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HomeMy WebLinkAbout1995-02-28 Resolution RESOLUTION NO. 95-33 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO . ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR WILLOW CREEK SUBDIVISION WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Hodge Development Company, an Iowa Corporation, formerly known as Hodge Construction Company, (hereinafter "Subdivider") entered into a Subdivider's Agreement and Stormwater Management Easement Agreement for Willow Creek Subdivision, Iowa City, Iowa, both dated June 9, 1992 and recorded in the Johnson County Recorder's Office on June 26; 1992, in Book 1393, Page 176 et. seq.; and WHEREAS, the Subdivider's Agreement and Stormwater Management Easement Agreement for Willow Creek Subdivision obligate Subdivider to construct a stormwater management facility; and WH EREAS, the City does not ordinarily release a subdivider from the construction requirements relating to a stormwater management facility until the City Engineer certifies that the facility is completed; permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; and substantially all lots within the tributary area in the subdivision have been developed; and WHEREAS, in the interim, a lien remains on Willow Creek Subdivision with a cloud on the titles to all the lots in the subdivision; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to Willow Creek Subdivision, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the Subdivider's Agreement and Stormwater Management Easement Agreement will continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Partial Release Agreement for Willow Creek Subdivision in order to protect local property values. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. 3. The Mayor is h~reby authorized to execute and the City Clerk to attest the Partial Release Agreement, a copy of which is attached hereto. Subdivider shall record this agreement in the Johnson County Recorder's Office at their cost. Upon certification from the City Engineer that construction'of the stormwater management facility has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the subdivision have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Pigott and seconded by be adopted, and upon roll call there were: Novick the Resolution AYES: NAYS: ABSENT: X X Passed and approved this 28th day of February Baker Horowitz Kubby Lehman Novick Pigott Throgmorton , 1995. A'FFEST: ~P_.,~4~ CITY CLERK LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of lowa City, Iowa, a municipal corporation ("City"), and Hodge De- velopment Company, an Iowa corporation, formerly known as Hodge Construction Company ("Subdivider"). In consideration of the mutual promises provided herein, the parties hereto agree as follows: 1. The parties acknowledge that by reason of a Subdi- vider's Agreement and Storm Water Management Easement Agreement for Willow Creek Subdivision, Iowa City, Iowa, both of which are dated June 9, 1992 and filed for record in the Johnson County Re- corder's office on June 26, 1992, in Book 1393, Page 176 et. seq., the Subdivider is obligated to construct a storm water management facility ("Facility") as required by the City and as a benefit to Willow Creek Subdivision, Iowa City, Iowa ("Subdivision,,). The parties further acknowledge that this obligation is deemed a covenant running with the land, and that only one basin of the Facility is designed to serve said Subdivision. 2. The parties acknowledge that $5,000.00 has been placed in escrow with the City for all lots in the Subdivision according to the plat thereof recorded in Plat Book 32, Page 246, Records of Johnson County, Iowa. The parties further acknowledge that this escrow is being retained by the City pending completion of the Facility, as certified by the City Engineer. -2- 3. The City acknowledges that construction of the Facility herein has now been substantially completed, but that permanent groundcover is not yet established and mowable; that erosion and sedimentation are not wholly controlled; that all lots within the tributary area which is within the Subdivision are not yet devel- oped; and that final acceptance by the City of the Facility is not yet appropriate. For this reason, the Subdivider's Agreement constitutes a lien and cloud on the property described above. 4. In consideration of the City's limited release of this lien, the Subdivider agrees that the lien on any lot in the Sub- division shall be transferred to and shall immediately attach to the $5,000.00 escrow for this property, and that this lien shall remain attached to the $5,000.00 escrow until such time as perma- nent groundcover is established and mowable; erosion and sedimen- tation are controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area which is within the Subdivision have been developed. At such time, the Facility may be accepted by the City, and a general release given to the Subdivider for recordation. 