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HomeMy WebLinkAbout1989-10-17 ResolutionMOOR RESOLUTION NO. 89-245 RESOLUTION ACCEPTING THE WORK FOR TRAFFIC SIGNALIZATION OF THE INTERSECTION OF DODGE STREET AND CHURCH STREET. WHEREAS, the Traffic Engineering Division has recommended that the Improvements covering the signalization of Dodge Street and Church Street be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Improvements be hereby accepted by the City of Iowa City. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: jjX Ambrisco Balmer Courtney ray i' x Horowitz x Kubby X Larson X McDonald Passed and approved, this 17tb day of October 1989. a2 ..... AYOR Approved as lo Form C4Legalep�art—m]nt�� ATTEST: ?A� CITY CLERK I ' 1 awn Iowa Departmentof Transportation CERTIFICATE of COMPLETION iand ' FINAL ACCEPTANCE of AGREEMENT WORK COMPANY: City of Iowa City COUNTY/CITY: Johnson/Iowa City I ADDRESS: 410 E. Washington St. PROJECT NO DIST-1-5f44)--4A-52 . . J •'•'- -KINDOF.WORK: Si alization - 28 1988 June December 12. 1988 JFIELD COMPLETION DATE AGREEMENT DATE: covered by the above referenced agreement has been completed in accordance with said agreement This is toccrtify that the work and is hereby accepted, subject to final audit of costs. i DATE: .19 SIGNATURE: PralM EngineerlRes. ConsuuclionitRn. Maintenance) (County) r ^ •. } I :19 ' N,. 'SIGNATURE: DATE: District (Construction) (Maintenance)(Local Systems) Engineer i -31 Cit Council of City of Iowa City by the Ba�ai)dA7f7friKrcxydtWiAl Y + Approved and work accepted I •I :'t 17th day of Octnhrr 19 RQ I i{ h s ,.,. SIGNATURE: 10 d Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this !) - day of 19 SIGNATURE: tow Department of Transportation - DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY (Check or Initial Appropriate Box) , r 'On Local RISE Projects ' ' District does NOT certify ❑ Copy to Company A' but but acknowledges com- - Copy to F. H. W.A. ❑ pletionofproject. n ❑ Office of Audits ❑Original to Files •� , . ' r'rr !' ❑ Copies to District " , IX All Copies to Central Office. , I RESOLUTION NO. 89-246 RESOLUTION AUTHORIZING CONVEYANCE TO SUSAN JAECQUES, ELSIE VITOSH, AND DAVID GOSS OF A PORTION OF THE VACATED ALLEY BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST AVENUE. WHEREAS, the City Council passed and approved Ordinance No. 89-3402, vacating the north- south alley between J Street and the Iowa Interstate rail line, west of First Avenue; and J. WHEREAS, the City has no need for the westerly ten feet of the vacated alley which is more particularly described as follows: Parcel A: Commencing at the northeast corner of Lot 9, Block 10 of East Iowa City Addition; thence Easterly 10 feet along the southerly right-of-way line of J Street; thence South 80 feet parallel to the easterly lot line of said Lot 9; thence Westerly 10 feet to the southeast corner of Lot 9; thence North 80 feet along the easterly lot line of said Lot 9 to the point of beginning. Parcel B: Commencing at the northeast corner of Lot 8, Block 10 of East Iowa City Addition; thence Easterly 10 feet; thence South 141.5 feet parallel to the easterly lot lines of Lots 7 and 8 of said Block 10; thence Westerly 10 feet to a point on the easterly lot line of said Lot 7, said point being 18.5 feet north of the northeast corner of Lot 6; thence North 141,5 feet along the easterly lot lines of 1 ' r said Lots 7 and 8 to the point of beginning. Parcel C: Commencing at the southeast corner of Lot 6, Block 10 of East Iowa' City Addition; thence North 152.25 feet along the easterly lot lines of Lots 6 and 7 of said Block 10 to a point, said point being 18.5 feet north of the northeast corner of said Lot 6; thence East 10 feet; thence South parallel to the easterly d lot lines of said Lots 6 and 7 to the northerly right-of-way line of the Iowa Interstate Railway; thence northwesterly along the northerly right-of-way line of SSS said Railway to the point of beginning; and r WHEREAS, the City council adopted and approved Resolution No. 89.237 on October 3, 1989, declaring its Intent to dispose of said portion of vacated alley right-of-way by conveyance of Parcel A to Susan Jaecques, Parcel B to Elsie Vitosh, and Parcel C to David Goss, and also authorize publication notice of its proposal, and set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of vacated alley right-of-way as excess City property is in the best Interest of the City of Iowa l City, Iowa NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and deliver Quit Claim Deeds conveying the City's interest in the portion of the vacated alley right-of-way described above to Susan Jaecques, Elsie Vitosh, and David Goss for and In consideration of $422, $487, and $503 respectively. , Ii 2. That the City Attorney be and is hereby authorized, empowered and directed to prepare L, I "` 5$ f City of Iowa City MEMORANDUM Date: October 13, 1989 To City Council A 'Itet From: Don Schmeiser 1 Re: Amendments to the CN -1 Zone The CN -1 Zone presently allows residential dwellings located above or below the ground floor ; of another principal use permitted in this zone. The Planning & Zoning Commission has 11` recommended in the proposed ordinance presently before the City Council that dwellings be prohibited altogether. At the previous City Council meeting, Council members questioned the i rationale for excluding dwellings in this zone and asked to see the minutes of the Commission meeting when this issue was discussed. The Planning and Zoning Commission had discussed the issue of dwellings located in the CN - 1 zone at an Informal meeting held on May 29, 1989. The minutes of the meeting are brief j (seeattached minutes), but the implication is clear that the Commission resolved to I ' recommend against permitting dwellings, because of the perceived incompatibility of multi- J h family residential uses to single-family residential uses that quite often abut CNA zones. The Commission's concern was not for the residents permitted to live within the district. If It's arguable whether the CN -1 Zone uses are more or less compatible than multi -family dwellings: Some persons would prefer to reside next to a commercial use than next to multi- ? `' family dwellings with the inherent problems associated with them, particularly if the commercial 1 uses are those that are open from 8:00 a.m. to 5;00 p.m.- However, as compared to a grocery store, which may remain open for 24 hours, the negative externalities of multi -family dwellings would seemingly be much less. Since 1983, dwellings have been permitted In the CNA Zone as in all commercial zones - above or below the ground floor of a principal use. The staff is not aware of any objection by j j abutting property owners to situations where this land use arrangement exists, although there has been little interest by developers to locate dwellings in a CNA Zone. However, because of the orientation and restriction in the location of dwellings in the CN -1 Zone, it would seem that in most instances the effects of dwellings on abutting property owners would be minimal' especially compared to the commercial uses themselves. (, If the City Council is not in agreement with the Planning and Zoning Commission on this Issue, the Commission has requested that the City Council meet with the Commission to discuss the ^ matter further. bdw2-18 ?Utt U Scott suggested that another work session be used to discuss several aspects of the.,{ 1r proposed ordinance. The Commission agreed. Sf 1 1 , 1Ajr OTHER BUSINESS: „1 � t �t. There was none. 1 i, �M 4 1 The meeting was adjourned at 10:55 p.m. 5 4z RESOLUTION NO. 89-247 RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED OLYMPIC STREET RIGHT-OF-WAY TO SOUTHGATE DEVELOPMENT COMPANY. WHEREAS, the City Council passed and approved Ordinance Nop9-3435 n October 17, 1989, vacating all of the Olympic Circle right-of-way west of Boyrum Street, more particularly described as follows: All of the 50 feet of vacated right-of-way of Olympic Circle shown on the plat of the Resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1 and 2 recorded In Plat Book 19, Page 93, Plat Records of Johnson County, Iowa; and WHEREAS, the