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HomeMy WebLinkAbout1997-01-14 ResolutionPrepared by: Naomi Novick, Mayor, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 97-2 RESOLUTION SUPPORTING THE REVERSAL OF 'STATE PREEMPTION OF LOCAL TOBACCO-RELATED ORDINANCES. WHEREAS, tobacco-related diseases are the number one preventable cause of death in this country, killing 6ver 4,800 Iowans every year -- more than AIDS, accidents, pneumonia, suicide, and diabetes combined; and WHEREAS, the economic cost of tobacco-related death and disease in Iowa due to health care expenses, lost income and lost productivity io over ~300 million per year; and WHEREAS, nonsmokers exposed to cigarette smoke in the workplace are 34% more likely to develop lung cancer and 30% more likely to develop heart disease; and WHEREAS, secondhand smoke increases the number and severity of asthma attacks and lower respiratory tract infections in children, resulting in 1 5,000 hospitalizations of children nationwide each year; and WHEREAS, at least 70% of nicotine addictions begin in childhood or adolescence and that nationwide, over 3,000 children begin smoking every day; and WHEREAS, over one billion packs of cigarettes, as well as other tobacco products, are illegally sold to children in this country every year; and WHEREAS, a recent health foundation poll indicates that most Americans of both major political parties want more, not less government action when it comes to protecting children from. tobacco; and WHEREAS, many cities and towns nationwide have greatly reduced the incidence of nicotine addiction among the young people in their communities by enacting and enforcing local ordinances and that local action often results in heightened public awareness and commit- ment; and WHEREAS, a report released in December 1994 by a national working group of 25 state attorneys general stated that it is imperative that state laws not preempt local ordinances but rather set a "floor" of minimum requirements, while allowing for local ordinances that create a higher level of protection; and WHEREAS, the American Public Health Association, The American Medical Association, the American Cancer Society, the American Heart Association, the American Lung Association, the Institute of Medicine and many other organizations dedicated to public health have declared that it is absolutely critical that cities and towns have the power to enact and enforce local tobacco-related ordinances as they believe necessary. Resolution No. 97-2 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa Legislature should enact legislation to reverse the preemption language in the Iowa Code, thereby returning the rights to communities to enact and enforce tobacco-related ordinances if they choose to do so under Home Rule. Passed and approved this 14th day of 0anuar.y , 1996. MAYOR Approved by It was moved by Vanden'hoer and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef mgr\cigaret.res Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-3 RESOLUTION OF INTENT TO CONVEY A FIFTY-FOOT WIDE, VACATED PORTION OF LEE STREET RIGHT-OF-WAY LOCATED SOUTH OF RIVER STREET AND NORTH OF OTTO STREET AND IMMEDIATELY ADJACENT TO 833 RIVER STREET TO JOEL AND SANDRA BARKAN, AND SETTING A PUBLIC HEARING FOR JANUARY 28, 1997 WHEREAS, the City Council has considered and passed an ordinance vacating a fifty-foot wide portion of the unimproved Lee Street right-of-way located south of River Street and North of Otto St[eet; and WHEREAS, Joel and Sandra Barkan own the property adjacent to the right-of-way; and WHEREAS, Mr. and Mrs. Barkan have offered to purchase the vacated right-of-way for the sum total of $3000.00, which takes into consideration the fact that the entire property is encumbered by a no-build, blanket utility easement; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey its interest in the fifty-foot wide portion of the unimproved Lee Street right-of-way located south of River Street and North of Otto Street to Joel and Sandra Barkan for the sum of t~3000.00, subject to the City reserving and retaining a blanket utility easement along the entire portion of the subject property for installation, maintenance and operation of public utilities. A public hearing on said proposal should be and is hereby set for January 28, 1997, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 14th ATTEST: CI~ day of MAYOR January , 1997. ~ttorney~.. Resolution No. 97-3 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef JOEL D. BARKAN 833 RIVER STREET IOWA CITY, IA 52240 PHONE: 319-337-3062, FAX: 319-339-4512 joel-barkan@uiowa.edu '"" ....~',;E'f',S OFFICE December 2, 1996 Ms. Sarah Holecek City Attorney's Office City Center Iowa City, IA 52240 Dear Ms. Holecek This is a follow-up to the various conversations we have had regarding the sale of the vacated city right-of-way to the west of our home at 833 River Street. Upon consulting with specialists on real estate, and Mid-American Power and Light (which will automatically acquire a blanket easement over the entire 50 foot wide right-of-way should the land be sold to a private party), my wife and I have decided to affirm the amended offer for the vacated land as stated in my memo of July 22, 1996 to Bob Miklo and Jan Yap, of the City Planning Department. The offer made in that memo (which you should have in the file) was for $3,000. As noted in the memo, the blanket easement precludes us or any successor owner from any construction on the area of the easement, including any extension of our present home. Perhaps most disappointing, Mid-American Power will make no commitments regarding the restoration of any landscaping should they need to install a gas line or otherwise reconfigure the electric power lines. In other words, and as I stated in my memo of July 22rid, we will gain nothing over our present usage of the right-of-way, other than the security of ownership. Indeed, as I have suggested on several occasions, I am not sure why we filed for a vacation in the first place, other than the City Planning Department suggested that we consider this option in order to construct an entryway to our home a year ago. Notwithstanding our ambivalence, we would now like to move to closure on the matter as soon as feasible. Would you therefore begin the procedures required for the City~.o sell the right-of-way to my wife (Sandra Barkan) and I. Sir~cerel~,, Jo! D. Barkan Prepared by: Denny Gannon, Asst. City Engineer, z~10 E. Washington St., Iowa City, IA 522z~0 (319)356-5142 RESOLUTION NO. 97-4 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT NO. STP-U~3715(7)--70- 52], DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 28th day of January, 1997, at 7 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 14th day of Janua~'y ,1997. ATTEST: CITY ~CLERK MAYOR Approved by City Attorney's Office pwang\melrose3.res Resolution No. 97-4 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X ,,X X X. X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 97-5 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Airliner - 22 S. Clinton Street It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Thornberry that the Resolution AYES: NAYS: ABSENT: X X X X X X Passed and approved this 14th day of January Baker Kubby Lehman Norton Novick Thornberry Vanderhoef , 1997 CITY CLERK Approved by i~ty ~ttorney's Office \danceprm.res Prepared by: Charles Schmadeke, Public Works Director, 410 E, Washington St,, Iowa City, IA §22z~0; 319-356-5 RESOLUTION NO. 97-6 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of Silurian Wells No. 3 and No. 4 in connection with the Water Supply and Treatment Facilities Project, as included in a contract between the City of Iowa City and Layne-Western, Inc. of North Liberty, Iowa, dated March 8, 1996 be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 14th day of January ,1997. MAYOR City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: pweng\jordanaq.res X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY December 31, 1996 Honorable Mayor and City Council Iowa City, Iowa Re: Silurian Wells No. 3 and No. 4 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of Silurian Wells No. 3 and No. 4 in connection with the Water Supply and Treatment Facilities Project has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The final contract price is $107,865.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Director of Public Works 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 2 iwner agrees to maintain the wheelchair-accessible ramp r lair so as to minimize danger. good and reasonable o In event the said wheelchair-accessible ramp is e agrees to replace it, subject to the approval of replaced for any reason, Public Works Department. Owner liability ,atsoever arising in regard to the repair of id wheelchair-accessible ramp, incur as a ;ult of its decision to allow placeme on the Street right-of-way, Owner ' insurance, in inimum amounts of $500,000- liability covera policy, or a ce~ to maintain from City terminate the rees to indemnify, defend and hold the in connection with any maintenance, use, location, or ~g any liability which the City may of said wheelchair-accessible ramp uired and agrees to carry liability ,000,000~~ 250,000 with contractual e included as part of such ir urance, and shall furnish a copy of the ticate of insurance for satisfactory to the City. Owner agrees insurance in force until wheelchair-accessible ramp is removed and failure to mainta such insurance in force shall automatically of permission cont~ herein. The parties agree that the City may require reasor comparable covera maintained, the City following five (5) days removal shall be 364.12(e), Code of ~ble increases in protection in ~all have the ior written d agains amount of coverage in order to provide future. If the required insurance is not Iht to remove the wheelchair-accessible ramp to the owners of the property. Cost of such property in the manner provided in Section Owner acknowledges and permission; that the City is n. of-way for private purposes; ramp removed at any time property upon which the and/or should be cleared s that no property right is conferred by this grant of mpowered to grant a permanent use of its street right- ~d that the City may order said wheelchair-accessible ,r any reason, the City Council determines that the ir-accessible ramp is located is needed for public use all obstructions. This Agreement shall co a mant running with the land, and shall be binding upon and shall inure to benefit of e respective heirs, successors in interest, and assigns of both partie.~, except as set rth in Paragraph 2 above. Dated this day of , 1997. CITY OF IOWA CITY Naomi J. Novick, Mayor / ,, / ATTEST: Cl~k City Ap City Attorney's Office Gary F Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-§140 RESOLUTION NO. 97-7 CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREE- MENT FOR USE OF PUBLIC PROPERTY AT 521 SOUTH GILBERT STREET FOR THE PLACEMENT OF A WHEELCHAIR-ACCESSIBLE RAMP ON THE GILBERT STREET RIGHT-OF-WAY. WHEREAS, Gary Fitzpatrick is the fee owner of certain real estate located at 521 South Gilbert Street, Iowa City, Iowa, hereafter "Owner," and legally described as Lot 6, Block 5, Lyon's First Addition, Iowa City, Iowa; and WHEREAS, Owner operates a restaurant/bar, Fitzpatrick's, on the above-described property and the restaurant is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owner seeks City approval to construct a wheelchair-accessible ramp on the Gilbert Street right-of-way; and WHEREAS, the Department of Public Works finds the construction of the wheelchair- accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow the temporary use of the Gilbert Street right-of-way as a valid public purpose in order that the public accommodation at 521 South Gilbert Street may be made accessible to persons with disabilities, subject to the terms and conditions stated in the attached Agreement for Temporary Use of Public Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated herein is approved as to form and content. The Mayor is authorized to execute and the City Clerk to attest, said Agreement for Temporary Use of Public Right-of-Way for and on behalf of the City of Iowa City. Passed and approved this 14th day of Januar~v · 1 997. ATTEST: /~,~ 2 CITY CLERK pweng\fitzpatr. res MAYOR City Attorney's Office Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5140 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between Gary Fitzpatrick, hereinafter referred to as "Owner," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate located at 521 South Gilbert Street, Iowa City, Iowa~ and legally described as Lot 6, Block 5, Lyon's First Addition, Iowa City, Iowa; and WHEREAS, Owner operates a restaurant/bar, Fitzpatrick's, on the above-described property and the restaurant/bar is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owner seeks City approval to construct a wheelchair-accessible ramp on the Gilbert Street right-of-way; and WHEREAS, the Department of Public Works finds the construction of the wheelchair- accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially impeded; and WHEREAS, the City agrees to allow the temporary use of the Gilbert Street right-of-way as a valid public purpose in order that the public accommodation at 521 South Gilbert Street may be made accessible to persons with disabilities, subject to the terms and conditions stated herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Owner shall be allowed to install, operate, and maintain a wheelchair-accessible ramp on City property abutting 521 South Gilbert Street as shown on the attached sketch marked Attachment A and approved by the City Engineering Division. o Owner agrees to remove the wheelchair-accessible ramp from the Gilbert Street right- of-way when any one of the following events occurs: a. Within 30 days after being ordered to do so by the City. The use of the property changes and the wheelchair-accessible ramp is no longer needed. If Owner fails to remove the wheelchair-accessible ramp as required above, the City may remove it and the cost thereof shall be assessed against the property in the manner provided in Section 364.12(e), Iowa Code (1995). 2 Owner agrees to maintain the wheelchair-accessible ramp in good and reasonable repair so as to minimize danger. In the event the said wheelchair-accessible ramp is ever replaced for any reason, Owner agrees to replace it, subject to the approval of the Public Works Department. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, or repair of said wheelchair-accessible ramp, including any liability which the City may incur as a result of its decision to allow placement of said wheelchair-accessible ramp on the Gilbert Street right-of-way. Owner is required and agrees to carry comprehen- sive general liability insurance, in minimum amounts of 9500,000 per occurrence/ 91,000,O00 general aggregate for bodily injury and 9250,000 property damage with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy, or a certificate of insurance for same, satisfactory to the City. Owner agrees to maintain such insurance in force until the wheelchair-accessible ramp is removed from City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the wheelchair-accessible ramp following five (5) days prior written notice to the owners of the property. Cost of such removal shall be assessed against the property in the manner provided in Section 364.12(e), Code of Iowa (1995). Owner acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right- of-way for private purposes; and that the City may order said wheelchair-accessible ramp removed at any time if, for any reason, the City Council determines that the property upon which the wheelchair-accessible ramp is located is needed for public use and/or should be cleared of any and all obstructions. Dated This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties, except as set forth in Paragraph 2 above. this /z~ ~ day of --~r~c¢-~ , 1997. CITY OF IOWA CITY Naomi J. I~vic(l~, Mayor City'Cled~" App ved ,~: , gity Attorney's Office 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /,-/?/~ day of -~..~.~ , 19 ~ ? , before me, , a Not~ry Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to' me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in {Ordinance) (Resolution) No. ~/-- '7 passed by the City Council, on the /.~.,z£ day of 3'-~r~,-~,~.~. , 19 97 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis I~)~ dayof ~vv~w~z-- ,19 ~?, before me, the undersigned, aNotary Public in and for the StYlie of love, personally appeared Gary Fitzpatrick, to me personally known. Being duly sworn, they did state that he is the same person and referred to in the instrument above; and that the instrument was signed as his voluntary act and deed, and by him voluntarily executed. · Susan Rangus My Coramission_ Expires pweng\fitzpatr.agt ,00C\96iOFTTZ\B~/G\96iO^:~OX P]oLted: Fri Dec 20 17: 3:1:59 1996 ]OL Label: TO~ I I :±.:]Z I I [ I r' "]" "]'" "]' [~::]::: T i"~ .... E'"r'"r "r' I I" 'T' "]" "]" 1;::~::: =. ::::: :."'.:.~::::~:::: I i:.'~..f..]..T.]. I I , J ] J J I ~ ' ~[ -[ : -F' -F'-[" -'[" -F' "T-~ 'T" 'Y'"'Y-T'"'I .... ~*" i' "]'" i' "]'" 'T' "1 .... 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Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 97-8 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR W,B, DEVELOPMENT, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for W.B. Development, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for W.B. Development, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 14th day of ~]anua~'y , 1997. MAYOR Approved by Ci~torney's "~f c~/~7 pweng\wbdevlop.res Resolution No. 97-8 Page ? It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Tho~'nbe~'~'~v the Resolution be AYES: NAYS: ABSENT: X X X X X, X, X Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY January 14, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: W.B. Development Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for W.B. Development have been completed in substantial accordance with the plans and specifications of the. Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St,, Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 97-9 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XIV, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Village Green - Part XIV, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Village Green - Part XIV, as constructed by Streb Construc- tion Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 14th day of CITY-CLERK January , 1997. Approved by ,..'/Cit~torne~'~ 0 f~~, pweng\villgrn7.res Resolution No, 97-9 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY January 14, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Village Green - Part XIV Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Village Green - Part XlV have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET e IOWA CITY, IOWA $2240-1826 · (319) 356-$000 · FAX (319) 356-$009 Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 97-10 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR KENNEDY'S WATERFRONT ADDITION - PART 3, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Kennedy's Waterfront Addition - Part 3, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Kennedy's Waterfront Addition - Part 3, as constructed by Metro Pavers, Inc; of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 14th day of ~lanuar~v , 1 997. CITY-CLERK pweng\kennedy3.res MAYOR Resolution No. 97-10 Page ;) It was moved by Vanden'hoer and seconded by adopted, and upon roll call there were: Tho~'nbe~-~'.y the Resolution be AYES: NAYS: ABSENT: ,X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 FV d CITY January 14, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Kennedy's Waterfront Addition - Part 3 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Kennedy's Waterfront Addition - Part 3 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richar~ A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-~009 Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240; 319-356-504z~ RESOLUTION NO. 97-11 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR (;ENTER MASONRY RESTORATION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Senior Center Masonry Restoration Project, as included in a contract between the City of Iowa City. and Northwest Waterproofing and Restoration Co. of Rock Island, IL, dated August 15, 1995, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RE!SOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this _14th day of January , 1997. ATTEST: CI~ CLERK Approved by City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call tlhere were: Thornberry the Resolution be pweng\srctrest,res AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY January 3, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Iowa City Senior Center Masonry Restoration Project Dear Honorable Mayor and Councilpersons: I hereby certify that the work conducted by Northwest Waterproofing & Restoration Co. of Rock Island, Illinois for the exterior restoration of the Senior Center was completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company; consulting engineers of Cedar Rapids, Iowa. The final contract price is $44,017. I recommend that the above-referenced improvements be accepted by the City of Iowa City. SincereIv, -- R' . ,P.E. City Engineer 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240-1826 · (319) 356-5000 u FAX (319) 356-5009 Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5143 RESOLUTION NO. 97-12 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE PRIMARY ROADS SYSTEM PROJECT NO. NHS-6-7(41)--19-52. WHEREAS, the Engineering Division has recommended that the work for the reconstruction and improvements to Highway 6, from Rocky Shore Drive to 1st Avenue in Coralville, Iowa, as included in a contract between the Iowa Department of Transportation and Peterson Contractors, Inc.' of Reinback, Iowa and L. L. Pelling Co., Inc. of North Liberty, Iowa, dated May 25, 1994 be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the project has been accepted by the City Council of Coralville, Iowa on November 26, 1996 by Resolution No. 96-238. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 14th day of 0anuar.y ,1 997. Ap/~proved by City Attorney's Office MAYOR It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X pweng\roads.res Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY January 6, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Primary Roads System Project No. NHS-6-7(41)--19-52 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Primary Roads System Project No. NHS-6-7(41)--19-52 (Highway 6 Improvements, Rocky Shore Drive to 1st Avenue in Coralville, IA) has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The final contract price is $2,448,920.77 and the City of Iowa City's share is $120,400. I recommend that the above-referenced improvernents be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 97-13 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR DEAN OAKES FIFTH ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been substantially completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Dean Oakes, Fifth Addition as constructed by Barkers, Inc. of Iowa City, Iowa. Paving improvements for Dean Oakes Fifth Addition, as constructed by Metro Pavers, Inc. of I9wa City, Iowa. WHEREAS, an escrow has been deposited with the City to ensure total and timely completion of the improvements; and WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, subject to the terms and conditions outlined in a Limited Release/Escrow Agreement between the Developer and the City, and all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 14th day of Januar~v , 1'997. pweng\oakes-5.res ed ' Resolution No. Page 2 97-13 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Th0rnberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY January 3, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Dean Oakes Fifth Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Dean Oakes Fifth Addition have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Barkers, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. All major improvements have been installed although all items on the punch list for this subdivision cannot be completed until spring due to the weather. Because the ability to finance a completed home in the subdivision is dependent upon the acceptance of the improvements, it is therefore in the public interest to accept the improvements. The City will be covered by a Limited Release/Escrow Agreement for Acceptance of Public Improvements which is being presented to council by the City Attorney's Office. I recommend that the above-referenced improvements be accepted by the City of Iowa City with the provision of approval of the Limited Release/Escrow Agreement. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-14 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A LOW INTEREST PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 3023 STANFORD AVENUE, IOWA CITY, IOWA WHEREAS, on November 14, 1991 the property owners of 3023 Stanford Avenue executed a Promissory Note for a low interest loan in the amount of $3,500 through the City's Housing Rehabilitation Program; and WHEREAS, said document created a lien against the property; and WHEREAS, the balance of the note was paid off on January 3, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 3023 Stanford Avenue, Iowa City, Iowa from an obligation of the property owners to pay to the City the $3,500 which was recorded in Book 1300 Page 5 of the Johnson County Recorder's Office. Passed and approved this 14th day of Oanuar'.,v , 1997. A roved~ ATTEST: CITY~ERK ~ ,,~'~ ~'~ .~~_. /- 4,- I¢ ~ City Attorney's Office It was moved by Vanden'hoer adopted, and upon roll call there were: MAYOR and seconded by Thornberry the Resolution be AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef ppdcdbg\rehab~3023stan.res Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 3023 Stanford Avenue, Iowa City, Iowa, and legally described as follows: Lot Fifty-six (56) in Oakwoods Addition, Part one, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 16, plat records of Johnson County, Iowa, from an obligation of the property owners, James and Melanie Roth, to the City of Iowa City in the principal amount of $3,500 represented by low interest Promissory Note recorded on November 22, 1991 in Book 1300, Page 5 of the Johnson County Recorder's Office. This obligation has been satisfied and tl~e property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. '~.c~,.~.~ City Attorney's Office ATTEST:ciTY~LERK ~' ~ /" ~-,¢'~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ ~ day of , ~-"'-~. ~,..,:/ , A.D. 19 ~7 , before me, the under- signed, a Notary Public in and for said'County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ?%/¢, adopted by the City Council on the [~ +A_ day ~ -'~-~..~....I , 19 ~ ? and that the said Naomi J. Novick and Marian K. Karr as such officers~cknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 97-15 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS IN DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA WHEREAS, Pursuant to City Code, the final plat, and the original Subdivider's Agreement for Dean Oakes Fifth Addition, the Developer is obligated to construct certain public improvements within the development; and WHEREAS, the City does not ordinarily accept public improvements and release a development from the construction requirements relating to public improvements until the City Engineer certifies that all such improvements are completed in their totality to city specifications; and WHEREAS, the City Engineer has. certified that said public improvements are substantially completed, but that total completion will not be possible until spring; and WHEREAS, in the interim, a lien remains on Dean Oakes Fifth Addition with a cloud on the titles to all the lots in the development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Limited Release/Escrow Agreement would remove the cloud on the titles to the lots in Dean Oakes Fifth Addition, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Limited Release/Escrow Agreement for Dean Oakes Fifth Addition in order to protect local property values. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Limited Release/Escrow Agreement, a copy of which is attached hereto. The City Clerk is further directed to record this agreement in the Johnson County Recorder's Office at Developer's expense. Resolution No. Page 2 97-15 Upon certification from the City Engineer that construction of the public improvements is satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Vanderhoef and seconded by be adopted, and upon roll call there were: Thornberry AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Passed and approved this 14th day of January , 1997. the Resolution sarahh\landuse\oks5imp.res ATTEST: CI~~ERK :~' Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 LIM!TED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is made by and between Oakes Construction Company, hereinafter referred to as "Developer," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, pursuant to Title 14, Chapter 7, "Land Subdivisions", of the Iowa City City Code, Developer has submitted and obtained approval for a final subdivision plat on the development known as Dean Oakes Fifth Addition, Iowa City, Iowa, hereinafter referred to as "Development"; and WHEREAS, the final plat of the Development which has been approved by the City c'ontains certain public improvements which have yet to be completed by Developer; and WHEREAS, pursuant to the original Subdivider's Agreement between Developer and City, as well as the City Code, all required public improvements remain a lien against all property within the Development until such time as the City accepts and releases said improvements; and WHEREAS, while the required public improvements for this Development have been substantially completed, final release of the lien created by the obligation to construct the same is not yet appropriate. For this reason, the obligation to construct the public improvements as required under the original Subdivider's Agreement constitutes a lien and cloud on the property in the Development; and WHEREAS, in consideration of the City's acceptance of said improvements and the release of its lien on the property within the Development, and in order to facilitate and ensure the satisfactory completion of the public improvements at issue herein, the Parties agree that the public improvements lien on the property in the Development shall be transferred to and shall immediately attach to all escrows currently on deposit with the City of Iowa City for this Development, such escrows currently totalling 93,800.00, and that this lien shall remain attached to these escrows until such time as, in the opinion of the City Engineer, the public improvements have been completed and erosion and sedimentation are controlled.. At such time, the City will issue a final release to the Developer for recordation. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Developer acknowledges that, pursuant to Title 14, Chapter 7, "Land Subdivisions", of the Iowa City City Code, Developer has submitted and obtained approval for a final subdivision plat on the development known as Dean Oakes Fifth Addition, Iowa City, Iowa and the final plat which has been approved by the City contains certain public improvements which have yet to be completed by Developer. Further, Developer acknowledges that under the original Subdivider's Agreement between Developer and City, as well as the City Code, all required public improvements remain a lien against all property within the Development until such time as the City accepts and releases said improvements. The Parties hereto acknowledge that while the required public improvements for this Development have been substantially completed, final release of the lien created by the obligation to construct the same is not yet appropriate. However, to facilitate Developer acknowledges that the requirement and retention of an escrow is a reasonable method to ensure completion of the public improvements associated with the City-approved development known as Dean Oakes Fifth Addition, Iowa City, Iowa. Developer and City acknowledge and agree that the completion of the remaining public improvements within Dean Oakes Fifth Addition shall be guaranteed by the deposit of the sum of 8 3,800.00 (hereinafter "improvements escrow") which is currently on deposit with the City of Iowa City, Iowa finance department, which deposit shall not bear interest payable to the Developer. The above referenced improvements shall be made in accordance with the City- approved final plat in accordance with applicable City specifications, and shall be certified by the City Engineer. The above-referenced improvements shall be completed within one hundred eighty (180) days of the execution of this agreement, and the failure of the Developer to timely complete said improvements within the above time period may be considered a default by the City under the terms of this agreement. In the event the Developer defaults in making the above-referenced improvements for which the 93,800.00 improvements escrow has been deposited, or in the event the Developer fails to complete the above-referenced improvements within the one hundred eighty (180) day time period, the City shall have the right, but not the obligation, to use the improvements escrow deposited, together with any interest earned thereon, to complete the improvements through contract or otherwise. This includes the specific right to enter upon the subject property to make the improvements. If the improvements escrow is not sufficient to allow the City to complete the required improvements, the Developer shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the improvements escrow deposited. Should the City use the improvements escrow or a portion thereof the complete the required improvements, any amounts remaining after completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the Developer. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original improvements at issue herein. Further, the remedies outlined in this agreement are non-exclusive, and shall not be construed to restrict, abridge or limit those additional remedies available to the City as provided by law. Dated this The parties acknowledge and agree that this agreement is being entered into in consideration of the City's acceptance and release of the public improvements required to be installed under the final plat of Dean Oakes Fifth Addition, Iowa City, Iowa. This Limited Release/Escrow Agreement shall not be construed as a release of Developer's obligations to complete the public improvements and the site work incident thereto, which obligations shall remain the Developer's responsibility until said improvements have been completed and finally released by the City. Nor shall this Limited Release/Escrow Agreement in any way alter, amend or modify the Subdivider's Agreement recorded in the Johnson County Recorder's Office in Book 1970, Pages 226-230, except as provided in this agreement. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns. /~/~day of January, 1997 Evely~f M. Oakes, Secretary CITY OF IOWA CITY, IOWA ~Jaomi ~_//U~vick, Mayor · Attest: K. ar~Cierl~ Marian STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ~ day of January, 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dean G. Oakes, to me personally known, who being by me duly sworn did say that he is the President of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Dean G. Oakes as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the co_rporation, by it and by him voluntarily executed. Notary Public in and foe the State of Iowa STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this"~-i~day of January, 1997, before ANNE ROVVLEY , .~,~ My Con~mission~xpire¥ me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Evelyn M. Oakes, to me personally known, who being by me duly sworn did say that she is the Secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Evelyn M. Oakes as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the~orj~pra;I;ion, b_w it and by her voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~+&day of January, 1997, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal af'fixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and' by them voluntarily executed. Notary Public in and for the State of Iowa g:\, . legal\sarah\landuse\doSpubim.agr RESOLUTION NO. 97-16 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT HOLDING BASIN EASEMENT AGREEMENT WITH ORAL B. LABORATORIES, A DIVISION OF GILLETTE CANADA, INC., FOR PROPERTY LOCATED WITHIN MALL DRIVE SUBDIVISION AT LOWER MUSCATINE ROAD AND MALL DRIVE. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, Oral B. Laboratories submitted a site plan for expanded development of property located at Lower Muscatine Road and Mall Drive; and WHEREAS, City.staff has approved the site plan for the development area subject to the property owners entering into a Storm Water Management Holding Basin Easement Agreement for the facility originally constructed with the final plat for Mall Drive Subdivision in 1986; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Water Management Holding Basin Easement Agreement with Oral B. Laboratories for the property located at Lower Muscatine Road and Mall Drive. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at Oral B. Laboratory's expense. Passed and approved this ].4th day of Januar~v , 1997. CITY CLERK Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 STORM WATER MANAGEMENT HOLDING BASIN EASEMENT AGREEMENT This Agreement is made by and between Oral B. Laboratories, a Division of Gillette Canada, Inc., a wholly-owned subsidiary of the Gillette Company, a Delaware corporation, (hereinafter "Owner and/or Subdivider"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for purposes of installing, operating and maintaining storm water control facilities and storage areas otherwise known as a Storm Water Management Basin, over and across the area designated as "Stormwater Management Holdihg Basin" and "Stormwater Management Easement Line" (hereinafter "easement area") as shown on the final plat of Mall Drive Subdivision, dated October 25, 1985, and recorded in Plat Book 28, Page 17, on June 28, 1986 in the Office of the Johnson County Recorder, and incorporated herein by reference. The Owner further grants to the City the following rights in Connection with said easements: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said facilities, or may interfere with the exercise of the City's rights hereunder in any manner. 3. A right-of-way with the right of ingress and egress to said easement area by the least circuitous route. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. Owner shall maintain the easement area free from weeds and debris; shall in no event fill or permit the Stormwater Management Holding Basin to be filled in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. After completion of the Storm Water Management Holding Basin, the Owner and its successors and assigns shall thereafter maintain the facilities and easement area in such condition as to facilitate the proper functioning of said facility. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and its conduits free of debris. The City shall have no obligation for maintenance of the Facility or the easement areas. However, the City shall have the right, but not the obligation, to enforce the terms of this agreement and to perform emergency maintenance upon the facility at the Owner's cost without notice. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the odginal construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner, and until acceptance by the City, as provided by law. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this /'--/- ~ day of January, 1997. CITY OF IOWA CITY, IOWA BY: ¢'/~'~.~ ~,, ¢¢7,~ ~aomi~. N6vick, Mayor " ATTEST: ~~ ~. ~ Marian K. Karr, City Clerk ,/ ORAL B. LABORATORIES, A DlVl,~ NAME: Ji~r~r~ WrobJ ~w~ TIT~ ic eside t ch Ops BY: ~ NAME: Ed Blanchard TITLE: Vice President Human Resources STATE OF )ss_: COUNTY On this /('2 day of January, 1997, before me, th__e unde, rs. ign,el:!, a Notary Public in and for the.Stqte of/.W~h/../,~o,~,J/~, personally appeared ~f'~'z~ /.L.)f'OJale. uD$1d.L. and <~ /',._~! O..u._C.~v-~ ,. to me pers..,onally knclwn, who I~ing by me duly sworn did say that they are 'the Sr, V,~~ and Vice..~"r-e.~~, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument .~as signed on, behalf of tile. corp.oration ~ authority of its Board of Directors; and that ~eu.~tL~. and ~ ~o..~~'"~Z as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deere c~rporation, by it and by them 'voluntarily executed. ~:..,,.~.'~ 00mm.#1065712 ~ he State of ' u/~,~_~'_.,~! NOTARY PUBLIC. CALIFORNIA ~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /'~"~day of January, 1997, before me, the undersigned, a Notary Public in~nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 97-17 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF FURROW'S EDGE-PART II, A RESUBDIVISION OF LOTS 1-4., FURROW'S EDGE, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Karl Buchmayer and Leona Buchmayer, John Fuhrmeister and Dianna Fuhrmeister filed with the City Clerk the preliminary and final plat of Furrow's Edge - Part II, a Resubdivision of Lots 1-4, Furrow's Edge, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Lots One (1), Two (2), Three (3), Four (4), of Furrow's Edge, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 40, of the Records of the Johnson County Recorder's Office. Said Parcel of Land contains 14.16 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1 995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City further specifically approves all notes upon said plat, including those notes prohibiting direct vehicular access to Highway 1 by Outlot A and Lot 1, as covenants running to the benefit of the City. The City accepts the dedication of the easements as provided by agreement and law and vacates those streets and easements, specifically Abbey Road and its appurtenant utility easement, as depicted on the final plat of Furrows Edge and as recorded in Plat Book 33, at Page 40, of the Records of the Johnson County Recorder, upon approval of this resubdivision known as Furrows Edge-Part II. Resolution No. 97-17 Page 2 The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 14th day of January ,1997~ It was moved by Lehman and seconded by adopted, and upon roll call there were: Nnrton the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\furrow,res Prepared by: Melody Rockwell, Associate Planner, 410 E, Washington St,, Iowa City, IA RESOLUTION NO. (319) 356-5251 RESOLUTIO FURROW'S COUNTY, APPROVING THE EXTRATERRITORIAL PRELIMINAI II, A RESUBDIVISlON OF LOTS 1-4, FU AND FINAL PLAT OF EDGE, JOHNSON WHEREAS, the Fuhrmeister filed a Resubdivision of rs, Karl Buchmayer and Leona Buchma' the City Clerk the preliminary and f 1-4, Furrow's Edge, Johnson John Fuhrmeister and Dianna plat of Furrow's Edge - Part II, Iowa; and WHEREAS, said County, Iowa, to wit: is located on the follo~ -described real estate in Johnson Lots One (1), Two (2), (3), Four (4), of thereof Recorded in Plat 33, at Page Recorder's Office. Said Parcel Land contai~ easements and restrictions of re~ ,rd. Edge, in accordance with the Plat of the Records of the Johnson County 14.16 Acres, more or less, and is subject to WHEREAS, the Department of Department examined the recommended approval; and Community Development and the Public Works ~ and final plat and subdivision, and WHEREAS, the Planning and Zonin subdivision and recommended that and approved; and examined the preliminary and final plat and )reliminary and final plat and subdivision be accepted WHEREAS, a dedication has be, made t( :he public, and the subdivision has been made with the free consent and in acco~ with ,e desires of the owners and proprietors; and WHEREAS, said preliminar, 354, Code of Iowa (1 final plat all other subdivision are found to conform with Chapter and local requirements. NOW, THEREFORE, BE RESOLVED BY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / 1. eTsh~a ~ ibd p re a?~ ~i~ rsYaan~ed ~ir~a Ih ePl~tb ~/nadp~o,, d. located on the above-described real 2. aTghreeeCiJ~n~taaCnC;l~:~v tahned ds~i~it~aOlr~y ~fettsh;s~trid~epeotr:ioannsdo~t~;r~;c~cSatae~I iParr~,idneadmebl~ streets/, as not being open for public access at~he time of recording for public safety Resolution No. Page 2 3. The Mayor and City Clerk of the City of Iowa City, Io~a,~are hereby authorized and dire ;t"ekd upon approval by the City Attorney, to execu,~ugall legal documents relating to s ~id~ubdivision, and to certify a copy of this reso~dtion, which shall be affixed to the )reli~ nary and final plat after passage and ap,g(oval by law. The City Clerk shall record t egal documents and the plat at th/e/office of the County Recorder of Johnson Iowa at the expense of the ?~vner/subdivider. Passed and a ~ls day of //~ , 1996. It was moved by adopted, and upon roll call and seconded by ~ W6 the Resolution be AYES: ABSENT: ppdadmin\f / / / ,/ .// Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0025. Furrows Edge, Part II GENERAL INFORMATION: Applicant: Property owners: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Fringe Area: Applicable Code requirements: File date: 45-day limitation period: Prepared by: Melody Rockwell Date: November 7, 1996 Todd Gordon 1220 Dubuque Road Iowa City, IA 52245 319/354-5944 Karl and Leona Buchmayer Box 258 Iowa City, IA 52240 319/351-9253 John P. and Dianna Fuhrmeister 3310 Lynden Heights Road NE Iowa City, IA 52240 319/354-7260 Preliminary and final plat approval To resubdivide a four-lot subdivision into a three-lot subdivision and delete Abbey Road, a cul-de-sac, from the plat East of Highway 1 and north of Penny Lane NE 14.16 acres Agricultural; RS-3 North - Agricultural, Single-Family Residential; RS-3, RS East - Agricultural, Single-Family Residential; RS-3, RS South - Single-Family Residential; RS West - Agricultural; AI North of Iowa City in Fringe Area A Fringe Area Agreement/City Rural Design Standards October 9, 1996 November 25, 1996 2 60-day limitation period: December 9, 1996 SPECIAL INFORMATION: Public utilities: Public utilities are not presently available to this area. Private wells and a private water distri- bution system provide water for development in the subdivision, and individual septic sys- tems are used for sewage disposal. Utility easements have been designated along all streets for gas, electricity, telephone, cablevision, sanitary sewers, water mains, and storm water drainage. Public services: Police protection is provided by Johnson Coun- ty with fire protection provided by the Solon Fire Department. Sanitation service will be provided privately. Transportation: The subdivision is accessible from Penny Lane NE. Direct access onto Highway 1 from indi- vidual lots in the subdivision is restricted. Physical characteristics: Rolling hills with a drainageway along the south edge of proposed Lot 1 and a wooded area in the north portion of proposed Lot 3. Sensitive Areas Ordinance: Does not apply in the unincorporated area of Johnson County. BACKGROUND INFORMATION: Todd Gordon, on behalf of property owners Karl and Leona Buchmayer and John P. and Dianna Fuhrmeister, has submitted an application for a resubdivision of Furrows Edge, Lots 1-4. With the preliminary and final plat of Furrows Edge, Part II, the applicant proposes to reduce the number of lots from four to three, and to eliminate the cul-de-sac street, Abbey Road. Lot 1 would be combined with the property to the north, which the applicant owns. No direct access would be permitted from individual lots to Highway 1; Lot 1 is to be incorporated with and have access through the Gordon property to the north [Lot 5, Highland Heights Subdivision], and Lots 2 and 3 will have private drives accessing Penny Lane. ANALYSIS: The preliminary and final plat for Furrows Edge, Part II, generally conforms to the rural urban design standards and the minimum lot size (none are less than three acres in size) requirements for Fringe Area A, as set forth in the recently adopted Fringe Area Agreement. Public Works has reviewed and approved the plat; all plat deficiencies have been resolved. The plat indicates an access easement for Lot 1 from the property to the north, and the legal papers should clearly assure access through the property to the north so there is n__o claim in 3 the future that the lot, as part of the Furrows Edge Subdivision, should have access either through Furrows Edge, Lots 2 and 3, or directly onto Highway 1. Deleting the cul-de-sac will eliminate the potential for interior access from Penny Lane to Lot 1. Direct access onto Highway 1, where traffic is near to exceeding capacity, should be avoided. If north access to Lot 1 is assured, staff has no objections to the deletion of the cul-de-sac street, Abbey Road. Removal of the cul-de-sac street from the plat will be more environmen- tally advantageous; it will lessen the amount of paving needed for this rural subdivision and eliminate the need for the road crossing/grading within a drainageway and wooded, steep slopes in the vicinity of the shared boundary of proposed Lots 1 and 2. STAFF RECOMMENDATION: Upon resolution of the deficiencies and discrepancies listed below, staff recommends that EXC96-0025, a preliminary and final plat of Furrows Edge, Part II, a resubdivision of Furrows Edge, Lots 1-4, a three-lot, 16.14 acre residential subdivision located in Fringe Area A east of Highway 1 and north of Penny Lane NE be approved. DEFICIENCIES AND DISCREPANCIES: Legal papers must be reviewed and approved by the City Attorney's office prior to City Council consideration of the plat. The legal papers as well as the plat should assure a perpetual access easement to Lot 1 from property to the north. ATTACHMENTS: 1. Location map 2. Proposed preliminary and final plat of Furrows Edge, Part II 3. Approved final plat of Furrows Edge Director D~partment of Planning and Community Development ppdadmin/furrow,rep LOCATION MAP SUB9~-0025 FURROWS EDGE, PART II FC)~ L,&~" '31 r $00'57'55"E / / EAST UNE 0~" 'IHE SOUTHEAST Q~IAR'I1~R O~ THE SO~J]}tWEST QUARTER SO0'OT59"E 0 1533.57~) 637.26' 504.64' 358.$7' -- City of iowa City MEMORANDUM Date: November 7, 1996 To: From: Re: Melody Rockwell, Urban Planning Division Jeff Davidson, Transportation Planning Division Furrow's Edge Part Two SUB95-0025; Evaluation of sight distance At your request I have examined the access point north of Lot I in Furrow's Edge Part Two. This access point can be identified in the field as the first access driveway north of Penny Lane on the east side of Highway 1. The Traffic and Transportation Engineering Handbook published by the Institute of Traffic Engineers contains a table for suggested corner sight distance at intersections. In my evaluation I used the minimum corner intersection sight distance of 600 feet which is recommended for a speed on the main road of 60 mph. Using the car odometer to make a rough assessment of distance, I calculated sight distance from the evaluation point to be 1200 feet to the south and 800 feet to the north. Sight distance in both directions exceeds the 600 feet minimum corner intersection sight distance called for in the Transportation and Traffic Engineering Handbook. Please contact me if you have any questions regarding this evaluation. bc3-4JD Sent By: IOWA DOT IOWA CITY 3193510812 11/13/96 5:04PM JetS Job 503 Page 2/5 Iowa Departmen of Transportation · Box 427, Iowa City, Iowa ~2244 Phone No. (319)-351-881~ November 13, 1996 Ref. No. 471.1 Permit No. 52-96-09 Johnson County City of Iowa City Attention: Melody Rockwell 410 East Washington Street iowa City, Iowa 52240 Dear Ms. Rockwell, Concern~,ng the entrance granted to Todd Gordan on Iowa 1 this office offers the following: ].. Iowa 1 is a priority VI highway. No access rights have been acquired. Access locations are based on safety(sight distance) and need. See page 4 stipulation #112.2(21) of the IAC attached. Access is to be "free and convenient" 2. A type "C" entrance was granted to Mr. Gordan. A type "C" entrance is d~velop~d to serve light traffic volumes. Examples: residential, farm, or field entrances. (see page 2 stipulation 112.2(7)c. of the IAC attached.) 3~ Entrance permits issued by the department apply to construction of entrances within the state highway right of way and do not release applicants £ro.m compliance with local ordinances and regulations. (see page 8 stipulations 112.4(5) b. and c. of the IAC.) 4. D.O.T. policy is to send access applications to ]o~a] (city or county zoning boards) for recommendation of approval or denial. Although the D.O.T. is not bound by such recommendations, they are in most cases accepted. The Gordan Access application was recommended for approval by the Johnson County Zoning official. According to D.O.T. policy, Cities only have access review in the 2 mile radius fro;n the City Limits in unzoned counties. if you hav~ any questions, please contact this office. Sincerely, Peter H. Dallman Maint. Operations Assistant Sent By: IOWA DOT IOWA CITY 3193510812 11/13/g6 5:04PM Jetrax~ Job 503 Page 3/5 761-112.2(306A) DEFINITIONS. The following terms, when used in this chapter of rules, shall have the following meanings unless the context otherwise requires: 112.2(1) Access. A means of ingress or egress between a primary highway and abutting property or an intersecting local public road or street, 112.2(2) Acquisition. To receive title by gift, purchase or condemnation. '! 12.2(3) Built-up area. An area adjacent to a primary road that meets the following general criteria: The lots or area abutting the primary road does not have sufficient setback for the construction of a frontage road, and the development in depth precludes the establishment of a frontage-type road to the rear of the lots or area. When a "built-up area" exists on one side of a primary road, the other side of the road is alto considered to be 'built.up' for the purpose of determining access requirements. 112.2(4) Controlled access highway. All primary highways are controlled access facilities. 112.2(5) Department. The Iowa department of transportation. Information and forms regarding primary road access control may be obtained from: a. Maintenance Division, Iowa Department of Transportation, 800 Lincoln Way, Ames, iowa 50010; telephone 515-239-1197. The resident construction engineer, resident maintenance engineer or transportation center maintenance engineer assigned to the geographical a~'ea in which these rules are being applied to a particular access situation. 112,2(6) Entrance. A physical connection between a primary highway and abutting property or an intersecting local public road or street. 112.2(7) Entrance type. Entrances are divided into the following three classes according to their normal usage: Tytm...." A" en...[rance. An entrance developed to carry sporadic or continuous heavy concentrations of traffic. An entrance of this type would normally consist of multiple approach lanes and may incorporate a median. Possible examples: race tracks, large industrial planes, shopping centers, subdivisions, or amusement parks. Type "B.7 ~.n...~r n_gD_~, An entrance developed to serve moderate traffic volumes. An entrance of this type would normally consist of one inbound and one outbound traffic lane. Possible examples: service stations, small businesses, drive-in banks, or light industrial plants, Type "C.".,..~n_lrance. An entrance developed to serve l_ight ._trafftc.-v~htmes_~_.,. The entrance would not normally accommodate simultaneous inbound and outb'0und vehicles. Possible examples: .re_si~e.n..t!a[, farm..or..field entrances_4 -2- Sent By: IOWA DOT IOWA CITY 3193510812 11/13t96 5:05PM JetS Job 503 Page 4/5 112.2(16) Priority I highway. A primacy highway constructed as a fully controlled access facility. Access to the facility is allowed only at interchange locations. 112.2(17) Priorily II highway. A primary highway constructed as a four-lane divided facility with a high degree of access control. Access to the facility is allowed only at interchanges and selected at-grade locations. The minimum allowable spacing between access locations is 800 meters. Limiting primary highway access to existing public road intersections at intervals of 1600 meters is preferable. 1,2.2(18) Priority Ill highway. A primary highway constructed as a two-lane facility, a two-lane facility within a four-lane right-of-way corridor, or .a four-lane facility, Access to the facility is allowed at interchanges mad at-grade locations. The minimum allowable spacing between access locations is 300 meters in a rural- designed area and 200 meters in an urban-designed area. In a rural-designed area, spacing of 400 meters is preferable. 112.2(19) Priority IV highway. A primary highway constructed as a two-lane facility; however, the definition may include a four-lane facility in an urban area. The minimum allowable spacing between access locations is 200 meters in a rural- designed area and 100 meters in an urban-designed area. 112.2(20) Priority V highway. A primary highway where access rights to it were acquired between 1956 and 1966, entrances were reserved at that time with no spacing limitations, and the department has subsequently determined that a higher degree of access control is desirable. The definition also includes a highway where access rights have not been acquired, but the department anticipates acquiring access rights in the future. Entrances to the highway are generally restricted to one entrance for contiguous highway frontage not exceeding 300 meters, two entrances for contiguous highway frontage exceeding 300 meters but not exceeding 600 meters, and so on, 12.2(21) Priority VI highway. A primary highway where the acquisition of access rights or additional access rights is not anticipated. This definition may also include a highway where access rights were acquired between 1956 and 1966, entrances were reserved at that time with.no a~a;;i.ng limitations, and the department has subsequently determined Lhat restricting access...to the facit!ty !,s no Iong..er. ne~ssa~ A__.c_eg~ss !~,~g..ns are approved base~ o~l...~afety..and .ne~d: 12.2(22) Ramp bifureation. The point where the baseline of the ramp intersects the centerline of the adjacent roadway. 112.2(23) Recreational trail. A trail established in conjunction with minimum AASHTO standards. A recreational trail may be established for biking, pedestrian, snowmobiling, cross-country skiing, or equestrian use. 112.2(24) Right-of-way line, The boundary line between the land acquired for or dedicated to public road use and the adjacent property, Sent By: IOWA DOT IOWA CITY 3193510812 11/13/96 5:05PM Jet~'d~Job 503 Page 515 112.4(4) Maintenance of entrances. Property owners having access to a primary highway shall be responsible for the maintenance of their entrances, from the outer shoulder line of the primary highway to the right-of-way line. Drainage structures located within the primary highway right-of-way shall be maintained by the department except for concrete box culverts and bridges constructed by a permit holder under authority of an entrance permit. These structures shall be maintained by the permit holder. 112.4(5) Primary road extensions. On primary road extensions, the location and geometries of entrances must meet local requirements within the limitations of this chapmr, and entrance permit applications must be approved by authorized city officials before final action is taken by the department. Applicants are responsible for ensuring compliance with local building codes, setback requirements, minimum !or sizes, density of buildings, provisions tbr adequate parking, and other local ordinances and regulations. Entrance permits issued by the department apply to the construction of entrances within the primary highway right-of-way and do not rele~e applicants from compliance with local ordinances and regulations. These requirements are not altered by the issuance of entrance pennils. Applicants are responsible for obtaining the required local approvals and permira. d. There shall be no encroachment onto the primary highway right-of-way. Signs shall not be placed on or overhang the right-of-way. 1 I2.4(6) Ertlrance widths, a. Ty,t~ "A" entra.nces, Each case requires special study. See rule [12.5(306A). b. '_'Fype "B' entrances. (1) The minimum allowable width is 7 meters. (2) The maximum allowable width is 14 meters, (3) For one-way operation, the minimum allowable width is 4 meters and the maximum allowable width is 10 mete. rs. c. Type "G~. ~n. tr.ances. (1) The minimum allowable width is 5 meters. (2) The maximum allowable width is 10 meters. (3) If an entrance will serve more than one property, the minimum allowable width is 6 meters and the maximum allowable width is 11 metcm, -8- City of Iowa City NIE!ViORANDUNi Date: To: From: Re: November 20, 1996 Chairman George Starr and Members of the Planning and Zoning Commission Sarah E. Holecek, Assistant City Attorney~ Furrows Edge II/Highland Heights Resubdivision: Iowa Department of Transportation Policy regarding approval of access permits and access considerations as part of the platting process During the Commission's informal meeting on Monday, November 18, 1996, a member of the public raised a question concerning a statement of the IDOT's policy regarding the approval of access permits as included in the letter of Peter Dallman dated November 13, 1996. In his correspondence, Mr. Dallman states that "According to D.O.T. policy, Cities only have access review in the 2 mile radius from the City in unzoned counties." [emphasis added]. After discussing this policy with Mr. Dallman, it is quite clear that the D.O.T. policy regarding access merely outlines the D.O.T.'s administrative handling of permit applications. In other words, when a county planning office does not exist, (as is the case in unzoned counties), the D.O.T. will send those access applications within the 2 mile radius of a city to that city for comment and recommendation. If a county zoning office does exist, the D.O.T. sends the application to only the county zoning office for review and recommendation. Thus, while it is true that the D.O.T. policy regarding access applications does not recognize City jurisdiction for access permit purposes within the 2 mile radius of a zoned county, THE ISSUE BEFORE YOU DOES NOT MERELY INVOLVE AN ACCESS PERMIT ISSUE OF THE TYPE CONTEMPLATED BY THE D.O.T. POLICY, BUT RATHER A PLATTING ISSUE, OVER WHICH THE CITY HAS JURISDICTION BY VIRTUE OF IOWA CODE CHAPTER 354. As outlined in the staff report, Lot 7 of Highland Heights Subdivision, Part II, was approved in August, 1995 with an access restriction which prohibited access by Lot 7 to Highway 1. This restriction was exhibited by a note on the final plat, was contained in a paragraph in the legal papers, and was agreed to by the subdivider. The subsequent purchaser of the access restricted lot, Mr. Gordon, is now requesting that the access restriction be removed, that the access be allowed to service Lot 7 of Highland Heights Subdivision, and, by virtue of a perpetual access agreement, also be allowed to serve Lot 1 of Furrows Edge. These are subdivision platting issues well within the jurisdiction of the City under Chapter 354 of the Iowa Code. Further, under the Fringe Area Agreement between Iowa City and Johnson County, full City design standards may be enforced in this area of the fringe. Based on current capacity constraints, current traffic congestion, lack of future improvement plans, increased side friction from the additional traffic conflict point, and decreased traffic safety, Staff has recommended denial of the request for direct access to Highway 1 by Lot 7. Such safety considerations are clearly within the Commission's scope of review when approving or disapproving a plat. Assistant City Attorney Dennis Mitchell will attend your formal meeting on Thursday, November 21, 1996 to answer any questions you may have regarding this matter. CC: Linda Newman Woito Dennis Mitchell, Assistant City Attorney Jeff Davidson, PCD Melody Rockwell, PCD g:\.,..\lega~\sar ah\landuse\access,mmo City of Iowa City MEMORANDUM Date: November 21, 1996 To: Planning and Zoning Commission From: Melody Rockwell, Associate Planner Re: SUB96-0025, Furrows Edge, Part II, Resubdivision SUB96-0027, Highland Heights, Part Two, Resubdivision At the November 7, 1996, Planning and Zoning Commission meeting, consideration of Furrows Edge, Part II, was deferred due to discrepancies concerning access to Highway 1. The resubdivision of Furrows Edge proposed access for Lot 1 through an easement across Lot 5 of Highland Heights Subdivision to the north. This access easement was intended to ensure access to Highway 1 without increasing the number of access points on Highway 1. However, Lot 5 of Highland Heights Subdivision no longer exists. In 1995, Highland Heights Subdivision was resubdivided, and Lot 5 became Lots 6 and 7. Lot 7 of Highland Heights, Part Two, now abuts Lot 1 of Furrows Edge, Part II. The 1995 resubdivision of Highland Heights had access restriction notes placed on Lot 7 of the plat. One reads: "NOTE: NO ACCESS TO HIGHWAY 1 SHALL BE ALL©WED." The other note is aligned with an arrow pointing toward a field drive on Dingleberry Road and reads: "EXIST. FIELD ENTRANCE FROM DINGLEBERRY RD. NE SHALL [BE] USED FOR RESIDENTIAL ENT." The Subdividers Agreement contains the provision that "Vehicular access to Lot 7, Highland Heights Subdivision, Part Two, Johnson County, Iowa, shall be limited to Dingleberry Road and to the existing access as designated on the plat." It is clear from the notes on the plat and in the legal papers that direct access to Highway 1 from Lot 7 was not to be permitted. In August 1996, the applicant, Todd Gordon, received a driveway permit from the local office of the Iowa Department of Transportation (IDOT) to allow improvement and use of a field entrance with direct access onto Highway 1 from Lot 7. The driveway permit was issued, in part, based on the sign off by a Johnson County zoning official to approve the Permit. This was done in error in that it contradicts the plat notations and the Subdividers Agreement provision that restrict direct access to Highway 1 from Lot 7 of the Highland Heights Subdivision. The State Code provides that unless the State owns the access, IDOT is to allow "free and convenient access" unless there are inadequate sight distances and/or the local jurisdiction has more stringent requirements restricting access. The attached information from Pete Dallman, IDOT Maintenance Operations Assistant, Iowa City, indicates that issuance of a permit does not release the applicant from compliance with local ordinances and regulations. Dallman related to City staff that although there are sufficient sight distances for this access point, he would not have signed off on the driveway permit for IDOT if there had been an indication from the County that there is a plat restriction on access to Highway 1 from the Gordon property. The applicant now requests a resubdivision of Highland Heights Subdivision, Part Two, to allow direct access to Highway 1 from Lot 7 and to permit access to Highway 1 via a common access easement on Lot 7 of Highland Heights, Part Two, for Lot I of Furrows Edge, Part II. As noted in the November 7, 1996 memorandum from Jeff Davidson, Iowa City Transportation Planning Division, sight distances are adequate at the requested access point to Highway 1. However, staff does not support the proposed access to Highway 1 for the two lots for the following reasons: 2 First, the segment of Highway 1 between Iowa City and Solon currently has capacity constraints. The Level of Service C capacity for this segment of Highway 1 indicates that 7,000 vehicles per day can be accommodated without creating unacceptable delays, and thereby undue traffic congestion and safety concerns. The 1994 traffic count for this area was 7,500 vehicles per day. As development occurs along Highway 1 in the North Corridor, the number of vehicles per day on Highway 1 will continue to increase, and capacity will increasingly be compromised. Second, the number of vehicle trips per day on Highway 1 would ordinarily warrant highway improvements, such as widening the highway to four lanes or providing passing or turn lanes. However, the State DOT has indicated that its policy for Highway I does not include purchasing additional right-of-way or making highway capacity improvements, because it would constitute a duplication of the north-south 1-380 route between Iowa City/Coralville and Cedar Rapids. Third, as local government approves additional development in the North Corridor, it has a responsibility to minimize the number of access points on a highway that is experiencing increasing capacity constraints. Adding an additional access point to Highway 1, where there are nearby, existing access roads (Penny Lane, Dingleberry Road) that can be used by the subject lots unnecessarily contributes an additional traffic conflict point. As conflict points are added, the separation distance between these points decreases. This factor combined with an expected increase in the number of vehicles at each access point over time will likely result in a decreased level of traffic safety on the highway. There is a cumulative effect. Two residences accessing Highway 1 may not cause a significant problem, but trucks and horse trailers turning into and leaving the pony farm that the applicant envisions for his property, or increased traffic at that access point onto Highway 1 as the land is subdivided in the future, are factors that should be considered. Allowing access onto Highway 1 for this property instead of Dingleberry Road also sets a precedent that may make it difficult to control direct access to Highway 1 for other properties that are similarly situated in this area along Highway 1. Staff recommends that the resubdivision of Lot 7 of Highland Heights to provide for access to Highway 1 be denied, and that the previous staff recommendation concerning Furrows Edge, Part II, be revised to reflect the lack of access to Highway 1 available to Lot 1 of Furrows Edge through Lot 7 of Highland Heights. The original staff recommendation for Furrows Edge, Part II, was based on a plat that erroneously showed Lot 5 of Highland Heights Subdivision adjacent to Lot 1 in Furrows Edge. Lot 5 had no Highway 1 access restrictions either on the plat or in the legal papers. The resubdivision of Highland Heights Subdivision in 1995 placed such restrictions on Lot 7, which is now adjacent to Lot 1 of Furrows Edge. Access to Highway 1 from Lot 1, Furrows Edge, through Lot 7, Highland Heights, is not currently an option, and access to Dingleberry Road from Lot 1, Furrows Edge, through Lot 7, unnecessarily lengthens the access drive for Lot 1. The applicant, Todd Gordon, has stated his intention to combine Lot 1 with Lot 7, and to build only his own residence on Lots 1 and 7. He has referenced a private agreement with the Highland Heights Homeowners Association that limits him to development of one residence on Lot 7 for a minimum of 25 years. However, he did not want to preclude development on Lot 1 by designating it as an unbuildable outlot. Staff recommends that a perpetual access easement be maintained over Abbey Road in the Furrows Edge Subdivision with the stipulation on the plat and in the legal papers that Abbey Road will be constructed prior to any residence being permitted on Lot 1. This will ensure off-highway access for a residential use on Lot 1 should it be needed in the future. 3 STAFF RECOMMENDATION: Staff recommends that SUB96-0027, a preliminary and final plat of Highland Heights Subdivision, Part Three, a resubdivision of Lot 7 of Highland Heights Subdivision, Part Two, a 15.52 acre residential lot located in Fringe Area A east of Highway 1 and south of Dingleberry Road, to allow direct access to Highway 1 from Lot 7, be denied. Staff recommends that SUB96-0025, a preliminary and final plat of Furrows Edge, Part II, a resubdivision of Furrows Edge, Lots 1-4, a three lot, 16.14 acre residential subdivision located in Fringe Area A east of Highway 1 and north of Penny Lane NE be approved, subject to a note on the plat and a provision in the legal papers stipulating that a perpetual access easement will be maintained over Abbey Road and that Abbey Road will be constructed prior to any residential use being permitted on Lot 1 of Furrows Edge Subdivision, Part II, and subject to legal papers being approved by the City Attorney's office and review and approval of the plat by the Public Works Department prior to City Council consideration of the plat. ATTACH M ENTS: 1. Location maps 2. November 14, 1996, fax from Pete Dallman 3. November 7, 1996, memorandum from Jeff Davidson 4. Proposed preliminary and final plat of Highland Heights, Part Three 5. Approved final plat of Highland Heights, Part Two 6. Proposed preliminary and final plat of Furrows Edge, Part II 7. Approved preliminary and final plat of Furrows Edge Approved by: Robert Miklo, Senior Planner Dept. of Planning & Community Development bc5-1MR.mmo LOCATION MAP SUBg~-00Z5 FURROWS EDGE, PART II ° '31 '23 FOX LANE o I City of Iowa City E ORANDU Date: To: From: Re: November 27, 1996 Planning & Zoning Commission Melody Rockwell, Associate Planner SUB96-0025. Furrows Edge, Part II, Resubdivision SUB96-0027. Highland Heights, Part Three, Resubdivision Based on discussion at the November 21 Commission meeting, Todd Gordon, the applicant, has submitted revised preliminary and final plats for Furrows Edge, Part II, and Highland Heights, Part Three. Lot 1 is now shown on the Furrows Edge plat as Outlot A, with a note that restricts use of the outlot to agricultural uses only. The land encompassed in Outlot A could be used for pasture, row crops, farm outbuildings or other agricultural purposes, but no residence could be constructed on the outlot. The Highland Heights plat continues to show access from Lot 7 directly onto Highway 1. The access easement connecting Lot 1 of Furrows Edge to Highway 1 through Lot 7 of Highland Heights has been removed from the Highland Heights plat. In effect, the resubdivision of Furrows Edge, as now proposed, will reduce the number of buildable lots from four to two; Lots 1-4 will be resubdivided into two residential lots and one outlot that is restricted to agricultural uses. The situation is slightly improved in terms of reducing the number of households permitted in the subdivision, and thereby the number of vehicles expected to enter and exit Highway 1 from the subdivision. However, staff still recommends prohibiting direct access to Highway 1 from Lot 7 of Highland Heights, because of the public safety and precedent issues raised in the previous staff memorandum on the proposed resubdivisions. Staff also continues to have concerns about how access to Outlot A will be achieved in the future should the property owner of record at that time request a plat amendment to allow a residence to be built on the lot. The following information is provided in answer to timing and notice questions from the Commission on the Highland Heights, Part Two, resubdivision, which restricted access from Lot 7 to Highway 1. Iowa City approved the Highland Heights, Part Two, preliminary and final plat on June 27, 1995, Johnson County approved the plat on July 17, 1995. According to the Johnson County Recorder's Office, Todd Gordon purchased Lot 7 of Highland Heights, Part Two, on July 28, 1995. STAFF RECOMMENDATION: Staff recommends that SUB96-0027, a preliminary and final plat of Highland Heights Subdivision, Part Three, a resubdivision of Lot 7 of Highland Heights Subdivision, Part Two, a 15.52 acre residential lot located in Fringe Area A east of Highway 1 and south of Dingleberry Road, to allow direct access to Highway 1 from Lot 7, be denied. Staff recommends that SUB96-0025, a preliminary and final plat of Furrows Edge, Part II, a resubdivision of Furrows Edge, Lots 1-4, a two-lot, 16.14 acre residential subdivision with one outlot restricted to agricultural uses, located in Fringe Area A east of Highway 1 and north of Penny Lane be approved, subject to a note on the plat and a provision in the legal papers stipulating that a perpetual access easement will be maintained over Abbey Road to assure offN highway access to Outlot A should the plat be amended in the future to permit construction of a residence on the lot. ATTACH M ENTS: 1. Location maps 2. Revised preliminary and final plat of Highland Heights, Part Three 3. Revised preliminary and final plat of Furrows Edge, Part Two 4. November 21, 1996, letter from Todd Gordon Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development bc3-4MR I I -I PRELIMINARY & FINAL PLAT HIGHLAND HEIGHTS SUBDIVISION PART A RESUB~lVISION OF LOT 70P HIGITLAND BEIGh'T8 SUBDIVlNI~N PAliT TWO JOHNSON COUNTY, IOWA 22~. ~F '1HE gE~G~ Gr I~ IOVA GIT'/, IA DVORSKY~S CI~ITURY FARM ~RRO~S EDGE LEGEND AND NOTES LOT 4- THREE LOT 5 FURROY'S NDGE 3UBDIVISION LOCATION MAP ~ ~ NIGHLAND tiEIGRTS 3UNDIVISION PART November 21,1996 From: Todd & Sue Gordon 1520 Dubuque Road Iowa City, Iowa 52245 To: Iowa City Plmming and Zoning Corrmaission Re: SUB96-0027 and SUB96-0025 Dear Commission Members, We ask that you focus m~. fl~e entire~y of these two plats, the use and the circmnstances that make our request positive. SUB96-0027 With the recent development of Orchard View Estates, a requirement that Dingleberry Road be a dust free surface, (clfip seal). That the clfip seal is be maintained by the Developer for a period of five years, then maintained by the Homeowners Association. The Developer and adjoining neighbors have agreed to share the maintenance expense for the clfip seal. This is very favorable to the neighborhood. Consequently, m~ embargo can be, and is huposed on Dingleberry Road as necessary. This present'~ nmnerous problems as to ~he access of Lot 7 Highland Heights from Dh'tgleberry Road for fi~e following reasons. Damage to Dingleberry Road from an access poh~t out, would be our burden of responsibility. Inability to access. 'a fenced area to toad or m~load livestock, or having to do so outside a fenced area, is dangerous and detrimental. Having to install and maintain 600 plus fee't of driveway and. 1200 phs feet offence. Would be a burden. The plat change to allow access *~o Lot 7 Hi~xland Heights from Highway 1 is necessary to elhninate these haz~.rds and bin:dens. A Type C access was designed by the I.D.O.T. resident engineer. The access location exceeds the sight distrance requirements for a safe, "free and convenient", access to the highway, noted in a City Memo by Jeff Davidson to Melody Rockwell. hffact, no one has ever referenced that this access is unsafe. The fence entrance was designed to allow vehicles to be completely off the of the roadway for a distance of 60 feet before entering a gate into the property. SAFETY HAS ~a/L~VAYS BEEN OF TIq2E UTMOST IMPORTANCE TO US. Also noted by Ms. Rockwell, that two residences may not canse a significm~t problem, 'we agree. In response to having livestock, the movement of livestock usually occurs 'm the early A.M. or late P.M. when traffic is off peak, departing and/or arriving once or twice a month. The notion that this access would likely create additional traffic conflict, does not reference may statist/cal reports, or studies. What is the percentage decrease in safety? x~q~at effect does this access have to the overall safety entering the higtm.'a:~ at either poh~t? Again, no one froin the City, Cmmty or the DOT has ever said that tb~is is am unsafe access. Our home desigm location is dire. etly east of'the entrance. Utilities are in place, engineering for the septic a~d 'well is complete, and has been permitted by Jolmson County. There are no plans to resubdivide Lot 7 Highl'~d Heights. However if someone would decide to do t_h/s in the rutre'e:. it would still be subject to review by the Zoaing Co~.mnission. Therefore we believe no precedence is being set in the matter of appro'v/x,,.g the Lot 7 Highland Heights plat as sublnitted at this time due to the mfique ckcmns'tances. We respectfully request approvaJ. of the plat £or Lot 7 Highland Heights as submitted. SUB96-0025 Please note we are doing a 3 for ~. s~lit of th. lots ~n the Furrows Edge subdivision. h~ doing so, we are decreasing the density of the subdivision by one. Decreasing the Type B access, to Highway 1 by two as we have proposed and submitted on the plats. The intended use for Lot 1 Fma'ows Edge~ ~.~at it be used for green space, ie, pasture and row crops. There are no plans of putting a dwelling on tlfis lot. The easement to access to the north across Lot 7 Highlined Heights is to allow the remaining affected lots of Fm~cows Edge the maxhnum use of the lined. Therefore we believe no precedence is beh:tg set in the matter of approving the plat as submitted. We respectfully request approval of the plat ns sub:[~stted for Furrows Edge. Thank you for looking a: the issues, their circmxastances, m~d givh~g them thought. We truly believe these are uni~.ue situations. Very tru.~y yours~ December 5,1996 From: Todd & Sue Gordon 1520 Dubuque Road Iowa City, Iowa 52245 To: Iowa City Plmming and Zoning Cmmrdssion Re: SUB96-0025 and SUB96-0027 Dear Conunission Members, SUB 96-0025 We propose Lot 1 Furrows Edge be designated for agricultural purpose only. This chinage makes the subdivision of Furrows Edge a two for four split, decreasing density by two. SUB 96-0027 We propose access for Lot 7 Highland Heights to Highway 1 be allowed with restfiction to service one single family dwelling. Secondly, that future subdividing of Lot 7 Highland Heights and Lot 1 Furrows Edge, be restricted to access at Dingleberry Road only. The access for Lot 7 Highland Heights to Highway 1 remain with restriction to one SFD. On request, City Staff is unable to provide safety data, statistics, regulations and/or ordinances, that this access should be restricted or is unsafe. Previously noted, tlfis access exceeds sight distance requirements and conforms with spacing criteria. In good faith and compromise, we proposed these changes and restrictions. We respectfully request approval of SUB96-0025 and SUB96-0027 subject to these changes and restrictions. We would like to express sincere appreciation for your time and effort spent on planning and zoning matters in our community. Thank You ! Very truly yours, 8~g.20' ¢R~r'*:Z h::: PRELIMINARY & FINAL PLAT HIGHLAND HEIGHTS SUBDIVISION, PART A RESUBDIVISION OF LOT 7 OF HIGHLAND HEIGHTS SUDDMSION, PART TWO O~NER$' ATTORNEY JOHN D. CRI~ISE 920 B, DUBUQUE BT. IOWA CITY, IA §2940 JOHNSON COUNTY, IOWA ,mHNSO~ COUNW m~c~mm's ~'mCE) P~T P~ BY: O~R~/S~D~E~ ~S CONS~TA~ ~C. TODD G0~ON 1917 SO~ G~ERT ST. ~ E~N G0~N 10WA C~, IOWA 52240 1520 D~UQ~ ~0~ IOWA CITY, IA 52245 DVORSKY'S CEN~RY FARM LOT 1 , ~L~_J...~/ .' ......... LOT (1 / FURROTS EDGE SUBDIVISION RECORDED IN PLAT BOOK ~, PAOE 40, OF 1PIE RECORDS OF THE JOHNSON COUNTY RECORDERS LOCATION ~AP THREE Legal Description I HEREBY C~TIFY 7HAT DURING ~IE UONTH I:~ NO~IBER, 1911(], AT 51'1E DIRECTION OF TODD GORDON, I $UBDIVIDE~ LOT 7, OF HIGHLAND LOT 2 iI LOT 6 IPLAT APPROVED BY: TEt %.~HAIRPERSON DA fPI~T/PL&N APPROVED by f~e City of Io~ra City ,~ lJ. HIGHL/L,',E) HEIGHTS SUBDIVISION, PART THREE ~V~ I~ac~,l~m (~)~2~ 'Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iow~ City, IA 52240; 319-356-5240 RESOLUTION NO. 97-18 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLLYWOOD MANOR, PART 6, IOWA CITY, IOWA. WHEREAS, the owner, Frantz Construction Company, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Hollywood Manor, Part 6; and WHEREAS, the DePartment of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of 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 THAT: 1. The preliminary plat of Hollywood Manor, Part 6, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 14th ATTEST: /~~ ~. CITY-CLERK It was moved by Norton and upon roll call there were: day of January MAYOR and seconded by , 1997. A ved by //~./ /¢ Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: X X X X X X X, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\hollywd6.res STAFF REPORT To: Planning & Zoning Commission Item: SUB96-0026 Preliminary Plat Hollywood Manor, Part Six GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: Robert Miklo Date: December 5, 1996 Frantz Construction Co. 325 Third Street Iowa City, IA 52240 Bill Frantz 338-7923 Preliminary Plat approval 24 Single-Family Lots West side of Sycamore Street South of Burns Avenue 8.2 acres Agricultural: RS-5 North - Residential - RS-5 South - Agricultural - ID-RS East- Residential - RS-5 West - Agricultural/Wetherby Park - RS- 5, P Residential 2-8 dwelling units per acre. November 14, 1996 December 30, 1996 Municipal water and sewer service are available to serve the property. The property is subject to a sanitary sewer tap-on fee and a water main extension fee. Public services: Transportation: Physical characteristics: Sensitive Areas Ordinance: BACKGROUND INFORMATION: Police and fire protection and sanitation service will be provided by the City. The property is accessible via Sycamore Street and Lakeside Drive. There are two nearby transit routes, Broadway and Lakeside. The area is generally flat. It currently is used for row crops. An area of hydric soils is located on the western portion of the property. The Natural Resources Conservation Service (NRCS) has confirmed that the property does not contain wetlands. The southern one half of this property was rezoned from ID-RS, Interim Development-Single- Family Residential to RS-5, Low Density Single-Family Residential in early 1994. The northern portion of the property has been zoned RS-5 since the City adopted the current version of the zoning ordinance in 1983. The conditional zoning agreement for this property contains requirements for fees in lieu of park land dedication (the neighborhood open space ordinance was not adopted at the time of the rezoning); requirements for a walkway between the overall property and Wetherby Park to the west (the area to contain the walkway will be subdivided at a later date); a requirement for a sidewalk fee for the sidewalk that the City will construct when Sycamore Street is rebuilt; and a requirement that the hydric soils on the property be addressed at the time of development. The applicant is proposing to subdivide the subject property into 24 lots ranging in size of approximately 8,000 square feet up to approximately 19,000 square feet. These lots would be arranged around two new public streets Monroe Court and Bogart Avenue and the extension of Lakeside Drive to the west of Sycamore Street. The preliminary plat also depicts a concept plan for the future subdivision of the property to the west. This subdivision has been reviewed for compliance with the City's codes and regulations. Although the South District Plan has not yet been adopted staff has also reviewed the subdivision in accordance with the guidelines contained in the South District Plan. ANALYSIS: The proposed subdivision is to be arranged in a modified grid street pattern. This pattern will be a continuation of the street pattern already existing in this portion of the City. Lakeside Drive is designed as a 31 foot wide collector street. The concept plan shows Lakeside Drive extending to a cuPde-sac on the property to the west of the area now being subdivided. It would intersect with Russell Drive. South of Lakeside Drive Russell would also be 31 feet wide and would serve as a collector street between this development and South Point development farther to the south. North of Lakeside Drive Russell would be 28 feet wide and would be considered a local street. The modified grid pattern is encouraged in the South District Plan. Subdivisions arranged in this 3 way provide for several options for traffic circulation through a neighborhood so that no one or two streets are over burdened with large amounts of traffic. The subject property has frontage on Sycamore Street which is an arterial street. Except in rare circumstances the City does not allow individual lots to have access on arterial streets. This can lead to difficulties in designing subdivisions which do not contain double fronting lots. However, the subdivision regulations indicate that double fronting lots should be avoided, and the South Area Plan contains provisions designed to discourage double fronting lots so that neighborhoods do not present their back to the larger community. These provisions could include the placement of townhouses facing arterial streets (in this case that would require a rezoning); the use of landscape buffers along arterial streets; and the use of extra large lots on arterial streets to minimize the number of backyards facing the street. In this case the applicant has chosen to provide a landscape buffer and to provide extra large lots in the area adjacent to Sycamore Street. This minimizes the number of lots that actually have their backs to the street (in this case lots 16 & 17). Lots 1 and 24 face Lakeside Drive and their side yards face Sycamore Street. The landscape buffer adjacent to Sycamore Street will help provide privacy for the occupants of these lots and will improve the appearance of the streetscape. The City's Capital Improvements Program (ClP) for fiscal year 1999 includes the reconstruction of Sycamore Street from Burns Avenue to the southern city limits. The preliminary plat indicates that an additional right-of-way will be dedicated from this property for Sycamore Street. The conditional zoning agreement that applies to this property contains requirements for payment of sidewalk fees for the sidewalk that will be constructed on the west side of Sycamore Street when the City rebuilds the street. These fees should be addressed in the legal papers at the time of final plat approval. The conditional zoning agreement contains a requirement for sidewalks connecting Wetherby Park to this subdivision for the property to the west. This requirement will need to be addressed at the time that the property to the west is platted. Portions of Lots 7-10, 21 and 22, and Bogart Avenue contain hydric soils. The conditional zoning agreement requires that the applicant address drainage concerns related to development of public streets and dwellings with basements in areas of hydric soils. The preliminary plat contains notes pertaining to the hydric soils. They indicate that the treatment of hydric soils will be by including perforated sump pump drain lines place in porous rock backfill adjacent to the streets at locations adequate to serve each lot with a service for a sump pump connection. The Public Works Department has indicated that a perforated tile may be necessary along the west property lines of Lots 7-10 to provide adequate drainage. The Engineering Division is currently studying this issue and should have a response prior to the Commission's vote on this plat. Wetherby Park is located to the west of this property. It is adequate to serve the needs of the immediate neighborhood therefore additional park land is not required to be dedicated as part of this development. Both the conditional zoning agreement and the neighborhood open space require that fees in lieu of park land be paid for neighborhood open space. These fees will need to be addressed at the time of final plat approval. 4 STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Hollywood Manor, Part Six, an 8.2 acre 24-1ot residential subdivision, located on the west side of Sycamore Street be approved. ATTACHMENTS: 1. Location Map. ppdadmin~sffrep\96-OO26.rm Approved by: Karin Franklin, Director Department of Planning and Community Development LOCATION DIAl? SUB9 6,=00,~'6, HOLLYWOOD NANOR PART SANDUSKY jDRIVr PEPPE~ IIII ~DRr',,'E -I II I ~_~ , , , r ~ LANE: BURNS AVE: / $TANWYCK C~ '¢E1HERBY PARK I I ! I ,- I ~ OITY OF IOWA CITY OORPOR^TE LIMITS I % J Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044 RESOLUTION NO. 97-19 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY PARKING RAMP FACILITY UPGRADE - CAPITOL AND DUBUQUE STREET PARKING RAMP PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPA- NY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved, o The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 4th day of February, 1 997. Thereafter the bids will be opened by :the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 25th day of February, 1997, or at such later time and place as may then be fixed. Passed and approved this 14th day of ~]anuary ,19 97 ~/MAYOR ATTEST: , l~ ~.. pweng\rampupg.res ... , . ' Approved by City Attorney's Office /15 Resolution No. 97-19 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Kuhhy AYES: NAYS: ABSENT: X X X ,X ,X X. X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef IOWA CiTY PARKING FACILITY UPGRADES PROJECT CAPITOL & DUBUQUE STREET PARKING RAMPS Janua~ 14,1997 INOTE: REMOVE EXISTING QUARRY TILE DOWI~ TO SETTING SEO. IRSFEC~ EXmTmG* SETTINO.EEO TO' DETERMINE INTEGRITY'.} ACCEPT,KEIt~ITY TO RECEIVE NEW TI~EMOVE AND' ~EPLACE' ANY UN~CC'~TABLE S~TTING ~ XND PREPAnE THE SURFACE TO RECEIVE NEW TikE, CAPITOL STREET RAMP - INTERIOR LOBBIES ELEVATION'- STAIR A & ELEVATOR LOBBY sIG~x.~[" STAIR CAPITOL S.T./ CAPITOL STREET RAMP - EXTERI'OR VIEWS 2'-0" NUMBER - INDICATES LEVEL PAINT WHITE - - WEST-~:" j 5' LETTERING -"WEST' ~ INDICATES STNR/ELEV. A - .. 'EAST' FOR SI'AIR/ELEV. B - : PAINT WHITE :~~ z'-o* NUUBER - INDICATES L£~c-L 2 - .... IN~S S~NR~LE~ . 'z': 'EAS~ F~ ST~R~U STAIR A DOOR ELEVATION SCALE: I/4' = I'-0' ELEVATOR/STAJR B (OPP. HAND) (~ ELEVATOR A DOOR ELEVATION SCALE. 1/4' · 1'-0' ELEVATOR/STAIR B (OPP. HAND) 5'-0" x 2'-0" SIGNAGE AREA FOR "S[AIR / ELEVATOR" SIGNAGE, I BLACK LETTERING ,~ .............................. ~,~ ..... 20'-u" - ........ '--'7~ .............7-~ ~ ......x. ................~-'- / ~/F-S~f~'-f'i~ '~ , ~ FLOOR C~OR~ ~ITE ~ FLO~ COLOR ~ ~ ~. LAY ~T POINT FOR coNnNUE PARK)NO STRIP NO PAINTING "ARROW" p . ON C~UMNS U WALL I I INDICATES LEVEL ~ 'PAINT WHITE 2 5' LETTERING -'WEST" INDICATES STMR/ELEV. A - WEST 'EAST' FOR STAIR,.AELEV. B - PAINT WHITE .~NO PAINTING THIS AREA OF COLUMN PAINT COLUMN W/ PAINT COLOR SELECTED ON ALL SLOES O ENOS PAINT ON 2 SIOES ~ MIDDLE BAY~ NO PAINTING TH~ .~.__~AREA Of' COLUMN DUBUQUE STREET RAMP - EXTERIOR VIEWS FINAL OPINION OF PROBABLE COST IOWA CITY PARKING RAMP FACI3~ITY UPGRADE PROJECT - CAPITOL AND DUBUQUE STREET PARKING RAMPS CITY OF IOWA CITY December 16, 1996 Item Capitol Street Ramp 1. Lobby Demolition, Levels A - F 2. Lobby Flooring, Levels A - F 3. Lobby Ceiling, Levels A - F 4. Lobby Lighting, Levels A - F 5. Lobby Painting, Levels A - F 6. Lobby Door Hardware Adjustments Levels A - F 7. Wire Mesh Partition, Level F 8. Elevator Cabs Demolition 9. Elevator Cabs Flooring 10. Elevator Cabs Ceiling with Hatch-- 11. Elevator Cabs Lighting 12. Window Closure Piece, Levels B - F 13. Concrete Panel Removal & Reconstruction, Level B 14. Electric Automatic Door Openers, Levels A - F 15. Parking Ramp Wall and Column Graphics Dubuque Street Ramp I. Parking Ramp Wall and Column Graphics Construction Cost- Contingency Opinion of Construction Cost Cost $ 4,000 16,000 10,000 7,500 2,500 1,500 2,500 5OO 1,500 2,000 800 1,200 5,000 19,000 24,000 $28.000 $126,000 10,000 $136,000 196355-0 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-§1 RESOLUTION NO. 97-20 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF iOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES DURING THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT NO. STP-U-3715(7)--70-52] WHEREAS, the City of Iowa City desires to reconstruct Melrose Avenue between Hawkins Drive and Byington Road ("Project"); and WHEREAS, the City of Iowa City desires to contract for construction inspection services, project administration and other special services to assure construction is in conformance with the design plans and specifications of the Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa; WHEREAS, it is in the public interest to enter into said Agreement with NNW, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this :[4t.h day of January ,1 997. CITY 'CLERK pweng\melr-ph3.res MAYOR City Attorney's Office Resolution No, 97-20 Page 2 It was moved by Kubb.y and seconded by adopted, and upon roll call there were: IPhman AYES: NAYS: ABSENT: X the Resolution be X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this I~L ~ by and between the City of Iowa City, hereinafter referred to as the City and NNW, Inc. hereinafter referred to as the Consultant. day of Iowa, a municipal d'orporat., of Iowa City , WHEREAS, the City desires to improve and reconstruct Melrose Avenue. The City Council has determined the design parameters of the project and this agreement includes the construction phase. The project limits are from Hawkins Drive to Byington Road. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The following phases correspond with Iowa Department of Transportation critical path project development tasks. A. Project Administration Phase: Provide project administration; 2. Prepare field alignment and elevation information and provide construction staking one time for each stage; 3. Make timely visits to the project during the course of construction; 4. Negotiate, prepare, and obtain approval of all change orders required by the construction, including submission of verification information; 11. Conduct weekly construction meetings; Review monthly pay estimates and submit to City Engineer with recommendations; Keep public information board on site up to date. (Board shall be furnished and erected by City.); Have available at site, in office, or by phone or pager 24 hrs/day, a full time representative who can respond to off-hour issues and answer citizen's inquiries; Provide periodic project updates for neighborhood newsletter; Keep project material, labor and inspection records as required by IDOT for Federal-Aid projects; Perform material testing as required by IDOT Instructional Memorandum (I.M.) and City procedures; 12. Coordinate with and inform the University of iowa; 13. 14. 15. 16. 17. 18. 19. Submit necessary documents to State and Federal Agencies both during construction and upon final completion; Upon completion of the project, determine final contract quantities from actual field measurements, or from field and office records as well as period pay estimates and submit same to the City; Prepare certifications of completion for City Council acceptance; Attend necessary meetings of the City Council and Neighborhood Association both during the course of construction and at the time of final project acceptance; Prepare as-built drawings; 'Provide City with mylar copy of as-built drawings. Tie-down existing properly pins within an easement. Construction Inspection Phase: 1. Provide full time on-site inspection and documentation utilizing a technician or engineer experienced in the inspection and construction of concrete pavement, storm sewer and watermain work; 2. Provide assurance construction is substantially in accordance with the plans and specifications; 3. Provide certified concrete inspector as required; 4. Provide City with copies of daily diary entries and results of materials testing and certification. Special 1. Services Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; Assist the City as expert witness in litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. Reset property pins disturbed due to construction. II. TIME OF COMPLETION The time of completion is tied to the contractors schedule. specified in the construction documents is 106 days. The construction working days III. GENERAL TERMS Ao Jo The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual I~ecause of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 7'o discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "amount not to exceed" amount listed in Section IV. 'The City may terminate thi~ Agreement upon ~even (7) oalendar day~' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Padies to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement, Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies of the Consultant's own filling use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES Contract Administration Phase: The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto, Construction Inspection Phase: The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto. For the purposes of establishing liquidated damages the daily inspection rate is $320.00 per day The maximum not to exceed amount for the combination of both phases is: Fifty-six Thousand two Hundred dollars ($56,200.00), excluding resetting property pins. Resetting property pins using tie-points: $100.00 per pin. V. MISCELLANEOUS Ao All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Date: APPENDIX A NNW, INC. ENGINEERING SERVICES PROFESSIONAL COMPENSATION The fee for professional services shall be based upon the following hourly rates for services by principals and employees assigned to the project. Description 1. LABOR Principal Structural Engineer Structural Engineer (Grade 6) Structural Engineer (Grade 5) Technician/Draftsperson Clerical Rate/Hour $75.00 $60.00 $45.00 $3O.0O $25.OO Prepared by: Dennis Mitchell, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 522z~O 319-356-5030 RESOLUTION NO. 97-21 RESOLUTION RESCINDING RESOLUTION 95-113 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR THE USE OF PUBLIC RIGHT- OF~WAY FOR SIDEWALK CAFES WHEREAS, the City of Iowa City is establishing new regulations by ordinance for sidewalk cafes; and WHEREAS, the City desires to establish new fees and deposits in light of these new regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT: 1. Resolution 95-1 1 3 is hereby rescinded. The following fee schedule and deposit requirements are hereby established for use of the public right-of-way by sidewalk cafes: ao Annual fee for sidewalk cafes located directly on the public right-of-way: 95.00 per square foot. bo Annual fee for sidewalk cafes located on a structure placed on the public right- of-way: 910.00 per square foot. Deposit for sidewalk cafes which place anchored fencing in the public right-of- way: 9200.00. This deposit shall be refunded if the sidewalk is restored to its prior condition by the sidewalk care owner to the satisfaction of the City. Deposit for sidewalk cafes which place a structure on the public right-of-way, regardless of whether anchored fencing is used: t~500.00. This deposit shall be refunded if the structure is removed and the sidewalk is restored to its prior condition to the satisfaction of the City. Passed and approved this ~[4th day of January ,1997. CiTY"-CLERK clerk\cafe97.res MAYOR City Attorney's Office Resolution No. 97-21 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: January 10, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Delmis Mitchell, Assistant City Attorney~~J~ Resolution Setting Fees for Sidewalk Cafes; Fees for Temporary Uses of the Public Right of Way In conjunction with the ordinance amending the regulations for sidewalk cafes, the resolution sets new fees and deposit requirements for sidewalk cafes. The fee for sidewalk cafes which are not elevated will remain at $5.00 per square foot. However, sidewalk cafes which use m~chored fencing will be required to submit a one-time refundable deposit of $200.00. The Public Works Department believes this amount should be sufficient to pay for any repairs to the sidewalk after the anchored fencing has been removed in the event the owner fails to make the repairs. Elevated sidewalk cafes which place structures on a public sidewalk will be required to pay a one-time refundable deposit of $500.00, and will be charged an arereal fee of $10.00 per square foot. Elevated sidewalk cafes are being charged a higher rate because the use is much more invasive. The fee of $10.00 per square foot is consistent with current market rates for property downtown. It is hoped the deposits will encourage owners to make any necessary repairs to the sidewalk, rather than placing the burden on the City. If m~ owner does not make repairs to the sidewalk and the deposit is insufficient to pay for the costs of the repairs, the City may tax the additional costs against the property as a property tax. Some Council members have inquired about whether the City charges for all private temporary uses of the public right-of-way. (As you lmow, the City may not grant any permanent uses of the public right-of-way to private individuals without first taking procedural steps to dispose of the property.) Typically the City does not charge for temporary items in the public right-of-way which are not invasive m~d which provide a' substantial benefit to the public, such as handicap accessible ramps. If directed to do so, the City could charge for all such temporary uses of the public right-of-way. cc: Linda Newman Woito, City Attorney Steve Atkins, City Manager Marian Karr, City Clerk Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (31 9)356-5110 RESOLUTION NO. 97-22 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS, EXCLUDING THE POTTER'S STUDIO. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY97 and FY98; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached schedule of fees and charges for parks and recreation services and programs be adopted for FY97 and FY98. Passed and approved this 14th day of .]anuar~/ , 1997. MAYOR Ap ved b City Attorney's Office It was moved by Lehman and seconded by Tho~'nber~'~v adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef parksrec\fees97.res 0 0 0 .r"l 0 ~ ~ooo oo ooo ooo oo o ~m~ oo ooo ooo oo o ~ ~000 O0 000 000 O0 0 ~ ~0 000 000 O0 0 H 0~0 ~ ~00 O0 ~ 00~0 O~ 000 000 O0 0  00~0 ~0 000 000 O0 0 oo~o ~ jgg ooo Jg ~ I ~ 000 000 O0 0 00~0 O0 000 000 O0 0 00~0 O0 ... ..... ~00 J~J oo o oo~o ~ ~ ~ ~ ~  ~ooo oo ooo ooo ~o~ oo ooo ooo ~ooo oo ooo ooo ~o~ ~o ooo ooo oooo oo ooo   ~0 0 O0 000 000 0~000 ~000 0~000 0~000 000~0 0~o ~0 0~0 ~0 00000 0~ 00000~0 00000~ 00000~0 00000~ 00000 ~0000 ~~ ~00 O0 0 00000 ~0000 O0 0 ~000 ~0~0 .. . ~j~ ..... O0 0 0~000 00000 O0 0 ~000 ~00~0 O0 0 0~000 00000 ~000 ~0000 O0 0 00000 00000 O0 0 ~0000 00000 000 000 O0 0 00000 00000 000 000 O0 0 ~0000 00000 . .. ~ · .~ .......... ooo ~ ~ ~ooo ~~ I ~ I ~ ~ m ~ 0 04j O0 0 ~ 0 ~ ~ · · . I I I ~ 0 0 O0 0 0 0 ~ ~ 0 O~ O0 0 ~ 0 ~ ~ · · I I I 0 0 0 0 0 0 0 0 0 - ~ O0 0 o 0 0 0 0 0 ~ O~ ~ 0 ~ 0 0 ~ 0 O0 0 0 0 0 I ,-4  ,§ °° o , § § oooo 0 ~ ~0 0 IH I 00000 ~0~00 00000 00000 0000~ 0000~ 00000 00000 0000~ 00000 00000 00000 00000 0000~ 0 ~4 ,,,4 o ~o 00000 ~~ ~oo 00000 00000 00000 00000 ~~ ~00 00o~ 000~ ooo~ 000o0 ~00 00000 00000 O~ 00000 ~ ~ 00000 00000 ~ ~oo ~oo '. ~ 00000 00000 ~ 00000 00000 O0 0 0 I · O0 O0 O0 O0 0 4~ O0 O0 t-It~) ,4,4 ,.:~  O0 O0 00000 00000 00000 ~00 00000 00000 0000 ~0~00 00000 00000 00000 00000 00000 ~0~00 O0 O0 I~O O0 O0 O0 O0 O0 O0 041~ ,-4,-4 ~,. 0 ,..~ .~ o ,-.4 o 0 o ,-4 O O O O O O O O O O O O O ~ O O O O O O O O O O O O ~O~~O~OO O ~ ~ O O O O ~ ~ O ~ O ~ ~ O ~ O ~ ~ ~ O ~ O ~ O ~ O O O O O O O O O O ~ ~ ~ ~ o ~ ~ ~ ~ o o  O O O O O O O O O O O O I~ O O lY) L~ O ~ · ~ · O O Ix) O O o. ~ o o O ,-I .q~ ~0 o 2: O O ,-4 ~ E~ H O o  O O O b'l O O O O O O O O  0 0 0 0 0 0 0 0 0 0 0 0  0 0 0 0 ~ ' . 0 0 0 ~U 0 0 0 0 0 0 t~ 0 ,-~ 0 O0 oo 0o O0 O0 O0 0~0 0~0 0000 00~0 00~0 0~0 0~0 0~0 0~0 0000 00~ 0 0 000 000 ~ 0 00~ I~ 0 0 000 0 U~ ~4,-4 0 0 r'- U~ 0 0 0 ~00 000 0 0 ~ ~00 ~ o ~ ,'~ 0 0 ~00 000  ~ ~ ~ ~00  0 0 O0 ~00 ~ ~ ~0 ~00  0 0 O0 ~ ~ ~0 ~00 O0 ~ O0 ~ 0 0 O0 O0 · · 0 0o ~ 0 ~ 0 O0 ~) O0 ~) ~ 0 0 0 0 0 O0 0 ~0 0 O0 ~ 0 U%0 0 D~ O0 0 O~ ~ 0 0 O0 O~ O0 O~ O0 O0 O~ 12/6/96 SUMMARY RECREATION DIVISION REVENUES & BUDGET FY98 FY98 Proposed Budget 2,056,747* Less capital outlay ($180,400) and new permanent part-time position ($21,506); revenues to be adjusted if position is approved 223,412 Total Non-Property Tax Revenues $ 816,444 Non-Property Tax Revenue to Support Budget = 44.53% Stated Goal (Not Required) = 45.00% This includes a reduction of $20,938 due to an accounting change whereby the wages and benefits of one of our Senior Maintenance Workers will be charged 60% to Recreation and 40% to Government Buildings. Currently, 100% of his time is charged to Recreation, but the 60/40 split more accurately reflects where his actual time is spent° Without this reduction, the support percentage would be 44.03%. RESOLUTION NO. 97-23 RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE POTTER'S STUDIO IN THE ROBERT A. LEE COMMUNITY RECREATION CENTER. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY97 and FY98; and WHEREAS, the City Council has adopted a resolution establishing all fees except the potter's studio; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached schedule of fees and charges for the potter's studio be adopted for FY98. Passed and approved this :t4th day of Janua~'~v , 1 997. ATTEST: City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X Vanderhoef the Resolution be ABSENT: ABSTA T N: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef parksrec\fees.res  o OH- O0 0 ~ o 0 ~ 0 0 O0 0 0 0 ~ 0 0 ~ O0 0 ~ 0 ~ ' ' ~ I I 0 ~ 0 0 0 0 0 0 0 0 ~ - ~ o oo ooooo o o ~ O0 00000 0 0 ~ O~ ~ 0 ~ 0 0 ~ 0 0oo00 00000 0000~ 00000 00000 ooooo 0o0oo 0000~ 00000 00000 00000 00000 00000 0000~