5. In consideration thereof, the City does hereby release any lot in the Subdivision, Willow Creek Subdivision, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 32, Page 246, Records of Johnson County, Iowa, from any lien or cloud now placed on the title to the above properties for the purposes stated in Paragraphs 2 through 4 above. -3- 6. This Limited Release Agreement shall be deemed a cove- nant running with the land and with the title to the land, and shall inure to the benefit of and bind the parties hereto, their successors and assigns in interest until such time as the prop- erty may be released of record by the City, as provided by law. 7. This Limited Release Agreement shall in no way alter, amend or modify the Storm Water Management Easement Agreement running in favor of the City and filed of record in Book 1393, Page 176 et. seq., Records of Johnson County, Iowa. DATED this ~%~l~ day of ~a~ 1995. HODGE DEVELOPMENT COMPANY MidhaZel E. Hodge,~resident and Secretary CITY OF IOWA CITY, IOWA Mayo Marian K. Karr, city Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this q~O~# day of January, 1995, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn, did say that he is the Presi- dent and Secretary, respectively, of said corporation; that no seal has been procured by the said corporation; that said instru- ment was signed on behalf of said corporation by authority of its Board of Directors; and that the said Michael E. Hodge as such -4- officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him vol- untarily executed. State of Iowa. STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this 2~ day of 1995, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz 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 munici- pal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal cor- poration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Susan M. Horowitz and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa. Q: \jc\jcl\21b2835.doc C ty of Iowa City MEMORANDUM Date: To: From: Re: February 23, 1995 Marian K. Karr, City Clerk Sarah E. Holecek, Assistant City Attorney ~ Willow Creek Subdivision Partial Release Agreements Attached please find two executed originals of the Partial Release Agreements between the City of Iowa City and Hodge Development Company for a partial release of the developers' obligations under the Subdivider's Agreement and Stormwater Management Facility Easement Agreement. Upon approval of the applicable Resolution by the Council, please proceed with the City's execution of the attached Documents. When this is complete, please record a certified copy of the Resolution approving the release agreement with the original executed documents and send the bill for recording fees to Attorney John Cruise with appropriate copies of the recorded, returned documents. His address is: Barker, Cruise, Kennedy and Houghton P.O. Box 2000 Iowa City, Iowa 52244 In addition, please route xerox copies of the recorded, returned documents to the departments as usual. I have retained a copy of the above-referenced documents for my files. Thank you for your assistance, and please let me know if you have any questions regarding this matter. Attachments cc (without attachments): Denny Gannon Doug Boothroy John D. Cruise LIMITED RELEASE AGREEMENT THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation ("City,,), and Hodge De- velopment Company, an Iowa corporation, formerly known as Hodge Construction Company (,,Subdivider,,) . In consideration of the mutual promises provi/ed herein, the parties hereto igree as follows: / . 1. The pa~ies acknowledge that by reaCn of a Subdl- viderls Agreeme.nt~nd Stol-m Water Management/Easement Agreement for Willow Creek Sunivision, Iowa City, ~wa, both of which are dated June 9,. 1992 a%flled for record/n the Johnson County Re- corder,s offlc~ ~n Ju.ne~6,.1992, in~ok 1393, Page 176 et. seq., the Subdivider is O~llgated t~ construct a storm water / management facility ( ty") .~ required by the City and as a benefit to Willow Creek SubdJ ,ig~on, Iowa City, Iowa ("Subdivision,,). The parties. lrther acknowledge that this obligation is deemed a covenant only one basin of the Facility is Subdivision. ~nning with the land, and that to serve said in escrow with the C/~ty for all lots in to the plat thereo~ recorded in Plat Book of Johnson County,;/ Iowa. The parties furl this escrow is )/eing retained by the City pending~q?mpletion of the Facility, ~'s certified by the City Engineer. The parties ~cknowledge ~5,000.00 has been placed e Subdivision according Page 246, Records =knowledge that -2- 3. The City acknowledges that construction of the Facility herein has now been substantially completed, but that permanent groundcover is not yet established and mowable; that erosion and sedimentation are not wholly controlled; that all lots within the tributary area w?ich is w~thin the Subdivisionire not yet devel- oped; and that ~lnal acceptance by the City o~the Facility is not Y~t appropriate. For t~.~s reason, the~ubdivider's Agreement const ltutes a lie? and cloud ~n the prop~ty described above. . 4. In consideration of ~he City/s limited release of this lie?, the Subdivider agrees that t~lien on any lot in the Sub- division shall be transferred ~d shall immediately attach to the $5,000.00 escrow for this remain attached to the $5,00~ neat groundcover is establJ al tation are controlled; al in the substantially all lots 2thin the the Subdivision have developed may be accepted by ~e City, and a g / Subdivider for recordation. ! and that this lien shall ~scrow until such time as perma- mowable; erosion and sedimen- opinion of the City Engineer, ~ibutary area which is within At such time, the Facility ~eral release given to the 5. In consideration thereof, the~ity does hereby release any ~ot in the S,~bdlvlslon, ~111ow Creek ~bdlvlsion, Iowa City, Johnson County, Iowa, accordlag to the plat~hereof recorded i~ Book 32, Page 246, Records of Johnson County,~owa, from any lien or cloud now placed on the title to the above p~rties for the purposes stated in ~aragraphs 2 through 4 above. --_ -3- nant running with the land and with the title to the land, shall inure to the benefit of and bind the parties