HomeMy WebLinkAbout1983-12-06 ResolutionLi
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RESOLUTION N0. 83-377
RESOLUTION SETTING PUBLIC HEARING ON AN INDUSTRIAL
WASTE ORDINANCE AND PRETREATMENT PROGRAM FOR IOWA
CITY IOWA.
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING CITY ENGINEER TO PLACE SAID PROGRAM ON
FILE FOR 'PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
I. That a public hearing on t
the 20th day of December he above-named project is to be held on
, 19 83, at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish
notice of the public hearing for 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 plan of the above-named project is hereby ordered placed
on file by the City Engineer in the office of the City Clerk for public
inspection.
It was moved by_ Lvnch and seconded by Dickson that
the resolution as read be adopte and upon roll call there were:
AYES: NAYS: ABSENT:
` X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X _ _ Neuhauser
X Perret
Passed and approved this 6th day of December 19 83.
Q MAYOR
ATTEST:r�
CITY CLERK Rocaived S Approved
By Tlie Legal D pDrlmenl
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City of Iowa Cit',
MEMORANDUM
Date: November 30, 1983
To: Neal Berlin and City Council
From: Chuck Schmadeke L:
Re: Industrial Waste Ordinance and Pretreatment Program
The U.S. Environmental Protection Agency (EPA) and the Iowa Department of
Water, Air, and Waste Management (IDWAWM) require that the City adopt an
ordinance regulating indirect discharge to the municipal wastewater
system for certain non-domestic users and, through enforcement of general
requirements, for other users and provide enforcement thereof (Industrial
Waste Ordinance). In addition, the City is required to pass a resolution
at the time of the first reading of the Industrial Waste Ordinance
authorizing the implementation and funding of a pretreatment program.
Industrial Waste Ordinance
This Ordinance is necessary to insure that pollutants discharged from
industry do not inhibit wastewater treatment plant performance, exceed
effluent standards established for the Iowa River, and adversely affect
sludge quality established by IDWAWM for land application of sludge
without a permit. Three local industries are required to have a pre-
treatment program to meet the requirements of this ordinance. They are
Procter and Gamble, Sheller -Globe, and T&B/Ansley. However, Iowa City has
previously required wastewater treatment agreements from these three
industries and therefore, they will not be adversely affected by this
ordinance.
Implementation and Funding of the Pretreatment Proqram
The proposed Industrial Wastewater Ordinance and City Council resolutions
will regulate industrial wastewater discharges. The City will review
categorical pretreatment standards, information submitted by industries,
industrial effluent monitoring data, and water pollution control plant
operating data to determine the need for resolutions of acceptance. The
City will notify industries required to apply for acceptance of their
wastes and will review applications.
The City will monitor industrial effluent to insure compliance with
pretreatment standards, City ordinances, and resolutions and to evaluate
changes in industrial wastewater loadings on the water pollution control
plant. New industrial users will be identified and evaluated following
implementation of the pretreatment program.
The Pollution Control Division presently monitors industrial waste and
pretreatment facilities. The estimated annual cost of the City's present
program is $10,000.00. The estimated additional cost of the proposed'
pretreatment program is $400.00.
3.763
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Appeal
Hearing appeal rights and judicial review shall be heard by the City
Manager. The amounts of any expenses, losses, or damages to the City
shall be fixed and determined by the City Council. The City Council
is not named as the hearing board, as they are in the Sewer Use
Ordinance, because of the District Court decision regarding the
Sheller -Globe spill.
The City presently charges Procter and Gamble, Sheller -Globe and T&B/
Ansley for the cost of samolina their wastewater. These samDlino costs
are a maji
pretreatmi
control p'
of pollut+
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RESOLUTION No, 83-378
RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE
STORM SEWER AND SANITARY SEWER IMPROVEMENTS IN TY'N
CAE SUBDIVISION PART III, IN IOWA CITY, IOWA.
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,
For the portion of sanitary sewer in Ty'n Cae Subdivision, Part III, in Iowa
City, Iowa described as follows:
From MH #5 to MH #4 to MH #3 to MH #2 to MH #1 to MH A to an
existing MH; also, from MH #4 to MH #6 to MH #6A to MH #6C;
and also, from MH #6A to MH #6B.
For the storm sewer in Ty'n Cae Subdivision, Part III, in Iowa City, Iowa
described as follows:
From Intake #1 to an existing intake; also, from Intake #3
to Intake #4 to Intake #5 to Intake #6 to outlet; and also,
from intake #7 to Intake #8 to outlet.
The sanitary and storm sewer was constructed by Knowling Brothers Contracting
Company of Iowa City, Iowa.
The above referenced manholes and intakes are as shown on the approved
construction plans on file in the City Engineering Division.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's
office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Lynch and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X — _ Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret Recalved If Approved
By The Legal D01WIntent
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Passed and approved this 6th day of December
1983 .
ATTEST:
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-503D
ENGINEER'S REPORT
November 30, 1983
Honorable Mayor and City Council
Iowa City,
Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
A portion of the sanitary and storm sewer improvements
as described in the resolution, Ty'n Cae Subdivision,
Part III, Iowa City, Iowa as constructedby Knowling
Brothers Contracting Company, Iowa City, Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
espe tfully su it ed,
L l ✓ti'
Frank K. Farmer
City Engineer
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RESOLUTION NO. 83-379
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT
OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS
WHEREAS, the Iowa Department of Transportation requires cities to
comply with the provision of the 1970 Uniform Relocation Assistance and
Land Acquisition Policies Act by furnishing assurances concerning
acquisition of right of way for highway projects funded with Federal
Aid funds to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right of
way assurance statement for Federal Aid Projects.
It was moved by Lynch and seconded by Dickson
that the Resolution be adopted and upon roll call there were:
AYES:. NAYS: ABSENT:
X BALMER
X DICKSON
X ERDAHL
X LYNCH
X MCDONALD
X NEUHAUSER
X PERRET
Passed and approved this 6th day of December 1983.
ATTEST:n� , )
CITY CLERK
Raceivcrl
BY Ti`_q41 pip rpq
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Return th'- form by December 12. 1993
PLEASE RETURN TO: Harold C. Schiel, P.E.
Urban Systems Engineer
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
NAME OF CITY• Iowa Ci
City's Representative to the City Engineer/Public
Works Officials Committee:
NAME: Charles J. Schmadeke
TITLE: Director of Public Works
ADDRESS: Civic Center, 410 E. Washington Street
TELEPHONE: (319)-356-5141
Alternate, if desired:
NAME: Francis K. Farmer
TITLE: City Engineer
ADDRESS: Civic Center, 410 E. Washington Street
TELEPHONE: (319)-356-5143
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Signa ure of Mayor
Mary C. Neuhauser
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Return to: Office of Local Systems
Iowa DOT
800 Lincoln Way
Ames, IA 50010
Return this form by December 12, 1983
City Iowa City
Subject: Assurances regarding future acquisition of right of way
for highway projects funded with Federal -aid funds
To comply with the provisions of the 1970 Uniform Relocation Assistance
and Land Acquisition Policies Act, the City Council of the City of
Iowa City furnishes the following assurances to the
Iowa Department of Transportation.
1. It is the policy of the City of Iowa City to acquire
right-of-way in accord with'Title III of said 1970-96t and
applicable state laws.
2. It is the policy of the City of IowaCity to provide
relocation assistance benefits in accord with Title II of said
1970 Act and applicable state laws.
3. The above named City will contact the Iowa Department of
Transportation for assistance as needed to assure compliance
with applicable laws which are summarized in the instructions
entitled "Right -of -Way Acquisition Policies and Procedures."
December 6, 1983
Date Approved
C...ukLJ1&U1V
Mayor City Mary C. Neuhauser
30?
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Return to: Office of Local Systems
Iowa DOT
800 Lincoln Way
Ames, IA 50010
Return this form by December 12, 198?
J
City Iowa City
Subject: Assurances regarding future acquisition of right of way
for highway projects funded with Federal -aid funds
To comply with the provisions of the 1970 Uniform Relocation Assistance
and Land Acquisition Policies Act, the City Council of the City of
Iowa City furnishes the following assurances to the
Iowa Department of Transportation.
1. It is the policy of the City of Iowa City to acquire
right-of-way in accord with'Title III of said 1970 Act and
applicable state laws.
2. It is the policy of the City of Iowa City to provide
relocation assistance benefits in accord with Title I1 of said
1970 Act and applicable state laws.
3. The above named City will contact the Iowa Department of
Transportation for assistance as needed to assure compliance
with applicable laws which are summarized in the instructions
entitled "Right -of -Way Acquisition Policies and Procedures."
December 6. 1983
Date Approved
-W 0. AA111aLulz
Mayor of VY . Mary C. Neuhauser
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RESOLUTION NO. 83-380
RESOLUTION APPROVING FINAL PLAT j
OF
WEST SIDE PARK
i
WHEREAS, the owner and proprietor, West Side Co., an Iowa
corporation, has filed with the City Clerk of Iowa City, Iowa,
a plat and subdivision of West Side Park, an Addition to the
City of Iowa City, Iowa, covering the following described
premises located in Iowa City, Johnson County, Iowa, to -wit:
Commencing at the No corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NEa of said Section 20 to a point on
the northeasterly R.O.W. line of U. S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 620 19' 42" E, 692.80
feet; thence N 760 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 400 17'
45" E, 624.68 feet; to a point on the East
line of the W;j of the NEk of said Section
i 20; thence N 00 05' 29" E, 2007.93 feet to
the NE corner of the NW; of the NEh of said
Section 20; thence S 890 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. Said tract
containing 70.97 acres more or less.
and
WHEREAS, said property is owned by the above-named
corporation and the dedications as required by the Subdivision
i
Ordinance of the City of Iowa have been made with the free con-
sent and in accordance with the desires of said proprietor, and
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WHEREAS, said plat and subdivision has been examined by
the Planning and Zoning Commission of Iowa City, and after due
deliberation, said Commission has recommended that said plat
and subdivision be accepted and approved, and
WHEREAS, said plat and subdivision is found to conform
with the requirements of the City Ordinance of the City of Iowa
City, Iowa, with respect to the establishment of land subdi-
visions, and with the requirements of Chapter 909 of the 1963
Code of Iowa and amendments thereto, and all other statutory
i
requirements;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
I
iCITY OF IOWA CITY, IOWA:
That said plat and subdivision of West Side Park, an
Addition to the City of Iowa City, Iowa, be and the same is
hereby approved by the City Council of Iowa City, Iowa, and the
dedication of the streets and easements set out therein is
hereby accepted as by law provided.
BE IT FURTHER RESOLVED that the Mayor and City Clerk of
the City of Iowa City, Iowa, are hereby authorized and directed
to certify a copy of this Resolution and of the final plat of
said subdivision to the Office of the County Recorder of
Johnson County, Iowa. The subdivider shall be responsible for
recording the final plat with all legal documents required
pursuant to the provisions of Chapter 909, Code of Iowa, at the
office of the County Recorder of Johnson County, Iowa, and
returning a copy of such recorded documents to the office of
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the City Clerk before the issuance of any building permits is
authorized.
It was moved by Balmer and seconded by
McDonald the Resolution was adopted, and upon
roll call there were:
AYES: NAYS: ABSENT:
X Balmer
—� Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 6th day of December 1963.
ar, Neuhauser, Mayor
Cit of Iowa City, Iowa
ATTEST:
�an K. Karr, city Clerk,
City of Iowa City, Iowa
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Dy an _
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W 0 t I M
DEC 2'1983
AGREEMENT MARIAN K. KARR
CITY CLERK (3)
THIS AGREEMENT, made by and between West Side Co., an Iowa
corporation, the owner and subdivider, hereinafter called the
"Subdivider", and the City of Iowa City, Iowa, a municipal cor-
poration, hereinafter called the "City",
W I T N E S S E T H:
Consideration and Covenant.
In consideration of the City approving the proposed sub-
division known as West Side Park, an Addition to the City of
Iowa City, Iowa, the Subdivider agrees as a covenant running
with the land that the City shall not issue any building permit
on any lots in said subdivision unless and until all streets,
except Mormon Trek Boulevard, are paved with concrete at least
28 feet in width and water mains, storm sewers, and sanitary
sewers have been installed and accepted by the City and sub-
division erosion control measures have been approved and in-
stalled as required by the City of Iowa City, Iowa, under its
subdivision ordinance.
Mormon Trek Boulevard is an existing street which was
paved and constructed by the Iowa Department of Transportation.
2. Storm Water Management Ordinance Compliance and Covenant.
In consideration of the City approving the Subdivider's
storm water management plan, and under the applicable pro-
visions of Iowa City Ordinance Number 76-2807, dated September
20, 1976, and set forth in Chapter 33 of the Code of
Ordinances, City of Iowa City, Iowa, the Subdivider agrees as
covenant running with the land that the City shall not issue
any building permit on any lots in said subdivision unless and
until the proposed storm water management facility and neces-
sary erosion control measures, as shown on the final plat, have
been completed according to plans and specifications approved
by the City.
3. Construction of Improvements.
All such improvements as stated in Sections 1 and 2 of
this Agreement shall be constructed and installed by the Subdi-
vider according to the plans and specifications of the City of
Iowa City, Iowa, with inspections by the City Engineer or des-
ignate. Said inspections shall consist of occasional in-
spection of the work in progress, but shall not relieve or re-
lease the Subdivider from its responsibility to construct said
improvements pursuant to said plans and specifications.
Sidewalks.
The Subdivider is not required to install sidewalks at
this time. However, the City may assess abutting lot owners
for the installation of four (4) foot sidewalks in the event
the City determines at a later time said sidewalks are neces-
sary. The Subdivider for itself, its assigns or successors in
interest, hereby waives all objections it or they may have to
the resolution of necessity with respect to such sidewalks.
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Building Permit and Escrow Monies.
It is further provided, however, that in the event the
Subdivider, its assigns or successors in interest, should de-
sire a building permit on any lot in said subdivision before
pavement, water mains, storm sewers, storm water detention
basin, and sanitary sewers have been installed, the Subdivider,
its assigns or successors in interest, shall deposit with the
City Clerk in escrow an amount equal to the cost of said im-
provements plus ten percent (108) thereof as determined by the
City Engineer's Office of the City of Iowa City, Iowa.
•In addition to the escrow provided above, if subdivision
erosion control measures have not been installed, with ground
cover established by growth, the City may require, as a condi-
tion to the issuance of the first building permit for con-
struction within the subdivision, that the Subdivider deposit
in escrow with the City the sum of $2,000.00 to cover the past
or anticipated future cost of cleaning public streets, storm
sewers, gutters or catch basins, the cleaning of which may be
necessitated as a result of erosion from any lot or lots owned
by the Subdivider, its successors and assigns. The unused bal-
ance of the erosion cleanup escrow established herein shall be
returned to the Subdivider after erosion control measures have
been installed, and ground cover has been established by
growth.
