HomeMy WebLinkAbout1989-04-18 ResolutionRESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF THE EXTENSION OF WEEBER STREET,
A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, William Knabe has filed with the City Clerk of Iowa City, Iowa, an
application for approval of the final plat of the Extension of Weeber Street,
a Subdivision of Iowa City in Johnson County, Iowa, which is solely an extension
of Weeber Street, in equal proportions, along the property lines of Knabe 8
Russell Trucking, Inc. and legally described as follows:
Beginning at the Northeast Corner of the Southeast Quarter of the
Northwest Quarter of the Southwest Quarter of Section 16, Township
79 North or North, Range 6 West, of the Fifth Principal Meridian;
thence 0°52'16" W, 371.22 feet along the east line of the Northwest
Quarter of the Southwest Quarter of said Section 16; thence
75017'30" W, 386.13 feet; thence 02°22'29" W, 217.72 feet; thence
87058'58" E, 83.33 feet; thence S 02022'29" W, 87.92 feet to a point
on the Northerly right-of-way line of Iowa Highway No. 1; thence S
46055'28" W, 165.55 feet along said right-of-way line; thence S
37001'33" W, 495.40 feet along said right-of-way line; thence N
02049'14" E, 1307.28 feet; thence S 88015'02" E, 130.78 feet; thence
S 88019'30" E, 154.39 feet to the centerline of Weeber Street; thence
S 88°19130" E, 384.95 feet to the Point of Beginning. Said tract of
land contains 11.50 acres, more or less, and is subject to easements
and restrictions of record.
WHEREAS, the Department of Planning and Program Development, the Public Works
Department and the Legal Department have examined the proposed final plat and
have recommended approval of same; and
WHEREAS, the final plat 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 final plat is found to conform with all other requirements of the
City Ordinances of the City of Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the final plat of The Extension of Weeber Street is hereby approved
and the street and easements are hereby accepted as provided by law.
2. That the Mayor and City Clerk of the City of Iowa City are hereby
authorized and directed to execute any legal documents relating to said
subdivision and to certify the approval of this Resolution, which shall
be affixed to the final plat after passage and approval by law.
lyllh
� ltwas moved by
and
seconded
by the
Resolution beadopted, upon
roll call there
were:
AYES: NAYS:
ABSENT:
Ambrisco
. ------ ------
-------Dalmer
� ----~— ------
--^---~Courtney
~----� ------
---~---Horowitz
!------
�~----^KubbY
' -----~
-------
Larson
i ------ ---~--
. -----_
| ---_--
--~---~McDonald
__---_�
�
day ayo f
, 1989.
MAYOR
Ap ov�d
as to Form
` ATTEST:
| CITY'
/LegalUeartment
�
'/-
4k
q A CRY OFRCE:131613519100
KALON4 OFFICE: 131616562816
LONE TREE OFFCE: jJt 8182694Op
HLL9 OFFICE: rJt61 B 2267
HONOHAN, ERLEY, HAYMONO 6 EIRAOOOCK
ATTORNEYS AT LAW
JAY H. HONOHAN
LLOYO A EPLEY
330 EA COURT STREET
GARY L HAYMONO
P.O. Box 3010
MAUFWE A BFIAOpOCK
IOWA 01Y. IOWA AG
PAT O PETERS
April 18, 1989
MCHAEL J. BRENNEMAN
The Honorable Mayor & City Council
City of Iowa City
Iowa City, IA 52240
Re: Extension of Weeber Street
Dear Mayor & Council:
We felt it appropriate to put Gordon Russell's position in
writing so there is no misunderstanding. We have had a chance to
review a proposed Subdivider's Agreement which we understand was
drafted originally by Mr. Knabe's attorneys and then revised by
Linda Gentry of the City's legal staff. A copy accompanies this
letter. We believe the proposal in Section 1 makes the extension
of Weeber Street not a subdivision. The balance of the proposed
agreement then apparently attempts to apply some of the regular
requirements of a subdivision of land to what is not a subdivision
and makes certain different requirements for the subdividers.
The proposed agreement is not acceptable and the matter now
appears to violate your subdivision ordinance which prohibits
"dead end streets" (Section 32.54(4)).
I have sent a letter to Knabe's attorney indicating a willingness
to work with both the City and Knobs's representatives to come to an
agreement that may be acceptable to all the parties.
At the same time our position on the action of the council in
approving this street as proposed as outlined in my letter to Planning
& Zoning on April 6, 1989 remains unchanged with the addition of one
item. It is our understanding that the airport glide path affects the
development of this real estate. I checked with the city staff and to
the best of my knowledge this has not been checked out in connection
with this proposed extension. If the extension has an adverse effect
on the development because of the glide path that also could be a factor
in this matter.
Very truly yours,
HONOHAN, EPLj-Y, HAYMOND & B
.INH/jv ?�(ay H. Honohan
cc: Gordon Russell
Enclosure
S8y
JJ
i
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Barry Beagle
Item: S-8810. The Extension of
Weeber Street
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Existing land use and zoning:
Surrounding land use and zoning
Comprehensive Plan:
File date:
45 -day limitation period:
60 -day limitation period:
ANALYSIS:
Date: April 6, 1989
William Knabe
1102 Weeber St.
Iowa City, Iowa 52240
Phone: 351-4544
Final plat approval.
Approval of the extension of
Weeber Street to provide access to
the applicant's property.
South of Weeber Street and north
of Highway 1.
Undeveloped; RS -5.
North - Residential; RS -5.
South - Undeveloped; RS -5.
East - Undeveloped; RS -5.
West - Undeveloped and Residen-
tial; RS -5.
Residential; 2-8 du/a.
February 24, 1989.
April 10, 1989.
April 25, 1989.
In accordance with Section 32-2 of the Subdivision Regulations, Mr. William
Knabe seeks approval of a final plat that provides for the extension of
Weeber Street approximately 238 feet along a common property line of property
owned by William Knabe, and Gordon Russell. As the Commission will recall,
Mr. Knabe sought preliminary plat approval in accordance with a 1984 District
Court stipulation which provides for the extension of Weeber Street and which
places the burden of construction on Mr. Russell. The preliminary plat of
the proposed street extension was recommended for approval by the Commission
and approved by the City Council on January 26, 1988. The proposed final
plat only provides for the dedicated extension of Weeber Street.
The final plat is in substantial compliance with the requirements of the
Subdivision Regulations and the approved preliminary plat. Construction
plans of the proposed street extension have been submitted and approved by
the Public Works Department. Legal documents have also been submitted and
approved as to form by the Legal Department. Since the area of street right-
of-way is less than two (2) acres, stormwater management is not applicable.
.587
1
Page 2
STAFF RECOMMENDATION:
Staff recommends that the final plat of the Extension of Weeber Street be
approved.
ATTACHMENTS:
I. Location Map.
2. Final Plat.
Approved by:
D na d Sc meiser, Direc or
Department of Planning and
Program Development
I
9 7i
Z -
Arav
'timaw—,
MY+Laesst I Mreb.• ..rtily that -,I-9 :he month of Feb,.,,, 19901 as the ill .... lon of Willi.. S.
and Judith M. emabap oursuan[ to District Court Order Ni. 49347. Receded in 4nlura 737,
wr.a w.aoma[ •[ Paget 290• 299 a.d 290• 1 subdivided • PoaiPn of the East 1411 of tM %,[h...,
'an
..S .w
r. con, pip Ouarur of eM SoutMest Ouarur of Section 16. Twn+61P 79 No,tb Range 6 Untr int
pl• Oi1L" W wl Stripes and Lots a sho.m hereom the boundaries cf aid tract being man sar dcular lr
%I.22'
d.... !bad a }.[ hies-
iC, 4W'/4 bNMy 14. L.ro,'U" l d
au a.araw 3.3innin9 at the IbrtMa[ Corner of the Southeast Oum,ter of the fbrtiwe+t ",to, of tM
South..,I Ova, ter of Sect l on 161 TP.n+h IP 79 North. Range 6 Wst of the Fifth Pr Ind a.I
MerThantfastb,tua
idian: T501.52'16'H. 771.22 It al." the East Line of the Ih...t Drte, of s
wti� t
If, Southueft Overt., of said Section 161 There. S7.'17'70"U. 795.17 bei T ante tj i
rtk SOZ'2Z'29"u. 217.72 fest[ Thence 597.50E'S0", 97,37 feet; Thence S02-22,29%;,87 .91 feet, .Z.
aa.acoat to • Paint on the No,therly Rlyht-0-U., Line of I.. Nighvav to. l; Thence 546'S5'29"O.
