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HomeMy WebLinkAbout1997-04-22 ResolutionPrepared by: Rob Winstead, Civil Engineer, 410 E. Washington St.; Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 97-113 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE, 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 6th day Of May, 1997, 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 public inspection. Passed and approved this 22nd day of April , 1997. pweng\bradfrd2.res MAYOR Approved by ¢-/7-?7 Resolution No. 97-113 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138) RESOLUTION NO. 97-114 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1997 CURB RAMP 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 6th day of May, 1997, 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 public inspection. Passed and approved this ?2nd day of Apri 1 , 1997. CITY'CLERK MAYOR~ ~/ Approved by City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\crbramp,res Prepared by: Denny Gannon, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 97-115 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR BOYRUM SUBDIVISION - PART 4, 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 and water main improvements for Boyrum Subdivision - Part 4, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Boyrum Subdivision - Part 4, as constructed by Streb Construction 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 22nd day of Ap~'~] ,1997. ATTEST: ~ ClT~CLERK MAYO R~;~~'/~ Approved by City Attorney's Office pweng\boyrum,res Resolution No. 97-115 Page ? It was moved by Lehman and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: the Resolution be Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef CITY OF I0 WA CITY ENGINEER'S REPORT April 14, 1997 Honorable Mayor and City Council Iowa City, IA RE: Boyrum Subdivision - Part 4 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, water main, and paving improvements for Boyrum Subdivision - Part 4 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 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 · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Liz Osborne, Housing Rehab, 410 E, Washington St,, Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 97-116 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 421 CRESTVIEW AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Low Interest Promissory Note in the amount of $22,000, executed by the owners of 421 Crestview Avenue, on May 25, 1988 and recorded on June 2, 1988 in Book 1005, Page 352 in the Johnson County Recorder's Office covering the following described real estate: Lot 55 in Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 324 Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, the balance of the City's lien totals 913,1 21.02; and WHEREAS, University of Iowa Community Credit Union, Iowa City, Iowa proposes to give a home equity loan in the sum of 910,000 to the owners of 421 Crestview Avenue 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 mortgage 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 22nd day of Ap~'il , 1997. ATTEST: CIT ~~ ppdrehab/421 cre st, res City Attorney's Office MAYOR Resolution No, 97-116 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of ~.owa o~.cy, ~zzz, u , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time are in the amount of $ 13,241. _52 and were executed by S tephea and Mary Smith (herein the Owner), dated .5/25/88 , 19 , recorded June 2 , 19 88 , in Book 1005 , Page 352 through , Johnson County Recorder's Office, covedng the following described real property: Lot 55 in C~urt Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 324 Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $ 10,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS, to indt. Lc~e Financial Institution to make such loan, it is necessary that the __ Rehabilitation held by the City be subordinated to the lien of the mortgage proposed 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 Rehabilitation loan 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 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. Senior Mo~gage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the Rehab±l±tatton loan of the City. By Attest: Binding Effect. This agreement shall be binding upon' and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this & ~- ~ day of Mayor CITY Of IOWa CITY ,19 ASST. VICE PRESIDENT By CITY'S ACKNOVVLEDGEMENT City Attorney'~ Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and the State -zt~>,~; '~. ~.o~;cA and Madan 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 (Ordinanco) (Resolution) No. 3?-//4. passed (the Resolution adopted) by the City Council, under Roll Call No.. of the City Council on the zz ~ day of A~,r;I, , 19 ~2'~ , and that 77c,~n~; ~'. 7'{.~;~.~ 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. , 199~., before me, the undersigned, a of Iowa, personally appeared Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 3 day of April ,A.D. 19 o7 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Strabala and , to me personally known, who being by me duly sworn, did say that they are the ASST. VICE ?RESIDENT and , respectively, of said corporation executing the within and foregoing'instrument to which thla ia attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said ASST. WC~. ?R~.SI~)]~.NT and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said· corporation, by it and by them voluntarilypxecut/~d. mo~ry Public in dnd for the State o,f Iowa f¥~ , Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-117 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE FOR CONDITIONAL NO INTEREST LOAN AND A MORTGAGE FOR THE PROPERTY LOCATED AT 521 FIRST AVENUE SOUTH, IOWA CITY, IOWA WHEREAS, on January 20, 1994, the property owners of 521 First Avenue South executed a Rehabilitation Agreement, a Promissory Note for Conditional No Interest Loan,-and a Mortgage in the amount of $5,083 through the City's Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, the note was paid off March 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 tocated at 521 First Avenue South, Iowa City, Iowa from the Rehabilitation Agreement, the Promissory Note for Conditional No Interest Loan, and the Mortgage recorded on February 10, 1994 in 'Book 1703, Pages 151 through 162 of the Johnson County Recorder's Office. Passed and approved this 22nd day of April ,1997. CITY CLERK MAYOR ~(/~t' ~~ A ~roved by City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: x X X X X ppdrehab15 21 first.ms Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be 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 521 First Avenue South, Iowa City, Iowa, and legally described as follows: The North fifty (50) feet of Lot Three (3) in Block Two (2) in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof plat thereof, from an obligation of the property owners, Darrell B. and Patricia J. Roberts, to the City of Iowa City in the principal amount of $5,083 represented by the Rehabilitation Agreement, the Promissory Note for Conditional No Interest Loan, and the Mortgage recorded on February 10, 1994 in Book 1703, Pages 151 through 162 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. MAIYOR ~ CITY ULERK ~,zy~roved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis 2.Z~-"- dayof d~o-:{ ,A.D. 19 ~'? ,beforeme, theunder- signed, a Notary Public in an r 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. ~?'7-//~, adopted by the City Council on the zz-~- day s~c' ( , 19 ~'~ and that the said Naomi J. Novick and Marian K. Karr as h officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. plDdrehab1521 first.tel Notary Public in and for Johnson County, Iowa Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-118 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN A PORTION OF THE ORIGINAL TOWN PLAT (PHASE II). WHEREAS, the State Historical Society of Iowa administers the Historical Resources Development Program (HRDP) grant program to assist individuals and local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for an HRDP grant of up to 916,450 for the purpose of conducting a professional survey and evaluation of historic resources within a portion of the Original Town Plat (Phase II); and WHEREAS, said grant will require an approximate local match of 98,61 5 which the Historic Preservation Commission proposes to provide through volunteer work, funds allocated in the budget for historic preservation activities, and in-kind services and supplies; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Historic Preservation Commission is hereby authorized to file an application for an HRDP grant of up to 916,450 for the purpose of conducting a professional survey and evaluation of historic resources within a portion of the Original Town Plat (Phase II) which will require approximately 98,61 5 in matching local funds and in-kind services and supplies. 2. The Mayor is hereby authorized to sign said grant application. Passed and approved this 22nd day of April , 1 997. ATTEST: ,"~,',-~'-~'/ ~ :~~ CITY CLERK ~C ity~_~r ney'~[~J~ c e ~ z'f~/~_ ? ~ ppdadmin\clg.res Resolution No. 97-118 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: k~uhhy AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 97-119 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has created the State of Iowa HOME program which utilizes U.S. Department of Housing and Urban Development funding to provide affordable housing for low income households in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support affordable housing efforts for low income households in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make HOME funding in the amount of 9399,984 available to the City of Iowa City for the support of the Robert Burns/Greater Iowa City Housing Fellowship affordable rental housing project on Clearwater Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for State of Iowa HOME funding (96-HM-422), a copy of which is on file in the office of the City Clerk, is hereby approved. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement for State of Iowa HOME funding. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 22nd day of Apri 1 , 1997. ATTEST: CITY CLERK MAYOR :~,~A p p roved~y.. City Attorney's Office jccoghs\resolutn\idedhome.res Resolution No. 97-119 Page 2 It was moved by Kubb.v and seconded by adopted, and upon roll call there were: Nnrtnn AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef HOME JOINT PROJECT ADMINISTRATIVE AGREEMENT Between Iowa Department of Economic Development City of Iowa City Saratoga Springs Limited Partnership [ WHEREAS, the City of Iowa City ("City") and the State of Iowa, through the Iowa Department of Economic Development ("Department"), desire to fund the construction of 16 affordable rental units for low- and very-low income households in the City of Iowa City ("Project") by the Saratoga Springs Limited Partnership (Recipient"); and WHEREAS, it is the intention of the City and the Department to jointly fund this Project with HOME Investment Partnership Program ("HOME") funding; and WHEREAS, 24 CFR 92, which governs the use of HOME funds requires that in a jointly funded Project, the City shall be the designated recipient for State funds in order to avoid the duplication of administrative activities; and WHEREAS, the City is willing to act as administrator for the Project, whose duties shall include setting up the Project in the Cash and Management Information System ("C/MIS") in accordance with applicable Federal regulations. NOW, THEREFORE, in consideration of the mutual promises contained in the Agreement and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: The Department hereby designates the City as the recipient of State HOME funds for the affordable housing Project located in the City of Iowa City and as specifically described in the State's HOME Program Agreement with the Recipient, attached hereto as "Attachment 1", and the City's HOME Program Agreement with the Recipient, attached hereto as "Attachment 2" which are each incorporated herein and by the reference made a part hereof. The parties agree that the Recipient shall execute Attachment I and Attachment 2, including the applicable mortgages and agreements for covenants and restriction, with the Department and the City and that these documents shall be construed as part of this HOME Joint Project Administrative Agreement. It is the intention of the parties that the City shall administer the HOME funding for the Project and shall act as agent for the Departanent throughout the'construction phase of the Project. The City shall monitor and inspect the Project during the construction phase and shall be responsible for the disbursement of all HOME funds from whatever sources to the Recipient. For the duration of the construction phase of the Project, the City will also provide the Department with copies of all funding disbursements, the Project Set-Up Report, the Project Completion Report, regular periodic performance/status reports and all other reports necessary to keep the Department fully informed of the progress on the Project. The City will promptly notify the Department of any problems, including any Event(s) of Default under the City's HOME Program Agreement, Attachment 2, with the Recipient, that arise during the construction phase and throughout the term of affordability. The Parties specifically agree that notwithstanding the Recipient's direct obligations to the Department pursuant to Attachment 1 and the Recipient's direct obligations to the City pursuant to Attachment 2, this activity is one Project administered by the City and that the City shall be solely responsible for all Project monitoring during the construction phase, until the Recipient has received a Certificate of Occupancy from the City, and thereafter until the Federally required affordability period has expired. The Department's HOME funds will be designated in the C/MIS for the City, upon execution of this document and Attachment I and Attachment 2 by all applicable parties, and all administrative and fiscal requirements of the C/MIS will be the responsibility of the City. The parties agree that: (1) The City's obligations hereunder do not include the enforcement of security instruments entered into between that State and Recipient, including, but not limited to, security agreements, financing statements, mortgages, and personal and/or corporate guarantees. All rights and obligations of the Department under the State's Master Contract with the Recipient with respect to default by the Recipient and the enforcement of security instruments shall remain with the Department; and (2) The Department's obligations hereunder do not include the enforcement of security instruments entered into between the City and Recipient, including, but not limited to, security agreements, financing statements, mortgages, and personal and/or corporate guarantees. All rights and obligations of the City under the City's HOME Program Agreement with the Recipient with respect to default by the Recipient and the enforcement of security instruments shall remain with the City. IN WITNESS WHEREOF, the Parties to this Agreement have affixed their signatures on the date specified below. Iowa De~tment of Economic Development David L._[~s, Director ~ k Date City of Iowa City · Maybr, City ~/I0wa(City Date Saratoga Springs Limited Partnership Robert P. Bums, General Partner By Charles Eastham, President Greater Iowa City Housing Fellowship, General Partner '7_..3 /':'4/,.,,'l It,;?7 Date Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 97-120 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF A PORTION OF LOT 3 WEST SIDE PARK, IOWA CITY, IOWA. WHEREAS, the owner, Smith-Moreland Properties, filed with the City Clerk the preliminary and final plat of a resubdivision of a portion of Lot 3 West Side Park, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner of Lot 3, West Side Park Addition, to Iowa City, Iowa, as recorded in Plat Book 24, at page 45, of the records of the Johnson County Recorder's Office; Thence S89°35'04"W, along the South Line of said Lot 3, a distance of 300.01 feet, to the Southwest Corner thereof; Thence Northeasterly, 3.64 feet, along the West Line of Lot 3 and the Easterly Right-of-Way Line of West Side Drive, and a 716.20 foot radius curve, concave Westerly, whose 3.64 foot chord bears NO0° 14'14"E; Thence N00°05'29"E, along said West Line and Right-of-Way Line, 176;37 feet; Thence N89°35'04"E, along a line 20.00 feet South of and Parallel to the North Line of said Lot 3, said line also being the South Line of Auditor's Parcel 96012, as recorded in Plat Book 36, page 314, of the records of the Johnson County Recorder's Office, 300.01 feet, to a point on the east Line of said Lot 3; Thence S00°05'29"W, along the East Line of said Lot, 1,80.O1 feet, to the Point of Beginning. Said tract of land contains 1.24 acres, 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 (1 997) and all other state and local requirements. Resolution No. 97-120 Page 2 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. 2. The City accepts the dedication of the 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. Passed and approved this 22nd day of April ,1 997. CITYCLERK It was moved by Norton be adopted, and upon roll call there were: MAYOR and seconded by Thornberr.v the Resolution AYES: NAYS: ABSENT: X X X X x X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\3westsid,fin City of Iowa City MEMORANDUM Date: To: From: Re: April 17, 1997 City Council John Yapp, Associate Planner West Side Park Subdivision (SUB97-0008) Although the following staff report summarizes staff's recommendation regarding the West Side Park subdivision and rezoning, John Moreland, the applicant, has requested indefinite deferral of the rezoning. You will be considering only the subdivision at your April 22 meeting. The property in question is currently zoned Low-Density Multi-Family Residential, RM-12. Although the applicant may continue the rezoning request in the future, the subdivision without the rezoning will allow the property to develop residentially. STAFF REPORT To: Planning & Zoning Commission Items: SUB97-0008 and REZ97-0004. West Side Park Addition Subdivision and Rezoning 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: Prepared by: John Yapp Date: April 3, 1997 Smith-Moreland Properties 1476 1st Avenue Iowa City, IA 52240 Phone: 338-8058 John Moreland c/o Smith Moreland Properties Preliminary and Final Plat approval Rezoning approval from RM-1 2 to C0-1 (The application will be amended to include an area to be rezoned from C1-1 to C0-1 .) To subdivide a 1.24 are parcel into two lots, and to rezone a 21,004 square foot parcel to CO-1 West Side Drive, south of Earl Road 1.24 acres Multi-family residential, RM-12 North: East: South: West: Multi-family residential, RM-,1 2 Johnson County Commercial Intensive Commercial, C1-1 Multi-family residential, RM-1 2 Commercial Officer, CO-1 This lot is on the line between residen- tial, 8-16 dwelling units per acre and general commercial use. Chapter 14-7, land subdivisions, Chap- ter 14-6, commercial and business zones. File date: March 13, 1997 45-day limitation period: April 27, 1997 60-day limitation period: May 12, 1997 BACKGROUND INFORMATION: The applicant, Smith-Moreland Properties, is requesting the resubdivision of a portion of Lot 3, West Side Park Subdivision, into two lots. The property is located east of West Side Drive and north of Mormon Trek Boulevard. Lot 1 is proposed to be 33,001 square feet, lot 2 is proposed to be 21,004 square feet~ In conjunction with the proposed subdivision, the applicant is applying for a rezoning of the proposed Lot 2 (21,0004 square feet) from RM-1 2, low-density multi-family residential, to CO-1, Commercial Office zoning, as well as a portion of Lot 2, West Side Park Subdivision, from C1-1, Intensive Commercial to CO-1, Office Commercial. Lots 3-34 of West Side Park Subdivision were rezoned from Cl-1 to RM-12 in 1991, and Lots 1 and 2, to the south of Lot 3, remain zoned C1-1. ANALYSIS The applicant originally applied for the rezoning of the 21,004 square foot lot to C1-1, Inten- sive Commercial, but through discussions with staff has agreed to amend the rezoning application to request CO-1 zoning instead. A legal description of the area proposed for rezoning, which will include a portion of lot 2, West Side Park subdivision to the south, will need to be submitted prior to the April 20 Planning and Zoning Commission meeting. The proposed preliminary and final plat is generally consistent with the City's subdivision regula- tions. Approval of legal papers is also required prior to plat approval. Resubdivision of Lot 3, West Side park subdivision: The property on the outside perimeter of West Side Drive is zoned RM-12, and has had a succession of 12-plexes built on it. After constructing a 1 2-plex on lot 3 of West Side Park subdivision, there is roughly 21,000 square feet of property "leftover." The applicant wishes to subdivide this 21,004 square foot parcel off, and create a separate lot. Staff does not have any concerns with the proposed subdivi- sion in and of itself. Without any rezoning, up to 7 dwelling units could be placed on the 21,004 square foot lot. Compatibility of C1-1 zoning with Adjacent Land Uses: Lots 1 and 2 of West Side Park Subdivision are zoned C1-1. When Lots3:34 were zoned from C1-1 to RM-12, the following conditions were agreed to for Lots 1 and 2 to ensure the compatibility of commercial property on the edge of a residential neighborhood: Adequate buffer and screening which does not infringe upon the Airport Overlay Zone and which shields uses within the Intensive Commercial Zone from view within the residential zone. B. On-site dumpsters appropriately located and adequately screened from public view. C. Lighting which relates to the scale of adjacent development to maintain adequate security and to prevent a nuisance or hardship to adjacent property. D. No part of a filling station site located within 100 feet of the residential zone. 3 E. Any free standing sign must be located within the eastern half of Lot 1. Even with these conditions, staff believes that it would not be appropriate to extend Cl-1 zoning further to the north. Currently the transition between RM-12 and C1-1 zoning occurs at the side lot lines of these properties. If the C1-1 zoning is extended to the north there would be residential uses directly across the street, as well as directly north of potential intensive commercial uses. More residential uses would be exposed to the potential negative affects of intensive commercial uses. In a conversation with the applicant, he noted that the primary reason for the rezoning request is to permit an office use on this tract of land. Staff believes CO-1 zoning would be more compatible with the surrounding residential zones, and can serve as a buffer between the residential zones and the C1-1 zones to the south. Commercial Office Zoning: The Commercial Office Zone (CO-1) is intended to provide specific areas where office functions, compatible business, apartments and certain public and semi- public uses may be developed. The CO-1 zone can serve as a buffer between residential and more intensive commercial areas. The CO-1 zone permits uses such as offices, copy services, florist shops, retail pharmacies, and photographic studios. Although Staff has concerns about the effects of a commercial zone across the street from a residential zone, a CO-1 zone, with conditions in place to ensure neighborhood compatibility can fit in well. There is currently CO- 1 zoning on the west side of West Side Drive, the site of the Lepic-Kroeger building. In combination with the CO-1 zoning to the west, CO-1 zoning on this site will act as a buffer between the West Side Park neighborhood and the Intensive Commercial Zone along Mormon Trek Boulevard. The conditions staff proposes to ensure a CO-1 zoning classification will be an attractive addition to the residential neighborhood, and will not become a nuisance to nearby residents are listed below. These conditions are similar to those agreed to by other property owners of highly visible property, or property adjacent to residential neighborhoods. The attached concept sketch illustrates how these conditions might be applied to this property. All exterior walls shall be masonry, which may include fired brick, stone or similar material. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted with approval from the Director of Planning and Community Development. Loading docks and receiving areas, garbage dumpsters and mechanical equipment shall not be located to the west or north of any building proposed on this property, and shall be screened from view of any surrounding property with landscaping or a combination of landscaping and fencing. No parking shall be located to the north or west of a building located on this property. All outdoor lighting shall be downcast, and there shall be no direct illumination of any property in a residential zone. Indirect illumination shall not exceed one and one half foot candles at lot lines in any residential zone. 4 One monument sign shall be permitted in the front yard. No other signs shall be permitted visible from a residential property. All signs normally permitted to be attached to buildings in the CO-1 zone shall be permitted on the southern face of the building. Landscaped beds a minimum of five feet in width shall be provided along at least 50% of the building elevations on the front and sides of the building, and shall be planted with a variety of evergreen and deciduous shrubbery. The access drive and curb cut shall be located on Lot 2 opposite the curb cut on the north end of Lot 35, West Side Park Subdivision. STAFF RECOMMENDATION: Staff recommends that SUB97-0008, a request for preliminary and final plat approval of West Side Park Addition, a 1.24 acre, 2 lot subdivision located east of West Side Drive and south of Earl Road, be approved. Staff recommends that REZ97-0004, a request to rezone a 21,004 square foot property from Low Density Multi-Family Residential, RM-12 to Office Commercial, CO-1, and a portion of Lot 2, West Side Park Subdivision from Intensive Commercial, C1-1, to Office Commercial, CO-1 be conditionally approved, subject to the applicant submitting a legal description of the area to be rezoned and a conditional zoning agreement which includes the conditions con- tained in this report. ATTACHMENTS 1. Location Map. 2. Preliminary and Final Plat. 3. Concept sketch of CO-1 zoning. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development ppdadmin\stfrep\SUB97-8.JY >, ~A~L ROAD APARTMENT BLDG. 'POTENTIAL FOOTPRINT~ ,, ~ ,~ CO-1 ZONE ~ ©O( POTENTIAL ~I I~ I ' I ~O COMMERCIAL  BUILDING RM 12 . ,~ ~ EX[STIN~ -j ~ ~POTEN TIAU / ~ ~CCESS ~ / ~ccEss Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 97-121 RESOLUTION APPROVING FINAL PLAT OF COURT PARK SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owner, MitchelI-Phipps Building & Design Inc., filed with the City Clerk the final plat of Court Park Subdivision, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M. Iowa City, Johnson County, Iowa; Thence S00°29'22"W, along the West Line of Lot 211, Court Hill Addition, Part Three, to Iowa City, Iowa in accordance with the plat recorded in Plat Book 5, at page 6, of the records of the Johnson County Recorder's Office, 1 54.60 feet, to the Southwest Corner thereof; Thence S89°34'21 "W, 480.79 feet; Thence N01 °47'16"W, 149.28 feet, to a point on the North Line of the Northwest Quarter of said Section 13; Thence N88°56'37"E, along said North Line, 486.84 feet, to the Point of Beginning. Said tract of land contains 1.69 acres, 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 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 (1 997) 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. The City accepts the dedication of the right-of-way, easements and "public open space" as provided by law. o 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 Resolution No. 97-121 Page 2 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. Passed and approved this 22nd day of Apri 1 , 1997. CITY CLERK It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\courtpk2.res STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0009. Court Park Subdivision Final 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: 45-day limitation period: 60-day limitation period: BACKGROUND INFORMATION: Prepared by: Scott Kugler Date: April 3, 1997 MitchelI-Phipps Building & Design 321 Kirkwood Ave Iowa City, Iowa 52240 Phone: 351-6832 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a six-lot residential subdivi- sion 2729 Court Street 1.69 acres Residential, RS-5 North: Residential, RS-5; East: Court Hill Park, P; South: Residential, RS-5; West: Residential, RS-5. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions March 13, 1997 April 27, 1997 May 12, 1997 The applicant, MitchelI-Phipps Building & Design, is requesting final plat approval of Court Park Subdivision, a 1.69 acre, six-lot residential subdivision located at 2729 Court Street. The preliminary plat for this property was recently approved by the City, subject to restdc- 2 ticns on the location of driveways, and subject to a Sensitive Areas Site Plan that was filed and approved for the property. The preliminary plat also indicated that a small piece of land at the east end of the property is to be dedicated to the City to satisfy the neighborhood open space requirements for the subdivision. All of these items should be accounted for on the final plat and within the legal papers for the subdivision. ANALYSIS: The proposed final plat is generally consistent with the City's subdivision regulations, with a few exceptions as noted below under deficiencies and discrepancies. If these items are addressed and approved prior to the Commission's April 3 meeting, staff recommends approval. If not addressed, staff recommends deferral until the April 20 meeting to allow the applicant time to correct the deficiencies. Approval of legal papers and construction drawings is also required prior to final' plat approval. Both have been submitted and are under review. Vehicular Access: The main issue of discussion during the preliminary plat review for this property was vehicular access. Staff recommended that shared driveways be required to reduce the number of access points along the arterial street, and due to sight distance limita- tions along Court Street. However, the Commission determined that shared driveways were not necessary, provided that the best location is found on each lot for a driveway to provide maximum sight distance. The Commission recommended that a turn-around be required on Lot 5 due to apparent sight distance limitations on that lot. In field checking the access points submitted by the applicant after the Commission's review, staff found all drive locations to be acceptable in terms of stopping sight distance. The stopping sight distance for Lot 5 actually exceeded that found for some of the other lots. Therefore, staff recommended to Council that the requirement for a turn-around be eliminated to avoid unnecessary pavement in the front yard on that lot. The approved preliminary plat indicated the locations of the centerlines of each driveway, and noted that drive access was limited to those locations shown. However, the final plat contains no such information, nor is there any reference in the legal papers. The plat should be revised to show this information, including a note limiting access only to the points shown, and the legal papers should make note of this restriction. Neighborhood Open Space: The open space requirement for this subdivision is .04 acres. The Parks and Recreation Commission discussed the possibility of purchasing Lot 6 to help protect the hillside located there and add the property to Court Hill Park. However, the price of the lot exceeded what the Parks and Recreation Commission felt was reasonable for the additional park land. The Commission also considered whether to accept fees in lieu of the actual dedication of the .04 acres as recommended by staff. The Parks and Recreation Commission recommended that the .04 acres be dedicated along the east property line of the subdivision. This dedication would help to protect a number Of trees located at the base of the hillside and adjacent to the park. The final plat indicates that this area is to be dedicated to the City. Sensitive Area Site Plan: The Sensitive Areas Site Plan submitted with the preliminary plat indicates that grading on Lot 6 will be limited to the western portion of the lot. This should help protect most of the hillside from development activities. Construction fencing and silt fencing is to be installed at the grading limits to help protect the hillside from erosion and unnecessary grading. Stormwater Management/Drainage: Because this property is less than 2 acres in size, stormwater management is not required· However, the impact of run off and erosion on adjacent properties to the south was discussed during the review of the preliminary plat· Erosion control measures have been incorporated into the Sensitive Areas Site Plan, as well as a drainage swale at the rear of the lots to help direct run off to Court Hill Park rather than on adjacent properties. Staff recommends that this drainage swale be placed within a private drainage easement so it is protected from alterations by future property owners. The drainage swale will not be accepted as a public improvement, rather, it will be for the benefit of the future property owners of this subdivision. An easement on the plat and described in the legal papers will better inform a property owner of the purpose of the drainage swale. The applicant has agreed in principle to place the swale in an easement, and staff is working with the applicant on an appropriate location for the drainage easement, and on appropriate language for the easement in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB97-0009, a request for final plat approval of Court Park Subdivi- sion, a 1.69 acre, six-lot residential subdivision located at 2729 Court Street, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval subject to the placement of a private easement for the drainage swale on the plat, and a description of the drainage swale in the legal papers for the subdivision, and the approval of legal papers and construction drawings prior to Council consideration of the final plat. DEFICIENCIFS AND DISCREPANCIES: The note for the utility easements needs to be modified to read "Utility easements sh=!! includc all plattcd right-of-ways and are provided for gas, electricity, telephone, T.V. Cablevision, sanitary sewers, water mains, and storm sewer drainage." The 15' utility easement along the southern property line needs to be clarified, as it was not shown on the preliminary plat. If this is meant to be the drainage easement, it needs to be clarified. Centerline of driveways needs to be shown as shown on approved preliminary plat, as well as a note restricting vehicular access to only those locations shown. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development ppdadmin\stfrep\crtpark,doc S±1P119 31¥~JOd~100 AII.O Z 0 n ~ om zo°¢ O, o~. 0 :D 0 Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319~356-5251 RESOLUTION NO. 97-122 RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF WINDSOR RIDGE - PARTS SEVEN AND EIGHT, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended preliminary plat of Windsor Ridge - Parts Seven and Eight; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the amended preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the amended preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the amended 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: The amended preliminary plat of Windsor Ridge - Parts Seven and Eight, 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 22nd day of ApY'i 1 ,1997. MAYOR Cit(~~o r n ey'~O,/f'fi c e ppdadmin/windsr78.res Resolution No. 97-122 Page 2 It was moved by Kuhby and seconded by adopted, and upon roll call there were: Nnrton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Melody Rockwell, Associate Planner, z~10 E. Washington St., Iowa City, IA §22z~0 (319) 356-§251 RESOLUTION NO. 97-123 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE - PART EIGHT, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge - Part Eight, 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: Commencing at the Southeast Corner of the Northeast Quarter of Section 18, Township 79 North, Range 5 West of the 5th P.M.; Thence NOO°23'59"W, along the East Line of the Northeast Quarter of said Section 18, and the East Line of Windsor Ridge - Part Five, Iowa City, Iowa in accordance with the Plat recorded in Book 34, at page 244, of the records of the Johnson County Recorder's Office, a distance of 801.59 feet, to the Northeast Corner of said Windsor Ridge - Part Five, said point being the Point of Beginning; Thence S74°47'18"W, along the North Line of said Windsor Ridge- Part Five, 430.32 feet, to a point on the Westerly Right-of-Way Line of Barrington Road; Thence Southeasterly, 92.10 feet, along said Right-of-Way Line and a 1,285.00 foot radius curve, concave Westerly, whose 92.08 foot chord bears S13°09'30"E; Thence S78°53'41"W, along said North Line 230.10 feet, to a point on the East Line of Windsor Ridge - Part Two in accordance with the Plat recorded in Book 34, at page 87, of the records of the Johnson County Recorder's Office; Thence NO0°17'42"E, along the East Line of said Windsor Ridge - Part Two, 29.49 feet; Thence N11°30'23"W, along said East Line, 195.01 feet; Thence N35°16'29"W, along said East Line, 186.90 feet; Thence N55°16'40"W, along said East Line, 224.43 feet, to a point on the East Line of Windsor Ridge - Part Seven, in accordance with the Plat recorded in Book 36, at page 310, of the records of the Johnson County Recorder's Office; Thence N25°11'15"W, along the East Line of said Windsor Ridge - Part Seven, 274.17 feet, to the Northeast Corner thereof; Thence N73°41'48"E, 36.43 feet; Thence N23°45'34"W, 44.67 feet; Thence NO4°08'24"W, 79.89 feet; Thence N18°37'O5"E, 134.14 feet; Thence N72°O9'OO"E, 270.28 feet; Thence S29°34'30"E, 76.25 feet; Thence S13°14'15"E, 152.25 feet; Thence N83°17'51"E, 354.54 feet, to a point on the West Line of the tract of land recorded in Deed Book 339, at page 249, of the records of the Johnson County Recorder's Office; Thence S00°21'22"E, along said West Line and its Southerly Projection, 479.16 feet, to the Southwest Corner of the tract of land recorded in Deed Book 372, at page 45, of the records of the Johnson County Recorder's office; Thence N89°36'08"E, along the South Line of said tract, 327.68 feet, to a point on the East Line of the Northeast Quarter of said Section 18; Thence S00°23'59"E, along said East Line, 192.97 feet, to the Point of Beginning. Said tract of land contains 13.31 acres, and is subject to easements and restrictions of record. Resolution No. 97-123 Page 2 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 (1 997) 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. The City accepts the dedication of the right-of-way, streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely right-of-way and streets, as not being open for public access at the time of recording for public safety reasons. 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. Passed and approved this 22nd day of April ,1997. ATTEST: ClT'f'-CLERK MAYOR City Att,,drney's ppdadmin\windsor7.res Resolution No. 97-123 Page 3 It was moved by Kubby 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 STAFF REPORT To: Planning and Zoning Commission Item: SUB96-0011, Windsor Ridge-Parts 7&8 SUB97-0007, Windsor Ridge-Part 8 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Melody Rockwell Date: April 17, 1997 Arlington, L.C. 586 Hwy. 1 West Iowa City, IA 52246 31 9/354-0581 Approval of an amended preliminary plat and approval of a final plat To permit a 13.31 acre, 25-1ot residential subdivision North of American Legion Road, west of Taft Avenue Windsor Ridge - Parts Seven and Eight = 22.05 acres; Windsor Ridge - Part Eight = 13.31 acres Vacant; RS-5 North: East: South: West: Vacant; RS-5 Agricultural, residential; County RS, A1 Residential; RS-5 Residential; RS-5 Low to medium density residential devel- opment Subdivision Regulations, Grading Ordi- nance, Stormwater Management Ordi- nance, Zoning Chapter March 13, 1997 April 28, 1997 (preliminary and final plats) May 12, 1997 (final plat) 2 SPECIAL INFORMATION: Public utilities: Utilities, in_cluding water service, sanitary sewer service and storm sewers will be provided by the applicant. Public services: Sanitation service as well as police and fire protection will be provided by the City. Transportation: Vehicular access is available from the south via American Legion Road/Barrington Road. Physical characteristics: The closest available routes are Court Hill with a bus stop at Friendship/Court Streets, and Towncrest with a bus stop at Village Green Road/Muscatine Avenue. No transit service to Windsor Ridge is available or anticipated in the near future. Sensitive Areas Ordinance: Gently rolling land with a grassy drain- ageway located on the west edge of the tract BACKGROUND INFORMATION: The applicant and property owner, Arlington L.C., is requesting approval of an amended preliminary plat for Windsor Ridge - Parts Seven and Eight, a 22.05 acre, 41-lot residential subdivision, and a final plat for Windsor Ridge -Part Eight, a 13.31 acre, 25-1ot residential subdivision with two outlots. A preliminary plat for Windsor Ridge - Parts Seven and Eight and the final plat for Windsor Ridge - Part Seven were approved by the City Council on July 2, 1996. The applicant desires to add two lots to Windsor Ridge - Part Eight by narrowing lot frontages along Barrington Road and relocating an entrance to Outlot B (an open space area) from Barrington Road to Southchase Court. The applicant is requesting an amendment to the Part Eight portion of the preliminary plat for Windsor Ridge - Parts Seven and Eight and approval of the final plat for Windsor Ridge - Part Eight. ANALYSIS: Comprehensive Plan. Prior to its annexation into Iowa City, the proposed Windsor Ridge Subdivision was located within an area designated in the Comprehensive Plan as Fringe Area 5. According to the Comprehensive Plan, Fringe Area 5 was expected to develop for residential uses at low to medium densities. The proposed _plats for Windsor Ridge - Parts Seven and Eight and Windsor Ridge - Part Eight will result in low density residential development and are consistent with the land use development policies set forth in the Comprehensive Plan. Zonin.q Chapter. The amended preliminary plat for Windsor Ridge - Parts Seven and Eight and the final plat for Windsor Ridge - Part Eight have been reviewed, and appear to conform with the general requirements of the RS-5, Low Density Single-Family Residential zone. 3 Secondary Access. In the initial review of secondary access for Windsor Ridge - Parts Seven and Eight, staff noted that full development could occur within Part Eight of this subdivision without requiring secondary access. - Sensitive Areas Ordinance. A stream corridor exists within ~Outlot B and is shown on the Sensitive Areas Site Plan that was submitted and approved at the time of the preliminary plat approval in July 1996. Because of the changes to the plats concerning Part Eight, an amended Sensitive Areas Site Plan should be submitted by the applicant for administrative review and approval. Nei,qhborhood Open Space. The provision of public open space within the Windsor Ridge development more than meets the conditional zoning agreement stipulation that "the open space will consist of a centrally-located four acre neighborhood park with the remaining 2.9 acres developed as greenway trails linking the above-described tract of land to Scott Park." A portion of Outlot B, which is shown as an outlot for both plats, is an extension of a 22.25 acre tract containing a large wet bottom stormwater detention basin and eight-foot wide concrete recreational pathways. On May 11, 1993, the Parks and Recreation Commission rev~iewed a pre-preliminary plat of Windsor Ridge, and indicated its willingness to consider Outlot B as appropriate neighborhood open space in addition to the northerly parkways adjacent and connecting to Scott Park. The design of Outlot B has not changed substantially since 199:~i The amount of land proposed to be dedicated to the City for open space more than meets the requirements of the neighborhood open space ordinance for a 6.9 acre neighborhood park. Prior to the City's acceptance of the maintenance responsibilities for Outlot B, the developer must construct the proposed walkways (trail) to conform with the American_s. with Disabilities Act (ADA) requirements. The developer proposes to relocate an entrance to Outlot B from Barrington Road (between Lots 123 and 133) to Southchase Court (between Lots 135 and 136) to allow for an additional lot west of Barrington Road. Staff feels the relocatio_n of the entrance is acceptable, particularly when noting the 77.9-foot wide access to O_utlot B from Barrington Road immediately south of Lot 118 and the similarly wide entrance off Barrington Road that is planned to encompass a stream corridor and will align with the north boundary of Lots 139 and 140. Staff also notes that the entrance width of the trail access now proposed off Southchase Court has been widened from 15 feet to 20.f_ee__t to meet the access guidelines for neighborhood open space set forth in the Zoning Chapter: "Public access to greenways/tr- ails shall be provided by a public access easement at least t_wenty feet (20') in width." Compliance with Subdivision Re.