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HomeMy WebLinkAbout1988-04-05 ResolutionRESOLUTION NO. 33-49 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: College Street Club, 121 E. College Street it was moved by Larson and seconded by Strait that the Resolution as readbe adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Courtney X Dickson y Horowitz k Larson X 11cDonald I Strait X Passed and approved this Sth day of April , 19 88 // )IY40 r Attest: �lgetn,,.> yY .�f✓ City Clerk //3/ RESOLUTION NO. 88-50 RESOLUTION ACCEPTING THE WORK FOR THE COURT STREET SANITARY SEWER EXTENSION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: 630 feet of sanitary sewer as constructed by Weber Brothers Construction Company for Plum Grove Acres Inc., along the north side of Court Street from Peterson Street to Scott Boulevard in Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Larson and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X DICKSON X HOROWITZ X LARSON X McDONALD X STRAIT Passed and approved this 5th day of April, 1988. MAYOR ATTEST: �i[T W -Yl ] y � TY CLERK APPROVED AS TO FORM —leis %/c✓ LEGAL DEPARTMENT 1133 u n RESOLUTION NO. RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROPERTY LOCATED AT 615 EAST JEFFERSON STREET. WHEREAS, First National Bank has submitted an application to rezone property located 615 East Jefferson Street from RNC -20 to CO -1; and WHEREAS, the Department of Planning and Program Development, in a report dated January 7, 1988, recommended denial of the application; and WHEREAS, on February 18, 1988, the Planning and Zoning Commission, on an affirmative motion to recommend the rezoning, voted two in favor, four opposed (Cook and Clark voting in the affirmative); and WHEREAS, the City Council has examined the report of the Department of Planning and Program Development, and Planning and Zoning Commission action, and concurs with their recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The application to rezone property at 615 East Jefferson Street from RNC - 20 to CO -1 is disapproved for the following reasons: 1. The proposed rezoning is inconsistent with the land use policies for the area established in the City's Comprehensive Plan, as set forth in the 1983 Comprehensive Plan Update. 2. The proposed rezoning is inconsistent with the established land uses in the area. 3. Altering the present RNC-20/CO-1 boundary line would subject additional residential properties to both the negative impacts of a commercial use located in the CO -1 zone, and to increased pressure to convert to commercial uses. The present boundary line was purposely set to protect established residential properties on Jefferson Street. 4. The proposed rezoning would contravene the purpose of the RNC -20 zone to preserve the character of existing residential neighborhoods. The subject property was included in the RNC -20 zone because it includes a residential structure similar to neighboring residential proper- ties, and preservation of existing housing stock is one way to preserve the character of existing neighborhoods. The RNC -20 zone conserves older, established residential neighborhoods by permitting conversions to other residential uses. 4�o J t Resolution No, Page 2 It was moved by and secondedby Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait Passed and approved this day of 1988. MAYOR Approved as to Form ATTEST: CITY CLERK Legal Department the #-SD STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: Z-8710. 615 E. Jefferson Date: January 7, 1988 GENERAL INFORMATION: Applicant: First National Bank 204 E. Washington St. Iowa City, Iowa 52240 Contact: C. Peter Hayek, Attorney Phone: 337-9606 Requested action: Rezoning from RNC -20 to CO -1 Purpose: To permit expansion of the parking lot serving Pediatric Associates located west of the subject property. Location: 615 E. Jefferson St. Existing land use and zoning: Single-family residential; RNC - 20. Surrounding land use and zoning North - Single-family resi- dential and multi- family residential; RM -12. East - Multi -family resi- dential; RNC -20. South - Single-family resi- dential and multi- family residential; RNC -20. West - Clinic; CO -1. Comprehensive Plan: Residential: 16-24 dwelling units per acre. File date: December 11, 1987 45 -day limitation period: January 25, 1988 BACKGROUND: The property at 615 E. Jefferson St. is the site of a single-family residential dwelling located in the RNC -20, Neighborhood Conservation Residential Zone. This structure is located in a block occupied by a pediatric clinic, four multi -family residential buildings (a tri-plex, a four-plex, a six-plex - one unit occupied by building owner, and a 12- plex), a duplex - one unit occupied by building owner, and four owner - occupied single-family dwellings. Attachment #2 illustrates the location of these properties. The mix of residential uses displayed in this block is characteristic of the purpose of the RNC -20 zone to preserve the e Al C76 r,- character of existing residential neighborhoods while preventing existing multi -family uses within the neighborhood from becoming nonconforming. First National Bank, owner of the property at 615 E. Jefferson St., requests to rezone this property from RNC -20 to CO -1, Commercial Office, to allow expansion of the parking lot serving Pediatric Associates, the medical clinic located immediately west of the subject property. Parking areas associated with a use may only be located within zones in which the principal use is permitted. Because a medical clinic is not a use permitted in the RNC -20 zone, the parking lot serving this use may not be located in that zone. The applicant, therefore, wishes to rezone this parcel from RNC -20 to CO -I to allow redevelopment of the site for off- street parking for the medical clinic, a use allowed in the CO -1 zone. ANALYSIS Rezoning the site to CO -1 would allow expansion of the parking area serving the medical clinic as well as permit conversion or redevelopment of the property for any use permitted in the CO -1 zone. In 1981 and 1982, landowners of property in the area identified as the Inner City Area in the 1983 Comprehensive Plan Update, sought to halt the erosion of the neighborhood caused by redevelopment of the area for multi- family residential use. The area, over several decades, experienced a state of transition from neighborhoods of predominantly older, single- family detached residences to much higher density, multi -family develop- ment. This change was facilitated by zoning in the area that permitted a more intensive land use designation for the inner city based on the assumption that close -in rental housing units were needed and appropriate for the area. Over time, single-family, detached units had been converted into apartments or rooming houses or demolished to make room for new multi -family structures. Residents of the area requested that the area be downzoned in an effort to stabilize the neighborhood by removing incentives to demolish existing structures and reconstruct at higher densities. While the mix of multi- family development as a result of conversion of larger, older structures was not as objectionable, residents were opposed to demolition of existing structures and construction of dwellings that did not reflect the tenor of the residential neighborhood. Neighbors were primarily interested in preservation of the existing housing stock and historic structures and recognized that the viability of these structures and the neighborhood rested on the ability of the buildings to be converted to uses that made them economically viable. Conversion of a dwelling unit from single-family to multi -family use allowed an increase in available dwelling units while generally maintain- ing the integrity of the original structure and, thus, the neighborhood. After several months, a balance was struck between residents of the area and development interests by the establishment in December, 1982, of the RNC -20 zone, a zone which seeks to encourage conversions over redevelop- ment and yet recognizes the validity of existing higher density apartments by granting them conforming status and, thereby, perpetuating their exis- tence. This balance, however, stabilizes the residential character of the area. #so Except for the lot currently occupied by Pediatric Associates, the 1983 Comprehensive Plan Update, adopted in February, 1983, recommends that both sides of the block of East Jefferson Street between Johnson and Dodge streets develop for residential purposes at a density of 16-24 dwelling units per acre. The RNC -20 zone reflects this medium density range. A medium density designation represents existing densities found in the area. According l the 1983 Update, "[a] designation which reflects current use will help to preserve existing housing stock in those neigh- borhoods which have undergone transitions but still give the visual density areas aression of taintendedintoeservefamil ashtransiti(onsebetween The edmedium residential neighborhoods and higher density development. The lot occupied by the pediatric clinic was formerly owned by the Iowa City Community School District and is shown as park/school/open space use on the short-range plan. The property was conveyed to a group of phy- sicians in October, 1983, construction of the medical office commenced in January, 1984, and the Certificate of Occupancy for the structure was issued in November 1984. The property had been rezoned to c0-1 with the adoption of the Zoning Ordinance in December, 1983. While the 1983 Update notes that "[t]he maps presented in the Comprehen- sive Plan outline in a general fashion the location of different land uses" it goes on to say that "...it is the zoning map...which specifically sets forth the uses and densities of use possible on any particular site". (page 35) The RNC-20/CO-1 boundary line was purposely set east of the clinic site to protect established residential properties north and east of this boundary. Residential properties north of the pediatric clinic are already exposed to the potentially inharmonious impacts of a commercial use directly across the street from the front yards of these residential properties. Expansion of this commercial use to the east is inconsistent with the attempt to conserve older, established residential neighborhoods by preserving the existing housing stock through conversions to other residential uses. Expansion of the CO -1 zone to the east would intensify the situation of dissimilar uses facing one another. Demolition of the single-family dwelling and redevelopment of the site for a use permitted in the CO -1 zone would be inconsistent with the residential qualities of the area. The boundaries of potentially incompatible zoning districts should preferably occur along alleys and rear lot lines; that way, like uses are maintained on both sides of a street and the less intense use is not continuously exposed to the activities associated with the more intensive use. The integrity of a particular land use classification can, there- fore, be preserved and the stability of a neighborhood maintained. The property at 615 E. Jefferson St, was intentionally included in the RNC -20 zone since it included a residential structure consistent with surrounding residential properties and perpetuated the efforts to thwart erosion of the residential characteristics of the area. The proposed rezoning is inconsistent with the established and predominant land use patterns and could be incompatible with the use and enjoyment of surrounding residen- tial properties. I/S-6 STAFF RECOMMENDATION: Staff finds the proposed rezoning from the RNC -20 zone to the CO -I zone of property located at 615 E. Jefferson St. to be contrary to the 1983 Comprehensive Plan Update and incompatible with the residential character of the area and surrounding land use patterns which could threaten the stability of this neighborhood. Staff, therefore, recommends that the request to rezone this property be denied. ATTACHMENTS: Location Map. Surrounding land uses. Letter of submittal. l Z Approved by: i ,- �� -ewe Donald S meiser, Director Department of Planning and Program Development 4So J I i i 1 1-I 1 t i I MARKET m JEFFERSON 0 w IOWA 9 Of o� WASHINGTON FFI F- X W _z _m J=(DI BURLINGTON 606 E. Jefferson: Fops^-plex 608 E. Jefferson: Owher-occ. 610 E. Jefferson: Owner-occ. 612 E. Jefferson: 12-plex 622 E. Jefferson: Owner-occ. 630 E. Jefferson: Owner-occ. m ATTACHMENT 2 SURROUNDING LAND USES 11111::'m �I::Illl�i 1llli = �_ Single-family 605 615 E. E. Single-family 623 E. Single-family 629 by E. Single-family 631 E. by Jeffer on: Pediatric Associates Jeffer�on: Single-family Jefferson: Six-plex - One unit occupied building owner Jefferson: Tri-plex Jefferson: Duplex - One unit occupied building owner ASO WILL J. HAYEK (1026.196[) JOHN W. HAY[R C. PETER HAYEK C. JOSEPH HOLLAND JAMES C. LAREW DAVID E. GROWN ATTACH-1ENT 3 HAYEK, HAYEK. HAYEK a HOLLAND ATTORNEYS AT LAW OREMER BUILDING 120% EAOT WASHINGTON ETRE" IOWA CITY. IOWA 02240-3976 December lo, 1987 Ms. Marian Karr City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: Rezoning Application of First National Bank, Iowa City, Iowa Dear Marian: Please find enclosed three copies of a Rezoning Application being filed on behalf of First National Bank, Iowa City, Iowa, concerning property located at 615 East Jefferson street, Iowa City, Iowa. By way of explanation, First National Bank recently obtained title to this property through court proceedings. This property is located immediately to the east of the offices of Pediatrics Associates of Iowa City. The zoning of the doctors' offices is Co -1. The improvement located at 615 East Jefferson Street is in need of Associates ofgIowa ccity ant rhave rindicated lasPediatrics at significant need for additional parking for their offices and have expressed an interest in obtaining this property for the purpose of expanding their parking. Consequently, this application. Ve t ly yours, C. eter Hayek CPH:sld Enclosures cc: Lynn Rowat AREA COOL 3t2 337-9606 ySD V P City of lows City MEMORANDUM Date: January 18, 1988 To: Karin Franklin, Senior Planner From: Richard Boyle, First Assistant City Attorney 1f1� Re: Conditional Zoning This is in response to your January 13, 1988 memorandum. Iowa Code (1987) Section 414.5 says, among other things, that in a rezoning, "A Council may impose conditions on a property owner which are in addition to existin re ulations.... The conditions must be reasonable an impose o sates y pu is needs which are directly caused by the requested change." One interpretation of that provision is that the only conditions permitted are performance standards. That interpretation is supported by court deci- sions which hold that conditions must be aimed at minimizing the poten- tially deleterious effect of a zoning change on neighboring properties. Furthermore, conditions are probably invalid if they are beneficial to only one property owner. That would appear to be illegal spot zoning rather than proper conditional zoning. I agree with your conclusion that the Commission and Council cannot rezone a property for a single use permitted within the new zone. tpl/4 #-S-6 City of Iowa City MEMORANDUM DATE: 5 February 1988 TO: Planning & Zoning Commission r FROM: Richard J. Boyle, First Assistant City Attorney f RE: Request for Rezoning: 615 E. Jefferson Street As requested, I have compared this request to other rezoning requests. Two earlier CO -1 rezoning requests have been made for property in the RNC -20 zone, one for 19 Evans Street (Dr. Dull) and one for 528 Iowa Avenue (Emmit George). In both cases, it was concluded that the proposals were inconsistant with the intent of the RNC -20 zone - preservation of the character of the existing neighborhoods by preserving the existing housing stock for residential uses. Approval of this request could be interpreted as being inconsistant with the earlier actions. O WILL J. HAYEK (1696-1982) JOHN W.HAYEK C. PETER HAYEK C. JOSEPH HOLLAND JAMES C. LAREW DAVID E. BROWN HAYEK, HAYEK, HAYEK & HOLLAND ATTORNEYS AT LAW BREMER BUILDING 1201/z EAST WASHINGTON STREET IOWA CITY. IOWA 52240.3975 February 19, 1988 Mr. Donald Schmeiser Director Department of Planning and Program Development 410 East Washington Street Iowa City, Iowa 52240 Re: First National Bank Rezoning Application Z-8710 Concerning 615 East Jefferson Street Dear Don: As you may know, at the formal Planning and Zoning Commission meeting on February 18, 1988, the Commission turned down the above -referenced rezoning request by a vote Of two members for, and five members against. Please let this letter constitute the applicant's request that this application now be forwarded to the City Council for consideration. On behalf of the applicant, I extend our appreciation for the Commission's consideration. I assume that we will be notified when this will be considered by the Council. Thank you very much. Ve truly yours, C. Peter Hayek CPH:mem cc: Tom Scott Dr. Peter Wallace Lynn Rowat L. Jay Stein F E 8 23 108'1 P.P.D. DEPARTMENT AREA CODE 319 337.9606 �Sr7 V .P 1 FORMALSMEETING RED PEO PLANNING & ZONING COMMISSION THURSDAY, FEBRUARY 18, 1988 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Scott, Wallace MEMBERS ABSENT: None STAFF PRESENT: Beagle, Boyle, Kritz CALL TO ORDER: Chairperson Scott called the meeting to order at 7:33 p.m. RECOMMENDATIONS TO CITY COUNCIL: Recommend denial of a request submitted by First National Bank to rezone property located at 615 East Jefferson Street from RNC -20 to CO -1. PUBLIC DISCUSSION: There was no public discussion. CONSIDERATION OF MINUTES OF FEBRUARY 4, 1988: Dierks moved to approve the minutes of February 4, 1988. Wallace seconded the nation. The motion carried 7-0. ZONING ITEMS: Z-8803 and S-8803. Public discussion of a request submitted by Michael Hodge Construction to rezone a 0.71 acre parcel, located north of Cae Drive and west of Cambria Court, from PDH -8 to RS -8 (Z-8803). Public discussion of a request submitted by Michael Hodge Construction for ap- proval of a preliminary and final plat for Cambria Court Subdivision, Part 2, a three -lot, 0.71 acre subdivision located north of Cae Drive and west of Cambria Court (S-8803). Beagle reported that in November of 1979, an amended planned area develop- ment (PAD) plan and subdivision plat of Lot 90, Ty'n Cae Subdivision, Part 2, was approved which established a six lot subdivision containing 68 multi -family units. The applicant proposes to resubdivide Lot 93, a 0.71 acre lot, into three (3) duplex size lots. Proposed lot sizes will range from 9,170 square feet to 10,881 square feet. The applicant proposes to construct one (1) condominium duplex on each lot. To permit the resub- division of the lot, the applicant is seeking to rezone Lot 93 from PDH -8 to RS -8. An eight (8) unit townhouse could be constructed on the lot as presently zoned. In March 1987, the applicant succeeded in rezoning and resubdividing Lots 94 and 95 immediately to the north, into seven (7) lots zoned RS -8. This request is similar to the applicant's previous request with regard to lot sizes and his intention to build one (1) condominium duplex on each lot. PLANNING Z ZONING COMMISSION FEBRUARY 18, 1983 PAGE 2 Rezoning the parcel would result in the development density of the lot being reduced from eight (8) dwelling units to six (6) dwelling units. The subject rezoning is consistent with the land use designation of the Com- prehensive Plan for this area, and would permit development consistent with the character of surrounding land use patterns. The proposed subdivision represents a typical conventional subdivision and is in substantial compliance with the City's subdivision regulations with the exception of a few minor deficiencies. Staff recommends that the proposed rezoning of Lot 93, Ty'n Cae Subdivi- sion, Part 2, from POH-8 to RS -8, be approved. In addition, staff recom- mends that the preliminary and final plat of Cambria Court Subdivision, Part 2, be approved upon resolution of the deficiencies. Scott commented that it is the policy of the Commission to conduct two meetings for public discussion on rezonings, and so would entertain a motion to defer this item. Clark moved to defer items Z-8803 and S-8803 to the Planning and Zoning Commission meeting of March 3, 1988. Dierks seconded the motion. The motion carried 7-0. Z-8804 and S-8801. Public discussion of an application submitted by Hunter's Run Development Company to rezone the site of Hunter's Run Subdi- vision, Parts 2 and 3, and a 57.66 acre tract immediately to the west, from PDH -5 to RS -5 (Z-8804). Public discussion of a request submitted by Hunter's Run Development Company for approval of an amended preliminary plat and planned development housing plan to establish a 115 lot, 57.66 acre subdivision known as Hunter's Run Subdivision - Parts 4-9, and lo- cated north of Rohret Road and west of Highway 218 (S-8801). Beagle reported that the applicant proposes to develop the remaining 57.66 acres of Hunter's Run Subdivision as a conventional single-family residen- tial subdivision. Currently, the area zoned PDH -5 with the original preliminary plat, Planned Development Housing and Large Scale Residential Development plans approved on February 10, 1981. The applicant is seeking to rezone that portion of Hunter's Run Subdivi- sion located north of Rohret Road from PDH -5 to RS -5. The subject rezon- ing would allow the continued development as a conventional single-family residential subdivision. Part 1, the area south of Rohret Road, is not part of this rezoning request. Under the amended PDH plan approved in 1984, Hunter's Run Subdivision was approved for a total of 255 dwelling units. Parts 1-3 have been platted as a conventional single-family subdivision with Parts 2 and 3 platted at an RS -5 standard. The applicant desires to subdivide the balance of Hunter's Run, the 57.66 acres, in a manner consistent with Parts 2 and 3. Rezoning the subject parcel would reduce the overall development density by eliminating the duplex and multi -family units approved under the POH 1 plan and would permit the development of a conventional single-family J residential subdivision consistent with Parts 2 and 3. PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 PAGE 3 the proposed subdivision is in general compliance with the subdivision regulations and the dimension requirements of the Zoning Ordinance for the RS -5 zone. The subdivision provides for the continuation of Duck Creek Drive and Foxana Drive from Hunter's Run, Parts 2 and 3. Duck Creek Drive is designed as a collector street with a minimum right-of-way dimension of 66 feet and a minimum pavement width of 31 feet. Both Duck Creek Drive and Foxana Drive are proposed to extend to the west boundary of the subdi- vision. The existing PDH plan makes no provisions for the extension of streets to the west. It is essential to the growth and development of new and expanding residential areas to provide for the continuation of streets; the proposed plat accomplishes this objective. Staff recommends that the proposed rezoning of Hunter's Run Subdivision, Parts 2 and 3, and the 57.66 acres remaining to be developed be rezoned from PDH -5 to RS -5. In addition, staff recommends that the preliminary plat for Hunter's Run Subdivision upon resolution of the deficiencies and discrepancies listed be approved. Scott noted that like the previous items, this should be deferred for a second meeting of public discussion. Wallace moved to defer items Z-8804 and S-8801 to the Planning and Zoning Commission meeting of March 3, 1988. Cook seconded the motion. The motion carried 7-0. Z-8802. Public discussion of a request submitted by Kenneth and Shirley a—nsfaw to rezone property located at 