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Home My WebLink About1996-10-22 Resolution RESOLUTION NO. 96-290 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Que - 211 Iowa Avenue Soho's Maxie's 1210 Highland Court 1920 Keokuk Street It wasmoved by Norton and seconded by as read be adopted, and upon roll callthere were: Vanderhoef AYES: NAYS: ABSENT: X X X X X X Passed and approved this 22nd day of October that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,1996 ATTEST:~~¢~ 7~. ~,) CITY CLERK Approved by '~orney's Office \danceprm.res Prepared by: Doug Boothroy, HIS Director, 41 O E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 96-291 RESOLUTION AUTHORIZING APPLICATION FOR AN ECONOMIC DEVELOP- MENT AND SUPPORTIVE SERVICES (EDSS) GRANT. WHEREAS, the City Council of Iowa City functions as the Iowa City Housing Authority and the Department (~f Housing and Urban development has published a notice of fund availability for Economic Development and Supportive Services (EDSS) Programs in Public Housing; and WHEREAS, the City of Iowa City presently has an Annual Contributions contract with the Department of Housing and Urban Development to administer a Public Housing Program and wishes to provide economic development opportunities and supportive services to assist Public Housing residents; and WHEREAS, the Iowa City Housing Authority relies on Public Housing residents' support and involvement throughout the EDSS program and has a strong commitment to employ public housing residents to provide services; and WHEREAS, the residents of Public Housing and the Citizens of Iowa City would benefit from the services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said application to the Department of Housing and Urban Development for funds to operate an Economic Development and Supportive Services Program. e The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 22nd day of October ,1996. ATTEST: ~ CITY CLERK City Attorney's Office Resolution No, 96-291 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X. X Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef Prepared by: Robert Hagarty, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5401 RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR AN ECONOMIC DEVELOP- T AND SUPPORTIVE SERVICES (EDSS) WHEREAS, t~ City Council of Iowa City functions as Iowa City Housing Authority and the Department~.Housing and Urban development h~ )ublished a notice of fund availability for Economic Deve~m..ent and Supportive ServiceyE SS) Programs in Public Housing; and WHEREAS, the City of~,o~wa City presently has/~n Annual Contributions contract with the Department of Housing an'~l,.Urban Development' to administer a Public Housing Program and wishes to provide economic~evelopment o~portunities and supportive services to assist Public Housing residents. ~ ~ WHEREAS, the residents of Public PI and the Citizens of Iowa City would benefit from the services. NOW, THEREFORE, BE IT RE IOWA, THAT: IE CITY COUNCIL OF THE CITY OF IOWA CITY, The Mayor and City Clef are attest said application Del to operate an Econor Development and rized and directed to respectively sign and using and Urban Development for funds Services Program. The City Clerk is resolution toget Department of authorized and with any necessary and Urban Development. certify appropriate copies of this ~s as may be required by the Passed and appr//~ this day of , 1996. MAYOR Ap ro? d by City Attorney's Office City of Iowa City MEMORANDUM Date: To: From: Re: Oi Oo n ,/ Douglas Boothroy, f ctoi,/Housing an ' nspe ,on Services Resolution Author'zi gn Ai~ lication for Public il-~using Economic Development Supportive Services (EDS~;) Grant U The Iowa City Housing Authority (ICHA) in partnership with Mayor's Youth Employment Program and the Institute for Social and Economic Development (ISED) propose to submit an application to HUD for an EDSS grant. The purpose of the EDSS grant is to provide funds to the local housing authority and its padnet agencies to assist public housing residents in becoming economically self-sufficient. Under the EDSS program, responsibilities will be divided among the three agencies. The table below provides examples of each of the participating agencies' responsibilities. Agency Iowa City Housing Authority Responsibilities · Program administration (e.g., serve as fiscal agent, notify case managers of new residents, complete required HUD forms) Mayor's Youth Employment Program · Case management (e.g., meet with resi- dents and evaluate their need for support services, preparation of any required pro- gram evaluations) · Support services (e.g., coordinate specific supportive services, provide counseling and employment/computer skills training) Institute for Social and Economic Develop- ment · Economic development (e.g., provide en- trepreneurial training and microenterprise development) If awarded, the EDSS grant will be a three-year program funded at approximately $1 million. Up to 15% of the total grant will be used for administrative purposes. The ICHA, therefore, would receive approximately $40,000 for administration of this program. Mayor's Youth and ISED would receive the remaining funds for the activities and services they will provide to the public housing residents. The EDSS grant provides an important opportunity for public housing residents to receive the necessary training and supportive services to become economically self-sufficient. I strongly recommend the ICHA's participation in the EDSS program. Diane Hagarty, Mayor's Youth and Jason Friedman, ISED will be present at your informal meeting of October 21 to discuss this program. Thank you for your favorable consideration of this matter. RESOLUTION NO. 96-292 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NOS. IA022CE0022, IA022CE0023 AND IA022CE0024 WHEREAS, the City of Iowa Cit~ (the "Local Authority") proposes to enter into a revised contract (the "Consolidated Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Consolidated Annual Contributions Contract in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tern is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows; (1) "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Consolidated Annual Contributions Contract shall have the respective meanings ascdbed thereto in the revised Consolidated Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. Passed and approved this 22nd day of October 1996. ATTEST: ;I C~ ~' ~ C It was moved by Norton adopted, and upon roll call there were: Appr~ .~~ City Attorney's Office and seconded by Vanderhoef hisasst~contr21.res AYES: NAYS: ABSENT: X X _X X -- X Baker · Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be U.S. Department of Itouslng and Urban Development office of Public Housing Iowa State Office, G~eat Plains Ares Federal Building 210 Walnut Street, Room 239 Des Moines, Iowa 50309-2155 November 8, 1996 Mr. Doug Boothroy Director Housing & Inspection Services City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Mr. SUBJECT: Boothroy: Section 8 Annual Contributions Contract, Renewal, IA022CE022; IA022CE023; and IA022CE024, Iowa City, Iowa Enclosed is your copy of the fully executed Section 8 Annual Contributions Contract for the above referenced projects. If you should have any questions, please feel free to contact John Enclosures Johnson at (515) 284-4321. S~cere ly, Con -oli lated Annual Contributions Contract Rental Certificate Program and Rental Voucher Program Table of Sections page 1. Defimtions ................................ 2. Funding for HA Certdicate or Voucher Program ....... 2 3. Term ..................................... 2 4. HUD Payments for Program ..................... 2 .5. Maximum Payments for Program .................. 2 8. Reduction of Amount Payable by HUD .............. 2 7. ACC Reserve Account ......................... 2 8. Separate ACC for Funding Increment ............... 2 9. Budget and Requisition for Payment ................ 2 10. HUD Requirements ........................... 3 1 1. Use of Program Receipts ...................... 3 U.S. Department of Housing and Urban Development Office of Public and Indian Housing Section 8 page 12. Administrative Fee Reserve .................... 3 13. Depositary ................................ 3 14. Program Records. ,, .,... .3 15. Default by HA ........... ... ~ ................ 3 16. Rdelity Bond Coverage ............. ,...... ..... 4 17. Exclusion from Program .................... 18. Conflict of Interest Provisions .................. ! 9. Interest of Member of or Dategate to Congress ...... 4 20. E. xclus~on of Third Party Rights .................. 4 21. Consolidated ACC ........................... 4 1, Definitions ACC. Annual contributions contract. ACC Reserve Account. An account established by HUD for a program from amounts by which the maximum payment to the HA undex the cohsolidated ACC (during an HA fiscal year) exceeds the amount actually approved and paid. This account is used as the source of additional payments for the program. Annual Contributions Coreract. The contract for each funding increment. HUD's commitment to make payments for each funding increment {'project') listed in the funding exhibit constitutes a separate ACC. Budget Aathodty. The maximum amount of funds available for payment to the HA over the term of a funding increment. Budget authority is authorized and appropriated by the Congress. Consolidated A~nuel ContdbutJons Contract (consolidated ACC). The consolidated contract for the HA certificate program and voucher program. HUD's commitment to make payments for each funding increment in a program ~.'.