~ulations. In accordance with the City's annexation policy, the developer agreed in 1993, upon annexation of the 240 acre Windsor Ridge tract, to pay for all of the costs associated with providing infrastructure, including the construction of sewer lines, water mains and streets within the Windsor Ridge Subdivision. The developer is expected to pay full costs for all oversized infrastructure as~well as the local facilities. An amended Grading Plan for Windsor Ridge - Parts Seven and Eight should be submitted by the applicant for review by the Public Works Department. Because the stream corridor within Parts Seven and Eight drains into Snyder Creek, special scrutiny should be given to erosion control measures to be implemented during development activities on this tract. The Grading Plan will need to be approved prior to Council consideration of the preliminary plat for Parts Seven and Eight. Construction plans are being reviewed for the final plat of Windsor Ridge - Part Eight and must be approved by the Public Works Department prior to Council 4 consideration of the final plat. Legal papers are being reviewed by the City Attorney's Office and must be approved prior to Council consideration of the final plat for Part Eight. All deficiencies and discrepancies on the preliminary and final plats have been resolved. STAFF RECOMMENDATION: Staff recommends that SUB96-0011, the preliminary plat of Windsor Ridge - Parts Seven and Eight, a 22.05, 41 lot residential subdivision located in the RS-5 zone north of American Legion Road and west of Taft Avenue be approved, subject to approval of the amended Grading Plan by Public Works prior to Council consideration of the preliminary plat. Staff recommends that SUB97-0007, the final plat of Windsor Ridge - Part Eight, a 13.31 acre, 25 lot residential subdivision located in the RS-5 zone east of Taft Avenue on the north extension of Barrington Road be approved, subject to approval of the construction plans by the Public Works Department, the legal papers by the City Attorney's Office, and administra- tive approval of the amended Sensitive Areas Site Plan prior to Council consideration of the final plat. ATTACHMENTS: 1. Location Map 2. 1993 Preliminary Plat: Windsor Ridge 3. 1996 Amended Preliminary Plat: Windsor Ridge - Parts Seven and Eight 4. 1997 Proposed Amended Preliminary Plat: Windsor Ridge - Parts Seven and Eight 5. 1 997 Proposed Final Plat: Windsor Ridge - Pa,,~ight Approved b Karz~fn Franklin, Director Department of Planning and Community Development ppdadmin/st frep/wind$or 8 ,mr _ _OCATION MAP SUB96-0011 WINDSOR RIDGE PARTS SEVEN AND EIGHT PRELIIvOI NAO~Y PLAT CITY OF IOWA CITY CORPORATE LIMITS JPART SEVENJ IPART EIGHTJ ..... ~ ' X ,iN a SUB93-0009 WINDSOR RIDGE PRELIMINARY PLAT w o III o I 0 "~ ,_88,-, " I // '~ / / // j m ~ t.'-. . ~/ Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141) RESOLUTION NO. 97-124 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RAW WATER MAIN PROJECT - CONTRACT 1 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES IMPROVEMENT PROJECT, ESTABLISHING 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. 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. The amount of bid security 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 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 13th day of May, 1997. Thereafter the bids will be opened by the City Engineer or his 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 20th day of May, 1997, or at such later time and place as may then be fixed. Passed and approved this 22nd day of Ap~'i'l , 19 97 pwadmin\rawwtr. res MAYOR City Attorney's Office Resolution No. 97-124 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 the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-125 RESOLUTION AUTHORIZING THE CONVEYANCE OF A TWELVE-AND-A- HALF- FOOT WIDE, SEVENTY-FIVE FOOT LONG (937.5 SO.. FT.) PARCEL OF VACATED F STREET RIGHT-OF-WAY LOCATED ALONG THE SOUTHERN PROPERTY LINE OF 839 S. FIRST AVENUE TO CHESTER AND RETTA PELSANG WHEREAS, In January, 1997, the City Council considered and passed an ordinance vacating a twelve-and-a-half-foot (12.5') wide, seventy-five foot long (937.5 sq.ft.) parcel of right-of- way along F Street located immediately adjacent to the southern. property line of 839 S. First Avenue; and WHEREAS, The Pelsangs have redeveloped the adjacent property and, after City approval, constructed a handicapped parking space within the vacated F street right-of-way; and WHEREAS, The Pelsangs now wish to purchase the vacated right-of-way so that their entire parking facility is located on their property; and WHEREAS, The Pelsangs have offered to purchase the 937.5 sq.ft. parcel of vacated right-of- way for the sum total of $2,559.38, which mirrors the assessed value per square foot ($2.73 sq.ft.) of their adjacent property; and WHEREAS, the City does not need the portion of the right-of-way to provide access to property in the area and all utility easements over the subject tract will be retained; and WHEREAS, on April 8, 1997, the City Council adopted a Resolution declaring its intent to convey its interest in the vacated right-of-way, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the vacated twelve-and-a-half-foot (12.5') wide, seventy-five foot long (937.5 sq.ft.) parcel of right-of-way along F Street located immediately adjacent to the southern property line of 839 S. First Avenue Chester and Retta Pelsang, for and in consideration of the sum of 92,559.38, subject to the City reserving and retaining all utility easements along the subject property. Resolution No. 97-125 Page 2 The City Attorney is authorized to deliver said Quit Claim Deed to Chester and Retta Pelsang. The deed, the above-referenced easements and other documentation required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the Johnson County Re¢order's Office at the expense of Chester and Retta Pelsang. Passed and approved this 22nd day of CITY CLERK MAYOR April , 1997. pelsang3,res Resolution No, 97-125 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thnrnh~rry the Resolution be AYES: NAYS: ABSENT: X Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: R~ck Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 97-126 RESOLUTION APPROVING THE FY98, 99, 2000, 2001, and 2002 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, t997 TO JUNE 30, 2002. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1997 to June 30, 2002 be approved. Passed and approved this 22nd day of Apri 1 , 1997. CITY CLERK MAYOR City Attorney's Office It was moved by Thornberw and seconded by be adopted, and upon roll call there were: Nnrtnn AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\street.res the Resolution Form 22000~ 1 /Iowa Department of Transportation OFFICIAL STREET CONSTRUCTION PROGRAM FOR CITIES - Pop. 5,000 & over (five-year comprehensive) R.U.T 4 City IOWA CITY County JOHNSON 1997 From July 1, TO June 36, 2002 Marian K. Karr , city clerk of the City of Iowa City, Iowa do hereby certify that the city council has by resolution approved this five-year comprehensive Street Construction Program this Month April . Day 22 , Year 1997 City Clerk Mailing Address 410 E. Washington Street Daytime Phone No. (319) 356-5~40 Hours Available (Area Code) 8:00 am to 52240 (Zip Code) 5:00 pm Naomi Novick MEMBERS OF THE COUNCIL Larry Baker Karen Kubby Ernie Lehman Dee Norton Dean Thornberry Dee Vanderhoef , Mayor Cities - Pop. 5,000 & over shall file, on or before May 1 of each year, two copies of this report and two maps with the Iowa Dept. of Transportation. Distribution: White and Yellow Copies - Iowa Transportation Car, tar Planner; Pink Copy - City Iowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 515-239-1004 FAX 515-239-1828 Ref. No: 701.229 KM17 Subject: Road Use Tax Fund Street Construction Program MAY 0 ~ ~997 Dear City Clerk: We acknowledge receiving your city's five-year Street Construction Program for the period July 1, 1997 through June 30, 2002 as required by Section 312.12 of the Code of Iowa. Sincerely, PRC:KM Patrick R. Cain, Director Office of Transportation Data Planning and Programming Division ~ Z 0 0 ~ z E ~ w ~ n // ~ S.,,i uJ r'-. 0 .14 ~ .~ 0 0 ~ ~1 0 u o o u) o o o o o o cid O,.C~ o I~._ ..,,1" oq 0 0 0 0 0 0 o'1 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 ~0 r~ ,-~ 0 0 0 0 o o o o o o 0,,I 00 o o o o 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 u'~ 0 0 ~ 0 0 0 0 oq 0 ~ O~ 0 0 ~ 0 o , o o J o o 0 0 t.~ u"l u~ 0 0 O0 O0 O0 ~1 ~ 0 ~ 0 0 I 0 c~O ~'~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 r",.. u'~ r,-.. CO C) ~ 0 0 c'~ c'~ 0~, 0 0 0 4J o o LI. 0 0 CD 0 0 o r~ u ~ o (J cD 0 Z 0 Z Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 97-127 RESOLUTION AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY SEWER REPLACEMENT PROJECT WHEREAS, the City of Iowa City .desires to construct Wylde Green Sanitary Sewer Replacement Project ("Project") which includes replacement of an existing sanitary sewer and associated work; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, McClure Engineering Company, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Wylde Green Sanitary Sewer Replacement Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 97-127 Page 2 Passed and approved this 22nd day of April , 1 997. MAYOR City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker ' Kubby Lehman Norton Novick Thornberry Vanderhoef pwadmin\wylde.res Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 97-128 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE 1997 ASPHALT RESURFACING PROJECT. WHEREAS, L. L. Pelling Co., Inc. has submitted the lowest responsible bid of $731,71 1.70 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl_ OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to L. L. Pelling Co., Inc. of North Liberty, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 22nd day of Apri] ,1997 ATTEST: ~-~ CIT'fi CLERK City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\97asphlt.res ADVERTISEMENT FOR BIDS 1997 Asphalt Resurfacing PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 15th day of April, 1997, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 22nd day of April, 1997, or at such later time and place as may then be scheduled. The Project will involve the following: 9570 tons of asphalt, 48,900 sq. yds. of pavement milling, 1900 lin. ft. of curb repair and related work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E. City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from AF-1 all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 50 Late Start Date: May 12, 1997 Liquidated Damages: $200.00 per day Exception: Iowa Ave. and Washington St. completion June 10, 1997 Liquidated Damag- es $500.00 per day. The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E. City Engineer of Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 97-129 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF WOOLF AVENUE BETWEEN NEWTON ROAD AND BAYARD STREET WHEREAS, the City of Iowa City desires to remove and replace the WooIf Avenue pavement between Newton Road and Bayard Street and desires to complete this work with the replacement of the WooIf Avenue bridge; WHEREAS, the City of Iowa City desires to contract for the design of the project, which includes concept statement phase, preliminary plan phase and final plan phase; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc. WHEREAS, Resolution 94-141, approved May 10, 1994, authorized the execution of an agreement between the City of Iowa City and NNW, Inc. to provide engineering consultant services for the design of the replacement of the WooIf Avenue bridge. 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 22nd day of Apr11 , 1 997. ATTEST: CITY CLERK MAYOR City Attorney's Office pweng\woolfbr.res Resolution No, 97-129 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of Apri 1 , 1997 , by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and NNW, Inc. of Iowa City , hereinafter referred to as the Consultant. WHEREAS, the City desires to improve WooIf Avenue from Newton Road to Bayard Street. This agreement includes the design process from concept statement through preparation of bidding documents. The project includes a bridge over U.S. Hwy. 6 and the CRANDIC Railroad for which an agreement is already in place and is not pad of this agreement. NOW THEREFORE, it is agreed by and between the padies hereto that the City does now contract with the Consultant to provide services as set forth herein. 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. Concept Statement Phase: Prepare Concept Statement and Concept Plan of Corridor from Newton Road to Bayard Street. Participate in meetings with Iowa Department of Transportation and Federal Highway Administration personnel regarding the Concept Statement including negotiations regarding design exceptions; Organize and participate in meetings and contacts with various utility companies, the Railroad, Veterans Administration Medical Center, the University of Iowa and other affected private and/or governmental entities as directed by the City Engineer; After approval of the Concept Statement Phase, work shall begin immediately on the Preliminary Plan phase, B. Preliminary Plan Phase: Up date existing topographic survey of area including cross sections of roadway, existing bridge and location of utilities; Meet with City staff, appropriate City Commissions, the University of Iowa and any neighborhood groups to determine aesthetic and neighborhood considerations for the project; Prepare a preliminary Plan & Profile plan of the final proposed roadway for submittal to the Iowa Department of Transportation, the Iowa Interstate Railroad, the City Public Works Department and other appropriate officials of the City of Iowa City along with preliminary estimate of construction costs; Determine necessary additional Right-of-Way requirements and construction easements required for the project. After approval of the Preliminary Plan Phase, work shall begin immediately on the final Plan phase. C. Final Plan Phase: Prepare detail plans, specifications, contract documents and engineer's estimate required for Iowa Department of Transportation letting, Plans shall include construction staging and traffic control necessary to maintain pedestrian traffic during construction, installation of new 8 inch watermain; and installation of new storm sewer intakes and pipes as required; Contract documents shall be in accordance with City, State and Federal requirements and shall use Iowa Depadment of Transportation Standard Specifications as base specifications; Provide necessary prints and calculations for review by City, Railroad, State and Federal agencies; Keep in contact with various utility companies, the Railroad, the Veterans Administration Medical Center, the University of Iowa and other affected private and/or governmental entities during design for purposes of project coordination. Review required construction drawings as well as detailed shop and erection drawings submitted by the contractor for compliance with the design concept of the proposed project; Perform land surveys, title and easement searches and descriptions of boundaries and monuments for all necessary easements and right-of-way, Provide City with plats for each easement and right-of-way parcel; o Attend the following meetings and if required, make a presentation; As required with City staff for periodic discussion of project development. City Council meetings concerning public hearing. Meetings with CRANDIC Railroad officials. Neighborhood Groups. Veterans Administration Medical Center. University of Iowa Do 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. II. TIME OF COMPLETION The intent of the City is to begin construction during the winter of 1998. The target IDOT letting date is December 12, 1997. The Consultant shall strive to complete the following phases of the Project in accordance with the schedule shown. Concept Statement Phase - Submit Concept Statement to IDOT - April 1,1997. Preliminary Design Phase - Submit TS&L to IDOT - May 1,1997. Easement & R.O.W. Plats- Submit to City - July 21, 1997 Final Plan Phase - Submit Check Plans to IDOT - August 1,1997. Submit Final Plans to IDOT - September 1, 1997. If any phase of the project is delayed by the City or IDOT, the dates shall be revised to those that correspond to the next IDOT letting date. III. GENERAL TERMS 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 because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, or` gender` 'idenl:i To 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' ident'it.,v. 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 this Agreement upon seven (7) calendar days' 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 Parties 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 Proiect. 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 Fo Mo 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 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, with a maximum not to exceed amount for each phase: Concept Statement Phase: Three Thousand Three Hundred dollars ($3,300.00). Preliminary Plan Phase: Three Thousand Nine Hundred dollars ($3,900.00). Final Plan Phase: Twenty-Eight Thousand Six Hundred dollars ($28,600.00). 4 V. MISCELLANEOUS All provisions of the Agreement shall be reconc ed Jn 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: Mayor Date: April 22, 1997 ATTEST: ~/~.~.,~,-~ Date:__ /~/dy/ / / ~/ City Attorney's Office 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 $30.00 $25.00 Prepared by: Craig Standish, Controller, 410 E. Washington St., Iowa City, IA 52240; 3t9-356-5085 RESOLUTION NO. 97-130 RESOLUTION CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 364.12 of the Code of Iowa provides that the City Council may certify unpaid mowing and clean-up of property charges to Johnson County, for collection in the same manner as a property tax; and WHEREAS, thero exist unpaid mowing and clean-up of property charges for the owners and properties, and in the amounts specified in Exhibit A, attached to this Resolution and by this reference made a part hereof; and WHEREAS, the Council finds that the property owners have received a written notice of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the same manner as a property tax, unpaid mowing and clean-up of property charges, as stated in Exhibit A attached. Passed and approved this 22nd day of Apri 1 ,1997. CITY CLERK ann/ar/cleanup.doc MAYOR ,.pp~by City Attorney's Office Resolution No. 97-130 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be EXHIBIT A Sections 6-1-2c, 6-1-4a, b, City Code & Section 364.12 (3), Code of Iowa (1997) PROPERTY OWNER: John Zimmerman PROPERTY OWNER'S ADDRESS: 1925 H Street, Iowa City, IA 52240 PROPERTY: 1925 H Street, Iowa City, IA 52240 LEGAL DESCRIPTION: All lot 2 blk 31 EIC PARCEL NUMBER: 63694 CHARGES: Mowing - $77.85 PROPERTY OWNER: Nellie Cole Life Estate - Nellie Cole, Joan E, Cole, John D. Meade and Doris Meade, Frederick Kasper and Katherine Kasper, Wanda M. Drake, Keith Pirkl and Barbara Pirld and Donald and Patricia Pirkl. PROPERTY OWNER'S ADDRESS: c/o Donald F. Pirkl, 2718 340~ Street SW, Tiffin, IA 52340. PROPERTY: Rohret Road LEGAL DESCRIPTION: The N ~/~ SE ~A of Section 18, T.79N, R.6W., of the 5~ P.M., Iowa City, Johnson County, Iowa, except for those portions of right-of-way acquired by the City of Iowa City by Warranty Deed on December 1, 1995, consisting of .434 acres and .552 acres respectively. PARCEL NUMBER: 63778002 CHARGES: Mowing - $72.25 WILLIAM L. MEARDON WILLIAM F. SUEPPEL ROBERT N. DOWNER JAMES P. HAYES JAMES D. MoCARRAGNER MARKT. HAMER THOMAS D. HOBART MARGARETT, LAINSON DOUGLAS D. RUPPERT PAUL d. MoANDREW, JR, TIMOTHYd. KRUMM WILLIAM d. SUEPPEL CHARLES A, MEARDON STEVEN A, MICHALEK DAWN R. BARKER MEARDON, SUEPPEL, DOWNER & HAYES P.L.C. LAWYERS 1~2 SOUTH LINN STREET TELEPHONE: (3 19)338-9222 fax: (,3 I ~)) 338-7250 IOWA CITY, IOWA 5ZZ40 - 1830 City Council City of Iowa City, Iowa Civic Center 410 East Washington Street Iowa City, Iowa 52240 April 21, 1997 Re: Rohret Road Reconstruction Project, Phase 2 Dear Council Members: As part of the above-referenced project, the City of Iowa City, Iowa, acquired fee title to the real estate along Rohret Road owned by the Cole heirs. The Agreement between the parties was filed March 13, 1996, in Book 2048, Page 206, Records of the Recorder of Johnson County, Iowa. Since receiving the deed to this property, the City of Iowa City has attempted to assess mowing costs along the sidewalk and snow removal costs. We are now informed that this will be the subject of an assessment on the real estate taxes. Any assessment of the nature proposed is violatire of the terms of the Agreement referred to above. Had the City of Iowa City determined to take an easement (as it was presented originally to these owners) it would be a different matter. However, the parties who owned this property in 1996 are not liable for snow removal or for weed cutting along the sidewalk on the property which the City owns. Because this matter is being presented to the City Council for action concerning an assessment, this objection and explanation for it is filed prior to the time that such assessment is made by the City Council of the City of Iowa City. We ask that the p7osed assessment be dropped. ye~Fpe ct.ful~,~ubmi tted, WLM: seh Prepared by: Sarah Holecek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 97-131 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY 4-H ' BUILDING IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. WHEREAS, the City of Iowa City, Iowa has leased a portion of the 4-H building for storage of Streets Division equipment since 1976, which Lease expires on June 30, 1997; and WHEREAS, a new Lease for said business property has been negotiated for an increase in rental price, namely from $350 to $400 per month, for two (2) ten-month periods, with an automatic one-year renewal thereof unless canceled by the City, and with an optional one-year renewal thereof if exercised by the City; and WHEREAS, it is in the best interest of the public and City of Iowa City to execute the attached' Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Lease-Business Property, attached hereto and made a part hereof, is approved as to both form and content, including the attached Addendum. The Mayor and City Clerk are hereby authorized to execute and attest the Lease, and the City Clerk is directed to furnish a copy thereof to any citizen requesting the same. o The City Manager is hereby authorized to execute any subsequent renewals, as provided in the attached Lease-Business Property. Passed and approved this 22nd day of Ap~'i] , 1997. ATTEST: sarah\purch~4-hlease.res Resolution No. 97-131 Page 2 It was moved by Vande?hoer and seconded by adopted, and upon roll call there were: ThnrnhPrry the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Preparer Sarah 11olecek, Asst, City Arty; 410 E. Washington; Iowa City, IA 52240;'~5()-50'~() Individual's Name Sireel Address City Phone ~ SPACE ABOVE THIS LINE FOR RECORDER LEASE - BUSINESS PROPERTY THIS LEASE AGREEMENT. executed in duplicate. made end entered into Ih~u . 19 9'/ i)y and between JOllNSON COUNTY AGRICULTURAL ASSOCIATION (helsmalte~ celle(I lie 'Landlord") whose idaell Ioz the purpose of thil lalae is .... ~J~9..._il_lg~way 218 South Iowa City IA 52240 altd (Sires! sod NLtmbe~) (City) (State) . (Zip C'~e) CITY OF IOWA CITY, IOWA, (hererasher culled ~he "Tenertl') wh~e ad~ees f~ t~ purple of this leaea is ..... 4~ _~R~)]~ngton Street Iowa City IA 52240 : (Street end Numberi icily) (State) (Zip Code) WITNESSETH THAT: __ day of 1 PREMISES AND TERM. The Landlord. ~n cons~deralion of tile rents herein reserved and of the agreements und condmo.