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HomeMy WebLinkAbout1988-05-03 Resolutionk' RESOLUTION NO. 88-81 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY88 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:30 p.m., May 17, 1988, to permit any citizen to be heard for or against the proposed amendment to the FY88 Operat- ing Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four 4 ays and not more than twenty (20) days before the time set for such hearing. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: `X AMBRISCO E COURTNEY X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT Passed and approved this 3rd day of bia 1988. AYOR Appr ed as to Form ATTEST: LIT C� LERK — LEGAL DEPARTMENT �a � M RESOLUTION NO. 88-82 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY88 CAPITAL PROJECTS BUDGET AND ESTABLISHING A CAPITAL PROJECTS BUDGET FOR FY89. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing be held in the Civic Center at 7:30 p.m., May 17, 1988, to permit any citizen to be heard for or against the proposed FY88 and FY89 capital projects budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, not less than four (4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: _ X AMBRISCO X COURTNEY X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT Passed and approved this 3rd day of May 1988. MAYOR App r v d as to Form j ATTEST: CITY CLERK LEGAL DEPARTMENT N Gas RECEIVED APR 261988 April 25, 1988 i Iowa City, City Council Civic Center 410 E. Washington Iowa City, IA. 52240 To All Council Members: .I am writing in regards to rezoning the NW Bell building and understand it will be voted on at the next City Council meeting on May 3rd. I believe rezoning the building from CB -2 to CB -10 will be an incentive to attract new bussiness to Iowa City. At the same time jobs will be created when recent reports reflect Iowa's population is dropping due to lack of employment opportunities. Elected officials at local, state, and federal levels of government should work at securinglegislation to reverse the decline in population and keep Iowan'sin Iowa. Using anexisting facility to it's fullest extent is a way to keep poeple working, Iowa City growing, and Iowa prospering. I also want to point out the contributions NW Bell has made to this community over the years. The Iowa City Public Library received $10,000 recently, the Adult Daycare Program -$500, SEATS -$250, Congrete Meals -$250, and the Iowa City Crisis Center Food Bank -$500- I do-'.not.have accurate figures for contributions to Hancher.and". University athletic events. The latest donation is in the form of offering office space in an existing building to potential businesses. This would help the community and state to realize new growth and stability. I I encourage you to vote for rezoning the NW Bell building in Iowa City. Sin erely, v Kerry Bowen 430 E. Jefferson #2 Iowa City, Ia. 52240 354-2222 (h) A City Of Iowa City MEMORANDUM Date: April 20, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign on Rita Lyn.. Court at Rochester Avenue As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of a stop sign on Rita Lyn Court at is intersection with Rochester Avenue so as to cause traffic to stop on Rita Lyn:' Court prior to entering Rochester Avenue. This action will take place on or shortly after May 3, 1988. COMMENT: Rita Lyn Court is a new subdivision in the northeast part of Iowa City. The stop sign placement noted above will protect the right-of-way of Rochester Avenue, an arterial for Iowa City. bj/pc 0 N APR 2 01980 MARIAN K. KARR CITY CLERK (3) Gal City of Iowa City MEMORANDUM Date: April 20, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign on Boyrum Street at Highland Avenue As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of a stop sign on Boyrum Street at is intersection with Highland Avenue so as to cause traffic on Boyrum Street to stop prior to entering Highland Avenue. This action will take place on or shortly after May 4, 1988. COMMENT: This action is being taken to cause traffic on Boyrum, a newly constructed street, to stop prior to entering Highland Avenue. This action is being taken to protect the right-of-way of Highland Avenue. bj/pc APR 2 01988 MARIAN K. KARR CITY CLERK (3) Gay i 111"7 RESOLUTION NO. 88-83 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF WALDEN WOOD, PART 2, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Braverman Development Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Walden Wood Part 2, a subdivision of Iowa City, in Johnson County, Iowa, which is legally described as follows: Preliminary A tract of land in the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th principal Meridian described as: Commencing at the northeast corner of the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S0038'44"E - 302.00 feet along the east line of said quarter quarter and the centerline of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the point of begin- ning of the parcel herein described; thence S89021'16"W - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1 along a 304.49 foot radius curve concave northerly to a point that lies 1482°46'14"W - 83.44 feet of the last described point; thence N74053'44"W - 145.31 feet along said line of Walden Ridge Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies S5806'16"W - 115.80 feet of the last described point; thence S1106'16"W - 51.00 feet along said south line of Walden Ridge, Part 1; thence N8208144"W - 50.08 feet along said south line of Walden Ridge, Part 1; thence S1106'16"W - 233.10 feet; thence southwesterly 209.04 feet along a 154.05 foot radius curve concave northwesterly to a point that lies S49058'44"1•I - 193.37 feet of the last described point; thence N8908'16"W - 39.05 feet; thence S4024'11"E -293.08 feet to the northwest corner of Walden Wood, Part 1, according to the plat recorded in Plat Book 22, page 60, Johnson County Recorder's Of- fice; thence N64135149"E - 149.00 feet along the north line of said Walden Wood, Part 1; thence N89035'49"E - 85.00 feet along said north line of Walden Wood, Part 1; thence S7302411111E - 120.39 feet along said north line of Walden Wood, Part 1; thence N66035'49"E - 96.22 feet along said north line of Walden Wood, Part 1; thence S86024'11"E - 82.29 feet along said north line of Walden Wood, Part 1; thence S46024'11"E - 38.89 feet along said north line of Walden Wood, Part 1; thence S86024'11"E - 142.98 feet to a point on the east line of said quarter quarter and center line of Mormon Trek Boulevard, said point also being the northeast corner of Walden Wood, Part 1; thence N00381441111 - 672.48 feet to the point of beginning. Said tract contains 8.68 acres, more or less. d;10 Resolution No. 88-83 Page 2 Final Commencing at the northeast corner of the northwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West of the 5th Principal Meridian; thence S00038'44"E - 302.00 feet along the east line of said quarter quarter and the center line of Mormon Trek Boulevard to the southeast corner of Walden Ridge, Part 1, according to the plat recorded in Plat Book 23, Page 10, Johnson County Recorder's Office, said point also being the point of the beginning of the parcel herein described; thence S89021'16"4I - 78.43 feet along the south line of said Walden Ridge, Part 1; thence westerly 83.70 feet along said south line of Walden Ridge, Part 1 along a 304.49 foot radius curve concave northerly to a point that lies N82046'14"W - 83.44 feet of the last described point; thence N74053'44"W - 145.31 feet along said south line of Walden Ridge, Part 1; thence southwesterly 129.89 feet along said south line of Walden Ridge, Part 1 along a 79.17 foot radius curve concave southeasterly to a point that lies S58106'16"W - 115.80 feet of the last described point; thence S11006'16"W - 51.00 feet along said south line of Walden Ridge, Part 1; thence N82008'44"W - 50.08 feet along said south line of Walden Ridge, Part 1; thence S11006'16"W -233.10 feet; thence southwesterly 94.83 feet along a 154.05 foot radius curve concave northwesterly to a point that lies S28044'22"W - 93.34 feet of the last described point; thence 543037'33"E - 103.19 feet; thence N89021'16"E -186.00 feet; thence N44021116"E - 77.85 feet; thence N89021116"E -241.72 feet to a point on the east line of said quarter quarter and centerline of Mormon Trek Boulevard, said point lying N00038'44"Il -293.73 feet north of the northeast corner of Walden Wood Part 1, according to the plat recorded in Book 22, page 60, Johnson County Recorder's Office; thence N00038'44"W - 381.72 feet to the Point of Beginning. Said tract contains 4.75 acres including 0.75 acres of street right-of-way. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdivi- sion and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved subject to final approval of the legal papers; and WHEREAS, the legal papers have been approved as to form by the Legal Depart- ment; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I014A CITY: 1. That the preliminary and final plats of Walden Wood, Part 2, a subdivision of the City of Iowa City, are hereby approved. Resolution No. 88-Ri Page 3 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the preliminary and final. plats after passage and approval by law; and the owner/subdivider shall record the legal document and the final plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by D' and seconded by Strait the Resolution be adop a an upon rolT call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 3rd day of May 1988. M YOR ATTEST: Approved as to Form CI CLERK 4K___ 5/_7*49 Leg RESOLUTION N0. 88.84 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR THE IOWA CITY RETIREMENT RESIDENCE ON LOT 1, WALDEN WOOD, PART 2. WHEREAS, the owner, Jeffrey Wright Development Company, has filed an application for approval of a preliminary and final Large Scale Residential Development Plan for the Iowa City Retirement Residence on Lot 1 of Walden Wood, Part 2; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Residential Devel- opment Plan and have recommended approval of same subject to the resolution of minor deficiencies; and WHEREAS, the preliminary and final Large Scale Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved subject to resolution of minor deficiencies; and WHEREAS, all the minor deficiencies noted in a memo to the Commission dated April 7, 1988 have been resolved; and WHEREAS, the preliminary and final Large Scale Residential Development Plan for the Iowa City Retirement Residence now conforms with all the pertinent require- ments of the ordinances at the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the preliminary and final Large Scale Residential Development Plan for the Iowa City Retirement Residence on Lot 1, Walden Wood, Part 2 is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plans; the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Dickson and seconded by Horowitz the Resolution be adopted, and upon ro ca there were: I AYES: NAYS: ABSENT: X Ambrisco X Courtney i X Dickson X Horowitz X Larson X McDonald �— Strait Passed and approved this 3rd da of May 1988. j -7.� 11ll Approved as to Form ATTEST: //Icu��.i ^. 0� v1- 27 -d& CIT CLERK Leg'Al Department i Ikmv RESOLUTION NO. 88-85 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HUNTER'S RUN SUBDI- VISION, PARTS FOUR - NINE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Hunter's Run Development Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the prelimi- nary plat of Hunter's Run Subdivision, Parts Four - Nine; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the require- ments of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the preliminary plat of Hunter's Run Subdivision, Parts Four - Nine is hereby approved. It was moved by Courtne and seconded by Dickson the Resolution be a op a an upon roll call there were: AYES: NAYS: ABSENT: X X X X X X Passed and approved this 3rd X AMBRISCO _ COURTNEY DICKSON HOROWITZ LARSON MCDONALD STRAIT day of nla 1988. MAYOR Approved as to Form (007 parks & recreation MEMO department to: Barry Beagle, Planner f rom: Terry Trueblood, Director re. Hunter's Run Subdivision date: March 15, 1988 At its meeting of March 9, 1988, the Iowa City Parks and Recreation Commission discussed the possible parkland acquisition, associated with the development of Hunter's Run Subdivision. It is our understanding that the developer will donate Part Six of the subdivision to the City, if the City will also accept Part Three and Part Four, with all three of these areas being dedicated as parkland. The reality is that Part Six is orobably the only area suitable for future parkland, and the otner two parts will simply be "green space." The Commission did vote favorably to support the acquisition of this property, but also registered some concern regarding the timing of acceptance, particularly as it relates to assuming maintenance responsi- bilities. We understand that certain conditions/stipulations can be placed upon such transactions, prior to approval of the final plat. The Commission would appreciate the opportunity for input pertaining to this aspect of the process. cc: Steve Atkins, City Manager Bill Steinbrech, Chairman, Parks & Recreation Commission city of Iowa city 4417 STAFF REPORT TO: Planning & Zoning Commission Prepared by: Barry Beagle Item: Z-8804. Hunter's Run Development Date: February 18, 1988 Co. S-8801. Hunter's Run Subdivision, s Parts 4-9. GENERAL INFORMATION: Applicant: Requested action: t Purpose: Location: Size: I Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: File date: i 45 -day limitation period: i SPECIAL INFORMATION. Public Utilities: Hunter's Run Development Co. 1550 S. Gilbert Street Iowa City, Iowa 52240 Phone: 338-2095 Rezoning from PDH -5 to RS -5 and amended preliminary plat approval. To establish a conventional single-family residential subdivision. Immediately north of Rohret Road and West of Highway 218. Rezoning: Approximately 82 acres. Subdivision: 57.66 acres. Undeveloped; PDH -5. North - Undeveloped (City Park); PDH -5. South -Single-Family Residen- tial; PDH -5. East -Single-Family Residen- tial PDH -5. West - Undeveloped; ID -RS. Agriculture/Rural Residential. Zoning Ordinance, Subdivision Regulations, and Stormwater Management Ordinance. January 26, 1988. March 11, 1988. Adequate water and sewer service are available. Public services: Transportation: Physical characteristics: BACKGROUND: Police and fire protection and sanitation service are available. Access if provided via Rohret Road and the extensions of Duck Creek Drive and Foxana Drive. Topographically the site is hilly with moderate relief draining primarily to the north into Willow Creek. The applicant proposes to develop the remaining 57.66 acres of Hunter's Run Subdivision as a conventional single-family residential subdivision. Currently, the area is zoned PDH -5 with the original preliminary plat, planned development housing (PDH) and large scale residential development (LSRD) plans approved on February 10, 1981. The original plat/plan approved a 117 -acre, 253 -unit, eight (8) part subdivision. The final plat of Part One, the portion south of Rohret Road, was approved in 1982 as a ten -lot rural subdivision. In 1984, the preliminary PDH/LSRD plan for Parts 2-8 was amended and a final plat, PDH and LSRD plan for Parts 2 and 3 was approved. In 1985, the PDH plan for Parts 2 and 3 was repealed and resubdivided as a 49 -lot single-family residential subdivision. The applicant seeks to rezone that portion of the development north of Rohret Road from PDH -5 to RS -5 to continue its development as a single-family detached subdivision. Accompanying this request is an application for preliminary plat approval to establish a 115 -lot, single-family sub- division on the balance of the 57.66 acres known as Hunter's Run Sub- division, Parts 4-9. ANALYSIS: It is the purpose of this report to evaluate the proposed rezoning and preliminary plat of Hunter's Run Subdivision, Parts 4-9. Since separate action is required on both requests, they will be reviewed independently. Proposed Rezoning. The applicant is seeking to rezone that portion of Hunter's Run Sub- division located north of Rohret Road from PDH -5 to RS -5. The subject rezoning would allow its continued development as a conventional single- family residential subdivision. Part 1, the area south of Rohret Road, is not part of the subject rezoning. The PDN Zone is intended to permit "...flexibility in the use and design of. structures and land in situations where conventional development may be inappropriate and where modification of requirements of the underlying zone will not be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan, nor harmful to the neighborhood in which they are located." (Section 36-47(a)) Provided the development density does not exceed the maximum permitted density of the underlying zone, the developer has flexibility in the design, placement and clustering of buildings in accordance with an approved plan. The underlying zone in which the subject parcel is located is RS -5. The RS -5 zone allows for the development of a detached single-family residen- tial subdivision with minimum lot sizes of 8,000 square feet. Under the amended PDH plan approved in 1984, Hunter's Run Subdivision was approved for a total of 255 dwelling units (101 single-family lots, 64 duplex units, and 90 multi -family 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 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 PDH plan. The accompanying preliminary plat shows the balance of the subdivision as being subdivided into 115 single-family lots for a development total of 164 lots, a reduction of 91 units from the approved PDH plan. Rezoning the subject parcel would permit the development of a conventional single-family residential subdivision consistent with Parts 2 and 3. The proposed rezoning would permit development consistent with the character of established single-family uses in Parts 2 and 3. Subdivision Proposal. The proposed subdivision is in general compliance with the Subdivision Regulations and the dimensional requirements of the Zoning Ordinance for the RS -5 Zone. Following is a brief review of the significant features of the plat. 