~ns~tutes a separate ACC, However, commitments for all the funding increments are listed in this consolidated ACC. Funding Exhibit. An exhibit to the consolidated ACC. The funding exhibit'states the amount and term of funding for a program. There are separate funding exhibits for the HA ce~ificate program and voucher program. Funding Exhibit A. The funding exhibit for the HA certificate program. Funding Exhibit B. The funding exhibit for the HA voucher program. Funding Increment {also called a 'Project'). Each commitment of budget authority by HUD to the HA for a pro0ram under the consolidated ACC. The funding · increments for the program are listed in the p(ogram funding HA, Housing agency. Housing Agency' (HA}, The agency that has entered this consolidated ACC with HUD. HUD, U.S. Department of Housing and Urban Development. Program, The HA certificate program or voucher program. Contract Authority. The maximum annual payment by HUD to the HA for a funding increment. The amount of contract authority for each funding increment in a program is listed in the funding exhibit for the program. F[scaJ Year. The HA fiscal year. The funding exhibit states the last month and day of the HA fiscal year. Program Experm~tures.'" Amounts which may be charged agoins1 program- receipts in accordance with the consolidated ACC and HUD requirementS. Program Receipts. Amounts paid by HUD to the HA for a program,' and any other amounts received by 'the HA in connection with the program. Project. A funding increment for the program. · Pa~'l' of 5 fon'n HUD-52520 {11/93) Funding for HA Certificate or Voucher Program (a) The fund,ng increments m the HA certificate 0rogram or voucher program are listed ~n the funding exhibit for the program. (b) The amount of contract and budget authon~, for each funding increment ,n a program is stated in the program funding exh~b,t. (c) By g~ving written notice to the HA, HUD may revise a funding exhibit: (1) To add a cost amendment project. (2i To remove a project for which the ACC term has expired. 3. Term (a) The funding exhibit states the first date and last date of the ACC term for each funding increment. (b) If the fits~ or last date of the ACC term for a funding increment ~s not entered before the consolidated ACC is signed by the HA, HUD may enter the date subsequently, by giwng written notice to the HA 4. HUD Payments for Program (a) HUD will make ~ayments to the HA for a program in accordance with HUD regulations and requirements. (b) For each HA fiscal year, HUD will pay the HA the amount approved by HUD to cover: (1) Housing assistance payments by the HA for a program. (2) HA fees for administration of the program. (c) The amount of the HUD payment may be reduced, as determined by HUD, by the amount of program receipts (such as interest income) other than the HUD payment. 5. Maximum Payments for Prograr,] (a) Annual Umit Except for payments from the consolidated ACC reserve account, the HUD annual payments for a program dunng a fiscal year must not be more than the sum of the contract authority amounts for the funding increments in the program. reduce to an amount determined by HUD: (1) The amount of the HUD payment for any funding ~ncrement. [2) The contract authority or budget authority for any funding increment. (b) Umit on Payments for Funding Increment The total amount of payments for any funding increment over the increment term must not exceed budget authority for the funding increment. Reduction of Amount Payable by HUD la) If HUD determines that the HA has failed to comply with any obligations under the consolidated ACC, HUD may (b) HUD must give HA written nobce 0f the reduction. (c) The HUD not~ce may include a revised funding exhibit to state the reduction in the amount of contract authonty or budget authority for a funding increment. The notice of a fewsad funding exhibit. or of revisions to the funding exhibit for a program constitutes an amendment of the consolidated ACC. 7. ACC Reserve Account An ACC reserve account may be established and maintained by HUD. The amount m the account is determined by HUD. The ACC reserve account may be used by HUD to pay any perhen of the program payment approved by HUD for a fiscal year. 8. Separate ACC for Funding Increment HUD's commitment to make Payments for each funding increment ('project") listed in the funding exhibit constitutes a separate ACC. 9. Budget and Requisition for Payment (a) (b) (c) Each fiscal year, 1he HA must submit to HUD an estimate of the HUD payments lot the program. The estimate and supporting data must be submitted at such time and in such form as HUD may require, and are subject to HUD approval and revislo~. Page 2 of 5 The HA must requisition periodic payments on account of each annual HUD payment. Each requisition must be in the form prescribed by HUD. Each requisition must include certification by the HA that: (1) Housing assistance payments have been made in accordance with contracts in the form prescribed by HUD and in accordance with HUD requirements; and (2) Units have been inspacted by the HA in accordance w~th HUD requirements. If HUD determines that payments by HUD to the HA for a fiscal year exceed the amount of the annual payment approved by HUD for the fiscal year, the excess must be applied as determined by HUD. Such applications determined by HUD may include, but are not hmited to, application of the excess payment against the amount of the annual payment for a subsequent fiscal year. The HA must take any actions required by HUD respecting the excess payment, and must, upon demand by HUD, promptly remit the excess payment to HUD. form HUD-52520 (11/93) ~ o; HUD 'Requirements The HA must comply, and must require owners to comply. with the requirements of the U.S. Housing Act of 1937 and all HUD regulations and other requirements..ncludmg any amendments or changes in the law or HUD requirements. {bl The HA must COmply w~th ~ts HUD~aDProved adm.n~strat~ve plan, equal opportunity housing plan, and HUD-approved program funding applications. {c) The HA must use the program forms required by HUD. (d} The HA must proceed expeditiously w~th the programs under this conSolidated ACC. ~. Use of Program Receipts (a} The HA must use program receipts to provide decent, safe, and sanitary housing for eligible faradres m compliance with the U.S. Housing Act of ; 937 and HUD requirements. Program receipts may only be used to pay program expenditures. ~',h~ HA must not make any program expenditures, ex- cept in accordance with thc HUD-approved budget esti- mate and supporting data for a program. 13. Depositary (a) Unless otherWiSe required or permitted by HUD, all program receipts must be promptly deposited w~th a financial ~nst~tution selected as depositary by the HA m accordance w~th HUD requirements- (b) The HA must enter an agreement w~th the depositary ~nstitupon in the form required by Hug. (c} The HA may only withdraw deposited program receipts for use in connection with the program in accordance with HUD requirements. The agreement w~th the depositary institution must provide that d required under a written notice from HUD to the depositary: (1) The depositary must not p~rm~t any w~thdrawal of deposited funds by the HA unless withdrawals by the HA are expressly authorized by written notice from HUD to the depositary. (2) The depositary must permit withdrawals of deposited funds by HUD. (e) If approved by HUD, the HA may deposit under the depositary agreement monies received or held by the .HA in ~la~l~lF,~n with ~ cpntract between the HA and HUD. {c) Interest on the constitutes program receipts. (d) If required by HUD, program receipts in excess of current needs must be promptly remitted to HUD or must I;e invested~ accordance with HUD requirements. ~nvestment of program receipts 14. Program Records (a) The HA must maintain complete and accurate books of account and records for a program. The books and records must be in accordance with HUD requirements. and must permit a speedy and effective audit. 12. Administrative Fee Reserve The HA must maintain an administrative fee reserve lot a program. The HA must credit to the administratwe fee reserve the total of: (1) The amount by which program administrative fees ' paid by HUD for a fiscal year exceed HA admini- strative expenses for the fiscal year, plus (2) Interest earned on the administrative fee reserve. (a) The HA must use funds in the administrative fee reserve to pay administrative expenses in excess of program receipts. If any funds remain in the admimstrat~ve fee reserve, the HA may use the administrative reserve funds for other housing purposes if permitted by State and local law. lb) {c) If the HA is cot adequately administering any Sectran 8 program ~n accordance w~th HUD requirements, HUD The HA must furnish HUD such financial and program reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. HUD and the Comptroller General of the United States~ or their duly authorized representatives, must have full and free access tO all HA offices and facilities, and to all the books, documents, and records of the HA relevant to administration of the program, including the right to audit and to make copies. (d) The HA must engage and pay an independent public accountant to conduct audits that are required by HUD. The cost of audits required by HUD may be charged against program receipts. ~5. Default by HA {a) Upon written notice tO the HA, HUD may take may: {1) D~rect the HA to use the fundS to improve admini- possession of all or any HA property. rights, or interests stration of the Section 8 program or for reim- in connection with a program, including funds held by a bursement of ineligible expenses. depositary, program receipts, and rights or interests (2) Prohibit HA use of administrative fee reserve funds. form HUD-52520 {11/93! . Page 3 of 5 (1) The HA has faded to comply with any obligations under this consolidated ACC; or (2) The HA has re,led to comply with obligations under HUD's satisfaction or as directed by HUD, for housing assistance payments (including requiring (3) The HA has made any misrepresentation to HUD of (b) HUD's exerc,se or non-exercise of any right or remedy under the consolidated ACC is not a waiver of HUD's right to exercise that or any other nght or remedy at functions with respect to a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. (d) The provisions of this section do not apply to the depositary agreement. or to utility setwee for which the rates are hxed or controlled by a governmental agency. 