1014 and 1016 Hudson Avenue from RS -8, Medium Density Single -Family Residential Zone, to CC -2, Community Commercial Zone. Scott called the Commission's attention to a letter received from William Sueppel, attorney for the Ranshaw's. "Dear ladies and gentlemen: This will be to advise you that we are withdrawing zoning application Z-8802 effective immediately. Thank you for your consideration in this matter. Very truly yours, William Sueppel." Scott opened the meeting for public discussion. Karen Hradek, 924 Hudson Avenue. Hradek asked if the application had been withdrawn. Scott replied that it had been withdrawn. Hradek expressed her concern over the potential encroachment of the commercial zone upon on the neighborhood. When trying to come up with some positive aspect of this rezoning upon her neighborhood, Hradek said she couldn't come up with a single one. She went on to explain that there will be many nuisances if the commercial zoning is allowed; including increased traffic levels in the neighborhood. She urged the Planning and Zoning Commission to consider maintaining residential land uses on Hudson Avenue to Highway 1 when reviewing the Comprehensive Plan. Norvil Tucker, 16 Prairie du Chien Road, told the Commission that he owns the house immediately south of the Ranshaw's property on Hudson Avenue and rents its out as a residential use. He does not support the rezoning as it will have negative effects on the neighborhood. In addition, Mr. Tucker supports a change in the Comprehensive Plan from commercial to 4So PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 PAGE 4 extending the residential zoning of this neighborhood down to Highway 1. Scott asked Beagle to make a note that they discuss this land use designa- tion change in the area of Hudson Avenue and Highway 1 when considering the Comprehensive Plan update. Z-8710. Public discussion of a request submitted by First National Bank to rezone property located at 615 East Jefferson Street from RNC -20, Neighborhood Conservation Residential Zone, to CO -1, Commercial Office Zone. Beagle reported the staff had nothing further to add on this item. Peter Hayek, attorney representing the applicant, commented that the Commission knows all of the relevant facts, that Pediatrics Associates requires the expansion of their parking facilities for patients and staff and wants to accomplish this by developing a parking lot at 615 East Jefferson Street. Hayek asked the Commission to consider that one neigh- bor endorses the removal of the house located on that lot and that all he and his clients are asking the Commission to do is to eliminate the di- lapidated house and put in some much-needed parking spaces. Hayek ex- plained that it canes down to who is harmed. He asked if it is a decision based on former decisions, or is it a matter of common sense. Hayek indi- cated that as far as he knew, there have not been any negative comments regarding this application from neighbors. This rezoning would facilitate business and Mr. Hayek asked the Commission to carefully consider their decision. Clark moved to approve the rezoning of property located at 615 East Jefferson Street from RNC -20 to CO -1. Wallace seconded the motion. Cook commented that in his opinion the physical aspects of the house are that it needs obvious repair, there is no architectural significance of the structure and as a whole it has a deteriorating effect on neighboring properties. Economically, with the water turned off and the obvious lack of maintenance, the property is of limited practical worth as a rental unit. His reading of the Comprehensive Plan does not state that the expansion of the commercial zone in this case would be prohibited. After reviewing the 19 Evans Street application which the Commission recommended for denial, Cook indicated there does seem to be differences between the two applications that would warrant approval of this application without the danger of reversing an established precedence. He felt another ques- tion was where will the commercial line in this area be drawn. He said the line will be drawn where it is physically, economically and aesthetically viable. The house therefore should be rezoned. Cook feels that preserving the housing stock should be done when it enhances a neigh- borhood. He said in this case it would not. Clark stated that he is voting for the rezoning, but would like the appli- cant to pay considerable attention to the drainage from the proposed parking lot to avoid potential problems. 4156 PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 PAGE 5 oierks commented that she had considered this application carefully. At this point, she feels that the Comprehensive Plan designates this area as an RNC -20 zone and any changes should wait until the Commission has had a chance to update the Comprehensive Plan. Because of that she must vote against this rezoning. Hebert commented that many people want changes, but indicated that some- where we must stop the constant nibbling away of zoning districts. He said that if we don't maintain zoning boundaries, the districts will mean nothing. Further, he felt that the Commission could not reverse its prior decisions which would only create even more problems. Hebert said he would vote against this application. Scott commented that the Commission considered a conditional rezoning of this property and that he had asked staff to consider this potential. Scott then referred to a memo from Legal staff of January 18, 1988, which said in part, "Conditions are probably invalid if they are beneficial to only one property owner. That would appear to be illegal spot zoning rather than proper conditional zoning. I agree with your conclusion that the Commission and Council cannot rezone a property for a single use permitted within the new zone." Wallace commented that she wanted to congratulate the applicant on desir- ing to add more parking than is required. She said most applicants tend to favor a reduction in the amount of parking required. Wallace said that her concerns expressed at Tuesday's informal meeting brought her to the conclusion that she would have to vote against this rezoning. Cooper commented that he would like to see the house torn down; however, he doesn't believe in spot zoning and that's what approving this applica- tion amounts to. He said he too would vote against it. Scott commented that from the discussions here tonight and at the informal meeting Tuesday night, one could see that there is considerable unease and frustration on the part of the Commission members involved with this application. Scott said he feels one of the biggest issues faced by public bodies is one of fairness in their decision making process. And, the other issue is one of consistency. He said that the reasoning proc- ess he used for the decision on the Emmit George property is the same reasoning process that is relevant in this application, and to be fair and consistent, this decision must be based on that process. Because of that, he said he could not support this rezoning. In addition, he said he did not take a position on the destruction and removal of the house in ques- tion because that issue requires considerably more study and is specula- tive in nature. The motion was defeated 2-5, with Cook and Clark voting in the affirmative. Cooper moved to deny the rezoning of property located at 615 East Jefferson Street from RNC -20 to CO -1. Wallace seconded the motion. The motion carried 5-2, with Cook and Clark voting nay. PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 rAGE 6 Z-8801 and Item N3. Public discussion of an application submitted by Northwestern Be -TT -Telephone Company to rezone property located at 302 South Linn Street from CB -2 to CB -10. In conjunction with this item: Public discussion of a proposed amendment to Section 36-58 of the Zoning Ordinance to eliminate off-street parking requirements for offices and business service establishments in the CB -2 zone. Beagle reported that there are two options. First, to rezone the appli- cant's property from CB -2 to CB -10 as requested by the applicant, or to amend the parking regulations by eliminating the off-street parking re- quirements for office and business service uses in the CB -2 zone. Staff recommends adoption of the amendment to Section 36-58 of the Zoning Ordi- nance. Gary Lundquist, of the Downtown Association, stated that his organization supports the amendment to the Zoning Ordinance. Lundquist stated, how- ever, that if this would cause considerable delays in the decision-making process, his organization could support the rezoning of the property so as to see the Northwestern Bell building fully developed as soon as possible. He said this kind of development would help fill up the Dubuque Street parking ramp as it is being under-utilized at this time. He also said that it would be a shame to allow the Northwestern Bell building to remain half empty. He continued by saying that after the new Zoning Ordinance was adopted in 1983 requiring parking in the CB -2 zone, development has been very limited and as such has caused a negative impact an economic development in Iowa City. Jerry Meis, President of the Greater Iowa City Area Chamber of Commerce, stated that the Board of Directors had requested that the Commission consider approving the amendment to Section 36-58 of the Zoning Ordinance. Meis stated that the Northwestern Bell building has many potential aspects that are beneficial to this community in terms of employment. He indi- cated it has switching equipment important for telecommunications, com- puter operations and laser operations that could help provide employment in Iowa City. He said we need to weigh the zoning value in terms of community betterment. Meis said we cannot delay a decision on the use of this building. The need for employment and addition to our community's tax base are too important. Pat Grady, Executive Vice -President of the Chamber of Commerce, stated that he also endorses staff's recommendation for an amendment to Section 36-58 of the Zoning Ordinance. Grady also noted that Planning and Zon- ing's intent to defer this item until the Commission and City Council can go over downtown development and parking availability is a worthwhile undertaking. However, Iowa City is known as a place that is difficult to develop in. Lately there has not been very much industrial -based employ- ment coming into the City. In addition, student enrollment is going down and it is projected to continue to do so. The Northwestern Bell building represents a future area of growth, in fact the Iowa Department of Eco- nomic Development has defined one of the future areas of growth in the 1 State of Iowa to be in the telecommunications, telemarketing industry. The Northwestern Bell building is a perfect resource to compete in this field. Grady stated that he appreciates the problem with parking in Iowa City, �SO PLANNING R ZONING COMMISSION FEBRUARY 18, 1988 PAGE 7 but that to solve parking problems, they must be looked at on a commu- nity -wide level. Currently, the Northwestern Bell building cannot be fully utilized as presently zoned. The building has been shown to pro- spective clients, but the zoning restrictions simply are too restrictive. Grady concluded by saying that his organization supports the staff recom- mendation to amend the parking requirements because this building needs to be utilized. Further, there should not be a lengthy delay in coming to a decision on this matter. Dierks inquired as to how many employees would be added to Iowa City's workforce if the building was fully utilized. Grady replied that the U of I has already rented space, but he does not know how many total jobs would be possible by the full utilization of the Northwestern Bell building. Cooper asked when Northwestern Bell become aware of its building's poten- tial. Grady replied that six to eight months ago they discussed the potential of this building with Northwestern Bell. Cooper inquired why they didn't cane to the Planning and Zoning Commission earlier. He said the Commission is always seeking input from other City organizations. Grady replied that this effort has been a process over the last few months between the State's economic development people and his organization to discover the potential of telecommunications in Iowa. Grady also com- mented that his organization has a new commitment to the governmental decision-making process and that his organization promises better coopera- tion with local boards and commissions. Clark commented that if the Commission were made aware of problems such as this area brings forth, the Commission could provide timely solutions. Wallace commented that she feels that many of the people here tonight do not appreciate the problems of parking in the downtown area. However, she also felt that all here tonight agree that the building has a potential for utilization and devel- opment. Wallace concluded though by saying that the parking problem won't go away and needs to be addressed. Phillip Leff, Northwestern Bell representative, stated that Northwestern Bell would like a decision as soon as possible, and if necessary, would go to Council, make their presentation and let Northwestern Bell re-evaluate the future of their building once that decision has been made by Council. Leff informed the Commission that he had been empowered to extend this application for 30 days and asked whether that was long enough for the meeting with the City Council. Scott replied that to be realistic the Commission would need a waiver until the April 21st formal meeting. Leff replied that he could waive this application until April 21 for the formal meeting of the Planning and Zoning Commission. Leff added that he hoped during the Commission's meeting with the Council they carefully examine the utilization of the Dubuque Street parking ramp as the Northwestern Bell building is as close as anyone to that ramp, and hence, will provide plenty of parking for new development within that building. Hebert com- mented that it would be wonderful to fully utilize that ramp, but inquired as to the high cost of parking for employees and questioned whether they would pay for it. Leff replied that perhaps the parking fees could be lowered in the downtown area to promote people coming to the downtown. Lundquist stated that 275-300 empty spaces is the average at the Dubuque Street ramp. Lundquist also stated that there is an insufficient number of free parking spaces in Iowa City, but there are a sufficient number of /f5o PLANNING L ZONING COMMISSION FEBRUARY 18, 1988 PAGE 8 metered and ramp parking. Clark stated that he would like the Downtown Association's opinion on the expansion of the CB -10 zone southward. Lundquist replied that his feelings would be that the Downtown Association would be in favor of the amendment to the Zoning Ordinance and not the expansion of the CB -10 zone. Clark stated that the Commission's thinking was for removal of the parking requirement for office only and asked how the Downtown Association would feel about removing the parking requirement for all businesses in the CB -2 zone. Lundquist replied that he was not sure on that point, but stated that a Board meeting was scheduled for next Tuesday and that the Association could discuss it at that time. Clark commented that that's the kind of information the Planning and Zoning Commission would find helpful in making decisions. Frieda Hieronymus, 3322 Muscatine Avenue, stated that any new employees in the downtown area will utilize the bus system if they can't find parking. She further stated that both the bus system and the parking ramp on Dubuque Street are under-utilized, and anything we can do to encourage their usage would be a benefit to the entire community. Craig Welt, Chairman of the Governmental Affairs Committee of the Chamber of Commerce, stated that in the past the Chamber has not been active with other governmental commissions and boards. But he said that they were changing and will continue to work toward their goal of better coordina- tion with boards and commissions. Welt also stated that there was a great opportunity here for utilization of the Northwestern Bell building, the parking ramp on Dubuque Street, and the bus system. Welt was concerned with the length of time that a decision could take and the loss of poten- tial opportunities. Dierks moved to defer Item Z-8801 and the proposed amendment to Section 36-58 of the Zoning Ordinance to the April 21st formal meeting. Hebert seconded the motion. Clark commented that he was not against utilization of the Northwestern Bell building; however, he was against rezoning a single building and/or dropping the parking requirement for one type of use in a zone. Clark also emphasized the need for speedy decisions in the business world and empathized with the business community in this regard. Scott noted for the public record that Jay Honohan and Dave Cahill spoke in opposition to both the rezoning and the amendment to the Zoning Ordi- nance at the last Planning and Zoning formal meeting. Gene Kroeger, by correspondence, stated that he would support a rezoning only if the entire adjacent CB -2 area was rezoned to CB -10 and could agree to the amendment to the parking regulations. Hebert commented that he felt that Clark accurately summed up his feelings. Dierks commented that she does not see rezoning as a viable alternative and a consideration should be made to raising parking fees so that people would use Park and Shop or take the bus if they weren't shopping. Wallace commented that parking is a very frustrating problem and would like more information on how the bus system ties into parking in downtown Iowa City. In addition, she wished that the deferment wasn't for such a long period of time. PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 PAGE 9 Cook commented that the CB -2 zone in its entirety covers approximately 19 blocks. He was concerned about the expansion of the CB -10 zone as it is still under-utilized and thus, is not in favor of the rezoning. Cook also commented that the proposed staff amendment to the Zoning Ordinance doesn't include a clear enough definition of business service establish- ments to determine what is exempt from the parking requirements. This is a big decision for economic development in this town and it is very impor- tant; however, parking is also important. Cook mentioned that he would like more details on the possibility of a special exception for parking from the Board of Adjustment. Scott replied that at his request staff had an informal discussion on the possibility of a variance. Staff informally evaluated that possibility and could not reach consensus on a recommendation. Scott continued by saying that the City would not make a long-term commitment to lease spaces in the ramp and thus a special exception to the parking requirement would not work under present City policy. Scott further stated that the present zoning including the parking re- quirements now enforced, were in response to parking problems around the CBD area. He said the elimination by amendment of the parking requirement will adversely affect other uses in the CB -2 zone. Neither proposal solves the problem at hand. And, until the City Council says that either the City will provide the parking and/or a commitment to the transit system to support a higher usage in the CB -2 zone and/or move the CB -10 zone south of Burlington Street, he would have problems supporting either change. Scott requested that the Downtown Association and Chamber of Commerce look at the two proposals, because they as business people should measure the effect of these changes and judge how they will affect their uses in those zones. Specifically, he would like to know how their members feel about moving the CB -10 zone south from Burlington Street to Court Street bounded by Gilbert on the east and Clinton on the west. Scott asked that if these organizations could get something to the Commission by their April 7th meeting it would allow the Commission time to discuss it before their meeting on the 21st. Scott concluded by saying that he atpreciated tonight'sthe meeting. The nation nce of everyone their input carried 6 1. with Wallace voting nay. OTHER BUSINESS: Chairperson Scott appointed Commissioner J.C. Cook to the Historic Preser- vation Commission for a period of six months. PLANNING AND ZONING INFORMATION: Beagle handed out information of interest to the Commission. Beagle also notified the Commission of an upcoming resolution by the City Council to honor Margaret Nowysz for her work with the Historic Preservation Commis- sion. Cooper went over the topics discussed at the Governmental Affairs meetinhe area aroundgmercy Hosplital added0tonthe pending list for cil meetin. Scott areviewoata hve t anthe the Compre- hensive Plan Update. PLANNING & ZONING COMMISSION FEBRUARY 18, 1988 PAGE 10 ADJOURNMENT: Cook moved to adjourn the meeting. Cooper seconded the motion. The motion carried 7-0. The meeting was adjourned at 9:40 p.m. Minutes submitted by Kyle L. Kritz. .�.