The City may also require, as a condition to the issuance
of a building permit on any lot in the subdivision that the
owner of such lot deposit in escrow with the City the sum of
$500.00, for each lot, for which a permit is requested to cover
the past or anticipated future cost of cleaning public streets,
storm sewers, gutters or catch basins, the cleaning of which
may be necessitated as a result of erosion from said lot or
lots during construction.
The Subdivider or individual lot owner shall be responsi-
ble for the cost of such cleaning and to the extent that the
Subdivider or any lot owner fails to accomplish cleanup after
reasonable notice from the City, the City is hereby authorized l
to do such work and to charge the cost thereof to the escrow
established for the lot from which the erosion came; provided ;
that nothing herein shall be construed as requiring the City to
do such cleanup.
Upon request, the unused portion of any street cleaning
erosion escrow established by a lot owner under the preceding
two paragraphs of this Section 5 shall be returned to such in-
dividual lot owner within 30 days after an occupancy permit has
been issued for said lot, provided that all erosion control
measures shall have been completed before the lot owner shall
be entitled to demand the -return of said escrow deposit.
when the foregoing escrow funds have been deposited, then
in that event the Building Inspector of the City shall issue a
building permit, provided that the applicant complies with all
other requirements and ordinances of the City.
6. Occupancy Permit.
Prior to the issuance of an occupancy permit for any
building erected pursuant to Section 5, the City in its dis-
cretion may require the Subdivider, its assigns and successors
in interest, to construct and install such improvements as
stated in Sections 1 and 2.
317 7JO'
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Use of Escrow Monies.
If, after the issuance of a building permit, the improve-
ments as stated in Sections 1 and 2 have not been constructed
and installed, the City may use any funds deposited in escrow
to construct and install such improvements. Should the cost of
construction and installation of said improvements exceed the
amount of said escrow, the City shall have a lien and charge
against all the lots in the subdivision.
The City shall refund to the depositor any escrow monies
not used by the City after the construction and installation of
such improvements.
Waiver.
In the event Subdivider, its assigns or successors in in-
terest, should sell or convey lots in said subdivision without
having had constructed or installed the pavement, water mains,
storm sewers, sanitary sewers and storm water management facil-
ities, the City shall have the right to install and construct
said improvements which shall be a lien and charge against all
the lots in said subdivision. The cost of such improvements
need not meet the requirements of notice, benefit or value as
provided by the law of the State of Iowa for assessing such
improvements. It is further provided that this requirement to
so construct said improvements is and shall remain a lien from
date until properly released as hereinafter provided.
9. Release.
The City agrees when such improvements have been installed
to the satisfaction of the City it will upon request of the
Subdivider, its assigns or successors in interest, promptly
prepare and deliver to Subdivider for filing in the office of
the County Recorder of Johnson County, Iowa, a good and suffi-
cient release to various lots in said subdivision so that this
Agreement will not constitute a cloud upon the title of the
lots in said subdivision.
10. Street Maintenance.
It is further provided that the Subdivider and its assigns
and successors in interest agree that the public services in-
cluding but not limited to street maintenance, snow removal,
need not be extended in said subdivision until the pavement is
installed and accepted by the City.
11. Sanitary Sewer Lift Stations.
In the event sanitary sewer lift stations are necessary
for Lots 36 and 41 of said subdivision, the Subdivider and its
assigns and successors in interest agree to be solely responsi-
ble for the installation and maintenance of said lift stations.
The City shall have no responsibility for said lift station.
12. Storm Sewer Surface Inlets.
The City agrees that the three storm water surface inlets
which will be constructed on the 20 foot by 20 foot storm ease-
ment areas located on Lots 24 and 33; Lots 26, 27, 30, and 31;
and Lot 28 shall be maintained by the City. The Subdivider and
its successors in interest and assigns shall have no obligation
relating thereto except the initial installation of said storm
water surface inlets in accordance with plan and specifications
approved by the City.
37'1
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13. Mormon Trek Boulevard Access.
The Subdivider, its assigns or successors in interest,
covenant and agree that Access Easements 1 and 2 which are
shown on the final plat of said subdivision and which are
located in Lots 38 and 41, respectively, shall be the only ac-
cess points from Lots 36 through 41, inclusive, to Mormon Trek
Boulevard. Lots 36, 37, 39, and 40 shall have no direct access
to Mormon Trek Boulevard.
In the event Lots 36 through 41, inclusive, are not sold
as one or two tracts by the Subdivider, its assigns or succes-
sors in interest, or in the event one of the lots without
direct access on to Mormon Trek Boulevard is conveyed or trans-
ferred without being granted a driveway easement to Access
Easement 1 or Access Easement 2 as shown on the final. plat of
said subdivision, the owner or owners of lots without direct
access are hereby granted, by this instrument, a driveway ease-
ment across the adjacent lots to the nearest access easement as
shown on the plat. The driveway easement shall be a twenty-
five (25) foot strip of even width abutting the southerly line
of the eighty (80) foot right-of-way of Mormon Trek Boulevard
as shown on the plat, across the adjacent lot or lots to the
nearest access easement as shown onthe
"plat.
DATED this � day of I �Qaa&L , 1983.
WEST SIDE Cyy —,--an Iowa
cornora�n /
By:
CITY OF IOWA CITY, IOWA
BY: Ah/CL C.. '���11DIP,IIn�
Mary Neuhauser, Mayor
BY:21tan��!
maLi.an K. Karr, City Clerk
STATE OF IOWA
ry
SS:
JOHNSON COUNTY )
On thisaL� day of l �t(/A1.. 1983, before me,
the undersigned, a Notary Public in and for the. State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the with-
in and foregoing instrument to which this is attached, that the
seal attached hereto is the seal of said corporation; that said
instrument was signed and sealed on behalf of said corporation
by authority of its Board of Directors; and that the said
President and Secretary as such officers acknowledged the exe-
cution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
&qL�=
NEW]
NotAry Public in ancV f or t e
State of Iowa.
Received & Approved
By The L Dop rt +ent
3? ?f
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this -LLL day of �o� rA 1983, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Mary C. Neuhauser 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 in-
strument; that the seal affixed hereto is the seal of said mu-
nicipal corporation; that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that the said
Mary C. Neuhauser and Marian K. Karr acknowledged the execution
of
muni
J
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this -LLL day of �o� rA 1983, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Mary C. Neuhauser 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 in-
strument; that the seal affixed hereto is the seal of said mu-
nicipal corporation; that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that the said
Mary C. Neuhauser and Marian K. Karr acknowledged the execution
of
muni
Gr
DEDICATION OF WEST SIDE PARK,
AN ADDITION TO THE CITY OF IOWA CITY, IOWA
KNOW ALL MEN 8Y THESE PRESENTS: That West Side Co., an
Iowa corporation, whose principal place of business is in Iowa
City, Johnson County, Iowa, being the owner in fee of all land
included in West Side Park, an Addition to the City of Iowa
City, Iowa, more particularly described as follows:
Commencing at the N; corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NEh of said Section 20 to a point on
the northeasterly R.O.W. line of U.S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 621 19' 42" E, 692.80
feet; thence N 760 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 900 17'
45" E, 624.68 feet; to a point on the East
line of the Wh of the NE; of said Section
20; thence N 00 05' 29" E, 2007.93 feet to
the NE corner of the NW; of the NE; of said
Section 20; thence S 890 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. Said tract
containing 70.97 acres more or less.
has caused a plat and subdivision of said land to be made and
the lots, and streets to be marked and named and numbered, all
as shown by plat dated
, which plat is
attached hereto so that the same may be recorded and
hereinafter known as and designated as:
West Side Park, an Addition to the City
of Iowa City, Iowa,
and the said West Side Co: hereby acknowledges the subdivision
of said land shown by said plat and subdivision to be by its
free -consent and in accordance with its desire, and does hereby
set apart and dedicate, as provided by Chapter 409 of the 1983
Code of Iowa and amendments thereto, to the public use forever
all land included and shown on said plats as public streets; drainage
storm and sanitary sewer easements; and all public utility
easements.
3�7f
-z -
IN WITNESS WHEREOF, we have hereunto set our hands on this
day of ��—' 1983.
WEST STDE CO., an Iowa
coruoration
BY
By
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of
fLX IJn^^^^I1983, before me,
x.XVil:�/�/'�/l_.
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the
within and foregoing instrument to which this is attached, that
the seal attached hereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that
the said President and Secretary 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.
X191
Notary Public in ano for t e
State of Iowa.
Received i Approvd
By I)e Legd Dep wd j
34 7J10
Lr
STORM SEWER AND DRAINAGE EASEMENT
THIS AGREEMENT, made and entered into by and between West
Side Co., an Iowa corporation, of Iowa City, Iowa, First Party,
which expression shall include their successors in interest and
assigns and the City of Iowa City, Iowa, Second Party, which
expression shall include their successors in interest and
assigns, WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration,
the receipt of which is hereby acknowledged, First Party hereby
grants and conveys to Second Party an easement for the purposes
of excavating for and the installation, replacement, mainte-
nance and use of such storm sewage lines, pipes, mains, and
conduits as Second Party shall from time to time elect for con-
veying storm water with all necessary appliances and fittings
for use in connection with said pipe lines, together with ade-
quate protection therefore, and also a right of way, with right
of ingress and egress thereto, over and across all the area
described as "storm easement" on the final plat of WEST SIDE
PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to
this easement and by this reference made a part hereof.
First Party further grants to Second Party:
1. The right of grading said strip for the full width
thereof and to extend the cuts and fills for such grading into
and on said lands along and outside of said line to such extent
as Second Party may find reasonably necessary.
2. The right from time to time to trim and to cut down
and clear away any and all trees and brush on said strip and to
trim and to cut down and clear away any trees on either side of
said strip which now or hereafter in the opinion of Second Par-
ty may be a hazard to said lines or may interfere with the ex-
ercise of Second Party's rights hereunder in any manner.
L�
-z-
3. Second Party shall indemnify First Party against any
loss and damage which shall be caused by the exercise of said
ingress and egress, construction, maintenance or by any wrong-
ful or negligent act, omission of Second Party or of its agents
or employees in the course of their employment.
First Party reserves the right to use said strips for pur-
poses which will not interfere with Second Party's full enjoy-
ment of the rights hereby granted; provided that First Party
shall not erect or construct any building or other structure,
or drill or operate any well, or construct any reservoir or
other obstructions on said area, or diminish or substantially
add to the ground cover over said pipe lines.
First Party does hereby covenant with Second Party that -
they are lawfully seized and possessed of the real estate above
described; that they have a good and lawful right to convey it,
or any part thereof.
The provisions hereby shall inure to the benefit of and
bind the successors and assigns of the respective parties here-
to, and all covenants shall apply to and run with the land.
DATED this day of lumbi wL, , 1983.
WEST SIDE CO., an Iowa
corporation
E
LYA
CITY OF IOWA CITY, IOWA
BY: KAPLW 0, �IAJA l)kr
Mary C 6Neuiauser, Mayor
BY: J h4M/
Ma an K. Karr, City Clerk
Received d Appteved
all L al Cap ^ 1t
3 o3 %44
I
F,
Li
STATE OF IOWA
SS:
JOHNSON COUNTY
-3-
J 1 IF
On this Ct day of Ll/ -C L , 1983, before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the
within and foregoing instrument to which this is attached, that
the seal attached hereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that
the said President and Secretary 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.
D.L pN�EMRES
se 7.1996
Notary Public in ancV for the
State of Iowa.
STATE OF IOWA
SS:
JOHNSON COUNTY
On this _42tL day of�Qt aru123 , 1983, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Mary C. Neuhauser 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 in-
strument; that the seal affixed hereto is the seal of said mu-
nicipal corporation; that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that the said
Mary C. Neuhauser and Marian K. Karr acknowledged the execution
of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
tot ry P blit in anLD for the
State of Iowa.
3a? %O
SANITARY SEWER EASEMENT
THIS AGREEMENT, made and entered into by and between West
Side Co., an Iowa corporation, of Iowa City, Iowa, First Party,
which expression shall include their successors in interest and
assigns and the City of Iowa City, Iowa, Second Party, which
expression shall include their successors in interest and
assigns, WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration,
the receipt of which is hereby acknowledged, First Party hereby
grants and conveys to Second Party an easement for the purposes
of excavating for and the installation, replacement, mainte-
nance and use of such sanitary sewage lines, pipes, mains, and
conduits as Second Party shall from time to time elect for con-
veying sewage and all necessary appliances and fittings for use
in connection with said pipe lines, together with adequate pro-
tection therefore, and also a right of way, with right of in-
gress and egress thereto, over and across all the area de-
scribed as "sanitary easement" on the final plat of WEST SIDE
PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to
this easement and by this reference made a part hereof.
First Party further grants to Second Party:
1. The right of grading said strip for the full width
thereof and to extend the cuts and fills for such grading into
and on said lands along and outside of said line to such extent
as Second Party may find reasonably necessary.
2. The right from time to time to trim and to cut down
and clear away any and all trees and brush on said strip and to
trim and to cut down and clear away any trees on either side of
said strip which now or hereafter in the opinion of Second Par-
ty may be'a hazard to said lines or may interfere with the ex-
ercise of Second Party's rights hereunder in any manner.
,.7
i
F
Li
-z-
3. Second Party shall indemnify First Party against any
loss and damage which shall be caused by the exercise of said
ingress and egress, construction, maintenance or by any wrong-
ful or negligent act, omission of Second Party or of its agents
or employees in the course of their employment.
First Party reserves the right to use said strips for pur-
poses which will not interfere with Second Party's full enjoy-
ment of the rights hereby granted; provided that First Party
shall not erect or construct any building or other structure,
or drill or operate any well, or construct any reservoir or
other obstructions on said area, or diminish or substantially
add to the ground cover over said pipe lines.
First Party does hereby covenant with Second Party that
they are lawfully seized and possessed of the real estate above
described; that they have a good and lawful right to convey it,
or any part thereof.
The provisions hereby shall inure to the benefit of and
bind the successors and assigns of the respective parties here-
to, and all covenants shall apply to and run with the land.
DATED this day of U_aylck/l_ , 1983.
WEST SIDE CO., an Iowa
corporation
3)
By
CITY OF IOWA CITY, IOWA
BY: yUA-W . %_MPJ L/�
Mary ce Neuhauser, Mayor
BY: now� r -e
Marian K. Karr, City Clerk
Received &..l ••
by j e Legal Depart itnt
3d7�
-3-
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this Ld— day of 1 1983, before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the
within and foregoing instrument to which this is attached, that
the seal attached hereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that
the said President and Secretary 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.
rAl WCOMA=ffl FXMM
September 7, 1986 6CLL'1___ lic in ad for the
State of Iowa.
