HomeMy WebLinkAbout1982-10-26 ResolutionCouncil Member Perret introduced the following
Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON
THE PROPOSITION OF THE ISSUANCE OF $2,700,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF
IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF", and moved that the same be adopted. Council Member
Dickson seconded the motion to adopt. The roll was
called and the vote was,
AYES: Dickson, Erdahl, Lynch, McDonald,
Neuhauser, Perret, Balmer
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted
as follows:
82-258
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF $2,700,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE')
OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the
City of Iowa City, Iowa, should issue General Obligation Bonds
to the amount of $2,700,000, as authorized by Section 384.25,
of the City Code of Iowa, for the purpose of providing funds
to pay costs of carrying out an essential corporate purpose
project as hereinafter described; and
WHEREAS, before said bonds may be issued, it is necessary
to comply with the provisions of said Code, and to publish a
notice of the proposal to issue such bonds and of the time and
place of the meeting at which the Council proposes to take
action for the issuance of the bonds and to receive oral
and/or written objections from any resident or property owner
of said City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
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Section 1. That this Council meet in the Council
Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock
P .M., on the '• 9th day of November , 1982, for the
purpose of taking action on the matter of the issuance of
$2,700,000 General obligation Bonds for an essential corporate
purpose of said City, the proceeds of which bonds will be used
to provide funds to pay costs of construction and reconstruc-
tion of bridges; construction, reconstruction and repair of
street improvements, paving, resurfacing, sidewalks, railroad
crossings, drainage and city utility relocation; acquisition
and installation of traffic control devices; acquisition and
construction of structures for protection from flooding of
property within the city; and construction of improvements to
the existing municipal airport.
Section 2. That the Clerk is hereby directed to cause at
least one publication to be made of a notice of said meeting,
in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation
in said City, said publication to be not less than four clear
days nor more than twenty days before the date of said public
meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue
said bonds shall be in substantially the following form:
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AHLERS. COONEY. DORWE'LER. HAYNIE S SMITH. LAW YEPS. DES MOINES. IOW,
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NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF $2,700,000 GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID
CITY, AND THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City
of Iowa City, Iowa, will hold a public hearing on the gill
day of%1r,'0 ,6 1982, at y 3y o'clock �.M.,
in the Council Chambers, Civic Center, Iowa City, Iowa, at
which meeting the Council proposes to take additional action
for the issuance of $2,700,000 General Obligation Bonds for an
essential corporate purpose of said City, in order to provide
funds to pay costs of construction and reconstruction of
bridges; construction, reconstruction and repair of street
improvements, paving, resurfacing, sidewalks, railroad
crossings, drainage and city utility relocation; acquisition
and installation of traffic control devices; acquisition and
construction of structures for protection from flooding of
property within the city; and construction of improvements to
the existing municipal airport.
At the above meeting the Council shall receive oral or
written objections from any resident or property owner of said
City, to the above action. After all objections have been
received and considered, the Council will at this meeting or
at any adjournment thereof, take additional action for the
issuance of said bonds or will abandon the proposal to issue
said bonds.
This notice is given by order of the Council of Iowa City,
Iowa, as provided by Section 384.25 of the City Code of Iowa.
Dated this QRJ1 A day of(57�0tIL"I't 1982.
/W A dt
City Clerk of Iowa.City, Iowa
(End of Notice)
AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA
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PASSED AND APPROVED this 26th day of October
1982.
Celle �I'noi
Mayor
ATTEST:
Clerk �
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STATE OF IOWA )
SS
COUNTY OF JOHNSON )
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I, the undersigned, do hereby certify that I am now and
was at the times hereinafter mentioned, the duly qualified and
acting Clerk of the City of Iowa City, in the County of
Johnson, State of Iowa, and that as such Clerk and by full
authority from the Council of said City, I have caused a
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
$2,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
of which the clipping annexed to the publisher's affidavit
hereto attached is in words and figures a correct and complete
copy, to be published in Press -Citizen, a legal newspaper
published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post
office of current entry for more than two years and which has
had for more than two years a bona fide paid circulation
recognized by the postal laws of the United States, and which
is published in said City, and has a general circulation
therein, and that said Notice was published in said newspaper
in all of the issues thereof published and circulated on each
of the following dates:
October 28th , 1982; and
1982.