~ he~um C, 01tl~lllad, Oil the part ot the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases Ireill Landlord. dccordH)g Io the terme and prowsions herein, the following delcrlbed real estate. situated in Johnson Counly, Iowa. ~o wll: 50' x 150' barn known as the Swine Barn at the Johnson County 4-U Fairgrounds on Highway 218 South, equipped with natural gas burning heaters, said barn contains 7.500 square feet, more or less, w~th the ~mprovemenls thereon and ell rights. easements end appurtenances thereto belonging, which. more part~culurl¥, mctudes the updoe a,, pren,.ses as may be shown on "Exhi~t A," it end as may be artached hereto, for a term of 2 ten-monthPey~encing el midnight el the day previous to t~ first day of the lease term. which shall be on the 1mr day of .Sept~M~e.v.. 19~7-9~ and ending at midnight on the last day of the le~e term, which shell be ~ the ~0Ch day of June ..... the condm~n [l~ul Ihe Tenant PaYg lent (herelof. a~ olhefwisa perform8 8~ ifi Ibis leese provided. ~e ~o~e-~ec~ term ~s exclusive of July 1 through August 31. 2. RENTAL. Tonertl agrees to pey ~o La~lord as rental for said term, as follows: $ 400.00 per month. in advance, the firIt rent plyant ~ming due as provided below: Rental to be paid for 10 month period in 2 payments each year: January 1998 - $2,000 June 1998 - $2,000 January 1999 - $2,000 June 1999 - $2,00D h~ ~ddmo~ Io Ihe above monlhlv rental Tenertl shall also pay: all utilities used by Tenant. Atl uum~ shall be paid at the address of La~ord, as above designated, or at such o~her place in Iowa. of elsewhe~., may, trum Ilnlu Io lime, previously designate in Oelin(luelil [)Uylllen(~ shell draw interest at 9 -- % per annum from the due date. until p~d. 3. POSSESSION Tenant ~hatl be enfitl~ to possession on the first day of the term el this lease, i~ shall veld po~uefi~lOll io the Landlord u{ the tm~u and date of the clots of t~e lease term, axeapt aa herein otherwise expressly pro~. 6hould Landload be unable Io give possession on maid dale, TeninCa ~y ~iges ~hell be a rebating of t~ pro rate rental. 4. USE OF PREMISES. Tenan~ covenants a~ ~ree8 during the term of this lease to use a~ to occupy the leased pfem~ue5 only for Fo~ ~e~tm:l~onu on slich USe. see paragraphs 6 (cl, 6 (d) a~ 1 1 [b) below. b, QUIET ENJOYMENT. Landlord covenant:, titat ils usldle Ill said premises I~ ui dl~tulbull~;e by Itl~J Landlord or any other persons or legal entity whatsoever. IBut ~ee paragraph 14. below.) Ldndl.rd, alloil have Ihe right to mortgage all of its right. title, interest in said premises at any time without notlL:e, sublest Io Iiu~ o. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes letd premises in their present condition exsupl fur au~:h dllurulloll~ d~ IIIdy b~ ~xp~esaly harem p~ovlded. (hi LANDLORD'S DUTY ~ CARE AND ~INTENANCE. Landlord will keop [he roof, structural par~ of II~ Iluur, [~.) TENANT'S DUTY OF CARE AND MAINTENANCE. Tununt ~hall, slier taking possession ot suid prunu~u~ died unhl Without hlnillltg 1he generality of the fo~egoi~. Tenant will make ne~llary tepair~ to the ilwer. t~ plumbing, the wetel pipes and elecl~ical wi~ing, except as follows: luukdLl~ ul btupPdUe Ill day of the water gas o~ waste pipeu. The Tenanl agrees to maintain adequate heat to prevent freezing ot pipcu. and only If tile other letme Of Ihi~ leila fix relponeibilily for heating upon the Tenant. Tenant at its own expedite ittdy Iltb(dlt C~JVUIIIt~ dltd wdl lildlnldllt SUCh tiger coverrag in good cOndl[iOll. Tenant will be re~ponlible for the plate glees in the window6 el the leased plemi~es end lo~ maintaining t~ pe~g area. driveway= and sidewalks on and abutting the ~ased premise~, il th~ leased premises illGlade Ihe ground floor, and if the o~r term. o1 this leila include promiaea ~o ~acribed. Tenant shall make no 6lruclural altelalloll~ o~ improvements without the w~itten approval of the Landlord lirat had and obtained. of the pla~ and epecificalionu therefor (d) rul~dl~[ wdl make no unlawlut use of said p~enlisea and agrees to comply with all valid legelations of the Board of Hedlll~, d~ Gt~dllltU allV duly bV Tenant to members el the general public. If Te~ent. by the le~m8 el this lease is leasrag p~em~se~ on d~e IIuu~. H wdl not allow trash ol a~y ki~ to accumulate on ~ald plemiseu in the halls. if any, el the alley o~ yard in I~om, ~l~U thul~uI. end ~1 will ~emove same Item [he p~ses a[ its own expense. Irum lite u~dewulk on ~r abutting ~he premises. it p~emises include the g~ound floor. and it ~his lease may be fairly cotestreed t~ ~K[~XTenan: w~[[ no: be ~espons~b[e fo~ snow :emova[. 7. (d) UTILITIES AND SERVICES. Tenant. ~rlng the lerm of lhis lease, shall pay, before dehnquency, all charges for M~e of wdlut ~uw~ Ud~. hud~, (l~ heating is Tenant's [esponslbility} electricity, power, air co~itloni~g (it ~ conditlonm~ ~ the re~pun~lb~htv), ualbage disposal, trash O~spos~ and nol limited by the foregoing all olhe~ utilities a~ serwces of whatever kmd ndiU~u which may bu uued In o~ upon the de~sed premises. Payment for electricity used by Tenant wi]l ~de July 1 to Landlord for the previous ten month period. lb) AIR CONDITIONING equipment shall be furnished at the expenue otneither _._ a.d Ih~reuf dl Ihe expense of {Landlord or Tenant) (Lablord or Tenant) lu) JANITOR SERVICE shall be furnished at the expense ofneither ~Landlord or Tenanti (d) HEATING ~h~11 be furnmhed at the expemse ot Landlord, except that Tenant. will be responsible for ~LandiordorTenam) natural gas expense of heati~g. 8. ~) SURRENDER OF PREMtSES AT END OF TERM.-REMOVAL OF FIXTURES. Tenera ~g~ees t~a~ upon the ~e~mm~uon o~ ~h~ dupt~cidtioil ~rl~ln~ l[o~l ~p~e O~ tl~6. of dang8 wUho~ f~[ or l~bd~y o[ Tenam. ~[~Z~~ See No. 2 7. i~ not ~ d~ault here~m~er, remove 8my fixtures or eq~ip~eRt which ~sJd Ten~nt has insrelied in the leased p~e~s~, providing ~did (c) HOLDING OVER. Conlmued possessran. beyond th~ expiretor~ da~e of the term o~ this lee~e, ~y the'T~n~nL coupt~ w~U~ t~c~ipl of thu ~pecltied re~al b~ the La~lord ~ absent ~ written egreeme~t by both parties for en extension of [h~ I~, ot for ~ t~uw 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or cubletting of the premises ~r any part thereof. without tile Landlord's written permission shall. at the option of the Landlord, make the rental for the balance of the lease term due and payable st once, Such wrltl~ll permisuion shall not be unreasonably withheld. 10, (u) ALL REAL ESTATE TAXES. except as may be otherwise expressly provided in this paragraph 10, lev~ed or assessed 0¥ Idwl~l dulhonly (b~.lt redsollebly preserving Landlord's rights of appeal) against said real property shall be timely paid by the purt~u~ lollowing proporlionu: by Landlord 100 %; by Tenant Increase in such taxes. excepl as in the next paragraph provided, above the amount paid d~ring the baue yudr el yud~ d d.d ea may be defined in this paragraph) shall be paid by Landlord, [00%; by Tenant ..........~. htcre~uu In ~uch tsxes caused by impr~ementa of Tenant shall be paid by Landlord[00%; by Tendn[ .... PERSONAL PROPERTY TAXES. Tenant agrees to timely pay ell taxes, assessments or other public charge~ levied uulhunly (but ~ea~onebly pr~aer~ng Te~nt'a rights of appeal) against its personal property on the premises, dunn0 SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the parties in [he following propoHIonu: Ld~dto~d .....[~_~ %; by the Te~nt %. SEE P~AG~PH NO. 27. u.ually covered by extended ooverag~; a~ s e,,e,.~J~i~.~t~,i};~.~,~F~l~&..~,,.r;~,u,ura a oertd[cation from the ru.puullvo ........... ~ Landlord by Tenant. ISee a~e 11{~) (2) SEE PARAGRAPH NO. 27. Ih~-.t~l U~ldlO inlptuvuntents OI~ the premises or upon elW peruanal pfop~tly of the Ionertl upon which Ih~ Ldndlo[d by law ~' , ..... ~.' .... , ~h~ll have ~ ,,o~. I ~lb~11 r~a~e not to be waived ~ea a special provision is auached to lhii leale. ~11 Id~ m~ r~l[er uOre~compIv w~h recommendations of Iowa inuu~unce Servme Bureau and t~b~ fur d.~)rump~ly ,1~ d U~H rul~~l, day increin 1~aur&nc~ rato~ on 5aid premi~us d~d on Ihe bUltdlRg o~ whysaid pfunll~,'~dll. ~RAN~ ~C~ED~~andlord s~oltle and adjust any claim agdmS~uura~ campday UlldUf ~ iJ,;l~,u:. ,~: ud ' I lh prem~ ~ '~nd sai~.insufan~ mo~h~tl be paid Io and held~e L~dlo,d to be used m p,y ...... ~t ..... ~,1 t~~ d"~ th~ ~ t, ~ n~~l~~ I' INDEMNITY AND LIABILITY INSU~N~ E t~gen~~f the L~dlo~~ ~mg out el rool~~~d f~..(~arul p..k~ ,,~ tl t t II I th~ ~ ~~~h gh~f~~~~~ant further cwundnL5 u.d d .000 hullo Ih~ Ldndlurd bo/o~e cancellation sh~l ~e delivered to the Landlord within twenty 1201 ..... Ody~ · '" v ,~I Uv/ kv~'mm~ el ih~ term el this tease. Aitu muufQ~oo at the Landlord Iol roof a~ otruolu~ol lault~. ou~ pu~a~aph-~-~.. 13 FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (u) in Ihe evem of e partial ~eatructmn ~r d~r~,~ge ul Hm ............ day~ el ill OCCUr~en~ unleus provenled f~om so doing by acts of God, the elements. lhe pubhc enemy, (b) ZONING. 5hmdd Ihe zoning ordinance at the c~ty or municlpahW in which this p~operly iu located m~ko ~1 ~mpou~blu to* (~) TOTAL DESTRUCTION OF BUSINESS ~E, In the event of a destruction or damage of the leased ptemlueu including the Ihu than ~;urrunl le~dt uuu tot which the premises are being used and which damages cannot be repaired within 81xly 1601 .......... days this lease may be terminated at the option of eilhe~ Ihe Landlord or Tenant. Such lermmdtm.., ~uch bhdll b~ UlIu~IuO hy written notice of one party to the other, within twonW (20) days after 8uch Ou~tructlbll Tulmlu 14. CONDEMNATION. (a} DISPOSITI~ ~ AWARDS. Should the whole or day part of the demised proneue~ be cot~dufttfl~O u~ (b} DATE OF L~SE TERMINATION. If the whole of the demised prem~ses shall be so condemned or taken, lh~ Landlord ~halt liable lu Ihu T~nanl oxcepl and aa its ngh[s are preserved as in paragraph 1 4(a) above. 15. TERMINATION OF L~SE AND D~AULT8 OF TENANT. (a) TERMINATION UPON EXPIATION OR UPON NOTICE OF DEFAULTS. alta If rely ~uch option 18 exercised by the Tenant, then this lease will terminate at the expiration of the optran tu.n o~ t~r,nu. lUdUU may at the ophon of the La~lord be c~cellod and forfeited, PROVIDED, HOWEVER, before any such cancelleach ut~d ~xcupl d~ provided m 15lb) below, La~lord shall give Tenant a written notice specifying the default or defaults, and staling that luau~ wdl be cun~olled d~O forfeited Ion (101 days after the giving of such notice, unless such default, or alefauns. are reinedrod wllhin $uch g~aeo period. (See paragraph 22, below.} Aa an additional optional procedure or a~ an dlt~mdhvu tu I~lu~onlU (d.d nullher exclusive of the other) La~lord mdy proceed as in paragraph 21, below, provided. O)l BANKRUPTCY OR INSOLVENCY OF T~ANT. ht the event Tenant ~u ~judicated a bankrupt of m the ovum of u ju(h~lul ~.lu by dudIll, and uu~h bankruptcy, judicial sale or transfer has not been vacated of ~et aside within ten (10) dayu from the U~wn~ ul in~ml~uu, upon giwng o~ ton (10) days' wntten norms by Landlord lo Tenant, all to the extent permitted bv apphcabie law. h;) h~ (a} and (bl above, waiver as to any default shall nol constitute a waiver of any subsequent default at (all Ac~plancu of keys, advertising a~ re-renting by the Landlord upon the Tenam's default shall be conotrtmd only dU an cltorL lb RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. It default shall be m~du by u~thu* p,HIy Ihul~ (30) days after written notice lhoroof flom o~o party to the other, the perso~ aggrieved, in addition lo all other rumud~eb n~w advanced ul~dlt be repaid 1orlhwIth on demand, together with i~torost at the rate of 9 % per annum, tram data Of ddVd~ICU. 17. 