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. All other streets are designed to local street standards with 50 -foot right-of-way and 28 -foot pavement widths. Both Duck Creek Drive and Foxana Drive are proposed to extend to the west boundary of the subdivision. The existing PDH plan makes no provision 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. Another street, Partridge Street, extends to the north boundary of the subdivision for future access to the undeveloped City parkland immediately north of the subdivision. The Public Works Department suggests that such an access is not required given the access that could be gained through the proposed parkway in Part 6. In the alternative, staff suggests Partridge Street terminate in a .cul-de-sac approximately 50 feet south of the north subdivision boundary and that a 30 -foot access easement extend north of the cul-de-sac to provide for emergency access. Consistent with City street naming policy, all north -south oriented streets should be named "Streets." For example, Pheasant Valley Drive and Hunter's Run Drive should be renamed "Streets." To eliminate confusion with regard to the rapid and efficient delivery of emergency services, street names should be sufficiently varied. For example, four (4) streets in the subdivision bear the name "Hunter's" (Hunter's Run Drive, Hunter's Court, Hunter's Glen, and Hunter's Place). Two (2) if not three (3) of the street names should be changed to avoid such duplication. 4 fl -7 The size of the center islands for such streets as Quail Valley Court, Hunter's Place, and Hunter's Glen raises a concern of maintenance. The customary size of center islands is demonstrated by Hunter's Court, and Wolfbrook Circle. The larger the size of the islands assumes more maintenance responsibility by the City. Much like the approved PDH plan, the amended plat continues to provide for the future dedication of parkways to the City. In 1981, the Parks and Recreation Commission gave tentative approval of the future acceptance of the proposed parkways shown on the PDH plan. An informal arrangement was made by which the parkway in Part 6 would be dedicated to the City at the time of final plat approval, if the City agreed to accept the proposed parkways in Parts 2 and 3, and Part 4. The parkway in Parts 2 and 3 has not yet been officially accepted by the City. The proposed parkway in Part 4 is actually a stormwater detention basin as was originally designed. Pedestrian access to the parkway in Part 4 will be provided by frontage on Duck Creek Drive and a 10 -foot wide combination storm sewer and walkway easement between Lots 66 and 67. Pedestrian access should also be made available from Pheasant Valley Drive for the benefit of lot owners along the street. Staff suggests that the existing sanitary sewer easement between Lots 122 and 164 also be designated a walkway easement. The parkway in Part 6 is not intended to serve as a stormwater management facility and abuts the undeveloped 16 -acre park north of this subdivision. Staff recommends that the proposed parkway dedications in Parts 4 and 6 be reviewed once again by the Parks and Recreation Commission to determine that there still is an interest in their future dedication to the City. As a general requirement of the Subdivision Regulations, double frontage lots shall be avoided except where good platting indicates their use. Given the amount of frontage on Rohret Road, a certain number of double frontage lots can be expected. Staff finds the double frontage lots 93- 95, and 152-156 to be acceptable, provided a note is placed on the plat restricting access to the interior local streets. A similar note concern- ing corner lots 146 and 158, should also be indicated prohibiting direct access to Rohret Road. According to the Municipal Code,fire hydrants should be spaced approximately 300 feet apart and at street intersections. The Fire Marshal has identified the need for one additional fire hydrant on Pheasant Valley Drive. Economic Impact: Although rollbacks of assessed values and tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivision. Given the value of existing residential develop- ments in the immediate area of the proposed subdivision, the assessed value of lots, including a residential dwelling, is approximately $92,000. For tax purposes, the value of residential uses within this tax year are rolled back to 77.3604% of their assessed values. The city tax levy presently imposed upon 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 $92,000, the amount of tax due on that property this year would be approximately $822. If the 115 lots were developed today, the City would realize an annual increase in the tax base of approximately $94,530. 5 Some direct construction costs will be assumed by the City as a result of the proposed development. There will be overwidth paving costs associated with the extension of Duck Creek Drive, a collector street, through Parts 4, 6, and 9 to the west boundary line of the subdivision. At today costs, the price per lineal foot for the overwidth portion is approximately $5.50. The extension of Duck Creek Drive to the western boundary is approximately 1,200 feet for a total cost of approximately $6,600. Another oversized cost to be assumed by the City will be the difference between a six (6) inch and an eight (8) inch water line to be installed along Duck Creek Drive. The difference in cost per lineal foot, at today's costs, is approximately $3.40 for a total cost of approximately $4,080. The City will also incur expense with the eventual dedication of the proposed parkways in Parts 4 and 6. Assuming there to be approximately 10 acres of total parkland between the two (2) parks, it would cost the City approximately $2,000 a year in maintenance costs not including capitol improvement and recreational equipment costs. Indirect costs such as garbage pickup, maintenance of streets and municipal utilities, and police and fire protection will be incurred. With increased residential development, local schools, parks, the public library, the transit system, and roadways outside the development are also affected. This subdivision is not expected, however, to impact the City's ability to provide municipal services. STAFF RECOMMENDATION: Staff recommends that the proposed rezoning of Hunter's Run Subdivision, Parts 2 and 3, and the 57.66 acres remaining to be developed, and located north of Rohret Road, be rezoned from PDH -5 to RS -5. Staff recommends that consideration of the preliminary plat for Hunter's Run Subdivision be deferred pending review of the proposed parkways by the Parks and Recreation Commission and upon resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends the plat be approved. DEFICIENCIES AND DISCREPANCIES: 1. Relabel drawing as "Amended Preliminary Plat." 2. Indicate approximate size of proposed parkways in Parts 4 and 6. 3. Place note on plat prohibiting direct access to Rohret Road from adjacent double frontage and corner lots. 4. Pheasant Valley Drive should be relabeled a "street" as well as Hunter's Run Drive, consistent with the City's street naming policy. 5. Storm Sewer: a. The storm sewer system in the southwest area is incomplete. b. Overland drainage easements will be required where the 100 -year excess flow will not be transported on the streets. 6. Sanitary Sewer: a. Extend sanitary sewer to the west end of Duck Creek Drive. 44,17 6 b. The existing house needs to be served with an 8 -inch line to the lot line. C. Label sanitary sewer easements as such as opposed to "utility easements." 7. Water Facilities: a. Identify an additional fire hydrant on Pheasant Valley Drive next to Lot 131. b. Reduce oversized main on Duck Creek Drive to eight inches. C. Reduce oversized main on Pheasant Valley to six inches. d. Locate water main on opposite side of the street as the sanitary sewer. e. Relocate fire hydrant on Hunter's Court to between Lots 100 and 101. 8. Streets: a. Change cross slope detail between back of curb and sidewalk to one-third inch per foot. b. Redesign cul-de-sacs so as to reduce the area within the center. 9. Designate a walkway easement between Lots 122 and 164. ATTACHMENTS: 1. Location Map. 2. Preliminary plat of Hunter's Run Subdivision, Parts 4-9. Approved by: �bz;q1k. rL Doald Schmeiser, Directo D artment of Planning and Program Development LOCATION MAP Z-8804 & S-8801 Hunter's Run Subdivision, Parts 4-9 ..... ..... City of Iowa City MEMORANDUM Date: February 25, 1988 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: Hunter's Run Subdivision, Parts 4-9. Cambria Court, Part 2. Cambria Court, Part 2. A revised preliminary and final plat of Cambria Court, Part 2, has been submitted by the applicant. The location of the six (6) inch water main on the east side of Cambria Court has been identified. The construction plans for the sanitary sewer have yet to be submitted. As soon as the plans are submitted and approved by the Public Works Department, all deficiencies noted in the February 18, 1988, staff report will have been resolved. The Commission need not defer considera- tion of the plat since the construction plans must be approved prior to Council action. Hunter's Run Subdivision, Parts 4-9. The February 18, 1988, staff report listed nine (9) deficiencies and discrepancies associated with the proposed amended preliminary plat. A revised plat was submitted to the Commission the night of the February 16, 1988, informal meeting which resolved most of these deficiencies. The Commission resolved that the large center island area of some cul-de-sacs was not a significant issue warranting a reduction in size. It was also the Commission's decision that the number of streets named "Hunter's" was acceptable and would not have to be changed. In a memorandum dated February 17, 1988, Rick Fosse of the Public Works Department indicated that overland drainage easements where the 100 -year excess flow will not be transported in the street still needed to be resolved, and added a new item that low flows be transported through the basin in a pipe to prevent the deposition of sediments and perpetually wet ground. The applicant has submitted revised preliminary plats correcting these last two deficiencies. bc3-1 4 t1 City of Iowa City MEMORANDUM DATE: February 17, 1988 TO: Barry Beagle, Planner FROM: Rick Fosse, Civil Engineer /0�� RE: Hunter's Run Preliminary Plat, Parts 4 - 9 All of the deficiencies reported to you on February 9th have been corrected except for providing overland drainage easement$ where the 100 year excess flow will not be transported in the street. In addition to the deficiencies listed on February 9th, we ask that low flows be transported through the basins in a pipe to prevent the deposition of sediments and perpetually wet ground. Ak RESOLUTION NO. 88-86 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SAI4UEL DRIVE SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Bruce Glasgow, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Samuel Drive Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same; and WHEREAS, the preliminary plat has been examined by tha Planning and Zoning Commission and, after due deliberation, said Commission has recommended that the plat be accepted and approved; and WHEREAS, said plat is found to conform with all of the requirements of the City Ordinances of the City of,Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Samuel Drive Subdivision is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law. It was moved by Courtney and ,seconded by Dickson the Resolution 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 3rd day of May 1988. ATTEST: Approved as to Form hlN— Y`l�• S s Legal Department 4 STAFF REPORT To: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8811. Samuel Drive Subdivision. Date: April 7, 1988 GENERAL INFORMATION: Applicant: Merlin Hamm Requested action: Purpose: Location: Site size: Existing land use and zoning: Existing improvements: Comprehensive Plan: Surrounding land use and zoning: Applicable regulations: File date: Time limitation: SPECIAL INFORMATION: Public utilities: Public services: 521 Whiting Avenue Iowa City, Iowa 52240 Phone: 351-3664 Owner: Bruce Glasgow Preliminary plat approval. To permit the development of a five -lot residential sub- division. 1 West of Oaklawn Avenue via extension of Samuel Drive. 1.9 acres. j d Undeveloped; RS -5. i None. i Residential, 2-8 DU/acre. y North - Undeveloped; RS -5. 3 South - Residential; RS -5. I East - Residential; RS -5. West - Undeveloped; RS -5. Provisions of the Zoning Ordinance and Subdivision Regulations. March 14, 1988. 45 -day: April 28, 1988. 