HomeMy WebLinkAbout1998-01-27 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 1319) 356-5041
RESOLUTION NO. 98-16
RESOLUTION TO ISSUE CIGARE'!TE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
The Cellar - 116 S. Linn Street
Passedand approvedthis 27th dayof January ,19 98
AI-rEST: ~.~.~
CITY'~I..ERK
Approved by
City Attorneys Office
It was moved by I~orton and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
RESOLUTION NO. 98-17
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:
R.T.'s - 812 S. Clinton Street
It was moved by Nnrton and seconded by Thornberry
as read be adopted, and upon roll callthere were:
that the Resolution
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Passed and approved this 27th day of January , 19 98.
MAYOR
ATTEST:ciT~LERK
A~p~oved by
City Attorney's Office
a\danceprm.res
RESOLUTION NO. 98-18
RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 10, 1998 ON AN
ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN
RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO UNDER
TIRE SERVICE.
WHEREAS, the City of Iowa City is the owner of property where Benton Street was formerly
located between the Iowa River and Riverside Drive; and
WHEREAS, the City of Iowa City does not need this property as it is no longer used as a
public street; and
WHEREAS, Linder Tire Service is located directly north of this property; and
WHEREAS, the owners of the parcel on which Linder Tire Service is located have indicated a
willingness to convey property to the City of Iowa City for a trail along the Iowa River in
exchange for the City conveying to them an equal amount of the former Benton Street right-
of-way which is located directly south of and adjacent to Linder Tire Service; and
WHEREAS, it would be in the public interest to vacate a portion of former Benton Street
which is directly south of Linder Tire Service and convey it to the owner of that parcel in
exchange for an equal amount of property along the Iowa River.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
A public hearing on said ordinance should be and is hereby set for February 10, 1998,
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 27th day of ,]anuar'.,v , 1998.
ATTEST: CI~LERK
Apl;~ove~ by.'_ _~
City Attorney's Office
Resolution No. 98-18
Page 2
It was moved by Nnrtnn and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Charles Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141
RESOLUTION NO. 98-19
RESOLUTION SET'riNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WATER FACILITY
SITE DEVELOPMENT - PHASE I IMPROVEMENT PROJECT, 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 10m day of February, 1998,
at 7:00 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 inspection.
Passed and approved this 27th
dayof January ,1998.
MAYOR
Ap~~./~,roved by
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
pwadminVes\wtrfacil.do<:
Council Member Norton inlxoduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted.
Council Member Thornberry seconded the motion to adopt. The roll was
called and the vote was,
AYES: Champion, Kubby, Lehman, Norton, O'Donnell.
Thornberry. Vanderhoef
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 98-20
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF $9,180,000
GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa,
should issue General Obligation Bonds to the amount of $9,180,000, as authorized by
Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs
of carrying out an essential corporate purpose project as hereinafter described; and
WHEREAS, before said bonds may be issued, it is necessary. to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections from any resident or
property owner of said City to such action;
-2-
Revised 2/5/98 Resolution No. 98-20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section I. That this Council meet in the Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, at ? :nil o'clock p.M., on the 10 th day of
February ,1998, for the purpose of taking action on the matter of the issuance
of $9,180,000 General Obligation Bonds for an essential corporate purpose of said City,
the proceeds ofwhich bonds will be used to provide funds to pay costs of the acquisition
of land for streets and sewers; improvements to streets, bridges, sidewalks and public
ways; the rehabilitation and improvement of city parks; the reconstruction, extension and
improvement of the municipal airport; the reconstruction, improvement and repair of
water works property; and the reconstruction, extension, improvement and equipping of
works and facilities for the collection and disposal of surface waters and streams and
detention facilities.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-3-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~'~NCIL OF THE
CITY OF IOWA CITY, IOWA: /
/
Section 1. That this Council meet in the CounciI Chamb/e/rs, Civic Center, 410
East Washington Street, Iowa City, Iowa, at ?:00 oclockfi_.M., on the 27th day of
January, '~ ,1998, for the purpose of taking action ~ the matter of the issuance
of $9,180,000 ~eneral Obligation Bonds for an essential c/trporate purpose of said City,
the proceeds of Which bonds will be used to provide fun~ to pay costs of the acquisition
of land for streetSand sewers; improvements to streets~oridges, sidewalks and public
ways; the rehabilitation and improvement of city par~; the reconstruction, extension and
improvement of the municipal airport; the reconstn~..tion,. improvement and repair of
water works property;" and the reconstruction, ext~fision, improvement and equipping of
works and facilities for the collection and disp~/r~l of surface waters and streams and
detention facilities.
Section 2. That the Clerk is hereby to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English
language, published at least once and having general circulation in said City, said
publication to be not less than fo ,.urdays nor more than twenty days before the date
of said public meeting on the issuanc~ bonds.
Section 3. The notice ofth,
substantially the following
action to issue said bonds shall be in
/
!
-3-
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
$9,180,000 GENERAL OBUGATION BONDS
(FOR AN ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the
Council of I~e City of Iowa City, Iowa, will hold a
public ~ on the 10" day of February, 1998,
at seven o'clock P.M., in the Ccx]ncil Chambers,
Civic Center. 410 East Washington Street, Iowa
City, Iowa, at which meeting the Council proposes
to take additional action for the issuance ot
$9,180,000 General Obligation Bonds for an
essential coq:x)rate purpose of said City, in order
to provide funds to pay costs of the acquisition of
land for streets and sewers; improvements to
streets, bridges, sidewalks and public ways; the
rehabilitation and improvement of city parks; the
reconstruclJon, extension and improvement of the
municipal a~:x)rt; the reconstruction, improvement
and repair ot water works property; and the recon-
struction, extension, improvement and equipping
of works ~ facilities for the collection and dis-
posal of surface waters and streams and deten-
tion facilities.
At '3're above meeting the Council shall
receive oraJ or writlen objections from any resi-
dent or ~roc:~rl~ ¢wner of said City. to the above
action. A~er all objections have been received and
considered. :he Ccuncil will at this meeting or at
any adjcun'~ment thereof, take additional action for
the issuance of said bonds or will abandon the
proposal to ~ssue said bonds.
This notice's given by order of the Coun-
cil of IGwa City, Iowa, as provided by Section
384.25 =f 'J-e Cib/Code of Iowa.
Dated :h~s _'29th day of ,January ,
1998.
City, Iowa
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
-~ $9,180,000 GENERAL OBLIGATION BONDS (FOR AN ES/$ENTIAL
· CORPORATE PURPOSE) OF SAID CITY, AND THE HE~ZING ON
'",.,THE ISSUANCE THEREOF /
PUBLIC NOTICE is hereby given that the Council of/the City of Iowa City, Iowa,
will hold a'gublic heating on the day of // ,1998, at
o'clock __.M)., in the Council Chambers, Civic Center, 4/14) East Washington Street, Iowa
City, Iowa, at W~h, ich meeting the Council proposes to ~fke additional action for the
issuance of $9,180,000 General Obligation Bonds for/an essential corporate purpose of
said City, in order to provide funds to pay costs of.tile acquisition of land for streets and
sewers; improvements to streets, bridges, sidewalks and public ways; the rehabilitation
and improvement of city parks; the reconstruction, extension and improvement of the
municipal airport; the reconstruction, improvement and repair of water works property;
and the reconstruction, extension, improvement and equipping of works and facilities for
the collection and disposal of surface waters and streams and detention facilities.
At the above meeting the C~ncil shall receive oral or written objections from any
resident or property owner of said Cit~, to the above action. After all objections have
been received and considered, the Couh~il will at this meeting or at any adjournment
thereof, take additional action for the issh0,nce of said bonds or will abandon the proposal
to issue said bonds. /
This notice is given by order of the Cou i~owa City, Iowa, as provided by
Section 384.25 of the City Code of Iowa.
Dated this day of ~ , 1998.
City Clerk of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 27th day of January ,1998.