� 6� u� Approved by: �,e��.;¢./ir�- , �/ Fete Cooper, secretary u SSD W RESOLUTION NO. 88-51 RESOLUTION APPROVING THE PRELII4INARY PLAT OF A RESUBDIVISION OF HIGHLAND HEIGHTS SUBDIVISION, OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, William and Sheila Boyd, Leona McGurk, and Michael and Mary Jensen, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of a resubdivision of Highland Heights Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recom- mended 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 pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of a resubdivision of Highland Heights Subdivision is hereby approved. It was moved by J�mbrisco seconded by Resolution be adopted, and upon ro call there were: Strait the AYES: X X_ —X X_ Passed and approved this NA YS ABSENT: AMBRISCO COURTNEY _ X DICKSON HOROWITZ LARSON MCDONALD STRAIT S.tl>_ day of Anil 1988 > IM Approved as to Form ATTEST: ��-�// nn4 3 l.E—OALIr nl� 7 '7- JORM MICROLAB N�tYCtY K...,. SERIES MT -8 OF PRECEDING DOCUMENT Y r RESOLUTION NO. 8888=51 RESOLUTION APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF HIGHLAND HEIGHTS SUBDIVISION, OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, William and Sheila Boyd, Leona McGurk, and Michael and Mary Jensen, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of a resubdivision of Highland Heights Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recom- mended 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 pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of a resubdivision of Highland Heights Subdivision is hereby approved. It was moved by Axibrisco and seconded by Strait the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO —�— COURTNEY _ DICKSON HOROWITZ — X_ LARSON --X_ MCDONALD X_ STRAIT Passed and approved this Sth day of ril 1988.98YOR A� Approved as to Form ATTEST: 3 tt t LEG' -6E �S 7 STAFF REPORT To: Planning 8 Zoning Commission Prepared by: Barry Beagle Item: S-8806. Resubdivision of Highland Date: March 17, 1988 Heights Subdivision GENERAL INFORMATION: Applicant: William Boyd Requested action: Purpose: Location: Existing land use and zoning: Existing improvements: Fringe area: Applicable regulations: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: .w Timberland Place Iowa City, Iowa 52240 Phone: 337-3081 Preliminary plat approval. To establish a five -lot residential subdivision. Approximately two -miles north of Iowa City at the southeast corner of the intersection of Dingleberry Road and Highway 1. Agricultural; RS -3 - 41.05 acres. Residential; RS - 3.0 acres. Two single-family residences. Area 4. Provisions of the Iowa City Subdivision Regulations, Stormwater Management Ordinance, Fringe Area Policy Agreement, and City Rural Design Standards. February 12, 1988. March 28, 1988. Public utilities are not presently available to this area. A private common well and water distribution system approved by the Johnson County Health Department has been established. Sewage disposal will be provided by individual septic tank systems. An easement for telephone, electricity and gas service has T�7 I Page 2 Public services: Transportation: Physical characteristics: ANALYSIS: been designated adjacent to Timberland Place. Police protection is provided by Johnson County. Fire protection is provided by the Solon Fire Department. The site is accessible from Dingleberry Road via Timberland Place, an existing two-lane private road. The site is gently sloping, draining to a low point in the south central portion of this tract. Background: In August 1986, the City Council approved the preliminary and final plats of Highland Heights Subdivision, a 45 -acre, 4 -lot subdivision. Three of the lots ranged in size from 1.0 acre to 1.53 acres with one acre of each lot zoned RS, Suburban Residential. (See Attached Plat.) Lot 4, 41.05 acres in size, was zoned A-1, Agricultural, and has been used for agricultural purposes. In 1987, Lot 4 was rezoned from A-1 to RS -3, Suburban Residential (1 DU/3 A) in anticipation of constructing homes on larger lots for each of three family members. Since then a house has been built on Lot 3 with the owner retaining interest in Lot 2 for more open space. A second home has been constructed on Lot 1, and likewise the owner of this lot also desires more land area. A third family member would like to build a home on a large lot east of Lot 1. The applicant seeks to resubdivide the 45 -acre Highland Heights Subdivision into five T5ots with 5.2 cres. he 1proposed subdivdisionlissineSsubs ranaintialrocompliancee with ng fm 4.4acrs to 2applicable rules and regulations and the density requirements for Area 4 and the RS -3 Zone. Fringe Area Policy Agreement. Highland Heights Subdivision is located at the northern boundary of Iowa city's two-mile extraterritorial jurisdic- tion, at the southeast corner of the Highway 1/Dingleberry Road intersec- tion. Located east of Highway 1, the Area 4 development policy permits residential development at a density of one (1) dwelling unit per three (3) acres. Since annexation of this area is not anticipated in the foreseeable future, Level 3 City Rural Design Standards apply. Transportation. Access to this development is currently provided by a two-lane private road known as Timberland Place. Access to all lots will be provided by the extension of Timberland Place approximately 300 feet south, resulting in a double cul-de-sac configuration. A private, common well which serves the entire subdivision is located in the center of the existing cul-de-sac, prompting the applicant to retain this cul-de-sac. Staff would prefer to see a curve in place of the northern most cul-de-sac if it is possible to work around the existing well. The design of the proposed road extension complies with present County road improvement standards as specified in the Level 3 design standard. Due to topographic V Page 3 conditions limiting sight distances on Dingleberry Road, a note has been placed on the plat which prohibits direct lot access to Dingleberry Road. At the time of final plat approval, the Subdivider's Agreement should also note the prohibition of individual lot access to Dingleberry Road. Stormwater Management. Stormwater management was approved with the preliminary and final plat of Highland Heights Subdivision in 1986. The stormwater management basin shown on the plat was approved at that time. Due to the change in the subdivision, revised stormwater management calculations need to be submitted. Utilities. Water service will continue to be provided by a private common well and water distribution system previously approved by the Johnson County Health Department. The distribution system shown on the plat complies with Section 2.1 of the City Rural Design Standards. Sewage disposal will continue to be provided by individual lot septic tank systems approved by the Johnson County Health Department. For the extension of Timberland Place, Section 5.1 requires that telephone and electric utilities be placed underground, and has been noted on the plat. Fire Rating. A letter establishing a fire rating for the subdivision and accepting Highland Heights for fire protection was previously received with the subdivision in 1986. No further information is required at this time. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of the resubdivision of Highland Heights Subdivision be deferred, but, upon resolution of the deficiencies and discrepancies listed below, that it be approved. DEFICIENCIES AND DISCREPANCIES: 1. Indicate if a curve can work in lieu of retaining the northern -most cul-de-sac. 2. Submit revised stormwater management calculations. ATTACHMENTS: 1. Location Map. 2. Final Plat of Highland Heights Subdivision (1986). ACCOMPANIMENTS: 1. Preliminary Plat of a Resubdivision of Highland Heights Subdivision. Approved by: Dq ald Scimeiser, Director Department of Planning and " Program Development 115 S-8806 LOCATION MAP HIGHLAND HEIGHTS SUBDIVISION TNORTH �1531- Y W FINAL PLAT HIGHLAND HEIGHTS SUBDIVISION (i(ju) =__ '-= -= t3T-1 fr �i =__ '-= -= t3T-1 u a City of Iowa Citl MEMORANDUM DATE: TO: March IS. 1988 Barry Beagle FROM: Joyce J. Dei,ong� RE: Highland Heights Storm Water Management The storm water management plan is approved as submitted, (no revision of original basin is required). iST u A RESOLUTION NO. 88-52 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST ESTATES, PARTS THREE AND FOUR, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Seville Corporation, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Southwest Estates, Parts Three and Four; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and find that it meets the technical specifications of the City's Subdivision Regulations; 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 technical requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of Southwest Estates, Parts Three and Four, is hereby approved. It was moved by Anihrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY DICKSON _ HOROWITZ X LARSON X MCDONALD Y STRAIT Passed and approved this Sth day of rll 1988. Approved as to Form ATTEST: ) �f LE DEPARTMENT J as CIT CLERK X55 H STAFF REPORT To: Planning and Zoning Commission Item: S-8808. Southwest Estates Subdivision, Parts Three and Four GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: 45 -day limitation period: Prepared by: Monica Moen Date: March 17, 1988 Seville Corporation 410 Kirkwood Avenue Iowa City, Iowa 52240 Contact: Frank J. Eicher Phone: 351-2412 Approval of a preliminary sub- division plat. To permit development of 55 residential lots. North of Rohret Road, east of Phoenix Drive, approximately 1/2 mile west of existing Hunter's Run Subdivision. 21.85 acres Residential: 2-8 dwelling units/acre (out -of -sequence de- velopment). Agricultural; RS -5. North - Chatham Oaks Care Fa- cility; P. East - Agricultural; ID -RS. South - Single-family residen- tial; RR -1. West - Single-family residen- tial, Agricultural; RR -1. Provisions of the Zoning Ordi- nance, the Subdivision Regula- tions, and the Stormwater Management Ordinance. February 24, 1988 April 11, 1988 SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: ANALYSIS Zoning Ordinance Compliance Adequate water service is available. The developer proposes extending sanitary sewer service from the former County Care Facility site. Upon reconstruction of the municipal sewage treatment system, ade- quate sewer service is avail- able. Sanitation service will be provided by the City. Police and fire protection are avail- able. Vehicular access is available via Rohret Road at its inter- section with Phoenix Drive, the collector street serving this subdivision. Rolling farmland. The proposed subdivision is a 21.85 acre tract of land which is located in the RS -5, Low Density Single-family Residential zone. All of the proposed lots meet the minimum dimensional requirements specified within the Ordi- nance for property located in the RS -5 zone. Subdivision Code Compliance Plat Identification: On January 29, 1985, the City Council approved the final plat of Southwest Estates, Part One, a 4.6 acre, four -lot residential subdivision. Although each of the four lots fronts on Rohret Road, the subdivider and City agreed that only lots 1 and 4 of the subdivision, the eastern- and westernmost lots respectively, would have direct access onto Rohret Road. Lots 2 and 3, separated from each other by a common access easement which subsequently became Phoenix Drive, has no direct access onto Rohret Road. Instead, access to Rohret Road is obtained via Phoenix Drive. The applicant proposes to resubdivide lots 1 and 2 and to subdivide addi- tional land to the north for single-family residential lots consistent with the dwelling unit density permitted in the RS -5 zone. The title block of the proposed plat reflects that this plat includes the resubdivision of lots 1 and 2 of Southwest Estates Subdivision, Part One. Rohret Road Access: Rohret Road is expected, in the long range, to func- tion as an east -west arterial trafficway. Access to arterial streets is controlled. In order to facilitate the movement of large volumes of traf- fic, driveways are generally not permitted to have direct access to this V w 3 type of roadway. By agreement, however, direct access to lot 1 of South - Pest Epproval.ParThen proposedh plae via Roret toforwPartstThreee and Four tofeSouthwest lat aas the of final Estates continues to show that one lot (lot 18) would have direct access to this road. This arrangement is consistent with the previously approved agreement. Legal papers submitted with the final plat should specify, however, that direct access to Rohret Road is restricted to lot 18 of this subdivision. Street Patterns: The area identified as "Future Development" on the sub- ject plat illustrates how future development of the Southwest Estates tract could interface with establishe proposalt d road patterns and street patterns pro- posed iParts Three and Four of the Southwest Estates Subdivision. The allows for the continuation of Phoenix Drive which would serve, at a minimum, as a collector street for the Southwest Estates development. The roles Phoenix Drive and ao Road will play in the traffic circulation pattern for the southwest arreaea of Iowa City will be more precisely identi- fied when traffic circulation for the southwest area is evaluated. Never - sufficient flexibility such theless, Phoenix Drive, h that shown its in the prorole as posedweas the function of ll subdivision offers Slothower Road in serving the subdivision and the entire southwest area can be more precisely determined at another time. Two local streets in the proposed development are stubbed out to the east to connect this tract with future development of the tract east of South- west extension atof theses streets loeasterly,Survey beyondtopographic u hwestm Estates,caisaps indite that topo- graphically feasible. Other local streets in the future development concept are stubbed out to the north and west, terminate in cul-de-sacs, or are looped. Approval of this preliminary plat should not be interpreted as approval of the street patterns illustrated in the future development portion of the plat. A note has been provided on the plat indicating that the areas marked "Future Development" are not approved at this time. Driveway access for residential uses is discouraged on collector streets. Three lots within Parts Three and Four of this subdivision, however, must access directly onto Phoenix Drive (lots 19, 20, 27). By agreement, lot 2 of Part One of the Southwest Estates Subdivision (now lots 19, 20, 21) was required to access onto Phoenix Drive rather than onto Rohret Road. This restriction, therefore, requires certain lots in the vicinity of Rohret Road to access onto Phoenix Drive. The three lots that will access Phoenix Drive are not expected to significantly diminish the street's ability to circulate traffic. Future development of the western portion of the tract shows significantly more lots with direct access onto Phoenix Drive. Ap- proval of the plat for Parts Three and Four of this subdivision should not construe approval, however, of the lot configuration shown for the western portion of the tract. Secondary Access: Secondary access to the proposed development is not reflected on the subject plat. As development of the tract proceeds west - with erly, it is expected that secondary access will be provided via the inter- thision tract willn�ve al or�be available haserland Road. east t and north of Southwest Estates is developed and streets stubbed out to the eastern and northern boundaries of the parcel are extended to serve land north and east of the subject tract. These means of secondary access are dependent, however, upon the rate at which future development occurs. Approval of this plat would authorize the development of an additional 55 lots within Southwest Estates. A total of 70 lots within the subdivision would be without a means of secondary access. This situation is inconsis- tent with the position the City has taken regarding tha nu,nber of lots at which secondary access is deemed appropriate. Customarily, secondary access has been required within subdivisions greater than 29 lots in size.. Recent Comnission and Council actions regarding subdivision applications, however, have deviated from that breakpoint. Consistent with the practice that establishes the need for secondary access within a subdivision of more than 29 lots, staff recomnends that a secon- dary means of access to the existing and proposed portions of Southwest Estates be provided with the subject plat. Sanitary Sewer Service: The subdivider has negotiated with the property owner to the east to extend the sanitary sewer from Chatham Oaks, the former Johnson County Care Facility site, across this eastern tract, known as the Kennedy tract, to the northeastern boundary of Southwest Estates. The final plat should reflect .a sanitary sewer easement across the Kennedy tract. The sanitary sewer line carving Part Three of this subdivision is shown predominantly along the rear lot lines of lots with Phoenix Drive frontage. While the City has discouraged sewer lines in this location due to mainte- nance difficulties, most of the manholes, located at pipe intersections, are within the public right-of-way and are, therefore, accessible for maintenance purposes. A substantial portion of the Southwest Estates tract has recently been conditionally rezoned from RR-1 and ID-RS to RS-5. The former zoning classifications on this tract are illustrated on the accompanying location map. These classifications specify how the land was expected to be used and also identify the boundaries of two distinct watersheds. Land west of the RR-1/I0-RS boundary is located in a watershed that flows away from Iowa City (Old Man's Creek watershed). This area can only be served by the Iowa City sewer system via a lift station or by placement of sewer lines at inordinately deep depths to achieve a gravity flow system. At the time consideration was given to rezoning Southwest Estates to permit residential development at urban densities, the City took the position that use of a lift station of sufficient capacity to serve the portion of the Southwest Estates tract located in the Old Man's Creek watershed as well as land west of Southwest Estates within 300 feet west of Slothower Road should be employed. This mechanism was preferred over the alternative of burying sewer lines excessively deep to achieve gravity flow. The proposed plat illustrates gravity sewer service to three lots located in Southwest Estates Part Two located west of Phoenix Drive. In order to achieve, the slopes needed for a gravity flow system, the lines uxtended to serve these lots may have to be significantly deeper than is customary. The City generally discourages the placement of inordinately deep sewer lines due to the maintenance expenses associated with those lines. Approval by the City's Public Works Department of the proposal to extend the sewer westerly to serve lots located in another watershed must be obtained. Water Service: The water distribution system illustrated on the plat meets all City requirements including the placement of fire hydrants. Stormwater Management System: The requirements of the City's Stormwater Management Ordinance apply to this subdivision. Some of the stormwater from Parts Three and Four of Southwest Estates will be transported via roadway inlets to an existing pond located in Southwest Estates Part Two. Other stormwater fron the subdivision under consideration will be trans- ported to the detention basin shown in the northeast corner of Southwest Estates Part Four. Portions of the southern and middle sections of the subject subdivision drain to the east, however, and are not served by either the existing pond or the proposed detention basin. The proposed detention basin is designed, however, to accommodate more stormwater than is topographically capable of draining from the subdivision to the basin. Controls will also be employed to regulate the rate at which water is released from the basin. The net effect of these measures is to control the amount of stormwater that will eventually drain into Willow Creek. The western portion of the proposed stormwater management basin is located outside of the subdivision under consideration. The legal description of the stormwater management basin accompanying the final plat will link the entire basin to the plat of Parts Three and Four of Southwest Estates. Other Issues: The southern dimension of lot 56 must be reflected on the plat. An inconsistency between a bearing in the legal description and a bearing noted on the plat must be resolved. Economic Fact Given the value of comparable existing residential development in the nearby Hunter's Run subdivision, the assessed value of each lot within the proposed development, including a single-family residential dwelling, is a minimum of $107,000. For tax purposes, the values of residential uses within this tax year are rolled back to 77.3604°% of their assessed values. The City tax levy presently imposed on a residential use is $11.54919/$1000 of assessed valuation. Assuming a lot in the proposed subdivision is developed and that the property has an assessed value of $107,000, the amount of tax due on that property this year would be about $956. If all of the 55 lots within the subdivision were developed today, the City would realize an annual increase in the tax base of approximately $52,580. This subdivision is being developed under the recently adopted Comprehen- sive Plan amendment which allows out -of sequence development provided that that development approximates the efficiency of development upon which the City's growth management policy is based. Under this system, out -of -se- quence development is required to expend all of the costs associated with that development, including costs typically subsidized by the City. In this case, the overwidth paving on Phoenix Drive, oversized water and sewer ',SS lines within the development, and the extension of the sanitary sewer from Chatham Oaks are expenses which the developer ,oust temporarily absorb. Reimbursenent to the developer of thaso costs will be made at such time as either (a) development generally east of Southwest Estates and west of existing Hunter's Run development is substantially complete, or (b) the Comprehensive Plan is revised to show earlier development of the area which includes Southwest Estates. The cost of extending the sanitary sewer line across the 'Kennedy tract will be reimbursed as tap -in fees are collected which will allow connection to this facility as development of the Kennedy tract occurs. Prior to the issuance of building permits for the 55 lots proposed in Southwest Estates Parts Three and Four, fees will also be collected to assist in upgrading portions of the Southwest Interceptor Sewer system. These fees are collected since the proposed out -of -sequence development may require upgrading portions of this system earlier than contemplated in the Comprehensive Plan. STAFF RECOMMENDATION Staff recommends that consideration of the preliminary plat of Southwest Estates Subdivision Parts Three and Four be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff reco!nnends that the plat be approved. DEFICIENCIES AND DISCREPANCIES 1. Resolve the issue of secondary access for this subdivision, 2. Obtain City approval of the proposal to extend the sanitary sewer to serve lots in Southwest Estates Part Two. 3. Note the southern dimension of lot 56 on the plat. 4. Correct an inconsistency between the legal description and a bearing noted on the plat. ATTACHMENT 1. Location map. ACCOMPANIMENT Preliminary Plat of Southwest Estates Subdivision Parts Three and Four. i Approved by: D nald 5 hme er, Di�IY/ecto Oepartment of Planning and Program Development m LOCATION MAP am Southwest Estates Subdivision Parts Three and Four O City of Iowa City MEMORANDUM Date: March 30, 1988 To: City Council d 4 Thru: Steve Atkins, City Manager From: Larry Donner, Fire Chief Re: Secondary Access into Subdivisions I am concerned with two Planning and Zoning matters on the April 5, 1988, Council Agenda. My concern deals with the Conditional Zoning Agreement for 18.54 acres north of Rochester Avenue on Hickory Trail (P&Z Item i.) and the resolution approving the preliminary plat for Southwest Estatpq vision Parts 3 and 4_ (P&Z item_my) In both cases, a Fire Dep— ar�men as one on record opposing further development until secondary access is provided for the subdivisions. The Fire Department is charged with providing emergency services to all Iowa Citians. Our ability to ensure the safety of citizens is greatly reduced if we cannot get to the emergency. All roads get blocked from time to time for various reasons, including routine maintenance. When a single access road is blocked at any point, those people living down that road lose basic emergency services such as police, fire, and ambulance protection until the road can be reopened. Emergencies cannot be scheduled around road closures. The larger the population served by a single point of access, the greater the impact of any road blockage. In both subdivisions mentioned above, we lack secondary access; adding to the population served by single access roads only increases the probability of a disaster. I urge Council to require secondary access to these two developments before final approval. cc: Don Schmeiser bj/pc O RESOLUTION NO. 88-S3 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RAPID CREEK RIDGE, OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Rapid Creek Farms Partnership, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Rapid Creek Ridge; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recom- mended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recomnended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the pertinent requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of Rapid Creek Ridge is hereby approved. It was moved by Courtnc and seconded by Ambrisco the Resolution be a op a an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this Sth day of //April X1988.19 Approved as to Form ATTEST: � �aad'_ 3 sa dJ IT CLER Legal Department 1154 JORM MICROLAB m � YILbLLUXK[ gLl19L SERIES MT -8 PRECEDING DOCUMENT N RESOLUTION NO. 88-S3 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RAPID CREEK RIDGE, OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Rapid