STATE OF IOWA )
SS:
JOHNSON COUNTY )
I
On this day of 1983, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Mary C. Neuhauser 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 in-
strument; that the seal affixed hereto is the seal of said mu-
nicipal corporation; that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that the said
Mary C. Neuhauser and Marian K. Karr acknowledged the execution
of said instrument to be the voluntary act and deed of said
i
municipal corporation, by it and by them voluntarily executed.
N6t&ry Ppblic ln�_Ona tor the
State of Iowa.
I
3R 71
.1
F.
J
STORM WATER MANAGEMENT EASEMENT
THIS AGREEMENT, made and entered into by and between West
Side Co., an Iowa corporation, of Iowa City, Iowa, hereinafter
referred to as "Subdivider" and the City of Iowa City, Iowa,
hereinafter referred to as "City".
For the sum of One Dollar ($1.00) and other valuable con-
sideration, the receipt of which is hereby acknowledged by the
Subdivider, the Subdivider hereby grants to the City an ease-
ment for the purpose of operating and maintaining a storm water
I
control structure and storm water storage area or otherwise
known as a storm water detention basin over and across the
following described real estate:
Commencing at the N ; corner of Section 20, T 79 N, R
6 W of the 5th P.M., Johnson County, Iowa, and the
point of beginning; thence due south, 242.62 feet
along the west line of the NE : of said Section 20;
thence N 890 35' 04" E, 1328.06 feet to a point on
the east line of the W � of the NE ; of said Section
20; thence N 0° 05' 29" E, 241.83 feet along said
east line to the NE corner of the NW ; of the NE ; of
said Section 20; thence S 890 37' 07" W, 1328.44 feet
along the north line of said Section 20 to the point
of beginning. Said easement containing 7.39 acres
more or less.
Subdivider further grants to the City the following rights
in connection with the above:
1. The right of ingress and egress thereto over the ex-
isting storm sewer easement and from the adjoining dedicated
street right of way.
2. The right to grade and regrade the area included with-
in the storm water detention basin provided that the City shall
promptly reseed any areas upon which such grading and regrading
has been accomplished.
3. The right from time to time to trim and cut down and
clear away all trees and brush within said storm water de-
tention basin which now or hereafter, in the opinion of the
City, may interfere with the natural passage of the storm water
through the storm water storage area, provided that any damage
to the storm water storage area shall be promptly repaired by
the City.
,3.? 7�
e.
-2-
4. The Subdivider and its successors and assigns reserve
the right to use the storm water detention basin area for any
purpose which will not interfere with the City's full enjoyment
of the rights herein granted; provided that the Subdivider or
its successors in interest shall not erect or construct any
buildings, fences, or other structures or obstructions on said
areas, or substantially add to the ground cover on said areas.
5. Subject to the easement rights granted the City, the
owners of Lots 9, 10, 11, 12, 13 and 14, WEST SIDE PARK, AN
ADDITION TO IOWA CITY, IOWA, whether said lots be improved or
unimproved, shall keep such lots free from weeds and debris and
shall maintain the entire lot so as to minimize erosion in and
around said control structure and storm water storage area.
6. The Subdivider does hereby covenant with the City that
it is lawfully seized and possessed of the real estate above
described and that it has a good and lawful right to convey the
same.
7. The provisions hereof shall inure to the benefit of
and bind the successors and assigns of the respective parties
hereto, and all covenants shall apply to and run with the land.
DATED this �_ day of 1963.
I
WEST SIDE CO., an Iowa i
corporation
BY
By
CITY OF IOWA CITY, IOWA
BY: d.LJ C. �AO1lJAA11AAt
Mary C Neuhauser, Mayor
BY:of 2lw2
Marian K. Karr, city
Received i Approved
By The teed Dep MM
3�3 71
STATE OF IOWA
SS:
JOHNSON COUNTY
-3-
On this day ofLJ!UiltVUV 1983, before me,
the undersigns , a Notary Public in and :or the State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the
within and foregoing instrument to which this is attached, that
the seal attached hereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and that
the said President and Secretary 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.
. p, {.Ct1EtF
�E ES
I.1201
Nota y Public in andorr tfe—
State of Iowa.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _4LL day of Qe pgag &4 1983, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Mary C. Neuhauser 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 in-
strument; that the seal affixed hereto is the seal of said mu-
nicipal corporation; that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the
City Council of said municipal corporation, and that the said
Mary C. Neuhauser and Marian K. Karr acknowledged the execution
of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
Notary �tic iii and for the
State of Iowa.
J
TITLE OPINION
I, Charles A. Barker, a practicing attorney in Iowa City,
Iowa, do hereby certify that I have examined an abstract of
title to West Side Park, an Addition to the City of Iowa City,
Iowa, and it is located upon the following described tract of
land, to -wit:
Commencing at the A corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NE; of said Section 20 to a point on
the northeasterly R.O.W. line of U.S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 620 19' 42" E, 692.80
feet; thence N 760 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 400 17'
45" E, 624.68 feet; to a point on the East
line of the W� of the NE; of said Section
20; thence N 0° 05' 29" E, 2007.93 feet to
the NE corner of the NW; of the NE; of said
Section 20; thence S 890 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. said tract
containing 70.97 acres more or less.
That in my opinion the fee title is in West Side Co., an
Iowa corporation, and that all land in said subdivision is free
from liens and encumbrances, except for Easement for Public
Highway recorded ,at Book 593, page 290, Records of Johnson
County, Iowa.
�`'��p������AA
DATED at Iowa City, Iowa, this d�- day of L&M
1983.
i
C ar es A. Bar er
311 Iowa Avenue
P.O. Box 2000
Iowa City, IA 52244
Received A c^r•�:o"
By T to D�p�A enl
CLERK'S CERTIFICATE
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
I, Mary A. Conklin, hereby certify that I am Clerk of the
District Court of Johnson County, Iowa, and that the property
described as follows, to -wit:
Commencing at the N4 corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NE4 of said Section 20 to a point on
the northeasterly R.O.W. line of U. S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 620 19' 42" E, 692.80
feet; thence N 760 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 400 17'
45" E, 624.68 feet; to a point on the East
line of the Wh of the NE; of said Section
20; thence N 00 05' 29" E, 2007.93 feet to
the NE corner of the NW; of the NE; of said
Section 20; thence S 890 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. Said tract
containing 70.97 acres more or less.
and shown on the plat attached hereto and known and designated
as West Side Park, an Addition to the City of Iowa City, Iowa,
is free from all judgments, attachments, mechanic's or other
liens as appear in the records of my office. / I
DATED at Iowa City, Iowa, this /-qday of
1983.
1 MARYCONKLIN, Clerk of the
Dist ict Court in and for
Johnson County, Iowa _
18 6c"d & Apr mv.e
BY The legal 0.
r2
3,M10'
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
CERTIFICATE OF RECORDER
I, John E. O'Neill, hereby certify that I am the County
Recorder of Johnson County, Iowa, and that the title in fee to
the property described as follows, to -wit:
Commencing at the N4 corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NEh of said Section 20 to a point on
the northeasterly R.O.W. line of U. S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 62" 19' 42" E, 692.80
feet; thence N 76" 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 40" 17'
45" E, 624.68 feet; to a point on the East
line of the Wh of the NE4 of said Section
20; thence N 0° 05' 29" E, 2007.93 feet to
the NE corner of the NWh of the NE; of said
Section 20; thence S 89" 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. Said tract
containing 70.97 acres more or less.
and shown on the plat attached hereto and known and designated
as West Side Park, an Addition to the City of Iowa City, Iowa,
is in West Side Co., an Iowa corporation, and that the property
contained in said {Vest Side Park, an Addition to the City of
Iowa City, Iowa, is free from liens and encumbrances, except
for Easement for Public Highway recorded at Book 593, page 290,
Records of Johnson County, Iowa.
1983.
DATED at Iowa City, Iowa, this I_ day of rr_'r� 3.n J. �.• r
JOHN E. O'NEILL, Recorder
Johnson County, Iowa.
Roec)ved i Approved
By The 4rgal Depadnx4d
,3a1700
CERTIFICATE OF COUNTY TREASURER
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
I, Donald J. Hrall, hereby certify that I am the County
Treasurer of Johnson County, Iowa, and that the property de-
scribed as follows, to -wit:
Commencing at the N4 corner of Section 20,
T 79 N, R 6 W of 5 P.M. Johnson County,
Iowa, and the point of beginning; thence
due south, 2113.83 feet along the west line
of the NE4 of said Section 20 to a point on
the northeasterly R.O.W. line of U. S.
Highway #218; thence continuing along said
northeasterly R.O.W. line S 520 50' 05" E,
144.28 feet; thence S 620 19' 42" E, 692.80
feet; thence N 76° 14' 11" E, 198.37 feet
to a point on the northwesterly R.O.W. line
of Iowa Highway #1; thence continuing along
said northwesterly R.O.W. line N 400 17'
45" E, 624.68 feet; to a point on the East
line of the Wh of the NE; of said Section
20; thence N 00 05' 29" E, 2007.93 feet to
the NE corner of the NW4 of the NE4 of said
Section 20; thence S 890 37' 07" W, 1328.44
feet along the North line of said Section
20 to the point of beginning. Said tract
containing 70.97 acres more or less.
and shown on the plat attached hereto and known and designated
as West Side Park, an Addition to the City of Iowa City, Iowa,
is free from taxes.
1983.
DATED at Iowa City, Iowa, this day of • q.A ,
L i �
DONALD•'J. 9(RALL, Trea3ur
Johnson County, Iowa.
80
Retelved i Approved
by the legal De aAmeM
Uro p
3a 7t
Ard
STAFF
REPORT
To: Planning & Zoning Commission
Prepared by: Karin Franklin
Item: West Side Park -
Date: November 17, 1983
Preliminary & Final Subdivision
Plat. 5-8329.
GENERAL INFORMATION
Applicant:
West Side Company
P.O. Box 2000
Iowa City, IA 52244
Requested action:
Approval of preliminary and final
subdivision plat.
Purpose:
Future development of 41
commercial lots.
Location:
North of the intersection of
j
Highway I West and Mormon Trek
realigned.
Size:
i
70.97 acres
Comprehensive plan update:
General Commercial
Existing land use and zoning:
Undeveloped; C2
Surrounding land use and zoning:
North - Undeveloped; RIA
East - General Commercial;
County CH
South - Undeveloped; County
CH
West - Undeveloped and
residential; RIB
Applicable regulations:
Provisions of the subdivision
code, the stormwater management
ordinance, and the airport
overlay zone.
45day limitation period:
December 5, 1983
60 -day limitation period:
December 19, 1983
ADDITIONAL INFORMATION
Public utilities:
Access to city sewer and water
are available.
Public services:
Municipal police and fire
protection will be provided.
Transportation:
Access is via Mormon Trek
realigned.
,3x71
Physical characteristics: Hilly with natural drainageways
flowing from south to north and
west.
ANALYSIS
An application has been submitted for approval of a preliminary and final
subdivision of 41 commercial lots in southwest Iowa City, north of the U.S.
Highway 218 and Highway I West interchange. The subdivision is southeast of
Ty'n Cae Part Ill. Six of the commercial lots will abut the residential lots of
Ty'n Cae and may require screening. However, 890 feet of the residential lots
have a 70 foot drainage easement in their rear yards; the closest residential
structures to the commercial lots will be 30 feet from the lot line.
Development within the subdivision requested will be subject to the Airport
Overlay Zone. The attached map indicates that portion subject to the use
restrictions of the clear zone and height restrictions of the approach and
transitional zones. The issuance of building permits will be restricted in
accordance with these overlays. The clear zone use restrictions will have a
limited impact on Lot 3. The approach and transitional zones will limit the
height of buildings on approximately one-third of the development. The
approach and transitional zones do not place use restrictions on the underlying
property, with the exception of prohibitions on sanitary landfills.
There are two access questions raised with this subdivision. Mormon Trek
Boulevard is a limited access roadway. At the point at which West Side Park
will feed into Mormon Trek, the street is curved and hilly. Visibility problems
combined with rapidly moving traffic argue for minimizing the number of points
at which vehicles will be entering and leaving the traffic flow. The applicants
have been requested to provide a frontage road or an access easement for a
private driveway across lots 36-41 with no more than two access points to
Mormon Trek Boulevard.
The second access question concerns the continuity of streets and access to
adjoining undeveloped property. The street design submitted is self-contained;
there is no provision for access to any other adjoining property. To the north
the existence of Willow Creek and the planned continuation of Aber Avenue do
not necessitate any extension of streets north out of West Side Park. Similarly,
to the south U.S. Highway 218 and Highway 1 obviate the need for any street
extension. The properties to the east of West Side Park have access directly off
of Highway 1 and Willow Creek Drive; the owner of the property has expressed
no particular interest in or need for additional access across West Side
Company's land. West of the southerly portion of West Side Park is a piece of
undeveloped land which will require access at some time.
The property to the west of West Side Park and south of Ty'n Cae Part Ill is
currently being considered for annexation. The parcel is a three acre tract
which, due to Its location and topography, has problems with the provision of
safe access from Mormon Trek realigned. The grade of the tract is considerably
lower than the surface of Mormon Trek Boulevard and would necessitate
extensive fill for access directly to Mormon Trek. Assuming that filling could
be done, vehicular entry along a curve on a hill would create a hazardous point
of access to and from Mormon Trek Boulevard. Ty'n Cae Part III, to the north,
will be developing as mutli-family residential along Ty'n Cae's southern
boundary without any roads stubbed out to the south. West Side Park will be
developing as commercial on its western boundary, next to the three acre tract.
The Comprehensive Plan Update shows the three acre tract as commercial
4 71
1
;..� 3
property. A street, or. an access easement for a future street, through Lot 20
of West Side Park is necessary to provide safe access to the newly annexed
property and integrate the use of the two tracts. The owner of the three acre
tract has been contacted regarding his willingness to be voluntarily annexed.
New subdivisions are generally required to provide for the installation of
sidewalks within one year of plat approval. West Side Drive and Earl Road will
serve commercial uses not normally patronized by pedestrian traffic. Mormon
Trek Boulevard will serve a larger area and will, at some point, need the typical
4' walk or, possibly, an 8 foot surface to accommodate bicycle and pedestrian
traffic. However, currently the sidewalk on Mormon Trek is not extended far
enough south, nor is such an extension planned in the near future, to
rationalize provision of a sidewalk on Mormon Trek within the West Side
development at this time. The staff recommends that sidewalks not be required
with subdivision approval, but that a waiver of future assessment be provided.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary and final subdivision plat of West
Side Park upon resolution of the deficiencies and discrepancies cited below.
DEFICIENCIES AND DISCREPANCIES
1. Streets:
a. Provide frontage road, or an access easement, along Lots 36-41 so
that there are no more than two access points to Mormon Trek.
b. Provide access to the property west of West Side Park with a road or
an access easement across Lot 20.
2. Revised subdivider's agreement regarding private maintenance of potential
lift stations on Lots 36 and 41.
ATTACHMENTS
Location map.
