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Home My WebLink About1996-08-27 ResolutionRESOLUTION NO. 96-247 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Highlander Inn 2525 N. Dodge Street It wasmoved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Norton AYES: NAYS: ABSENT: X Passed and approved this 27TH day of August X that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,1996 . ATTEST: ,,~('~,.~ .~ CITY CLERK Approved by ~orney s Office \danceprm.res RESOLUTION NO. 96-248 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at 1214 S. Gilbert Street in Iowa City, Iowa, has surrendered cigarette permit No. 96-1 , expiring June 30 , 19 97 , and requests a refund on the unused portion, now thereof, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 96-1 , issued to Hawkeye Amusement dba 6unnerz be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 100.00 payable to Hawkeye Amusement as a refund on cigarette permit No. 96-1 Passed and approved this 27th day of August ,1996. ATTEST: CITY CLERK MAYOR ApprQved b~,. '~orney ~ Ol fi~ce~z~ It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prspared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA ,62240 (319) 356-5041 RESOLUTION NO. 96-249 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Gunnerz - 123 E. Washington Street Passed and approved this 27th day of A.O,J~t , 1996. ATTEST:ci . ;LERK MAYO R~-~'~;(,~' ~~'~ Approved by It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Nnrfdn the Resolution AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef cler~c~j~em~ res RESOLUTION NO. 96-250 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1996. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 1995, through June 30, 1996, be approved, Passed and approved this 27t. h day of Auqust ,1996. MAYOR ATTEST: ,~=~..~,') ~ ,~.~2 CITY CLERK It was moved by Thornberry and seconded by adopted, and upon roll call there were: Approved by City Attorney's Office Norton the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Iowa Department of Transportation OFFICIAL FINANCIAL REPORT for CITY STREETS AND PARKING RLIT-2 City Iowa City County Johnson From July 1, 1995 to June 30, 1996 I. ~._-~'~) ~' ;~ , city clerk of the City of Iowa City, I0wa do hereby certify th3t the city council has by resolution approved this report as its official 1996 Fiscal Year Street Finance Report this ~3'~ day of Clerk's City Mailing Address 410 E. Clerk's Hours 8:00 am - 5:00 pm Preparer's Name Regina Schreiber Washington St. Iowa City, Iowa Phone (31~356-5041 ( ) ~m'~) (~) Phone {319 ) 356-5088 52240 Mayor Naomi Novi_ck Mayors City Mailing Address 410 E. Washington St. Iowa City, Iowa 52240 LarrX Baker Karen Kubby Ernest Lehman Members ofthe Council Dee Norton Dean Thornberry Dee Vanderhoef On or before ~eplember 30, 1996, two copies of this report shall be filed with your Transportation Planner of the Iowa Department of Transportation. Th,s report consis,s o,.UT.U...S: DISTRIBUTION: White and Yellow Copies- Transpotation Planner. Pink Copy - City 1owa Departinept Of l'ran$1;M3rtatlon STREET FINANCE REPORT FROM ALL SOURCES FOR STREET PURPOSES c,ty Iowa City County Johnson (Completed by O 0 T.) A. 1. Ending Balance Lest Street Finance Report ..... 2 Adjustment (Explain on RUT-2B) ............ 3. Actual Balance. July 1. 1995 ................ ACTUAL RECEIPTS B. 1. Road Use Tax ........................... 2. Property Taxes .......................... 3. Special Assessments ..................... 4. Misc. (Itemize on Form RUT-2B) ............. 5. Proceeds From Bonds Sold. Notes. and Short-term Loans 6. interest Earned .......................... C. Total Receipts (Lines B1 thru B6) .............. D. TOTAL FUNDS AVAILABLE (Line A3 q- Line C)... COLUMN I COLUMN 2 COLUMN 3 COLUMN 4 ROAD USE GENERAL OTHER TAX FUND ROAD FUND FUNDS** TOTALS (ROUND FIGURES TO NEAREST DOLLAR) ACTUAL EXPENDITURES E. Maintenance 1. Roadway Maintenance .................... 2. Snow and Ice Removal .................... 3. Storm Sewera ........................... 4. Traffic Services .......................... 5. Street Cleaning .......................... 3,374,375 3.740,191 0 3,374,37~- J.,_Z_4~191 0 3,990,756 x~xxxxxxxxx 55,897 1,262,895 XXXXXXXXXXXX xxxxxxxxxxxx xxxxxxxxxxxx 544,061 xxxxxxxxxxxx 159 3.990.756 600,117 1,262.896 7,365.131 4.340,308 1,262,895 799,409 203.184 Construction or Reconstruction 1. Engineering ............................ 2. Right of Way Purchased ................... 3. Roadway ConstruCtion .................... 4. Storm SewerS ........................... 5 Traffic Services .......................... 6. Sidewalks .............................. 407.713 485,645 84,601 1,055,762 737,203 8,763 46,823 G. Admimstration ............................ H.. Street Lighting ............................ I ' Trees ................................... J. Equipment (Purchasq, d or Repaired) ............ K. Misc. (itemize on Foil RUT-2B) .............. L Bonds. Notes and Short-term Loans I Principal Paid ........................... 2. Interest Paid ............................ M. Non-Street Purposes ....................... N. Total Expenditures (Lines E thru M) ............ O. BALANCE. June 30. 199~ (Line D minus Line N)... Po TOTAL FUNDS ACCOUNTED FOR. (Line N + Line O = Line D) 1,364,574 532,329 293,289 30.855 xxxxxxxxxxxx 7,114,566 7,114,566 3,990,756 1,318,792 544,061 159 5,853,768 12,968,334 799,409 203,184 407,713 122,963 485,645 84,601 2,42Q,336 737,203 8,763 46,823 532,329 293,289 30~855 942,023 942,023 320,872 320,872 XXXXXXXXXXXX XXXXXXXXXXXX 3,430,172 2.742,941 1,262,895 7,436,008 3,934,959 1,597,367 0 5,532,326 7,365,131 4,340,308 1,262,895 12,968,334 For assistance, call your Transpe~laUon Center Planner (**) Debt Service. Project and Special Assessments, etc. Include the balances for Funds which are used entirely for streets. Read Your New Inatmcfions. DISTRIBUTION: White and Yellow Copies - Ttan~rtaU~ I>lanner. Pink Copy - C~ly. Goldenrod Copy - Worksheet 1owa Department of Transportation STREET FINANCE REPORT RUT-2S Iowa City Itemlzatlon of Miscellaneous Receipts (Line B4 for Form RUT-2A) (See instructions.) Grants Miscellaneous Sales Reimbursement of Expenszs Charge for Services Reimbursement of Damages RUT Interest COLUMN 2 168,822 4,257 118,396 4,720 7.385 240,481 COLUMN 544,061 Line B4 Totals Itemlzatlon of Miscellaneous Expenditures (Une K for Form RUT-2A) Parking lot expenses, street maintenance buildings, insurance, administrative costs for printing, legal fees, bond fees, etc. (See instructions.) COLUMN2 COLUMN3 Comments: (Including street expenditures by subdividers.) Line K Totals DISTRIBUTION: White and Yellow Copies - Transportation Planner; Pink Copy - City; Goldenrod Copy - Worksheet Grant Funds Received FY96 Federal Grant 68-6114-4-731 U.S. Dept. of Agriculture Soil Conservation Grant $158,822 Federal Grants thru State STP-U-3715(1)--70-52 Rohret Road Pedestrian Bridge Total $ 10)000 $168,822 ~/m~ Iowa Oepa(~ment of Transportation STREET FINANCE REPORT On and Off Street Packing Statement RUT-2C City Iowa City City No. A. ACTUAL BOOK BALANCE July 1, 1895 ................................................ ACTUAL RECEIPTS B. Parking and Meier Receipts . 1. Street Meter Revenue...; .......................... 2. Lot or Garage Meter Revenue ........................ 3 Other Lot or Garage Revenue (Rentals) ................. 4 Property Taxes ................................... 5 Miscellaneous (Itemize on separate sheet) Total (Lines 81 thru BE,) ............................ C Proceeds of Parking Bonds Sold ......................................... D Total Receipts {Lines B1 thru B5 plus Line C) ......................................... E TOTAL PARKING FUNDS AVAILABLE (Lines A plus D) ............................... ACTUAL EXPENDITURES F. FOr On and Oil Street Parking 1. Acquisition and Installation of Meters ................................................ 2. Mamlenance and Repair of Meters .................................................. 3. Acquisition and Improvement of Parking .............................................. 4. Maintenance and Operation fo~ Parking .............................................. 5. Policing and Enforcement ......................................................... Total (L~nes F1 thru FS) .......................................................... G. Parking Bonds and Interest Paid 1.' Principal Paid on Bonds 2 Interest Pardon Bonds ........................................................... H. Street Work Paid from Parking ....................................................... (Amount claimed under mt$cellaneoue receipts on Form RUT-2B) I. Total Expenditures {Lines F1 thru F5, plus G1 thru G2, plus Line H) ............................ J. ACTUAL BALANCE June 30. lg96 (Line E minus Line I) ..................... ~ .............. K. TOTAL PARKING FUNDS ACCOUNTED FOR (Lines I plus J) .............................. 