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HomeMy WebLinkAbout2004-03-02 Resolution Prepared by: Mitchel T, Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-54 RESOLUTION OF INTENT TO CONVEY A TWENTY FOOT WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED WITHIN LOT 3, RUPPERT HILLS SUBDIVISION, TO RAYCAL, IOWA LTD., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 16, 2004 WHEREAS, RayCal Iowa, Ltd. , as the record owner of the above-referenced property and property adjacent thereto has requested that the City quit claim any interest the City may have in said above-referenced property by virtue of an 1848 plat; and WHEREAS, the owners of said property have paid real estate taxes on it for many years, the City has never acknowledged, used or needed said property for any public purpose, and the City has been granted all necessary property interests in connection with the final plat of Ruppert Hills Subdivision; and WHEREAS, the disposition of the subject property is in the pubtic interest. NOW, THEREFORE, BE iT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the above- referenced parcel of property, to RayCal Iowa Ltd. 2. A public hearing on said proposal should be and is hereby set for March 16, 2004, at 7:00 p.m. in Emma Harvat Hall of the Civic Center, 410 East Washington Street, Iowa City, iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 2nd day of H~,?~ ,2004. ClT~CLERK Approved by ~i~ ~,tior"r~'s Office~ Resolution No. 04-54 Page 2 It was moved by Champi on and seconded by 0 ' Donne'~ 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Klm Johnson, PW, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 04-55 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION (STP-E-3715(624)--8V-52) 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: 1. That a public headng 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 16~h day of March, 2004, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public headng for the above-named project 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. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for 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 March ., 20 04 MAYOR Approved by cI'rY~LERK ' - vci[y A~torney's Office It was moved by Champion and seconded by 0'Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn. Bailey. Champion. Elliott. Lehman. O'Donnell~ Vanderhoef NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 04-56 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Refunding Bonds to the amount of not to exceed $18,150,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- Section 1. That this governing body meet in the Emma J. Harvat Hall, City Hall at IowaCity, Iowa, at 7:00o'clockP__.M.,onthe 16th dayof ~larch , 2004, for the purpose of taking action on the matter of the issuance of not to exceed $18,150,000 Sewer Revenue Refunding Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding sewer revenue indebtedness of the City. Section 2. The Finance Director and/or City Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- Publish 3/9 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 16th day of March, 2004, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hail, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $18,150,000 Sewer Revenue Refunding Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of refunding outstanding sewer revenue indebtedness of the City. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 9th day of March, 2004. s/Marian K. Kan' City Clerk of Iowa City, Iowa PASSED AND APPROVED this 2nd day of March 2004. Mayor ATTEST: City"E%rk -5- N NOTICE OF MEETING OF THE CITY COUNCIL OF THE//// "' CITY OF IOWA CITY, IOWA, ON THE MATTER OF TH~,'"' -. PROPOSED ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BOND,~OF ',, SAID CITY, AND THE HEARING ON THE ISSUA]~2E X~HEREOF / 'x I/ PUBLIC ~[xOTICE is hereby given that the City Council//f the City of Iowa City, Iowa, will hold a p0~blic hearing on the day of / ,2004, at o'clock __.M.,'in the Emma J. Harvat Hall, City ~' ' __ Hall;in Iowa City, Iowa, at which meeting the City Councilproposes to take additional actio~for the issuance of not to exceed $18,150,000 Sewer Revenue Refunding Bonds o~said City. Said bonds will not constitute general obligation~ or be payable in any m,a,~e.r Cy taxation, but will be payable from and secured by ihe net revenues of thepClunicipal Sanitary Sewer Utility. Said bonds are proposed to be i~ued for the purpo~ of paying costs of refunding outstanding sewer revenue indebtedness of the C' . At the above meeting oral or ~'itten o/15jections from any resident or property owner of said City to the above action ~t~alVoe received. After all objections have been received and considered, the Council wii}~,ht said meeting or at any adjournment thereof, take additional action for the issuance ot~ said; bonds or will abandon the proposal to issue said bonds. ~ This notice is given by orja~r of said gove~ing body as provided by Section 384.83 City C of the ode of Iowa. / Datedthis __ of "\ ,2004. City Clerk of Iowa ~i.ty, Iowa (End of Notice) ////" Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' 0onnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn. Bailey. Champion. Elliott. Lehman, O'Donnell. Vanderhoef NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 04-57 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $ ! 