Is". wI. I65.SS bet along +old Risht-of :'+v Linel Thence 537'DI'MV, 4955.4 lest alcng +old Right-
GfJ4P� 0 , ofi4y line) Th.. 1-02.49114"E. 1307.29 lute Thence 599'15'02"E. IMM lead Th....
1eat� p 9yD. �rSnenv: 590.19130-E. 154.39 fart to the Contort Ina of Weber Strati Thence S90'19'30 -E. 384 955 t? i
t -r ne y,t yq,y lea m the Point el &ginni coq. Said vast of land contains 11.50 Acne more or las. tt
1 .... ar.w. and b subject to sasa•enes .W restrictions PYRmord. v J
7 Sr n�
( 1 hr[her certily that the Plat a sham hereon Is an accurate presentation at sold Z
subdiuislon and that all corners an marked as indicated. 0 j
Eeoc! co' Ctcvteo Is
eLK T1p41.Y 7gPN o
aj i'i1 I9' � +
H Arai% � Robert 0. Mieblson Rq, !b. 7036 Oav
dOJF1 0 m m Eaw Sub+er abed to aha scorn before no this .�•
OJ "pig h orad lY'w m a 4;q S= day of , 19 CC�
•l ))ipdP LS.00• sOL'iz•t,'W N -C
Pa. easiest
FSrra G tai.7z• r 4
rg b9�53,p p�U h Notary Pohl lc. in and for [M state PI Iwo
U
v etre n
'`�• .^" P : °ji;y if C_'<'�I 'Jl '.A66
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sl 02•a9•[b"E ISD7,26' � � E
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II.Y/ NW.......,,•. tr•n M •r....Y Y e. ry-a�
FEB21 1909 r+•• -+P •-••-..«+47 fall............................. •T..40ci
P.P.D. OcrbNAIENI
PLAT/ LAN APPROVED _
191) IEVISED by
ApY�.. M raw.4 Ca mre ...... city. of... Iowa city 1 • 1
............. �`Y�.
IOWA C"V OFFICE: 13191391.8100
KALWA OFFICE: 13191 699291e
LoI THEE OFFICE: 13191 8293400
H OFF :131918792267
HONOHAN. EPLEY, HAYMONO S BRAOOOCK
ATT0R 5 AT LAW
JAY H. 1iGNOHAhI
LLOYD A EP EY
330 EAST COI 6TFIEET
Gm;Y L HAYl.10N0
P.O.90%3010
1411 W A BFAAODOCK
IOWA Cf TY. O A 92244
PAT O P TEF
f.AOiAELJ BFErw,EM
April 6, 1989
Chairman and Members
Planning and Zoning Commission
City of Iowa City, Iowa
410 E Washington St
Iowa City, Iowa 52240
Re: Knabe Plat
Weeber Street Extension
UI:.Ll-:IVLD_-.
APR 0 b !989
P.P.D. DEPARTMENT
Accompanying this letter are a copy of the agreement filed
in Cause No. 48347 and its accompanying Exhibit "A" in full and a
copy of a sketch provided me by the Staff of the Planning
Department in 1984.
As I stated at the informal meeting on April 3, 1989, at
this time my client, Gordon Russell, is taking no position in
support of or in opposition to the proposed plat before the
Commission. We do wish to make the following comments:
1. Court Ordered Extension. In prior engineering documents
and a City Staff Report, it has been stated that this is a Court
ordered extension. I be
Karin Franklin's letter of June 20,
1988 correctly states that this is not the case and the City is
not bound to approve any particular location nor is it bound to
approve any street in this area. The City was not a party to the
case and is not bound by the order. In fact the agreement
expressly makes it subject to City approval.
2. Street Extension. The approval by the City of the
street is not limited to points 1 and 2, but refers to the street
and its location on Exhibit "A" which sets out a street extending
beyond points 1 and 2 which is the part Mr. Russell may pay for,
a portion of which would normally be at the cost of Mr. Knabe.
3. Commitment by City. We wish to indicate to the
Commission that we feel the City by approving the stub street as
shown on the plat may be making a commitment to Gordon Russell
to extend Weeber Street to Highway No. 1 or some other existing
right-of-way. This is based only partly on the agreement but
also recognizes that the stub street extension as proposed may
517
well make an extension of Weeber Street to Highway No. 1 the only
feasible development of the Russell tract. Mr. Russell does not
own all of the real estate south of the Knabe tract. That
portion was sold to his son Tim prior to 1984.
4. Neighborhood Objections. My client was made aware of
the neighborhood objections in the area north of this tract to
any extension of Weeber Street to Highway No. 1 by the Staff in
1984. We recognize the concerns about traffic. This has been
the main reason that Mr. Russell has not made application for an
extension of Weeber Street to Highway No. 1 in the past.
Again, I apologize for presenting this matter at this time.
We were not made aware of the stub street proposal until the suit
was filed in late April of 1988 or we would have appeared at the
time the proceedings for the preliminary plat were being
presented.
Very truly yours,
HONOHAN, EPLEY, RAYMOND & BRADDOCK
B : J/ Honohan
JHH/cc
Enclosures
cc: Linda Gentry
S7
IN 176 IOWA DISMCf OOURr FOR JOFEN.SON CO VY
WILLMI E. MOE and JUDIV M. )
MADE, ) MUM N0. 48247
Plaintiffs, )
ye- )
STIPULATION
GORMN slWIM.L, )
Defendant. )
The parties settle this Cause of Action on the following texas:
1. 'fie term "parties" shall include the personal representatives, heirs,
successors in interest, and assigns of the Plaintiffs and Defendant.
2. Attached as E:dribit "A" and made a part hereof by this reference is
we dy wing or sketch portraying the property of the Plaintiffs and the Defendant
nht��the designation of the area involved for the purpose of performance
W
� b,LL}go Defendant of the construction of a street subject to the agreements
nh
-jg@ s of this Stipulation.
I1 t VY_2
�i✓,'J. With reference to F_Vhfbit "A", Defendant shall, pursuant to the
specifications hereinafter set forth, install a concrete paved street at his
sole expense between Points "1" and "2" on E)hibit "A", the heavy line between
said points representing the center line of the proposed street. construction
of the street shall be pursuant to the following teons:
a. Specifications shall be those in use by the City of Iowa City,
Iowa, at the Lim of street construction.
b. The street shall be constructed by the Defendant within one
construction season following approval of the street by the City of Iowa City,
Iowa.
C. The obligation for construction of the street bj the Defendant
shall cease unless such street and the location thereof as sham on Exhibit
"A" is approved prior to January 1, 1990, by the City of Iowa City, Iowa, as
a connection to an existing public way including Washer Street in Iowa City,
Iowa.
517
-2-
12 cost of construction shall include the necessary inpmvenents to the street
but shall net include sidewalks, water, or sewer. Tie term "approval" shall
man the approval of the city for ocnnanoerrent of construction of the street.
d. Parties agree to dedicate to the public in equal proportions
the right of way necessary for the installation of the street referred to
stow.
4. Either party may make application to the City of Iowa City for the
installation of the street referred to abow and the other party will not
iobject to the application for the street or any requimnent by the City relevant
to said street.
i 5. The obligation of the Defendant as abow described shall constitute
co �a
(, J a3ft against all of the land awned by the Defendant or Gordon lassell Trucking,
WY& h� on Wlibit "A" as wre particularly described in Exhibit "e" Which _
N tiao
� � I ise61¢ed by the Defendant individually, Gordon Cassell Trucking, Inc., an Iowa
oe tetion which is a signatory hereto as well as airy other entity in which
-
j the Defendant has arty interest. Said real estate of Defendant or Gordon Ehssell i
Truckirg, Inc. is more particularly described in Ehibit "S" Which is attached
{
hereto and risco a part hermf. flhrtiher, the Defendant represents that he or Cordon �
lamsell Trucking* Inc. is the owner of all of the land described in Eddbit "D"
and all of the land set forth in Exhibit "A" except for that portion thereof soldI';.
to TTaothy nussell or that wined by the Plaintiffs or the State of Iowa. ..
jl
The Dofwdant will emeuto any additional documents necossary to establish
the lien described abow as reasonably required.
