HomeMy WebLinkAbout1995-05-23 ResolutionRESOLUTION NO. 95-114
RESOLUTION ACCEPTING THE WORK FOR CHAUNCEY SWAN PLAZA
PARKING FACILITY
WHEREAS, the Engineering Division has recommended that the Chauncey Swan Plaza Parking
Facility project as included in the contract between the City of Iowa City and ConIon
Construction of Dubuque, Iowa, dated September 15, 1992, and including change orders 1
through 9 be accepted; and
WHEREAS, the performance and payment bond is on file in the Engineering Office; and
WHEREAS, the Architect of Record, Neumann Monson PC of Iowa City, has verified
construction is in compliance with contract document design specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that said project be hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 23rd day of Y,a¥ ,1995.
Approved by
CITY CLERK
It was moved by Novick and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
x
x
X
x
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO.
RESOLUTION ACCEPTING THE WORK FOR CHAUNCEY SWAN PLAZA
FACILITY
WF the Engineering Division has recommended that the Chauncey Swan Plaza Parking
Facility ct as included in the contract between the City of Iowa City and ConIon
Constr~ Dubuque, Iowa, dated September 15, 1993, and including change orders 1
through 9 be :epted; and ,/
WHEREAS, the
and payment bond is on file in the Engineering and
WHEREAS, the
construction is in
itect of Record, Neumann Monson PC of Iowa
)liance with contract document design s[
has verified
NOW, THEREFORE, RESOLVED BY THE CITY COUNCIL OF
IOWA, that said project ~ hereby accepted by the City of Iowa
CITY OF IOWA CITY,
Iowa.
Passed and approved this
day of ,1995.
ATTEST:
CITY CLERK
MAYOR
ity,.,~c,Appr°ved ~
Attorney s Office
It was moved by
adopted, and upon roll call there
by
pwengXchau~cey,fes
AYES: NAYS: ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Pigott
Throgmorton
RESOLUTION NO. 95-115
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA STATE BANK AND TRUST COMPANY FOR PROPERTY
LOCATED AT 1521 BROADWAY STREET.
WHEREAS, the City of Iowa City is the owner and holder of a certain Conditional Occupancy
Loan which has a current amount due of 937,000, and this loan was executed by the owner
of 1521 Broadway Street on October 29, 1993, and recorded April 8, 1994, in Book 1729,
at Pages 231-238 in the Johnson County Recorder's Office covering the following-described
real estate:
Lot Ten (10) in Block Six (6) in Sunnyside Addition to Iowa City, Iowa,
according to the recorded plat thereof,
and
WHEREAS, on May 8, 1992 the property owner executed a Promissory Note in the amount
of 92,250 and this was recorded June 9, 1992 in Book 1383, Pages 308-312 at the Johnson
County Recorder's Office, and
WHEREAS, Iowa State Bank and Trust Company, Johnson County, Iowa, will make a loan at
the sum of 951,O00 on a promissory note that will be executed by the owner of 1521
Broadway Street covering the real estate described above, and
WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the
attached subordination agreement, thereby making said rehabilitation lien held by the City
subordinate to the lien of said mortgage that was by Iowa State Bank and Trust Company,
and
WHEREAS, there is sufficient value in the above-described real estate to secure said
rehabilitation loan as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and Iowa State Bank and Trust
Company of Iowa City, Johnson County, Iowa.
Passed and approved this 23rd day of Hay , 1995.
CLERK City At~brney s Office
MICROFILMED
INFORMATION TECHNOLOGIES ~' ,":"' '
'"' RETAKE'
C -84
RESOLUTION NO. 95-115
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA STATE BANK AND TRUST COMPANY FOR PROPERTY
LOCATED AT 1521 BROADWAY STREET,
WHEREAS, the City of Iowa City is the owner and holder of a certain Conditional Occupancy
Loan which has a current amount due of 937,000, and this loan was executed by the owner
of 1521 Broadway Street on October 29, 1993, and recorded April 8, 1994, in Book 1729,
at Pages 231-238 in the Johnson County Recorder's Office covering the following-described
real estate:
Lot Ten (10) in Block Six (6) in Sunnyside Addition to Iowa City, Iowa,
according to the recorded plat thereof,
and
WHEREAS, on May 8, 1992 the property owner executed a Promissory Note in the amount
of 92,250 and this was recorded June 9, 1992 in Book 1383, Pages 308-312 at the Johnson
County Recorder's Office, and
WHEREAS, Iowa State Bank and Trust Company, Johnson County, Iowa, will make a loan at
the sum of $51,000 on a promissory note that will be executed by the owner of 1521
Broadway Street covering the real estate described above, and
WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the
attached subordination agreement, thereby making said rehabilitation lien held by the City
subordinate to the lien of said mortgage that was by Iowa State Bank and Trust Company,
and
WHEREAS, there is sufficient value in the above-described real estate to secure said
rehabilitation loan as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and Iowa State Bank and Trust
Company of Iowa City, Johnson County, Iowa.
Passed and approved this 23rd day of May ,1995.
CITY CLERK City Affbrney's Office
Reeolutlon No. 95-115
Page 2
It was moved by Novick and seconded by
adopted, and upon rol~ call there were:
· AYES: NAYS:
X
X
X
Lehman
ABSENT:
the Resolution be
Baker
Horowitz
.. Kubby
Lehman
Novick
.. Pigott
.. Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
IOWA CITY, IOWA , herein the Financial Institution.
WHEREAS, The City is the owner and holder of certain rehabilitation loans
which were executed by Anthony and Connie Wilson (herein the Owner), dated
May 8, 1992, recorded Hay 9, 1992, in Book 1383, Page 308; dated October 29,
1993, recorded April 8, 1994 in Book 1729, Page 231; and dated October 29,
1993 and recorded April 8, 1994 in Book 1729, Page 234, covering the
following described property:
Lot ten (10) in Block six (6) in Sunnyside Addition to Iowa
City, Iowa, according to the recorded plat thereof.
WHEREAS. the Financial Institution proposes to loan the sum of $5J,ooo.oo******** on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real propedy described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
rehabilitation loan held by the City be subordinated to the lien of the modgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination, The City hereby covenants and agrees with the Financial Institution
that the above noted rehabilitation loan held by the City is and shall continue to be
subject and subordinate to the lien of the mortgage about to be made by the Financial
Institution.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its
act of subordination herein.
SUBORDINATION AGREEMENT
Page 2
Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien supedor to the rehabilitation loan of the City.
Attest:
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this Z-.5 ~"~
day of '-~'Tt.,~ 19 75
CITY OF IOWA CITY FINANCIAL INSTITUTION
IOWA STATE B_A~RUST COMPANY
JERRY L. VANNI, VICE PRESIDENT
By
City Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ZS¢'?-~ day of -r~q.o.Q _:5
, 199~, before me, the undersigned, a
Notary Public in and four the State of Iowa, personally appeared
S~.~,~'/'~. t o~,~,o~-z_ and Susan K. Walshto m~ personally known, and, who,
being by me duly sworn, did say that they are the Mayor andU~]~Jt~,lerk, respectively, of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Qrd,~i,-,an~) (Resolution) No. ?5 --//5
passed (the Resolution adopted) by the City Council, under Roll Call No. ------ of the
City Council on the _Z'.%"--Z day of ~ , 19 ~ , and that
%~, '~7~. t-I~,-~.~;~_ and Susan K. 'W~lsl~cknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
SUBORDINATION AGREEMENT
Page 3
On this )_6 day of t. mY ,A.D. 19 95 ., before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
,7~R¥ [ VANN~ X~ , to me pemonally known, who
being by me duly swom, did say that they are the
, respectively, of said ~rporation executing the within and
foregoing instrument to which this is a~ched, that said instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and that the said
JERRY L. VANNI ~ as such officers
acknowledged the execution of said instrument to be the volunta~ act and deed of said
corporation, by it a~d by them voluntaHly executed~
Nota~ Public in and fontate of Iowa
RESOLUTION NO, 95-116
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 918 IOWA
AVENUE, IOWA CITY, IOWA
WHEREAS, on February 22, 1985 the property owner of 918 Iowa Avenue executed a 10
year no interest Deferred Payment Loan in the amount of $4,300 through the Rental
Rehabilitation Grant Program; and
WHEREAS, said Deferred Payment Loan created a lien against the subject property; and
WHEREAS, the terms and conditions for the loan expired on February 22, 1995.
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 1228 Louise
Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the
94,300, which was recorded in Book 754, Pages 01 through 07, respectively, of the Johnson
County Recorder's Office.
Passed and approved this 23rd day of i, iay
,1995.
Apl;~ by
CITY CLERK / ~/ City Att~[~ey's Office
It was moved by Ncvick and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
ppdrehabk9 ! 8~owa.res
X
x
x
X
x
x
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
IRELEASE OF LIEN
The City of Iowa City does hereby release the properly at 918 Iowa Avenue, Iowa City, Iowa,
legally described as follows:
The West 43 feet of the following described tract, to-wit: Commencing at a point
on the South side of Out Lot 4, in Iowa City, Iowa, due South of the center wall
of a cedain brick building now situated on said Out Lot 4, which point is about
292 feet East of the Southwest corner of said Out Lot 4, thence West 118 feet,
thence Nodh to Ralston Creek, thence East along Ralston Creek to a point due
Nodh of the point of beginning, thence South to the point of beginning,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$4,300 represented by a Deferred Payment Loan recorded in the Office of the Johnson County
Recorder's Office on February 28, 1985, in Book 754, Page 01 thru 17.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the property described above by reason of said recorded document.
CITY OF IOWA CITY, IOWA
ATTEST:
i3ity Clerk
By:
Mayor
Appro~
City A-ftomey~s Office ,~- I.(- ?~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~'$ ~ day of '-r'~ ,A.D. 19 ¢5 , before me, the
undersigned, a Notary Public in and~or said County, in said State, personally appeared Susan
M. Horowitz andsusar~ [4, t"¢)lslt.o me personally known, who being by me duly swom, did say
that they are the Mayor and ~,~lerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority of its
City Council, as contained Resolution No.q..,~-J/~ adopted by the City Council on the
v~,~ . , : 19~5; and that the said Susan M. Horowitz and susa~ ;<, '~aJ-S~]s such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppdrehab~,918iowa tel
RESOLUTION NO. 95-117
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER
MANAGEMENT EASEMENT AGREEMENT FOR SOUTH POINTE ADDITION
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and
Iowa Realty Company, Inc., an Iowa Corporation, (hereinafter "Subdivider") entered into a
Subdivider's Agreement and Stormwater Management Easement Agreement for South Pointe
Addition, Iowa City, Iowa, both dated September 14, 1993 and recorded in the Johnson County
Recorder's Office on September 20, 1993, in Book 1619, Page 137 et. seq,; and
WHEREAS, the Subdivider's Agreement and Stormwater Management Easement Agreement
for South Pointe Addition obligate Subdivider to construct a stormwater management facility;
and
WHEREAS, 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 South Pointe Addition 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 South Pointe
Addition, while protecting the City by reason of the lien aftaching to an established escrow fund,
said escrow fund to be established and maintained by the City Finance Depadment; 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 South Pointe
Addition 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,
The Mayor is hereby 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; eresion 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 Novick and seconded by
be adopted, and upon roll call there were:
Lehman the Resolution
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigoff
Throgmorton
Passed and approved this 23rd day of May
, 1995.