7,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Refunding Bonds to the amount of not to exceed $17,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -6- Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P.M., on the 16th dayof ~4arch , 2004, for the purpose of taking action on the matter of the issuance of not to exceed $17,000,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding general obligation indebtedness of the City. Section 2. The Finance Director and/or City Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 4. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- Publish 3/9 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 16th day of March, 2004, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $17,000,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding outstanding general obligation indebtedness of the City. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 9th day of March, 2004. s/Marian K. Kart City Clerk of Iowa City, Iowa PASSED AND APPROVED this 2nd dayof March , 2004. Mayor ATTEST: City C'¥~fk MMCGINLEY~02651\1\10714.054 & .083 -9- NOTICE OF MEETING OF THE COUNCIL OF THE CITY N'N OF IOWA CITY, IOWA, ON THE MATTER OF THE / PROPOSED ISSUANCE OF NOT TO EXCEED j/'/ $17,000,000 GENERAL OBLIGATION REFUNDING ~ BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) J/ ,, OF SAID CITY, AND THE HEARING ON THE /,/_ ~""x ISSUANCE THEREOF // PUBLICxNOTICE is hereby given that the Council of the Cjt~ of Iowa City, Iowa, will hold a pubh'~,hearing on the day of ' ,2004, at o clock 4M., m the Emma J. Harvat Hall, C~ty Hall, Iowa C~ty, Iowa, at which meeting the Coun~J1 b'mposes to take additional action for the issuance of not to exceed $17,000,000 General Obligation Refunding Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding outstanding general obligation indebtedness of the City. At the above meeting the Council shall rece/ve oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the C6~lncil of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this davy/of ,2004. City Clerk of Iowa'Clty, Iowa Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 04-58 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT AND TO ACQUIRE PROPERTY FOR THIS SEGMENT OF THE PROJECT; AND SETTING DATE OF PUBLIC HEARING. WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Camp Cardinal Road Project, which includes the construction of Camp Cardinal Road from Melrose Ave. to city limits, which project is to be known as the Camp Cardinal Road Project; and WHEREAS, the City of Iowa City, for the purpose of this resolution, intends to acquire property only within Segment A, referenced in the Memorandum of Understanding between the City of Iowa City, City of Coralville, and Southgate Development, dated December 13, 2001; and WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Camp Cardinal Road Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the City's intent to proceed with the Camp Cardinal Road Project and to acquire property rights therefore is to be held on the 6t~ day of April, 2004, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form; said publication to be published 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. Resolution No. 04-58 Page 2 Passed and approved this 2nd day of Hat'ch ., 20 04 CITY ~-"L_ERK City Attorney's Office It was moved by Champ'ion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman ){ O'Donnell X Vanderhoef × Wilburn pwe~g/res/camp Cardinal.dOC 2/O4 Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 04-59 RESOLUTION AUTItORIZING TIrIE MAYOR TO SIGN AND TIlE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN TIlE CITY OF IOWA CITY, LUBIN TRUST, AND MOTIF, LTD. d/b/a BO-JAMES FOR A SIDEWALK CAFI~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lubin Trust, as landlord, and Motif, Ltd. d/b/a Bo-James, applied for temporary use of the public right-of-way at 118 E. Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf~ and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 2nd day of [qarch _,~04. ATTEST:~ Approved by: City Attorney's Office Bo-James Sidewalk Caf6 Res Resolution No. 04-59 Page 2 It was moved by Champioll and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Shelley McCa4fedy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB04~0002) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART 9, IOWA CITY, IOWA. WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part 9, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in the West One-Half of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, to wit: Beginning at the most Easterly corner of Galway Hills Subdivision ~ Part Eight, in accordance with the Recorded Plat thereof; Thence N59°21'58"W, along the Northeasterly line of said Galway Hills Subdivision ~ Part Eight, 193.22 feet; Thence Southwesterly, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 34.25 feet, and a 210.00 foot radius curve, concave Northwesterly, whose 34.21 foot chord bears S35°18'20"W; Thence N50°01'22"W, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 153.17 feet, to the Northeast corner thereof, and a point on the South line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof recorded in Book 31, at Page 247 of the records of the Johnson County Recorder's Office; Thence S89°58'58"E, along the South line of said Galway Hills Subdivision, Part One, 31.26 feet, to the Southeast corner thereof; Thence N00°01'02"E, along the East line of said Galway Hills Subdivision, part One, 141.98 feet; Thence N08°46'04"E, along the said East line, 124.79 feet; Thence N27°46'53"E, along the