6,780,472 518,453 1,927,939 14,400 6,000 771,Z92 3,238.584 10.019,056 3,722 (84,225) 2,027,801 1,947,298 2,955.QQO 4bl,/Ub 5,364,004 4,655,052 10,019,056 DISTRIBUTION: White and Yellow Copies - Transportation Planner; Pink Copy - City; Goldenrod Copy. Worksheet Parking Statement Miscellaneous Receipts: Fines Interest Damage Reimbursement Telephone Commissions Parking Impact Fees Reimbursement of Expenses Total 462,103 274,111 261 493 30,824 4,000 771,792 Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 515-239-1289 FAX 515-239-1828 Ref. No. 701.516 KM3 Subject: Road Use lax Fund Street Finance Report SEP 0 G 7998 Dear City Clerk: We acknowledge receiving the city's Street Finance Report for the period lrom July 1, 1995, through June 30, 1996, as required by the Code of Iowa, Chapter 312, Section 14. This report, when combined with those submitted from other cities in Iowa, will provide the Iowa Department of lransportation and the Federal Highway Administration with a documented record of street receipts and expenditures in Iowa cities. Sincerely, Patrick R. Cain, Director Office of Transportation Data Planning and Programming Division PRC:KM:ig Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City. IA 52240; 319-356-5143 RESOLUTION NO. 96-251 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE LONGFELLOW AREA SANITARY SEWER REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Longfellow Area Sanitary Sewer Rehabilitation Project, as included in a contract between the City of Iowa City and Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, dated June 27, 1995, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 27th day of August ,1996. ATTEST: ~(~) CITY CLERK Approved by It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY August16,1996 Honorable Mayor and City Council Iowa City, Iowa RE: Longfellow Area Sanitary Sewer Rehabilitation Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Longfellow Area Sanitary Sewer Rehabilitation Project has been completed by Visu-Sewer Clean & Seal, Inc. in substantial accordance with the plans and specifications prepared by Shive- Hattery Inc. The final contract price is $34,186.73. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOWA CITY. IOWA $2240-IS26 · (319) 356-5000 · FAX (319) Prepared by: Kim Johnson, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139. RESOLUTION NO. 96-252 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR USE OF PUBLIC PROPERTY AT 320 E. COLLEGE STREET FOR THE PLACEMENT OF A WHEELCHAIR- ACCESSIBLE RAMP ON THE COLLEGE STREET RIGHT-OF-WAY. WHEREAS, Trinity Episcopal Church, a non-profit corporation, is the fee owner of certain real estate located at 320 E. College Street, Iowa City, Iowa, hereafter "Owner," and legally described as all of Lots 7 & 8 in Block 62 of Original Town, Iowa City, Iowa. WHEREAS, owner is a religious institution located on the above-described property and the institution is a public facility to which access for persons with disabilities should be provided; and WHEREAS, Owner seeks City approval to maintain a wheelchair-accessible ramp on the College Street right-of-way; and WHEREAS, the Department of Public Works finds the presence of the wheelchair-accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic is not materially impeded; and WHEREAS, the City agrees to allow use of the College Street right~of-way as a valid public purpose in order that the public accommodation at 320 E. College Street may be made accessible to persons with disabilities, subject to the :~fms and conditions stated in the attached Agreement for Use of Public Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions in the Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated herein is approved as to form and content. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Property for and on behalf of the City of Iowa City. Passed and approved this 27th day of August ,1996. ATTEST: ,~'~ ~ ) CITY CLERK MAYOR Resolution No. 96-252 Page 2 It was moved by Thornberr~v and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X. X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between Trinity Episcopal Church, a non-profit corporation, hereinafter referred to as "Owner,' and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate located at 320 E. College Street, iowa City, Iowa, and legally described as all of Lots 7 & 8 in Block 62 of Original Town, Iowa City, Iowa. WHEREAS, Owner is a religious institution located on the above-described property and the institution is a public accommodation to which access for persons with disabilities should be provided; and WHEREAS, Owner seeks City approval to maintain a wheelchair-accessible ramp on the College Street right-of-way; and WHEREAS, the Department of Public Works finds the presence of the wheelchair-accessible ramp to be a minimal intrusion onto the public right-of-way, and also finds that traffic is not materially impeded; and WHEREAS, the City agrees to allow use of the College Street right-of-way as a valid public purpose in order that the public accommodation at 320 E. College Street may be made accessible to persons with disabilities, subject to the terms and conditions stated herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Owner shall be allowed to maintain and operate a wheelchair-accessible ramp on City property abutting 320 E. College Street as shown on the attached sketch marked Attachment A and approved by the City Engineering Division. Owner agrees to remove the wheelchair-accessible ramp from the College Street right-of- way when any one of the following events occurs: a. Within 30 days after being ordered to do so by the City. The use of the property changes and the wheelchair-accessible ramp is no longer needed. If Owner fails to remove the wheelchair-accessible ramp as required above, the City may remove it and the cost thereof shall be billed to Owner, and Owner agrees to pay said costs as billed. Owner agrees to maintain the wheelchair-accessible ramp in good and reasonable repair so as to minimize danger. In the event the said wheelchair-accessible ramp is ever replaced for any reason, Owner agrees to replace it, subject to the approval of the Public Works Department. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the maintenance, use, location, or repair of said 2 wheelchair-accessible ramp, including any liability which the City may incur as a result of its decision to allow placement of said wheelchair-accessible ramp on the College Street right-of-way. Owner is required and agrees to carry liability insurance, in minimum amounts of $500,000-$1,000,000-$250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy, or a certificate of insurance for same, satisfactory to the City. Owner agrees to maintain such insurance in force until the wheelchair-accessible ramp is removed from City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the wheelchair-accessible ramp following five (5) days prior wdtten notice to the owners of the property. Cost of such removal shall be billed to the Owner, and Owner agrees to pay said costs, as billed. o OwnRr ~.knnwledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of- way for private purposes; and that the City may order said wheelcl)air-accessible ramp removed at any time if, for any reason, the City Council determines that the property upon which the wheelchair-accessible ramp is located is needed for public use and/or should be cleared of any and all obstructions. Dated Naorrli J. Nd~ck, Mayor This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties, except as set forth in Paragraph 2 above. this Z'~ day of J~-~--'P' ,1996. CiTY OF IOWA CiTY OWNER/TRINI EPISCOPAL ~CHURCH ATTEST: ,,~,.~.4,_.~ City Clerk By: 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~?'"~' dayof A,.,~-/- ,19 ~'~ ,beforeme, -.~,,nctr~- ~i~--~,' ~'- , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in {Qrdinence) (Resolution) No. ~'(,-25~ passed by the City Council, on the Z'7 ~ day of ,~V~.~I--. ,19 'W_, , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary.act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ...-~(,,,j'd~ day of j43RD~:~'{- , 19 ~, J;~fore me, ,the undersigned, a Notary Public in and for the State~f Iowa, personally appeared ~O~ ~r(<J~ . , to me personally known, who being by me duly sworn, did say that they are ~.~c..~:> ~-- , of Trinity Episcopal Church, the non-profit corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said _ corporation by authority of its Board of Directors; and that ,,.~-~ ~O~r~-,-br'~ , as such officer, acknowledged the execution of the instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. pwengqrlnity.agt ~' ~ -~"'~~''~' ' State Notary Public in an r sa~ and 5'-11 1/16'I 02515.1 'r'r'P. EXISTING BUILDING 02..'.'51,.