60 -day: May 13, 1988. Adequate public water and sewer services are available. i Police and fire protection are available. Sanitation service will be provided by the City. i To Page 2 Transportation: Physical characteristics: ANALYSIS: Vehicular access is available from Oakl awn Avenue via extension of Samuel Drive, an existing platted street. The topography of the site is moderately sloping to very steep, ranging from 5-40%, and is heavily wooded. The applicant proposes to subdivide an approximate 1.9 acre portion of a seven (7) acre tract owned by Bruce Glasgow into five (5) residential lots. The site of the proposed subdivision is heavily wooded on a convex upper side slope with probable home location on slopes ranging from 9% to 40%. Access will be provided by the improvement of Samuel Drive, an existing platted street, approved with the subdivision of Whiting Addition, Part Three in 1957. Individual lots comply with the minimum dimensional requirements of the RS -5 Zone. The RS -5 zone sets a minimum lot width requirement of 60 feet as measured at the front yard line. Typically, lots which front on a cul-de-sac, have less than the required minimum lot width at the 20 foot front yard setback line. For such circumstances, the front yard line is considered that point on the lot where the minimum 60 foot lot width can be achieved. The adjusted front Yard line shows that point. Any houses placed on the lot must be set back on the lot behind this line. Subdivision Compliance: Except for some minor deficiencies and discrepancies, the preliminary plat is in substantial compliance with the requirements of the Regulations. A more thorough analysis Subdivision the proposed subdivision follows. of Transportation. Access to the proposed subdivision will be provided by the improvement of Samuel Drive, a platted 50-1`1 ot right-of-way extending approximately 150 feet west of Oaklawn Avenue. Samuel Drive was platted With the approval of Whiting Addition, Part Three in 1957, to provide access to the undeveloped land to the west. Samuel Drive has never been improved. The developer proposes to construct Samuel Drive as a cul-de-sac having a minimum pavement width of 25 feet as permitted in Section 32-54(c)(2)d., and terminating within the subdivision as a "hammer head" as opposed to a conventional circular turnaround. Due to topographical conditions on site and the limited number of lots served, the hammer head design is considered an acceptable alternative. The edge of the hammer head is a minimum of 11 feet inside the perimeter of the right-of-way to permit the installation of utilities and sufficient space for snow removal. Sidewal s. Typically, sidewalks are constructed on both sides of local thisetcase,Sisinceksthee sidewalksntwoi uI bserveutonly pfiver housesersWould threaten the survival of existing trees on the south side of Samuel Drive, �0TO Page 3 and would place an inequitable burden on abuttin staff recommends that the requirement for the provision of Samuel Drive be waived. 9 Property owners, the sidewalks on nchiwater 1 nee onservice northwill side provided Sa ueby Drive extension of fire hydrant located at the a six (6) protection needs of the west end of the linerwill kserveAvee - A Marshal. Sanitary sewer service swill tie has been a the fire eight (8) inch sewer provided b Pproved by the Fire Avenue. Due to topographic Oncthe ions side of Samuel the of an from each residence to the sewer line where fluent will Drive to Oaklawn flow to the sewer main in Oaklawn Avenue. it will be carriedybbe Pumped existing and proposed utility The location and width sof water mains and posedsanitaryy easements, as well as the layout of sewers conforms with current City standardsoposed Stouter Management. On-site stormwater detention is not re the total land area of the subdivision is less than twInceo 33-56. Stormwater runoff on Samuel Drive will be transported uby a Pipe from a storm inlet at the West end of the street to the (basecofsthe slope within the subdivision . Flow velocities at the lower end of the could lead to serious erosion due to the slope of the hill. reflects that measures approved b Pipe employed to prevent erosion. y the Public Works Department plat partment will be nature Environmental Concerns. The plat does not reveal the removedoastaeresult of develnor doeso t show the extent of tree cover that will be heavily wooded 40%, the Urban Environment Policies addenth d me tolO es Plan Update recognizes the P ranging from 25% to "Environmentally steeply the 1983 Comprehensive exercised when considering Area e P y wooded site as part sof hould As such, extra precaution should be an ment of such an area. "As the vegetativeest vcove risthe diuse and by ment, new drainage patterns develop develop - neighboring private and public P which may result in the erosion developf affecting water quality," Property and cause downstream siltation requires the development of astable d ainageThe asystemtioBoth and Public works Department steep slopes adequately address this issue are aware of these concernsthandpplicant talion control plans after with the submission of erasion and seshould preliminary plat approval. Economic Impact: Although rollbacks of assessed values and tax levies change to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivisions Given the value of existing residential developments in the immediate area Of the proposed subdivision, the assessed value of each lot residential dwelling, is estimated to be $64,600. includin9 a For tax purposes, the value of the residential uses within this tax year are rolled back to 77.3604% of their assessed values. The Cit imposed upon a residential ue a i jot 1n a tCity is $11-54919/$1,000 TheC assessed valuation. AssumingY tax levy developed and that the proposed subdvion is amount ed tax due on that property has an assessed value of $64,600, the Property thls year would be approximately $577. Page 4 If the five lots within the development were developed today, the City would realize an annual increase in the tax base of approximately $2,885. While no direct construction costs to the City are required for this subdivision, indirect costs such as garbage pickup, maintenance of streets and municipal utilities, and police and fire protection are incurred. This subdivision is not expected, however, to impact the City's financial ability to provide municipal services. i STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Samuel Drive Subdivision be approved with the provision of sidewalks on Samuel Drive waived. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: Donald c meiser, Director Department of Planning and Program Development s U a�, ►moi id RESOLUTION N0, 88-87 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF WASHINGTON PARK ADDITION, PART TEN, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Frank Boyd, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Washington Park Addition, Part Ten; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and, after due deliberation, the Commission recommended that the plats be accepted and approved; and WHEREAS, said preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plats of Washington Park Addition, Part Ten, are hereby approved. j 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law. It was moved by Dickson and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco — X Courtney —X Dickson — X Horowitz X Larson --s— McDonald -X— Strait Passed and approved this 3rd day of May 1988. CORPORAI'E SEAL ATTEST: CIT CLERK V-11002 ?ASE 377 Approved as to Form Legal Department . .. ,i d -! (DL4 I CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON Si. IOWA CITY, IOWA 52240 (319)356-500D STATE OF IOWA ) SS JOMSON COUNTY ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. gg U which was passed by the City Council of Iowa City, Iowa at a regular meeting held on theday of May 19_M_, all as the same appears of recor In my office. Dated at Iowa City, Iowa, this 4th day of May /May , 1988- ///o vs 2 7f • 7�efn� Marian K. Karr City Clerk CORPORATE SEAL p % 30 s�4 eeL 1002 NU 376 12101 FILED 1`10,_ 900464. ASE 88 MAY 17 PH 2 59 yj�%r:. " RECORDER j JOHNSON CO3.I1WA _ SUBDIVIDER'S AGREEMENT WASHINGTON PARK ADDITION, PART 10 IOWA CITY, IOWA THIS AGREEMENT, made by and between Frank Boyd and Mary Lucille Bovd, husband and wife, the subdivider and owner, here- inafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", W I T N E S S E T H 1. Consideration and Covenant. In consideration of the City approving the proposed subdi- vision known as Washington Park Addition, Part 10, Iowa City, Iowa, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in the subdivision unless and until all streets, water mains, storm sewers, and sanitary sewers have been installed and ac- cepted by the City, as required by the City of Iowa City, Iowa, under its current subdivision ordinance. Subdivider agrees that the portion of Green Mountain Drive, already dedicated to the City, now unpaved, and lying immediately adjacent to Lot 221 and a portion of Lot 222, shall be paved by Subdivider to City standards even though that previously dedicated street right-of-way is not within the boundaries of the subdivision. 2. Storm Water Management Ordinance Compliance and Covenant. In consideration of the City approving the Subdivider's storm water management plan, and under the applicable pro- visions of Iowa City Ordinance Number 76-2807, dated September 20, 1976, the Subdivider agrees as covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until the proposed storm water management facility, as shown on the final plat, has been completed according to plans and specifications approved by the City. 3. Construction of Improvements. All such improvements as required by this Agreement, in- cluding storm water management facilities and sidewalks, shall be constructed and installed by the Subdivider according to the plans and specifications of the City of Iowa Citv, Iowa, with inspections by the City Engineer or designate. Said in- spections shall consist of occasional inspection of the work in progress and an inspection upon the completion of the work, but shall not relieve or release the Subdivider from their respon- sibility to construct said improvements pursuant to said plans and specifications. 4. Sidewalks. Within one (1) year from the date of approval of the final plat of said subdivision, the Subdivider agrees to install sidewalks at least four (4) feet in width abutting said lots in said subdivision. 5. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, their assigns or snc•c-Pssors in interest, should de- sire a building permit on ar in said subdivision before the required improvements he— Leen installed, the Subdivider, their assigns or successors_. interest, shall deposit with the ' •'-1+�0'::�;E .178 (Dqq -2 - City Clerk in escrow an amount equal to the cost of said im- provement plus ten percent (10$) thereof as determined by the City Engineer's office of the City of Iowa City, Iowa, (herein- after the "Improvement Escrow"). In addition to the Improvement Escrow provided above, if subdivision erosion control measures have not been installed, with ground cover established by growth, the City may require as a condition to the construction of improvements within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 to cover the past or anticipedfu- ture cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider, its successors and assigns (hereafter the "Erosion Clean-up Escrow"). The unused balance of the Erosion Clean-up Escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. The Subdivider shall be responsible for the cost of such cleaning and to the extent that the Subdivider fails to accom- plish clean-up after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the Erosion Clean-up Escrow; provided that nothing herein shall be construed as requiring the City to do such clean-up. 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to this Subdivider's Agreement, the City in its discretion may require the Subdivider, their as- signs and successors in interest, to construct and install such improvements as required. 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the im- provements as stated in Section 1 and 2 have not been con- structed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of construction and installation of said improvements ex- ceed the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. 8. waiver. In the event Subdivider, their assigns or successors in interest, should sell or convey lots in said subdivision with- out having had constructed or installed streets, water mains, storm sewers, sanitary sewers and storm water management facil- ities; or the owners of the lots or their assigns or successors in interest in said subdivision should fail to construct side- walks, the City shall have the right to install and construct said improvements and sidewalks, and the cost thereof shall be a lien and charge against all the lots in said subdivision, except the cost of installing sidewalks shall be a lien and charge only against the lot or lots abutting or in front n" which sidewalks are installed. The cost of such work nem meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for public improvements. is further provided that this requirement to so fAnstruc' untilvproperlynreleasedlas hereinafterlprovideda lien f 'e -3- 9. Release. The Citv agrees when the improvements have been installed to the satisfaction of the Citv it will upon request promptly issue to the Subdivider, their assigns or successors in inter- est, for recording in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not con- stitute a cloud upon the title of the lots in said subdivision. 10. Successors and Assigns. This Agreement shall be binding upon the parties, their successors and assigns. DATED this Jykdav of 1988. • , 4'/ // U. :• CITY OF IOWA CITY, IOWA By - ohn McD nald, ayor Mart -an K. Karr, City Clerk STATE OF IOWA ) SS: CORPORATE SEAL JOHNSON COUNTY ) On this da of 1986 before me, the Y undersigned, a Notary Public n and for the State of Iowa, per- sonally appeared Frank Boyd and Mary Lucille Boyd, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. otary Public-1—nand for the State of Iowa.. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On thio day of Mav '1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appe.n.--ri John McDonald and Marian K. Karr, to me per- sonally kn.: being by me duly sworn, did say that they are the Ma nc. City Clerk, respectively, of said municipal 4' i t that corporation. --c%iting the within and foregoing ns rumen , o APP VED AS e F FY 1:O'<. N:aE junlE AL DEPARTMENT i -4 - the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. tory Public in and for the State of Iowa. 19/2-01-27 OT�1ofa:: � SFgI CONSENT OF OWNER WASHINGTON PARK ADDITION, PART 10 IOWA CITY, IOWA The undersigned, Frank Boyd and Mary Lucille Boyd, husband and wife, being the owners of the land included in Washington Park Addition, Part 10, Iowa City, Iowa, legally described as: Beginning at an Iron Pin on the EasterlV Right -of -Way Line of Green Mountain Drive, at the Northeast Corner of Washington Park Addition, Part 9, as Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County, Iowa Recorder's Office; Thence S89°30'00"E on a continuation of the North Line of said Part 9, 316.94 feet; Thence S0000213211E, 329.32 feet to an Iron Pin which marks the Northwest Corner of Lot 165, of Oakwoods Addition, Part 3, as Re- corded in Plat Book 8, at Page 61, of the Records of the Johnson County, Iowa Record- er's Office; Thence S00032'41"W, 500.08 feet along the West Line of said Part 3, to an Iron Pin which marks the Northeasterlv Corner of Arbor Hill - Phase Two, as Re -- corded in File 166G, Drawer No. 1, of the Records of the Johnson County, Iowa Record- i er's Office, said Corner being Recorded as being Northerly of the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, the following courses: N00"3310011E, 30.00 feet; Thence N00°29120"E, 606.06 feet; Thence N00°32141"E, 193.94 feet; all in accordance with the Final Plan of said Arbor Hill, Phase Two; Thence N69059119"W, along the Northerly line of said Arbor Hill, 371.75 feet to a Point on the Easterly Right -of - Way Line of Green Mountain Drive, in said Washington Park Addition, Part 9; Thence Northeasterly along said Right -of -Way Line, 163.56 feet, on a 430.00 foot radius curve concave Northwesterly, whose 162.58 foot chord bears N11023149"E; Thence N00°30'00"E along said Right-of-Wav Line, 545.58 feet to the Point of Beginning. Said tract of land contains 5.705 acres more or less and f is subject to easements and restrictions of record, acknowledge that the Subdivision as it appears on the plat of Washington Park Addition, Part 10, Iowa City, Iowa, and related documents, is with their free consent and in accordance with their desires. 