ATTEST:
Mayor
!erk
-5-
Council Member Norton introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $620,000 OF GENERAL OBLIGATION
BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and
moved that the same be adopted. Council Member Thornberry seconded
the motion to adopt. The roll was called and the vote was,
AYES: Champion, Kubby, Lehman, Norton, O'Donnell,
Thornberry, Vanderhoef
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 98-21
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$620,000 OF GENERAL OBLIGATION BONDS (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general
corporate purpose project as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $620,000 as
authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, said City has a population of more than 5,000, but not more than
75,000, and the amount of said proposed bond issue is not more than $700,000.00; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the fight to petition for an election;
-6-
Revised 2/5/98 Resolution No. 98-21
NOW, THEREFOR.E, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, at ?:00 o'clock_p_.M., on the loth day
of February ,1998, for the purpose of taking action on the matter of
the issuance of not to exceed $620,000 of General Obligation Bonds, the proceeds of
which bonds will be used to provide funds to pay costs of the improvement and equipping
of the library, including the HVAC system and improvements to the South Side Soccer
Fields and shall bear interest at a rate not exceeding the maximum specified in the
attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than ten clear days before the date of said public meeting on the
issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-7-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIJ~ OF THE CITY
OF IOWA CITY, IOWA: /
Scion 1. That this Council meet in the Council Ch Civic Center, 410
East W~hii~on Street, Iowa City, Iowa, at ? :00 o'clocyp. M., on the ?Tth day
of ,}anua~ , 1998, for the purpose o/ftaking action on the matter of
the issuance ofn~t to exceed $620,000 of General Obligation Bonds, the proceeds of
which bonds will b~ used to provide funds to pay costs of the improvement and equipping
of the library, includ~l~g the HVAC system and improvements to the South Side Soccer
Fields and shall bear ~erest at a rate not exceed)fig the maximum specified in the
attached notice.~ //
Section 2. That Jerk is hereby
made of a notice of said mee'in a
language, published at least
publication to be not less than
issuance of said bonds.
to cause at least one publication to be
printed wholly in the English
having general circulation in said City, said
before the date of said public meeting on the
Section 3. The notice
substantially the following form:
/
/
/
action to issue said bonds shall be in
-7-
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATrER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $620,000 PRINCIPAL
AMOUNT OF GENERAL OBUGATION BONDS
(FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID
BONDS
Pu13~c Notice is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public heming on the 10th day of February, 1998,
at seven o'clock P.M., in the Council Chambers,
Civic Cente~. 410 East Washington Street, Iowa
City, Iowa, at which meeting the Council proposes
to take aclio~ for the issuance of not to exceed
$620.000 c~ General Obligation Bonds. bearing
interest at tt~e rate of not to exceed 9 per centurn
per annum, said bonds to be issued for the
purpose of providing funds to pay costs of the
improvement and equipping of the library.
including th~ HVAC system and improvements to
the South Side Soccer Fields.
This Notice is given by order of the
Council of tt~e City of Iowa City, Iowa, as provided
by Section 384.26 of the City Code of Iowa.
At at-~y time before the date of said meet-
ing. a I:et'~J<:~, asking that the question of issuing
such bcnds be submitted to the legal voters of
said C~y. r~ay be filed with the Clerk of said City
in the ma~.r~er provided by Section 362.4 of the
City Code c~ Iowa. pursuant to the provisions of
Section 384.26 of the City Code of Iowa.
Dated at Ic'wa City. Iowa. this 29~:h day of
January ,1998.
C,r.~erk cf Iowa City. Iowa
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISS
NOT TO EXCEED $620,000 PRINCIPAL AMOUNT OF
OBLIGATION BONDS (FOR A GENERAL
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council
hold a public heating on the day of
o'clock __.M., in the Council Chambers,
Street, Iowa City, Iowa, at which meeting the
issuance of not to exceed $620,000 of General
rate of not to exceed 9 per centum per annum,
providing funds to pay costs of the '
the HVAC system and improvements to the
,/
OF
PURPOSE),
of Iowa City, Iowa, will
,1998, at
410 East Washington
proposes to take action for the
ation Bonds, beating interest at the
! bonds to be issued for the purpose of
and equipping of the library, including
Side Soccer Fields.
This Notice is given by order of t,14e Council of the City of Iowa City, Iowa, as
provided by Section 384.26 of the Cit~/Code of Iowa.
/
At any time before the date 5~ said meeting, a petition, asking that the question of
issuing such bonds be submitted tffthe legal voters of said City, may be filed with the
Clerk of said City in the manner/0rovided by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of/~ction 384.26 of the City Code of Iowa.
Dated at Iowa City, l/6wa, this day of ,
1998.
City Clerk of Io~ax~City, Iowa
(End of Notice)
-8-
PASSED AND APPROVED this 27th day of January ,1998.
ATTEST:
City C~erk
Mayor
-9-
Council Member Norton inlxoduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION
BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and
moved that the same be adopted. Council Member Thornberry seconded
the motion to adopt. The roll was called and the vote was,
AYES: Champion, Kubby, Lehman. NOrton. O'Donnell,
Thornberry, Vanderhoef
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 98-22
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$700,000 OF GENERAL OBLIGATION BONDS (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general
corporate purpose project as hereinafter described; and, it is deemed necessary that it
should issue general obligation bonds to the amount of not to exceed $700,000 as
authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, said City has a population of more than 5,000, but not more than
75,000, and the amount of said proposed bond issue is not more than $700,000.00; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the
proposal to issue such bonds and the right to petition for an election;
-10-
Revised 2/5/98 Resolution No. 98-22
NOW, THEKEFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, at 7: fin o'elock_g__.M., on the 10th day
of February ,1998, for the purpose of taking action on the matter of
the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of
which bonds will be used to provide funds to pay costs of the construction of a new
Central Maintenance Facility for the Parks Division, and shall bear interest at a rate not
exceeding the maximum specified in the attached notice.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than ten clear days before the date of said public meeting on the
issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-11-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
'xSection 1. That this Council meet in the Council Chambers, Civic Center, 410
East W'aqhington Street, Iowa City, Iowa, at ?.on o'clock,,'i_.M., on the 27th day
of da~arv , 1998, for the purpose of?k?g action on the matter of
the issuanceX, pf not to exceed $700,000 of General Obligalaon Bonds, the proceeds of
which bonds ~,ili be used to provide funds to pay costs O~the conslxuction of a new
Central Mainten~ce Facility for the Parks Division, a~! shall bear interest at a rate not
exceeding the maximum specified in the attached notice.
Section 2. Clerk is hereby direct~o~i to cause at least one publication to be
made of a notice of said h~eeting in a legal newspaper, printed wholly in the English
language, published at !eas~once weekly, and.fiaving general circulation in said City, said
publication to be not less tha~ ten clear days before the date of said public meeting on the
issuance of said bonds. ~ .'
.'
Section 3. The notice of proposed action to issue said bonds shall be in
substantially the followin ,
-11-
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $700,000 PRINCIPAL
AMOUNT OF GENERAL OBUGATION BONDS
(FOR A ~i=NERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF SAID
BONDS
Pul:~c Notice is I~reby given that the
Council ot tl'te City of Iowa City. Iowa. will hold a
public heaHrtg on the 1 OUt day of February. 1998.
at seven o'cJock P.M.. in the Council Chamber.
Civic C, ente~'. 410 East Washington Street, Iowa
City. Iowa. at which meeting the Council proposes
to take action for the issuance of not to exceed
$700.000 ot General Obligation Bonds, bearing
interest at tJ~e rate of not to exceed 9 per centurn
per annum, said bonds to be issued for the pur-
pose of providing funds to pay costs of the con-
struction of a new Central Maintenance Facility for
the Parks Dwision.
~ Notice is given by order of the
Council of the City of Iowa City. Iowa. as provided
by Section 384.26 o! the City Code of Iowa.