~.H x02515~ C,~I'~RLtN[ OF COLLEGE STREET 2 D 4 5 -7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 96-253 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, A LOW INTEREST PROMISSORY NOTE, AND A MORTGAGE FOR THE .PROPERTY LOCATED AT 823 THIRD AVENUE, IOWA CITY, IOWA WHEREAS, on September 30, 1992 the property owner of 823 Third Avenue received a loan from the City of Iowa City in the amount of $5,320 represented by a Promissory Note and a Rehabilitation Agreement and secured by a Mortgage on said property; and WHEREAS, these documents created a lien against the property; and WHEREAS, on August 5, 1996 the property owner paid off the balance of the loan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 823 Third Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $5,320 as represented by the Promissory Note, Rehabilitation Agreement and Mortgage which were recorded in Book 1445 Pages 248 thru 258 "A" of the Johnson County Recorder's Office. Passed and approved this 27th day of August ,1996. A'I-FEST: ~__~ .~. ~ CITY CLERK MAYOR ~rove~.bY//~'~ City AUorney'8 Office Resolution No. 96-253 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X Baker X Kubby Lehman NoVon Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 823 Third Avenue, Iowa City, Iowa, and legally described as follows: The South one half (Y~) of Lot three (3) in Block twenty-five (25), in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the property owner, Alicia Starr, to the City of Iowa City in the principal amount of $5,320 represented by a Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded on October 9, 1992, in Book 1445, Pages 248 thru 258 "A" of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: CITY CLERK Ap,m}oved by/---.,, 'ty STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z'7_ - day of I~,.,.,~.,.~t- , A.D. 19 ~c, , before me, the under- signed, a Notary Public in and fo~ 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. <:?~-ZS:~, adopted by the City Council on the Z'7 ~ day ~, 19 <:/~ and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppd[ehab~823wItd.ml Prepared by: Liz Osborne, Rehab. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 96-254 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 415 FIRST AVENUE, IOWA CITY, IOWA WHEREAS, on March 15, 1994 the property owner of 415 First Avenue executed a Promissory Note and a Mortgage in the amount of $3,000 through the Downpayment Assistance Program; WHEREAS, these documents created a lien against the property; and WHEREAS, on August 1 6, 1996 the property owner paid the loan of $3,000 in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 415 First Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $3,000, which was represented by a Promissory Note and a Mortgage recorded in Book 1718 Pages 216 through 220 of the Johnson County Recorder's Office. Passed and approved this 27th day of August , 1996. CITY CLERK ppdrehab~4151 st .res MAYOR City Attorney's Office Resolution No. 96-254 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X Norton ABSENT: X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St.. Iowa City, IA 52240 (319)3§6-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 415 First Avenue, Iowa City, Iowa, and legally described as follows: Beginning at a point 20 feet South of the Northeast corner of Lot 2 in Block 1, East Iowa City' Addition, Johnson County, Iowa, according to the recorded plat thereof, thence West 150 feet; thence South 50 feet, thence East 150 feet; thence North 50 feet to the point of beginning. from an obligation of the property owner, Laurie A. Smith, to the City of Iowa City in the principal amount of $3,000 represented by a Promissory Note recorded on March 16, 1994 in Book 1718, Page 220, of the Johnson County Recorder's Office and a Mortgage recorded on March 16, 1994 in Book 1718, Pages 216through 219 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: '~,-~-~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON C~)UNTY ) On this 2'7 ~'zt day of ~,~c~- , A.D. 19 ~'c- , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~b-~- , adopted by the City Council on the Z? '/L day c~ /~,.~c~- , 19 ~'/- and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, 410 ~;. Washington St., Iowa City, IA 52240 (319) 356-5146 RESOLUTION NO. 96-255 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROP- ERTY LOCATED AT 803 EAST CHURCH STREET, IOWA CITY, IOWA WHEREAS, on JUly 22, 1994 the property owner of 803 East Church Street executed a Mortgage to secure a loan in the amount of $7,294 through the City's Housing Rehabilitation Program; WHEREAS, said mortgage created a lien against the property; and WHEREAS, on February 28, 1996 the property owner paid said loan in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 803 East Church Street, Iowa City, Iowa, from the Mortgage recorded in Book 1718 Pages 291 thru 295 of the Johnson County Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 27th day of August , 1996. ATTEST: CITY CLERK MAYOR City Attorney's Office ppdrehab~,803chur.re$ Resolution No, 96-255 Page 2 It was moved by Thornbe. rry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X Nnrtnn the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 803 East Church Street, Iowa City, Iowa, legally described as follows: The North. ½ of Lot 4 in block 9, in Iowa City, Iowa, according to the recorded plat thereof. from the Mortgage recorded on August 4, 1994in Book 1792, Pages 291 through 295 of the Johnson County Recorder's Office. Said property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. CITY CLERK by. City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) +J~ Onthis Z.? dayof ~,-~RL ,A.D. 19 ~ ._, before me, theunder- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City (~puncil, as contained in Resolution No. ~b-Z~5: adopted ??,the C. it,y Councl on the Z-?¢/~ day ~,~ ~,~<~7~s~- , 19 ~, andthatthe sa~a~aom~J. Novick and Marian K. Karr as such Efficers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa RESOLUTION NO. 96-256 RESOLUTION OF INTENT TO CONVEY ± FIFTEEN {15) ACRES OF LAND AND LEASE ± SEVEN (7) ACRES OF LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB'S SOUTHWEST PROPERTY LINE AND SOUTH OF FOSTER ROAD WITHIN AN AREA COMMONLY KNOWN AS THE "PENINSULA" TO THE ELKS GOLF AND COUNTRY CLUB AND SETTING A PUBLIC HEARING FOR SEPTEMBER 10, 1996. WHEREAS, the Elks Golf and Country Club ("Elks Club") will lose two golf holes as a result of the improvement of Foster Road and the development of the new Water Treatment Plant; and WHEREAS, the Elks Club has offered to purchase + 15.12acresof land for $15,000 per acre and lease an additional ± 7.13 acres of land from property commonly known as the "Peninsula" directly adjacent to the Elks Club southwest property line, with the City retaining a covenant limiting the use of chemicals and pesticides on said property, in order to build two golf course holes to replace the ones which it will lose; and WHEREAS, the Elks Club has additionally offered that, in exchange for the City conveying and leasing the aforementioned property on which to build two additional golf holes, it will agree to a fixed alignment for an extended Foster Road right-of-way and to grant the City various temporary and permanent easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey its interest in ± 15.12 acres of land adjacent to the Elks Club southwest property line, south of Foster Road, within an area commonly known as the "Peninsula," for $15,000 per acre, with the City retaining a covenant limiting the use of chemicals and pesticides on this property. The City Council does hereby declare its intent to lease + 7.13 acres of land adjacent to the Elks Club southwest property line, south of Foster Road, within an area commonly known as the "Peninsula," for .~1.00 per acre, with tile City retaining a covenant limiting the use of chemicals and pesticides on this property. A public hearing on said conveyance and lease proposal should be and is hereby set for September 10, 1996, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Resolution No. 96-256 Page 2 Passed and approved this 27th day of Auqust , 1996, ATTEST: ~o~_~ ~. ?~/ CIT~ CLERK MAYOR City Attorney's Office Resolution No. 96-256 Page 3 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. 96-257 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MEADOW RIDGE, PART 2, IOWA CITY, IOWA. WHEREAS, the applicant, Richard D. Phipps, filed with the City Clerk of Iowa City, Iowa, an application for ap. proval of the preliminary plat of Meadow Ridge, Part 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Meadow Ridge, Part 2, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. 