1 '102 "'c ns^ -2 - DATED at Iowa City, Iowa, this ' j day of 4 ukz , 1988. �7— W STATE OF IOWA SS: JOHNSON COUNTY ) On this &A day of� 1988, before me, the undersigned, a Notary Public n and for the State of. Iowa, per- sonally appeared Frank Boyd and Mary Lucille Boyd, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. { 1 i Notary Public in and for the State of Iowa. 19/1-01-134 ' I 102 r„,E �g� SANITARY SEWER AND STORM SEWER AND DRAINAGE EASEMENT THIS AGREEMENT, made and entered into by and between Frank Boyd and Mary Lucille Boyd, husband and wife, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their successors in interest and as- signs, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such separate sanitary and storm sewage lines, i pipes, mains, and conduits as Second Partv shall from time to time elect for conveying sewage or storm water and all neces- sary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and { also a right of way, with right of ingress and egress thereto, over and across all the areas described as "20' Sanitary Sewer Esmt's" and/or 1120' Sanitary Sewer & Storm Sewer System Access I Easement" and/or "St. Sewer and Drainage Easement" as shown on the plat of Washington Park Addition, Part 10. i First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said lines to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or r. _nzerfere with the exercise of Second Party's rights hereundr•- in any manner. i (049 -z- 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Partv reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Partv does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this y_ day of , 1988. F—rdhk Boyd CITY OF IOWA CITY, IIOWA BY: LL AK & John McDonald, Mayor MA4 2 a ian K. Karr, City ClercK CORPORATE S STATE OF IOWA ) AL ) SS: JOHNSON COUNTY ) On this day of 1988, before me, the APP VED ASTO FORM L QAL DEPA ENT i -3 - undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared Frank Boyd and Mary Lucille Boyd, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. N vary Public in and for the tate of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5th day ofMay 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �&Y- Notary Pubiic in and for the State of Iowa. 19/1-01-133 �_L j�p� hdSE .jf�C IV044p14` UPAI 14 (Oqq i STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT, made and entered into by and between Frank Boyd and Mary Lucille Boyd, husband and wife, hereinafter re- ferred to as "Subdivider" and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable con- sideration, the receipt of which is hereby acknowledged by the Subdivider, the Subdivider hereby grants to the City an ease- ment for the purpose of operating and maintaining a storm water control structure and storm water storage area or otherwise known as a storm water detention basin over and across the storm water management easement area as shown on the Final Plat of Washington Park Addition, Part 10, a copy of which is at- tached hereto; however, construction, operation and maintenance of the storm water management basin is the responsibility of the property owners. Subdivider further grants to the City the following rights in connection with the above: 1. The right of ingress and egress thereto over (a) the 20 Ft. Sanitary Sewer 6 Storm Sewer System Access Easement shown on the plat and (b) from the nearest dedicated street right-of-way, over and across each lot in the subdivision. 2. The right to grade and regrade the area included within the storm water detention basin provided that the City shall promptly reseed any areas upon which such grading and regrading has been accomplished. 3. The right from time to time to trim and cut down and clear awav all trees and brush within said storm water de- tention basin which now or hereafter, in the opinion of the City, may interfere with the natural passage of the storm water through the storm water storage area, provided that any damage to the storm water storage area shall be promptly repaired by the City. 4. 2ubdivider and their successors and assigns re- serve thr 7ht to use the storm water detention basin area for 1(1:01 �; [ K 6 `t l a —2— any purpose which will not interfere with the City's full en- joyment of the rights herein granted; provided that the Subdi- vider or their successors in interest shall not erect or con- struct any buildings, fences, or other structures or ob- structions on said areas, or substantially add to the ground cover on said areas. 5. Subject to the easements rights granted the city, i owners of Lots 221, 222, 223, and 224, whether said lots be im- proved or unimproved, shall keep such lots free from weeds and debris and shall maintain the entire lot so as to minimize ero- sion in and around said control structure and storm water stor- age area. 6. The Subdivider does hereby covenant with the city that it is lawfully seized and possessed of the real estate f above described and that it has a good and lawful right to con- vey the same. 7. The provisions hereof shall inure 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. DATED this1988. ,� day of 61 Franc Boyd Mary oil a Boyd STATE OF IOWA ) SS: JOHNSON COUNTY ) on thisth day of , 1988, before me, the undersigned, a Notary Public n and for e State of Iowa, per- sonally appeared Frank Boyd and Mary Lucille Boyd, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 0. IfE ar Public in and for the State of Iowa. 02/46-01-87 -3 - CITY OF IOWA CITY, IOWA BY: ohn McDonald, Mayor BY: % 11SJ Marian x. xarr,City Clerk i • STATE OF IOWA CORPORATE SEAL SS: JOHNSON COUNTY ) On this 5th day of _ DIaY 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally the Mayor �and oCity 1Clerk,ng m say that the respece duly sworn, d respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of j said municipal corporation, and that the said John McDonald and if! Marian K. Karr acknowledged the execution of said instrument to ' be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Lw\ �/tea Yw`A-+V_c C ota y Public in and for:Oe . State of Iowa. 02/46-01-87 NpT�R� q� SFq� i APPR VED AS TO FORM /< N- 3'41 -Pb L GAL DEPARTMENT E 49 I FINAL PLAT WASHINGTON PARK ADDITION - PART 10 IOWA CITY, IOWA 1 oinl of Beginning S e9_°J_do0 E _ (_P9 69'30'00"E 316.94' r OWNEeisUBOMDER —_ 3d 3d t fRWAaWrlPfilE aOrD 1931-192191 I. e .;Aaaarfs7 I , ;$ 221 ' IOWA df1'1 IOWA I 1 I 1 Iom •. OWNERS ATTORNEY: I I l 0 1 sag -36 acs. DYalIg9f 77aR7 rr I ; ,°R I ]IZ7 ' 08 aWrA 07y, rOhM.i 10 222;4 .PUT PREiARED eY: —L. 10 WAS Osata3Wrm be -COLUMBIA o' _ AI = sag°3 ee NWr1WOT . 718.1 w/ WA On A7WA ORIVE I __ 212I-90 I 0 1 ERROR OF CLOSURE .LESS THAN 11020,000 ' I I 1 = 319.26 F WI n imp 224 n'0. 60 ...HIO .•.. .'t00 300 T- 109 I & n I - 3B9°30'00" hr, 100` ORAP«C SCALE IN FEET I o 2 io PARA a I' 225 111 •R'PLAT .A/OR PLAN APPROVED yBY. • .., �NG10N I 1-1 W IS 1 1 1 •:'y.•.; TBO CITT OF IOWA CITY'. WA H• N"—'-� = 0 1 1 ° ._.__..... '. APPART 9 198 I o i s 99°3o'oo"E 1 1 1 319.98' / ` r Lu . Z ;8 ,228 '�w Y i S MER S RO ED'B ' 161h , lie.3dOdE 128.26' '.71991•.. I I ' R1I3000'" .w R 6s8 4132 � 7�7� 10-SAI I L, 5022. I�' R.1703.ti0z0d' a22 7/7/ • E; / ata RR43Ch, °'2114T3'7; CnB.N"E'- 56' e2Ia'29- 324.9 rru u«nuua '8a8'NII°234 E / bq5 Od05"• /% ; CM113.01' IB ] I Ch9- NII°04'$"El �/. :.. ..; 5 :..,;L�... o• \` /228 Y jliteoy, cerA{fy, that, wring the month of \ , f /0. • IYicR)�; 1y00, • at the,•direction of Frank / p6 9° � j {.0o5pe 1,','I � • sbodivided , a the t' • of land 3g• �ORM ;alatted. Ner+on'Into lots'as shown,. and that IM fo'u4dAar ./911• .. the.todmariee-of the tract, -hereinafter to i MACCER CASEMENT tkl nown at WASHINGTON PARK ,ADDITION, PART 10:k' .', am more particularly ascribed as OF HILLTlVO yro�Tow s: ARB PHASE ti' o 166 .... 0 \ before res this•_ day of d o 8 169 Notary Ptraul lo, in and fee the State of Iowa o. 0- W 160 Recorded •'in Plat Book 6, at, Pape 61,. of the Records of the Johnson County; Iowa Recorder's w3 :-Office; Tnemdi 500'3241"W, • $00.00 feat along the Nest Line of sold Part 3, to an Iron Pin n II- 8 '.•WhiCh marks the Northessterly Corner of Arbor Hill - Phase Two, as Recorded 1n File 1666, of Q 1600 �z. Driwer No, 1;•i of the Records of the Johnson County, Iowa Recorder's Office, said Corner Wing n 0 N 0 3I Ratwds*: af. Ening Northerly, of the Southeast Corner of the Northeast Quarter of ted' Southwest • `O Guerter.r-of 9aeticn 12,,.TOknship 79 North, Range 6 West of the F1fth.Primipll.. Meridian, the 163 follwinp oourseal N00'33'00"!,•30.00 feet;'Thanoe NOO'29'20"E; 606.06 fast; Thence N00°3241"E,: 356 193.96 feet;. ell* in m000rdanci, with, the Final Plan of said Arbor Hill, Phase Two; Thence • N69'69'19 "W; along. the Northerly line of said Arbor Hill, 371.75 feet to a Point an'the Easterly .., a Right -of -Way 'Lim of Green Mountain Drive, in solos Washington Park Addition, Part 9; Thence v Northeasterly along said Right -of -Wry Lima 163.56 feat, on a 430.00 foot radius curve, concave m n rNi 0 O 62 • of -Way Lim, 545.55 feet to the Point of Beginning. Said tract of land contains 5.705 acres m O P N more w loss and is subject to easements and restrictions of record.— (J?$ rrj.: Zk 61 5uWiv11sion and that all corners am marked survey am that all corners are marked is indicated.., BeginMng at . an Iron Pin on the Easterly Right -of -Way Line of Green Mountain Drive, at the •. .... Northeast Corner of Washington Park Addition, Part 9, as Recorded 1n Plat Book 14, at Pape 100, n before res this•_ day of the ' Records of the Johnson County, Iowa Recorder's Office: theme $09'30'00"E on a •;continuation of the North Line of said Pert 9, 316.94 feet; Thence 500.02'32"E, 329.32 fast to —_ __-S 6 Notary Ptraul lo, in and fee the State of Iowa % an Iron' Pin which marks the Northwest Corner of Lot 163, of Oekwoods Addition, Part 3, as - W 160 Recorded •'in Plat Book 6, at, Pape 61,. of the Records of the Johnson County; Iowa Recorder's w3 :-Office; Tnemdi 500'3241"W, • $00.00 feat along the Nest Line of sold Part 3, to an Iron Pin n II- '.•WhiCh marks the Northessterly Corner of Arbor Hill - Phase Two, as Recorded 1n File 1666, of �.• �z. Driwer No, 1;•i of the Records of the Johnson County, Iowa Recorder's Office, said Corner Wing i 159 Ratwds*: af. Ening Northerly, of the Southeast Corner of the Northeast Quarter of ted' Southwest 1_ bee f30, Name afar (Ell ,.tom Guerter.r-of 9aeticn 12,,.TOknship 79 North, Range 6 West of the F1fth.Primipll.. Meridian, the - follwinp oourseal N00'33'00"!,•30.00 feet;'Thanoe NOO'29'20"E; 606.06 fast; Thence N00°3241"E,: 356 193.96 feet;. ell* in m000rdanci, with, the Final Plan of said Arbor Hill, Phase Two; Thence • N69'69'19 "W; along. the Northerly line of said Arbor Hill, 371.75 feet to a Point an'the Easterly .., a Right -of -Way 'Lim of Green Mountain Drive, in solos Washington Park Addition, Part 9; Thence 16 Northeasterly along said Right -of -Wry Lima 163.56 feat, on a 430.00 foot radius curve, concave m Nwthwastsu ly, 'whose 162.50 foot chord Wars N11'23'49"E; Thence N00'30'00"E along sold Right- I---- • of -Way Lim, 545.55 feet to the Point of Beginning. Said tract of land contains 5.705 acres .r'ni.:{IDWA.CffYi10M'A• r~I •. more w loss and is subject to easements and restrictions of record.— (J?$ rrj.: Ifurther•. certify that the Plat as shown horeon is an accurate representation of said ; I 5uWiv11sion and that all corners am marked survey am that all corners are marked is indicated.., 152 ool .Robert•D. Mickelson Reg. No. 7036 . Date • •. .... Y445HWGTON ou .Subscribed. to •m sworn before res this•_ day of �D , ,19_ STREET "I see/ .... .. —_ __-S 6 Notary Ptraul lo, in and fee the State of Iowa °t idi w3 EFywr", "' FINAL LAT MMS CONSULTANTS, INC. �/ o! �.• $Rm. .P. M bee f30, Name afar (Ell ,.tom w(1 N INGTON. IlAk ADDITION PART' 10 « .., a R.Rr n, al...e of .r'ni.:{IDWA.CffYi10M'A• r~I •. (J?$ rrj.: •,+-'/ a:.L 1r:0r I'niE jlu0 &09 i 1 -. CLERK'S CERTIFICATE. I, Edward F. Steinbrech, hereby certify that I am Clerk of the District Court of Johnson County, Iowa, and that the prop- erty described as follows, to -wit: Beginning at an Iron Pin on the Easterlv Right-of-Wav Line of Green Mountain Drive, at the Northeast Corner of Washington Park Addition, Part 9, as Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County, Iowa Recorder's Office; Thence S89030100"E on a continuation of the North Line of said Part 9, 316.94 feet; Thence S00002132"E, 329.32 feet to an Iron Pin which marks the Northwest Corner of Lot 165, of Oakwoods Addition, Part 3, as Re- corded in Plat Book 8, at Page 61, of the Records of the Johnson County, Iowa Record- er's Office; Thence S00032141"W, 500.08 feet along the West Line of said Part 3, to an Iron Pin which marks the Northeasterlv Corner of Arbor Hill - Phase Two, as Re- corded in File 166G, Drawer No. 1, of the Records of the Johnson County, Iowa Record- er's Office, said Corner being Recorded as being Northerly of the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, the following courses: N00033100"E, 30.00 feet; Thence N00°29120"E, 606.06 feet; Thence N00032'41"E, 193.94 feet; all in accordance with the Final Plan of said Arbor Hill, Phase Two; Thence N69059119"W, along the Northerly line of said Arbor Hill, 371.75 feet to a Point on the Easterly Right -of - Way Line of Green Mountain Drive, in said Washington Park Addition, Part 9; Thence Northeasterly along said Right -of -Way Line, 163.56 feet, on a 430.00 foot radius curve concave Northwesterly, whose 162.58 foot chord bears N11023149"E.; Thence N00030100"E along said Right -of -Way Line, 545.58 feet to the Point of Beginning. Said tract of land contains 5.705 acres more or less and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Washington Park Addition, Part 10, Iowa City, Iowa, is free from all judgments, attachments, mechanic's or other liens as appear in the records of my office. /� /1 DATED at Iowa City, Iowa, this ' day of C441x_, , 1988. EDW: STEINBRECH, Clerk or District Court in and for -on County; Iowa. 19/1-01-130 1 CERTIFICATE OF COUNTY TREASURER I, Cletus R. Redlinger, hereby certify that I am the Coun- tv Treasurer of Johnson County, Iowa, and that the property de- scribed as follows, to -wit: Beginning at an Iron Pin on the Easterly Right-of-way Line of Green Mountain Drive, at the Northeast Corner of Washington Park Addition, Part 9, as Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County, Iowa Recorder's Office; Thence S89030100"E on a continuation of the North Line of said Part 9, 316.94 feet; Thence S00002'32"E, 329.32 feet to an Iron Pin which marks the Northwest Corner of Lot 165, of Oakwoods Addition, Part 3, as Re- corded in Plat Book 8, at Page 61, of the Records of the Johnson County, Iowa Record- er's Office; Thence S00°32'41"W, 500.08 feet along the West Line of said Part 3, to an Iron Pin which marks the Northeasterly Corner of Arbor Hill - Phase Two, as Re- corded in File 166G, Drawer No. 1, of the Records of the Johnson County, Iowa Record- er's Office., said Corner being Recorded as being Northerly of the Southeast Corner of the Northeast Quarter of the Southwest Quarter. of. Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, the following courses: N00°33100"E, 30.00 feet; Thence N00029120"E, 606.06 feet; Thence N00°32141"E, 193.94 feet; all in accordance with the Final Plan of said Arbor Hill, Phase Two; Thence N6905911911W, along the Northerly line of said Arbor Hill, 371.75 feet to a Point on the Easterly Right -of - Way Line of Green Mountain Drive, in said Washington Park Addition, Part 9; Thence Northeasterly along said Right -of -Way Line, 163.56 feet, on a 430.00 foot radius curve concave Northwesterly, whose 162.58 foot chord bears N11023140E; Thence N00030'00"E along said Right-of-Wav Line, 545.58 feet to the Point of Beginning. Said tract of land contains 5.705 acres more or less and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Washington Park Addition, Part 10, Iowa City, Iowa, is free from taxes. DATED at Iowa City, Iowa, this ,lid day of C Lc.•% , 1988. 