Creek Farms Partnership, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Rapid Creek Ridge; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two-mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recom- mended 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 pertinent requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of Rapid Creek Ridge is hereby approved. It was moved by Courtnev and seconded by Ambrisco the Resolution be adopted, an upon—Fro-7--call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 5th day of April 1988. AYUK Approved as to Form ATTEST: - 3 sa d1 IT CER Legan Department 4.S4 V m STAFF REPORT To: Planning 8 Zoning Commission Prepared by; Barry Beagle Item: 5-8805. Rapid Creek Ridge. Date: March 3, 1988 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Fringe area: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Rapid Creek Farms Partnership R.R. N2, Box 59 Iowa City, Iowa 52240 Contact person: Nicholas Phone: 337-7383 Colangelo Preliminary plat approval. To establish a 47 -lot residen- tial subdivision. Approximately 1.5 miles north Of Iowa City and east of Highway 1. Approximately 141.5 acres. Area 4. Agricultural; RS -3 (County), North - Residential; RS. South- Agricultural; A1. East - Agricultural; A1. West - Residential; RS. February 10, 1988. March 28, 1988. Public utilities are not presently available to this area. Private common well and water distribution system and individual septic systemsare Proposed, both of which must be approved by the Johnson County Health Department. Police Protection be John with fire sons provided by County, provided by Protection to be the Solon Fire Department, Transportation: Physical characteristics: BACKGROUND: The development is comprised of two portions with the northern Portion accessible by Highway 1, and the southern portion accessible from Rapid Creek Road. The site is moderate to steeply sloping. Rapid Creek cuts through the central portion of the development, dividing it into a northern and southern portion. A l area bounding Rapid sCreek nisalocated within the 100 -year floodplain. On May 15, 1987, Rapid Creek Farms Partnership made application to rezone Te the 141 acre parcel from Al (Agriculture) to RS -3 (Suburban Residential). with the ndevelopmentnpolicy inmfor sArea 4o whichhliion fund te mitedsresidentoal to ialoddevelop- ment to one (1) dwelling unit per three (3) acres and on August 20, 1987, recommended that the rezoning be approved. The City Council concurred With the recommendation of the Commission and on September 8, 1987, approved. On October Boardto the 3, 0 1987, the Supervisors Board that of the upervisorsosed approvedg thbe e rezoning to RS -3. ANALYSIS: The applicant is seeking preliminary plat approval to subdivide the 141.5 acre tract into 47 residential lots varying in size from 1.16 acres to 2.82 acres. The subdivision is comprised of two (2) separate and distinct parts being divided by Rapid Creek which cuts east to west through the center of the development. The northern portion accounts for 31 lots and is accessible from Highway 1, with the southern portion comprised of 16 lots accessed from Rapid Creek Road. Approximately 53.28 acres is set aside as common open space for the benefit subdivision. of residents within the Fringe Area Policy. The proposed subdivision is located in Area 4 of the Iowa City/Johnson County Fringe Area Policy Agreement and is subject to City review and approval. In 1987, the development policy for Area 4 was amended to permit limited residential development for properties located east of Highway 1, provided the density of development does not exceed one (1) dwelling unit per three (3) acres. As the Commission may recall, the proposed rezoning of the 141 acre tract was deferred until the development frected in the Policy was future by the eAgreement and xation of �stherefore the area is not City Rural Design Standards apply, Density of Development. acre site as a "cluster Subdivision Regulations. in specific areas of the recreation, common open dimensional requirements The applicant is proposing to develop the 141.5 subdivision" in accordance with the Johnson County Clustering permits buildings to be concentrated site provided the remaining land is set aside for space, and preservation of natural areas. The of the zone in which the development is located t/SG may be varied provided the density of development does not exceed that permitted in the zone. Given the density requirement of one (1) dwelling unit per three (3) acres of the RS -3 Zone, a maximum of 47 dwelling units could be constructed on the entire site. For developments located in the RS -3 Zone, the cluster provisions allow individual lot sizes to be not less than one (1) acre. In addition, although common open space within the development is allowed to be included in determining the site's total land area, land set aside for the travel surface portion of subdivision roads must be deducted from the site's total land area when calculating the average dwelling unit density for the development. The proposed plat is not accurate with respect to the development's total land area, nor does it specify the land area set aside for the travel surface portion of subdivision roads. This is why a note has been placed on the plat which reads: "The number of lots to be shown on the final plat(s) will not exceed the applicable requirements of the Johnson County Zoning and Subdivision Ordinances." On the basis of more precise informa- tion at the time of final plat approval, the total number of lots may increase or decrease once the development's total land area and area of roads is determined. Staff does not object to the approval of the preliminary plat based upon existing information, with the understanding that any final proposals are consistent with the design of the approved preliminary plat. Transportation and Access. As currently designed, the development is comprised of a northern half and a southern half divided by Rapid Creek. Both portions are shown to have independent access with no vehicular integration between the two. An Entrance Permit has been issued by the Iowa Department of Transportation to construct a 30 -foot wide entrance on Highway 1 for access to the north portion (copy of permit attached). The proposed entrance is located approximately three-quarters of a mile north of Rapid Creek Road. Access to the southern portion will be provided by the construction of a road one-quarter mile south of the development to Rapid Creek Road. Entrances to both locations are designed to accommodate the turn -around of school buses and will provide a location for a bank of mailboxes. Both entrances provide adequate sight distance in both directions for the safe movement of traffic in and out of the subdivision. Proposed subdivisions should be designed to provide for vehicular continuity between developments. An adequate street network is essential for the safe and convenient circulation of traffic, and to minimize congestion and through traffic on local roads. After consulting with the applicant's representative, the plat will be revised to provide for the vehicular integration between both sections of the subdivision and provide for the extension of a road to the east boundary to assure integration with future developments to the north and east. According to the Fringe Area Policy Agreement, Level 3 Design Standards apply to this development since it is located in an area not projected for annexation in the foreseeable future. Level 3 indicates that present County local street improvement standards apply which requires a 50 -foot right-of-way and a travel surface width of 24 feet consisting of three (3) inches of Class A crushed rock. The typical street section shown on the plat complies with this requirement except for showing a 2%e parabolic crown which is required for all residential street construction. X56 ties. on well ad watdistrbution sstem is proposedfor the subd v�isiomm�subject ton Joh son Countyi HealthDepartment approval. Two (2) common wells are identified on the plat with the water distribution system consisting of two (2) and three (3) inch water mains. The specifications of the water distribution system, conforming with Section 2.1 of the City Rural Design Standards, needs to be identified on the plat. Sewage disposal will be provided by individual lot septic systems subject to the approval of the Johnson County Health Department. Fire Rating. The developer's engineer must submit a letter establishing a firerating for the subdivision. A letter of transmittal from the Solon Fire Department approving provisions made for fire protection within the subdivision must also be submitted. Stormwater Management. Except for developments located within Old Man's Creek watershed, the Stormwater Management Ordinance applies to all new subdivisiondevelopments within makesno proviCity's sionfextraterritorial or stormwatermanagementrasdrequired. The Common Open Space. The proposed subdivision has been designed with consideration given to the physical characteristics of the land and preservation of open space throughout the subdivision. Approximately 53.28 acres in the subdivision has been set aside as common open space for the benefit of its residents. Much of this open space coincides with natural drainageways and areas of extensive vegetation. Six (6) separate extends identified ethe l tlar Of whih along RapidCr Creek, and each � lot will gbetp ovidedcwith3 convenien7.6 t access. indicatingThe whatliprovisionsrequire egardingubmaintenancemit a leer aof nd otheintent, responsibilities are proposed to be incorporated in the subdivider's agreement. STAFF RECOMMENDATION: Staff recommends the preliminary plat of Rapid Creek Ridge be deferred, but, that upon resolution of the deficiencies and discrepancies listed below, the plat be approved. DEFICIENCIES AND DISCREPANCIES: I. Provide for stormwater management. 2. Indicate a 27 parabolic crown on the typical street section diagram. 3. Authorization from Johnson County Health Department approving the proposed common well and water distribution system and individual septic systems, 4. Letter of fire rating from developer's engineer and letter of transmittal from the Solon Fire Department. S. Letter of intent regarding maintenance and other responsibilities for the common open space. I X56 5 ATTACHMENTS: 1. Location Map. 2. IDOT Entrance Permit. 3. Preliminary Plat of Rapid Creek Ridge. Approved by:� nald S meiser, Director Department of Planning and Program Development 4 LOCATION MAP S-8805 SSL rurm SC.III; ,0 el sr,QLIDwa Department of Transportation \mp HIGHWAY DIVISION ENTRANCE PERMIT (Application for Permit to Construct Entrance from Private Property to Primary Road or Primary Road Extension) Permit Number 6—o'(9QQ County— Johncnn Project _ FA prna R76q Highway Number 1 Applicant Rapid Creek Farm .Partnership town., m "Inert 11 nnco,m % Nick Colangelo Address - R R 2 Box 59 Iowa City, Iowa July 7 19 87 (Dela, A permit is hereby requested to construct a B entrance 30 feet In width, from right of way line to primary ( Type 'A" -D .1 C-) road traveled way. including necessary drainage structure thereunder at Slalion-464 444-- East side. PLAT OF ENTRANCE AS PROPOSED TO BE CONSTRUCTED IS ATTACHED TO AND IS A PART OF THIS APPLICATION. (Form 640002) Proposed entrance is located on Primary Road No. I Sec. 30 T 80N , R 5w Johnson County. 19 ,miles North from'I-I-80 Interchan t one,lmhl IPbce. T..h. or oblell �POrD specifically of the The applicant agrees that It granted a permit to construct the above described entrance, the following stipulations shall govern. 1 Innen tpprmel of me DeWnmem antll be oblune00elore tnyenenpt if me0<mrne enVenct onlf 1p[al�en 2, That the enlancA.chip., 0rema9a[Ilueture.9raampena lurlacmq,[hall be[pnnrucled by his Applicant at the Applicant sClose%e,11M000aan[e with in' phi llNcneO nereloJnd in eorifewel, -lin Ins alandard p.0,1111om of Ins Highway Dnplon, and shall thereafter be kept in Iepail and malnnlned by Ine applicant al ,his own @ oensA Nalhing In Intl allodiallon, however, Had sal -.0. the oepvlment Imre shitting upon said anbanu on highway right of way and parferming necessity marnlemnn nal Ina putaW.n oI Ine highway a The] III, alrv[hon, of lave .myon[. hall be campleltd by the 7 day.f JNIy ,19 88 I the perm. n null android 11 dare n not [..allied by Ine above dile unless ascension IS granted In willing by the Depallmenl.I A That lllv[onabu[IIon,IVlurelepanor mamleninve of Said enhance Hill peCarlledcnln such a wayal nhllotnlerlve wrlh,ormlerluelfalken said highway. nifft.OpbcanHnalllP A, reisohable P ecaull.naltprolKI and vleguardlne Italiana Well'tyof soy pelf..epwHpA.Hd shallursle. Sli neared Depillmpl of TgNpoll.lron humlen Obnydamih,.e1 I ... A, Ina$ may be aupuned by any Deno. or "Iran,, on Account of suen [onalrucnron, rep ua. or maintenance opVauoot. 5 That he'Ohngwillb...... tied In Ine light of ..v .1 wholly l.ad He I 011ie11nan anal necessity 10 COmlluCl the"r00u.ed entrance Thal flit Culreft VIVO underret enlnnce mall be and coaledc.uulaled metal or 15000 concrete pipe. 11 mall be is Inches In diameter and 48 nm In length a, shown on attached Sketch. and of OueblY[onnot,u p win, See. 4141 and SecAla5 of the Highway Dranon Sundahl and Specifications. Sebes of 1917. fir subset uenuhNom the View Shan be.Ivued H inn elerumn IPeefied by IM engineer. C Te, hn�onn I'lletrnlmn of Ine dine«ay mer Ine pipe fir pI¢e Inns Ine Illywould nIhe and be ensu be U .ren Iewar than puulaul alerabon I 5nnon 164-40 10 prevent wa ler dunning onto the pavement or lla el way. Side Slope 01 the rpuelled enlnnce sued be eon111ucbd wish A mmlmum "16.1 Hope. 6 Thll lave HINICSnl.9rin to pile the Highway Dinlron loItY'lipnl houll nolim of his lnl.hh.. to HHI c ... Ouch.. on lave high.., light of way 1 Ihnl all loin -ore nelnn milling Io lulu. llpen 01 munlnnnnee Snell be bmdm0 on .11 \u[eollpn.,Assign. oI Ila I,pllGnls e ShpuLuom and r14hannelif[onu.edherein are not Intended to -she gualeneguder eel of local oning olamancee 9 Applicant sallenlio 11 dllpled I.In. 1¢I lnal pooh 11011111 may not be hall 110a to dblllud b encumber Ine public highway light of wet,orInlet fete with the hely, comloll, and r.ahH of Public highway .111, Ig 511111 Code dl to..rl.Iln!\In, v.011"Ohnill hong, this 111-1 In I—..lifihny nilly In.,m[IIc.11nnl of ane DD 111.11.1111[enlpoll nal conlhlm In thele H,l.,[Iinnllw 001 may m.I. he nlleuly[nengtl and[eHpe the 9011 eg4ml the Persson npons,bte, including coral action d necessity 1I Atopy of the epro".r"t,shall e.,.danleon Ill. pbpiencal limn I.,..,mmelmn O, in. OpaHmenl of tunponllon olbcnH ae 12. Note attached typical section at driveway pipe and typical plan details. —She annlicant DroDoses a seal coat—surface to r l doe t. Signed Rapid Creek Farm Partnership IAd.ndxnt OWNER OF RECORD Title Partner - nLcnoLa5,UOLangeto Address R.R. 2, Box 59 Iowa City, IA ACKNOWLEDGEMENT STATE OF IOWA [' On this day of ��`6 Lc`'r A.D. 19•� r below me fir a Notary Public in and for said Slate of la a, personally appearetl Nicholas Colan eio to me known to be the persons). named in and who execute the foregoing instrument, and acknowledged, that Ile executed the same as voluntary act and deed. C .I — ..• ...r ............a ...... a alit Recommended for approval by Resident Maintenance Engineer, on - M— {1 , 19 R-7 Access hereby requested is approved and granted by the Dnpartmentol Trnnsportahon Ighwa Division by Amnmnd o.. enr po7� Notice of dale construction Is to start shall be sent by applicant to; N... Add,ns Recommended for approval for on 19__ by A dM1Bd Glr Oil,yal/ Tilly oninp 0ledu / ���- r NOTATION OF RECORD Filed for necord on the 2 G day of �_41 G el S 7 , 19 s 77 at /: Zy O'clock ,�C//�� _ M., antl Recorded In Book x 7z of on Page 37 By .sorer To be recorded by Slate for applications on all Primary Highways except the arterial Connector System. On the Arlerial Connector System, the applicant may record the approved application, it desired. 0 S1, Fo,m ac000x IOWA DEPARTMENT OF TRANSPORTATION No.3G_SG= sal a Highway Division County J0 n.5 on ACCESS PLAT FA - 'X765 Proj. No. r/ Access RightsAccess Rights Not Acquired 64DO _ Attach to Form 640066B 1 1 1 Attach to Form 640004 Location Description: Primary Road No. / , Sec. :3 O , T. 80 Al R, .SW JD h n _5 0 n County, Being /'9 Miles Norfh From >-Ae Int e e5 ec tion 6 Y hr'g/h W4 ,f/ a n Or In fe IS-"' fe BO, More Specifically described as:' enenm� _A d/5Aerce of 15604-ee7L Soot% a/ona the Centee/ine of /7 away `t/i y�rorn the_ dor th Section Line O"F Sect%on 30-T80N-R 5d/ Johnson ifun t2, le wa V N R>p m m Cre C f I x - IT T Eehale5 is, r rs r� L � M� 1 a Srthf Dia% 1 755 '� t I CERTIFICATION U'12.A I hereby certify that this sketch was prepared by me or under my direct personal supervision and APPLICANT [hat 1 am a duly registered professional engineer under the laws of the Stale of Iowa. �� , –,. �� Date «' gi Iowa Reg. No. < ^ ADD ESS y� �� r ✓'�Li l:_Q..A� �.tf1,-1dU.�.. DATE P ,$ ca /e /'r = Z00 U a DRIVEWAY DETAILS (GRANULAR) RADIUS Za PIPE SIZE Jam"DIAMETER -V,6 ' L ENGTH EMIBIT F RADIUS 2 O ' PLAN VIEW I� f DRIVE ENTRANCE SIDESLOPES 1'DOWN FOR EVERY G' OUT CROSS SECTION 4.5 6 1 City of Iowa City MEMORANDUM Date: March 3, 1988 To: Planning R Zoning Commission From: Barry Beagle, Associate Planner l Re: S-8805. Rapid Creek Ridge Subdivision. Please note that all five deficiencies and discrepancies noted in the March 3, 1988, Staff Report have been resolved. bdw5/3 4 11J 1p I RESOLUTION NO. _ RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT AND THE FINAL PLAT OF VILLAGE GREEN, PART XI, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, William and Sherry Frantz, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the revised pre- liminary plat and the final plat of Village Green, Part XI, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as fol- lows: Commencing at the Southeast Corner of Section 13, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S89053'53"W, 50.01 feet, to a point on the Westerly Right -of -Way Line of Scott Boulevard; thence N00045'59"E, 1,751.12 feet, along the Westerly Right -of -Way Line of Scott Boulevard, to the Point of Beginning; thence N89014'01"W 70.00 feet; thence 5610;;0'42"W, 302.73 feet; thence N78045'14"W, 73.95 feet; thence S79023'03"W, 73.95 feet; thence S45008'36"W 225.00 feet; thence N44051'24"W, 135.00 feet; thence S45008'36"W, 21.46 feet; thence N44051'24"W, 185.00 feet, to a point on the Easterly Line of Village Green, Part VII, as Recorded in Plat Book 15, at Page 33, of the Records of the Johnson County Recorder's Office; thence 296.14 feet, to6aE5/8-iinch, along tiron he apinrfound-0of � VIT th thence N16038t50"E, along said Easterly Line of Part VII, 162.03 feet, to a 5/8 -inch iron pin found at the Northeast Corner of said Village Green, Part VII; thence N25032'15"E, 60.00 feet, along the Easterly Line of Village Green, Part VI, as Recorded in Plat Book 16, at Page 8, of the Records of the Johnson County Recorder's Office; thence N06033128"E, along said Easterly Line of Part VI 240.00 feet, to a 5/8 -inch iron pin found; thence N04036'24"W, along said Easterly Line of Part VI, 154.65 feet, to a 5/8 -inch iron pin found; thence N31023'36"E, along said Easterly Line of Part VI, 191.78 feet, to a 5/8 -inch iron pin found at the North- easterly Corner thereof, on the Southerly Right -of -Way Line of Muscatine Avenue; thence Easterly 480.56 feet, along said Southerly Right -of -Way Line of Muscatine Avenue, on a 22,885.00 foot radius curve, concave Southerly, whose 480.55 foot chord bears S89040154"E, to its intersection with the Westerly Right - of -Way Line of Scott Boulevard, which point is 32.71 feet, S00045'59"W, of a point on the North Line of said Southeast Quarter of Section 13, which is 50.01 feet, S89046'06"W, along said North Line from a cut X' found at the Northeast Corner thereof; thence 500045'59"W, along said Westerly Right -of -Way Line of Scott Boulevard, 872.50 feet, to the Point of Beginning. Said tract of land contains 15.00 Acres, more or less, and is subject to easements and restrictions of Record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed revised preliminary plat and the final plat, and find that the plats meet the technical specifications 7. / Resolution No. Page 2 of the City's Subdivision Regulations, but do not endorse the street pattern shown on the revised preliminary plat and the final plat of Vil- lage Green pattern, Part XI because it departs from the internal collector street system in the developed portions of the Village Green Area; and WHEREAS, the revised preliminary plat and the final plat have been exam- ined by the Planning and Zoning Commission and, after due deliberation, the Commission has recommended that they be accepted and approved, with a waiver of the Subdivision Regulation requirement that blocks be a minimum of 220 feet wide for the following three blocks: (1) Chamberlain Drive between Village Road and Hampton Street, (2) Hampton Street between Chamberlain Drive and Hampton Court, and (3) Hampton Street between Hampton Court and Scott Boulevard; and WHEREAS, except where such requirements are waived, the revised prelimi- nary plat and the final plat are found to conform with all of the techni- cal requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the revised preliminary plat and the final plat of Village Green, Part XI, are hereby approved, with a waiver of the minimum block width requirement for the following three blocks within the subdivision: (1) Chamberlain Drive between Village Road and Hampton Street, (2) Hampton Street between Chamberlain Drive and Hampton Court, and (3) Hampton Street between Hampton Court and Scott Boulevard. It was moved by and seconded by _ the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO COURTNEY DICKSON _ HOROWITZ LARSON MCDONALD STRAIT Y #57 Resolution No. Page 3 Passed and approved this day of 1988. YR Approved as to Form ATTEST:3�Za/�fi ITYCCLERK LLUAL DEP Rif1UMi/ V a STAFF REPORT To: Planning & Zoning Commission Item: S-8804. Village Green, Part XI GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: File date: 45 -day limitation period: Prepared by: Monica Moen Date: March 17, 1988 William and Sherry Frantz P.O. Box 209 Iowa City, Iowa 52244 Phone: 338-7923 Approval of revised prelimi- nary and final subdivision plats. To permit development of 41 single-family residential lots. West of Scott Boulevard and south of Muscatine Avenue. 