said East line, 21.91 feet, to the Southwest corner of Galway Hills Subdivision - Part Seven, in accordance with .the Plat thereof recorded in Book 46, at Page 253 of the records of the Johnson County Recorder's Office; Thence S69°50'35"E, along the Southerly line of said Galway Hills Subdivision - Part Seven, 134.06 feet; Thence Southwesterly, along said Southerly line, 8.56 feet, and a 325.00 foot radius curve, concave Southeasterly, whose 8.56 foot chord bears S19°24'08"W; Thence S71°21'10"E, along said Southerly line, 187.00 feet; Thence S04034'50"W, along said Southerly line, 31.29 feet; Thence S82°34'27"E, along said Southerly line, 81.55 feet; Thence N89°54'28"E, along said Southerly line, 85.41 feet; Thence N81°15'35"E, along said Southerly line, 143.78 feet; Thence S06°55'18"E, along the Westerly line of said Galway Hills Subdivision - Part Seven, 175.16 feet; Thence Northeasterly, along said Westerly line, 2.37 feet, and a 419.15 foot radius curve, concave Southeasterly, whose 2.37 foot chord bears N83°14'25"E; Thence S06°35'51"E, along said Westerly line, 125.00 feet, to the Southwest corner thereof; Thence S78°18'51"W, 67.61 feet; Thence S79°47'13"W, 63.50 feet; Thence S89°48'19"W, 96.82 feet; Thence N87°32'1 I"W, 79.86 feet; Thence N83°27'53"W, 74.99 feet; Thence N07°03'26"E, 125.00 feet; Thence N82°56'34"W, 20.00 feet; Thence S07°03'26"W, 136.28 feet, to the Point of Beginning. Said Parcel of land contains 4.76 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, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. Page 2 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 ownedsubdivider. Passed and approved this . day of ,2004. MAYOR Approved by CITY CLERK 'C~y ~,tto~e~s Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliot Lehman O'Donnell Vanderhoef Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB04-00002 Galway Hills Part 9 Date: February 19, 2004 GENERAL INFORMATION: Applicant: Dave-Ed Limited 18 Donegal Place Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA $2240 351-8282 Requested Action: Approval of final plat Purpose: To create a 16-1ot residential subdivision Location: Intersection of Donegal Court and Ireland Drive Size: 4.76 acres Existing Land Use and Zoning: Undeveloped, RS-5 Surrounding Land Use and Zoning: North: RS-5, Low Density Single Family Residential South: RS-5, undeveloped East: RS-5, undeveloped West: RS-5, undeveloped Comprehensive Plan: 2-8 dwelling units per acre File Date: February 12, 2004 45-Day Limitation Period: March 25, 2004 BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. is requesting approval of the final plat of Galway Hills Part 9, Lots164- 179. This subdivision is 4.76 acres of the 19.01-acre Galway Hills Pads 7,8 and 9 subdivision. The preliminary plat for Galway Hills Parts 7, 8 and 9 was approved by City Council on May 6, 2003. 2 ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers have been submitted and are being reviewed by the City Engineer and Attorney. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. A water main extension fee is required for 4.76 acres at $395 per acre for a total fee of $1880.20. STAFF RECOMMENDATION: Staff recommends that SUB04-00002, a final plat of Galway Hills Part 9, a 4.76-acre, 16-1ot residential subdivision located at the intersection of Donegal Court and Ireland Drive be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: /,~"~ Robert Miklo, Senior Planner, Department of Planning and Community Development ~ ~---F-j'~k-.''/ ~ ~ '~ /f ~~ West High School SITE LO~TION: Galway Hills Pa~ 9 SUB04-O0002 FINAL PLAT GALWAY HILLS SUBDIVISION - PART NINE Prepared by: Shelley McCafferty, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240; 319,356-5243 (SUB0ZF00003) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART 8, IOWA CITY, IOWA. WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part 8, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in the West One-Half of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, to Wit: Beginning at the most Easterly corner of Galway Hills Subdivision - Part Eight, in accordance with the Recorded Plat thereof; Thence N59°21'58"W, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 193.22 feet; Thence Southwesterly, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 34.25 feet, and a 210.00 foot radius curve, concave Northwesterly, whose 34.21 foot chord bears S35°18'20"W; Thence N50°01'22"W, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 153;17 feet, to the Northeast corner thereof, and a point on the South line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof recorded in Book 31, at Page 247 of the records of the Johnson County Recorder's Office; Thence S89°58'58"E, along the South line of said Galway Hills Subdivision, Part One, 31.26 feet, to the Southeast corner thereof; Thence N00°01'02"E, along the East line of said Galway Hills Subdivision, Part One, 141.98 feet; Thence N08°46'04"E, along the said East line, 124.79 feet; Thence N27°46'53"E, along the said East line, 21.91 feet, to the Southwest corner of Galway Hills Subdivision - Part Seven, in accordance with the Plat thereof recorded in Book 46, at Page 253 of the records of the Johnson County Recorder's Office; Thence S69°50'35"E, along the Southerly line of said Galway Hills Subdivision - Part Seven, 134.06 feet; Thence Southwesterly, along said Southerly line, 8.56 feet, and a 325.00 foot radius curve, concave Southeasterly, whose 8.56 foot chord beare S19°24'08"W; Thence S71°21'10"E, along said Southerly Pine, 187.00 feet; Thence S04°34'50"W, along said Southerly line, 31.29 feet; Thence S82°34'27"E, along said Southerly line, 81.55 feet; Thence N89°54'28"E, along said Southerly line, 85.41 feet; Thence N81°15'35"E, along said Southerly line, 143.78 feet; Thence S06°55'18"E, along the Westerly line of said Galway Hills Subdivision - Part Seven, 175.16 feet; Thence Northeasterly, along said Westerly line, 2.37 feet, and a 419.15 foot radius curve, concave Southeasterly, whose 2.37 foot chord beare N83°14'25"E; Thence S06°35'51"E, along said Westerly line, 125.00 feet, to the Southwest corner thereof; Thence S78°18'51"W, 67.61 feet; Thence S79°47'13"W, 63.50 feet; Thence S89°48'19"W, 96.82 feet; Thence N87°32'11"W, 79.86 feet; Thence N83°27'53"W, 74.99 feet; Thence N07°03'26"E, 125.00 feet; Thence N82°56'34"W, 20.00 feet; Thence S07°03'26"W, 136.28 feet, to the Point of Beginning. Said Parcel of land contains 4.76 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 Ptanning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. Page 2 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 day of ,2004. MAYOR Approved by CITY CLERK i y orney s Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliot Lehman O'Donnell Vanderhoef Wilburn STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB04-00003 Galway Hills Part 6 Date: February 19, 2004 GENERAL INFORMATION: Applicant: Dave-Ed Limited 18 Donegal Place Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Approval of final plat Purpose: To create a 10-lot residential subdivision Location: Donegal Court east of Tipperary Raoad Size: 3.31 acres Existing Land Use and Zoning: Undeveloped, RS-5 Surrounding Land Use and Zoning: North: RS-5, Low Density Single Family Residential South: RS-5, Low Density Single Family Residential East: RS-5, undeveloped West: RS-5, Low Density Single Family Residential Comprehensive Plan: 2-8 dwelling units per acre File Date: February 12, 2004 45-Day Limitation Period: March 25, 2004 BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. is requesting approval of the final plat of Galway Hills Part 8, Lots 154- 163. This subdivision is 3.31 acres of the 19.01-acre Galway Hills Parts 7,8 and 9 subdivision. The preliminary plat for Galway Hills Parts 7, 8 and 9 was approved by City Council on May 6, 2003. 2 ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and regal papers have been submitted and are being reviewed by the City Engineer and Attorney. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. A water main extension fee is required for 3.31 acres at $395 per acre for a total fee of $1307.45. STAFF RECOMMENDATION: Staff recommends that SUB04-00003, a final plat of Galway Hills Part 8, a 3.31-acre, 10-lot residential subdivision located Donegal Court east of Tipperary Road be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Robert Miklo, Senior Planner, Department of Planning and Community Development FINAL PLAT GALWAY HILLS SUBDIVISION - PART TO IOWA CITY, IOWA .......... ~r t~. w~ & ~.~ ~o ~ ......... ~i ....... :- -~---~.~-. .... ~-,- ,,, tLLaRF, E_"f West High School R~5 P Galway Hills Pa~ 8 SUB04-00003 6f Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356~5243 (SUBC4-00004) RESOLUTION NO. 04-60 RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part 19B, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the fo!lowing-described real estate in a Portion of the West One-Half of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, to wit: Commencing at the Northwest corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°29'10"E, along the West line of the Southeast Quarter of said Section 7, a distance of 187.03 feet, to the Point of Beginning; Thence S89°58'56"E, 106.74 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord beam N45°01'04"E; Thence S89°58'56"E, 50.00 feet; Thence Southeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northeasterly, whose 28.28 feet chord beam S44°58'56"E; Thence S89°58'56"E, 177.00 feet, to the Northwest corner of Windsor Ridge ~ Part Seventeen "B", in accordance with the Plat thereof recorded in Book 46, at Page 188, of the records of the Johnson County Recorder's Office; Thence S00°01'04"W, along the West line of said Windsor Ridge - Part Seventeen "B", 50.00 feet; Thence S89°58'56"E, along the West line of said Windsor Ridge - Part Seventeen "B", 45.00 feet; Thence S00°01'04"W, along the West line of Windsor Ridge - Part Seventeen "B", 228.00 feet; Thence Southwesterly, along the West line of said Windsor Ridge - Pad Seventeen "B", 45.10 feet, and a 400.00 foot radius curve, concave Northwesterly, whose 45.07 foot chord bears S03°14'51"W, to the Northeast corner of Windsor Ridge - Part Nineteen "A", in accordance with the Plat thereof recorded in Book 46, at Page 190, of the records of the Johnson County Recorder's Office; Thence N89°58'56"W, along the North ne of sa d W~ndsor R~dge - Part Nineteen "A", 127.95 feet, to the Northwest corner thereof; Thence S00°29'10"E, along the West line of said Windsor Ridge - Part Nineteen "A", and the West line of Windsor Ridge - Part Eighteen "B", in accordance with the Plat thereof recorded in Book 46, at Page 189, of the records of the Johnson County Recorder's Office, 697.49 feet, to the Southwest corner thereof; Thence S62°36'31"E, along the Southerly line of said Windsor Ridge.