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HomeMy WebLinkAbout2002-11-05 Resolution Prepared by: Mitchel T. Behr, Assr City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-374 RESOLUTION OF INTENT TO CONVEY APPROXIMATELY 200 SQUARE FEET OF BENTON STREET RIGHT-OF-WAY TO KATHLEEN STEVE, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 19, 2002. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating approximately 200.63 square feet of Benton Street right-of-way; and WHEREAS, The adjacent property owner, Kathleen Steve, has made an offer to acquire the property, subject to easements for existing utilities and the condition that it be maintained as a grass area, in exchange for approximately 228 square feet of her property adjacent to Maiden Lane; and WHEREAS, the City Public Works Department recommends that the City obtain the 228 square feet of Ms. Steve's property adjacent to Maiden Lane in connection with the Maiden Lane right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey its interest in the approximately 200.63 square feet of Benton Street right-of-way, to Kathleen A. Steve, adjacent property owner, subject to easements for existing ublities and the condition that it be maintained as a grass area, in exchange for approximately 228 square feet of her property adjacent to Maiden Lane. 2. Public hearingon said proposal should be and is hereby set for November 19, 2002 at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center 410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the Ci!,y Council thereafter as posted by the City Clerk, and that the City Clerk is hereby d~rected to cause notice of said public heanng to be published as provided by law. Passed and approved this 5th day of November ., 20 02 Approved by ATTEST....~,~_,..~. ~ ~ C~ /~'/'~/~"- CI'~I-Y CLERK ' mitch/NNSTC/hieronymilalleyconvey/res-convey.doc Resolution No. 02-374 Page 2 It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-375 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 347 SOUTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on April 8, 2002, the owners of 347 South Governor Street executed a Mortgage in the amount of $3,231.40; and WHEREAS, the loan was paid offon October 25, 2002; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 347 South Governor Street, Iowa City, Iowa from a Mortgage recorded April 12, 2002, Book 3271, Page 161 through Page 165 of the Johnson County Recorder's Office. Passed and approved this 5th dayof November ,20 02 Approved by C~i~/Atto(ney's Office It was moved by Champ'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppd reha b/re s~347 sgov.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 347 South Governor Street, Iowa City, Iowa, and legally described as follows: The South 45 ¼ feet more or less of Lot 20 in Block No. 1, of Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record. from an obligation of the owner, Vance and Susan Moore, to the City of Iowa City in the total amount of $3,231.40 represented by a Mortgage, recorded April 12, 2002, Book 3271, Page 161 through Page 165 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds prior/) ~nt. upon title to the above property by reason of said recor~L~d docum MAYOR Approved by ATTEST: CITY"CLEI~K City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~' day of ~o~., L~ , A.D, 20 D';',, , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. og.-$'7.5, adopted by the City Council on the .c~ day dF /~,~,,--/=~_,,- , 20 03, and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab\347sgovrel.doc ~ a'~,~ ~ SONDRAE FORT [~'~1~ ¥~ Commission Number 159791 I'.~.-'1 My Commission F.~S Prepared by: Mitchel T. Behr, Assr City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-376 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT AGREEMENT LOCATED ON 2264 SOUTH RIVERSIDE. WHEREAS, the City possesses a sanitary sewer easement on property located at 2264 South Riverside Drive; and WHEREAS, a party pumhasing the property, Forest Park Partners, has requested that said easement be released; and WHEREAS, the City Public Works Department recommends the release of said held sewer easement because it is no longer necessary as a result of the City's construction of the Willow Creek Interceptor Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to release the currently held sewer easement through property located at 2264 South Riverside Ddve. 2. The City of Iowa City does hereby abandon, release, and relinquish all dght, title, and interest in the sanitary sewer easement area acquired by virtue of the permanent sanitary sewer easement agreement recorded at Book 401, Page 259, with the records of the Johnson County Recorder, and the Mayor is hereby authorized to sign and the City Clerk to attest a release of said easement sufficient for recordation and approved by the City Attorney's Office. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the appropriate release and easement agreement, said recording cost to be paid by the City. Passed and approved this 5th dayof November ,20 02 MAYOR Approved by City Att(~r~'s Offic~ - ' Resolution No. 02-376 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Mitch Behr, Asst. City Attorney. 410 E. WashinRton St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF EASEMENT The City of Iowa City does hereby release all its dght, title, and interest in and to the permanent sanitary sewer easement held by the City by virtue of the Easement recorded at Book 401, Page 259, in the records of the Johnson County Recorder. Approved by City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this --~ day of /~ou~-,L~,-- , A.D. 2002, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed 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 Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 4lSONDRAE FORT I ICommisslon Numbe~ t597911 I My Co~nlissiol~ E.~re$ I Notary Public in and for the State of Iowa My commission expires: ~- '7- o3 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-377 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE STEINDLER ORTHOPEDIC CLINIC, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for the Steindler Orthopedic Clinic, as constructed by Bowker Mechanical Contractors, LLC of Cedar Rapids, Iowa. WHEREAS, a maintenance bond has been filed in the City Engineer's Office; and WHEREAS, the Steindler Orthopedic Clinic is located on Lot 25 of Highlander Development Second Addition and the parcel of land located directly east thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and the public improvements hereby formally accepted and declared open for use. Passed and approved this 5th dayof Nov ~- , 20 02 . Approved by CIT~LERK City ,A, ttorneyrs Office It was moved by ChamDion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn pweng~res\steindler.doc ENGINEER'S REPORT October 28, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Steindler Orthopedic Clinic Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for Steindler Orthopedic Clinic has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's Office for the sanitary sewer improvements constructed by Bowker Mechanical Contractors, LLC of Cedar Rapids, Iowa. The Steindler Orthopedic Clinic is located on Lot 25 of Highlander Development Second Addition and the parcel of land located directly east thereof. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rich r~d Fosse, P.E. City Engineer 410 CAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5250 RESOLUTION NO, 02-378 RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY WHEREAS, the City of Iowa, City, Iowa, has been informed by Prairie Garden IHA Limited Partnership, that a Iow income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Catskill Court, Whispering Meadow Drive and Indigo Court in Iowa City, Iowa with a legal description as follows: Lots 14, 15, 17, and 18, East Hill Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 36, Page 9, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. Lots 82, 82, 94, 95, 162, and 163, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, this housing project will contain 14 units; and WHEREAS, the units will be targeted to families (i.e., elderly, family, special needs, mixed income, rent subsidized); and WHEREAS, the project will be a new construction; and WHEREAS, the property will have the following amenities: Washer and dryer hook-ups in each unit Garage for each unit WHEREAS, the Sponsor has received a commitment of local assistance through City of Iowa City HOME Investment Partnership funds. NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City Governing Body, that we support and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2003. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this ~ day of NovPJ3~e~ , 20 02 .. Approved by CI'PT'CLERK Cit~;~,ttor~ey's Office ppdcdbg\res\catskillct.doc Resolution No. 02-378 Page 2 It was moved by Champion and seconded by 0'Donne'l] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5250 RESOLUTION NO. 02-379 RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY WHEREAS, the City of Iowa, City, Iowa, has been informed by Prairie Garden IHA Limited Padnership, that a Iow income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 912, 913 and 914 2"d Avenue in Iowa City, Iowa with a legal description as follows: The north 1/2 of Lot 4, in Block 6, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. WHEREAS, this housing project will contain 3 units; and WHEREAS, the units will be targeted to families (i.e., eldedy, family, special needs, mixed income, rent subsidized); and WHEREAS, the project will be an acquisition and rehabilitation or adaptive reuse or rehabilitation; and WHEREAS, the property will have the following amenities: Community Space Computer Learning Center Management Office NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City Governing Body, that we suppod and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2003. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this 5th dayof Nove r ,20 02. MAYOR Approved by ......., City Atto~ey's Office ppdcdbg\res\912-9142nclave.doc Resolution No. 02-379 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5250 RESOLUTION NO. 02-380 RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY WHEREAS, the City of Iowa, City, Iowa, has been informed by Prairie Garden IHA Limited Partnership, that a Iow income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at Whispering Meadow Drive in Iowa City, Iowa with a legal description as follows: Lot 159, or Lot 160, or Lot 161, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, according to the plat thereof record in Book 34, Page 99, Plat Records of Johnson County, Iowa. WHEREAS, this housing project will contain 1-2 units; and WHEREAS, the units will be targeted to families (i.e., elderly, family, special needs, mixed income, rent subsidized); and WHEREAS, the project will be a new construction; and WHEREAS, the property will have the following amenities: Washer and dryer hook-ups in each unit Garage for each unit NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City Governing Body, that we support and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2003. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this 5th day of November' 20 02 . Approved by City Attorney's Office ppdcdbCres\whispmdwdr.doc Resolution No, 02-380 Page 2 It was moved by Champ i on and seconded by 0~Donne'l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 02-381 RESOLUTION APPROVING THE EXTERIOR SIGNAGE TO GAMERS IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicants, Apex Construction and Old Capitol Town Center, Inc., have filed an application for the design approval of the exterior facade of Gamers in the Old Capitol Town Center, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior faCade for Gamers in the Old Capitol Town Center be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 5th dayof November ,2002. ATTEST:cITY'CLERK'' ' City Attorney's O'~ce pwengVes\gamers doc Resolution No. 02-381 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn BRONZE A'-UM AND INSULATED GLASS TYPICAL' MAPES __/// \NEW 3'X~O' W" EXISTING B" BLOCK TEMPERED INSULATED L-TEMPERED INSULATED AND BRICK VENEER WALL. GLASS AT ENTRANCE-- GLASS AT ENTRANCE TEMPERED INSULATED ~ t~. ~ \.~ PANIC EGRESS HARDWARE- CLINTON STREET ELEVATION SCALE -- 1/4"----1'--0" (FOR 24. X ,36 SHEET) oUStNG ioWA & iNsFECTiONciTY, IowASERVtC~' I I 14., 0 1' Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-382 RESOLUTION AUTHORIZING CONVEYANCE OF PORTIONS OF VACATED PORTIONS OF RIGHT OF WAY ALONG SOUTH FRONT STREET, THE 100 BLOCK OF WEST PRENTISS STREET, THE 100 BLOCK OF WEST HARRISON STREET AND THE ALLEY BETWEEN THE 100 BLOCKS OF WEST PRENTISS AND WEST HARRISON STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, WITHOUT COMPENSATION WHEREAS, On November 5, 2002, the City Council will consider final adoption of two ordinances, one vacating several small portions of right-of-way along Front Street between Burlington and Prentiss Streets as well as the west half of the 100 block of West Prentiss Street, and the second ordinance vacating the right-of-way comprising the east half of the 100 block of West Prentiss Street, the 100 Block of West Harrison Street and the 20' wide alley between the 100 Blocks of West Prentiss and West Harrison Streets; and WHEREAS, the vacation and disposition of the vacated property will facilitate redevelopment of the area by the University of Iowa/Iowa State Board of Regents; and WHEREAS, the adjacent properties have been acquired by the University of Iowa/Iowa State Board of Regents for redevelopment of the area, and as such redevelopment is by a governmental body for a public purpose, it is proposed that said property transfer be made without compensation to the City pursuant to Iowa Code §364.7(3); and WHEREAS, the City will retain access and utility easements, as appropriate, over the subject parcels to ensure the integrity of existing utilities and to ensure pedestrian access to the riverfront; and WHEREAS, the City does not need the vacated right-of-way to provide access to properly in the area and the disposition of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute the documents necessary to convey the City's interest in the vacated portions of right-of-way along Front Street between Burlington and Prentiss Streets as well as the west half of the 100 block of West Prentiss Street, and the right-of-way comprising the east half of the 100 block of West Prentiss Street, the 100 Block of West Harrison Street and the 20' wide a~ley between the 100 Blocks of West Prentiss and West Harrison Streets to the University of Iowa/Iowa State Board of Regents without compensation, subject to the retention of utility easements for existing utilities and subject to the retention of public access easements as necessary to ensure continued pedestrian access to the riverfront. Resolution No. 02-382 Page 2 2. The City Attorney is authorized to prepare all necessary documents required by Iowa Code §364.7 (2001) to convey said property and retain said easements, and is authorized to record said documents in the Johnson County Recorder's Office at the purchaser's expense. Passed and approved this 5th day of November ,20 ~? . /~ ,' MAYOR Sara~i71anduse/Ul(CRANDIC -res auth convey Resolution No. 02-382 Page 3 It was moved by Wil burn and seconded by 0' Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X . Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-383 RESOLUTION AUTHORIZING CONVEYANCE OF THE 23-FOOT WIDE GRAND AVENUE COURT RIGHT-OF-WAY, COMMENCING FROM THE NORTH RIGHT- OF-WAY LINE OF MELROSE AVENUE AND EXTENDING NORTHWARD FOR A DISTANCE OF 295 FEET, TO THE UNIVERSITY OF IOWA. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating 6,785 square feet of Grand Avenue Court right-of-way; and WHEREAS, the University of Iowa, owner of adjacent property, wishes to acquire said right-of- way from the City; and WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a governmental body for a public purpose, without monetary compensation; and WHEREAS, one of the University of Iowa's parcels of property adjacent to the right-of-way contains a structure locally known as the Cannon-Gay House; and WHEREAS, the parcel of property containing the Cannon - Gay House is duly designated as an Iowa City Historic Landmark, the Cannon-Gay House is a house listed on the National Register of Historic Places and it is in the City's interest to protect its cultural and historic resources; and WHEREAS, on October 29, 2002, the City Council adopted a resolution declaring its intent to convey said right-of-way property to the University of Iowa subject to certain conditions; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that the conveyance of said right-of-way property to adjacent property owner University of Iowa, subject to (1) the Iowa Board of Regents' execution of a written covenant that the original portion of the Cannon-Gay House built in 1884 shall be subject to Iowa City's Historic Preservation Regulations, and (2) retention of easements for City water and sanitary sewer utilities currently existing within the right-of-way, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Subject to approval of documents by the City Attorney's Office, the Mayor and City Clerk are hereby authorized and directed to execute a quit claim deed, as well as any other necessary documents, to convey 6,785 square feet of Grand Avenue Court right-of-way commencing from the north right-of-way line of Melrose Avenue and extending northward for a distance of 295 feet, to the University of Iowa, upon satisfaction of the following conditions by the University of Iowa: (a) The Iowa Board of Regents' execution of a written covenant, to be recorded with the Johnson County Recorder, agreeing that the original portion of the Cannon-Gay House built in 1884 is a duly designated Historic Landmark and shall be subject to the City's Historic Preservation Regulations, as amended. (b) The Iowa Board of Regents' execution of a water main and sanitary easement agreement for said utilities currently existing utilities within the right-of-way. Resolution No. 02-383 Page 2 Passed and approved this 5th day of November ,20 02 MAYOR App~ by .. ATTEST:~ Cit~ ,~tti~ It was moved by O'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn mitch/B/UI-GAC/res-g rdavect doc Presentation to the Iowa City Council at their 11/05/02 meeting by Jean Walker, a member of the Melrose Avenue neighborhood VOTE FOR CONVEYANCE OF GRAND AVENUE COURT TO THE UI I am very disappointed that the Council voted to vacate Grand Avenue Court before the traffic study is comvleted. I thank the members who voted against vacation. Now comes the vote to convey the street to the UI. As I've said, the UI doesn't need the street to comvlete the ALC. But the CiW and other citizens of Iowa CiW DO need it until the traffic study is complete. We need it because it could ve_ry well be essential (at least in part) for a new alignment of Melrose or Grand Avenues that arises from the study. In vacating the street, the UI, in addition to being able to complete the ALC, also gain the benefit that no traffic will be allowed on that street - so essentially they get their pedestrian campus - without the City even having to convey the street. So please show that you care about the citizens of Iowa City - and please don't compound what I and many others feel is an error of vrematurely vacating the street by actually handing over the street to the UI - don't vote to convey Grand Avenue Court to the UI - AT LEAST UNTIL THE TRAFFIC STUDY IS DONE. Thank you, .lean Walker 337-5201 Prepared by: Rober~ Miklo, Sr. Planner, 410 E. Washington St., Iowa City, fA 52240 (319) 356-5240 (SUB02-00017) RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest Residential Community, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Lot 2 and Outlot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of Johnson County, Iowa, and Auditor's Parcel #2001- 001 (Lot 1) as shown on the plat recorded thereof in Plat Book 42, Page 28. +12.173 acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and . directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,20__ MAYOR Approved by ATTEST: CITY CLERK City It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn p pda d mi n/res/silve rcrest.d o~ STAFF REPORT TO: Planning & Zoning Commission Prepared by: Robed Miklo Item: SUB02-00017 Silvercrest Final Plat Date: October 3, 2002 GENERAL INFORMATION: Applicant: Dial Companies 11506 Nicholas St. #200 Omaha, NE 68154 Contact person: Merlin Lawrence 402-493-2800 Requested action: Final Plat Purpose: To allow development of four 4-unit townhouse style buildings and four 24-unit apartment buildings on 8 lots. Location: Southeast corner of Scott Boulevard and American Legion Road Size: 12.18 acres Existing land use and zoning: Vacant, OPDH-12 Surrounding land use and zoning: North: Residential for Elderly and Medical Office, OPDH-12 East: Religious Institution, County RS South: Manufactured Housing Park, County RMH West: Residential, RS-5 Comprehensive Plan: Intersections such as this are appropriate locations for mixed uses and medium density residential development. The Plan encourages the creation of group living facilities for seniors. File date: September 26, 2002 45-day limitation period: November 10, 2002 60-day limitation period: November 25, 2002 SPECIAL INFORMATION: Public utilities: City water service is available for this property. The applicant has built a sanitary sewer line in the right-of-way of Scott Boulevard in order to provide service to this property. Public services: Police and fire will be provided by the City. Transportation: The nearest bus route is the Towncrest route, which passes through the intersection of Village Green Boulevard and Muscatine Avenue, approximately 1/4 mile west of this property. BACKGROUND INFORMATION: In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The City Council recently approved an amended OPDH plan and preliminary plat to allow construction of four 24-unit independent living apartment buildings and four 4-unit town house style buildings. The applicant is now seeking approval of the final plat. ANALYSIS: The final plat is in general conformance with the approved preliminary plat. Deficiencies and discrepancies are noted at the end of this report. The plat depicts 8 lots that will contain residential buildings and 2 outlots that will contain storm water facilities. Private streets will provide access from American Legion Road and Silvercrest Place (an existing private street) to each lot. Staff is reviewing construction drawings and legal papers, which must be approved prior to City Council consideration of the final plat. STAFF RECOMMENDATION: Staff recommends that SUB02-00017, a final plat of Silvercrest Residential Community, Pad 2, a 12.17-acre, 8-lot subdivision be approved subject to staff approval of construction drawings and legal papers prior to City Council consideration of the final plat. ATTACHMENTS: 1. Location map 2. FinalPlat Approved by: Jeff Davidson, Assistant Director Depadment of Planning and Community Development ppdadr~sffrep/OO-OO2Orm.doc ID-RS $~['1'F', I'.OCA"['I'OIN: American Legion Rd. & Scott Blvd. SUB02-00017 FINAL PLAT AMERICAN LEG]ON ~OAD ( '?JJ~ D' z SILVERCREST EESIDENTIAL COMMUNI~- a ~;_~ ~_~ - ~ ~ ~ i ' ~12,175 ACRE~ "'~ ~ 2 ~ LOT x . h~ ~ / LOT ~ Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-384 RESOLUTION AUTHORIZING CONVEYANCE OF 656 SOUTH GOVERNOR STREET TO GARY HUGHES. WHEREAS, the City condemned the property located at 656 South Governor Street as a public nuisance; and WHEREAS, the City has entered into a contract, subject to formal approval by the City Council, for the sale of the property to Gary Hughes for $26,000, for demolition of the currently existing structure and construction of a new residential structure; and WHEREAS, on October 22, 2002, the City Council adopted a resolution declaring its intent to make said conveyance; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that the conveyance of the property to Gary Hughes for $26,000, for demolition of the currently existing structure and construction of a new residential structure, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written contract, in a form approved by the City Attorney, to convey the property located at 656 South Governor Street to Gary Hughes for $26,000, for demolition of the currently existing structure and construction of a new residential structure. 2. The Mayor and City Clerk are hereby authorized and directed to execute said contract. 3. The Mayor and City Clerk are hereby authorized and directed to execute a deed and and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to deliver said documents to Gary Hughes. Passed and approved this 5th day of November ,20 02 . Appreved by ATTEST:cITY'CLERK~ City A'ttbr~'ey~ Office~ mitch/A/condemnation miscellaneous/656 S Gov/CC conveyance docs Resolution No. 02-384 Page 2 It was moved by 0'Donne] ] and seconded by Kanner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-385 RESOLUTION AUTHORIZING CONVEYANCE OF 707 WALNUT STREET TO EDWIN TEAGLE. WHEREAS, the City condemned the property located at 707 Walnut Street as a public nuisance; and WHEREAS, the City has entered into a contract, subject to formal approval by the City Council, for the sale of the property to Edwin Teagle for $65,000, for rehabilitation of the currently existing structure; and WHEREAS, on October 22, 2002, the City Council adopted a resolution declaring its intent to make said conveyance; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that the conveyance of the property to Edwin Teagle for $65,000, for rehabilitation of the currently existing structure, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written contract, in a form approved by the City Attorney, to convey the property located at 707 Walnut Street to Edwin Teagle for $65,000, for rehabilitation of the currently existing structure. 2. The Mayor and City Clerk are hereby authorized and directed to execute said contract. 3. The Mayor and City Clerk are hereby authorized and directed to execute a deed and and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to deliver said documents to Edwin Teagle. Passed and approved this 5th day of November ,20 02 Approved b.y .. ClT'~CLERK City Attbrney's C~ffice ~ ' mitch/A/condemnation miscellaneousg'07 Walnut/CC conveyance dccs Resolution No. 02-385 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ,~ O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 02-386 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA: Exhibit A is adopted as the assessment schedule pursuant to Iowa Code § 384.60(1 ). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. The assessment cannot be paid in installments. All unpaid assessments not paid within thirty (30) days after passage of this resolution shall bear interest at the rate of 8% per annum. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. For thirty (30) days following passage of this resolution, payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. Resolution No. 02-386 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the assessment schedule. Passed and approved this 5th day of November ,2002. Approved by Cit~ city Attorney/s Office It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn sue\Ord&Re$~,AbateRes.doc Properties to be Assessed Prepared by Pamela J. Thodos Property Address Legal Parcel Appraised Property Service Date of Cost of Invoice Account Invoice Description Number Value Owner Rendered Service Service Number Numbers Totals 2230 Hollywood Fair Meadows 1024251006 $78,880 Ingle, Gary Weed 5/31/02 $75.00 1311 13420 $75.00 Blvd add 2nd Unit Lot Removal 43639 9Blk3 1191 Hotz Ave RaphaelPlace 1011307001 $123,870 Pan'is, Warren Sidewalk 7/02/02 $456.00 2058 14370 $456.00 Lot 32 Repair 43639 1158 Hotz Ave Raphael Place 1011326022 $97,210 Putman, Sidewalk 7/02/02 $252.00 2056 14370 $252.00 W40' Lot 17 Richard C Repair 43639 308 SGovernor St Iowa City 1010487007 $103,300 Hearity, Sidewalk 7/11/02 $470.00 2093 14370 $470.00 Outlots S 38' of Robert Repair 43639 N 90' of WS0' Ouflot 1 411 Lucas St Beg 106.2' N of 1015103008 $131,340 Loan, Sidewalk 7/11/02 $80.00 2104 14370 $80.00 NE Cor of Lot 1 Randolph Repair 43639 Oakhill add;W161.5' N 53' E 161.5' S 53' to Beg Land inNE Sec 15-79- 6 SofOLlot 28 620 S summat St sumrmtHills 1014235004 $366,820 MacFarlane, Sidewalk 7/11/02 $180.00 2118 14370 $180.00 Add, SD of Lots Donald E Repair 43639 5&63S½of Lot 2, Lot 3 & S 50' of Lot 4 Blk 3 1034 Burlington St J & J W Clarks 1011387017 $138,260 Pa~on, David Sidewalk 7/11/02 $260.00 2132 14370 $260.00 Add E 40' of W S Repair 43639 59' Lot 23 Properties to be Assessed Prepared by Pamela J. Thodos Property Address Legal Parcel ! Appraised Property Service Date of Cost of Invoice Account Invoice Description Number Value Owner Rendered Service Service Number Numbers Totals 1319 Muscatine Ave Harvat & Stack 1011369003 $88,470 Teagle, David Sidewalk 7/11/02 $160.00 2113 14370 $160.00 Survey of Kosers A Repair 43639 Add Com at A pt on Swly L Muscatine Ave 182.6' Nwly From Iht of N/L Court St with Swly/L Muscatine Ave; W 106.6' to a Pt 125' N N/L Court St Nely 73.7 to a Pt 80.8 Nwly From POB Sely 80.8 to Beg EXflIBIT "B" Sample letter to owner giving courtesy (i.e., not required by the Code) notice of the Council meeting that has the Resolution on the agenda. Dear Mr./Ms. : This is to notify you that the City Council will be considering a resolution on November 5, 2002 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5084. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. 410 EAST WASHINGTON STREET · iOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Karen Jennings, Human Resources, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 02-387 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LANDFILL DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DELETING ONE FULL-TIME SCALEHOUSE OPERATOR POSITION AND ADDING ONE FULL-TIME RECYCLE CLERK - LANDFILL POSITION AND AMENDING THE AFSCME PAY PLAN BY ADDING THE POSITION OF RECYCLE CLERK - LANDFILL. WHEREAS, Resolution No. 02-37, adopted by the City Council on February 5, 2002, authorized permanent positions in the Landfill Division of the Public Works Department for FY03; and WHEREAS, Resolution No. 01-189, adopted by the City Council on June 26, 2001, established a classification/compensation plan for AFSCME employees; and WHEREAS, the addition of the Recycling Center at the Landfill has significantly changed the duties of one employee currently classified as a Scalehouse Operator; and WHEREAS, the change in these duties has resulted in the position no longer fitting the current job description; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Landfill Division of the Public Works Department be amended by deleting one full-time Scalehouse Operator position, AFSCME grade 3, and adding one full-time Recycle Clerk - Landfill position, AFSCME grade 6. 2. The AFSCME pay plan be amended by adding the position of Recycle Clerk - Landfill, grade 6. Passed and approved this 5th dayof November ,20 02 Ap..pro~/ed.~ //] .// ~' CI-I-~"CL~K- ' ~fie~'~ hu man~e[/res/la ndfillposi6o~s.doc Resolution No. 02-387 Page 2 It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum City of Iowa City MEMORANDUM Date: October 31, 2002 To: Steve Atkins From: Chuck Schmadeke ._'~'~ Re: Position Change Landfill Recycling Center activities have changed considerably over the past year and a half. We have added the functions of Household Hazardous Waste (HHW) collection and disposal, waste oil collection, and paper/plastic recycling on-site. Tn the same time frame we have constructed the landfill gas collection system and have had the Salvage Barn and Furniture Project move into new facilities at the Landfill. One full time clerk has been assisting in the entire HHW process from scheduling appointments through preparing final shipping manifests for Hazardous Waste. She has also become instrumental in keeping many other office record keeping functions up to date and on track. She serves now as our main point of contact for the public and technical service people with other than routine questions. The experience she has with all the landfill programs enables her to shift into a more significant role smoothly. We are now ready to launch another important program in the Recycling Center. Small commercial businesses will be able to use our services for hazardous waste disposal. Those who meet the EPA criteria of Conditionally Exempt Small Quantity Generator (CESQG) will be accepted for appointments and charged a fee for the use of our service. Additional reports to DNR and the registration of each eligible business are required. This clerk will be involved deeply with the new program. The position no longer fits the description of Scale House Operator, which is primarily a cashier. ! am recommending this position be changed to a Recycle Clerk to more aptly describe the work being performed. Along with the technical improvements in our landfill programs, it's been good to see the personal skills of our staff increase as well.