6• In the ewnt the Defendant fails to perforin the abow obligation, the
Plaintiffs shall haw the right to:
a• specific perfon m;
b. danuges for Defendant's breach; or II
C. having installed the street at Plaintiffs' Wglcavo, for tine cost i
• a
thereof.
The foregoing subparagraphs b and c shall be secured b/ the aforesaid lien
which shall continue in full force aryl affect until satisfied.
-3-
7. In the event Plaintiffs fail to perforin the obligations to be
perforred by them, Defendant shall have the right to bring an action for,
a. specific perfouancer or
b, damages arising from Plaintiffs! bread,.
S. In the event that it is necessary to institute legal action for the
enforceient of the provision of this Stipulation, the defaulting party shall
be responsible for reasonable legal fees and for the costs thereof.
9. It is agreed that this Stipulation may be entered as a jud;nent by
eonsent under the provisions of I.R.C.P. 226, the entry thereof shall consti-
tute a omplete release by each party frau claire of the other except for non-
n ^' p_ZftMnce of the terms of this Stipulation.
JUS
W Z.-
eo Off. A copy of this agreerent may be recorded by either party in the Office
J
OCA- Johnson County Pemrder.
da. Plaintiffs shall pay the court costs of this action.
Dated this 31st day of October, 1984.
ZL za
Fhssell,viduallly WLl an E. Knabe
ODRDW RUSSELL TRLoaNG, INC. �T.
DAunsun M. Knabe
�ent
(br'clon R,sse , Presrden[
Dil ir���i�o��
rbrV'a m-sei�cretary
I
OR Ixa ueu mm, as Ixt st
as I.H Ia......'"} lata L' lm
STATE OF IOWA.TO!J tJ._. ,,,,,,,,,,,,,,,,,,,,,COUNTY,":
.................
On this 31st...... day of.....00t0ber.................... A. D. MO.., before me, this mdenigned. a Notary Public
in and lar said Caunfy end Stale. Partcnally aPPearad WiXAPR E,r._WLribe...._a„!!d Judith,_I1.... Wla!x. ....................
............................ .......................................................... ......... ..... ................................................. ....................... I .................... .......
............................. ............................... .... ....... .......................... -........ .................................................................... .......................
I. me W.n to be the idanlical Parona named in and who a used the .rilhh, a I, oing inRfrumanf, fo which
this Is offachad, and adnawladged that They e.aculad 1h R thein vas nl nd deed.
of c in an
df Reid Catint, and $la
IOWA sun ua ♦sfoohanaaa
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STATE OF IOWA .. ............ JCFIIt5O[1 . ........................COUNTY. ,,:
_ .............
On this .... D„15t.,,,..day of ._9999.x..'.=. ....... A. D. 19,8:4.., baro,. me, the undersigned, a Notary Public
in and for said County and Stela, personally appemed._mTam.! "5e
...................................................................................
..........................................................................................................................................................................................................
.......................................................... ........ ................ ................ ................ ......... ..............................................._......_.._........_.......
to me Ino«n to be the identical persooc named in and .Fo er led the +llhio and fo ng intlrumenf, to whleh
this I3 attached, and ectne.l.dged Ihel>no+�euculed the em 6 valunf ac cad.
/� ... Nol ry Pu l for laid County en Slel
Fill
IOWA fFAT1.. Me.
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STATE OF IOWA, JMSCN COUNTY. Is:
On this ]]tit day of fib'= A.D. 1924—. before me, the undersigned, a Notary Public
in and for the Stele of Iowa, parwnally appeared GMbn Fossell
to ma personally known, who, being by ma duly sworn, did lay
Ihatlhe President and Secretary
rnpectivdy, of said colporallon necuting the within and foregoing indmmant to which this Is Attached, that
(no seal hal been procured by the said wrporalion; that said indrvmanl was th9Mdj6@BB33iMon behalf of
said corporation by authority of its Board of Directors; and that the'mld President
and Secretary a1 such af8ca a k%owledgedthe a onn' ei indwment to be the
voluntary act and dead of said wrporelion, by it and by r un`I nit,euc /ed
Y j' �' I m ig.6nd for said County an Stele.
IOWA STATS MR ASSOCIATION
OAalel aeras Na.
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RESOLUTION NO. 89-73
RESOLUTION APPROVING THE FINAL PLAT OF PETERSEN SECOND
SUBDIVISION OF JOHNSON COUNTY, IOWA,
WHEREAS, the owners, Richard L. & Donna M. Debrie, Robert G. & Ella J. Smellie, Donald K.
& Henrietta Wood, John C. & Marilyn Jean Mangold, Robert D. & Rhonda S. Rowden, William
O. & Judith Terry, and Robert D. McKenzie, have filed with the City Clerk of Iowa City, Iowa,
an application for approval of the final plat of Petersen Second Subdivision; and
WHEREAS, the proposed subdivision is located In Johnson County and within Iowa City's two-
mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the proposed final plat and have recommended approval of same;
and
WHEREAS, the final 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 the inclusion in the Subdivider's Agreement of a provision which requires the
improvement of Hanks Drive according to Level 2 of the design standards of the Fringe Area
Policy Agreement; and
WHEREAS, the final plat is found to conform with all of the pertinent requirements of 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:
1. That the final plat of Petersen Second Subdivision is hereby approved subject to the
Inclusion in the Subdivider's Agreement of a provision which requires the Improvement
of Hanks Drive according to Level of the design standards of the Fringe Area Policy
Agreement; and the dedication of the streets, roads and easements are hereby
accepted as provided by law; and
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed to certify the approval of this resolution which shall be affixed to the final plat.
M1
Resolution No. 89-73
Page 2
It was moved by Balmer and seconded by Ambrisco the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 18th day of April 1989.
v
YOR
Appr ved as to Form
ATTEST: 2h...:. J 7CR nJ ��� cch•v� ,LGA
CITY CLERK L gal Department
i
STAFF REPORT
To: Planning & Zoning Commission
Item: 5-8824. Petersen Second
Subdivision.
GENERAL INFORMATION:
Applicant: Donald K. Wood
4036 Rochester Ave.
Iowa City, Iowa 52240
Phone: 351-9124
Owners:
Donald K. & Henrietta Wood
Richard L. & Donna M. Debrie
Robert G. & Ella J. Smellie
John C. & Marilyn J. Mangold
Robert D. & Rhonda S. Rowden
William 0. & Judith Terry
Robert D. McKenzie
Final plat approval.
To establish a seven (7) lot
residential subdivision.
Approximately one-half mile
east of Iowa City on the north
side of Local Road (Rochester
Avenue).
10.25 acres.
Single-family residential and
Undeveloped; RS (County).
Five (5) single-family detached
residences.
North - Agricultural; RS.
South - Agricultural; RS.
East - Agricultural; RS.
West - Agricultural; RS.
Area 5.
Provisions of the Subdivision
Regulations, Stormwater
Management Ordinance, Fringe
Area Policy Agreement, and City
Rural Design Standards.
November 4, 1988.
45 -day: December 19, 1988.
60 -day: January 3, 1989.
Prepared by: Barry Beagle
Date: December 1, 1988
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Existing improvements:
Surrounding land use and zoning:
Fringe Area:
Applicable regulations:
File date:
Limitation periods:
S89
SPECIAL INFORMATION:
Public utilities: Public utilities are not
available to this area. Sewage
disposal for existing and
proposed lots is to be provided
by individual septic systems.
Water service to all lots is
provided by existing wells
located on Lots 1, 3 and 6. A
ten -foot utility easement
extends adjacent to both sides
of Hanks Drive for telephone
and electric service.
Public services:
Police protection is provided
by Johnson County with fire
protection provided by the West
Branch Fire Protection
District. A letter establish-
ing a fire rating for the
subdivision and indicating that
fire protection would be
provided has been received from
the Fire Protection District.
Transportation:
Vehicular access is provided by
Hanks Drive, a private two-
lane residential street
extending north from Local
Road.
Physical characteristics:
The site is moderately sloping
with grades ranging from 9% to
18% from a north -south oriented
ridge extending through the
center of the site.
ANALYSIS:
On behalf of the property owners in the proposed subdivision, Mr. Donald
Wood has initiated application for final plat approval to establish a
seven (7) lot, 10.25 acre residential subdivision known as Petersen Second
Subdivision. The proposed subdivision is located approximately 0.5 miles
east of Iowa City on the north side of Local Road in Area 5 of the Fringe
Area Policy Agreement. The Area 5 policy permits residential development
within one (1) mile of the eastern corporate limits of the City and
requires that new development conform to the City Rural Design Standards
for streets.