15.00 acres Agricultural; RS -5 North - Single-family residen- tial and undeveloped; RS -5 East - Agricultural; RS -5 and County - CH (Highway Commercial) and RS (Suburban Residen- tial) South - Agricultural; RS -5 Nest - Single-family residen- tial; POH-8, RS -5 Residential: 2-8 dwelling units/acre. Provisions of the Zoning Ordinance, Subdivision Regula- tions and the Stormwater Management Ordinance. February 10, 1988 March 28, 1988 �_ j SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: Adequate sewer and water services are available. Sanitation service will be provided by the City. Police and fire protection are avail- able. Vehicular access will be provided via Village Road and Scott Boulevard. The topography of the tract is rolling with an approximate slope of six percent. BACKGROUND On January 12, 1988, the City Council approved the preliminary plat of Village Green, Part XI, an approximate 15 acre, 41 -lot single-family residential subdivision located south of Muscatine Avenue, west of Scott Boulevard and immediately east of the existing Village Green development. This plat represents efforts on the part of the developer, Village Green residents and the Planning and Zoning Commission to arrive at a subdivi- sion design that satisfies all interests. The objective of residents of the existing Village Green development was to obtain a subdivision design for the northeastern corner of the develop- ment that fostered the open space/court concept implemented in the exist- ing Village Green subdivisions and that departed from the collector street concept originally envisioned for the area. Given the development's access via Scott Boulevard, residents objected to perpetuation of the colleor street ed Scottct tBoulevard tostpoints citing the seffects ure to of through -traffic this additional traffic on Wayne Avenue, the 25 foot wide paved street located on the western boundary of the Village Green area. The plat endorsed by the neighborhood and approved by Council alters the collector street concept and inhibits the opportunity to continue a col- lector street along the eastern and southern portions of the entire enttract. ified In a memorandum to the Commission dated January 7, 1988, staff its futureC5 ubdivisnionseofrland south this ofat and itsthe proposed�d velopment. design of The applicants come before the Commission seeking final plat approval of this subdivision. Because the final plat deviates slightly from the approved preliminary plat, staff has requested that a revised preliminary plat be submitted as well. This would guarantee that some of the changes proposed, which customarily do not appear on a final plat, would be noted and de approved by tdei City. following se deviations eanalysis.iionfrom the approved preliminary plat M Z157 ANALYSIS The revised preliminary plat for Village Green, Part XI deviates from the approved plat in three ways: (1) The paved surface of Hampton Court has been reduced in width from 23 feet back -of -curb to back -of -curb (BC -BC) to 25 feet BC -BC; (2) A walkway easement along the western boundary of this subdivision has been incorporated into the western lots of the subdivision; and (3) The storm sewer system has been modified to retain stormwater on the site. Hampton Court: Section 32-2 of the Subdivision Regulations defines a cul-de-sac as a local street closed at one end with a turnaround. By definition, a cul-de-sac includes the local street portion of the right- of-way as well as the turnaround part of the street. Although the open space portion of the Hampton Court turnaround is larger than the turna- round portion of a typical cul-de-sac, Hampton Court is, nevertheless, a cul-de-sac. Section 32-54(c)(2) of the Subdivision Regulations allows a reduction of the width of the paved surface of a cul-de-sac (by definition, both the local street portion and the turnaround) to 25 feet without provision for extra off-street parking. The proposal to reduce the width of the paved surface of Hampton Court from 28 feet to 25 feet, as shown on the revised preliminary plat, is consistent with the City's street standards and specifications. The staff recommends, however, that parking on Hampton Court be restricted to one side to facilitate trash collection and emer- gency vehicle access. Walkway Easements: Walkways are shown along the rear lot lines between the lots of Village Green Part XI and Village Green Parts VI and VII and along the side lot line between Lots 40 and 41. These walkways access private open space and are indicated as private walkways. Provision must be made in the legal papers for perpetua main enance of these walkways by abut- ting property owners. For the walkway which runs over the existing util- ity easement along the western boundary of the subdivision, the legal papers should include a provision which places the burden of reconstruc- tion of any walkway on the Village Green residents should the City or the utilities need to enter the easement for repairs. A public walkway should be dedicated and is shown over the utility easementbetween Lots 15 and 16. This walkway provides pedestrian access to and from the subdivision and links streets rather than private open space. Storm Sewer: The plats do not provide for a stormwater management basin on the 15 acre tract under consideration. Instead, a detention basin for the entire Village Green area will be provided north of the Iowa Inter- state Railway right-of-way and west of Scott Boulevard. With any future subdivision of the undeveloped portion of the Village Green tract, how- ever, the stormwater management basin should be installed. M r, 7 With proper grading, all stormwater from the subdivision will be trans- ported from inlets located within the rights-of-way of the streets shown on the preliminary plat to an outlet shown near Lot 35. Until this outlet is linked with the storm sewer system constructed within the area marked "Future Development," stormwater will be carried overland to the general location of the proposed stormdater detention basin. This method improves the system shown on the approved preliminary plat that allowed some of the stormwater to be transported to an inlet on Scott Boulevard. The revised system contains all stormwater within the development. Other Issues Hampton Street is expected to function as an entrance to and from the development; the proposed 28 foot wide paved surface is not expected to adequately accommodate traffic if parking is permitted on the street. In order to facilitate traffic movement on Hampton Street, staff recommends parking should, therefore, be prohibited on this roadway. Chamberlain Place has been renamed Chamberlain Drive since it will co•- tinue to the south. This is consistent with the City's street naming pol icy. With approval of the preliminary plat for Village Green, Part XI, the Subdivision Regulation requirement that blocks be a minimum of 220 feet wide were waived for the following three blocks within the subdivision; (1) Chamberlain Drive between Village Road and Hampton Street, (2) Hampton Street between Chamberlain Drive and Hampton Court, and (3) Hampton Street between Hampton Court and Scott Boulevard. The Commission should waive this minimum block width requirement for these blocks for the revised preliminary and final plats under consideration. Legal papers and construction plans have been submitted and are being reviewed by staff. Economic Impact Given the value of existing residential developments in the immediate area of the proposed subdivision, the assessed value of each lot within the proposed development, including a single-family residential dwelling, is approximately $90,000. For tax purposes, the values of residential uses within this tax year are rolled back to 77.3604% of their assessed values. The City tax levy presently imposed on a residential use is $11.54919/$1,000 of assessed valuation. Assuming a lot in the proposed subdivision is developed and that the property has an assessed value of $90,000, the amount of tax due on that property this year would be about $804. If the 41 lots within the subdivision were developed today, the City would realize an annual increase in the tax base of approximately $32,964. r— 3 While no direct construction costs to the City in the way of overwidth pavement or extra capacity utility lines are required with this subdivi- sion, indirect costs such as garbage pick-up, maintenance of streets and municipal utilities, and police and fire protection are incurred. With increased residential development, local schools, parks, the public li- brary, the transit system, and roadways outside the development are also impacted. This subdivision is not expected, however, to affect the City's financial ability to provide municipal services. STAFF RECOMMENDATIO14 Staff recommends that the revised preliminary and final plats of Village Green, Part XI, be deferred pending resolution of the following defi- ciency. Upon resolution of this item, staff recommends that the plats be approved with a waiver of the minimum block width requirement for the following three blocks within the subdivision: 1) Chamberlain Drive between Village Road and Hampton Street, 2) Hampton Street between Chamberlain Drive and Hampton Court, and 3) Hampton Street between Hampton Court and Scott Boulevard. Staff further recommends that parking on Hampton Street be prohibited and that parking on Hampton Court be restricted to one side of the street. DEFICIENCY 1. Obtain City approval of legal documents and construction plans. ATTACHMENT 1. Location map. ACCOMPANIMENTS 1. Revised Preliminary Plat of Village Green, Part XI. 2. Final Plat of Village Green, Part XI. Approved byVaDo Sc melser, Direc or Department of Planning and Program Development u 4f. 7 LOCATION MAP Village Green, Part XI 7 j u s 9ECEI EC i i '953 GROW rO PEACH ENVIRONMENTAL EXCELLENCE NOW u PU UOJ EC GREEN T REE N Civic Center, Iowa Ci[Y. Iowa 52240 14 ' NI r' ^ 4 717 c_: Jcyce Left s ---- -� -_ ,ae -. _-- --- =- :r - -=:i. v: _. _. a _a:i, -- -'s=_view Knoll, :. :w . . .. ......_ - _- _�..-ja M2: 75 3 RESOLUTION NO. 88-54 RESOLUTION EXTENDING TIME FOR RECEIPT OF BIDS, APPROVING AN ADDENDUM TO THE PLANS, SPECIFICATIONS AND FORM OF CONTRACT TO PROVIDE FOR ADDITIONS, DELETIONS, CORRECTIONS AND EXPLANATIONS THEREOF, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS CONCERNING SAID TIME EXTENSION AND ADDENDUM, ALL IN CONNECTION WITH THE PROJECT TO CONSTRUCT THE EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AT THE EXISTING WASTEWATER TREATMENT PLANT AND TO CONSTRUCT THE SOUTH WASTEWATER TREATMENT FACILITIES. WHEREAS, pursuant to Resolution No. 88- 46 passed and approved on March 15 , 1988, this City Council did approve the plans, specifica- tions, and form of contract for the above-mentioned project, did fix the time for receipt of bids for April 15, 1988, at 10:00 a.m., and did direct the City Clerk to publish notice to bidders; and WHEREAS, the City's project consultant, Metcalf & Eddy, has recommended that the time for receipt and opening of bids be extended to April 29, 1988, at 10:00 a.m. to allow additional construction firms the time necessary to submit bids for said project; and WHEREAS, Metcalf & Eddy has prepared and is recommending Council approval of Addendum No. 1 to the plans, specifications, and form of contract for said project, in order to incorporate therein necessary changes, additions, deletions, corrections, and explanations to facilitate the construction bidding and construction of said project, which Addendum is on file in the office of the City Clerk; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City to extend the time for receipt and opening of bids and to approve Addendum No. 1 to the plans, specifications, and form of contract for said project. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the date for receipt and opening of bids on the project to construct the excess flow and wastewater treatment facilities at the existing plant and to construct the south wastewater treatment facilities be and the same is hereby extended to April 29, 1988, at 10:00 a.m. AND BE IT FURTHER RESOLVED that Addendum No. i to the plans, specifica- tions Cityand Clerk,obe contract and the same issaid hereby approved asfile formthe and content• AND BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to publish notice to bidders concerning said time extension and said Addendum. I 447/ V' t Resolution No. 88-54 Page 2 It was moved by Straitand seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco —� Courtney X Dickson Horowitz X X Larson X McDonald X Strait Passed and approved this 5th day of April , 1988. i ATTEST: C LERK YOR o s Form Legal Department RESOLUTION NO. - BR -SS RESOLUTION APPROVING IN CONCEPT A COMBINED USE PARKING, CHILLED WATER, AND WATER STORAGE FACILITY PROPOSED FOR DEVELOPMENT BY THE UNIVERSITY OF IOWA AND THE CITY OF IOWA CITY. WHEREAS, this City Council has been advised that the City of Iowa City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, the University of Iowa is engaged in the planning and design of a parking garage and chilled water facility to service its North Campus, which facility is proposed to be located upon University -owned property and City -owned street right-of-way in and adjacent to the block of property bounded by Capitol Street, Bloomington Street, Madison Street, and vacated Davenport Street, which site is immediately adjacent to the City's Water Treatment Plant; and WHEREAS, City and University staff members have engaged in an engineering study of the feasibility of developing a University parking and chilled water facility and a City water storage facility as a single, combined use facility on the site proposed by the University; and WHEREAS, City and University staff members have prepared an outline of agreement addressing the design, construction, ownership, and operation of such a facility and the allocation of design and construction costs therefore between the City and the University; and WHEREAS, this City Council has reviewed the combined use concept as presented by the University's engineering consultant, Herbert, Lewis, Kruse & Blunck, and has been advised by the consultant and by City staff that the development of such a combined use facility is feasible and desirable from an engineering, economic, and operational perspective. NOW, THEREFORE, BE, AND IT IS HEREBY CITY OF IOWA CITY, IOWA, that the additional water storage capacity in Plant at 330 North Madison Street. RESOLVED BY THE CITY COUNCIL OF THE City of Iowa City is in need of the vicinity of its Water Treatment AND BE IT FURTHER RESOLVED that the proposal for the City and the University to develop a combined use parking, chilled water, and water storage facility on the site proposed by the University be and the same is hereby approved in concept. AND BE IT FURTHER RESOLVED that City staff be and is hereby directed to continue its study of the combined use facility concept, to work with the University's staff and engineering consultant to finalize plans for such a facility, and to negotiate and prepare an intergovernmental Chapter 28E agreement for the design, construction, ownership and operation of the execution by the City use aoflIowa Cityeandothe Univershe line of ity of Iowareement, for //70& 4' a Resolution No. RR -SS Page 2 It was moved by Courtnev and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney _ % Dickson Horowitz X Larson X McDonald X Strait Passed and approved this 5th day of April , 1988. A 0R Ap r'v d to Form ATTEST: ale' v(/. CIT CLERK Legal Department //7,P, 1 M .V� RESOLUTION NO. 88-56 RESOLUTION AUTHORIZING EXECUTION OF AGREE14ENT WITH THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY. WHEREAS, the City of Iowa City, Iowa, has negotiated said tedsagreentwith Cedar Rapids and Iowa City Railway Company, a copy agreement being attached to this resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Cedar Rapids and Iowa City Railway Com- pany. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: 1 AYES: NAYS: ABSENT: X Ambrisco Courtney X Dickson r Horowitz Larson X McDonald X Strait X Passed and approved this 5th day of April 1988. r R Approved as to Form Il 3309.r ATTEST: L R^�—Legepar men 475 V J• LICENSE AGREEMENT FOR OCCUPATION OF RAILWAY CORRIDOR THIS LICENSE AGREEMENT, made this ?is'day of i7v�_ 1988, between CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (hereinafter called "CRANDIC"), an Iowa corporation, and CITY OF IOWA CITY (hereinafter called the "Licensee") having a principal place of business in Iowa City, County of Johnson, and State of Iowa, WITNESSETH: In consideration of the following rights and obligations and the sum of ONE HUNDRED DOLLARS ($100.00), for preparation of this instrument, receipt of which is hereby acknowledged. CRANDIC hereby grants Licensee the right to specific and limited use of certain premises, situated in the County of Johnson, State of Iowa, more specifi- cally described as follows: Just South of the railroad crossing at U.S. Highway 6 in the highway right-of-way in the SW1/4 of Section 15 Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa, in accordance with the attached plat, hereby incorporated by this reference. I• PURPOSE: Licensee's use of the premises shall be for the sole purpose of installa- tion of a 6 pair communication line and steel conduit to be located on the i centerline of the above-described premises. A. The CRANDIC reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as X73 , U it shall desire, the same as if this instrument had not been executed. If any such use shall necessitate any change in the location or construction of said facility, or any part thereof, such changes as may be reasonable, may be made by the CRANDIC or at its direction, at the expense of the Licensee, upon demand of the CRANDIC, and said CRANDIC shall not be liable to said Licensee on account thereof, or on account of any damage growing out of any use which the CRANDIC may make of its tracks, property and right-of-way. The CRANDIC shall have the right at any time by giving ninety (90) days notice in writing to the Licensee to require the Licensee at its expense, to relocate or modify the facility so as to conform to reasonable changes the CRANDIC may desire to make in its track grade, track location or any other uses CRANDIC may desire to make of its property. D. The Licensee shall bear the cost of all reasonable protection which the CRANDIC may require for its tracks or property during construction and mainte- nance hereby authorized and of all reasonable repairs, changes, additions or betterments to said Company's tracks or property made necessary on account of same. If in the reasonable judgment of the CRANDIC it shall be necessary to provide support for its tracks during the work of construction or maintenance the CRANDIC will provide such support, and the entire cost of said protection, support, etc., will be paid by the Licensee promptly upon receipt of a bill therefor. 2. TERM: Except as provided to the contrary herein, Licensee shall be permitted to V use the premises in accordance with the terms of this agreement, together with the right of ingress to and egress from said property for the purpose of con - 2 rr V' O structing, inspecting, repairing, maintaining and replacing Licensee facilities located thereon, or the removal thereof, at the will of the Licensee. Licensor hereby permits the uses herein specified without divesting Licensor of the rights to use and enjoy said property, subject only to the right of the Licensee to use the same for the purposes herein expressed. Should Licensee or its representa- tives violate any of the terms or conditions hereof, or use or attempt to use said premises for any other or different purpose than that above specified, then the CRANDIC may, at its option, immediately revoke this license. Upon any termination of this License, the Licensee shall promptly remove all above ground construction in a manner satisfactory to said CRANDIC, and leave said properties in the same condition in which they were before the installation of the same as nearly as may be practicable. Upon default of the Licensee so to do, the CRANDIC may perform the work and restore the property and Licensee shall promptly pay to the CRANDIC the cost of so doing. 3. NOTICE: Any written notice given by the CRANDIC to the Licensee shall be deemed to be properly served if the same be delivered to the Licensee, or one of Licensee's agents, or if mailed, postpaid, addressed to the Licensee at Licens- ee's last known place of business. Any written notice given by the Licensee to the CRANDIC shall be deemed properly servedif the same be delivered to the CRANDIC, or if mailed, postpaid, addressed to the CRANDIC at its last known place of business. 3 473 4 Y 4. TAXES: The Licensee shall pay all taxes, licenses and other charges which may be assessed or levied upon the business of the Licensee or upon improvements made by the Licensee upon said premises, or against the CRANDIC by reason of occupation or use of said premises by the Licensee. 5. ASSIGNMENT: This license shall not be assigned or in any manner transferred by Licensee, nor shall said premises be used or occupied for any purpose other than that specified herein, without the written consent of the CRANDIC. 6. ABANDONMENT: The failure of the Licensee to occupy or use said premises for the purpose herein mentioned for sixty (60) days at any one time shall be deemed an abandon- ment thereof. An abandonment of said premises by the Licensee shall, at the option of the CRANDIC, operate as an absolute and immediate termination of this license without notice. Should any discontinuance or cessation of use of said facility be due to any damages by fire, lightning, flood or earthquake, or by the abandonment of work by employees of the Licensee during a general strike, or by the Licensee's inability after due diligence to obtain necessary materials for repairs or rebuilding, then the said time of sixty (60) days shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid. 4 7. CLEARANCE: The Licensee agrees not to construct or permit to exist any obstruction over any railway track or tracks on said premises, less than twenty-five (25) feet above top of rail, or alongside of track or tracks less than twenty (20) feet from center of track, with the necessary additional clearance on curves. Reduced clearances from those herein specified may be allowed if approved in writing by the CRANDIC prior to installation. 8. LAWS AND REGULATIONS: The Licensee shall, without cost to the CRANDIC, comply with all applic- able laws, rules, regulations and ordinances of competent authorities affecting said premises. The parties agree that this license shall be governed by the laws of the State of Iowa. g. LIABILITY: The Licensee agrees to indemnify the CRANDIC and save it harmless from any and all claims and expenses, including reasonable attorney's fees, that may arise or may be made for death or injury to employees of the CRANDIC, or loss or damage to the Company's property, or to other persons or their property, by reason or in consequence of the occupancy or use of said premises by the Licensee. 10. INSURANCE: Licensee shall provide to CRANDIC an insurance policy for Railroad Protective Liability Insurance coverage in the amount of two million dollars ($2,000,000) for injury or damages which may occur during any and all construc- tion activities on the premises. 5 4 The Licensee shall also maintain public liability insurance coverage throughout the term of this license and any extensions thereof, so as to protect and indemnify CRANDIC from any and all suits or claims arising out of Licensee's use of said premises. Said insurance shall be comprehensive in nature including but not limited to contractual liability. In addition, such insurance shall contain limits not less than $1,000,000 combined single -limit person injury and property damage. Licensee's failure to meet this insurance requirement shall not relieve said party of its responsibilities under this License. 11. INSOLVENCY OR BANKRUPTCY: If the Licensee at any time during the continuance of this agreement should become insolvent or bankrupt, or if Licensee's affairs should be placed in the hands of a Receiver, then this license, at the option of the CRANDIC, shall terminate and the CRANDIC shall have the right to resume and retake possession of said premises without any accountability whatsoever to the Licensee or to Licensee's estate. 12. PASSAGEWAY AND ASSUMPTION OF RISK: In the event it is necessary for the Licensee or its agents, employees or customers to pass over other lands and railway tracks of the CRANDIC, to gain access to and/or from said premises, all such persons shall make use only of the way indicated by the CRANDIC for that purpose, and the Licensee hereby expressly assumes all the risk of accident, injury or loss to such persons and their property having access to said premises in connection with the Licensee's business, unless caused by the negligence of the CRANDIC or its employees, and the Licensee does hereby indemnify the CRANDIC and shall defend it against all P 'f73 claims, suits, costs and charges made upon or incurred by the CRANDIC by reason or in consequence of any other accident, injury or loss as provided above. 