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HomeMy WebLinkAbout1976-09-21 ResolutionRESOLUTION NO. 76-335 e RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: John Mark Oler dba/ That Deli, 620 S. Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Pe that the Resolution as rea a adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse X Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 21st day of September , 19 76 /579 11 RESOLUTION NO 76-336 BE 1T RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit a approved or a ollowday named application is hereby following described location: person or persons at the John Mark Oler dba/That Deli, 620 S. Dubuque St. Said approval Shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk Shall cause a recommendation for a to be endorsed upon the application and forward the same oc together With the license fee and all other on ments required to the IowasBeer and LiquoriControl iDepartment. that It was moved by yas rea Foster were: a and Seconded by Perret a op e , and upon roll ca ere AYES: NAYS: Balmer LB ABSENT: �-� x deProsse -� x Foster �— x Neuhauser x Perret —� —� x Selzer --�_ -� x Vevera —�_ x Passed this 21st — �__ day of September 19 76 11.580 11 RESOLUTION NO. 76-337 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Ken's Pizzas 1950 Lower Muscatine Ave. Vitosh Standard Service, Inc., 1905 Keokuk St. It was moved by Foster and seconded by Perret that the Resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse x Foster x Neuhauser X Perret X Selzer X Vevera X Passed this 21st day of September 1 1976 . /JrB RESOLUTION N0. 76-338 • RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners, and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in this effort; and WHEREAS, the total number of bicycles which have been accumu- lated have now become a storage problem, and the same are a burden on the City of Iowa City, Iowa; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Police1. That the Chief hereby authorized d di sell the abandoned bicyclesat publicauctiontotheahighestcted cashto bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be be paid into the Public Safety Fund portion of the budget of the City Of Iowa City, after first deducting therefrom the costs of the sale. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this Perret Balmer Vevera Foster deProsse Neuhauser Selzer 2l day of September 1976 �1u�zu F ayor ATTEST: City Clerk ty 0 RESOLUTION N0. RESOLUTION MODIFYING URBAN RENEWAL PLAN FOR PROJECT IOWA R-14 (Fourth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14, and WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and a an Urban Renewal Plan for said Project, which Urban Renewal Plan was adopted and approved in Resolution No. approved October 2 1969, which Plan2was'modifiedpassed bandhamendede City Cby R it lu Iowa Cit and approved by the Cit y Resolution No. City, Iowa, on was modified and amended b Reso ut Iowa City, Iowa, on April 18, 1972, 2-159,ich ppassed Council of Iowa Cit y Resolution 73-172, passed and approved b Resolution 73-420 y' Iowa, on May 1, 1973, which Plan was modified andamended he City September 25 Passed and approved fi the City Council of Iowa City, Iowa, on 1973, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14, and WHEREAS, certain further modifications and of said Urban Renewal Plan have been proposed, WHEREAS, a public hearing has been held by the City Council of the desirability of said proposed modifications, and Iowa City, Iowa, on WHEREAS, the LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Iowa R-14 be modified as follows: 1. Change the planned land use from four areas to three areas, incorporating the Transition Zone into the Central Business Core, 2- Modify the wording of certain objectives to provide added clarity and reflect updated Council objectives, 3• Add specific statements of Objectives, relating to open space, architectural and historic preservation, residential development, and improved mass transit, 4. Modify the wording of certain proposed actions to provide added clarity, 5. Modify, add, or delete, certain provisions of the Plan setting forth Permitted Uses and Additional Controls and Objectives re -development flexibility, to provide added clarity and greater 6. Update certain citations to other laws, ordinances and actions to reflect changes which have occurred, and, 7. Modify the provisions setting forth Redevelopers Requirements: 0 0 -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of. Iowa City, Iowa, for Urban Renewal Project No. Iowa R-14 approved and adopted by Resolution No. 2157 on October 2, 1969, and as modified by Resolution No. 72-159 on April 18, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-420 on September 25, 1973, be modified further as follows: Section A, Introduction, the second paragraph, is hereby amended by changing the phrase, "under Chapter 403 of the 1966 Code of Iowa," to read, "under Chapter 403 of the 1975 Code of Iowa," in the last line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part b, is hereby amended by adding the word "educational" between the word "govern- mental" and the words "and cultural" in the third line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part f, is hereby amended by adding the words "public and private" following the word "attractive" in the first line thereof, and is hereby further amended by deleting all after the words "Iowa City" in the second line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part g, is hereby amended by adding the word "bicycles," following the word "pedestrians" in the third line thereof. Section B, Descri tion of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part i, is hereby amende by a ding t e phrase, "and including existing off-street parking outside the project area boundaries," at the end of the last line thereof. Section B, Descri tion of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, is hereby amended y adding the ollowing our parts to the end thereof: "1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of the University of Iowa and downtown Iowa City." "m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the elderly, in down- town Iowa City." "n. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems." ,to. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or historic significance. Section B, Description of Urban Renewal Area, part 3, Types of Proposed Renewal Action, part a, Clearance and Redevolopment, part (3), is hereby amended by deleting all after the word "facilities" in the second line thereof, and inserting in its place the sentence, "Such sites and facilities shall be so located as to meet projected needs, and shall be designed to enhance the downtown area as a whole." -3- Section C, Land Use Plan sentence, "Certainain st pPb�tclortea n e 1�� Zrt herebil �,K�ed b to be set forth in the land Mar g Documentacated sub• Provisions ad ketin , end e the the Section C, Land at the end thereof• the words, 'i Use Plan thereof, transport d�po�st Zfollow Services, is hereby amended by following the word "hotels" in the seventh line Section C, Land Use Plan as amended new p adding the ision, tlnstitutCentral usessiness District Core, is hereby art (f) at the end thereof. the second floor only,,, Section C, Land Use Plan beginning, "glSO pet a n PhetCBS districtral Business all after the words "floor Service level and above." is hereb Area, the paragraph Y amen a by deleting Section C Land "Permitted '� s� part 2a uses..." len, C3), is hereby amended b University Area "Permitted Uses: classrooms Y chan g the paragraph administrative , Is Ora said paragraph P beginning Offices, research facilities meetin P to read: Parking." g rooms, faculty and Section C , and off-street Retail Area Land U— sem, part 2a is hereby amended b �4), Office Hotel y deleting the entire 1, nsnitutional, and S Section C, Land ecial amended by changin Use Plan, part 26, gwo "four" to FhKieT rnal Controls and Ob•ectives Section C t reel,in t o second ' h hereby —Business Land Use�_ part 2b line thereof, , is ereby amended b Additional Controls Y: and Ob•ectives a• deletingCenter thereofte word "regional" from the second line of the first provision b• deleting the second in its entirety Provision, which beg Provision Y••. Y and adding the "Intensify Y the density.. --Provide for re- n in its place: the densitydevelo went of usable commercial space, groupings, in order in compact Of open spaces, pedestrian ways, P while increasing to intensify Ys, and Plazas. the availability C. deleting, in its entiret Pedestrian mall.,, Y, the provision