19/1-01-132 CLETUS R. RE DLINGER, rrreasurer Johnson County, Iowa. •'' s j �OL19 CRPTIFICATF. OF RECORDER WASHINGTON PARK ADDITION, PART 10 IOWA CITY, IOWA I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: Beginninq at an Iron Pin on the Easterly Right -of -Way Line of Green Mountain Drive, at the Northeast Corner of Washington Park Addition, Part 9, as Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County, Iowa Recorder's Office; Thence S8903000"E on a continuation of the North Line of said Part 9, 316.94 feet; Thence S00002132"E, 329.32 feet to an Iron Pin which marks the Northwest Corner of Lot 165, of Oakwoods Addition, Part 3, as Re- corded in Plat Book 8, at Page 61, of the Records of the Johnson County, Iowa Record - Pr's Office; Thence S00032'41"W, 500.08 feet along the West Line of said Part 3, to j an Iron Pin which marks the Northeasterlv fI Corner of Arbor Hill - Phase Two, as Re- corded in File 166G, Drawer No. 1, of the 1 Records of the Johnson County, Iowa Record- er's Office, said Corner being Recorded as being Northerly of the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, the following courses: N00°33'00"E, 30.00 feet; Thence N00°29120"E, 606.06 feet; Thence i N00°32'41"E, 193.94 feet; all in accordance with the Final Plan of said Arbor Hill, Phase Two; Thence N69°59'1.9"W, along the Northerly line of said Arbor Hill, 371.75 feet to a Point on the Easterly Right-of-Wav Line of Green Mountain Drive, in said Washington Park Addition, Part 9; Thence Northeasterly along said Right -of - Way Line, 163.56 feet, on a 930.00 foot radius curve concave Northwesterly, whose 162.58 foot chord bears N11023149"E; Thence N0003010011E along said Right-of-Wav Line, 545.58 feet to the Point of Beginning. Said tract of land contains 5.705 acres more or less and is subject to easements and restrictions of record. and shown on the attached plat, and known and designated as Washinqton Park Addition, Part 10, Iowa City, Iowa, is in Frank Boyd and Mary Lucille Bovd, husband and wife, and that it is free from encumbrances. DATED at Iowa City, Iowa, this �'X day of 1988. = ^_ John E. 0'Ne l ,i Johnson Countv ;eco rl=- 19/1-01-131 1f:0: >A:E ;9:? ATTORNEY'S TITLE OPINION WASHINGTON PARK ADDITION, PART 10 IOWA CITY, IOWA I, John D. Cruise, hereby certify that I am a practicing attorney at law of Iowa City, Iowa; that I have examined the abstract of title to the property described as follows, to -wit: Beginninq at an Iron Pin on the Easterly Right -of -Way Line of Green Mountain Drive, at the Northeast Corner of Washington Park Addition, Part 9, as Recorded in Plat Book 14, at Page 100, of the Records of the Johnson County, Iowa Recorder's Office; Thence S8903010011E on a continuation of the North Line of said Part 9, 316.94 feet; Thence S00002132"E, 329.32 feet to an Iron Pin which marks the Northwest Corner of Lot 165, of. Oakwoods Addition, Part 3, as Re- corded in Plat Book 8, at Page 61, of the Records of the Johnson County, Iowa Record- er's Office; Thence S00032141"W, 500.08 feet along the West Line of said Part 3, to an Iron Pin which marks the Northeasterly Corner of Arbor Hill - Phase Two, as Re- corded in File 166G, Drawer No. 1, of the Records of the Johnson County, Iowa Record- er's Office, said Corner being Recorded as being Northerly of the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian, the following courses: N00°33'00"E, 30,00 feet; Thence N00°29120"E, 606.06 feet; Thence N00°32141"E, 193.94 feet; all in accordance with the Final Plan of said Arbor Hill, Phase Two; Thence N69059119"W, along the Northerly line of said Arbor Hill, 371,75 feet to a Point on the Easterly Right -of - Way Line of Green Mountain Drive, in said Washington Park Addition, Part 9; Thence Northeasterly along said Right -of -Way Line, i 163.56 feet, on a 430.00 foot radius curve concave Northwesterly, whose 162.58 foot chord bears N11023'49"E; Thence N00030'00"E along said Right -of -Way Line, 545.58 feet to the Point of Beginning. Said tract of land contains 5.705 acres more or less and is subject to easements and restrictions of record, and that the legal title to said property is in Frank Boyd and Mary Lucille Boyd, husband and wife and that said property is free from all encumbrances. DATED at Iowa City, Iowa, this �day of 1988. V ?JaOHN D. CRUISE 19/1-01-129 :'! ��%�? t�';! 1�•; �� I 0 City of lows City MEMORANDUM Date: April 15, 1988 To: Planning & Zoning Commission From: Barry Beagle, Associate Planner Re: 5-8812. Washington Park Addition, Part 10 At the April 5, 1988, Commission meeting, the preliminary and final plats for Washington Park Addition, Part 10 were deferred to resolve responsibility for the paved extension of Green Mountain Drive. As the Commission will recall, the right-of-way of Green Mountain Drive was dedicated with the approval of Washington Park Addition, Part 9 in 1976. The pavement, however, ends just north of the intersection with Columbia Drive, approximately 100 feet south of its northern right-of-way limit. The applicant had proposed that the proposed street extension be installed by the City by special assessment with the cost being assessed against the owners of Lots 221 and 222, and the owner of Lot 191 in Part 9. John Cruise, applicant's attorney, indicated that an assessment waiver and escrow account was set up for the owner of Lot 191 in Part 9 to cover the costs associated with an assessment project for the future extension of the street. However, Mr. Cruise has been unable to find evidence of either an assessment waiver or escrow account. In a phone conversation with Mr. Cruise on April 15, the applicant now proposes to extend Green Mountain Drive at his expense and will be submitting a letter to that effect and a revised Subdivider's Agreement. Provided the applicant submits a letter stating that they assume the cost for the street extension, and a revised Subdivider's Agreement is received and approved by legal, staff recommends the preliminary and final plats be approved. bj/pc2 ��9 STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Item: 5-8812. Washington Park Addition, Date: April 7, 1988 Part 10 GENERAL INFORMATION Applicant: Frank & Mary Lucille Boyd Requested action: Purpose: Location: Size: Existing land use and zoning: Comprehensive Plan: Surrounding land use and zoning: Applicable regulations: File date: Limitation period: SPECIAL INFORMATION Public utilities: P.O. Box 187 Iowa City, Iowa 52240 Phone: 351-3232 Preliminary and final plat ap- proval. To permit the development of an eight (8) residential lot subdi- vision. East of Green Mountain Drive and north of Arbor Hill Condominiums. 5.705 acres Undeveloped; RS -5, Low Density Single -Family Residential. Zone. Residential; 2-8 du/a North - Undeveloped; RS -5. South - Residential; PDH -8. East - Residential and undevel- oped; RS -5. West - Residential; RS -5. Provisions of the Zoning Ordi- nance, Subdivision Regulations, and Stormwater Management Ordi- nance. March 15, 1988 45 -Day: April 29, 1988 60 -Day: May 16, 1988 Adequate water and sewer capacity is available. 1 2 Public services: Transportation: Physical characteristics: ANALYSIS Police and fire protection, including sanitation service, will be provided by the City. Access and frontage will be pro- vided by Green Mountain Drive. The site is gently sloping, draining to the east. A dense stand of timber comprises the eastern portion of the site. No portion of the site is subject to flooding. The applicants are requesting approval of preliminary and final plats to sub- divide a 5.705 acre parcel into eight (8) residential lots known as Washing- ton Park Addition, Part 10. The proposed minor subdivision does not include additional dedication of right-of-way with each lot having direct frontage on Green Mountain Drive. Green Mountain Drive, a local two-lane public street, was approved with the subdivision of Washington Park Addition, Part 9 in 1976. The proposed lots comply with the minimum dimensional requirements of the RS -5 zone with the smallest lot being approximately 25,360 square feet in size. Both the preliminary and final plats are in substantial compliance with the design standards of the Subdivision Regulations. Specific technical defi- ciencies and concerns of staff are discussed below. Transportation. The paved portion of Green Mountain Drive currently ends at a point just north of the Columbia Drive intersection. To provide access to Lot 221, the preliminary plat indicates that the 28 -foot wide pavement will be extended to the northern right-of-way limit of Green Mountain Drive as originally platted. It is anticipated that Green Mountain Drive will eventu- ally be extended to the north. In the interim time, a barricade should be erected at the end of the new paving and shown on the preliminary plat and construction plans. Construction plans have been submitted and will need to be approved by the Public Works Department prior to final plat approval. Sanitary Sewer. The preliminary plat identifies an eight (8) inch VCP sanitary sewer extending through the eastern portion of the subdivision and connecting with an existing sanitary sewer in Oakes Wood Addition, Part 3 to the east. A sanitary sewer is not available in Green Mountain Drive, leading to this unusual situation. The layout of the proposed sewer has been found acceptable by the Public Works Department and allows for sufficient building area on each lot. The sanitary sewer is accessible for maintenance and repairs from a 20 foot access easement extending along the south lot line of Lot 228 from Green Mountain Drive. The sanitary sewer itself and correspond- ing sanitary sewer easement and width need to be identified on the prelimi- nary plat. 3 Stormwater Management. Compliance with the Stormwater Management Ordinance is required for this development. A stormwater detention basin is located in the northeast corner of the subdivision bounded by a stormwater management easement. The southern boundary of the easement needs to be clearly identi- fied on the preliminary plat. Stormwater calculations and erosion control plans have been submitted and are currently under review by the Public Works Department and will need to be approved prior to final plat approval. Legal Papers. The legal papers for the subdivision have been submitted and t are currently under review by the legal staff. Economic Impact: Although roll backs of assessed values and tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivision. Given the value of existing residential development in the immediate area of the pro- posed subdivision, including a residential dwelling, a residence is estimated to be $100,648. For tax purposes, the value of the residential uses within this tax year are rolled back to 77.3604% of their assessed values. The City tax levy pres- ently imposed on a residential use is 11.54919 dollars/1000 dollars of as- sessed valuation. Assuming a lot in the proposed subdivision is developed and that the property has an assessed value of $100,648, the amount of tax due on that property this year would be approximately $899. If the 8 lots within this subdivision were developed today, the City would realize an annual increase in the tax base of approximately $7,192. While no direct construction costs to the City are required with this subdi- vision, indirect costs such as garbage pickup, maintenance of streets and municipal utilities, and police and fire protection are incurred. This subdivision is not expected, however, to impact the City's financial ability to provide municipal services. STAFF RECOMMENDATION Staff recommends that the preliminary and final plats of Washington Park Addition, Part 10 be deferred, but upon resolution of the deficiencies and discrepancies listed below, the plats be approved. DEFICIENCIES AND DISCREPANCIES 1. The outlet pipe of the stormwater management basin needs to be tied to the existing storm sewer system with manhole connection. 2. Prior to final plat approval, the construction plans, stormwater manage- ment calculations and erosion control plans need to be approved. 3. Preliminary plat: a. Identify the sanitary sewer and sanitary sewer easement including easement width. 449 i 4 b. Indicate on the plat, and construction plans, a barricade at the north boundary of Green Mountain Drive. C. Identify the southern boundary of the stormwater management ease- ment. d. Identify the manhole connection of the outlet pipe with the existing storm sewer system to the east. ATTACHMENTS 1. Location Map. 2. Preliminary Plat of Washington Park Addition, Part 10. 3. Final plat of Washington Park Addit' Part 10. 7 Approved by: D nal Schmeiser, Director Department of Planning and Program Development so W ��nt■u■m��tu�I, A p1 anti IJ:q Y9 Aa'1 MINUTES PLANNING & ZONING COMMISSION - INFORMAL MEETING MONDAY, APRIL 4, 1988 - 7:30 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Clark, Cook, Dierks, Hebert, Scott MEMBERS ABSENT: Cooper, Wallace STAFF PRESENT: Moen, Franklin, Reggentin CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. PLANNING & ZONING COMMISSION INFORMATION: No information was presented. REVIEW OF MARCH 17, 1988, MINUTES: Scott asked if any changes were necessary. No changes were recommended. ZONING ITEMS: Discussion of an amendment to the 1983 Comprehensive Plan Update to change the land use classification of property south of Willow Creek and at the intersection of Walden Road and Mormon Trek Boulevard from Residential at a density of 2-8 dwelling units per acre to Residential at a density of 8-16 dwelling units per acre. Z-8806. Discussion of an application submitted by Jeffrey Wright Develop- ment for the rezoning of 3.7 acres at the intersection of Walden Road and Norman Trek Boulevard from RS -8 to RM -12. (45 -day ,limitation period: April 21, 1988.) S-8809. Discussion of a request submitted by Braverman Development Coo- ping for approval of a preliminary and final subdivision plat, Planned Development Housing plan and Large Scale Residential Development plan of Walden Wood, Part 2, located in the southwest quadrant of the intersection of Walden Road and Moron Trek Boulevard. 45 -day limitation period: May 2,190.) Since these items are interrelated, Scott suggested they be discussed together. Franklin reminded the Commission that the rezoning issue related to this request was discussed at the last Planning & Zoning Commission meeting. She stated the Comprehensive Plan amendment is needed to .establish the appropriate land use designation consistent with the rezoning. She stated the extent of the Comprehensive Plan amendment includes acreage for the proposed retirement residence as. well as for a portion of the existing Walden Ridge development. The land use designation of approximately 15 acres would be affected. 4 so Planning b Zoning Commission April 4, 1988 Page 2 Dierks asked what the extra land shown on the map included. Franklin stated it is appropriate to include the Walden Ridge development since the density of this development is consistent with the land use density pro- posed. She stated the subdivision and planned development deficiencies include approval of legal papers and demonstration on the LSRD plan of compliance with the tree requirements. She stated that staff recommends approval of this proposal. Scott stated the lot shape had changed to include more land. Franklin stated that the acreage was increased, thereby resulting in the density being less since the same number of units are proposed on a greater land area. DEVELOPMENT ITEMS: S-8727. Discussion of a request submitted by Merlin Hamm for approval of the preliminary plat of Nottingham Place, a 29 -lot, single-family residen- tial subdivision located north of Whiting Avenue and east of Ridge Road. (45 -day limitation period: waived.) Moen stated this is a proposal for preliminary subdivision plat approval on a steeply sloped and heavily wooded tract. The tract is a total of 18 acres in size. The developer proposes to subdivide the eastern 12.6 acres j of the subdivision into 29 single-family residential lots. Access to the subdivision is proposed via an extension of Wildwood Drive which intersects with Whiting Avenue. No means of secondary access is proposed at this time. Moen continued by stating that the western part of the tract is designated an outlot; a secondary means of access will be estab- lished when the western area is developed. The plat notes that no build- ing permits are to be issued for this western area until that portion is further subdivided. Hebert asked if Virginia Drive could be extended. Moen stated the devel- oper considered this option and decided the grade was too steep. He also wanted a more reliable means of secondary access. Moen added that using Virginia Drive as secondary access versus Foster Road would encourage more people to use Ridge Road. Scott inquired about the Public Works design standards. Moen stated the Erosion and Sedimentation Control provisions of the Public Works Design Standards are designed to alleviate erosion. She stated the developer must address erosion problems within the development in the context of those provisions. She continued by stating that the developer must demon- strate, that the erosion control methods chosen for a particular subdivi- sion are viable means of controlling erosion and sedimentation. Scott asked Farmer what could be done to control erosion. Farmer stated that silt screens could be placed on ravines that are disturbed. He said these must be removed when the development is complete. Scott asked Boyle if the subdivider's agreement has been written to include this requirement. Boyle stated this may not be necessary since compliance with the Public Works Design Standards is mandatory. 