HomeMy WebLinkAbout1986-08-12 Resolution'r
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RESOLUTION NO. 86-255
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class •B" Beer Permit or liquor control license,
to wit:
Loyal Order of Moose Lodge 01096, 2910 Muscatine Avenue
It was moved by McDonald and seconded by Strait
that the Resolution as read be a opted, and upon rol ca ere
were:
NAYS: ABSENT:
x_
Zuber
Passed and approved this 12th day of August ,
19 86 .
(�'
Mayor
Attest:
Gley Clerk
i
AYES:
Ambrisco
Baker
Courtney
X
Dickson
X
McDonald
_ x
Strait
g
NAYS: ABSENT:
x_
Zuber
Passed and approved this 12th day of August ,
19 86 .
(�'
Mayor
Attest:
Gley Clerk
i
RESOLUTION N0. 86-256
RESOLUTION AUTHORIZING EXECUTION OF A PERMANENT SEWER FORCE
EASEMENr AND A TEMPORARY CONSTRUCTION EAS2 ENr AND COVENANT IPITH JOHNSON COUNIY, IO1VA
WHEREAS, the City of Iowa City, Iowa, has negotiated 'easements
with Johnson Count Iowa , copies of said easements
being attached to th s Resolution and by tis reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said permanent sewer force main easement and a temnorary construction easement
and covenant with Johnson County, Iowa,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the easements with Johnson County, Iowa
2. That the City Clerk shall furnish copies of said easements to
any citizen requesting same.
It was moved byDI and seconded by Strait that
the resolution as rea e a opte , an upon roll call there were:
AYES: NAYS: ABSENT:
_X Ambrisco
— Baker
X Courtney
X Dickson
X McDonald
X Strait
— Zuber
Passed and approved this 12th day of Auat_st 19 86 .
ATTEST: W ",.J 'k- .A-)
CITY CLERK
i
Received R Approvea
By The legal Department
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PERMANENT SEWER FORCE MAIN EASEMENT
THIS AGREEMENT, made and entered into by and between Johnson County, Iowa,
hereinafter referred to as "GRANTOR(S)" and the City of Iowa City, Iowa, a
municipal corporation, hereinafter referred to as "CITY."
IT IS HEREBY AGREED AS FOLLOWS:
1. THE UNDERSIGNED Grantor(X) state that (KK) ()M) (it) ( (is) (dOOti)
the owner(K) of certain real estate to-wit as described in Exhibit "A"
attached to this easement and by this reference made a part hereof.
2. The GRANTOR(5j) hereby grant and convey to the CITY an exclusive permanent
easement for the purposes of constructing, operating, maintaining, re-
pairing, using and reconstructing a sewer force main for the purpose of
transporting landfill leachate and sewage from the landfill to the City's
sanitary sewer system, which sewer force main is to be located in the
area described and shown in "Exhibit A" attached hereto and incorporated
by reference herein.
3. The GRANTOR(6) hereby convenant that they are lawfully seized and pos-
sessed of the real estate described above, and that they have a good and
1 lawful right to convey.this easement.
I
f 4. The CITY shall have the right to make excavations and to grade as it may
find reasonably necessary for the construction, operation, repair, main-
tenance and reconstruction of the sewer force main.
5. The CITY shall have the right to trim and remove all trees and bushes
which may interfere with the exercise of the CITY's rights pursuant to
this Easement; however, if valuable timber is removed, it shall continue
to be the property of the OWNERS.
6. The CITY shall have the right of ingress and egress to and from the I
easement area by such route as shall occasion the least practical damage
and inconvenience to the OWNERS.
7: The GRANTORO% reserve the right to use the real estate above-described
for purposes which shall not interfere with the CITY's or public's full i
enjoyment of the rights granted in this easement; provided, however, that
the GRANTORCM shall not erect or construct any building or other struc-
ture, or drill or operate any well, or construct any reservoir or other
obstructions within the easement, nor shall GRANTOR M allow or cause any
substantial fill or cut over said easement without the consent of said
CITY, which consent shall not be unreasonably withheld.
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8. The CITY agrees to promptly backfill any trench made by it and repair any
damages within the area subject to the easement.
9. The CITY shall indemnify GRANTOR(K) against any loss or damage which may j
occur in the exercise of the easement rights by the CITY, except for loss
which may be occasioned by'a diminution in business during the temporary
use of the area for construction, repairs, maintenance and/or reconstruc-
tion.
10. The provisions hereof shall inure to the benefit of and bind the succes-
sors and assigns of the respective parties hereto, and all covenants
shall apply to and run with the land. This perpetual easement shall be
recorded at the time of its execution.
Dated this 12th day of _ August
,
GRANTORQl9C) CITY OF IOWA CITY, IOWA
T
R. . Myers, ni erson am m r sco, ayor
Johnson County Board of Supervisors
ATTEST: /
By: re .r� -k' '7ia t�tJ
bity Cler
Received A Approved
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By The Legal D Mmnt
RJA 0 Zq*I
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STATE OF IOWA )
SS:
COUNTY OF JOHNSON )
On this 31 day of ��� 198F6 , before me, the undersigned, a
Notary u Ic in and for the State of Iowa, County of Johnson, personally
appeared R • 1. Ala•f , to me known to be
the identica persons named in and who executed e foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
VMT( I�E7l�P�R s� G 4l'FAMz
r /�/lLlr�cln.
otlF ary Puffin and for the State of owa
I
My commission expires 5 •26• k`
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this h day of>w , A.D, 19 aa& before me, the j
undersigne�Notary Pu l In and for -EFF -Slate of Iowa, personally ap-
pearedand ,
to me personally nown, who eing y me duly sworn, I say a they are e
and respectively, of
said c rporat on execu Ing the within and foregoing instrument to which this
is attached, that (no seal has been procured by the said) corporation; that I
said instrument was signed (and sealed) on behalf of (the seal affixed there-
to is the seal of said) said corporation by authority of its Board of Direc-
tors; and that the said e. and
as such officers acknow a ge ie execution o said ns rumen o e e
voluntary act and deed of said corporation, by it and by them y.Qlunrarily
executed. iuprdNnee i
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Nota y Pu is in and for
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STATE OF IOWA )'
SS:
COUNTY OF JOHNSON )
I
On this 12th day of Au st A.D., 1986 before me, the under-
signed, aFooEary Public n an or the State of Iowa, personally appeared
Ifilliam Ambrisco and lla�rian�* to me personally known, who,
being by me duly sworn, did say tha they are he Ka or
and Citx Clerk respectively, of said municipal corpora on
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 iillinm Ambrisco and
Marian '.PR
. < as such officers acknow a ge a execution-7—said
nstrumen o e e vo untary act and deed of said municipal corporation, by
it and by them voluntarily executed.
folotary FublTc In and for said County and 5tatp
i
ion
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NE 1/4 SEC /3-79-7
30' CONSTRUCTION EASEMENT-
-M
ASEMENT/
10' PERMANENT EASEMENT
DESCRIPTION OF ENTIRE TRACT:
N
NW //4
iEC /8-751
The NE4 of Section 13, Township'79 North, Range 7 West of the 5th P.M. and the NINa
of Section 18, Township 79, Range 6 West of the 5th P.M. except that portion
conveyed to the State of Iowa recorded. in Book 602, Page 72 of the deed records of
Johnson County, Iowa. i
DESCRIPTION OF PERMANENT EASEMENT:.
Five feet on either side of a line described as follows: Commencing as a point of
reference at the SW corner of the NE4 of Section 13, Township 79 North, Range 7
West of the 5th P.M., Johnson County, Iowa; thence North 00 00' 00" East 5.00 feet
along the West line of the NE4 of said Section 13 to the point of beginning of the
centerline herein described (for the purposes of this description, the West line of
the NFU of said Section 13 is assumed to have a bearing of North 00 00, 00" East);
thence North 890 58' 36" East 1230.00 feet to a point; thence North 270 58' 36"
East 1075.00 feet to a point; thence'South 810 01' 24" East 325.00 fest to a Doint;
thence North 780 58' 36" East 150.00 feet to a point; thence South 71 31' 24" East
475.00 feet to a point; thence South 400 31' 24" East 7.70 feet to a point on the
Westerly line of the NW4 of Section 18, Township 79 North, Range 6 West of the 5th
P.M.,' Johnson County, Iowa;. thence, South 400 31' 24" East 56.30 feet to a point.
DESCRIPTION OF CONSTRUCTION EASEMENT:
Fifteen feet on either side of the above-described centerline.
Property Owner: Johnson County, Iowa
EAIIBIT "A" / 3 3 se
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
Witnesseth:
Whereas,
THE UNDERSIGNED, GrantorQs't) stated that (W (ft) (it) (},heX) (is) (w) the
owner(X) of certain real estate to -wit as described in Exhibit "A" attached
to this easement and by this reference made a part hereof.
Now, Therefore,
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, Grantor(g)
(U) (does) grant and convey to the City of Iowa City, Iowa, an easement and
right of entry and encroachment over the real estate described in Exhibit "A"
attached hereto, for the purposes of construction of sewer force main
in the City of Iowa City, Iowa.
This grant conveys to the City of Iowa City, Iowa, its agents, employees, and
contractors employed by the City for the construction of said improvements,
the right to enter and encroach upon the real estate described for the period
of construction of the improvement and is for the purpose of installing the
sewer force main improvements or structures
related there o and may include s orage o equipment or materials on said
real estate and also includes the preparation of a suitable bed on private
property and the fertilization and sodding of disturbed areas all as provided
in the plans and specifications of said project.
As further consideration for the grant of said easement, the City of Iowa
City, Iowa, agrees to fine grade said real estate per the plans and specifi-
cations and to sod on those areas damaged or disturbed by construction
activities. In the event any additional damage is caused to said real estate•
by the negligence of the City of Iowa City, Iowa, or its employees, the City
agrees that said damage will be repaired or compensated.
Dated at Iowa City, Iowa, this 12th day of August , 19 86 .
GRANTOR(S)
CITY OF IOWA CITY, IOWA
R.B. s, n
William o, Mayor
Johnson County Board of Supp rvis '
ATTEST:
STATE OF IOWA )
COUNTY OF JOHNSON SS:
On this 3( day of f 6 , 198 86 , before me, the undersigned, a
Notary RETTE in nd o—r t State of Iowa, County of Johnson, personally
/Y1
appeared r• f. a"( 'to me known to be
the identical persons named in and who executed e foregoing instrument
and acknowledged that they executed the same as their voluntary act and/deed.
bJ.MUNNEI: y
OOIMISSION E%PIAES G
Notary Public in an for the State of Iowa
My commission expires S-16• Fg
Recaived A Approved
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 1 day of-6-Vi
f, ,,,y , A.D. 19�_, before me, the
undersigned, a Notary Public fi and for the State of Iowa, personally ap-
peared and
to me personally town, who_being by me duly sworn, did say that they are the
C�Ajs rand respectively, of
said torpor
a ion execu In a wit in an oregonng instrument to which this
is attached, that (no seal has been procured by the said) corporation; that
said instrument was signed (and sealed) on behalf of (the seal affixed there-
to is the seal of said) said corporation by authority of its Board of Direc-
tors; and that the said and
as such officers acknow a ge i' execu ion o saidins rumen o e e
voluntary act and deed of said corporation, by it and by them voluntarily
executed.
•''o NW IWNTIRE
Nota y Pu is in and for
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON 1
On this 12th day of August. , A.D., 1986 , before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
William Ambrisco and Marian K. Karr , to me personally known, who,
being by me duly sworn, did say that they are the bla or
and City Clerk - respectively, of sai municipa corpora on
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 William Ambrisco and
Marian K. Karr as such officers acknowledgedthe exec ut ono said
ins rumen o e t e vo untary act and deed of said municipal corporation, by
it and by them voluntarily executed.
NotaPy Public in and for said County and State
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NE 1/4 SEC '/3-79-7
30' CONSTRUCTION EASEMENT /
�� NW //4
EC /8-
10' PERMANENT EASEMENT
DESCRIPTION OF ENTIRE TRACT:
The NF% of Section 13, Township'79 North, Range 7 West of the 5th P.M. and the NVA
of Section 18, Township 79, Range 6 West of the 5th P.M. except that portion
conveyed to the State of Iowa recorded in Book 602, Page 72 of the deed records of
Johnson County, Iowa.
DESCRIPTION OF PERMANENT EASEMENT:.
Five feet on either side of a line described as follows: Commencing as a point of
reference at the SW corner of the NE4 of Section 13, Township 79 North, Range 7
West of the 5th P:M.,'Johnson County, Iowa; thence North 00 001 00" East 5.00 feet
along the West line of the NEa of said Section 13 to the point of beginning of the
centerline herein described (for the purposes of this description, the West line of j
the NFA of said Section 13 is assumed to have a bearing of North 00 001 00" East);
thence North 890 581 36" East 1230.00 feet to a point; thence North 270 581 3611
East 1075.00 feet to a point; thence'South 810 011 2411 East 325.00 feedt to a noint; I
thence North 780 581 361' East 150.00 feet to a point; thence South 71 311 2411 East
475.00 feet to a point; thence South 400 311 2411 East 7.70 feet to a point on the
Westerly line of the NW14 of. Section 18, Township 79 North, Range 6 West of the Sth
P.M.,'Johnson County, Iowa;; thence. South 400 311 2411 East 56.30 feet to a point.
DESCRIPTION OF CONSTRUCTION EASEMENT:
Fifteen feet on either side.of the above-described centerline.
Property Owner: Johnson County, Iowa,
rvutn TT 11A" / ���
RESOLUTION NO. 86-257
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE I01VA CITY
RECREATION CENTER HEAT RECOVERY PROJECT
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 26th day of Amst , 1986 , at 1:30 p.m. in the Council
Chambers, Civt Ccenter, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by LkDgnaid and seconded by Strait that the
resolution as read be -adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
-x
X
—x — —
x —
x -
-x — —
X
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
tuber
Passed and approved this 12th day of Aueust , 19 86 .
ATTEST: YM " a CIT � 41
CLERK
G
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RESOLUTION NO. AL Z
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF DEAN
OAKES WOODS ADDITION, A SUBDIVISION OF IOWA CITY, JOHNSON
COUNTY, IOWA.
WHEREAS, the owner and proprietor, Dean G. Oakes, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the preliminary
and final plat of Dean Oakes Woods Addition, a subdivision of Iowa City in
Johnson County, Iowa, which is legally described as follows:
Commencing at the Northeast Corner of Section 12 Township 79 N,
R6W of the 5th Principal Meridian; thence SO1040'38"W (assumed
bearing), 957.79 feet on the east line of the Northeast Quarter
of said Section 12 to the centerline of Rochester Avenue; thence
S70 2'26"W, 1215.50 feet along said centerline to the Point of
Begin ng of the tract herein described, sa 6 point being on the
Westerly right-of-way of Amhurst Stre t Extended; thence
S19°09'36" 109.34 feet along said Wes erly right-of-way ex-
tended and said Westerly right-of-way; hence Southerly 220.12
feet on a 300.66'radius curve concave sterly, and whose 215.24
foot cord bears SO1°48'49"W; thenc S22°47'14"W, 48.93 feet
along said Westerly right-of-way to a centerline of Lower West
foot
rrranch ed�us curve concave Sothence rutherly ran ho e4 174.02 foot feet on a 7cord Obears
N73 59'05"W; thence NO0°2700"W, 260.30 feet along an existing
fence line and fence it a xtended to the centerline of
Rochester Avenue; thence N7 ° 2'26"E, 168.50 feet along said
centerline to the Point of B ning. Said tract contains 1.40
acres and is in accordance ith the records of Johnson County,
Iowa.
WHEREAS, the Department of Pla ming and P gram Development and the Public
Works Department have examin the propose preliminary and final plat of
said subdivision and have re omnended approv of same; and
WHEREAS, the preliminary and final plat of @@id subdivision has been
examined by the Planning nd Zoning Commission air after deliberation the
Commission, by vote of ne in favor, five again , and one abstention,
failed to sustain a mot/ on to recommend that the pl t be approved because
the plat showed access onto Rochester Avenue from a single lot and the
developer proposed the continued use of Lower West B nch Road west of
Amhurst Street as a Street without improvement to urban esign standards;
and /
WHEREAS, the preljminary and final plat is found to conform kith all of
the requirements of the Ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the /preliminary and final plat of Dean Oakes Woods Addition, a
subdivision of the City of Iowa City, is hereby approved, and
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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 which, among other things, shall provide a waiver
of assessment for future paving of Lower West Branch Road, and dedica-
tion to the public of the parts of Rochester Avenue and Lower West
Branch Road abutting the subdivision, and to certify the approval of
this Resolution, which shall be affixed to th preliminary and final
plat after passage and approval by law; and t e owner/subdivider shall
record the legal documents and final plat the Office of the County
Recorder of Johnson County, Iowa, before a issuance of any building
permits
is authorized.
It was moved by and second by the Resolution
be adopted, and upon ro ca there war
AYES: \NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
Passed and approved thisday of 1986.
ATTEST:
Yaceived & Approver
By The Legal Departrwl
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City of Iowa City
MEMORANDUM
Date: August 7, 1986
i
To: City Council Members
From: Barry Beagle, Associate Planner
Re: Survey of Iowa Cities Regarding Limited Access
Seven (7) Iowa cities were surveyed to determine if they limit or restrict
access to arterial streets, and, if so, under what authority is this accom-
plished. Each city surveyed as a matter of policy limits or restricts access
to arterial streets associated with new development. Most cities rely on and
use the general language of their subdivision regulations to discourage or
limit direct access of lots onto an arterial street. One (1) city has pre-
pared a trafficways plan which is to be incorporated into their subdivision
regulations. Once passed, access to arterial streets would be limited to a
one -mile spacing requirement.
Asked how they control or limit access to arterial streets, all responded
that they have a strong pre -application conference requirement by which many
changes to a subdivision proposal are made. None of the communities
responded to having any problems like Dean Oakes Woods Addition in recent
memory.
Each community surveyed felt confident that Chapter 409 of the State Code
granted cities sufficient authority to limit or restrict access to arterial
streets when dealing with subdivision proposals when same would create condi—
tions favorable to the public health, safety and welfare, s part a cities their
Most of the
surveyed did not have a trafficways element incorporated Moo
Comprehensive Plan. As a statement of public policy, each felt that the
Comprehensive Plan can be used as a guide in reviewing subdivision Proposals
regarding access determination. If a subdivision proposal was contrary to an
adopted policy of the Comprehensive Plan, they felt that it should either be
modified or rejected.
Based upon this survey, Iowa City is much like most other Iowa cities when it
comes to the review and regulation of subdivision proposals. It would appear
that the enabling authority of Chapter 409 of the State Code and the provi—
sions of the Comprehensive Plan would be sufficient to require a modification
of the subdivision plat so as to limit access onto Rochester Avenue or in the
alternative to reject it.
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City of Iowa City
MEMORANDUM
Date: August 7 , 1986
To: City Council
From: Richard J. Boyle, First Assistant City Attorney ' V
Re: Dean Oakes Woods Subdivision
BACKGROUND
The plat of the proposed Dean Oakes Wood Subdivision shows six lots, four of
which have access onto Amhurst Street, one having access only onto Lower West
Branch Road, and one (Lot No. 5) with access only onto Rochester Avenue.
The City's 1978 Comprehensive Plan ("Plan") designated Rochester Avenue as a
secondary arterial street. (Plan, p. 135.) The Plan notes (p. 129) that
-secondary arterial streets are intended "to serve a dual function of circu-
lation and access, with circulation taking precedence. ..'.'Secondary arterial
streets should offer direct property access only to large.'`
arge industrial, commer-
cial, institutional, and multi -family residential sites.... Driveways should
not be permitted to have direct access to secondary arterials."
The 1983 Comprehensive Plan Update ("Update") continues to designate
Rochester Avenue as a secondary arterial street (Update, p. 17), and reiter-
ates the 1978 Plan's dual function (access and circulation, with circulation
taking precedence) for such streets. (Appendix C.1.) In describing Traffic -
way Design Standards (Appendix C.2) the Update points out that, for secondary
arterial streets, "Access will be controlled and driveways should not be
permitted to have direct access to secondary arterials. Direct access to
property (i.e., street or private drive) should be allowed to serve large
industrial, commercial, institutional and residential sites."
In reviewing the proposed plat, the Planning and Zoning Commission ("Commis-
sion") noted that Lot 5 would have access only to Rochester Avenue, and based
its failure to recommend approval of the plat, in part, on the fact that
allowing such access would violate the policies enunciated in the Comprehen-
sive Plan and the Update.
ISSUE
May the City deny approval of a subdivision plat on the grounds that it has a
policy against direct• driveway access to secondary arterial streets, where a
proposed plat would create one or more lots having no other means of ingress
and egress?
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CONCLUSION
The City is not required to approve a plat which would create one or more
lots having no other means of ingress and egress except via a secondary arte-
rial street.
DISCUSSION
It should first be noted that the issue here is not accessep r se. Generally
speaking, a land owner has a right to access to property, meaning a right of
ingress and egress permitting him/her and the public generally to get to and
use the general system of roads. Stom v. City of Council Bluffs, 189 N.W.2d
522, 528 (Iowa 1971). Thus, if the propose p a were appy—the owner of
i Lot 6 would have a legal right to direct driveway access onto Rochester
Avenue since there appears to be no other means of ingress and egress.
Iowa Code (1985) Section 409.14 provides, among other things, that proposed
plats shall be examined by the City Council and City Plan Commission -
i "with a view to ascertaining whether the same conform to the stat-
utes relating to plats within the city and the limits prescribed
by this section, and whether streets... shall conform to the gen-
eral plat of the city and conduce to an orderly development
thereof, and not conflict or interfere with rights-of-way ... or
otherwise interfere with the carrying out of the comprehensive
city plan, in case such as been adopted by such city."
Generally, city councils and plan commissions reviewing subdivision applica-
tions are acting in an administrative, not a legislative capacity, but they
may consider not only the express words of the subdivision ordinance, but
also the legislative intent and purpose of the subdivision statute (Code
Chapter 409) and the city subdivision regulations. Oakes Construction Co. v.
City of Iowa City, 304 N.W.2d 797, 799, 806-807 (Iowa Wn
Since Lot 5 would have driveway access only onto Rochester Avenue, the ques-
tion is whether the City Council can legally consider that access in passing
upon the plat. Construing the legislation, it is given "a reasonably liberal
interpretation which will further the apparent intent and object of the
legislative body." Oakes Construction Co. v. City of Iowa City, supra, 304
I N.W.2d at 804.
Code Sec. 409.14 says, in pertinent part, that new plats may be reviewed to
determine conformance "with the carrying out of the comprehensive plan." One
of the purposes of the City's Comprehensive Plan is to set forth "a statement
of the goals and policies of the community", and the City adopted its Plan
"to provide a basis for the decisions in the regulation of land use in the
construction of trafficways and community facilities." (Iowa City Council
Resolution No. 78-197.) Based upon the policies set forth in the Plan and
Update to limit access onto secondary arterial streets, and the express
language of Code 409.14, it is our opinion that the City Council may reject
a subdivision plat which shows one or more single family residential lots
with direct access only onto an arterial street.
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It should be noted that the City has been enforcing that policy for a number
of years, as shown by the data included in Karin Franklin's memorandum which
is attached.
One other point is worthy of note. Code Sec. 409.15 requires that a City
Council take action on a proposed subdivision plat within 60 days and, if the
plat is rejected, to set forth its reasons for rejection in a resolution. If
this subdivision plat is rejected, you are required to adopt a resolution
stating the reasons for the rejection.
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City of Iowa City
MEMORANDUM
Date: August 7, 1986
To: Richard Boyle, Assistant City Attorney
From: Karin Franklin, Senior Planneref_
Re: Access to Arterial Streets '/ ``
In response to your question regarding past practices in limiting access on
arterial streets, a brief history is provided below. '
Since 1978 when the Comprehensive Plan was adopted incorporating a policy
restricting access to arterial streets, the following subdivisions have been
approved with access to an abutting arterial street restricted:
On Mormon Trek Boulevard - Walden Ridge
Walden Court
Ty'n Cae
Westside Park
MacBride Addition (OPDH)
On Rohret Road - Southwest Estates
On Scott Boulevard - Vista Park Village
Court Hill -Scott Boulevard Additions
BDI Addition
On South Gilbert Street - Kennedy's Waterfront Addition
On Highway 1 - Highlander Addition (Northgate Corporate Park)
On Highway 6 - Boyrum Subdivision
Braverman Center
The restrictions have taken the form of limiting access points to only local
streets by designing the subdivision to eliminate driveway access and by
requiring a common drive between lots to minimize access points. The form of
restriction has been dependent on topography of the tract, the amount of
frontage on the arterial street, or the size of the subdivision.
One instance in which access was not restricted for a subdivision was ap-
proval in 1979 of the Moreland Subdivision on Rochester Avenue. This was a
two -lot subdivision, the size of which mandated that the one single-family
residential lot access directly to Rochester Avenue.
Attached are copies of the policy statements from the 1978 Comprehensive Plan
and the 1983 Comprehensive Plan Update.
bj4/3
13 os
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1978 Comprehensive Plan
TRAFFICWAYS PLAN
INTRODUCTION. This trafficways plan represents a street system designed
to serve the needs of Iowa City by the year 2000. This plan is not
expected to be fully implemented by 2000, but it includes some projects
which will likely be built, and corridors that should be protected. The
functional classification of the streets is intended to ensure this
protection by reservation of sufficient right-of-way for eventual street
construction. The plan is based on the assumption that new urban in-
tensity development will take place largely within the existing city
limits plus the Ralston Creek and Willow Creek watersheds and the area
immediately south of the city limits and east of the proposed sewage
treatment plant. A map of the trafficways plan is contained on the
page following the table of functional classifications of streets.
FUNCTIONAL CLASSIFICATION. Functionally, trafficways need to fulfill
two ro es: c rcu at on and access to property. The trafficways plan
establishes a functional classification of primary arterial, secondary
arterial, collector and local streets, with each classification repre-
senting a shift in relative importance of the circulation and access
functions.
A. PRIMARY ARTERIAL streets' principal function is to provide for
vehicular circulation. Primary arterial streets should be designed
to carry large volumes of traffic (15,000 or more vehicles/day) and
should form a continuous system of a peripheral ring and radial
streets serving the core of the city. Primary arterial streets
serve as the principal truck routing system of the community and,
because of the adverse effects of trucks and large volumes of
traffic, they should be well buffered with landscaping and ample
rights-of-way. Access to primary arterials should be strictly
limited, and driveways should not be permitted to have direct
access to primary arterials.
B. SECONDARY ARTERIAL streets serve a dual function of circulation and
access, with circulation taking precedence. Secondary arterial
streets should be developed to carry large volumes of traffic
(5,000-15,000 vehicles/day) 1n a grid and radial pattern which
supplements the primary arterial system. Secondary arterial
streets should offer direct property access only to large indus-
trial, commercial, institutional, and multi -family residential
sites and should be buffered from residential uses by ample land-
scaped transitions. Driveways should not be permitted to have
direct access to secondary arterials.
C. COLLECTOR streets serve the dual function of circulation and
access, with access taking precedence. Collector streets should be
designed to carry moderate volumes of traffic (1,000-5,000 ve-
hicles/day) relatively short distances to and from arterial
streets. The collector street system should be discontinuous, with
street lengths no longer than one kilometer (0.6 mile) as a general
rule. Collector streets should provide access to all types of land
use, however access for single-family residences should be onto
local streets.
1z913(�s
D. LOCAL streets serve the function of access to property. Local
streets should be designed to carry only small volumes of traffic
(up to 1,000 vehicles/day) and to discourage both high-speed and
high-volume use. The local street network should be relatively
continuous, but individual streets should neither extend much
beyond one kilometer (0.6 mile) in length nor have direct access to
primary arterial streets; access to secondary arterial streets
should be minimized. Local streets should provide access to all
land uses except the most intense uses such as industrial, in-
stitutional and commercial.
t.
TRAFFICWAY DESIGN STANDARDS. The following design standards are recom-
mended for the Iowa City trafficway system. The primary need for these
design standards is to ensure that the proper right-of-way width is
obtained. The designation of primary and secondary arterials and
collector streets in advance of development in order to limit access
along these routes is an important consideration. Trafficway design
standards should be required within the two mile extraterritorial
jurisdiction as appropriate. The pavement design should be in accord-
ante with public works design standards Pro osed Desi n Standards for
Public Works improvements in Iowa Cit , owa, pri 1975 as amended
rom time to t me. evere physics restraints, identified need for
neighborhood protection, and similar factors may require modifications
of these standards when applied to specific areas. Existing arterial
s and collector streets which are below standard will not be widened
unless noted otherwise on the Land Use Plan Map. The typical cross-
sections shown on page 132, do not include turning lanes; the right-of-
way width would remain the same if turning lanes were added. (Note:
These standards have been modified from the standards published in the
Iowa City Plan: Trafficways Report included in Appendix A.)
i'.
I 1. Primary arterial streets are to be developed as boulevards or
expressways, with a median separating opposing flows of traffic.
At intersections medians will be used to provide left turn storage
lanes. No parking is permitted on primary arterials and maximum
acceptable grade is 8%. Access will be controlled and driveways
will not be permitted to have direct access to primary arterials.
The median should be designed to protect vegetation from salt spray
t
and snow removal operations.
2. Secondary arterial streets should be designed as e four-lane
designeda
facil-
ities except in commercial areas where they may b
three-lane facilities. At intersections with other arterial
streets it may be desirable to add a lane for left turn movements
which preclude some landscaping for one-half block in each di-
rection from the intersection. Access will be controlled and
driveways will not be permitted to have direct access to secondary
arterials. No parking is permitted and maximum acceptable grade is
8%. A twenty-five foot pavement (two -lanes) centered in the right-
of-way should suffice as an interim construction project, in newly
developing areas.
130 .13 V'S
3. Collector streets should be developed with a 36 foot wide paving.
This paving width would provide parking on both sides and two
narrow traffic lanes when traffic volumes are relatively low. In
the future, as traffic volumes warrant a change, parking on one
side would be removed to provide a more efficient two-lane facility
for a collector street. If the Council does not desire to provide
on -street parking along collector streets, a 28 -foot facility (two -
lanes) would be adequate. At intersections with arterial streets,
a left -turn lane should be provided by eliminating parking for one-
half block on 36 foot wide streets, or by widening to three lanes
on two-lane facilities. Collector streets should not be longer
than 0.6 miles to discourage through traffic and maximum grade
should not exceed 10%. Driveway access for single-family resi-
dences should be provided on local streets.
4. The primary local street is intended to serve residential areas
which have a density greater than 1 DU/A. This type of street
should not be longer than 0.6 miles and should not provide a direct
route between streets of a higher classification. Parking may be
permitted on both sides of the street and maximum acceptable grade
is 12%. For areas at a density of 8 DU/A or greater, a 36 foot
pavement with a 66 foot right-of-way should be provided if parking
on both sides is desired.
5. The rural local street may be developed in areas with single-family
residential densities less than or equal to 1 DU/A. This type of
street is ideally suited to areas of steep topography, therefore,
maximum grades of 20% are acceptable, provided transitions do not
exceed 12%. The length of this type of local street should not
exceed 0.6 mile. On -street parking would not be allowed. A side-
walk on one side only may adequately serve the neighborhood's
pedestrian needs.
131yaw
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MAJOR STREET CROSS SECTIONS
132
M.L 12 .1 26' 16'I
26 12 4: 1
p111MAN1 LOCAL +' r•
1'114'1 AW 1 1 _v,
RURAL LOCAL':
•tr :. sir
moving
22' 9' 4' 11
60'
131tr
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TABLE OF FUNCTIONAL CLASSIFICATION
The following table serves as a summary of the functional classifi-
cation map. The numbers on the table refer to the classification
on the previous pages
PRIMARY ARTERIALS
FACILITY
FROM
TO
I-80
- entire -
Relocated U.S.
218 - entire -
U.S. 218
Mormon Trek
Woolf Ave.
Woolf Ave.
Riverside Dr.
Riverside Dr.
Melrose Ave.
Melrose Ave.
Rock Island RR
Rock Island RR
Airport Entrance
Airport Entrance
South
U.S. 6
ict.with US 218
Gilbert St.
Gilbert
East
Highway 1
IU.S.c21. with
Jc2,awith
8 relocated
(Burlington Street
Section)
(Dodge and Governor
One -Way Pair)
Dodge and Governor
Intersection
North
Southern 6
Eastern By -
Pass U.S. 218 relocated I-80
FUNCTIONAL
CLASSIFICATION
1
1
1
1
1
1
1
1
1
1
1
1
1
1
133/Jfs
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SECONDARY ARTERIALS
(� FACILITY
FROM TO
FUNCTIONAL
CLASSIFICATION
Camp Cardinal
Road
- entire _
2
Mormon Trek
Boulevard
-entire -
Rohret Road
- entire -
2
2 p
Melrose Ave.
- selected sections -
2
Sunset Ave.
BentonI
North
Benton South
2 L.
2
Benton St.
Mormon Trek Orchard
OrchardDubuque
p
Rocky Shore
Drive
-entire
2
Park Road
Rocky Shore Riverside
-
RiversideDubuque
2
2
Riverside
Drive
U.S. 6-218 Park Road
2
New East-
West Road
South of
1
Airport
- entire
2
Iowa Ave.
Riverside Madison
2
Madison
Court Market
!
2
Capitol
Benton Prentiss
I
2 ,
Court
Madison Gilbert
MuscatineEast
2
2
Market
- entire -
2
-
Jefferson
- entire -
i
2
Dubuque
Benton Kirkwood
2
Jefferson Brown
Brown2
North
2
134
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* For the parts of these roadways that would be used as part of an east by-pass
the functional classification would be 1.
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FUNCTIONAL
FACILITY
FROM
TO
CLASSIFICATION
Gilbert
Market on south
2
Kirkwood
Clinton
Maiden Lane
2
Maiden Lane
Lower Muscatine
2
Prairie du
Chien
-
entire
-
2
Dodge
Burlington
Kirkwood
2
Governor
Burlington
Bowery
2
Bowery
Gilbert
Governor
2
Burlington
Governor
Muscatine
2
Muscatine
Burlington
Court
2
Court
East
2
Rochester*
-
entire
-
2
Sycamore
-
entire
-
2
New East-
West Road
Along South
City Limits
-
entire
-
2
First Ave.
-
entire
-
2
Foster Road
-
entire
-
2
Scott Blvd.*
-
entire
-
2
* For the parts of these roadways that would be used as part of an east by-pass
the functional classification would be 1.
13513 fir
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somemmoA Soso
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TRAFFICWAYS
IIIISTINO ►RO►OSID DIS10N STANDARD
Primary Arterial
Secondary Arterial
Intorrhe"go
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1983 Comprehensive Plan Update
APPENDIX C.2
TRAFFICWAY DESIGN STANDARDS. The following design
standards are recommended for the Iowa City trafficway
system. The primary need for these design standards is to
ensure that the proper right-of-way width is obtained. The
designation of primary and secondary arterials and collector
streets in advance of development in order to limit access along
these routes is an important consideration. Trafficways design
standards should be required within the two mile
extraterritorial jurisdiction as appropriate. The pavement
design should be in accordance with public works design
standards. ( Proposed Design Standards for Public Works
Improvements in Iowa Com, Iowa, April 1975) as amended from
time to time. Severcal e physirestraints, identified need for
neighborhood protection, and similar factors may require
modifications of these standards when applied to specific areas.
(See Table 3 for additional standards relating to sidewalks,
landscaping, and bicycle lanes.)
a. Primary arterial streets are to be developed so that no
parking is permitted and the maximum acceptable grade is
8 percent. Access will be controlled and driveways will
not be permitted to have direct access onto .primary
arterials.
b. Secondary arterial streets should be designed as two-lane
facilities except in commercial areas where they may be
designed as three -lane facilities. At intersections with
other arterial streets a lane for left turn movements should
be added. Access will be controlled and driveways should
not be permitted to have direct access to secondary
arterials. Direct access to property (i.e., street or
private drive) should be allowed to serve large industrial,
commercial, . institutional and residential sites.
Intersections along one side of a secondary arterial street
shall be permitted every 300 feet as measured centerline
to center line. Street Jogs with center line offsets of not
less than 150 feet shall be permitted. In a case of two
collector street Intersections, the center line offsets shall
be 200 feet. Intersections of arterial streets should be at
least 600 feet apart. Where major streets Intersect with
secondary arterial streets, the alignment of the major
street shall be continuous. No parking Is permitted and
the maximum acceptable grade Is 8 percent.
C. Collector streets should be developed as two-lane
facilities. Parking can be provided on one or both sides
with two narrow traffic lanes when traffic volumes are
relatively low. In the future, as traffic volumes warrant a
change, parking may be removed to provide a more
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efficient two-lane :Facilityfor a
f oll
intersections with arterial street.
streets, aclefector
be provided h t -turn lane should
by an ng Y eliminating parking for
one-half block or
9 to three lanes on
Collector streets should not be longer
two-lane facilities.
discourage through
traffic and maxium than one mile to
exceed 70 Percent. Drivewaygrade should not
residences
should be access for single-family
Possible. Provided on local
streets where
d• The local street is intended to serve residential
which have a density
areas
This type op street should
greater than 1 dwelling unit/acre.
not be Ion
and should not provide a direct route betmayweeer n -1
higher classification. miles
sidesstreets a
of the street and thekmaximum
ermitted an both
percent. acce
acceptable grade is 12
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TABLE 3 TRAFFICWAY DESIGN STANDARDS
PRIMARY ARTERIAL SECONDARY ARTERIAL COLLECTOR LOCAL
Traffic Lanes 2 lanes in each 1 lane in each
1 lane in each 1 lane in each
direction; left direction; left direction; left direction
turn lanes at turn lanes at turn lanes at
intersections intersections intersections
with arterial or
collector streets
Dimensions
R.O.W. Width� �
80 -100 66'-80' 66 or 50' So'
Pavement Width 45'-61' 31'-49' 31'-36'
23'-28' i
Sidewalks sidewalks on each sidewalk on each sidewalk on each sidewalk on
side separated side separated side separated each side sep-
from traffic flow; from traffic flow from traffic arated from
can be combined can be combined flow
with bicycle path with bicycle path traffic flow
Bike Lanes/Paths bicycle path an bicycle lane or bicycle lane on none provided
each side sep- bicycle path ' com- each side j
arated from traf- bined with side-
fic flow; can be walk) on each side
combined with '
sidewalk
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Landscaping landscaped median landscaped buffer no special pro- no special pro -
separating oppos- between street and visions visions
ing flows of traf- residential uses
fic is desirable; is desirable
landscaped buffer
between street b
residential uses
Parking no parking no parking parkin on parking
an
one side k
e only one or both
or no parking sides
l� Max. Grade 8% 8% 10% 12%
Access controlled no driveway discourage no special
access; no access driveway access restriction
driveway access for single-fam-
ily residences
/ 3 for
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SX
August 12, 1986
Dear Council Member:
Our home located at 3231 Lower West Branch Road is adjacent to a subdivision item
(S-8614) that you will be discussing tonight.
As a member of the Planning and Zoning Commission, it was difficult to avoid giving
my opinion to other commission members on this subdivision as they reviewed it. I
did not give my opinion, and I must say that I am proud to be on a commission that
votes in accord with what they believe to be correct and fair for Iowa City.
iThe two issues discussed by the Planning and Zoning Commission on this subdivision
-:- - - item, street access onto an arterial road and street standards, are looked at in
all subdivisions with related circumstances.
Now that the Dean Oakes Woods Addition has passed Planning and Zoning, I feel free
to bring my views to City Council on this subdivision.
Both issues, but especially street standards, were looked at by P&Z with consistency
in mind -- how the rules have been enforced for other subdivisions. From a planning
" standpoint, I agree with this consistency. From a neighborhood and adjacent
property owner standpoint, however, I disagree that it is fair to assess us for a
street that will not benefit us or our neighborhood. The cost of upgrading Lower
West Branch Road should be born by the benefitted party or parties. If the bene-
fitted party is the developer, then he/she should pay. If Iowa City benefits, then
they should share the cost with the developer (it is my understanding that there is
a recent precedent for this to occur). If neither of the above can be accomplished,
then should we discuss the developer's proposal of a chip seal coating?
There is one more issue that I would like to discuss with you -- the subject of
notification. In every rezoning, and I believe in every special exception/Board of
Adjustment issue, a sign is placed on the property to notify neighbors of potential
change. This gives the affected parties a chance to address their side of the
issue- With subdivision items, however, this is not done because developers have
a right to develop their property within the confines of the underlying zone. If
I were not currently on P&Z, the potential exists that I would not know of this
possible assessment. Are there others that do not know? It seems unfair that
they could end up being assessed without prior notification.
To summarize my feelings -- the developer is proposing a subdivision that is .
approaching the maximum density standards allowed in an RS -5 zone in Iowa City,
To obtain this density, a road must be upgraded to provide access to one of the
lots. This road has absolutely no benefit to our neighborhood. It is my feeling
that they, or other present or future benefitted parties, should pay for the road.
Thank you for your attention to this matter.
Sincerely,
D
RBP/km
RodneyB. Perry
y
� f,UG 17. 19E6
MARIAN I�. KARR
CITY CLERK (1)
j�lllichttel Mudge (nnnstrttrtiun
931 Maiden Lane
IOWA CITY, IOWA 52240
August 12, 1986
Honorable Mayor and City Council
City of Iowa City
Iowa City, Iowa .52240
I am requesting that the subdivision listed as Heart Oakes Woods
Addition to Iowa City, Iowa, be deferred by the City Council, and refer-
red back to the Planning and Zoning Commission. A revised plat will be
submitted to the Commission for their approval.
Thank you for your consideration in this matter.
HER: 1W
Respectfully submitted,
zjje1,z A --
Michael E. Hodge
Fodr�p
Auc 12 Isr. F
MARIAN K. KARR
CITY CLERK (1)
/3�Fs
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RESOLUTION NO. 86-258
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF HIGHLAND
HEIGHTS SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Richard F. Dvorsky, has filed with the City Clerk of Iowa
City, Iowa, an application for approval of the preliminary and final plats of
Highland Heights Subdivision, a subdivision of Johnson County, Iowa, which is
legally described as follows:
Commencing at a Standard Concrete Monument found at the Northwest
Corner of the Southwest Quarter of Section 19, Township 80 North,
Range 5 West of the 5th Principal Meridian; thence N 90000'00" E, (a
recorded bearing) along the North Line of the South half of said
Section 19, 1294.34 feet; thence S 00000'00" W, 5.73 feet, to the
Point of Intersection of the Centerline of the Existing County Road
with the Easterly Right -of -Way Line of Iowa Highway No. 1, and which
Point is the Point of Beginning; thence N 89042'03" E, along said
County Road Centerline, 438.68 feet, to a 5/8 -inch iron pin found at
Centerline Station 4+12.35; thence N 89033'47" E, along said Center-
line 770.26 feet; thence Southeasterly 243.90 feet, along said
Centerline, on a 169.28 foot rad i%s curve, concave Southwesterly,
whose 223.35 foot chord bears S 49 09'36" E; thence S 07053'00" E,
along said Centerline, 33.88 feet; thence Southeasterly, 241.37 feet,
along said Centerline, on a 168.52 foot radius curve, concave North-
easterly whose 221.26 foot chord bears S 48054'59" E; thence S
89.056'56" E, along said Centerline, 18.65 feet; thence S OOOOO'00" W,
995.71 feet, to a Point in the Existing Fence Line; thence N
89045135" W, along the Existing Fence Line, 115.95 feet; thence S
89055149" W, along the Line of the Existing Fence, 1324.35 feet;
thence N 00057'53" W, 699.20 feet; thence S 89051'36" W, 254.41 feet,
to an iron rail found on the Easterly Right -of -Way Line of Iowa
Highway No. 1; thence N 13031'36" E, along said Easterly Right -of -Way
Line, 492.56 feet to an iron rail found, which is 60.00 feet normally
distant, Southeasterly of Centerline Station 206+00; thence N
09042136" E, along said Easterly Right -of -Way Line 138.32 feet, to
the Point of Beginning.
WHEREAS, the proposed subdivision is located in Johnson County and within
Iowa City's two mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary and final plats of
said subdivision and have recommended deferral of same until the City and
County reach an agreement as to the most appropriate utilization and develop-
ment of Area 4 of the Iowa City/Johnson County Fringe Area; and
WHEREAS, the preliminary and final plats of said subdivision have been exam-
ined by the Planning and Zoning Commission and after due deliberation the
Commission has recommended that they be approved pending City and County
resolution of a development policy for Area 4; and
WHEREAS, the preliminary and final plats are found to conform wj"th all of the
pertinent requirements of the City ordinances of the City of Iowa City, Iowa.
434
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Resolution No. 86-258 "
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
I. That the preliminary and final plats of Highland Heights Subdivision, a
subdivision of Johnson County, Iowa, is hereby approved.
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 l aw.
3. That the City agrees to the construction of a 6" rolled stone base and a j
chipseal road surface, or its equivalent, on Timberland Place as set out I
on the plat of Highland Heights Subdivision, Johnson County, Iowa by or
before the summer of 1988.
It was moved by Courney and seconded by Dickson
the Resolutione adopted, an upon roll call there were:,,:.I !
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 12th day of
August , 1986.
AA {
ATTEST: J,
CITY CLERK
Received 8 Apprpvf.;
!4t
y f A (�' (gal
Ff 7
/344
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF HIGHLAND
HEIGHTS SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Richard F. Dvorsky, has filed with the City Clerk of Iowa
City, Iowa, an application for approval of the preliminary and final plats of
Highland Heights Subdivision, a subdivision of Johnson County, Iowa, which is
legally described as follows:
Commencing at a Standard Concrete Monument found the Northwest
CK ner of the Southwest quarter of Section 19 wnship 80 North
Ran 5 West of the 5th Principal Meridian; then N 90°00'00" E, (a
recor bearing) along the North Line of th South half of said
Section 9, 1294.34 feet; thence S 00°00'00" W, 5.73 feet, to the
Point of tersection of the Centerline of a Existing County Road
with the Eas rly Right -of -Way Line of Iow Highway No. 1, and which
Point is the in of Beginning; thenc N 89 42 03 E, along said
County Road Cent line, 438.68 feet, to a 5/8 -inch iron pin found at
Centerline Station 4+12.35; thence N °33 '47" E, along said Center -
as erly 243.90 feet, along said
s curve, concave Southwesterly,
009'36" E; thence S 07053100" E,
thence Southeasterly, 241.37 feet,
foot radius curve, concave North -
I bears S 48054'59" E; thence S
18.65 feet; thence S 00000100" W,
! Existing Fence Line; thence N
Fence Line, 115.95 feet; thence S
89°55'49" W along the ine of \aong
ting Fence, 1324.35 feet;
thence N 00657'53" W, 69 .20 feet; 89051'36" W, 254.41 feet,
to an iron rail found on the ERight-of-Way Line of Iowa
Highway No. 1; thence 13031'36" said Easterly Right -of -Way
Line, 492.56 feet to n iron rail ich is 60.00 feet normally
distant Southeast ly of Centtation 206+00; thence N
09042'39" E, along said Easterly -Way Line 138.32 feet, to
the Point of Begin ing.
line 770.26 feet; hence Soutl
Centerline, on a 169. 8 foot r
whose 223.35 foot chor bears S
along said Centerline, 33. 8 fee
along said Centerline, on 16 .
easterly whose 221.26 foot o
89056'56" E, along said Cent it
998.71 feet, to a Point n
89 45'35" W, along the E sting
WHEREAS, the propos subdivision is located in Johnson County and within
Iowa City's two mil extraterritorial jurisdiction; nd
WHEREAS, the Depa tment of Planning and Program Devopment and the Public
Works Department have examined the proposed prelimina and final plats of
said subdivisil and have recommended deferral of sam until the City and
County reach an agreement as to the most appropriate util ation and develop-
ment of Area 4/of the Iowa City/Johnson County Fringe Area; and
WHEREAS, the preliminary and final plats of said subdivision ave been exam-
ined by the/ Planning and Zoning Commission and after due de iberation the
Commission has recommended that they be deferred pending Citand County
resolution of a development policy for Area 4; and
WHEREAS, the preliminary and final plats are found to conform with all of the
pertinent requirements of the City ordinances of the City of Iowa City, Iowa.
/3q4
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the preliminary and final plats of Highland Heights Subdivision, a
subdivision of Johnson County, Iowa, is hereby approved.
2. That the Mayor and City Clerk of the City of Iowa Cit
authorized and directed to execute any legal docume s� relating etoesaiid
subdiv' ion and to certify the approval of this
be affix to the preliminary and final Plats olution, which shall
by law. P of er passage and approval
3. That the Cit agrees to the construction Timo
chipseal road urface, or its equivalent on a m rolled stone base and a
on the plat of ighland Heights Subdiv' ion berland Place as set out
before the sumne of 1988. Johnson County, Iowa by or
It was moved by
secondd
the Resolution be a opted, and ondrolI ca 11 by
there were;
AYES' NA : ABSENT:
Passed and approved this
day of
ATTEST:
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
Zuber
1986.
/34
RESOLUTION NO. 86-259
RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESI-
DENTIAL DEVELOPMENT PLAN FOR PHASE V AND THE PRELIMINARY LARGE SCALE
NON-RESIDENTIAL DEVELOPMENT PLAN FOR PHASES VI THROUGH IX OF MILLARD
WAREHOUSE, LOT 1 AND THE WEST 33 FEET OF LOT 2, BDI FOURTH ADDITION,
REPLAT OF LOT 1, BDI FIRST ADDITION.
WHEREAS, the owner, Millard Warehouse, has filed an application for approval
of a preliminary and final Large Scale Non -Residential Development Plan for
Phase V and a preliminary Large Scale Non -Residential Development Plan for
Phases VI through IX for Lot 1 and the West 33 feet of Lot 2, BOI Fourth
Addition, Replat of Lot 1, BOI First Addition; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary and final Large Scale
Non -Residential Development Plan and have recommended approval of same; and
WHEREAS, the preliminary and final Large Scale Non -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;
and
WHEREAS, the preliminary and final Large Scale Non -Residential Development
Plan for Phase V of Millard Warehouse and the preliminary Large Scale
Non -Residential Development Plan for Phases VI through IX are found to con-
form 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:
1. That the preliminary and final Large Scale Non -Residential Development
Plan of Phase V and the preliminary Large Scale Non -Residential Develop-
ment Plan of Phases VI through IX of Millard Warehouse, Lot I and the
West 33 feet of Lot 2, BDI Fourth Addition, replat of Lot 1, BDI First
Addition, is hereby approved.
2. That the City Clerk is hereby authorized and directed to certify the
approval of the resolution and said plan; the owner shall record said
plan at the office of the County Recorder of Johnson County, Iowa, and
return a file -stamped copy of the plan to the City Clerk before the
issuance of any building permit is authorized.
It was moved by Dickson and seconded by McDonald
_ the Resolution be adopted, an upon roll call there were:
13 0
I
Resolution No. 86-259
Page 2
AYES: NAYS: ABSENT:
X Ambrisco
X X Baker
X Courtney
X Dickson
X McDonald
Strait
X Zuber
Passed and approved this 12th day of _ August
1986.
/4MVP&
ATTEST:
L
Recelved 8 ApprovW
By th et r dG
n
/3 fif
i
STAFF REPORT
To: Planning 8 Zoning Commission Prepared by: Monica Moen
Item: S-8616. Millard Warehouse Date: August 7, 1986
GENERAL INFORMATION
Applicant: Millard Warehouse
2710 Highway 6 East
Iowa City, Iowa 52240 I
Contact Person: Alan Harwick
`I
351-2090 i
Requested action:
Approval of a preliminary -and
final LSNRD plan for Phase V and
approval of a preliminary LSNRD
plan for Phases VI through IX.
Purpose:
To permit construction of Phases {
V through IX of Millard Ware-
house.
Location:
Business Development Incorporated
(BDI) Addition, 2710 Highway 6
East
Size:
10.83 acres
Existing land use and zoning:
Warehouse; I-1
Surrounding land use and zoning:
North - undeveloped; I-1 I ,:
East - undeveloped; I-1
South - Highway 6 and undevel-
oped; CN -1 i
West - industrial; I-1
i
! Comprehensive Plan:
Industrial i
45 -day limitation period:
September 8, 1986
i
4 SPECIAL INFORMATION
Public utilities:
Sewer and water service are
available to the site.
Public services:
Police and fire protection are
available. A private hauler will
provide solid waste disposal.
Transportation:
Highway 6 provides vehicular
access to this site,
i
/3r6
Physical characteristics: The topography of the site is
relatively flat.
ANALYSIS
The applicant is requesting approval of a combined preliminary and final
Large Scale Non -Residential Development (LSNRD) Plan for Phase V of Millard
Warehouse and for approval of the preliminary LSNRD plan for Phases VI -IX.
Provided the final plans for Phases VI to IX do not deviate from the parame-
ters of the preliminary plan, the recently amended LSNRD regulations permit
administrative approval of the final plans for these phases. Phase I of this
multi -phase project was approved June 14, 1983. Phase II was approved on
October 11, 1983 and on August 24, 1984, the Council approved the plans for
Phases III and IV. The existing building contains 103,516 square feet of
warehouse space with a 9,311 square foot mezzanine which is partially used
for office space. The proposed expansions would add 12,723 square feet of
warehouse space under Phase V and 42,976 square feet of additional warehouse
space in Phases VI -IX. Both the plan and the statement of intent which has
been submitted specify that Phases V to IX will be used as cold storage
facilities.
The Uniform Building Code limits a B4 occupancy (cold storage) of Type III N
construction to 108,000 square feet of floor area. Section 506(b) is an
exception to this requirement. The area shall not be limited if the building
is provided with an automatic sprinkler system throughout and entirely sur-
rounded and adjoined by public space, streets or yards not less than 60 feet
in width. This regulation applies to the entire building and not just those
phases which cause the structure to exceed 108,000 square feet . Millard
Warehouse presently shows 27 feet of side yard between its building and the
east property line of the tract. An additional 33 feet are proposed to be
purchased from Business Development, Inc. (BDI) in order to satisfy the 60
foot yard requirement. The closing for this real estate sale is expected to
occur on or before August 7, 1986. A letter submitted by the applicant's
attorney describes the intentions of Millard Warehouse to purchase this 33
foot wide strip of property which adjoins its eastern property line. An
option to purchase this property or demonstration of BDI's concurrence with
this proposed sale should also, however, be submitted by the applicant.
Prior to Council approval, the real estate transfer must be consummated.
The number of off-street parking spaces presently provided by Millard Ware-
house exceeds the quantity required by the Zoning Ordinance for all nine
phases of this industrial use. No additional parking spaces are, therefore,
needed for Phases V to IX. A site visit of the facility indicated that
parking spaces are also being provided along the west wall of the Phase II
portion of the building. The plan should be modified to reflect these addi-
tional off-street parking spaces. Although the site plan shows 121 spaces,
note #7 of the plan indicates that 128 parking spaces are provided. This
discrepancy requires resolution. The plan should also indicate the capacity
of each parking area.
At 159,215 square feet of warehouse space anticipated in Phases I to IX, five
off-street loading spaces are required for this use by the Zoning Ordinance.
Although loading spaces are not shown on the plan, an inspection of the site
indicates that 42 loading spaces currently exist at the Millard Warehouse
j facility. The plan should be amended to show the location and dimensions of
i
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each of the loading spaces presently available and of any proposed spaces.
Provided the spaces meet the design requirements for off-street loading
spaces as specified in Section 36-59(b) of the Ordinance, no additional
loading spaces will be required of this use.
Section 36-73(a) of the Zoning Ordinance indicates that whenever a principal
building is structurally altered by one or more additions, the total of which
increases the floor area by more than 10%, the requirements regulating the
number and placement of trees adjacent to and within street rights-of-way
apply. Because the floor area of Phase V of the proposed development is
approximately 11% of the floor area of the existing development, the provi-
sions of Section 36-73(a) must be satisfied. With a lot frontage of 449.87
feet, either 11 large trees planted within 14 feet of the right-of-way line,
or 15 small trees placed within 8 feet of the right -of way line, must be
planted adjacent to the street right-of-way. Four large trees are shown on
the plan; however, a site visit shows that nine large trees have actually
been planted adjacent to the right-of-way. Two additional large trees
planted within the right-of-way and spaced no closer than 30 feet to another
large tree are necessary in order to satisfy the requirements of the tree
regulations. The site plan must be amended to reflect (a) the correct number
and placement of trees presently existing on the site and (b) the size and
placement of additional proposed trees that will satisfy the conditions
imposed on this development by the tree regulations.
The site plan shows a distance of 83.2 feet from the southeast corner of this
development to a point along the southern boundary of the property. This
figure should be 83.02 feet. The plan should also show the height of build-
ings proposed for Phases V through IX to assure that all new structures meet
the dimensional requirements of the I-1, General Industrial, zone. The
proposed development is in compliance with all stormwater management regula-
tions.
STAFF RECOMMENDATION
Staff recommends that consideration of the preliminary and final LSNRD plan
for Phase V and the preliminary LSNRD plan for Phases VI to IX be deferred
but that upon resolution of the deficiencies and discrepancies listed below,
the plans be approved.
DEFICIENCIES AND DISCREPANCIES
1. The concurrence of Business Development Incorporated to the sale of the
33 foot strip of land adjoining the eastern property line of Millard
Warehouse must be shown. Property transfer must be completed prior to
Council approval of this application,
2. The capacity of each of the off-street parking areas should be shown on
the plan. The parking spaces currently provided along the west wall of
the Phase II portion of the building should also be reflected on the site
plan. The plan appears to provide 121 spaces; however Note N7 indicates
128 parking spaces presently exist on the site. This discrepancy requires
resolution.
The location and dimensions of the existing and proposed off-street
loading spaces should be shown on the plan.
/3 feir
id
4
4. The requirements of Section 36-73 regulating trees must be satisfied.
S. The 83.2 foot distance shown on the plan from the southeast corner of the
development to a point along the southern boundary of the property should
be changed to 83.02 feet.
6. The height of the proposed structural additions to the existing facility
must be shown on the plan.
1. The title block of the LSNRD plan should be relabeled "Phase V - Prelimi-
nary and Final LSNRD Plan; Phases VI -IX - Preliminary LSNRD Plan." I {
ATTACHMENTS {
1. Location map.
ACCOMPANIMENTS 1
1. Preliminary and final LSNRD plans. A
Approved by:er, {
D nald Sc mei sDirector
epartmen of Planning
and Program Development i
i'
i
i
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1980
)D MJ�7
RESOLUTION NO. 86-260
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
CURB RA6N_INSTALLATTON PR(1TFr-P _ ckmD iooA mn
WHEREAS, Streb Construction Co. of Irnva Ci Iowa
has submitted the best 11 of 7.931.00 for the construction of the
above-named project.
IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
1. That the contract for the construction of the above-named project is
hereby awarded to Streb Construction Co. of Iowa City Iowa
subject to the con ition tat ewer ee secure aequate performance bon
insurance certificates, and contract compliance program statements.
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, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
It was moved by McDonald and seconded by Strait that
the resolution as read be a opte an upon roll call there were:
AYES: NAYS: ABSENT:
X _ Ambrisco
X Baker
X Courtney
X Dickson
X — McDonald
�Y_ _ Strait
x Zuber
Passed and approved this 12th day of August 19 86.
ATTEST: ]�l ,
�_—TTY CCR�ic
Received R Approves
By The Legal D partmenl
h'6 x86 _
1357
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P
Sealed proposals will be received by the City
Clerk of the City of Ione City, Iona, until 10:30
A.M. on the 5th day of August, 1986, and opened
immediately thereafter by the City Engineer. Propos-
als will be acted upon by the City Council at a
meeting to be held in the Council Chambers at 7:30
P.M. on August 12, 1986, or at such later time and
place as nay then be fixed.
The writ will involve the following:
The installation of 31 curb drops and 670 sq, ft.
of sidewalk with associated grading and seeding.
All work is to be done in strict cmpliance with
the plans and specifications prepared by Francis K.
Fanner, P.E., City Engineer of Iowa City, Joe,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Whenever reference is node to the "Standard Speci-
fications", it shall be the 'Standard Specifications
for Highway and Bridge Construction", Series of
1984, Iowa Deparhrent of Transportation, Anes, Ioa.
Each proposal shall be cmnpleted on a form fur-
nished by the City and must be accompanied in a
sealed envelope, separate from the one containing
the proposal, by either of the following fares of
bid security: (1) a certified or cashier's check
drawn on a solvent Ioa bank or a bank chartered
under the laws of the United States or a certified
share draft drawn an a credit union in Iowa or
chartered udcr the laws of the United States, in an
amount equal to 10% of the bid, or (2) a bid bond
executed by a corporation authorized to contract as
a surety in the State of Iowa, in a penal sun of 10%
of the bid. The bid security shall be made payable
to the T TSU W OF THE CITY CF IM CITY, IOWA and
shall be forfeited to the City of Iowa City as
liquidated dmoges in the event the successful
bidder fails to enter into a contract within ten
(10) days and post bord satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said work, if required, pursuant
to the provisions of this notice and the other
contract documents. Checks of the lowest two or
more bidders may be retained for a period of not to
exceed fifteen (15) days until a contract is awarded
or rejection is made. Other checks will be returned
after the canvass and tabulation of bids is con-
pleted and reported to the City Council.
AF -1
1,4
Payment to the Contractor will be made as srti-
fied in the "Standard Specifications", Article
1109.06.
The successful bidder will be required to furnish
a bond in an amount equal to one nurdral percent
(100%) of the contract price, said bad to be issued
by a responsible surety approved by the City Council
and shall guarantee the prompt payment of all mate-
rials and labor and protect and save harmless the
City from claims and damages of any kind caused by
the operation of the contract, and shall also guar-
antee the maintenance of the tnprovemnt for a
period of 2 years from and after its impletion and
acceptance by the City.
The following limitations shall apply to this
project:
Working Days: 2O
Cmpletion Date: October 3, 1986
Liquidated Damages: $50.00
The plans, specifications, and proposed contract
docur nts may be examined at the Office of Francis
K. Fanner, P.E., by bona fide bidder. Murn all
plans and specifications to the City Engineer's
office in good condition within fifteen (15) days
after the opening of the bids.
Respective bidders are advised that the City of
Iona City desires to employ minority contractors and
subcontractors an City projects.
The Contractor awarded the contract shall suimit a
list of proposed subcontractors along with quanti-
ties, unit prices and amounts before starting oon-
struction. If no minority business enterprises
(HE) are utilized, the Contractor shall furnish
documentation of all efforts to recruit 4ff's.
A listing of minority contractors is available and
can be obtained form the Civil Rights Specialist, at
the Iowa City Civic Center, by calling 319/356-5022.
By virtue of statutory authority, preference will
be given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Tom Statutes. The Iia Reciprocal Preference
Act (SF 2160) applies to the contract with respect
to bidders who are not las residents.
The City reserves the right to reject any or all
proposals and to naive technicalities and irregular-
ities.
Published upon order of the City Council of Ioa
City, las.
MARIAN KAM, Cllr CLEW
AF -2
/3V
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W,
RESOLUTION NO. 86-261
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF n -[E
NORTH DUBUQUE ROAD IMPROVENIENIS PROJECT TO METRO PAVERS; TM=
OF IOIVA CITY. IOVA
I
WHEREAS, bbtro Pavers, Inc. of Imaa City, Irnaa,
has submitted the best bib or $_149,899.25 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 j
hereby awarded to DIetro Pavers Inc. of Iomva City,Iowa I
subject to the condition tat away ee secure adequate performance bon ,
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, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements. f
It was moved by courtnev and seconded by n;ckcon that
the resolution as readbe a od pteT,_a_ndupon roll call there were:
i
AYES: NAYS: ABSENT:
X Ambrisco
X Baker j
.X Courtney
X Dickson
X McIbnald
X Strait
X Zuber
Passed and approved this iJ 2th day of August 19 86.
4 R
ATTEST:CITY CL
ERK
Received R Approved
13 TR Legal �rhmenf
/351
�r 1
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 5th day of August, 1986, and opened
immediately thereafter by the City Engineer.
Proposals will be acted upon by the City Council at
a meeting to be held in the Council Chambers at 7:30
P.M. on August 12, 1986, or at such later tine and
i place as may then be fixed.
The work will involve the following:
The removal of approximately 4450 sq. yds. of
Portland cemnt concrete pavennt, constructing 7 RA
type intakes, 623 ft. of 12" RLP, ffi' of 18" RCP, 94
ft. of 21" RLP, 3 manholes aid approximately 1,840
sq. yds. of 8" thick and 4,550 sq. yds. of 7" thick
mon-reinforced Portland cemst concrete paverent
with associated grading, surface restorations aid
other work required to carplete the project.
All work is to be done in strict compliance with
the plans and specifications prepared by Francis K.
Famer, P.E., City Engineer of Iowa City, Iowa,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Whenever reference is made to the "Standard
Specifications", it shall be the "Standard Specifi-
cations for Highwy and Bridge Construction", Series
of 1984, Ia,a Deparhrent of Transportation, Ares,
j Ias.
Each proposal shall be cenpleted on a form
furnished by the City and rust be accaryanied in a
sealed envelope, separate fran the one containing
the proposal, by either of the following forms of
bid security: (1) a certified or cashier's check
drawn on a solvent Ice bank or a bank chartered
order the laws of the United States or a certified
share draft drawn on a credit union in Iowa or
chartered viler the laws of the United States, in an
amdmt equal to 10% of the bid, or (2) a bid bad
executed by a corporation authorized to contract as
a surety in the State of Iowa, in a penal sun of 10%
of the bid. The bid security shall be made payable
to the TWASIM OF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Iae City as
i liidated daages in the event the successful
bidder fails to enter into a contract within ten
(10) days and post bad satisfactory to the City
insuring the faithful perforiance of the contract
aid maintenance of said work, if required, pursuant
to the provisions of this notice and the other
contract docunents. Checks of the lowest two or
more bidders ray be retained for a period of not to
AF -1
/3.58
I
exceed fifteen (15) days until a contract is awarded
or rejection is trade. other checks will be returned
after the canvass and tabulation of bids is
cmpleted and reported to the City Council.
Payment to the Contractor will be node as
specified in the "Standard Specifications', Article
1109.06.
The successful bidder will be required to furnish
a bond in an aunt equal to one hundred percent
(100X) of the contract price, said bond to be issued
by a responsible surety approved by the City Council
and shall guarantee the prompt payment of all
materials and labor and protect and save harmless
the City from claims and darreges of any kind caused
by the operation of the contract, and shall also
guarantee the maintenance of the inproverent for a
period of 5 years from and after its completion and
acceptance by the City.
The following limitations shall apply to this
project:
Working Days: 40
Conpletion Date: July 1, 1987
Liquidated Damages: $150 per day
The plans, specifications, and proposed contract
docurtewts Trey be examined at the office of Francis
K. Fanner, P.E., by bona fide bidders. Return all
plans and specifications to the City Engineer's
office in good condition within fifteen (15) days
after the opening of the bids.
Prospective bidders are advised that the City of
Ioo City desires to employ minority contractors and
subcontractors on City projects.
The Contractor awarded the contract shall submit a
list of proposed subcontractors along with quanti-
ties, unit prices and eroonts before starting
construction. If no minority business enterprises
(FEE) are utilized, the Contractor shall furnish
dwrreutation of all efforts to recruit FEE's.
A listing of minority contractors is available and
can be obtained form the Civil Rights Specialist, at
the Iae City Civic Center, by calling 319/356-5022.
By virtue of statutory authority, preference will
be given to products and provisions grow and coal
produced within the State of Iona, and to IoKe
danestic labor, to the extent lawfully required
under has Statutes. the Iowa Reciprocal Preference
Act (SF 2160) applies to the contract with respect
to bidders vfwo are not Iae residents.
The City reserves the right to reject any or all
proposals and to wive technicalities and irregular-
ities.
Published upon order of the City Council of Ione
City, I".
wullnrii KARR, cm ctl:mc
AF -2
/,358
RESOLUTION N0. 56-262
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HANDICARE, INC. FOR THE USE OF 1986 COMMUNITY DEVELOP-
MENT BLOCK GRANT (CDBG) FUNDS TO MAKE IMPROVEMENTS TO AND PRO-
VIDE HANDICAPPED ACCESS TO ITS DAYCARE FACILITY FOR DISABLED
CHILDREN.
ii
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant 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, on January 27, 1986, the City of Iowa City contracted with
Handicare to provide CDBG funds to be utilized to assist Handicare, Inc.
in making improvements to and providing handicapped access to its program
site; and
WHEREAS, because of changes in plans, it is necessary to reallocate the
funds which are to be provided to Handicare, and to establish new time
limits on the use of the funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest the
Addendum to the January 27, 1986 Agreement with Handicare, Inc, rela-
tive to improvements to its daycare facility, Said Addendum is at-
tached to this Resolution and is incorporated by this reference
herein.
It was moved 'byand seconded by Strait
the Resolution be a op a an upon rollcall there were:
AYES: NAYS: ABSENT:
�IL_ Ambrisco
X Baker
X Courtney
—X _ Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 17th day of Aumist 1986,
OR
ATTEST: .�%gC y
CITY CLERK "�
N•ahnd A Appnj,,W
eY� • t•t•I D• � m
/3S7
ADDENDUM TO THE
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANPICARE, INC.
FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
TO MAKE IMPROVEMENTS TO AND PROVIDE HANDICAPPED ACCESS TO
ITS DAY CARE FACILITY FOR DISABLED CHILDREN
THIS AGREEMENT, entered into this 12th day of August ,
1986, by and between the City of Iowa City, a municipal corporation
(herein referred to as the "City"), and Handicare, .Inc., a public
non-profit entity (herein referred to as "Handicare"), is an addendum to
the Agreement authorized by Resolution No. 86-9, dated January 14, 1986,
and entered into on January 27, 1986, between the same parties.
WHEREAS, the parties entered into the Agreement, described above, whereby
the City was to furnish $49,000 of CDBG funds to assist in the improve- f
ments to and provide handicapped access to the Handicare facility for
disabled children; and
WHEREAS, Handicare, through unforeseen circumstances, has been delayed in
completing improvements as scheduled in the Agreement, has incurred ineli-
gible costs which cannot be paid for from CDBG funds, and is therefore
required to reschedule completion deadlines and reallocate funding for the
agreed upon project elements.
I
NOW, THEREFORE, the Agreement is hereby amended by striking Parts II and
III and inserting the following in lieu thereof:
II. TIME OF PERFORMANCE:
Handicare shall perform according to the following schedule:
Program Element Deadline
Execute Contract for Ramp Construction August 20, 1986
Complete Ramp Installation November 30, 1986
Execute Contract for Exterior Playground
Improvements October 1, 1986
Complete Playground Improvements December 30, 1986
Execute Contract for Interior Facility
Improvements November 1, 1986
Complete Facility Interior Improvements December 30, 1986
Continued Facility Operation July 1, 1986 -
June 30, 1991
This schedule is subject to change by mutual agreement of the parties,
in writing.
/3S9
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2
III. PROPOSED PROJECT BUDGET:
A. Exterior Renovation
1. Handicapped Accessible Ramp - $22,000
2. Exterior Playground Improvements - Grading, Retaining Wall,
Fence - $12,000
B. Interior Facility Improvements - $15,000
All other provisions of said Agreement are reaffirmed and have full force
in effect.'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 12th day of Aueust , 1986.
CITY OF IOWA CITYHANDICA)RE,INC.
B
Mayor '�m
(resident, board of Directors
TTEST:
Ci�tyQClerk21
) !~AA)
ATTEST: v
Secre(taarr/y, Board of Di ectors
BY Th
y...
,.1 nl
� 6
��s9
-I
I
r
I ..
I
-r
RESOLUTION NO. 86- 263
RESOLUTION AUTHORIZING THE LEGAL DEPARTMENT TO GIVE ASSURANCES CON-
CERNING TRACTS OR LOTS INCLUDED IN ELLIS AND MASKE SUBDIVISION, THE
PLAT OF WHICH IS RECORDED IN PLAT BOOK 14, PAGE 64, PLAT RECORDS OF
JOHNSON COUNTY, IOWA.
WHEREAS, the City Council of Iowa City, Iowa, has read and approved a letter
(copy attached) to be sent to Attorney Robert N. Downer from the City's Legal
Department concerning the City's position with respect to tracts or lots in
the Ellis and Maske Subdivision, and
WHEREAS, although the property is located within the City's two mile extra-
territorial jurisdiction, the plat was recorded without prior City approval .
as required under Iowa Code Chapter 409; and
I
WHEREAS, the City's Department of Planning and Program Development can find
no objection to the design and layout of the subdivision, and no useful i
purpose would be served by attempting to require proper subdivision of the
property as provided in Iowa Code Chapter 409.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the City's Legal Department be and hereby is authorized to advise Mr. Downer
by letter of the City's position that no enforcement action will be taken
regarding the subdivision.
It was moved by McDonald and seconded by Strait
the Resolution be adopted, and upon roll cal 1 there were:
e
AYES: NAYS: ABSENT:
X Ambrisco
S _ Baker
X_ Courtney
X Dickson
X McDonald
X Strait
Zuber
Passed and approved this 12th day of Augus
//t ,
MA R 4d
1986.
y �
i
I
ATTEST: Yh =k
i
CITY CLERK
)
i
Raealvsd i Apprev*O
ey %-Legal oaf 7
�`s�a
T
F
I�
CITY OF IOWA CITY
CIVIC CENTER 410 E. WFSHNGTON ST. IOWA CIT'. IOWA 52240 [319)356-5000
August 7, 1986
Mr. Robert N. Downer
Meardon, Sueppel, Downer 8 Hayes
122 S. Linn Street
Iowa City, Iowa 52240
Re: Ellis and Maske Subdivision, as described on plat recorded in Plat
Book 14, page 64, Plat Records of Johnson County, Iowa.
Dear Mr. Downer;
This letter is to advise you of the position of the City of Iowa City
with respect to the above subdivision. It is our understanding that
this property, which is within the City's two-mile extraterritorial
jurisdiction (Code Sec. 409 1), was not properly subdivided in accor-
dance with Chapter 409 of the Code of Iowa in that the City was not
consulted about the plat, nor did it approve the same as required by
Chapter 409.
The City Council has authorized us to advise you that the City will not
question the issuance of building permits for the above-described subdi-
vision, either now or in the future, nor does it intend to attack the
legal description used to describe the same.
Notwithstanding the above, the City is concerned about the fact that a
subdivision of land did take place in apparent violation of the provi-
sions of Chapter 409, and also perhaps in violation of the provisions of
the Johnson County Zoning Ordinance. The assurance given in this letter
should not be considered as approval by the City of the illegal subdivi-
sion of land, nor should it be considered as any type of precedent in
connection with future situations. indeed, in all probability, the City
will take an active role in attempting to make certain that all applica-
ble regulations and laws are complied with in connection with subdivi-
sions of land over which the City has jurisdiction, whether within or
without the City.
Very truly yours,
Richard J. Boyle
First Assistant City Attorney
cc: Donald Schmeiser
bj3/15
/3 64
91
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9
l 0 'G
RESOLUTION NO. 86-264
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AGREEMENT(S) FOR PURCHASE OF CROPS AND EARLY POSSESSION OF
LAND TO BE ACQUIRED BY THE CITY FOR THE RUNWAY 6-24 EXTENSION PROJECT
AT THE IOWA CITY MUNICIPAL AIRPORT.
WHEREAS, The City Council has approved funding for the Runway 6-24 Extension
Project at the Iowa City Municipal Airport, and in Resolution 86-254 author-
ized the institution of condemnation proceedings to acquire certain real
property necessary for said Project, and
WHEREAS, the City has negotiated the attached three agreements respectively
with John and Allegra Dane, Tom and Karen Williams, and Dean A. and Phyllis
J. Fitzgarrald to acquire possession of three parcels of said real property
prior to final acquisition of said parcels by the City through negotiation or
condemnation, and
WHEREAS, two of the three parcels (the Dane and Williams parcels) are cur-
rently being used to grow crops, and as part of the respective agreements the
City has agreed to pay for said crops, and
WHEREAS, by gaining early possession of said property the City will be able
to commence and finish construction sooner on said Project and thereby qual-
ify sooner for eligibility for federal funding for the airport.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor is hereby authorized and directed to execute and the City
Clerk to attest said three agreements for purchase of crops and early
possession of land to be acquired by the City for the Runway 6-24 Exten-
sion Project at the Iowa City Municipal Airport.
It was moved byand seconded by McDonald
pted
the Resolution be a o, and upo-n—r-ol7call there were:
AYES: RAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
_ Zuber
Passed and approved this 12th day of August , 1986.
IWA YOR
ATTEST:
Iteaah ed 8 MPS
!y iba Local rfiwd
-t
AGREEMENT
THIS AGREEMENT is made this 12th day of August, 1986, by and
between the City of Iowa City, Iowa (City), and Dean A. Fitzgarrald and
Phyllis J. Fitzgarrald, husband and wife (Fitzgarrald).
WITNESSETH:', lI --
WHEREAS, the City is engaged in the improvement of the Iowa City
Airport, and
WHEREAS, Fitzgarrald is the owner of certain real estate which the
City proposes to acquire by virtue of eminent domain proceedings, and
WHEREAS, the City desires to have possession of said real estate
and Fitzgarrald is willing to allow the City to have possession of said
real estate under certain specific terms and conditions without in any
way affecting the rights of Fitzgarrald in connection with eminent -
I
domain proceedings,
IT IS, THEREFORE, AGREED:
1. City shall proceed to bring eminent domain proceedings for
I
acquisition purposes and Fitzgarrald will accept service of the notice
.thereof.
2. City shall be granted possession of the reel estate and air
rights on August 13, 1986. The real estate description is shown on Exhibit "A"
attached hereto and made a part hereof.
3. Any condemnation award arising by virtue of the acquisition by
the City of the Fitzgarrald property interests shall bear interest at
the legal rate (10 percent per annum - simple) from August 13; 1986.
4. This Agreement shall not constitute a waiver by Fitzgarrald of
any claims against the City by reason of the "caking" of property rights
'rr
L,
al
.2 -
nor shall it constitute a bar or waiver of the claim of Fitzgarrald.that
certain air rights are being acquired by the City for which Fitzgarrald
should be compensated. The execution of this Agreement by the City
shall not operate as a bar to any proper defense to any of Fitzgarrald's
claims except that the City shall not claim that it has not obtained
possession of Fitzgarrald's property.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the day and year first above written.
CITY OF IOWA CITY, IOWA
Dean ald
By bnp :: J 'f.. 41 XAA
$ Appro�J Fit ald
BY The legal Department
STATE OF IOWA ) !) IL eb
as:
COUNTY OF JOHNSON )
On this 12th day of August, 1986, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
Willinm .J. Ambrisco and Marian K. Karr to me
personally known, who being by me duly sworn did say that they are the
Mayor and City Clerk , respectively,
of the corporation axecuting the within and foregoing Instrument, that
(the seal affixed thereto is the seal of the corporation) (the
corporation has no seal); that said Instrument was signed (and sealed)
on behalf of the corporation by authority of its Board of Directors; and
I
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that the MaVor and - City Clerk as
officers acknowledged the execution of the foregoing Instrument to be
the voluntary act and deed of said corporation, by it and by. them
voluntarily executed.
Notary Public in and for the State of
Iowa
STATE OF IOWA )
) as:
COUNTY OF JOHNSON )
On this / -# day of August, 1986, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Dean A.
Fitzgarrald and Phyllis J. Fitzgarrald, 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.
Akn n_;_
Notary Public in and f r the State of
Iowa
PIAT OF SURVEY
FOR
IOWA CITY AIRPORT
N .
WIBIT "A"
NE COR.
20-70-8
as
e,1
w o
10
SOUTHEASTERLY R.O.W. LINE —�
OF PRESENT STATE HIGHWAY NO. / ad S 24' 50' 80' E
102.0'
S 187.0G•.W S0' 1!' W Sam
i
SIA'
• o e
SCALE: 1'. 100' apo 000• m
H
O SET IRON PIN �B• a1.1S ACRES =
• FOUND IRON PIN
CENTERLINE OF
COUNTY ROAD aP
Y• o
0
CENTERLINE OF ORIGINAL
STATE HIGHWAY NO. 1
DUA A. f1T1GRarLo AMU Sinus FI)jOMALLO
That pert o1 the at IN of the K 111 of Settle. 20, TornlHp )9
MHA, Mrqe 7 Well. Illnp lsuarutnlr s/ prefm{ t[at1 Mlphnp M. 1,
he...A, of the O"ll I Stets N19Mq b. 1, eN mHntof brlp of lM
twnt, roc/. I. jonean Scanty, Iwt. of<rlMd a follont
(omen iq at the Ot torpor of Sall Section 20t !Mics, S 0I• a3• Y
$is" the tart IIM of 1210 Of 111 1 /ltOat of 70.0 Feet to 1 paint
en h, faatolarlp rlpl•0e-n, llpo el pHmt 3b4 NI/Mq M, li
theme S L• N• Y Ian Said rIght•oMay IIM 261.1 batt Urge S 11
$9• 30. 1 11a1 fall rllAt•nf.rH 11M IO2.0 fertt theta N 16• N. Y
HSM ua rl1hl•sl•r., IIM 87.3 feat" went. S 11• SI' Y .10M Said
rlant•mMH lig 11.0 felt to 1 win me the untnllro of the tare,
/rtil Illinl iawatterlr Dien, 111/ ant w amid ce.terllM 117.1 feet
Ororp a ceMeel IMI. of 2S• So• SO• b . cele She the tMarlla area
of SaII Sal IMI SUIw MI9h.aSy No. 11 all anis lot MIM Nrplt
"Me roit11 OIN 6' Samurai curve 16S.4 feel on Of unterllnr of
1.11 arglesl Sate NI/1nrm, ly, 1, laid wraN tune MtIM a chard Mar.
IM N 10 01. 1, a I'd Is of S17.96 fret. eN onun fNra H,, Orw9h
,,.IIf6'04111 of /11the", 2MS01'e1SMS"IN1 Of 141CMI on Of laid lift
NINN sold /nt IIM oN told
ceelHllro If 4,191.11 1121• xltwIr b. 1 1 dlfaMe of 197.6 left to
the pelhl of 1491mIM• So.talnlq 1.10 ISH, mal" as, IH$., Subject
So Ibe CmAll road IN elt/eera a regrl, for the Nme, of all
"IcrlHlem W Int lac of the I/ 111 11 12fwd to Mar S 01• /S' N,
I MM1r [4,1111 INIt oil Shop. Fist. Sure,, Or Isom .1 all be as 4,
.noel as d111111111MYI IaperYlllm She that 1 a a wIN IMIIa IN TIN
Mnaer war W bat H Ne Saa el Iw1.
FEBRUARY 2TORS
w6' 1. c eel.
Tal bplltntlm too. 100
/m1 .a. 1511
Jae M. 2110
SndM 0 Ya. /20
/3t/
I
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T
i
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n
AGREEMENT
THIS AGREEMENT is made this 12th day of August, 1986, by and.
between the City of Iowa City, Iowa (City), and Tom Williams and Karen
Williams, husband and wife (Williams).
I
WITNESSETH:
I
i
WHEREAS, the City is engaged in the improvement of the Iowa City
Airport, and
WHEREAS, Williams is the owner of certain real estate which the
City proposes to acquire by virtue of eminent domain proceedings, and �.
WHEREAS, the real estate which the City desires to acquire is now -�
being used by Williams to grow corn, and
i
WHEREAS, the City desires to have possession of said real estate
and Williams is willing to allow the City to have possession of said
real estate under certain specific terms and conditions without in any
way affecting the rights of Williams in connection with eminent domain !
proceedings,
i
IT IS, THEREFORE, AGREED:
1. City shall proceed to bring eminent domain proceedings for
acquisition purposes and Williams will accept service of the notice
thereof,
2. Not later than September 1, 1986, the City shall pay Williams
the sum of One Thousand Five Hundred Thirty-four Dollars ($1,5311) for
the 1986 corn crop.
3. City shall be granted possession of the real estate and air
rights on August 13, 1986. The real estate description is shown on
Exhibit "A" attached hereto and made a part hereof.
/154/
T
-2-
4, Any condemnation award arising by virtue of the acquisition by
the City of the Williams property interests shall bear interest at the
legal rate (10 percent per annum - simple) from August 13, 1986.
5, This Agreement shall not constitute a waiver by Williams of
any claims against the City by reason of the "taking" of property rights
nor shall it constitute a bar or waiver of the claim of Williams that
certain air rights are being acquired by the City for which Williams
should be compensated. The execution of this Agreement by the City
shall not operate as a bar to any proper defense to any of Williams,
claims except that the City shall not claim that it has not obtained
possession of Williams, property.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the day and year first above written.
!p CITY OF IOWA CITY, IOWA
B �tii/ /!� i�G�.tw+rl�
Tom Williams
. �
w
RecMvod B A illiams
{
By The Lep "ADeparhnenl
STATE OF IOWA
as:
i COUNTY OF JOHNSON )
On this 12th day of August, 1986, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
William J. ,mhri o and )Urian K. Karr , to me
personally known, who being by me duly sworn did say that they are the
T ---�
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Mayor and -it Clerk •respectively,
of the corporation executing the within and foregoing Instruatent, that
(the seal aff.xed thereto is the seal of the corporation) (the
corporation has no seal), that said Instrument was signed (and sealed)
on behalf of the corporation by authority of its Board of Directors; and
that the Mayor and City Clerk
as
officers acknowledged the execution of the foregoing Instrument to be
the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
—L �y140 o o I
Notary public in and for th
Iowa e State of
STATE OF IOWA )
COUNTY OF JOHNSON 1as:
On this / L� of August, 1986, before me, the undersigned, a
Notary public In and for the State of Iowa, personally appeared Tom
Williams and Karen Williams, to me known to be the persons named in and
who executed the foregoing Instrument, and acknowledged that -they
executed the same as theirvoI---- ` —
/3G/
PLAT OF SURVEY
FOR
IOWA CITY AIRPORT
NW COR.
W m
o• •p
wo 3 0
� N W
m
Z O
N
S
89°
w
°i Ja 5,20 Acres ±
� N
� N
O N
7-1
/
up
N S2°05.30'W
Scele:l' : 200'
O Set Iron Pin
I'
lOx M. YILLIDNS 9.0 p.tx VILLIMS - .
70
tt Wrt °r tn. SL 114 of tn. xJ 114 of Solon 11. 7awff.ID 19
Mort.,. { 9.tt, JoMton LDuey. lo-., d44CM.0 .t fella..
I no.b1 tntlli toll IMs xf0. 1111, Sun[/ er "W" "' e4.1. $1 v or
111.1 y °Inti D.H���I ..D4.b loo .b t..t I ✓ . eul9 Ip Isured LOW
Sunryor uno.1 Le Ifo of lot Stab of Iw..
y�
t._.r...•V '! "�S 7 . 1[11111. .
la.f hpbuaion.. SDO
Wu. e.. IIWr na+uJAG..aN
CJI1
Jo° 4. 111110
Drulni Mo. 161t
1361
1
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• -T
AGREEMENT
THIS AGREEMENT is made this 12th day of August, 1986, by and
between the City of Iowa City, Iowa (City), and John Dane and Allegra
Dane, husband and wife (Dane).
WITNESSETH:
WHEREAS, the City is engaged in the improvement of the Iowa City I.;.
Airport, and
WHEREAS, Dane is the owner of certain real estate which the City r,I
proposes to acquire by virtue of eminent domain proceedings, and
WHEREAS, the real estate which the City desires to acquire is now
being used by Dane to grow soybeans, and
WHEREAS, the City desires to have possession of said real estate
and Dane. is willing to allow the City to have possession of said real I.
estate under certain specific terms and conditions without in any way
� I
affecting the rights of Dane in connection with eminent domain
proceedings,
IT IS, THEREFORE, AGREED:
i
1. City shall proceed to bring eminent domain proceedings for
acquisition purposes and Dane will accept service of the notice thereof,
2. Not later than September 1, 1986, the City shall pay Dane the
sum of Six Thousand Seventy-five Dollars ($6,075) for the 1986 soybean
crop.
3. City shall be granted possession of the real estate and air
rights on August 13, 1986. The roil estate description is shown on
Exhibit "A" attached hereto and made a part hereof,
136/
i9A
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4. Any condemnation award arising by virtue of the acquisition by
the City of the Dane property interests shall bear interest at the legal
rate (10 percent per annum - simple) from August 13, 1986.
S• This Agreement shall not constitute a waiver by Dane of any
claims against the•dity by reason of the "taking" of property rights nor
shall it constitute a bar or waiver of the claim of Dane that certain
air rights are being acquired by the City for which Dane should be
compensated. The execution of this Agreement by the City shall not
operate as a bar to any proper defense to any of Dane's claims -except
that the City shall not claim that it has not obtained possession of
Dane's property,
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the day and year first above written,
CITY OF IOWA CITY, IOWA
Retehrot! E A AYYd ra Dane
Pproved
Ey 1116 le4 gal Department
STATE OF IOWA ) $ — g(,
COUNTY OF JOHNSON ss;
On this 12th day of August, 1986, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
William J 4mbrisco and Marian K. Karr , to me
personally known, who being by me duly sworn did say that they are the
1341
.3.
Dl Xor and City Clerk
respectively,
of the corporation executing the within and foregoing Instrument, that
(the seal affixed thereto is the seal of the corporation) (the
corporation has no seal); that said Instrument was signed (and sealed)
on behalf of the corporation by authority of its Board of Directors; and
that the Mayor and City Clerk
as
officers acknowledged the execution of the foregoing Instrument to be
the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
Iocary ruolie in and for the State of
owa
STATE OF IOWA )
COUNTY OF JOHNSON ss:
On this -Zf,;�Iay of August, 1986, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared John
Dane and Allegra Dane, 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 ,
I
NW COR PLAT OF SURVEY
21-7e—e FOR
0. IOWA CITY AIRPORT
3 ;
e Sp0 4'
~ N 74r 22
0
N
i
i
IoN
ii GEY� �
N i J 40,04
�i Acres±
MV& 0 .OM WE. J0.
That hall 01 11", West 1l1 Of be Nl Ill sl SKtlen 71, lanlAl/ 79
Worth.unla 1 Wast. )ONaw bun V. Toa, arurlh0 a 10110-n
fusee" It am W Como e11tl0 Sr011M 711 tion" $ 01' IS'
eNO1 hY
IM Yetl Ion• o/ 1510 YI 1/1, /uun" of 111.0 /Nt to "palm
0pinnlnp IhNO ."Ma S CI' IS• V 11-9 IIIY YOIt IIn1 1511.1
lu4 Uanf1 1 71. 00' 1 p1r111e1 011Y he ItS.Y u" she
• "n"rl one
ulemlen 11 bne1Y 71.1 el Ih tat of Nlryort "01.1 1111 b be ('it
l one 01 uI/V 1/7 a1 lea 10111: tuna Y OI. O' f elmp ul0 btl Ilia
1717,1 htl, Ihn" 3 71. 0p' Y 1.6 ."N en0 560.0 het IroO 1110
74- 1?' M Itlanllon of IImw1J 71.1 Ultu,,, " ",.I fret, toms, Y
7/' 7T Y 100.0 felt to the plat of his 9Im Ino, f0nb011n9 40.04."x,
i" of IIII. S„OJKI W the [ounl) M 1n1 "tWn11 If BION. /Or
,he10 mer, I oi'urpose IIS-IY 4Krlp"m, the to It Ilea e/ tl0 w 1// Is "1eY/
I Arrau, fertile thl Iola h/. Flat, Surnl Ol o."'I .el red, y K"
YnJ1I O, 011efl Daflpnll fuperv111Dn Ino t1.11 I " 1 .Lie rest,, ... I LIN
IY1•tJOr w0u Un b.1 01 Un Suh 01 1-1.
F��� •A.tV 2/ /9AS !/� /�
10.1 bit"r"IDn Ml.h
Iw1 r0. /7G9
J'L N' /• /10
O SET IRON PIN
I
N
SCALE:�1i20p'
CIL IAO XO. yC2 O 1% i
I
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I
e
RESOLUTION NAMING DrPOSITORIES Res. k 86_265
Iowa Official Form No. 697 Scctiun 453.2 of the Code
BE IT RESOLVED by the
Cl ty Of _ ••-"' •"••"""`• """ .......r. or ¢noel alracto". city council, or other porun Ing Coi
IOwa Citv In _ Johnson
(loon nen wanly, lawnshlp, school distrld,clty,arotlnr pollttalsuodlvl,lon) County, Iowa: That we do hereby designate
the following named banks to be depositories of the _Ciaa V Of f
Owes i y
(Insert hr ty, towmhlp,fmool dlstrld, dty,oromar polltlulsupolvhlon)
funds in amounts not to exceed the amount named opposite each of said designated
depositories and the - CI tV T�aSUrer
(inlays n u ty t as , to nsmp erev b herebyy authorized to deposit
k, school district treasurer, city treasurer, or other legal cdstodlm)
the City of Iowa City
(I^ae u tv t hep, n of dnl,lct,cay,or.tna pont) funds in amounts not to exceed in the aggregate the
amounts named for said banks as follows, to -wit:
NAME OF DEPOSITORY
LOCATIONMaximum
Deposit
in effect under prior
COUrtneY
Maximum Deposit
under this
First National BankretolddOn
204 F
None
resolution
Washing nn (g_
City, IA
a non non 1
s
—]n non non
Hawkeye State BankIowa
209 South Dub (g
1,250,000
Zubor
750,000
Iowa State Bank &Trust
Iowa City, IA
102 S. Clinton
1
s
SEAL
Hills Bank &Trust
(g_
Iowa
Iowa City, IA
8,000.000 1
s—
8.000 000
Section 433:1 De its In tonal. AD funds
held In the hands of the follewln{{ officers or
fistitutlona
wav 6
Iowa City, IA l+
1
s—
81000,000
Merchants National Bank
2nd Ave. &3rd St. SE(g
-0-
shall
all funds not needed for current operating ea-
masa In "me eertlDesta of deposit in banks
Pst
ba depodted lu •named bank shall not be In -
ceeand except with the approval of the the -
toter of
American Federal Savings
Cedar Rapids, IA
1930 Lower Muscatine
1
s
—25,000,000
ublk hap�W or merged uo haplW, by the
Bandtrssanr, b the shy so ma (or the county
Iowa City, IA ls-0-
8,000,000
of hcopinl trwtess; for a memorW hot
term
mom a bank or a pdvan bank, a danced
It
county to keep on Na with the county tree•
n elleims,
(+
)
s
—
The vote on the resolution b As follows:
AYES:
(+ ) a
(+ 1 s
(+ ) s
(+ ) s
NAYS:
COUrtneY
None
Dickson
McDonald
ABSENT; Baker
Strait
Zubor
Ambrisco
Dated at I W1 't
, Iowa, this 12th day of - AtlRtist ,19 86
SEAL
771.,....E
��
l .. Lam risco,
•
Mayor _
Y:csat4lluotca':rk
OTEI The foregoing revel Ian should bd attifitd in dupllnte to the Treasurer of State, after approved by him, his findings will be endorsed on
one copy,whkh wrN be returned to the proper officer for his Neo.
Section 433:1 De its In tonal. AD funds
held In the hands of the follewln{{ officers or
fistitutlona
pial commission. for a school corporation, by
the bond of school directors; how
action 324,107,
52
ed he deposited a boob er are
tiro approved by the appropr4te governing
body Indkate
provided,
ever, that the trearuter of nate and the tree•
toter o! oath poUtkil subdlrWan Invest
Son
403.3 fnrrraae rondllbnal/y pro-
hibited. The maximum amount so permitted to
o For thhe ntssura of ante,
by the eOtcutivs CommtE• fol the ¢only tree•
shall
all funds not needed for current operating ea-
masa In "me eertlDesta of deposit in banks
Pst
ba depodted lu •named bank shall not be In -
ceeand except with the approval of the the -
toter of
clerk of Uu a,jrjnit o, eri(f`to�wk ip e�ltgrlka.,
by the board of tupenitGo9 for the city
:to
d s o� roved depositories Pursuant to this
452.10, The W v (mubikpdepodtndb
nate,
Satidn 454,6 Duty Of heururarr. It hall be,
of
f aher l school
ublk hap�W or merged uo haplW, by the
Bandtrssanr, b the shy so ma (or the county
andtlOft lhe
amounts stra fty dipoilted therein shaU be a
math of publk record. The "bank"
tureen of (Ilan dedftinty f y
the city councU, and town,hip design of the
of hcopinl trwtess; for a memorW hot
term
mom a bank or a pdvan bank, a danced
It
county to keep on Na with the county tree•
n elleims,
In
curer a Wt such oriel.
'P -C41947 9/7R
bahtrad II Approver
ly Thome Legial7�D9epa�rfm•yni
5
City of Iowa City
MEMORANDUM
Date: August 7, 1986
To: City Council
From: Nancy Heaton, City Treasurer
Re: Request that the Council consider recommended changes in the
approved depository listing and in the maximum deposit amount for
current depositories
The funds to be received from the $38,950,000 sewer revenue bond sale will
exceed the depository limit set by the depository banks as approved on
Resolution No. 85-268. Current depositories have been contacted regarding
increasing the deposit maximum. Responses were:
1. Iowa State Bank (Lu Feldman) will hold at $8,000,000.
2. Hills Bank (Jim Pratt) will hold at 28,000,000.
3. Hawkeye State Bank (Barb McNeil) requested theirs be dropped from
$1,250,000 to $750,000.
4. First National Bank (Russ Schmeiser) agreed to increase from
$8,000,000 to $10,000,000.
So that alternative investment opportunities are available to the invest-
ing officer on these funds, we request that Merchants National Bank of
Cedar Rapids be added to the list of approved depositories. Merchants has
submitted the appropriate forms and is on the listing of depositories
approved by the State Treasurer's Office.
In addition, I am reconnending that American Federal Savings & Loan be
deleted from the depository listing as the Iowa City office has been
closed.
Mid-America Savings (Mike Mencel at the Waterloo office) is approved by
the State Treasurer as a public funds depository. A letter will be writ-
ten requesting depository status with the City of Iowa City pending ap-
proval of staff at Mid-America Savings.
I enclose a copy of the current resolution, the deposit agreement and the
depository fee agreement that the Finance Director would execute with
Merchants National Bank if approved as a depository bank.
bdw4/2
Enclosure
/36Aw
�i
16
RESOLUTION NO. 85-269
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE THE DEPOSIT
AGREEMENT AND THE DEPOSITORY FEES AGREEMENT WITH THE DEPOSITORIES
AUTHORIZED BY THE CITY COUNCIL.
WHEREAS, the City Council"authorizes, by resolution, the designation of
1 depositories and the amount of deposits allowed to be placed at each
institution; and
WHEREAS, the City is required by the State of Iowa to enter into a Deposit
agreement with each institution receiving City monies above the federally
insured amount of $100,000..00; and
WHEREAS, the City additionally requires that each approved depository enter
into a Depository Fees Agreement with the City of Iowa City which requires
that any and all fees and revisions thereto to be charged are identified and
given to the City in writing thirty days prior to the implementation of such
fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the
Director of Finance is the public officer hereby authorized to execute the
Deposit Agreement and the Depository Fees Agreement, respective copies of
which are attached hereto, and are incorporated herein by reference.
It was moved byErdahl and seconded by Strait
the Resolution be a opte an upon roll call there were: that.
AYES: NAYS:, ABSENT:
--X — AMBRISCO
— X BAKER
— X DICKSON
—X ERDAHL
—X MCDONALD
X STRAIT
—�— -- ZUBER
Passed and approved this 27th day o� Au ust 1985
ATTEST: L ,
LLCwR
Recalved d
Approved
By The legal
�
Dal men
136;L
I
T
i
Depository Fees Agreement
This fees agreement is made this day of , 19_, between
and
(herein after referred to as Depositor) to efine t e terms o anyees at
may be charged for the handling or investing and pledging of public body
funds.
1. Depository may set reasonable fees based on the costs involved in
handling public funds deposits and investments including the pledging of
securities as collateral for these funds.
2. If a depository decides to change such fees, the fee shall be identified
as to the services provided and the charge, and notification of such fee
shall be given to the Depositor in writing addressed to the Director of
Finance, City of Iowa City, at least 30 days prior to the implementation
of such fees.
3. If the Depository decides to change a fee, at least 30 days notice shall
be given to the Depositor in the same manner as outlined in paragraph 2
of this agreement.
4. This depository agreement may be terminated by either party herein upon
60 days written notice to the other. All public funds deposited with
Depository, plus interest, if any, shall be remitted to Depositor, and
all service charges owing by depositor, shall be paid in full prior to
termination. In the event of termination when funds are held by the
Depository in time deposits or other accounts providing penalties for
early withdrawal, Depository shall maintain and continue such accounts,
including the collateral for such accounts, if any, until maturity of
those accounts.
Dated as of the day and year first above written.
DEPOSITORY: DEPOSITOR:
By: BY:
its its
/3402
I
-1
uteUbdf AUKtrMtri
THIS DEPOSIT AGREEMENT is made this day of
by and between of
Iowa (Depositor , and
Depository . a
19
—a
Iowa
1. In consderauon of site mutual promotes conwned herein and odor good and ,raluabie consideration. dee Panes hereto agree as falwa.
2. Depository ahaa recon and ufely keep ag public funds of Depositor fiat be
shd Rmbwse and pay the funds to ^'d'/ deposited en tled to a :b duly publiauthic
funds.
. wtie. and
Depositor be. a its duly authorued olAcer, a erry person lawfully moiled to recmR dine pubo lands. whersever
requested! a Won rrsanmty. as due rax maybe.
3. Depository shat pay weer on site pubic funds which ore time of
ds kwe me settl es trs epo it ymay sset ab a mus equal w a grcater dun dw, sit by
n9 S1 ria released ro in Chagos 453 d the Iowa Cade. Depository mode aeresa a sent* chu9r wth ragecs so the handing of
deD
of Pubic hands placed by Depowar. provided such dna w shat not be gcater dun charges the Depository cusu r y requires form other
Depodaus fa ssralar savica Al such fres, d any. wil be noted accaduagily on du monthly statement praAded to Deposita and dal be due and
Papblaupon eceiPsdar.1
4' Depo•4y siW at al tines mamiakn a his and compote account of al pabat funds deposited by Depositor and render to Deposita
� d edh Deposdoeyshalaba
tallmhonandpayalPmPachack.uvrtanb.adetaBabolDeMvt
pouPdramawd
Depository provided al checks, weuuob, aides, Of drafts are properly executed according b this Deposits Agreement and
comply with site terrete of dw reipeAlve account ageenrrnb belwan pepaitdy and Depyla.
5 Depdtory sIW honor and pay al duds, "manta oedn or dralb baud by Depositor when the checks. warmnb, orders, Of dmfs
ednbin !r stgswsae of an other desiguud by site governing body Ansi aPPeadrg on the siguture cod on Ne as the Deposilwy Depository shall
be repordbk for v "en6odon dot the signature appearlig on the checks. warrants. aden, or drafts is an authentic 4uttune and Depository dal be
WA for any Ids of pubic funds released on its request and supported by an umurhorued pgmrum. Deposita shall be responsible to ensure dost
the sigutur authorisation card on AM cosh Depoway cantairs norms and accurate inkmudon
Q DeDoafay"in the every due amount Of Pubic funds deposited by Depositor. bnckrdig accuted interest t Brew. exceed the amount
covered by federal dept insurance, hmedutely W date procedures reqused under Chapter 453 of the Iowa Code to secure such funds or renvi
such acus funds to Depadar.
7. This Depasit Agreement may be terminated by eithn party only upon 60 days written notice b site odor. Provided al pubic lords
deposited with Depositary, dos interest If any. shat be remitted to Deposita, and al sente charges owing by Depositor. if any. shop be paid in tug
prior b Wff*uker. tn the aunt of tesminadon by dor Dtpostory when funds are held by the Depository in time deposits a other accounts
providing Ptnsides for early widdmwal. Depository shall maintain and continue such accounts. including the cogateml for such accounts, it any. and
netylyd diae accourys
Dated as of dine day and year Ars above writtm.
Dated as of the day and year first above written.
DEPOSITOR:
BY:
its
DEPOSITORY:
LIA
Its
/3Gz.