- Part Eighteen "B", 45.06 feet, to a point on the Westerly line of Windsor Ridge - Part Sixteen, in accordance with the Plat thereof recorded in Book 45, at Page 15, of the records of the Johnson County Recorder's Office; Thence Southwesterly, along said Westerly line of Windsor Ridge - Part Sixteen, 91.03 feet, along a 350.00 foot radius curve, concave Southeasterly, whose 90.77 foot chord bears S19°56'58"W; Thence S12°29'54"W, along said Westedy line, 9.01 feet, to the Northeast corner of Windsor Ridge - Part Eighteen "A", in accordance with the Plat thereof recorded in Book 46, at Page 102, of the records of the Johnson County Recorder's Office; Thence Northwesterly, along the Northerly line of said Windsor Ridge - Part Eighteen "A", 104.98 feet, along a 775.00 foot radius curve, concave Southwesterly, whose 104.90 foot chord beam N81°22'56'~N; Thence Northwesterly, along the Northerly line of said Windsor Ridge - Part Eighteen "A", 30.01 feet, along a 20.00 foot radius curve, concave Northeasterly, whose 27.27 foot chord bears N42°16'33"W; Thence N87°37'56"W, along the Northerly line of said Windsor Ridge - Part Eighteen "A", 50.02 feet; Thence Southwesterly, along the North.erly line of said Windsor Ridge - Part Eighteen "A", 31.02 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 28.00 foot chord bears S45°03'47"W; Thence S89°29'59"W, along the Northerly line of said Windsor Ridge ~ Part Eighteen "A", 99.80 feet, to the Northwest corner thereof, and a point on the said West line of the Southeast Quarter of Section 7; Thence N00°29'10"W, along said West line, 1118.13 feet, to the Point of Beginning. Said Parcel of land contains 8.32 acres, and is subject to easements and restrictions of record. Resolution No. 04~60 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, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attomey, 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 2nd day of ~a~.~,~~, 2004. / / Approved by CI'I'~ CLERK It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB04-00004 Windsor Ridqe Part 19B Date: February 19, 2004 GENERAL INFORMATION: Applicant: Arlington, LC 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Approval of final plat Purpose: To create a 6-lot residential subdivision Location: At Brentwood Drive between York Place and Camden Drive Size: 8.32 acres Existing Land Use and Zoning: OPDH-8, Medium Density Planned Development Housing Surrounding Land Use and Zoning: North: County, Undeveloped South: OPDH/RM12, Low Density Multifamily Planned Development Housing East: RS-5, Low Density Single Family Residential West: OSA/RS-8, Sensitive Areas Overlay/Medium Density Single Family Residential Comprehensive Plan: 2-8 dwelling units per acre File Date: January 30, 2004 45-Day Limitation Period: March 15, 2004 BACKGROUND INFORMATION: The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 19B Lot 269-274 and a resubdivision of a portion of Lot A of Windsor Ridge Part 15. This subdivision is 8.32 acres of the 31 .l-acre Windsor Ridge Pads 16-20 subdivision. The preliminary plat and OPDH plan for Windsor Ridge Parts 16-20 was approved by Council on September 10, 2002. In accordance to the OPDH plan, Windsor Ridge Part 19B will allow the construction of 3 twelve-plex apartment buildings, 15 duplexes and 6 townhouse-style units for a total of 72 dwelling units. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers have also been submitted for review by the City Attorney and Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. Fees are required for the improvement of Lower West Branch Road for 7.37 acres at $3,122 per acre. This should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB04-00004, a final plat of Windsor Ridge Part 19B, a 8.32-acre, 6-lot residential subdivision located at Brentwood Drive between York Place and Camden Drive be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Robert Miklo, Senior Planner, Department of Planning and Community Development OSA/RS8 ~ ID-RS GUSTAV ST RS5 RM12 SITE LOCATION: Windsor Ridge Part 19A SUB04-00004 I ~..~:~. ,,._ ~. ,,., ~, ;.~,.,~ lc, ~ ,.,,~ ~,.c~ ~ds o r.~._ R~dge Par[ Nine [ee n Iowa Ci[y, Iowa .... -- -- LEGEND AND NOTES Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 04-61 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFAClNG PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifi~3tions, form of contract and estimate of cost for the above-named project are hereby approved. 2. 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. 3. 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. 4. 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 City Hall, until 10:30 a.m. on the 30t~ day of March, 2004, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. 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 Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 6 day of April, 2004, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 2nd day of~,~.,.l~A_YO R~ "¢~~--~' 2004 Approved by CITY'CLERK ' Ci~"A~n~y's ~)ff~e pweng/res/asphalt-appp&s.doc Resolution No. 04-61 Page 2 It was moved by Wi 1burn and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 04-62 RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR THEIR CONVEYANCE TO THE CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE, WHEREAS, the City Council has passed and adopted an ordinance vacating a 184 square foot parcel of the Grove Street right-of-way along the north property line of 425 Beldon Avenue; and WHEREAS, Paul and Joan Burns, owners of 425 Beldon Avenue wish to acquire said right-of-way from the City; and WHEREAS, on January 20, 2004, City Council adopted a