Preliminary plat approval of the seven (7) lot subdivision was granted by
the City Council on June 14, 1988, and subsequently approved by the Board
of Supervisors on June 16, 1988. The preliminary plat was approved with the
reduction in required right-of-way width for Hanks Drive from 60 feet to
50 feet. A 60 -foot right-of-way is required for local streets without
curb and gutter to enable the retrofit of sewer, water and sidewalk in the
future as necessary. A 10 -foot utility easement was designated on each
side of the 50 -foot right-of-way of Hanks Drive and would enable the
retrofit of these improvements in the future. Since obtaining the
required right-of-way width was complicated by multiple property owner-
ships in the subdivision, the City agreed with the right-of-way reduction
provided the applicant submitted an easement agreement allowing for the
future installation of sewer, water and sidewalk within the 10 -foot
utility easements in the future as may be necessary. The applicant's
attorney is currently preparing an agreement regarding the utility
easements.
City Rural Design Standards require local streets be constructed of six
(6) inch rolled stone base with a chipseal surface 22 feet wide. The
preliminary plat indicated that Hanks Drive is to be constructed to this
standard except with 24 -foot wide pavement. As the Commission will
recall, Hanks Drive roughly follows the alignment of an existing 15 -foot
access easement, with a crushed rock surface. The property owners may
express a desire to retain the present drive for interior lot access
instead of constructing a street to the minimum standards. As a develop-
ment located 0.5 miles east of the corporate limits, and given the annexa-
tion potential of this area, the City has the right to require full City
Urban Design Standards. However, by mutual agreement of both the City and
County, the standards of the Fringe Area Policy Agreement are considered
the minimum necessary to ensure safe and convenient access for existing
and future residents.
The alignment and location of Hanks Drive remains substantially the same
as shown on the preliminary plat. A minor change concerns the slight bend
in the right-of-way between Lots 2, 5 and 6 which has been straightened
out. The preliminary plat indicated that the intersection design of Hanks
Drive and Local Road is to be coordinated with the Johnson County
Secondary Roads Department. The alignment of Local Road has been estab-
lished and the intersection of Hanks Drive with Local Road approved. In
addition, the legal papers should provide for the future dedication of
Local Road right-of-way adjacent to the subdivision upon annexation.
No new water wells are to be drilled to provide water service to undevel-
oped Lots 5 and 7. The existing wells on Lots 1, 3 and 6 will provide
water service to existing and proposed lots. Individual septic systems
are currently used to provide for sewage disposal and are proposed for the
two undeveloped lots. Authorization of the Johnson County Health Depart-
ment approving the septic system locations and water line extensions needs
to be provided. Such authorization is needed to determine the feasibility
of the proposed subdivision design as well as to protect existing and
future lot owners.
With the exception of a few minor deficiencies, the proposed final plat is
in substantial compliance with the Subdivision Regulations and the design
of the approved preliminary plat. Legal papers for the subdivision, with
the exception of the easement agreement, have been submitted and are
currently under review by staff. Stormwater management plans and calcula-
tions were previously submitted and approved by the Public Works Depart-
ment.
.09
4
STAFF RECOMMENDATION:
Staff recommends that the final plat of Petersen Second Subdivision be
deferred but, upon resolution of the deficiencies and discrepancies listed
below, the plat be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Approval of legal papers as to form, including the submission and
approval of an easement agreement, and also providing for the future
dedication of Local Road right-of-way upon annexation.
2• Authorization of the Johnson County Health Department approving the
proposed septic system locations and water line extensions for Lots 5
and 7.
I
3. Identify the "Point of Beginning" of the stormwater management
facility easement.
i 4. Eliminate the dashed line across the southern boundary of Lot 6.
j 5• Revise title of plat to reference Otto's "First" Subdivision.
ATTACHMENTS:
1. Location Map.
2. Final Plat - Petersen Second Subdivision.
I
Approved by:
;onal)d c meiser, Director
Department of Planning and
Program Development
5k9
LOCATION MAP
Peterson Second Subdivision
S-8824
RESOLUTION NO. 89-74
RESOLUTION AUTHORIZING AND APPROVING AN AMENDED 1989 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET.
WHEREAS, the City of Iowa City is the recipient of Community Development Block
Grant (CDBG) funds granted by the U.S. Department of Housing and Urban
Development (HUD) under Title I of the Housing and Community Development Act of
1974, as amended; and
WHEREAS, on November 29, 1988, the City of Iowa City adopted Resolution No. 88-
240, authorizing filing of the 1989 CDBG Program Statement; and
WHEREAS, because of an increase of $7,000 in the Iowa City 1989 CDBG entitlement
allocation; and
WHEREAS, certain changes in specific CDBG projects are necessary, as outlined
in the revised Budget Summary for the 1989 CDBG Program Year, attached herewith
as Exhibit A; and
WHEREAS, on March 21, 1989, the Committee on Community Needs recommended
approval of said revised budget.
NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the amended 1989 Community Development Block Grant Program Budget, as more
particularly described in Exhibit A, is hereby authorized and approved.
It was moved by Ambrisco and seconded by Balmer the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Balmer
X
Courtney
j X
Horowitz
X
Kubby
j X
Larson
X
McDonald
Passed and approved this , 18th day of
ATTEST: �lV�„^y ,('• _
CI CLERK
1989.
OR
Approved as to Form �
L gal Deportment
r,-1�
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET SUMMARY - 1989 PROGRAM YEAR
Approved Revised
EXPENDITURES
11/29/88
3/9/89
I.
Acquisition by Sub recipient
12,000
W/MBE Assistance
2,500
Cedarwood Neighborhood Center/Head Start
$ 50,000
$ 50,000
II.
Dispositon
Disposition of Parcels in the Redevelopment Area
3,000
3,000
III.
Public Services
90,000
1988 CDBG Carryover and Income
50,000
Aid to Agencies
1988 CDBG Housing Rehab Carryover
36,920
30,359
Elderly Services Agency
30,500
Mayor's Youth Employment Program
United Action for Youth
23,630
IV.
Rehabilitation
Housing Rehabilitation
300,000
330,359
Small Repair Program for Low Income Elderly
and Handicapped Persons (Elderly Services Agency)
6,000
6,000
Youth Services Facility Exterior Renovation (MYEP)
7,675
7,675
Hillcrest Family Services Renovation (Loan)
25,000
25,000
V.
Removal of Barriers to the Handicapped
Curb Ramp Installation and Sidewalk Repair
7,000
7,000
Hoover Elementary School Ramp and Playground Facilities
5,000
5,000
Potters'.Studio Accessibility - Recreation Center
6,805
6,805
VI. General Administration
105,000
105,000
Program Administration
Planning and Program Development
12,000
12,000
W/MBE Assistance
2,500
2,500
Contingency
30,020
33,194
TOTAL
$650,000
$684,583
SOURCES OF FUNDS
1989 CDBG Entitlement
$ 600,000
$607,000
1988 CDBG Carryover and Income
50,000
47,224
1988 CDBG Housing Rehab Carryover
30,359
TOTAL $650,000 $684,583
City of Iowa City
MEMORANDUM
Date: April 10, 1989
To: City Council and City Manager
FroAarlanne Milkman, CDBG Program Coordinator
Re: Revised 1989 Community Development Block Grant (CDBG) Budget
Now that the final accounting for 1988 is done, and we have received our 1989 grant, the 1989
CDBG budget has been revised accordingly.
Sources of Funds
Changes in sources of funds are as follows:
1. An Increase of $7,000 in the entitlement allocation from HUD.
2. A $30,359 carryover of unobligated Housing Rehab funds from 1988.
3. A slightly lower Income and carryover ($47,224 instead of $50,000) than expected.
Expenditures
Revisions here are as follows:
1. Aid to Agencies will be a total of $91,050 Instead of $91,000. The new amount is 15%
of $607,000. This is the total amount of CDBG allocation which may be spent on public
services.
2. The Housing Rehab budget is Increased by the $30,359 of carryover funds from 1988.
3. Contingency funds are Increased by $3,174 due to the larger allocation form HUD.
CCN reviewed the revised budget at Its March 21, 1989 meeting, and recommended approval.
tp5-4
;
RESOLUTION NO. 89-75
RESOLUTION APPROVING AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST, AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY
AND BETWEEN THE CITY OF IOWA CITY, AND MIKE FURMAN BUILDERS, FOR PLACEMENT OF A
CONSTRUCTION TRAILER AND MATERIAL AND EQUIPMENT STORAGE DURING CONSTRUCTION AT
630 SOUTH CAPITOL STREET.
WHEREAS, the City approved the large scale residential development plan for
Capitol View Apartments ("Capitol View") located at 630 South Capitol in Iowa
City, Iowa, which provides for construction of a building on the property line
fronting on South Capitol Street; and
WHEREAS, Furman is the builder for Capitol View, and wishes to secure the
construction site against pedestrian and vehicular traffic, while obtaining
off-site storage for construction equipment and vehicles so as not to interfere
with traffic safety; and
WHEREAS, Parties acknowledge the need to provide off-site storage for
construction equipment in order to construct Capitol View on the property line
fronting a public street; and
WHEREAS, the Parties acknowledge the City's need to assure a safe construction
site at a properly safe distance from traffic so as not to impede traffic or
endanger lives or property.
WHEREAS, an Agreement for use of public right-of-way containing such conditions
has been prepared and is attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement for Use of Public Right-of-way attached hereto is approved as
to form and content;
2. The Mayor is hereby authorized to execute and the City Clerk to attest the
Agreement for Use of Public right-of-way for and on behalf of the City of
Iowa City.
It was moved by Horowitz and seconded by Amhrisco
the resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 18th day of April, 1989.
AYOR
ATTEST: 2?9,.J APPROVED AS TO FOR
C[T 'CLERK Legal Department
AGREEMENT
This Agreement is made between Michael L. Furman, dba Furman & Company, Builders
("Furman") and the City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, the City approved the large scale residential development plan for
Capitol View Apartments ("Capitol View") located at 630 South Capitol in Iowa
City, Iowa, which provides for construction of a building on the property line
fronting on South Capitol Street; and
WHEREAS, Furman is the Builder for Capitol View, and wishes to secure the
construction site against pedestrian and vehicular traffic, while obtaining off-
site storage for construction equipment and vehicles so as not to interfere with
traffic safety; and
WHEREAS, Parties acknowledge the need to provide off-site storage of construction
equipment in order to construct Capitol View on the property line fronting a
public street; and
WHEREAS, the Parties acknowledge the City's need to assure a safe construction j
site at a properly safe distance from traffic so as not to impede traffic or
endanger lives or property. j
NOW, in mutual consideration of the promises herein, Parties agree as follows:
1. In consideration for temporary use of City right-of-way fronting property
located at 630 South Capitol during construction of Capitol View
Apartments, Furman agrees to provide temporary fencing along this frontage j
in the form of easily -removable panels. Furman further agrees to secure
the construction site against pedestrian and public traffic by fencing off
the entire street frontage along 630 South Capitol, as shown on the final
LSRO Plan; and agrees that this fencing will also extend to the depths of L
the City's right-of-way from the curb to the property line, or
approximately 30 feet.
2. Furman agrees to provide and keep in place and in good working condition
the following signage:
a. Rerouting pedestrians at the intersection of Lafayette and South
Capitol to the south; and the intersection of Prentiss and South j
Capitol to the north.
b. "Construction Ahead" signs to the south of the construction site.
C. Type II flashing barricades south of Furman's construction trailer
discussed below.
3. In consideration for Furman securing Capitol View's construction site from
traffic by fencing and signage, City agrees to eliminate all street parking
along 630 South Capitol Street for a temporary period until construction
is complete; and further agrees to grant Furman permission for temporary
storage of a construction trailer approximately 80' x 30', to be placed
in the street fronting 630 South Capitol within an area approximately 9'
x 301, not to extend beyond a point nine feet from the curb.
4. City further agrees that Furman shall be permitted to use the 30 -foot
right-of-way extending from the curb to the property line along 630 South
Capitol Street for the temporary storage of cranes, forklifts, concrete
pumps and other construction vehicles and/or heavy construction equipment,
as Furman may from time to time need during the period of construction.
5. Furman agrees to restore this 30 -foot right-of-way from curb to the
property line along South Capitol Street to its pre -construction condition
and to the City's satisfaction after construction is completed.
6. Parties agree this Agreement shall be in effect from the date of execution,
until construction is completed or September 30, 1989, whichever is later;
that this Agreement may be extended or modified only upon the written
consent of both Parties; and that this Agreement is the entire agreement,
and is not assignable.
7. In the event of breach of this Agreement, City may, in its discretion,
elect to give notice to Furman to remove all construction equipment and/or
obstructions from the City right-of-way along 630 South Capitol, including
the construction trailer, as provided in Section 364.12, Iowa Code (1987);
and in the event Furman does not comply within the time period designated
in the Notice to remove, City may elect to remove, or direct removal, of
the equipment and/or any other obstructions from the right-of-way, and to
assess the cost of such removal against the property as provided in Section
364.12(e), Iowa Code.
8. Furman agrees to indemnify, defend and hold the City harmless against any
and all claims arising out of this Agreement, including any claims and/or
liability which the City may incur as a result of its decision to permit
temporary storage of Furman's trailer and/or other construction equipment
in and along the City's right-of-way located at 630 South Capitol.
9. During the period of this Agreement, Furman shall, at its own expense,
procure and maintain all-risk liability insurance. Liability coverage
shall include contractual insurance as well as comprehensive form
insurance, and shall provide coverages of not less than $250,000 bodily
injury per person, $500,000 bodily injury per occurrence, and $100,000
property damage. Proof of insurance shall be shown to the City by
furnishing a copy of the certificate of insurance issued by an insurance
company licensed to do business in the state of Iowa. The certificate of
insurance shall include a statement guaranteeing that the insurance company
shall notify the City within 30 days of the lapse of said policy.
10. Notices hereunder shall be given by ordinary mail, and shall be directed
to the following parties:
City of Iowa City, Iowa Furman & Company, Builders
410 E. Washington St. 615 Highway 1 West
Iowa City, Iowa 52240 Iowa City, Iowa 52246
Attn: Frank Farmer, City Engineer Attn: Michael L. Furman
4 /8
3
Dated and signed this 18th day of April , 1989.
CITY OF IOWA CITY, IOWA FURMAN & COMPANY, BUILDERS
By: By: O
yor Michael—L. Furman
Attest: / InAin ) ,(!, > Attest:
City Clerk
I
ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 18th day of April 19 89 before me,
Gina O'Donnell , a Notary Public in and for 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
i instrument was signed and sealed on behalf of the corporation, by authority of
its City Council, as contained in (VO4X)%)W (Resolution) No. 89-75
passed (the Resolution adopted) by the City Council, under Roll Call No.
of the City Council on the18th day of April ,
19 89 and that John McDonald 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.
tme l ry a s
No ary Public in and for the State of Iowa
I
4
STATE OF IOWA )
) SS
JOHNSON COUNTY )
On this �Dday of , 1922, before
me, the undersigned, a Notary Public' in jand for said County, in said
State, personally appeared to me known
to be the identical persons named in and who executed the within and
foregoing instrument, and acknowledged that (he) (she) (they) executed
the same as a voluntary act and deed.
Ntary Public i a Arsaid County
AP TO FORM i �y
LEGAL DEPARTMENT
-�Z- 4� - e7
G /p
March 14, 1989
Frank Farmer
Engineering Department
City of Iowa City
103 E. College
Iowa City, IA 52240
Dear Frank:
I request the use of a portion or I,11P strpel: pau"kluy 1111South Capitol Street for a temporary runsLrut:Llun UrflCp LI -Aller:
This would involve thirty (30) feat or street pnrkloyori Llip ddsl:
side of Capital in front of 630 South Capitol. 1 nlau rPllUPa6
that we be able to close the sidewalk on uur side Uf L'aplLul fBP
our 120 foot frontage and reroute pedpsLrlans to the Utller eltlp
of the street. We would need this from llnrch 81 to 41.
1989. ptpfribpr If
As you know, we are building A 56 unit 0 IPVel nligI f.Iflpfit
building on this site. This building la rero lot llllP dll All bUf.
the north side and the north side has a con,rnun tirl•/Pway wtilta,
cannot be obstructed. There is only 30 feet bptwfpn docurb U
At,
the building. This 30 feet is needed to use tbP large q(/� r`ti
tlt
project.
forklift, concrete pump, and 30 Ton crane ner-1;%4ry to bfilltl tH1
This building is 5G feet tall At the front and Ar,/ mAtar'raf
dropoec from. it ,,ould be very dargprous E,/p(, the gtiyjrtea
outward push •.wuLd send an errant object alm!at to tifp t,2Nbr if
'Ae are rct aLLe„ed to ralccata the padpstriar, trAfficr a
pedestrian canopy ,..i12 is required, def PAtln(y, ttrS ACtpA#
re,Muiremer,t far cu- machinery,
Ey keeping this saace free, „m nap. rr, mlr,imild� r'e'n m9r,/
times Capitol Street is olac�rad, rnara Aili Ge aboGt iSG0 t01mp'r,6
truck loads, I3 semi Loads of lumbar, t6 lary<> tandem Foads tff
drywall,
and a ,nisCEllareaU3 LC ar 54 "Mi loads c,f otC.Obe
�ndt?r'iats. We wiLl to miry _„ wbrk Lt t Ar, AGr ammp'r,t Ai tri tnP
LI+ZvnrSl :`/ .hat rV�Ld 1 urlGad v. 'S lT ALr SE3 th,A :°,
h F
' •” - � .-_ !_-a.gr,`. t. .,c/a ,,.:. .,_ at,iA to nP
ur _Cadet in the 26 feet curt,.., au ildinq :riae a,
e war,ars an th:s ardjact w1.LL Ga rprr„.rPf, t'.j G6ntr a[t td'
Mark in cur Markings strut tura A4 Sa4ri dL� h4 ,. ♦:!g"l }; r:rj .�(,rf
Mri+=ways_ =lata tr,er= .+i! 1 C9 upw:a.r da b'•5; re•'.er.s per tr4j tri
LhE JCC- trLs '.v.._ de a3.3er,t131. '.an Art;r ipa to '11.15 nii'1 GCCur
myyav is._.. �Cwev cry 'wG .+Y1.1 r,3Af t. CA 4hln r'rL ?.r.•rs �,.,.;, �... l.As� '
as .+ay awtwpgrl `i';w„rt and tr,n/
qui. IA
zr-aer =C _.:S=.i L' =AE Orr elrl
.lea= i i3=B. =s.• ';rA Sr. r.y,n Aro 'q"A; :Pd,
r :PC :v .
and -n.e - _ .,'.i. ;n arra•,-ra / ;'A f67•-,ee
ilffHwyT'Ne--a idwae:ty' A'FMlfl S1rb'isi�
OF
PRECEDING
DOCUMENT
`J,�On 6 COMr
801%.
builders
March 14, 1989
Frank Farmer
Engineering Department
City of Iowa City
103 E. College
Iowa City, IA 52240
Dear Frank:
I request the use of a portion of the street parking on
South Capitol Street for a temporary construction office trailer.
This would involve thirty (30) feet of street parking on the east
side of Capital in front of 630 South Capitol. I also request
that we be able to close the sidewalk on our side of Capitol for
our 120 foot frontage and reroute pedestrians to the other side
of the street. We would need this from March 21 to September 1,
1989.
As you know, we are building a 56 unit 5 level apartment
building on this site. This building is zero lot line on all but
the north side and the north side has a common driveway which
cannot be obstructed. There is only 30 feet between the curb and
the building. This 30 feet is needed to use the large 40' reach
forklift, concrete pump, and 30 Ton crane necessary to build this
project.
This building is 50 feet tall at the front and any material
dropped from it would be very dangerous. Even the slightest
outward push would send an errant object almost to the curb. If
we are not allowed to relocate the pedestrian traffic, a
pedestrian canopy will be required, defeating the access
requirement for our machinery.
By keeping this space free, we hope to minimize how many
times Capitol Street is blocked. There will be about 200 cement
truck loads, 15 semi loads of lumber, 16 large tandem loads of
drywall, and a miscellaneous 12 or 14 semi loads of other
materials. We will be trying to work out an agreement with the
University that would let us unload the semis across the street
instead of in the street. The straight trucks will be able to be
unloaded in the 30 foot curb to building space.
The workers on this project will be required by contract to
park in our parking structure as soon as it has a ceiling and
driveways. Since there will be upwards of 50 persons per day on
the job, this will be essential. We anticipate this will occur
by May 1st. However, we will need to be able to move about freely
in the public right of way between the curb and the building in
order to install the underground utilities and driveways
necessary to meet this date. After the driveways are installed,
very little of the 30 foot depth by 120 foot project width will
be left and the forklift will be angling by the job office to get
to the building.
615 Hwy 1 West Iowa City, IA 52246 319.338.9089
6 iP
March 14, 1989
Frank Farmer
Page Two
If you are able to grant this request, we would fence the
area from the north side of the RR bridge abuttment to common
driveway with easily removable panels to make section by section
opening quick and easy. The job trailer would be placed in the
middle between the two approaches. Flashing barricades would warn
oncoming northbound traffic of the parked trailer. Construction
ahead signs would be placed south of the jobsite to help remind
drivers of the hazard ahead. A "Pedestrians -Use Other Side of
Street" sign would be placed both north and south of the proposed
temporary detour. A plan is enclosed.
Please let me know what you think.
Sincerely,
1
Michael L. Furman
Furman 8 Company, Builders
CC: Terry Timmons, City Attorney
6147
RESOLUTION NO. 8989=7G
RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF
THE BENTON STREET BRIDGE WIDENING PROJECT M-4044(1)--81-52.
WHEREAS, Iowa Bridge and Culvert,Inc. & Subsid. of Washington, Iowa has
submitted the best bid of $2,134,173.16 for the construction of the above-named
project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the contract for the construction of the above-named project is
hereby awarded to Iowa Bridge and Culvert,Inc. & Subsid. of Washington,
Iowa subject to the condition that awardee secure adequate performance
bond, and insurance certificates, and subject to Federal Highway
Administration concurrence.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project,
subject to the condition that awardee secure adequate performance bond
and insurance certificates, and subject to Federal Highway
Administration concurrence.
It was moved by Ambrisco and seconded by Balmer
r
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
f
X Balmer
X Courtney
X Horowitz
j X Kubby
I
X Larson
X McDonald
I
Passed and approved this 18th day of April, 1989.9N//
MAYOR
ATTEST: 22 nin J �• K,.J APP VED TO FORM
CIT CLERK �� .
iia/89
Legal Department
G/9
City of Iowa city
M E M O R A N D U M
TO: Steve Atkins
FROM: Denny Gannon
DATE: April 12, 1989
�J
RE: Benton Street
Bridge Widening Project M-4044(1)--81-52
The above -referenced
project was let April 4, 1989 in Ames. The
low bid of $2,134,173.16
was submitted by Iowa Bridge and
Culvert, Inc. & Sub. of
Washington, Iowa.
The maximum amount
of federal funding for construction is
computed as follows:
$ 494,682.00
FAUS balance as of 2/1/89
218,230.00
Remainder of Federal -aid Bridge
Replacement Program funding to be
utilized for this project only, in
accordance with agreement no. 85-F-092.
437,620.00
87%, or Iowa City's and University
t
Heights' share, of JCCOG's two (2) year
borrow ahead of FAUS funding.
$1,150,532.00
TOTAL FAUS funding, which is 54% of the
low bid of $2,134,173.16.
431,770.00
Federal -aid Bridge Replacement Program
funding already received as per
agreement no. 85 -F -092(A).
$1,582,302.00
TOTAL federal funding, which is 74% of
the low bid.
Therefore, City funding
for construction will amount to, as a
minimum, $551,871.00,
which is 26% of the low bid. All change or
extra work orders will
be funded by City monies.
cc: Jeff Davidson
3
Frank Farmer
Chuck Schmadeke
Rosemary Vitosh
Bill Nelson
Dick Kautz
RESOLUTION NO. 89-77
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE
AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR
PERMISSION TO USE STATE HIGHWAY RIGHT-OF-WAY FOR UTILITIES
ACCOMMODATION, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL SUCH
APPLICATIONS ON THE CITY'S BEHALF IN THE FUTURE, AND TO APPROVE SUCH
APPLICATIONS BY THIRD PARTIES.
