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HomeMy WebLinkAbout1989-05-02 ResolutionRESOLUTION NO. 89_82 RESOLUTION ACCEPTING DONATION OF OLD CITY HALL BELL FROM MR. HERBERT GARTZKE. WHEREAS, the bell from the original City Hall of Iowa City was removed at the time the City Hall was demolished In 1963; and WHEREAS, this bell has been preserved by Mr. Herbert Gartzke since 1966; and WHEREAS, Mr. Gartzke has now returned the bell to the present setting of the Iowa City Government on the occasion of Iowa City's Sesquicentennial Celebration; and WHEREAS, the City Council, on behalf of the citizens of Iowa City, wishes to express appreciation to Mr. Gartzke for this symbol of Iowa City's past. NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa, that this gift from Mr. Gartzke be accepted in memory of his wife, Margaret Rosetta Gartzke, and In keeping with the tradition which Mr. Gartzke has established during the past 22 years, the bell shall be rung on Independence Day, July 4th, and on New Year's Eve, December 31st, of each year. it was moved by Ambrisco and seconded by Horowitz 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 2nd day of May , 1£ ;*0 R Approv"coForm ATTEST: y—�� CITY'CLERK 'Legal Department RESOLUTION NO. 89-83 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY89 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 30, 1989, to permit any citizen to be heard for or against the proposed amendment to the FY89 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer R Courtney Horowitz X Kubby �_ Larson x McDonald Passed and approved this 2nd day of May 1989. ATTEST: A . �AAl CITY CLEP.K YOR Ap ed as orm sh /FP Lega Department RESOLUTION NO. RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY89 OPERATING BUDGET. t BE IT RESOLVED BYE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in theECivic Center at 7:30 p.m., May 16, 1989, to permit any citizen to be heard fr or against the proposed amendment to the FY89 Operating Budget. The City Clerk is hereb directed to give notice of public hearing and time and place thereof by public tion in the Iowa City Press -Citizen, a newspaper of general circulation in Ia City, not less than for (4) days and not more than twenty (20) days before to time set far such he ing. j It was moved by and s onded by the Resolution be adopted, and on roll call t re were: �i AYES: NAYS: ABSENT: j Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald i 1989. Passed and approved thi y of I MAYQQQR p roe as to orm i ATTEST: lnnal nnnartment RESOLUTION NO. 89-84 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY89 CAPITAL PROJECTS BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing be held in the Civic Center at 1:30 p.m., May 30, 1989, to permit any citizen to be heard for or against the proposed FY89 Capital Projects Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by81lmcr and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer - x Courtney _ Horowitz x x Kubby —_ Larson . x McDonald Passed and approved this 2nd day of May , 1989. ATTEST: CI Y CLERK A OR =aso l0 702. 5SON RESOLUTION NO. RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY89 CAPITAL PROJECTS BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing be held in the Civic Center at 7:30 p.m., May 16, 1989, to permit any citizen to be heard for or against the proposed FY89 Capital Projects Budget. The City Clerk iJereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation to Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. j It was moved by and seconded Py the Resolution be adopted, an upon roll call there we AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald t Passed and approved this day 1989. ATTEST: CITY CLERK] Leg& Department I RESOLUTION NO. 89-85 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 & 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°52116" W, 371.22 feet along the east line of the Northwest Quarter of the Southwest Quarter of said Section 16; thence 75017130" W, 386.13 feet; thence 02022129" W, 217.72 feet; thence 87058158" E, 83.33 feet; thence S 02°22129" W, 87.92 feet to a point on the Northerly right-of-way line of Iowa Highway No. 1; thence S 46055128" W, 165.55 feet along said right-of-way line; thence S 37001133" W, 495.40 feet along said right-of-way line; thence N 02049114" E, 1307.28 feet; thence S 88015'02" E, 130.78 feet; thence S 88°19130" 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. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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, after review and approval hereof by the Legal Department, and to certify the approval of this Resolution, which shall be affixed to the final plat after passage and approval by law. • al It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, ander 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 2nd day of May , 1989. '4 w YOR Ap ov das to Form ATTEST: w,�,,) CSI Y CLERK ega Department 1 IG WA CffY GFFl :13191 � 1-B1Oo KALONA DFRCE: PIS) 63&2918 LONETREEoFF :P1916296<Go H O E:13191678-2287 HONOHAN, EPLEY, HAYMONO & BRAODOCK ATTC) N S AT LAW JAY H HONOHAN LLOYD A EPLEY MO EAST COURT STREET GARY L RAYMOND P.O. eo% 3 o MAUFuf.E A BFADO IOWA CRY. IOWA 32244 PATPo G PETERS May 2, 1989 MICHAEL J. BRENNEMAN The Honorable Mayor & City Council City of Iowa City, Iowa 410 E. Washington Iowa City, IA 52240 Re: Knabe - Russell Plat Dear Mayor & City Council: I have discussed with Linda Gentry her letter of May 1, 1989. It would appear that we have some concerns about the agreement but I think Linda and I both feel that they can be resolved and as long as we have a clause preserving for all parties their rights to take further action, we will recommend to Mr. Russell that he sign the agreement when it is drafted. I assume the council will approve the fact that Mr. Russell need not put a sidewalk in until there is some development on the west side. I am unable to attend the council meeting on May 2, 1989 because I am trying a zoning case this week and will be meeting with witnesses on Tuesday evening. However, our concerns about this matter are on record so we need not take anymore of the council's time restating them. JHH/jv cc: Linda Gentry William L. Meardon HAND DELIVERED 05/02/89 Very truly yours, HONOHAN, EPLEY, HAYMOND & BRADDOCK BY: in H. Honohan M i City of Iowa City �- MEMORANDUM Date: April 28, 1989 To: City Council i Q- G; From: Linda Newman Gentry, First Assistant City Attorneys - ' Re: Extension of Weeber Street, A Subdivision of Iowa City, Johnson County, Iowa In response to the questions recently raised by Mr. Jay Honohan on behalf of his client Gordon Russell, including two letters dated April 18 and 25, 1989, 1 make the following findings and recommendations to you: Airport Glide Path In a letter dated April 21, 1989 to Mr. Honohan, I requested he provide me with all Information available to him that Indicated the construction of the proposed Extension of Weeber Street would have an adverse Impact on the airport glide path to the south. To date, Including a letter Just received from Mr. Honohan April 26, his only Information Is that the matter should be investigated. Thanks to our City Engineer, it has been Investigated. As you can see from Frank Farmer's memo dated April 25, 1989 and attached hereto, the elevation for Weeber Street can be no higher than 150 feet above the Iowa City Airport. The airport elevation is now established by Ordinance as 661 feet above mean sea level (msl). This means that under the current ordinance, the highest point of the glide path over the Street is 811 feet above msl, see attached memo and drawing. The construction plans for this Street Extension show that the Street will be built 752 feet above msl at its highest point. This is 59 feet lower than the glide path limitation. In other words, the Street Extension would have to be 59 feet higher in order to create a problem for the Airport. Even assuming the Council adopts a proposed change In the ordinance to establish the airport elevation at 668 feet above msl, the air space available for the Weeber Street Extension would be even greater, not less, The Street Extension would have to be 66 