19.Interest of a Member of or Delegate to Congress No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any s13are or part of this consolidated ACC or to any benefits which may arise from it. 2o. Exclusion of Third Party Rights (a) A family that is eligible for housing assistance under th~s consolidated ACC is not a party to or third parW beneficiary of the consolidated ACC. ]6. Fidelity Bond Coverage The HA must carry adequate -fidelity bond.cov~r~ reclu~red by HUD, of its off, cars, agents, or e~ployees ~an~- ling cash or authorized to sign checks or certify vouchers. ] 7. Exclusion from Program Single-headed households. pregnant females, and recipients of pubbc assistance may not be exc:uded from participation ~n or be darned the benefit of a program because of such Status. ]8. Cor~flict of Interest Provisions Nmther the HA nor any of its contractors or their subcontractors may enter into any contract, subcontract. or arrangement in connection with a program in which any of the following classes uf persons has an interest, direct or indirect, during tenure ~ apr one year thereafter: (1} Any present or former member or officer of the HA (except a tenant commissioner). (2) Any employee of the HA who formulates ~olicy or who ~nfluences decisions with respect to a program. (3} Any pubhc ofhcial, member of a governing body. or State or local legislator who exerc,ses functions or respons~bdides w~th respect to a program. (b) Nothing ~n the consolidated ACC shall be construed as creating any right of any third party to enforce any provismn of th~s consolidated ACC. or to assert any ~ ~nst HUD or the HA. Consolidated ACC (a) The consolidated ACC ,3 a contract between HUD and the HA. (b) This consolid3ted ACC supersedes any previous annual contributions contract for a program. Matters relating to funding or operation of the program under a prewous annual contributions contract are governed by this consohdated ACC. (b) Any member of these classes of persons must disclose the member's interest or prospective interest to the HA and HUD. (c) The ~equirements of th~s section may be wawed by HUD for good cause. No person for whom a waiver is granted shall be permitted to exercise [espons~bdities or Page 4 of 5 form HUD-52520 (11/93) United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Oate ragned: Housing Agency Director Office of Public Housing Name of Agency:. (print or type) [OHA CITY HOUSING AUTHORZTY Signature of Authorized Representative: NOV Oate signed: Name J~ Officia(..T~tle: J~3rint or type) NAOMI J. NOVICK, MAYOR, CITY OF IOWA CITY Page 5 ,~f 5 form HUD-52520 (11193} ::> -42Z~ ,'rl ,2..=' t,_) ,2. ,Z '., 'Z 3' -- 'Z D 2 ' · Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 {319)356-5142 RESOLUTION NO. 96-293 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge, Part Seven, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part Seven, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 22nd day of October , 1996. CITY-CLERK MAYOR Approved by City Attorney's Office Resolution No. 96-293 Page 2 It was moved by Norton and seconded by _Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X' Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY October 14, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Windsor Ridge - Part Seven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Windsor Ridge- Part Seven have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY. IOWA ~2240-l[26 $ (319) 356-1t000 * FAX (Jig) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, ]A 52240 (319) 356-5246 RESOLUTION NO. 96-294 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 907 EAST DAVENPORT STREET, IOWA CITY, IOWA WHEREAS, on March 2, 1992 the property owners of 907 East Davenport Street executed a Rehabilitation Agreement, a Promissory note and a Mortgage to secure a loan in the amount of 94,919 through the City's Housing Rehabilitation Program; and WHEREAS, said documents created a lien against the property; and WHEREAS, only $4,425 of the .54,919 was spent; and WHEREAS, on June 27, 1996 the property owner paid said loan of 94,425 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 907 East Davenport Street, Iowa City, Iowa from an obligation of the property owners to pay to the City the 94,919 which was recorded in Book 1342 Pages 248 thru 258 of the Johnson County Recorder's Office. It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdtehab'~gO?daven.wp5 Prepared by: Liz Osborne, CD Division, 410 E, Washington St., Iowa City, IA 52240 (31g)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 907 East Davenport Street, Iowa City, Iowa, and legally described as follows: Commencing at the Northwest Corner of Out Lot 7 in Iowa City, Iowa, according to the recorded plat thereof; thence East 80 feet along the North line of said Out Lot 7; thence South 60 feet; thence West 80 feet; thence North 60 feet to the place of beginning. from an obligation of the property owners, Perry E. Miller Jr., and Mary J. Moyers, to the City of Iowa City in the principal amount of $4,919 represented by a Rehabilitation Agreement, a Promissory Note and a Mortgage recorded on March 17, 1992 in Book 1342, Pages 248 through 258 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: :~Y'~LERK ;~' C A~e~d by /,~.,~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ZZ day of O,~¢~ , A.D. 19 '~G , 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 C~uncil, as contained in Resolution No. c/~. _Zc~, adopted by the City Council on the 2~ ~- day o~:' ~-,',~,~,- , 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. Ppdrehab\907daven.doc Notary Public in and for Johnson County, Iowa Prepared by: Sarah E. Holecek. Asst City Attorney. 410 E. Washington St. Iowa City (319) 3,56-5030 RESOLUTION NO 96-295 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER EASEMENT AGREEMENT FOR LOTS 22, 23, 34 AND 36 OF WEST SIDE PARK ADDITION, IOWA CITY, IOWA. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, West Side Co. submitted a site plan for development on Lot 22 within West Side Park, Iowa City, Iowa; and WHEREAS, Public Works has approved the site plan subject to the property owners entering into a Storm Sewer Easement Agreement; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City. Iowa. NOW, CITY, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer Easement Agreement for Lots 22, 23, 34 and 35 of West Side Park Addition, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at Owner's expense. Passed and approved this 22nd $arah~lenduse'~wparX22 res day of October MAYOR ,1996. ATTEST: CI~LERK Resolution No. 96-295 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef THIS AGREEMENT made and entered into by and between Smith-Moreland Properties, an Iowa General Partnership; First National Bank of Iowa City, Iowa; and Grandview Court Apartments Partnership, an Iowa General Partnership, which entities are hereinafter referred to as "Owner", which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as "City", which expression shall include its successors and interest and assigns. IT IS HEREBY ~GREED AS FOLLOWS: For the sum of One Dollar and other valuable considera- tion, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, replace- ment, maintenance and use of storm sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying storm water, together with all necessary appli- ances and fittings for use in connection with said lines and adequate protection thereof, and also a right of way with right of ingress and egress thereto, over and across the following-described premises (hereinafter "easement area"), a plat of which is attached hereto as Exhibit "A": Beginning at the Northeast Corner of Lot 22, West Side Par~ ~ddition, to Iowa City, Iowa, as recorded in Plat Book 24, at Page 45, of the Records of the Johnson County Recorder's Office; thence S89°351041~W, along the north llne of said Lot 22, 7.80 feet; thence N 04°47t39~ W, 200.59 feet; thenoe N89°35'04"E, 15.04 feet; thence S04° 47t39~E, 226.23 feet~ thence S85°12tZl"W, 7.48 feet, to a point on the east line of said Lot 22; thence N04°13'50"W, along said east line 26.20 feet, to the point of beginning. Said tract of land contains 3,199 square feet, more or less, and is subject to easements and restrictions of record. The Owner further grants to the City the following rights in connection with the above: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of -2- said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area, and on either side of said easement area, which now or hereafter in the opinion of the City may be a hazard to said area, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said easement area; or diminish or substantially add to the ground cover upon said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above de- scribed, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public im- provements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original con- struction and installation of said improvements. The par- ties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until ac- ceptance by the City, as provided by law. This Easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. -3- DATED this SMITH-MORELAND PROPERTIES, AN IOWA GENERAL PARTNERSHIP General Partner FIRST NATIONAL BANK OF IOWA CITY, IOWA Robert Sierk, President GRANDVIEW COURT APARTMENTS PARTNERSHIP, AN IOWA GENERAL PARTNERSH I P B :Jo~R_offm~aa / ~eral ~Ker CITY OF IOWA CITY, IOWA Na~l ~o~l~k, Mayor Marian K. Karr, City Clerk -4- STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this l~day of ~.~'~--~ ,1996, before me, the undersigned, a ~otary Publio in and for the state, personally appeared John W. Moreland, Jr., to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith-Moreland Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. ~~~ic in and for the STATE OF IOWA ) ) JOHNSON COUNTY ) On this /7- kay of , 1996, before me, the undersigned, ~ Notary PubIfc in and for the State of Iowa, personally appeared Robert Sierk, to me personally known, who being by me duly sworn did say that he is the president of the corporation executing the within and foregoing in- strument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Robert Sierk as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. MARVINE[~X~I~ Public in and for ~ ~ pub~i_~'~'~tate of Iowa -5- STATE OF IOWA ) ) ms: JOHNSON COUNTY ) On this the undersigned, a day of ~J~.