WITNESS my official signature at Iowa City, Iowa, this
17th day of November , 1982.
z
Clerk p
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AHLERS. COONEY. DORWCILER. HAYNIE IN SMITH. LAWYERS, DES MOINES. IOWA
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STATE OF IOWA
COUNTY OF JOHNSON
CERTIFICATE
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I, the undersigned City Clerk of Iowa City, Iowa, do
hereby certify that attached is a true and complete copy of
the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and
complete copy of the action taken by said Council with respect
to said matter at the meeting held on the date indicated in
the attachment, which proceedings remain in full force and
effect, and have not been amended or rescinded in any way;
that meeting and all action thereat was duly and publicly held
in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council
and posted on a bulletin board or other prominent place easily
accessible to the public and clearly designated for that pur-
pose at the principal office of the Council (a copy of the
face sheet of said agenda being attached hereto) pursuant to
the local rules of the Council and the provisions of Chapter
28A, Code of Iowa, upon reasonable advance notice to the
public and media at least twenty-four hours prior to the com-
mencement of the meeting as required by said law and with mem-
bers of the public present in attendance; I further certify
that the individuals named therein were on the date thereof
duly and lawfully possessed of their respective city offices
as indicated therein, that no council vacancy existed except
as may be stated in said proceedings, and that no controversy
or litigation is pending, prayed or threatened involving the
incorporation, organization, existence or boundaries of the
City or the right of the individuals named therein as officers
to their respective positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this ; tk day of ��,(-,�,4m, , 1982.
SEAL
City Clerk, Iowa City, Iowa
A HLCRS. COONEY. DORW OILER. HAYNIC N SMITH. LAWYERS. DES MOINES. IOWA
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RESOLUTION NO. 62_259
RESOLUTION DECLARING THE CELLS OPERATED BY THE IOWA CITY POLICE
DEPARTMENT TO BE TEMPORARY HOLDING FACILITIES.
WHEREAS, the Iowa City Police Department operates several detention cells
located at the police station, and
WHEREAS, said cells are secure holding rooms where inmates are held for a
short period of time prior to release or transfer to an appropriate jail
facility, and
WHEREAS, it is necessary to clarify the status of said detention cells for
the purpose of the application of the new Jail Standards Act of the recent
General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
I. That the cells operated by the Iowa City Police Department are
declared to be temporary holding facilities or detention cells.
2. That it is the policy of the City of Iowa City, Iowa, that persons
arrested or detained by members of the Iowa City Police Department
shall be detained in the cells no more than six (6) consecutive hours
from the time of booking at the Iowa City Police station; however,
this policy may be waived upon a declaration of an emergency by the
Police Chief, or the Mayor of Iowa City or his/her designee.
It was moved by Perret and seconded by Dickson 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 26th day of October 198E
MAYOR
ATTEST:
CITY CLERK
Pttohrcxl a Apt .0(1
P,Tho G gal Dopartmeill
D Zo Az—
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RESOLUTION NO. 82-260
RESOLUTION ACCEPTING THE WORK FOR THE
LIBRARY PLAZA BRICK INSTALLATION PROJECT
WHEREAS, the Engineering Division has recommended that the improvements
covering the Library Plaza Brick Installation Project
as included in a contract between the City of Iowa City and w if
Construction. Inc. of Iowa City, Iowa
dated July 6 1982 be accepted, 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 hereby accepted by the City of Iowa City, Iowa.
It was moved by Balmer_ and seconded by McDonald
that the resolution as rete a o ted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
Dickson
-y_ Erdahl
X Lynch
x McDonald
X Neuhauser
x Perret
Passed and approved this 26th day of October , 19 82
I OF
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ATTEST: �
�26CITY CLERK
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5GCo
ENGINEER'S REPORT
October 20, 1982
i
Honorable Maynr 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.
The Library Plaza Brick Installation Project as constructed by
Wolf Construction, Inc. of Iowa City, Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
R pe tfully sui ted,
.44LOIL,
Frank K. Farmer
City Engineer
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City of Iowa City
MEMORANDUM
Date: October 6, 1982
To: Frank Farmer, City Engineer
From: Dan Holderness, Civil Enginee�IA4
Re: Library Plaza Brick Installation
Irregularities
Project Brick
Construction of the Library Plaza Brick Project was completed
according to the Detailed Specifications for Brick Paving section of
the Specifications for City Plaza: East College Street. All phases
of the construction (placing brick pavers, asphalt setting bed,
granular material base, etc.) are covered in this detailed
specification and were followed to the best of the City's knowledge
and capabilities.
Some questions have arisen about the correctness of the grade and
brick elevations of the completed projects. Several possible
reasons for irregularities are the asphalt setting bed, adhesive
thickness, and the brick height.
The asphalt setting bed was inspected after it was laid and compacted
and was found to be adequately smooth and to be substantially at
grade and is _therefore felt to not be a contributing factor to any
irregularities:, An uneven layer of adhesive could cause
irregularities in grade. However, since numerous inspections were
made during construction and the contractor was spreading the
adhesive in smooth thin layers as required, this is not felt to be a
problem area. A sample of the remaining bricks stored at the service
yard were measured and found to have a significant percentage 1/16th
of an inch higher than the specified height.
The Engineering Division has completed the final inspection of the
above mentioned project and feel the quality of construction on this
project equals or exceeds the quality of the existing plaza brick
work.