At any time before the date of said meet-
ing. a pet'~don. asking that the question of issuing
such bcnds be submitted to the legal voters of
said City. may be filed with the Clerk of said City
in the ma~.r~er provided by Section 362.4 of the
City Cc_~e cf Iowa. pursuant to the provisions of
Secticn 384.26 of ,,he City Code of Iowa.
Dated at Iowa City, Iowa, this 29th day of
January ,1998.
Cil".v ~'rerk cf Iowa City, Iowa
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS (FOR A GENERAL CORPORATE PURP/~,SE),
AND HEARING ON ISSUANCE OF SAID BONDS
Public Notice is hereby given that the Council of the City of [O~,a City, Iowa, will
hold a publicOhearing on the day of / , 1998, at
o'clock .M., in the Council Chambers, Civic Center,/410 East Washington
Street, Iowa City~-owa, at which meeting the Council propos~ to take action for the
issuance of not to exceed $700,000 of General Obligation B/efnds, bearing interest at the
rate of not to exceed 9 per centum per annum, said bonds,]d~ be issued for the purpose of
providing funds to pay costs of the construction of a ne~,y'Central Maintenance Facility for
the Parks Division. ',, ~
This Notice is given"~( order of the Counci~of the City of Iowa City, Iowa, as
provided by Section 384.26 ofthe City Code of/~va.
At any time before the date of said me ,e, ting a, petition, asking that the question of
issuing such bonds be submitted to the legal ~;oters of said City, may be filed with the
Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa,
pursuant to the provisions of Section 384.26 of the City Code of Iowa.
Dated at Iowa City, Iowa, this
1998.
day of
Clerk of Iowa ,I°wa
City ~C~
(End of Notice)
-12-
PASSED AND APPROVED this ?7th day of January ,1998.
Mayor
ATTEST:
city~ ~
PGOODRICM 21 g 16\ i\10714046
-13-
March 1998 General Obligation Bond Issue - Listing of Projects.
1 Airport- Master Plan Improvements
2 Benton St (Ned Ashton) Park
3 Captain Irish Parkway-Phase Ill-ACT to Dodge
4 Court St Extended Phase I
5 Dodge St-Act/Old Dub Rd Intersection
6 Downtown Streetscape
7 Highway 1- Sunset Right Turn
8 Hwy 6-Left Turn at First
9 Iowa Ave. Streetscape
10 Iowa River Trail-Burlington to Napoleon Park
11 Library-HVAC
12 Montgomery/Butler House
Napoleon Park Renovation including Napoleon
13 Lane
14 Parks-Central Maintenance Facility
15 River Street-Riverside to WooIf
16 South Site Soccer Fields
17 Southgate Ave. Extension
18 Sycamore S. Regional Stormwater Detention
19 Water Front Drive-N. of Southgate Ave.
Willow Creek Trail-Bridge over Iowa River @
Napoleon Park
WooIf Ave Bridge
SubTotal
22 Issuance Costs
Grand Total
20
21
169,517
35,OO0
500,000
755,000
300,000
720,0O0
75,0O0
75,000
150,000
1,429,410
208,110
64,485
500,000
7OO,OOO
1,478,200
400,000
300,000
1,166,600
200,000
200,000
969,000
10,395,322
104,678
10,500,000
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
January 22, 1998
City Council and City Manager
1D9°9~8a I~ eYn~ailS 'O~il i~i oC~ D~ro~rss ue~~
There are three resolutions on the January 27, 1998 City Council agenda setting a public
hearing for February 10, 1998 for the combined authorization of up to $10,500,000 of General
Obligation (GO) bonds. The majodty of the projects listed on the attachment are for essential
corporate purpose projects which do not require a referendum vote. The Library - Heating
Ventilation Air Conditioning, Parks - Central Maintenance Facility, and the Southside Soccer
Fields are general corporate purposes and normally would require a referendum vote for these
projects if paid for from General Obligation bonds.
Section 384.26 of the City Code of Iowa allows cities to issue up to $700,000 in bonds for
projects that would normally require a referendum vote. Kenneth Haynie, bond counsel for the
City, has combined the Library - HVAC and the Southside Soccer Fields into one authorization
($620,000) and listed the Parks Central Maintenance Facility ($700,000) as another separate
project under Section 384.26 of the City Code of Iowa.
I am requesting authorization up to $10.5 million from the City Council. The City Council will be
reviewing these projects at the informal meeting on January 26, 1998.
ind~l- 1DY doc
FY 98 Capital Improvements Program - Funded from March 1998 General
Obligation Bond Issue
Project Description
I Airport- Master Plan Improvements
2 Benton St (Ned Ashton) Park
3 Captain Irish Parkway-Phase Ill-ACT to Dodge
4 Court St Extended Phase I
5 Dodge St-ActJOId Dub Rd Intersection
6 Downtown Streetscape
7 Highway 1- Sunset Right Turn
8 Hwy 6-Left Turn at First
9 Iowa Ave. Streetscape
10 Iowa River Trail-Burlington to Napoleon Park
11 Library-HVAC
12 Montgomery/Butler House
13 Napoleon Park Renovation including Napoleon Lane
14 Parks-Central Maintenance Facility
15 River Street-Riverside to Wooif
16 South Site Soccer Fields
17 Southgate Ave. Extension
18 Sycamore S. Regional Stormwater Detention
19 Water Front Dnve-N of Southgate Ave.
20 Willow Creek Trail-Bridge over Iowa River @ Napoleon
21 Wooif Ave Bridge
SubTotal
22 Issuance Costs
Grand Total
Feb/Mar '98
GO Bonds
169,517 Consent Agenda item d,2-Part of $9.180 million
35,000 Consent Agenda item d,2-Part of $9.180 million
500,000 Consent Agenda item d,2-Part of $9.180 million
755,000 Consent Agenda item d,2-Part of $9.180 million
300,000 Consent Agenda item d,2-Part of $9.180 million
720,000 Consent Agenda item d,2-Part of $9.180 million
75,000 Consent Agenda item d,2-Part of $9.180 million
75,000 Consent Agenda item d,2-Part of $9.180 million
150,000 Consent Agenda item d,2-Part of $9.180 million
1,429,410 Consent Agenda item d,2-Part of $9.180 million
208,110 Consent Agenda item d,3-Part of $620,000
64,485 Consent Agenda item d,2-Part of $9.180 million
500,000 Consent Agenda item d,2-Part of $9.180 million
700,000 Consent Agenda item d,4-Part of $700,000
1,478,200 Consent Agenda item d,2-Part of $9.180 million
400,000 Consent Agenda item d,3-Part of $620,000
300,000 Consent Agenda item d,2-Part of $9.180 million
1,166,600 Consent Agenda item d,2-Part of $9.180 million
200,000 Consent Agenda item d,2-Part of $9.180 million
200,000 Consent Agenda item d,2-Part of $9.180 million
969,000 Consent Agenda item d,2-Part of $9.180 million
10,395,322
104,678
10,500,000
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052
RESOLUTION NO. 98-23
RESOLUTION NAMING DEPOSITORIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City,
in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City
of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City
Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum
approved for each respective financial institution as set out below.
Depository
Name
Firstar Bank Iowa
NA
First National
Bank Iowa
Iowa State Bank &
Trust Co.
Hills Bank & Trust
Co.