ACCOMPANIMENTS
Preliminary and final plat.
Approved by:
i
Udr
onald Ichmeiser, Director
Departm nt of Planning &
Program Development
3Wr
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City of Iowa City
MEMORANDUM
Date: November 17, 1983
To: Planning and Zoning Commissi
From: Karin Franklin, Planner
Re: West Side Park 5-8329
In light of Mr. Yoder's comments at the informal meeting of November 14,
the Planning staff and the Traffic Engineer have reconsidered the staff's
position regarding the question of access to the property west of West
Side Park, and maintain the position that this access is necessary for the
safe and proper development of the area.
We assume that commercial development of some type will take place on the
three acre tract due to the fact that integration with the northern
residential development is cut off by that development's plan, the three
acre tract is highly visible and, therefore, economically attractive for a
commercial site, and the comprehensive plan shows this area as developing
commercially.
There are essentially three matters of concern:
1. the number of safe points of access to Mormon Trek from the three
acre tract;
2. the ability of the City to limit access to Mormon Trek and the
development potential of the three acres if access is cut off from
the east by an action of the City; and,
3. the traffic generated on Mormon Trek by two adjacent but disconnected
commercial areas which will potentially have common customers.
The point of direct access to Mormon Trek requiring the least fill is at
the boundary between West Side Park and the three acres. It is at this
point that traffic exiting to Mormon Trek has the least sight distance to
and from traffic from the east coming over the hill. The most desirable
point for access in terms of sight distance is toward the northerly part
of the three acre tract where the grade differential between the road and
the tract is greatest, thus requiring the most fill.
If by the City's action of approval of the subdivision of West Side Park,
a means of access which could be available is cut off, the City will have
difficulty limiting access to the three acre tract and imposing the
financial burden of filling the area required for the most desirable means
of access.
The third factor to be considered if access from the east is not provided
is the potential for traffic generation from the commercial use of one•
area using Mormon Trek Boulevard as a local street to gain access to the
commercial use of the other area. This situation could be easily avoided
by provision of access from the east at this time.
3871
Li
Fr_
yo,
1
City of Iowa City
MEMORANDUM
DATE: December 6, 1983
To' City Council
FROM: Karin Franklin, Planned
RE' West Side Park --access road
The attached is a letter from R. H. Davis, the owner of the 3 acre
tract of land west of the West Side Park subdivision. Mr. Davis requests
that an access option be provided through the West Side property to his
property.
The Council requested at the informal meeting last night a cost estimate
of the fill necessary for Mr. Davis' property to provide access via
Mormon Trek Boulevard. A reasonable estimate of these costs could not
be made for tonight's meeting.
An engineer's estimate of the cost of an access road from West Side Park
is provided below:
305' of 28 foot width paving @ $125/lineal foot $38,000
land cost 2,000
water, if provided 3,000
total cost $43,000
3x711
I
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i
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DFC 61983
December 6, 1983
MARIAN K. KARR
C�
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RESOLUTION NO. 83-381
RESOLUTION APPROVING THE LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN -FOR COMMUNICATIONS BUILDING CO., KRNA PARCEL.
WHEREAS, the owner, Communications Building Co., has filed with the City Clerk
of Iowa City, Iowa an application for approval of a large scale non-residential
development plan of the KRNA parcel, which is on part of Lot 2, Empire Addition;
and
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the proposed plan and have recommended approval of
same; and
WHEREAS, the large scale non-residential development plan has been examined by
the Planning and Zoning Commission and after due deliberation the Commission
has recommended that the plan be accepted and approved; and
WHEREAS, the Planning and Zoning Commission also recommends the deferral of com-
pliance with the Strom Water Management Ordinance, subject to the provisions of
an, Agreement (hereinafter referred to as the "Agreement" ) between the City of
Iowa City and Communications Building Co. with respect to storm water management
on Lot 2 of Empire Addition; and
WHEREAS, the large scale non-residential development plan is found to conform
With all of the other requirements of the city ordinances of the City of Iowa
City, Iowa.
NOW, THEREFORE, BE IT RESOLVED by the City Council. of Iowa City; Iowa
that:
1. Subject to the terms of the Agreement, the large scale non-residential
development plan for Communications Building Co., KRNA parcel, which is
on part of Lot 2, Empire Addition, is hereby approved.
2. The Mayor and the City Clerk of the City of Iowa City are hereby
authorized and directed to certify the approval of this resolution,
which shall be affixed to the plan, and of the plan after passage
and approval by law; and the Mayor and City Clerk are authorized and
directed to execute the Agreement on behalf of the City; and the
owner shall record the plan, the resolution, and the Agreement at
the office of the County Recorder of Johnson County, Iowa and return
copies of same to the City Clerk of Iowa City prior to the issuance
of any building permit on the property.
.\1
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It was moved by DlcDonald and seconded by Lvnch the
Resolution be adopted, and upon roll call there were:
ABSTAINING: AYES: NAYS: ABSENT:
X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 6th day of December 1983.
_UI ttLw C .
MAYOR
ATTEST: %)10 i
CIT CLERK
retcvloa `7 C=F Kmcnt
By .�•� Lc.," � z i C�
�r
THIS AGREMM made by and between Communications Building Co., an Iowa general
partnership, hereinafter called the Owner, and the City of Iowa City, Iowa, a
municipal corporation, hereinafter called the City.
WITNESSETH:
In consideration of the City approving the Tame Scale Non -Residential Development,
("ISNRD") of Owner on a portion (0.99 acres), of Lot 2, Empire Addition to Iowa
City, Iowa, Owner, acknowledges its understanding that no building permit will be
issued by the City for any further development of said Lot 2 until a plat for
the resubdivision of all of Lot 2 has been submitted to and approved by the City,
and compliance with the Storm Water Management Ordinance for all of Int 2 has been
achieved through the submission of engineering data to the City and the con-
struction of such detention basins as may be required to comply with the Storm
Water Management Ordinance.
This Agreement shall not preclude the remodeling or expansion of any structures
located within Int 2, Empire Addition, which may be constructed as a result of
approval of the ISNRD, or the construction of any structures accessory thereto,
so long as such remodeling, expansion and accessory structures shall be in
compliance with applicable ordinances of the City.
Further, it is intended and agreed that this Agreement shall be binding, to the
fullest extent permitted by law and equity, for the benefit and in favor of, and
enforceable by the City, its successors and assigns, against the Owner, its
property, or any part thereof or any interest therein, and any party in possession
or occupancy of the property of any part thereof.
Dated this 6th day of December, 1983.
CITY OF IOWA CITY
Attest: lits us ,w> s�..u.✓
C..qi C erk
0
Received i Approved
By The Legal DcP rt
ant
3,2 79
f
STATE OF I(XA
SS:
COUNTY OF JOHNSON
On this 6th day of December 1983, before me, the undersigned, a Notary
Public in and for said county, in said state, personally appeared Mary Neuhauser
and Marian Karr to me personally known, who being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of said
corporation executing the within and foregoing instrument to which this is
attached, that the seal affixed thereto is the seal of said corporation, that
said instrument was signed and sealed on behalf of said eomoration by
authority of its City Council and that the said Mary Neuhauser and
Marian Karr as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by
then voluntarily executed.
Nota7nctfJ
Notary PUF51ic inn and the State of-Iowa
i'
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I STATE OF IOVA
SS: i
COUNTY OF JOHNSON
On this 5th day of December 1983, before me a Notary Public in and for the
State of Iowa, personally appeared Robert N. Downer; me personally known
to be the person who executed the above anoregoing ' str went and acknowledged
t the execution of the same to be his own untary act Pd deed.
terryi in an or the State o Iowa
I
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11b
-�72
RECEIVEu NOV 2 3 1983
SHIVE•HATTERY ENGINEERS
Highway 1 & Interstate 80, P.O. Box 1050
Iowa City, IA 52244
319.354-3040
November 21, 1983
Iowa City
Cedar Rapids
Davenport
Des Moines
Dubuque
Rock Island
Mr. Dale Helling RE: Communications Building Company
Assistant City Manager LSNRD
City of Iowa City
410 East Washington
Iowa City, Iowa 52240
Dear Dale:
The new building for this project is slated to start construction j
immediately in order to permit early foundation installation and
subsequent winter construction. Submittal of the necessary documents
to Planning and Zoning was made on November 16 with anticipated formal
action by Planning and Zoning on December 1.
Due to the weather restrictions it is mandatory for construction to
start immediately; we are thereby requesting that this item be placed
on the City Council agenda for the December 6 meeting. A one or two
week delay would stop construction until next spring.
Sincerely,
SHIVE-HATTERY ENGINEERS
James L. Shive
Engineer for Developer
JLS/caf
CC: Robert N. Downer
Karin Franklin
I
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CIVIL INDUSTRIAL ELECTRICAL MECHANICAL • STRUCTURAL GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION
9
V
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Karin Franklin
Item: KRNA Studio LSNRD Date: December 1, 1983
S-8331.
GENERAL INFORMATION
f Applicant:
Requested Action:
Size:
Location:
Existing zoning & land use:
Surrounding zoning & land use:
Comprehensive Plan:
Applicable regulations:
45 -day limitation period:
ADDITIONAL INFORMATION
Public utilities:
1
KRNA
Communications Bldg. Co.
1027 Hollywood Blvd.
Iowa City, IA 52240
Approval of a preliminary and final
large scale non-residential develop-
ment to construct a studio, storage
area and tower.
.99 acres
On the west side of ACT Circle, south of
ACT.
CO; vacant
North -00; office
East -CH; office & motel
South -CH; gas station
West -CO and RIA; vacant, dairy
Commercial office
Provisions of the Large Scale Non-
residential Development regulations,
and the Storm Water Management Ordinance.
January 2, 1984
City water service is available;
sewage treatment will be provided
with an approved septic system.
4
Public services:
Transportation:
Physical characteristics:
ANALYSIS
Municipal police and fire protection
will be available.
Access is provided via ACT Circle,
private drive off of Highway 1.
The terrain is hilly and wooded.
The LSNRD submitted for the KRNA development site is in substantial compliance
with the LSNRD requirements of the code. The reason for the LSNRD submission
for a development of .99 acres is rooted in the development history of the area
and requires some explanation.
In 1979 American College Testing (ACT) wished to develop a parcel of land
purchased from Empire Associates. This purchase was one of a number of splits
of a larger tract owned by Empire Associates and therefore, required subdivision
approval. An LSNRD was submitted and approved for the ACT development subject
to approval of a subdivision plat.
The subdivision of two lots called Empire Addition was approved in 1980 and
included two documents - a future dedication of ACT Circle at such time as
the City right-of-way was extended to the boundaryof Empire Addition (between
Howard Johnsons and the gas station, see attached map), and an agreement
stating that no building permit for any construction on Lot 2 would be issued
until an LSNRD was submitted for Lot 2. It is this second agreement that makes
the LSNRD necessary for the KRNA development.
As a side note, the dedication of ACT Circle never took place because the City
was unable to extend the public right-of-way to the Empire boundary. The appraised
value determined for the purchase of a portion of the right-of-way was excessive
and could not be borne by the City.
The impetus for the agreement requiring an LSNRD was the deferrment of the
provision of storm water management on Lott of Empire Addition. Storm water
management was provided on Lot 1, the ACT development, with the LSNRD on that
lot. Due to the topography, those basins could not serve Lot 2, which slopes
to the west. At the time, Empire Associates had no plans for Lot 2, could not
reasonably estimate the use for purposes of calculations, and would need to
negotiate with an adjoining property owner in order to construct any basin in
the only suitable location for a basin. The agreement permitted the deferral
of compliance until the development of Lot 2 was known.
Empire, or KRNA, wish to enter into a similar agreement at this time, with approval
of the LSNRD on Lot 2. The circumstances regarding the development plans for
the remainder of Lott (5.93 acres) and the construction of a basin are essentially
the same as what they were in 1980 when the first agreement was signed. The
proposed agreement would again defer storm water management compliance until
such time as any further development takes place on Lot 2, Empire Addition.
The City Engineer has reviewed this option and finds it acceptable to defer
compliance on all of Lot 2 with the development of .99 acres , but that
3.7 79
rr_
3
compliance should be required prior to any further subdivision or development
of Lot 2.
STAFF RECOMMENDATION
The staff recommends approval of the LSNRD plan for KRNA with an agreement
requiring compliance with the storm water management ordinance prior to any
further subdivision or development of Lot 2, Empire Addition.
DEFICIENCIES AND DISCREPANCIES
1. Specific trees, their size and the distances from the parking area,
should be shown.
ATTACHMENTS
1. Location map.
ACCOMPANIMENTS
1. LSNRD development plan.
2. Existing site plan.
Approved by:k
/
meiser,Direrof Planning and
Program Development
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MARIAN K. KARR
1
CITY CLERK (1)
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RESOLUTION NO.83-382
RESOLUTION APPROVING THE FINAL PLAT OF
PRAIRIE VIEW ESTATES, PART I SUBDIVISION OF
JOHNSON COUNTY, IOWA.
WHEREAS, Thomas Wegman, has filed with the City Clerk of Iowa City, Iowa,
an application for approval of the final plat of Prairie View Estates,
Part I, located on the following described real estate in Iowa City,
Johnson County, Iowa, to wit:
Commencing at the northwest corner of the southwest quarter of
Section 35, Township 80 North, Range 6 West of the 5th Principal
Meridian; thence South 1 degree, 48134" East, 150.06 feet along the
west line of said Section 35 to the point of beginning; Thence South
89 degrees 48' 19" East, 574.86 feet, to a 5/8 inch iron pin found;
Thence North 0 degrees, 14' 10" East, 150.92 feet, to a point on the
north line of the East line of the West half of said Section 35;
Thence South 1 degree, 52' 41" East, 1968.42 feet, to a point on the
northerly right of way line of Interstate 80; Thence North 86
degrees, 13' 38" West, 745.91 feet along said northerly right of way
line to a point which is 220.00 feet normally distant northerly of
center line station 983+00; Thence North 88 degrees, 01' 46" West,
1200.04 feet along said northerly right of way line, to a point which
is 230.00 feet normally distance center line station 971+00, Thence
South 71 degrees, 26' 55" West 262.58 feet, along said northerly
right of way line, to a point on the west line of said Section 35,
which is 140.00 feet normally distant from said center line; Thence
North 1 degree, 48' 34" West, 280.30 feet along said west section
line; Thence North 88 degrees, 34' 39" West 825.06 feet along the
south line of Lot 1, Yoder Subdivision of a tract in the southeast
quarter of Section 34, Township 80 North, Range 6 West of the 5th
Principal Meridian, according to the plat thereof recorded in plat
book 4, page 332, plat records of Johnson County Recorder's Office,
to the easterly right of way of Prairie du Chien Road; Thence North
12 degrees, 46' 40' West, 143.98 feet along said easterly right of
way line to a point on the north line of said Lot 1, Yoder Subdivi—
sion; Thence South 88 degrees, 30' 39" East, 451.42 feet along said
northerly line of Lot 1; Thence South 88 degrees, 24' 08" Fast,
401.18 feet to the West line of said Section 35; Thence North 1
degree, 48' 34" West, 1396.97 feet along said West section line to
the point of beginning. Said tract of land containing 97.13 acres
more or less and subject to easements and restrictions of record.