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Date:
To:
From:
Re:
City of Iowa City
MEMORANDUM
October 15, 1982
City Council
Doug Boothroy, Senior Planner.
College Hill/South Dodge Street Rezoning
The Planning and Zoning Commission has held two public hearings on the College
Hill/South Dodge Street rezoning and recommends rezoning those areas outlined on
the attached map. This recommendation is consistent with the staff's final
recommendation.
The staff report, dated August 27, 1982, provides background information for the
Commission's and the Council's deliberations. A recommendation was not offered
in that report. Subsequent discussions with the Commission and further
evaluation of the data led to a staff proposal for the adoption of a new zone
which strikes a middle ground between the existing R3 and R3A zones.
The proposed zone, Residential Neighborhood Conservation zone (RNC -20), is
roughly comparable in density and specifications to the RM -20 zone of the
proposed Zoning Ordinance. It is distinct in that it specifically allows the
continued existence and complete reconstruction of what would be designated as
nonconforming uses under an RM -20 zone. The RNC -20 zone is proposed by the
staff to be incorporated into the new Zoning Ordinance to deal with the unique
characteristics of inner city areas. It is seen as a means of preserving the
existing character of an urban neighborhood comprised of a combination of older
homes converted to apartments and higher density apartment buildings. The zone
seeks .to encourage conversions over redevelopment and yet recognizes the
validity of higher density apartments by retaining their conforming status (see
proposed zone attached).
PLANNING & ZONING COMMISSION
The Planning and Zoning Commission makes the following recommendations:
1. That the Residential Neighborhood Conservation Zone (RNC -20) be adopted as
a means of stabilizing existing inner city neighborhoods by providing for
medium density, multi -family development yet allowing the continuance of
existing high density developments.
2. That the RNC -20 and existing R2, R3, 'and R3A zones be applied to the
College Hill/South Dodge Street area as outlined on the attached ordinance
and map.
The Commission feels that this proposal will prevent an increase in high density
multifamily residences in the bulk of the area, will direct high density growth
to limited areas contiguous to existing high density uses, will minimize the
creation of non -conforming uses, and will generally stabilize the College
Hill/South Dodge Street neighborhood.
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RESOLUTION NO. 82-261
RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION,
PART 1, IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Paul M. Kennedy, has filed with the City Clerk of Iowa
City, Iowa, an application for approval of the final plat of Kennedy's
Waterfront Addition, Part 1, more particularly described in Exhibit A
which is attached hereto and by this reference made a part hereof; and
WHEREAS, the Department of Planning & Program Development and the Public
Works Department have examined the proposed final plat and have
recommended approval of same; and
WHEREAS, the final plat has been examined by the Planning & 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 the requirements of
the City ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
I. That the said plat pertaining to real estate described in Exhibit A
attached hereto is hereby approved.
2. That at such time as the certificates required pursuant to the
provisions of Chapter 409 of the Code of Iowa have been executed and
presented to the Clerk, the Mayor and the Clerk are hereby directed
to certify a copy of this resolution and of
Iowa. the final plat of said
subdivision to the Office of the County Recorder of Johnson County,
It was moved by Balmer
and
McDonald the Resolution be adopted, and upon rollconcalldthere
were:
AYES: NAYS: ABSENT:
x Balmer
x— -- Dickson
x Erdahl
x Lynch
— x McDonald
x Neuhauser
x Perret
Passed and approved this 26th day of OctoOcto 1982
MA OR
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ATTEST:
ITY Received
CLERK R A�+•�,,.,...!
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EXHIBIT A
Commencing at the Southeast Corner of Section 15, Township 79 North, Range
6 West of the 5th Principal Meridian;
thence S89032'00"W, 2604.28 feet to a point on the West Right -of -Way line
of the Chicago, Rock Island and Pacific Railroad, which point is 495.00
feet, 589022'49"E, of the Southeasterly corner of Lot 1, Sand Lake
Addition, Iowa City, Iowa, all in accordance with the Plat of Subdivision
recorded in Plat Book 10, Page 23 of the records of the Johnson County
Recorder's Office, and which point is the Point -of -Beginning of the tract
hereon described;
thence Southwesterly 291.14 feet, along said Westerly Right -of -Way line,
on a 1885.40 foot radius curve, concave Northwesterly, whose 290.85 foot
chord bears S5000'21"W to a point 30.00 feet radially distant
Northwesterly from the Centerline of said Railroad tracks;
thence N89022'49"W, 168.06 feet;
thence N00037111"E, 270.00 feet;
thence N89022'49"W, 350 feet;
thence S00037111"W, 360 feet;
thence N89022'49"W, 162.62 feet, to the Easterly Right -of -Way line of
South Gilbert Street;
thence Northwesterly 155.35 feet along said Right -of -Way line on a 5066.16
foot radius curve, concave Southeasterly, whose 155.35 foot chord bears
N00015'32"W;
thence N00037111"E, 224.68 feet, along said Right -of -Way line to its
intersection with the Southerly line of said Sand Lake Addition;
thence 589022149"E, 705.30 feet to the Point -of -Beginning.
also including a parcel to be known as Outlot 1A which is more
particularly described as follows:
Commencing at the Southeast corner of Section 15, Township 79 North, Range
6 West of the 5th Principal Meridian;
thence 589032100"W, 2604.28 feet to a point on the West Right -of -Way line
of the Chicago, Rock Island and Pacific Railroad, which Point is 495.00
feet, S89022'49"E, of the Southeasterly Corner of Lot 1, Sand Lake
Addition, Iowa City, Iowa, all in accordance with the Plat of Subdivision
recorded in Plat Book 10, Page 23 of the Records of the Johnson County
Recorder's Office.
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thence S8902214911E, 60.00 feet to a point on the Easterly Right -of -Way
line of said Railroad, which is the Point -of -Beginning.
thence S89022'49"E, 16.92 feet to a point on the Southwesterly Right -of -
Way line of Sand Road, which point is 33.00 feet normally distant
Southwesterly of the Centerline of said Sand Road;
thence 57043151"E, 60.64 feet along said Southwesterly Right -of -Way line
to a point which is 33.00 feet normally distant from said Centerline;
thence N89022149"W, 26.61 feet to a point on said Easterly Right -of -Way
line of the Chicago, Rock Island and Pacific Railroad; which point is
30.00 feet radially distant Southeasterly from the Centerline of said
Railroad tracks;
thence Northeasterly 60.00 feet along said Easterly Right -of -Way line on a
1945.40 foot radius curve, concave Northwesterly, whose 60.00 foot chord
bears N1028102"E to the Point -of -Beginning.
Said described tracts of land contain 2.84 acres more or less.
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EXHIBIT A
Commencing at the Southeast Corner of Section 15, Township 79 North, Range
6 West of the 5th Principal Meridian;
thence 589°32'00"W, 2604.28 feet to a point on the West Right -of -Way line
of the, , Chicago, Rock Island and Pacific Railroad, which point is 495.00
feet, 589°22'49"E, of the Southeasterly corner of Lot 1, Sand Lake
Addition, Iowa City, Iowa, all in accordance with the Plat of Subdivision
recorded in Plat Book 10, Page 23 of the records of he Johnson County
Recorder's Office, and which point is the Point -of -B inning of the tract
hereon described;
thence Southwesterly 291.14 feet, along said We erly Right -of -Way line,
on a 1885.40 foot\,radius curve, concave North sterly, whose 290.85 foot
chord bears 55°bO'21"W to a point 30. 0 feet radially distant
Northwesterly from the Centerline of said R lroad tracks;
thence N89022'49"W, 168..06 feet;
thence N00037'11"E, 270 ,eet;
thence N89°22'49"W, 350 feet;
thence S00037111"W, 360 feet;
thence N89°22'49"W, 162.62 fe\,t the Easterly Right -of -Way line of
South Gilbert Street;
ine on a
66.16
footthencradiushwcurvelyco55ave Sorly, whose 155.351foot chordbears
N00015'32"W;
thence N00°37'11"E 224.68 feet, along said Right -of -Way line to its
intersection with a Southerly line of sai Sand Lake Addition;
thence S89°22'49' , 705.30 feet to the Point -o -Beginning.
also includin a parcel to be known as 0 lot 1A which is more
particularly scribed as follows:
Commencing the Southeast corner of Section 15, Town ip 79 North, Range
6 West of t e 5th Principal Meridian;
thence S8 °32100"W, 2604.28 feet to a point on the West Right-of-way line
of the i°cago, Rock Island and Pacific Railroad, of which Point is Sand 95.00
5.00
feet,/ir
�9 22 49 E, of the SoutheasterlyAddit, Iowa City, Iowa, all in accordance with the Plat of Subdivision
recorin Plat Book 10, Page 23 of the Records of the Johnson County
Recorder's Office.
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the*nc S89°22'49"E, 60.00 feet to a point on the asterly Right -of -Way
line osaid Railroad, which is the Point-of-Begi ing.
thence S89°22'49"E, 16.92 feet to a point o the Southwesterly Right -of -
Way line of Sand Road, which point i 33.00 feet normally distant
Southwesterly of the Centerline of said nd Road;
thence S7043151"E, 60.64 feet along aid Southwesterly Right -of -Way line
to a point which is 33.00\ eet norm ly distant from said Centerline;
thence N89°22'49"W, 26.61 t o a point on said Easterly Right -of -Way
line of the Chicago, Rock Is nd and Pacific Railroad; which point is
30.00 feet radially distant So heasterly from the Centerline of said
Railroad tracks;
thence Northeasterly 60.0 feet along s 'd Easterly Right -of -Way line on a
19.45 foot radius cury concave Northw terly, whose 60.00 foot chord
bears N1°28'02"E to the oint-of-Beginning.