City Council adopted and approved Resolution No. 89-236 on October 3, 1989, declaring its intent to dispose of said vacated street right-of-way by conveyance to Southgate Development Company, and also authorized publication notice of its proposal and set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of vacated street right-of-way as excess City property is in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY; IOWA: 1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and deliver a Quit Claim Deed conveying the City's Interest in the vacated right- of-way of Olympic, Circle west of Boyrum Street described above to Southgate Development Company for and in consideration of a warranty deed from Southgate Development Company conveying the following described real estate to the City of Iowa Ci y: Commencing at the Northeast Corner of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence S87.51'55'V0, 330.06 feet, along the North Line of said Southwest Quarter to a Point on the Westerly Right -of -Way Line of Gilbert Street (formerly known as Sand Road and also known as the Iowa City to Burlington Road); thence N30.5'42W, along said Westerly Right -of -Way Une, 590,67 feet; thence' Northwesterly along said Westerly Right -of -Way Line, 208.09 feet, on a 669.60 foot radius curve, concave northeasterly, whose 207.26 foot chord bears N19"26'22"W, all in accordance to the Tract of Land as described In Warranty Deed as Recorded in Book 506, at Page 282, of the Records of the Johnson County Recorder's Office and being the Point of Beginning; thence S87.51'55"W, along the Northerly Line of said Tract of Land, 158.01 feet; thence S5"51'55"W, along the Westerly Line of said Tract of Land, 462,72 feet; thence 815.8'5"E, along said Westerly I I / >1 q. i Resolution No. 89-247 j Page 2 Una, 266.23 feet, to a Point on the Northerly Line of said Southwest Quarter; thence S87.51'55'W, along said Northerly Line, 62,44 feet, to the Easterly Bank of the Iowa River; thence N4^59'15" W, along said Easterly Bank, 207.81 feet; thence N12^17'23'W, along said Easterly Bank, 114.20 feet; thence j N17°30'00"W, along said Easterly Bank, 201.67 feet; thence N24,07'04'W, along said Easterly Bank, 173.73 feet, to the Southeasterly Right -of -Way Line of the Cedar Rapids and Iowa { City Railway Company; thence N45.21'48"E, along said South- easterly Right -of -Way Una, 89.61 feet; thence Northeasterly along j said Southeasterly Right -of -Way Line, 89.61 feet; thence North- 1 easterly, along said Southeasterly Right -of -Way Line, 267.20 feet, i on a 2,030.00 foot radius curve, concave Northwesterly, whose i 267.01 foot chord bears N41.35'33"E; thence N37°49'18"E, along ! '' said Southeasterly Right -of -Way Line, 79.57 feet; thence North- easterly, along said Southeasterly Right -of -Way Line, 36.37 feet, on a 1939.88 foot radius curve, concave Northwesterly, whose I 36.37 toot chord bears N37.17'05"E, to the Southwesterly Right - of -Way Line of said Gilbert Street; thence Southeasterly, along said Southwesterly Right -of -Way Una, 148.72 feet, on a 5,146.16 foot radius curve, concave Northeasterly, whose 148.72 foot chord bears S17.38'06"E, to the Westerly. Right -of -Way Una of said l i y } former, Sand. Road; thence Southeasterly, along said Westerly Right -of -Way. Una, 157.83 feet, on a 669.60 foot radius curve, r concave Northeasterly, whose 157.46 foot chord .bears l� 805.32'11"E, to the Point of Beginning. Said tract contains 2.57 acres, more or less, and is subject to easements and restrictions of record. s; 2. That the City Attorney be and is hereby authorized, empowered and directed to prepare ll ? and deliver said Deed,and to simultaneously obtain said Warranty Deed from f Southgate Development Company. v It was moved by Courtney and seconded by Ambrisco the Resolution be +.r W adopted, and upon roll call there were: AYES: NAYS: ABSENT: .X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald ' f 't u Resolution No. 89-247 L Page 3 b Passed and approved this 17th day of October 1989. C AYOR Approved as to Form ! r . CITY CLERK Legal Department f { 1 i 7 N r TI rt s r ! -44 - ,,'_ 1" f nl 1 rV { t C Yelz r , r i RESOLUTION NO. 89-248 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 10, 11 AND 12 OF BLOCK 5 AND LOT 1 OF BLOCK 6 OF A RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER PARTS 1 AND 2 AND VACATED OLYMPIC CIRCLE. , i WHEREAS, the owner, Southgate Development Company, has filed with the City Clerk of the City of Iowa City, Iowa, an application for approval of the Preliminary Large Scale Non - Residential Development Plan for Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a l resubdivision of portions of Blocks 5 and 6, Braverman Center Parts 1 and 2 and vacated i Olympic Circle; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed Preliminary Plan, and have recommended approval of same; and i WHEREAS, the Preliminary Plan has been examined by the Planning and Zoning Commission; I ' and after due deliberation, the Commission has recommended that it be accepted and .,.t approved; and of the City WHEREAS, the Preliminary Plan is found to conform with all the requirements �) Ordinances of the City of Iowa City. NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIN, I IOWA; I - 1. That the Preliminary Large Scale Non -Residential Development Plan of Lots 10, 11 and 12 of Block 5, and Lot 1 of Block 6, of a resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2, and vacated Olympic Circle, is hereby approved. 2. That the. City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this Resolution and the Preliminary Large Scale Non -Residential e Development Plan for Lots 10, 11 and 12 of Block, 5, and Lot 1 of Block 6 of a resubdivision of portions of Block 5 and 6, Braverman Center Parts 1 and 2, and , ivacated Olympic Circle, after passage and approval by law. i i , , i RESOLUTION NO. 89-248 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOTS 10, 11 AND 12 OF BLOCK 5 AND LOT 1 OF BLOCK 6 OF A RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER PARTS 1 AND 2 AND VACATED OLYMPIC CIRCLE. , i WHEREAS, the owner, Southgate Development Company, has filed with the City Clerk of the City of Iowa City, Iowa, an application for approval of the Preliminary Large Scale Non - Residential Development Plan for Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a l resubdivision of portions of Blocks 5 and 6, Braverman Center Parts 1 and 2 and vacated i Olympic Circle; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed Preliminary Plan, and have recommended approval of same; and i WHEREAS, the Preliminary Plan has been examined by the Planning and Zoning Commission; I ' and after due deliberation, the Commission has recommended that it be accepted and .,.t approved; and of the City WHEREAS, the Preliminary Plan is found to conform with all the requirements �) Ordinances of the City of Iowa City. NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIN, I IOWA; I - 1. That the Preliminary Large Scale Non -Residential Development Plan of Lots 10, 11 and 12 of Block 5, and Lot 1 of Block 6, of a resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2, and vacated Olympic Circle, is hereby approved. 2. That the. City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this Resolution and the Preliminary Large Scale Non -Residential e Development Plan for Lots 10, 11 and 12 of Block, 5, and Lot 1 of Block 6 of a resubdivision of portions of Block 5 and 6, Braverman Center Parts 1 and 2, and , ivacated Olympic Circle, after passage and approval by law. i , i W 4r1 j .:r ' ` a . `J! Appro ed as to Form Resolution No. 89-245 ATTEST: \/.�u"��%�'✓ Page 2 g1 f i,,,' CITY LERK -Legal Department •_ p It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: j ire:', ., `r •.. AYES: NAYS: ABSENT: I; R Ambrisco g —_ Balmer X Courtney Horowitz Kubby r X Larson g McDonald , Passed and approved this 17th day of Oc ob r 1989.SP s i W 4r1 j .:r ' ` a Appro ed as to Form ATTEST: \/.