Magna Bank, NA
Hawkeye State
Bank
Perpetual Savings
Bank, FSB
Norwest Bank
Iowa NA
U of I Credit Union
Brenton Bank
Location of Home Office
520 Walnut
P.O. Box 906
Des Moines, IA 50304
204 E. Washington St.
Iowa City, IA
52244-1880
102 S. Clinton St.
Iowa City, IA
52244-1700
131 Main Street
Hills, IA 52235
999 Home Plaza
Waterloo, IA
50701-3731
229 South Dubuque
Iowa City, IA 52240
P.O. Box 73850
Cedar Rapids, IA
52407-3850
666 Walnut St.
Des Moines, IA 50309
500 Iowa Avenue
Iowa City, IA
52244-2240
400 Locust St.
Suite 200
Des Moines, IA 50309
Local Location
222 Second Ave. S.E.
Cedar Rapids, IA
52401-1214
Same
Same
132 E. Washington St.
Iowa City, IA 52240
150 E. Court St.
Iowa City, IA
52240-4110
Same
301 S. Clinton St.
Iowa City, IA 52240
101 3rd Avenue SW
Cedar Rapids, IA
524O6
Same
150 First Avenue NE
Cedar Rapids, IA
52407-4708
Maximum Balance Maximum Balance
in effect under in effect under
prior resolution this resolution
$25,000,000.00 $25,000,000.00
5,000,000.00 $ 15,000,000.00
$18,000,000.00 $18,000,000.00
$15,000,000.00 $15,000,000.00
$15,000,000.00 $15,000,000.00
$10,000,000.00 $10,000,000.00
$10,000,000.00 $10,000,000.00
$35,000,000.00 $35,000,000.00
$5,000,000.00 $10,000,000.00
$5,000,000.00 $5,000,000.00
Passed and approved this 27th
day of J~ry
A~._,.~ved by ~
City Attorney's Office
A TT E S T: ,,~..,~..~¢.~..~ "~. ':'~/~y.//J/'
CITY'~LERK
fintreas~Jefiosit .res
Resolution No. 98-23
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)354-5044
RESOLUTION NO. 98-24
RESOLUTION ACCEPTING THE WORK FOR THE
IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Iowa City Library Roof Replacement Project, as included in a contract between the City of
Iowa City and Jim Giese Roofing of Dubuque, Iowa, dated August 13, 1997, 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 THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 27th
day of January , 1998.
Approved by
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
the Resolution be
pwe~g~es~Jil~ool.doc
CITY OF I0 WA CITY
ENGINEER'S REPORT
January 27,1997
Honorable Mayor and City Council
Iowa City, Iowa
Re: Iowa City Library Roof Replacement Project
Dear Honorable Mayor and Councilpersons:
The design engineering firm Van Winkle-Jacob Engineering, Inc. represents that
the construction of the Iowa City Library Roof Replacement Project has been
completed in substantial accordance with their plans and specifications. The
final contract price is $135,805.50.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
Prepared by: Kim Johnson, Pub&= Wo~s {)eftatinting, 410 E. Washingtrot St., iowa City, IA 52240 (319}356-5139
RESOLUTION NO. 98-25
RESOLUTION ACCEPTING THE WORK FOR THE SHERIDAN AVENUE
SANITARY SEWER BYPASS PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Sheridan Avenue Sanitary Sewer Bypass Project, as included in a contract between the City
of Iowa City and Midwest Construction and Crane Service, Inc. of Anamosa, Iowa, dated
August 5, 1997, 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 THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 27th day of
January , 1998.
Approved by
City Attorney's Office
It was moved by Norton
adopted, and upon roll call there were:
and seconded by Thornberry
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
the Resolution be
pweng\res\sheridan.doc
Van Winkle-Jacob Engineering, Inc.
2570 Holiday Road, Suite 10
Coralville, Iowa 52241
319-338-4939
January12,1998
City of Iowa City
ATI~: Jim Schoenfelder
Public Works
410 E. Washington
Iowa City. IA 52240
RE: Library Roof
Dear Jim:
Attached are three copies of the final Pay Application #4 for the Library Roof project. All of
the punch list items on my Dec. 18 letter have been completed. The Contractor was on site
Wednesday, January 8 to finish them.
Attached with the application are the Contractoffs Sales Tax statements, lien waivers, 2 year
Contractors' warranties for the roofing and sheet metal as well as the metal manufacturer's 20
year non-fade warranty. We previously sent the roof membrane manufacturer's warranty to you.
We recommend acceptance of the project and that the City pay the final retainage.
Please contact me if there are any questions or comments.
Sincerely,
Darrell L. Smith, P.E., RRC
Van Winkle-Jacob Engineering, Inc.
cc ' Sue Craig w/o enclosure
97-622
ENGINEER'S REPORT
CITY OF I0 WA CITY
January 16,1998
Honorable Mayor and City Council
Iowa City, Iowa
RE: Sheridan Avenue Sanitary Sewer Bypass Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Sheridan Avenue Sanitary Sewer
Bypass Project has been completed in substantial accordance with the plans
and specifications prepared by Shive-Hattery, Inc. except for certain landscaping
and restoration features which will not be paid for under this contract. The City
will arrange to complete this work in the spring. The project is fully operational
and the required performance and payment bonds are on file in the City Clerk's
Office.
The final contract price is $177,107.25.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely, .
Richard A. Fosse, P.E.
City Engineer
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319~356-5246
Resolution No. 98-26
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO A'n'EST A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1714 DEFOREST STREET,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Statement of Life Lien in the
amount of $3,454.00, executed by the owner of 1714. DeForest Street on June 7, 1991, and
recorded on June 28, 1991 in Book 1249 Page 171 in the Johnson County Recorder's Office
covering the following described real estate:
Lot eighty-eight (88) in Block five (5) in Third Highland Development Addition to Iowa
City, Iowa, according to the Plat thereof, Recorded in Plat Book 4, Page 314, Plat
Records of Johnson County, Iowa,
WHEREAS, the balance of the City's lien totals $3,454.00; and
WHEREAS University of Iowa Community Credit Union, Iowa City, Iowa has refinanced the first
mortgage on December 19, 1997 in the amount of $45,000 to the owner of 1714 DeForest
Street and to secure the loan by a mortgage covering the real estate described above; and
WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the
lien of the proposed mortgage in order to induce University of Iowa Community Credit Union to
make such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien of said
mortgages to the University of Iowa Community Credit Union; and
WHEREAS, there is sufficient value in the above described real estate to secure said lien as a
second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and University of Iowa Community
Credit Union, Iowa City, Iowa.
Passed and approved this
27th day of
January ,1998.
Approved by
City Attomey's Office
plx~ehab'~'es\ 1714def.doc
Resolution No. 98-26
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City. of Iowa City, herein the City, and
15xi~sity c~ Io~a Onaax~ty Credit I~cn
of~ [o,a ciL'v, Ic'-~ . herein the Finar~:ial Institution.
WHEREAS. the City is the owner and holder of a certain Stal:ere~ of LJ~e Lt~
which at this time am in the amount of $ 3,454.CD and were executed by
~ ~. Ft]l,lp,r (herein the Owner), dated .ire 7. 1991
19 91 , recorded Jcme 28. . 1991 , in Book 1249 , Page 171
through , Johnson County Recorder's Office, coveting the following described rea~
~88, m~ck 5,
kkliticn b3 Icma City, I~, mr~ to
314, Plat Rscu~ds of Jolx~n 0~, Icma.
WHEREAS, the Financial Institution proposes to loan the sum of $ 45,030.00 on a
promissory note to be executed by the Fu~ancial Institution and the Owner. securing a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial InstitulJon to make such loan, it is necessary that the StaLu,e=~L of
LLfe TJ.m held by the City be subordinated to the lien of the mortgage proposecl to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution
that the above noted sLat,=u,-,~L rf T.i._r-,~ T.i~w"j held by the City is and shall continue to
be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
SUBORDINATION AGREEMENT Page 2
Consideration. The City acknoMedges receipt from the Financial Institution of One
Hundred and F'dty Dollam ($150.00) and other good and valuable consideration for its
act of subordinalion herein.
Senior Mo~t~3ge. The mo~gage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the SCat~,u~ (~ ~ Li.a'~ of the City.
Binding Efla~-1. This agreement M~all be binding upon and inure to the benefit of the
respective heirs, legal mpeesen~'~es, successors, and assigns of the parties hereto.
Dated this 19~h day of ~ . 19 97
C~F IOWA CITY ,~ FINANCIAL INSTITUTION
R. Td~11~/AS~--'~_..~t~Ql~. Vice
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this 27 ~ t day of -3~.,~,.~,-,f . 199~, before me. the undersigned, a
Notary Public in and for ~he 5rate o1' Iowa. personally appeareel
/'_-qr,,~<-} /.~. L4k~,.~,- and Marian K. Karr. to me personally known. and. who.
being by me duly swom, did say that Ihey are the Mayor and City Clerk, respectively. of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument i~ the corporate seal
of the oorl~rafion, and that the ine~ument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (O~difi;mce).(Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No. --___ of the
City Council on the 27 '~ day of .':~'c,,~,.,,-,~-,j, . t9 q~ , and that
~"cq-~+ ~-) /~,/?~,¢,-rt and Marian K. Kan' a~knowledged the execution of the
i~strument 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
SUBORDINATION AGREEMENT Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 19~ day of Da3a~ , A.D. 19 cj7 . before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
:l'r~lc] R. N=11.,=: and K~m .~]Ja~ . to me personally known, who
being by me duly sworn, did say that they are the ,]~-,~-,~,~ V-i_'_n= P[~s~ and
Seo3~ ~ Pt-es~ . respeclively, of said corporation. ext-,curing the within and
foregoin9 inatmment to which Ihi~ ia altaclta~ that ~aid instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and that the said
~ vi~ Pm~_'da~ and ~ '.v~._ ~-~[da~. as such officers
acknowledged the execution of said ~t to be I!~ voluntary act and deed of said
corporation, by it and by them voluntmay executed.
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Resolution No. 98-27
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND AMERUS BANK, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 814 RUNDELL STREET, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement, a
Promissory Note and a Mortgage in the amount of $30,000.00, executed by the owners of
814 Rundell Street on November 24, 1993, and recorded on April 8, 1994 in Book 1729,
Page 214 through Page 225 in the Johnson County Recorder's Office covering the
following described real estate:
Lot 3 in Block 8 in Rundell, Johnson County, Iowa, according to the recorded plat
thereof,
WHEREAS, the balance of the City's lien totals $30,000.00; and
WHEREAS AmerUs Bank, Coralville, Iowa proposes to give a home equity loan in the
amount of $20,626.95 to the owners of 814 Rundell Street and to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to
the lien of the proposed mortgage in order to induce AmerUs Bank to make such a loan;
and
WHEREAS, AmerUs Bank has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgages to the
AmerUs Bank; and
WHEREAS, there is sufficient value in the above described real estate to secure said lien as
a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
attached subordination agreement between the City of Iowa City and AmerUs Bank,
Coralville, Iowa.
Passed and approved this 27th day of
January ,1998.
CITY-CLERK
pixlreha bVes~am~xl.doc
Approved by
City Attorney's Office
Resolution No. 98-27
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Th0rnberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
JAN-OS-98 12:17 FROH:CiCy of IOWA CITY ID:3193565OO5 PAGE 2
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
AmerU.~ Bank
Of Des Moines . herein the Financial Institution.
promissory note,
WHEREAS, the C~y is the owner and ho~er of a certain reha~i ] i ~.ati on agrcc,u;n~. mortgag
which at this time are in the amount of $ 30,000 and were executed by
nrad]ey and r)phor~h Gill;in(herein the Owner), dated November 24, 1993 .
19 93 , recorded Aoril 8 , 19 94 , in Book 1729. Page 214
through ..225 . Johnson County Recorder's Offw, e, covering the following de$c~bed real
property:
Lot 3 in Block 8 in Rundell, Johnson County, Iowa, according to
the recorded plat thereof.
WHEREAS, the Financial Institution proposes to loan the sum of $ 20. 626.95 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan. it is necessary that the
promissory noCe, _ ._
,.. nezq by the City be subordinated to the lien of the mortgage proposed to be
rehabilitation ~.re. emen_,
~ortgage maoeoy~ne ~-~nanc4al Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
1. Subordination. The,~m ~ y~ec~t.s ,r~ ~' itg~ Fj '~R titution
be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
JAN-OS-98 12, 17 FROH:CiL¥ of IOWA CITY ID=3193565009 PAGE 3
SUBORDINATION AGREEMENT
Page 2
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its
act of subordination herein.
~enior Mortgage. The mortgage inD~rs~o~ ~'~r~cial Institution is ~y
ac~o~edg~ as a I~n su~dor to ~ehabi~it~tion- ' of ~e C~.
agreement, mortgage
Bindi~ E~ Th~ ag~nt shall ~ bind~g u~n a~ inure to ~e ~ of ~
res~e ~m, I~al m~n~, ~~m, and a~ns of the ~s here~.
Dated this ~?~k day of ?~n~c~ , 19 q~ _.
C[_TY OF IOWA CITY .., ,,,
Mayor
- By
FINANCIAL INSTITUTION
By
Affest:
led(
_C:ITY'S ACKNOWLEDGEMENT
STATE OF IOWA
JOHNSON COUNTY
On this j-7 '"£ day of
Notary Public in and
'~.~,,,:. ~-~ 199t. before me. the undersigned, a
for the State 'of Iowa. personally appeared
and Marian K. Karr, to me personally known. and. who.
being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the
City of Iowa City, Iowa; that the seal aff'rxed to the foregoing instrument is the corporate ~eal
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 (Ordi~.9;n¢~ (Resolution) No. ~- - ~3 7
passed (the Resolution adopted) by the City Council, under Roll Call No. of the
City Council on the ~7 ~- day of ~J¢~,,:~,~ , lg ~, , and that
~ cn~';-{ /~. /_-~J~.~,~ and Marian K. Ka~ 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
JAN-OS-90 12, 10 FROH:CiLy of 10UA CITY ID,3193565009 PAGE
SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA )
) SS:
JOHNSON .COUNTY )
On thin ~ day of ~.~,~-t :_~-~. , A.D. 19'~ , ~fore ~, ~e
undemigned, a No~ Pu~ in a~ ~r ~e ~ of I~, ~nal~ ap~a~
~* ~ ~- ~*~ a~ -- . . to~ ~onally ~o~, ~o
~i~ by ~ duly sworn. d~ ~y ~ ~ey am ~ ~A ~~/~,~ a~
, ~ely, of ~ ~mfion ex~ ~e ~in and
for~oi~ in~nt ~ ~ich ~ ~ a~ch~ ~ ~ in~nt was s~d a~ ~a~
on behalf ~ said corporation by authority of its Board of Directors; and that the said
/lt~.,~ I L~,,<~ and . '- as such officers
acknov;'ledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
FEBRUN~ ~, ~X)0 N in he
State of Iowa
Prepared by: Liz Osborne, CD 'Dwision, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-28
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'R'EST THE RELEASE OF A UEN REGARDING A REHABIUTATION
AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE
PROPERTY LOCATED AT 2219 H STREET, IOWA CITY, IOWA
WHEREAS, on June 3, 1993 the property owner of 2219 H Street, received a five year no
interest Mortgage in the amount of $2,390.00 from the City of Iowa City; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the loan was satisfied on December 1, 1997; and
WHEREAS, the lien needs to be released.
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 2219 H
Street, Iowa City, Iowa from the five year no interest Mortgage, Promissory Note, and
Rehabilitation Agreement recorded on August 3, 1993 in Book 1592, Page 257 through Page
268 of the Johnson County Recorder's Office.
Passed and approved this 27th day of
January ,1998.
ATI'EST:ci~ERK
Approved by
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
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 legally described as follows:
The east fifty (50) feet of the west one hundred (100) feet of lot one (1) and the east fifty
(50) feet of the west one hundred (100) feet of the north thirty (30) feet of lot two (2) in
block eight (8), East Iowa City, an addition to Iowa City, Iowa, according to the recorded
plat thereof, subject to easements and restrictions of record,
from an obligation of the property owner, L. Jean Mahanna, to the City of Iowa City in the
principal amount of $2,390.00 represented by a five year no interest Mortgage, a Promissory
Note, and a Rehabilitation Agreement recorded on August 3, 1993 in Book 1592, Pages 257
through 268 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded documents.
Approved by
City Attorney's
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this ~:?¢4 day of ~ .....
._ ~.~,- A.D. 19 ~,- before me, the under-
signed, a Notary Public in and for s~id County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. c/~._~,, adopted by the City
Council on the _27 ~- day .c '----~-c,~ , 19 '~ and that the said Ernest W.
Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
plxhehab'~mahanrl.doc
Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Resolution No. 98-29
RESOLUTION AUTHORIZING THE MAYuH I U ~IGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION
AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE
PROPERTY LOCATED AT 712 WALNUT STREET, IOWA CITY, IOWA
WHEREAS, on October 28, 1994, the property owner of 712 Walnut Street executed a 10-year,
low interest loan in the amount of $9,966.00 through the City's Exterior Repair Program, and
WHEREAS, this document created a lien against the property; and
WHEREAS, the balance of the note was paid off on January 15,1998; and
WHEREAS, the lien needs to be released.
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 712
Walnut Street, Iowa City, Iowa from the Rehabilitation Agreement recorded on June 21, 1994, in
Book 1768, Page 76 through Page 79, and the Promissory Note and the Mortgage recorded on
November 8, 1994, in Book 1834, Pages 8 through Page 15 of the Johnson County Recorder's
Office.
Passed and approved this
27th day of January ,1998.
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Approved by
City Attorney's Office
ThornhPrry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
ppdrehab~x~\712win rs.cloc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 1319}356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 714 Walnut Street, Iowa City, Iowa,
and legally described as follows:
The West 20 Feet of Lot 7, excepting the North 80 feet thereof; and all of Lot 8,
excepting the North 80 feet thereof; all in Block 1, of Borland's Place, Iowa City, Iowa,
according to the plat thereof recorded in Book 1, Page 41, Plat Records of Johnson
County, Iowa,
from an obligation of the property owner, Lizabeth A. Gehring, to the City of Iowa City in the
principal amount of $9,966.00 represented by the Rehabilitation Agreement recorded on June
21, 1994 in Book 1768, Page 76 through Page 79, and the Promissory Note and the Mortgage
recorded on November 8, 1994 in Book 1834 Page 8 through Page 15 of the Johnson County
Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded documents.
ATTEST:
Approved by
City Attorney's
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
On this
day of ~_ _*.,~.~-ff , A.D. 19 E~' , before me, the under-
signed, a Notary Public in and for said~County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No..~,.c;, .=~,f , adopted by the City
Council on the ~7 ~- day ~ Jc,,,,,¢,r-..~1 , 19 ~ and that the said Ernest W.
Lehman and Marian K. Karr as such officer'S'acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
plxlre~tab~,714wlnrl.doc
Notary Public in and for Johnson County, Iowa
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 98-30
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RELEASE CONCERNING THE SUBDIVlDER'S OBLIGATIONS UNDER
THE CONDITIONAL ZONING AGREEMENT AFFECTING LOT 23, WEST SIDE PARK,
IOWA CITY, IOWA AND TO EXECUTE AND ATTEST AN AGREEMENT REGARDING
THE PRIVATE SANITARY SEWER SYSTEM FOR THE SAME PROPERTY
WHEREAS, the Conditional Zoning Agreement for the conditional rezoning of the area known
as West Side Park, Iowa City, Iowa, required the developer to dedicate walkway easements
and establish an escrow for construction of public walkways within the development; and
WHEREAS, said dedication and escrow requirements have been met. and a release of the
obligations thereunder is now appropriate to remove a cloud on the title to Lot 23, West Side
Park; and
WHEREAS, additionally, the sanitary sewer system as constructed on Lot 23 does not meet
City specifications in that two buildings share a common sewer conduit before connecting to
the public sanitary sewer system; and
WHEREAS, the Department of Public Works is agreeable to the constructed design provided
appropriate provisions are made for the maintenance and repair of said service lines and
shared conduit; and
WHEREAS, it is in the public interest to release Lot 23 from the lien created as a result of the
Conditional Zoning Agreement and to provide by agreement for the maintenance and repair of
the constructed pdvate sanitary sewer system on the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council finds it is in the public interest to release Lot 23, West Side Park from
the lien created as a result of the Conditional Zoning Agreement and to provide by
agreement for the maintenance and repair of the constructed pdvate sanitary sewer
system on the subject property.
The Mayor is hereby authorized to sign and the City Clerk to attest the Conditional
Zoning Agreement Release and Pdvate Sanitary Sewer Agreement attached hereto and
incorporated herein, and the City Clerk is hereby authorized and directed to certify a
copy of this Resolution for recordation in the Johnson County Recorder's Office together
with the attached documents, said recording expense to by paid by Smith-Moreland
Properties.
Resolution No.
Page 2
98-30
It wasmovedby Norton and seconded by
be adopted, and upon rollcall ~erewere:
Thornberry
the Resolution
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thomberry
Vanderhoef
Passed and approved this ?7th
day of January , 1998.
MAYOR
Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
RELEASE REGARDING CONDITIONAL ZONING AGREEMENT REQUIREMENTS
Date: January 21, 1998
WHEREAS, the City of Iowa City, Iowa, a municipal corporation ("City") and Smith-Moreland
Properties, and Iowa General Partnership, and West Side Company, an Iowa corporation,
("Owners") entered into a Conditional Zoning Agreement recorded in the Office of the County
Recorder, on September :23, 1991, in Book 1281, Page 179; and
WHEREAS, the City Engineer has verified that the Owners have dedicated the necessary
walkway easements and established appropriate escrow accounts to allow for the
construction of a six-foot wide concrete sidewalk located within the dedicated easements as
agreed to in the Conditional Zoning Agreement, and thus the issuance of a release is now
proper under said Conditional Zoning Agreement.
NOW THEREFORE, in furtherance of said Conditional Zoning Agreement, the City of Iowa City
hereby releases the following-described property in Iowa City, Johnson County, Iowa:
Lot 23, West Side Park, Iowa City, Iowa
from the liens or clouds upon the title placed thereon by the Conditional Zoning Agreement
between the City, Applicant and Owner, which agreement was recorded in the Office of the
County Recorder, Book 1281, Page 179, to the extent that said Agreement created liens to
insure the dedication of a walkway easement and/or an escrow providing for the construction
of a six-foot concrete sidewalk. This release specifically excludes any of the requirements of
the Subdivider's Agreement relating to sidewalks.
The City of Iowa City, Iowa
BY:ayo~rj~'
Attest:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this P-~'/~ day of ~"-~(~'~1 , 19 c~, before me, the undersigned, a
Notary Public in and for said County, in ~aid State, personally appeared Ernie Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority
of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said municipal corporation,
by it and by them voluntarily executed.
G :~zlet a\cadata~e~l~sa~a~landuse~wsokcza.rel
Notary Public in and for Johnson County
Prepared by: Sarah E. Holm:ek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
PRIVATE SANITARY SEWER AGREEMENT
This Agreement is made by and between Smith-Moreland Properties, an Iowa General
Partnership, and B.W.C. Farms, Inc., an Iowa Corporation, (hereinafter collectively "Owner"),
and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City").
WHEREAS, B.W.C. Farms, Inc., and Smith-Moreland Properties are the owners of Lot 23, West
Side Park, Iowa City, Iowa; and
WHEREAS, pursuant to the site plan containing an 8-plex (1001 West Side Ddve) and 12-plex
(1025 West Side Drive) condominium development on said lot, the sanitary sewer service lines
serving both the 8-plex and 12-plex buildings connect to a pdvate conduit before connecting
to the public sanitary sewer service main; and
WHEREAS, due to the shared conduit, said sanitary sewer service design does not comply with
City specifications and standards for service line development which require a separate and
independent sanitary sewer service line for each building; and
WHEREAS, provided appropriate provisions for the maintenance and repair of said service
lines and shared conduit are made, the Department of Public Works is agreeable to the
constructed design; and
WHEREAS, the parties wish to make appropriate provisions for the maintenance, repair,
service and reconstruction of said individual service lines and shared conduit.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Smith-Moreland Properties, and B.W.C. Farms, Inc., as the owners of Lot 23, in
consideration of City approval of the constructed sanitary sewer service and shared conduit
design, hereby agree and acknowledge that said Owners, their successors in interest and
assigns, shall be entirely responsible for the excavation for and the installation, replacement,
repair, maintenance and service, reconstruction and use of such individual sanitary sewer
service lines, pipes, mains and conduits and the shared sanitary sewer conduit extending
between the condominium buildings located on Lot 23, West Side Park, Iowa City, Iowa, (1001
West Side Ddve and 1025 West Side Ddve), and connecting the public sanitary sewer system
by established manhole at the rear of said lot.
The parties hereto acknowledge and agree that the entirety of said sanitary sewer
service system extending between the public sanitary sewer system and the above-referenced
buildings is considered a pdvate service line system outside of the public sanitary sewer
system. The parties hereto further acknowledge and agree that the City of Iowa City shall have
no obligation, duty or requirement for the installation, replacement, repair, maintenance and
service, reconstruction and use of such individual sanitary sewer service lines, pipes, mains
and conduits and the shared sanitary sewer conduit extending between the condominium
buildings located on Lot 23, West Side Park, Iowa City, Iowa, (1001 West Side Ddve and 1025
West Side Ddve), and connecting the public sanitary sewer system by established manhole at
the rear of said lot.
The Owner shall indemnify the City against any loss and damage which shall be caused
by the negligent use, construction, reconstruction, repair, maintenance, service and use of said
pdvate sanitary sewer system by the Owner or its agents or employees in the course of their
employment.
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 dght to enter into this covenant
and agreement and thereby encumber it or any part thereof.
This agreement shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto. All covenants shall be deemed to apply to and run with the title to
the land.
SIGNED this
day of January, 1998.
SMITH-MORELAND PROPERTIES, an Iowa
Gene. r. al Partnership ,, ..~
John W. Moreland, Jr., General Partde
·
B.W.C. FARM~' i ., an Iowa Corporation
David E. Carpenter. Vice President
Approved by: / ,,,
City ,4jttom~y~s-'(~tice ~
CITY OF IOWa CITY, IOWA,
a munici. paf~rporation __~/~
Ernie Lehman, Mayor
Marian K. Karr, City Clerk
STATE OF IOWA )
)SS
JOHNSON COUNTY )
On this ~_/~r
day of Janua~/, 1998, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared John W. Moreland, Jr., to me personally known, who
being by me duly sworn did say that he is one of the general partners of Smith-Moreland
Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners; and the partner acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the partnership it and by the partner
voluntarily executed.
,,.,~. ~:~
,. ~ 7, ~8
STATE OF IOWA )
) SS:
JOHNSON COUNTY
On this.~.,~.Uday of January, 1998, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared David E. Carpenter, to me personally known, who
being by me duly sworn, did say that he is the Vice-President, of B.W.C. Farms, Inc.; that no
seal has been procured by the said corporation; that said instrument was signed on behalf of
said corporation by authority of its Board of Directors; and that the said David E. Carpenter as
such officer, acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation by it and by him voluntarily executed.
Notar~ Public in and~or the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _J 7 day of January, 1998, before me, the undersigned, a Notary Public in nd
for said County, in said State, personally appeared Ernie Lehman 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 said Ernie Lehman 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 Douglas Boolhroy, Hsg. & Insp. Serv., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 98-31.
RESOLUTION DESIGNATING MAGGIE GROSVENOR AS PROJECT
OFFICER FOR THE TENANT TO OWNERSHIP PROGRAM AND
AUTHORIZING HER TO SIGN PURCHASE AGREEMENTS SUBJECT TO CITY
COUNCIL APPROVAL.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
(ICHA) and the Department of Housing and Urban Development has approved the ICHA's Tenant
to Ownership Program (TOP) under Section 5(h) of the implementing agreement; and
WHEREAS, Maggie Grosvenor is the Housing Administrator of the Iowa City Housing Authority
and is the direct supervisor of the operations of the Iowa City Housing Authority; and
WHEREAS, the Tenant to Ownership Program will require that the City enter into purchase
agreements for the sale of City-owned public housing units with persons qualifying as purchasers;
and
WHEREAS, Maggie Grosvenor should be authorized to execute said purchase agreements on
behalf of the City in order to expedite the work necessary prior to closing as long as said
agreements are contingent on City Council approval and the holding of a public hearing on the
disposition of the property pursuant to Section 364.7 of the Iowa Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Maggie Grosvenor is hereby appointed as Project Officer for the Tenant to Ownership
Program.
Maggie Grosvenor is hereby authorized to execute purchase agreements on behalf of the
City for the sale of City-owned public housing units under the Tenant To Ownership
Program on the condition that said agreements provide that they are contingent on City
Council approval and the holding of a public hearing on the disposition of the property
pursuant to Section 364.7 of the State Code.
Passed and approved this 27th
CI~RK
hisa~minVes~.doc
day of January ,1998.
A~ved by
City Attomey's Office
Resolution No. 98-31
Page 2
It was moved by No~'ton and seconded by
adopted, and upon roll call there were:
Thornbe~'r~v the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319! 356-5243
RESOLUTION NO.
RESOLUTION APPROVING PREUMINARY AND FINAL PLAT OF RESUBDIVISION OF
OUTLOT A, W.Bo DEVELOPMENT, IOWA CITY, IOWA.
WHEREAS, the owner, Jeffery Maxwell, filed with the City Clerk the final plat of
resubdivision of Outlot A, W.B. Development, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Outlot "A", W.B. Development, Iowa City, Iowa as recorded in Book 36, at
page 1 1 8, in the Office of the Johnson County Recorder.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made
with the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1997) 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 final plat and subdivision located on the above-described real estate be and
the same are hereby approved.
2. The City accepts the dedication of easements as provided by law.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The City Clerk shall record the legal
documents and the plat at the office of the County Recorder of Johnson County, Iowa
at the expense of the owner/subdivider.
Resolution No.
Page 2
Passed and approved this
day of
,1998.
A'I-rEST:
CITY CLERK
MAYOR
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thombern/
Vanderhoef
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. 98-32
RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF
WESTCOTT HEIGHTS, JOHNSON COUNTY, IOWA.
WHEREAS, the owners, James R. Anderson, Stephen T. Bender and Thomas J.Bender, filed
with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of
Westcott Heights; 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 Westcott Heights, Johnson County, Iowa, is hereby approved.
2. 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 27th day of January , 1998.
ATTEST: ,~.~.,~,~,~ ~. ~
CITY~CLERK
i~odadmm~res~ westcot t. wp5
Resolution No. 98-32
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
O' Donne11 the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB97-0017. Westcott Heights Prelim. Plat
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
Prepared by: Scott Kugler
Date: November 6, 1997
James R. Anderson
Thomas J. Bender
Stephen T. Bender
44 Sturgis Corner Dr.
Iowa City, Iowa 52240
Phone:351-3355
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary plat approval.
To create a ' 31-lot residential
subdivision.
On the west side of Prairie du Chien
Road, approximately % mile north of
Newport Road.
84.6 acres
Vacant; RS
North:
East:
South:
West:
Agricultural, A1;
Residential, A2;
Residential, Agricultural, A1;
Undeveloped, RS.
The Fringe Area Agreement permits
residential development on a case-by-
case basis within Fringe Area A
provided that at least 50 percent of the
property is set aside as open space.
Chapter 14-7, Land Subdivisions
July 17, 1997
45-day limitation period:
Waived indefinitely
BACKGROUND INFORMATION:
The applicants, James Anderson, Thomas Bender, and Stephen Bender, are requesting
preliminary plat approval of Westcott Heights, an 84.6 acre, 31-1ot residential subdivision
located on the west side of Prairie du Chien Road, approximately % mile north of Newport
Road. This property is zoned RS, Suburban Residential. The Commission reviewed an
previous plat for this property earlier this year. At that time, the plat included 109.6 acres
and 46 proposed building lots. However, the Johnson County Health Department had some
concerns about the proposed design, and the Board of Supervisors expressed concerns about
the number of lots accessing Prairie du Chien Road in the location proposed. The applicant
requested an indefinite deferral to address these concerns, and submitted the revised plat
now under consideration.