27th day of August , 1996. Passed and approved this ATTEST: '~~ ~'/" ~ CITY CLERK City A im~~ Resolution No. 96-257 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry/ the Resolution be AYES: NAYS: ABSENT: X X Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356.5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29 ACRE, 53-LOT RESIDENTIAL SUBIDIVISON LOCATED SOUTH OF GALWAY DRIVE AND EAST OF HIGHWAY 218, IOWA CITY, IOWA WHEREAS, the owner, DAV-ED, Ltd., filed with the City Clerk the final plat of Galway Hills, Part Three, 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: Commencing at the Southeast Corner of the Southwest Quarter of the No~th- east Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°35'03"W, along the South Line of said South- west Quarter of the Northeast Quarter, 400.92 feet, to the Point of Beginning; Thence Continuing S89°35'03"W, along said South Line, 359.50 feet, to its intersection with the Northeasterly Right-of-Way Line of Iowa Primary Road 518 (218); Thence N47°13'15"W, along said Right-of-Way Line, 2019.01 feet; Thence N42°41'26"E, 54.27 feet, to the Southwest Corner of Lot 63, of Galway Hills Subdivision, Part Two, in accordance with the Plat thereof Record- ed in Plat Book 35, at Page 269, of the Records of the Johnson County Recorder's Office; Thence N74°31'39"E, along the Southerly Line of said Galway Hills Subdivision, Part Two, 140.05 feet; Thence Southeasterly, 99.82 feet, along said Southerly Line, on a 179.64 foot Radius Curve, concave North- easterly, whose 98.54 foot chord bears S31 °23'28"E; Thence S47° 18'34"E, along said Southerly Line, 19.93 feet; Thence N42°41 '26"E, along said South- erly Line, 101.30 feet; Thence S86°03'50"E, along said Southerly Line, 173.05 feet; Thence N67°38'O8"E, along said Southerly Line, and the Souther- ly Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 229.05 feet; Thence S69 o 19'31 "E, along the South- erly Line of said Galway Hills Subdivision, Part One, 46.99 feet; Thence S05°10'54"W, 303.98 feet; Thence S37°17'47"E, 52.88 feet; Thence S54°13'20"E, 62.06 feet; Thence S57°29'55"E, 60.96 feet; Thence N80°37'27"E, 226.45 feet; Thence N64°28'O9"E, 35.00 feet; Thence S89°40'41"E, 108.05 feet; Thence N64°52'30"E, 127.01 feet; Thence S05°26'24"E, 128.10 feet; Thence S17°18'04"E, 396.07 feet; Thence S30°34'46"E, 153.93 feet; Thence S13°15'37"E, 111.42 feet; Thence N76°44'23"E, 12.88 feet; Thence S13°15'37"E, 185.00 feet; Thence N76°44'23"E, 170.00 feet; Thence S13°15'37"E, 295.98 feet, to the Point of Beginning. Said Tract of Land Contains 21.29 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 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 (1995) 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. J The City accepts the dedication of the streets and easements 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, 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 is hereby further authorized to record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the owner's expense. Passed and approved this day of , 1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef 8-7-96 Karin Franklin, Director Iowa City Planing & Community Development Civic Center Iowa City, IA 52240 Karin, As per our discussion Tuesday evening, I would like to formally request the City Council collapse the second and third readings of the proposed amendment which would allow small animal clinics in the COl office zone. This will allow us to proceed with the purchase of the property located at 2122 ACT circle in a more timely manner. Also, at this time I would like to withdraw my application for rezoning of the same property located at 2122 ACT circle. If any questions, give me a call. Lucas S. Van Orden 1V 3077 Newport Rd NE Iowa City IA, 52240 (319) 351-8038 PHELAN, TUCKER, MULLF, N, WALKER, TUCKER & GELMAN, L.L.P. AE'I'OP, N'E'Y~ AT LAW IOWA CITY, IOWA 52244 August 26, 1996 LOUIS SHULMAN (1~1~) PAX: ~HONE; (~) :L~-:~04 Mayor, City of Iowa City Members of the Iowa City Council 410 East Washington Street Iowa City, IA 52240 Re: Galway Hills Part 3 - Final Plat Dear Ms. Novick and Members of the Council: The undersigned, DAV*ED Limited, hereby agrees to an extension of the 60 day period within which the Council is required to either approve or disapprove the Final Plat of Galway Hills Part 3 to September 10, 1996. DAV-ED Limited Charles A. Mu~len, Attorney Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 96-258 RESOLUTION APPROVING THE FINAL PLAT OF VILLAGE GREEN, PART XIV, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green, Part XIV, 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: Commencing at the Southeast Corner of the Southeast Quarter, of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the South Line of Said Southeast Quarter, 50.01 feet, to the Westerly Right-of-Way Line of Scott Boulevard, and the Point of Beginning; Thence continuing S89°53'53"W, along said South Line, 1258.28 feet, to a Found 5/8" Iron Pin; Thence S89°57'00"W, along said South Line, 224.46 feet, to the Southeast Corner, of Lot 10, of Village Green Part XII, in accor- dance with the Plat thereof Recorded, in Plat Book 32, at Page 313, of the Records of the Johnson County Recorder's Office; Thence N00°O3'O0"W, along the Easterly Line of Said Village Green, Part XII, 84.82 feet; Thence N08°58'49"E, along said Easterly Line, 136.86 feet; Thence N39°29'01"E, along said Easterly Line, 403.02 feet, to the Southwest Corner of Lot 25, of Village Green Part Xlll, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 323, of the Records of the Johnson County Recorder's Office; Thence S75°07'36"E, along the South Line of said Lot 25, a distance of 332.70 feet, to the Southeast Corner thereof; Thence N02°17'51"W, along the Easterly Line of Said Village Green Part XIII, 165.44 feet; Thence N05°03'- 16" W, along said Easterly Line, 50.00 feet; Thence Northwesterly, 62.61 feet, along said Easterly Line, on a 354.40 foot Radius Curve, concave Northeaster- ly, whose 62.53 foot chord bears N89°59'34"W; Thence N84°55'53"W, along said Easterly Line, 52.33 feet; Thence Northwesterly, 1 21.16 feet, along said Easterly Line, on a 87.98 foot radius curve, concave Northeasterly, whose 111.81 foot chord bears N45°28'41"W; Thence NO6°01'29"W, along said Easterly Line, 63.40 feet; Thence Northwesterly, 80.56 feet along said Easterly Line, on a 292.58 foot radius curve, concave Southwesterly, whose 80.31 foot chord bears N13°54'47"W; Thence N21°48'OS"W, along said Easterly Line, 71.05 feet; Thence Northwesterly, 87.48 feet, along said Easterly Line, on a 530.07 foot radius curve, concave Northeasterly, whose 87.38 foot chord bears N17°O4'25"W; Thence N77°39'16"E, along said Easterly Line, 97.35 feet; Thence NO2°51'OS"W, along said Easterly Line, 119.31 feet; Thence NOS°O6'40"E, along said Easterly Line, 38.75 feet; Thence Southeasterly, 247.93 feet, along said Easterly Line, on a 760.49 foot radius curve, concave Southwesterly, whose 246.84 foot chord bears S75°32'57"E; Thence N23°47'26"E, along said Easterly Line, 152.69 feet; Thence N3§°08'28"E, Resolution No. 96-258 Page 2 along said Easterly Line, 117.97 feet; Thence N45°08'36"E, along said Easterly Line, 108.82 feet, to the Southern most Corner of Lot 35, of Village Green Part Xl, in accordance with the Plat thereof Recorded in Plat Book 30 at Page 64, of the Records of the Johnson County Recorder's Office; Thence S44o51'24"E, along the Southerly Line of Said Village Green Part XI, 15.00 feet, to the Southern Most Corner ol' Said Village Green Part XI; Thence N45°O8'36"E, along said Southerly Line, 225.00 feet; Thence N79°23'03"E, along said Southerly Line, 73.95 feet; Thence S78°45'14"E, along said Southerly Line, 73.95 feet; Thence N61°50'42"E, along said Southerly Line, 302.73 feet; Thence S89° 14'01 "E, along said Southerly Line, 70.00 feet, to the Southeast- erly Corner of said Village Green Part XI, and a Point on the Westerly Right-of-Way Line, of Scott Boulevard; Thence S00°45'59"W, along said Westerly Right-of-Way Line, 1751.12 feet, to the Point of Beginning. Said Tract of Land contains 40.19 Acres, more or less, and is Subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed 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 (1995) 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 fiqal plat and subdivision located on the above-described real estate be and the same are hereby approved. 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. 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 owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Resolution No. 96-258 Page 3 Passed and approved this 27th day of August , 1996. MAYOR ATTEST: ~ ~. ~v~ CITY CLERK It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: August 15, 1996 Planning and Zoning Commission Scott Kugler, Associate Planner SUB96-0016, Village Green, Part XlV This item was deferred at the August 1 meeting in order to resolve the Neighborhood Open Space requirements for this subdivision. The Parks and Recreation Commission will be discussing this issue at its August 14 meeting, and should have a recommendation available for the August 15 Planning and Zoning Commission meeting. At issue is how much of the .92 acres of required open space is needed along the south side of Village Road and adjacent to a drainageway located on the properbj. STAFF REPORT To: Planning and Zoning Commission Item: SUB96-0016. Village Green, Part XIV 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: SPECIAL INFORMATION: Public utilities: Prepared by: Scott Kugler Date: August 1, 1996 Village Partners c/o Franz Construction Co. 325 Third St Iowa City, IA 52245 Phone: 338-7923 Final plat approval of Village Green, Part XIV, a one-lot residential subdivi- sion with one outlot To allow the development of eight residential units North of Village Road, east of Oxford Place 40.19 acres OPDH-5, Planned Development Housing Overlay zone North: East: South: West: Residential, OPDH-5; Vacant, RS-5; Residential, RS-5; Residential, OPDH-5. Residential, 2-8 dwelling units per acre 14-7, Land Subdivisions July 10, 1996 August 23, 1996 September 9, 1996 City water and sewer will be provided 2 Public services: Municipal police and fire services will be provided. Private refuse service will be necessary. Transportation: Transit service is available at the inter- section of Wayne Avenue and Village Road via the Towncrest route. Physical characteristics: This property is generally flat. A stream corridor is shown on the Sensi- tive Areas Inventory Map along the east line of Lot 42, and hyddc soils to the south of Lot 42. However, the stream corridor in this area has been previously altered as part of the construction of a storm water basin to the north. Sensitive Areas Ordinance: The portion of the stream corridor that lies south of Village Road and the hy- dric soils are located on Outlot A, but will not be affected by the proposed development on Lot 42. A Sensitive Areas Site Plan will be required when Outlot A is subdivided for development. BACKGROUND INFORMATION_: The applicant, Village Partners, is requesting final plat approval of Village Green, Part XIV, a 40.19 acre one-lot residential subdivision also containing one outlot. The preliminary plat and OPDH plan for this property were approved by City Council on June 4, 1996. The OPDH plan indicated that a total of eight dwelling units would be provided within three buildings arranged around a private circle or loop street. The final OPDH plan must be filed and approved administratively and does not require review by the Commission, however the final plat does require approval by the Commission and City Council. ANALYSIS: The final plat appears to be in general conformance with the City's subdivision regulations. It is also consistent with the approved preliminary plat and OPDH plan for this property. Legal papers and construction drawings will have to be approved prior to Council consideration of the final plat. Sanitary Sewer: The City is currently designing the Scott Boulevard Trunk Sewer, that will replace the Village Green force main and lift station. Construction of the sewer is currently scheduled for the summer of 1997. The addition of these eight units will not significantly affect the existing conditions at the existing Village Green force main and lift station, but future platting and subdivisions within Village Green may encounter sewer capacity constraints until the Scott Boulevard Trunk Sewer is constructed. 3 Storm Water Management: The existing wet-bottom storm water management basin located to the north of this subdivision was designed to accomodate the development of this property. Because of high water tables in this area, the legal papers for Village Green, Parts XII and XIII contained requirements for a private tile system to drain the area to allow construction of dwellings with basements. Similar stipulations should be included in the legal papers for this final plat, also. Future Development of Outlot A: Outlot A as shown on the plat encompasses all of the remaining area within the Village Green development that has yet to be developed. It should be noted that eventually street and trail connections between Village Green and Village Green South will be required through this area. The preliminary plat for Village Green South and a previous concept plan indicating the possible future layout of Outlot A both indicate that this connection will occur directly south of Lot 42. The roadway connection is to intersect Village Road at the same point as the western intersection of Compton Place and Village Road, creating a four-way intersection at that point. The applicant has been asked to verify that the location of the private roadway will allow for this alignment, and if not, the private roadway should be adjusted accordingly. The alignment of the new roadway and Compton Place to acheire a four-way intersection at this point will be required when the property south of Lot 42 is platted for development. To ensure street continuity staff recommends that the street connecting Village Green and Village Green South be platted at the time there is any further development proposed for Outlot A. Neighborhood Open Space: When the preliminary plat for this subdivision was reviewed and approved it was reported that the platting of Lot 42 required the dedication of 0.07 acres of open space. it was recommended that fees be accepted in lieu of this dedication. However, future dedication of open space for the continuation of the Village Green South trail and parkway system may be more appropriate. The preliminary plat for Village Green South included the dedication of a wide linear parkway along the drainageway that runs from Village Green to the south through the Village Green South development. This parkway is over 230 feet wide at the property line between the two developments. An earlier concept plan for the future development of the area included in Outlot A indicated that a 40 foot wide drainageway easement would be dedicated south of Village Road, which would lead to this parkway (this is illustrated on the attached concept plan). A trail connection to the trail system that is to be provided within the Village Green South parkway was also shown. In April of 1993, the Parks and Recreation Commission, while reviewing the proposed dedication of open space for Village Green South, indicated that an extension of this parkway to the north onto the adjacent property was desirable, and that staff and the Planning and Zoning Commission should pursue this possibility when this area is platted. When future plats are considered for the remaining portions of Outlot A, staff recommends that the possibility of additional public open space in this location be considered, as a possibile extension of the Village Green South parkway. Rather than requiring fees in lieu of open space as recommended at the time the preliminary plat was approved, staff recommends that the legal papers for Village Green, Part XIV specify that the required 0.07 acres of open space required for Lot 42 be dedicated at the time of further subdivision of Outlot A. A total of .85 acres of dedicated open space will be required for the development of the remaining 37.10 acre Outlot A, meaning that a .92 acre area of open space could be provided along this drainageway. STAFF RECOMMENDATION: Staff recommends that SUB96-0016, a request for final plat approval of Village Green, Part XIV, a one-lot residential subdivision with one outlot located north of Village Road, east of Oxford Place, be approved, subject to the approval of legal papers and construction drawings prior to Council consideration of the final plat. ATTACHMENTS: Location map. Final plat. Concept plan illustrating the relationship between Village Green and Village Green South. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development MUSCATINE LOCATION MAP SUE~6-0016 VILLA($E '~REEN PART XOV POND ~£W CO ti/I i'1 !l ! I I FOLLOWING IS m~ BEST DOCUMENT AVAILABLE 96 JUL I0 PM 2:17 Cli ; ' L IO'i'/,~ CI t' i: fO~,~"A Village PLAT WAL'PAREO BY ut~ CO~I~LTA]~S l~C. 1917 SOUTH GILBERT IOWA CITY. lOW& Final Plat Green - Part XIV Iowa City, Iowa BI/IL?'/?111 I. _ BEST DOCUMENT AVAILABLE Iowa City, Iowa l' PREPARED BY: CONSULTANTS INC. $ Gilbert Street City, Iow~ §8240 $UBDB/~DRPv'OWN~-~ James Anderson 335 S Clinton St Iowa City, Iowa §2240 $UBDIF/DER'$ ATr0RNEY: Dell Richard 150 E Court St Io~a City, Iowu 52240 I ////1/?'? / / / / / FOLLOWING IS ~ BEST DOCUMENT AVAILABLE 42 RESOLUTION AUTHORIZING CONVEYANCE OF A FOUR FOOT WIDE TRACT OF LAND FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION WHEREAS, the City Council has considered a proposal from the Court Hill Owners Association to purchase a four foot wide tract of land from the northern portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association owns the tract of land directly adjacent to the no~"therly portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association must acquire an additional 1500 square feet of land adjacent to their current tract to comply with applicable zoning regulations for the number of dwelling units on their tract of land; WHEREAS, the Court Hill Owners Association has offered to purchase the four foot wide tract of land from the northerly portion of Shamrock Place Apartments for $2,600.00, with the Public Housing Authority retaining a recreational/access easement; WHEREAS, on July 1 6, 1996, the City Council adopted Resolution 96-205 declaring its intent to convey the property, 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 RESOLVED BY THE CITY COUNCIL OF THE CITY 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 following described property to the Court Hill Owners Association, for and in consideration of the sum of 82,600.00, subject to the City retaining a recreational/access easement for the use and benefit of the tenants and guests. of the Shamrock Place Apartments: A four foot wide tract of land from the northerly portion of the tract of land commencing at the Northwest Corner of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence S 00043'39" E, along the West line of the Northwest Quarter of said Section 18, 35.00 feet; thence N 88°30'13"E, 5.00 feet; thence S 00043'39" E, 428.41 feet to the Point of Beginning; thence, S 89°28'11" E, 445.11 feet; thence S 00043'39" E, 280.07 feet; thence N 89°28'11" W, 445.11 feet; thence N 00043'39" W, 280.07 feet to the Point of Beginning, also known as 3501-3560 Shamrock Place. Resolution No, Page 2 The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyances required by law, Passed and approved this day of , 1996. MAYOR ATTEST: CITY CLERK City Attorney's Office RESOLUTION NO. 96-259 RESOLUTION RESCINDING RESOLUTION NO. 95-203 AND APPROVING THE DESIGN OF THE PROPOSED DEVELOPMENT AT 315 E. COLLEGE STREET. WHEREAS, pursuant to Resolution No. 83-13, dated January 18, 1983, the City Council authorized execution of a contract for sale of the Old Public Library and adjacent parking lot; and WHEREAS, this contract obligated the buyer of the parking lot, G.W.G. Investments, to submit building designs for Council approval for any development of the parking lot; and WHEREAS, the City Council adopted Resolution No. 95-203, approving the building design for a building called Carnegie Plaza, and WHEREAS, the parking lot has been sold to Main Street Partners since approval of the design for Carnegie Plaza, and WHEREAS, new design plans for a four-story mixed use building have been submitted and reviewed by the City staff, and WHEREAS, the City staff has recommended approval of the building design plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 95-203, approving the building design plans for Carnegie Plaza, is hereby rescinded. The City Council hereby approves the building design for the proposed development at 315 E. College Street as shown on plans submitted by Main Street Partners dated Augu st 27, ].996 , as required under the contract for sale of the Old Public Library and adjacent parking lot. This Resolution shall supersede Resolution No. 95-203 as rescinded above. Passed and approved this 27th day of August ,1996. ATTEST:~ ,~. CITY CLERK ec~dev~camegl res MAYOR Resolution No. 96-259 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ISION OF POINT POINT BUILDERS INC, August 27, 1996 Main Street Partners Building Iowa City, Iowa The following materials and colors have been specified for the new Main Street Partners Building project located on the comer of Gilbert Street and East College Street. Face Brick: Accent Brick: Stone: Plaster System: Roof Shingles: Fascia, Trim & Windows: Metal Railing & Commercial Level Windows: Sincerely, VANTAGE POINT, INC. Rose blend by Endicott Clay Products. Burgundy Blend by Endicott Clay Products. Light grey by Edwards Cast Stone. Light gray to match stone. Weatherwood by Timberland. Norwegian tan. Military Blue 736F326 by U.S. Aluminum. Kim Schmidt Architect KS/pd P.O. Box 5513 Cedar Rapids, IA 52406 319/36~5053 FAX 319/364-6502 (n I I .l I 0 00 I II I i T ,I II Ii I I .J D~, L City of Iowa City MEMORANDUM Date: August 22, 1996 To: City Council From: Martin Haynes, Chair Design Review Committee Re: Courtesy Review of the Design Plans for 315 E. College Street At its special meeting of August 12, 1996, the Design Review Committee held a courtesy review of the design plans for 315 E. College Street. Given that the review was a courtesy review, the Committee is not forwarding a formal recommendation but is forwarding some general comments regarding the project's design. The Committee would like to first commend Mr. Clark for making efforts to make the building more compatible with surrounding buildings. Though this building contains many of the same design features of the developer's building on Burlington Street, the Committee finds that this building's overall design is more successful. The sky lit internal corridor at the retail level is an interesting concept. The Committee appreciates the work the developer and his architect have put into the project. The Committee offers the following comments which we believe would have improved the design of the project as it relates to its surroundings: The relationship of the first floor businesses to the street could be enhanced along the Gilbert Street side of the building by having the businesses at or closer to street level rather than approximately six feet above street level at the southeast corner of the building. This configuration also limits wheelchair access to the first level retail. The Committee, however, understands the applicant's desire to have subsurface parking on the site and the difficulties this creates to place the first floor commercial at street level. More relief and architectural interest could be provided to the mass of the building along College Street by setting back or bringing forward the exterior walls of the building. The quions and brick detailing on the facade will do little to mitigate the mass of the building. The steps along Gilbert Street are narrow in relationship to the facade of the building. The Committee encourages the applicant to widen the steps to better match the scale of the building and to improve access. Small bushes along the six foot high wall along Gilbert Street are out of proportion to the wall. The Committee encourages the applicant to provide landscaping along Gilbert Street that better matches the scale of the wall and also creates a buffer for pedestrians. The Committee finds the placement of mechanical equipment and drainage systems (e.g. air-conditioning condensers and down spouts) on the front facades of buildings as unnecessary distractions from the design of the building. The Committee hopes that future designs of downtown buildings will find more creative solutions in designing these elements into the project. The Committee would like to thank the City Council and Mr. Clark for providing us with the opportunity to review the design plans for 315 E. College Street. A representative will be at your August 26, 1996, work session, to answer any questions you may have regarding our comments. cc: Design Review Committee Jim Clark Karin Franklin f:~msword~junjulau\clark2.mem Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5141 RESOLUTION NO. 96-260 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT. WHEREAS, Mid-~America Construction Co., of Iowa City, Iowa, has submitted the lowest responsible bid of $783,700.00 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: The contract for the construction of the above-named project is hereby awarded to Mid-America Construction Co., of Iowa City, Iowa, subject to the condition that awardee secure adequate performance 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 bond, insurance certificates, and contract compliance program statements. Passed and approved this 27th day of August ,1996. MAYOR CITY'CLERK It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION WELL HOUSES (JORDAN AND SILURIAN) IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 13th day of August, 1996, 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 Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this ProjecL 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 August 27, 1996, or at such later time and place as may then be scheduled. The Project will involve the following: Well houses including pumps and motors complete with all appurtanences. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4685 Merle Hay Rd., Des Moines, Iowa 50322, 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 mainte* nance 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. w ow ity p /k)wa O~ Wa{er Div~ioa/ The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance 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: Completion Date: August 1. 1997 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Howard R. Green Company, Consulting Engineers, 4685 Merle Hay Rd., Des Moines, Iowa 50322, by bona fide bidders. A $100.00 deposit 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 Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. 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 subcontract 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 Agreement 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 is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by calling 319-356-5022. oj rd -- /~Jowa.~/Water Div, i~ion By virtue of statuto~' 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 required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respect 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 technicali~es and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES IN CONNECTION WITH THE NEW WATER TREATMENT PLANT, WHEREAS, City Staff was directed to negotiate with the Elks Golf and Country Club ("Elks Club") in lieu of condemnation for property rights needed for the City's development of the new Water Treatment Plant and Foster Road extended and to allow the Elks Club to continue to operate a golf course, if possible; and WHEREAS, City Council now wishes to enter into a letter of understanding to acquire property rights in lieu of condemnation and to convey and lease certain property to the Elks Club to build two additional golf course holes to replace those which will be lost by the City's acquistion of the aforementioned property rights. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The letter of understanding to acquire property rights from the Elks Club in lieu of condemnation and in exchange for the City conveying and leasing land to the Elks Club for the construction of two additional golf holes to replace those lost by reason of the City's acquisition of the aforementioned property rights, is hereby approved as to form and substance. The City Attorney is directed to carry out all necessary procedures to consummate the acquisition of said property rights, as agreed. Passed and approved this day of , 1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by AYES: NAYS: (J'ty Attorney s Office the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef August 19, 1996 Charles A. Mullen Phelan, Tucker, Mullen, Bright & Walker, L.L.P. 321 E. Market Street Iowa City, IA 52240 CITY OF I0 WA CITY Re: Fifth and Final Round of Staff-Conducted Negotiatioqs Between City of Iowa City and Elks Country Club and Golf Course Dear Chuck and Members of the Elks Negotiating Committee: This letter shall represent the results of our third negotiating session, held in the EIk's Golf and Country Club on August 16, 1996. Thic ic still not intended to boa fin31, edited form, 5'-'t rathor docigned to be a working document. 1. Combination Lease and Sale of Land for two (2) golf holes Elks and City agree that if money must be returned to HUD for a portion of the land purchased with flood hazard mitigation monies, the Elks Club will pay all such monies. Sale. The upper portion of the area delineated on the attached topographical diagram will be sold to Elks Club for the sum of $226,800.00, which amount represents the number of acres times the $15,000/acre which the City paid for said upper land, i.e. 15.12 acres X $15,000 = $226,800. Said amount shall be payable to the City in three (3) two (2) equal installments on June ~o" ..... 1, 1997, June 1, 1998 and June 1, 1999, aP, d--1-888, without interest, for a total payment for the land sold to Elks Club of $226,800. Additionally, all of the good stewardship requirements which the City now has to protect the Iowa City Water Supply & Treatment Facility, including the raw water supply, shall become a covenant running with the land in perpetuity, and the City's sale of said 15.12 acres to Elks shall be conditional upon inclusion in the conveyance documents that Elks Club shall abide by good stewardship principles of protecting the groundwater and wetlands on said upper land, together with the promise of limited use of pesticides, all of which good stewardship principles shall also be imposed on the land now owned by the City but which will be sold for private development. Parties understand that the two golf holes will be constructed on a combination of both the leasehold area and the land sold to the Elks. Lease. The remaining lower portion of the land shown in the attached diagram, or approximately 7.13 acres, shall be leased to Elks Club for $1 per year in a long-term lease of 99 years, with renewal for an additional 50 years. This lease shall grant a right for use by the Elks Club expressly and exclusively for two (2) 410 EAST '6'^$l{IttOTON STREET · IOWA CITY. IOWA ~2240-1826 · 1319) )J6-$000 · FAX (319] 356-~009 Charles A Mullen August 16,1996 Page 2 golf course holes and golf cart pathways only. and shall not be used for any other golf course purposes. Sale and lease areas. The City understands that in order to operate and maintain a viable golf course, that some chemicals must be used for pest control and weed control, as well as fungus control. To this end, Elks Club agrees that its use of chemicals may include organic fertilizer and pesticides (which under state law include fungicides), but that Elks Club's use of pesticides on both the leased area and the conveyed land must first be approved by the City including frequency of application and amounts -- all in accordance with the attached Application Schedule. Elks Club and City also agree that any deviations from this Application Schedule must first be approved, in writing, by the City, and shall only be permitted under unusual and extraordinary circumstances. Elks Club acknowledges that the City shall have the right to monitor and inspect application of any such chemicals to the two golf course holes, but the City shall not have an obligation to monitor or inspect the two golf holes. Elks Club acknowledges that it shall have all responsibility for proper application and use of pesticides as defined by state and federal law, and that Elks Club will provide access to all Elks Club records relating to chemical application of pesticides, and will do so within a reasonable time after the City's written request. ii. The City shall have the dght to suspend Elks Club use of chemicals on the two golf course holes at any time the City determines, in the City's view and based on reasonable evidence, that the operation or use of chemicals on the golf course holes presents an imminent danger to the public health. After attempts have been made by Elks Club to correct and identify problems, the City still retains the dght to temporarily suspend Elks Club's use of the two golf course holes upon the City's determina- tion, based on reasonable evidence, that the operation or use of the golf course holes presents an imminent danger to the public health. The City agrees to make reasonable efforts at prior notice before exercising the City's right to suspend Elks Club use of chemicals and/or suspend Elks Club use of the two golf holes, but the City retains the right, based on reasonable evidence, to both summarily suspend chemical use and/or suspend Elks Club use of the two golf holes if deemed by the City to be in the interests of public health and safety. iii. Cross indemnity provisions: The Elks Club agrees, in order to assure the City against potential liability, to indemnify the City for the Elk Club's negligent application or use of pesticides or chemicals and/or negligent management of the golf course holes in the leasehold area. Similarly, the City agrees to indemnify the Elks Club against the City's negligent operation of its Iowa City Water Supply and Treatment Facilities, including use of the well access road. Charles A. Mullen August 19, 1996 Page 3 The leasehold interests reflecting both the two golf holes and the well access road shall be memorialized into one (1) leasehold document and be approved by attorneys for both parties. vi. In the event the Elks Club terminates use of the conveyed land as golf holes or no longer owns the Elks Club land, then the restrictions on use of pesticides will be no more restrictive than those covenants placed on the land on the upper terrace of +90 acres to be sold by the City for private development and the obligations for the well access lease shall continue for the full 99 year lease term, and be fulfilled by Elks Club's successors and assigns. 