feet higher than the proposed construction plans to Intrude Into the glide path. Without understanding any Intricacies of the airport or of flying, it appears on the face of the information received from Frank Farmer that the Subdivider or the Owner on either side of the Street Extension has a 59 to 66 feet leeway for further construction before running Into any problems. In a word, there is no cause for concern regarding the glide path to the south, The Street Extension as proposed in this Subdivision presents no intrusion into the protected air space. M 2. Subdivision of a Street Extension Mr. Honohan's objection to this Subdivision as illegal is unwarranted. Section 32-2 of the City's regulations specifically provide that a street which divides a parcel of land is a "subdivision": "Subdivision. The division of a separate tract of land Into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street Is involved. any division of parcel of land." (Emphasis added.) Section 32-2, Iowa City Code of Ordinances The current draft of the Subdivider's Agreement merely clarifies that this Street Extension Is not a typical subdivision because it does not result in subdivided lots. All the references in the standard subdivider's agreement to "lots" were therefore inappropriate and deleted. The abutting properties remain unsubdivided "tracts". See final plat attached hereto. For this reason, it seems appropriate to explain the nature of this subdivision in the opening paragraph of the Agreement. The fact that the Street Extension is the Subdivision should be clear to all by now. In a word, Russell's objection to this clarification is unwarranted. 3. Subdivision as an Illegal "Dead-end" As seen from the attached map, both the proposed Extension and the current Weeber Street stop at the boundary of undeveloped property owned by Gordon Russell and the Knabes. The City's subdivision standards specifically permit such street development: "(4) No dead-end streets and alleys will be permitted except at subdivision boundaries on undeveloped areas." Mr. Honohan's reliance on this Section is III -founded and does not support his claim this Subdivision is "illegal". 4. Stormwater Management Section 3 of the currently drafted Subdivider's Agreement states It is agreed the stormwater management ordinance is not applicable to the street extension." It is difficult to see how the language could be any clearer, 5. Miscellaneous The remaining questions and objections which Gordon Russell raises by way of Mr. Honohan's letter to me in numbered paragraphs 3 through 6 present no major hurdles. I believe these considerations can be worked out agreeably between and among the Parties and the City. In conclusion, it would appear neither Mr. Honohan nor Mr. Russell have any substantive grounds upon which to object to the Final Plat of this Subdivision. The construction specifications have already been approved by the Engineering Department as proper. As I have previously indicated to both Parties and their attorneys, It has always been the City's M/ 91 intention to not participate in their private dispute, but instead to carry out the City's duties established by law, as defined by State and local regulations. With this in mind, the City Planning Department, the Engineering Department and the Legal Department have completed their review and find the Subdivision meets all requisite standards. The Final Plat was approved by the Planning and Zoning Commission. At this juncture there is no sound reason for any further City involvement. I therefore recommend that the City Council approve the Final Plat of this Subdivision, to be known as an Extension of Weeber Street, subject to the approval of the legal documents by this Department. We believe the outstanding questions regarding the Subdivider's Agreement are legal In nature, and may be resolved within a reasonable time by working with both Gordon Russell's and the Knabe's attorneys. I trust this will be responsive to your questions. Please do not hesitate to contact me if you have any questions regarding this matter. tp5-2 Attachments cc: Terry Timmins, City Attorney Doug Boothroy, HIS Don Schmeiser, PPD Jay Honohan, Bill Meardon, John Nolan and Hillary Strayer, FYI T. a O .rN sl ° GOULOt �;. 1 VISTA r M1 PARK flD ,(, I GP _P�{ALLEY •B I W ST. Mc EP ST�& w ; `� ; R NAL SSI O •�,, Q\ 4 O z I m O D 'CIS URC SL a f C �� A `'••. 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LOd WALNUT Sr ...._.. 056 WOOOLOEK _ .. GO SIH AVE _. 0.1 PKRIDGERO .... A -I SAO AVE POT.. ..... Lt SULHAt IT.N ...... .OD! WARWICK LIR _...,..... H.0 aVOII AVE .... O.E-3 SIH ST .. GO.1 hP(UNE Rp ... A•I LIN AVE DREDA 0.1.2 SUNSET ST ..,.._. 1.0.2 WASHINGTON IP PD ...... RN WM(L•AY 0. .._. H.1.J ITH AVE .. _. E.G.? OWRPYRD ,.An RN ST. D M1N-0 9.ER BRIAR AVE . . ... FI WASIINGTON PI _......_I�I APPMT _ OA IT. AVE OI SLIPA TRAIL .. A•1 SIN AVf 12 3 4 City of Iowa City M E M O R A N D U M TO: Linda Gentry FROM: Frank Farmer DATE: April 25, 1989 RE: Weeber Street Extension (Airport Elevation) The highest point on the Weeber Street Extension is at an elevation of 752 feet above Mean Sea Level (MSL). The highest elevation to which any object can be constructed along this street is 811 feet above MSL, which is 150 feet above the established airport elevation of 661 as per Iowa City Code Sec. 9-73. However, I believe Terry Timmins is working on updating M the code which will change the established airport elevation to 668. Therefore, at that point any construction could be approximately 59 feet high. As you move into the OH, OCL zone and OT zone (see attached drawing) the elevation that can't be penetrated decreases at a 20:1 and 7:1 ratio respectively. If you have any questions please contact me. CC: Ron O'Neil RECEIVED APR 2 6 1989 LEGAL DEPARTMENT � 9a Y alaq tem.. r w w rr... tar r..r.nr�I..../. ............................. _PUT/PLAN-APPROI CRY or Inn CRY as..srrMll M T..a.e 4 R.e I.I L[u1t I her., nr.iir tht w in9 tn. both of Flprwevr 190Br at ane dfe.Ltion vi Uillia. E. r M. Ko1r w•swnt •o Biatrica Court 0.d., not. 7.0347, R.Laf..d in Valu. 737r .rd JYala ro r Y'' n pages 2BBr 2B9 and 298, 1 .Iadivlped • Portion Of W East W11 of the Pora6.est .r Nr ^ q•1.. Street, OI W aa O.rft/• of Salon l,Ta id 79 Nor tea Range 9e 6 WsInto at aid 11/Lt b. 11h br1 MrtICY I/fIY nr .,is. a Street. and Lal.s 4. /. NYn ..enlftotn. eY OI` .jZ IL••W N lb.d st Io11pal ( D'f 1. 22•aver %14T UYE. Y4'4 %WU xl. •wl•b4 DI ..e . Be1i MiN n th lklrtlwn Carrierof th SwtMnt preset of tM tbrah.oa 0.,%., of the / r q.r SwtMnt 11eel.r of Section 16, Tim ip 79 fbrthe A.M b Last of the Filth Peineleai N,idin: There. 371.22 Ina .1" the East Lire of the Ibethwtt Or•:er of th $putlweat or•ete Of raid Section 161 There. 575.17'389,386.13 feral Then' 217.72 Ina: ThnL. SB7'58'58'Er 83.33 foal 7hnL. S(12'72'299Jr 87.91 fres, U� j r rr. owl S02•72r299J. to • point an the Nlrlh.rly Fifht-af•1J.r Lin of larL Ni.l:wv ho. U Then. S46•55'2B`%l rZ.r i 7[ yi ra9.r 13.55 feet /bey aid Rana-afvv Live: Thnce S37'B1.11-J• 695.4 test /ION raid Ri.ha- ll..nL. Iyn - r^•f ofi r LINT Thenar t@'/9'14`Er 1307.28 Inti TMraft SM'15'@`Er 130.78 feet) I ive Wwr Stroll T6.ne. SBB'19'38`Er 386.95 Mr` <� i .(f.11 ftawrrr..•eYYve.er: SBB•19'38`u 154.39 Ln to theGnter of PL nsr fan or "a" i '(S •' [""q'1 fast to the Point of Besinnin9. Sid treat of lard wnuiro 11.58 p 0 I�QI.. shot I. \w J.Ll La ....sent. and soar ILl10N of'R.... d. � A y yyCC���0 osim;o 7 I T I IYnhr, carally that the Plat o amen limen a an (carne n.rmnuLiOn of "Id indicated. j •rQ �— swdivisl On and "1 /I1. evrvers an "pit" .1 VVg1 ii�'L-'P OIin3d dpt• 06r j Eeece oe Ctevlel. lL. tfK>'M/Y I %"W.. ROwet B. MlLnlean Ras. �. 705 Data �a Di•ii N'Yl •N•��rrO ff,� ,,5 An f 7 Sf'Ria ^_ s S4rbrlwd to aw a.orn wives r this !Ca li AC d0 VJ r19� ;S?d, "Ci9 _ be1r6c So'w 5cc- ti't•1'w mN0 far at CC of// Lb.oa• v�nL, i •. 