:3
LLViITED RELEASE AGREEMENT
THIS LIMITED RELEASE AGREEMENT is made between the City of Iowa City, Iowa,
a municipal corporation C City"), and Iowa Realty Co., Inc., an Iowa corporation CSubdivider").
In consideration of the mntual promises provided herein, the parties hereto agree as
follows:
1. The parties acknowledge that by reason of a Subdivider's Agreement and Storm
Water Management Easement Agreement for South Pointe Addition, Iowa City, Iowa, both of
which are dated September 14, 1993 and filed for record in the Johnson County Recorder's office
on September 20, 1993 in Book 1619, Page 137 et. seq., the Subdivider is obligated to construct
a storm water management facility ("Facility") as required by the City and as a benefit to South
Pointe Addition, Iowa City, Iowa CSubdivision"). The parties further acknowledge that this
obligation is deemed a covenant running with the land.
2. The parties acknowledge that $10p00.00has been placed in escrow with the City
for all lots in the Subdivision according to the plat thereof recorded in Plat Book 33, Page 12,
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.
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 and all lots within the tributary area which
is within the Subdivision are not yet developed and therefore 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 tiffs lien, the Subdivider agrees that
the lien ou any lot in the subdivision shall be transferred to and shall immediately attach to the
$10,000.00 escrow for this property, and that this lien shah remain attached to the $10,000.00
escrow until such time as permanent groundcover is established and mowable, erosion and
sedimentation 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,
South Pointe Addition, Iowa City, Johnson County, Iowa, according to the plat thereof recorded
in Book/33 , Page I 7..., 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.
6. This Limited Release Agreement shall be deemed a covenant running with the land
and with the title to the land, and shall inure to the benefit of and bind the parties hereto, their
2
successors and assigns in interest until such time as the property may be released of record by
the City, as provided by law.
7. This Limited Release Agreement shaU in no way alter, amend or ~nodify the Storm
Water Management Easement Agreement running in favor of the City and filed of record in Book
iLo{ ~_, ~ et. seq., Records of Johnson County, Iowa. DATED this Z.,~ C~day of May, 1995.
IOWA REALTY CO., INC.
CITY OF IOWA CITY, IOWA
Its Pres/~t~nt
) SS:
POLK couNTY )
On this It[~' day. of I~y~ oo~,1995, before me, the undersigned, a Notary Public
in and for said County, m said State', personally appeared R. Michael Knapp, to me personally
known, who being by me duly sworn, did say that he is the President of said corporation; that
no seal has been procured by the said corporation; that said instrument was signed on behalf of
said corporation by authority of its Board of Directors; and that the said R. Michael Knapp as
such officer, acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation by it and by hhn voluntarily executed.
Notary Public m and for the Slate of Iowa
"'" I DEBRA L, RILEY
JULY 7, 1995
3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this z~53-- day of . .'~_c~.,1995, before me, the under.signed, a Notary Public
in and for said County, in said Stale, personally appeared Susan Horowitz and Susan K. [qa~0h
me personally known, who being by me duly sworn, did say that they are the Mayor and P~ty
Clerk, '
respectively, 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
sign.ed and sealed on behalf of said municipal corporation by authority of City Council of said
mumcipai corporation; and that the said Susan Horowitz and Susan g. ldai[~owledged the
execution of said instnnnent to be the vohmtary act and deed of said mmficipal corporation by
it and by them voluntarily executed.
Notary Public in and for the State of Iowa
4
MAY- 18-95
THU 1S:42
P.02
In consideration 'the muma! p~omise, s provided herein,
follows:
IOWI~
'Subdivider').
hereto agree as
1. The partiez
which are dated September 14,
on September 20, 1993 ia Book 1619,
a storm water management fa¢illt
Pointo Addition, Iowa City, Iowa
obligation is d~nl~d a
2. Tho parties;
for all lots in the
~iain~ by the
, reason of a; :'s Agreement and Storm
Iowa City, Iowa, both of
lohnsou County Recordor's office
seq., ihe Subdlvidor ia obligated to co=tract
') as required by the City and as a benefit to South
The panie,,s further aclmowlodgo that this
e that $5
the
Iowa. The pa~ties furthor
pending completion of the Fac'~t~,
placed Ln e~crow with the City
Plat Book 33, Page 12,
that this escrow is being
! the City F, ngineer.
MA¥-18-95 THU 1~:4~ P,O~
anbstantMly ~
oresion and s
Facility is not
cloud on the propRy
4,
the lien on any lot in the
$5,000.00 escrow for this proport),, and
~c~ow until such time as
sedimontatlon an: contxolled
City acknowledges that construction of the Fa ' '' s now be~n
; but that p~rnmontgxoundcovor is not ye171iahed and mowable, .t~at
~ Lr¢ not wholly controllM and all Io/~/y/ithin the tributary area wkich
yet devclolzd and thcrcforo/Tmal acceptance by the City of
te~ a lien and
For this readoil,
above.
this lien, the Subdivider agrees that
and shall immediately attach to the
tiffs li~a shall re. main attached to the $5,000.00
is cstabli~he.d ~d mowable, erosion ~d
t Engineer, substantially all Iota within
the.~butary ar~a which is the $uMiviston ~b~n developed. At such time, the
FacJhty may b~ acccptrA 1 City, and a ge~etal ~easo given to ~e Subdivider for
recordation. ./ ~
51 In consi/~g~ti thereof, tlm City doe. s hereby ~ch~any lot in the Subdivi,ion,
2
MAY-18-95 THU 1~:44 P.84
(he
7.
DATHD
and asalgns in intcre,st until such time as tho property may be released of record by
provided by law.
This Limitezl Release Agreement slmll in no way aitor,, the Storm
in favor c a~d filed of record in Book
S~l., Records of $ohnson County,
of May, 1995.
IOWA RBALTY CO.,
OF IOWA CITY, IOWA
By: .. ~.~_ff~. :~ ~.~.
Its P~eiident
Susaa Horowitz, Mayor
By:
Marian "Karr, City Clerk
STARR OF IOWA )
)
POLK COUNT~ )
On this ./q~'da,
hi and for said County,
knowil) who
no seal has ~
said
such officCf,
said corporation 1
the said
of its Board
1995, before me, tho undersigned, a Notary ~ltc
Miciad ~app, m mo ~m~ly
~t he is ~ ~idmt of ~d ~aoa; ~
· a ~d ~ment was stgn~ on ~f of
~d ~ ~ ~d R. Mic~ol K~ ~
~o ~ ~e volua~ a~ ~d d~ of
and by him voluntaril,
3
RESOLUTION NO. 95-118
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PUBLIC WALKWAY EASEMENT AGREEMENT FOR LOTS 13, '14, AND
15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), West
Side Company, an Iowa Corporation (hereinafter "Owner") and Smith-Moreland Properties, an
Iowa General Partnership (hereinafter "Developer") entered into a Conditional Zoning
Agreement, dated September 3, 1991, and recorded in the Johnson County Recorder's Office
in Book 128'1, Page 179; and
WHEREAS, pursuant to the conditional rezoning of certain real property located in West Side
Park Addition, the above-noted Conditional Zoning Agreement required the dedication of a 15-
foot wide public walkway easement on lots 13, 14 and 15 of West Side Park Addition before
the issuance of a building permit for those lots; and
WHEREAS, the City and the Owner now have come to an agreement on the location and terms
of the subject easement; and
WHEREAS, the execution of said easement agreement is in the public interest and advances
the public health, safety and welfare of the citizens of Iowa City, Iowa; and
WHEREAS, the easement agreement requires City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is hereby authorized to sign and the City Clerk to attest tile attached Public
Walkway Easement Agreement concerning lots 13, 14, and 15, West tide Park
Subdivision, between the Owner and the City, upon direction by the City Attorney.
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 Public
Walkway Easement Agreement and plat thereof.
It was moved by Novick and seconded by
be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
,, X Baker
x Horowitz
x Kubby
x Lehman
x Novick
'-~-- Pigott
x Throgmorton
Passed and approved this 23rd day of ,,~a¥
the Resolution
, 1995.
PUBLIC WALKWAY EASEMENT AGREEMENT
THIS A~REEM~NT, made and entered into by and between Smith-
Moreland Properties, an Iowa general partnership, hereinafter re-
ferred to as Developer, which expression shall include its
successors in interest and assigns; and the City of Iowa City,
Iowa, a municipal corporation, hereinafter referred to as City,
which expression shall include its successors in interest and
assigns.
IT IS HEREBY AGREED AS FOLLOWS~
For the sum of One Dollar and other valuable consideration,
receipt of which is hereby acknowledged, the Developer hereby
grants to the City an easement for the purposes of public pedes-
trian and bicycle access as well as for excavating for and the
installation, replacement and use of a public sidewalk over and
across the real estate legally described and illustrated on the
Public Walkway Easement attached hereto and incorporated by this
reference (hereinafter "easement area").
The Developer further grants to the City the following
rights in connection with the above Public Walkway Easement:
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 said
easement area, to such extent as the City may find reasonably
necessary.
2. The right from time to time to trim and cut down and
clear away all trees and brush in said easement area and on
-2-
either side of the easement area which now or hereafter in the
opinion of the city may be a hazard to said easement area, or may
interfere with the exercise of the City's rights hereunder in any
manner.
The City shall promptly backfill any trench made by it, and
repair any damages caused by the city within the easement area.
The City shall indemnify Developer against unreasonable loss or
damage which may occur in the negligent exercise of its rights to
excavate the area and install the public sidewalk.
The Developer 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 Developer shall
not erect or construct any building, fence or other structures;
plant any trees, drill or operate any wells; or construct any
reservoirs or other obstructions on said area; or diminish or
substantially add to the ground cover over said easement area.
Developer shall maintain the easement area, and keep it open
to the public, in good repair and free from nuisance. The City
shall have no responsibility for maintaining the easement area.
Developer agrees to indemnify, defend and hold the City harmless
from any claim or cause of action for injuries or damage arising
from Developer's failure to maintain said easement area.
As required by the Conditional zoning Agreement dated
September 3, 1991, and recorded in Book 1281, Page 179 in the
Johnson County Recorder's Office, Developer shall deposit, in
escrow, the amount of $16,338.00, which is the estimated cost of
-3-
constructing a six foot wide concrete sidewalk in the easement
area; or alternatively, the Developer shall obtain an irrevocable
letter of credit from Iowa State Bank and Trust Company of Iowa
City, Iowa in said amount and shall deliver a copy of the same to
City. The Developer shall have the obligation to construct the
sidewalk. After the sidewalk has been constructed, the Developer
shall maintain the sidewalk as set forth above.