13. PRIOR AGREEMENTS The parties hereto, by the execution of this agreement, hereby terminate any prior licenses between the irfstant parties on the premises herein demised. 14. SEVERABILITY: Any provision of this license which conflicts with any law, rule, regula- tion or ordinance of competent authorities affecting said premises, shall be suspended and shall be inoperative so long as such law or ordinance remains in effect. In the event there is no prohibition against any provision of this license, any such provisions shall remain in full force and effect during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed in duplicate this license agreement on the day and year first above written. ATTEST: AlSlaialli SFCA .m ATTEST: CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY (CR DIC) By l cnn AI CITY OF IOWA CITY (Licensee) ,'OL -4 By 7 APPR VED AS TO FORM R 3 -_SE, LE AL DEPARTMENT X73 0 zl.C,S CONDJIT RESOLUTION NO. 88-57 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEO W. & KAREN J. SEMLER, AND CHILL & GRILL, INC. AUTHORIZING PLACEMENT OF SOFFITS ON PUBLIC RIGHT-OF- WAY AT 206 NORTH LINN STREET, IOWA CITY, IOWA. WHEREAS, Leo W. and Karen J. Semler own property located at 206 North Linn Street, Iowa City, Johnson County, Iowa, and is occupied by Chill & Grill, Inc.; and WHEREAS, the building is located on the property line of Linn Street; and WHEREAS, Chill & Grill, Inc., wishes to install a 40" wide soffit on the building to protect the public entranceway at the front of the building; and WHEREAS, Leo W. and Karen J. Semler wish to install two 24" wide soffits on the building to protect the two second -story windows on the west side of the building from water exposure; WHEREAS, installation of the soffits will require use of public right-of-way; and WHEREAS, the City is willing to allow such use of the right-of- way if it is protected from liability which may result from such use, and can order removal of the soffits if the right-of-way is needed for any purpose; and WHEREAS, an Agreement for Use of Public Property containing such conditons is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: i 1. The Mayor is authorized to sign and the City Clerk to attest the Agreement for Use of Public Proprty which is attached hereto. 2. Prior to the .issuance of a certificate of occupancy for use of the building at 206 North Linn Street in Iowa City, Leo W. and Karen J. Semler or Chill & Grill, Inc. shall record the Agreement in the Johnson County Recorder's Office, and shall return file - stamped copies of the Agreement to the City Clerk and City Building Inspector. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: Y 4 7Z' V' AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz Larson X McDonald X Strait Passed and approved this 5th daof Aril 1988. LAC,X.•.tom M OR ATTEST:�}]����„),� i CITY CLERK i i r � 1 i APPR ED AS_UF, � M LE AL DEPART ENT AGREEMENT FOR USE OF PUBLIC PROPERTY THIS AGREEMENT is made between LEO W. SEMLER and KAREN J. SEMLER, individuals, hereinafter referred to as "Owners", CHILL & GRILL, INC., hereinafter referred to as "Tenant", and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter referred to as "City". WHEREAS, Leo W. Semler and Karen J. Semler, are the owners of certain real estate located at 206 North Linn Street, Iowa City, Iowa, Johnson County, Iowa, and legally described as follows: Commencing at a point 65 feet north of the southwest corner of Lot 5, in Block 58, in Iowa City, Iowa, according to the plat thereof recorded in Book L, Page 1.1.6, Plat Records of Johnson County, Iowa; thence east 70 feet, thence north 20 feet, thence west 70 feet, thence south 20 feet to the place of beginning. and WHEREAS, Owner is leasing the first floor of the premises, which is a two-story building on the above-described property, to Tenant for business purposes. WHEREAS, Owner will lease the second floor of the premises to tenants for rooming purposes; WHEREAS, Owner and Tenant seek City approval to install a 40 inch wide soffit overhanging the public sidwalk at a height of nine (9) feet for a distance of 20 feet along the westernmost portion of the Linn Street side of the building, said soffit to protect the public entryway at the western front of the building, all as shown on the attached drawing labelled Exhibit "A" and Exhibit "B"; and WHEREAS, Owner seeks approval to install two 24" wide soffits overhanging the two second -story windows,each for a distance of seven feet along the westernmost portion of the Linn Street side of the building, said soffits to protect the second story windows from water exposure all as shown on the attached drawings labelled Exhibit "A" and Exhibit "B"; WHEREAS, a portion of the soffits will be located on City property as shown on Exhibit "A" and Exhibit B; WHEREAS, the City will agree to allow use of the property, but only subject to the terms and conditions stated herein. M 7�1 NOW, THEREFORE, in consideration of the mutual promises set forth below, IT IS AGREED AS FOLLOWS: l.. Owner and Tenant will construct the soffits adjacent to the property at 206 North Linn Street, as shown on Exhibit "A" and Exhibit "B" attached to this Agreement. 2. Owner and Tenant will be allowed to install the soffits on City property as shown on the attached Exhibit "A" and Exhibit "B". Owner and Tenant acknowledge that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private commercial purposes, and that the City may order the soffits removed at any time if, for any reason, the City Council determines that the property upon which the soffits are located should be cleared of obstruction. 3. The Owner shall maintain the second floor soffits in good repair according to City standards, and remove the soffits within (30) days after being so ordered by the City. The Tenant in possession or, if none, Owner, shall maintain the first floor soffit in good repair according to City standards, and remove the soffit within thirty (30) days after being so ordered by the City. If the soffits are not timely removed after such Order is issued, the City may remove them and the cost thereof shall be charged against the property in the manner provided in Iowa Code (1987), Section 364.12(2)(c). Tenant agrees to indemnify Owner for such cost if Tenant is in possession at the time of removal. 4. Owner agrees to indemnify, defend, and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, and repair of said soffits. Tenant and Owners shall be rquired to carry liability insurance, in minimum amounts of $500,000/$1.,000,000/$250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy to the City before installing the soffits. Owner and the Tenant in possession shall thereafter maintain such insurance in force until the soffits are removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The Parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the soffit following five (5) days prior written notice to the Owner of the property and the cost of removal shall be charged against the property in the manner provided in Iowa Code (.1.987), Section 364.1.2(2)(0). 5. This Agreement shall constitute a covenant running with the .land and shall be binding upon and shall inure to the benefit of the respective successors in interest and assigns of all parties. P //734 EXECUTED at Towa City, Johnson County, Iowa, upon the dates as indicated below. Dated: 6-/5-nl Z�' LEO W,.,.S,E/MLER Dated: KAREN J. SICMLER CHTLL & GRILL, INC. Dated: em 6y: ane Sem ((e��r J6 By: Shannon Semler CITY OF IOWA CITY, IOOW,A��_n[; Dated: 4/5/88 g John McDonald, ay°Y ATTEST: CITY CLERK, Marion Karr �7y� STATE OF IOWA ) COUNTY OF JOHNSON ) ss. On this l,5�4 day of March 1.988, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leo W. Semler to me known to be the identical. person(s) named in and who executed the within and foregoing instrument and acknowledged that lie executed the s me as his volun ary act and deed. m , TARY PUBLTC IN AND FOR THE G7 STATE OF IOWA r Q lm STATE OF IOWA ) m� 00 COUNTY OF JOHNSON ) ss. D wD On this �/� day of March 1.986, before me, the undersigned, a -I ro notary Public in and for said County and State, personally 4 appeared Karen J. Semler to me known to be the identical dsame easlher he nand dacknowledgedin anwhoexecutshe ed temecutedn instrument that the voluntary act and deed. OTARY PUBLT T AND FOR T}IE STATE OF Town �7y� STATE OF IOWA ) COUNTY OF JOHNSON ) ss. On this 1154 day of March 1988 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Shannon Semler and Shane Semler to me personally known, who being by me duly sworn, did say that they are the Director and Director respectively, of said corporation executing the within and foregoing instrument that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Shannon Semler and Shane Semler as such officers acknowledged the execution of said instrument to be the voluntary act and deed of sai corporati0 ,, by it and by them voluntarily executed. N TARP PUBLIC IN AND FOR THE STATE OF IOWA STATE OF IOWA ) COUNTY OF JOHNSON ) ss. On this 5th day of April 1988.before me, a Notary public, personally appeared John McDonald and Marion K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the said seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation, by authority of its Board of Directurs; and that said John McDonald and Marian K. Karr as such officers acknowledge the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. NOTARY PUBLIC IN AND FOR THE STATE OF IOWA 11711 man i, ' :I i p i'rlift t o I�f s .1 ^ t 3 . { ..... jrl iri i..e r al.1.1. J.H. 4 ;w h)mSMti,3 t -t tf. t4].+ 1 �p ,.:. X•• ^.1�7.. 1i• r} 0 4 '1 -' 4. 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( �tl tll , Li , Irk { nVltW '•y h r Il Jt. wt {r J ' ' tt t��tU Jktl lrY��� .tf',Lld > • 1 I , 1 1 i F. ie r ';; * � i llft'•�{J Yt k� j,��+ 3 a ' r"Tt ql tt i t 1r Itt. t,al tIt S�tt�rl,� t v)� If 13tiy '.i lC k i q•L^'I�` i t I t r l i 1. pol i IY r r✓,' > I Jrr +' 1 1 f - 1l { t I ' I i t l�,Jt 11httl l 4L 1 17 I f" r Vh t I t,1, , 1 i (fir 31 r .F 1 II It rflJ i�v t ]$• 16 '.{ t I t vrt 1 F 1 r c•�� ( t I I �J� t t '7 a ll t "�1 � t ' �• 'I I. If1t' �i �� rr I u �j" �,t � I r 7 .a �„"• t n..i `` i.,- - V 01I� J{I 31, ar�,�Ilr r,� 3" t , 3 ♦ + tl {1 tr1l fthpf.�'�� t t r �' I •7 `! 't (; 1 �y'a/, kit's '1'I 'J{7 II4.t3 V;r 41,1 "Ii f'{ •�.z�ll ''Y r, ISI tIl LL xtW IT t o I..J„JIV;, f Ifrrr: .7...a{fit L:s�.^,.t '+' p •{I:1�1G::Er•y _ � /� I li LV`N IL VQ r E�HIpIT "B" ,t 1 RESOLUTION NO. 88-58 A RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR URBAN RENEWAL PARCEL 93-3. WHEREAS, the City Council of the City of Iowa, Iowa, accepted an offer to purchase and redevelop Urban Renewal Parcel 93-3 in the Iowa City Urban Renewal Project area; and WHEREAS, under the terms of the land acquisition agreement, the City Council has reserved the right to approve Preliminary Design Plans for the development to occur on Urban Renewal Parcel 93-3; and WHEREAS, the University of Iowa Facilities Corporation, which now owns Parcel 93-3, has submitted preliminary design plans for the redevelopment of Parcel 93-3; and WHEREAS, said Preliminary Design Plans were reviewed by the Design Review Committee at its March 31, 1988, meeting and a recommendation of approval from the Design Review Committee has been received by the City Council. 14014, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Preliminary Design Plans submitted by the University of Iowa Facilities Corporation for Urban Renewal Parcel 93-3 are hereby approved. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, an upon ro11 call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X DICKSON X HOR014ITZ X LARSON X MCDONALD X STRAIT Passed and approved this Sth day of April , 1988. �4/x OOLM 2 MAYOR ATTEST: I*T CL ERK 2 / Approved as to Form CCL Legal Department a //%5" City of Iowa City MEMORANDUM Date: April 1, 1988 To: City Council From: Patt Cain, Economic Development Coordinator Re: Recommendation of Design Review Committee for Council Approval of Preliminary Design Plan for Urban Renewal Parcel 93-3 On March 31, 1988, the Design Review Committee reviewed the Preliminary Design Plan submitted by the University of Iowa for the redevelopment of Parcel 93-3. A sketch of the landscaping plan for the entire site is attached; Parcel 93-3 is indicated by the dotted line. Jim Coombs, UI Facilities Planning, discussed the plan for the site. He explained that there would be 11 Washington Hawthorne trees around three faces of the building, including three trees on the urban renewal parcel. The remainder of the parcel would be grass. Members discussed the possible placement of additional trees and shrubs on the site, and Coombs explained why the tree placement shown was chosen. Members did suggest that the University consider one additional tree at the north end of the site. Haupert moved and Alexander seconded that the Committee recommend Council approval of the Preliminary Design Plan submitted. The motion passed 1-0. bj/pc2 M 4475' m .1 RESOLUTION NO. 88-59 -- TO TION CHASE FRESOLUTION OFOR PRIVATEAUTHORIZING REDEVELOPMENTEPARCELICA IN THE LOWERR RALSTONRCREEK AREA OF IOWASETTCITY; NG AP INDICAHEARINGEFORUMAYLINTENT 17, 1988, ON FFERSHAT TO PURCHASE PARCEL C; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSEPROPOSALS AND ON TO IOFTION A PUBLIC HEARING ONOF NOTICES OFTOFFERS HE ITO PURCHASESUBMIT USAID PARCEL. WHEREAS, the City of Iowa City is empowered under Chapter 403 of the Cade of Iowa (1987) to engage in the sale and transfer of land acquired and cleared by it for private redevelopment; and private redevelopment WHEREAS, the City of Iowa City wishes to offer for p Parcel C located in the Lower Ralston Creek Area of Iowa City, Iowa; and WHEREAS, pursuant to Code Section 403 .8, the City hereby declares its intention to sell and convey said Parcel C to the preferred developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That pursuant to Code Section 403.8, the City Council hereby invites proposals tredevelop othe map attached. Lower Ralston Creek Area of Iowa City, as z, That the City Manager or his designee is hereby authorized and directed to solicit offers to purchase for private redevelopment Parcel C. 3. That offers to purchase Parcel C are to be received by the Iowa City Department of Planning and ProgramP.M.May 6Development,1988, and thereafter Street, Iowa City, Iowa, until 1:30 .m. May Manager or publicly opened by the City his designee. ntent to name a preferred 4. That the City Council hereby declares its i developer after receipt and review of bids for Parcel C, and to accept the bid of the preferred developer. 5. That a public hearing is hereby set for MayCenter9,B8totconsiider the the Council Chambers, Iowa City proposed sale and conveyance of Parcel C. 6. That the City Clerk is hereby authorized and directed to publish notice, as required by law, of the aforementioned solicitation and to offers to purchase Parcel C for private redevelopment; da days before the publish, no less than four andno notice rofthan thetaforementioned public date of the public hearing, hearing pursuant to state and local law. P a Resolution No. 88-59 Page 2 It was moved by Strait and seconded b Resolution be adoed, and upon roll call there were: Anib the pt AYES: NAYS: ABSENT: X x Ambrisco Courtney X �— Dickson Horowitz Larson r McDonald Strait Passed and approved this 5th day of _ April 1988. Add t Approved as to Form j ATTEST:27)/ CITY CLERK Leg 1 Department 1174 Lu W 1 6. LU mi BURLINGTON I U) I U) U) i Cn COURT ST. I P057 OFFICE HARRISON I ST. I 72 z : W EiNczHsto,,,oY4 mwIz � -� m F- PRENTIS, ST m z m z l z _J U I CJ U teaELI ELY GROVE 2 1 Noce: Parcel Location and Size are Approximate See Lot Survevs. _ cn .. z LLJ m II II ST. ( LEGEr scatE � ... 474 LOWER RALSTON CREEK NEIGHBORHOOD I REVITALIZATION PROJECT project boundary. � MvAear[o srs. OOBLOCx HUMBER I Ist ctosm ro mune REDEVELOPMENT PARCELS: B,C,D... etc. scatE � ... 474 RESOLUTION NO. 84-60 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH TILE ELDERLY SERVICES AGENCY TO ADMINI- STER A HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED, AND HANDI- CAPPED PERSONS. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (COBG) 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 Serv- ices 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 admini- ster a housing repair program for elderly, disabled, and handicapped persons. It was moved by Courtnev and seconded by ,lmbrisco the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X DICKSON C —_ HOROWITZ x LARSON x MCDONALD X STRAIT Passed and approved this _Sth _ day of April 1988. M YOR Approved as to Form N ATTEST: �Q CITY L RK LEGAL VhPARIMENT 3/77 Z7/ AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY FOR THE USE OF 1988 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED, AND HANDICAPPED PERSONS THIS AGREEMENT, entered into on this Sth day of 1'ri it lggg, by and between the City of Iowa City, a municipal corporatio—n'(Teerrein—referred to as the "CITY"), and the Elderly Services Agency, an Iowa not-for-profit corpora- tion (herein referred to as "ESA"). WHEREAS, the City is the recipient of Community Development Block Grant (herein referred to as "CDBG") funds, granted by the U.S. Department of Housing and Urban Development (herein referred to as "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 assist elderly, disabled and handicapped resi- dents 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. NOW, THEREFORE, the parties hereto agree to the following in performance of this Agreement: I.I. PURPOSE AND SCOPE OF SERVICES• A. ESA agrees to assist elderly, disabled, and handicapped residents Of Iowa City with necessary minor structural repairs and modifica- tions to their homes that will enable them to remain in their homes (the "projects"). B. ESA agrees to develop and implement a housing repair program ("Program") for elderly, disabled, and handicapped residents that is substantially consistent with the housing Repair Program Man- ual, dated March 30, 1987, provided by the City. Any substantial deviation from said manual shall be reviewed and approved in advance, in writing, by the City. C. ESA agrees to hire a qualified construction consultant to advise ESA, as needed, on the repair work requested and to inspect com- pleted projects. D. ESA agrees, at its own expense, to perform the administrative functions, other than the construction consultant activities outlined above. E. 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 moni- tored by the City. lf77 V .P -2- 1.2. TIME AND PERFORMANCE AND FUNDING: A. This Agreement shall commence upon execution by the parties and shall terminate on December 31, 1988. No funds will be disbursed after the last check -release date in December, 1988. In consid- eration for the services to be prove a ereun er, the City shall pay and ESA agrees to accept no more than four thousand dollars ($4,000) for performance under this Agreement. B. Partial payment shall be made no more often than once a month upon presentation of invoices, service agreements and contractor/sub- contractor lien waivers for structural repairs and modifications completed to the satisfaction of ESA and City. Statements of billing shall be due by the 5th day of the month and reimbursement shall be made to ESA by the 25th day of the month for City -ap- proved expenditures incurred during the previous month. C. No Project shall be considered complete until after receipt of the Agency's certification that all work has been completed to its satisfaction. 0. Monthly reports detailing each project's progress for the previous month shall be submitted to the City by ESA by the 5th day of the month. 1.3. GENERAL ADMINISTRATION: A. Required reports. 1. ESA shall be responsible for the administration of the Housing Repair Program. All expenditures under the Program shall conform to the OMB Circular A-122, Cost Principles for Non- profit Organizations and Attachment 0, Procurement Standards, of 0148 Circular A-110. The City has provided ESA with copies of said OMB Circulars, and ESA hereby acknowledges receipt of said Circulars. 2. Not later than Janu_a�ry _31, _1989, ESA shall provide the City wit�it i'� eT a emt n of expenditure of funds dispersed under this Agreement. D. Other reports and audits and inspections. 1. ESA shall furnish the City or HUD with such statements, re- cords, data and information as the City or HUD may reasonably request pertaining to this Agreement under the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the United States or their duly authorized representatives, all of ESA's records with respect to this Agreement, in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by this Agreement. -3- 3. ESA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three years from the termination of this Agreement. 1.4 TERMS AND CONDITIONS This Agreement shall be subject to the following additional terms and conditions, to wit: A. The City will assume no responsibility for the service contrac- tor's operations under the Program. B. ESA shall, at its own expense, procure and maintain during the period of this Agreement, all risk property damage and liability insurance to be effective as of the start of the Program. Liabil- ity coverage shall be not less than $100,000 for bodily injury per person, $250,000 for bodily injury or death per occurrence, and not less than $25,000 for property damage. Proof of insurance shall be shown to the City by furnishing a copy of a duly author- ized and executed policy issued by an insurance company licensed to do business in the State of Iowa, together with a receipt showing payment in full of the premium. C. Equal employment opportunity. ESA shall not permit any of the following practices by a contrac- tor, client or ESA employee: Discharge from employment, refuse to hire, or discriminate against any individuals in terms, condi- tions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. D. Non-discrimination in services. ESA shall not deny services under this Agreement to any person on the basis of race, creed, color, sex, national origin, religion, age, marital status, handicapping condition, sexual orientation or disability. All project beneficiaries must, however, be elderly and/or disabled/handicapped. E. Termination. This Agreement may be terminated upon 30 -day written notice by either party. F. Interest of ESA. ESA covenants that it presently 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 under this Agreement. ESA further covenants that in the performance of this Agreement, no person having such an interest shall be em- ployed by ESA. 4Z77 v -4 - Interest of certain other officials. 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 and carrying out of the Program to which this Agreement pertains shall have any private interest, direct or indirect, in this Agreement. H. Assignability. ESA shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written approval of the City. Hold harmless provision. ESA shall defend, indemnify and hold harmless the City, its offi- cers, employees and agents from all liabilities, losses, costs, damages, expenses (including reasonable attorney's fees and court costs), or actions resulting from acts of persons employed by or in the Housing Repair Program, or resulting from or incurred by reason of any actions based upon the performance of this Agree- ment. Limitations of City Liability - Disclaimer of Relationships. The City shall not be liable to ESA, or to any party, for comple- tion of or failure to complete any improvements which are part of the Program. Nothing contained in this Agreement, nor any act or omission of the City, ESA or any employer, agent of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party benefici- ary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the City. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date above -stated. CITY OF I014A CITY c � ATTEST: 4"!-' R -) e ..) APPROYED AS TO FORM R a ` ft LE AL DEPARTMENT ELDERLY SERVICES AGENCY WITNESS: 5177 a RESOLUTION NO. 83-61 RESOLUTION AUTHORIZING EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CONTRACT WITH THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT PROJECT NIA05-VO22-007 WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contracE hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in four copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. All resolutions or parts of resolutions heretofore adopted by the oca u hority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the revised Annual Contributions Contract remain in full force and effect. Section 4. This Resolution shall take effect immediately. It was moved by Courtney and seconded by Ilorowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Courtney X Dickson X Horowitz X Larson X McDonald X Strait Si7�i u N Resolution No. 88-61 Page 2 Passed and approved this 5th day of April 1988. ..,.... AYOR Approved as to form ATTEST:?}7Q !/JS 1/zYr L CLERK Legal Department 14%g V ': lhibd A IA05-Vo22-002 IA05-Vo22-007 ACC PartI Number: ICC -9033V V U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT—PARTS for HOUSING VOUCHER PROGRAM Ll. DEFINITIONS. A. ACC. Annual Contributions Contract B. Fiscal Year. The PHA Fiscal Year as specified in section L2.B of this ACC Part L C. HUD. U.S. Department of Housing and Urban Development D. Maximum Annual Contribution Commitment The amount of contract authority reserved by HUD for a prcject. The amount of contract authority reserved for each project in the Housing Voucher Program is stated in Exhibit of this ACC PartI (subject to reduction in accordance with section L3.E and section 2.3 of this A CC). E. PAA. Public Housing Agency. F. Program. The PHA's Housing Voucher Program. G. Program Receipts Amounts paid by HUD to the PHA under this ACC for the* Housing Voucher Program, and any other amounts received by the PHA in connection with the Program. H. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the ACC and HUD requirements. 1.2. HOUSING VOUCHER PROGRAM. A. Projects. The Program under this ACC consists of the projects listed in Exhibit I of this ACC Part I, each of which represents a funding increment for the Program. Page 1 of 5 pages HUD 52520 D (June 1985) egdX3 1N3WNH3AC,n LV 030n(301idk B. PAA Fiscal Year. The Fiscal Year for the Program shall be the 12 -month period ending JUNE 30 of each calendar year. Mmert the day and month used as the Fiscal Year ending date for other section 6 assistance administered by the PHA under anACC with HUD.) L3. ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions for the projects in the Program in accordance with HUD regulations and requirements. H. Term. Payments on account of the annual contributions for each project may only be made during a term of five years, and shall not be made after the end of the five year term. The term for each project begins when HUD makes the first advance to the PHA on account of the annual contributions for the project After HUD makes the first advance for a project, HUD may enter the fist and _ last dates of the A C C term for the project on Exhibit I of this A C C Part L The Exhibit I as revised by HUD shall constitute an a m end m ent of the A C C Part I, and the revised. Exhibit I supersedes any previous Exhibit I for the Program. C. Amount and Purpose. The annual contribution for the Program for a Fiscal Year shall be the sum of the amounts paid on account of the annual contribution for each of the projects in the Program. The annual contribution for the Program shall be in the amount approved by H U D for the Fiscal Year to cover: 1. The amount of housing assistanoe payments by the PHA. 2. The amount of PHA costs for Program administration. The amount of the annual contributions by H UD may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest incom e) other than annual contributions Maximum Annual Contribution Commitment fa Proiect. Except for payments from the ACC reserve account as provided in section 1. IF of this A CC, or for paym ents under section 1.3. G, the annual contribution payment by HUD for a project for a Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the project Such Maximum Annual Contribution Commitment shall be available during the five Fiscal Years beginning with the Fiscal Year when HUD makes the first advance to the PHA on account of the annual contributions for the project E. Reduction of Amount Payable. HUD may reduce the amount of the annual contributions payable by HUD for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction in accordance withsection 2.3 of this ACC. The notice by HUD may incluse a revision of Exhibit I of this ACC Part I to reflect the Page 2 of 5 pages HUD 52520 D (June 1905) zidX3 1N3WRa3A:'� lt/ asonC108d reduction in the amount of contract authority for a project- HUD notice of the revision shall Constitute an amendmentoit Exhibit and the revised Exhibit I supersedes any pr evious Exhthe Program. ccount may be ACC Reser %e Account. A HUDinan amounerve t as determined by established and maintained by HUD for payment HUD. The ACC reserve account may be used by ent approved by of any portion of the annual contribution pay. HUD. G. Pcrtahn7rt} Prooedures. Preliminary Fee of Receiving PHA. In addition to the maximmm u�o � �0�ve al�� under section LID, and Paymentsa approve additional annual contribution section LIF, HUD may ppr of paying preliminary fees to payments to the PHA for the PmpxPHA Ain accordance with HUD another PHA acting as Receiving oo ina requirements under the portability pr vments for Project The total of annual H. Limit on Tota- P (ed in se any contributions p3yments by HUD for each project payments from the ACC reserve account as provided in ceOn 1.3.F, but not including any payments anro der section 1.3.G) shall t be more than five times the Maximum Annual Contribution Commitment for the Project- L4. roject L4. ACC. A. This ACC for the Program cor>9sts of this ACC Part a HUD for the Exhibit A and the form ACC Part I[ pr��Voby H Program, Housing Certificate Program and Housing designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 3 of 5 pages HUD 52520 D (June 1985) N=dX3 1N3WNki3A,-") .i.d Cl 0,O kid P B. This ACC supersedes any previous ACCs for the Program. Matters relating to operation of the Program under a previous ACC shall be 9overned by this A CC. Signatures PUBLIC HOUSING AGENCY I%A CITY HOUSING AUTHORITY Name of PHA By gnature _ 4/19/88 Date signed rent or type name Signature Date signed Jerry L. Bauer, Manager - Des !bines Office Print or type name and offiaal title of signatory APPROVEDy SryfO FORM LEGAL DEPARTMENT Page 4 of 5 pages HUD 52520 D (June 1985) �gdX31N3WNHjA'-n iy O30f10 ad 0 a 71105-V022-007 M05 -V022-007 ACC PestI Number: KC -0033y V E X HIBPP I PROJECT CONTRACT FIRST DATE LAST DATE NUMBER AUTHORITY ($) OF TERM OF TERM IA05-VO22-001 $ 42,820 02/03/1986 02/03/1991 IA05-VO22-003 $ 25,314 01/01/1987 12/31/1991 IA05-VO22-004 $189,816 05/01/1987 04/30/1992 IAOS-VO22-005 $202,927 08/01/1987 07/31/1992 IA05-VO22-006 $ 41,939 08/05/1987 08/04/1992 IA05-VO22-002 $126,715 05/01/1988 06/30/1993 IA05-VO22-007 $243,010 05/01/1988 06/30/1993 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT April 18, 1988 Date signed Page 5 of 5 pages BUD 52520 D (June 1985) 0 PRECEDING DOCUMENT RESOLUTION NO. 88.62 ' RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY88, ENDING JUNE 30, 1988, FOR PUBLIC HOUSING PROJECT IA -022003, [A05P022OO4 AND IA05P022005. WHEREAS, the City of Iowa City has in effect an annual contributions contract No. KC9166 for Project IA -022003, IA05P022O04 AND IA05P022n05, and WHEREAS, the Department of Housing and Urban Development requires the adoption of the annual budget and any revision by formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, in its capacity of the City of Iowa City Housing Authority that: 1. The revised Budget for the referenced projects as shown on the attached forms be adopted. 2. The proposed expenditures are necessary in the efficient and economical opera- tion of the Housing Authority for the purpose of service to low-income fami- lies. 3. The financial plan is reasonable in that: a. It indicates a source of funding adequate to cover all proposed expendi- tures. b. It does not provide for use of Federal funding in excess of that payable under the provisions of these regulations. c. All proposed rental charges and expenditures will be consistent with pro- visions of law and the Annual Contributions Contract. 4. The Iowa City Housing Authority is in compliance with Section 207(a) of the Annual Contributions Contract, which states in part that the Housing Authority is re-examining the incomes of families living in the project at least once a year. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon ro ca 1 there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY _ X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT Passed and approved this 5th day of April , 1988. W L& MAYUK ATTEST:�2 Approved as to Form IT C EP,K Y27/aY Legal Department //79 X79 .S.as.+r.Erfy+OuSy .nO wE.n0y40rH,1 t •.e-.ffn a .o.[. . t0..+txr .OUblrG gCCe• • Lx•.0...1 vmnl n nO... ..... . OPERATING BUDGET LM•-L...N x....nri.o•..:3 A. IN,, .. — I., r..I.1 r..r en...l June 30. n 88LMA-o..W-N................ LMA L........u.n.nbr..... O.IGrx.. S +tvlS.On 1 LMA-C.n...N 1r.'..•Al..n..nN... C.nx..r. rr••. 10.4 City Housing Authority KC -9166 .ac. nv.u.. IA0 037. IA05PO22004+8 005 """ Civic Center il0 East Hasnln9ton Io.a City. IA 52240 In•••;74.1 Phone: (319) 356.5404 fit o.rm....[.ti—ICC iEOUESTED BUDGET EITIYAres .v .i . <�. Des Moines I Kansas City +vcoav ;I "B8 87 1 I,. AD I JAY o.l 001 ... -... P..... A W1.• M,r.NI 1 I Da er.AI.e .. •..0^ .... 111—.14. I D.L..n ., B..N.e.. •..,„.. I 001 � x....u..r• Wnrl.l. P.,.. n.. IC.n.r.l I IDrn. a -v ttcrn*s. d'. D..Il.nl Il.n.a. 163.361 146.9 63.981 122,000 010 N.nlr.11.nt M. n..l• i 1 W y ...1 .n..l ln[... 1 1 lap nnnI 010 InN.N.n G.n..l Ivn. In... n.,r. 0.0 a a•v ON.ua bu.. DID rvr.L aru•n-e v¢eon ucwvl-e xuv co'.iu.. ' O .DYI-IsrunD". .m 41.69 29.61 26.14 19.450 Ilo I., A. •....,u..N l ENANT UIRVIClL 0 daw ]]0 filn.nn. P. i.non..N Orl..rfn...n 110 C....... Cu. - Tr..I., .I On✓ xm rn.1 n... ....... E. N.... 1 V}ILlr.t{: 110 LNN1 320 ,- UI.l'n.. G 1q � rad Vun.n bN,m I .I GtvINAIi Y•.Nrtx.K1 ..D 019-.1'0-: 110 _ t L.I. lip Yu.r.l. 79 14 J41 A R011I 110 A, c. -m ' c ... ni 71 111 17 1711 1 110 US • D }..I p.l.rT W:n..wn..n. 0,......, E.Mn... �' + I+011cilVt 1[+vKtl. 110 w 110 Ila C.nx.. Cul. Ila 1.-111.Nlr. M..... L.wn.• GI -!.•L 9.19x511. 110 luw.e[. 7 7 I 110 M11. -n I. bn d amis 97 14 1 1; All 11 79n 110 Lr..a LNo I.,.NI. 110 E..I... e. -.Y, c...a...... av on...'.. L<.... I.34 1 .34 1000 I o.-., c.-.ra 4 4 ,00 mr•L tvun.t 1111.54% 37.73 145 RE 41 A;Ilflc.64 uo +INET TD w -m or Leuev D•uu-m rOUD...•.... wtxSu L 110 -a-.nml-e nre-mrU.tu A, e.x...l;.. 12.64 F 14.71 10.949 CETT• 110 en.u.n. .N •ILe.e. ao N......-. E. ,N.„„ 9 000 no o`o..., .1 TOTAL ro-+OVT'Ni evt-Dnu+tS 4 X79 •uD-I:f. .y a.t.1t••++.tNr Or wuaxe..D VRe.. ae.nvNPr .p._;I., m.No r.0u.rr OPRATING BUDGET E.eq June 30, 1188 3..0,..1 S+eAnm«.o.l ^' "'•••••�•• IJNa Clty .Du3tng Authority CIviC Center 410 Cast ',lasmngun' lC.a Cit IA 52240 KC -9166 AAIT i wrpl REQUESTED E000ET Ef9N.}Ff ••01[Cr .Y.YI, r,K•• Tpry•ya IA02033, lAOSP022004 S 005 1 •.•. <ur.axn. N-. un.uu I.L. .o3r•rc..mN. , uoaar •. a•.,m nn. ... .•e •.LUN. .o.x .. ...w.r..»«,an= Lw.w u u Y rr..N..r...ux u Ir.n.D, ,.a ....N.......r.... ....nr.r,«Nr c. ..o ,[ ,od r• I '. 01.[Rnrt.Dlrwel, I 110' ao.. bo al.u..o. I 110 in•I C,Ir•r Lr.nlnu,n 11 I At I 1101 iO4L 0119•iINO l.IlxpllYr[1 1 150 1 Idq AD1 rI +t 110WL.[C[II1510[ D1,101I1[104 Nu0 Coxtu.LL o9D now ..o r11arnlD. roR arPATtNO R[rt'B 26.3 10.881 (7.11 (5,989) 1 RESIDUAL RECEIPTS IDR Dlrlan6111.4fPCO. El OT..w CO 010 ItIeUTIDa AND rRonuoN rowreunN3 rtv.ver 1 (7.11 (5,989) 31.911 NUD CoaI111M.1 q0 IQLAIR..•,.E a.1 ..Nr blur 1 I 910 Tna D,br NUp G.mb,nn• aro R.....I..•rrr.l.rorr,.mt.l..•R•1.,.. 6.3 10.88 7.11 5989 910 ., w o..n,.. R...... t I O1 4.1 7.94 9 OPERATING RISERVES FOR A CONTRACT OR PROJECT PAN I - 4.1... 0'.11.1 R...r. - ND. GJ .a C... B WPI T.Rr I SECTION • - LNA-0W.eD RENTAL NOULND It 01 I O.a.11 ISM) .11... 400-C.1— 5-1«. MVC -0154 INA C..... 52,820 SECTION .. 1..19.110 NW fINO . IIITr0. 11 OR 1061 1 a O..4NN ISM) .1 Li.. IW-Cdw S- hu NU0-19Ja Io. P,u., SECTION C - LN•9.NID 011 LEASED NOU11.0 • NouEO.NE.IxII Ol 0..+.11130) .1 Ln. IOD. C.1— 5- I«. N D-515111.. P,11 a On.•rx,..I33.1A).11... DOW _C.1-. S. I.-NUD.525" 1..In.n LulI1..JLl.n 01 ml US P.. 0 - Pr..laP for Rd 9.11 .1d .r A.n.1 o,N.IINE R ... nn n T1 ENI DI A ...... .I l...1 I...,... I .... I Y.1. _ AN..1 5 511195 97 Ir....,.. 1. PER— . C«...r EN.[., Y.. _ ERMINES m, A...1 (5,939) DE 4...r.. a lM d C✓.., EMI. Yw•• Fn,-. N..LNgE 45,206 q r.....,.. I« n..—. - o,n," EJ'. I—III ...... S5909 Spec. 01st.- line 990 5,829 to 0...11... E...1 n...... EdLI Y., _ on..Nl 51,035 1...1110.1, Lyle G. Seydel, Housing Coordinator "%/ i "AN. ANA 1--,.r.y,..r 7.8.88 rmra AREA 311E .In0u1 • Oro LH•r+•. 'Ouq Of/ If M Ir.... �• ll'I 3........I Naga, D.,..N J..nHaar. W, June 30 d8 lora [1Sy.HgUiLA Clvlx Cente--�8- -9-" pt --'------- --_--AID Fest 14ajhinqton Iowa Cill, IA _ __ ____ _ o........ ........ D-• Nlr'nx • 1i, !.I -Up .II aN I...wr...n... r .Nn S•r. n 77 L...N Mwr•...I...r..... r.r.•..+......... . n ....'..,n . r .n. rn nlwl. l«.«r.r« «.,. r•I« rrN I.r .l. • N •' . .M.... r..•....Ir .n .. a.yn•r .r Ls f,ae•+lI tum ...... n..... lu.I ..u. a, l".ra•un..ny. w,Ylr rrr nlllw.y rY. (.«.•u. ...4u •• .. ..... A.•.r. I.11. Iwu Nu.. w1 •I.ul,rr nn M. uud • ..•a..1.. Il..r ual.Ir1..••r.n...MI In Nrn.n..r.,. r.,r .....Ir LN' .N/n ,.nnr. 61 of the 62 units are under lease. Using current tenants thru January 31, 1988 and Projecting 5 months, ft ft anticipated rental income will increase from S109,300 to 5122,000. This represents a dwelling rental increase of S12,700.00. .(r 11 In.n: INOi Ir a•wrr U Lwu1 Mwq.l CMJ o✓Nr.m rwm.n nr I. r.......ur11.... Iw ... Gr,.N..NwI rMJ wYrr uOM•InK I.rNr^al r41•w,µlr air t'rrrFu NNr dlw .vla. rluum .rd:ry Jlnwu. [nFu r.uNW .Iran nJlw. .tl.r • .q.rLun aM..r .n rlr. wd rrr.I d uror rupry rM•Mr lun. rM INrNr1(NM r Ywr Nu . rYrr 4nY. • Il un. rM:J I 1. u1n.11 In..or fr•aw.Nlr Gr❑ [b...ar.0 N/A All utilities are seperately metered. Effective date of present utility allowance fs 3-10-87 and rill he applied at lease renewal date. MO.ulluIr. IwOr Ir 4arr 75 L.. r.l M.r.gd C I. rw.n. (.rJIM.-.1 v Mur. LLw1.00Wra• r • I• NwrlHl....r... w. a Jlwnl nur.,.1 Nr.F.11.y Innl burn. r r • a Ci .FrNa •.rLUNM vl•..M (Nr..bl 4Mp. )yr I• 1... Ir.N ni.�•�.. 9rnl T•..r N/A [. Cr.w.1, Carnln..n b rY. INd W dr I. N' I� yr lyr.rn (INN'rI.. YYPIt1Y,rrr•rNr 1r1 Lrr..14.1...I C;will., .Marla.+1l w.l.r. ..N r.w rlM nrrM ru.b .•n. r•rrM lv...b lFr.+M4•. p l.r I Ml�u Jll+uLl n54r rar rrw«Ib M )M •INewl W.N. y.nbnl Fr rvNl. 4run Nb nl. dwr rM i.w.:r-r i�N lr�N�iM-•rTlri•F•�i1diN ilu r^rNwMinruwlauru utl �H.rntL tl4. ybu1. + «grru r/«.M albdy NNn rdalr. n..11b r.N+ • .nip•Nr ..b M1rW rN w11 rlr lu.lb.. IInn 1M.dr 4r N•IIIrP Y M nMrN Ir bM Ilp W N Ir.Ln NruirrrNwl lla w,NM.lhmp nr Iwlllq wrrn.A irrM d'.alr In rrP rn. nu1N n r aNrFwr NN.M1 d r4 r m.n rya Mi nurn N qn 1..iwllr riulNNiY M.. ..rrr Il.rwrrlr Nr .Iln. N/A uomsu a. 4n.n1 pil.m i. w..l a.nlry (rri..r .r w (Nair Yr t' n•i.ONr•1Nr .1 -1.1W w.w.. w N Cxri.r/Np 1wr 1 ( I wM b {IMIr IuJbr 6 C—• 1 .Ir.rnN ali Jv rrr.lmYlr a LlNrl. Lnl4r; t a 1 Cn. INN rrr wle IIN Ir 11]a. r i •q n n1 J a t 1 .VPIUry 4179 .r• -1f 7 9' r� .I Y ,r.rl '..,weir Oor..,•.y B,dprl :C . •.nni N�.rl rl Wp 0.n W Jnnk(.e«. •'•{ .r L., .... r...... . en. June 30, 1,88 Iowa City Housing Au [nori ty Civic Center -X410 East 'Washington Iowa City ,jy. l'. : • 0...u,y 4unn 14n,.w1 - _y�J - � . �;�- G.al....r..rr.• n Mrl •+.Gr.IrW .. r+ Y�•nfrn-. ~ .. ........dr..u., • w M., rl .r ••Y w ....II,M1 r. . .. A ~,� .•.rN,.. .M. n,ll ,llr. ~' � • ..........�.••w,..r. 4n vr ... °-• pr.e. Operating Reserve on 6-30-136 was S46,942. This .ill be increased to 551,195 on 6-30-87. This will be invested at hignest possible rate and should generate approximately S3.300 _ interest. Tenant security deposits are invested in a similar account and Should generate another S1200 interest. Estimated interest income 54,500. This is down from last year - due to lower interest rates. alr„-nr..ao..n,..iM...:.rcir..rn,. .n.n...r uY,i.....,r... a,.[. .,... ..n v........... dr.o.;ll........r.,.. sor M b.r... I all......r. I- lwl.- U L-1 4r,y „ ...,. Iry .u.rH a .anr .4,.•. r. ,.,..... Receipts from coin-operated laundry equipment Is estimated at 5400.00. Tenant-caused 7 damage and unpaid utility charges are corrected and/or paid by the Authority, then Charged back to the tenant or in the case of a move-out, it is Charged to the tenant's security deposit. Estimated Income from this source is 52.400.00. This is based on 8 months actual experience in FY 87. Total - S2,800.00. Iuu,M1.n1 S.L•r 4Y __ _ _ .. .. _ - - _ . •L.Irilrr •A. —.•. Will .n .w M....1 ,nlvr,... .ly.. y ryn Nu0.I11N, •n ... +... HI Fn.+.u.1 ...r.dr........ luywul .nw ,4...... un+.r br .Wdu.M.. G1... ,. 111. �: r.. wuoalfu. . ...,..l....11•. r N..,.r .Ilr..11. F NY nWom r.s...1.T.b .. xMn LYH ...r •• .r uL AnYnww Ill- dbx(mi. {r ,+N .b.. +,b..kill.- o..l.— w.. NUM• 1/10 • 3/10). Crl..n Ill Cn,u •w rrr,u a w•,1 .J.r .. r.nu rw.. n Glrr Ifl. Ql.r 111. i.. wUaf11N..IW.11. r. wYD..,(N .. 4.nq .n rnyr...,..Mr Mw fverw 1l LwW LwuY. C.I .ql tr.M.. rdr.Yl ub• r. - •HUD.fUK .IM.Ibw Lnr•+ll L.o.14.m1 n....p.ru, ,nN.0 rA. ...,w .1 w,.ar, Id4ur unur, W M srr d uNq ur..0 4. dl ruew.. /u,NNr ••.1•• r I... .. -. Huoanu.,,,,4.rwlq 1,• w,.ua.. rrl r..w_.W L•H..rH .N A=m..� nT�l p.,.; - ..HUO.UINwnq...n�i.y.r �_— a4 M. f.rw 1 M.•.r ]] l..N ' �'.. •••. .. r-Ili ql OI ,.Ll....,,.n,.—w.r.L....I NL,... i. B .B 19.435__— f 174.919 0 bN,+.rr W.mrn..4 G.uewL.w I Yw1.I.r,.L.1. 1 d+.. •,,,wruL..l, ..,,1 Legal 1 .04 500 4.500 - '. - rr lw..,(n.4 Ynwwu LY r NU0.11541.Mw...r.1 ..1.• •.A.. ,. C.Lr 131 "we .In., nL...ry.....,.,4gn..,•.n I.r r HUD.1lJ14, ilr..r.l.l .n. ,r..Y l--.. C.1-111 r A. ...w,r.J1w, I.- W-. 1. w 1..r11rq W.nw.,..0 r.,l r,yru. W N Jwwwl.. w, ANluw Irl InH.r. +•M SINN .n,w ~„.L.L u1e.(.I rn..n w w m1.r11r �4 Lw1 4M1, .. 14r .• L. NUD.IMI. HS=' wU0•I1111 -1f 7 9' V. w. rvo LIU , J,1 .Iwr ,.-a, .rw.arn tbw.eq BNa•r S.... '1.19.4", D.4..4 A.•dltr.N..r v., I", June 30 Iowa City Housing Authority Civic Center - 410 East Washington, Iowa City, Id 0 .... uq ar.w.M1.,, Ic..n.—n obMu. a,d.w.,., brwuN baM, b.. ..... ..... tl. It Is anticipated that insurance costs will increase at least 10t. Efforts are being made to find a more effective and cost saving insurance plan. 59,970.00. E-rb•w M.db G.w\.r Im.II Lrbrw U."b • .. ur.1 •.. qlo i.nnm.. Lr dl rlr.. 41.r.mN.. M m. r.u.. I.Irriwi 4. .T.n. r.w HUD lww+ w• L. sr Lrr, V.wr. No significant change. Based on salaries of employees. CO.,— L ..a.,.,w o—l.r rl r.... wrlr\bM M.wr,.w.11WM.,.\w W..1•rrr.1wor .11 ..—w. 1- 61. w'....+.bn Jr1.. a.w\ur.IrnFM..nen w•.' . As of this date there are 12 tenant accounts receivable to be written off. They vary In amounts from SI1.35 to $270.00 and total $941.48. One delinquent account is subject to garnishment and it is anticipated a minimum of 5250.00 will be recovered. E.w a r.wowv., eoMrw w.r •I Eru.rr.4 oa aarrr•u ra FNin•wr tY. qw wYe..rwrl w rM iwnllunw Iw wrF +••�.T�T.irT1.•11gr•M ,.ITr•rirTwTi ,.TT• .prF rl. y M •ole. •+ lww wYp•JU]0. bu.b..• .•I.rw....u..rw,.w r w.n.FN . !w wU6s]ap..N rr M r.F.. W Iw.. I. Replace maintenance van with pick-up with side boxes. 59,700.00 2. Install siding on three single family dwellings. $10,949.00 3. Purchase additional hardware and develope software to increase computer capabilities. $9,000.00 wo.nus .uL avwwi�n,wnwo.n .m-.rML. W ,i/0 ,ILII . IJr �I. r.h Iw 1.1)Il 4...n •1(«aryl 0.n W IN NH•nlr. /„rN rwr eN,w June 30 1/ 88 Iowa City Housing Authority Civic Center - 410 East Washington, Iowa City, IA ^ ormnq [owiN.. Icrn.r•I b.wn N 1n11.q .N ANn Nn lu.r-..w.L U."', NI M.••w1. •..... w NI YnM w««r n 4.bInFN n.W Inu«N 9:Ili,r i. C.n''r (fir ✓, .,rr.w.,MInM rWyn«Mw..rlu llllwl,.,l«INA.Wn.w. C.V«.w ,r up• . w. ,Jur w M 1« xlr.n wur Inll «.n• inuLu„w W wNr« n.wn,l.l.n ul«..«r. Gn d4un• M^I—' '• •«...w.unl!«. wU0.111a[Iw r.u.lr .Il bwu«.Fw rAw..,.r, «� The Housing Authority administers 473 units of Section 8 Existing Certificates, 118 units of Section 8 Existing Vouchers and 62 units of Public Housing. The current staff is authorized by City Council resolutions 84-286 and 85.66. This same staff provides support for the Housing Commission, performs other studies as necessary and provides administrative time necessary and required in search of additional units. For administrative simplicity, the current staff and projected salary percentages of wages follows: Public Housing Section 8 1 Housing Coordinator 10 90 1 Housing Management Aide 10 90 2 Clerk -Typists (10: each) 20 90 each 4 Housing Specialists (10% each) 40 90 each I Maintenance Worker 100 1 Assistant Attorney 2 Hrs./Mo. 4 Hrs./Mo. ......ly eFr.. w.rnb• ow. eN rr.. r.L,Arr I. r.w,�,.. ,N f.,,i I, wll,•, w ••Jr,dlm,« I•r rnnl •.IwIN.. Ir w.,.....wn nrW c.,..w (N�N�. vr(..., W...1...•IMn..N(.Nl N Ir•« wnrM wew... wr rW ruw r.nd w.F .l.w. N rM...w..... This change represents an increase In travel costs. As of 12-31-87, 5550 have been expended. Additional travel will be involved in the last 6 months of the year with Public Housing picking up 10: of the cost Involved. Represents an increase of $100. 11 .1. INwrM aNNr l.•r r� ..n. .n •r .w r4 eVY nn •r r,NNiN.. Iw rrF N�li,r rW Gm.r a.Iryr 1wr• a.nM W IYY nu�M .0 N wA J.rr N•'owr NAluw Lwr., Utilities an line 320 and 390 are for office use, maintenance building heat and lights, security lights, water for lawns and shrubs and for short periods of vacancies during unit turnover. This line has been increased from fiscal year based on 8 months experience. $4,200.00 0.1_..q Wu4iu,.lOMr Wrr.,l,:Ciw..rLruu J.Nn.wl eywn/MN, lnr w„rM uur,r•.nr 1. ru. One full-time maintenance person 517,000 included In Labor Costs. 54,000 has been included in Labor to provide for surer -time help and part-time help to cover in event of sickness. $21,100 Labor. Material costs are up based on age of structures and increase in material costs - S6,800.00. d bn«� W,us„� \ 0•.n,M. C G, , lu n.F r/,r ,nr,•. •N y.w,r r.n• r.MN 1« w y.. ,W . rwq unl« u1, 'GniT w. wu w..nw r.wwNl«,W 4.wrM blNr rwr. I- 11 LN\HAW.•rw.r1. . 1eww•M 4 rw wnrw N«,F. rVY nr. rI ..NN,N• I« G+n. Lw.r. .. ,F. Ca...r \Nwr Ir r,..rw•.1 d..N rMr Ow rrnn rwr w ua, Contract costs include pest control S1,700, office rental S1,500, typewriter repair 520.00, Interior paint for approximately 15 units (to be negotiated) - approximately S5,400, an additional $2,300 is projected to cover maintenance tasks beyond the capability of current maintenance person, i.e., plumbing, electrical, refrigerator repair, etc. Some exterior painting will be required, estimate $4,000 and additional landscaping $2,200. Total contract casts • 517,120.00 aNwM Iowa Housing Cit , yy.A lnn Authors[ r June 70, 1988 t.,r A. -.•h rw lw, k►alwb of All faaiNaa and Salads «w 410 East Washington, Iowa L, �...r an�.xa a.aa.. Tom, Amr... J wla. N law jr.. a a2-11-88 —In1 Housing Coordinator A -NI 33,633 2 34,810 12 34,810 0 90%329 Percentage of time r 1 (lousing Management Aide A -NT 19,300 20,943 12 20,943 0 of time 18%8/9Percentage 2 Clerk -Typist - Leased Housing A -N1 32,700 36,468 l2 36,468 0 90% Percentage of time 32,022 each Annual 16,350) (Annual 18,234) (Annual 10,234) (16,411) 4 Housing Specialists A -NI 93,848 97,132 12 97.132 10% 0 901 Percentage of time 87,419 each (Annual 23,462) (Annual 24,283) (Annual 9713 24,203) (24 28) (21,855) 0 4,500 5,000 12 5,000 10% 0 901 2 hours per month Public (lousing I Attorney Fees 500 4,500 4.5 (lours per month Section 8 114,919 IB ,9 ,353 IT 4,35 11-9,435 �— N 16,522 17,100 12 17,100 100I 0 0 full time, does not include 1 Maintenance Worker I 17,100 fringe benefits (Charged to 4410) , w wuo.usn W79 (Ir4 nu.avll L..x�r I�IN Mr1Yr •.ww. �••.� w. la�lx• Iowa City Housing Authority Larwrulla blipl /4.w n..Ir S46"..4.....w.Hw Exr�.• OIa4 TL..sdwlw 7Lr11,I Iowa City June 30, 198il m m m n w.uv r MO. AjxW I. a.r T,rl Y M1 + .xrT+ Yry« �..a C«_X� C.�f 14.• T�...Iw I a iwl TI...1 b 0....«I— W I4xMan Son ?.goo 1 PX,M. 6«.1 w naNtlwr BION 44 d w 1NNI.IIw • Twl OA« LMa inwl m T«.I T,..a 3.500 6GO2 900 II Ago Iana TFSao Ina 1 400 Sao ] la ew.l r arN. W. 3, oO 1 300 II 700 u an«nom A.— I.« wa w. 6.1. . x'480 u a«... .r arnl rwlomil 5,000 V Iww 14! .N pllw Y C000 Fall 11 — all 0.a4 40 b 641 1a T.4111w1,wr,.. a OM TL.. YNw J,4,w1411� � T,•.N w Cwlr � 114ra4. •• Section 8 Existing Total travel represents travel budget for this division. In general costs rill be shared as follows: !OS Public Housing 903 Section 8 Line 16 deviates from this allocation. 50% is allocated to Public Housing due to increased accounting costs incurred. Line 13 reflects a sizable increase in overall budget. The office was expanded and a new telephone system Installed (33,500)• Line 14 reflects an increase due to office expansion. wuo.usn W79 I.rn e.n...� C...1 w...Y ...,.�.,I V -.w rwa.[wn Op.aenp Brrdwl x.ew n•.... n..uaaw Iowa CItY Noising Authorf ty iek.aeledN..rwn.. l.PJlwrn Civic _.__ .__ _ .•.Y,..,_�,• Civic Center - 410 E. Yashingtoo, Iowa City, IA Jun e. 3011988 e •1,rr,drnerr eer,erwr. r•1 anrrr�.nr f 1dd,rxn, IfnLLY t..r...1q,wJ 1pp+nr ira, u,.x ria aNN•M .e w.0 �wrr x.,u ~ rm c�i.: [ an xe a.MrTr on. nn.d __.. Y._ n•rn, N•J. ul,n l•rr4r, Nrrw•„ W r 1 lrrr�xe C—, r 1--., wr r„ .. 1i !,r•N,,. " x c"—IL x, I•[I•• W ♦_ _ Tw [M Ir Tr,r r 1N • 111— Ill _ U I Install vinyl siding on the fallowing 22-5 $10,949 100 f units: 328 Douglass Court 602 first Avenue 1316 Dover I. Replace maintenance van with 1 9,700 9,700 small pick up with side tool boxes. Est. cost $12,700 Trade - 3 000 ,M Difference F 2. Increase 8 update computer 9,000 9,000 system and software. Plans are to purchase three additional micro -computers and develope software to Improve system capabilities. Costs that exceed this $9,000 will be borne by other programs. RESOLUTION NO. 88-63 RESOLUTION RATIFYING AMENDMENT TO REZONING APPLICATION WITH JOHNSON COUNTY AND APPROVING CONDITIONAL ZONING AGREEMENT WITH JOHNSON COUNTY. WHEREAS, the City applied to Johnson County for rezoning of a portion of the Langenberg Property, which was acquired for the new Wastewater Treatment Facility; and WHEREAS, the Johnson County Board of Supervisors has a number of questions or concerns relating to the rezoning request, including access to the proposed plant site, handling of sludge on the property, traffic between the site and nearby roads, location of the outfall sewer line from the plant to the Iowa River, and uses to be made of the balance of the property; and WHEREAS, the City is attempting to alleviate the County's concerns by agree- ing to certain limitations or conditions on use of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT; 1. The amendment to the City's rezoning application, filed by the City Manager, is hereby ratified and approved. 2. The Mayor and City Clerk are hereby authorized and directed to execute the Conditional Zoning Agreement which is attached hereto. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were; AYES: NAYS: ABSENT: X Ambrisco __X _ Courtney X Dickson Horowitz Larson McDonald _X Strait Passed and approved this Sth day of April 1988, �v M OR Approved as to Form V ATTEST: �Q�n l zt2�J FILED y JY CI Y CLERK Leq Department khncnn Cn Imua APR 2 7 1988 r COUNT IOR 4K) ORDINANCE 4.14-OB-ZI Zoning Application Z1701B C It'y di *9j/ AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONLNO ORDINANCE BY CIWIO[NG THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-1 10 M-1 BBCTION I. PURPOSE, TTA purpura of UM ordinance le to emand the Johnson County Zoning Ordinance by changing Ne oWsgiestlon of the real stale described In Section 11 hereof from Rural to Light Industrial. BECTION IL CHANGE IN CLASSIFICATION. The inning distillation of the following described real slate located In Est Lure,Township and oomprlsed of approximately 31.5 acres to all, j In Johnson County, Iowa, the Northeast Quarter of the Northeast Quarter of Section 35, Township 70 North, flange S Not of tha Sth PJM„ pis the Nsth 11.3 acres of the Southeast Quanta of the Nartheut Quarts of aid Section 73, --I, hereby changed from A-1 Rural to M-1 Light Industrial subject to the CondlUenal Zoning Agreement which is Attached hereto and Incmporat d therein by referancei 4l CONDITIONAL ZONING AGREEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, A MUNICIPAL CORPORATION (CITY) AND JOHNSON a COUNTY, IOWA, A MUNICIPAL CORPORATION (COUNTY). Recitals Whvem, the City operates wastewater system, Including sewer Onte and treatment facilities, serving pawns, businmus and Institutions In Iowa Cityi and Where", the weatewaler system is operated under authority of a National Pollutant Discharge Elimination System (NFDES Permit) outhorb ing dlsch". of pollutants Into navigable waters In accordance with Conditlw specllled In �. the Perrelti and i `Whoreastmeat among the conditions at the City', y 1. 1 Permit Is a schedule for NU Ory compliance with the rputremanta of the Federal Ciean Wats Act by July 1, 108gi and Whereas, the City has acquired the following property In Johnsen County, Iowa, upon which to locale a wastewater . treatment facility, to wits The Norlheul Quarter of Section 35, Township T3 Norlh, Range 3 Wait of the Sib PJM., mid property Containing ISO acres more or Imes (hereinafter refined to As "the Properly -)I and Whereas, on April 15, 1017, the City applied to the County for rooming of $1.3 sere of the Property (such portion to a herenaftrelated to As the "Plot Site") from Al, Rural to MI, Light Industrial Classification, In order to permit d construction ad operation Of wmiswala treatment faeWti" thereon; and �I I Where", the Plant Site U legally described as follows, In Johntm County, Iowa, the Northeast Quarter of tins i Nm Nast Quarles of Section 35, Township 79 North, Range 3 what of the 5th P.M„ pis the North 11.3 acro of the i Southeast Quarla mf the Northeast Quarter of said Section 15. where", 1n coanectim with the resuming request, the County hes concerns relating to (1) Na adequacy of item to the Plant BIte and to the remainder of the Propaty, and (i) the disposal of sludge from the plant operation, both In terms of the disposal of Judge on the balance of the Property, and In traffic generated in hauling It from the sital and Where", In order to alleviate HIO Comfy's coneerm, the City Is willing to ogres to certain Conditions on the use of the Property[ and Whaas, toward that and the City amended las wring application on March Ig, 1033. Now, therefore, the parties covermt old agree As follow= 1. The City agaes that It will slabllsh an atom road from the Plant Site which nw either south m wuthwst (Mm the Site to Connect with the County Road extending sisterly from Send Rad along the south boundary Una of Sections 15 and 34, TTON, ROW of the 5th P.M. The City will be rsPoslole for maintenance of (he seems road. The City agree that the Plant Site seems road will, except In cue of emergmey, save As the primary mune of Ingress to and egret from the Plant BIN for vehicles and equipment lied In the construction C( the wstewst" treatment Plant And Is trues used to haul sludge from the plant once It becomm operational and for other vehicles employed In 4 plant operations. ! 1. The City agree that, both when It stablishm the Plant Site seem road, and when It establishes road &acme to the balance of the Property (such balance Is hereinafter referred to As 'the Park Site'), It will [He with to County Board of Supervisors pia" or map showing the location of such roads and provide the County with sn opportunityto review and Comment on the potential Impact, U any, on County roads. The City further agrees that wheit establishes the Influent and sludge force main lines to the plant, and the outfall line from the plant, It will Ne with ! the Com(y Board of Supervises, plans or map showing the locations of such line. 3. TheCity ogre" that, In the operslion of the wastewater treatment plant, It will not spread sludge on Any portion of the Plant Site or Park Sita. 1. The City has Died with Johnson Cooly a dewing of the Pak Site, prepared by Metcalf 3 Eddy, Engineers, dated t 3/IT Revised 8//f87, and entitled 'South WWTP flaying Field Iwyyout" (the "LeyouP), The Layyout reflects a concept p tin possible park and rareatlm mm of the Pak Silas The Cfly'From that the Layout Its reflectr expected use of the property, but neither the number and location, of usm, nor the location of road and drives for the Park Mu i have been determined. The City further sgrow, however, that development of the Park Site will be In genmal' conformity with the Layout and that It will provide the Comfy with an oppslurdly to review and Comment on any r CERTIPICATE I, Trm Slockett, County Auditor for J.:,SCn Colmty, icaa, do hereby certify that this is a tele and ccr.-plete copy of the original record filed in the office Consisting of pages ) ;,,w / 9 /y•S: !/ i thMigh IN T', Y 4Gi..moy, I have La-tmto Bet fly " hand and f l::ad t;le Seal of t 1d County at lily office in _::era City, Ioya+, :,,is " d4Y of r VT:-.- 19 a i C It'y di *9j/ development of IM Puk all@ which materially vulr from the 4youl with the tool of avoiding sdvrse Impacts on. county made or the County's land we plan ordnaaes. 1. The City ap esu that It will atabil,h an aaca, rood fa the Park Site which seat 04411"t that aft* with 8Is=" Street lextented) a Breese Rood. Thee City agree ltrl the Park all, access road will be established conevirenlly with any Initial development of the Park Site, and that said roam road will, except In cue of emergency, serve as the primary means of Ingres, to and egress from the Park Bite for vehicles transporting park assn to and from Da Park Site, and for vehicle and equipment used to maintain the Duk. It Is understood and agreed that this auess road will be *wood, constructed and maintained by the City. 1, Tho City represents that plant eauwcllm will not adversely effect the water table In the vee and the County has rotted in that representation. The City agrees that It will provide for monitoring the water table throughout cons tructim and take any and all measures u us necessary and appropriate aro u to taus no Ins of water to abutting Or nearby property. 7. The City reptaaents that the plant hu been designed to operate In ouch a manner u to not dbohuge or produce ofi vivo odea which .1U adversely affect the quiet user enjoyment a value of existing use of nalgroaring propenles and the County has relied on that representation. The City egress that It will provide to reasonable air Pollution monitoring and hue any and all reasonable measures is, us necessary and appropriate aro u to discharge or produce ren offensive odor. 1. Tia Qty represents That the pirouto of the plot will not adversely effect the quiet us and enjoyment or value of eatating sure of neighboring properties In any other manner u well and the County hu relied on that represenlallm. Thu City agrees that It will provide for such reasonable measures u are necmasy and appropriate to u to cause no less of we, enjoyment a value of deleting Uses of neighboring Propertte. 9. The County hereby •groes that the NI inning classification MBI permit construction and operation of the City's ."Wait" vestment facility. 10. The County egtea to serene the Plant Bite to the NI classification on or before April 1/, 1910 tl 11. TAIa Agreement ohali become effective at such time u the Maturing d the Plant Site becomes effective. 11. This Agreement shall Inue to the benefit of, and shall be finding Won, lab srocmw and oulpu of the parUwwd hereto. In pines, thereof, the pull" have caused this Conditional Zoning Agreement to be useuted on the day and date sown beneath their signatures. t John NcOmafd, Kala of Iowa City (attract Harlan K Nur, City Clark) end Don Utero Chairperson Of the Jcbnsae County Board of supaeleaM (auesh Tom Slockett, County Audtm). BEITIe7N IIL DISTRICT NAPS. The partlm of the Dlevkt Nape maintained In accordance with Article V, section 2i of the Jotusm County Zoning ordinance u pertains to the red state described In Section II Of this ordinance Is hereby repuled and amended to reflect the foregoing changa in classification. SECTION IV. REPEALER. All other Ordinances or parts of ordlna" In conduct With the Proviaiou Of this nednAneev ane hereby repeated, i I SECTION Y. SAVIN08 CIAUSL If any section, provblm a put of this ordinance shed be adjudged Invalid, Wegal a un,"tltullmal, such adjudication Gall not affect the validity of the ordinance u a whole a any section, prevision or put thereof not adjudged Invalid, illegal or unconstitutional. BEITION V1. EPPECf1YE DATE. This ordinance Mall become effective, after It, passage and Approval, upon publication u put Of the proceedings of the Board of SWervlsat. On April 111911, It was moved by Donnelly and amended by Ockenfev to approve Oral consideration of sppllcatlm 21708-D (a reviled application of 21708 and Won roll call, the role was: Oekenfeb, ayes Nyen, alai Sdu, AYet Burros, aye; Donnelly, eye. On Apra 119 1088, It was moved by Myers and seconded by Donnelly, to $upend the requirements of two considerations before adoption of an Amendment to an ordinance aM to approve application ZS701-B (a revised apptkNlon Of 21700) an second and line] consideration, Roll calk Ockadeb, &yet Nyen, ayel Sehr, ayq Suer, syel Donnelly, bye. hr, oral pm la r -- Attests Ton S oekett, Auditor of SWervlsors Byr Publishing Schedule Weekly Courtier, April 17, 1991 lows City Pres-CHIZet April 21, 1911 Solon Econombti A" 17, 1911 The Leader April 27, 1911 two Tree Reporter, April 28, 1981 4 CERTTPICATE I, r11'm Slock2tt, Cr,'nty Auditor for Canty, Iona, do hereby certify that thio is a true and complete copy of the original rec-, d flied in the office Consisting of pnGes thrcqn rj 71:57- C:IY h :T?.EOS, I heves . ^-unto set rfpr br.d and ci-Mxed t;.e Seal of . _.1 County It TV office in Iwa City, lcT;m 0..17 •,' day of -t:•,•, a 19 : S' Cy Audito >3y: ay CONDITIONAL ZONING AGREEMENT AGREEMENT by and between the City of Iowa City, Iowa, a municipal corpora- tion (City) and Johnson County, Iowa, a municipal corporation (County). RECITALS WHEREAS, the City operates a wastewater system, including sewer lines and treatment facilities, serving persons, businesses and institutions in Iowa City; and WHEREAS, the wastewater system is operated under authority of a National Pollutant Discharge Elimination System Permit (NPDES Permit) authorizing discharge of pollutants into navigable waters in accordance with condi- tions specified in the Permit; and WHEREAS, among the conditions in the City's NPDES Permit is a schedule for full City compliance with the requirements of the Federal Clean Water Act by July 1, 1988; and WHEREAS, the City has acquired the following property in Johnson County, Iowa, upon which to locate a wastewater treatment facility, to wit: The Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th P.M., said property containing 160 acres more or less (hereinafter referred to as "the Property"); and WHEREAS, on April 15, 1987, the City applied to the County for rezoning of 51.5 acres of the Property (such portion is hereinafter referred to as the "Plant Site") from Al, Rural to M1, Light Industrial classification, in Y order to permit construction and operation of wastewater treatment facilities thereon; and M FILED Johnson Cn. Inly� APR 2 r 1988 4' -2 - WHEREAS, the Plant Site is legally described as follows: In Johnson County, Iowa, the Northeast Quarter of the Northeast Quarter of Section 35, Township 79 North, Range 6 West of the 5th P.M., plus the North 11.5 acres of the Southeast Quarter of the Northeast Quarter of said Section 35. WHEREAS, in connection with the rezoning request, the County has concerns relating to (1) the adequacy of access to the Plant Site and to the remainder of the Property, and (2) the disposal of sludge from the plant operation, both in terms of disposal of sludge on the balance of the Property and in traffic generated in hauling it from the site; and WHEREAS, in order to alleviate the County's concerns, the City is willing to agree to certain conditions on the use of the Property; and WHEREAS, toward that end the City amended its zoning application on March 16, 1988. NOW, THEREFORE, THE PARTIES COVENANT AND AGREE AS FOLLOWS: 1. The City agrees that it will establish an access road for the Plant Site which runs either south or southwest from the Site to connect with the County Road extending easterly from Sand Road along the south boundary line of Sections 35 and 36, T79N, R6W of the 5th P.M. The City will be responsible for maintenance of that road. The City agrees that the Plant Site access road will, except in case of emergency, serve as the primary means of ingress to and egress from the Plant Site for vehicles and equipment used in the construction of the wastewater treatment plant and for trucks used to haul sludge from the plant once it becomes operational and for other vehicles employed in plant operations. 2. The City agrees that, both when it establishes the Plant Site access road, and when it establishes road access for the balance of the Property (such balance is hereinafter referred to as "the Park Site"), it will file with the County Board of Supervisors plans or maps showing the location of such roads and provide the County with a an opportunity to review and comment on the potential impact, if any, on county roads. The City further agrees that when it a tabli the influent and sludge force main lines to the pla , lb inhnenn PA APP. 2'71988 Y -3 - outfall line from the plant, it will file with the County Board of Supervisors plans or maps showing the locations of such lines. 3. The City agrees that, in the operation of the wastewater treatment plant, it will not spread sludge on any portion of the Plant Site or Park Site. 4. The City has filed with Johnson County a drawing of the Park Site, prepared by Metcalf & Eddy, Engineers, dated 6/87, Revised 8/4/87, and entitled "South WWTP Playing Field Layout" (the "Layout"). The Layout reflects a concept plan for possible park and recreation uses of the Park Site. The City agrees that the Layout reflects its expected uses of the property, but neither the number and locations of uses, nor the location of roads and drives for the Park Site have been determined. The City further agrees, however, that development of the Park Site will be in general conformity with the Layout and that it will provide the County with an opportunity to review and comment on any development of the Park Site which materially varies from the Layout with the goal of avoiding adverse impacts on county roads or the County's land use plan and ordinances. 5. The City agrees that it will establish an access road for the Park Site which will connect that site with Sycamore Street (extended) or Breese Road, The City agrees that the Park Site access road will be established concurrently with any initial development of the Park Site, and that said access road will, except in case of emergency, serve as the primary means of ingress to and egress from the Park Site for vehicles transporting park users to and from the Park Site, and for vehicles and equipment used to maintain the park. It is understood and agreed that this access road will be owned, constructed and maintained by the City. 6. The City represents that plant construction will not adversely affect the water table in the area and the County has relied on that representation. The City agrees that it will provide for FEED D the water table throughout construction and take any and all^h WVu9Qs11"" APP. a'1 1988 C0UNiY I#R�� 4 4 - as are necessary and appropriate so as to cause no loss of water to abutting or nearby property. 7. The City represents that the plant has been designed to operate in such a manner as to not discharge or produce offensive odors which will adversely affect the quiet use, enjoyment or value of existing uses of neighboring properties and the County has relied on that representation. The City agrees that it will provide for reasonable air pollution monitoring and take any and all reasonable measures as are necessary and appropriate so as to discharge or produce no offensive odors. 8. The City represents that the operation of the plant will not adversely affect the quiet use and enjoyment or value of existing uses of neighboring properties in any other manner as well and the County has relied on that representation. The City agrees that it will provide for such reasonable measures as are necessary and appropriate so as to cause no loss of use, enjoyment or value of existing uses of neighboring properties. 9. The County hereby agrees that the M1 zoning classification will permit construction and operation of the City's wastewater treatment facility. 10. The County agrees to rezone the Plant Site to the M1 classification on or before April 14, 1988, 11. This Agreement shall become effective at such time as the rezoning of the Plant Site becomes effective. 12. This Agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Parties have caused this Conditional Zoning Agreement to be executed on the day and date shown bene FILED signatures. ,_^. i.?;l ^ .7 1989 ��'COUN i a4S3 -5 - CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: By: J McDona d, Mayor Don Se r, al son Johnson County Board of �� Supervisors ATTEST: %%1,.r. ) yi) ATTEST:- Marian K. Karr, City Clerk T om�as Siockett County Auditor STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Sth day of April 1988 before me, Gi a O'Donnell , a Notary Pub is in and for the State of Iowa, personal y appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Oiii>`iYJ9LL�c (Resolution) No. 88-63 passed (the Resolution adopted) by the City Council, under Ro Cam 11 —No. of the City Council on the 5th day of A ril 19 88 and that John McDonaldd a�Marian K. Karr acknow edged the execution the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 26th day of A ril , 19 88 , before me, a Notary Pub is in and for the State of Iowa, personally appeared and Tan Glockett , to me PersonaT y known.iFd who, being by me duly sworn, did say that they are the DgA; of_Supe,v- �; ra rgnd --QDAUty_Audim respectively, of the County of that the sea a fixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Super- visors, as contained in (CC{{tS1tATt1({K) (Resolution) No. -1 - - 1 passed (the Resolution adopted) by the Board of Supervisors, under Roll Call No. --- of the Board of Supervisors on the 14th day of ADri1 198_, and that pongNi and Tan Slockett acknowledged the execution of the instru- ment to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. FILED . , ' M,ajo MY IOhncnn Cn Inwa Notary rgolic in and f the State of Iowa R. �A'PR 271988 COU IiOR APPF� ED AS TO FORM LE/CAL DEPARTMENT '7 U