4 \ j;rTje p 1btoY Pwliu suet .1 ab for try so/ fo r tl LGjU �� U t 1.94 stn .d �B 478 y •. �4( . �n r� v 7 h P �'1tV'44 nP2 Opp'. v 3 0`0±�� U <1 a r J �QF Ha EW -lit S 4 9 duBr�36 'fir alaq tem.. r w w rr... tar r..r.nr�I..../. ............................. _PUT/PLAN-APPROI CRY or Inn CRY as..srrMll M T..a.e 4 R.e I.I City of Iowa city MEMORANDUM Date: April 26, 1969 To: Unda Gentry, First Assistant City Attorney From: Ron O'Neil, Airport Manager Q Re: Extension of Weeber Street The proposed extension of Weeber Street is not within the clear zone for Runway 12 or Runway 06. Because of the proximity of the proposed subdivision to the airport, the FAA would require the Tiling of FAA form 7460-1, Notice of Proposed Construction or Alteration, for any construction specified by that form (see attached form). bdw2.8 Attachment cc: William Sueppel, Assistant City Attorney RECEIVED APR P 8 1989 LEGAL DEPARTMENT G9a City of Iowa City MEMORANDUM Date: April 26, 1989 To: Linda Gentry, First Assistant City Attorney From: Ron O'Neil, Airport Manager QM Re: Extension of Weeber Street The proposed extension of Weeber Street is not within the clear zone for Runway 12 or Runway 06. Because of the proximity of the proposed subdivision to the airport, the FAA would require the filing of FAA form 7460-1, Notice of Proposed Construction or Alteration, for any construction specified by that form (see attached form). bdw2.8 Attachment cc: William Sueppel, Assistant City Attorney RECEIVED I APR P 8 1989 LEGAL DEPARTMENT i G9a �h RESOLUTION 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 fo approval of the final plat of he Extension of Weeber Street, a Subdivision of owa City in Johnson County/ags 'wa, which is solely an extension of Weeber Street, n equal proportions, althe property lines of Knabe & Russell Trucking, In and legally describe follows: Beginning at the Aol-theast CornerQfthe Southeast Quarter of the Northwest Quarter oNhe 79 North or North, Range thence 0052'16" W, 371.22 Quarter of the Southwe: 75017'30" W, 386.13 feet; 87°58158" E, 83.33 feet; i on the Northerly right -of 46°55'28" W, 165.55 feet 37001'33" W, 495.40 fee 02049'14" E, 1307.28 fee ; S 88°19'30" E, 154.39 f t S 88°19'30" E, 384.95 eet land contains 11.50 res, and restrictions of recor WHEREAS, the Dep Department and t have recommended WHEREAS, the final and after due deli and approved; ands Southwest Quarter of Section I6, Township 6 West, of the Fifth Principal Meridian; feet a ong the east line of the Northwest t jh'(�C' ter of said Section 16; thence te02°22'29" W, 217.72 feet; thence h 02022'29" W, 87.92 feet to a point -voy line of Iowa Highway No. l; thence S ldpg said right-of-way line; thence S al06 said right-of-way line; thence N then e S 88°15'02" E, 130.78 feet; thence to the centerline of Weeber Street; thence to the Point of Beginning. Said tract of more o less, and is subject to easements ,of Planning and Department have 1 of same; and at has been examined t -ation, the Commission m Development, the Public Works ned the proposed final plat and Planning and Zoning Commission recommended that it be accepted WHEREAS, the fi al plat is found to conform wit all other requirements of the City Ordinance of the City of Iowa City. NOW, THEREF7 , BE IT RESOLVED BY THE CITY COUNCI OF THE CITY OF IOWA CITY, IOWA: / 'the final plat of The Extension of Weeber Street is hereby approved the street and easements are hereby accepted as provided by law. 2./hat 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. G914 It was moved by and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: , Passed and approved this of Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald . 1989. the \ AovPLd as to Form ATTEST: CITY CLERK \ LegoI Department I/—/3—dr- 9 G 90 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN UPDATE BY CHANGING THE LAND USE WESTOFCLASSIFICATION OF IOWAA 28 CITY CRE MU MUNICIPAL CT FAIRPORTALONG FROMHIGHWAY NDUSTRIALTTO ORTH AND GENERAL COMMERCIAL. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, in order to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described in the Plan; and WHEREAS, the industrial land use designation for the tract of land under consideration was based on a desire to provide industrial development opportunities at a time when such development was constrained in other parts of the City; and WHEREAS, those constraints are being eliminated in other areas of industrial land use designation; and WHEREAS, the market has not supported industrial development of this site; and WHEREAS, the Planning and Zoning Commission has reviewed the Comprehensive Plan and has found that commercial use of the site is deemed to be in the best interest of the community. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The land use designation of a 281 acre parcel of land along Highway 1 West, north and west of the Iowa City Airport be reclassified from industrial to general commercial. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this ATTEST: CITY CLERK Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald day of 1989. MAYOR App v as to Form ega Department �b MEMO: 2 May 89 TO: Mayor John McDonald Councilman Wm. J. Ambrisco Councilman John Balmer Councilman Darrel G. Courtney Councilman Randy Larson RE: The Wal-Mart proposal The enclosed "Letter to the Editor" of the Iowa City Press -Citizen was sent to the Editor a week ago but as of 1 May it has not been published. ! Because of health problems I cannot personally attend public hearings on the Wal-Mart proposal. In view of the immediacy of meetings of the Iowa City Council at which this will be discussed, and my personal interest in the community, having lived here most of the years since since I first came here in 1920, I am sending a copy to you for your consideration. I ask that, before cast your your final vote, you explore the problems the letter addresses. I hope that you will agree with my suggestion that Iowa City should say "No" to Wal-Mart and to developers who ignore the accompaniments and the consequences of endless urban sprawl. E J hn R. Knott O1 Oaknoll Drive f MAY tin City Iowa C' 46 D it w IA 522 i I! i (Ph. 351 - 1720) hail I I 2 May 89 cc: Stephen J. Atkins, City Manager G9f Letter to the Editor Iowa City Press -Citizen Iowa City IA 52240 I MAY 21989 D Writ an, b�.n Dear Sir: The city Planning and Zoning Commision, on April 20th, recommended that the area adjacent to Carousel Motors an Highway 1 West be rezoned to make way for Wal-Mart to move into Iowa City. This still requires approval by the City Council, which reportedly will consider the request an May 2nd. I hope that the members of the Iowa City Council do their homework before this meeting and discuss the matter fully before taking action. An extremely informative article appeared on April 2nd in THE NEW YORK TIMES MAGAZINE Part 2, "The Business World", captioned: "When Wal-Mart Comes to Town." This recounts the story of the economic repercussions still felt in Independence, Iowa, following Wal -Mart's opening in 1984. A retail analyst with Salomon Brothers is quoted as saying: "Wal-Mart Just cannibalizes Main Street. They move into town and in the first year they're doing $10 million. That money has to come from somewhere and generally it's out of the small business -man's cash register." Indeed, in 1985, Wal -Mart's first full year in Independence, they did do $10 million in sales, but the community's total sales only ncreased by $2.1 million. The other $7.9 million came out of the cash registers of already -established local businesses. Wal -Mart's local expenditures do not include insurance and attorney's fees: it has its own central system. Money deposited in a local bank is quickly moved an to the accounts in the central office. Although "95 new jobs were created", an equal number was lost in the downtown business closings, and about half of the "new ]obs" were part-time, paying minimum wage. By 1988, the majority of the diverse, privately -owned business establishments in Indpendence had given up the ghost and pictures of the area resemble Lane Tree or Oxford, to pick a couple of places near enough for one to go and take a first-hand look at what's left when Main Street shuts down. Iowa City now has two K -Marts, one Jacks, one Pauls, one Target, and a newly -rediscounted Sears, as well as a Best Buy for electronics and cameras. With these already an hand, do our downtown local merchants need more competition? If so, for what