which begins, "provide for a d• deleting in its in its entirety the provision which begins, 'Provide Plaza... e, deletingde an Qrcaded g closin Of Dubuque ° entirety, the provision which be Street from Washington...It begins, Provide for t he f• deletingwhich be „ °f Dubuque its entirety, the provision 4 Street from ColZege..." gins, Provide for the closing • -4- g. 4- g. deleting in its entirety, the provision which begins, "Provide attractive public pedestrian link...", and adding in its place the following provision: --Provide attractive pedestrian links, which reinforce the pedestrian orientation, and tie together the key areas of redevelopment." h. deleting, in its entirety the provision which begins, "Provide for a publicly owned...", and adding in its place the following provision: --Provide for publicly owned off-street parking facilities to accommodate approximately 1600 to 2000 cars." i. adding the following provision, immediately after the provision set forth in (h) above: --Provide for speciality retail and service uses oriented to the pedestrian ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. j. adding the following three provisions at the end thereof: --Provide for the closing of College Street between Capitol and Clinton Streets, in order to permit land assembly for private development. --Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City, readily accessible to the commercial and office activity, the University of Iowa campus, and the medical complex. --Allow for the consideration of street closures, provided such closures are consistent with proposed and existing land uses, sound traffic management, and adequate levels of access. Section C, Land Use Plan, part 2b, Additional Controls and Objectives, is hereby amended by deleting in its entirety the section, 0 ice, Hotel, Institutional and Special Retail Area Area 2. Section C, Land Use Plan, part 2b, Additional Controls and Objectives University Area, is hereby amended by changing the phrase "Area 3," to Phrase the second line thereof. "Area Z,," in Section C, Land Use Plan, part 2b, Additional Controls and Objectives University Area, is hereby amended by deleting the provision which begins, "Provide sites for tile..." and adding in its place the following provision: --Provide sites for the orderly establishment and expansion of the State University of Iowa: such uses North of Burlington Street to be limited to classroom teaching and research facilities, faculty offices, and academic support facilities such as library, museum, student and administrative services. Uses South of Burlington Street are limited to those uses permitted North of Burlington Street, and auxillary facilities such as off-street parking, physical plant services, and research facilities." 0 • -s- Section C, LandUse Plan, part 2b, Additional Controls and Objectives University Area, is hereby amended by: - a. deleting in its entirety, the provision which begins, "provide for the closing of College Street..." b, deleting in its entirety the provision which begins, "provide for the closing Of Capitol Street..." C. deleting in its entirety the provision which begins, "Provide for an internal..." d. deleting in its entirety the provision which begins, "Provide for a plaza..." e. deleting in its entirety the provision which begins, "Provide space south of..." f. deleting in its entirety the provision which begins, "Provide for one or more pedestrian overpasses..." g. adding, the following provision at the end thereof: --Allow for the consideration of street closures, provided such closures are consistent with existing and proposed land uses, sound traffic management, and adequate levels of access. Section C, Land Use Plan, part 2b, Additional Controls and Objectives Central Business Service Area, is hereby amended by. a. changing the words "Area 4" to read "Area 3" in the second line thereof. b. deleting from the provision which begins, "Provide for the orderly expansion..." the words "service uses," in the last line thereof, and adding in their place the words, "multi -family residential uses." C. deleting from the provision which begins, "Provide for the expansion or development...", all after the words, "auto oriented activities," in the second line thereof. d. deleting in its entirety the provision which begins, "Provide space for either..." and adding in its place the following provision: --Provide space for either surface or structure parking to meet the needs for employer and employee long term parking; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. e. delete in its entirety the provision which begins, "Prohibit accessory off-street..." f. delete in its entirety the provision which begins, "Provide for up to loo percent...' and add in its place the following provision: -6- --Provide for up to 100 percent lot coverage of all parcels of less then 15,000 square feet; and up to 80 percent lot coverage on all parcels larger than 15,000 square feet; and a floor area ratio of up to five times the development area. Floor area ratio premiums may be allowed for inclusion of plazas, open space, street arcades, canopies, passenger loading, and freight loading facilities. g. add the following two provisions at the end of the section thereof: --Provide for the closing of Capitol Street from Burlington Street to Court Street in order to permit land assembly for private development. --Allow for the consideration of additional street closures, provided such closures are consistent with proposed and existing Land use, sound traffic management, and adequate levels of access. Section D, Project Proposals, part 2, Rehabilitation and Conservation, part b, is hereby amended by deleting in its entirety the list of laws, codes, and ordinances which follows the phrase, "These include:", and adding in its place the following list of laws, codes, and ordinances: Zoning Ordinance - adopted July, 1962, as subsequently amended Minimum Housing Standards - adopted March, 1957, as subsequently amended Uniform Buildin Code, International Conference of Building Officials, as modi ied, adopted July, 1956, as subsequently amended The National Electrical Code, National Fire Protection Association, as modified, adopted January, 1970, as subsequently amended Plumbing Code, adopted October, 1957, as subsequently amended Fire Protection and Fire Prevention Codes, including the Uniform Fire Code; International Conference of Building officials, as modified, adopted July, 1962, as subsequently amended Subdivision Regulations, adopted January, 1964, as subsequently amended Signs and Billboards Ordinance, (see Zoning Ordinance) Garbage and Refuse Code, adopted April, 1953, as subsequently amended Section D, Project Proposals, part 3, Redevelopers Requirements, is hereby amended by: a. deleting from the provision which begins, The Redevelopers will be required..." the sentence which begins, "This may be through fixed..." in the 10th line thereof, and adding in its place the following sentence: "This may be through fixed price offerings, minimum price offerings, or by other means which in the determination of the City of Iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State and Federal law. me b. adding to the provision which begins, "Disposition documents will provide..." the following sentence, at the end thereof: Such disposition documents will contain provisions which require, permit, and/or prohibit the closure of certain streets not heretofore called for in this Plan. c. modifying the provision which begins, "e. That the Redeveloper and his successor or assign..." by adding the word "sex," following the word "color," in the fourth line thereof. Section E, Other Provisions Necessary to Meet State and Local Requirements, is hereby amended by: a. deleting the phrase 111966 Code of Iowa" and inserting in its place the phrase 111975 Code of Iowa." b. deleting from part 5, Public Hearing on the Urban Renewal Plan after Public Notice thereof, the fourth line t ereo , and adding in its place, "on September 23, 1969, May 1, 1973, and September 21, 1976." Exhibit R213B, Proposed Land Use, dated May, 1973, is hereby deleted, and exhibit R213B, PROPOSED LAND USE, dated August, 1976, is hereby added in its place. The City Manager is hereby authorized and directed to make the above modifications in the Urban Renewal Plan and maps. The above and foregoing modifications of the Urban Renewal Plan and maps are hereby approved and said plan modifications are effective immediately. The City Manager is further directed to cause a copy of the amendment approved herein to be filed with the City Clerk. It was moved by and seconded by that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Foster Neuhauser Perrot Selzer Vevera Passed and approved this day of Mayor ATTEST: City Clerk 1976. 0 RESOLUTION NO. 0 RESOLUTION MODIFYING URBAN RF3JEIVAL PLAN FOR PROJECT IOIVA R-14 (Fourth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14, and WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for said Project, which Urban Renewal Plan was adopted and approved in Resolution No. 2157, passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan was modified and amended by Resolution No. 72-159, passed and approved by the City Council of Iowa City, Iowa, on April lc, 1972, which Plan was modified and amended by Resolution 73-172, passed and approved by the City Council of Iowa City, Iowa, on May 1, 1973, uMch Plan was modified and amended by Resolution 73-420, passed and approved by the City Council of Iowa City, Iowa, on September 25, 1973, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14, and WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed, and MIEREAS, a public hearing has been held by the City Council of Iowa City, Iowa, on the desirability of said proposed modifications, and MIEREAS, the LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Ioa R-14 be modified as follows: 1. Change the planned land use from four areas to three areas,incorporating the Transition Zone into the Central Business Core. 2. ,Modify the wording of certain objectives to provide added clarity and reflect updated Council objectives, 3. Add specific statements of Objectives, relating to open space, architectural and historic preservation, residential development, and improved mass transit, 4. Modify the wording of certain proposed actions to provide added clarity, 5. Modify, add, or delete, certain provisions of the Plan setting forth Permitted Uses and Additional Controls and Objectives to provide added clarity and greater re -development flexibility, 6. Update certain citations to other laws, ordinances and actions to reflect changes which have occurred, and, 7. Modify the provisions setting forth Redevelopers Requirements: -z- COR', IIIEREP0RE, BE I1' RESOLVED BY 'r1lli CITY COUNCIL OF IOIVA CITY, IOIVA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of Iowa City, Iowa, for Urban Renewal Project No. Iowa IZ-14 approved and adopted by Resolution No. 2157 on October 2, 1969, and as modified by ResoLution No. 72-159 on April 13, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-42 on September 25, 1973, be modified further as follows: Section A, Introduction, the second paragraph, is hereby amended by changing the phrase, "un er Cd Uapter 403 of the 1966 Cale of Iowa," to read, "under Chapter 403 of the 1975 Code of Iowa," in the last line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part b, is hereby amended y adding tie wor e ucational" between the word "govern- mental" and the words "and cultural" in the third line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part f, is hereby amended by arc ding the words "public and private" following the word "attractive" in the first line thereof, and is hereby further amended by deleting all after the words "Iowa City" in the second line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part g, is hereby amended y adding t-ie wor icycles," following the word "pedestrians" in the third line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, part i, is hereby amended by adding t e p rase, "and including existing off-street parking outside the project area boundaries," at the end of the last line thereof. Section B, Description of Urban Renewal Area, part 2, Urban Renewal Plan Objectives, is hereby amended by adding the 011owing Tour parts to the end thereof: 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of the University of Iowa and downtown Iowa City." 'S-n. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the elderly, in down- town Iowa City." "n. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems." "o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or historic significance. Section 13, Description of Urban Renewal Area, part 3, T)Tes of Proposed Renewal Action, part a, Clearanarc Re ev ce e12172t, part (3), is ere y amen y deleting all alter the wordaeilities" in tie second line thereof, and inserting in its place the sentence, "Such sites and facilities shall be so located as to meet projected needs, and shall be designed to enhance the downtown area as a whole." Section C, Land Use Plan, part 1, Land Use Map, is hereby amended by adding the sentence, "Certain streets may be close a� - nd vacated, subject to the provisions to be set forth in the Land Marketing Documents," at the end thereof. Section C, Land Use Plan, part 2a(1)b, Services, is hereby amended by adding the words, "transportationdepots," following the word "hotels" in the seventh line thereof. Section C, Land Use Plan, part 2a(1), Central Business District Core, is hereby amended by adding the provision, "Institutional uses above the second floor only," as a new part (f) at the end thereof. Section C, Land Use Plan, part 2a(2), Central Business Service Area, the paragraph beginning, Also permitt in the CBS district..." is hereby amended by deleting all after the words "floor level and above." Section C, Land Use Plan, part 2a(3), University Area, the paragraph beginning "Permitted uses..." is hereby amended by clanging said paragraph to read: "Permitted Uses: classrooms, laboratories, meeting rooms, faculty and administrative offices, research facilities, service facilities, and off-street parking." Section C, Land Use Plan, part 2a(4), OEfice, Hotel, Institutional, and Special Retail Area, is eri e�amended by deleting the entire section. Section C, Land Use Plan, part 2b, Additional Controls and Objectives, is hereby amended by changing the word"four" to tie wort "gree' in t e secon line thereof. Section C, Land Use Plan, part 2b, Additional Controls and Objectives, Central Business Core, is sere y amended by: a. deleting the word "regional" from the second line of the first provision thereof. b. deleting the second provision, which begins "Intensify the density ..." in its entirety and adding the following provision in its place: --Provide for re -development in compact groupings, in order to intensify the density of usable commercial space, while increasing the availability of open spaces, pedestrian ways, and plazas. c. deleting, in its entirety, the provision which begins, "Provide for a pedestrian mall..." d. deleting in its entirety the provision which begins, "Provide an arcaded public plaza..." e. deleting in its entirety, the provision which begins, "Provide for the closing of Dubuque Street from Washington..." f. deleting in its entirety, the provision which begins, "Provide for the closing of Dubuque Street from College..." 0 -4- 0 g. deleting in its entirety, the provision which begins, "Provide attractive public pedestrian link...", and adding in its place the following provision: -- Provide attractive pedestrian links, which reinforce the pedestrian orientation, and tie together the key areas of redevelopment." h. deleting, in its entirety the provision which begins, "Provide for a publicly owned...", and adding in its place the following provision: --Provide for publicly owned off-street parking facilities to accommodate approximately 1600 to 2000 cars." i. adding the following provision, immediately after the provision set forth in (h) above: --Provide for specialty retail and service uses oriented to the pedestrian ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. j. adding the following three provisions at the end thereof: --Provide for the closing of College Street between Capitol and Clinton Streets, in order to permit land assembly for private development. --Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City, readily accessible to the commercial and office activity, the University of Ioira campus, and the medical complex. --Allow for the consideration of street closures, provided such closures are consistent with proposed and existing land uses, sound traffic management, and adequate levels of access. Section C, Land Use Plan, part 26, Additional Controls and Objectives, is hereby amended by deleting in Tts entirety the section, 0- ice, Hotel, Institutional and Special Retail Area, Area 2. Section C, Land Use Plan, part 2b, Additional Controls and Objectives, UniverT city Area, is hereby amen >y lunging thephrase `TArea 3, to tie ptrase ea c, rn tic second line thereof. Section C, Land Use Plan, part 2b, Additional Controls and Objectives, University Area, is hereby amen3c�y eleting the provision w ic��ins, oviae sites v, t_nl:..." and adding in its place the following provision: --Provide sites for the orderly establishment and expansion of the State University of Iowa: such uses North of Burlington Street to be limited to classroom teaching and research facilities, faculty offices, and academic support facilities such as library, museum, student and administrative services. Uses South of Burlington Street are limited to those uses permitted North of Burlington Street, and auxillary facilities such as off-street parking, physical plant services, and research facilities." Section C, Land Use Plan, part 2b, Additional Controls and Objectives, University Area, is hereby amenn e a. deleting in its entirety, the provision which begins, "Provide for the closing of College Street..." b. deleting in its entirety the provision which begins, "Provide for the closing of Capitol Street..." c. deleting in its entirety the provision which begins, "Provide for an internal..." d. deleting in its entirety the provision which begins, "Provide for a plaza..." e. deleting in its entirety the provision which begins, "Provide space south of..." f. deleting in its entirety the provision which begins, "Provide for one or more pedestrian overpasses..." g. adding, the following provision at the end thereof: --Allow for the consideration of street closures, provided such closures are consistent with existing and proposed land uses, sound traffic management, and adequate .levels of access. Section C, Land Use Plan, part 2b, Additional Controls and Business Service Area, iFreby amend y. a. changing the words "Area 4" to read "Area 3" in the second line thereof:. b. deleting from the provision which begins, "Provide for the orderly expansion..." the words "service uses," in the last line thereof, and adding in their place the words, "multi-fvnily residential uses." c. deleting from the provision which begins, "Provide for the expansion or development...", all after the words, "auto oriented activities," in the second line thereof. d. deleting in its entirety the provision which begins, "Provide space for either..." and adding in its place the following provision: --Provide space for either surface or structure parking to meet the needs for employer and employee long term parking; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. e. delete in its entirety the provision which begins, "Prohibit accessory off-street..." f. delete in its entirety the provision which begins, "Provide for up to 100 percent..." and add in its place the following provision: 0 -6- • --Provide for up to 100 percent lot coverage of all parcels of less than 15,000 square feet; and up to 80 percent lot coverage on all parcels larger than 15,000 square feet; and a floor area ratio of up to five times the development area. Floor area ratio premiums may be allowed for inclusion of plazas, open space, street arcades, canopies, passenger loading, and freight loading facilities. g. add the following two provisions at the end of the section thereof: --Provide for the closing of Capitol Street from Burlington Street to Court Street in order to permit land assembly for private development. --Allow for the consideration of additional street closures, provided such closures are consistent with proposed and existing land use, sound traffic management, and adequate levels of access. Section e Project Proposals, part 2, Rehabilitation and Conservation, part b, is hereby amended liy�celetina in its entirety the list o aws, c es, and ordinances which follows the phrase, "These include:", and adding in its place the following list of laws, codes, and ordinances: Zoning Ordinance - adopted July, 1962, as subsequently amended Minimum Housing Standards - adopted March, 1957, as subsequently amended Uniform Building Code, International Conference of Building Officials, as mo r ie a opt July, 1956, as subsequently amended The National Electrical Code, National Fire Protection Association, as m i i a optec January, 1970, as subsequently amended Plumbing Code, adopted October, 1957, as subsequently amended Fire Protection and Fire Prevention Codes, including the Uniform Fire Code; nternational on erence TOBE ing icials, as modified, adopted July, 1962, as subsequently amended Subdivision Regulations, adopted January, 1964, as subsequently amended Signs and Billboards Ordinance, (see Zoning Ordinance) Garbage and Refuse Code, adopted April, 1953, as subsequently amended Section D, Project Proposals, part 3, Redevelopers Requirements, is hereby amended by: a. deleting from the provision which begins, "The Redevelopers will be required..." the sentence which begins, "This may be through fixed..." in the 10th line thereof, and adding in its place the following sentence: "This may be through fixed price offerings, minimum price offerings, or by other means which in the determination of the City of Iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State and Federal law. 0 -7- 0 b. adding to the provision which begins, "Disposition documents will provide..." the following sentence, at the end thereof: Such disposition documents will contain provisions which require, permit, and/or prohibit the closure of certain streets not heretofore called for in this Plan. c. modifying the provision which begins, "e. That the Redeveloper and his successor or assign..." by adding the word "sex," following the word "color," in the fourth line thereof. Section E, Other Provisions Necessary to Meet State and Local Requirements, is hereby amended by: a. deleting the phrase "1966 Code of Iowa" and inserting in its place the phrase "1975 Code of Iowa." b. deleting from part S, Public Ilea ring on the Urban Renewal Plan after Public Notice thereof, the fourtT lin to ®ereo , adcTing in its place, on September 23, 1969, May 1, 1973, and September 21, 1976." Cxhibit R213B, Proposed land Use, dated May, 1973, is hereby deleted, and exhibit R213B, PROPOSED LAND US,catAugust, 1976, is hereby added in its place. T7ie City Manager is hereby authorized and directed to make the above modifications in the Urban Renewal Plan and maps. The above and foregcing modifications of the Urban Renewal Plan and maps are hereby approved and said plan modifications are effective immediately. The City Manager is further directed to cause a copy of the amendment approved herein to be filed with the City Clerk. It was moved by and seconded by that the Resolution as read e a opt and upon roll call t ere were: AYES: NAYS: ABSENT': Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this day of , 1976. ATTEST: City Clerk RESOLUTION NO. 76-339 RESOLUTION PROPOSING TO SELL REAL PROPERTY WHEREAS, the City Council of Iowa City, Iowa, has authorized negotiations for the sale of certain real property, to wit: All of lot 1, the north 1/2 of lot 2, and the north 120 feet of the 20 foot alley, all in block 101, original town, Iowa City, Iowa, according to the recorded plat thereof. Total area: 20,400 square feet WHEREAS, the City has obtained two real property appraisals on said property, and, WHEREAS, the City has entered into negotiations for said property with the Perpetual Savings and Loan Association, and WHEREAS, a public hearing will be held upon this resolution on September 21, 1976, following public notice thereof, pursuant to State law; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL'OF IOWA CITY, IOWA, that the City hereby proposes to sell the above described real property to the Perpetual Savings and Loan Association for the sum of one hundred sixty one thousand, seven hundred twenty dollars and no cents ($161,720.00). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to cause the preparation of a contract and deed for the sale of said real property. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 21st Balmer deProsse Foster Neuhauser Perret Selzer Vevera day of September , 1976. /fe Mayor ATTEST: rh ( l_ iLJ City Clerk ,) BY Till: LEGId. L`hi CZ 0 DESIGNAi"ION OF REPRESENTATIVE ALL MEN BY THESE PRESENTS: That Perpetual Savings and Loan Association does hereby designate vid Capitol Associates as its Representative to negotiate for or with it the acquisition of certain real estate located in Block 101, Iowa City, Iowa, more aricularly described as Parcel 'Fl in an appraisal by Arthur J. Frahm & Asso- ciates dated July 28, 1976, upon the following terms and conditions, to -wit: 1. The purchase price of said property shall be $161,720.00, except as may be modified or adjusted by virtue of limitations, restrictions, appraisal .:rrors, or obligations to install certain improvements necessary for the proper development o: said real estate, PROVIDED, that by March 1, 1977, the City of Iowa City permits a commercial curb cut providing ingress to said real estate from Burlington Street and egress to the right only from said property onto Burlington Street, or title to a strip of land located in the Urban Renewal area immediately west of said Parcel 01 having a frontage o: twenty-five (25) feet on Burlington Street and running south for a distance of one hundred twenty (120) feet for which Perpetual will pay the fair market value. 2. Perpetual will be advised of the time and place of all negotiation rr.cetings. 3. Conveyance will be made from the City of Iowa City directly to Pa petual. Dated this 27th day of August, 1976. PERPETUAL SAVINGS AND LOAN ASSOCIATION c•iE TCLFUS I \ti RESOLUTION NO. 76-340 RESOLUTION PROPOSING TO SELL REAL PROPERTY WHEREAS, the City Council of Iowa City, Iowa, has authorized negotiations for the sale of certain real property, to wit: The south 189.85 feet of the north 309.85 feet of block 101, original town; a parcel containing the south 1/2 of lot 2, all of lot 3, and the north 69.85 feet of lot 4, all in block 101, original town, Iowa City, Iowa, according to the recorded plat thereof. Total area: 28,477.5 square feet WHEREAS, the City has obtained two real property appraisals on said property, and, WHEREAS, the City has entered into negotiations for said property with the Johnson County Realty Company, and WHEREAS, a public hearing will be held upon this resolution on September 21, 1976, following public notice thereof, pursuant to State law; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City hereby proposes to sell the above described real property to the Johnson County Realty Company for the sum of one hundred ninety five thousand two hundred twenty two dollars and no cents ($195,222.00). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to cause the preparation of a contract and deed for the sale of said real property. It was moved by and seconded by Balmer deProsse that the Resolution as read be adopted and upon roll call there were: AYES x NAYS: ABSENT: Passed and approved this Balmer deProsse Foster Neuhauser Perret Selzer Vevera 21st day of September , 1976. �PWAkL► c Mayor 7 9 ATTEST: City CleKk R=C1':VED h APPROVED BY Ti!L'EGGI. DEPA137KENT a� /595 DESIGNATION OF REPRESENTATIVE LdOW ALL MEN BY THESE PRESENTS: That Iowa State Bank & Trust Company, Iowa City, Iowa, does -ia:eby designate Old Capitol Associates as its Representative to negotiate for or with it the acquisition of certain real estate located in Block 101, Towa City, Iowa, more particularly described as Parcel 12 in an appraisal by Arthur J. Frahm & Associates dated July 28, 1976, upon the following terms and conditions, to -wit: I. The purchase price of said property shall be $195,222.00, except as may be modified or adjusted by virtue of limitations, restric- tions, appraisal errors, or obligations to install certain improvements necessary for the proper development of said real estate. 2. Iowa State Bank & Trust Company, Iowa City, Iowa, will be advised of the time and place of all negotiation meetings. 3. Conveyance will be made from the City of Iowa City, Iowa directly to the Bank. Dated this 27th day of August, 1976. IOWA STATE BANK & TRUST COMPANY, F # L E D SEP 1 71916 D ASSIE STOLFUS CITY SIC ORDINANCE NO. 76-2808 AN ORDINANCE AMENDING ORDINANCE NO. 75-2773 BY PROVIDING FOR A CHANGE IN THE PROCEDURE IN ASSESSING A FEE FOR SERVICES PROVIDED BY THE VsATI R DIVISION TO THE PUBLIC BY REPEALING SDCTION XII(B) OF ORDINANCE 75-2773, AND ENACTING A NEW S=ION IN LIEU THIUMF. SECTION I. PURPOSE. The purpose of this ordinance is to authorize the Director of Public Works to set uniform fees and charges for the various services provided by the Water Division of the Department of Public Works so as to establish charges which reflect the costs incurred by the City of Iowa City. SIDMON II- AMENDMCN'P. SECTION XII(B) shall now state as follows: The Director of Public Works shall establish written uniform fees and charges for various consumer services. Said fees and charges shall be based upon labor, materials, overhead and other expenses incurred by the City of Iowa City, Iowa. SECPION III. REPEALER.. Section XII(B) of Ordinance No. 75-2773 and all other ordinances in conflict with the provisions stated herein are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Foster and seconded by deProsse that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster x Neuhauser X Perret x Selzer X Vevera � n ATTEST:�o �-y�L�AIL( c. Mayo 11ClU,LCI City Clerk It was moved by_Foster and seconded by Selzer that the rule requiring the Ordinance 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 that the Ordinance be voted upon for final passage at this time. Roll call: Ayes: Selzer, Balmer, Date of Publication deProsse, Foster, Neuhauser, Perret. Nays: Passed and approved this 21st day of September 1976. none. Jtf %lV�D & APPROVED 211I3 LEGAL DEPARVC-ZTT /597: 0 RESOLUTION NO. 76-341 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF EASTDALE MALL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for f.astdale Mall be granted with the following conditions: Ione. i It was moved by Selzer and seconded by Vevera that the resolution as read be adopted and upon roll call there Vere: AYES: NAYS: ABSENT: Passed and approved this 21st day of September , 1976. ATTEST • • CITY CLERK ls'9B STAPF REPORT Planning and Zoning Commission September 2, 1976 SUBJECT: S-7626. Preliminary plat..of Eastdale Mall located southeast of First Avenue and northeast of Lower Muscatine Road; date filed: 8/19/76; 4S -day limitation:. • 10/3/76., STAFF Mr. Dave Cahill and Mr.,Pat Harding ANALYSIS: propose toe:subdivide the.10.06,acre tract previously owned by;victor Metals into 13 lots for an integrated commercial development of stores under separate ownership interconnected:by ; an open pedestrian mall. The conceptual plan has merit and should:prove,to:, be very successful. A major obstacle in what would appear as a rather unique planned commercial development is a requirement of the Zoning Code that all lots front directly upon a public street or upon an officially approved place. The Board of Adjustment on August 4, 1976, granted approval of an application submitted to designate the driveways upon which the lots would front, as officially approved places. A staff analysis of that application was presented in a Staff Report dated August 4, 1976 which is attached as a supplement to this Staff Report. The Planning and Engineering Divisions reviewed the subject plat and noted several discrepancies with the Subdivision Code enumerated as follows: 1. The plat should be designated as a replat of all (or part) of Lot 2 of Ohls Subdivision. 2. The original lot lines of Lot 2 of Ohls Subdivision should be indicated. 3. The subdivision should indicate 13 lots and be.numbered in numerical order. 4. Private drives should be labelled as officially approved places. S. The chord bearing and distance, radius and the arc length should be indicated on the plat and in the description for the curve in the boundary along First Avenue. 6. Easements should be shown for all existing and proposed public utilities. 7. A graphic scale should be provided. 8. The width of the right -o£ -way and paved surface of existing streets abutting the subdivision should be indicated. 9. The lot dimensions of Lots 1, 11 and 12 should be shown. -2- 10. A signature block should be provided for the City Clerk's later certification of the approval of the plat. 11. The distance to.the southeast boundary linuld befindicatedan ing sanitary sew er paralleling the boundary line d b 12. The ma ument permanent tthe southeast eoffscorner of et from anse istingection 4stormisewerre-established wit ument 13. The words "to be enlarged" should be added to the noteorm "24wer inch concrete pipe" shown at the termination of the existing subdivision. ion It is .the Staff's recommeectiplat STAFF that.approval of the.subj RECObLMENDATION: be deferred pending revision of the above noted discrepancies. 7 • i 1 .J �\ ..� J-� � � _J 1 I �t. 1 I. 1. �•I � � �� 1 � ( �. .�..�.•�•.�'f-rY'•+� I.... ,r.•:.4 .. .� .i e. MERCE INNi iccT rD' R1 A :.,Li.'�J.11 71 Tt- 1 Wil -LB L1.1-1JJ - 3 TT 600 120,0 1WO . .' ER: N2.RTH GRAPHIC SCALE 1"= 660' 5;6U � � � Lgrr, �rD• D iT /lT\ TT1 /T� TTS r IV' • Is STAFF REPORT Board of Adjustment. August 4, 1976 SUBJECT: V-7607..• Application submitted by Mr. Dave Cahill and Mr. Pat Harding to permit lots at 1705 First Avenue to front upon a private drive or an "officially approved place" in lieu of upon a public street; date filed: 7/14/76. STAFF According to Section 8.10.3A48 ANALYSIS: of the Zoning Code, a lot is "a parcel of land, adequate for occupancy by a use permitted : under this Chapter (8.10), which provides the yards, area, and'off-street parking herein required under this Chapter, and which fronts directly _ upon a public street or upon an officially approved place'!: A lot is also a parcel for the purpose of transfer of ownership or building develop- ment as established in an approved and recorded subdivision plat". The applicants propose to subdividepartof a 9.47 acre tract located north of Lower Muscatine Road and east of First Avenue ,(see attached plan) into lots for disposition to potential commercial buyers for development in accordance with a preconceived development plan. The lots, however, _. could not be subdivided without frontage upon a.public street unless the Board of Adjustment "interprets the provisions of the Zoning Code in such a way as will not be.contrary to public interest where.owing to special. conditions a literal enforcement of "the provisions of this Code will result'in unnecessary hardship, and in such a way that the spirit of the Code shall be observed and substantial justice done (8.10.28H.1.D)". The Board's interpretation of the ordinance would constitute permission to allow the lots to front upon an officially'- ,approved place. This analysis, then, will address the "special conditions" and "public interest" in this case to determine whether there is sufficient grounds in granting such approval. The applicants, purchasers of the Victor Metals estate, propose to convert the existing building into an enclosed mall and, in addition, to construct an open mall with stores linked to the enclosed mall by an exterior pedestrian walkway. In shopping center developments, this is the most desirable method of providing an integration of various types of retail stores for customer convenience. Such planned developments can most effectively be accomplished if the shopping center is'under single ownership. That is not to say,, however, that a planned shopping center cannot be developed under multiple_ . ownership if tight restrictive covenants are established. The applicant's dilemma is the development of aplanned. shopping center-,.,.. under the multiple ownership of lots having frontage upon.a public street. They have been informed by the City that cars would not be.allowed io back out from parking stalls onto a public street ;'and 'it was suggested that all parking spaces and driveways be, private. j_ ® The proposal of a planned commercial shopping center incorporating the design features contemplated would definitely be in the public interest, and this situation is sufficiently unique that relief would be warranted. STAFF Based upon the above analysis, RECOMMENDATION: it is the 'staff's recommendation that the Zoning Code be inter- preted in such a way ,as will not be contrary to public interest where owing to special conditions by permitting lots to front upon a driveway designated as an officially approved' place: i� I V JUL1 41976 D ® - ABBIE STOLFUS Cmr CLERK APPEAL TO THE BOARD OF ADJUSTMENT DATE July 149 1976 We, Dave Cahill and Pat Harding of 1705 lst Ave Iowa City . having met with the City Planning Staff, Traffic Engineer and,the Planning and Zoning Commission for discussions and their recommend- ations regarding the desirability of dedicated streets versus private drives in the proposed Eastdale Mall Addition to Iowa City. The proposed Eastdale Mall adjacent to the southeast side of First Avenue, the former Victor Metals site, would accommodate retail businesses and professional services. The traffic generated by the development would require parking /j spaces in the proposed streets in addition to off-street parking. �J The City Staff, considering the importance of traffic movement on First Avenue, along with additional street maintenance on the proposed streets and the needs of the developer, advised the Owners of the proposed Eastdale Mall to provide access to the development via private drives from First Avenue and Lower Muscatine Road. Therefore it would be necessary to deviate from the requirement of the Zoning Ordinance wherein each lot must front on a public street. Therefore in accordance with Section 8.10.28.H.1.D of the Zoning Ordinance,"To interpret the provisions of this Chapter in such a way as will not be contrary to public interest where owing to special conditions a literal enforcement of the in such provisions of this t Chapter will result in unnecessary hardship, Justice tha the spirit of this Chapter shall be observed and substantial j done," it will , rants aavariancefor hofBlots frontingtment to on public streets. ' and if necessary, g OCIty of Iowa CHO MEMORANDUM TO: Neal Berlin, City Manager FROM: Angela Ryan, Asst. City Attorney RE: Eastdale Mall FACTS DATE: September 17, 1976 The owners have obtained a subdivision plat for the Eastdale Mall. All of the lots are under two acres except Lot 13 which contains an existing building which the owners intend to extensively renodel. �� : a. d. guy. Must the owner camply with Chapter 9.52, Municipal Code of Iowa, Large Scale Non -Residential Development, with regard to Lot 133 The owner wishes to secure a building permit for an office, cvmrercial or industrial building on a tract greater than two (2) acres: therefore, he must cxnply with chapter 9.52. DISCUSSION Section 301(a) of the Uniform Building Code states: "No person, firm or corporation shall erect, construct, enlarge, alter, any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such build- ing or structure frau the Building Official." Chapter 9.52 applies whenever the owner or owners of a tract of land wishes to secure a building penntt for an office, cc mercial or industrial building on a tract over two acres. Since a building permit must be obtained for minor repairs, it would be advisable to amend Chapter 9.52 so that its provisions apply only to major improvwmts. to define major i�rovgmnts. The ordinance could set a dollar amnmt leoe 0 RE LIMON NO. 76-342 RESOLUTION AUTHORIZING EXQ'J=ON OF PERMANENT SIDEWALK EASEMENT WITH THE IOIVA CITY CGMJNITY SCHOOL DISTRICT WHEREAS, the City of Iowa City, Iowa, has negotiated an easement with Iowa City Comm�mit School District , a copy of said easement being attached to s Resolution s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said easement for a sidewalk in the Oakwoods, Part 6B addition for the Helen Lane Elementary School. Said sidewalk easement is to be permanent. �� � ^ WI'171 • '� :1 •�� • :1� i M •• 1. That the Mayor and City Clerk are hereby authorized and directed to execute the easement with the Iowa City Community School District. 2. That the City Clerk shall furnish copies of said easement to any citizen requesting same. It was moved by Selzer and seeomided by vAuera_ the Resolution be adopted, and upon roll call there were: AYES' NAYS' AESENr: x BALMER x dePROSSE x FOSTER x NEUHAUSER x pERRET x SELZER X VEVERA Passed and approved this 21stiay of September 1976. — ATrF : L �Q� .17/_.c � � mayor City Clerk PER,LANENT EASEMENT This agreement, made and entered into by and between the City of Ioi:a City, first party, which expression shall include its agents or assigns, and the Iowa City Community School District, second party, which expression shall include their agents or 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 constructing a fence and maintaining a sidewalk over the following described real estate, to wit: The ten foot (10') walkway lying immediately adjacent to and between lots 290 and 291 of Oalcwoods Part 6B addition to the City of Iowa City, in the SE quarter of Section 12, T79N, R6W of the Sth principal meridian, Johnson County, Iowa. . The second party shall maintain in good repair the fence and sidewalk for the express purpose of providing pedestrian access between Helen Lemme School and Hastings Avenue. Such maintenance and repairs shall include structural maintenance to the sidewalk and fence as necessary. First party reserves the right to review plans and specifications for the proposed construction and to require that all said construction conform to ordinances and regulations as established in the City of Iowa City, Iowa. 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. It being understood that the Iowa City Community School District, by accepting this grant of easement; right of entry and encroachment, agrees to replace and repair any damage to said real estate caused by said construction and to resod or reseed said real estate after fine grading said real estate and that in the event any damage is caused to said real estate by the negligence of the Iowa City Community School District or its employees, that said damage will be repaired or compensated. The provisions hereof shall insure 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_�iA.D. 1976. For the City: For the Iowa City Community School District (�: 1:•.12-��U��)%. iPt .14i1 1 Maor tty Clerk C� AGREEMENTS/CONTRACTS Attached are ryJ unexecuted copies as signed by the Mayor. 0 of l x� � lj� l' After their execution by the second party, please route s) to be responsible for completion of this procedure. Abbie Stolfus City Clerk RESOLDTION NO. 76-343 RFSOLWION PROPOSING TO CONVEY AN ALLEY IN BURR 46, EAST IOWA CITY, AN ADDITION TO IOWA CITY, IOLA. WHEREAS, the City of Iowa City, Iowa, executed a Quit Claim Deed in favor of John J. Reiland and Ella M. Reiland on July 31, 1964, for property described as follows: The alley running in a north -south direction in Block Forty-six (46) in east Iowa City, Iowa, an addition to Iowa City, Iowa, said alley being located between Lots five (5), six (6) and seven (7) and Lots four (4) and nine (9) in said Block Forty-six (46) in East Iowa City, an addition to Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, a title objection to that transaction has been lodged because no resolution of the Council of the City of Iowa City, Ioora, author- izing execution of the said deed can be found, and WHEREAS, the City desires to clear this title objection, and WHEREAS, no consideration is required at this time since the purpose of this resolution is to clear the title objection. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the City of Iowa City, Iowa, hereby proposes to convey the above described property to John J. Reiland, now deceased, and Elle M. Reiland for the purpose of resolving title objections. 2. That a public hearing on the proposed conveyance of the above described Property will be held on the 12th day of October , 1976, at 7:30 P.M. in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa. 3. That the City Clerk is hereby authorized to publish notice of this hearing. 4. That the Mayor is authorized to sign and the City Clerk to attest this resolution. /, OA -2- • It was moved by Foster and second by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 21st day of September 1976. PIP) AR mayor ATTEST: Cue,-, e, -F J e, (� � V tC l City Clerk REC TVED & l.PNOVED BI TIM LE�ALJAP5BTMENT q1151-* tF 88 Vf- RESOLUTION NO. 76-344 RESOLUTION AWARDING CONTRACT FOR THE Purchase OF A 1250 G.P.M. PUMLAFRANCE WHEREAS, American LaFrance, 100 E. LaFrance St., Elmira, New York project. named has submitted t}ie best bid for the construction of the above - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to American LaFrance 100 ,ELaFrance St. Elmira o00r a amoun549. awardee secure ade ate , subject to the condition that 4u performance bond and insurance certificates. It was moved by Foster and seconded b that the Resolution ass—read be adopted, and upon roll call thereSelzer were: AYES: NAYS: ABSENT: x BAUIER dePROSSE x FOSTER x NEU RUSER x PERM x SELZER x VEVERA Passed and approved this 21st day of September 19 76 MAYOR J ATTEST; CITY CLE /60,3 0 DATE: SepretnbeA 13, 1976 TO: 'DL. NcaC S ,tC%tt, C%tt! '!ttnage)i FROM: lobe t„ v. Y,ea ti.}tg, F.uLe RE: harts 4or_ net, 1259 C.P.?!. PtunreA/ ,4caC, oil August 31, 1976 roc openc.'; b%ds to.t a netts 1'_150 C. P. N. PttmpeA. FottA eorpatt.i n sttbmd tied b%cis . They cute ms ,JOZLons : Ari ii.can LetFrance, t._. T1tade-I}t ACCo:avice on" ' " 1947 ikmc,tican LaYtance H. F. C. Titade-In AUORanee on 1947 AmeAii.ecmt LaF,,autce Seaghave Thade-In AUOVktnce on 1947 Arteucalt I..v-aa:tce F%,re T:otcls6 Inc. Ticade-In ACCot,rutce on 1947 Ammii.ca}t LaF)tcutce }J 0,49.00 /i 569.00 71,441.00 1,000.00 72,946.00 2,pnn_00 73,191.40 1,000.00 As ih %ttd%ccu'.er( by .the h%ntite6 Are/t.ccut LaF:Lance Co. subratterf , The At:;en%can LaFnance paoposclJ rlee-h ot exceeds aCC )Lecu Ae)ncIlth set jo&t!t %tt .the 5pec%f..c(LtiOj1s. In 1971, $62,000.40 %n .tevenaa sttcttbig ,itutds vias set aside ,ick .the PuAchahc of a net) ptu,7peA .%rt 1976. Ptt/t,%tt9 .the yectu .t4at 60UOIttec( %n<Qntion .took itS ro.QC. The price of pcunpen n)etLt tip. As a AC&cet we S%ttd otutseCves 13,549.00 sltait oS tions bid btt ,4rivt.actut LaF Rance. 1'ecP%ng .i.tt Pri_ty( that We o1i,L'C have to code ttp Pk,th tut ar.rQ;tiotzaQ tF,549.09, I hecommettr( AnmZcan Lc,FAance be at4a)Lded rhe co}Lttrcct, oil the bribes o,5 ro(,) b.i.c( and best bid. RegtiAdillg .ttte utade-%tt 04 rhe 1947 Amet%can LaFhance, T .tecot:tmend ago-Eft5r tAac1inq Zt in. Anuv_can LaF.Ymtce o jvte,( $565.00. T ars cOtt�ijideat we'.0 Have no p1tObQe1'i e%cec•r;Ig jr, a1n0 U}Lt % we of it O')h:S e�VCS. *city of Iowa Cite MEMORANDUM DATE: September 15, 1976 TO: City Council FROM: City Manager RE: Fire Pumper Bids Enclosed is a memorandum from the Fire Chief providing a summary of bids received for the new pumper which is budgeted under capital outlay in the current operating budget. It is proposed that, in accordance with Chief Keating's recommendation, the award be made to American LaFrance with the understanding that an appropriate budget adjustment will have to be made later in the year to accommodate the additional cost in the amount of $8,549. As Revenue Sharing monies were originally allocated for this pumper, it appears that an additional allocation from that source would be appropriate. cc: Finance Department Fire Chief /603 0 City of Iowa City DATE: September 13, 1976 TO: 1.fA. Wilt RCIcUn, C.i.tr/ ManageR FROM: Robert P. Keating, Fine Chie6 r RE: Kt,16 6oh new 125^ G.P.1f. PumpeA Neat, on Augu6.t 31, 1976 we opened b.id6 6oA a nett/ 1?50 G. P.1f. Pumpeh. FouR companies 6ubm.i tted b.id6. They aAe a6 Jottows: Ame/Lican LaFAance $10,549.00 TRacte-In AtUoannee on 19.17 AmeA.ican LaFAance 563.00 M.F.C. 71,n41.n0 TAade-In Aftot->tznee on 1947 Ametican LaFAance 1,000.00 SeagAave 72,946.00 TAade-In Aetovxtnce on 1947 AmeA,iean LaFAance 2,000.00 FiAc TAttc.0 Inc. 73,191.00 TAnde-In Wooivue on 1947 Amelr,ican LaFAance 1,000.00 A6 .i.6 .indicated by .the 6j.qwtez AmeA,ican LaFRance Co. 6ubmitted tow bid. The Aiie Li can LaFAance p40p06at meets oR exceed6 ate RequiAement6 bet 6oA,th in .the 6peei.6.ieat.ion6. In 1971, $62,000.00 .in Revenue bhaA,inq 6und6 (,W bet a6.ide 6oR .the puteha6e o6 a new pumpe/L .in 1976. Duninq the yeau that 6oteowed i.nitation .took it6 tote. The p4iee o6 pumpeA6 went up. A6 a ltebutt toe Kind otuueCve,6 $8,549.00 eho&t o6 tort/ bid by AmeA,ican LaFAance. Y.eeptng in mind that we wiee have to come up with an addi ti.onat $9,549.00, I Aeeommend AmeAi.can LaFAance be atvAded the contract, on the ba6e6 o6 tow bid and befit bid. Regarding the tAade-in 06 .the 1947 Amen,i.can LaFRance, I Recommend agaiut tnarWtg .it .in. Amehi.ean LaFAance o66en.ed $568.00. T an con6.i.dent we're have no pAvbtem exceeding th,i,6 amount .i6 we di,s pos e o 6 it ou&6 eeve6 . DATE: September 15, 1976 70: City Council FROM: City Dtanager RE: Fire Pumper Bids Enclosed is a memorandum from the Fire Chief providing a summary of bids received Eor the new pumper which is budgeted under capital outlay in the current operating budget. It is proposed that, in accordance with Chief Keating's recommendation, the award be made to American LaFrance with the understanding that an appropriate budget adjustment will have to be made later in the year to accommodate the additional cost in the amount of $8,549. As Revenue Sharing monies were originally allocated for this pumper, it appears that an additional allocation from that source would be appropriate. cc: Finance Department Fire Chief 1603 RESOLUTION NO. 76-345 RESOLUTION APPROVING LARGE SCALE NON-RESIDENTIAL DEVELOPMENT, KEN'S WHEREAS, the owner, Sherkin, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at a brass pin set in the concrete pavement of U.S. Highway 218, which point is the East Quarter Corner of Section 16, Township 79 North, Range 6 West of the 5th P.M. and assuming the centerline of Highway 218 South from this point to have a bearing of South; thence South 880 44' West 369.80 feet to an iron pipe on the centerline of Orchard Avenue; thence South 890 20' West 32.50 feet; thence South 00 05' West 274.15 feet; thence Southerly 182.37 feet along a 255.44 foot radius curve concave to the West to the place of beginning; thence continuing along said 255.44 foot radius curve, 12.83 feet; thence South 430 52' West 136.41 feet; thence South 390 37' 57" West, 134.97 feet to a point 75.00 feet normally distant from station 1176 + 25.26 on Highway No. 1; thence South 840 53' 32" West 270.75 feet to a point 54.82 feet normally distant from station 1173 + 55.26 on Highway No. 1; thence North 890 30' 45" West to a point 62.90 feet normally distant from station 1170 + 04.81 on Highway No. 1; thence North 20 24' 00" West, 221.17 feet on the East line of Bailey and Beck's Subdivision in Iowa City, Iowa; thence North 890 10' 00" East, 818.83 feet on the south line of Wise Addition an Addition to Iowa City, Iowa, to the point of beginning. Said tract of land containing 3.63 acres. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Community Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved, subject to the following: /Goy 0 -2- Resolution #76-345 1 . That a waiver for sidewalk construction be granted pursuant to an agree- ment with the property owner to waive the amount of any sidewalk construction on Orchard Street if such construction is required at such time by the City. VIHEREAS, said large scale non-residential development is found to conform with 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: 1 . That the said plat is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non- residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. Passed and approved this 21st day of September, 1976. It was moved by Balmer and seconded by _ Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Foster that the x Selzer x Balmer x Foster x V evera x DeProsse x Neuhauser x Ferret 11 -VI ILI 7 JA r I ILL I L, PQ Mayo EC8 ED & APFP.GVZD ATTEST: City Clerk ✓� X� J BY? THE LEGAL DClerk1 „-7� ARTMENT l STAFF REPORT Planning F, Zoning Commission September 16, 1976 SUBJECT: S-7629. Preliminary and Final Large Scale Non -Residential Development plan of "Kens", located north of Highway 1 and west of Orchard Street; date filed: 8/30/76; 45 -day limitation: 10/14/76. STAFF The 3.63 acre premises owned by ANALYSIS: Sherkin Inc., a nominee corporation, and Shirley A. Ranshaw, is presently ieby ccu Ken's Farm and Auto Supply store andoWestern World sThesettwloubuildings were constructed previously under separate ownerships, Ken's Distributing COmpanY and Kenneth li. Ranshaw and Shirley A. Ranshaw. For financial reasons the property has now been placed in single ownership. The owner is desirous of securing it building permit to construct a building in between the existing two buildings, but because the subject tract is greater than two acres in area, and now under single ownership, an LSNRD plan of the tract meeting the requirements of Chapter 9.52 of the Municipal Code must be approved by the City previous to the issuance of a building permit. The planning and engineering divisions have reviewed the combined preliminary and final LSNRD plan submitted noting several additions and changes which should be incorporated in the plan or supportive documents as follows: 1. Parking facilities to include parking spaces, driveways, aisles, access points, curbs, traffic circulation patterns (one-way or two-way) and the capacity of the parking area should be illus- trated on the plan and completely dimensioned. 2. Since special requirements may be imposed by the City with respect to curbs it is suggested that raised medians be provided at the ends of parking islands and that curbs be provided along driveways to facilitate traffic movement and avoid problems encountered as in the Mall shopping center. Stich requirements have been imposed in LSNRD Plans such as Plamore Lanes. 3. Landscaping the premises is not a requirement of the LSNRD ordinance. However, the proposed methods of buffering the development area to adjacent land uses is a specific require- ment. An application had previously been submitted to the Board of Adjustment for a variance in the rear yard set back for buildings constructed on the tract. At that time, adjacent property owners had submitted a petition in support of a variance 1604 . if the rear yard was retained as a green strip but indicated they were not in favor of a planting screen along; their property lines common to the boundary of the tract. Arguably, the 736 foot long building would be an effective barrier to any commercial activity. It is recommended, however, that the tract be screened along the north boundary line beyond the extremities of the building. Land adjacent to the tract on the east and west and across the street to the south is presently zoned for commercial development. 4. A sidewalk agreement for construction of sidewalks along Orchard Street and Highway 1 should be submitted. S. An intended development time schedule should be submitted. STAFF It is the Staff's recommendation RfCODN1I:NDAT10\: that consideration of the subject plan be deferred pending the revision Of the plan to incorporate the above items. h �\ 4 . \�+ -l} II C2 RIA 11 SII_ I .II}1 L I _ I ._ •�{1 Y:ca.-a.. ,`: r �y R:5€ o-1 TJ�1� �• _ J � REQUEST A. � — AREA cx O jj� 2 �- VP (M , -- •p •a•w-a.yy��yL � ..unvm� .._ - r I r ♦ • if iYJ_••s ti��eFr. 1 V (C 2) "> o zoo 4 290 FILE NUMBER: NORTH GRAPHIC SCALE : 1"= 660'-R I ! P (M cH `Ali \ i 0 AGREEMENT THIS AGREEMENT is made by and between SHERKIN INC. and KENNETH E. RANSHAW AND SHIRLEY A. RANSHAW, husband and wife, the owners and developers, party of the first part, and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter called the party of the second part. WITNESSETH: In consideration of the party of the second part approving the large scale non-residential development known as Ken's and located northwest of the intersection of Orchard Street and Highway 1 West, the party of the first part agrees that if the party of the second party should at some time in the future determine that sidewalks should be constructed on the west side of Orchard Street abutting the property of this development, the party of the first part shall waive their rights under Chapter 384, Code of Iowa, 1974, as to the amount of assessment for the sidewalks. The cost of such improvements shall need not meet the requirements of notice, benefit or value, as provided by laws of the State of Iowa for assessing such improvements. The party of the second part does agree that it will give the party of the first part an opportunity to install said sidewalks according to City specifications prior to the time that the party of the second part would install and construct such improvements. The party of the second part further agrees that in the event such sidewalks are determined to be needed, it will, when such improvements have been installed 0 -a- 0 to the satisfaction of the City, immediately file in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release so that this Agreement will not constitute a cloud upon the title of said development. CITY OF IOWA CITY, IOWA By —' ° v C ptel!IPIII.\Pe Mayor ATTEST: City Clerk (Seal) STATE OF IOWA SS. JOHNSON COUNTY SHERKIN INC. By W President F/A=�IQMGZ!Ilrq � =-IdE (No Seal) i Kenneth E. Ranshaw r� SHIRLEY A ANSHAW On this day of September, 1976, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Abbie Stolfus, 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; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council; and that the said Mary C. Neuhauser and Abbie Stolfus 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. WITNESS my hand and Notarial Seal the day, month and year last above written. Notary Public in and for the State of Iowa -3- STATE OF IOWA SS. JOHNSON COUNTY On this c T'Iday of September, 1976, before me a Notary Public in and for the State of Iowa, personally appeared William F. Sueppel, of whom to me is personally known, and of whom by me severally swore on oath for himself did say that the said William F. Sueppel is President and Secretary of the said Sherkin Inc., that no seal has been procured by the said Corporation and that said Instrument was signed on behalf of the said Corporation by authority of Its Board of Directors, and the said William F. Sueppel did severally acknowledge said Instrument to be the voluntary act and deed of the Corporation. WITNESS my hand and Notarial Seal the day, month and year last above written. Nofarlry Public in and to/ the State of Iowa STATE OF IOWA SS. JOHNSON COUNTY On this - day of September, 1976, before me a Notary Public in and for the State of Iowa, personally appeared Kenneth E. Ranshavv and Shirley A. Ranshaw, to me personally known to be the persons who executed the above and foregoing Agreement and acknowledged the execution of the same to be their own voluntary act and deed. WITNESS my hand and Notarial Seal the day, month and year last above written. Notary Public in and for the State of Iowa