81GN8 (ol Tenam shall have the right and privilege of attaching, affixing, painting or exhibiting s~gnu on the I~d~ud pruv~d~d univ {11 Illel any a~d all 8ig~s shall c~ply with the ordinances of the city or mu~iolpality Ln which the pr~petlV i~ located the IdWU Of the Slate Of IOWa; (2) such Signs shall not change the structure of the building; (3) such signs if and when taken dOWll nul d~m~Ue thu budding; and (4) such signs shall be subiect to the written approval of the La~lord, which approval ~l~dll IiUl UlUud~ondbly withhold. lb) Lm~dlord dunng the last ni~ety ~90) days of thi~ lease, or extension, shall have the right to maintain ih Ih~ wmOow~ ~ on tim bUlldmU ~ on th~ pr~mise8 either or both a 'For Ront" or "For Sale" sign and Tenant will permit, at such IlRlO. presCott*re I~ndllt~ (3l 18 MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, el under the Tenant, shdll hdvu the 19. LANDLORD'S LIEN AND SECURITY ~EST. rs) Said Lu~lord shall have m addbran to the lien g~ven by law, du i~r.wdud by [hu Undotin Commercial C~e of Iowa, upon all personal properly and all subslitutiona thet~tu~, kept plulla~ua by T~n~lll, Lar~lord may proceed el law or in equity with any remedy provided by law o~ by lhiu led~u to[ thu (hi SPOUSE. II upouse ta not a Tenant. then lho e~oculion el thlu iRalru~ellt by the spouse shall be for Ihe aolu 20 SUBSTITUTION OF EQUIPMENT. M~C~NDISE. ETC. (u) The Tenm~t shall have the nght, from time tu t~mu, d...U [hl~ led~U, el lenuwal lhe~eOJ, IO sell or otherwise dispose el any personal property of the Tenant situated on the ~uld thaieel, in hku ut U~eat~r value end adopied to t~ altixed operalion of Ihe bushmss upon the demised 2 I, RIGHTS CUMULATIVE. The various nght~, powers, options. ul~cPon~ and reinedroe of either party, prowdad m Hub palfly Dy law, dlld uh~11 m I10 way effect or i~r the righi of either pa~tV to pursue any other equitable or legdl rutneaT patty ll~aV bu aliiflied d~ long as any default re.ns in any way umemedied, unsut~shed or undischa~ged. 22. NOTICES AND DEMANDS. Noti~ ~ ~o~ded for in this lease shall be given to lhe respective parties he~elo requested, hy Ihe Uleted States mail a~ so de~slted in a United States mail box, 23. PROVISIONS TO BIND AND BENEF~ SUCCESSES. ASSIGNS. ETC. Each and every covenant a~ tPd[ ii e~ty pall ~1 Ihl~ lease is held in joim te~y, the successor iR iRlete~l ~h~ll be the surviving jeiji lenare. 24. CHANGES TO BE IN WRITING. None el Ihe covenants, provisions. ~erms or conditions of this lease to be kept duhvu~ud 1. die Landlord and TenanL Thi~ ~ c~laine lhe whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Le~lord, appears aa a par~y signatory to thin lease solely for the purpose el 26. CONSTRUCTI~. Words and phrsses ~ein. including acknowledgmenl hereof, shell be conslrue~ aum the 27. RENEWAL ~D I~EMNIFICATION. See attached Addendum. IN WITNESS WHEREOF. the parties hereto have duly executed this lease in duplicate the day and year hrst above By: ,~g"~ -~"L~ ' ~ ' -- ............ .... LANDLORD'S SPOUSE Rich~r~ ~ -- -- ISee paragraph 25) ' CITY OF IOWA CITY, IOWA TENANT'S SPOUSE TENANT {See paragraph 19(bH Xa mi. . ayor Marian K. Karr, City Clerk (4) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ? ~'j~ day of n s'~ai ,1997, before me, the undersigned, a Notary Public in and for said County, i State, personally appeared Richard Gay, to me personally known, who being by me duly sworn, did say that he is the Manager of the Johnson County Agricultural Association; that no seal has been procured by the said Association; that said instrument was signed on behalf of said Association by authority of its Board of Directors; and that the said Richard Gay, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Association by it and by them voluntarily executed, Notary Public in and for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z2 ~ day of ~¢; I , 1997, before me, the undersigned, 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; thatthe 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 Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa. ADDENDUM TO LEASE - BUSINESS PROPERTY Automatic Renewal for an Additional Term for September 1999 to June 2000. The Lease - Business Property shall automatically renew for an additional term, as hereafter provided, unless Tenant, by its City Manager, notifies Landlord in writing of its intention to cancel this Lease, which notice shall be given not less than sixty (60) calendar days prior to the expiration date of the renewal term, June 30, 1999. The additional term shall commence at midnight on the first day of September, 1999, and shall end at midnight on the last day of the additional term, which shall be on the 3Oth day of June, 2000. Optional Renewal for an Additional Term from September 2000 to June 2001. The Lease - Business Property may, at Tenant's option, be renewed for an additional term by Tenant's City Manager giving notice of its intention to renew this Lease, which notice shall be given not less than sixty (60) calendar days prior to the expiration date of the renewal term, June 30, 2000. The additional term shall commence at midnight on the first day of September, 2000, and shall end at midnight on the last day of the additional term, which shall be on the 30th day of June, 2001. Rental During Renewal Terms. During each renewal term as above provided, Tenant agrees to pay Landlord rental as follows: $4,000 for each ten-month renewal term, payable in two payments of $2,000 each, to be paid on January 1 and June 1 during each renewal term. Indemnity. Landlord agrees to assume liability for any and all losses, costs, damages, and expenses occasioned by or arising out of any accident or other occurrence causing or inflicting injury and/or damage to any person or property happening or done in, upon, or about the leased premises, EXCEPT that Landlord shall have no liability for any losses, costs, damages, or expenses to Tenant or Tenant's employees, or to Tenant's or Tenant's employees' property, incurred by Tenant or its employees in, upon, or about the leased premises when such losses, costs, damages, or expenses are directly caused by the negligence of Tenant or its employees and Tenant shall further hold Landlord harmless for any loss of Tenant's or its employees' property in the event of fire, theft, malicious mischief or vandalism. Res. No. The meeting was called to order by the following Council Members were present: , Mayor, and on roll call Absent: The City Council then proceeded to discuss the matter of calling a special city election. Council Member introduced the following Resolution entitled "RESOLUTION CALLING A SPECIAL CITY ELECTION," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: ppdadmin/spelectn,not 2 Prepared by: Karin Franklin, Director, Planning & Community Developmt., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RESOLUTION CALLING A SPECIAL CITY ELECTION. WHEREAS, the City of Iowa City, Iowa, proposes to contract indebtedness and issue general obligation bonds to provide funds to pay costs of a general corporate purpose project hereinafter described; and WHEREAS, Section 384.26 of the City Code of Iowa, provides that before the Council of a City may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special City election to vote upon the proposition of issuing said bonds in accordance with the provisions of said statute; and WHEREAS, neither the proposal for the issuance of the bonds hereinafter set forth, nor any other proposal incorporating any portion of it, has or will have been submitted to the electors of the City for a period of more than six months prior to the date of election hereinafter provided; and WHEREAS, the Iowa City Press-Citizen is a legal newspaper, as defined by Section 618.3 of the Code of Iowa, and is published in said City and of general circulation therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That there is hereby called a special City election on Tuesday, the 4th day of November, 1997, at which election there shall be submitted to the qualified electors of said City the following question, to-wit: "Shall the City of Iowa City, Iowa, issue its bonds in an amount not exceeding the amount of 922,000,000 for the purpose of constructing and equipping a multi-purpose cultural center including an expanded public library; a 500-seat performance auditorium; gallery and exhibit space; and a 100-space parking garage?" Section 2. That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be printed on colored paper other than white, substantially in the form set forth in the notice of election. That said notice shall show the names of all candidates or nominees and the office each seeks, if any, and if more than one public measure shall be submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Resolution No, Page 2 Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, not less than 1 5 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Johnson County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in the Iowa Press-Citizen, a legal newspaper, as defined by Section 618.3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election and the Clerk of said City is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all of the necessary proceedings in order to make said election legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body under the provisions of Chapter 47 of the Code of Iowa. Passed and approved this day of , 1997. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: ppdadmin\spelectn.res the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: April 17, 1997 City Council Karin Franklin, Director, Bond Issue Referendum Included in your packet is a resolution setting a special election on a referendum which asks the voters whether the City should issue bonds for a multi-purpose project on Parcel 64-1a or not. The questions for Council discussion at the work session on Monday evening are: The date of the election; The not-to-exceed amount for the bond issue; and The description of the project. Election Date: At the joint meeting of the City Council and the Library Board, the consensus of the group was to hold the election on the bond issue during the general election in November. Another option is the September School Board election. Using either of these dates will eliminate the cost of a special election. It was concluded at ~he joint meeting that calling a special election, i.e. other than the School Board or general election, at a date sooner than the School Board election would not be practical in terms of organizing a referendum campaign. Dollar Amount of Bond Issue: The amount that is included on the resolution, as drafted, includes the $2.6 million for the subterranean parking spaces. Originally, we had anticipated that this part of the project would be funded with parking revenue bonds as are all of our other parking facilities. However, considering the bonds which have already been sold for other facilities and our intention to construct a facility south of Burlington Street, you may wish to consider including the cost of the subterranean parking for the multi-purpose project in the general obligation bond referendum. In speaking with Kevin Monson it is clear that much of the $2.6 million can be attributed to a basement in this building. It is advisable to have a basement in a structure of this size. Therefore, the incremental cost of using this basement space as parking is less than the $2.6 million. Therefore, I believe you can justify including that amount in the general obligation bond referendum. Description of Project: The description of the project includes the 100+ space parking facility. If in answer to the second question you decide to fund the parking with parking revenue bonds, the description should be changed to delete reference to the parking facility. In addition to discussion of these questions, we will also spend some time Monday evening discussing operational costs of the project and how to fund them. Please refer to a memorandum dated March 13 in which I outlined some options for revenue sources. Additional information related to current and projected operating revenues will also be provided. cc: Stephen J. Atkins Don Yucuis Susan Craig Im\kf4-16.doc