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1988-11-15 Resolution
RESOLUTION NO. 88-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WHEREAS, the Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right of way for highway projects funded with Federal Aid Funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right of way assurance statement for Federal Aid Projects. It was moved by Balmer and seconded by Courtney that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 15th day of November, 1988. i ATTEST: CIT CLERK 6S�OP R FORM Legal Department I i i /GGo RIGHT OF WAY ASSURANCE STATEMENT 1989 City of Iowa City To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987, the City Council of the City of Iowa City furnishes the following assurances to the Iowa Department of Transportation. 1. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 ct, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and applicable state laws. 2. It is the policy of the City of Iowa City to provide relocation assistance benefits in accord with ite o sa 970 Act, as amended by Title IV, and applicable state laws. 3. The above named City will contact the Iowa Department of Transportation for s which are summarized ins the einstructions assureed to ntitledi°Right "Righance with t-of-Wayle Policies and Procedures." u November 15 1988 pa or ohe Date Approved y RETURN THIS FORM TO: Shirley Day-Vlotho Office of Local Systems Iowa OOT Ames, IA 50010 NOTE: Return by January 15, 1989 RESOLUTION NO. 88-229 RESOLUTION APPROVING FY90, 91, 92, 93, 94 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1989 TO JUNE 30, 1994 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1989 to June 30, 1994, be approved. It was moved by Balmer and seconded by Courtney that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X _ X X X X AMBRISCO BALMER COURTNEY HOROWITZ LARSON McDONALD Passed and approved this 15th day of November, 1988. /4MAYOD^�� ATTEST: //lo..�..% �i'• �Satw� C TY CLERK AP OV 0 FORM /g/9r' Legal Department /GG/ Yi+ I laws gepetlme610 Tnneparletlon Form ei00e1 045, iRUT 4 OFFICIAL STREET CONSTRUCTION PROGRAM FOR CITIES - Pop. 1,000 - 4,900 (one-year) El CITIES -Pop. 5,000 &over (five-year comprehensive) City Iowa City, Iowa County Johnson From July 1, 89 TO June30, 94 ..I, Marian K. Karr ,city clerk of the City of Iowa City, Iowa -do herebycertify that the cit council has resolutions p ty Y Y approved this official report gsolltsllscel 9' 9 0 Jul 1, 1 9'toJune30;1'94 '' o one-year/live- -, year comprehensive Street Construction Program this Month Day _Year CnyClerk_Marian K. Karr � (SlpneNrr) �+ tI Malling Address 410 E. Washington St., Iowa City Iowa 52240 . fnn coaq 56 -5041 Daytime Phone No. _(3191 356-5041 HoureAvaileble ? 8t00 a.m. - 5:00 p - Leap John McDonald Mayor - MEMBERS OF THE COUNCIL( ' n John McDonald _William Ambris I _Darrel Courtney I i Susan Horowitz _Randy Larson dohn Balmer Cities -Pop. S,D00 a over shall file, on or before Dec.1 0l each year, two copies of this report and two mops with the Iowa Dept. of Transportation, ClllaS-Pop. 1,000 -4,009 shall file, on or before Dec, 31 of each year, two copies of this report and two maps with the Iowa Dept. of Transportation. Distribution; White Copy- Office of Transportation Inventory; Yellow Copy- District Planner; Pink Copy - City I Distribution: White Copy- Oilioo of Transportation Inventory; Yellow Copy- ulstncl rlanner, nna k.Mpy- k.ny Project Project Limits Iowa GOWdmenl of Trempodelion 'Form 22pW2. 6-00 ""tpj . Protect Length ... ...e To Existing Proposed .... STREET CONSTRUCTION PROGRAM No. - Street Name R.U.T. 4A^� -- Construction Type of Construction Stale Functional Classification 94 Asphalt i `k I. Rient Of way 00 R...,- Eepn..... Extension For July 1, 19 E2_ To June 30, 19 Sheet of 5 @ 230,000 . 94 - 2. Gradaand Main 04 ArterlilEperulon (Miscellaneous Lo ations) r12 I it 3. Pave 0 Aerial Connrcmr Extension = 1,150,000 Kirkwood Ave. & Railroad crossing 4. Recamlrucllon - 06 TrunklEnsnslonerRunO OT Trunk CollMor(E.M1nslonor Run) It N/A Iowa City, Iowa N/A 6 6, Pavmenl Widening. 6. nuurlednp - 10 Municipal Arterial Systems 1 Year Program (Pop. 1,000 -4,999) City `7 T. Should., Widening 11 Municipal collector Systems City - 2,100 a. Sedae.RHlOraliee 12 Municipal Service Systems ' e. Bridge or crawl only © S Year Program (Pop. 5,0008 over) Kirkwood Ave. & Johnson Signals on 10, f - 1e. Imerserenon Lipllnno N/A 10 County RR - 2;100 e 3 n. Streal4otalns Cedar Rapids & Iowa City Railway 12 12. Sidewalks City } South to West 13. Storm Sewall N Miscellaneous L Distribution: White Copy- Oilioo of Transportation Inventory; Yellow Copy- ulstncl rlanner, nna k.Mpy- k.ny Project Project Limits Surface Type al Protect Length Total Estimated Cast From To Existing Proposed FY No. - Street Name Construction (Milos) (Dollars) 90 Asphalt `k It Asphalt 5 @ 230,000 . 94 1 Resurfacing (Miscellaneous Lo ations) r12 cre 6, 12 Unknown = 1,150,000 Kirkwood Ave. & Railroad crossing signals on It N/A 10 N/A RR - - 2,100 90 2 Gilbert Court _ Iowa Interstate Railroad City - 2,100 IDUT - 37,000 Kirkwood Ave. & Railroad Crossing Signals on 10, f alt N/A 10 N/A RR - 2;100 90 3 Maiden Lane Cedar Rapids & Iowa City Railway 12 City South to West 90 4 Dubu ase; Street, Turning Lane on Foster Road -' 10 11 C.C. P.C.C. 5 N/A 14,500 . Burlington St. & Add left turn lanes to southteast 04 Asphall Asphal 90 5 Gilbert Street & north legs of intersection 10P.C.C. P.C.C. 5 N/A 96,000 91. 6 Melrose Avenue Bridge widening o Railroad Pavement wi er Iowa interstatex ing bridge to 06 Asphalt 1, 4 0.05 931,500 Hawkins Drive 0.08 Gilbert Street & Add right turn lanes to east & 04 91 7 High -ay 6 Bypass west legs of intersection 10 P.C.C. P.C.C. 5 N/A 48,000 92 8 Melrose Avenue Hawkins Drive Byington Road 06 Asphal P.C.C. 4 & 5 0.36 444,000 Keokuk Street Boyrum Street ,.92 9 Hollywood Blvd. Add Curb & Gutter on North Side 12 P.C.C. P.C.C. 5 0.17 82,500 (25 x 139) `93 ~ 10 Summit Street Bridge over IOWA Int rstate Railroad 12 Asphalt P.C.C. 9 0.03 951,500 93 11 Southgate Ave. Waterfront Drive Gilbert Street 11 Dirt P.C.C.rT 0.17 463,000 Distribution: White Copy- Oilioo of Transportation Inventory; Yellow Copy- ulstncl rlanner, nna k.Mpy- k.ny 1 I _ FY Project J No. .� Project Limits Stela Func. Clessillcatlon Surface - _ _ Type of Construction Project Length (Mlles) ...., .. .. ..L�,�.^.r+�,✓•�•.T y.7.•!.m— a..r ,.... P ... '.x..�T Tw.r�p^4'-.�. �..�nc �"T 'l: 94 12 Kirkwood Avenue & Dodge Street Intersection Signalization 10 P.C.C. Asphalt Same 10 ( Fplm2M2 sI�,. Iowa Derailment of Transponallon ea 94 13 Woolf Avenue • e. River Street g Type of Construction State Functional Classification STREET CONSTRUCTION PROGRAM 446,500 R.U.T:4A `� t. _ I. Right of Wry 00 Freeway-..EgprauwayExtension For July 1, 19 89, To June 30, 19 94 2 2 v 2. Grade and Drain Os Anatol 4terralon Sheet 01 3. Pam: - 0 Aerial Connector Extension ;. 1 F a. Recomtrudlon S. Pammenl Widening 08 Trunk (Etlem/on el Nuel/ 02 Think Collector (Extension VIRMI) Iowa City, - - Iowa , 'e. Resurfacing 10 Municipal Arterial Systeme 1 Year Program (Pop. 1,000-9,999) City i . ]. Shoulder Widening It Municipal Collator Systema '�. S. Surface Restoration 12 Municipal Service Systema .0. &kpeer Cowartonly® S Year Program (Poll. 5,000 a Over) - Johnson 10. Lighting County StrInteet Lighting 11. Street llpMlnp 12. Sidewalks 11 Storm Sawen 11. Miscellaneous 1 I _ FY Project J No. Street Name Project Limits Stela Func. Clessillcatlon Surface - _ _ Type of Construction Project Length (Mlles) Total Es9mated Cat . (Dollars) From To EalsOnp Proposed 94 12 Kirkwood Avenue & Dodge Street Intersection Signalization 10 P.C.C. Asphalt Same 10 N/A 24,000 94 13 Woolf Avenue Newton Road River Street 12 Asphal P.C.C. 4 & 5 0.30 — . 446,500 -' Distribution: While Copy- Office of Transponabon Inventory; Yellow wry- ummcl rlennur, nnn wpy -,.nr r t ®�ffl t r r) u n L:Ell Iil117 I L_JI➢J '{� •" ,ff _! I' nr i .iy � ,e � 1 .� I I L �f� e � vr', r•r\ ��t77 rnrn � ItTiDE '� nr } ❑ ® II -I 1 Ih (I i Irl ilia j�Ti ❑�flIM I�l� I" t „yyp I i i + I'+- nn�liw'�i' �Ull1J � 7 Ili '� J • rtn:d,l.,+, �.: _ I � i _ ..J.� _ {_{�� — Ul® - � LAJ Ci - '`_ t _ I - fll: + t - I m �� = ti 1 i' I i i , � •�' -�:. y 70 � ron i IOWA CITY HVIIID. IOWA n ,, . I • • . r, �.. � , A M dM�l.�ll, STRMrr CONSTRUCTION PROGWI July 1, 1989 to June 30, 1994 oid i , ' ' c fT.:, K77 " F F1 LU Law W II r��uiluwl uu!I � � r � I t I 1 I! F ❑rim r1{'� « 11pCj j 'nfnml If ` 111 '*nl�' n n,•,4r1 E71_ 4 �;' � 11 '/,• � ' { .� I ,rh Ir � , _ ®Il�7CS11 EIH-,-1 711 ©' � Isj_,_ 11 o -r tl -I n r i i f ; j I { j� ,• ,fir f r t 7 d:=:a r_...w ,. r. _t `LAJ 'D�LAJ�� Tk _ }-��'iI. M ( .,. �� f I -' irr,�,,.- F •�--`." i! b r� .-1 rritr 1 -_jj CITY IOW omwo, •�J \ ,. j�tf,rw.=,w��-�frL �,'�v._i. � ,......�, 11 � 1 ' . ^�`-�u�r. wc I � � �1 MISCELLANEOUS LOCATIONS �I STREET CONSTRUCTION PROGRAM July 1, 1989 to June 30, 1994 /G G% J��31 ! RESOLUTION NO. 88-230 RESOLUTION ACCEPTING THE WORK FOR THE SCOTT BOULEVARD IMPROVEMENTS PROJECT PHASE III WHEREAS, the Engineering Division has recommended that the improvements i covering the Scott Boulevard Improvements Project Phase III as included in a contract between the City of Iowa City and Metro Pavers, Inc. of City of Iowa City, dated October 6, 1987, be accepted and a WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Balmer and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: j X AMBRISCO X BALMER X COURTNEY X HOROWITZ I , X LARSON X McDONALD Passed and approved this 15th day of November, 1988. ATTEST:. CITY CLERK MAYR APP 0 6EAS T FORM /0%/�� Legal Department CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 4, 1988 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving of Scott Boulevard Improvements Project Phase III, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Total construction cost for this project was $868,866.84. Re;; tf 11 ubm'tted, Frank K. Farmer, P.E. City Engineer i i I ENGINEER'S REPORT November 4, 1988 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving of Scott Boulevard Improvements Project Phase III, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Total construction cost for this project was $868,866.84. Re;; tf 11 ubm'tted, Frank K. Farmer, P.E. City Engineer RESOLUTION NO. 88-231 RESOLUTION ACCEPTING THE WORK FOR THE FY89 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the FY89 Landfill Excavation Project as included in a contract between the City of Iowa City and Barker's Inc. of Iowa City, Iowa, dated July 26, 1988, be accepted and NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Balmer and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 15th day of November, 1988. ATTEST: CITY CLERK APPROVED AST FORM Legal Department 1�f % . CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CC0 ENGINEER'S REPORT November 7, 1988 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. FY89 LANDFILL EXCAVATION PROJECT as constructed by Barker's Inc. of Iowa City, Iowa. Total cost for this project is $126,716.80. I hereby recommend that the above -referenced improvements be accepted by the City of Iowa City. Respectfully submitted, Ci�. Frank K. Farmer, P.E. City Engineer /iG r S;i:j RESOLUTION NO. 88-232 RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART THREE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: A section of sanitary sewer located adjacent to the west side of lot 92 and the southwest corner of lot 93 in First and Rochester, Part Three, as constructed by Dick Grell & Sons Construction Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BALMER X COURTNEY X HOROWITZ X LARSON X McDONALD Passed and approved this 15th day of November, 1988. i ; MAYOR AP R V 0 FORM ATTEST: i C1,TY CLERK Legal Department I . , RESOLUTION NO. RESOLUTION AMENDING THE 1983 COMPREHENSIVE PLAN UPDATE BY CHANGING THE LAND USE CLASSIFICATION OF A 16.95 ACRE PARCEL LOCATED SOUTHEAST OF HIGHWAY 1 NORTH BETWEEN DUBUQUE ROAD AND HICKORY HILL PARK FROM RESIDENTIAL AT A DENSITY OF 2-8 DWELLING UNITS PER ACRE TO OFFICE, RESEARCH AND DEVELOPMENT CENTER. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the physical development of the community; and WHEREAS, in order to be an effective guide for a vital community, the Plan is flexible and amendable within the context of said goals and objectives described in the Plan; and WHEREAS, the parcel described in the caption offers the opportunity to continue the ACT "campus concept" and provides a largely unspoiled natural area with topographic diversity attractive to office, research and development centers; and WHEREAS, the high quality standards associated with office, research and development center uses can ensure that nearby residential properties are protected, that the Highway 1 North entranceway is enhanced and have the effect of preserving the natural features that make this area attractive; and WHEREAS, the natural amenities of the site combined with good access to a major traffic corridor in close proximity to I-80 provide a valuable community resource for office, research and development center uses; and WHEREAS, based upon the preceding findings, the City Council of Iowa City hereby determines that changing the land use classification of the 16.95 acre parcel from Residential at a density of 2-8 dwelling units per acre to Office, Research and Development Center falls within the goals and objectives of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Short -Range Development Plan Map of the 1983 Comprehensive Plan Update is hereby amended by changing the land use shown for the 16.95 acre parcel located southeast of Highway 1 North between Dubuque Road and Hickory Hill Park from Residential at a density of 2-8 dwelling units per acre to Office, Research and Development Center. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Larson McDonald 14 71 Resolution No. Page 2 Passed and approved this day of , 1988. MAYOR Approved as to Form ATTEST: /?Jj !A CITY CLERK LeDeparture t m kd CONDITIONAL ZONING AGREEMENT This Agreement is entered into this day of November, 1988, by and between Donald J. Gatens and Marylou Gatens, Husband and Wife, and Eugene Meade and Patricia Meade, Husband and Wife (Owners), Press -Citizen Co., Inc. (Developer) and City of Iowa City, Iowa (city). RECITALS A. Owners own a tract of land located in the southwesterly quadrant of the intersection of Iowa Highway 1 and Dubuque Road, Iowa City, Johnson County, Iowa, containing approximately fifty (50) acres, hereinafter "Gatens-Meade Tract." B. Developer entered into an agreement with Owners to purchase approximately 36.70 acres of the Gatens-Meade Tract, subject to favorable rezoning to accommodate Developers publishing facility, hereinafter "Press -Citizen Tract." C. Developer has applied to have the northerly 16.95 acres of the Press -Citizen Tract rezoned from RS -5, Low Density Single Family Residential Zone to RDP, Research Development Park Zone, said property located in Iowa City, Johnson County, Iowa, and being legally described as: A tract of land in the E 1/2 of Section 2, T 79 N, R 6 W of the 5th P.M. in the City of Iowa City, Iowa as conveyed on warranty deeds recorded in Book 427, page 343 and Book 146, page 26 in Johnson County Recorder's Office more particularly described as follows: Commencing at a standard concrete monument marking the S 1/4 of said Section 2; thence N 0'00100" E (assumed bearing for the purposes of this description only) - 2918.93 feet along the West line of the said E 1/2 as described in said deeds to a right-of-way rail on the Southeasterly right-of-way line of Public Highway, Iowa Hwy Wl (formerly Hwy n261); thence N 56'43127" E - 100.00 feet along said Southeasterly right-of-way line to a 5/8" rebar marking the point of beginning; thence S 31030100" E - 640.00 feet to a 5/8" rebar; thence N 56'50100" E - 1,035.57 feet to a point; thence N 03017108" E - 385.66 feet to a point .on a 573.00 -foot radius curve; thence Northwesterly along said curve (chord N 56031155" W, 361.24 feet) 367.51 feet to the point; thence S 56643127" W- 1,102.83 feet to the point of beginning. Said parcel contains 16.95 acres more or less and is subject to easements of record. /4 7 f Said tract will hereinafter be referred to as the "Proposed RDP Tract." D. The City's 1978 Comprehensive Plan as modified by the 1983 Comprehensive Plan Update (together, the "Comprehensive Plan") sets forth the City's policies for land use and development. E. The proposed RDP Tract in the 1978 Comprehensive Plan was designated ORP, Office and Research Park Zone, and in the 1983 modification, was designated Residential: Two -to -Eight Dwelling Units per Acre F. City adopted the RDP Zone classification to incorporate into the orderly development of City property on a request -by - request basis certain limited businesses like printing facilities, conditioned on the approval of development standards which would achieve high quality development that would be compatible with natural and man-made surroundings. G. The proximate location of the proposed RDP Tract to the interstate system, its accessibility from a primary arterial highway, its rugged terrain and environmental factors, the ability of the City to have input into conceptual plans and standards, which would provide a positive image for City along this major arterial entryway into Iowa City, Iowa, all make the proposed RDP Tract attractive and suitable for RDP zoning. H. After due deliberation, the Iowa City Planning and Zoning Commission recommended that the Comprehensive Plan be amended to change the classification of the proposed RDP Tract from Residential: Two -to -Eight Dwelling Units per Acre to Office, Research and Development Center. I. After due deliberation, the Iowa City Planning and Zoning Commission further recommended that the proposed RDP Tract be rezoned from RS -5, Low Density Single Family Residential Zone to RDP, Research Development Park Zone conditioned upon: a. The City Council approving Iowa City Planning and Zoning Commission's recommendation to amend the 1983 Comprehensive Plan and change the Land Use Classification of the proposed RDP Tract from Residential: Two -to -Eight Dwelling Units per Acre to Office, Research and Development Center. b. The site being developed in accordance with: the Iowa City Press -Citizen Development Standards and Conceptual Master Plan approved by the Iowa City Planning and Zoning Commission. C. Submission and approval of a grading and erosion control plan prior to any site preparation work. E d. Submission of a legal description and deed for a 40 -foot dedication of any interest Owners or Developer may have in the right-of-way on Dubuque Road. J. Developer is willing to accept the conditions attached to the Iowa City Planning and Zoning Commission's recommended rezoning of the proposed RDP Tract. NOW, THEREFORE, the parties agree as follows: agrees that the ite and facility will beedeveloped substantially insaccordan et withinting a. Iowa Ci dated October 24, 1988 w ht revised page nine v(9)pment datedStandards November j. 2, 1988. b. Conceptual Master Plan including Signage Plan dated October 5, 1988. C. Site -Section Plan dated November 3, 1988. 1988. d. Building Elevation Plan dated August 31, e. Perspective dated August 31, 1988. f. Concept Plan for Driveway Entrance dated November 3, 1988. Copies of Items 1(a) - 1(f) are on file at the office of the City Clerk of Iowa City. understoodIt is abe are conceptual only and thDeveloper may from rotime l(f) timetochanges in actual design, layout, etc. to the City for review as the actual architectural and construction plans are drawn and rendered for this project. 2. Prior to the issuance of a Building Permit for the proposed RDP Tract, Developer shall file its site, architectural building design and construction plans showing substantial compliance with the standards and conceptual conditions set forth in Paragraph 1. 3. Developer agrees that it will at its cost, obtain the necessary approval and: a. Establish a th radius, on the east side of Highway D1 Northttoefacili includiate Wright - turn movements into its proposed site. 3 b. ove a the nd right-of-way of Highwayde1 allorth,�r direct ly r acrossf from westfromproposed site to establish a 4:1 side slope with a three-foot crushed rock shoulder for the purpose of removing the warrant for and the existing cable guard rail. 4. Prior to site preparation work, Developer agrees to submit and obtain City approval of a grading and erosion control plan for the site. 5. Developer agrees to grant City an easement as shown on the conceptual Master Plan to the proposed RDP Tract for the purpose of allowing City or some other person authorized by the City to construct and thereafter maintain and repair an extension of the City's sewer system. 6. Developer 40-foot dedication ofrright of waycooney to t DubuqueRoaddalongothe boundary of the proposed RDP Tract and Dubuque Road. 7. Developer agrees that the conditions being attached to its rezoning requests are reasonable and are being imposed to satisfy the requirements of the RDP none and public needs directly caused by the requested change. S. It is understood and agreed by and between the parties that nothing herein contained, nor shall .,.Is entering into this Agreement be deemed to constitute in any way a waiver of any of the ordinances, rules, regulations or specifications of the City, and the Developer hereby agrees to comply with all ordinances, rules, regulations and specifications of the City, and all of the laws of the State of Iowa. 9. Since this Agreement is being incorporated into the ordinance rezoning the RDP Tract, any violation of the Agreement shall constitute a violation of, the City zoning ordinance. This Agreement shall be a covenant the land and shall bebinding upon the successors i and assigns of the parties hereto. 11. This Agreement shall be null and void if the City does not rezone the proposed RDP Tract by on or before January 11, 1989. 4 14700 i IN WITNESS WHEREOF, the parties have signed and executed this Agreement on the date first above written. PRESS -CITIZEN CO., INC. ��� o �� PATRICIA MEADE STATE OF IOWA SS JOHNSON COUNTY By: JOHN McDONALD, Mayor ATTEST: MARIAN K. KARR, City Clerk On this /�I day of November, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald J. Gatens and Marylou Gatens, Husband and Wife, and Eugene Meade and Patricia Meade, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 5 Una) / hDD� Notary Public in and for the State of Iowa 5 DONALD J. GA NS G MARY P. Preside IER, and Publisher ENS /M�-�A`RYA' , t� lCiud AVL �f CITY OF IOWA CITY EUGENE MEADE ��� o �� PATRICIA MEADE STATE OF IOWA SS JOHNSON COUNTY By: JOHN McDONALD, Mayor ATTEST: MARIAN K. KARR, City Clerk On this /�I day of November, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald J. Gatens and Marylou Gatens, Husband and Wife, and Eugene Meade and Patricia Meade, husband and wife, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 5 Una) / hDD� Notary Public in and for the State of Iowa 5 I STATE OF IOWA SS JOHNSON COUNTY On this _/� day of November, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary P. Stier, to me personally known, who being by me duly sworn, did say that she is the President and Publisher respectively, of the Corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Hoard of Directors; and that Mary P. Stier, as President and Publisher, acknowledges the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by STATE OF IOWA SS JOHNSON COUNTY On this day of November, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation; 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. Notary Public in and for the State of Iowa !� 70 N RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN UPDATE BY CHANGING THE LAND USE CLASSIFICATION OF PROPERTY LOCATED AT 528 & 530 IOWA AVENUE AND 15 N. JOHNSON STREET FROM RESIDENTIAL AT A DENSITY OF 25+ DWELLING UNITS PER ACRE TO MIXED LAND USE. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, in order to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described within the Plan; and WHEREAS, the subject properties are located in a transitional area at the eastern fringe of the downtown, such that, the area west of Johnson Street has been in a gradual state of transition from older, established single- family residential neighborhoods to a mixed land use pattern; and WHEREAS, the Comprehensive Plan indicates that areas designated for Mixed Land Use are viewed as transitional areas between high density residential neighborhoods and strictly commercial uses; and WHEREAS, in order to maximize the locational suitability of land uses according to existing land uses and trafficways, Johnson Street would serve as a more suitable and appropriate transition between the mixed land uses to the west and residential land uses to the east; and WHEREAS, based upon the preceding findings, the City Council of Iowa City, Iowa, hereby determines that changing the land use classification of the subject property from Residential at a density of 25+ dwelling units per acre to Mixed Land Use falls within the context of the goals and objec- tives of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Short -Range Development Plan Map of the Comprehensive Plan be amended by changing the land use shown for 528 & 530 Iowa Avenue and 15 N. Johnson Street from Residential at a density of 25+ dwelling units per acre to Mixed Land Use. 9 Resolution No. Page 2 It was moved by and seconded by Resolution be adopted, and upon roll call there were: — AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Larson McDonald Passed and approved this day of MAYOR 1988. Approved as to Form ATTEST: �C /ozG yg CITY CLERK Legal Oepartmen the DEFEATED 11/15/88 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN UPDATE BY CHANGING THE LAND USE CLASSIFICATION OF PROPERTY LOCATED AT 528 & 530 IOWA AVENUE AND 15 N. JOHNSON STREET FROM RESIDENTIAL AT A DENSITY OF 25+ DWELLING UNITS PER ACRE TO MIXED LAND USE. WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the community; and WHEREAS, in order to be an effective guide for a vital community, the Plan is flexible and amendable within the context of set goals and objectives described within the Plan; and WHEREAS, the subject properties are located in a transitional area at the eastern fringe of the downtown, such that, the area west of Johnson Street has been in a gradual state of transition from older, established single- family residential neighborhoods to a mixed land use pattern; and WHEREAS, the Comprehensive Plan indicates that areas designated for Mixed Land Use are viewed as transitional areas between high density residential neighborhoods and strictly commercial uses; and WHEREAS, in order to maximize the locational suitability of land uses according to existing land uses and trafficways, Johnson Street would serve as a more suitable and appropriate transition between the mixed land uses to the west and residential land uses to the east; and WHEREAS, based upon the preceding findings, the City Council of Iowa City, Iowa, hereby determines that changing the land use classification of the subject property from Residential at a density of 25+ dwelling units per acre to Mixed Land Use falls within the context of the goals and objec- tives of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Short -Range Development Plan Map of the Comprehensive Plan be amended by changing the land use shown for 528 & 530 Iowa Avenue and 15 N. Johnson Street from Residential at a density of 25+ dwelling units per acre to Mixed Land Use. /68( I Resolution No. Page 2 It was moved by Balmer and seconded by Ambrisco Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson McDonald Passed and approved this day of 1988. MAYOR Approved as to Form ATTEST: a /czG13� CITY CLERK Legal Department the 1 I � I � i i i i RESOLUTION NO. 88-233 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR LOT 1 OF BDI FIFTH ADDITION AND LOT 4 OF BDI SECOND ADDITION. WHEREAS, the owner, Michael Development Company, and the contractor, Mid- America Construction Company, have filed an application for approval of a preliminary Large Scale Non -Residential Development Plan for Lot 1, BDI Fifth Addition and Lot 4, BDI Second Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliber- ation has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan for Lot 1, BDI Fifth Addition and Lot 4, BDI Second Addition is found to conform with all the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the preliminary Large Scale Non -Residential Development Plan of Lot 1, BDI Fifth Addition and Lot 4, BDI Second Addition is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Larson X McDonald Passed and approved this 15th day of ATTEST:,2Ijg,Iu,,J GI1Y CLERK November 1988. w YOR Ge a Form i Legal Department I air STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: S-8831. Central States Can Co. Date: November 17, 1988 Preliminary Large Scale Non - Residential Development Plan GENERAL INFORMATION: Applicant: Mid-America Construction Co. Riverside Drive Iowa City, Iowa 52240 Requested action: Approval of a preliminary Large Scale Non -Residential Development Plan. Purpose: Location: Site size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: To permit development of a manufacturing business. Heinz Road. 19.1 acres. Undeveloped; I-1. North - Railroad tracks, Single - Family Residential; I-1 & RS -5. East - Undeveloped; I-1. South - Undeveloped; I-1. West - Telemarketing firm, construction company; I-1. Zoning Ordinance, Large Scale Non - Residential Development Regulations, Stormwater Management Regulations. December 19, 1988. Municipal sewer and water are available. Municipal police and fire protection will be provided. Vehicular access is provided via Heinz Road from Scott Boulevard and Highway 6. -2 - Physical characteristics: BACKGROUND: Flat to gently sloping from the north to southeast. Michael Development Co. of Minneapolis proposes construction of a plant in the Business Development Incorporated (BDI) Industrial Park to be leased to Central States Can Company and Silgan Container Corporation. Central States and Silgan Container are forming a joint venture company to lease the structure from Michael Development Company for an aluminum can manufacturing plant. A 97,700 square foot building is proposed at this time; expansion may occur sometime in the future. NALYSIS: The proposed Large Scale Non -Residential Development plan is in substantial compliance with the Zoning Ordinance and the Large Scale Non - Residential Development regulations. Stormwater management is provided in the approved detention facility for Auditor's Plat No. 32, Lot 6 of which this development is a part. Economic Impact: This is a $19 million project which is expected to generate approximately $165,000 in taxes annually. The plant will result in 100 new jobs in the community. The development of this property should not result in any significant burden on municipal services or infrastructure. The building will be sprinkled to aid in fire protection; the sewage effluent will be pre- treated before entering the municipal system; and vehicular access to the site is expected to occur on Highway 6 and Scott Boulevard. STAFF RECOMMENDATION: The staff recommends approval of the preliminary Large Scale Non - Residential Development plan for Lot 4, BDI Second Addition and Lot 1 BDI Fifth Addition. ATTACHMENTS: 1. Location Map. 2. Schedule of construction. 1. Large Scale Non-ResideWElonald ae Plan.. i Approved by: eiser, Director Department of Planning & Program Development Ampg a u 5CLLE : 11=40d P I SHELLER GLOBE SMITH CO. RFBH Utilities and Zoning RS 5 ZONING LEGEND RVI - RURAL RE5I9ENTIAL IZ55 - LAW VENSITY SMGIE FAMILY PSH -FACTORY GUILT 9O115ING GNI - 14E1414601CN000 COMMERCIAL II - 4ENE9AL INDUSTRIAL P - PUSLIC. UTILITIES LE.CUEND 55 -12'00 4 8'0 5EWE2 W - 12' 4' WATER U - 4' # 61A5 5 - 13M, 3� ELEG. HEINZ 440,41 Ro e� 21 2 RESOLUTION NO. 88-234 RESOLUTION AUTHORIZING CONVEYANCE OF CITY PROPERTY, TO WIT, A PORTION OF MADISON STREET RIGHT -OF -MAY BETWEEN MARKET STREET AND BLOOMINGTON STREET TO THE UNIVERSITY OF IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. 88-3396 , pass and approve the 15th day of November , 1988, vacate a portion of Madison n Street right-of-way between Mar et Street and Bloomington Street. That parcel is legally described as follows: Beginning at the Southeast corner of Outlot 35 as recorded in Plat Book 2, page 73, in the Johnson County Recorder's Office on the Westerly right-of-way line of Madison Street; thence North 00000100" East along the Westerly right -of -wady line of Madison Street 405.00 feet to a point; thence North 90 00'00" East 24.00 feet to a point; thence South 00000'00" West 405.00 feet to a point; thence South 90000100" West 24.00 feet to the point of beginning. Said parcel contains 9,720 square feet (0.22 acres, more or less). WHEREAS, this City Council, pursuant to Resolution No. 88-220, adopted and approved on the first day of November, 1988, declared its intent and proposal to dispose of a portion of Madison Street right-of-way between Market Street and Bloomington Street to the University of Iowa contingent upon the University's agreeing to reconstruct any portions of an existing sidewalk that may be damaged during construction of the new Laser Labora- tory Building and to designate a pedestrian easement in the proposed vacated area where it partially or completely covers the sidewalk to assure perpetual maintenance and did authorize publication of notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, and having given full study and consideration, the City Council deems said proposed disposal of Madison Street right-of-way between Market Street and Bloomington Street to be in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,: That the Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and deliver a City Deed conveying the City's interest in said portion of Madison Street between Market Street and Bloomington Street to the University of Iowa. AND, BE IT FURTHER RESOLVED That the City Deed along with the agreement signed by the University of Iowa which is attached hereto and made a part hereof is hereby approved as to form and contents. AND, BE IT FURTHER RESOLVED That the City Attorney be and is hereby authorized, empowered and directed to deliver said City Deed as indicated by the foregoing. It was moved by Ambrisco and seconded by Courtney the Resolution be adopte , an upon ro call there were: AYES: MAYS: ABSENT: X Ambrisco x Balmer X - Courtney x Horowitz R Larson X McDonald X Passed and approved this 15th day of November 1988. YOR v Approved as to Form ATTEST: _% 7C. k(21 J /I/tj/ WIF LLERK Legal Department CITY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, of the county of Johnson and the State of Iowa, by its Mayor and City Clerk, does hereby release, remise, convey and quit claim unto the University of Iowa, of Iowa City, Iowa, all of its rights, title and interest in and to the following -described premises located in Iowa City, Johnson County, Iowa: Beginning at the southeast corner of the Outlot 35 as recorded in Plat Book 2, page 73, in the Johnson County Recorder's Office on the Westerly right-of-way line of Madison Street; thence North 00000'00" East along the Westerly right-of-way line of Madison Street 405.00 feet to a point; thence North 90000'00" I East 24.00 feet to a point; thence South 00°00'00" West 405.00 feet to a point; thence South 90°00'00" West 24.00 feet to the j point of beginning. Said parcel contains 9,720 square feet (0.22 acres, more or less). I This deed is executed and delivered under and by virtue of the authority vested in the Mayor and City Clerk under the provisions of Resolution No. 88- 234 duly passed and approved on the 15th day of November, 1988. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused this instru- ment to be executed on its behalf by its Mayor, and attested by the City Clerk, and its seal to be affixed hereto this 15th day of November, 1988. CITY OF IOWA CITY, IOWA: By: ✓ � K/i+wal�i(;_ ohn McDonald, Mayor ATTEST: Mari a�nfK rr, City Clerk NO TRANSFER TAX DUE - CODE SECTION 428A.2(6) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) November On this 15th day of May, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument to which this is attached; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation, by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers ack- nowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. i uno, Q�nwxnJt-� Notary Public in and for said state APPROVED AS TO FORM (i- i i iz J8 LE AL DEPARTMENT SIDEWALK AGREEMENT THIS AGREEMENT is made as of the 15th day of November, 1988, by and between the City of Iowa City, Iowa (the "City") and the "State University of Iowa (the "University"). WHEREAS, the University is in the process of constructing a building to house a new laser laboratory and office Facility on Madison Street in Iowa City, immediately north of the Iowa Memorial Union. WHEREAS, plans for the laser facility show it encroaching on the City's Madison Street right-of-way on which is located a public sidewalk. WHEREAS, the University has requested that the City vacate a portion of the right-of-way to allow construction of the facility as planned. WHEREAS, the City is willing to vacate the property if the University will replace the present sidewalk and if the land is subject to a perpetual easement for pedestrian traffic over the vacated right-of-way, and the University's agreement to maintain a sidewalk to connect the walks presently existing both north and south of the laser facility site. WHEREAS, the University is willing to agree to those conditions. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The City shall adopt an ordinance vacating the following property in Iowa City, Johnson County, Iowa, to wit: i i Beginning at the Southeast corner of Outlot 35 as recorded in Plat Book 2, page 73 in the Johnson County Recorder's Office on the Westerly right-of-way line of Madison Street; thence NO*OO1OO" East along the Westerly right-of-way line of Madison Street 405.00 feet to a point; th nce N90.00100" East 24.00 feet to a point; thence SIO'00100" West 405.00 feet to a point; thence 590.00100" West 24.00 feet to the point of beginning. Said parcel contains 9,720 square feet i (0.22 acres, more or less). 2. During construction of the laser facility, the sidewalk on the west side of Madison Street, between the center line of Market Street extended and the center line of Bloomington Street extended, may be closed to pedestrian traffic. r 3. The University agrees that, upon completion of the laser facility, it will erect a sidewalk to replace the sidewalk over and across the vacated right-of-way. 4. The public shall have an unrestricted right of passage over and upon the new sidewalk. 5. It shall be the responsibility of the University to repair and maintain the new sidewalk, and the replacements thereof. 6. This agreement shall be a covenant running with the land and shall bind the successors and assigns of the parties hereto. 7. Each person signing this instrument warrants that he/she has been duly authorized to sign on behalf of the party for whom he/she is signing. 8. The agreements contained herein shall be effective at the time the City's ordinance vacating the property described in paragraph 1 above, becomes effective. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and date first above written. THE STATE UNIVERSITY %OF IOWA CITY OF IOWA CITY, IOWA By: w John McDonald, Mayor TTEST:7ilirA.dlre City C der APPR VED AS TO FORM STATE OF IOWA ) SS: LEGAL DEPARTMENT JOHNSON COUNTY ) On this' da of / i/JwNd4u , A.D. 190a before me, the undersign a otary Pu is in an or the State OFIowa, personally appeared to me ersonall known, who, being by me duly sw n, i say t at a is the �-, of the State University of Iowa, the entity executing t e it i anG Toregoing instrument to which this is attached, that said instrument was signed on behalf of saidAndy y by authority of the Iowa State Board of Regents; and that the saidrM c as such officer acknowledged the execution in ument to e t e as act and deed of said entity, by it him oluntarily executed. C� Notdry Public in and for saAd County and State i i 9 3 I STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 15th day of November 19 88 before me, Gina O'Donnell , a Notary Pu is in and for the State of Iowa, personally appeared Jon McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (OIdUTAMI (Resolution) No. 88-234 passed by the City Council, under Ro Cil aTF—No. ( of the CittyC uncial on the 15th day of November , 19 88 , and that John McDonal a—n�Marian K. Karr acknowledged t e execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa i 1689 0 r RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF CITY PROPERTY, TO WIT, A PORTION OF MADISON STREET RIGHT-OF-WAY BETWEEN MARKET STREET AND BLOOMINGTON STREET TO THE UNIVERSITY OF IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. , pass and approve the day of , 1988, vacate a portion ofBison Street right-of-way between Market Street and Bloomington Stre�t. That parcel is legally described as follows: Beginning at the Southeast corner of Outlot 35 as recorded in Plat Book 2, age 73, in the Johnson County Recorder's Office on the Westerly fight -of -way line of Madison Street; thence North 00000'00" East along the Westerly/right-of-wady line of Madison Street 405.00 f t to a point; thence North 90000100" East 24.00 feet to a point, thence South 9 000'00" West 405.00 feet to a point; thence So h 90000'00" W st 24.00 feet to the point of beginning. Said rcel contai 9,720 square feet (0.22 acres, more or less). WHEREAS, this City Counci approved on the first d proposal to dispose of a Market Street and Bloomin upon the University's agr sidewalk that may be dama tory Building and to de vacated area where it p assure perpetual mainten- its proposal with regard hearing thereon; and / pursu t to Resolution No. 88-220, adopted and of ovember1 1988, declared its intent and rti n of Madison Street right-of-way between treet to the University of Iowa contingent nY to reconstruct any portions of an existing ring construction of the new Laser Labora- na a pedestrian easement in the proposed ial or completely covers the sidewalk to an did authorize publication of notice of veto, nd did set the date and time for public WHEREAS, following p blic hearing\nsaid proposal, and being fully advised as to the me is of said propand having given full study and consideration, the ity Council deed proposed disposal of Madison Street right-of-wa between Market Sand Bloomington Street to be in the best interest f the City of IowaIowa. NOW, THEREFORE, BE IT RESOLVED BY THE CIT I� COUNCIL OF THE CITY OF IOWA CITY, IOWA,: \ That the Mayo and City Clerk be and are hereby authorized, empowered and directed tVeiUniversity xecute and deliver a City Deed conveying the City's interest in said pon of Madison Street between Market Street and Bloomington Street to of Iowa. AND, BEI FURTHER RESOLVED That th City Deed along with the agreement signed by the University of Iowa wh ch is attached hereto and made a part hereof is hereby approved as to form and contents. AND, BE IT FURTHER RESOLVED That the City Attorney be and is hereby authorized, empowered and directed to deliver said City Deed as indicated by the foregoing. /GPS 9 It was moved by and seconded by _ Resolution be adopted, and upon ro 1 call there were: AYES: NAYS: ABSENT: Ambrisco Balmer i Courtney Horowitz Larson McDonald Passed and approved this �_/day of MAYOR Approved as to Form Legan Department 1988. the RESOLUTION NO. 88-235 RESOLUTION ADOPTING A RESIDENTIAL ANTI -DISPLACEMENT AND RELOCA- TION ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) entitlement funds under the Housing and Community Development Act of 1974, as amended; and WHEREAS, Section 104(d) of Title I of said Act requires entitlement communities to provide one-for-one replacement units for all low and moderate income dwelling units demolished or converted to another use as a direct result of a CDBG-funded activity, and to provide relocation assistance to low and moderate income households that are displaced by the demolition or conversion of a low/moderate income dwelling unit as a direct result of a CDBG-funded activity; and WHEREAS, a Residential Anti -Displacement and Relocation Assistance Plan for the CDBG program has been prepared and is attached as Exhibit A to this Resolution and hereby made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Residential Anti -Displacement and Relocation Assistance Plan for the CDBG Program for Iowa City (Exhibit A) is hereby adopted. 2. Said Plan shall be filed with the U.S. Department of Housing and Urban Development as required. 3. Said Plan shall be binding upon the City of Iowa City only for demolition or displacement occurring as a direct result of a CDBG- funded activity. It was moved by Amhrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco I X Balmer X Courtney X Horowitz X Larson X McDonald �OVDD I Resolution No. 88-235 Page 2 Passed and approved this 15th day of November 1988. 'OR Approved as to Form ATTEST:�_� Wi S 119'Y I CIT oCL.K� Legal Department EXHIBIT A RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM I. PURPOSE This plan is established pursuant -to Section 104(d) of Title I of the Housing and Community Development Act of 1974 as amended, to provide one-for-one replacement units for all low and moderate income dwelling units demolished or converted to another use as a direct result of a CDBG funded activity; and to provide relocation assist- ance to low and moderate income households that are displaced by the demolition or conversion of a low/moderate income dwelling unit as a direct result of a CDBG-funded activity. II. EFFECTIVE DATE This plan applies to all activities for which CDBG funds are first obligated on or after the date of grant approval for Iowa City's 1989 CDBG entitlement funds. III. GENERAL POLICY To the greatest extent possible, it is the City's intent to minimize the demolition/conversion of low and moderate income (LMI) dwelling units and the displacement of LMI persons from their homes and neighborhoods through direct implementation of CDBG projects. Consistent with this policy, the City will review each project individually for its impact on displacement and the continuing availability of LMI dwelling units. If demolition/conversion and/or displacement are unavoidable in order to accomplish the objectives of a particular CDBG project, the City will mitigate these adverse effects through the procedures detailed in Sections IV and V of this plan. IV. PLAN FOR ONE-FOR-ONE REPLACEMENT UNITS A. Aoolicability This plan is applicable to all occupied and vacant occupiable LMI dwelling units that are demolished or converted to a use other than a LMI dwelling unit, as a direct result of an activity assisted with CDBG funds. B. Plan for Replacement of LNI Units Within three years of the commencement of the demolition or conversion of LMI dwelling units, the City will replace said units with an equal number of LMI dwelling units. C. Oaracteristics of Replacement Units 1. The units will be located within Iowa City. 1 vv s ' D E. 2. The units will be of sufficient number and size to house at least the number of occupants that could have been housed, according to local housing codes, in the units that were demolished or converted. 3. The units will be provided in standard condition; i.e. they will meet the requirements of the Iowa City Housing Codes. 4. The units will be designed to remain LMI dwelling units for at least ten years from the date of initial occupancy. Options for Providing Replacement LMI Dwelling Units The City will use one or more of the following options in providing replacement LMI dwelling units as required. 1. Rehabilitation of existing substandard units not currently in the LMI inventory. 2. Purchase or new construction of units which meet the other requirements of this plan. 3. Use of existing or new units (e.g. elderly housing) which will receive Section 8 project -based assistance under the United States Housing Act of 1937. All of the options will include lease or other agreements to ensure that the units will remain LMI dwelling units for at least 10 years. Activities Prior to Demolition or Conversion of LMI Units Prior to the obligation or expenditure of any CDBG funds for a project that will directly result in the demolition or conver- sion of LMI dwelling units to another use, the City will make public and submit in writing to the Department of Housing and Urban Development (HUD) the following information: 1. A description of the proposed assisted activity. 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted. 3. Time schedules of the commencement and completion of the demolition or conversion. 4. The general location on a map and approximate number of dwelling units by size, that will be provided as replace- ment dwelling units. 5. The source of funding and the time schedule for the provision of replacement dwelling units. 1700 3 6. The basis for concluding that each replacement dwelling unit will remain a LMI dwelling unit for at least 10 years from the date of initial occupancy. V. PLAN FOR RELOCATION ASSISTANCE A. Applicability This plan applies only to LMI persons/households that are displaced by demolition or by the conversion of an LMI dwelling unit to another use, as a direct result of an activity funded with CDBG funds. B. Definition of "Displaced Person/Household" A displaced person/household is one that is required to move permanently and involuntarily as a direct result of an activity assisted with CDBG funds. The term includes a residential tenant who moves from the real property if the tenant has not been provided a reasonable opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building or in a new building on the real property, following completion of the assisted activity at a monthly rent/utility cost that does not exceed the greater of:- 1. fc1. 