�u"��%�'✓ g1 f i,,,' CITY LERK -Legal Department •_ p I .:r ire:', ., `r •.. ,. i �.... I rl- Requested action: Approval of a preliminary and final LSNRD. -: 1 plan. Purpose:,To permit construction of an approximate 20,300 square foot office building. II Location:West side of Boyrum Street including former Olympic Circle right-of-way, " r Size: Approximately 2.55 acres. .. Existing land use and zoning Undeveloped; CI -1 >s ' Surrounding land use and zoning: North - Undeveloped; CI -1 East - Undeveloped and Commercial; , _ CI -1 South - Undeveloped and Commercial; CH West - Group Care Facilities; CI -1 Comprehensive Plan: Intensive Commercial File date: September 12, 1989 a„ _ 45 -day limitation period October 27, 1989 SPECIALINFORMATION: w Public utilities: Adequate sewer and water services are available to the site. y E ff . ...... .... 2 Public services: Police and fire protection are available. Transit service is available within one- half block of the proposed development, Sanitation service would be provided privately. i It Transportation: Vehicular access to the site is provided Via Boyrum Street. Physical characteristics: The topography Is gently sloping, BACKGROUND: V On October 3, 1989, the City Council will hold a public hearing on an ordinance to vacate all of Olympic Circle, a cul-de-sac street extending west of Boyrum Street. Southgate Develop- avelopment mentCompany proposes to develop the former Olympic Circle right-of-way and the four lots abutting this right-of-way for an office use. A 20,300 square foot building Is presently being constructed on the western half of the approximate 2.55 acre tract to house Pioneer TeleTechnologles (PTT), a telemarketing firm. Southgate Development Company Is requesting preliminary and final approval of the Large Scale Non -Residential Development (LSNRD) plan quired; for this project. Commission review and Council approval of the preliminary plan Is required; the final plan will be reviewed and approved administratively. ANALYSIS: Zoning Ordinance Compliance: The proposed preliminary and final LSNRD plan Is in general compliance with the provisions of the Intensive Commercial, Cl -1 Zone. The Commission should note that the applicant proposes over 75 percent more parking spaces than required by the Zoning Ordinance for a 20,300 square foot office use. Pioneer TeleTechnologles, a telemarketing firm, is expected to occupy the structure. Telemarketing Is a relatively labor intensive Industry; the applicant, therefore, proposes additional parking spaces to accommodate the 150 to 180 Individuals expected to be employed by PTT. LSNRD Compliance: The preliminary and final LSNRD plan for the proposed office building generally conforms with the requirements of the LSNRD regulations. Stormwater Management: A stormwater storage facility Is proposed along the northern portion of the development. Stormwater management provisions for this project have been approved by the City. Sidewalks: Transit service Is available one-half block south of the proposed development. A sidewalk should, therefore, be provided along the west side of Boyrum Street, adjacent to 7, the proposed project, to facilitate pedestrian access to this service. The plan should be amended to show a sidewalk Immediately east of the project site. Economic Impact: Economic Impact is a measure of the public costs and benefits associated with the proposed project. Public benefit can generally be measured In terms of the estimated y' tax revenue generated and the potential number of jobs created by the project, The liabilities or costs are not always quantifiable, but include the cost of direct public Improvements such N i It 3 as the cost of overwidth paving or oversized water mains and the indirect public costs associated with the provision of additional public services demanded by the proposed project. Although tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the proposed development, The applicant estimates that the proposed commercial facility will be developed at a cost of about $1 million, The City's portion of the tax levy presently imposed upon Iowa City property is $12.02810/$1,000 of assessed valuation. Assuming the proposed development has an assessed value of $1 million, this property will yield $12,028 annually in tax revenue for the City. The applicant estimates that 150 to 180 jobs will be created with the oifce use that is expected to occupy the new building. While no direct construction costs to the City are anticipated with this development, indirect costs associated with maintaining streets and municipal utilities and with providing police and i fire protection and transit services are expected. The proposed development, however, is not expected to require a significant commitment of public funds or services beyond those currently t� available to the site. I: STAFF RECOMMENDATION: , Staff recommends that the preliminary Large Scale Non -Residential Development plan for an office building on Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a resubdivision of 1 portions of Blocks 5 and 6 Braverman Center, Parts 1 and 2 be deferred. Upon resolution of the deficiency listed below, staff recommends the preliminary plan be approved. The final plan will be reviewed and approved administratively. i i' DEFICIENCY: r. 1. Show a sidewalk along the west side of Boyrum Street adjacent to the project site. ATTACHMENT: e , 1. Location Map. + ACCOMPANIMENT: i 1. Preliminary and Final LSNRD Plan. i Approved by: one Schmeiser, Director Department of Planning and Program Development I i X803 1✓I 1_I I1 41 _I KamimV N IN's �� D L_ 1 y e Elffilp I® a RESOLUTION NO. 89-249 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF MEADOW RIDGE, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the subdivider, Delta Construction Company, has filed with the City Clerk, the Preliminary and Final Plats of Meadow Ridge, a Subdivision of Iowa City, Johnson County, 1, Iowa; and I WHEREAS, said Subdivision is located on the following -described real estate located in Iowa City, Johnson County, Iowa, to -wit: + t Beginning at the Southeast Corner of Lot 9 of Yocum Subdivision, a part of the ' North Half of the Northeast and Northwest fractional Quarters of the Northwest • ; , :.' . Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal Meridian. In accordance with the Recorded Plat thereof; thence S 03051'00" E, I 841.50 feet; thence N 86056'17"W, 337.23 feet; thence S 56°35'00" W, 95.66 feet ' to a Point on the Northeasterly Right -of -Way Une of North Dubuque Street; thence N 34024'36"W, along said Northeasterly. Right -of -Way Une, 70.00 feet, to a Point which is 95.00 feet normally distant Northeasterly of the Centeriine of said Street; thence S 89°25'04" E, 30.48 feet; to the Southwest Corner of said Fractional Northeast Quarter of the Northwest Quarter of Section 3; thence N 02"41'38" W, 199.23 feet; thence N 02020'33" W, 121.23 feet; thence N 03008'47" i xH, W,' 493.70 feet to the South Une of Yocum Subdivision; thence S 89040'00" E, 144.40 feet on the South Une of Yocum Subdivision; thence N 89°01'00"„E, ,.. .. 266.23 feet to the Point of Beginning. Said tract of land contains 7.97 acres, more or less, and is subiect to easements and restrictions of record. and; i �... WHEREAS, a dedication has been mad9, and the subdivision is with the free consent of Its I + ” owners; and WHEREAS, the Preliminary and Final Plats and Subdivision are found to conform with Chapter 409, Code of Iowa (1989) and all other statutory requirements, with the exception that sidewalks required by City of lows„ City Subdivision Regulations have been waived; and ' WHEREAS, said Plats and Subdivision were examined by the Planning and Zoning Commis sion, which recommended that said Plats and Subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said Plats and Subdivision located on the above-described real estate should be and hereby are approved,' and the dedication of the street and easements is hereby accepted, as by law provided. BE IF FURTHER RESOLVED that the City Clerk of Iowa City, Iowa Is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. 