2. Well Access Road - Reciprocal Lease Elks Club agrees to lease to the City a 30-foot wide well access road, which will also be a public recreational trail and shall serve as a road only for authorized vehicular travel by City and utility vehicles and Elks Club vehicles and be approximately 3,000 feet in length. In return, the City will replace the existing Elks Club pump and pump house to a more suitable location and to a standard sufficient to operate at the existing pump house's capacity. This City leasehold interest in the well access road shall be on terms comparable to the leasehold of the golf holes to the Elks Club, namely that 1) the term of years will be 99 years with a renewal option of an additional 50 years; c~d 2) in the event the City terminates Elks Club's use of the two golf holes, that the City's lease for the well access road shall also terminate; and 3) if Elks Club ceases to use the two golf holes for golf course purposes, Elks nonetheless agrees that Elks Club's successors and assigns in interest shall be obligated to fulfill the full 99 year lease term for the well access road. Additionally, the City agrees to install some security device to deter unauthorized vehicular traffic from using the well access road. In return for this well access road, the City agrees to pay a maintenance fee of $1,000 per month for so long as the reciprocal lease agreement for the two golf holes and trail/road continues or for 99 years, whichever applies, 3. Fixed Alignment of Foster Road Extended Right. of-Way The Parties agree that the black dotted 350" radius curve (40' away from Bill Meardon's property and 60' away from Bruce Glasgow's property) line indicated on the Public Works construction plan shall be the fixed alignment of the Foster Road right-of-way extended as generally described as "Silas Foster's Alteration" granted by the Territorial Board of Commissioners in 1844, and that said designation shall be incorporated into proper design plans being prepared by the City. Parties acknowledge that final design of the fixed alignment of Foster Road Extended improvements are not yet complete, but that the City will make a vigorous and good faith effort to have a rough profile available showing the construction easements which the City will require from Elks Club to construct the fixed alignment of Foster Road Extended. However, Elks Club acknowledg- es that even though detailed legal descriptions and plats of survey will not be Charles A. Mullen August 19, 1996 Page 4 available by the August 27, 1996 City Council meeting, that City will have a rough delineation of needed temporary construction easements agreed upon by said date, in sufficient detail to enable both City and Elks Club to proceed with their respective obligations stated herein. In exchange for the Elks Club agreement to the fixed alignment of Foster Road Extended from the entrance to the club house toward the west, together with necessary construction easements for the City to the improvements to Foster Road Extended, the City will prepare the necessary legal documents to clarify and fix the right-of-way alignment of Foster Road Extended, including any actions necessary to relinquish or extinguish dghts in the existing unimproved roadway. The City will regrade the existing roadway during the overall construction, and leave the old roadway area in a manner suitable for seeding. 4. Easements for Raw Water and Finished Water Lines and Sanitary Sewer In consideration for entering into the conveyance, covenants and leasehold agreements described above, Elks Club agrees to grant to the City, for no additional consideration, construction and permanent installation and mainte- nance easements for the necessary finished and raw water lines which will cross the Elks Club property and the leasehold area, in order to complete the necessary work for the Iowa City Water Supply and Treatment Facility. In addition to the Elks Club granting said pen~qanent and construction water easements, Elks Club shall also grant to the City a concurrent utility easement so that power and communication lines may be installed within the same easement area or delineated easement line. Elks Club agrees to provide a Sanitary Sewer Construction and Permanent Installation and Maintenance Easement at the northeast corner of Elks Club at the corner of Foster Road and No Name Street. 5. Fence and Delineation Elks Club agrees to delineate the boundary of the leasehold and conveyed land areas with comer posts, or some other appropriate delineation feature. If the Elks Club so chooses, the Elks Club may install a fence or vegetative screen between the golf course and the well access road/recreational trail, at Elks Club expense. 6. Golf Holes - Two Only Elks Club agrees to pay and obtain all necessary permits for wetlands required under state, local and federal law for the installation of two golf holes on the conveyed land and leasehold area. The Elks Club is obligated to comply with the Sensitive Areas Ordinance recently adopted by the City. Elks Club shall prepare all necessary construction plans for said golf holes, and said plans shall be subject to City approval pnor to Elks Club commencing Charles A. Mullen August 16, 1996 Page 5 const-uction of the two golf holes. Upon City approval, the City shall grant to Elks Club a right of entry over City property to enable Elks Club to install two golf holes. Any expenses for acquiring or constructing compensating wetlands as a result of Elks Club construction, as required under local, state or federal law, shall be solely the responsibility of Elks Club. Elks Club agrees that it shall make no claims to the Federal Emergency Management Agency (FEMA) for damages suffered, or claimed to be suffered, on the two golf hole area. Any excess dirt from construction of the golf holes shall be stored on City property upland of the golf holes for use by the City in constructing the fixed alignment of Foster Road Extended. 7. Miscellaneous City will prepare a land boundary survey plat, including legal description, for the entire area to be conveyed to Elks Club (+15.12 acres) as well as the leasehold area of +7.13 acres, at Elks Club expense. This plat shall be in sufficient detail to describe the areas, but need not be a topographical map. The City shall prepare a land boundary survey plat and legal description for the fixed alignment of Foster Road Extended, and prepare the appropriate legal documents for clarifying and/or relinquishing any rights over the existing unimproved roadway, as required by law. The City will prepare a land boundary survey and plat, including legal descrip- tion, of the recreational trail/well access road. The City shall prepare temporary construction easements for all of the construc- tion, including the fixed alignment of Foster Road Extended and trail/well access road, and shall also prepare plats for the temporary and permanent raw water, finished water line and sanitary sewer easement agreements. The two temporary easements for improvements to the fixed alignment of Foster Road Extended shall be subject to approval of both parties, and Elks Club agrees to grant such temporary easements in the future without additional consideration and as noted above in I~ 3. The City agrees that the paving of the fixed alignment of Foster Road Extended and the installation of sanitary sewer will not be assessed or a fee collected from the Elks Club, unless the Elks Club develops or sells land for development of any portion of the property served by Foster Road Extended or the sanitary sewer, in which case the land being sold or developed shall be treated the same as any other property owner. In order to minimize the length and area of Elks Club land which might be as~ecsod improvement cocts, City agrees the fixsd alignment of Foster Road Extended shall be wider on the northerly portions Charles A. Mullen August16,1996 Page 6 at the point where the to bo fixed right of way ic in an oast west diroction and is nearest the EII~ Club'c northerly most proporty bound3ry ac of August lg@6 The Elks Club agrees to connect their domestic (non-irrigation) water supply to the City water utility system, except for a sand point well along the river and except for filling of the swimming pool. Elks Club agrees to make no claim against the City for interference with the Elks Club's Silurian well. The City and Elks Club agree to cooperate fully in construction timetables, and to take advantage of contractor schedules to minimize disruption of the existing golf course and maximize the benefit from expenditure of public and pdvate funds. Elks Club agrees to comply with Iowa City's good stewardship requirements of Iowa City's Army Corps of Engineers 404 permit. Iowa City assumes the responsibility for installing monitoring wells to protect the safety of the public water supply. Iowa City agrees to impose good stewardship principles of protecting groundwa.. ter, wetlands and limited use of pesticides on the land in the upper terrace of + 90 acres which is to be sold by the City for pdvate development, said covenants to run with the land in perpetuity. 8, This negotiated agreement is subject to City Council approval. We will see you again at 10:00 a.m. at the Elks Club on August 16, 1996, where you and the Elks Club representatives will meet with Chuck Schmadeke, Kadn Franklin, Stove Atkinc and Looking forw3rd to concluding these negotiations, I 3m City Attorney CC: City Council Steve Arkins, City Manager Chuck Schmadeke, Public Works Director Karen Franklin, Planning Director Jeff Davidson, Transportation Planner Dennis Mitchell, Asst. City Attorney Marian Karr, City Clerk Charles A. Mullen August16,1996 Page 7 Accepted this day of , 1996. CITY OF IOWA CITY ELK'S CLUB By: Naomi J. Novick, Mayor By: Attest: Marian K. Karr, City Clerk By: 4 /