30% of the tenant household's average monthly gross income or 2. The tenant's monthly rent and average cost for utilities before the owner requested the financial assistance. A residential tenant who is required to move to another unit in the property or is required to -relocate temporarily, but is not reimbursed for his/her reasonable out-of-pocket expenses, is also considered a "displaced person" if he/she moves from the ,real property permanently. C. flioibility for Relocation Assistance 1. A LMI household is eligible for relocation assistance if it is required to move from the dwelling unit: a. On or after the date the owner submits a request to the City for financial assistance; or b. On or after the date of initial submission of the final Program Statement by the City to HUD for projects initiated by the City; or C. Before the date described in a and b above, but as a direct result of a CDBG-funded activity as determined by the City and HUD. IP10 9 I 4 2. A household which is displaced on or after the date described in paragraph 1 above is neli ible for relocation assistance if: a. The household is evicted for cause; or b. The household moved into the property on or after the relevant date in Section 1 above, after receiving written notice of the expected displacement; or C. The City determines and the HUD office concurs, that the displacement was not a direct result of a CDBG funded activity. D. Relocation Assistance 1. Each eligible LMI household may elect to receive relocation assistance in one of two ways: a. Relocation assistance as provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Regulations implementing the requirements of the URA and detailed in HUD regulations 24 GFR Part 42 will determine the assis- tance provided. b. Relocation assistance to relocate to a comparable replacement regulations 24wCFR�Pertu570.606(b)(2)idin thedformnit as proved unerHof one of the following: i. Actual reasonable moving expenses under Section 42.301 of the URA; or ii. Fixed expense and dislocation allowance under Section 42.302 of the URA. 2. Relocation advisory services as described in 24 CFR Part 42, Subpart C. i 3. Reimbursement for reasonable and necessary security deposit and credit checks. 4. Replacement housing assistance as follows: I a. Persons choosing to rent will be offered a Section 8 housing voucher/certificate and referrals to com- parable replacement dwelling units where the owner agrees to Alternativelyaipn the ashrentalassistance to educe Brent and utility costs to 30% of adjusted income for a five Year period, and appropriate referrals to comparable replacement dwelling units will be offered as replace- ment housing assistance. I'yi�e I 5 b. Persons buying interest in a housing cooperative or mutual housing association may elect to receive a lump sum payment based on the capitalized value of rental assistance installments. VI.PPA EALS Any person may appeal the City's determination on his/her eligibility for, or the amount of the relocation assistance. The appeal process shall be the same as that described in the Iowa City Citizen Partici- pation Plan for the CDBG Program. Iowa City, Iowa, November 15, 1988. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall in Iowa City, Iowa, at 7 : 301.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following members of the City Council were present: William Ambrisco John Balmer Darrel Courtney Susan Horowitz Randy Larson John McDonald Absent: None. -1- mL Matters were discussed relative to the request from Michael Development regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Michael Development Project) Series 1989. Following an explanation of the proposed Project by representatives of said Company and a discussion of the proposal, Council Member Balmer introduced the following Resolution in written form and moved its adoption. i Council Member Ambrisco seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Horowitz, Larson, McDonald, Ambrisco, Balmer, Courtney. NAYS: None. i The Resolution was thereupon signed by the Mayor and in evidence of approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -z- 9 RESOLUTION N0. 88-236 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT) SERIES 1989, OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (the "Issuer") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is i authorized and empowered by Chapter 919 of the Code of Iowa (the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the Issuer in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the Issuer and of the State of Iowa; and WHEREAS, the Issuer has been requested by Michael Development, a Minnesota General Partnership (the "Borrower"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquiring land and constructing a facility thereon to be leased for use in the manufacture of seamless cans (hereinafter referred to as the "Project"), which Project will be owned by the Borrower; and WHEREAS, said Project will create and maintain additional employment opportunities for residents of the Issuer and the surrounding area; will enhance the tax base of the Issuer and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conduct of increased operations which will add to the welfare and prosperity of the Issuer and its inhabitants; and WHEREAS the Issuer has determined that the amount necessary to defray all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the Issuer of not to exceed $3,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer and Borrower pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of, interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construction or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning I� of said federal income tax regulations; and ( WHEREAS, there has been presented to the City Council (the "Governing Body") a Memorandum of Agreement, attached i hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the Issuer and the Borrower, relating to the further processing and issuance of said Bonds, and the Issuer believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the Issuer; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Code. NOW, THEREFORE, Be It and It Is Hereby Resolved by the Governing Body of the Issuer as follows: Section 1. A public hearing shall be conducted on December 13. _1998 et Z:a(L 4,.m., before this Governing Body in a ounce Chambers at the City Hall on the proposal to issue not to exceed $3,000,000 aggregate principal amount of the Issuer's Industrial Development Revenue Bonds (Michael Development Project) Series 1989, pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this Governing Body shall adopt a Resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the Issuer is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the Issuer, a Notice of Intention to issue said Bond in substantially the following form: -5_ 1 OJA I