resolution declaring its intent to convey said right-of-way property to Paul and Joan Burns in exchange for a 44 square foot parcel of property located at the intersection of Grove Street and Beldon Avenue immediately adjacent to 425 Beldon Avenue and set a public hearing on said proposed conveyance for March 2, 2004; and WHEREAS, the City does not need the vacated portion of the right-of-way to provide access to property in the area, and it is in the public interest to acquire the paved portion of private property currently functioning as right-of-way at the intersection of Beldon Avenue and Grove Street; and WHEREAS, following the public headng on the proposed conveyance, the City Council finds that the conveyance of said right-of-way property to the adjacent property owners, Paul and Joan Bums, in exchange for their conveyance of the paved portion of their property to the City is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute deeds and all other documentation, in a form approved by the City Attorney, to complete the transactions provided for above to convey its interest in the vacated right-of-way subject to the retention of any necessary utility easements. 2. The City Attorney is hereby authorized and directed to record all the necessary documentation to transfer title of said property to Paul and Joan Bums at their expense. 3. The City Attorney is also authorized and directed to approve and record at the City's expense all deeds and other documentation necessary to transfer title of the Burns' property being offered to the City in exchange for said vacated right-of-way. Resolution No. 04-6;) Page 2 Passed and approved this 2nd .dayof March ,2004. MAYOR ATTEST:ciTY..G_,LERK~~ '"1/~' ,~:~.~A.) ~ey'-~-(Z~)f¢,c~ It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Dennell X Vanderhoef X Wilburn disp<~itions/bumsgrove street res auth conveyance.doc Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA 52240 ph. (319) 356-5030 RESOLUTION NO. 04-63 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS WITH KEVIN HANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING THE COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY WHEREAS, the Iowa City Public Library will have commercial space available within the Library upon completion of the Library expansion project this summer; and WHEREAS, such commercial space, consisting of ground floor and basement space, will be made available for commercial leasing; and WHEREAS, the Library Board and Library staff, following interviews of real estate brokers, selected Kevin Hanick of Lepic-Kroeger Realtors to assist the Library in acquiring prospective tenants to list said commercial space for lease; and WHEREAS, the parties have negotiated two listing agreements setting out the terms and conditions of the listing agreements; and WHEREAS, it would be in the public interest of the City of Iowa City to enter into said agreements to assist in the marketing and leasing of such commercial space. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The two listing agreements by and between the City of Iowa City, Iowa and Kevin Hanick of Lepic-Kroeger Realtors, copies of which are on file with the Iowa City Public Library, are in the public interest, and are hereby approved as to form and content; and 2. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said two listing agreements in duplicate for and on behalf of the City of Iowa City. Passed and approved this 2nd day of March, 2004. ATTEST: ' - ! Approved by: City Attorney's Office Resolution No. 04-63 Page 2 It was moved by Wilburn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliot[ X Lehman X O'Donnell X Vanderhoef X Wilbum Iowa City 13 Public' Libra _ry 123 South [iI~n · Iowa City, Iowa 52240 1820 Susan Craig, Director· Informati(m(M9) 356-5200 * Business(319) 356-5206 · Fax(319) 3565494 ~,~/'~ J DATE: February 23, 2004 TO: Steve Atkins, City Manager FROM: Susan Craig, Library Director ~~.~t~ RE: Realtor Contract The City Council will be considering approval of a contract for a listing agreement for the leased space that will be available in the new library building this summer at their next meeting. The Library Board recommends approval of the contract with Kevin Hanick of Lepic-Kroeger Realtors. Two main areas will be available in the new library building. On the first floor, in a prime location at the comer of Dubuque and College Streets on City Plaza is a space of 4370 square feet and in the basement there is 8000 square feet. The preference is to attract two tenants, one for the ground floor and one for the basement, however the option remains to divide both spaces if necessary. A year ago the Library Board developed guidelines to share with people interested in the leased space areas. These guidelines included bans on alcohol and smoking, a demonstrated creditworthiness and financial stability, and willingness to comply with stipulations regarding finishing the space. We hope to be able to attract businesses that are compatible with the library in the nature of their business and their hours. This winter a letter was sent to all local conmaemial realtors soliciting a letter of interest from those seeking to be the broker for these spaces. Three respondents were interviewed and Kevin Hanick is the recommended choice. We are anxious to have this contract approved so advertising can begin. If you have any questions please let me know. cc: Library Board Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 04-64 RESOLUTION ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2005 was held on March 1, 2004, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2005, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted except for the expenditures for Human Services Aid to Agencies totaling $421,315 which will be approved by separate resolution. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 2nd day of Hatch ,2004. Approved by ATTEST: ~ CiT'C'CLERK City Attorney's Office It was moved by 0'r)onne]] and seconded by VandCrhrmf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X O'Donnell × Vanderhoef X Wilburn finadm\res~annlbdgt.doc 03-02-04 I 15 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 04-65 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2005 was held on March 1, 2004, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2005 for Human Services Aid to Agencies totaling $421,315 should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this ;>nd dayof. March ., 2004. MAYOR Approved by ATTEST: "~~ CITY ~LERK City Attorney's Office It was moved by Vanderhoef and seconded by Ba~'le¥ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA! N: X Bailey X Champion X Elliott X Lehman X O'Donnell × Vanderhoef Wilburn X Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; $19-356-5053 RESOLUTION NO. 04-66 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE Gl'DY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2005 THROUGH 2007 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa Cit~, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on March 1, 2004, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2005 through 2007 and the multi-year Capital Improvements Program through Fiscal Year 2008. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowal and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 2nd day of Nar,,e~ ,2004. i,~AY-O R Approved by ATTEST: ~ ,,~. ~'~, / ..,~'/.,~,z-=.~---Y CITY ~LERK City Attorney's Office finadm\res\finplan doc Resolution No. 04-66 Page ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum Prepared by: Marilyn Kriz, Parks & Rec., 410 E. Washington, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. fl4-~;7 RESOLUTION NAMING A NEW NEIGHBORHOOD PARK "BENTON HILL PARK" WHEREAS, the City owns parkland located adjacent to Benton Street and Miller Avenue; and WHEREAS, this parkland is being developed as a neighborhood park; and WHEREAS, a survey of neighborhood residents indicated a preference that this park be named as such; and WHEREAS, the Parks and Recreation Commission recommends that this park be named "Benton Hill Park," in accordance with neighborhood wishes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: 1. The name of said tract of land shall be "Benton Hill Park." Passed and approved this 2nd day of Na~'ch ,2004 It was moved by Wi 1 burn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn parksre~res/bentonhillpark.doc Prepared by: Steven Nasby, Community and Economic Dev. Coordinator, 410 E. Washington St., Iowa C~ty, iA 52240; (319) 356-5248 RESOLUI'ZON NO. 04-68 A RESOLUTZON RECTNDTNG RESOLUTZON 03-74 AND ADOPTZNG TN LtEU THEREOF A NEW RESOLUTZON AMENDZNG THE POL][CY FOR THE RECAPTURE OF COMMUNZTY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME ]INVESTMENT PARTNERSHZP PROGRAM (HOME) FUNDS WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires that the City of Iowa City, Iowa, use CDBG and HOME funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City of Iowa City has appointed the Housing and Community Development Commission (HCDC), a citizen commission, to make recommendations on policy issues regarding housing, jobs and services to the City Council; and WHEREAS, on 3anuary 16, 2003, the HCDC voted to recommend the adoption of a policy to allow for the recapture of CDBG and/or HONE funds that were provided by the City of Iowa City to CDBG subrecipients and HONE recipients; and WHEREAS, on March 11, 2003, the City Council approved this policy (Resolution 03-74) that established a policy to recapture CDBG and HOME funds for unsuccessful or delayed projects; and WHEREAS, on 3anuary 15, 2004, the HCDC voted to recommend an amendment to said policy that would allow HCDC the ability to grant an exemption to the language mandating that a recipient of CDBG and/or HOME funds enter into a contract for use of said funds; and WHEREAS, if any CDBG or HOME funds are recaptured, the reallocation of these funds will comply with Iowa City's 2001-2006 Consolidated Plan; and WHEREAS~ the City Council finds that the public interest will be served by adopting said Unsuccessful or Delayed Projects Policy, as amended, shown herein as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC1~L OF THE CITY OF 1~OWA C~'Y, IOWA, THAT: 1. Resolution No. 03-74 is rescinded and all other resolutions in conflict with the provisions of this resolution are hereby rescinded. 