of Furnace. If your furnace has proper combustion air and is
in good working condition, you should not have any problems with
drafting. The Uniform Mechanical Code allows you to be no closer
than four (4) feet away from a wall of any height, while Underwriters
Laboratories allows you to be no closer than eight (8) feet from a
vertical wall (see attachments). From what I observed while visiting
your building, your vent appears to be from 15' to 20' from the
proposed structure.
2. Rain Mater. All downspouts will be discharged into a private storm
sewer which will discharge into the City storm sewer or to a
publicway. This is required by the Uniform Building Code.
Engineer Review. The City Engineer does not review plans for Code
compliance. Plans are reviewed by the Building Inspection staff.
Guardrail. Unless this area is used as a walkway or patio for the
apartments, a guardrail is not required by the Code.
3. Garbage and Trash. I know of no one in Housing and Inspection that
said we would require 68 garbage cans. The Code states "There shall
be adequate facilities for sanitary disposal." How the owner chooses
to do this is up to him.
Garbage Trucks. The City has five garbage trucks running Iowa City's
busy streets everyday and they don't seem to create any major
problem.
Building Permit. This is not a building permit requirement. As you
know, owning several rental properties yourself, this is policed by
the Housing Inspectors.
30•
FA
4. Foundation. As I stated before, the City Engineer does not review
building permits. The foundation will have to be designed by a
Structural Engineer licensed in the State of Iowa. Also, a third
party inspection agency will be present during the construction of
the foundation and post -tension deck.
bdw5-1
3&4
TERMS OF LISTING ARE MORE
RESTRICTIVE THAN U.M.C. REQUIREMENTS
TERMS OF LISTING REQUIRE
2' ABOVE HIGHEST
PORTION OF BUILDING
WITHIN 10'
BY U.M.C.
OKAY IF
—1��0'r---
MORE'
L
T
DO THIS
NEVER
DO THIS
Figure 906 (d)-2
Figure 906 (d)-2
Related Code Section: 906 (d)
The Uniform Mechanical Code vent termination requirements for Type B and BW vents
on flat roofs [Section 906 (d)] are different from those of the American National Standards
Institute Standard 2223.1 (the National Fuel Gas Code). The Uniform Mechanical Code re-
quirements will also be different in some cases from the terms of listing. Figure 906 (a)-1,
a portion of Underwriters Laboratories' Gas and Oil Equipment Directory, requires gas
vent caps to be installed at least 8 feet from a vertical wall, whereas the Uniform Mechani-
cal Code would permit a cap to be installed within 4 feet of a wall. Figure 906 (d)-2 shows
on the right-hand side an installation of a gas vent cap which would comply with the
Uniform Mechanical Code but not with the terms of the listing. On the left, installations in
accordance with the terms of listings are shown. The principal reasons for not locating a
vent cap adjoining a vertical wall surface or in the lee of a parapet wall is the varying effect
of wind on venting action and the problem of snow accumulations in cold climate areas.
Also,a vent protruding from a flat wall surface is subject to increased static pressure as
wind strikes the building wall. Conversely, in the lee of a parapet wall, an area of stagna-
tion and reduced atmospheric pressure may be created which increases draft and may pro-
duce undesired effects on gas appliances.
60
J04
LISTED GAS VENTS
GAS VENT CAPS UP TO 12' INTERNAL DIAMETER HAVE BEEN INVESTIGATED FOR WIND EFFECTS AND ARE
FOR INSTALLATION ON LISTED GAS VENTS WITH WHICH THEY ARE COMPATIBLE, TERMINATING A SUFFI•
CIENT DISTANCE FROM THE ROOF SO THAT NO DISCHARGE OPENING IS LESS THAN 2' HORIZONTALLY
FROM THE ROOF SURFACE, AND THE LOWEST DISCHARGE OPENING WILL BE NO CLOSER THAN THE MINI-
MUM HEIGHT SPECIFIED BELOW. THESE MINIMUM HEIGHTS MAY BE USED PROVIDED THAT THE VENT IS
NOT LESS THAN B' FROM ANY VERTICAL WALL.