45V Planning 3 Zoning Commission April 4, 1988 Page 3 Cook asked about the status of Foster Road for secondary access. Franklin stated that property owners north of Nottingham Place will be responsible for construction of this road. Its construction is, therefore, dependent upon the rate at which this intervening property is developed by the private sector. Moen stated that, consistent with the City's position on secondary access, secondary access is not required with the proposed development of 29 lots within Nottingham Place. Scott asked Boyle what the Planning and Zoning Commission would have to do if there was a desire to defer consideration of this plat until environ- mental regulations were adopted by Council. This subdivision could then be evaluated in the context of those regulations. Boyle stated the best option would be to recommend denial. Alternatively, Boyle stated the Commission could recommend a development moratorium until these regula- tions were adopted. Boyle reminded the Commission that when a subdivision satisfies all present standards, it should be approved. Cook asked if there was a compromise so that the Planning and Zoning Commission could take environmental impacts into consideration. Boyle stated that the Commission could ask Council to put a moratorium on devel- opment in the area until such time as environmental regulations are adopted; that would be the only option. Dierks stated she was concerned about present homeowners in the area and the effect of the proposed development on those properties. She felt she didn't want other proper- ties adversely affected to the extent that subsidence occurred on cur- rently developed properties. She stated that if the property was disturbed on the west side of the tract, there would be substantial ero- sion problems to the present homeowner's property. Scott expressed Commission frustration with the inability to evaluate the environmental issues surrounding development. He favors the ability to have more input on this topic. Until environmental regulations are in place, however, the Commission is not authorized to make those evalua- tions. In the context of existing regulations, he felt there is no sig- nificant problem with this development. He stated what concerns him is the Soil Conservation Service's report on the erodibility of the soil in the area. He said there were good reasons for deferring this request. He felt that the. time it would take, however, to identify environmentally sensitive areas in the City could be a problem. Franklin stated that much preliminary work has already been done regarding environmental issues in Iowa City with the work of the Urban Environment Ad Hoc Committee. She stated the problem is designating borders to areas because the environ- mentally sensitive areas do not necessarily coincide with property lines. Cook felt there should be a line between protecting environmentally sensi- tive areas and restricting in -fill development. Clark stated the Commis- sion should be aware of the process involved with the designation of environmentally sensitive areas. Dierks asked if a new zone could be jdeveloped to protect environmentally sensitive areas. Franklin stated that an environmental policy was already in the Comprehensive Plan. She stated now is the time to implement the policy via the Zoning Ordinance or Subdi- vision Regulations. G 50 Planning 3 Zoning Commission April 4, 1988 Page 4 Cook asked if the analysis associated with identification of environ- mentally sensitive areas was done by someone who knows something about environmental issues, such as architects and engineers. He felt this evaluation should be done by more than Planning and Zoning Commissioners and the Planning Department. Clark stated that the requirements should be placed on the new developments and not existing developments. He stated that he felt existing developments should have to follow environmental regulations only in instances where owners wanted to build onto existing structures. Scott stated that, when the Commission considered this topic, Commission decided that it would not be necessary for existing or new single/multi-family development on already platted lots to follow the ` environmental requirements unless they were part of a planned development or large scale development. Council took the position that the regula- tions should apply to new subdivisions, large scale developments, planned developments, and multi -family dwellings. Dierks asked if anyone had spoken to the developer about delaying this application. Hamm stated he would like to develop as soon as possible. He stated he was very concerned with the environment and is also trying to build around the environment. Hebert asked if the area is essentially different from other developed land in the immediate area. Hamm stated that the area is basically one solid hill with steep ravines; the terrain flattens out on the top side of the hill. Cook felt deferral was necessary so the public that signed the petition could be heard. Dierks felt that, since the slopes were so steep, further study was needed. Scott stated public discussion of item S-8727 will occur on Thursday but Commission consideration will be deferred until the April 21, 1988, meet- ing to give time to consider this item. S-8807. Discussion of a request submitted by Jim Glasgow for preliminary plat approval of a 68 lot, 20.8 acre residential subdivision known as Idyllwild Subdivision. (45 -day limitation period: April 11, 1988.) Franklin reminded the Commissioners of a memorandum sent to them. This memorandum identified two subdivision deficiencies; one regarded identifi- cation of an existing two-inch gas line. The other was to change the name of Wildwood Street to another name since Wildwood Drive already exists. She continued by saying that Frank Farmer was present to address floodway questions. She stated that Commissioners received a packet from Mrs. Van Allen. The packet includes information on flooding in the area. Scott asked if improvements to Taft Speedway would bring it to one and a half feet below flood elevation and if the City allows one and a half feet of water in the streets. Farmer stated that the fact that people in the area don't want the street elevated any higher would be taken into consid- eration in the design. He stated that to maintain sufficient slopes for proper drainage, some of the road would have to be elevated. Scott asked if improvement on the east end near Dubuque Street would leave Taft Speed- way at the same elevation. Farmer said that Dubuque Street could remain the same; the slope of Taft Speedway would vary one half percent. Scott ,� 50 Planning . Zoning Commission April 4, 1988 Page 5 asked what the grade of Idyllwild would be and whether the grade of Taft Speedway between Idyllwild and Calibria would be the same. Farmer stated that it would remain the same. Cook asked if Foster Road would serve as a collector street in the penin- sula area. Franklin stated yes. Cook noted that there might be some inequity in requiring through assessments the people along Foster Road who don't have access to it to pay for it while future development on the peninsula would use Foster Road. Franklin stated the public can go to Council and try to get the City to pay for a portion of it. Cook asked if different methods of financing road construction were applied to other roads. Franklin stated generally roads are paid for by developers as development occurs or are assessed. Dierks asked if asphalt could be used for fill. Franklin stated that 15% of fill could be organic and that asphalt was partly organic. Dierks then asked if the road would settle 15% once decomposition of this organic substance occurred. Franklin stated that is not necessarily the case; it depends on the type of organic matter. Clark stated that assessments, sedimentation of the reservoir, and flood insurance notwithstanding, two things bother him: 1) traffic problems on Dubuque Street, and 2) the effect on flood conditions if development does i occur. Farmer explained that the floodway is 260 feet wide in this area. If development in the floodplain occurs, a maximum increase of .8 foot water height is possible. Since City Park is not expected to develop, there will be a negligible difference, possibly one-quarter inch more water in the event of a 100 year flood, if this development takes place. Dierks asked if people that developed along the road would need to regrade their driveways if the street were regraded. Farmer stated that the design grade of Taft Speedway would not affect driveways to properties elevated one foot above the 100 year flood level. Cook speculated that 68 more houses would not significantly add to the traffic problem. He inquired whether a,traffic light at the Dubuque Street intersection would be necessary. Farmer stated that a warrants study would determine the need for a light. Cook inquired about the number of homes in the neighborhood west of Dubuque Street and north of the river and the percentage increase the proposed subdivision represents. Farmer stated he is unsure. Franklin stated that the information could be gathered for Thursday, Scott expressed concern about the workability of the stormdater detention facility proposed. He asked how the system would be managed and he ex- pressed concern regarding the stagnation of water and maintenance of the area in the summer. He would like maintenance of the system handled in the same manner as other recent subdivisions. have addressed this .issue. The Commission was reminded that, as an alternative, the basin could be eliminated if stormvater was, piped directly to the river. 4.,576 Planning & Zoning Commission April 4, 1988 Page 6 Scott asked Boyle what would happen if the City did not include paving of streets in the area in the Capital Improvements Plan. Boyle responded that homeowners would be assessed for the improvement of the street at a later date. Boyle stated that, alternatively, the City could legislate the authority to assess impact fees at the time of subdivision approval. Boyle cautioned the Commission that this subdivision could not be assessed the entire amount of paving all of the streets in the area. He stated they can only collect a share from the lots. Boyle noted there has to be a rational relationship between the fee and the benefit to properties charged. Scott identified three main issues or concerns: (1) traffic, (2) storm - water management, and 3) street assessments. He then stated that he cannot foresee these issues being resolved by Thursday's meeting. He stated the Commission could recommend denial or recommend deferral of this item pending resolution of these three issues. Abigail Van Allen indicated that Mr. Wiitala, hydraulic engineer was present and suggested the Commission may want to direct floodplain ques- tions to him. Cook inquired whether the figures quoted earlier by Farmer j! were correct. The engineer stated that he had worked on the FEMA figures presented by Farmer and that they were correct. He continued by stating, however, that there could be water problems in the area. He stated this was especially true since the Army Corps of Engineers was planning to I discharge water from the Coraiville Reservoir at a higher level for longer ! periods of time, thus increasing drainage problems downstream of the reservoir. Clark asked if the proposed subdivision will worsen the prob- lem. The engineer stated that this development will not significantly increase the problem. Dierks inquired about the flow of water through the area during a flood. Mr. Wiitala stated that, due to the topography of the area, the flow would be fairly slow. Clark asked whether installation of the stormwater detention pond with no development occurring would aid the area. Farmer stated that it would have minimal impact. 5-8811. Discussion of a request submitted by Merlin Hama for approval of T preliminary plat for Samuel Drive Subdivision, a five -lot, single-family residential subdivision located rest of Oaklawn Avenue via the extension of Samuel Drive. (45 -day limitation period: April 28, 1988.) Franklin informed the Commission that, to conform with the Zoning Ordi- nance requirement that stipulates that lots be 60 feet wide at the front yard line, houses in this subdivision would have to be located more than the typical 20 feet from the front property line thus placing buildings further into the ravine. While sidewalks are usually constructed on both sides of the street, Franklin stated that, since the sidewalks would only serve five houses in this subdivision and since installation of the walks would threaten the survival of mature trees, staff recommends that provi- sion of sidewalks within this subdivision be waived. It was the Chair's recommendation that, since environmental issues also were a concern with this proposal, consideration of this application should be deferred at Thursday's meeting. (050 Planning L Zoning Commission April 4, 1988 Page 7 S-8812. Discussion of a request submitted by Frank Boyd for approval of the preliminary and final plats of Washington Park Addition, Part 10, an eight -lot, single-family residential subdivision located east of Green Mountain Drive. (45 -day limitation period: April 29, 1988.) Moen stated that eight large lots are proposed within this 5.7 acre devel- opment. She stated that technical deficiencies listed in the staff report have been remedied with submission of revised plats. These plats include provisions for a barricade at the northern limits of the proposed paved extension of Green Mountain Drive. Legal papers and construction plans are currently being reviewed by staff. Scott suggested the Commission vote on this item at Thursday's meeting. OTHER BUSINESS: Discussion of a recommendation from the Chamber of Commerce Task Commissioners were reminded of a letter received from the Chamber of Commerce Task Force regarding downtown development. Franklin stated that the task force recommends that, in the CB -2 zone, any office building under 8,000 square feet would continue to provide one off-street parking space per 300 square feet of floor area. She stated that the portion of an office building over 8,000 square feet would be excused from the park- ing requirements. This threshhold would limit the number of buildings in the CB -2 zone that would be affected, thereby allowing an evaluation of this proposal's effects before applying it to all office uses in the CB -2 zone. Franklin noted this proposal would apply to buildings at 321 East Market and 330 East Court, both law offices, the Northwestern Bell build- ing, and Brewery Square. She stated that this parking amendment would have limited applicability and would, therefore, have inappreciable ef- fect. Franklin advised the Commission that this amendment could serve as an interim measure; the impact of more significant changes in the area could then be evaluated. On the other hand, if a comprehensive rezoning of property south of Burlington Street occurred, the question of the City's ability to provide adequate parking exists. An insufficient amount of information regarding the impact of this rezoning action is available to permit the Commission to make an informed decision. Dierks asked what* would happen if the parking requirement amendment is found unworkable. She inquired whether the portions of buildings over 8000 square feet would continue to be exempt from all parking requirements if the recommendation was revoked. Franklin stated that they would be exempt from the parking requirements. Hebert stated that essentially this proposal constitutes spot zoning and he is very uneasy about going about the process this way. He feels this amendment is clearly an effort to accomnodate only one building, North - /0 -610 Planning 8 Zoning Commission April 4, 1988 Page 8 western Bell. Franklin stated that before decisions are made about rezon- ing an area south of Burlington Street to CB -10, the ramifications of that rezoning must be carefully looked at. Dierks asked about the total square footage of the Northwestern Bell f building. Franklin stated that it is roughly 79,000 square feet, includ- ing elevators and stairwells. She explained the conversion provisions of the Zoning Ordinance that allows older buildings, non -conforming with i regard to parking, to be used. The Northwestern Bell use is required to provide 23 spaces and there are 27 spaces on the site. Without additional relief available through the proposed amendment, the conversion provisions of the Zoning Ordinance would allow 12,300 square feet of office use to be leased within the building, in addition to Northwestern Bell's office l needs. f Dierks asked if the Commission had the authority to recommend short-term remedies and to recall them if it turned out to be a problem. Franklin felt that it would not be possible. Clark asked what the legal obligation of the municipality was to provide parking. Franklin stated that it is the City's policy to provide parking in the Central Business District. Clark asked whether that policy undermined the public transit system. Scott stated the two policies go hand-in-hand. Clark questioned why the 1 parking requirements in the CB -2 area couldn't be completely abandoned. Cook offered support for the plan drafted by the Chamber of Commerce. He said the advantage is that it's a boon to historic structures. It allows full use of all buildings including historic buildings. It also allows for greater development of office space. This alternative allows for positive and reasonable steps toward rezoning the area to CB -10. He praised the hard work on the part of the committee that put it together. Scott stated this item would be placed on the agenda for the April 21, 1988, meeting. He stated he felt similarly to Cook and feels the utiliza- tion of the Bell building is necessary. Subdivision Regulat Franklin stated that the proposed amendment to Chapter 32 enables the Commission to recommend waiving certain subdivision requirements in in- stances where, owing to good design, topographic constraints, unreasonable costs, or attempts to minimize the disruption of natural features, it is reasonable to waive certain subdivision requirements. Scott stated that the Commission would vote on this item at Thursday's meeting. ADJOURNMENT: Scott adjourned the meeting at 11:00 p.m. Minutes respectfully submitted by Mark D. Reggentin. G.SO D RESOLUTION NO. 88-88 ,� e RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE TENTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES TO INCREASE THE CITY'S FY1988 FUNDING CONTRIBUTION. WHEREAS, the City Council of the City of Iowa City has determined that it is necessary and desirable to provide its residents with specialized transit service for persons with disabilities, pursuant to a Chapter 28E Agreement with Johnson County, and WHEREAS, the City Council has been advised and does believe that it would be in the City's best interest to amend the tenth renewal of the said 28E Agreement with Johnson County to increase the City's contribution to fund said activity during FY1988 from $90,850 to $99,850. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the "Amendment to the Tenth Renewal of 28E Agreement for Transit Services" between the City of Iowa City and Johnson County, { increasing the City's funding contribution from $90,850 to $99,850, be and the same is hereby approved as to form and content; 2. That the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said Amendment for and on behalf of the City of Iowa City, Iowa; and 3. That the City Clerk is directed to file said Amendment with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Courtne and seconded by Strait the Resolution be adopted, and upon rol I call there were: AYES: NAYS: ABSENT: FILED X Ambrisco Johnson Co. Iowa X Courtney X Dickson �VIA'f ll 1968 X Horowitz XLarson X McDonald �J X Strait CDUNTYAUDITOR Passed and approved this 3rd day of ATTEST: I 1988. OR p v a t Form �/as/.578- CIT CLERK Legal Department &W I 0 AMENDMENT TO TENTH RENEWAL OF 28E AGREEMENT FOR TRANSIT SERVICES r This amendment to the tenth renewal Agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the parties hereto wish to amend the tenth renewal Agreement for transit services, the original Agreement of which is recorded in Book 501 ( at Page 303 in the Office of the Johnson County Recorder; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa as follows: 1• That the tenth renewal term of the 28E Agreement for transit services between Johnson County, Iowa, and the City of Iowa City, Iowa, remains in effect with the following modification: on line 6 of Part 4, "$90,850" shall be changed to "$99,8504. 2. In all other respects the original Agreement, as amended, between the parties remains in full force and effect. 3. This amendment to the tenth renewal Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 12th day of May 1988, CITY OF IOWA CITY pnMc na Mayor Attest: g(j tiLy clerk FILED Johnson Co. Iowa MAY 12 19888 COUNTY AUDITOR ,JO NSON COUNT „ IOWA Do nl/ ehr, i pe on Board of Supervis/ojr�s Attest:T��v�.�/ County Audi Sr El LAIi.\E BASTER SF.OIl1•:r,%Ry OF STATM, May 19, 1988 Marian K. Karr, CMC City Clerk Civic Center, 410 E. Washington Iowa City, Iowa 52240 RE: Amended 28E Agreement between the City of Iowa City and Johnson County for the Tenth Renewal of Transit Services. Dear Ms. Karr: We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the Provisions of Chapter 28E, 1987 Code of Iowa. You may consider the same filed as of May 18, 1988. EB/k1 ially� Elaine Baxter Secretary of State 515-_81-5864 RESOLUTION NO. 88-89 RESOLUTION OF INTENT AND PROPOSAL TO DISPOSE OF A VACATED PORTION OF THE HOLLYWOOD BOULEVARD RIGHT-OF-WAY, EXTENDING 225 FEET WEST OF BROADWAY STREET AND SETTING A PUBLIC HEARING ON THE PROPOSAL ON MAY 17, 1988. WHEREAS, in conjunction with the opening of Broadway Street onto the Highway 6 Bypass, approximately 1,000 feet of Hollywood Boulevard, extending northwesterly from Broadway Street, was closed as a public street; and WHEREAS, Hawkeye Real Estate Investment Company (Hawkeye) operates the Colonial Park Office Building (Colonial Park); and WHEREAS, Colonial Park fronts on a 225 foot portion of the vacated Hollywood Boulevard right-of-way, which provides a means of access to the building; and WHEREAS, Hawkeye has offered to purchase that portion of the vacated right-of-way which abuts its Colonial Park property for $5,700; and WHEREAS, being fully advised in the premises, the City Council of Iowa City finds that it should accept the offer and sell the 225 foot strip of vacated Hollywood Boulevard right-of-way to Hawkeye. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Council hereby declares its intent to sell and convey by quit claim deed for $5,700 the following -described property in Iowa City, Johnson County, Iowa, to wit: Part of the Northwest Quarter of the Northwest Quarter of Section 23, T79N, R6W of the 5th P.M., described as follows: Beginning at the NW Corner of Lot 3, Block 1, Braverman Center as recorded in Plat Book 12, Page 39, Johnson County Recorder's Office; thence N 22°04100"E, 42.5 feet along the northerly extension of the west line of said Lot 3 to a point e of Hollywood Boulevard;along theh ceS 67 56'00'the E,p225.0 feet avement al ng said pavement edge to the west right-of-way line of Broadway Street; thence S 22°04'00"W, 42.5 feet along said Broadway Street right-of-way line extended to its intersection with the easterly extension of the north line of said Lot 3; thence N 67'56100"W, 225.0 feet along the north line of Lot 3 to the Point of Beginning. Said parcel contains 9,562.5 square feet. 2. That a Public Hearing on the proposal is set for May 17, 1988, and that the City Clerk is authorized and directed to cause notice of public hearing to be published as provided by law relative to the proposal. 41041 Resolution No. 88-89 Page 2 It was moved by Courtney and seconded by Dickson Resolution be adopted, an upon ro call there were: the AYES: NAYS: ABSENT: X X Ambrisco Courtney X Dickson R Horowitz X Larson r McDonald Strait Passed and approved this 3rd day of _ may 1988 ATTEST Approved as to Form fisff Leg Departmen i i I i Resolution No. 88-89 Page 2 It was moved by Courtney and seconded by Dickson Resolution be adopted, an upon ro call there were: the AYES: NAYS: ABSENT: X X Ambrisco Courtney X Dickson R Horowitz X Larson r McDonald Strait Passed and approved this 3rd day of _ may 1988 ATTEST Approved as to Form fisff Leg Departmen , RESOLUTION NO. 88 -go RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM BLOCK GRANT FUNDS)FOR THEFORHMY MYEP/IOWA CON ERVATIONUSE OF 1988ITY CORPS/ UMMERNCOMPON NT. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize Community Development Block Grant funds to purchase materials, supplies and contracted services, and provide a youth wage match for work on exterior repairs and maintenance for the "YOUTH WORKS" facility at 410 Iowa Avenue in Iowa City, Iowa; and WHEREAS, MYEP seeks to provide work opportunities for youth in the community; and WHEREAS, the "YOUTH WORKS" Facility Exterior Maintenance Project provides an opportunity to utilize MYEP participants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest an agreement with the Mayor's Youth Employment Program for the MYEP/Iowa Conservation Corps/Summer Component for repair and maintenance work for the "YOUTH WORKS" facility. A copy of said agreement is attached to this Resolution and is incorporated by this reference herein. It was moved byand seconded by Strait Resolution be adopte an upon ro call there were: the AYES: NAYS: ABSENT: X X Ambrisco X Courtney X Dickson X Horowitz X Larson �— McDonald Strait Passed and approved this 3rd day of Piay 1988. Approved as to Form 94y_L�_BY Legal Department 6l012- AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TH AGREEMENT, entered into this 3L—day of �_ I� L 19 by and between the City of Iowa Cit a ' (he ein referred to as "Cit " ?', municipal "City"), and the Mayors Youth Employment Program (herein referred to as "Agency"); WHEREAS, the City is the recipient of Community Development Block Grant ( (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development i Act of 1974, as amended (Public Law 93-383); and (( WHEREAS, the City wishes to provide a work site for youths, and to utilize CDBG funds to assist the Agency in completing exterior repairs for the "YOUTH WORKS" facility at 410 Iowa Avenue in Iowa City,Iowa; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I I• PURPOSE AND SCOPE OF SERVICES: . A. The Agency shall utilize the funds to purchase materials, supplies and contracted services, and provide a wage match needed to implement exterior maintenance for the "YOUTH WORKS" Facility (hereinafter referred to as "the Project"). Such maintenance shall include exterior painting, minor roof, trim and chimney repairs, sidewalk replacement and parking lot improvements. B. Only youths aged 16 through 18 years may be employed on the Project. j I C. The City shall provide technical assistance regarding bidding j procedures and awarding of contracts. All procedures shall be " carried out in accordance with HUD standards, and shall be monitored by the City. i ' D. Upon completion, the facilities shall comply with all applicable state and local building codes. fI II. TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline - 1. Execute Contract for Project May 3 1988 2. Complete Project Y ' 3. Agency in operation following September 1, 1988 Project Completion through September 1, 1991 I This schedule is subject to change by mutual agreement of both parties in writing. z III. PROPOSED PROJECT BUDGET: i A. Project Materials $1,400.00 I B. Equipment/Supplies $1,000.00 i C. Contracted Work $1,400.00 D. ICC Summer Wage Match 13,000.00 r TOTAL � $6,800.00 IV. COMPENSATION AND METHOD OF PAYMENT: i �. The City shall pay and the Agency agrees to accept in full no more than six thousand eight hundred dollars ($6,800.00) for performance under this Agreement, as follows: t A. Partial payments for eligible expenditures shall be made upon receipt of Small Order Requisitions (SORs) authorized by the Agency Director. i C B. Further payments for eligible expenditures shall be made through City Purchase Orders authorized by both the Agency Director and either the CDBG Program Coordinator or the Director of the Department of Planning and Program Development. Prior to payment, lien waivers will be required for all contracted services and supplies, except for wages paid to the ICC participants. - C. The Project shall not be considered complete until the Agency has certified that all work has been completed to its satisfac- tion. V. TERNS AND CONDITIONS• A. The City shall have no responsibility or liability for the I maintenance, operation or program funding for the Agency. B. Until at least September 1, 1991, the Agency shall, In a manner satisfactory to the City, fulfill its stated purpose and provide continued service. { C. During the period of this Agreement, effective as of the start of the project, the Agency shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form finsurance, and which shall provide coverages of not less than $500,000 bodily injury and property damage each occurrence/$500,000 bodily injury and property damage aggregate. Proof of insurance shall be shown to the City by i furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. GGz 3 The certificate of insurance shall include a statement guaran- teeing that the insurance company shall notify the CDBG Coordinator within 30 days of the lapse of said policy. D. In the event that, prior to September 1, 1991, the Agency elects to discontinue its program, the Agency shall pay to the City a prorated share of the $6,800.00. The prorated share shall be the balance remaining after deducting $188.89 from $6,800.00 for each month elapsed under this Agreement after September 1, 1988. E. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through September 1, 1991. PART II 2• PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance Policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. B. Until the completion of the Project and expenditure of all CDBG funds disbursed under this Agreement, the Agency shall submit monthly reports describing progress of the project activities by the thirtieth day of each month. C. Not later than September 1, 1991, the Agency shall provide the of the expenditure of funds City with a certified statement disbursed under this Agreement. D. Following completion of the Project, the Agency shall submit annual reports by the first day year. of September of each contract The annual report shall at statistics pertaining to the number andgencya minimum, include Pl clients served by the A ace of residence hof e Agency's fiscal status. , and a summary accounting of the E. No reporting requirements shall extend 1991. beyond September 1, II. OTHER REPORTS AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. B• During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employ - G�z GGA 4 ment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting docu- ments, statistical j records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREIQ+NT STANDARDS: y The requirements of OMB Circular A-128, Attachment 0 (Procurement Standards) of OMB Circular ..,.A, A-110, and OHM Circular A-122 (Cost Principles for Non -Profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City has the Agency with, and the Agency hereby acknowledges rof,ded f of said OMB Circulars. receipt copies IV. NON -DIS RDUNATION: ( - No person shall be excluded from or denied the benefits of the Agency's service ' on the basis of age, race, color, religion (creed), national origin, sex, marital status, handicapping condition, or sexual orientation. f All current aprospective nd Project beneficiaries must, however, be persons in need of the programs provided by the Agency. V. EQUAL EMPLOYMENT OPPORTUNITY - y The Agency certifies that it is an "Equal that it will ORights)lOf ty "City comply with Chapter 18 (Human thelIowa Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirm employment.in Furter, the ative action forork under thishAgreement9containaappropriatehet all contracts i. opportunity statements. 9va1 employment VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic ` Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead -Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar I as they apply to the performance of this Agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving GGA written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, the Agency shall promptly repay to the City the full contract amount of $6,800.00, or the portion of such amount which has been paid to the Agency prior to such termination. i IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: 1 A. No member or delegate to the Congress of the United states, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City, the Agency 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 beneficiary, principal and agent, limited or general partnership, 66z B. No member of the governing body of the City, no officer, t employee, official or agent of the City, or other local public i official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the ? Project to which this Agreement pertains, shall have any { private interest, direct or indirect, in this contract. X. 0 INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire `t any interest, direct or indirect, which would conflict in any j manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. I XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMMSS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this Agreement. XIII. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City, the Agency 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 beneficiary, principal and agent, limited or general partnership, 66z 6 or joint venture, or of any association or relationship involving the City. IN WITNESS WHEREOF, the ar 'es hereto have exec d this Agreement on this 3� _ day of 1 198 ! CITY OF IOWA CITY, IOWA MAYOR'S YOUTH EMPLOYMENT PROGRAM By: By: yor President,4P Board ATTEST:��u-as ) ATTEST: �C. Cit3'Clerk Executive Director,IYEP Approved as to Form R� J.sr.Yb Legal Department ��z RESOLUTION NO. 88-91 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND SOUTH WASTEWATER TREATMENT FACILITIES WHEREAS, the Paul Laurence Co. has submitted the low bid of $25,236,000.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to the Paul Laurence Co. of Minneapolis, Minnesota subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. i 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, i subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Dicksonand seconded by Strait that the resolution as read be adopted, and upon roll call there were: j AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 3rd day of May, 1988. MAYOR ATTEST: CITY CLERK ROVED A M LEGAL DEPARTMENT GG�3 VBLSWTER FACILITIES DIPFV QIW ppm NoffM D EESS FLOW *SIEVI4TER 1IiEATMW FACILITIES MR MSTF1kTER 7REATi4Nf FACILITIES CITY CF IOA CITY, IGA The time for receipt of sealed bids for construc- tion of South Nastaeter Treatment Facilities and North Excess Fla and Nastarater Treatment Facilities has been exuded from April 15, 1988 at 10:00 a.m. to April 29, 1988 at 10:00 a.m. Sealed bids will be received in the office of the City Cleric, Civic Coder, 410 East Washington Street, Iae City, Iowa, until 10:00 a.m. local prevailing time on Friday, April 29, 1988, at which place and tine said Bids will be PUblicly opened and read aloud. Bids will be acted upon by the City Cantil at the meeting to be held in the Cantil Ohadvs at 7:30 p.m. an May 3, 1988, or at such later tine and place as my then be fixed. The for tiNorth �s Flow and fttoTreat�>�Facilies includes construction influent lift statim, aerated grit tanks, i clarifiers, sludge pure statim, rapid sand filters, flaw equalization basins, disinfection facilities, th' '0** forthe South Wastewater Treatment Facilities includes construction of influent lift station, clarifiers, aeration tanks, sludge pure station, belt filter press building, anaerobic digesters, disinfection facilities, and gxnterent work. for uid �' specifications, and form of contract I thereto, a d otluer s wended by contract d� m be examined and obtained at the office of Metcalf 6 Eddy, Inc., 103 East College Street, Suite 205, foe City, IVa 52240, and my be examined, but not Obtained at the office of Metcalf b Eddy,, Inc., 85 Vest Algonquin 1laad, Arlington Heights, Illinois East Colldeget Street,f iSuite 300 C1I �citny,'Joe 52240. A $200.00 non-refundable fse is required for each set of plans and specifications. The The shall be in the form of a check made payable to the City of Iona City, Iowa, Contract Documents will be mailed (by Lhited Parcel Service) upon request and receipt of an additional non-refurdable fee of $40.00 in the form Of a deck made payable to Metcalf 6 Eddy, Inc. Bid security: 1) a certified or cashier's check dram On a solvent 104 bank or a bank dwrtered i oder the laws of the United States or a certified share draft dram On a credit union in Zoe or chartered under the laws of the thited States, in an 16.3 Page 2 =wt equal to five pert A) of the bid, or2) a bid bad executed by a corporation autlorized to contract as a surety in the State of Icw, in a penal sun of five Percent M) of the bid. The successful bidder will be required to furnish, Won exeation of the contract, bads in an anent equal to ane hundred Percent (1006;) of t contract price, and ane to c red Percent (10he o%) of he the labor and materials, said bands to be issued by responsible surety approved by the City Council and shall materials and 1� and Pmt d save ar all the City from claims and Protect f save harmless by the operation of the t � kindcaused also guarantee the work for a period Wore (1) yew from and after its cmpletion and aooq*,m ty the City. The sbe requireduccessful upon eXWibaninof tthhelcontr certifito- cate(s) of insurance evidencing all of the merges required by the contract along with other ftumita. tion required by the Omar pursuant thereto. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors ad subcontractors on City projects. The bidder awarded the contract shall subndt a list of proposed subcontractors along with quanti. ties, unit prices, and anounts before starting construction. If ro minority business enterprises (ME) are utilized, the bidder shall furnish docA tation of all efforts to recruit PEE's. the Contractg � Minority contractors is included in gi virtue of statutory authority, prefaaoe will be given to products andgran and Coal Produced within the State ofslow, and to Iowa damstic labor, to the extent lawfully required oder Iowa Statutes. The lovA peciproal ptefOrm Act (SF 2160) applies to the contract with respect to bidders v& are not Iaa residents. The City reserves the right to reject any or all Proposals and to wive technicalities and irregularities. Published upm Order of the City Cantil of Iowa City, l0A. iWtIM K. KPM, Cny ww GG3 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NORTH EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND SOUTH WASTEWATER TREATMENT FACILITIES j WHEREAS, has submitted the low bid of $ for the const ction of the above-named project. I NOW, THEREFOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the co ract for the construction of the above-named project is hereby award to subject to the condition at awardee secure ade uate performance bond, insurance certificates, an contract complianc program statements. 2. That the Mayor is h reby authoriz to sign and the City Clerk to attest the contract for the co struction of the above-named project, subject to the condit n that ardee secure adequate performance bond, j insurance certificates, and c tract compliance program statements. It was moved by and seconded by that the resolution as read be a ted, and upon roll call there were: AYES: NAYS: AB NT: mbrisco C urtney Dic son Horow tz Larson McDonald Strait Passed a d approved this 3rd day of May, 1988. j MAYOR ATTEST: CITY CLERK IOVED LEGAL DEPARTMENT 6G3 City of Iowa City MEMORANDUM DATE: April 29, 1988 TO: Lorraine Saeger FROM: Engineering Division RE: AGENDA ITEMS FOR COUNCIL MEETING TO BE HELD MAY 3, 1988 CONSIDER RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE NORTH EXCESS FLOW AND WASTEWATER TREATMENT FACILITIES AND SOUTH WASTEWATER TREATMENT FACILITIES TO THE PAUL LAURENCE CO. OF MINNEAPOLIS, MINNESOTA. COMMENT: This project was bid on April 29, 1988, and the following bids were received: Paul Laurence Co. $25,236,000.00 Minneapolis, MN C.D. Smith Construction 26,635,000.00 Fond du Lac, WI M.A. Mortenson 28,148,000.00 Minneapolis, MN Engineer's Estimate $27,254,000.00 Public Works recommends approval of this resolution. GG3___ May 2, 1988 J-2106 Mr. Charles Schmadeke Director of Public Works City of Iowa City 103 East College Street, Suite 300 Iowa City, IA 52240 Re: North Excess Flow and Wastewater Treatment Facilities and South Wastewater Treatment Facilities. Metcalf & 05 W. Algonquin Road, 6u9e 500 Adinglon Heights, Illinois 60005-4/22 13121226.0900 Subject: Recommendation for Award of Contract Dear Mr. Schmadeke: on April 291 1988, at 10:00 a.m., three sealed bide for the above referenced project were received at City Hall at which time they were publicly opened and read aloud. Metcalf 6 Eddy has reviewed these bids, and as shown on the bid tabulation (Attachment No. 1) the Paul A. Laurence Co. -of Minneapolis, Minnesota submitted the low bid of $25,236,000. Metcalf & Eddy estimated the cost of this project at $27,254,000 which contained a 7.5 percent contingency factor. The low bid was approximately 7.5 percent below the Engineer's estimate and appears to be a reasonable cost for the work to be performed. The remaining bids ranged from approximately 2 percent below the Engineer's estimate to approximately 3 percent above the Engineer's estimate. The contract documents require that all bidders submit a list of proposed manufacturers of major equipment. The Paul A. Laurence Co. has complied with this requirement. We have noted that Metcalf & Eddy is unfamiliar with certain manufacturers of equipment named on the list. Thus, detailed information will be required from the Contractor for evaluation of the equipment during shop drawing review as required by the contract documents. Metcalf & Eddy has checked several references related to current wastewater treatment plant construction work by the Paul A. Laurence Co. The information received indicates that Paul A. Laurence is a qualified construction firm and that they have the resources to perform the work required by the project and within the specified time frame. Boston I New YoIM I Palo Allo I San Bomalemo I lwi m CAI BunonOld. MB I CMeago I COlumbua I VOW I Houston I Atlanta / Blanohburg, NJ I HwOlulu I San Juan 1 the project and within the specified time frame. Additionally, we have reviewed tho 1997 Engineering Newte s Record list of the top 400 contractors ofethe BtJ� that Grove h6 Paul A. Laurence CO. is a subsidiary Sons, Co., of Minneapolis, Minnesota. S. J. Groves was ranked e6th by the ENR. The 1988 Dun 'G Bradstreet Report for thePaul A- LaIreehould Co., was obtained and reviewed by has a high debt be noted that the Paul A. Laurence Co., this fact alone is relative to their net worth. However, not sufficient reason for Metcalf & Eddy to recommend aganstThelCityaray dwish tto conduct tadditional to the uinvestil A. urence Co. gations regarding thin matter. Sneed on our analysis of the bids and the information we reeommend received concerning the Paul A. Laurence CO., that the North Excess Flow and Wastewater Treatment Facilitis and the contractebe awarded stotthe aPaul aA. Laurence ter nCo. ainlea the amount of $25,2361000. Dhould youor your state have any 1T.A*Atinna nr nand additional Information concernih ng Chia matter, Pase fuel free to contact us. Very truly yours, METCALF & EDDYYr INC. Terry L. Krause Vice President Attaohmnnta ccs Steve Atkins *r TOTAL PAGE.03 i\\ RESOLUTION NO. 88-92 RESOLUTION AMENDING THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVE- MENTS IN IOWA CITY, IOWA, BY MODIFYING SECTION IX - ROADWAY LIGHT- ING. WHEREAS, the City Council of the City of Iowa City, Iowa, by Resolution No. 75-120 adopted certain standards for public improvement projects in Iowa City, Iowa, and WHEREAS, Section 32-60 of the Code of Ordinances of the City of Iowa City, Iowa, stipulates that the type of construction and the materials, methods and standards of subdivision improvement shall be equal to the current specifications of the City for subdivision development; and WHEREAS, pursuant to said Code section the Department of Public Works has developed a modification to the design standards for Public Works improve- ment as adopted by Resolution No. 75-120, a copy of which modified design standards are attached to this resolution and made apart hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a revision of the design standards for public works improvements as proposed by the Department of Public Works be adopted. 2. That the revision remain titled Section IX - Roadway Lighting. 3. That copies of the revision be kept on file with the City Clerk. It was moved by C _—Courtney and seconded by Strait the Resolution be adopted, —an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson McDonald x Strait Passed and approved this _ 3rd day of _ May , 1988. ATTEST: C , Ap a t Form 17 4 Legal epar men GGA MODIFICATION TO DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA, SECTION IX - PARAGRAPH 2.1. The value of the luminaires shall be increased as follows: Local roadway 7,000 lumen ASA Type III increased to 8,500 lumen ASA Type III Collector roadway 10,000 lumen ASA Type III increased to 14,500 lumen ASA Type III Arterial roadway 20,000 lumen ASA Type III increased to 23,000 lumen ASA Type III I' i 1)1-1a . RESOLUTION N0. 88-93 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. with WHEREAS, the City of Iowa City has negotiated a two-year lease agreement center ofitheoDavisrB,uilding, 322 E. Washingtofor the rental n Street, the Iowa first City, hoar i and s WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Assisted Housing Programs from July I, 1988, through June 30, 1990, at a cost of 514,625/year. t NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the Mayor is hereby authorized to sign and the City Clerk to , attest said lease agreement with Washington Park, Inc. i 2. That the City Clerk shall furnish copies of the lease agreement to any citizen who requests it. It was moved by Dickson and seconded Larson Resolution be adopted, and upon rol call there were: the AYES: NAYS: ABSENT: '�— X Ambrisco X Courtney X Dickson X Horowitz X Larson g McDonald Strait Passed and approved this 3rd da of Y piav 1988. i R Approved as to Farm ATTEST: ) -A/ / CIT CLERK //Y1' Lega Department G45