41, X805 y104(e Solicited b Y - �1•��0+� �^�c.,..Date - I0JiSt39 I i r SD On Oct. 5, 1989 the Planning and Zoning Committee recomended that the proposed development of the 1.985 acre "Hidden Valley" subdivision procede without study of its impact upon storm water management in the "Windor Heights" subdivision. on that date members of the commission and its staff confirmed that existing property owners would generally be assessed for the cost of future sewer and street upgrades and/or repairs made necessary by this construction. We the undersigned property owners do not wish to subsidize the costs of the "Hidden Valley" development. The City Planning and Zoning, Commission has verbally assured us that neither the developer nor the commission's staff find reason for concern over proposed modifications to the existing storm water drainage system. The Planning and Zoning Commission is, however, unable to exempt existing property owners from incurring additional assessments against their property if these opinions prove incorrect. We therefore petition the City Council of the City of Iowa City to reaffirm the verbal assurances given to existing property owners by Mr. Gannon, the Public Works Dept. of Iowa City, and the Planning and Zoning Comittee. Prior to approval of the Hidden Valley development we desire binding, dispensation from -• future- property assessments for sewer and street repairs or modifications which occur in total or in part as a result of the . "Hidden Valley" subdivision. NAME ADDRESS DATE D G✓i u so /0 15 vCr10 'A3 :W;„a o ' �� to e 30 IV 'k y104(e Solicited b Y - �1•��0+� �^�c.,..Date - I0JiSt39 I i On Oct. 5, 1989 the Planning and Zoning committee recomended proposed development of the 1.985 acre "Hidden Valley" that the prop ater procede study Its impact upon managements In the "Windorwithout Heights"of subdivision. onstorm%� that date members of the commission and its staff confirmed that existing property owners would generally be assessed for the cost of future sewer and street upgrades and/or repairs made necessary by this construction. We the undersigned property owners do not wish to subsidize the costs of the "Hidden Valley" development. Planning The City and Zoning Commission has verbally assured us that neither the developer nor the commission's staff find reason for concern over proposed modifications to the existing storm water drainage system. The Planning and Zoning commission is, however, unable to exempt existing property owners from Incurring additional assessments against their property if these opinions prove incorrect. We therefore petition the city Council of the City Of Iowa City to reaffirm the verbal assurances given to existing property owners by Mr. Cann of Iowa Gannon, the Public Works Dept. City, and the Planning and Zoning comittee. Prior to approval of 1 t we desire binding dispensation the Hidden Valley developmen ion from future property assessments for sewer a airs and street rep or modifications which occur in total or in part as a result of the "Hidden Valley" subdivision. NAME ADDRESS DATE 'Dr, is FA lif 0 I Solicited by -'*o,\ Datebli FA lif 0 I Solicited by -'*o,\ Datebli w k5� City of Iowa City M E M O R A N D U M I - i TO: Melody Rockwell j FROM: Denny Gannon a DATE: September 27, 1989 ! RE: Hidden Valley { With this memo I will hopefully answer the concerns raised during the P&Z meeting held September 21, 1989. The existing drainage ditch (and associated erosion) located between the end of the existing 30 -inch diameter storm sewer and the east side of the stormwater.detention basin constructed with Windsor Heights, Part 5, will be i r eliminated with the installation and extension of the storm �, 1 ° sewer system proposed for Hidden Valley. �.. According to the subdivider's engineer, lots 4 and 5 will drain to the southwest; as they do at this time, to a swale proposed to be located across lot 5 over the proposed storm tt sewer'.. storm water will be conveyed by this swale,to'the �' j,;;',,;"`• detention basin. Lots 2 and 3 will drain to the north onto Windsor court. storm water will be collected bystormsewer inlets pro- " {' posed for each side of the extended pavement, and conveyed through the storm sewer system to the detention basin. Construction equipment will be transported to the Hidden (. Valley site via legal loads. Streets are designed and constructed to handle legal. loads. However, if City facilities (pavement, storm sewer, etc.) are damaged by L construction activities for a subdevelopment, the sub- developer is responsible to make necessary repairs. a „{ � R t STAFF REPORT i i To: Planning & Zoning Commission Prepared by: Melody Rockwell Item: S-8931. Hidden Valley Subdivision Date: September 21, 1989 GENERAL INFORMATION: Applicants: John P. Muller Daniel L. Heai 1710 Fifth St. Coralville, Iowa 52241 Phone: 351-8166 �l. + Requested action: Final plat approval of Hidden Valley Subdivision. , Purpose: To establish a five -lot, single-family 'k, residential subdivision. j— t>, 11 ^ + y Location: On and north of Rochester Avenue along K the proposed westerly extension of Windsor Court. u a Size: 1.90 acres, Comprehensive Plan: Residential; 2-8 DU/A. Existing land use and zoning: Undeveloped; RS -5. r „. + . Surrounding land use and zoning: North -Single-family residential; ? +R ^w ,x RS -5. East - Single-family residential; - t r r RS -5. t .,.. South - Single-family residential; 1 RS -5. West- Single-family residential; },+ RS -5. + " Filedate: August 29, 1989. ;} tli _TK 1 ..( 45 -day limitation period: October 13, 1989. �'-' + •' 1 SPECIAL INFORMATION: Public utilities: Municipal water and sanitary sewer r r services are presently available, t ,_ • , ,f i 1 2 Public services: Police and fire protection, and sanitation service are available. Transportation: The site is accessible to Rochester Avenue directly from Lot 1 and via j Windsor Court for Lots 2-5. Transit service: Rochester Route, two blocks away. Physical characteristics: The site is a wooded valley with moderately steep slopes. ANALYSIS: The subject addition submitted by John P. Muller and Daniel L. Haat subdivides a 1.90 acre tract of land into five lots. The preliminary plat for the subdivision was unanimously approved by the City Council on May 30, 1989, Resolution No. 89-114. The proposed final plat is in general compliance with the requirements of the subdivision regulations, subject to review of the legal papers: Each lot compiles with the dimensional requirements of the RS-5 zone to permit construction y !� of detached single -family residences. Stormwater management, in terms of on-site detention, ` is not required for subdivisions less than two acres In size. The hammerhead turnaround for use byemergency vehicles as shown on the Preliminary Plat of the Hidden Valley Subdivision (2 private driveways on Lots 2 & 5) will be secured through a temporary access agreement Included as part of the legal papers provided by the subdivider. This agreement would be r voided upon completion of Windsor Court through to Seventh Avenue. f j Economic Impact: Given the value of comparable development in the nearby residential area, the assessed value of each lot within thero osed subdivision is estimated to be a roxi- P P PP t, mately $78,610 for Lot 1 on Rochester Avenue and $109,751 for Lots 2-5 on Windsor Court. For tax purposes, the value of residential uses within this tax year are rolled back to 80.6384% of their assessed values. The City tax levy imposed upon a residential use within the City is $122810/$1,000 of assessed valuation. Assuming Lot t in the proposed subdivision is developed with an assessed value of approximately $78,610, and Lots 2-5 at an assessed value of approximately $109,751, the amount of annual tax generated to the City would be $778 for Lot i plus $1,087 per lot for Lots2.5. If all five lots in the subdivision were developed today, iIJ the City would realize an annual Increase in City revenue of approximately $5,126. The proposed subdivision will not have an adverse Impact on the City's financial ability to provide municipal services.' ' STAFF RECOMMENDATION: Staff recommends that the final plat of the Hidden Valley Subdivision be approved. ATTACHMENTS: I i 1. Location Map. 2. Final Plat of the Hidden Valley Subdivision. r /80G "1 .a% 1y ,m. i r 3 3.. Hammerhead Turnaround Designated on Preliminary Plat of Hidden Valley Subdivislon. Approved by: nald chmeiser, Director c i,i r , -,�. , •> '; Department of Planning and ,. I...r Program Development t 41, i J , \ y r 1 1wY H (J{li I r ' ♦ ':' :. ',., ,}. t 1 II I'. k i5J4 ,•r)k t..uln -itr wyr rl•'r : Y I('y,4 jt) Ya li,r 1 f il NtafR al 1 p9^N ISwd.FA�"v.'v�s$,'+arlM } ., to 4 � � 1. 