2. The City Council approves the Unsuccessful or Delayed Projects Policy, as amended and recommended by the HCDC on 3anuary 15, 2004, shown herein as Exhibit A. Resolution No. 04-68 Page 2 Passed and approved this 2nd day of March ,2004. Approved by: CI"TY'C-LERK City Attorney's Office Resolution No. 04-68 Page 3 It was moved by 0' l}onnel I and seconded by Vande~'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTA [ N: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef Wilbum X Exhibit A Housing and Community Development Commission Unsuccessful or Delayed Projects Policy Adopted by City Council March 2, 2004 in Resolution. From time to time there may be Community Development Block Grant (CDBG) and/or HOHE Investment Partnership Program (HOME) projects that do not meet the anticipated schedule for implementation as presented to the Housing and Community Development Commission (HCDC). These circumstances may be due to unforeseen events (e.g. unfunded applications for other financing). HCDC recognizes the need to utilize CDBG, HOME and other funding as effectively and efficiently as possible to meet the needs of Iow-moderate income household for housing, jobs and services within Iowa City. To assist HCDC in evaluating a project's status and ability to proceed the following policy is hereby adopted to begin with Fiscal Year '04 projects beginning July 1, 2003: 1. All CDBG and HOME projects will have entered into a formal agreement with the City of Iowa City for the utilization of federal funds by September 30 each year. Should a recipient fail to meet this threshold, the project will be reviewed by HCDC to evaluate if extenuatin!7 circumstances exist. If extenuating circumstances exist and it is anticipated the project will proceed, a new timeline will be established for the completion of the project. If circumstances do not warrant an extension of time, HCDC may recommend the recapture and re-use of the funds to the City Council. 2. All CDBG projects (except applicants for LII-frCs) will have expended a minimum of fifty percent (50%) of the assistance provided for the proposed project by March 15 each year. This provides the recipient with approximately 255 days following the start of the fiscal year to reach this threshold for CDBG projects. All HOME projects will expend their funds on a timely basis per the applicable HOME regulation. Should a recipient fail to meet these thresholds, all unexpended CDBG/HONE funding will be recaptured by the City of Iowa City and recommendations be made by the HCDC for re-use of the funds or HCDC may allow the recipient to retain the funds for the previously approved project. 3. If housing projects are applying for other funds through various state or federal agencies, the recipient must apply for those funds in the first available application period offered. Should a recipient fail to meet this application threshold, all CDBG/HOIvlE funding will be recaptured by the City of iowa City and recommendations be made by the HCDC for re-use of the funds. 4, Should a recipient be unsuccessful in obtaining the funds listed in the application in the application round immediately following the allocation of local CDBG\HOIVlE funds, and the project will not be able to proceed without the aforementioned funds, all CDBG/HOME funds will be recaptured by the City of Iowa City and recommendations be made by the HCDC for re-use of the funds or HCDC may allow the recipient to retain the funds for the previously approved project. If the project is unsuccessful in obtaining the required funds listed in the application after two consecutive funding rounds following the allocation of local CDBG/HOME funds, the City of Iowa City will recapture all CDBG/HOME funds. City of Iowa City MEMORANDUM DATE: February 24, 2004 TO: City Council FROI4: Steven Nasby, Community and Economic Development Coordinator(-'~~ RE: Amendment to Policy for Unsuccessful or Delayed CDBG\HOME Activities From time to time there may be Community Development Block Grant (CDBG) and/or HOHE Investment Partnership Program (HONE) projects that do not meet the anticipated schedule for implementation as presented to the City Council and Housing and Community Development Commission (HCDC). These circumstances may be due to unforeseen events (e.g. unfunded applications for other financing). Both the City Council and HCDC recognize the need to use CDBG, HOME and other funding as effectively and efficiently as possible to meet the needs of Iow-moderate income household for housing, jobs and services within Iowa City. To formalize this intent, on .lanuary 16, 2003, HCDC voted to recommend the adoption the Unsuccessful or Delayed Projects policy to allow for the recapture of CDBG and/or HOHE funds that were provided by the City of Iowa City to CDBG subrecipients and HOME recipients. This policy was approved on March 11, 2003 by the City Council (Resolution 03- 74). This policy started with the FY04 CDBG\HOME projects. HCDC has discussed two projects that have not met the timeliness requirements of the policy. ]~n both of these projects, HCDC voted to give short extensions to the CDBG\HOME recipients. However, the existing policy does not provide HCDC with this option for CDBG\HOHE recipients that fail to enter into a formal contract with the City by September 30. As such, HCDC discussed an amendment to the Unsuccessful or Delayed Projects policy that would provide them with the flexibility to grant an extension to CDBG\HOME recipients to give them more time to enter into a formal contract with the City. On 3anuary 15, 2004, the HCDC voted to recommend an amendment to the policy that would allow the ability to grant an exemption to the language mandating that a recipient of CDBG and/or HOME funds enter into a contract for use of said funds by September 30. The resolution in the packet contains the Unsuccessful or Delayed Project policy as Exhibit A. The proposed amendment is in bold. If you have any questions please contact me at 356-5248. Cc: Housing and Community Development Commission Karin Franklin, Director of Planning and Community Development