ROOF PITCH (SLOPE) MINIMUM HEIGHT FROM ROOF TO
LOWEST DISCHARGE OPENING, FEET
FLAT TO 7/12 1.0
OVER 7/12 TO 8/12 1.5
OVER 8/12 TO 9112 2.0
OVER 9/12 TO 10/12 2.5
OVER 10/12 TO 11/12 3.25
OVER 11/12TO 12/12 4.0
OVER 12/12 TO 14/12 5.0
OVER 14/12 TO 16/12 6.0
OVER 16/12 TO 18/12 7.0
OVER 18/12 TO 20/12 7.5
OVER 20/12 TO 21/12 8.0
FOR INSTALLATIONS OTHER THAN COVERED BY THE TABLE ABOVE, OR CLOSER THAN 8' TO ANY VERTI•
CAL WALL AND FOR CAPS LARGER THAN 12' IN INTERNAL DIAMETER, THE CAP IS TO BE LOCATED NOT
LESS THAN 2' ABOVE THE HEIGHEST POINT WHERE THE VENT PASSES THROUGH THE ROOF AND AT LEAST
2' HIGHER THAN ANY PORTION OFA BUILDING WITHIN 10'.
SOURCE: UNDERWRITERS LABORATORIES INC.
GAS AND OIL EQUIPMENT DIRECTORY
Figure806 (a)-1
L� - - - j
Figures 906 (a)-1 and 906 (d)-1
Related Code Sections: 906 (a), 906 (d)
The slope of roof surfaces has been expressed traditionally as the ratio of the rise of the
rafter to the entire width of the building; that is, a building having a % pitch roof has roof
surfaces 45° from horizontal. More recent usage has changed the meaning of "pitch," and
it now refers to the ratio of the span of a rafter to its rise. The variations in terminology for
roof framing are so general that in order to avoid confusion, codes have ceased using the
term "pitch" and have substituted the terms "slope" or "inclination." "Pitch," as used in
Figure 946 (a)—I, means the same as "slope" in Figure 906 (d)-1. Figure 906 (d)—1 is a
graphical presentation of requirements tabulated in 906 (a)-1.
58 31010
ki E
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Monica Moen
Item: S-8834. 612 S. Capitol Date: January 19, 1989
GENERAL INFORMATION:
Applicant: Furman & Company Builders
Requested action:
Purpose:
Location:
Site size:
Existing land use and zoning
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
File date:
615 Highway 1 West
Iowa City, Iowa 52240
Contact: Mike Furman
Phone: 338-9089
Approval of a preliminary and
final Large Scale Residential
Development Plan.
To permit construction of a 68
unit, high rise multi -family
residential dwelling.
612 South Capitol Street;
generally located in the southeast
quadrant of the intersection of
Capitol and Prentiss streets.
20,956 square feet (0.48 acre)
One single-family and four multi-
family residential dwellings; RM -
145
North - Residential and Parking
lot; CB -2 and P.
East - Alley and multi -family
residential dwellings;
RM -145.
South- Si n g 1 a - f ami 1y
residential dwelling;
RM -145.
West - Commercial and
Residential; CI -1 and
RM -145.
Mixed Use Residential and
Commercial.
Zoning Ordinance, Large Scale
Residential Development
Regulations.
December 28, 1988.
Seo
-z-
45 -day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Physical characteristics:
BACKGROUND:
February 13, 1989.
Water, sanitary sewer and storm
sewer services are available.
Municipal police and fire protec-
tion and transit services are
available. Solid waste disposal
is to be provided by a private
hauler.
Access is provided from South
Capitol Street.
The site increases in slope from
west to east.
On January 10, 1989, the City Council approved the preliminary and final
Large Scale Residential Development (LSRD) plan for Capital View
Apartments, phase one. The applicant now comes before the City seeking
preliminary and final LSRD plan approval for Capitol View Apartments, Two,
located within the same block as phase one of this development.
The applicant proposes to remove one single-family and four multi -family
residential dwellings located on the east side of Capitol Street and the
south side of Prentiss Street and to replace these dwellings with an L-
shaped, five -level multi -family residential complex containing 68 dwelling
units. Off-street parking for this use is proposed at ground level and is
accessed via Capitol Street. An outdoor swimming pool, not illustrated on
the plan, is proposed in the L-shaped courtyard in the center of the
structure. Large Scale Residential Development plan approval is required
to construct a residential building containing 30 or more living units.
The applicant, therefore, seeks LSRD plan approval for this development.
ANALYSIS:
Land Use and Zoning: According to the 1983 Comprehensive Plan Update,
"[a]n effort has been made [in the City's Inner City Area] to balance
certain values such as the need for housing adjacent to existing core
areas with other values such as the preservation of existing housing stock
and the stabilization of existing neighborhoods -" (page IC -3) Balancing
these values has been achieved by applying different residential zoning
designations in different areas of the community based upon the
characteristics of each area and the housing goals and objectives of the
City.
300
.3 -
In some parts of the City, preservation of structures and neighborhood
land use patterns are primary concerns. It may also be desirable in these
neighborhoods, however, due to their relative proximity to core areas, to
increase the number of available dwelling units. Zoning classifications
in these parts of the City, therefore, permit conversions of dwelling
units from single-family to multi -family uses. The number of dwelling
units may, therefore, be increased without losing the existing housing
stock.
Other parts of the City, due to their close proximity to the University
and the Central Business District, are zoned to allow the development of
very high density residential uses. Access to these core areas is
convenient for the residents of those multi -family developments and this
high concentration of people can provide the support required by the
retail and service uses in the downtown area. In addition, centralizing
high density residential development in close -in areas where this type of
use is demanded relieves the pressure to develop high density residential
uses further out where lower density residential land uses are preferred.
Specific areas within the community are, therefore, recommended by the
City's Comprehensive Plan for high density residential development with
the realization that both conversion and redevelopment may occur in these
areas.
The subject property, due to its close location to the City's core area,
is located in the RM -145, High Rise Multi -Family Residential Zone which
permits very high density residential development. The plan complies with
the requirements of the RM -145 zone.
LSRD Compliance: The proposed plan conforms with the requirements of the
Large Scale Residential Development regulations.
Economic Impact: The existing five lots and structures affected by this
proposal have a collective assessed value of $294,130 and generate
approximately $3,348 annually in tax revenue for the City. Excluding land
costs, the proposed residential complex will be constructed at a cost of
about $2,040,000.
The City's portion of the tax levy presently imposed upon Iowa City
property is $11.69523/$1,000 of assessed valuation. Assuming the proposed
development has an assessed value of at least $2,040,000, this property
will yield a minimum of $23,858 annually in tax revenue for the City.
While no direct construction costs to the City are anticipated with this
development, indirect costs associated with providing police and fire
protection and public library and recreation services available to
residents of this development are expected. This project will not,
however, adversely impact the City's ability to provide these services.
Recreational needs of residents of this multi -family residential
development are, to some extent, served by the swimming pool proposed
within the facility.
See
-4 -
STAFF RECOMMENDATION:
Staff recommends that the preliminary and final Large Scale Residential
Development plan for Capitol View Apartments, Two, located at 612 South
Capitol Street, be approved.
ATTACHMENT:
1. Location Map.
ACCOMPANIMENT:
1. Capitol View Apartments, Two - Preliminary and FPal LSRD Plan.
Approved by: v
onald chmeiser, Director
Department of Planning & Program Development
T w►
,1 8 ,1 ,i
Z-Rallai N"
■J
dim
Page One
January 30, 1989
Attention: Planning and Zoning City of Iowa City
Regard: The building of"Capitol View Apartment Two" and the
concerns of the property located on the corner of
Capitol and Prentiss Streets.
(1) The new high rise 68 unit - two bedroom apartment building
will be built along the East and South side of our building.
The new building will be about 22 feet higher than our building
and on the Prentiss Street side, our building will be 20 feet
farther back from the street than the new building. The location
and height of the new building as designed will cut out our view
up Prentiss Street. It will cut out our Sunshine and breezes, on
our East and South. A much more serious problem will be the
effect, the height and design of the new building, will have on
the proper updraft, we now have, to operate our gas furnace and
gas hot water heater. We talked to a heating contractor, to find
out if the new high rise building will effect our updraft. He
said that it will, but said the only way to find out if our furnace
and hot water heater will work is to build the new building and
then our furnace and water heater will either work properly all
of the time or it will not work properly all of the time. When
the wind is from the East or South, he said there will be a down-
draft and you need an updraft. He said, also, that a fireplace
would never work in our building. The "Capitol View Apartment
Two" should be redesigned to insure our proper updraft. A downdraft will
dump carbon monoxide into our basement. Who's responsibility is this?
(2) Another possible problem is rain water. At the present time,
the ground around the existing building in this area absorbs the
rain water, "Capitol View Apartment Two" will cover every square
foot of the lot with the exception of a 5 foot space along the
Sauth side of their building. Where will the rain water go?
If the new building does not have an 18" high concrete curb on
top of their garage wall on our East and South lot line, then we
will get their water, which will flood our lower level unit. We
believe the rain water flow from the building, should be shown on
a blueprint and approved by the City Engineer before a Building
Permit is issued. On top of this curb there should be an iron
railing as the drop off could be 5 foot or more to our lot level.
(3) In regard to garbage and trash. We talked to Housing Inspection
and they said there should be 1 garbage can required for each unit.
I do not know how big a dumpster would be to be equivalent to 68
garbage cans, Maybe it will take 2 dumosters, All that I can see
on the plan is a 5 foot by 12 foot trash bin in the basement and
this is surrounded by 4 parking places. How can they load out
garbage with cars parked around it?
Where does the dumpster truck park, when they are loading out the
garbage? Do they park on busy Capitol Street or do they back in
and load off the driveway? This will block the sidewalk.
The ceiling height in the basement is not high enough for a dumpster
to load, Whose job is it to check this out before a Building
Permit is issued?
Seo
Page Two
(4) The City Engineer should check the garage foundation wall.
The alley foundation wall is approximately 1?' high. Does a
1?' high wall need pilasters to keep it from buckeling into the
garage area at a later date? How big will these pilasters be?
The plan does not show any. If there are pilasters, do they take
away from the parking?
In conclusion, the above are concerns that we would like some
response, in writing, from the City of Iowa City before a building
permit is issued to the developer of "Capitol View Apartment Two".
Phil Launspach
Bill Launspach
P.O. Box 1906
Iowa City, Iowa $2244
City of Iowa City
MEMORANDUM
Date: January 27, 1989
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: Capitol View Apartments, Two
The Planning and Zoning Commission deferred consideration of Mr. Furman's
proposed high-rise multi -family dwelling to address questions and concerns
raised by Commission members and an adjacent landowner. An initial
question addressed the site's soil characteristics and its suitability to
support the mass and scale of the proposed structure. In other words,
would the proposed structure exceed the soil's stability or carrying
capacity? In responding to this question, it needs to be recognized that
the structure, because of its size, will be of an engineered design
conforming to standards of the Uniform Building Code. In determining the
suitability of the site for this type of structure, soil borings were
taken and in accordance with that information, the structure has been
designed based upon those borings. This practice has been followed for
both phases of the Capitol View Apartment projects.
Another question dealt with stormwater runoff and how it would be handled.
Incorporated into the design of the structure, as required by the Uniform
Building Code, will be downspouts that divert the flow of rainwater coming
off the site into the storm sewer system. The precise details of this
arrangement will be addressed with the submission of engineered plans at
the time of building permit application.
The Launspachs, who own an adjacent multi -family dwelling at 606 South
Capitol Street, expressed reservations about the occupants of the proposed
structure trespassing across their property. The possibility exists that
the occupants of the proposed structure could trespass across the
Launspach's property, but this situation can be found in any multi -family
residential area. . The proposed structure, as designed, provides
convenient pedestrian access to Capitol Street and Prentiss Street.
Occupants of first floor units may climb over railings to their apartments
and cross over Launspach's property, but this represents a small fraction
of the total number of units in the structure. As with all property
owners, the Launspachs have the right to erect a fence along their
property lines to discourage the possibility of cut -through pedestrian
traffic.
Karin Franklin, Senior Planner, will be present to address these and other
design issues and technical aspects associated with the proposed building.
She is familiar with the design of the proposed structure and how it may
be constructed on the lot lines without affecting adjacent property.
bj/pc2
300
RESOLUTION NO. 89-3S
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO
PURCHASE FOR PARCEL NO. BSI.11, IN CONNECTION WITH THE BENTON STREET
INTERCEPTOR PROJECT AND FOR PARCEL NO. SISC.13, IN CONNECTION WITH
THE SOUTHEAST INTERCEPTOR SEWER PROJECT.
WHEREAS, pursuant to Resolution No. 88-224, adopted November 1, 1988, the City
Council did authorize the acquisition of certain easements and property
interests in conjunction with the Benton Street Interceptor Project; and
WHEREAS, pursuant to Resolution No. 88-256, adopted December 13, 1988, the City
Council did authorize the acquisition of certain easements and property
interests in conjunction with the Southeast Interceptor/Snyder Creek Project;
and
i
WHEREAS,the City Council did, pursuant to said resolutions, authorize the
acquisition of temporary construction easements and permanent sanitary sewer
easements from Heartland Rail Corporation, Iowa Interstate Railroad Ltd., and
Hawkeye Land Company for a total of five sanitary crossings beneath the railroad
right-of-way which said firms jointly own and/or lease; and
WHEREAS, upon further review of the nature, effect, and value of the easements
being acquired by the City, the City's appraiser has determined and reported
that the compensable value for each crossing should be increased by $100,
bringing the valuation per crossing to $2,100, or a total of $10,500 for all
five crossings.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
+ IOWA CITY, IOWA, that the City Manager is hereby authorized to amend the City's
offer for the acquisition of said easements over Parcels Nos. BSI.11 and
SISC.13, as per the revised report by the City's appraiser.
AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired
at the appraised value indicated above, the City Attorney be and he is hereby
authorized and directed to initiate condemnation proceedings for the acquisition
of said easements.
t
It was moved by Courtnev and seconded by Horowitz the
j Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X Ambrisco
X
Balmer
K
Courtney
X
Horowitz
Y
Kubby
K
Larson
McDonald
309
Resolution No. 89-35
Page 2
Passed and approved this 21st day of February 1989.
ATTEST:dd�
CITY CLERK
OR
Ap r v dLs��o Form
✓, ?� o2//4o �8`I
Legal Department
309
i�
ADIEUIS114If FOR BIDS
CORALVILLE-IOW1 CITY ANIMAL MTER
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 14th day of Feb w , 1989, and opened
immediately thereafter by the City Engineer.
proposals will be acted upon by the City Council at
a meeting to be held in the Cantil ambers at 7:30
P.M. on February 21, 1989, or at such late tine and
place as may then be fixed. '
The work will involve the following:
A 3,000 sq. ft. addition to the existing Iara
City Animal Shelter at Kirimood and Clinton, and
limited remodeling to the existing facility. Also
included is a ten car parking lot and a 30 -foot by
73 -foot fenced outdoor kennel and dog run.
All work is to be done in strict carpliance with
the plans and specifications prepared by J.L.
Schoenfelder, City Architect, of Iowa City, Iowa,
which have heretofore been approved by the City
Cantil, and are an file for public examination in
the Office of the City Cleric.
Each proposal shall be conpleted on a form
furnished by the City and nest be accmpanied in a
sealed envelope, separate from the one containing
the proposal, by either of the fallowing forms of
bid security: (1) a certified or cashier's check
drawn on a solvent Iowa bank or a bank chartered
oder the laws of the United States or a certified
share draft drawn on a credit union in Iowa or
chartered oder the laws of the United States, in an
amomt equal to IOX of the bid, or (2) a bid bond
executed by a corporation authorized to contract as
a surety in the State of Iowa, in a penal son of
to % of the bid. the bid security shall be made
pdyabTe to the 1FF/ISi.RFR OF THE CITY OF IG A CITY,
IM, and shall be forfeited to the City of Iowa
City as liquidated damages in the eat the smess-
ful bidder fails to enter into a omtrxt within tem
(10) days and post bad satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said work, if required, pursuant
to the provisions of this notice and the other
contract doa mats. Checks of the lowest two or
more bidders may be retained for a period of not to
exceed fifteen (15) days until a mdxact is awerded
or rejection is made. Other decks will be retrad
after the canvass and tabulation of bids is
completed and reported to the City Council.
Payment to the Contractor will be made as
specified in Division 1- General Conditions; Section
AC.
AF -1
3/6
The successful bidder will be required lo finish
a bad in an amnt equal to one hurdred percent
(100%) of the contract price, said bard to be issued
by a responsible surety approved ty the City Council
and shall guarantee the prompt payment of all
materials and labor and protect and save harmless
the City from claims and damages of ay kind caused
by the operation of the contract, and shall also
guarantee the maintenance of the improvement for a
period of one year from and after its ompletion and
acceptance by the City.
The following limitations shall apply to this
project:
Wetion Date: Nmwber 1, 1989
Liquidated Damages: $200.00 per day
The plans, specifications and proposed contract
documents may be examined at the Office of the City
Cleric. Copies of said plans and specifications and
form of proposal blanks may be seared at the Office
of Francis K. Fanner, P.E., City Engineer of Iowra
City, Iowa, by bona fide bidders. Return all plans
and specifications to the City Engineer's office in
good condition within fifteen (15) days after the
opening of the bids. All questions regarding plans
and specifications shall be referred to Jim
Schoenfelder, City Architect (356-5094, office
located in Civic Center).
Prospective bidders are advised that the City of
Iowa City desires to employ minority cmtrwtois and
subcontractors on City projects.
The Contractor awarded the contract shall suhdt
a list of proposed ukontractors along with
quantities, unit prices and anoints before starting
construction. If no minority business enterprises
(MBE) are utilized, the Contractor shall furnish
documentation of all efforts to recruit MBE's.
A listing of minority contractors is available
and can be obtained from the Civil Rights Specialist
at the Iowa City Civic Center by calling 319j3%-
5022.
By virtue of statutory authority, prefeane will
be given to products and provisions gran and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal ftferane
Act (SF 2160) applies to the contract with respect
to bidders who are not Iowa residents.
The City resenm the right to reject arty or all
proposals and to waive tednicalities and irregu-
larities.
Polished upon order of the City Council of Iowa
City, Iowa.
WRIIMi K. KU, CITY CLEW
AF -2
310
RESOLUTION NO. 89-36
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE CORALVILLE-IOWA CITY ANIMAL SHELTER
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the
28th day of February, 1989, at 7:30 p.m. in the Council Chambers, Civic Center,
Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-named project in a newspaper published at
least once weekly and having a general circulation in the city, not less than
four (4) nor more than twenty (20) days before said hearing. ;
3. That the plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the City Engineer J
in the office of the City Clerk for public inspection.
It was moved by Horowitz and seconded by Courtney
i
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
R BALMER
X_ COURTNEY
I
—X_ HOROWITZ
X KUBBY
X LARSON
F
x McDONALD i
Passed and approved this 21st day of February, 1989.
) MAYOR
ATTEST: 2:�
CI RK
AP RIOE AS TO FORM
Legal Department
all
I
iP
RESOLUTION NO. 89-37
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST, AN AGREEMENT FOR USE OF PUBLIC
PROPERTY BY AND BETWEEN THE CITY OF IOWA CITY, AND EUGENE FISHER
AND TERRY P. HUFF, FOR THE PLACEMENT OF AN ELECTRICAL TRANSFORMER
ON THE SOUTH CAPITOL STREET RIGHT-OF-WAY.
WHEREAS, Eugene Fisher is the fee owner and Terry P. Huff is the purchaser of
certain real estate located at 612 South Capitol Street, Iowa City, Iowa, and
legally described as follows:
Lot 7 and Lot 8, (Except the West 45' of the North 70' of Lot 8) of
Block 12, County Seat Addition to Iowa City, said Lots being more
particularly described as follows: Commencing at the Northwesterly
Corner of said Lot 8; thence S 89056'04" E, 45.00 feet along the
Southerly Right -of -Way line of Prentiss Street to the Point of
Beginning; thence continuing S 89056114" E, along the Southerly
Right -of -Way Line of Prentiss Street, 105.68 feet to the
Northeasterly Corner of said Lot 8; thence S 00103'14" E, 160.06
feet to the Southeasterly Corner of said Lot 7; thence N 89049'05"
W, 150.83 feet along the Southerly Line of said Lot 7 to a point on
the Easterly Right -of -Way Line of Capitol Street, said point being
the Southwesterly Corner of said Lot 7; thence N 00000'00" E, 89.75
feet along said Right -of -Way Line to a point 70' south of the
Northwesterly Corner of said Lot 8; thence S 89056'04" E, parallel
to the Southerly Right -of -Way Line of Prentiss Street, 45.00 feet;
thence N 00000'00" E, parallel to the Westerly Right -of -Way Line of
Capitol Street, 70.00 feet to a point on the Southerly Right -of -Way
Line of Prentiss Street and the Point of Beginning. Said Lots
contain 20,956 square feet more or less and are subject to easements
and restrictions of record.
and
WHEREAS, Huff is developing a multi -story residential apartment building on the
above-described property as a Large Scale Residential Development (LSRD); and
WHEREAS, Fisher and Huff seek City approval to locate the electrical transformer
for said apartment building in front of said building on the Capitol Street
right-of-way, as shown on the attached drawing (Exhibit "A"); and
WHEREAS, the Department of Public Works has approved the location of the
transformer as shown on the plan, Exhibit A hereto; and
WHEREAS, an Agreement for Use of Public Property containing such conditions has
been prepared and is attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The Agreement for Use of Public Property attached hereto is approved as
to form and consent;
3��
Resolution No. 89-37
Page 2
e City
the
2 The Mayor is Agreement for hUse bofaPublic zProperty foreto ecuteand donhbehalf ofethe City toftIowa
City.
It was moved by Balmer and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
XBalmer
X Courtney
Horowitz
X Kubby
X Larson
X McDonald
X
Passed and approved this 21st day of February +
1989.
9�
OR
Appro�tFormATTEST: 1'h�,.._J 1�• nc+^ 'L
C;ITYeCLERK Le al Department'_/7 f9
31 �,
AGREEMENT FOR USE OF PUBLIC PROPERTY
This Agreement is made between Eugene Fisher and Terry P. Huff, individual
persons, hereinafter collectively referred to as "Fisher and Huff," and the City
of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City."
WHEREAS, Eugene Fisher is the fee owner and Terry P. Huff is the purchaser of
certain real estate located at 612 South Capitol Street, Iowa City, Iowa, and
legally described as follows:
Lot 7 and Lot 8, (Except the West 45' of the North 70' of Lot 8) of
Block 12, County Seat Addition to Iowa City, said Lots being more
particularly described as follows: Commencing at the Northwesterly
Corner of said Lot 8; thence S 89056'04" E, 45.00 feet along the
Southerly Right -of -Way line of Prentiss Street to the Point of
Beginning; thence continuing S 89056'14" E, along the Southerly
Right -of -Way Line of Prentiss Street, 105.68 feet to the
Northeasterly Corner of said Lot 8; thence S 00103'14" E, 160.06
feet to the Southeasterly Corner of said Lot 7; thence N 89049105"
W, 150.83 feet along the Southerly Line of said Lot 7 to a point on
the Easterly Right -of -Way Line of Capitol Street, said point being
the Southwesterly Corner of said Lot 7; thence N 00100'00" E, 89.75
feet along said Right -of -Way Line to a point 70' south of the
Northwesterly Corner of said Lot 8; thence S 89156'04" E, parallel
to the Southerly Right -of -Way Line of Prentiss Street, 45.00 feet;
thence N 00000'00" E, parallel to the Westerly Right -of -Way Line of
Capitol Street, 70.00 feet to a point on the Southerly Right -of -Way
Line of Prentiss Street and the Point of Beginning. Said Lots
contain 20,956 square feet more or less and are subject to easements
and restrictions of record.
and
WHEREAS, Huff is developing a multi -story residential apartment building on the
above-described property as a Large Scale Residential Development (LSRD); and
WHEREAS, Fisher and Huff seek City approval to locate the electrical transformer
for said apartment building in front of said building on the Capitol Street
right-of-way, as shown on the attached drawing, Exhibit "A" hereto; and
WHEREAS, the Department of Public Works has approved the location of the
transformer as shown on the drawing, Exhibit "A" hereto; and
WHEREAS, the City will agree to allow use of the Capitol Street right-of-way for
said purpose, subject to the terms and conditions state herein.
NOW, THEREFORE, in consideration of the mutual promises set forth below, it is
agreed as follows:
1. Fisher and Huff shall be allowed to install an electrical transformer on
City property as shown on the drawing, attached hereto as Exhibit "A",
according to applicable standards of the Iowa -Illinois Gas and Electric
Company.
51 a,
Fisher and Huff acknowledge and agree 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 commercial purposes,
and that the City may order said transformer removed at any time if, for
any reason, the City Council determines that the property upon which the
transformer is located should be cleared of obstructions.
Fisher and Huff agree that, prior to installation of the transformer, they
will submit to the City Public Works Department, or will cause Iowa -
Illinois Gas and Electric Company (hereinafter "Iowa -Illinois") to submit
to the City, design data for said transformer demonstrating that it is of
a low -profile design of not more than 55 inches in height. Fisher and
Huff also agree to submit to the City, simultaneously with the transformer
design data, a drawing and data indicating how they intend to screen the
transformer. Vegetative screening shall be subject to approval by the
City and by Iowa -Illinois.
After approval of the transformer design and proposed vegetative screening
by the City Forester, the Department of Public Works, and Iowa -Illinois,
Fisher and Huff may cause Iowa -Illinois or their contractor to install the
transformer. Fisher and Huff further agree to thereafter install the
screening material, to thereafter maintain same in a same and
aesthetically acceptable condition, and to perform repair or maintenance
thereon as the City may from time to time request.
Fisher and Huff agree to maintain the transformer in good repair according
to applicable Iowa -Illinois standards, and to remove the transformer from
the Capitol Street right-of-way, or to move it to another location within
the right-of-way, within thirty (30) days after being ordered to do so by
the City. If Fisher and Huff fail to remove the transformer after being
ordered to do so, the City may remove it and the cost thereof shall be
assessed against the property in the manner provided in Iowa Code (1987)
Section 364.12(2). In the event that the said transformer is ever
replaced for any reason, Fisher and Huff agree to replace it, or cause it
to be replaced, with a low -profile transformer of not more than 55 inches
in height, subject to the approval of the City Department of Public Works.
Fisher and Huff agree to indemnify, defend and hold the City harmless in
connection with any liability whatsoever arising in regard to the
installation, maintenance, use or repair of said transformer, including
any liability which the City may incur as a result of its decision to
allow placement of the transformer on the Capitol Street right-of-way.
Fisher and Huff shall be required 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 before installing the transformer. Fisher and Huff agree to
thereafter maintain such insurance in force until the transformer is
removed from the 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
N O\
4
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally
appeared Terry P. Huff, to me known to be the identical person named in and who
executed the within and foregoing instrument, and acknowledged that he executed
the same as his voluntary act and deed.
Notary Public in and for the State of Iowa
ki
protection in the future. If the required insurance is not maintained,
the City shall have the right to remove the transformer following five (5)
days prior written notice to the owner of the property and the cost of
removal shall be assessed against the property in the manner provided in
Iowa Code (1987) Section 364.12(2)(h)
5. This Agreement shall constitute a covenant running with the land and shall
be binding upon and inure to the benefit of the respective heirs,
successors in interest, and assigns of both parties.
Executed at Iowa City, Iowa, upon the dates as indicated below.
Dated: BY:
Eugene Fisher
Dated:
DATE: February 21, 1989
ATTEST:
2— e. ��
CIT1� CLERK
STATE OF IOWA
SS:
JOHNSON COUNTY
BY:
Terry P. Huff
CITY OF IOWA CITY, IOWLAA
BY: 44(�
Payor
On this 21st day of February , 1989 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally
appeared Eugene Fisher, to me known to be the identical person named in and who
executed the within and foregoing instrument, and acknowledged that he executed
the same as his voluntary act and deed.
JLdbam.lw o Q
Notary Public in and for the State of Iowa
APPROVE TO F"M
L M DEPARTMENT
'Y7- F9
Sia
City of Iowa City
MEMORANDUM
hi
Date: October 31, 1989
To: Marian K. Karr, City Clerk
From: Linda Newman Gentry, First Assistant City Attorne
Re: Capitol View Apartments, Parts One and Two; "Transformer Agreement"
This is to inform you that, after my discussion with Mike Furman last week, there
is no need for an agreement to use public right-of-way for placement of a
transformer on the above property.
Apparently, Mr. Furman was able to obtain property rights for placement of the
transformer. This means that the original "transformer agreement" is moot, and
there is no need to renegotiate the agreement for Part Two. You can thus "close
out" your "agreement for public use of right-of-way for electrical transformer"
item on the agenda, as no longer needed.
Thank you very much for your cooperation in this matter.
cc: Chuck Schmadeke, Public Works Director
Monica Moen, PPD
Legal File/Capitol View Apartments, Parts One and Two
bj/pc2
a�a