1 rr 1. •��' % �. it ll" 1 f 1 1 5 j N 't[ S Y l 1 �Il IC 11 1 1. { 1 1 1 i jga v 1 1 Y HICKORYI HILL PARK alj:L11 — �I n I �'LOCATION MAP �I Hidden Valley Subdivision '! S-8932 i 401, 900 REGINAHIGH ISO �•���� �\. � m SCHOOL R 20 P, \11J¢nmac Ciao I I I IO*A CITY HIGH SCHOOL Hoov[m 4 $C.00I 4 l alj:L11 — �I n I �'LOCATION MAP �I Hidden Valley Subdivision '! S-8932 i 401, 900 REGINAHIGH ISO �•���� �\. � m SCHOOL R 20 P, \11J¢nmac Ciao I I I IO*A CITY HIGH SCHOOL Hoov[m 4 $C.00I — �- FINAL PLAT HIDDEN VALLEY I •ii•a�r<, AN ADDITION TO IOWA CITY, 0..1• «i Heil n n .yo ro•ny N. JOHNSON COUNTY, IOWA y �_ «I nal• u i » , i w• •»y co — «i war w•wo.- u.w• w•u„ iJ If i ai _r_=_ Awnunlr' 4a'"�1 'ix` u.ai• 7 - ,�_ _ �.'r� MI w•.il' w'wIla.11• Iw.»• »I•w'ily ~ _ � wIN1LL PY.ID4 LY•KLLL Wi IDII . $ nrxxr mnalr ame nw 1 ' � b fl I •I I 9�� Finn \ w ,5 JHu-N •PiY L'7.i.^:riOE•,�',;�a\fk'ilr,5-/ T � '�_ MR i I ' 1 rjI ` , I� 1 I isr��"�wll« �am� 1 •+.nn ' r 11N 1 1 � » Q � k � . $YL Y 9. •awLsl w. I, Fi'•-E•,.w..:w�. �'�.' ewr ^`w�`..'..1 1� -, w iwY..lr" •w.l...a �' •��I IIIIC tI s .ti. �C w I/BI IO✓'✓I�IaM�IIIN W� 1 .w» Waf; r I {l1 / 1 %�� F,+q ..;., li I 'a'afp r_n.. 1�_nw •� / fff _� ! • L 1i-----------1 D12. rat wl inns »nlrin urn•u-x, w r Yi; �� � i ' • ' 4. • I .»• •YI " �'W tia�.n • a� .wY I .iµw. Yl,s.r lu~M� • ,Ia•aYr, � 21� • � i .4.0 a, Lm u.wl' ..Ir w in.a� i«I: rw� .. . 1 � • ,per/ "'T,.y . u...r .rvlr.wl rlr� nr•.ru`Y. •Iw __ e' � d' A �• J/,/ I _ wlr.W�na�I�r unl l».w lw ' / \ ^, a�—I; _ _ • aIN. ar.l» N e.rv.w1 In 1. I (' �' � {( tl I � � w11»I 1'irr"Ilwyi•iL•I W a,,. w � Y Lln��w'1-� «' �• • ..-��• Y I w Y»•[Ip' li II ,1II1 1 •r• Ira, Y� IMM^• was two V r 1 M 1 aM Mr_iti •ni•1N7, il..l. Ira== M.n s ..F its,....:':: �: .ura S [ 1 5 I R- , 2 x 3 E �1 � :I w'r"Yn•."".n.'r.�, .alli,.1 ..:'...:.' rin. � z T rvS'L� I� � ���il �r �ravin• r•..rrw .•••. tilY. I..r .ww» 1.. ..rN�_. � �<I 1 .'� I '1.�,. :I a•r, I 1 � tI s� i I . / HL DEN VALLEY AN ADDITION TO IOWA CITY, IOWA - — -� 5-8909 _ WINSTO_N OR._ ". Attachment 3; S-8931 i I 1 r:n i.�il u�iu I'J/il`II�.C+ri l� i1 ITS ,•iY ii•i .A��iTiii�( • I II.I1,�- cj - 1 . -'' T � ^. ro•P. .` 21.5, / tJ I, . ` ^` ss` •cam L I i / �C1�� , I � •Tij 7`� ILr 41 i RESOLUTION NO. 89-251 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR MERCY CENTRE MEDICAL BUILDING ON CENTRE MARKET. WHEREAS, the owner, Mercy Facilities Inc., has filed an application for approval of the preliminary Large Scale Non-Residential Development Plan for Mercy Centre Medical Building on Centre Market block; and I WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non-Residential Development Plan and have recommended approval of same subject to the Board of Adjustment granting a special exception to modify the front yard setback on Van Buren Street and subject to compliance with the City's Stormwater Management Ordinance; and i WHEREAS, the preliminary Large Scale Non-Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plan be accepted and approved subject to the items noted above; and WHEREAS, the preliminary Large Scale Non-Residential Development Plan for Mercy Centre- Medical Building is found to conform with all the pertinent requirements of the, ordinances, of the; City of Iowa City, Iowa, Including the Stormwater Management Ordinance and'a special exception has been granted by the Board of Adjustment to modify the front yard setback on Van Buren Street. NOW; THEREFORE, BE R. RESOLV IOWA: BY THCIT E Y COUNCIL OF THE CITY OF IOWA CITY, {'. i t. That the preliminary Large Scale Non-Residential Development Pian for Mercy Centre Medical Building on Centre Market block is hereby approved I i 1 „ 9 - That the Citv Clerk is hereby authorized and directed to certify the approval of the I '" I SPECIAL INFORMATION: Public utilities: Public services: Transportation: 2 Adequate water and sewer service are available. Police and fire protection will be provided by the City. Sanitation services will be provided by a private hauler. Vehicular access to the project is provided directly from Johnson and Van Buren streets. The one-way arterials of Market and Jefferson streets abut the she. Transit service is provided on Market and Jefferson streets. Physical characteristics: The site is relatively slat with a slight downward slope from the northwest ,a corner of the site to the southeast. f ` , BACKGROUND: , Mercy. Facilities of Iowa City, Inc. proposes the construction of a five level parking ramp and four story, medical office building on Centre Market block. This block is presently the site of a surfaced parking lot operated by Mercy Hospital.Mercy, Facilities, Inc; and Mercy Hospital :o are separate corporations which are subsidiaries of the parent company, Mercy Center. Since r the site has more than two acres, approval of a Large Scale Non -Residential Development plan Is required before a building permit may be Issued. ANALYSIS: Approval of a preliminary LSNRD plan endorses the general concept of building layout and traffic circulation shown on the plan. With resolution of the deficiencies listed below, the preliminary plan submitted for the Mercy Centre Medical Building is acceptable to the staff and Is In compliance with the LSNRD provisions of the Code. Design Compatibility with Neighboring Properties: The siting of the buildings is such that the greatest building bulk Is in the north and west portions of the property, near properties projected for commercial development and away from the lower density RM -12 residential zoning along Johnson and Jefferson streets. However, the applicant is encouraged to provide h t d south faces of the parking ramp to soften the bulk of this landscaping along t ewes an structure as it contrasts with the scale of the existing buildings along Johnson and Jefferson r streets. Extensive plantings exist along Johnson Street which screen the present parking area. To the extent possible, these plantings should be preserved or replaced around the proposed surface parking. � I i fI. i. I I� SPECIAL INFORMATION: Public utilities: Public services: Transportation: 2 Adequate water and sewer service are available. Police and fire protection will be provided by the City. Sanitation services will be provided by a private hauler. Vehicular access to the project is provided directly from Johnson and Van Buren streets. The one-way arterials of Market and Jefferson streets abut the she. Transit service is provided on Market and Jefferson streets. Physical characteristics: The site is relatively slat with a slight downward slope from the northwest ,a corner of the site to the southeast. f ` , BACKGROUND: , Mercy. Facilities of Iowa City, Inc. proposes the construction of a five level parking ramp and four story, medical office building on Centre Market block. This block is presently the site of a surfaced parking lot operated by Mercy Hospital.Mercy, Facilities, Inc; and Mercy Hospital :o are separate corporations which are subsidiaries of the parent company, Mercy Center. Since r the site has more than two acres, approval of a Large Scale Non -Residential Development plan Is required before a building permit may be Issued. ANALYSIS: Approval of a preliminary LSNRD plan endorses the general concept of building layout and traffic circulation shown on the plan. With resolution of the deficiencies listed below, the preliminary plan submitted for the Mercy Centre Medical Building is acceptable to the staff and Is In compliance with the LSNRD provisions of the Code. Design Compatibility with Neighboring Properties: The siting of the buildings is such that the greatest building bulk Is in the north and west portions of the property, near properties projected for commercial development and away from the lower density RM -12 residential zoning along Johnson and Jefferson streets. However, the applicant is encouraged to provide h t d south faces of the parking ramp to soften the bulk of this landscaping along t ewes an structure as it contrasts with the scale of the existing buildings along Johnson and Jefferson r streets. Extensive plantings exist along Johnson Street which screen the present parking area. To the extent possible, these plantings should be preserved or replaced around the proposed surface parking. � I '1 fI. i. I I� i1. f 1 Department of Planning and Program Development / 80� LOCATION MAP S-8927 jjt ,.