ANALYSIS:
Preliminary Plat Review: The proposed preliminary plat contains a few deficiencies that will
need to be addressed to bring it into technical compliance with the City's subdivision
regulations. These items are listed below under Deficiencies and Discrepancies. Staff
recommends deferral until these corrections are made to the plat.
The plat illustrates a total of 31 building lots and eight outlots. The building lots are generally
clustered along the roadways at the top of a number of ridges contained on the property, and
Outlots A, B, F, and H contain a number of steep, wooded ravines and drainageways.
Outlots C, D, and E are remnant parcels along Prairie du Chien Road and Westcott Drive.
Outlot G is being reserved for a possible future right-of-way to the south. The Fringe Area
Agreement requires that development of RS property include provisions for setting aside 50
percent of the property for open space or agriculture. Information contained on the plat
indicates that over 50 percent will remain for open space. These figures include unpaved
portions of street right-of-ways as open space, as permitted by the County, as well as the
remnant parcels mentioned above. The property contains slopes of over 25 percent and
Sanders Creek, requiring the approval of a grading plan prior to Council consideration of the
plat.
City Rural Design Standards: The Fringe Area Agreement requires that City Rural Design
Standards be followed for residential development within Fringe Area A. The typical road
cross-section shown on the plat indicates that the roadways will meet these standards. A 60
foot right-of-way is required, as well as a six inch rolled stone base with a chipseal surface.
Given that there is only one access point for this subdivision, and that the roadways are likely
to see a moderate level of traffic (31 lots with an estimated 10 vehicle trips per day equals
approximately 310 trips per day), staff feels following the specified standards is very
important in this situation.
Emergency vehicle access to all lots within the subdivision is also a concern. The City Rural
Design Standards require a letter from the appropriate fire service district (Solon) indicating
that the street layout, proposed fire hydrants and water pressure will all be acceptable. This
letter has not yet been received. No fire hydrants are being proposed on the plat, and
3
discussions with the Solon fire chief indicate that hydrants are probably not practical in this
situation given the water source and the size of the water lines. Rather, tanker trucks would
be used as a water source in the event of a fire.
Secondary Access: This development appears to be within the City's secondary access
guidelines, despite the long cul-de-sac situation being proposed. The projected 310 vehicle
trips per day would fall within the threshold established for a local street of 500 trips per day.
The way the lots are being arranged, only one lot, Lot 1, abuts the portion of the street
system that will experience all of this traffic. Staff recommends that vehicular access to Lot
1 come from the proposed West Berry Drive, which should carry less traffic, rather than
Westcott Drive. This restriction is shown on the plat.
The plat contains three potential street connections to adjacent properties. The future
connection to the south between lots 25 and 26 would allow for circulation between this
development and any future development on the property to the south, and may be an
opportunity to achieve a second means of access to the subdivision. When the previous
version of this plat was being reviewed, staff recommended that an easement or right-of-way
be reserved to allow this connection. The legal papers should indicate that there is a public
access easement over Outlot G, which would allow a subdivider to the south to construct a
roadway in this location when needed.
The two stub streets at the west end of the property lead to the 2§ acres that was removed
from this application as a result of revisions to the plat. The future extension of these streets
would allow a development similar to that initially proposed. Since the Board of Supervisors
has expressed concerns over such a development, it may be advisable to specifically stipulate
in the legal papers the conditions upon which these streets may be extended, such as upon
the establishment of a second street connection to Prairie du Chien Road, or upon a
determination that the intersection of Westcott Drive and Prairie du Chien Road is adequate
to accommodate the additional traffic that would be generated by additional development.
This information will be passed on to the County staff, who may wish to ensure that the legal
papers associated with this plat contain those stipulations. One of the reasons the Board
was concerned about the earlier concept plan was because of the single access onto Prairie
du Chien at a point where the sight distance meets the minimum acceptable standards for the
posted speed limit, but where actual speeds appear to be higher.
Storm Water Management: The plat contains one storm water management facility
easement. As with most County subdivisions, the installation of the facility will not occur
immediately, but preliminary calculations and easements are required, and the legal papers
should note the conditions upon which the City can require the construction of the basins in
the future if necessary. Currently, there is no provision for access to the easement area, and
many areas of the subdivision do not drain to the area where the easement is located. Public
Works is reviewing the most recent plat and should approve the location of the storm water
management facility and preliminary drainage calculations prior to the Commission's vote on
this item.
Prairie du Chien Road Improvements: The County Engineer has indicated that improvements
to Prairie du Chien Road south of Newport Road are programmed for fiscal year 1998. A
survey for the realignment of the roadway has been completed, and preliminary design work
should resume this fall, with property acquisition to take place over the winter and
construction to begin next summer. This project would straighten out the sharp curve in the
current roadway located just north of Interstate 80. Improvements to the Prairie du
Chien/Highway 1 (Dodge Street) intersection are programmed in the City's Capital
Improvement Program for fiscal year 2002, included in a reconstruction project for Highway 1
from Governor Street to Dubuque Road. The development of residential properties within this
portion of Fringe Area A will result in increased traffic at this intersection, and hasten the
need for these improvements.
STAFF RECOMMENDATION:
Staff recommends that SUB97-0017, a request for preliminary plat approval of Westcott
Heights, an 84.6 acre, 31-1ot residential subdivision located on the west side of Prairie du
Chien Road, approximately % mile north of Newport Road, be deferred pending resolution of
the deficiencies and discrepancies listed below. Upon resolution of these items, staff
recommends that the application be approved, subject to the approval of a grading plan prior
to Council Consideration of the plat.
DEFICIENCIES AND DISCREPANCIES:
Provisions for access to the storm water management easement should be shown on
the plat.
A fire rating needs to be established, and a letter from the appropriate fire protection
district is needed approving the fire hydrant spacing (if any), water main sizing, etc.
Outlot G should contain a public access easement that permits the subdivider to the
south to extend the road when needed.
4. A grading plan is required.
ATTACHMENTS:
1. Location Map.
2. Preliminary Plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
LOCATION
LOCATION MAP
SUB~)7-0017
WESTCOTT HEIGHTS
Preliminary Plat
WESTCOTT HEIG HTS
Johnson County, Iowa
I~el~ed b~. Chades St~-,~__~Bh;. Pubic Wo~s, 410 F_ Wa~ ~ ~ St, Iowa Ci{y, IA 52240 (319) 356-5141
RESOLUTION NO. 98-33
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORill OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER MAIN-PENINSULA
PROPERTY PROJECT, F. STAr, "~I,NG AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
The plans. specifice~ons. form of cc, dmct and estimate of cost for the above-named project are hereby
approved.
The amount of bid secunty to accompany each bid for the construction of the above-named project shall
be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa.
The City Clerk is hereby aulhorized and cfrecled to publish nolice for the receipt of bids for the
censtruclion of the above-named project in a newspaper published at least once weekly and having a
general circulation in lite city.
Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Ol~ce of the
City Clerk, at the Civic Center, until 10:~0 a~tt. on the 19th day of February, 1998. ThereaRer the bids
will be opened by the City Engineer or his designee, and thereupon mfened to the Council of the City of
Iowa City. Iowa. for aclJon upon said bids at its nex~ meeting. to be held at the Council Chambers, Civic
Center. Iowa City. Iowa. at 7:00 p.m. on the 24th day of February. 1998. or at such later time and place
Passed and approved this 27th day of January .19 ~
,.r-,RYOR
CI'I'~"GLERK '
Re.olution No. 98-33
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
0' I)onnel I the Resolution be
AYES: NAYS: ABSENT:
X
X
Champion
Kubby
Lehman
Norton
O'Donnell
Vanderhoef
WATER MAIN, PHASE IliA, PENINSULA PROPERTY
END
PROJECT
START PROJECT