~ ~ , 1996, before me, Notary Public in and for the state, personally appeared John Roffman, to me personally known, who being by me duly sworn, did say that the person is one of the partners of Grandview Court Apartments Partnership, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. ~~~~:,li. in an, for .he !' ~._, .%., ~ State of Iowa STATE OF IOWA ) ) cs: JOHNSON COUNTY ) On this 3~4&- day of ~¢,~ , 1996, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Naomi 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, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corpora- tion by authority of City Council of said municipal corpora- tion; and that the said Naomi Novick and Marian K. Karr ac- knowledged the execution of said instrument to be the volun- tary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa. q:~mk~mkT~R37a0849 EXHIBIT "A" LEGEND. AND O NOTES C51~' Irm Pk ~/LS ERR~ OF ~UR[ IS L~ ~AN 1 f~T IN 20,~ PROPRIEFOR JOHN MORELAND ]'=lO~' N 89',3~'04' E I I I 15' STORM "~- ~ ', / NO~C~ST CORNER X I / LOT 22 W~ST ~D£ PARI( / II ?.~. 2~-~' ~ ~ ~ ,o' ~ ~ ~ ~T STORM $£WF...R EASEMENT BEGINNING AT 11-(E NOR"PrlEAST CORNER OF LOT 22, WEST $1DE PARK ADDITION, TO IOWA C1'~', IOWA, AS RECORDED IN PLAT BOOK 24, AT PAGE 45, OF 1HE EECORO$ OF THE dOHN$ON COUNTY RECORDER'S OFFICE; THENCE S89'35'04'W. ALONG THE NORTH LINE OF SAID LOT 22'. 7.80 FEET; THENCE N 04'47'39' W. 200 59 FEET; THENCE N89'.~5'O4"E, 15.04 FEET; THENCE S04'47'39'E, 226.23 FEET; THENCE S85'12'21'W, 7.48 FEET, TO A POINT ON THE EAST UNE OF SAiD LOT 22; '[HENCE NO4"13'50'W. ALONG SAID EAST UNE 26.20 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.199 SQUARE FEET. MORE OR LESS. AND IS $UBdECT 10 EASEMENTS A~,~O RESIRICllONS OF RECORD. I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. _..~L-- .O. /x~ ~_.,...,~_'~ ?. Z.~r ,19 9./ Glen D. MeisneY LS. & P.E. Re§. No. 8165 DATE MY REGISTRATION EXPIRES, DECEMBER 31, 1957 . ............... 7~ ...... ~,,,.t ...~,.- PROPRIETOR: ,JOHN MORELAND tr STORkl SEWER EASEMENT BEGINNING AT THE NORTHEAST CORNER OF LOT 22. WEST .~0E PARK ADDITION, TO 10WA CITY, 10WA, AS RECORDED IN PLAT BOOK 24. AT PAGE 45. OF THE RECORDS OF 'I~E JOHNSON COUNTY RECORDER*S 0FncE; '[HENCE S89'35'04'W. ALONG THE NORTH LINE OF SA~D LOT 22. 7 80 FEET; THENCE N 04'47'39' W. 200.59 FEET; THENCE NBg'55'04'T. 15.O4 FEET; THENCE S04'47'59'E. 2'26.23 FEET; THENCE S85'12"21'W, 7.48 FEET. TO A POINT ON THE EAST LINE OF SAID LOT 22; ~ENC~ N04q3'50'W. ALONG SA~0 EAST UNE 26.20 F~ET. TO IH£ POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.199 SQUARE FEET. MORE 0R LESS. AND IS SUBJECT 10 EASEMENTS AND RESTRICTIONS OF' RECORD. o I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGIS]ER£D LAND SURVEYOR UNDER ]HE LAWS OF THE STALE OF IOWA. Glen D. Meisn~ L.S. & P.E. Reg. No. 8165 DA~E BY REGISTRATION EXPIRES, DECEMBER 31, 1977. SIGNED BEFORE ME THIS,~5 DAY OF ~OTA.Y PUBUC. ~N ANO ~0~ ~HE STATE OF ~OWA S~eet TiUe: ~ ~ STORM SEWER EASEMENT MMS Co}~su~Tarrrs, INc ~ Pto~r~l llue: Iowo Ci!y. Iowo (319) 351-8282 CITY, 10WA ~ oe~g.~ ~ 0.o. b~ ~ bX IOWA GDM dom CDM AGRBFJtBNT made and entered into by and betwee~ S~ith-Mo~land Properties, an. Iowa General Partnershipl First Nat~nal Bank of Iowa City, Iowa; and Grandview Ap~tm. ents~artne~ship, an Iowa General Partnership, [ch entities ar~ hereinafter referred to as "Owner", wh expression Lll include their successors in and assigns, and e City of Iowa City, Iowa, referred to as H', which expression shall i] its successors and and assigns. IT IB HERBBY AS FOLLOWS~ For the sum of tion, receipt of hereby grants and purposes of excavating ment, maintenance and use and conduits as the City conveying storm water, encee and fittings for use in adequate protection thereof, right of ingress and egress following-described premises a plat of which is attached e Dollar and other is hereby acknowlE to the City, and the ins storm .1 from considera- Ied, the Owner easement for the , replace- lines, pipes, mains .me to time elect for all necessary appli- .on with said lines and a right of way with over and across the "easement area") , Exhibit "A": Beginning at the Si~e Park &ddition, recorded in Plat Records of the thence Lot 22· 7.80 feet~ thence N8 47t39"E, 226.2 feet· to a thence feet· to land is subJ e, record. of Lot 22, Iowa Cit~, as 24, at of the Count~ s Office; along the north of thence N 04°47~39" 200.59 S04 7.48 20 · 15.04 feet; thence 885°12'21"W on the east line of said along said east line point of beginning. Said 3·199 square feet, more or to easements and restrictions of West and The rights in further grants to the City the followin( ;ion with the above: 1. The right to grade said easement area for the width , and the right to extend the cuts and fills for grading into and on said land along and outside of -2- said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down ~ar away all trees and brush on said easement area, and ~r side of said easement area, which now or hereaftl in the Dinion of the City may be a hazard to said area, may ~re with the exercise of the City's rights in damage any said by the their :ity shall indemnify the Owner against and shall be caused by the negligent exe of or egress, construction, or use its agents or employees in the of The Owner for purposes whi enjoyment of its Owner shall not other structures; well; or construct said easement area; ground cover upon said ~serves will ghts hereby granted; or construct any nt any trees, dril reservoirs or or msement are~ a right to use said area not interfere with City's full that the lg, fence or or operate any obstructions on .y add to the The Owner lawfully seized and scribed, and that it or any part thereof. has w~ the City that it is of real estate above de- lawful right to convey it Nothing in this Agreemei a requirement on the City t~ provements at issue herein deemed acting as the City struction and installati ties agree that the obl improvement(s) herein specifications, and Subdivider until ceptance by the Nor agent of said to be in obligation shall by the as provided by law. be construed to impose [1 the original public im- ~11 the Subdivider be the original con- Its. The par- the public with City on the and until ac- This the successors and all covenat the land. shall inure to the benefit and bind assigns of the respective .es hereto shall be deemed to apply to and with -3- DATED this day of , 1996. SMITH-MORELAND PROPERTIES, GENERAL PARTNERSHIP BY: John W. General Jrot FIRST NATIONAL OF IOWA CITY, BY: Sierk, President COURT APARTMENTS AN IOWA GENERAL HIP BY: Partner CITY OF IOWA CITY BY: Naomi Novick, ,or BY: Mari~n K. Karr, Clerk -4- STATE OF IOWA ) ) COUNTY ) SS: the ](dlown t is one General behalf of the be the by the on this __day of gned, a Notary Public in and for the state, ly appeared John W. Moreland, Jr., to me pers¢ o being by me duly sworn, did say that the the partners of Smith-Moreland Properties .p, and that the instrument was partnership by authority of the pa: Lcknowledged the execution of the i] act and deed of the partnersh by it executed. ,1996, before me, Iowa on ; and to and Notary in and for the State of Iowa STATE OF IOWA ) ) JOHNSON COUNTY ) On this undersigned, personally appeared who being by me duly of the corporation strument, that no seal corporation; that sai, the corporation by that Robert Sierk the foregoing the corporation, day of Notary Publi did the been was of its officer to be the it and by him , 1996, before me, the tfor the State of Iowa, me personally known, ~at he is the president .n and foregoing in- by the .gned on behalf of of Directors; and the execution of act and deed of executed. Notary Public in for the State of Iowa -5- STATE OF IOWA COUNTY On this day of , 1996, the gned, a Notary Public in and for the p 11y appeared John Roffman, to me per who by me duly sworn, did say that the of the Lrtners of Grandview Court Apartments an Iowa Partnership, and that the in signed behalf of the partnership by partners; ~nd the partner acknowledged instrument o be the voluntary act and d~ partnership it and by the partner vol me, know~, is one ership, was of the :ion of the of the .y executed. Nota Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this the undersigned, a Public said State, ~ appeared Karr, to me persona2 known, who did say that they the Mayor and tively, of said )al corporation and foregoing in~ ; that the seal the seal of sai¢ pal corporation; was signed and on behalf of said tion by autho; of City Council of said tion; and th~ the said Naomi Novick and knowledged execution of said instrument tary act a deed of said municipal them volu! arily executed. , 1996, before me, and for said County, in Novick and Marian K. by me duly sworn, Clerk, respec- the within ffixed thereto is said instrument Lcipal corpora- ~icipal corpora- n K. Karr ac- )e the volun- y it and by Notary Public in and the State of Iowa. NOTES ET PROPRIETOR: JOHN MORELAND I'-- I~)' M ]1 N 89'3.~'0,t' E N 04'1,t'~0 w 26 20' I unuw STORM SEWER EASEMENT Prepared by. Sarah E. Holecek, Asst C~ty Arty.. 410 E. Washington St. Iowa C~ty, IA 319-356-5030 RESOLUTION NO. 96-296 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PUBLIC WALKWAY-FIRELANE EASEMENT LOCATED ON LOT 79, WALDEN WOOD PART 7, AN ADDITION TO THE CITY OF IOWA CITY, IOWA WHEREAS, pursuant to the subdivision plats of Walden Wood Parts 3 and 7, the City possesses a public walkway-firelane easement over areas of Lot 79, Walden Wood Part 7; and WHEREAS, due to steep topography, the construction of a sidewalk on a portion of the easement is impractical and would result in a dangerous condition; and WHEREAS, to avoid the creation of such a dangerous condition, the City and Developer have agreed to vacate the steep portion of the easement, with the Developer installing sidewalk in an alternative location to provide continuity of access; and WHEREAS, the Developer has completed the alternative sidewalk installation; and WHEREAS, both Planning and Public Works have recommended vacation of the steep portion of the original walkway-firelane easement; and WHEREAS, it is in the public interest for title purposes to formally release the steep portion of the original walkway-firelane easement on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the steep portion of the original walkway-firelane easement on Lot 79, Walden Wood Part 7, Iowa City, Iowa. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the portion of the original walkway-firelane easement on Lot 79, Walden Wood Part 7, Iowa City, Iowa described in Exhibit "A" attached hereto and incorporated by reference herein, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached release and the attached Exhibit "A", said recording costs to be paid by the Owner of Lot 79, Walden Wood Part 7, Iowa City, Iowa. Resolution No. Page 2 96-296 Upon execution and recording of this Resolution and Release, the Owner of Lot 79, Walden Wood Part 7, Iowa City, Iowa shall hereby direct its engineer to promptly revise the mylar drawings of Walden Wood Parts 3 and 7 and Lot 79, Walden Wood Part 7, which are on file in the City Engineer's Office, to show the easement released by the City in conjunction with the execution of this Resolution. It was moved by Norton and seconded by be adopted, and upon roll call there were: Vanderhoef the Resolution AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornber~ Vande~oef Passed and approved this 22rid day of October , 1996. ATTEST: CITY' CLERK Prepared by. Sarah E. Holecek. Asst. City Arty.. 410 E. Washington St, Iowa City. IA 319-356-5030 RELEASE OF PORTION OF PUBLIC WALKWAY-FIRELANE EASEMENT The City of Iowa City, Iowa, does hereby release that portion of the property legally described as "~Valkway-firelane Easement in this area is extinguished with this plat" as designated on the Plat attached hereto as Exhibit 'W' and incorporated by this reference, from a lien or cloud upon the title placed thereon by that easement granted to the City. This entire easement, labelled as "Walkway Easement", is shown on the plat of Lot 79 of Walden Wood Part 7, Iowa City, Iowa, recorded in Book 32, Page 39 of the records of the Johnson County Recorder's Office. The portion of said easement as specifically designated for extinguishmerit in the Exhibit "A" attached hereto and incorporated herein is hereby released. The City retains all other easements shown on said final plat not released by this document Naomi J. No~ck, Mayor Attest: ./~_;_~_~.--~ ~- Marian K. K~rr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of October, 1996 before me, the undersigned, a Notary Public in,rid for said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Lot 79 Trek Boulevard MICROFILMED BY $~ INFORMATION TECHNOLOGIES · RETAK C: - 84 PLAT OF SURVEY LOT 79 ]fA],])EN ]'fOOD PART 7 IOWA CITY, IO'WA EXHIBIT "A" o o L - 207.2Y Idi~rmnn Trek (3oulevorr Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 96-297 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXI- MATELY 7.1 2 ACRES LOCATED WEST OF DUBUQUE STREET AND SOUTH OF THE IOWA RIVER. WHEREAS, the City of Iowa City (hereinafter "City") owns an approximate 7.12 acre parcel of land located west of Dubuque Street and south of the Iowa River, and; WHEREAS, the City has initiated the annexation of the 7.12 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the City of Coralville, and the East Central Iowa Council of Govern- ments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Southwest Corner of the Southeast Quarter of Section 33, Township 80 North, Range $ West of the Fifth Principal Meridian, Thence NO1°7'29"W, along the West Line of the East One-Half of said Section 33, a distance of 3094.32 feet, to a point on the Southerly Top of Bank of the Iowa River, and the Point of Beginning: Thence continuing NO1 °07'29"W, along the West Line of the East One-Half of said Section 33, 148.17 feet, to its intersection with the centerline of the Iowa River: Thence S67°54'08"E, along said centerline, 449.93 feet; Thence S74°08'56"E, along said centerline, 299.51 feet; Thence S74°30'03"E, along said centerline, 208.66 feet, to its intersection with the Westerly Right-of-Way Line of North Dubuque Street; Thence S08 °02'35"W, along said Westerly Right-of-Way Line, 220.73 feet, to an iron pin found; Thence N81°57'25"W, along said westerly Right-of-Way Line 25.32 feet; Thence S08°02'35"W, along said Westerly Right-of-Way Line, 20.00 feet; Thence N88°39'10"E, along said Westerly Right-of-Way Line 4.23 feet; Thence S49°31'28"E, along the Southerly line of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office, 45.11 feet; Thence S81°57'25"E, along said Southerly Line, 63.04 feet, to its Southeasterly Corner thereof on the former centerline of said North Dubuque Street; Thence S08°02'39"W, along said centerline, 72.78 feet; Thence Southeasterly, 116.21 feet, along said centerline on a 996.44 foot Resolution No. 96-297 Page 2 radius curve concave Northeasterly, whose 116.14 foot chord bears S04°42'11"W; Thence N74°11'O4"W, 665.17 feet; Thence N15°48'56"E, 300.00 feet; Thence N67°54'08"W, along said Top of Bank, 394.85 feet; Thence N61 °43'01"W, along said Top of Bank 1.82 feet, to the Point of Beginning. Said tract of land contains 7.12 acres, more or less, and is subject to easements and restrictions of record. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1995). Further, tl~e City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population bein§ zero. Passed and approved this 2_.?..nd day of October ,1996. ATTEST: ~~ CITY CLERK It was moved by Vanderhoef and seconded by Thornberry adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St.. Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 96-298 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF MEADOW VIEW SUBDIVISION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the extraterritorial preliminary plat of Meadow View Subdivision; 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 View Subdivision, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. 22nd day of October , 1996. Passed and approved this ATTEST: ,,~.~ _~ CITY CLERK MAYOR Resolution No. 96-298 Page 2 It was moved by Nort, on and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X, Baker Kubby Lehman Norton Novick Thornberry Vanderhoef October 22, 1996 CITY OF I0 WA CITY Mr. Don Sehr, Chair Johnson County Board of Supervisors 913 S. Dubuque St. Iowa City, IA §2240 Re: SUB96-0016. Meadow View Subdivision. Dear Don and Members of the Board: An application has been submitted by Oakes Construction, Inc., for preliminary plat approval of Meadow View Subdivision, a 32.4 acre, 10-1ot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1. The Iowa City City Council approved the preliminary plat at its October 22 meeting. However, the Iowa City Planning and Zoning Commission has raised traffic safety concerns about the existing configuration of the Highway 1/Buchmayer Bend intersection. Buchmayer Bend currently intersects Highway 1 at a very sharp angle and along a slope in the highway, creating visibility problems for motorists entering Highway 1. The Commission recommends that the County consider the need to improve this intersection as residential growth occurs in this area. The revised Fringe Area Agreement that has recently been adopted by both the Council and the Board of Supervisors allows for further residential development of agricultural properties located along Buchmayer Bend. As this growth occurs and vehicular traffic to and from Buchmayer Bend increases, the safety problems associated with this intersection will also increase. At some point there will be a need to reconfigure this intersection. The County should consider having each developer contribute toward these improvements as property develops along Buchmayer Bend. The Council concurs with the Commission and respectfully recommends that the Board take into consideration the need to improve the Highway 1/Buchmayer Bend intersection and require that developers contribute their fair share of the cost of the improvements. Sincerely, Naomi J. Novick Mayor \shared\pcd\buchm ayr.let PHONE (319) 3.~6-$000 FAX(319} 356-5009 August 27, IOWA CITY Mr. Don Sehr, Johnson County 91 3 S. Dubuque St Iowa City, IA of Supervisors Re: SUB96-0016. View Subdivision. Dear Mr. Sehr: An application has been of the extraterritorial plat subdivision located on the The Iowa City City Council a However, the Iowa City about the existing config Bend currently intersects Hi creating visibility problems for that the County residential growth occurs in this by Oakes Const~ Meadow View S, of Buchma roved the prel and Zonin, the Inc., for preliminary plat approval a 32.4 acre, 10-lot residential Bend at its intersection with Highway 1. flat at its August 27, 1996, meeting. has raised traffic safety concerns /Buchmayer Bend intersection. Buchmayer p angle and along a slope in the highway, Highway 1. The Commission recommends at this time the need to improve this intersection as The revised Fringe Area Agreem the Board of Supervisors allow,, located along Buchmayer Buchmayer Bend increases increase. It is likely that The County should consi, property develops as recently been adopted by both the Council and pment of agricultural properties As this safety point there ,g each develc ~,er Bend. occurs and vehicular traffic to and from associated with this intersection will also be a need to reconfigure this intersection. r contribute toward these improvements as The Council into consideration require that dev~ and res need to improve the Hi contribute their fair share of recommends that the Board take /~uchmayer Bend intersection and of the improvements. Sincerely, Naomi Novick Mayo 410 EAST WASHINGTON $'[R][ET · IOWA CITY. IOWA 52240-1826 · (319) 3~6-5000 · FAX (319) 356-5009 STAFF REPORT To: Planning & Zoning Commission Item: $UB96-0013, Meadow View Subdivision GENERAL INFORMATION: Applicant: Contact parson: 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: Prepared by: Scott Kugler Date: August 1, 1996 Oakes Construction RR 2 Iowa City, IA 52240 Phone: 338-1 144 MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval To create a 10-lot residential subdivi- sion West side of Buchmayer Bend at its intersection with Highway 1 32.4 acres RS, undeveloped North: A1, Agriculture; East: A1, Agriculture and RS-3, Residential; South: A1, Agriculture and RS, Resi- dential; West: A1,Agricultureand one single- family home. The Fringe Area Agreement discourages residential development on properties within Area 4, west of Highway 1. City Code Chapter 14-7, Land Subdivi- sions. July 23, 1996 September 6, 1996 SPECIAL INFORMATION: Public utilities: City sewer and water are not available to this area. All lots are to have indi- vidual septic systems and will share a common well. Public services: Police protection will be provided by Johnson County, and fire protection by Solon. Transportation: No regular public transit routes serve this area. Physical characteristics: The property contains a wooded ravine running north-south through the center of the property, and farmed land to the east and west of the ravine. Sensitive Areas Ordinance: The Sensitive Areas Ordinance does not apply to property located outside the corporate limits. BACKGROUND INFORMATION: The applicant, Oakes Construction, is requesting preliminary plat approval of Meadow View Subdivision, a 32.4 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1. This property was rezoned by the County from A1, Agricultural, to RS, Suburban Residential, in 1991 despite its inconsistency with the Fringe Area Agreement and the City's recommendation of denial. Although a preliminary plat was filed in 1991, it was deferred and development of the property has been delayed pending the negotiation of a revised Fringe Area Agreement. A revised agreement has not yet been adopted, but has been recommended by the Commission and is pending before the City Council. ANALYSIS: The 1991 preliminary plat for a seven-lot subdivision on this property was reftled in May of 1996. At that time, staff identified a number of inconsistencies between the plat and the existing Fringe Area Agreement and the Johnson County North Corridor Development Plan, and recommended that the plat be redesigned.to be more consistent with these adopted plans. The applicant has now submitted a plat containing ten lots, but that is more consistent with the concepts and objectives of these plans, including smaller lots somewhat clustered away from the wooded ravine, and the provision of an outlot encompassing most of the wooded ravine to serve as common open space. The revised plat also appears to conform to the policies of the revised Fringe Area Agreement being proposed. Compliance with the Subdivision Regulations: Although staff sees the revised plat as an improvement over the previously submitted plat, a number of deficiencies have been identified. If these deficiencies can be resolved satisfactorily before the August 1 meeting, staff recommends that the plat be approved. If the deficiencies are not resolved, the plat should be deferred to the August 15 meeting. A grading plan will also have to be approved prior to Council consideration of the plat due to the presence of slopes over 25 percent and a stream on the property. The previous plat included two flag lots with narrow frontage on Buchmayer Bend leading back to large lots on the west side of the ravine. Staff's recommendation for denial at that time was based partially on the design of these two lots. The revised plat includes a private street leading back to a total of four lots located west of the ravine, all of which have adequate frontage on the private street. Staff feels this is an improvement over the previous design, Outlot B on the plat includes a 10 foot wide strip of property located along the north edge of the proposed roadway leading to lots 7, 8, 9 and 10. This strip would preclude the extension of the street system to serve the property to the north. Staff recommends an easement or stub street be required to allow interconnection between this property and any resider~ti¢l development that may occur on the property to the north in the future. Compliance with the Fringe Area Agreement for Fringe Area 4: The policies of the Fringe Area Agreement for Fringe Area 4 have already been violated with the rezoning of this property to RS in 1991. The Area 4 policy, which has been amended (relaxed) twice since the adoption of the current agreement, limits residential development to property east of Highway 1 meeting certain conditions, and calls for continued agricultural use on properties to the west of Highway 1. For property that does qualify for residential development, density is limited to one dwelling unit per three acres and clustering of dwelling units is recommended to allow land for recreation, common open space, conservation of farmland, and preservation of natural areas. Although the subject property does not meet the requirements of the Fringe Area 4 policy for limited residential development due to its location west of Highway 1, the proposed plat does conform with the rest of the policies of Area 4 for residential development. The revised Fringe Area Agreement that is currently being considered encourages densities of one lot per three acres, and for RS zoning requires that at least 50 percent of the subdivision be set aside as open space or for agriculture. The revised plat meets these provisions. Compliance with the 1996 Johnson County North Corridor Development Plan: The recently adopted North Corridor Plan contains a number of policy goals and objectives to help guide development in the North Corridor. Two of these goals deal directly with preserving and protecting natural areas and environmental resources, and clustering of residential development is suggested as a means to preserve open space. Also mentioned are encouraging growth to be sensitive to surrounding areas, ensuring the least disturbance to natural features and areas, reducing the destruction of natural habitats, and encouraging wildlife preservation. The revised subdivision plat is an improvement over the previous plat in that much of the wooded ravine will be reserved as common open space. Buchmayer Bend/Highway 1 Intersection Improvement: Buchmayer Bend currently serves as access for a few residential properties and farm land. Allowing the conversion of the farm land for residential use will result in a significant increase in traffic making use of this intersection in the future. Buchmayer Bend intersects Highway 1 at a sharp angle rather than at or near 90 degrees. This, combined with its location along a hill on Highway 1, makes visibility difficult for anyone turning out onto Highway 1 from Buchmayer Bend. Johnson County has the authority to require that the applicant contribute to the cost of the improvement of this intersection as a condition of the approval of this plat. Staff recommends that the realignment of this intersection occur at this time. Not addressing it now at the front end of the development of property along Buchmayer Bend will likely result in safety problems as additional residential development occurs. STAFF RECOMMENDATION: Staff recommends that SUB96o0013, a request for preliminary plat approval of Meadow View Subdivision, a 32.4 acre, 10.lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1, be deferred pending resolution of the deficiencies listed below. Upon resolution of these items, staff recommends that this preliminary plat be approved. Staff further recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending that if any residential development is to occur along Buchmayer Bend at this time, measures be taken to address the traffic safety problems associated with the alignment of the intersection of Highway 1 and Buchmayer Bend. DEFICIENCIES AN[:) DISCREPANCIES.: 1. The subdivision name should be Meadow "View," not "Ridge." (Title and location map.) 2. The purpose of the outlots should be labelled. 3. Street grades, a street name, and a street cross section are required. Also, the street should be shown within the right of way, and a culvert should be shown under the street between Lots 6 and 7. 4. Existing utilities along Buchmayer Bend should be shown, as well as the location and size of the watermain. 5. An easement or some provision for access to the property to the north should be provided across the 10' wide strip of outlot. Also, it should be clarified that the property to the west can have access to the proposed street. 6. The subdivider's mailing address should be updated. Also, the OWNERS/SUBDIVIDERS label should be OWNER/SUBDIVIDER. 7. A Grading and Erosion Control Plan is required, and preliminary storm wate[ detention calculations must be revised and submitted. ATTACHMENTS: 1. Location Map. Preliminary Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION HAP · , SUBC)6-0013 PIE,&DOW VIEW SUBDIVISION 11117'11- i/il ! II FOLLOWING IS BEST DOCUMENT AVAILABLE '"~--"'Preliminary Plat .,~-r.~Meadow Ridge S, ubdivision ' ....Johnson Uount Iowa LEGEND AND NOTES !~.iT !