Said described tract of land contain 2.84 acres more or less.
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce A. Knight
t front Date: October 7, 1982
Item: S-8221. Kennedy s Wa er
Addition, Final Plat.
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use:
Applicable regulations:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Paul M. Kennedy
1506 Muscatine Avenue
Iowa City, Iowa 52240
Final plat approval.
To subdivide 5 commercial lots.
South of Stevens Drive along South
Gilbert Street.
2.84 acres.
Land Consumptive Commercial
Mostly undeveloped and C2 (Lot 1
contains an existing commercial
use).
North - Commercial and M1.
East - Commercial and M1.
South - Undeveloped and RIA.
West - Industrial and M1.
Provisions of the subdivision code
and the storm water management
ordinance.
10/22/82.
Water service is available.
Sanitary sewer service is available
to all lots with service being
provided to Lot 1 via a private
lift station and force main.
Police and fire protection are
available. Sanitation service
would be provided by a private
hauler.
Access is proposed via Gilbert
Street for Lots 2, 3, 4 and 5 and
via Sand Road for Lot I.
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Physical characteristics:
ANALYSIS
The topography is
to gently sloping
of the site is in
plain.
relatively flat
and the majority
the flood
The applicant is requesting approval of a final plat which contains five out of
the six lots shown on the approved preliminary plat for a total of 2.84 acres out
of the complete 15 acre tract. The plat is in substantial compliance with
almost all details of the preliminary plat. As a condition of the approval of
the preliminary plat, the applicant was required to show a 40 foot sanitary
sewer easement and a 100 foot construction easement to provide for the future
extension of the proposed Outfall Sewer line (which extends from the proposed
water pollution control plant to the existing plant) along the eastern boundary
of the tract. Neither of these easements have been shown on the final plat.
Because it will be some years until the trunk line sewer is actually
constructed, the applicant is claiming that the City cannot require these
easements to be shown on the final plat. The legal staff has agreed that the 100
foot construction easement cannot be required at this time, however, a final
determination has not yet been made on the 40 foot sanitary sewer easement. An
update to this staff report regarding that concern will be provided to the
Commission upon receipt of a report from the legal staff.
In the staff report regarding the preliminary plat, staff stated that the
applicant should be required to include all of Lots 1-6 (as shown on the
preliminary plat) on the final plat. There are several reasons for requiring
this change. First, because there is no natural separation of lots Lots 1-5 and
Lot 6, the applicant is, in essence, subdividing Lot 6 from the remainder of the
tract without actually showing it on the plat. Also, inclusion of the entire
tract will ensure that all easements required by the City are provided.
Further, since the applicant will be required to install sidewalk along South
Gilbert Street, it is desirable for the entire tract to be included in the
subdivider's agreement language regarding sidewalks. The same is true of
providing the storm water ditch with a 100 -year storm capacity to meet storm
water management requirements. For these reasons, the plat should be amended to
include the entire 15 acre tract.
STAFF RECOMMENDATION
Staff recommends that the final plat of Kennedy's Waterfront Addition, Part I be
deferred pending resolution of the legal question raised above and of the
deficiencies and discrepancies listed below. At such time as these issues are
resolved, staff would recommend that the final plat be approved.
DEFICIENCIES AND DISCREPANCIES
The subdivider's legal papers have not yet been approved.
The entire 15 acre tract should be shown on the final plat.
Provisions should be made for the construction of sidewalk along South
Gilbert Street.
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ATTACHMENT
Location Map.
ACCOMPANIMENT
Final plat, Kennedy's Waterfront Addition Part I
Approved by:
bald Sch eiser, Director
epartmen of Planning &
Program Development
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RESOLUTION NO. 82-262
RESOLUTION AUTHORIZING EXECUTION OFAN AGREEMENT WITH THE
ROCK ISLAND AND PACIFIC RAILROAD COMPANY AND THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with the Rock Island and Pacific Railroad Company and the Chicago, Milwaukee,
St. Paul and Pacific Railroad Company, a copy of said agreement being attached
to this Resolution and by this reference made a part hereof, and,
WHEREAS, the City Council deems it in the public interest to enter into
said agreement
l
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the a r with the Rock Island & Pacific Railroad Company &
the icago, i waukee, St. Paul and Pacific Railroad Company.
2. That the City Clerk shall furnish copies of said agreement
to
any citizen requesting same.
It was moved by Balmer and seconded by Dickson that
the resolution as read be adopted, an upon roll call there were: i
i
AYES: NAYS: ABSENT:
x Balmer
x Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 26th day of October 19 82
MAYOR
ATTEST:
CITY CLERI
Rca:ived & Approvpd
By Tho Lc9al Department
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&P.* R; R. Co. of
a
A G R E E M E N T
between
The City of Iowa City
and
William M. Gibbons, Trustee
of the Property of Chicago,
Rock Island and Pacific Railroad
Company, Debtor
and
Richard B. Ogilvie, Trustee of the Property
of C;licago, Milwaukee, St. Paul
and Pacific Railroad Co., Debtor
�I
for
Installation and Maintenance of
Railroad-ifighway Crossing Signals on
Scott Boulevard in Iowa City, Iowa
Crossing No. 429
A.A.R.-DOT No. RI -606 -8i.2 -S
Located at M.P. 233.90
Scott Boulevard Paving Improvement Johnson County
Project - Phase I
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AGRELM ENT
THIS AGREEMENT, made and entered into by and between the City of Iowa City,
Iowa, hereinafter called Lite City; William M. Gibbons, Trustee of the property
of Chicago, !tock island and Pacific Railroad Company, Debtor, with principal
offices located at 332 South Michigan Avenue, Chicago, Illinois, hereinafter
called the Owner; and Richard B. Ogilvie, Trustee of the property of Chicago,
Milwaukee, St. Paul and Pacific Railroad Company, Debtor, with principal offices
located at 516 West Jackson Blvd., Chicago, Illinois, hereinafter called the
Operator;
WITNESSETH; that
WHEREAS, Lite Operator is providing interim service over the railroad line
of the Owner extending between Davenport, Iowa and Iowa City, Iowa, pursuant to
authorization of the Interstate Commerce Commission; and
WHEREAS, the City at its own expense and with its own consultant,
contractor and inspectors, has designed, installed and activated a warning
system consisting of automatic flashing light signals with cantilever
assemblies and half roadway gates at the grade crossing of Scott Boulevard at
Mile Post 233.90 in Iowa City, Johnson County, Iowa; and
WHEREAS, the parties hereto wish to define ownership of and provide
maintenance for the warning system;
NOW, THEREFORE, in consideration of the premises and the mutually dependent
covenants herein contained, the parties hereto agree as follows;
SECTION I. The City will notify the Railroad Division, Iowa Department of
Transportation, the date when the warning system was placed in operation.
SECTION II. Upon execution of this agreement the City shall thereafter
own, and the Operator shall thereafter maintain and operate the warning system
for so long as it is considered necessary at this crossing. However, the
obligation of Lite Operator to maintain and operate Lite warning system shall
continue only for so long as Lite Operator continues to operate his trains over
tite crossing. Upon approval by Lite Iowa Department of Transportation, Lite Grade
Crossing Safety Fund may participate in an amount up to 75% of the annual
maintenance cost based upon a cost for each eligible AAR signal unit. The
number of applicable AAR units shall be tabulated by the Operator and
transmitted to the Railroad Division, Iowa Department of Transportation for
approval and attachment hereto as Exhibit A hereof.
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If condiLiuus should change so that Lite warning system at this crossing is
no longer necessary, as determined by Lite City, the City may at its own expense
remove the signal installation. All items recovered shall remain the property
of Lite City.
SEC'T'ION III. This agreement shall be binding on William M. Gibbons, not as
an individual, but solely in his capacity as TrusLeee of the property of
Chicago, Rock Island ani Pacific Railroad Company, Debtor.
SECTION IV. This agreement shall be binding on Richard B. Ogilvie, not as
an individual, but solely in his capacity as Trustee of the property of Chicago,
Milwaukee, St. Paul and Pacific Railroad Company, Debtor.
SECTION V. It is understood and agreed that this Agreement shall not
become effective until it shall have been approved by the Highway Division, Iowa
Department of Transportation.
SECTION VI. This Agreement shall he executed and delivered in four
counterparts, each of which so executed and delivered shall be deemed to be an
original and all shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their authorized officers as of the dates below indicated.
Witness:
/J
/L:GOArIfe�K
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Witness:
Scactany
i
Executed by the City this
26th day of October 19 82.
Attest:
By:
City Clerk
kit.!"A P. Alto
Y
William M. Gibbons, Trustee of the
Property of Chicago, R ck"Island &
Paci 'c ilroad Com ny, Debtor,
day of vim, > 19—Z?,
Richard B. Ogilvie, Trustee of Cite
Property of Chicago, Milwaukee, St.
Paul & Pacific, Railroad Co., Debtor,
Asst. Vice President -Chief Engineer
day of o , 19 d 4
COUNCIL FOR THE
CITY1 OF IOWA CITY, IOWA
By @1 l L4 CA
Mayor
a
z
3
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'v
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Receiver! R Approved
B%7;f�-aDa! De a nt
FORA4 APPROVED
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The above and foregoing AgreemenL is hereby approved pursuant to Staff
2
Action of Lite De%paarunent of TransporLaLion, Ames, Iowa, on the •,5 -17
day of
IOWA DEPARTUENT OF TRANSPORTATION
RAILROAD -DIVISION
f day of C 1�, 1N�S�. By ' f' 11 (� /r
Hanbger-Engineering Operations
APPROVED
Date Notar/Public in and for said State
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RESOLUTION NO. 82163
RESOLUTION ADOPTING A CITIZEN PARTICIPATION PLAN AS A POLICY GUIDE FOR
CITIZEN PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN
IOWA CITY.
WHEREAS, the Committee on Community Needs (CCN) was established by the
Iowa City City Council in 1976 to coordinate communications between
citizens and policymakers with regard to all matters concerning the
Community Development Block Grant (CDBG) Program, and
WHEREAS, the CCN has developed and recommended a Citizen Participation
Plan, which is attached to this resolution and hereby made a part thereof,
as a formal means of involving citizens in the City's CDBG Program, and
WHEREAS, the Iowa City City Council and the CCN recognize that such a plan
is important in ensuring that citizens are provided adequate information
and opportunities for input on the use of CDBG funds.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the said Citizen Participation Plan is hereby adopted as a policy guide to
citizen participation in the CDBG Program in Iowa City.
It was moved by Pprrpt
and seconded by
Frd-hl the Resolution be adopted, and upon roll call there
Were:
AYES: NAYS: ABSENT:
I
x Balmer
—� Dickson
-x-- Erdahl
—x — Lynch
-x- McDonald
-x- Neuhauser
—x— Perret
Passed and approved this
?6th day of Oct�r 1982.
MAYOR
ATTEST: 2
CITY CLERK
Reeeived 8 Approved
8y 1h Le�g�I Departmont D
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CITIZEN PARTICIPATION ACTIVITIES
As required by Resolution No. 76-136, CCN will meet regularly, on a
monthly basis to discuss, to monitor and make recommendations on all
aspects of the CDBG program and other concerns and problems suggested by
citizens.
Activities Related to the Annual Filing of a CDBG Program Statement
I. Information will be provided through the media, general public
meetings, and neighborhood meetings on the amount of CDBG funds
available annually, and eligible activities for the use of these
funds.
2. Notices of public hearings and meetings on all aspects of the CDBG
Program Statement will be published with dates, times, places,
topics, timetables, and procedures included in the Iowa City Press -
Citizen, or other appropriate newspapers, at least ten days prior to
the hearing or meeting. In addition, press releases will be sent
out, public service notices placed on the radio and cablevision, and
notices sent out to neighborhood residents as appropriate.
3. Neighborhood meetin;s will be held to provide specific information
about the CDBG program as appropriate. These meetings will be held
at convenient locations and times to allow broad participation of all
residents who might be affected. The meetings will be designed to
allow citizens to give input in the planning, implementation, and
assessment of the Community Development program and performance.
Particular efforts will be made to involve low- and moderate -income
persons and members of minority groups in the CDBG program.
4. Technical assistance will be provided by the CDBG Division staff to
CCN and neighborhood groups.
5. CCN will hold a public meeting to provide -information regarding the
CDBG program to citizens, and to permit citizen input regarding the
City's community development and housing needs.
6. Following neighborhood meetings and a public meeting, a draft
statement of the City's community development objectives, and a list
of proposed activities for the program year will be published prior
to a City Council public hearing.
7. A City Council public hearing will be held to obtain citizen comments
on the Program Statement detailing the proposed use of CDBG funds.
8. After consideration of citizen comments received on the proposed
Program Statement, the final program statement of community develop-
ment objectives and planned activities as approved by the City
Council, will be published.
(A table outlining the procedures for preparing the annual Program
Statement is attached.)
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City of Iowa City
MEMORANDUM
Date: October 20, 1982
To: City council
From: Marianne Milkman
Re: Citizen Participation Plan
After the discussion of the Citizen Participation Plan (CPP) with Council
at the informal Council meeting on October 11, 1982, CCN reconsidered item
5 on page 2 of the plan. This item stated, "After information regarding
the COBG program has been provided to citizens, a City Council public
hearing will be held to permit citizen input regarding the City's
community development and housing needs.
CCN members agreed with the Council's suggestion that this meeting would
be more appropriate as a public meeting sponsored by CCN. The CPP has
been amended accordingly.
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RESOLUTION NO. 82-264
RESOLUTION APPROVING COMPENSATION FOR A FLOWAGE EASEMENT FROM
GENEVA LINDEMANN AND GENEVA LINDEMANN, TRUSTEE FOR THE JOHN R.
LINDEMANN TRUST, FOR THE SOUTH BRANCH RALSTON CREEK STORMWATER
DETENTION PROJECT.
WHEREAS, it is in the public interest to construct stormwater detention
improvements in the South Branch Ralston Creek area in Iowa City in
Johnson County; and
WHEREAS, it is necessary to acquire a flowage easement over 2.00 acres
owned by Geneva Lindemann and Geneva Lindemann, trustee for the John R.
Lindemann Trust with just compensation set at $2,000.00.
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 permanent flowage easement between the City of Iowa City and
Geneva Lindemann, and Geneva Lindemann as trustee for the John R.
Lindemann Trust as owners of said property for the purposes of the flowage
easement.
It was moved by Balmer and seconded by Lynch the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
zBalmer
Dickson
x _ Erdahl
X Lynch
x _ McDonald
x Neuhauser
x Perret
Passed and approved this 26th day of October 1982.
c.
MAYOR
ATTEST: 21-
CITY CLERK
Recaived $ Appraved
BY T LecJal pa fmonl
/831e
111CRONUIED V
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ORDINANCE NO. 82- 3085
AN ORDINANCE DELETING THE REFERENCES TO KIOSKS AND PERMANENT,
PRIVCODEAOFLORDINANCESFREE-STANDING
OFSIOWACITY
STRUCTURES IN CHAPTER 9.1 OF THE
PROVIDING FOR THE REGULATION OF
PUBLIC AND PRIVATE USE OF CITY PLAZA.
SECTION 1. PURPOSE. The purpose of this ordinance is to amend Chapter
9.1 of the Code of Ordinances by deleting all references to kiosks and
permanent, privately -owned free-standing structures in City Plaza.
SECTION 2. AMENDMENT.
a. Section 9.1-7(a)(7) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following:
Municipally -owned kiosks.
b. Section 9.1-7(a)(9) of the Code of Ordinances shall be corrected so
that the said Section shall read as follows: "Arts and crafts sales
of handmade articles by an organized guild, association or club on an
occasional basis (Zones 1 and 2)."
C. Section 9.1-7(c) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-7(c):
Days and Hours of Operation: Buildings extended on to the City
Plaza are to be open at least during normal retail business
hours, Monday through Saturday, throughout the year. Sidewalk
cafes and mobile carts may operate seasonally, but must be at
least in operation substantially through normal retail business
hours, Monday through Saturday, May 1st to October 1st. Other
months of operation may be granted by permit for ambulatory
vendors and mobile carts when the product is related to another
season.
d. Section 9.1-7(f) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-7(f):
Performance Time Limits: Sidewalk cafes and mobile vending
carts must be in operation within sixty (60) days of the start
date provided for in the permit, or the permit approval shall
automatically expire. Building extension shall be completed
and in operation within such reasonable time as said in the
permit as provided in Section 11(a).
e. Section 9.1-7(g) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-7(g):
Maintenance: The applicant is responsible for maintaining the
area within and in proximity to his/her location in a clean and
hazard -free condition, including snow removal for a distance of
ten (10) feet from any structure occupied by the applicant.
1836
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Ordinance No. ��-3085
Page 2
Supplementary trash containers must be provided if considered
necessary and specified in the lease or permit. All landscaping
provided by the applicant and the exterior of all structures and
carts must be maintained in good condition by the applicant.
f. Section 9.1-7(h) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-7(h):
Illumination: Nighttime interior illumination of all building
fronts and basement extensions, display window extensions, and
basement stairwells is required during hours of operation.
g. Section 9.1-8(d) of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-8(d):
Permanent and Temporary Structures. The City Manager, upon
approval of City Council, may enter into an agreement for the
sale or lease of public right-of-way in the City Plaza for the
construction of an addition to an existing store front or for
the temporary or seasonal use of Zone 1 by the owner or operator
of abutting property. Said lease or sale shall only be entered
into after careful consideration and assurance that the
following conditions have or will be met.
Section 9.1-8(d)(3)b. of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following new Section
9.1-8(d)(3)b.
No building permit for the construction of any temporary
structure or any building extension to be constructed pursuant
to this ordinance shall be issued until plans for said
construction have been reviewed by the Design Review Committee
and approved by the City Council. The Design Review Committee
shall, within thirty (30) days of receipt of said plans, review
the plans and advise approval, approval with conditions, or
disapproval in a written report forwarded to the City Council
and the applicant. If the Design Review Committee recommends
approval with conditions, it shall require the affirmative vote
of five (5) members of the City Council to constitute City
Council approval pursuant to this section unless such
conditions are met. If the Design Review Committee recommends
dispproval, it shall require the affirmative vote of five (5)
members of the City Council to constitute City Council approval
pursuant to this section.
SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
SECTION j. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or
unconstitutional.
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Ordinance No.,` -"q-3085 r
Page 3
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this 26th day of October , 1982.
C.
MAYOR
ATTEST:
CITY CLERK
It was moved by Balmer , and seconded by Perret
that the Ordinance 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
First consideration xxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxxxxx
Vote for passage:
i
Date published November 3, 1982
Moved by Balmer, seconded by Perret, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
first and second consideration and vote be waived and the ordinance be
voted upon for final passage at this time, Ayes: McDonald, Neuhauser,
Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None.
Rr^eivc�l A A.pprovecf
Py The Legal Depaifteni
le L6 zL
1934
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