hereto, successors and assigns in interest until such time as the prop- erty may be released of reco.rd by the City, as provided~y law. 7. Th~s Limited Releale Agreement shall in no/ay alter, amen? or.modify the Storm. Wa~er Ma?agement Easemen~Agree~ent running in favor of the City ~nd filed of record/In Book 1393, Page 176 et. ~eq., Records of ~hnson County,/~owa. DATED this day of Ja~ary, 11~5/ HODG~ DEV?.LOPMENT COMPANY M/~ h~ec 1_ E. Hodge, ~resident C,~TY OF I~A CITY, IOWA BY: ~. ~ Susan M. ~rowitz, Mayor BY: ar~t Marian K. K y Clerk This Limited Release Agreement shall be deemed a cove- and their STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this ~ day of.January, 1995, before me,~.he undersigned, a Notary Public in and for said County, lh said State, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn, did say that he is the.Presi- dent and Secretary, respectively, of said corporation; that no seal has been procured by the said corporation; that said instru- ment was signed on behalf of said corporation by authority of its Board of Directors; and that the said Michael E. Hodge as suoh -4- officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him vol- untarily executed. ary Publl¢ an and for the State of Iowa. STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this day undersigned, a Notary State, personally to me personally known, they are the Mayor and Ci pal corporation executing that the seal affixed the potation; that said said municipal corporation municipal corporation; and Marian E. Karr acknowledged be the voluntary act and de~ and by them voluntarily January, ~lic in and Susan M. ~o being Clerk, 19~ before me, the said County, in said and Marian K. Karr, me duly sworn, did say that )ectively, of said munici- and foregoing instrument; seal of said municipal cot- signed and sealed on behalf of of City Council of said the said Susan M. Horowitz and ~e execution of said instrument to of said municipal corporation by it ~d. Q: \j c\j c1\2 lb2835. d6~ / ~ary Public in and for the State of Iowa0 RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF D AND L SUBDIVISION, IOWA CITY, IOWA, WHEREAS, the owners, John and AIlegra Dane, filed with the City Clerk the final plat of D AND L Subdivision, Iowa City, Johnson County, Io~va; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: That part of the Northwest Quarter of the Northwest Quarter, Section 21, Township 79 North, Range 6 West of the 5th PM, Iowa City, Johnson County, Iowa, described as follows: Commencing as a point of reference of the Northwest corner of the Northwest Quarter of said Section 21; thence South 89o48'37" East 492.80 feet along the North line of said Northwest Quarter (assumed bearing for this description only) to a point of intersection with the Southeasterly right-of-way line of State Highway No. 1, said point being the point of beginning; thence continuing South 89048'37" East 131.26 feet along said North line to the Northwesterly corner of Auditors Parcel C of the Plat of Survey recorded in Book 239, Page 146 at the Johnson County, Iowa, Recorder's Office; thence Southwesterly 79.18 feet along a 500.00 ft. radius curve concave Southeasterly (chord South 37025'08" West 79.10 feet) and along a Westerly line of said Parcel C to a point of tangency; thence South 20025'08" West 474.07 feet along the Westerly line of said Parcel C; thence South 69034'52" East 240.00 feet along a Southerly line of said Parcel C; thence South 20025'08" West 274.02 feet along a Westerly line of said Parcel C to the most Southerly corner of said Parcel C; thence South 71 °00'OO" West 85.38 feet; thence North 74022'00TM West 500.40 feet, to a point of intersection with the West line of said Northwest Quarter; thence North 1 °45'00" East 70.08 feet along said West line to a point of intersection with the Southeasterly right-of-way line of said Highway No. 1; thence North 37025'08" East 844.82 feet along said right-of-way line to the point of beginning. The area of this described parcel is 6.41 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 p!at 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 (1993) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the public easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating 'to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The legal documents and the plat shall be recorded at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1995. MAYOR ATTEST: CITY CLERK . It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ppdadmln[d&lsubd.ms Baker Horowitz Kubby Lehman Novick Pigott . Throgmorton STAFF REPORT To: Planning and Zoning Commission Prepared by: Charles Denney Item: SU895-0003; D & L Subdivision, Highway 1 Date: February 15, 1995 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-Day limitation period: SPECIAL INFORMATION: Public utilities: David L. Larsen P.O. Box 383 Wellman, IA 52356 (319) 646-6590 Approval of a final plat. To allow subdivision of the property. South side of State Highway 1, south and west of Menards. 