It is understood and agreed that this Public Walkway Ease-
ment Agreement satisfies the requirements of paragraph 6 of the
Conditional Zoning Agreement referred to above.
The Developer hereby covenants with the City that Developer
is lawfully seized and possessed of the real estate above
described and that it has good and lawful right to convey it or
any part thereof.
The provisions hereof 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
and with the title to the land.
SIGNED this ~ day of
, 1995.
SMITH-MORELAND PROPERTIES,
an Iowa general partnership
BY: Joh~ W. Moreland, Jr.,
Ge~al Partner
-4-
CITY OF IOWA CITY, IOWA, a
municipal cerporation
~usan M. Horowltz, M~
Susan K. %!a!sh, Deputy~ C~ty
Clerk
STATE OF IOWA )
) es:
JOHNSON COUNTY )
On this (~day of .~ , 1995, before me, the
undersigned, ~ Notary Public i~ 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 voluntary executed.
I~ W, ~NEDY
m~,~ [ ry Publio r the
.... State of~wa
-5-
STATE OF IOWA )
) SS.
JOHNSON COUNTY )
On this Z5~ day of V~ , 1995, befo{e me, the under-
signed, a Notary Public in add for said County, in said State,
personally appeared Susan M. Horowitz and Susan K. Walsh to me
personally known, D~h~,~eing by me duly sworn, did say that they
are the Mayor and ~%~ Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of said municipal corpora-
tion; 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 Horowitz and
Suaan K. Walsh acknowledged the execution of said instrument to
be the voluntary act and deed of said municipal corporation by it
and by them voluntarily executed.
q:~nk~nk2~34a3060.r~t
Notary Public in and for the
State of Iowa
Z /%"~ N 03'0000 W 264.60
05-18-1995 01:85P~ FROM li~rker,Cruise,Kenned~
TO
935650~8 P. B4
made and entere~ into
between Smith-
Moreland Properties, an Iowa general
farred a~ Developer, which expression
~i~, hereinafter
~11 ~nclude its
Iowa, a
which
.in interest and assigns; and
corporation,
shall include its
city of Iowa City,
referred to as City,
interest and
Fort he sum of
receipt.of which is
grants to the City an
trian aMd bicycle aocem
installation,
across the ~eal
Public Walkway
and other Valuable consideration,
the DeVeloper hereby'
for the purposes! of public psdes-
as for excavating for and the
and'use of a p~blic s~dewal~ over and
legally d~scribed and il~ustrated O. the
attached h~reto and inc~rporated by this
reference (~erei "easemsnt are~).
The Devel~ further grants to t~ City t~e following
rights in ~,~ec ,n with the above Publ~ Walk~ay Easement:
1. } . right to grade said easement~rea~ for the full
width ~II and the right to extend th~ ~s. and. fills for
such ~nto and on said land along and o%~side of said
arga, to such sxt nt as the City may
i f~ d reasonably'
T~e right from txme to time to trim ~ oUt.xdown
Ol~ away all trees and br~sh in said easement! area an~ on
05-1B-1995 01:0GPM FROM Barker,Crutse,Kennedg TO
955650~ p.~
ei~.her side of the easement area which now or h~reafter in the
o~inion of the City may be a hazard to said easi~ment area, or may .
inte~£er.e w~tn the exer~is. of the city'e ri~ht,~ ne~e~der in
pu~oses whloh wiil not interfere the City's full enjo~ent
of its ~ights hereby grated; ' ided that ~e, Developer s~11
not er~ot or const~ct any b~i fence or o~her st~oture~;
~lant any tr~es, drill or 'a~y wells; or~ const~ct
rese~oirs or o~er ions on'~said area; ~r diminish or
substan~ially add to cove~ over said~ eas~ent area.
Developer shall ~ ease~gnt area~ and keep it 'open
to the p~lic, in repair and free from nu~ancm. The City
shall have no lity for maintaining th~ easement area.
Developer ind~tfy, defen~ an~ ~Old ~e City
from any claim/or cause of action for injuries ?r damage arising
f~om D~elo~,. faiiu~ to .~intain sai~ ea,%m~nt area.
A. ~.~ir~d b~ the Con~itlonal Zoning Agr~m.~t
Septe~er/3, i991, and recorded in Book 1281, P~e ~79 in
Johnson/~t~ Re~ord~,~ office, Deveio~e~ ~al~l~o~it,
escrow~ ~e amount of $16,338.00, which is ~e ~s~i~ated cost
E5-18-1995 01:BGPM FROM B~'ker,Cruise,Kennedg TO 93565~8 P.~6
-3-
constructing a six foot wide conorete sidewalk .in the easement
area; or alternatively, the Developer shall obtain an irrevo=abl~
letter of c'.redit from Iowa State Bank and Trus~ C?~any of I6wa
City, Iowa in said amount and shall deliver a o~y of the same to'
City. ~e Developer shall have the obligatio~o construct the
The. Developer reby covenants ~ith the City that DeveloDer
is lawfully' seized
describe.d and tllat it
any par~ thereof.
good
the real estate above
lawful right'to opnvey it-or
The provisions hereof
all covenants shall be d/~med t(
and with the title .to the land.
SI~NED this __~day of
inure to the b~neflt of and bind
respeotive pa~ties hereto,
to and z~n with the land
,,1995.
PR~P~RTIE$~
an Iowa ine~al p!rtnershxp
BY:
~ohnw~Morel~nd, ~.,
General/Partnpt
05-18-1995 01:~PM FROM Barker,Cruise,Kenned~ TO 91565008 P.{~?
-4-
CITY OF IOWA CITY
m~ntcipal corpora
BY:
Susan M. Horc
,.I0WA,
Mayor
BY: ~
Marian E~rr, ~ity
clerk
STATE OF IOWA )
)
JOHNSON COUNTY )
On this
undersigned, ~
appeared John W.
by me duly sworn
of
that the
authority of
execution of
the
of
~ublic i~
· Jr. to
say that the
Properties, an Iowa
was signed on
partners; and the
instrument to be the
by it and by the partner
, 1995, ~$fo~.' e me, the-
for the sta~e, personally.
ly k~o~rn, who being
is on~ ofI the partners
Partn~rshlp,
ac~owledged ~e
a~ and deed Of
~xe~ted.
/
/
State
md ~orthe
:owa.
05-18-1995 01:W~
FROH Barker~C~uise,Kenned~
TO 93565088 P. 88
STATE OF IOWA )
On
~ersonally .
are the'Mayor
corporation'
the seal affixed
tion; that said
__ day of
Public in and
Susan M.
who being by
the
is
said municipal
municipal cO.potation;
l~arian K. Kerr aeknowl~
be the voluntary act and
and by 2hem voluntarily
1995, before me, the under-
County, in ~aid State~
and Marian K.' Kerr, to:me
sworn, did say that they
, of said municipal'
and foregoing instxu~ent; that
seal of said maaicfpal cordura-
and sealed o~ behalf of
ity of City council of said
the said Susan Horowitz and
execution of sa~d f~stl~A~ent to
of said municipal! cellooration by it
Public in hnd ~Or the-
State of Iowa'
TOTRL
¥4~ST SIDE PARK ADDITiON
TO IOWA CITY. IOWA
RECORDEO IN PLAT BOO{<
24, AT PAGE 45, 0E THE
RECORDS OF THE JD
N TY R£CORDER'S
15'
,~EP,~O~T WAS PREPARED BY ,~lE. ~ UNDER ),~Y DIRECT
UP,.RV1SJ0N, AND IllAT J A~ A OULY REGJST[R[D~ LEGEND AND NOTES
Gert D ge~sner [.S. & P.E. ReD. NO 8165 DATE /~ (S~'
MY REGISIRAIION EXPIRES. DECD, BER 51. ,9,:~ ~ ~: c~:~ ~.~:~s
J I , /' I,~.le ( ~/~ ~ ~-LOT~:
RESOLUTION NO. 95-119
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC
WALKWAY EASEMENT FOR LOTS 13, '14, AND '!5, WEST SIDE PARK, AN
ADDITION TO IOWA CITY, IOWA
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), West
Side Company, an Iowa Corporation (hereinafter "Owner") and Smith-Moreland Properties, an
Iowa General Partnership (hereinafter "Developer") entered into a Conditional Zoning
Agreement, dated September 3, 1991, and recorded in the Johnson County Recorder's Office
in Book 1281, Page 179; and
WHEREAS, pursuant to the conditional rezoning of certain real property located in West Side
Park Addition, the above-noted Conditional Zoning Agreement provided, in part, that a lien
could arise against any of the rezoned property in the case where the Developer failed to
construct the public walkways in the northwest and northeast comers of West Side Park
Addition as required, and the City exercised the option of constructing the walkways; and
WHEREAS, the above-noted Conditional Zoning Agreement also provided forthe establishment
of an escrow, by the Developer, in an amount equal to the cost of constructing a six-foot wide
concrete sidewalk in the northwest and northeast easement areas should said public walkways
fail to be completed prior to the Developer's application for a building permit; and
WHEREAS, in the interim, a lien currently remains on lots 13, 14, and 15 with a cloud on the
titles to all lots in the development for the completion of the concrete sidewalk in the northwest
easement area; and
WHEREAS, local builders and financial institutions are unable to market local modgages on
the secondary modgage 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 lots 13, 14,
and 15 and all lots in the development 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 Depadment; and
WHEREAS, tile remaining requirements set forth in the Conditional Zoning Agreement would
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 Lots 13, 14 and
15, West Side Park Addition, in order to protect local properly 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.
The Mayor is hereby authorized to execute and the City Clerk to attest the Partial
Release Agreement, a copy of which is attached hereto. Developer shall record this
agreement in the Johnson County Recorder's Office.
Upon certification from the City Engineer that construction of the public walkway
pursuant to the Conditional Zoning Agreement and Public Walkway Easement
Agreement concerning lots 13, 14, and 15, executed on or about May 23, 1995, has
been satisfactorily completed, 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 Novirk and seconded by r.~,hm.~n
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
Passed and approved this 23rd day of ~la¥
the Resolution
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
, 199~.
PARTIAL RELEASE AGREEMENT FOR LOTS '13, 14, AND '15, WEST SIDE PARK,
AN ADDITION TO THE CITY OF IOWA CITY, IOWA
This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City"), and Smith-Moreland Properties, an Iowa General
Partnership (hereinafter "Developer"), which expressions shall include their successors in
interest and assigns.
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
The parties acknowledge that by reason of a Conditional Zoning Agreement for West
Side Park, an Addition to the City of Iowa City, Iowa (hereinafter "Development") dated
September 3, 1991, and recorded in the Johnson County Recorder's Office in Book
1281, Page 179, Developer is obligated to dedicate and construct a public walkway
extending from the northwest corner of West Side Drive to the northwest corner of the
development as required by said conditional rezoning and as a benefit to the
Development. The parties further acknowledge that this obligation is deemed a
covenant running with the land.
The parties acknowledge that $16,338.00 has been placed in escrow with the City for
the construction of the public walkway extending from the northwest comer of West Side
Drive to the northwest comer of West Side Park Addition. The padies further
acknowledge that this escrow is being retained by the City pending completion of this
public walkway, as certified by the City Engineer.
The City acknowledges that dedication of a public walkway easement as required by the
Conditional Zoning Agreement has been completed through the execution of a Public
Walkway Easement Agreement for lots 13, 14, and 15 of West Side Park Addition.
However, construction of the public walkway is not completed, and final release of West
Side Park Addition by City is not yet appropriate. For this reason, the Conditional
Zoning Agreement and Public Walkway Easement Agreement constitute a lien and
cloud on the property in the Addition.
In consideration of the City's release of its lien on lots 13, 14, and 15 of the property,
Developer agrees that the lien on these lots in the Addition shall be transferred to and
shall immediately attach to the $16,338.00 deposited in escrow for this property, and
that this lien shall remain attached to the escrow until such time as the Public Walkway
has been completed, in the opinion of the City Engineer. At such time, the City will
issue a final release for all lots in the Addition to the Developer for recordation.
Developer agrees that said escrow will be retained until all work on the Public Walkway
has been completed and the Public Walkway is finally released by the City as provided
above.
In consideration thereof, the City does hereby release lots 13, 14, and 15, West Side
Park Addition, from any lien or cloud now placed on the title to the above property for
the purposes stated in paragraphs 1 through 4 above, and arising out of the agreements
referenced in paragraphs 1 and 3 above.
This Padial Release Agreement shall not be construed as a release of Developer's
obligations to complete other obligations pursuant to the Conditional Zoning Agreement
or Public Walkway Easement Agreement as referenced above, and all such other
responsibilities shall remain until finally released by the City.
Dated this /~"~'day of
,1995
SMiTH-MORELAND PROPERTIES, an Iowa
Vlohn W. Moreland, Jr., Genial Partner
CITY OF IOWA CITY, IOWA,
a municipal corporation
/ Susan M. Horowitz, Ma, oy...~
2
STATE OF IOWA )
)SS
JOHNSON COUNTY )
On this ]UP'day of May, 1995, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared John W, Moreland, Jr., to me personally known, who
being by me duly sworn did say that he 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 foregoing
instrument to be the voluntary act and deed of the partnership it and by the partner voluntarily
executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 23 day of May, 1995, before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Susan M. Horowitz and Sus=n ~(. t*Tal.s~ me
personally known, who being be me duly sworn, did say that they are the Mayor an~P~/tC~erk,
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 Susan M. Horowitz and susan ~(.ual~cknowledged that 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
3
PARTIAl
RELEASE AGREEMENT FOR LOTS 13, '14, AND 15, WEST SIDE PARK,
AN ADDITION TO THE CITY OF IOWA CITY, IOWA
This Partial
corporation
Partnership (herein~
interest and assigns.
IN CONSIDERATION
AGREE AS FOLLOWS:
Agreement is made between the City of Iowa City, Iowa, a municipal
"the City"), and Smith-Moreland Properties, an Iowa General
"Developer"), which expressions shall include their successors in
THE MUTUAL PROMISES CONTAINED
PARTIES
The parties
Side Park, an Addition
September 3, 1991,
1281, Page 179, Develo
extending from the
development as required
Development. The parties
covenant running with the
le that by reason of a Conditional reement for West
the City of Iowa City, Iowa (hereinafte~pment") dated
in the Johnson County Office in Book
is obligated to dedicate and a public walkway
corner of West Side Drive tle northwest comer of the
said conditional rezonir and as a benefit to the
her acknowledge th this obligation is deemed a
The parties acknowledge that $16 ,8.00 hasplaced in escrow with the City for
the construction of the the northwest comer of West Side
Drive to the northwest comer of Park Addition. The parties further
acknowledge that this escrow is being :1 by the City pending completion of this
public walkway, as certified by the City E[ neer.
The City acknowledges that dedication ~ easement as required by the
Conditional Zoning Agreement through the execution of a Public
Walkway Easement Agreement for 13, nd 15 of West Side Park Addition.
However, construction ofthe publi, y is .mpleted, and final release of West
Side Park Addition by City is yet appropriate. this reason, the Conditional
Zoning Agreement and Public Easement reement constitute a lien and
cloud on the property in the
In consideration of the Crelease of its lien on lots 13, {~, and 15 of the property,
Developer agrees that t~ on these lots in the Addition sh'~l be transferred to and
shall immediately attato the $16,338.00 deposited in escrow~or this property, and
that this lien shall ;d to the escrow until such time asXhe Public Walkway
has been in the opinion of the City Engineer. At such time, the City will
issue a final rele~ for all lots in the Addition to the Developer for recordation.
Developeragr
has been cot
above.
said escrow will be retained until all work on the Public Walkway
)leted and the Public Walkway is finally released by the City as provided
In consideration thereof, the City does hereby
Park Addition, from any lien or cloud now placed
purposes stated in paragraphs 1 thr
in paragraphs 1 and 3 above.
This
obl
or
res
Release Agreement shall not be
to complete other obligations purau~
Easement Agreement
shall remain until finally
lots 13, 14, and 15, West Side
title to the above property for
and arising out of the agreements
strued as a release of Developer's
Conditional Zoning Agreement
above, and all such other
by the City.
Dated this ......day of
BY:
)RELAND PROPERTIES, an Iowa
ship
John W. Moreland, Jr., General Partner
BY:
OF IOWA CITY, IOWA,
corporation
Horowitz, Mayor
Attest:
2
Madan K, ~rr, City Clerk
STATE OF IOWA )
)SS
COUNTY )
On __ day of May, 1995, before me, the undersigned,
the State of personally appeared John W. Moreland, Jr., to me
being by me sworn did say that he is one of the partners
an Iowa General and that the instrument was signed,
by authority of the and the partner acknowledged th~
instrument to be the act and deed of the partnership
executed.
' Public in and for
I~own, who
Properties,
of the partnership
of the foregoing
by the partner voluntarily
Notary Public in and for the State of
Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of May,
said County, in said State, perso
personally known, who being
respectively of said munici
affixed thereto is the seal
sealed on behalf of said
corporation; and
of said instrument to be
voluntarily executed.
before me
sworn, did
3oration executing
municipal corporation;
corporation by
M. Horowitz and Marian K
voluntary act and deed of said mu~
undersigned, a Notary Public in nd for
M. Horowitz and Madan K. Karr, to me
lat they am the Mayor and City Clerk,
instrument; that the seal
instrument was signed and
City council of said municipal
acknowledged that execution
corporation and by them
Notary
Iowa
and for the State of
3
RESOLUTION NO. 95-120
RESOLUTION AUTHORIZING THE ADOPTION OF THE ALLOWANCES FOR
TENANT-FURNISHED UTILITIES AND OTHER SERVICES FOR THE IOWA CITY
HOUSING AUTHORITY PROGRAMS
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires annual review of the utility
allowances under the Certificate, Voucher, and Public Housing Programs; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer Certificate, Voucher and Public
Housing Programs; and
WHEREAS, the participants of the housing assistance programs would benefit from the adoption
of the revised utility allowances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND OTHER SERVICES
be adopted as the policy of the Iowa City Housing Authority effective July 1, 1995.
2. That 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
_ ~,-~ day of
1995.
ATTE ST:_,,~_(~4~
CITY CLERK
It was moved by Nov£ck
adopted, and upon roll call there were:
Appr~edby ~' ~
and seconded by Lehman the Resolution be
AYES: NAYS:
ABSENT:
X
X Baker
X Horowitz
x Kubby
- -- Lehman
--z. Novick
-- Pigott
- - X Throgmorton
hisasst\utilallw, res
RESOLUTION NO. 95-121
RESOLUTION AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER
PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AUTHORITY
VOUCHER PROGRAM
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development requires the Housing Authority to
establish Voucher Payment Standards under the Voucher Program; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Voucher Program; and
WHEREAS, the participants of the housing assistance voucher program would benefit from the
adoption of the revised voucher payment standards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY1 IOWA:
That the revised Voucher Payment Standards be adopted as the policy of the Iowa City
Housing Authority effective July 1, 1995.
That 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
Depadment of Housing and Urban Development.
Passed and approved this 23rd day of May ,1995,
It was moved by Nov±ck
adopted, and upon roll call there were:
and seconded by
Approved by
Lehman the Resolution be
AYES:
NAYS:
ABSENT:
hisa~st~voupyml.tes
X
X
,v,
X
'X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO. 95-122
RESOLUTION AUTHORIZING EXECUTION OFAMENDATORY AGREEMENT#13
TO ANNUAL CONTRIBUTIONS CONTRACT BETWEEN THE CITY AND THE
FEDERAL GOVERNMENT RELATING TO FUNDS FOR PUBLIC HOUSING.
WHEREAS, the City of Iowa City, Iowa (the "Local Authority") proposes to enter into an
Amendatory Agreement which revises the contract (the "Annual Contributions Contract") with
the United States of America (the "Government") with respect to any "Project" as defined in
the 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 Amendatory Agreement 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 tem is hereby authorized and directed to execute said Contract in five copies on
behalf of the Local Authority, and the City Clerk is hereby 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, or any of them, 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) The term "Resolution" shall mean this Resolution.
(2)
All other terms used in this Resolution and which are defined in the Annual Contribu-
tions Contract shall have the respective meanings ascribed thereto in the Annual
Contributions Contract.
Section 3. All resolutions or parts of resolutions heretofore adopted by the Local Authority
which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance
Loan Notes") pursuant to the Annual Contributions Contract remain in full force and effect.
Section 4. This Resolution shall take effect immediately.
Passed and approved this 23rd day of F, ay ,1995.
CITY CLERK
hisasst\amd 13acc.res
'~ ~.,it~ At ornt ey'§-Ofh~e '
Resolution No. 95-122
Page 2
It was moved by Movick and seconded by
adopted, and upon roll call there were:
Lehman the Resolution be
· AYES: NAYS: ABSENT:
X
Baker
Horowitz
Kubby
Lehman
· , Novick
Pigott
y Throgmorton
.increase Development Grant
Amendment to Consolidated
Annual Contributions Contract
1. Protect.Number:
IAOSP022006
2. Amendment to Annual Conthbutlons Contract Number
KC-9166 dated October 18, 1985
(the Contract}.
3. The Contract Is amended to provide a grant of additional
funds for development of the Project. This amendment Is part
of the Contract. Under An~lual Contributions Contract Amend-
ment Number HUD agreed
to provide {loans aud annual conthbutlons) {grants) for a Pro.
Jeer with a Maxilnum Total Development Cost of:
$ 1,605,500.00
which is Insufficient for completion of the Project.
4. Tile following provisions shall be applicable to the provi-
sion of a grant for additioual funds for the PwJect:
a. Date of Development Grant Amendment Reservation:
September 13, 1991
b, Development Method and Housing 'lype Detached
c. Prior Number of Units 20
d. New Number of Units 20
e. Prior Maximum Total Development Cost:
$1,677,183.00
f. D.evelopment Grant Amendment Authorit),:
$ 63,570.00
g. I~ew Maximum Total Development Cost:
$1,740,753. O0
5. The New lqaxi:num 'tbtal Developmeut Cost of the Project
is set forth in SectIda 4. g. of this amendment. Tile PHA shall
complete d~e development of the Project at the lowest possible
developslant cost within the approved Development Cost
Budget and In no event in excess of the stated New Maximum
Total Development Cost for the Project.
6. Subject to the provisions of Part II of this Contract, and in
order to assist completion of development of the Project, HUD
agrees to titshorse to the PHA, from time to time as needed. up
to tile amount of the Maximum Grant Commitment. Tile Max-
(SEAL)
Attest:
U.S. Deparfment of Housing
and Urban Development ~
Office of Public and indian Housing 1 F
Lower Income Public Housing
AMENDMENT NO. 13
Imum Grant Commitment shall be equal to the difference be-
tween the Prior Maximum Total Development Cost and the New
Maximum Total Development Cost, as stated In Section 4, or
the difference between the Prior Maximum Total Development
Cost and the approved Actual Development Cost of the ProJect.
7. After inclusion in an audit and HUD approval of the Ac-
tual Development Cost Certificate {in accordance with Section
405 of Part II of the Contract}, a copy of the Actual Develop-
ment Cost Certificate shall be attached to this amendment and
shall be deemed to further amend the Contract, wbero
nece.qam-y, to reduce the amount of grant authority for the Pro-
Ject to an amount equal to the difference between the Prior
Maximum Total Development Cost and the approved Actual
Development Cost for the Project. In no ease shall the approved
Actual Development Cost Certificate amount exceed the New
Maximum Total Development Cost stated In Section 4.g. of this
amendment.
8. The PHA shall continue to operffte the Development Grant
Project as lower income housing in compliance with this Con-
tract, the Act aud all HUD regulations and requirements for a
period of forty years beginning on the Date of Full Availability
of the Development Grant Project: provided, however, that the
provisions of Section 30g(B) and (C) of the Contract shall remain
in effect for so long as HUD determines there is any outstanding
iudebtedness of the PHA to IIUD which arose in convection
with any project or projects under the Contract and which is not
eligible for forgiveness, and orovided further that, for a period
of ten years following the last payment of operating subsidy to
the PHA, no disposition of the Grant Project shall occur unless
approved by HUD.
~. If the PHA does not comply with any of its obligations
under this amendment, HUD may direct the PHA to terminate
all further development activities. In such case. the PHA aliaIt
only tacur addthonal costs with HUD appro,ml.
10. The PHA shall execute and file for record a Declaration of
'Ilxmt as provided under SeeBon 420{B) of the Contract to pro-
tect tho rights and interests of HUD throughout the forty-yemr
period dttring which the PHA is obligated to operate the
Development Grmlt Project in accordance with the Contracts, the
Act and }IUD rogulations and requirements.
The parties have caused this amendment to be effective as of
the date of execution on behalf of the United States, as stated
below.
Iowa City Housing Authority
SUSAN M. HOR'OWITZ,tC~IJ~'~{~
Date
UNITED STATES OF AMERICA
Harl M. Hamblin, Director, Public Houqing
HUD-S3010-E (6-89)
HB. 7417.1
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EAST HILL SUBDIVI-
SION, IOWA CITY, IOWA.
WHEREAS, the applicant, East Hill Subdivision, Inc., filed with the City Clerk of Iowa City,
Iowa, an application for approval of the preliminary plat of East Hill Subdivision; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommende. d 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:
The preliminary plat of East Hill Subdivision, Iowa City, Iowa, is hereby approved
subject to a determination of whether the City accepts the applicant's offer to dedicate
Outlot "A" for the development of a trail prior to final plat approval.
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
day of ,1995.
ATTEST:
CITY CLERK
It was moved by
MAYOR
by ~ ~
and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Scott Kugler
Item: SUB95-0009. East Hill Subdivision.
Date: April 20, 1995
GENERAL INFORMATION:
Applicant:
East Hill Subdivision, Inc.
C/O Gene Kroeger
500 South Dubuque Street
Iowa City, Iowa 52240
Phone: 351-8811
Contact person:
Ralph Stoffar
Landmark Surveying & Engineering
535 Southgate Avenue
Iowa City, Iowa 52240
Phone: 354-1 984
Requested action:
Preliminary plat approval.
Purpose:
To allow a 36-1ot residential subdivi-
sion.
Location:
North of Muscatina Avenue, west of
Dover Street (655 Meadow Street).
Size:
13.11 acres.
Existing land use and zoning:
Vacant, RS-8.
Surrounding land use and zoning:
Comprehensive Plan:
North: Residential; RS-5.
East: Residential; RS-12.
South: Funeral home; C0-1.
West: Residential, Cemetery; RM-20.
North portion of the site: Residential,
2-8 DU/A; South portion of the site:
Residential, 8-16 DU/A.
Applicable Code requirements:
14-6D-3 - Medium Density Single-Fami-
ly Residential zone (RS-8); Title 14,
Chapter 7, Land Subdivisions.
File date:
March17,1995,
45-day limitation period:
May 1, 1995.
2
SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
services are available to serve this site.
Public services:
The City would provide necessary ser-
vices to the area, including police and
fire protection. Robert Lucas School is
located a short distance to the east of
this site, and Court Hill Park to the
northeast.
Transportation:
This site is located in close proximity to
two transit routes: the Towncrest
route along Muscatine Avenue to the
south, and the Court Hill route along
Friendship Street to the north.
Physical characteristics:
Ralston Creek lies near the north edge
of the site. The site slopes upward
gently from the creek to the south,
becoming steeper near the south prop-
erty line.
BACKGROUND INFORMATION:
The applicant is requesting preliminary plat approval for East Hill Subdivision, a proposed 36-
lot, 13.11 acre residential subdivision located north of Muscatine Avenue, west of Dover
Street (655 Meadow Street). This site was recently rezoned from RM-12, Low Density Multi-
Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density
Single Family Residential. The rezoning was subject to three conditions: 1 ) dedication of the
Ralston Creek floodplain, including public access to the dedicated area; 2) a limitation on the
density of the development to 72 units unless secondary access via a dedicated public street
is provided; and 3) the developer participating with the City in the development of a trail
within the dedicated floodplain of Ralston Creek at the time of development of the property.
ANALYSIS:
Subdivision Code Compliance:
The revised plat appears to meet the technical requirements of Title 14, Chapter 7, "Land
Subdivisions," subject to final review by Public Works. The preliminary plat is in general
conformance with the concept plan that was submitted with the rezoning application for this
property. Minor changes include the renaming of Cascade Court to Catskill Court, and the
minor reconfiguration of Lot B, to be dedicated to the City. A Grading and Erosion Control
Plan will have to be approved prior to City Council consideration.
Conditional Zoning Agreement: The Conditional Zoning Agreement associated with the
rezoning of this site specified three conditions that must be met upon development of the
property:
3
Development of the property shall include dedication of the Ralston Creek floodplain
within the parcel to the City, including a public access easement from an interior
roadway within the subdivision to provide public access to the dedicated floodplain area.
The preliminary plat does show that all of the Ralston Creek floodplain is located on Lot
B, which is to be dedicated to the City. A 15 foot wide public access right~of-way and
an 8 foot wide sidewalk are being provided between Lots 6 and 7 to provide access to
Lot B.
The density of development of the subject property shall be limited to a total of 72
dwelling units, unless secondary access via a dedicated public street is provided.
The preliminary plan contains 36 building lots. In the RS-8 zone, either a single-family
home or a duplex could be constructed on each lot. Therefore, a maximum of 72
dwelling units could be constructed within this subdivision, as permitted by the CZA.
If the City chooses to develop a trail, development of the property shall be subject to
the Owner at the time of development participating with the City in the development
of a trail within the dedicated floodplain of Ralston Creek to the City's satisfaction. The
Owner's obligation shall be limited to grading and construction of a trail on the subject
property, and shall not exceed an expense of $5,000.
At this time, the best alignment for the proposed trail has not been determined. It is not
clear whether the trail will run along the north or south side of the creek. Staff
recommends that a payment of $5,000, as specified in the CZA, be accepted at the
time of final plat approval for use when the trail is constructed in the future. The
developer has indicated that this would be acceptable.
Secondary Access: The issue of secondary access to the proposed subdivision was a topic
of much discussion during the rezoning process. At that time, staff recommended that
secondary access not be required because the concept plan appeared to satisfy the City's
secondary access guidelines. The guidelines suggest a secondary means of access when any
of the following conditions are present:
When any portion of the single access road will be overburdened with traffic. A street
is "overburdened" for the purposes of this analysis when the projected traffic volume
exceeds the midpoint design volume for its class, as designated in the Comprehensive
Plan. The single access road under discussion is proposed Catskill Court, which is to be
a local street. The midpoint design volume for a local street is 500 vehicular trips per
day. At an estimated seven trips per dwelling unit per day, the proposed development
would generate 504 trips daily, which is at the traffic volume threshold.
When there are physical features present that would inhibit access when the single
access road is blocked. These physical features include slopes of 8% or greater,
floodplains, wetlands, a bridged or culverted waterway, etc. None of these features is
present along the proposed single access road.
When there are existing or proposed facilities that would create pedestrian-motor vehicle
conflicts (schools, day care centers, parks, etc.). None are present along Catskill Court.
4. When special populations are located along the single access road that increase the
probability of emergency vehicles being required. None are present along Catskill Court.
It is staff's opinion that the proposed Preliminary plat meets the CJty's secondary access
guidelines. However, the Fire Department has recommended that secondary access be
provided. The Fire Department's concern is with regard to the design of Perry Court and
Meadow Street near the proposed entrance to this subdivision, regardless of the number of
dwelling units that are constructed within the subdivision. Staff has suggested to the
developer that a secondary means of access again be investigated. However, staff continues
to be of the opinion that the City's secondary access guidelines are
the City is not in the position to require a secondary means of access to the site if one is not
available. being satisfied, and that
It is important to point out that a lack of a secondary means of access creates problems with
safety, convenience, and providing services such as mail delivery, snow removal, etc.
However, this is a problem that exists regardless of the size of the development being served
by the single access road. The City's secondary access policy is aimed at identifying an
acceptable level of risk and inconvenience, recognizing the developers, desires for cul-de-sac
type street arrangements, and the fact that there are peculiar properties that exist for which
no physical means of secondary access is available. This site may be one of those peculiar
.properties, and the proposed development falls within the acceptable levels of risk and
inconvenience that have been established.
Traffic Counts: Another issue of debate during the rezoning hearings for this property was
the impact of this development on the surrounding streets with regard to traffic. Traffic
counts were again obta ned for a 24 h ·
equipment and the deadline f ou! per~,od on April 11, 1995. AvaiJabi!ity of the
or the preparation ot this staff report precluded obtaining counts
for a longer period of time. The new traffic counts indicated that the traffic on that day was
somewhat higher than the traffic recorded at the time of the rezoning, on January 31, 1995.
A total of 934 vehicles (484 southbound, 450 northbound) ~vere recorded on Dover Street,
north of Muscatine .A. venue, versus 790 (423 sb, 367 rib) n January. On Meadow Street,
south of Brookside Drive, a total of 780 vehic es (384 sb, 396 nb) were recorded, versus 680
(319 sb, 361 nb) in January. The Comprehensive Plan indicates that the target volume for
a local street is 1,000 vehicles per day. Development of this subdivision will likely result in
traffic levels on the surrounding streets exceeding these guidelines by a few hundred vehicles
per day. Much of this traffic is likely due to cut-through traffic between Muscatine Avenue,
an. arterial street, and Friendship Street, a collector street. Dover Street actually serves as a
minor collector street in this area due to its location between an arterial and a collector street.
Neighborhood Open Space: The development of this property will require the dedication of
· 48 acres of open space. Lot B, which is to be dedicated to the City, contains 1.13 acres.
The use of this area for the construction of a trail will allow this dedication to satisfy the
Neighborhood Open Space requirement for this subdivision.
Storm Water Management: The proposed plat does not contain provisions for storm water
detention, upon recommendation of the City Engineer. In this case, getting the run off from
this development into Ralston Creek and downstream as quickly as possible before peak water
levels from upstream pass by the site is preferred.
5
STAFF RECOMMENDATION:
Staff recommends that SUB95-0009, a request for preliminary plat approval of East Hill
Subdivision, a 13.11 acre, 36.1ot residential subdivision located north of Muscatine Avenue,
west of Dover Street (655 Meadow Street), be approved, subject to the approval of a Grading
and Erosion Control Plan prior to City Council consideration.
ATTACHMENTS:
1. Location Map.
2. Revised Preliminary Plat.
Approved by:
Department of Planning and
Community Development
ppdadmin\stfrep\950009
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RESOLUTION NO. 95-123
RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROV-
ING NEIGHBORHOODS" (PIN) GRANT FUNDS.
WHEREAS, the City Council allocated $25,000 for Fiscal Year 1996 to the "Program for
Improving Neighborhoods" (PIN) to fund grants to neighborhood associations for the purpose
of making improvements within their neighborhoods; and
WHEREAS, the Neighborhood Council, a body representing leaders of neighborhood
associations, has been responsible for:
-developing the criteria and format for the PIN grant applications,
-establishing a method of evaluating the PIN grant applications,
-reviewing and ranking the PiN grant applications, and
-submitting this recommendation for PIN grants to the City Council for review;
and
WHEREAS, the Neighborhood Council will review the progress of PIN grant supported
activities throughout the year and report to the City Council; and
WHEREAS, the Neighborhood Services Coordinator will administer the PIN program by
monitoring the projects to ensure adequate completion and by approving the disbursement of
PIN funds; and
WHEREAS, the City Council deems it in the public interest to authorize and approve the
funding of those PIN grants recommended by the Neighborhood Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The City Council has reviewed the recommendations of the Neighborhood Council for
the distribution of funds under the "Program for Improving Neighborhoods" (PIN) as
outlined in Exhibit A attached, and deems it in the public interest to authorize and
approve the funding of the recommended grants so that the commencement of these
projects can begin July 1, 1995.
The Neighborhood Services Coordinator is hereby authorized and directed to administer
the PIN program by monitoring the projects to confirm improvement completion and
by approving the disbursement of PIN funds.
Passed and approved this 23rf~. day of ~la). , 1995.
Reaolutlon No. 95-123
Page 2
It was moved by Novick ._. and seconded by
adopted, and upon roll- call there were:
the Resolution be
· AYES: NAYS: ABSENT:
X
X
X
Baker
Horowitz
Kubby
~ Lehman
· Novick
· Pigott
Throgmorton
ATTACHMENT A
City of Iowa City
MEMORANDUM
MF~O
Date: May 23, 1995
To: City Council
From: Neighborhood Council - j
Marcia Klingaman, Neighborhood Services Coordinator[j~'~
Re: Program for Improving Neighborhoods (PIN) Grant Fund Recommendations
In May of 1994, the City Council allocated $25,000 to neighborhood associations for the purpose
of funding grant requests so neighborhood associations could make improvements in their
neighborhoods. The funds were made available in Fiscal Year 1996 (July 1995 - June 1996) in
the budget process. The Neighborhood Council, representatives from the neighborhood
associations, have been meeting on a regular basis throughout the last year to develop program
guidelines and the ranking criteria/process for evaluation of the applications. The applications
have been submitted, the Neighborhood Council has reviewed the requests, points have been
assigned to the applications according to the established criteria, and they have been ranked.
Originally, five (5) neighborhood associations submitted eight (8) grant applications totaling
$58,375 in neighborhood improvements. One of the applicants, Ty'n Cae Neighborhood
Association, chose to withdraw their application for improvements to Kiwanis Park ($25,000)
due to the inability to complete the improvements prior to June, 1996. The Neighborhood
Council reviewed the balance of the applications, ranked them with a point system and assigned
a funding level to each at their April 19th meeting.
A number of the grant requests included projects that involve either park improvements or
assistance by the City Forester. The neighborhoods have been working with Parks and
Recreation staff to milne these grant proposals and establish goals that fit in with plans for these
open space areas. The Neighborhood Council received the endorsement of the grant proposals
by the Park and Recreation Commission at their May 10 meeting.
The grant requests, in order of ranking by the Neighborhood Council (NC) are:
NORTHSIDE NEIGHBORHOOD ASSOCIATION
"NORTHSIDE TREES - PRESERVING OUR HERITAGE"
The Neighborhood Association is proposing that this funding be used to plant 4-6
trees on public property in the neighborhoods. The location of the trees will be
determined by a neighborhood advisory group utilizing the survey recently
completed by the Heritage Tree project. Species selection will be from unique
specimens that are not typically planted by the City such as white oak, tulip trees,
horse chestnut, sugar maples, European latch, hemlock, Kentucky coffee bean
and catalpa.
Amount Requested - $1000.00 Amount Recommended by NC - $1000.00
LONGFELLOW NEIGHBORHOOD ASSOCIATION
"LONGFELLOW TREES - PRESERVING OUR HERITAGE"
An identical proposal to the Northside application above. Similar lxees would be
planted within the Longfellow neighborhood.
Amount Requested - $1000.00 Amount Recommended by NC - $1000.00
GRANTWOOD NEIGHBORHOOD ASSOCIATION
"TREES FOR WETLANDS"
The neighborhood would utilize these funds to purchase and plant trees in the
recently completed Whispering Meadows Wetlands Park. Persons experienced
in wetlands have been consulted to select and locate these trees that would be
suitable for the wetlands environment.
Amount Requested - $5000.00 Amount Recommended by NC - $5000.00
LONGFELLOW NEIGHBORHOOD ASSOCIATION
"RALSTON CREEK RESTORATION PROJECT"
The neighborhood would make improvements to the segment of Ralston Creek
located on the property previously occupied by Advanced Drainage Systems at
1301 Sheridan Avenue. The west bank of the creek has been disrupted by the
earthwork performed recently on the site. The proposal suggests that the west
side of the creek will be graded, stabilized and planted. The neighborhood
understands that this project is contingent upon the approval of the final plan of
the subdivision by the City Council and transferring of this property to the City
as open space.
Amount Requested - $5000.00 Amount Reeommended by NC -
LONGFELLOW NEIGHBORHOOD ASSOCIATION
"LEAD TESTING OF DRINKING WATER IN SELECTED HOMES"
The levels of lead in drinking water of 25 homes in the Longfellow neighborhood
will be tested and the results distributed to all Longfellow residents in the
neighborhood newsletter. If a significant lead problem exists, a larger follow-up
testing would be explored.
Amount Requ~ed - $500.00 Amount Recommended by NC - $500.00
LONGFELLOW NEIGHBORHOOD ASSOCIATION
"TOILET RETROFIT PROGRAM"
Neighborhood residents will be selected based on inability to pay for retrofitting,
water usage and age of the resident for toilets to be replaced in their homes with
low-flow toilets. 5 toilets would be replaced with the requested funds.
Amount Requested - $875.00
Amount Recommended by NC - $875.00
FRIENDSHIP NEIGHBORHOOD ASSOCIATION
"SCOTt PARK IMPROVEMENT PROJECT"
The neighborhood would install playground equipment, a shelter with a grill and
picnic tables and an adult fitness center within the park. The neighborhood
revised their original grant request and reduced their request. The project did not
receive the full request for funding so contributions or fundraising will be
necessary to complete the above.
Amount Originally Requested - $20,000.00
Revised Amount Requested - $15,137.00
Amount Recommended by NC - $11,625.00
Complete applications are available for your review. Please contact Marcia Klingaman,
Neigh.borhood Services Coordinator at 356-5237 if you should have any questions or would like
to rewew the applications.
The City Council will consider the recommendation of the Neighborhood Council for
expenditure of the $25,000.00 in PIN funds for Fiscal Year 1996 at their meeting on May 23rd.
RESOLUTION NO. 95-124
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT
SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
WHEREAS, Chapter 28E, Code of Iowa (1993), provides, in substance, that any power which
may be exercised by a public agency of this state may be exercised jointly with another public
agency having such power, and
WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University
Heights to encourage the use of public transit by residents of University Heights, and
WHEREAS, the parties have negotiated a contract for transit service in FY96 at a rate of
$27,060.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
HEIGHTS THAT:
The FY96 Agreement between the City of Iowa City and the City of University Heights
for transit service is hereby approved, and the Mayor is hereby authorized to execute
and the City Clerk to attest same on behalf of the City of Iowa City.
The City Clerk is directed to file a copy of said agreement with the Secretary of the
State of Iowa and the Johnson County Recorder as required by Iowa Code, Section
28E.8 (1993).
Passed and approved this 23rd day of Hay ,1995.
,~ppr~ved byk,-..~ ~ ,
C'~TY CLERK /(~/- "'~ty Attorney s bffice ~-~/,f~'- ~--~-
It was moved by K~=hh¥ and seconded by
adopted, and upon roll call there were:
Novick
the Resolution be
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
jcco§lp\961¢28o.ms
RESOLUTION NO. 95-3
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FY96 AGREEMENT BETWEEN THE CITY OF UNIVERSITY
HEIGHTS AND THE CITY OF IOWA CITY FOR THE PROVISION OF TRANSIT
SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
WHEREAS, Chapter 28E, Code of Io~va (1993), provides, in substance, that any power which
may be exercised by a public agency of this state may be exercised jointly with another public
agency having such power, and
WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University
Heights to encourage the use of public transit by residents of University Heights, and
WHEREAS, the parties have negotiated a contract for transit service in FY96 at a rate of
827,060.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
HEIGHTS THAT:
The Mayor is hereby authorized to sign and the City Clerk to attest the FY96 28E agreement
between the City of University Heights and the City of Iowa City for transit service.
Itwas moved by ~.~'~raq~ and seconded by
adopted, and upon roll call ther~ were:
the Resolution be
AYES: NAYS: ABSENT:
X
x
X
x
x
Passed and approved this
From
Jacobson
Jones
Martin
__ Yarbrough
day of .Tune , 1995.
MAYOR, Donald S, Swanson
CITY CLI~RK, Jenifer M~oney
jccog{p'~96uh28e.res
FY96 28E Agreement for Transit Services
Between the City of Iowa City, Iowa
and the City of University Heights, Iowa
This Agreement, made and entered into this 13th day of June ,
1995, by and between the City of Iowa City, Iowa, and the City of University Heights, Iowa,
both municipal corporations.
WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which
may be exercised by a public agency of the state, may be exercised jointly with another public
agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by
residents of Iowa City and University Heights.
NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of
University Heights, as follows:
I. Scope of Services
The City of Iowa City shall provide public transit service to the City of University
Heights. Iowa City shall determine the scheduling of buses, the routes, and the
location of bus stops within University Heights. It is agreed that residents of
University Heights will obtain the same level of transit service as residents of Iowa City
who are served by the same routes.
II. Duration
The term of this agreement shall commence July 1, 1995, and continue through and
including June 30, 1996. On the mutual agreement of the parties, this agreement may
be extended for a one-year renewal term commencing July 1, 1996, through and
including June 30, 1997.
III. Termination
This agreement may be terminated upon 30 calendar days written notice by either
party.
IV. Compensation
The City of University Heights agrees to pay $27,060 for the provision of public transit
service as herein described during FY96. Payment shall be made in twelve monthly
payments of $2,255 each, to be received by the City of Iowa City on or before the
15th of each month, with the first said payment due on or before July 15, 1995.
Chapter 28E, Code of Iowa
In accordance with Chapter 28E of the Code of iowa, this agreement shall be filed with
the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa.
City of iowa City
Susan Horowitz, Mayor
By:
City of University Heights
Donald Swanson, Mayor
Attest~ City Clerk
~ ~,oved by~..~
~ity Attorney's Office
Attest:
City CleJ~b~,Jenifer
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ "~'-~- day of
,19 ¢/5 , before me, --%onf~.,z
otary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz andSusan .K, Nalshto me.i~e~onally known, and, who, being
by me duly sworn, did say that they are the Mayor and ~,~r~lerk, respectively, of the City
of iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ord~,,~ce) (Resolution) No. ¢5 -(Z4L
passed by the City Council, on the ~ ~.~'-7. day of 'rYe,, , 19 ~ , and
that Susan M. Horowitz and Susan .k'."~ccknowledged tl~lexecution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ._~_. day of
Ballard '
June ,19 95 ,before me, Steven E.
, a Notary Public in and for the State of Iowa, personally
appeared Donald Swanson and Jenifer Maloney , to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corpo;ation, by authority of its City Council, as contained in (Ordinance) (Resolution)
No. ~'~'~.5 passed by the City Council, on the I~>~th day of June ,
19 95 ., and that Donald Swanson and 5enifer Maloney , acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed
of the corporation, by it voluntarily executed,
iccoglp~28euhgts.agt
PAUL D. PATE
HOOVER BUILDING
STATE OF ][O%VA
DES MOINES. IOWA 50319
TEL (515) ';-81-5204
FAX (515) 242-5953
July 5, 1995
Marian K. Karr
City of Iowa City
410 E Washington St
Iowa City IA 52240-1826
RE: Filing
of 28E Agreement between the City of Iowa City
and the City of University Heights
Dear Ms. Karr :
We have received the above described agreement which
you have submitted to this office for filing, pursuant to
the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of July 5, 1995.
Sincerl ,
aul~~~~
D. Pate
Secretary of State
PDP/klw
Enclosures
RESOLUTION NO. 95-125
RESOLUTION AUTHORIZING EXECUTION OF A 28E AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE TO JOINTLY BID ON
ASPHALTIC CONCRETE STREET IMPROVEMENTS.
WHEREAS, the City of Iowa City, Iowa, as a cost-saving measure, has negotiated an
agreement with the City of Coralville, Iowa to jointly bid on aspbaltic concrete street
improvements in their respective cities; and
WHEREAS, the City Council for the City of Iowa City deems it in the public interest to enter
into said agreement with the City of Coralville, for sound fiscal reasons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
It is in the public interest to jointly bid on asphaltic concrete street improvements
within the cities' respective jurisdictions, as a cost-saving measure.
The 28E Agreement attached hereto and incorporated by reference herein is approved
as to form and content.
The Mayor and City Clerk are hereby authorized to execute and attest the 28E
Agreement with the City of Coralville, Iowa, for recordation as provided by law.
Passed and approved this 23rd day of .~!a¥ ,1995.
'"CITY CLERK
Approved ,by ·
City Attorney's Office
It was moved by ~ov±ck and seconded by
adopted, and upon roll call there were:
g, uhhy
the Resolution be
AYES: NAYS: ABSENT:
X
x
x
x
x
x
Baker
Horowitz
__. Kubby
Lehman
Novick
Pigott
__ Throgmorton
pweng\28easph.res
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE
CITY OF IOWA CiTY REGARDING JOINT BID LETTING FOR ASPHALTIO
CONCRETE STREET IMPROVEMENTS.
THIS AGREEMENT, made by and between the City of Coralville, Iowa, a municipal
corporation, hereinafter referred to as "Coralville", and the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as "Iowa City", pursuant to Chapter 28E of the Code of Iowa,
regarding a joint bid letting procedure for certain asphaltic concrete street improvements for both
cities.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to allow Iowa City on behalf of
Coralville to provide part of the contract letting procedure required by Division VI of Chapter 384
of the 1993 Code of Iowa as amended. Both Cities anticipate substantial asphaltic concrete street
improvement work during the calendar year of 1995 which will involve the contract letting proce-
dure with bids on a per unit basis. Past experience has indicated that a larger volume results in
a lesser per unit price, thereby, being advantageous to both Cities to combine their contract or
bid letting procedures.
2. PERSONNEL. Coralville and Iowa City through their own pemonnel shall each
prepare their own plans, specifications and form of contract as required by statute after which
Coralville shall submit the same to Iowa City for combining with their own for bid letting purposes
only. Iowa City as "Lead Agency," and on behalf of Coralville, shall comply with the statutory
requirements for the bid letting procedure including the awarding of the separate contract for the
Coralville podion which shall be binding upon the City of Coralville when said contract and its
accompanying insurance and bond documents have been approved by resolution of the Coralville
City Council.
3. RESPONSIBILITIES. The only responsibility of Iowa City is for this one combined
bid letting procedure with each City being responsible for their own procedures prior to and
subsequent to said bid letting. Further, it is understood that each City shall hold the other City
completely harmless regarding the other's conduct, responsibility and liability hereunder.
4. CONSIDERATION, The mutual consideration herein is the anticipated lower unit
bid price even though the respective City projects remain separate and distinct. Further, no
separate legal entity is created by this Agreement and the City Council of each City will administer
each City's duties hereunder.
5. AUTHORITY. Although Coralville may have input at the time of the bid letting, it
is agreed that Iowa City has the absolute authority on behalf of the City of Coralville to award the
Coralville contract to the same bidder being awarded the Iowa City contract.
6. FILING· This Agreement shall be filed with the Secretary of State and recorded in
the Office of the Johnson County Recorder as required by Section 28E.8 of the Code of Iowa.
Dated this 7...% day of r-~,~ ,1995,
Adys ~anna'~,,' City Clerk
STATE OF IOWA
SS;
JOHNSON COUNTY
2
CITY OF IOWA CITY
/ Susan, Florowitz, Mayor ,. - -- ')
Susan K. ~alsb,, bep~t~ City Clerk
On this I day of I'~ _, 1995, before me, the undersigned a Notary Public in
ant for the State of owa, personally appeared Allan Axeen and Arlys Hannam, to me personally
known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respective-
ly, of the City of Coralville, Iowa; a municipal corporation; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its City Council as passed by Resolution of the City
Council and Alan Axeen and Adys Hannam acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
otary Public, State of Iowa
On this ..2.~'4 day of '~. ,1995, before me the undersigned, a Notary
Public n and for the State of Iowa, pe?sonally appeared, Susan Horowitz andSusan K. ;';a~tsti'ne
personally known, who, being by me duly sworn, did say that they are the Mayor andrC~erk,
respectively, of the City of Iowa City, Iowa; a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council as passed by Resolution of
the City Council and Susan Horowitz andsusa~ K. w~'~aSc~nowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
Notary Public, State of iowa
Approved By:
City Attorney's Office, iowa city
pweng~283asphLag!
PAUL D. PATE
HOOVER BUILDING
STA'I'Ig O1" IOWA
DES ~]OINES. IOWA 50319
TEL (515) 281-5204
FAX (515) 242-5953
June 15,
Marian Karr
City of Iowa City
410 EastWashington St
Iowa City, IA 52240-1826
1995
RE: Filin9
of 28E A9reement between the City of Iowa City,
and the City of Coralville
Dear Ms. Karr:
We have received the above described agreement which
you have submitted to this office for filing, pursuant to
the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of June 15, 1995.
PDP/skr
Enclosures
Paul D. Pate
Secretary of State
RESOLUTION NO. 95-126
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
1995 ASPHALT RESURFACING PROJECT.
WHEREAS, L.L. Pelling Company of North Liberty has submitted the best bid of $612,924.55
for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The contract for the construction of the above-names project is hereby awarded to L.L.
Pelling Company of North Liberty subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 23rd day of ~la¥ ,1995.
Approved by
CITY CLERK CJty Attorney s Office
It was moved by Pi~,ott and seconded by Novick the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
to
City of Iowa City
MEMORANDUM
Date:
To:
From:
RE:
May 16, .1995
City Council
Rick Fosse, City Engineer
1995 Asphalt Resurfacing Project
The 1995 Asphalt Resurfacing Project consists of five divisions this year. They are as follows:
Division I
Iowa City Streets scheduled for asphalt overlay
Governor Street
Riverside Drive
Dodge Street
Court Street
Friendship Street
Western Road
Alley east off Gilbert
Clinton Street
Iowa Avenue
From Market St. to Brown St.
From Park Rd to 100' south of Grove St.
From Burlington St. to Bowery St.
From Muscatine Ave. to 4th Ave
From Upland Ave. to 100" east of Norwood Circle
From Hollywood Blvd. to south end
between Washington St. and College St.
RR tracks south to Lafayette St.
Gilbert St. east to 100' in westbound lane
Division II
Coralville Street
First Avenue
From Clear Creek to Fourth Street
Division III
Iowa City Streets scheduled for chip seal
Grove Street
Ridgeland Avenue
Richard Street
WooIf Avenue
Hutchinson
Taft Speedway
West of Beldon
South of Grove
At east end
North of River Street
South of Park Road
Street between Taft Speedway and Foster
Conkiln Street
North Dodge Street Court
South St. Clements
North St. Clements
Hunter Road North of Rochester
Lower West Branch Road east of Scott Blvd.
H Street West of Sixth Avenue
I Street East of Sixth Avenue
Fourth Avenue South of I Street
Nursery Lane SE
Alley nodh of Benton Street, east of Dubuque Road
Gilbert Court North of Benton Street
Slothower Road
Camp Cardinal Road
Foster Road (double seal)
Old Dubuque Road (double seal)
Sycamore South of Burns (double seal)
South Riverside North and south of Trailer Court (double seal)
Landfill Road (double seal)
Division IV
Portions of the roadway at Oakland Cemetery
Division V
Iowa City Airport
Please note that Clinton Street from the Railroad Tracks south to Lafayette is currently brick.
It is recommended for an overlay because we do not feel that restoration of the existing brick
surface will provide long-term performance at this location, and it is not a part of a historical
distdct in which brick streets will be maintained. Restoration is also significantly more
expensive. At the intersection of Governor and Brown Street we will preserve the brick
crossing. We will do what we can to improve the ride and reduce the complaints. However,
this brick crossing will eventually need to be removed or reconstructed.
The bid submitted by L.L. Pelling, and recommended for approval, is $612,924.55. The airport
portion is $60,275.00 with funding through the use of an internal loan; the Cemetery portion is
$5880.00 with funding from the General Fund. Coralville's share is $77,574.31. The remainder
of the project ($469,195.24) will be funded from Road Use Funds. The Engineer's estimate for
the total project was $618,471.00.
2
1995 ASPHALT RESURFACING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 161h day of May, 1995, and shall be
received in the City Clerk's office no later than
said dale and lime. Sealed proposals will be
opened immediately thereafter by the City Engi.
neet. Bids submitted by fax machine shall not be
deemed a "sealed bid" for purposes of this
Project, Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:30 P.M. on May 23, 1995, or at
Such later time and place as may then be sched-
uled,
The Project will involve the following:
7,100 tons of asphalt, 30,250 sq. yds. of
pavement milling, 2,300 I/n. ft, of curb repair,
96,000 sq. yds. of chip seal, and related
work.
All work is to be done in strict compliance with
the plans and specifications prepared by Richard
A. Fosse, P.E., City Engineer of Iowa City, Iowa,
which have herelofore been approved by the City
Council, and are on file for public examinaUo~ in
the Office of the City Clerk.
Each proposal shall be COmpleted on a form
furnished by the City, and must be accompanied
in a sealed envelope, separate from the one
containing the proposal by a bid bond executed
by a corporalion authorized lo contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract wilhin ten (10) calendar
days and post bond satisfacto~/ to the City
insuring the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejection
is made. Other bid bonds will be returned after
the canvass and tabulation of bids is completed
and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond lo be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
and also protect and save harmless the City from
all claims and damages of any kind caused
directly or indirectly by the operation of the
AF-1
contract, and shall also guarantee the mainte-
nance ol the improvement for a period of two (2)
years from and after its completion and formal
acceptance by the City.
The lollowing limitations shall apply to this
Project:
Working Days: 50
Late Start Date: June 5, 1995
Liquidated Damages: $150.00 per day
Exception: Division II completion July 14, 1995
Liquidated Damages: $500 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of Richard A. Fosse, P.E.,
City Engineer of Iowa City, Iowa, by bona fide
bidders.
A $10.00 non-refundable fee is required for
each set of plans and specifications provided to
bidders or other interested persons. The fee
shall be in the form of a check, made payable to
the City of Iowa City, Iowa.
Prospective bidders am advised that the City of
Iowa City desires to employ minoriF/contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractore, together with quantities,
unit prices and exlended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors is available at
the City, and can be obtained from the Human
Rights Specialist at the Iowa City Civic Center by
calling 319/356-5022.
By virtue of statutory authority, preference will
be given to products and provisions grewn and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Reciprocal
Preference Act, Section 23.21, Code of Iowa
(1991), applies to the contract with respect to
bidders who are not Iowa residents.
The City resewes the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-2
RESOLUTION NO 95-127
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING
REIIV]BURSEMENT FOR PUBLIC IMPROVEMENT OVERSIZING COSTS IN PHASE
ONE OF WHISPERING MEADOWS SUBDIVISION, PART TWO.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with CB Development,
Ltd., a copy of said agreement being attached to this Resolution and by this reference made
a part thereof, and,
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
CB Development, Ltd. for oversized pavement of Whispering Meadow, Drive and Nevada
Avenue located in Whispering Meadows Subdivision, Part Two and for oversized water main
along Whispering Meadow Drive and along Whispering Prairie Avenue located in Whispering
Meadows Subdivision, Part Two.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to execute the
agreement with CB Development, Ltd.
2. That the City Clerk shall furnish copies of said agreement to any citizen requesting
same.
Passed and approved this 23rd day of Hay ,1995.
It was moved by Kubbv and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
x
x
x
x
x
Baker
Horowitz
__ Kubby
Lehman
Novick
Pigott
, X Throgmorton
ppweng\whspovsz.res
ANCILLARY AGREEMENT BETWEEN CB DEVELOPN1ENT, LTD. AND
THE CITY OF IOWA CITY, IOWA CONCERNING REIIVIBURSEMENT OF
PUBLIC IMPROVEiVIENT OVERSIZING COSTS FOR PHASE ONE OF
WHISPERING IV]EADOWS, PART TWO
WHEREAS, CB Development, Ltd. is the developer of Phase 1 of Whispering Meadows
Subdivision, Part Two, Iowa City, Iowa, according to the recorded plat thereof, and
WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa,
have required, as a condition of the approval of said Subdivision, that the Developer shall
install paving on Whispering Meadows Drive and Nevada Avenue 36 feet in width, measured
back-to-back of the curb, and that the Developer shall install 8-inch diameter water mains
along Whispering Meadow Drive and along Whispering Prairie Avenue, and
WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said
paving in excess of 28 feet in width; said cost of such improvement being less than Twenty-
Five Thousand Dollars (925,000.00); that no bids are required pursuant to Chapter 384 of the
Code of Iowa; and that the City of Iowa City has determined that the improvement oversize
cost of 918.35 per square yard, not to exceed a sum total of nineteen thousand dollars
(919,000.00), is a fair and reasonable price for the City's share of the oversized pavement
required; and
WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said
water main in excess of 6 inches in diameter; said cost of such improvement being less than
Twenty-Five Thousand Dollars ($25,000.00); that no bids are required pursuant to Chapter
384 of the Code of Iowa; and that the City of Iowa City has determined that the oversize
costs of 92.75 per linear foot for 8-inch diameter water main installed and 9200.00 per gate
valve for 8-inch diameter gate valves installed, the surn total of which shall not exceed a total
of Five Thousand Dollars (95,000.00), is a fair and reasonable price for the City's share of the
excess diameter of the water main improvements.
THEREFORE, in consideration of their mutual promises, this Agreement is made by and
between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and CB
Development, Ltd., an Iowa Corporation (hereinafter "Developer").
NOW THEREFORE, DEVELOPER AND CITY AGREE AS FOLLOWS:
The Developer shall contract for the paving of said streets and for the installation of
said water mains, and shall be responsible for the completion of the installation of said
paving and water mains pursuant to the ordinances, rules, regulations, specifications
and procedures of the City of Iowa City, Iowa. Nothing in this agreement shall be
construed to impose a requirement on the City to install the original public improve-
ments at issue herein. Nor shall the Developer be deemed acting as the City's agent
during the original construction and installation of said public improvement.
Upon completion of the paving improvements and the acceptance of the work and the
streets by the City of Iowa City, the City shall pay to the Developer the sum of 918.35
per square yard, the sum total of which shall not exceed a total of Nineteen Thousand
Dollars (819,000.00), as full payment for the City's share of the oversize paving
improvements exceeding 28 feet in width.
Upon completion of the water main improvements and the acceptance of said work
and water mains by the City of Iowa City, the City shall pay to the Developer the sum
of 92.75 per linear foot for each foot of 8-inch diameter water main installed and
~200.00 per gate valve for each 8-inch diameter gate valve installed, together the sum
total of which shall not exceed a total of Five Thousand Dollars (95,000.00), as fu~i
payment for the City's share of the excess diameter of the water main improvements.
It is understood and agreed by and between the Parties that nothing contained herein,
nor the entering into of this Agreement by the City of Iowa City, shall be deemed to
constitute in any way a waiver of any of the ordinances, rules, regulations, specifica-
tions or procedures of the City of Iowa City, and the Developer hereby agrees to
comply with all ordinances, rules, regulations, specifications and procedures of the City
of Iowa City, and all of the laws of the State of Iowa.
Dated at Iowa City, Iowa, this zS~ day of 7~,,.~ ,1995.
CITY OF IOWA CITY, IOWA
CB DEVELOPMENT, LTD.
~'usan M. Horowitz, Mayor
Carol Barker, Presiaent & Secretary
Susan K. Walsh, O~put~, City Clerk
JOHNSON COUNTY )
On this z-/'l~day of Mm~eh, 1 995, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Carol Barker, to me personally known, who being
by me duly sworn did saythat she is the President and Secretary of the corporation executing
the within and foregoing instrument, that no seal has been procured by the corporation; that
said instru _ment was signed on behalf of the corporation by authority of its Board of Directors;
and that C~,~- ~5~R~a~- as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the corporation, by it and by her voluntarily
executed·
'Not '~ ,ALI, i,L+i~ o~,1 S~ate
· . MY S
lie of
Iowa ~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~_.~ay of ~,~, 1995, before me, the undersigned, a Notary Public in nd
for said County, in said State, personally appeared Susan M, Horowitz and Susan .~,
me personally known, who being be me duly sworn, did say that they are the Mayor andU~~z
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 o~ (;it¥ council of said
municipal corporation; and that the Susan M. Horowitz and Su~an '.~ az~]~knowledged that
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
$atahllanduse~,wmea d.ag r
RESOLUTION NO. 95-128
RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION
TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT
PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF
PREPARING NATIONAL REGISTER NOMINATIONS FOR THE PROPOSED
COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC DISTRICTS.
WHEREAS, the State Historical Society of Iowa administers the Historic Resources
Development Program (HRDP) Grant program to assist local communities with historic
preservation projects; and
WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an
application for an HRDP grant of up to $2,500 for the purpose of preparing National Register
nominations for the proposed College Green and East College Street Historic Districts; and
WHEREAS, said grant will require local matching funds of up to $2,500 which the Historic
Preservation Commission proposes to provide through funds allocated in the budget for
historic preservation activities and through in-kind costs; and
WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop
its historic resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Historic Preservation Commission is hereby authorized to file an application for an
HRDP Grant of up to $2,500 for the purpose of preparing National Register
nominations for the proposed College Green and East College Street historic districts
which will require $2,500 in matching local funds and in-kind services and supplies.
2. The Mayor is hereby authorized to sign said grant application.
It was moved by pJ~nrt and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
X
X
X
,
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
· Pigott
X Throgmorton
Passed and approved this 23rd day of
May
, 1995,
CITY CLERK
p~ladr~n~cell~e,m~