~m~ai't~ BY: O~f]au~~ Mlffi COi~11LTAW~ ~C. OA]~EI COH~ffiUCTIUN CO. liARiON 18'17 SOUlIt GElYil~r ST. all iP2 ~10 Iffil'i ~ ~V& 88F,40 iOWA gllY, Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF A RESUBDIVlSION OF LOTS 5 AND 6, JACOB RICORD'S SUBDIVlS10N, IOWA CITY, IOWA. WHEREAS, the owner, Prospect Hill L.C., c/o Bruce Glasgow, filed with the City Clerk the preliminary and final plat of a resubdivision of Lots 5 and 6, Jacob Ricord's Subdivision, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the ~ollowing-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of Lot ,5, in Jacob Ricord's Subdivision of the Northeast Quarter of the Southwest Quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian, according to the Plat thereof recorded in Deed Book 15, at Page 146, of the records of the Johnson County Recorder's Office, and also the Plat recorded in Plat Book 16, at Page 34, of the records of the Johnson County Recorder's Office; Thence SOO°07'16"W, along the Easterly Line of said Lot 5, a distance of 150.00 feet; Thence N90°O0'00"W, 100.00 feet, along the South Line of Auditor's Parcel "A", in accordance with the Plat of Survey recorded in Book 31, at Page 226, of the records of the Johnson County Recorder's Office, to the Southwest Corner of said Auditor's Parcel "A", which point is the Point of Beginning; Thence continuing N90°00'00"W, a distance of 423.65 feet, to a point on the South Line of Lot 6, said Jacob Ricord's Subdivision; Thence NO1°20'20"E, 130.04 feet, to the Southerly Right-of-Way Line of Dodge Street Court; Thence S90°OO'OO"E, along said Southerly Right-of-Way Line 420.34 feet; Thence SOO°07'06"E, 130.00 feet, to the Southwest Corner of said Auditor's Parcel "A", and the Point of Beginning. Said tract of land contains 1.26 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. Page 2 WHEREAS, said preliminary and 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 preliminary and final plat and subdivision located on the above*described real estate be and the same are hereby approved. The City accepts the dedication of the right-of-way and easements as provided by law and specifically sets aside portions of the dedicated land, namely right-of-way, 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 preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plats at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ., 1996. ATTEST: CITY CLERK MAYOR ~ City_~t°rneyZs"u[~lce/O-/,~-?~ It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: ppdadmin',jacob.~e$ the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB96-0022. Jacob Ricord's Resubdivision GENERAL iNFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: Prepared by: John Yapp Date: September 19, 1996 Prospect Hill L.C. Bruce Glasgow 834 N. Johnson St. Iowa City, IA 52240 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat approval of a resubdivision of Lots 5 and 6 of Jacob Ricord's Subdivision. To create a six-lot subdivision. South of North Dodge Court, east of Dodge Street. 1.26 acres. Vacant; RS-8 North - South - East - West - Undeveloped, Commercial; RS-8, C1-1 Residential; RS-8 Residential; RS-8 Residential, Commercial; RM- 12, CC-2 Residential 2-8 dwelling units per acre Subdivision Regulations, Zoning Chap- ter, Sensitive Areas Ordinance August 29, 1996 October 14, 1996 (preliminary and final plat) 2 60-day limitation period: October 29, 1996 (final plat) SPECIAL INFORMATION: Public utilities: Utilities, including water and sanitary sewer already exist on site. Public services: Sanitation service as well as Police and Fire protection will be provided by the City. Transportation: Vehicular access to North Dodge Court is available from North Dodge Street. The North Dodge route of Iowa City Transit has a stop at the North Dodge Hy-Vee, across North Dodge from North Dodge Court. Physical characteristics: Wooded land with a 5% to 10% slope, sloping away from North Dodge Court. Sensitive Areas Ordinance: BACKGROUND INFORMATION: Although the property is wooded, be- cause it is less than 2 acres in size it is not considered a woodland. Many of the clusters of trees, however, are considered to be groves according to the Sensitive Areas Ordinance. Bruce Glasgow, on behalf of Prospect Hills L.C., requests preliminary and final plat approval for a 1.26 acre, six lot resubdivision of a portion of Lots 5 and 6, Jacob Ricord's Subdivision, located south of North Dodge Court. A concept plan for this subdivision was originally submitted in October 1993, and again in October 1995. At those times, concerns were raised that 1)the North Dodge Court right-of-way of 35 to 40 feet may be inadequate for additional development, 2) the chipseal surface and width of North Dodge Court may need to be upgraded in the future, 3) additional development along North Dodge Court may eventually require a realignment of the Conkiln Lane/Dodge Street/North Dodge Court intersection, and 4) retaining as many trees as possible should be a priority. ANALYSIS: The proposed plats have been reviewed for compliance with the City's subdivision regulations, zoning regulations and Sensitive Areas Ordinance. However, the Public Works Department has not completed its review. If this review reveals deficiencies and discrepancies, they will need to be corrected prior to plat approval. Street Access. The proposed plat would result in six lots large enough for duplex develop- ment on a right-of-way of 35 to 40 feet with a fairly narrow pavement of approximately 16 feet. Because of the width of the street, this is not an ideal situation. However, Dodge Street 3 Court is a public street and the applicant does have the right to use it for access to this subdivision. The potential for further development along North Dodge Court, the narrow right* of-way, and the unusual geometry of the Conklin/Dodge/N. Dodge Court intersection necessitate the need for 5 feet of right-of-way to be dedicated to the City, a provision in the subdivider's agreement that the street will be restored if it is damaged during construction, and a notice to future lot owners that they may be assessed for street improvements in the future. The applicant is dedicating 5 feet of right-of-way along the southern edge of North Dodge Court, and the same will be asked of the property to the north of North Dodge Court if and when it develops. If future development occurs in the area, North Dodge Court may need to be upgraded to a standard 28 foot wide pavement and the intersection with Dodge Street may need to be realigned. The legal papers specify that sidewalks will be constructed within one year of approval of the final plat. Compliance with the Sensitive Areas Ordinance. The Sensitive Areas Ordinance requires that "...subdivision plats for any property containing a grove of trees shall illustrate the grove on the plan or plat prior to commencement of any development activity, and will take measures to protect and retain as much of the grove as is practical." Although the applicant does a good job showing the location of each tree on the preliminary plat, trees to be retained should be labeled such, and the tree protection methods for those trees need to be shown on a plan prior to development activity. Although many of the trees will need to be removed to allow construction, it may be possible to retain some of the trees at the rear of the lots. Neighborhood Open Space Ordinance. Due to the modest size of the subdivision and the close location of Hickory Hill Park, staff recommends that a Neighborhood Open Space fee be required in lieu of the dedication of land for open space. The fee shall be equal to the fair market value of the .046 acres that otherwise would have been required for dedication, and shall be paid in full by the subdivider prior to the issuance of the first building permit. STAFF RECOMMENDATION: Staff recommends that SUB96-0022, a request for preliminary and final plat approval of e resubdivision of a portion of Lots 5 and 6, Jacob Ricord's Subdivision a 1,26 acre, 6-lot residential subdivision, be approved, subject to approval of construction drawings, review and approval of the plats by the Public Works Department, deficiencies 1-2 being addressed in the legal papers and the legal papers being approved, and deficiency 3 being addressed prior to issuance of a building permit. DEFICIENCIES AND DISCREPANCIES: A provision needs to be made within the subdivideds agreement that North Dodge Court will be restored to its condition prior to development if it is substantially damaged during construction. There needs to be a recording of a notice that will notify future lot owners that they could be subject to an assessment for improvement of North Dodge Court in the future. A plan needs to be submitted which shows how trees to be retained are to be protected during construction, prior to the issuance of a building permit. 4 ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. 3. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development L©CAT~ON F~AI~ SUI~C~ 6-00~2 \ I SlTE~ LOCATION !L /I ?/ I/11!-ii FOLLOWING IS BEST DOCUMENT AVAILABLE r~ ~OCATION NAP NOT TO SCAEg Preliminary Plat Resubudivision of a Portion of Lots 5 and 6, dacob Ricords Subdivision Iowa City, iowa _jP_~AT P~P_gREI) BY p~NgRS/SUBDIVll)j~RS MMS CONSULTA~ INC PROSPECT HI~ LC 1917 SOUTH G[~BRT ST c/o' BRUCE G~GOW IOWA C~Y, IOWA 52240 834 N. JOHNSON IOWA CITY, IA OWNERS ATTORNEY JOHN D CRUISE 9:~0 S DUBUQUE ST IOWA CITY. IA k..ok 11/1111_7171 FOLLOWING IS BEST DOCUMENT AVAILABLE LEGEND AND NOTE~ F FINAL PLAT Resub Por. LoL 5 and 6 Jacob Rieord's Subdivision IOWA CITY, IOWA .PLAT PREPARED BY ~ OWNER~/$UBDIV~LI~F,J~ MMS CONSULTANTS INC. PROSPECT HILl, LC. lg~ SOUTH CIl~ ST c/O: BRUCE C~COW iO~A CITY. [O~A, 52240 8~ N JOHNSON ~ IO~A CITY. iO~A OWNERS ATT()J~,I~ E Y JOHN D CRUISE 920 S DUBUQUE ST IOWA CITY, IA [' I Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (31 9) 356-5240 RESOLUTION NO. 96-299 RESOLUTION APPROVING FINAL PLAT OF MEADOW RIDGE, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, R. D. Phipps, filed with the City Clerk the final plat of Meadow Ridge, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner of Lot 16, Meadow Ridge Subdivision, Iowa City, Iowa, as recorded in Plat Book 15, at page 36, of the records of the Johnson County Recorder's Office; Thence S03 o 28'22"E, 241.53 feet; Thence S87 °30'43"W, 192.00 feet; Thence S05°18'44"W, 101.94 feet; Thence N46°58'34"W, 138.85 feet; Thence N30°09'29"W, 256.08 feet; Thence N56°35'OO"E, along the Southerly right- of-way Line of Meadow Ridge Lane, a distance of 95.66 feet, to a point on the South Line of said Lot 16, Meadow Ridge Subdivision; Thence S86°56'17"E, along said South Line, 337.23 feet, to the Point of Beginning. Said parcel of land contains 2.29 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 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. 