6.41 acres. Undeveloped, Cl-1. North - Commercial, C1-1 East- Commercial, C1-1 South - Agriculture, County A1 West - Agriculture, County A1 Industrial Provisions of the Cl-1 zone, the Subdi- vision Ordinance, the Storm Water Reg- ulations and the Grading and Excava- tion Ordinance. January 26, 1995 March 13, 1995 March 27, 1995 Adequate wa~e~ and sewer service is available to the site. 2 Public services: Private sanitation service will need to be provided. Municipal police and fire protection will be provided. Transportation: Vehicular access is available via High- way 1 and the proposed frontage road. Transit service is not currently avail- able. the closest bus stop is located at the intersection of Sunset Street and Denbigh Drive. Physical characteristics; Level farmland. BACKGROUND INFORMATION: The applicant, David Larsen is requesting final plat approval of a four lot, commercial subdivision on the remaining 6.41 acres of the site where Menards is now located. The site was conditionally zone C1-1 in February, 1993. The proposed subdivision will need to be reviewed for compliance with the Conditional Zoning Agreement (CZA), as well as other pertinent City Codes. The Planning and Zoning Commission recommended approval of the preliminary plat, subject to approval of the preliminary stormwater calculations and Grading and Erosion Control Plan by the Public Works Department prior to City Council consideration of the plat and a note being placed on the plat stating that "Lot I may be limited in its development potential due to topography, existing easements and applicable building requirements." The applicant has satisfied both of these requirements and City Council will consider the preliminary plat on February 14, 1995. ANALYSIS: Zoning Chapter Compliance The final plat has been reviewed by staff and appears to conform with the general requirements of the C1-1, Intensive Commercial, zone. Additionally, the plat conforms with pertinent requirements of the CZA, relating to limited access to the site from Highway 1 and providing access to properties north and south of the site. Compliance with the Subdivision Requlations The proposed fin.~l plat for the D and L Subdivision appears to be in general compliance with the City's subdivision regulations. However, the legal papers must be approved by the City Attorney's Office and construction plans and design calculations must be approved by the Public Works Department prior to City Council consideration of the final plat. STAFF RECOMMENDATION.: Staff recommends that SUB95-0003, the final plat of the D & L Subdivision, be approved subject to approval of construction plans and design calculations by the Public Works Department and approval of legal papers by the City Attorney's Office. 3 ATTACHMENTS: 1, Location Map. 2, Final Plat ACCOMPANIMENT 1, Final Plat " Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Cii I1 CC2 FINAL PLAT AND L SUBDIVIS{ON iOWA CITY, 9OWA ,.% LEGE ~0 LOT Z ~07 2 RESOLUTION NO. 95-34 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ORCHARD VIEW ESTATES, JOHNSON COUNTY, IOWA. WHEREAS, the owners, William and Joan Frees, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Orchard View Estates; 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 Orchard View Estates, Johnson County, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this ?8rh .day of February 1995. A'I-rEST: CITY CLERK It was moved by Novick adopted, and upon roll call there were: and seconded by Baker __ the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdadmin~tchvlew.res STAFF REPORT TO: Planning & Zoning Commission Item: SUB95-0001. Orchard View Estates GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: Prepared by: Scott Kugler Date: February 16, 1995 William E. and Joan Frees 2672 Newport Road SE Solon, Iowa 52333 Approval of a preliminary subdivision plat. To permit development of 34 single- family lots. Within Fringe Area 4, south of Dingle- berry Road NE approximately .6 mile east of its intersection with Highway 1, Approximately 107 acres. Vacant; RS, Suburban Residential. North- AgriculturalandResidentiaI,A1 and RS; East- Agricultural, A1; South- Agricultural, A1; West- Residential, RS3. The Fringe Area 4 policy states that a limited amount of residential develop- ment will be approved east of Highway 1, Fringe Area Agreement for Fringe Area 4, as amended; City Code Chapter 7, Land Subdivisions. January 12, 1995 February 27, 1995 2 SPECIAL INFORMATION: Public utilities: Public utilities are not presently avail- able to this area. One common well is proposed to serve the entire subdivi- sion, with a possible second well to serve Lots 1,2 and 3. Sewage dispos- al will be provided by individual, on-site septic systems. Utility easements have been designated along all rights-of-way for gas, electricity, telephone, cable T.V., sanitary sewers, water mains, and storm sawer drainage. Public services: Police protection is provided by John- son County with fire protection provid.- ed by the Solon Fire Department. Transportation: Access to the site will be from Dingle- berry Road, which has access directly to Highway 1. Physical characteristics: The site is generally made up of a se- ries of ridges and wooded ravines. The proposed roadways generally follow the ridge lines, and two of the ravines are to be partially set aside as common open space. BACKGROUND INFORMATION: This approximate 107 acre tract is located on the south side of Dingleberry Road approximate- ly .6 miles east of Highway 1. This tract was recently fezcried from A1, Agricultural, to RS3, Suburban Residential, to allow residential development. The applicant is proposing a 34 lot subdivision with four areas of common open space. Because a portion of this property lies within Fringe Area 4, the City must approve the subdivision before it can be recorded and developed. City rural design standards apply to subdivisions within Fringe Area 4. ANALYSIS: The Fringe Area Policy for Fringe Area 4 states that a limited amount of residential development will be permitted east of Highway 1. When residential development does occur, the following conditions should be met: The development will not require construction or reconstruction of a public road by the City or County. No public roads will require construction or reconstruction as a result of the proposed subdivision. Although it is not paved, the County Engineer has indicated that Dingleberry Road is adequate to handle the traffic to and from this subdivision and should not result in the need for roadway improvements. When the above referenced rezoning application was reviewed, the Commission and City Council recommended that no lots within the subdivision be allowed access to Fox Lane until Fox Lane has been improved, or until the Fox Lane intersection with Highway 1 has been closed and a safe alternative route to Highway 1 has been provided. The preliminary plat indicates that access to lots 1,2 and 3 will be directly from Dingleberry Road, and lots 4 through 34 will have access on interior roads within the subdivision which lead out to Dingleberry Road. A roadway easement, to be dedicated to the City upon annexation, is shown on the plat connecting the proposed Orchard View Lane to Fox Lane, should the Fox Lane/Highway 1 intersection be improved in the future. 2. The proposed development will not have a negative impact on surrounding properties. Property to the west is already zoned and used residentJelly. Most of the additional storm water generated as a result of this development will flow naturally away from these residential areas. A pond is being constructed to collect storm water from 44 of the 107 acres. Storm water management easements are shown on the plat, and basins could be constructed in the future to handle run off from the rest of the site. Construction of the facilities would not be required at this time, however. 3. Conflicts between residential development and existing farm uses should be minimized. Because of the fairly large lots sizes proposed, and the fact that only seven of the 34 proposed lots actually abut agricultural parcels, potential conflicts between the proposed residential uses and existing farms should be minimized. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. In general, the proposed roadways appear to follow the ridge lines and avoid ravines end drainage areas. The proposed common open spaces are located along the wooded ravines. A potential wetland exists on the site currently, but appears also to be within a common open space area. There is a large wooded area located in the west central portion of the site that is not proposed for protection through the use of a common open area. Both the Fringe Area 4 policy and the County's cluster subdivision regulations state that clustering of development away from natural features is desirable. Staff feels it is important to preserve a portion of this wooded area, and the most effective means would be through designation as common open space. However, a compromise that may serve to preserve a portion of this wooded area while allowing the applicant the economic use of the land may be through the use of a restriction in the legal papers regarding the placement of house sites on the lots within the wooded area. If the homes on Lots 23 and 34 are placed on the eastern edge of the lots, and the homes on Lots 24 and 33 are placed on the western edge of the lots, it would result in less disturbance of this wooded area. It is staff's opinion that an effort should be made to preserve some of the wooded area, either as common open space or through a restriction on the location of home sites on Lots 23, 24, 33, and 34, as mentioned above. In general, the proposed preliminary plat for Orchard View Estates appears to meet three of the four standards for permitting limited residential development east of Highway I in Fringe Area 4. The preservation of the above mentioned wooded area on the property would result in the fourth condition being fully met, also. City Rural Design Standards: It appears that most of the City Rural Design Standards are being met, with the exception of required fire rating information and a letter of approval from the Solon Fire Department, which the applicant has indicated will be submitted before the February 16 formal meeting. STAFF RECOMMENDATION: Staff recommends that the preliminary plat for Orchard View Estates be deferred pending resolution of the deficiencies listed below. Upon resolution of these items, staff recommends that SUB95-0002, a request for preliminary plat approval of Orchard View Estates, a 34 lot residential subdivision located on the south side of Dingleberry Road, east of Highway 1, be approved, subject to the preservation of the wooded area covering proposed Lots 23, 24, 33, and 34, either through the use of common open space, or through a restriction on the placement of building sites to the east half of proposed Lots 23 and 34, and to the west half of proposed Lots 24 and 33. DEFICIENCIES AND DISCREPANCIES: No information regarding the fire rating for the proposed subdivision has been submitted. A letter from the appropriate fire protection district approving the plan is required prior to preliminary plat approval. A Grading and Erosion Control Plan has not yet been approved by the Department of Public Works. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development 0 LOCATION MAP SUB93-0001 ORCHARD ViEW ESTATES ~10th $! FOX LANK ~40t~ ~! ° ~ I 7 9 RESOLUTION NO. 95-35 RESOLUTION APPROVING THE PRELIIVIINARY AND FINAL PLAT OF SEDLACEK 2ND ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Betty Sedlacek, filed with the City Clerk the preliminary and final plat of Sedlacek 2nd Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa: Lot 2 of Sedlacek Addition, Johnson County, Iowa; together with Lot 2 of A Resubdivision of Lot A, Sedlacek Addition, Johnson County, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the proposed preliminary plat, final plat and subdivision and recommended that said preliminary plat, final plat and subdivision be accepted and approved; and WHEREAS, said preliminary plat, final plat and subdivision conform with the requirements of Chapter 354, Code of Iowa (1993) 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 preliminary plat, final plat and subdivision located on the above-described real estate be and the same are hereby approved. 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 legal documents and the plat shall be recorded at the office of the County Recorder of Johnson County, Iowa, at the expense of the owner/subdivider. Passed and approved this 28t:h day of l~ebruar~, , 1995. ATTEST: ppdadmln~sedlacek.res Resolution No 95-35 Page 2 It was moved by Pi?.ott and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ~ovick ABSENT: X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott , Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0002 and CZ9503, Sedlacek 2nd Addition GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Prepared by: Scott Kugler Date: February 16, 1995 Betty Sedlacek RR//2 Iowa City, Iowa 52240 MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, Iowa 52240 Rezoning from A1 to RS, and prelimi- nary and final plat approval. To allow one additional building lot to be created, and to reconfigure two of the existing lots. At the southeast corner of Newport Road and Prairie du Chien Road. Subdivision: approximately 18.19 acres, Rezoning: approximately ,73 acres. Lots 1 and 2 of Sedlacek Addition, Lot 1 and a portion o~ Lot 2 of the Resub- division of Lot A Sedlacek Addition are zoned RS, Suburban Residential. The balance of Lot 2 of the Resubdivision of Lot A Sedlacek Addition is zoned A1, Agricultural. Currently, there are sin- gle-family homes located on Lots 1 and 2 of Sedlacek Addition, and on Lot 1 of the Resubdivision of Lot A of Sedlacek Addition. North - Residential; A-2 East- Residential, Agricultural; A-1 South - Agricultural; A-1 West - Agricultural, Residential; A-1 Comprehensive Plan: The Fringe Area 4 Policy Agreement states that agricultural uses are pre- ferred in this area, but that residential uses for farm family purposes will be considered. Applicable Code requirements: Fringe Area 4 Policy Agreement; City Code Chapter 7, Land Subdivisions. File date: January 26, 1995 45-day limitation period: March 13, 1995 60-day limitation period: March 27, 1995 SPECIAL INFORMATION: Public utilities: This area is not served by City sewer and water. Public services: Police protection is provided by John- son County with fire protection provid- ed by the Solon Fire Department. Transportation: Access to the new lot would be from Newport Road. No public transit lines serve this area. Physical characteristics: The main feature on this site is a ravine that runs from the northwest to the south end of the site, which is wooded toward its southern end. The existing and proposed building lots are located on the higher areas overlooking the ravine. BACKGROUND INFORMATION: The applicant, Betty Sedlacek, is requesting preliminary and final plat approval of a 3 lot subdivision on an approximate 18.19 acre tract located at the southeast corner of Newport Road and Prairie du Chien Road. In addition, the request includes the rezoning of approximate- ly .73 acres from A-l, Agricultural, to RS, Suburban Residential, for a portion of proposed Lot 4, located at the northeast corner of the subdivision. This property was the subject of previous subdivision and rezoning requests. In 1990, approximately 2.94 acres located along Prairie du Chien Road was rezoned to RS, Suburban Residential, which includes Lot 1 and a portion of Lot 2 of the Resubdivision of Lot A Sedlacek Addition (the Resubdivision). The Resubdivision then occurred in early 1991. Later in 1991, Lots 1 and 2 of Sedlacek Addition were also rezoned from A1 to RS. Although the Fringe Area 4 Policy discourages residential development in this area, Mrs. Sedlacek represented at that time that the rezoning was for farm family purposes, which is permitted by the Fringe Area Agreement. The applicant is now requesting rezoning and preliminary and final plat approval to create an additional lot and to reconfigure two of the existing lots. ANALYSIS: Rezoning from A1 to RS: The Fringe Area 4 Policy states that agricultural uses are preferred on property west of Highway 1, but that farm family residential uses will be considered. Mrs. Sedlacek is again representing that the new residential lot will be for farm family purposes. One of her sons who helps to farm the family's property intends to build on the lot. The Fringe Area 4 Policy contains four standards that guide residential development: 1. The development will not require construction or reconstruction of a public road by the City or County, The addition of one lot along Newport Road should have no impact on the surrounding public roads. 2. The proposed development wlg not have a negative impact on surrounding properties. Much of the surrounding land along Newport Road, where the new building lot is to be created, is also being used residantially. 3. Conflicts between residential development and existing farm uses should be minimized. The new lot will be located between two existing homes, The agricultural land to the south is owned by the applicant, 4. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. The proposed new lot is located near the crest of the hill along Newport Road, and is not forested. The portion of the site containing steep elopes, wooded areas, and drainage ways are on proposed Lot B, most of which is zoned A1, Agricultural. The implementation policy for Fringe Area 4 states that the density for residential develop- ment should be one dwelling unit per three acres. Although two of the proposed lots are only one acre in size, this subdivision will result in the potential for five homes on the original 20 ± acre tract; or one lot per four acres. Any future requests for rezoning on this tract should be reviewed in terms of this density restriction, as applied to the entire 20± acres. Proposed $edlacek 2nd Addition: The proposed subdivision would take an existing 198 foot wide lot and a 50 foot wide access for the larger agricultural lot along Newport Road, and resubdivide it into two narrower lots of approximately 101 and 107 feet in width, and a 40 foot wide access for the larger agricultural lot. The applicant has requested both preliminary and final plat approval of this subdivision. Therefore, the requirements for both procedures must be met. The plat as submitted does not contain all of the required information. A list of those items not addressed can be found under Deficiencies and Discrepancies, below. Legal papers have been submitted for review, but have not yet been approved by Public Works and the City Attorney. Because this site has been the subject of two previous subdivisions, to avoid confusion the three lots being created by this plat have been numbered 3, 4, and B at the request of the County. Because a portion of this site is being rezoned, the approval of this subdivision should be subiect to the approval of the rezoning by the Johnson County Board of Supervisors before the subdivision is recorded. The configuration of proposed Lot B includes a 40 foot access onto Newport Road. Use of this area to access the agricultural lot should not be a problem. However, if Lot B should ever be subdivided into residential lots, this access point would not be desirable due to its proximity to the Newport Road/Prairie du Chien Road intersection. Staff recommends that the approval of this subdivision be subject to a note being placed on the plat to prohibit access at this point should proposed Lot B ever be rezoned and subdivided into residential lots. This note should be subject to the approval of the City Attorney. STAFF RECOMMENDATION: Staff recommends that City Council forward a comment to the Johnson County Board of Supervisors recommending that since the property is to be used for farm family purposes, CZ9503, a request to rezone .73 acres from A1, Agricultural, to RS, Suburban Residential, is consistent with the Fringe Area Agreement for Fringe Area 4. In addition, staff recom- mends that SUB95-0002, a request for preliminary and final plat approval of Sedlacek 2nd Addition, a 3 lot subdivision located at the southeast corner of Prairie du Chien Road and Newport Road, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval subject to the approval of CZ9503 by the Johnson County Board of Supervisors before the subdivision is recorded, and subject to a note, to be approved by the City Attorney, being placed on the plat restricting access to Lot B along Newport Road should it ever be rezoned and subdivided into residential lots. DEFICIENCIES AND DISCREPANCIES: Existing utilities along Prairie du Chien Road and Newport Road must be shown on the plat. 2, A fire rating and letter of approval from the appropr'ate f're department s required. 3. Location map is missing from the plat. ATTACHMENTS: 1. Location Map. 2. Zoning Exhibit. Preliminary and Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development ~ LOCATION MAP ~ SUB95-0002 CZ9503 25. ,/ ,/ PRELIMINARY AND ?INA[., PLAT SEDLACEK SECOND ADDITION TO JOHNSON COUNTY, IOWA LOCATION MAP NOT TO SCALE ]~reliminary and Final Plat. ~ SEI)iACEK .~ECOND ADDITION RESOLUTION NO. 95-36 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORIV] OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 2, ESTABLISHING ANIOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISENIENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21st day of IVlarch, 1995. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 28th day of March, 1995, or at such later time and place as may then be fixed. Passed and approved this ?Rch day of February , 1995. ATTEST: ,,~~ CIT"f-CLERK Appr, oved b,y (~ity Attorney Resolution No. 95-36 Page 2 It was moved by Baker and seconded by Pigott be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x the Resolution Baker Horowitz · Kubb¥ Lehman Novick Pigott Throgmorton The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member P±§ott introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLLVCION INSTITUTING PROCEEDIMGS TO TAKE ADDITIONAL ACTION FOR THE ISSU~{CE OF $8,260,000 GENERAL OBLIGATION BONDS", and moved: /x/ that the Resolution be adopted. / / to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at 12~ o'clock ~_.M. on the 2B~h day of March , 1995, at this place. Council Member Baker The roll was called and the vote was, seconded the motion. AYES: PiKott, Throgmorton, gakpr, ~,,bby, Novick ABSENT: Horowitz, Lehman NAYS: None Whereupon, the Mayor declared the measure duly adopted. Res. No. 95-37 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUA/~CE OF $8,260,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as requized by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $8,260,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction and repairing of street improvements; the construction, reconstruction, extension, improvement and equipping of a sewage treatment plant and sanitary and storm sewers; the reconstruction and improvement of waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits from floods or high waters and the reconstruction, improvement and repair of the waterworks, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -3- AHI~ C0~NEY. DOR~I~R, HAYNIE. $~IFfH & AH.i{£E, ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute pro- ceedings and takes additional action for the sale and issuance in the manner required by law of $8,260,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of offici@l intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit th~ sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 28th day of 1995. Fobruarv ATTEST: Mayo~c Prd ~m lerk -4- AHLEI~, COONEY, DOI~/£1L~R, HAYNIE, S,qlTtl & ALLSEE, The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $240,000 of general obligation bonds in order to provide funds to pay costs of the construction and equipping of soccer recreation fields; a general corporate purpose; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. Whereupon, Council Member Kubb¥ introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $240,000 GENERAL OBLIGATION BONDS", and moved: Ix/ that the Resolution be adopted. The / / to ~DJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at 12:00 o'clock __P.M. on the 28th day of March , 1995, at this place. Council Member Pigott roll was called and the vote was, seconded the motion. AYES: Throgmorton, Baker, Kubby, Novick, Pigott ABSENT: Horowitz, Lehman NAYS: Nanp Whereupon, the Mayor declared the measure duly adopted. Res. No 95-38 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONA5 ACTION FOR THE AUTHORIZATIONAND ISSUANCE OF NOT TO EXCEED $240,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to -5- AHLE~.~, (]00,~Y, DOR~EILER, HAY{~I~, SMITH & ALLB£E, PcL institute proceedings for the issuance of'not to exceed $240,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to'pay costs of the construction and equipping of soccer recreation fields, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute ~roceedin~s and take additional action for the authorization and issuance in the manner required by law of not to exceed $240,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above'purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise 6o take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 78~}~ day of 1995. Fphruar¥ ATTEST: Clerk c10714039L~2Al.fin -6- AHLE~ ~00NZY, DOii~,,'E{LER. HAYi'{~ ${4H]{ & AlLBEE, i3C. RESOLUTION NO 95-39 RESOLUTION CHANGING THE NAME OF RUSSELL STREET LOCATED IN HOLLYWOOD MANOR, PART FIVE, TO RUSSELL DRIVE WHEREAS, on April 23, 1974, the City Council approved the final plat of Hollywood Manor, Part Five; and WHEREAS, one of the north/south streets included on the final plat of Hollywood Manor, Part Five, is Russell Street; and WHEREAS, said street has been identified as Russell Drive on city street signs, maps, telephone books, and the City Directory; and WHEREAS, said street located in Hollywood Manor, Part Two, and South Pointe Addition is platted as Russell Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The name of Russell Street located in Hollywood Manor, Part Five, is hereby changed to Russell Drive. As required by Iowa Code §354.26 (1993), the City Clerk is directed to certify a copy of this Resolution and to file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 28th day of February , 1995. ATTEST: ,,~/~,..-~.~ CITY'CLERK (Zity Attorney's Office~..~/..~ B:tSTNMCHG,RES Resolution No. 95-39 Page 2 It was moved by Thro~morton and seconded by Pi~ott be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X x x x the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-40 RESOLUTION NAIVllNG DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10WA CITY, IOWA that the City of Iowa City, in Johnson County, iowa, approves the following list of financial institutions to be depositories of the City of iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Local Location Firstar Bank 222 Second Ave. SE Same Cedar Rapids, IA 52401-1214 204 E. Washington St. Same Iowa City, IA 52244-1880 102 S. Clinton St. Same Iowa City, IA 52244-1700 131 Main Street Hills, IA 52235 999 Home Plaza Waterloo, IA 50701-3731 229 South Dubuque Iowa City, IA 52240 P.O. Box 73850 Cedar Rapids, IA 52407-3850 101 3rd Avenue SW Same Cedar Rapids, IA 52406 500 Iowa Avenue Same Iowa City, IA 52244-2240 28th day of First National Bank Iowa State Bank Hills Bank & Trust Homeland Savings Bank, FSB Hawkeye State Bank Perpetual Savings Bank, FS8 Norwest Bank U of I Credit Union Passed and approved this 132 E. Washington St. Iowa City, IA 52240 150 E. Court St. Iowa City, IA 52240-4110 Same 301 S. Clinton St. Iowa City, IA 52240 February , 1995. Maximum Balance Maximum Balance in effect under in effect under prior resolution this resolution · ~25,000,000.00 (;25,000,000.00 ,~10,000,000.00 (;12,000,000.00 ~10,000,000.00 (;12,000,000.00 $8,000,000.00 915,000,000.00 810,000,000.00 910,000,000.00 $750,000.00 81,500,000.00 810,000,000.00 $10,000,000.00 $5,000,000.00 $20,000,000,00 ~;2,000,000.00 $ 5,000.000.00 ATTEST: CiTY'CLERK M~YOR Fr~//fem/ Approv~ed by '-- ~ , ~t~ Attorney's Office Reaolutlon No, 95-40. · Page 2 - It was moved by Kubby and seconded by. adopted, and upon roll call there were: Throgmorton the Resolution be · AYES: NAYS: ABSENT: X Baker Horowitz Kubby Lehman Novick __. Pigott __ Throgmorton