WHEREAS, the permission of the Iowa Department of Transportation must be
obtained before the City of Iowa City, or any other person or public or private
entity, is allowed to use state highway right-of-way for utilities
accommodation; and
WHEREAS, when such applications are made to use a state highway right-of-way
located within a city by a private person or entity, or by a public entity other
than that city, the IDOT further requires the city to also approve such
applications; and
WHEREAS, the City Council's approval and authorization must be obtained before
such applications can be executed on the City's behalf, or before the City's
approval of such applications by others; and
WHEREAS, the City Council has been advised and does believe that it would be in
the City's best interest to authorize the City Engineer to make and execute all
such applications on the City's behalf in the future, and to approve all such
future applications by others, without Council review and authorization.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the City Engineer is hereby authorized and directed to
make and execute all future applications for use of highway right-of-way for
utilities accommodation.
It was moved by Ambrisco and seconded by Balmer the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 18th day of April , 1989.
ATTEST: 7 �• Kaw J
CIl'Y CLERK
4070
I
RESOLUTION NO. 89-78
RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN TEMPORARY
CONSTRUCTION EASEMENTS, PERMANENT SEWER EASEMENTS, AND ACCESS
EASEMENTS FOR THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT,
PHASES 1 AND 2 SEWER CONSTRUCTION PROJECT, ALL IN CONJUNCTION WITH
IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to make major
improvements to its wastewater collection and treatment system, including the
construction of a new South Wastewater Treatment Plant and a new interceptor
sewer line to transport wastewater to said plant, which sewer construction
project is known as the Southeast Interceptor/Ralston Creek Segment Sewer
Project; and
WHEREAS, this City Council has been advised and has determined that the
acquisition of certain easements are necessary for the construction of said
public improvements and are for a necessary public purpose; and
WHEREAS, the City has obtained an appraisal and review appraisal for 18 of the
25 parcels affected by the Southeast Interceptor/Ralston Creek Segment, Phase
1 project, and for 4 of the 20 parcels affected by the Phase 2 project, as shown
in Exhibit A hereto; and
WHEREAS, City staff should be authorized to acquire said easements at the best
overall price and cost to the City as reflected in said appraisals and as shown
in Exhibit A hereto.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and
directed to negotiate the purchase of said easements for the Southeast
Interceptor/Ralston Creek Segment, Phases 1 and 2 Sewer Project, designated as
Parcels SIRC1.01 through SIRC1.25, and as Parcels SIRC2.01 through SIRC2.20, at
the appraised values indicated on Exhibit A hereto, or at such higher value as
this Council may hereafter approve.
AND BE IT FURTHER RESOLVED that in the event such easements cannot be acquired
by negotiation at the appraised values indicated on the accompanying exhibit,
the City Attorney be and he is hereby authorized and directed to initiate
condemnation proceedings for the acquisition of such easements.
It was moved by _Amhrisco and seconded by Balmer the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Balmer
X
Courtney
X
Horowitz
X
Kubby
_X
Larson
X
McDonald
Resolution No. 89-78
Page 2
Passed and approved this 18th day of April 1989.
ATTEST: %!o u J E
CIT CLAERK lla u>
Exhibit A,
PARCEL NO.
Page 2
NAME
ACQUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK
SEGMENT, PHASE 2 SEWER CONSTRUCTION PROJECT
INTERESTS TO
BE ACQUIRED
APPRAISED VALUE
OF INTERESTS TO
BE ACQUIRED
SIRC2.01
Matthes
Permanent
Sewer and Temporary Construction
Easements
$500
SIRC2.02
City -owned
(No compensation
required)
SIRC2.03
Miller/Woodburn
SIRC2.04
No man's land
(No compensation proposed)
SIRC2.05
Miller/Salladay
Temporary
Construction Easement
100
SIRC2.06
Brenneman/Donat/
Temporary
Construction Easement
100
Steve
SIRC2.07
Letz
Temporary
Construction Easement
100
SIRC2.08
Lottenbach, aka
Permanent
Sewer and Temporary Construction
Easements
Rey
SIRC2.09
Our Redeemer
Permanent
Sewer and Temporary Construction
Easements
Lutheran Church
SIRC2.10
Rieks
Permanent
Sewer and Temporary Construction
Easements
SIRC2.11
Crow
Permanent
Sewer and Temporary Construction
Easements
SIRC2.12
Daly
Permanent
Sewer and Temporary Construction
Easements
SIRC2.13
Stier
Permanent
Sewer and Temporary Construction
Easements
SIRC2.14
Kirchner
Permanent
Sewer and Temporary Construction
Easements
i SIRC2.15
Lensing
Permanent
Sewer and Temporary Construction
Easements
SIRC2.16
Butchvarov
Permanent
Sewer and Temporary Construction
Easements
SIRC2.17
Coffman
Permanent
Sewer and Temporary Construction
Easements
SIRC2.18
Irwin
Permanent
Sewer and Temporary Construction
Easements
SIRC2.19
Boyle
Permanent
Sewer and Temporary Construction
Easements
SIRC2.20
Beltz
Temporary
Construction Easement
*Appraisals not completed.
i
Exhibit A,
PARCEL NO.
Page 1
NAME
ACQUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK
SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT
INTERESTS TO
BE ACQUIRED
APPRAISED VALUE
OF INTERESTS TO
BE ACQUIRED
SIRC1.O1
Nash
Permanent
Sewer and Temporary Construction
Easements
$ 1,130
SIRC1.O2
Haley/Reisetter
Temporary
Construction Easement
100
SIRC1.O3
Ebinger/Emrick
Temporary
Construction Easement
100
SIRC1.O4
Starr
Temporary
Construction Easement
100
SIRC1.O5
Bothell
Temporary
Construction Easement
100
SIRC1.O6
Funk
Permanent
Sewer and Temporary Construction
Easements
600
SIRC1.O7
Lee
Permanent
Sewer and Temporary Construction
Easements
3,220
SIRC1.O8
Larson
Permanent
Sewer and Temporary Construction
Easements
740
SIRC1.O9
Pieper
Permanent
Sewer and Temporary Construction
Easements
670
SIRC1.1O
Gilbride/Tomash
Permanent
Sewer and Temporary Construction
Easements
580
SIRC1.11
Frazier/Camp/
Permanent
Sewer and Temporary Construction
Easements
Towncrest Mobile
Home Court
SIRC1.12
Memory Gardens
Permanent
Sewer and Temporary Construction
Easements
SIRC1.13
Jones
Permanent
Sewer, Temporary Access and Temporary Construction
Easements
SIRC1.14
Hoehnle/Allen
Permanent
Sewer and Temporary Construction
Easements
2,720
SIRC1.15
Buchwalter
Temporary
Construction Easement
450
SIRC1.16
Finken
Temporary
Construction Easement
850
SIRC1.17
Duncan
Temporary
Construction Easement
1,300
SIRC1.18
Mengis
Permanent
Sewer and Temporary Construction
Easements
11,590
SIRC1.19
Boorman
Permanent
Sewer and Temporary Construction
Easements
5,110
SIRC1.2O
Crow
Temporary
Construction Easement
3,915
SIRC1.21
Osburn
Temporary
Construction Easement
2,495
SIRC1.22
Bosserman
Permanent
Sewer Easement
SIRC1.23
Jennings
Permanent
Sewer and Temporary Construction
Easements
SIRC1.24
Penick
Temnorary
ConstrurHnn Facamanr
SIRC1.25 Gerleman Permanent Sewer and Temporary Construction Easements
I *Appraisals not completed.
t
RESOLUTION NO. 89-79
A RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF VACATED
HOLLYWOOD BOULEVARD RIGHT-OF-WAY THROUGH A LAND EXCHANGE
WITH SOUTHGATE DEVELOPMENT WITH THE ACQUIRED PROPERTY TO BE
USED IN CONJUNCTION WITH A NEIGHBORHOOD CENTER, AND SETTING
PUBLIC HEARING THEREON.