purpose? Why does the city spend money with one hand to develop the downtown mall area while the other hand beckons a source of death - to the businesses located in the central mall? Does it make sense to "broaden the tax base" when more tax i dollars will be needed to provide fire and police protection, as well as water and sewage, street maintenance and traffic management, all of whch become necessary when further urban sprawl results from a massive new development on the shoulder of an already high-density traffic area and bordering a rapidly expanding residential area between Highway 1 West and Benton Street, and Riverside Drive and Mormon Trek Road? Will the "new ]obs" supposed- ly created make up for the ]obs lost when now -established business- es find it necessary to reduce their work forces? Who really wins, . and who loses, in these situations? Let us all hope that sufficient thought is being given to all of the implications of this proposal before a decision is reached, and that the City Council is wise enough to sharpen its pencils, look at all of the numbers, and realize that it is not too late to say "No", before further chaos sets in. John R. Knott 701 Daknoll Drive Iowa City IA 52246 Phone: 351-1720 24 April 89 J 7r I SSR -889-10 April 4, 1989 Submitted by: Berta, McCullough Re: Proposed Shopping Mall, south of Hwy 1 West Iowa City Whereas, most students of the University of Iowa are residents of the Iowa City community and are concerned with the issues facing Iowa City and its residents, and Whereas, the proposed commercial development of a shopping center south of Highway 1 West in Iowa City would bring economic opportunities, diverse shopping in the retail market, provide many full and part-time jobs, and would generate taxes which would benefit Iowa City and its residents, Be it resolved, that the UISS support the building of the proposed shopping center, and Be it further resolved, that the UISS urge the Iowa City Planning and Zoning Commission and the Iowa City Council to amend the Comprehensive Plan and rezone the 28 acre area for commercial use for the proposed shopping center. G9�z 6b G 9�4 i �lt Cal -,A-7 G9�. ` `t' RESOLUTION NO. 89-86 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CAMERON SUB- DIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Byers & Happel, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Cameron Subdivision; 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, provided that in the event the preliminary PDH and LSRD plan not be approved by Council for Lot 33, now proposed to be developed as Willowbrooke Pointe Condominiums, that the preliminary plat for Cameron Subdivision be resubmitted by the Subdivider and revised to incorporate Lot 33 as a formal part of Cameron Subdivision to assure continuity of the neighborhood; and WHEREAS, the preliminary plat is found to conform with all of the require- ments 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: 1. That the preliminary plat of Cameron Subdivision 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 Ambrisco and seconded by Balmcr 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 2nd day of D6nv 1989. YOR —' App ved a to Form ATTEST: %lw' J 7e CITY CLERK Uegal Department w RESOLUTION NO. 89-87 ` RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR WILLOWBROOKE POINTE CONDOMINIUMS, A 6.735 ACRE TRACT LOCATED AT THE NORTHEAST QUADRANT OF THE BENTON STREET AND MORMON TREK BOULEVARD INTERSECTION. WHEREAS, the contract purchaser, Byers & Happel, Inc., has filed an application for approval of a preliminary Large Scale Residential Development Plan for said 6.735 acre tract; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Residential Development Plan and have recommended approval of same; and WHEREAS, the amended preliminary Large Scale Residential Development Plan has been examined by the Planning & Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Residential Development Plan for Willowbrooke Pointe Condominiums is found to conform with all of the pertinent requirements of the 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 preliminary Large Scale Residential Development Plan for Willowbrooke Pointe Condominiums on a 6.735 acre tract located at the northeast quadrant of the Benton Street and Mormon Trek Boulevard intersection 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 the resolution and of said plan after passage and approval by law. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this tad day of Dtav 1989. *LepaDe­par�t—ment d as to Form ATTEST:j.,,.,,� CITr CLERK �/-a7- 7D/ RESOLUTION NO. 89-88 RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF TY'N CAE SUBDIVISION, PART THREE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the proprietor, Dynevor, Inc., seeks to vacate a portion of Ty'n Cae Subdivision, Part Three, known as Lots 39-43 and 46-49; and WHEREAS, said vacation includes a portion of Dynevor Circle an unimproved platted right-of-way; and WHEREAS, the applicant seeks vacation of said lots and right-of-way to permit the land area to be replatted into 20 zero lot line single -family lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Pursuant to Section 409.19 of the Code of Iowa, the City Council hereby consents to the vacation of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part Three as recorded in plat book 665, page 19. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, an upon call there were: AYES: NAYS: ABSENT: x Ambrisco 1 x Balmer _ X._ Courtney f x Horowitz x Kubby x Larson x McDonald Passed and approved this 2nd day of May 1989. t R i Il Appr ed as Form t ATTEST:%i1n..a..i/ IT CLERK e Le al Department 17-1 -,2 ;�-d�? i 7Dz RESOLUTION NO. 89-89 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TY'N CAE SUB- DIVISION, PART FIVE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dynevor, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Ty'n Cae Subdivision, Part Five; 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; and WHEREAS, the preliminary plat is found to conform with all of the require- ments 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: 1. That the preliminary plat of Ty'n Cae Subdivision, Part Five 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 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 1 Passed and approved this 2nd day of htny 1989. I UO � YOR %h,,..s� .� APP�� ° Form ATTEST: CIT CLERK L ga Department Y _.-�'7-e9 703 RESOLUTION NO. 89-90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT 711 GRANT STREET. WHEREAS, on March 2, 1988, the property owners at 711 Grant Street executed a promissory note to the City of Iowa City in the amount of $1,368.23 for value received by way of an Emergency Repair loan, and WHEREAS, said promissory note provided a lien against subject property, and WHEREAS, $1,368.23 of the full amount of said note has been paid in full on April 11, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien, whereby the City does release the affected property from an obligation of the property owners at 711 Grant Street to pay to the City the principal amount of $1,368.23. 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 i X McDonald Passed and approved this 2nd day of D1w 1989. " or. or YOR Approved as to Form ATTEST: %%1 i�� al �`me CITY CLERK Legal Department 7a3 Q RELEASE OF LIEN Date: May 2. 1989 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following -described property: Lot 20, Block 1, Rundell Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the property located at 711 Grant Street to the City of Iowa City, Iowa, in the principal amount of $1,368.23 represented by a Statement of Life LIen recorded in the Office of the Johnson County Recorder on March 7, 1988, in Book 994, page 319. This obligation has been paid in full and the lien is hereby released. ATTEST: City Clerk STATE OF IOWA SS: JOHNSON COUNTY CITY OF IOWA CITY, IOWA By: //Lti • yor On this 2nd day of May , A.D. 19 89 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. /_1110 Notary Public in and for Johnson County, Iowa i 7a 3 I i RESOLUTION NO. 89-91 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A MORTGAGE EXECUTED FOR PROPERTY LOCATED AT 1002 HIGHLAND AVENUE. WHEREAS, on June 23, 1983, the property owners of 1002 Highland Avenue executed a mortgage and promissory note to the City of Iowa City in the amount of $11,000.00 for value received by way of a Housing Rehabilitation Comprehensive loan, and WHEREAS, said promissory note provided a lien against subject property, and WHEREAS, $11,000.00 of the full amount of said note has been paid in full on April 24, 1989. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien, whereby the City does release the affected property tfrom nobligation t of 1$11,000-00.at 1002 Highland Avenue to pay to the City the principal am un It was moved by Ambrisco and seconded by Horowitz 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 2nd day of May , 1989. 11 AYOR Approved as to Form ATTEST: a444 i��w,) k/JS 7�rf CI CLERK Legal Department 7a� RELEASE OF LIEN Date: May 2, 1989 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following -described property: Lot 16, in Block 4, in Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the property owners at 1002 Highland Avenue to the City of Iowa City, Iowa, in the principal amount of $11,000.00 represented by a Mortgage and Promissory Note recorded In the Office of the Johnson County Recorder on June 28, 1983, In Book 328, page 389. This obligation has been paid in full, and the lien is hereby released. ATTEST: Aa"A411 Aim City Clerk STATE OF IOWA SS: JOHNSON COUNTY CITY OF IOWA CITY, IOWA On this 2 day of May , 1969 , before me, the undersigned, a Notary Public in and for said County, in said Stale, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation executing the within and foregoing said Instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution said Instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �r;>x, l yl QYv�,r.C�IL Notary Public in and for Johnson County, Iowa 7a� i RESOLUTION NO. 89-92 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCELS C AND D, LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City is empowered under Chapter 403 of the Code of Iowa (1987) to engage in the sale or transfer of land acquired and cleared by it for private redevelopment, and WHEREAS, the City of Iowa City wishes to offer for private redevelopment certain parcels of land known as Parcels C and D located in the Lower Ralston Creek Area of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager or his designee is hereby authorized and directed to solicit offers to purchase Redevelopment Parcels C and D, located in the Lower Ralston Creek Area of Iowa City, as shown on the map attached. 2. That the City Clerk is hereby authorized and directed to publish notice as required by law of the aforementioned solicitation of offers to purchase said Parcels C and D for private redevelopment. 3. That offers to purchase said Parcels C and D are to be received at the Iowa City Department of Planning and Program Development, 325 E. Washington Street, Iowa City, Iowa until 1:30 p.m. on June 2, 1989, and thereafter publicly opened by the City Manager or his designee. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer x_ Courtney X Horowitz x Kubby g Larson McDonald Passed and approved this 2nd day of 4ay , 1989. A'YO R Approved as to Form ATTEST: /eww.J 1(./1!. �a�✓ �`r �� �'�' CITY CLERK Legal Department -//_ Z7-J--� W W A W O mi N Z UJ m eT)LI R BENTON A-� II ST. i LEGEND ELN Al2/ 11 GROVE / LOWER RALSTON CREEK P6PN NEIGHBORHOOD 3 i REVITALIZATION PROJECT project boundary ®VACATED STS. OO BLOCK NUMFFR KIRKW i :ST. CLOSEDTO TRAFFIC I� Note: Parcel Location and REDEVELOPMENT PARCELS: Size are Approximate. B,C,D...etc. See Lot Surveys. CITY OF IOWA CITY • SCALEiay�.mu City of Iowa City MEMORANDUM Date: April 25, 1989 To: City Council and City Manager VIA From: Marianne Milkman, CDBG Program Coordinator Re: Lower Ralston Creek Parcels C and D There is once more considerable interest among developers to purchase Lower Ralston Creek Parcels C and D. If Council is in agreement, I recommend that we put these parcels on the market again with certain additional provisions. Maps showing the location and dimensions of the parcels are attached. Parcel C In previous attempts to market this property, we received very low bids. Bidders said that the unimproved state of Lafayette Street and the extensive fill on the parcel making access from the alley very difficult, led to the low bids. The parcel is zoned CH. To address the problems and upgrade the area in general, we recommend the following Improvements to the area in conjunction with the disposition of Parcel C: 1. Vacation of Lafayette Street between the alley and Ralston Creek, with half or all of the vacated portion to be added to Parcel C. Drainage and railroad easements will be retained across the vacated street. 2. Removal of fill from Parcel C to a level of one foot above the 100 -year floodplain. The fill will be used in an area off Whiting Avenue at the end of storm sewer lines draining Into the ravines. 3. Paving of Lafayette Street between Dubuque Street and the alley with T' concrete at a width of 25 feet. Cost would be approximately $12,000. 4. Providing a hard surface (seal coat) to the alley between Lafayette Street and the railroad embankment, to provide better access to Parcel C. Cost approximately $600. 5. Providing some street trees on Lafayette Street to improve the appearance and generally help to upgrade the area. Cost approximately $800. The adjacent property owners on Lafayette Street are not particularly Interested !n the Improvements on Lafayette Street. Leisure Time Rentals (adjacent to the north) has Its main entrance on Dubuque Street, and Lafayette Street is used by them only for access to the storage buildings and as direct access to off-street parking spaces perpendicular to Lafayette Street. For the property south of Lafayette Street, access to the Dubuque Street apartments and Graphic Printing (to the South of Lafayette Street) is from Dubuque Street and the alley; Lafayette Street is used to access the alley, but there is also access from Benton Street. We have the option of paying for the improvements to this Lafayette Street area either by assessment of adjacent property owners or by using some of the proceeds from the sale of Parcel C, or by a mixture of the two. The minimum acceptable purchase offer for Parcel C will probably be approximately $44,000. Parcel D As you will recall, we have held off marketing this City -owned parcel on the southeast corner of Linn and Harrison Streets, until a final decision on the future of Regina Elementary School was made. The ax has fallen, and the school will be torn down this summer and a parking lot established on the site. This parcel is zoned RM -145, and with the recent change in the zoning code a considerable number of units could be constructed on this property. The attached plan indicates that a 20 foot conservation easement adjacent to the creek will be required. This easement can be used for parking. The main limiting factor for the number of units which could be constructed is parking, and staff has reviewed the site with this in mind. Both Linn and Harrison Street have an 80 foot right-of-way with 31' of paving. We have given some consideration to the possible need for on -street angle parking or some other use of the right-of-way in this area in the future, because it is so close to the downtown. However, we are recommending that 10' of the Linn Street right-of-way be vacated and added to the Parcel D site to provide more buildable area and make the best use of this property. In addition, it Is recommended that developers be given the option of purchasing an additional 10' of the Harrison Street right-of-way, If this would make for a better development. Don Schmeiser and I will be at the informal Council meeting on Monday, May 1, 1989, to discuss these Items with you. tp5-18 las 91 %142EISCJ r � �u N Qct• uE [o¢, 6�Jclo _ _ � Lour•tl+� SeAj ` ITT S 0q- 3T S4- c (r 1.20 v" Pira n+'Y\1 J IPoi o� gEv,uuiwl�'Y'i•a 0 UL J < •O/• i .Q N i•yyA r/ � •`I adv. �*�/! yH"• P ��/. • O rV� w M �� Py.♦ ti i I r Q as i � I i , PLAT SURVEY TRACT D is J1 RESOLUTION NO. 89-93 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM (MYEP) FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA CONSERVATION CORPS/SUMMER COMPONENT. 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 (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize Community Development Block Grant funds to purchase materials, supplies and contracted services, and provide a youth wage match for work on exterior improvements for the "YOUTH SERVICES" facility at 410 Iowa Avenue in Iowa City, Iowa; and WHEREAS, MYEP seeks to provide work opportunities for youth in the community; and WHEREAS, the "YOUTH SERVICES" Facility Exterior Improvement Project provides an opportunity to utilize MYEP participants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Mayor's Youth Employment Program for the MYEP/Iowa Conservation Corps/Summer Component for improvement work for the "YOUTH SERVICES" facility. A copy of said agreement is attached to this Resolution and is incorporated by this reference herein. It was moved byCourtney and seconded by Horowitz 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 2nd day of May , 1989. ATTEST: „J � A:a. CI1 CLERK & -� ir YOR Appr ed Form Le, 1 Department 7db AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this ' n day of (I i.( 198c_, by and between the City of Iowa City, a municipal corpo ation ("City"), and Mayor's Youth Employment Program ("Agency"); WHEREAS, the Cityis the rient of Community Development Block Grant (CDBG) funds granted by the ecipU.S. Departmentof Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing a work site for youths (age 18 and over) as well as making exterior Improvements for the "Youth Services" facility at 410 Iowa Avenue in Iowa City, Iowa. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall utilize the funds to purchase materials, supplies and contracted services, and provide a wage match needed to implement exterior improvements for the "Youth Services" facility (hereinafter referred to as "the Project"). Such improvements shall include sidewalk installation, parking lot improvements, window repair and facility signage. B. Development of architectural and landscape designs for the Project shall be the responsibility of the Agency, subject to written concur- rence by the City. C. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. D. The Project shall be completed in compliance with all applicable state and local building codes; and upon completion, shall be operated In compliance with all applicable state and local codes and ordinances. The agency agrees the improved Facility shall be used solely for the purpose of providing operational space for Mayor's Youth Employment Program, United Action for Youth and Youth Homes, Inc. 7a� 2 11. TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline 1. Execute Contract for Project May 2, 1989 2. Project Start Date June 1, 1989 3. Project Completion Date October 1, 1989 This schedule is subject to change by mutual agreement of both parties in writing. III. PROPOSED PROJECT BUDGET: IV V. A. Project Materials $4,175.00 B. Equipment/Supplies Professional Services (landscape architect) 700.00 C. Contracted Work 800.00 D. ICC Summer Wage Match 2,000.00 TOTAL $7,675.00 COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than Seven Thousand Six Hundred and Seventy -Five Dollars ($7,675.00) for performance under this Agreement, as follows: A. Partial payments for eligible expenditures shall be made upon receipt of Small Order Requisitions (SORs) authorized by the Agency Director and approved by the CDBG Program Coordinator. B. Further payments for eligible expenditures shall be made through City Purchase Orders or fund transfer requests authorized by both the Agency Director and either the CDBG Program Coordinator or the Director of the Department of Planning and Program Development. Prior to payment, lien waivers will be required for all contracted services and supplies, except for wages paid to the ICC participants. C. The Project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, after the City has inspected and approved completed work, and after the Agency certifies that all work has been completed to its satisfaction. TERMS AND CONDITIONS: A. The City shall have no responsibility or liability for the maintenance, operation or program funding for the Agency. B. During the period of this Agreement, effective as of the start of the Project, the Agency shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the 7aG property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which 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 CDBG Coordinator within 30 days of the lapse of said policy. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through October 1, 1989. PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. Until the completion of the Project and expenditure of all CDBG funds disbursed under this Agreement, the Agency shall submit monthly reports describing progress of the Project activities by the fifteenth day of each month. C. Not later than October 1, 1989, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which 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 CDBG Coordinator within 30 days of the lapse of said policy. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through October 1, 1989. PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. Until the completion of the Project and expenditure of all CDBG funds disbursed under this Agreement, the Agency shall submit monthly reports describing progress of the Project activities by the fifteenth day of each month. C. Not later than October 1, 1989, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. 71?G CONTRACTING AND PROCUREMENT STANDARDS: The requirements of applicable sections of: 24 CFR 85 "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments", OMB Circular A-122 "Cost Principles for Non -Profit Organizations", and OMB Circulars A-110 and A-128 shall apply to the use of funds disbursed under this Agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 ( Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead -Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar as they apply to the performance of this Agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency shall promptly repay to the City the full contract amount of $7,675.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. 7aj6 IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. X. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this 2nd day of May , 1989. 7aG 6 CITY OF IOWA CITY, IOWA `�R n tnr_- 1.I��.a �%�/ (Agency) gy?YO v By: ryV — m1 (r L 1 rN1 Executive Director ATTEST: 7PI211-.-j 7e 2eat� ATTEST: City Clerk I ACKNOWLEDGEMENT i STATE OF IOWA ) j SS: 1 JOHNSON COUNTY ) On this2nd day of May 19 89 before me, Gina UDonne 'a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. c. dJo�A Notary Public in and for Johnson County, Iowa Approved as to Form Lgal Department �a6 <A A C RESOLUTION NO. 89-94 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO ADMINISTER A HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED, AND HANDICAPPED PERSONS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to assist elderly, disabled, and handicapped residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes; and WHEREAS, the City of Iowa City wishes to contract with the Elderly Services Agency (ESA), an Iowa not-for-profit corporation, to administer a housing repair program for elderly, disabled, and handicapped persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached agreement with the Elderly Services Agency to administer a housing repair program for elderly, disabled, and handicapped persons. It was moved by Larson 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 2nd day of May 1989. i OR )., 'J Appro e s to Form ATTEST: CITY CLERK Legal Department SI/_ -z 6 - F% lar AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELDERLY SERVICES AGENCY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 2ndday of May, 1989, by and between the City of Iowa City, a municipal corporation ("City"), and Elderly Services Agency.,an Iowa not for profit corporation ("Agency"); WHEREAS, the 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 (Public Law 93-383); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in administering a small repair program for elderly, handicapped and disabled residents of Iowa City in order to enhance their ability to remain independent and stay in their homes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall agree to assist elderly, handicapped and disabled residents of Iowa City with necessary minor structural repairs and modifications to their homes,which will enhance their ability to remain in their homes ("the Projects"). B. The Agency agrees to develop and implement a housing repair program (" o ram") for elderly, disabled, and handicapped resident. This Program shall be substantially consistent with the Housing Repair Program Manual, updated April 20, 1989, as provided by the City. Any substantial deviation from this Manual shall be reviewed and approved in advance, in writing, by the City. C. The Agency agrees to hire a qualified construction consultant to advise it, as needed, on the repair work requested, and to inspect completed projects. D. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. E. The Projects shall be completed in compliance with all applicable state and local building codes. 7-1?r II III IV V 2 TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline 1. Execute Contract for Project May 5, 1989 2. Project Start Date May 5, 1989 3. Project Completion Date December 30, 1989 This schedule is subject to change by mutual agreement of both parties in writing. PROPOSED PROJECT BUDGET: A. Project Materials $2,000 B. Contracted Labor $3,000 C. Administration $1,000 TOTAL $6,000 COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than Six Thousand Dollars and No Cents ($6,000.00) for performance under this Agreement, as follows: A. Partial payment shall be made upon receipt of invoices for labor, materials, and consultant and administrative services rendered. B. The Project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, after the City and/or Construction Consultant has inspected and approved completed work, and after the Agency certifies that all work has been completed to its satisfaction. TERMS AND CONDITIONS: A. The City shall have no responsibility or liability for the main- tenance, operation or program funding for the Agency. B. Until at least January 1, 1990, the Agency shall, in a manner satisfactory to the City, fulfill its stated purpose and provide continued service. C. During the period of this Agreement, effective as of the start of the Projects, the Agency shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which 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 7a7 3 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 CDBG Coordinator within 30 days of the lapse of said policy. D. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through January 1, 1990. PART II PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. Until the completion of the Project and expenditure of all CDBG funds disbursed under this Aqreement. the Aaencv shall snhm;r mnnr6l„ C. Not later than December 30, 1989, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. No reporting requirements shall extend beyond January 1, 1990. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized .representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. %o7, III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of applicable sections of: 24 CFR 85 "Uniform Administra- tive Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular A-122 "Cost Principles for Non -Profit Organizations," and OMB Circulars A-110 and A-128 shall apply to the use of funds disbursed under this Agreement. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. EOUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead -Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar as they apply to the performance of this Agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If the_Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. In the event of such termination, the Agency shall promptly repay to the City the full contract amount of $6,000, or that portion of the amounts which have been disbursed to the Agency prior to such termination. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this day of , 1989. 7,47 CITY OF IOWA CITYY�, IOWA By: ayor ATTEST: %u+rw.J. ✓ City Clerk STATE OF IOWA SS: JOHNSON COUNTY ELDERLY SERVICES AGENCY l By: E tive Director ATTEST: ACKNOWLEDGEMENT On this 2nd day of Diav , 19 89 , before me, Gina O'Donnell , a Notary Public in ani for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpora- tion, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in an for Johnson County, Iowa On this day of , 19 , before me, the undersigne�—'Rotary Public in and for the State of Iowa, personally appeared and , to me personally known, who being by me duly sworn, i say t at t ey are the and , respectively, of the corporation executing the foregoing instrument; t at no seal has been procured by) (the seal affixed hereto is the seal of) the corporation; that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that and acknowledged the execution of the instrument to be the voluntary act an ee of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. Notary Public in and forte State of Iowa 4LegaDe-partment da to Form C� y -J- 7d7 RESOLUTION NO. 89-95 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON MAY 21, 1989 WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, It is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, on May 21, 1989, 1:00 PM, in Chauncey Swan Park, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 2nd day of ATTEST: 4,.J 41 J CITY -CLERK Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald 1989. 1,4 x .,.....Q..P YOR Approved as to Form /✓J1 "/A'/'v Legal Department imi RESOLUTION NO. 89-96 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO THE LEASE - BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF 4-H BUILDING STORAGE SPACE FOR STREETS DIVISION EQUIPMENT. WHEREAS, the City of Iowa City did, by virtue of a Resolution No. 85-202, passed and approved on June 18, 1985, enter into a Lease - Business Property with the Johnson County Agricultural Association for the rental of 7500 square feet of covered, heat storage space at the 4-H Grounds for storage of Streets Division Equipment, which lease expires on June 30, 1987; and WHEREAS, said Lease - Business Property was renewed for an additional term to June 30, 1988, and was thereafter allowed to automaticlaly renew for an additional term which will expire on June 30, 1989; and WHEREAS, an Addendum to said Lease has been negotiated for the same rental ($350 per month) for a ten-month period with an automatic one-year renewal thereof unless cancelled by the City and with an optional one-year renewal thereof if exercised by the City; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City to execute the Addendum to said Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Addendum to the Lease - Business Property, attached hereto and made a part hereof, is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Addendum to said Lease for and on behalf of the City of Iowa City, and that the City Clerk furnish a copy thereof to any citizen requesting same. 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 2nd day of Nkly 1989. ;YORekA ApprVnd as tg,,rorm ATTEST:-• Lega Departmen CIQ Y CLERK t 07619 ADDENDUM NO. 2 TO LEASE - BUSINESS PROPERTY Renewal For An Additional Term From September 1989 to June 1990 The Lease - Business Property by and between the Johnson County Agricultural Association, as Landlord, and the City of Iowa City, as Tenant, for the lease of the 50' x 150' Swine Barn at the Johnson County 4-H Fairgrounds, executed on June 2, 1987, is hereby renewed for an additional term of 10 months, commencing at midnight of the day previous to the midnight of the day previous to the first day of the renewal term, which shall be on the 1st day of September, 1989, and ending at midnight on the last day of the lease term, which shall be on the 30th day of June, 1990. 2. Automatic Renewal For An Additional Term from September 1990 to June 1991. The said Lease - Business Property shall automatically renew for an additional term, as hereafter provided, unless the Tenant by its City Manager, shall notify Landlord in writing of Its Intention to cancel this Lease, which notice shall be given not less than 60 days prior to the expiration date of the renewal term, June 30, 1990. The additional term shall commence at midnight of the day previous to the first day of the renewal term, which shall be on the 1st day of September, 1990, and shall end at midnight on the last day of the additional term, which shall be on the 30th day of June, 1991. 3. Optional Renewal For An Additional Term From September 1991 to June 1992. The Lease - Business Property may, at Tenant's option, be renewed for an additional term as hereafter provided. To renew the Lease for the additional term, Tenant shall, by its City Manager, give notice of Its intention to renew this Lease, which notice shall be given not less than 60 days prior to the expiration date of the renewal term, June 30, 1991. The additional term shall commence at midnight of the day previous to the first day of the renewal term, which shall be on the 1st day of September, 1991, and shall end at midnight on the last day of the additional term, which shall be on the 30th day of June, 1992. 4. Rental During Renewal Terms. During each renewal term as above provided, Tenant agrees to pay Landlord rental as follows: $3,500 for each 10 month renewal term, payable in two payments of $1,750 each, to be paid on January 1st and June 1st during each renewal term. This provision supersedes the provisions of paragraph 2 of the said Lease - Business Property regarding the rental to be paid for the leased premises. 5. All Other Provisions of Lease To Remain In Effect. All other provisions of the said Lease - Business Property, including the provisions of the Addendum attached thereto, shall remain in full force and effect during renewal terms as herein provided. Zat 9 Dated this 9 day of Vrtiv, , , 1989. Johnson County Agricultural Association, LANDLORD X By: YA 44W eX 7V4, STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this qh day of � A.D. 191jg, before me, the un ad, a Notary State dersign Public in and for the bf Iowa, personally appeared �4 a C t n0.6 and to me personally known, who, being by me duly sworn, did say that they are the and — respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said � �_cn.a.oti� � 000no and as such officers acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. On V'Q K Notary Public in and for said County and State The City of Iowa City, Iowa TENANT By: hn McDonald, Mayor ', 1 Attest: _2%(mfis.J >e flaw✓ Marian.K. Karr, City Clerk STATE OF IOWA SS: JOHNSON COUNTY On this 2 day of May 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 instrument was 01449 { signed and sealed on behalf of the corporation, by authority of its City Council, as contained In (OTAXWO (Resolution) No. 89-96 passed (the Resolution adopted) by the City Council, under Roll Call No. ----- of the City Council on the 2nd day of May , 1989 , 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. r-��Y\o' (lI�rN%"n'k a J.— Notary Public in and for the State of Iowa RESOLUTION NO. 89-97 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SFM.09, 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 has concurred that the tenant on Parcel No. SFM.09, Winebrenner Ford, should be compensated in the additional amount of $800.00 for additional maintenance expenses associated with construction activity in the temporary easement area, bringing the total compensation for the temporary construction easement payable to Winebrenner Ford to $900.00; 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. SFM.09 and to accept conveyance of a temporary construction easement at the revised compensation figure, all 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 Amhrisco and seconded by flororaitz 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 X McDonald Passed and approved this 2nd day of fitly , 1989. v //G- AYOR (App�ed as to Form ATTEST:}�La,;a U/: CITY CLERK Legal Department 730 RESOLUTION NO. 89-98 RESOLUTION AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCELS NOS. SIRC 1.05, SIRC 1.06, SIRC 1.20, AND SIRC 1.21 IN THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 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 did, pursuant to Resolution No. 89-78, authorize the acquisition of certain permanent sewer easements, temporary construction easements, and access easements at the appraised prices therefore as indicated in the exhibit accompanying said resolution; and WHEREAS, in preparing offers for said easements and in reviewing the appraisals with the City's appraisers, it was determined that in two instances the appraisers included compensation for trees and landscaping improvements which either won't be affected by construction or are located on City -owned property, and in two other instances the appraisers had not placed a value on trees which may be affected by sewer construction; and WHEREAS, the City's appraisers have recommended that the compensation for acquisition of said easements be revised. 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 permanent sewer easements and temporary construction easements over said parcels at the prices indicated in Exhibit A hereto. 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 Balmcr 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 Larson McDonald AV/ Resolution No. 89-98 Page 2 Passed and approved this 2nd day of May , 1989. ATTEST: CI CLERK OR o e Form Legal Department Exhibit A, PARCEL NO Page NAME ACQUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT INTERESTS TO BE ACQUIRED APPRAISED VALUE OF INTERESTS TO BE ACQUIRED SIRC1.05 Bothell Temporary Construction Easement $ 100.00 Trees which may be affected by construction Total 1 600.00 1,700.00 SIRC1.06 Funk Temporary Construction Easement $ 600.00 i I Trees which may be affected by construction Total 1 600.00 2,200.00 i SIRC1.20 Crow Temporary Construction Easement (including trees and plants $2,335.00 to be removed) i SIRC1.21 Osburn Temporary Construction Easement (including trees and plants $1,695.00 to be removed) i RESOLUTION NO. RESOLUTION AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCELS NOS. SIRC 1.19, SIRC 1.20, AND SIRC 1.21 IN THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 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 C'ty Council did, pursuant to Resolu/on No. 89-78, authorize the acquisition of ertain permanent sewereasem temporary construction easements, and acc s easements at the appraised prices therefore as indicated in the exhibit accom \s,it d resolution; WHEREAS, in preparingr said easem is and in reviewing the appraisals with the City's apprt was dete ined that in three instances, the appraisers included con for tr s and landscaping improvements which either won't be affecstructio or are located on City -owned property; and WHEREAS, the City's ha a recommended that the compensation for acquisition of said ebe revised. NOW, THEREFORE, BE AND IT IS HER€B RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City/ anag r or his designee is hereby authorized and directed to negotiate the purchase o permanent sewer easements and temporary construction easements over said parce s at the prices indicated in Exhibit A hereto. such ts cannot be by negotiatioAND BE IT n at theER appraised aised that ivalueseve indi ted on sthenaccompanying exhibita cthe ondemnation proceedingsnforeis the acquisition oaut risu h easements zed and ted to initiate It was moved byl and seconded by the Resolution be ad to , and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Courtneytney Horowitz Kubby Larson McDonald 73/ i Resolution No. Page 2 Passed and approved this day of 1989. MYOR Appr d as o orm m� ent Exhibit A, Page ACQUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT. PHASE 1 SEWER CONSTRUCTION PROJECT APPRAISED VALUE INTERESTS TO OF INTERESTS TO PARCEL NO NAME BE ACQUIRED BE ACQUIRED SIRC1.19 Boorman Permanent Sewer and Temporary Construction Easements SIRC1.20 Crow Temporary Construction Easement SIRC1.21 Osburn Temporary Construction Easement