� ►r:11CItIVLTD � � :i y SSP 2 51989 TO: Planning and Zoning Commission c/o Karen Franklin w, Civic Center P.P.O. E; ARTNENT 410 E. Washington Avenue Iowa City, Iowa 52240 C f ,• FROM: David R. Anderson ti. Marshall Erdman & Associates R RE: Mercy Facilities, Inc. Proposed Project DATE: September 22, 1989 jx�3�tj i! Sky4t'ay :VY i. ++�9:Wnu'rrv+r .1 ✓ M..o.n We understand that the proposed skyway over Market Street Is a separate Issue. ry a's ' which will Involve a separate approval process. This notation was Inadvertently omitted from our site plan for preliminary large-scale development approval. ' Tentative Schedule Begin Excavation/Foundation December 1989 :h Complete Parking Ramp June/July 1990 Complete Office Building December 1990 Com I r.. DRA:slw S, , RESOLUTION NO. 89-252 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE ALLEY IN BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND GILBERT STREET. WHEREAS, the City Council passed and approved Ordinance No. 82-3097 vacating a portion of the east -west alley In Block 47, Iowa City, Iowa, between Mercy Hospital and Gilbert Street, more particularly described as follows: The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof, subject to a 20 -foot utility easement over the entire 60 feet reserved by 1 the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities; and 1 WHEREAS, the City Council adopted and approved Resolution No. 89-223 September 19, 1989, declaring Its Intent to dispose of said vacated alley right-of-way by conveyance to Mercy Hospital; and also authorized publication notice of its proposal, and set the date and time of public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of r vacated alley right-of-way as excess City property is In the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and i deliver a quit claim deed conveying the City's interest in the portion of the vacated alley right-of- way ight-of way described above to Mercy Hospital In consideration of $7,000. " 2. That the City Attorney be and is hereby authorized, empowered and directed to prepare and deliver said Deed; and to simultaneously obtain the easements described above. i. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: E AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz I X Kubby X X Larson J ' )I X McDonald Passed and approved this 17th day of October 1989. I OR Approved as to Form egal Department i 9-aF-f7 /�Og , tlS RESOLUTION NO. 89-252 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE ALLEY IN BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND GILBERT STREET. WHEREAS, the City Council passed and approved Ordinance No. 82-3097 vacating a portion of the east -west alley In Block 47, Iowa City, Iowa, between Mercy Hospital and Gilbert Street, more particularly described as follows: The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the recorded plat thereof, subject to a 20 -foot utility easement over the entire 60 feet reserved by 1 the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities; and 1 WHEREAS, the City Council adopted and approved Resolution No. 89-223 September 19, 1989, declaring Its Intent to dispose of said vacated alley right-of-way by conveyance to Mercy Hospital; and also authorized publication notice of its proposal, and set the date and time of public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of r vacated alley right-of-way as excess City property is In the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and i deliver a quit claim deed conveying the City's interest in the portion of the vacated alley right-of- way ight-of way described above to Mercy Hospital In consideration of $7,000. " 2. That the City Attorney be and is hereby authorized, empowered and directed to prepare and deliver said Deed; and to simultaneously obtain the easements described above. i. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: E AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz I X Kubby X X Larson J ' )I X McDonald Passed and approved this 17th day of October 1989. I OR Approved as to Form egal Department i 9-aF-f7 /�Og , I r�- 1' t{ . I 1, �t , I; Hit RESOLUTION NO. 89-253 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN APPLICATION TO THE IOWA DOT CAPITAL MATCH LOAN BANK. i WHEREAS, the City of Iowa City has a municipal transit system, and WHEREAS, the City Council has authorized the application for federal funds to assist in the i " financing of Iowa City Transit's FY89 program of UMTA Section 3 and Section 9 capital projects; and WHEREAS, additional funds are available from the Iowa DOT Capital Match Loan Bank to provide interest-free loans of local match funds to Iowa public transit systems. ; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS I FOLLOWS: 1. That the Mayor is authorized to execute an application for an additional $26,130 from the Iowa DOT Capital Match Loan Bank for a total loan of $91,800, to assist in financing the local share of vehicles to be procured in FY90. 2. That the $91,800 will be repaid in three equal payments of $30,600 in 1991, 1992, and 1993. Ti 4. That JCCOG staff is authorized to file any additional information required by the Iowa j t DOT in conjunction with this project: i 1 It was moved by Balmer and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: t,at X Ambrisco! ` X Balmer rr n X Courtney X Horowitz X Kubby I r�- 1' t{ . I 1, �t , Easement, and.Covenant, attached hereto and made a part hereof; is approved as I to form and content. If i £,l .. BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to " make payment in the amount of $2,000, payable to Hawkeye Land, Company; to be I paid from City account number 3831.0. ,t AND BE IT FURTHER RESOLVED that the City Manager is authorized and directed to acquire said Easement, at the purchase price indicated above, and to execute the j''.', 1 i'' 7" e City's acceptance thereof.- �, ' `''' •� ' '-' ' It was moved byand .seconded by the RESOLUTION N0. Resolution be adopted, and upon roll call there were: RESOLUTION APPROVING THE ACQUISITION OF ASEWER EASEMENT FROM { HAWKEYE LAND COMPANY IN CONNECTION WITH SYCAMORE VIEW SUBDIVISION Ambrisco Balmer: WHEREAS, the City of Iowa City has undertaken a project to secure the develop- 1 Courtney ment of new single-family residential dwellings for lower income, first time ` 1 Kubby home buyers, utilizing City owned property adjacent to First Avenue between J „ McDonald Street and the Iowa Interstate Railroad right-of-way; and WHEREAS, in conjunction with the development of said property, it will be i necessary to construct a public sewer on railroad right-of-way to serve said residences; and o_ I WHEREAS, City staff has negotiated the terms of a proposed Permanent Sanitary Sewer Easement, Temporary Construction Easement, and Covenant with Hawkeye Land I, Company, the holder of underground property rights within said railroad right- of-way, for which the City will pay Hawkeye the sum of $2,000 for acquisition I of said Easements; and 1 II WHEREAS, the City Council finds it is in the best interests of the City of Iowa 1 } City to acquire said Easements from Hawkeye Land Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY: OF'IOWA CITY,' IOWA that the proposed Permanent Sewer Easement Temporary Construction Easement, and.Covenant, attached hereto and made a part hereof; is approved as I to form and content. If i .. BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to " make payment in the amount of $2,000, payable to Hawkeye Land, Company; to be I paid from City account number 3831.0. ,t AND BE IT FURTHER RESOLVED that the City Manager is authorized and directed to acquire said Easement, at the purchase price indicated above, and to execute the j''.', 1 i'' 7" " City's acceptance thereof.- �, ' `''' •� ' '-' ' It was moved byand .seconded by the • Resolution be adopted, and upon roll call there were: AYES: NAYS:- ABSENT: Ambrisco Balmer: Courtney Horowitz ` Kubby t Larson „ McDonald o_ r< Resolution No: Page 2 1 I Passed and approved this__ day of 1989. 1 !S MAYOR y1 Approved as to Form r ATTEST.:.- f/ i�,r,✓ kr mCITY CLERK e 1 Department ,t l• , � Iry t 1 ! f f it �• �y 6��-y�b•^� I 4t ` IIt f YI 1 J "nil J1 p6 i = j �t''1Cti,1Y� 15 l i )f ta%rv'I T GI Fr, rv.uuiN d >, \Vr4 r ,. �I �ntd HIIR�I� et�9�ii I fl,� 1 I I 1 YrviA Y 11 U '. [ Y 1 11 W 0hk5 i.io t rri r 1 w a .M1 it 1 '.♦ 4 1, 4 1 I r I FJ,�: l'i Iy W 1 J111 I I a y .1+ P I / 1 • r ti - PERMNENT SANITARY SEWER EASEMENT, ,l ... TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT i THIS AGREEMENT, made and entered into by and between Hawkeye Land Company, hereinafter referred to as 'GRANTOR' and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. The UNDERSIGNED Grantor states and covenants that it is lawfully seized and possessed of the real estate described and/or shown in Exhibit A attached hereto, and that it has agood and lawful right to convey this easement. 2. In consideration of $2,000 and the mutual covenants herein, GRANTOR hereby grants and conveys to the CITY an exclusive Permanent Easement for the j purposes of constructing, operating, maintaining, repairing, using, .i reconstructing and replacing sanitary sewers and appurtenances in, over - and across certain real estate owned by Grantor, and described and/or shown on Exhibit A. ]. Grantor also hereby grants and conveys to the City a Temporary Construction" - Easement in, over and across that portion of Grantor's property described "- and shown in Exhibit A. Said Temporary Construction Easement is for the � purpose of facilitating the construction of the sanitary sewer, and shall include necessary excavation, piling of dirt, storage of materials and equipment, and ingress and egress of persons and equipment to complete I� construction. 4. The term of the Temporary Construction Easement will be for the period of - - ..time required by the City to complete theconstruction of the sanitary sewer, but in no event shall the duration of the Temporary Construction �• !• ,Easement extend beyond July 1, 1991.. I1 ! 5. With respect to the Easements described in Paragraph 2 and 3 hereof:. + r P r �� t� + (a) The CITY shall have the right to make excavations within the area ! of the easements,and to grade as it may find reasonably necessary ' a for _ theconstruction;operation, repair, , maintenance and reconstruction of the sanitary sewer. The City covenants and agrees f I �, to protect such excavations during construction, and to promptly fill .a..... ..C,• ,., ..,.. .. same following construction. ... �- ... .. �,. u.... (h) ,The CITY shall have the right,to trim and remove all trees and bushes which may interfere with the exercise of. the CITY's rights pursuant to this Easement. However, if valuable timber is removed, it shall continue to be the property of the GRANTOR:- The: City covenants and agrees that existing driveways, sidewalks, fences, trees, shrubbery y„ .. .. or other site features which are rmaoved or disturbed to. permit U ,{•. construction shall be replaced to conform with the sections or items � removed. ' All grassed areas. disturbed by the installation, repair or .. .maintenance of the sanitary sewer shall be reseeded. (c) The City covenants and. agrees to remove and stockpile existing i �. ' - topsoil from areas to be excavated to a minimum depth of six inches. Following installation of the sanitary sewer, said topsoil shall be replaced and respread over excavated areas, and all other areas within the easement limits which are disturbed will be restored to _ ,•�) their original elevations. (d) The CITY shall have the right of ingress and egress to and from the - v easement areas by such route as shall occasion the least practical ...I. damage and inconvenience to the GRANTOR. , 4 1" (e) The City. covenants and agrees to provide Iowa Interstate Railroad `Ltd. and to any successor operating entities, 72 hours notice prior M. to the commencement of construction, repair, routine maintenance, reconstruction,or replacement of the sewers located within the permanent easements. Such notice shall be given orally by telephone ' r ) /83� z j !: or by ordinary mall to the local dispatcher or other designated agent t for the operating entity. In the event of an emergency requiring Immediate repair or maintenance, the City shall be entitled to immediate access, and shall Immediately notify the dispatcher by telephone. For purposes of this provision, it is assumed and agreed I' a dispatcher shall be available by telephone at all times. In the event that a dispatcher is not available by telephone, notice shall be deemed given when milled.. 6. The GRANTOR reserves the right to use the real estate above-described for purposes which shall not interfere with the CITY'S or public's full • enjoyment of the rights granted to this easement; provided, however, (a) Heartland Rail Corporation and Iowa Interstate Railroad Ltd., and their heirs, successors and assigns, shall continue to have the right j to operate a railroad or railroads upon said property, including the right to replace or repairtrackage, or to install additional trackage thereon. (b) GRANTOR, their heirs, successors and assigns shall continue to have •I - the right to utilize the surface and subsurface areas of the railroad 1 right-of-way for the construction, installation, erection, - reconstruction, reinstallation, re -erection, relocation, maintenance,^: removal, repair, replacement, use and operation of transportation 'and transmission systems for all and every type of fluids, gases, • resources, materials, products, communications and energy by whatever means, including, without limitation, overhead conveyors, pipelines, telephone, radio, radar or laser transmission systems, wire, cable, fiber, fiber-optic, utility, energy and power transmission lines or conduits of every kind and character together with all necessary 1 supporting structures and devices which may, be constructed, erected or Installed on, In, under, over, above, across and along all or any 1. �; '•, :,a.. portion of the Property m to the extent that said uses do not disrupt or Interfere with the Easement rights herein granted to the City; f , 7. GRANTOR shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions within the Easements noted 1n Paragraphs 2 and 3 above. Nor shall GRANTOR '� r IM� + allow or cause any substantial fill or cut over said Easements without the consent of said CITY, which consent shall not be unreasonably withheld. " D. In the operation, maintenance, repair, or replacement of its sewers, City shall not unreasonably interfere with the use, operation or maintenance of the surface of property for railroad purposes, as owned and/or leased- ,� 1 by Heartland or Iowa Interstate, their heirs, successors, and assigns. 'al 1 9. The CITY shall indemnify GRANTOR against any loss or damage which may occur in the exercise of the Easement rights by the CITY, except for lass which may be occasioned by a diminutionin business during the temporary use of the area for construction, repairs, maintenance and/or construction. x, Y { 10. The provisions hereof shalllnure to the benefit of and bind the successors and assigns of the respective Parties hereto,- and all covenants shall apply * to and run with the land and with title to the land. These Easements shall be recorded at the time of execution. ' Dated this day of 19_ 1 z :. HAYKEYE LAND COMPANY, a corporation I , organized and existing under the laws him` • •i -., , _ of the State of Y Iv GRANTOR'. 4 1 /83z .r ,� i 1 111 1 1111 By: .. r STATE OF IOWA JOHNSON COUNTY) 19 beforee. On this day of _. ., i ' n� ,.e Notary Pub cin a�. the Statemof. v -. owa, Dersone Y'+DDeared �- . ,' to me Personally I7 Y- w a - known, and, who, being by me u y sworn, d d say t at a she) Is the (Mayor) I r• (City Manager) of the City. of Iowa City, Iowa; that the instrument was signed 1 on behalf. of the corporation, by authority of its'City Council, as contained in Resolution No. adopted by the City Council on the day Of " 19 and that ` ,. . acknow edged the axe on of the nstroment to be h s her vo untary act and II 'deed and the voluntary act and deed of the corporation, by it voluntarily ...executed. 