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. Resolution NO. Page 2 96-299 o The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 22nd day of October , 1996. ATTES!: CiT~LERK It was moved by Norton and seconded by adopted, and upon roll call there were: lehman AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB96-0021. Meadow Ridge, Part 2 Prepared by: Robert Miklo Date: September 19, 1996 GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Richard D. Phipps 321 Kirkwood Ave. Iowa City, IA 52240 Rob Phipps Phone: 351-6832 Final plat approval To allow subdivision for four duplex or single-family lots. East side of Dubuque Street south of Meadow Ridge Lane. 2.29 acres Single-family house, RS-12 North - South - East - West - RS-5, Residential RS-5, Residential and Reli- gious Institution RS-5 and RS-12, Residential RS-5, Residential Residential; 2-8 dwelling units per acre. Subdivision Regulations; Sensitive Areas Ordinance; Grading and Erosion Control Ordinance August 29, 1996 October 14, 1996 October 28, 1996 Municipal sewer and water services are available to serve the property. 2 Public services: Municipal refuse and recycling collec- tion will be provided by the City. Fire and police protection will be provided by the City. Transportation: Access to the property is via a frontage road which runs parallel to Dubuque Street. The nearest transit service is available at Dubuque Street and Foster Road by the Manville Heights route. Physical characteristics: This property contains a relatively level plateau adjacent to Dubuque Street. Slopes of approximately 34% to 40% are located along the eastern third of the property. The property contains an existing single-family house and accessory buildings. Sensitive Areas Ordinance: A Sensitive Areas Development Plan and overlay rezoning are required due to the presence of critical and protected slopes on the property. BACKGROUND INFORMATION: The City Council approved the preliminary plat and Sensitive Areas Development plan for Meadow Ridge Part 2 on August 27, 1996. The applicant is now seeking final plat approval. ANALYSIS: The plat as submitted is in general compliance with the approved preliminary plat and the subdivision regulations. The final plat includes a conservation easement on the eastern portions of Lot 19 and 20. This conservation easement covers the critical and protected slopes on the property. The final plat also includes the dedication of additional right-of-way to allow for the eventual reconstruction of Foster Road in this area. Legal papers have not yet been submitted. The legal papers should address the construction of the sidewalk required on Dubuque Street and should specify that the sidewalk will be built on Lot 20, which currently has an existing residence, prior to the issuance of a building permit for any of the other lots within the subdivision. The legal papers should also indicate fees in lieu of 6300 square feet of open space will be paid. The fee amount needs to be determined based on the value of the property and must be paid prior to the issuance of a building permit. Specifications for the conservation easement should be submitted with the legal papers. The conservation easement should specify that grading and clearing will be limited to the area required for the reconstruction of Foster Road. The Public Works Department has not completed the review of the final plat. If any deficiencies or discrepancies are discovered during that review, they will need to be corrected. 3 STAFF RECOMMENDATION: Staff recommends that the final plat for Meadow Ridge, Part II, a 2.29 acre, 4-lot residential subdivision located on the east side of Dubuque Street, south at Meadow Ridge Lane, be approved subject to approval of legal papers and construction plans and final plat by the Public Works Department and the City Attorney's Office, prior to City Council consideration of the final plat. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: ~K~ri~ Franklin, Director Department of Planning and Community Development LOCATION HAP SUB96-00;~ I MEADOW RODGE, Part TWO v ~ SITE LOCATION I _E CITY PARK ~111..I:~ I '- TERRELL MILL PARK LEGEND 0 AND NOTES Final Plat Meadow Ridge, Part Iowa Cl- y, Iowa Two City of Io~a City [.-, 8-2S-96 0254006 · D~ROR OF ~OSURE IS LESS 'DIAN I FOOT IN 20,0~] FEET 2O I certify that dud~ the moelh of August. 1995. ~t De d~ect,on of Richard Ph~pps. o s~.vey ~ mode und~ my =upe,'~ of o Po~t;c~ ,of the Southe=fi Ouerter of the N~'thumst Ouorte' of Secfi~ 5. Toer~sh;p 79 N~'th. R~ge 6 Be~;nmng at the S~Jtheast C~rn~ o! Lot 16. tie,doe Ridge ~b~f~. Iaea City. [oeo. ~ r~d~ ~ P~t 8o~ I~, at page ~. of the r~?~S of the ~n~on C~nty R~der's Office; ~ce ~8'22'E. 241.55 f~t; ~ce ~'4~. 192.~ f~t; ~ ~95'~. 10194 f~t ~ce N~'~. 1~.85 f~ ~ N~'~"W, 2~.0B f~t; ~ce N~'~'E, d~g the Sourly r~t-of-w~y Lbe of ~ R~ L~e. o dlslcnce ol ~.~ f~t to o ~olnt ~ ~e ~uth Line of ~W Lot I~. M~doe Ridge ~;~; ~'17[. ~l~g so;d ~uth Line, 357.25 f~t. to the Po~t of ~d ~rc~ of Iond c~to~ns 2.29 ocr~. more or less ond i~ ~b~t to I h~eby cedify that this olot pr~pcred by me or under my dk'ect personel Gen D. ~e;~e~ PE. & US. IA Re;, NO IJy B,e~n:ol R~strct;on e~p;r~ Oece~ber 31, lgg7. ,Igg6 Notc~y PubiC,. in & t~ the State of Io~o. 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: City Attorney's Office the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUT~O. AUTHO.~Z~"6 CO.VEYA.CE BY SALE A.D~OR LEASE Or ////~/'~ LA.D ADJACE.~ TO ~.E ELKS ~O~F ~.D COU.T.¥ CLUB. WHEREAS, the City Council has considered a "letter of understanding" between the City of Iowa City and the Elks Golf and Country Club ("Elks") regarding the improvement of Foster Road and the development of the new Water Treatment Plant; and WHEREAS, said agreement is in the public interest, and contemplates that certain land will be conveyed to the Elks, and that the Elks in turn will convey certain easements to the City for a sanitary sewer and water main, together with a permanent well access road/recreational trail easement; WHEREAS, on Se'ptember 10, 1996, a public hearing was held on the proposed conveyance and lease before the City Council and the City Council on August 27, 1996 adopted a Resolution declaring its intent to convey and lease said property; and WHEREAS, following public hearing on the proposed conveyance and lease, the City Counci! finds that the conveyance and lease 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 the documents necessary to carry out the intent of the letter of understanding. The City Attorney is hereby authorized to carry out all actions necessary to consummate the conveyance and lease, as required by law. Passed and approved this day of , 1996. ATTEST: CITY CLERK M~YOR vd y' City Attorney's Office Prepared by: Rob Winstead, Sr. Engineer, City of Iowa City, 410 E. Washington St.. Iowa City IA 52240 (319) 356-5145 RESOLUTION NO. 96-300 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE. WHEREAS, the City of Iowa City has undertaken a project known as the First Avenue Improvements Project, Bradford Drive to Muscatine Avenue ("Project"); and WHEREAS, the Project includes widening of First Avenue to three lanes including sidewalk installation and storm sewer improvements from First Avenue to Ralston Creek; and WHEREAS, the City Council has been advised and has determined that the acquisition of right- of-way, permanent easements, and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary right-of-way acquisitions, permanent easements, and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said right-of-way, permanent easements, and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to acquire right-of-way, permanent easements, andtemporary construction easements for the construction of the improvements included in the Project, and acquisition of said right-of-way, permanent easements, and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of right-of-way, permanent easements, and temporary construction easements for the construction of the improvements included in the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute right-of-way, permanent easements, and temporary construction easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 96-300 Page 2 In the event right-of-way· permanent easements, and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such right-of- way, permanent easements, and temporary construction easements. Passed and approved this 22nd day of October · 1996 ATTEST: ~ CITY-CLERK City Attorney's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Linda Woito. City Attorney: 410 East Washington Street; iowa City, IA 52240; (3191 356-5030 RESOLUTION NO. 96-301 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, on November 9, 1989, and January 24, 1990, West Side Company filed actions in the Iowa District Court in and for Johnson County alleging an unconstitutional taking with regard to the Airport Zoning Ordinance; and WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated a settlement agreement, which both parties feel is in the public interest; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Plaintiff West Side Company in the amount of $5,000.00 in full satisfaction of the pending lawsuits against the City in the above c~ses and in consideration for Plaintiff's full release and dismissal of both lawsuits, Docket Nos. ,52521 and 5264,6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: The above-named actions should be and are settled for the sum of $5,000.00, payable to West Side Company and William L. Meardon, its attorney of record, in full satisfaction of the pending lawsuits, Docket Nos. 52621 and 52645. The City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City. The settlement is hereby ratified, contingent, however, upon Plaintiff West Side Company's filing of a dismissal with prejudice in both above-noted cases, and also contingent on plaintiff's execution of an appropriate Release and Satisfaction of Judgment, which shall be filed with the Clerk of Court for Johnson County District Court in each of the above actions. Passed and approved this 22nd day of October , 1996. · Approved by Cffy Attorney s Office Inw\westsJde.res ATTEST: ClOT~ CLERK Reso{ution No. 96-301 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Baker AYES: NAYS: ABSENT: X X X X X X. X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef