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HomeMy WebLinkAbout1985-05-14 Resolutioni i u RESOLUTION NO. 85-130 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: (See attached list) It was moved by Strait and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Ambrisco X Baker X Dickson X Erdahl X McDonald Strait X Zuber Passed and approved this 14th 19 85 . FrditsmMayor ABSENT: X X day of May , Attest:�i)o, l " R✓tLl city Clerk M_ CIGARETTE PERMITS: July 1, 1985 to June 30, 1986 May 14, 1985 Meetin 85-o Peoples Drug #5281, 121 E. Washington 85-7 Peoples Drug #5276, 2425 Muscatine Avenue 85-8 Pester Marketing Company #59, 302 S. Dubuque Street 85-14 Pester Marketing Company #58, 606 S. Riverside Drive 85-17 George's Buffet, 312 Market 85-27 Leo's Standard Service, 130 N. Dubuque 85-33 BPO Elks #590, 637 Foster Road 85-35 Johnson County Jail Commissary, 511 S. Capital Street 85-36 Seaton Cash 6 Carry Market, 1331 Muscatine Avenue 85-41 AM -PM Mini Mart Corporation, 2303 Muscatine Avenue 85-43 Amelon's Services, Inc., 204 N. Dubuque 85-48 Pearson's Drug Store, Inc., 202 N. Linn Street 85-54 John's Grocery Inc., 401 E. Market 85-83 14atts Food Market, 1603 Muscatine Avenue 85-123 Dickey's Save A Lot, 1213 S. Gilbert Court 85-140 IGnart Corp., 901 Hollywood Blvd. May 21 1985 Meetin U RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF SITE OPTION AGREEMENT WITH ECUMENICAL HOUSING CORPORATION AND FIRST CHRISTIAN CHURCH, WHICH ARE JOINTLY ACTING ON BEHALF OF A NON-PROFIT CORPORATION TO BE FORMED. WHEREAS, the City of Iowa City, Iowa, has negotiated a site option agreement with Ecumenical Housing Corporation and First Christian Church, which are jointly acting on behalf of a non-profit corporation to be formed, a copy of said agreement, regarding the proposed sale of public property as described in said agreement, being attached to this resolution and made a part hereof, and WHEREAS, a public hearing was held before the City Council on May 7, 1985, on said proposed sale of public property, and WHEREAS, the City Council has determined that the need for Senior Citizen housing continues to exist in the Community of Iowa City which should be met, and WHEREAS, the City Council deems it in the public interest to enter into this agreement and to sell the property pursuant to the terms of the agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE IOWA CITY COUNCIL AS FOLLOWS: 1. That the Mayor and City Clerk are hereby authorized and directed to respectively execute and attest said site option agreement with Ecumeni- cal Housing Corporation and First Christian Church. 2. That the Mayor and City Clerk are hereby authorized to respectively execute and attest a deed conveying the property upon the exercise of said site option agreement and fulfillment of its terms and conditions. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this ATTEST: CITY CLERK NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of , 1985. MAYOR fteo W A Approved By Ve Legal De AmenI SbB SITE OPTION AGREEMENT This Agreement is between the City of Iowa City, Iowa (hereinafter referred to as "Seller") and Ecumenical Housing Corporation and First Christian Church, which are jointly acting on behalf of a non-profit corporation to be formed (such new corporation is hereinafter referred to as "Buyer"). FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties do hereby agree as follows: 1. Subject to the terms and conditions stated below, Seller hereby grants to Buyer the right to purchase the following described real estate located in Iowa City, Johnson County, Iowa, to wit: Beginning at the northwest corner of Lot 4 Block 43 Original Town, thence east along the north lot line of Lot 4 and Lot 3 of Block 43 108 feet, thence south approximately 153 feet to the north right-of-way line of the east -west alley through Block 43, thence west along the north right-of-way line of the alley approximately 18 feet, thence south 96.30 feet along a line parallel to and 11 feet east of the east lot line of Lot 5 Block 43 Original Town, thence west 89.57 feet to the west lot line of Lot 5 Block 43, thence north along the east right-of-way line of Gilbert Street 250.32 feet to the point of beginning including the alley located therein and vacation thereof. subject to easements and restrictions of record for public utilities, and subject to the following easements and restrictions: a. The alley right-of-way which Seller is agreeing to convey shall be subject to easements for public utilities and for public ingress and egress. b. The portion of the property lying south of the aforesaid alley and the portion now occupied by a public parking lot (approximately the northerly 75 feet of the above-described real estate) shall be subject to the Seller's reservation of air rights above ten feet from the finished land surface of such property, with the right to go onto the underlying land to install supports for a structure or structures above said land. The parties agree that if a closing is to be held hereunder, they will, prior to said closing, enter into another agreement spelling out the rights and responsibilities of each if the Seller elects to exercise its rights to use the reserved air rights. 2. If not exercised as provided below, the foregoing option shall expire upon the first to happen of the following: (a) Buyer's failure to file in a timely manner an application for a fund reservation from the U.S. Department of/ Housing and Urban Development (HUD) of funds for construction upon the Property of a HUD Section 202 Housing Project for the Elderly, (b) Buyer's failure to obtain such fund reservation or (c) November 30, 1985, with the understanding that said date deadline may be extended eighteen (18) months upon mutual agreement of the parties hereto. 3. The foregoing option shall be exercisable only if Buyer receives a fund reservation as described above, and shall be exercised as follows: Buyer shall notify Seller in writing that it has been officially notified that it has received a fund reservation of HUD funds, enclosing a copy of the notifi- cation. Upon receipt of such notification, Seller shall cause an abstract of title to be prepared for the Property and delivered to Buyer for examination showing merchantable title to the date of continuation in accordance with Iowa Title Standards. 4. Seller agrees to give Buyer possession of the Property sixty (60) days after receipt of the foregoing notice of exercise of option, or at such later time as may be mutually agreed by the parties. 5. Upon payment by Buyer to Seller of the purchase price of one hundred twenty-five thousand dollars (#125,000), which shall be paid prior to or by the date of possession, Seller agrees to contemporaneously execute and deliver to Buyer a general warranty deed upon the form approved by the Iowa State Bar Association which shall be subject to the easements and restrictions described in paragraph 1, above. 6. In the event this option agreement is exercised, it is agreed that the Buyer shall construct on a site located upon the above -describe real estate 75 dwelling units of subsidized housing for low income elderly persons and that the preliminary design plans for same must be approved by the Seller prior to the conveyance of said real estate. 4F90?- -2 - be demolition or 7. it is greed removalaf from the ssite eofuany existinger shll tstructuresnsonithe oab above-described real estate. Dated this day of May, 1985. BSELLER BUYER CITY OF IOWA CITY, IOWA By: By On Behalf of Ecumenical Housing Corp. Mayor p„ Attest Dickson introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT: McDonald, Zuber NAYS: None ! Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 85-131 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF ... SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the require- ments, is of the opinion that it is necessary and desirable that portland cement concrete sidewalk be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct a portland cement concrete sidewalk, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Portland cement concrete sidewalk, four feet wide, four inches thick, with necessary grading, driveway, returns and miscellaneous, removal and replacement in front of properties as shown in the Preliminary Plat and Schedule of Assessments, on the streets following: Sheridan Avenue - South side from Oakland Avenue to Seventh Avenue -2- ANLCRS. COONEY, DORWCILCR. HAYNIE. SMITH a ALLOCC. LAWYERS, DCS MOINES. IOWA x'93 Hollywood Boulevard - North side 2016 Hollywood Boulevard Capitol Street - West side from Benton Street to C.R.I.&P Railroad Pleasant Street - East side from Rochester Avenue to Bloomington Street Pleasant Street - West side from Rochester Avenue to Bloomington Street Harlocke Street - North Side Harlocke Street - South Side Rochester Avenue - South side from Post Road to Mount Vernon Drive Benton Street - South side from Mormon Trek Blvd. to Teg Drive Dover Street - West side in front of Mercer Park Friendship Street - South side from Seventh Avenue to First Avenue Friendship Street - North side from Seventh Avenue to First Avenue Bloomington Street - North side from Reno Street East Bloomington Street - South side from Mott Street East Weeber Street - West side from Harlocke Street to Benton Street Weeber Street - East side from Harlocke Street to Benton Street First Avenue - West side from Court Street to Rochester Avenue Subdivision C. That the City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and spe- -3- AMLCRS, COONEY, DO.WCILER. H.YNIC. SMITH a ALLOCE. LAW,C.S. DES MOINCS. IOWA cifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: Properties in front of which the sidewalk improvements are constructed. � Subdivision E. The said improvement shall be designated as the FY1986 Sidewalk Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 14th day of May , 1985. t' aro tem Mayor tG' ATTEST: Clerk ka { I -4- A"L[ns, COOHCY. ODAWCILCM, H.1"¢. SMITH s ALLOCC, LAWYCRs. DCs MOMCS. IOWA Dickson introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT : McDonald, Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RES. 85-132 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the FY1986 Sidewalk Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessment", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 14th day of May , 1985. ATTEST: Clerk Pt6' lim Mayor -5- AHLCRS, COONEY. DORWCILCR, HAYNIC. SMITH 0 ALL"E4 LAWYCRS, DES MOINES, IOWA go Dickson introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl_, Strait, Ambrisco, Baker, Dickson ABSENT : McDonald Zuber NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 85-133 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIOMS FOR THE CONSTRUCTION OF THE FY1986 SIDEWALK ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the FY1986 Sidewalk Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and ! plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the -6- AHLCNS. COONEY. DORWCILCP. HAYNIt. SNIT. a ALLOCC. LAWYERS, DCS MOINES, IOWA proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer plat, be and the same are hereby fixed as the boun- daries for said FY1986 Sidewalk Assessment Project. PASSED AND APPROVED, this 14th day of May 1985. pro7f9M Kayor ATTEST: D Y Ai Cler i AHLER9. COONEY, OORWCILER. HAYNIE. SMITH a ALLOCC. LAWYERS. DCS MOINES. IOWA g9s Dickson introduced the following Resolution entitled "RESOLUTION OF NECESSITY (PROPOSED)", and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Strait, Ambrisco, Baker, Dickson ABSENT : McDonald, Zuber NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Res. 85-134 RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the FY1986 Sidewalk Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the FY1986 Sidewalk Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. -8- ANLERS. COONEY. DO"WCILER. HAYNIE, SMITN B ALLOEE, LAWYERS, DCS MOINES. IOWA WA- Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock P.M., on the 4th day of June , 1985, in the Council Chambers, Civic Center, 410 E. Washington St., for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment pro- cedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substan- tially the following form: I I j -9- AHLENS. COONCY. DORWEHICN. MhYNIC. SMITH O ALLOCC. LAWYCR5. DC5 MOINES. ION'. �� CITY OF IOWA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sidewalk improvement, designated as the FY1986 Sidewalk Assessment Project, of the types and in the location as follows: Portland cement concrete sidewalk, four feet wide, four inches thick, with necessary grading, driveway, returns and miscellaneous, removal and replacement in front of properties as shown in the Preliminary Plat and Schedule of Assessments, on the streets following: Sheridan Avenue - South side from Oakland Avenue to Seventh Avenue. Hollywood Boulevard - North side 2016 Hollywood Boulevard. Capitol Street - West side from Benton Street to C.R.I.&P. Railroad. Pleasant Street - East side from Rochester Avenue to Bloomington Street. Pleasant Street - West side from Rochester Avenue to Bloomington Street. Harlocke Street - North side. Harlocke Street - South side. Rochester Avenue - South side from Post Road to Mount Vernon Drive. Benton Street - South side from Mormon Trek Boulevard to Teg Drive. Dover Street - West side in front of Mercer Park. Friendship Street - South side from Seventh Avenue to First Avenue. Friendship Street - North side from Seventh Avenue to First Avenue. Bloomington Street - North Side from Reno Street east. Bloomington Street - South Side from Mott Street east. Weeber Street - West side from Harlocke Street to Benton Street. Weeber Street - East side from Harlocke Street to Benton Street. First Avenue - West side from Court Street to Rochester Avenue. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Properties in front of which the sidewalk improvements are constructed. The Council will meet at 7:30 o'clock p.m., on the 4th day of June, 1985, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Ne- cessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he had filed objections with the Clerk. i INTRODUCED AND PROPOSED at a meeting held on the 14th day of Mav 1985. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: May 14, 1985 Time of Meeting: 6:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Procedure to initiate the FY1986 Sidewalk Assessment Project. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity (Proposed). Such additional matters as are set forth on the addi- tional 6 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa AHLCH6. COONEY. DORWCILCR. HAYNIE. SMITH S ALLOCC. LAWYERS, DES MOINES, IOWA i