1 i Notary Public in and for the State o7wfowa'., .. n�p'Pp�iG�i° tb ronlA�_ � I" 1 111 1 1111 ' IIAHKEYE LAND COMPANY' � 1. " P 0 BOX 5399 EXHIBIT A j CEDAR RAPIDS, IOWA 52406-5399 - (formerly. Chicago Pacific Corporation) '- 1319)366-3438 + APPLICATION FOR PIPELINE EASEMENT i Locot on of easement des red , 1, STATE Iowa COUNTY Johnson- OUARTER.SECTION SBL -14 TOWNSHIP 79N RANGE R61V PM SNI .. 2. Full Name and Address of.Applicant City. of Iowa City CONTACT Marianne Millanan TELEPHONE 319.356.5244 i wage 3. Product to be handled in Pipe Line Sanitary SeI. Toxic or F alT—tunable Non -F ammable 7�— . Croee-Inq __ Parallel 7_ 4. Easement Requirement for, Construction slid Maintainance of Sewer Pipe in It�il Road Right -of -Way S. PIPE DATA1 CARRIER PIPE CASING PIPE Outside Diameters • Inside Diameter g. Pipe Material 1 Clay. Specification a Grade 11.4111 , �" Exterior Coating ' Wall Thickness I+ +i Minimum Yield Stress }� ? ' Maximum Operating Pressure ` 9 Type of Joint ii Method of Installation ), Cathodic Protection Provided -YES NO Casing insulation YES to . !' Pipeline Stationing at Railroad R.O.H. Pipeline Stationing at Mainline. Track :r 1 Pipeline Crossing Angle: at Mainline Track Pipeline Crossing. Distance to R.R. Milepost' 28U.5'to 54J' west of milrncrteri} Pipeline Offset' Parallel to R.R. Mainline Track 3U' Pipeline Minimum Depth from Base of Mainline Track 7' ,,... Minimum Federal Standards for. Gas Pipeline (192 Titre 49 Comp -L eT1_tNi . syr r5•s� 1 ,: , 6. Legal Description of Proposed Location of Pipeline (Sufficient for`ir", Recording Purposes). See Attached Plat 814 Easement Descriptions I �•� - (a) Distance to nearest Quarter Section line 200' ivy a' r (b) Approximate direction from Quarter Section line. �r r .. . . '�)—r.-Teaearf�om-neetea U Land -brant -lino• 7. APPLICANT - . I I BY _ TITLE B. Complete Location Sketch on Reverse Side err I 9. PLEASE ATTACH PLAN AND CROSS SECTION OF PROPOSED CROSSING WIZEN RETURNING ,I I! TIII9 FOAM. ; • + 11 APPROVEDt Name Name Title 1'te t� I _ i i PROPOSED TEMPORARY Y q CONSTRUCTION EASEMENT. PROPOSED PERMANENT EASEMENT PLAT OF. PROPOSED EASEMENTS SYCAMORE VIEW SANITARY SEWER CONSTRUCTION ON IOWA INTERSTATE RAILROAD RIGHT -OF -HAY i jl DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Beginning at a point which is the southwest corner of Block 10 in I the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly Right -of -Nay line of the Iowa Interstate i Railroad, 541 feet west and 50 feet north of railroad mile marker ` 1235; thence northwesterly along said railroad Right -of -Way line I9 a point of intersection with the centerline of Second Avenue as platted In said East Iowa City Addition; thence south along ... said Second Avenue centerline extended to a point which lies 40 - feet southwest of said Railroad Right -of -Nay line; thence southeasterly along a line which lies parallel to and 40 feet, southwest of said Railroad Right -of -Nay line to a point which Iles 254 feet east of said Second Avenue centerline extended; 1! thence north along a line which lies parallel to and 254 feet east of said Second Avenue centerline extended to a point of Intersection with said railroad Right -of -Nay line; thence - northwesterly along said railroad Right -of -Nay line to the Point of Beginning. DESCRIPTION OF PERMANENT EASEMENT Beginning at a point which Is the southwest corner of Block 10 In the East Iowa City Addition to Iowa City, Iowa, said point lying on the northerly. Right-oPNay line of .the Iowa. Interstate I Railroad, 541 feet west and 50 feet north of railroad mile marker - 1235; thence :northwesterly along said railroad Right -of -Nay line to a point of intersection with the centerline. of, Second Avenue as platted in said East Iowa 'City Addition; thence south along - a; said Second Avenue centerline extended to a point.. which lies 30.- ' feet southwestof -sold Railroad Right -of -Nay line; thence w+ southeasterly along 'arline which lies, parallel to. and 30 feet -point + southwest of ' said Railroad: Right -of -WAY line toa which lies 299 feet east of. said Second Avenue centerline extended; thence. northalong a line which lies parallel to, and 244 east of said Second Avenue centerline extended to a point of intersection j the 'northerly.' Right •of -Nay line of .the lowalnterstate . .with Railroad, said line also being the south line of Block IO in the I . East Iowa City Addition; thence northwesterly along said Right- ! of-Nay to a point which lies 224 feet east of said Second p .line Avenue centerline extended; thence south along a'line 'which lies parallel to and 224' feet east of said Second Avenue centerline , extendedto -a point which lies 10 feet southwest of said Railroad Right -of -Nay lin( northwesterly along a. line which lies parallel to and 30 feet. southwest of. sa ld RallroadRight-oF-Nay C `� line to a point which lies 37.5 feet east of said Second Avenue _' ' centerline' extended; thence north along a line.. which lies -.i '• parallel to and 37.5feet east of said. Second Avenue centerline • .x tended to the Point of Beginning. i •:ir, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF TWO PROMISSORY NOTES AND MORTGAGE FOR PROPERTY LOCATED AT 728 BOWERY STREET. WHEREAS, on November 30, 1988, and March 28, 1989, the property owners at 728 Bowery Street executed two Promissory Notes; and WHEREAS, the property owners at 728 Bowery Street executed two Promissory Notes in the amount of $11,000, dated 11/30/88 and $25,000 dated 3/28/89 for value received by way of Comprehensive Rehabilitation Loans; and WHEREAS, said Notes provided a lien against subject property, and WHEREAS, the Combined Promissory Notes of $36,000 have been paid in full on Jul 20 1989 d J 12 y an u y 4, 1989, respectively. j. I I y an u y 4, 1989, respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, I IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien, whereby, the City does release the affected property from an obligation of the property owners at 728 Bowery Street to pay to, the City the principal amount of $36,000.00. + It was moved by Balmer and seconded by Ambrisco the Resolution be ' r adopted, and upon roll call there were: Approved as to Form AYES: NAYS' ABSENT: X Ambrisco F ; E R Balmer X Courtney i Ili !✓JS ��°In X Horowitz I... Xj Kubb i Legal Department X Larson X McDonald r Passed and approved this 17th day of October 1989. „ AYOR + Approved as to Form F ; E - 7� ATTEST: /ilo.y���� �f.nywJ !✓JS ��°In C CLERK Legal Department r + l t L; I I Date: October 17, 1989 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City does hereby release the following -described property: I The South 80 feet of Lot 12, in Oak Hill Addition to Iowa City, Iowa according to the plat thereof recorded in Book 2, Page 14, Plat Records of Johnson , County, Iowa. tj from an obligation of the property located at 728 Bowery Street to the City of Iowa City, Iowa, in the combined principal amount of $36,000.00 represented by two mortgages recorded in the Office of the Johnson County Recorder on December 9, 1988, in Book 1038, Page 46, and April 11, 1989, in Book 1054, Page 66 respectively. This obligation has been paid In full and the Mortgage Is hereby released. I ` CITY OF IOWA CITY,. IOWA I { ' i :;:'Mayor ATTEST: II 5 - v r , City -Clerk STATE OF IOWA SS: JOHNSON COUNTY ) . I• On this 17th day of October 198, before me, _Ramona Parrott a Notary Public in and for said County, In said State, personally appeared John McDonald and Marian K. Karr, to me personally, known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal Mixed thereto is the seal of said corporation by authority of Its City Council; and that the said John McDonald and Marian K, Karr as such officers acknowledged the execution of said Instrument to be the act voluntary and deed of said corporation; by It and by them voluntarily executed Notary Public in and for the State of Iowa I,. � � I ,