WHEREAS, Ordinance No. 86-3291 was passed and approved on July 15, 1986, by the City
Council of the City of Iowa City, vacating a portion of Hollywood Boulevard right-of-way, east
of Broadway Street, described as follows:
Beginning at the NE Corner of said Block 2 which point Iles S89'52'40"E, 661.9
feet and S00"26'20W, 377.2 feet from the NW Corner of Section 23, T79N, R6W,
of the 5th P.M.;
Thence S00>26,20"W, 149.16 feet along the East Line of said Block 2;
Thence Northwesterly, 128.02 feet along a 330.00 foot radius curve concave
Northeasterly, which chord bears N50.04'42W, 127.21 feet;
Thence N38°57'54"W, 123.89 feet;
Thence Northwesterly, 136.51 feet along a 270.00 foot radius curve concave
Southwesterly which chord bears N53.26'57"W, 135.06 feet to the Northerly Line
of said Block 2;
Thence S67"56'O IE, 108.38 feet along said Northerly Line of Block 2;
Thence Southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave
Northeasterly to the Point of Beginning; and
WHEREAS, Southgate Development owns a parcel of property at 2105 Broadway Street,
described as follows:
Beginning at the southeast corner of said Block 1, Braverman Center; thence
NO"26'20"E - 90.00 feet along the east line of said Block 1; thence N89.33'40"W
- 220.00 feet along a line parallel to the south line of said Block 1; thence
SO.26'20"W - 90.00 feet to a point on the south line of said Block 1; thence
S89.33'40"E - 220.00 feet along said south line to the Point of Beginning.
WHEREAS, the two above-described parcels are of approximately equal size and value; and
WHEREAS, the City Council of the City of Iowa City desires to acquire the above-described
property, owned by Southgate Development, to be used in conjunction with a Neighborhood
Center; and
Resolution No. 89-79
Page 2
WHEREAS, the City and Southgate Development are negotiating the terms of a proposed
agreement whereby said properties would be exchanged, with the exchange of said properties
constituting the consideration for the conveyance; and
WHEREAS, the City Council of the City of Iowa City has been advised and does believe that
it would be in the best Interests of the City of Iowa City to consider said proposal for the
disposition of the above-described City property; and
WHEREAS, the terms of the agreement between the City and Southgate Development will be
finalized and available for review at the time of the public hearing to consider the disposition
of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the City Council does hereby declare its Intention to dispose of the above-described
property of the City in exchange for like property as proposed above,
AND, BE IT FURTHER RESOLVED:
That the City Clerk be and is hereby authorized, empowered and directed to cause Notice of
Public Hearing to be published as provided by law relative to the proposal herein above set
forth.
Adopted and approved the 18 day of April, 1989.
It was moved by Balmer and seconded by Larson the Resolution be
adopted, and upon roil call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Balmer
X
Courtney
X
Horowitz
X
Kubby
X
Larson
McDonald
G.3z
i
Resolution No. 89-79
Page 3
Passed and approved this 18th day of April 1989.
v
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Approved as to Form
ATTEST:Z%j4,� A` / plis 4/„19!
CITY CLERK Legal Department
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RESOLUTION NO.
A RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF VACATED
HOLLYWOOD -BOULEVARD RIGHT-OF-WAY THROUGH A LAND EXCHANGE
WITH MACE BRAVERMAN WITH THE ACQUIRED PROPERTY TO BE USED IN
CONJUNCTION WITH A NEIGHBORHOOD CENTER, AND SETTING PUBLIC
HEARING THEREON.
WHEREAS, Ordinance No. 86-3291 was passed and approved on July 15, 1986, by the City
Council of the City of Iowa City, vacating a portion of Hollywood Boulevard right-of-way, east
of Broadway Street, described as follows: I
Beginning at the NE Come(((((( of said Block 2 which point Ilei S89°52'40"E, 661.9
feet and S00"26'20W, 377.2 feet from the NW Corner of S�Ction 23,779N, R6W,
of the 5th P.M.; \\ /
Thence $00.26,20"W, 149.16 fiIet along the East Line/6f said Block 2;
Thence Northwesterly, 128.02i t along a 330. toot radius curve concave
Northeasterly, which chord bears 50.04'42"W. 7.21 feet;
Thence N38°57'54'W, 123.89 feet;
Thence Northwesterly, 136.51 feet at ng 270.00 foot radius curve concave
Southwesterly which chord bears N53• 57"W,135.06 feet to the Northerly Une
of said Block 2;
Thence S67"56'00"E, 108.38 feet prong sah( Northerly Line of Block 2;
Thence Southeasterly, 196.95�(eet along a 3,6,5.00 foot radius curve concave
Northeasterly to the Point oj,Beginning; and
WHEREAS, Mace Braverman o}vns a parcel of property at 2105 Broadway Street, described
as follows:
Beginning at the southeast corner of said Block 1, Braverman Center; thence
NO.26'20"E - 90 00 feet along the east line of said Block 1; thence N69.33'40"W
- 220,00 at along a line parallel to the south line of said Block 1; thence
SO.26'20'W - 90.00 feet to a point on the south line of said Block 1; thence
S89"33'40"E - 220.00 feet along said south line to the Point of Beginning.
WHEREAS, the two above-described parcels are of approximately equal size and value; and
WHEREAS, the City Council of the City of Iowa City desires to acquire the above-described
property, owned by Mr. Braverman, to be used in conjunction with a Neighborhood Center;
and
19a?A
Resolution No.
Page 2
WHEREAS, the City and -Mr. Braverman are negotiating the terms of a proposed agreement
whereby said propertiwould be exchanged, with the exchange of said properties constituting
the consideration forth ,conveyance; and
WHEREAS, the City Counal of the City of Iowa City has been advised and does believe that
it would be in the best Inte)@sts of the City of Iowa City to nsider said proposal for the
disposition of the above-descned City property; and
WHEREAS, the terms of the agrr ement between the City and r. Braverman will be finalized
and available for review at the ti a of the public hearing to onsider the disposition of said
property.
NOW, THEREFORE, BE IT RESOLV
IOWA:
That the City Council does hereby
property of the City in exchange for
AND, BE IT FURTHER RESOLVED:
That the City Clerk be and is hereby
Public Hearing to be published as p
forth.
BY THE CITY CQ6NCIL OF THE CITY OF IOWA CITY,
its intention to dispose of the above-described
rerty/as proposed above,
:ed, empowered and directed to cause Notice of
by law relative to the proposal herein above set
Adopted and approved the — day of April,
It was moved by and se
adopted, and upon roll call there were:
AYES: NAYS:
by
ABSENT: \
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
the Resolution be
6r7A
RESOLUTION NO. 89-80
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER
TO PURCHASE PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS
OVER PARCEL NO. SFM.01, ALL IN CONNECTION WITH THE
SLUDGE FORCE MAIN PROJECT.
WHEREAS, pursuant to Resolution No. 89-52, adopted March 7, 1989, this City Council did
authorize the acquisition of certain easements and property interests in conjunction with the
Sludge Force Main Project; and
WHEREAS, the City's appraiser concurs that the owners of Parcel No. SFM.01, the Langenberg
family, should be compensated in the additional amount of $250, as consequential damages
for the visual Impact associated with the location of an air release valve for the sludge force
main on said property, bringing the total compensation for said easements to $2,900.00.
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 Parcel No. SFM.01 as Indicated in the preamble hereof.
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.
It was moved by Ambrisco and seconded by Balmer the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
g Balmer
X Courtney
X Horowitz
g Kubby
A Larson
g McDonald
Passed and approved this 18th day of April , 1989.
vX, ,4V
YOR
d t Form
ATTEST: J•A r 3�8%
CITY -CLERK Legal Department
6R3
41P1P
RESOLUTION NO. 89-81
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED
OFFER TO PURCHASE FOR PARCEL NO. OS.03, ALL IN CONNECTION WITH
THE OUTFALL SEWER PERMANENT SEWER AND TEMPORARY
CONSTRUCTION EASEMENTS PROJECT.
WHEREAS, pursuant to Resolution No. 89-19 adopted January 31, 1989, this City Council did
authorize the acquisition of certain easements and property interests in conjunction with the
Ouffall Sewer Project; and
WHEREAS, the City's appraiser concurs that the owners of Parcel No. OS.03, Arthur L. and
Joyce Campbell, should be compensated in the additional amount of $6,644.00 for crop loss
and for loss of timber within the area of the permanent sewer and temporary construction
easements, bringing the total compensation for said easements to $9,444.00; and
NOW, THEREFORE, BE IT 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 Parcel No. OS.03 as Indicated in the preamble hereof.
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.
It was moved by Ambrisco and seconded by Balmer the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
Passed and approved this 18th
ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
day of April , 1989.
YOR
I / Apr ved a to Form
ATTEST: _4 ")
CITY LERK Legal Department
GI/