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 final subdivision plat and
have recommended approval of same;
WHEREAS, the final plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved; and
WHEREAS, the final plat is found to conform with all of the pertinent
requirements of the City ordinances of the City of Iowa City.
3a0a
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NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the final subdivision plat of Prairie View Estates, Part I, is
hereby approved.
2. That the Mayor and City Clerk are hereby authorized and directed to
certify this resolution which shall be affixed to the final plat after
passage and approval by law. The owner/subdivider shall be responsi-
ble for recording said resolution and plat along with all legal
documents required pursuant to the provisions of Chapter 409 of the
Code of Iowa, at the Office of the County Recorder of Johnson County,
Iowa, and returning a copy of such recorded document to the Office of
the City Clerk.
It was moved by Balmer and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X X Erdahl
Lynch
X
X McDonald
Neuhauser
i
X Perret
Passed and approved this 6th day of December , 1983.
I
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MAYOR
oh'na it' pp-podn °tip
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1
STAFF
REPORT
To: Planning & Zoning Commission
Prepared by: Bruce A. Knight
Item: 5-8327. Prairie View Estates
Date: October 6, 1983
Part I. Final Plat
GENERAL INFORMATION
Applicant:
Thomas Wegman
iI
212 Ferson
1
Iowa City, Iowa 52240
Requested Action:
Final plat approval
Purpose:
Subdivision of a 33 acre tract into
23 lots.
Location:
North of 1-80 and east of Prairie
du Chien Road.
Size:
33.22 acres
I
Comprehensive Plan:
One dwelling unit per acre
Existing land use and zoning:
Undeveloped and County RS
Surrounding land use and zoning:
North - undeveloped & County Al
East - undeveloped & County RS
South (across 1-80)
undeveloped & RIA
West - single family residential &
County RS
Applicable regulations:
Provisions of the Subdivision
Code, Rural Design Standards
and Storm Water Management
Ordinance
45 -day limitation period:
10/20/83
60 -day limitation period:
11/4/83
SPECIAL INFORMATION
Public utilities:
i
Public utilities .are not currently
available. Sanitary sewer service
and water service will be
privately owned.
i Public services:
Police protection will be provided
by Johnson County and fire
protection will be provided by the
City of Solon.
i
Transportation:
Physical characteristics:
ANALYSIS
Vehicular access is proposed for
Prairie du Chien Road via Kyle
Drive (no secondary access is
proposed at this time).
The topography ranges from
gently to steeply sloping (2%-
25%).
The applicant is requesting approval of the final plat of Prairie View Estates,
Part I, which contains approximately 33 acres divided into 23 lots. The
preliminary plat of the proposed development was originally reviewed in 1978 and
denied, primarily due to the lack of secondary access, and the location of the
proposed access point on a curve below a hilltop on Prairie du Chien Road. In
March, 1980, a second application was filed which proposed the same layout as
the 1978 plat, but corrected some of the technical difficulties. The item was
indefinitely deferred by the Planning and Zoning Commission to allow the
developer to resolve the access issue.
In December, 1982, a third preliminary plat was filed which had two major
changes ameliorating the access concern. First, the access point was relocated
from the original proposal which placed it on a curve, south to an alternative
location where adequate visibility was available. Second, the development
proposal was reduced from the original 79 lots to a 25 lot subdivision. The 25th
lot was a 73 acre tract which will require further subdivision prior to its
development. It was noted at the time staff reviewed the preliminary plat that
an agreement should be obtained as part of the legal papers that no building
permit will be issued on lot 25 until it is resubdivided and that no resubdivision
of lot 25 will be approved until secondary access is provided for the whole
development. Such access should only be provided via Syril Street if a
realignment of Prairie du Chien Road occurs.
At the time of preliminary plat approval, a note was required on the plat which
stated that "Syril street will not be improved for vehicular access until the
grade and/or alignment of Prairie du Chien Road is substantially improved." On
the final plat, the applicant has proposed to add to that note the following:
"...or approval is granted by Johnson County to open Syril Street." Staff
concerns regarding the use of Syril street as a point of permanent access can
only be mitigated by a realignment of Prairie du Chien Road which alters the
curvature and the grade of the road at the proposed point of intersection.
Since the proposed change to the note provides an avenue for Syril Street to be
opened without a realignment of Prairie du Chien Road, staff recommends
against this change.
The stormwater detention basin for Prairie View Estates, Part I, is not contained
within the 24 lots currently being final platted. Rather, Itis located on Lot 25
of the preliminary plat which represents the remainder of the tract. Therefore,
although calculations were submitted with the prelimimnary plat which indicated
that adequate storage was available in multiple ponds for the entire site,
additional calculations will be required to allow a determination that the basin
proposed for Part I provides adequate compensating storage for all 24 lots. In
addition, the subdivider's agreement should contain language that prior to the
construction of any buildings within the subdivision, the stormwater detention
3.2801
3
facility shall be constructed and certification of such construction shall
obtained from a registered professional engineer and delivered be
to the County
and to Iowa City; or, the money required to complete such construction plus 10%
shall be escrowed with the City of Iowa City.
STAFF RECOMMENDATION
Staff recommends that the final plat of Prairie View Estates, Part I be deferred.
Upon resolution of the above concerns, and the deficiencies and discrepancies
listed below, staff would recommend approval.
DEFICIENCIES AND DISREPANCIES
I. No legal papers have been submitted. These should include the
agreements described above, plus an agreement stating that whenever the
development is annexed within the city limits of the City of Iowa City all
connections of the development's utilities onto the City's utilities may be
required, and assessment waivers for all public improvements.
Z• It is the responsibility of the developer's engineer to establish a fire rating
for the area being developed, and a letter of transmittal
appropriate fire protection approving the proposed system from the
of fire
protection must be submitted.
3• Construction plans of proposed improvements must be submitted.
4• An access easement to the stormwater management basin and an easement
over the dam and control structure must be provided. No easement should
be shown over the remainder of the basin.
5. Calculations showing that the proposed stormwater management basin has
adequate capacity to
provided. provide compensating storage for Part I, must be
ATTACHMENTS
I • Location map.
ACCOMPANIMENTS
I• Final plat, Prairie View Estates, Part I
Approved by: r ,f• %�
D nald Sc'meiser, Director
Departme t of Planning &
Program Development
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'RESOLUTION NO. 83-384
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND VEENSTRA AND KIMM INC., ENGINEERS AND
PLANNERS, REGARDING ENGINEERING SERVICES FOR THE ROCHESTER
AVENUE RESERVIOR
WHEREAS, the City of Iowa City, Iowa, has negotiated an �reement
with Veenstra and Kimm, Inc. , a copy of said Wg eem
Rr—
being aUuched to tis Re" ution an by t is reference made a part ereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said agireement with Veenstra and Kimm, Inc., Engineers and Planners, for
engineering services for the Rochester Avenue Reservoir.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement nt_ with Veenstra and Um Inc.,
Engineers and Planners
2. That the City Clerk shall furnish copies of said agreement
any citizen requesting same. to
I It was moved by Balmer and seconded by Lynch
the resolution as rea be a opte , an upon roll call the were: that
er
AYES: NAYS: ABSENT:
Y Balmer
X Dickson
_ X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 6th day of December
19 83
C.
1I YDR
ATTEST:
CITY CLERK Received 8 Approved
By Tho Legal DepaHmenl
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AGREEMENT
THIS AGREEMENT, made and entered into this 6tl, day of 1983,
by and between the CITY OF IOWA CITY, IOWA, a municipal corpora ion,
hereinafter referred to as the City, and VEENSTRA & KIMM, INC.,
Engineers & Planners of West Des Moines and Iowa City, Iowa, a corporation
organized and existing under the laws of the State of Iowa, hereinafter
referred to as the Consultant,
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the
City does retain and employ the said Consultant to act for and represent it in
all matters involved in the terms of this Agreement. Such contract of
employment shall be subject to the following terns, conditions and
stipulations, to wit:
The Consultant shall not commit any of the following employment practices
and agrees to include the following clauses in any subcontracts:
A. To discharge from employment or refuse to hire any individual because of
race, sex, color, religion, national origin, sexual orientation, marital
status, age or disability unless such disability is related to job
performance of such person or employee.
B. To discriminate against any individual in terns, conditions or
privileges of employment because of race, sex, color, religion, national
origin, sexual orientation, marital status, age or disability unless
such disability is related to job performance of such person or
employee.
I. SCOPE OF SERVICES
This Agreement provides for design conferences, design surveys, making
arrangements for subsurface soils investigations, preparation of plans and
specifications and services during the bidding phase for the Project, as
described below. The work under this Agreement shall be considered complete
on the close of the business day that construction contracts are awarded for
the Project. It is understood and agreed that the scope of the Project or the
scope of the engineering services set forth herein may be modified by an
amendment to this Agreement. Modifications to the scope of engineering
services may include general services during construction, resident review of
the work of the Contractors, start-up services or preparation of an operation
and maintenance manual.
The Project to which this Agreement is applicable shall be entitled ROCHESTER
AVENUE RESERVOIR and shall include the following components:
A. Contract 1 - A two (2) million gallon prestressed concrete water storage
tank located on City -owned property near the intersection of Rochester
Avenue and Post Road.
B. Contract 2 - A pumping station and appurtenances to provide for filling
the reservoir from the water distribution system and pumping from the
reservoir back to the distribution system to increase pressure.
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The specific elements of the scope of services are as follows:
A. The Consultant shall attend such design conferences with the City as
may be necessary to make decisions as to details of design of the
Project.
B. The Consultant shall conduct design surveys in the field, including
information relative to topography and other features as are necessary
for the design and preparation of plans and specifications for the
Project. Design surveys do not include surveys for acquisition of land,
easements and rights-of-way.
C. After the necessary design conferences, the Consultant shall prepare all
such detailed plans and specifications as required for construction of
the Project. The specifications shall describe, in detail, the work to
be done, materials to be used and the construction methods to be
followed. The plans and specifications shall comply with the
requirements of the Iowa Department of Water, Air and Waste Management
(WAWM) for projects of this type. Plans and specifications shall be
submitted to the City and to WAWM for review and approval. The plans
and specifications shall be considered complete upon approval by the
City and WAWM and issuance of a construction permit by WAWM.
Upon completion of the plans and specifications and approval of same by
the City and issuance of a construction permit by WAWM, the Consultant
shall furnish the City with three sets of approved plans and
specifications. The Consultant shall furnish the City a reproducible
mylar of each contract drawing.
D. The Consultant shall secure the services of a competent soils
investigations firm subject to the approval of the City. The soils
investigations firm shall make soil borings, conduct field and
laboratory testing and deliver copies of a written report on soil
characteristics and bearing capacities to the Consultant. The City
shall provide access to the reservoir location.
E. The Consultant shall assist in the preparation of notice to contractors
and shall provide copies of the plans and specifications for prospective
bidders. The Consultant shall have a representative present when bids
and proposals are opened and shall prepare a tabulation of bids for the
City and shall advise the City in making the awards. After the awards
are made, the Consultant shall assist in the preparation of necessary
contract documents.
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F. Upon request, the Consultant agrees to furnish special services. Such
special services may include:
(1) Land surveys, title and easement searches and descriptions of
boundaries and monuments and related office computations and
drafting.
(2) Assist the City as expert witness in litigation arising from the
development of construction of the Project.
II. TIME OF COMPLETION
The Consultant will complete and submit the plans and specifications for the
Project within one hundred five (105) days after execution of this Agreement.
III. GENERAL TERMS
A. Should the City terminate the Agreement, the Consultant shall be paid on
the basis of Direct Personnel Expense, as herein attached and known as
Exhibit A, times a 2.2 multiplier for the various classes of personnel
actively engaged on the Project for all work completed and for all work and
services performed up to the time of termination; however, such sums shall
not exceed the "not to exceed" amount listed in Section Iv. The City may
terminate this Agreement upon seven (7) days written notice to the
Consultant.
B. This Agreement shall be binding upon the successors and the assigns of the
parties hereto; provided, however, that no assignment shall be made without
the written consent of all parties to said agreement.
C. The Consultant agrees to indemnify and hold harmless the City of Iowa City,
its officers, employees, and agents against any liability or claim of
damages arising out of the negligent acts, errors, or omissions of the
Consultant, his employees, or agents.
D. It is understood and agreed that the employment of the Consultant by the
City for the purposes of said project shall be exclusive, but the
Consultant shall have the right to employ such assistants as may be
required for the performance of the Project. The Consultant shall be
responsible for the compensation, insurance and all clerical detail
involved in their employment.
E. It is agreed by the City that all records and files pertaining to
information needed for the Project will be made available by said City
upon request of the Consultant. The City agrees to furnish all reasonable
assistance in the use of these records and files.
F. It is further agreed that no party to this Agreement will perform contrary
to any State, Federal or County law or any of the Ordinances of the City of
Iowa City, Iowa.
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G. J. W. Kimm shall attend such meetings of the City Council relative to
the work set forth in this Agreement as may be requested by the City. Any
requirements made by the City shall be given with reasonable notice to the
Consultant so that he/she may attend.
The Consultant agrees to furnish, upon termination of this Agreement and
upon request of the City, copies of all basic notes and sketches, charts,
computations and any other data prepared or obtained by the Consultant
pursuant to this Agreement, without cost and without restriction or
limitation as to their use.
I. The Consultant agrees to furnish all reports and/or drawings with the seal
of a Professional Engineer affixed thereto where such seal is required by
law. The original contract drawings shall become the property of the City.
J. The City agrees to tender to the Consultant all fees and money in
accordance with the schedule that follows except that failure by the
Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment in the amount
sufficient to properly complete the Project in accordance with this
Agreement.
K. If, after the plans and specifications are completed and approved by the
City, the Consultant is required to change plans and specifications because
of changes made by the City, the Consultant shall receive additional
compensation for such changes which shall be based upon standard hourly
fees as set forth in Exhibit A, plus expenses for personnel engaged in
making the changes.
The fees stated herein cover the specific services as outlined in this
Agreement. If the City requires additional services of the Consultant in
connection with the Project, such additional services shall only be
provided upon the prior written authorization of the Director of Public
Works. The Consultant shall receive additional compensation for properly
authorized extra services. Such additional compensation shall be at the
standard hourly fees of the Consultant as set forth in Exhibit A, plus
expenses for personnel engaged in authorized extra work.
M. Should any section of this Agreement be found to be invalid, it is agreed
that all other sections shall remain in full force and effect as though
severable from the part invalid.
N. Direct Personnel Expense for the purposes of this Agreement shall be
defined as hourly wage plus retirement and fringe benefits. Said
Consultant shall, upon demand, furnish receipts therefor or certified
copies thereof.
Records of the Consultant's Direct Personnel Expense and Reimbursable
Expenses pertaining to the Project shall be kept on a generally recognized
accounting basis and shall be available to the City or its authorized
representative at mutually convenient times.
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P. All reimbursable outside expenses are in addition to the fees for
professional services and include actual expenditures made by the
Consultant, his employees, or his consultants in the interest of the
Project for the following expenses listed:
(1) Expense of living when traveling in connection with the Project and
for long distance calls. There will be no charge for mileage.
(2) Expense of reproduction, postage and handling of Drawings and
Specifications, excluding copies for Consultant's office use.
(3) Fees paid for securing approval of authorities having jurisdiction
over the Project.
IV. COMPENSATION FOR SERVICES
The City agrees to pay for services stated in this Agreement on the basis of
the following fees:
The Consultant shall be paid a fee based upon 2.2 x Direct Personnel
Expense as set forth in Exhibit A. The total fee, including reimbursables,
shall not exceed the amount of Sixty-nine Thousand Five Hundred Dollars
($69,500). Special services, if required, shall be based upon 2.2 x Direct
Personnel Expense.
GENERAL
The Direct Personnel Expense of all personnel classifications associated with
this Project are shown on attached Exhibit A and said Exhibit A is made a part
of this Agreement. The City agrees to reimburse the Consultant for outside
expenses at cost. The Consultant shall furnish receipts of all outside
expenses upon request.
The "not to exceed" figure listed in this section includes Direct Personnel
Expense and reimbursables and does not include special services. Special
services are above and beyond the "not to exceed' figure.
Fees will be billed and due and payable monthly. With each billing, the
Consultant shall list the individual, the hours worked, and hourly rate.
All provisions of this Agreement when not specifically defined shall be
reconciled in accordance with the highest ideals of the Engineering Profession.
The undersigned do hereby state that this Agreement is executed in triplicate
as though each were an original and that there are no oral agreements that
have not been reduced to writing in this instrument.
It is further stated that there are no other considerations or monies
contingent upon or resulting from the execution of this Agreement nor have any
of the above been implied by any party to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the date first written above.
FOR THE CITY:
CITY OF IOWA CITY, IOWA
FOR THE CONSULTANT:
VEENSTRA 8 KIMM, INC.
S< l
re n
ATTEST:
By—
(;I ty
*Per Hour
VEENSTRA & KIMM, INC.
Engineers & Planners
EXHIBIT A
DIRECT PERSONNEL EXPENSE
July 1,
1983
ENGINEERS
Grade
Direct Personnel
Expense*
P-6
$10.00-11.50
P-7
10.50-12.00
P-8
11.00-12.50
P-9
11.50-13.00
P-10
12.00-13.50
P-11
12.50-14.00
P-12
13.00-14.50
P-13
14.50-16.00
P-14
15.50-17.00
P-15
16.50-18.00
P-16
17.50-19.00
P-17
18.50-20.00
P-18
20.00-21.50
P-19
21.50-23.00
P-20
23.00-25.00
P-21
25.00-28.00
P-22
28.00-30.00
Principals
45.75
TECHNICIANS
NON-PROFESSIONAL
Grade
Direct Personnel
Expense* Range
Grade
Direct Personnel
Expense*
Rate
T -E
$ 7.00- 8.00
NP -7
5 7.00
T -F
7.50- 8.50
NP -8
7.50
T -G
T -H
8.50- 9.50
NP -9
8.00
T -I
9.00-10.00
NP -10
9.00
T -J
9.50-10.50
NP -11
9.50
T -K
10.00-11.00
IJP -12
10.00
TA
10.50-11.50
NP -13
11.00
T -M
11.00-12.00
NP -14
11.50
T -N
12.00-13.00
NP -15
12.00
T-0
13.00-14.00
NP -16
12.50
T -P
14.00-15.50
NP -17
13.50
T -Q
15.50-17.00
NP -18
14.00
T -R
16.50-18.00
NP -19
15.00
T -S
17.50-19.00
NP -20
16.00
18.50-20.00
T -T
19.50-21.00
*Per Hour
VEENSTRA & KIMM, INC.
Engineers & Planners
Ci
City of Iowa Citi
MEMORANDUM
DATE: November 30, 1983
TO: Neal Berlin and City Council
FROM: Chuck Schmadeke
RE: Agreement With Veenstra and Kimm Inc., regarding
engineering services for the Rochester Avenue
Reservior (Water Storage Tank)
Veenstra and Kimm Inc., Engineers and Planners, have been involved in the
expansion of the Iowa City's water treatment and distribution system since
1966. They were the City's engineering consultants responsible for design
and construction of the water treatment plant expansion and computerization
in 1973. They were also the City's engineering consultant responsible
for the design and construction of the two 2 -million gallon water storage
tanks constructed in 1969 and 1970, located adjacent to Melrose Avenue
and Sycamore Street. In addition, Veenstra and Kimm Inc., evaluated
the City's water treatment and distribution system in 1968.
The quality of Veenstra and Kimm's work in the water treatment area has
proven to be exceptional and Iowa City has not experienced any problems
with their designs. Therefore, the Public Works Department recommends
approval of the agreement with Veenstra and Kimm Inc., regarding
engineering services for the Rochester Avenue water storage tank.
The total design cost is $69,500.
3.719,57
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RESOLUTION NO. 83-385
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED
BY MAUDE A. GLICK
WHEREAS, on March 16, 1981, Maude A. Glick executed a promissory note to
the CIty of iowa city in the amount of $15,000 for value received by way
of a Housing Rehabilitation Loan, and
WHEREAS, said promissory note provided that the principal on said note
would be forgiven in the event of incapacitating illness of the signatory
of the nate, and
WHEREAS, the City has received a doctor's verification that Mrs. Glick
has an incapacitating illness, and
WHEREAS, the existing principal on said note is $12,000, and
WHEREAS, a release of lien was previously executed by the City pursuant
to Resolution No. 83-192; however, that release has been objected to
because it did not include the Housing Rehabilitation Program, and
WHEREAS, the attached Release of Lien includes the Housing Rehabilitation
Program of Iowa City, Iowa, as well as the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor is authorized to sign
and the City Clerk to attest the
attached Release of Lien whereby the
City does release the affected
property from an obligation of Maude
A. Glick to pay to the City the
principal amount of $12,000.
It was moved by Lynch
and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
i
AYES: NAYS:
ABSENT:
X
Balmer
i X
Dickson
_X— Erdahl
X
Lynch
X
McDonald
X
Neuhauser
X
Perret
Passed and approved this 6th day of
I
December , 1983.
AYOR
A h IA Lyy✓
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ATTEST:, -A. ksw.,)
Rotdved A Approved
I CLERK
By The Ipel DepeAment
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RELEASE OF LIEN
Date December 6, 1983
KNOW ALL MEN BY THESE PRESENTS:
That the city of Iowa City, Iowa, and Housing Rehabilitation Program
of Iowa City, Iowa, does hereby release the following described property:
The East Half of Lot Four (4) and the {Vest eight and
one-half (8-,) feet of Lot Five (5) all in Block One
(1), Rose Hill Addition to Iowa City,Iowa, as shown
by the recorded plat thereof, subject to easements
and restrictions of record.
from an obligation of Maude A. Glick to the City of Iowa City, Iowa in the
principal amount of $12,000.00 represented by a promissory note recorded in
the Office of the Johnson County Recorder on March 20, 1981 in Book 592, Page
179.
This obligation has been forgiven in full for reasons of incapacitating
illness.
CITY OF IOWA CITY, IOWA
BY:-�WJJ'
(Mayor)
HHceMed d Appmvo4
ATTEST: BY Thi legal Deparhnenl
*J 76 r
(City Clerk)
STATE OF IOWA.
� SS:
JOHNSON COUNTY,
On this 6th day of Decembe>1983, before me, the undersigned, a Notary
Public in and for the Stato of Iowa, personally appeared Mary C. Nouhauser
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 by authority of its City Council; and
that the said Mary C. Nouhauser and Marian K. Karr , as such officers acknowledged
the execution of said instrument to be the voluntary act and deed of said municipal
corporation, by it and by them voluntarily executed.
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Na�ta�tYy Public an and r the State of Iowa
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Resolution 83-386
RESOLUTION APPROVING AN URBAN DEVELOPMENT ACTION GRANT AGREEMENT FOR
URBAN RENEWAL PARCEL. 64-1b (HOTEL SITE)
WHEREAS, the City Council of Iowa City, Iowa did by Resolution 83-99
authorize the submission of an application to the U.S. Department of
Housing and Urban Development -Urban Development Action Grant Program
to assist the development of a hotel on Urban Renewal Parcel 64-1b;
and
WHEREAS, the U.S.'Department of Housing and Urban Development -Urban
Development Action Grant Office did notify the City of Iowa City, Iowa
of an Urban Development Action Grant award of $2,081,000 contingent
upon the approval of the Urban Development Action Grant Agreement by
the City Council of Iowa City, Iowa.
NOW, THEREFORE BE IT RESOLVED that the Mayor of Iowa City, Iowa is
authorized on behalf of the City of Iowa City to sign the Urban Develop-
ment Action Grant Agreement and to direct the City Manager to execute
this Grant Agreement on behalf of the City of Iowa City.
It was moved by Perret and -seconded by
Dickson. the Resolution was adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
_ X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 6th day of December 1983.
Ary J uhauser, Mayor
City Iowa City, Iowa
ATTEST:
ar an K. Karr, City Clerk,
City of Iowa City, Iowa
M�Iw� Approved
aWM"ni
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
EXHIBIT A
SUPPLEME"rARY PROVISIONS
Rider to Section 1.03(2). In addition to Recipient's Application for Federal
Assistance (SF 424), the "Application" shall include the following submittals:
Letters dated:
(1) June 24, 1983 to Ms. Rosalyn Doggett, UDPG, from Harry A. Johnson, Jr.,
stating terms of repayment of UDAG Iran.
(2) June 22, 1983, to Dawn Kuhn, UDAG, from Norwest Bank, Minneapolis, Minnesota,
confirming secured working capital line of $15,000,000 available to Dain
Bosworth.
(3) June 2L, 1983, to Dawn Kuhn, UDAG, from the Northern Trust Company, Chicago,
Illinois, confirming the $15,000,000 borrowing line available to Dain
Bosworth.
(4) June 20, 1983 to Ms. Rosalyn Doggett, UDAG, from John Hayek, Iowa City's
attorney, regarding bond purchase agreement between City and Developer.
(5) June 20, 1983, to Ms. Rosalyn Doggett, UDPG, from Thomas J. Flynn, Zuchelli,
Hunter and Associates, Inc., Annapolis, Maryland, enclosing the following
letter from State Historic Preservation office, draft agreement between City
and Developer regarding parking spaces for project and an agreement between
Developer and Vern Beck and Associates on development management
responsibilities.
(6) June 17, 1983, to Rosalyn Doggett, UDAG, from Vernon R. Beck concerning set
back of Project building required by State Historic Office.
(7) June 17, 1983, to Dawn Kuhn, UDAG, from Wayne Hester, Dain Bosworth, Inc., as
addendum to letter of June 16, 1983, stating their commitment to purchase
bonds for proposed project is not conditioned upon signed franchise agreement.
(8) June 16, 1983, to Rosalyn Doggett, from Adrian Anderson, State Historic
Preservation Officer, stating design agreement.
(9) June 16, 1983 to Rosalyn Doggett, UDAG, from Andrea Hauer, Developnent
Coordinator, City of Iowa City, enclosing revised job projections and proposed
hotel management agreement between CIDCO and Developer.
(10) June 16, 1983, to Mayor Mary Neuhauser, City of Iowa City, from Wayne Hester,
Vice President, Dain Bosworth, Inc., committing to purchase bonds to finance
project and enclosing financial report.
(11) June 15, 1983, to Rosalyn Doggett, UDAG, from Thomas J. Flynn, Zuchelli,
Hunter and Associates (ZHA), enclosing supplementary documents including
revised Developer commitment letter.
(12) June 14, 1983, to Thomas Flynn, ZHA, from Wayne A. Hester, Dain Bosworth,
Inc., stating terms and conditions of bond financing.
(13) June 13, 1983, to Dawn Kuhn, UDAG, from Thomas J. Flynn; ZHA, enclosing the
following materials: (a)'letter of commitment—Midwest Federal Savings and
Iran; (b) Financials on Midwest Federal; (c) Letter to Developer from Holiday
Inn regarding franchise agreement; (d) estimated total development costal (e)
ten-year cash flow projection; (f) construction costs estimates; (g) detailed
budget for fixtures, furnishings, and equipment; and (h) UDAG Form 3.
EXHIBIT A
Page 1 of 3
397
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021'
Continuation Sheet—Exhibit A
(14) June 13, 1983, to R43salyn Doggett, UDAG from Neal G. Berlin, City Manager,
City of Iowa City, enclosing information on public hearings, environmental and
historical review, zoning of site and other supplemental material to the
application.
(15) May 19, 1983, to Rosalyn Doggett, MW, from Thomas J. Flynn, ZHA, regarding
average hotel development costs per room.
Rider to Section 1.03(12). The term "Participating Party" consists of the
following persons, firms, corporations and entities:
"Developer" shall mean Dr. Harry Johnson d/b/a Mid -City Hotel Associates - Iowa
City, with an address of 825 Nicollet Mall, Minneapolis, Minnesota
55416.
"Guarantor" shall mean Dr. Harry Johnson with an address of 825 Nicollett Mall,
Minneapolis, Minnesota 55416.
"Bond Purchaser" shall mean Dain Bosworth, Inc., with an address of 112 South
Dubuque Plaza, Iowa City, Iowa 52240.
"Holiday Inns" shall mean Holiday Inns, Inc.,. with an address of 3742 Lamar Avenue,
Memphis, Tennessee 38195.
"cmco" shall mean CI1lCO Management Oompany, Inc., with an address of 1250 Superior
Avenue, The Park Mall, Cleveland, Ohio 44114.
Rider to Section 1.03(13). The phrase "the UDAG percentage of" contained on
the first line of paragraph (13) and the last sentence thereof are deleted in their
entirety.
Rider to Section 2.01. The amount of this UDAG grant is Two Million Eighty.
One Thousand Dollars ($2,081,000).
Rider to Sections 5.03 and 9.06. The jobs referenced at Section 5.03 and the
assurances required at Section 9.06 shall aggregate:
Total Permanent Jobs: 178
Total Permanent Jobs for low- and Moderate -Income Persons: 150
Total Permanent Jobs for CEPA-Eligible Persons: 25
Total Permanent Jobs for Minorities: 10
Total Permanent Jobs for Low- and Moderate -Income R6Aidents
of the Pocket of Poverty: N/A
Job Requirements shall be completed within 48 months from the
Date of Preliminary Approval.
1.
EXHIBIT A
Page 2 of 3
Recipient: Iowa City, Iowa
Grant Number: B -83 -AA -19-0021
Continuation Sheet ---Exhibit A
Rider to Section 11.01. The address of the Recipient for the
purposes of communications relating to this Grant Agreement shall
be the following:
Honorable Mary Neuhauser
Mayor of Iowa City
Iowa City 52240
Contact Person: Andrea Hauer
City of Iowa City
Civic Center
410 E. Washington street
Iowa City, Iowa 52240
Rider to Section 1.03. (21) "Developer's Equity" shall mean
all funds'to complete the Project, less the UDAG Loan, the first
mortgage loan and Recipient Funds.
Rider to Sections 2.04, 9.01, 9.02 and 9.03. Any repayment
or other payments received pursuant to Paragraph III of Exhibit E
of this Grant Agreement and received prior to completion of the
UDAG funded Recipient Activities shall be held in escrow pursuant
to Section 2.04(a) of this Grant Agreement until completion of the
UDAG funded Recipient Activities. All escrowed funds shall bear
interest with the accounts insured by an agency of the U.S.
iGovernment. Upon completion of the UDAG funded Recipient
Activities, any funds held in said escrow shall be spent for
activities eligible under Title I of the Housing and community
Development Act of 1974, as amended, and shall be spent in
accordance with Part 570 of Title 24 Code of Federal Regulations.
Any repayments received after completion of the UDAG funded
Recipient Activities shall be deemed miscellaneous revenues and
shall be spent for activities eligible under Title I of the
Housing and Community Development Act of 1974, as amended, and
shall not be governed by Part 570.
EXHIBIT A
Page 3 of 3
z
1
Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
EXHIBIT B
DESCRIPTION OF RECIPIENT ACTIVITIES
Rider to Section 1.03(17). The "Recipient Activities" for
the Project shall consist of the following:
(1) Recipient shall loan up to $2,081,000 in UDAG Funds and
expend $55,000 in Recipient Funds to partially finance the
construction by the Developer of a 178 -room hotel as
described in Paragraph I of Exhibit C.
(2) Recipient shall convey the 37,650 square foot parcel known as
Urban Renewal 64-1b in Iowa City, Iowa (the "Site") and
easement area of approximately 222 feet east and west by 20
feet north and south in block 64 to Developer, at a cost of
not less than $210,000.
(3) Recipient shall execute a Parking Agreement with Developer
guaranteeing that there will be adequate parking reserved for
hotel guests in municipal Parking Ramp B located on Block
640T in Iowa City, Iowa.
(4) Recipient shall issue not less than $7,693,000 in commercial
development revenue bonds for the purpose of financing the
construction of the 178 -room hotel project.
(5) Recipient shall use approximately $15,000 in Recipient Funds
for Administrative Costs.
EXHIBIT B Page 1 of 1
Ci
Recipient: Iowa City, Iowa
7
Grant Number: B -83 -AA -19-0021
EXHIBIT C
DESCRIPTION OF NON -RECIPIENT ACTIVITIES
Rider to Section 1.03(11). The "Nan -Recipient Activities"
for the Project shall consist of the following:
I
Developer shall acquire the Site and construct a 178 -roam
hotel thereon, at a cost of not less than $12,139,000, of which
$7,693,000 shall be bond proceeds, $2,310,000 shall be from
Developer's equity, up to , $2,081,000 shall be UDAG funds, and
$55,000 shall be Recipient funds.
II
Bond Purchaser shall purchase commercial development revenue
bonds in any amount not to exceed $7,693,000 for use iri financing
the development of the Project, provided, however, the amount of
the revenue bonds may exceed $7,693,000 by an amount necessary for
debt service reserve funds not to exceed an additional $600,000.
III
Developer shall invest at least $2,310,000 cash equity in the
development of the Project.
IV
Developer shall enter into a franchise agreement with Holiday
Inns covering the operation of the Hotel.
i
V
Developer shall enter into a management agreement with CIDCO
to manage the operations of the Hotel Project.
VI
Guarantor and Developer shall
p jointly ,and severally
unconditionally and irrevocably guarantee the completion of the
Project and the repayment of the UDAG Loan to the Recipient within
the timeframe hereinafter set forth in Exhibit F to this Grant
Agreement.
EXHIBIT C Page 1 of 1
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
EXHIBIT E
REQUIRED EVIDENTIARY MATERIALS
The evidentiary materials to be submitted by the Recipient
for the approval of the Secretary shall include the applicable
provisions of Article IX of this Grant Agreement and shall consist
of the following:
I
(a) All governmental approvals and permits necessary for the
commencement of the Recipient and Non -Recipient Activities shall
have been obtained.
(b) Evidence of this commitment shall be a written
certification from Recipient, signed by the chief executive
officer, in accordance with Section 10.02 of this Grant Agreement,
that all such governmental approvals and permits have been
obtained.
II
(a) Title to all land necessary for the Project, except land
to be acquired with Grant Funds, shall be held by Recipient or the
appropriate Participating Party.
(b) Evidence of this commitment shall be in accordance with
section 10.10 of this Grant Agreement.
III
(a) Recipient and Developer shall enter into a contract
which shall include provisions consistent with the following:
(1) Recipient shall agree to carry out all Recipient
Activities set forth in Exhibit B to this Grant Agreement.
(2) Developer shall agree to carry out all activities
set forth in Paragraphs I, III, IV, V and VI of Exhibit C to this
Grant Agreement.
(3) Recipient shall be obligated to make a loan to
Developer in the amount of up to $2,081,000 in Grant Funds (the
EXHIBIT E Page 1 of 10
,3-197
14 N
Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
"UDAG Loan"), which shall be used for the construction of the
hotel. The terms and conditions of the UDAG Loan shall be
consistent with the following:
(i) Term - 25 years commencing upon the first
disbursement of Grant Funds.
(ii) Interest Rate - 8% per annum base rate of
interest.
(iii) Repayment - Interest shall be forgiven
during construction and the first two years of operation or until
December 31, 1986, whichever is earlier. Operating years three
and four, principal and interest shall be deferred and such
interest shall be compounded at 9% interest annually, added to the
Principal balance, and be due and payable at the end of the loan
term. After operating year five, principal and interest payments
at 8% per annum shall be payable monthly in amounts sufficient to
fully amortize the loan in full prior to the end of the term
thereof.
(iv) Disbursement/Ratio - Loan disbursements shall
be based on vouchers submitted by Developer, verified by
Recipient, and certified by the architect, construction manager,
or other certifying official as shall be acceptable to Recipient.
All submissions by contractors of monthly requisitions shall be on
AIA Forms 702 and 703 or their equivalent.
No disbursement of the loan of Grant Funds shall be made
unless and until Developer has furnished to Recipient an ALTA
Policy for mortgage title insurance, in the full amount of the
aggregate loan, insuring that Recipient will be the holder of a
subordinated first lien on land, buildings, fixtures, free of
encumbrances and other exceptions to title other than those
approved in, advance by Recipient, and not subordinated to any
interest except the aforesaid first lien in an aggregate amount
not to exceed $7,693,000 plus the amount of any necessary debt
service reserve funds in an amount not in excess of $60o,0oo.
EXHIBIT E Page 2 of 10
3a97
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
No disbursement of the loan of Grant Funds shall be made
unless and until Developer shall have furnished to Recipient a
Builder's Risk and Fire Insurance policy or policies duly endorsed
to indicate Recipient as insured mortgagee.
No disbursement of loan funds shall be made until all of the
evidentiary materials required by this Exhibit E have been
submitted to and approved by the Secretary and the Secretary has
authorized the Recipient to draw down such funds from its Letter
of Credit.
No loan disbursements shall be made in an amount which
together with previous disbursements would exceed the ratio of
$1.00 of Grant Funds for every $4.80 of private funds expended by
Developer.for the Project.
(v) Security - The loan shall be secured by a deed
of trust or mortgage in favor of Recipient upon all buildings,
fixtures, equipment and other assets of the developer comprising
the Project. The security position of the Recipient may be
subordinated to the first mortgage security interest securing the
commercial revenue bonds in an amount not to exceed $7,693,000
plus the amount of any necessary debt service reserve funds in an
amount not in excess of $600,000. The first mortgage security
interest may also include a mortgage which is on parity with or
isecondary to the first mortgage which secures a letter of credit
i
ior any other security device which provides additional security
for the commercial revenue bonds, so long as the aggregate debt
secured does not exceed $7,693,000 plus the amount of any
i
necessary debt service reserve funds in an amount not in excess of
$600,000.
The deed of trust or mortgage shall also contain standard
provisions to protect the interest of a subordinated first
mortgage, including, for example, a provision that a default under
the first mortgage which could permit a foreclosure by the first
EXHIBIT E Page 3 of 10
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
mortgagee shall constitute a default under the subordinated first
mortgage and the unpaid principal balance and interest shall be
due and payable.
The deed of trust or mortgage shall not contain an
exculpation clause in favor of Developer.
To the extent permitted by law, all of the personal property
described in the mortgage shall be deemed to be fixtures and part
of the property. As to any part of such personal property not
deemed or permitted by law to be fixtures, the mortgage shall
constitute a security agreement under the Uniform Commercial Code.
In addition, the loan shall be secured by a first lien
in favor of Recipient and Lender upon all capital equipment
purchased with the proceeds hereof which shall not be subordinated
to any other interest. Developer shall cause to be recorded any
and all appropriate Uniform Commercial Code financing statements
and/or security agreements in order to secure this loan. The
financing statements and/or security agreements shall not contain
an exculpation clause in favor of Developer.
(vi) Sale/Refinancing - The entire balance of the
outstanding principal of the UDAG loan and all accrued unpaid
interest thereon, shall become immediately due and payable at the
option of the Recipient or the Secretary upon (1) the bankruptcy,
reorganization, dissolution or liquidation of the Developer, --or
upon the sale under foreclosure of the Project Site, improvements
and/or capital equipment situated thereon, or (2) upon the sale,
partial sale, syndication (except initial syndication of the
Project), refinancing, exchange, transfer or other disposition of
the Project site, improvements and/or capital equipment situated
thereon without the prior written consent of the Recipient;
provided, however, that this provision does not apply to a
transfer to his heirs or his estate by reason of the death of the
Developer, to a trust for the benefit of the immediate members of
EXHIBIT E Page 4 of 10
3.797
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.r�.•nuasx:unr+aa%art: v::rt • ...::..�� .... ..
Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
his family and heirs at law and created under his estate; and
further provided that the commercial development revenue bonds may
be refinanced as provided in III (a) (3) (xii) hereof.
(vii) Guarantee - The repayment of the UDAG Loan
and the completion of Non -Recipient Activities shall be
unconditionally and irrevocably guaranteed by Developer.
(viii) Prepayment - Prepayment may not occur until
after the fifth year of the loan term and thereafter prepayment
may occur, provided Developer pays the full amount of the UDAG
Loan plus any accrued interest as specified in paragraph III
(a)(3)(iii) and the Developer buys out the Recipient's
participation in the Project by imputing a sale at fair market
value as determined by an MAI appraisal as set forth in III
(a)(3)(xiii) hereof and using the formula for distribution of Net
i
Proceeds upon sale or refinancing.
(ix) Reduction of UDAG Loan - In the event that the
i cost of the Project (exclusive of working capital) is less than
$12,139,000, the UDAG Loan shall be reduced by $.80 for each $1.00
of such shortfall and such UDAG Funds shall not.be drawn down under
the Letter of Credit.
(x) Annual Accounting - Developer shall deliver a
statement to Recipient from an independent Certified Public
Accountant, within 60 days of the close of each calendar year
during the term of the loan certifying:
(1) Gross Income;
(2) Operating Expenses;
(3) Net Annual Cash Flow;
(4) Developer Equity;
(5) Net Proceeds, if applicable; and
(6) The amount of participation in Net Annual
Cash Flow and Net Proceeds due Recipient.
EXHIBIT E Page 5 of 10
3.79
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17
Recipient: Iowa City, Iowa Grant Number: 5 -83 -AA -19-0021
(xi) Participation - Developer shall pay to
Recipient for a period of time equal to the term of the UDAG Loan,
25% of the proceeds from the cumulative Net Annual Cash Flow of the
Project as specified below. "Net Annual Cash Flow" is defined as
all annual operating income less debt service on the first
mortgage, the UDAG Loan, operating capital loans and working
capital loans made by third parties, real estate taxes, and
reasonable operating expenses allowable for Federal income tax
purposes, and contributions to a reserve fund in an amount not to
exceed 4-1/2% of the annual operating income to be used for
replacement and repair of capital improvements, excluding
depreciation and other non-cash items and shall specifically
I
include a management fee not to exceed 3% of operating income (and
j to the extent that debt service on the first mortgage and the UDAG
Loan has been paid current, up to an additional 5% of annual
I- operating income as an incentive management fee) to be paid under
any bona -fide management contract to an independent third party
('or to a related party consented to by the Recipient) and a non-
cumulative return of 13.5% on Developer's verifiable cash equity
(Developer's equity) invested in the Project. Participation
payments shall be due within 90 days from the end of each operating
year of the facility.
(xii) Participation in Sale or Refinancing -
Developer shall pay to Recipient 25% of the Net Proceeds from any
sale or disposition in whole or part of the Project or from any
syndication or refinancing, except refinancing in an amount equal
to the first mortgage including any reserve where the earnings of
such reserve are sufficient to offset the interest cost thereof.
"Net Proceeds" shall be defined as all proceeds received less (1)
repayment of the first mortgage (if applicable), (2) repayment of
the UDAG loan, (3) operating capital leans or working capital
loans made by third party, (4) Developer's documented reasonable
EXHIBIT E Page 6 of 10
3a%,2
AN
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
costs of sale or refinancing, and (5) repayment of documented
Developer's equity contributed to the Project. The Recipient must
agree in.. writing to any change in the amount of the first loan. In
the event Developer shall refinance or sell a partial interest in
the Project at any time, the Recipient shall continue to receive
the participation in Net Annual Cash Flow and Net Proceeds for the
i
original term of the UDAG Loan or until Developer sells 100% of the
Project, whichever occurs first, at which time Developer shall
purchase Recipient's participation in the Project as provided in
subparagraph (viii) above.
(xiii) At the end of the loan term, in addition to
paying the principal balance of the UDAG Loan, Developer shall pay
to Recipient 25% of the value of the Project defined as the
i
appraised value of the Project less outstanding first mortgage,
UDAG Loan (principal and accrued interest) and documented
Developer's equity contributed to the project and any operating
I
capital loans and working capital loans made by third parties.
The appraisal value shall reflect the opinion of a MAI appraiser
selected jointly by Recipient and Developer. If Developer and
Recipient cannot agree upon one appraiser, then each shall, in
turn, select one MAI appraiser and those two.shall select a third
MAI appraiser. The majority decision.as to Project value of the
three appraisers shall be binding upon the Recipient and
Developer.
(xiv) I£ private mortgage debt is increased above
$7,693,000 excluding any amount not in excess of $600,000
attributed for necessary debt reserve funds for the financing of
the development of the Project, then the principal amount of the
UDAG Loan shall be reduced by $.80 for each additional $1.00 of
private debt.
(xv) All applicable terms and conditions of this
Grant Agreement, including Article IX provisions and job
EXHIBIT E Page 7 of 10
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
assurances specified in Sections 5.03 and 9.06 shall be set forth
in the agreement.
(xvi) The agreement shall specify a timeframe for
performance consistent with Exhibit F to this Grant Agreement.
(xvii) The agreement shall contain a provision
that nothing contained in the agreements between the parties, or
by third persons, creates any relationship of third -party
beneficiary, principal and agent, limited or general partnership,
joint venture or any association or relationship involving
Recipient.
(5) Recipient shall agree to issue and sell at least
$7,693,000 Of Industrial Revenue Bonds for use by the Developer in
financing the construction and development of the Project.
(6) Recipient shall agree to lease parking to Developer
situated on Parking Ramp B located on Block 640T in Iowa City,
Iowa, as required by Hotel on a daily basis.
(7) Recipient shall convey the Site and easement area
to Developer at a cost of $210,000.
(b) Evidence of this commitment shall be in accordance with
Section 10.04 of this Grant Agreement.
IV
(a) Recipient's attorney or an acceptable banking
institution shall certify that cash or liquid assets of not less
than $2,310,000 are available or irrevocably committed to
Developer and is sufficient to complete the Project. Such
certification shall identify the kinds of assets and the nature of
the irrevocable commitment.
(b) Evidence of this commitment shall be in accordance with
Section 10.07 or 10.08 of this Grant Agreement.
V
(a) Recipient shall issue and sell and Bond Purchaser shall
purchase at least $7,693,000 in Industrial Revenue Bonds for use
EXHIBIT E
Page 8 of 10
3497
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
by the Developer in the construction and development of the
Project and the bond proceeds therefrom shall be available to
Developer as needed for the development of the Project.
(b) Evidence of this commitment shall be in the form of a
certification from the trustee and/or depository of the proceeds
of the bond sale stating that said trustee and/or depository has
on hand and available to Developer as needed for the development
of the Project, as aforesaid, not less than $7,693,000 for
financing the construction and development of the Project and in
accordance with Section 10.02 of this Grant Agreement.
VI
(a) Developer shall irrevocably and unconditionally
guarantee the repayment of the UDAG Loan and the completion of the
Project within the timeframe hereafter set forth in Exhibit F to
this Grant Agreement.
(b) Evidence of this commitment shall be in accordance with
Section 10.04 of this Grant Agreement.
VII
(a) In the event Developer shall syndicate the Project or
the Project shall be transferred to a partnership (subject to
approval by Recipient), then in any such event, each general
partner of such partnership shall covenant and agree with
Recipient not to sell, transfer, assign, pledge, hypothecate or in
anywise dispose of his or her partnership interest in the
partnership without the prior written consent of Recipient. In
the event Recipient shall.consent to any such transaction during
the first five loan years, then such partner shall pay to
Recipient 80% of the excess proceeds which such partner shall
receive or be entitled to receive arising from or out of any such
transaction and 25% of excess proceeds after the said first five
loan years. "Excess Proceeds" shall mean the difference between
the original equity investment by such partner in the partnership
EXHIBIT E Page 9 of 10
397
Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
and the total proceeds of the transaction for the benefit of such
partner.
(b) Evidence of this commitment shall be in accordance with
Section 10.04 of this Grant Agreement.
VIII
(a) Developer shall enter into a franchise agreement with
Holiday inns covering the operations of the Hotel as set forth in
the Application.
(b) Evidence of this commitment shall be in accordance with
Section 10.04 of this Grant Agreement.
IX
(a) Developer shall enter into a management agreement with
CIDCO covering the management of the Hotel as set forth in the
Application.
(b) Evidence of this commitment shall be in accordance with
Section 10.04 of this Grant Agreement.
X
(a) Recipient's attorney shall certify that Recipient has on
hand or has previously expended after the preliminary approval
date of this herein grant agreement $70,000 in Recipient general
revenue funds to carry out the activities in Paragraphs (1) -and
(5) of Exhibit B to this Grant Agreement.
(b) Evidence of this commitment shall be in accordance with
Section 10.03 of this Grant Agreement.
EXHIBIT E Page 10 of 10
3-797
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Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021
EXHIBIT F
PROJECT PERFORMANCE SCHEDULE
I
(a) Evidentiary Materials described in Exhibit E of this
Grant Agreement must be submitted to the Secretary by Recipient
not later than December 1, 1983.
(b) Upon notification of the acceptance of these Evidentiary
Materials by the Secretary, Recipient may draw Grant Funds against
its Letter of Credit for the purposes set forth in Exhibit B to
this Grant Agreement on the basis of $1.00 of UDAG Funds for every
$4.80 of Private Funds expended by Developer into the acquisition
and development of the Project and in accordance with Letter of
Credit procedures and the terms of this Grant Agreement.
II
The Recipient and Non -Recipient Activities as more
particularly set forth in Exhibits B and C of this Grant Agreement
shall be commenced and completed in accordance with the following
schedule:
Activity
Commencement
Date
Completion Date
Acquisition of
Site October 1,
1983
October 31, 1983
Construction of Hotel December 1,
1983
September 1,.1985
EXHIBIT F
Page 1 of 1
- - 3 A-97
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City of Iowa City
MEMORANDUM -1
DATE: December 2, 1983
TO: City Council
FROM: Donald Zuchelli, Urban Renewal Consultant
RE: UDAG Contract
At the regular Council meeting of December 6, 1983, you will be asked
to execute the UDAG contract. It is imperative that the Council take
affirmative action and approve the contract. There is legislation pending
in Congress which would alter IRB financing and cause an interminable
delay to the City. The developers must certify to the lending institution
that the UDAG has been executed as a pre -condition to selling the bonds
for the hotel during the month of December 1983.
The current considerations being given to design alterations to improve
the pedestrian access within, through and around the hotel in no way are
compromised by the Council authorizing the UDAG contract. Evidentiary
actions in the next several months, including the State Historical
Officer's approval and City Council approval on the design, are necessary
before the UDAG grant can be converted into available funds. The City
Council should have a high degree of confidence that if the design con-
cerns and other issues are not resolved to its satisfaction that the
City is not irrevocably permitting project construction or passing
unknowingly to the developer unencumbered rights to develop.
I urge that the UDAG authorization be considered on its own independent
merits and that you not allow the design issues pending to confuse and
cloud the pending action of approval of the UDAG contract.
3,797
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City of Iowa City
MEMORANDUM
DATE: December 2, 1983
TO: City Council
FROM*Andrea Hauer
RE: UDAG Agreement
Attached is a revised copy of the Exhibit Attachments for the UDAG
Agreement. The developer, HUD, and City staff have concurred on all
of the amendments and changes in the Exhibit Attachments.
The major differences between what was sent to you on November 23 and
this submission are:
(1) The date for submission of evidentiary materials to HUD has
been amended to December 31, 1983.
(2) The developer or a third party can make loans to the project.
A loan from the developer to the project will be treated as
additional developer equity. A loan from a third party,
such as a bank, will be treated in a third position for
repayment (the developer's equity and the UDAG loan are
repaid first and second).
The UDAG Agreement is a contractual obligation between the City and HUD
which in essence states HUD will grant $2.081 million to the City in
return for the guarantee that a $12.4 million, 178 room hotel is built
by September 1985. Amendments can be made if HUD determines those amend-
ments do not substantively change the Grant Agreement conditions. The
approval of the Grant Agreement does not imply approval of the design
plans. Design plans will be approved at a later date.
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RESOLUITION NO- 83-387
RESOLUTION RESCINDING THE FILING OF THE 1984 COMMUNITY DEVELOP-
MENT BLOCK GRANT/METROPOLITAN ENTITLEMENT PROGRAM STATEMENT IN
THE AMOUNT OF $830,220 AND AUTHORIZING THE FILINGOF THE 1984
COMMUNITY DEVELOPMENT BLOCK GRANT/METROPOLITAN ENTITLEMENT
PROGRAM STATEMENT IN THE AMOUNT OF $751,116 UNDER THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL
UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING
HE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR
THE GRANT.
WHEREAS, the City of Iowa City was informed by the Department of Housing
and Urban Development that the Iowa City Community Development Block Grant
Metro Entitlement funding would be reduced to $751,116 therefore requiring
a change in the Program Statement,
WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local
government authorized to file a Program Statement under the Housing and
Community Development Act of 1974, as amended; and
WHEREAS, the City of Iowa City, Iowa, has been declared a Metropolitan
Statistical Area eligible for metro entitlement funding of $751,116; and
WHEREAS, the 1984 Connunity Development Block Grant Program Statement has
been developed so as to give maximum feasible priority to activities which
will benefit low and moderate income persons and aid in the prevention or
elimination of slums and blight; and
WHEREAS, the City of Iowa City, Iowa, has provided the residents of the
community with opportunities to comment on the Program Statement; and
WHEREAS, the City Council of Iowa City,
interest will be served by filing said ProIowa, believes that the public
States Government. gram Statement with the United
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the Community Development Block Grant/Metro Entitlement Program
Statement for 1984 in the amount of $830,220 be rescinded and that the
City Manager of Iowa City be and is hereby directed to file with the
United States Department of Housing and Urban Development a Program
Statement for the 1984 Community Development Block Grant/Metropolitan
Entitlement Program in the amount of $751,116 under the Housing and
Community Development Act of 1974, as amended; and
307 98
l
Resolution No. 83-387
Page 2 7-
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
provide the necessary understandings and assurances required by the
Department of Housing and Urban Development in connection with said
Program Statement; and
BE IT FURTHER RESOLVED that the City Manager is designated as chief
executive officer to act in connection with the Program Statement to
provide such additional information as may be required.
It was moved by Balmer and seconded by Perret
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 6th day of December , 1963.
MAYOR
ATTEST: �Y Q��„� 7f • 7�gA,1J
CITY CLERK
BUDGET SUMMARY
CDBG PROGRAM YEAR 1984
I. Public Works And Facilities
1. Creekside Storm Drainage Project Completion
$ 18,700
2. Creekside Alley Repair
2,500
3. Kirkwood Circle Drainage and Surfacing
60,000
4. Iowa Youth Corps Park Shelter Construction
12,318
5. Congregate Housing Construction
220,000
6. Nelson Adult Center Phase II Renovation
61,580
II: Public Services
1. Accessibility Guide for Iowa City/Coralville
560
2. Mark IV/Willow Creek Neighborhood Center Van
15,000
3. Shared Housing
15,000
III.Acquisition Of Real Property
1. Miller/Orchard Neighborhood Park Acquisition
42,550
i2. Alternative Housing Site Acquisition
48,000
IV. Rehabilitation of Residential Properties
1. Housing Rehabilitation and Weatherization
125,000
V. Code Enforcement
i1. Housing Cade Enforcement
14,520
VI. Planning
1. Human Services Facility Planning
5,000
VII.General Administration
1. General Program Administration
106,260
VIII.Other
1. Contingency
4,128
TOTAL
751,116
Sources of Funds
CDBG Entitlement Grant 744,896
Program Income 6220
TOTAL 75 , 6
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City of Iowa City
MEMORANDUM
DATE: December 2, 1983
TO: City Council
FROM: Committee on Community Needs
RE: Recommendation on Reductions or Funding for 1984 CDBG
Program Statement
Comments:
This past week, the City was advised by the U. S. Department
of Housing & Urban Development (HUD) that our 1984 Community
Development Block Grant (CDBG) would be reduced 9.6 percent.
CCN held a special meeting on December 1, 1983, to discuss
what projects could be reduced, eliminated or deferred as
a result of the expected funding reduction. CCN would like
to make the following recommendations to the City Council for
amending the 1984 CDBG Program Statement:
1. That $24,000 for a Rental Rehabilitation Program be
eliminated from the Budget.
2. That allocation of $47,000 for Creekside sidewalks be
deferred.
3. That the allocation for Housing Code Enforcement be reduced
by $7,000.
4. That the contingency allocation be reduced by $1,104.
1. CCN has learned that the Housing Bill just passed by Congress
includes formula grant monies for Rental Rehabilitation.
This project will therefore have a new source of funds.
2. The Creekside Sidewalks have the lowest priority of
projects recommended by CCN for funding, and can be
deferred.
3. The Housing Commission representative to CCN stated that
the Housing Code Enforcement program can operate adequately
with a reduction in funds.
4. Rather than jeopardize any other projects, the Committee
felt that the remaining $1,104 could be most appropriately
taken out of contingency funds.
307lt
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1984 CDBG PROGRAM STATEMENT
12/1/83
,3.79P
PROJECT OR ACTIVITY
FUNDING ALLOCATION
1.
Creekside Stor\Drainage Project Completion
$ 18,700
2.
Miller/Orchard Neighborhood Park Acquisition/
$ 42,550
3.
Accessibility Guide\for Iowa City/Coralvill
Community
$ 560
4.
Mark IV/Willow Creek Ne.lghborhood Center an
$ 15,000
5.
Congregate Housing Construction
$225,000
6.
Nelson Adult Center Phase II Renovati n
$ 61,580
7.
Housing Rehabilitation & Weatheriza ion
$125,000
8.
Creekside Alley Repair
$ 2,500
9.
Iowa Youth Corps Park Shelter Co struction
$ 12,318
10.
Kirkwood Circle Drainage & Surf Ging
$ 60,000
11.
Shared Housing \
$ 15,000
12.
Alternative Housing Site Ac isition
$ 50,000
13.
Housing Code Enforcement
$ 7,520
14.
Human Services Facility P nning
$ 5,000
15.
General Program Administ ation
$106,260
16.
Contingency
$ 4,128
TOTAL
$751,116
Program Funding
1984 CDBG Alloc ion
$744,896
Program Income
$ 6,220
$751,116
,3.79P
Ci
RESOLUTION NO.
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHEAST
INTERCEPTOR SYSTEM
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
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 20th day of December 1983 , at 7:30 p.m. in the Council
Chambers, Civic Center, 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
i 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 Balmer and seconded by Lynch that the
resolution as read be a opts aeon roll call there were:
AYES: NAYS: ABSENT:
g Balmer
R Dickson
3 Erdahl
R Lynch
_ X McDonald
x Neuhauser
g Perret
Passed and approved this _ day of 19_
ATTEST:
CITY CLERK
MAYOR
Rnrn;vec! a rlrpr;:vcd
By Tho LOOM nepmtreant
4411W 33009
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