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Home My WebLink About1995-08-01 Resolution RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 72- 95, 137, 138, AND 157-174. FOR WHISPERING MEADOWS PART 2 SUBDIVI- SION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for lots 72-95, 137, 138, and 157-174 for Whispering Meadows Part 2 Subdivision as constructed by CB Development Ltd. of Iowa City, iowa. Paving improvements for lots 72-95, 137, 138, and 157-174 for Whispering Meadows Part 2 Subdivision as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed; and WHEREAS, portions of the 'above mentioned storm and sanitary sewer were constructed below the minimum required grade required by the City of Iowa City Design Standards, and WHEREAS, requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste and should not be required until their performance can be evaluated by the City, and WHEREAS, the Public Works Department has inspected and reviewed the below-minimum grade storm and sanitary sewer lines, and recommends acceptance conditioned upon the Developer assuming financial responsibility for the reconstruction of the below minimum grade storm and sanitary sewer lines if the Public Works Department certifies that they are failing to perform satisfactorily, and WHEREAS, an agreement has been negotiated between the City of Iowa City, CB Develop- ment, Ltd., and Bob and Carol Barker ("Developer"), wherein the Developer has agreed to assume the financial and actual repair responsibilities, and C.B. Development Ltd., along with shareholders Bob Barker and Carol Barker, have provided adequate security to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: it is in the public interest to accept the public improvements and to accept the storm and sanitary server systems under the terms and conditions of the Conditional Acceptance Agr. eement, as the City's interests are adequately protected. Resolution No. Page 2 Said public improvements are hereby accepte. d by the City of Iowa City, Iowa, and that all dedications and public improvements previousiy set aside as not being open for public access are hereby formally accepted and declared open for public access and use. The Mayor is hereby authorized to execute and the City Clerk to attest the Conditional Acceptance Agreement and Pledge Agreement, copies of which are attached hereto. Passed and a, pproved this day of ,1995. ATTEST: CITY CLERK pweng~whtspt,res MAYOR Approved by PLEDGE AGREEMENT THIS PLEDGE AGREEMENT made and entered into this 25th day of July, 1995, by and between Robert Barker and Carol Barker, (the "Barkers") and The City of Iowa City, Iowa (The "City"). WITNESBETH~ waSREAB, contemporaneously herewith, the Barkers, CB Development, Ltd. (the Company) and the City have entered into an Agreement for the conditional acceptance of Whispering Meadows Subdivision Part 2, Phase 1, storm sewer and sanitary sewer (Conditional Acceptance Agreement), and WHEREAS, as an inducement to the City to enter into the Conditional Acceptance Agreement, the Barkers have agreed to execute this Agreement and, pursuant hereto, to pledge the Pledged Stock, as defined in this Agreement, as security for the performance by the Company of the Company's obligations under the Conditional Acceptance Agreement. NOW, THEREFORE, in intending to be legally follows: consideration of the foregoing and bound hereby, the parties agree as 1. The term "Pledged Stock" shall mean that two thousand (2000) shares of the issued and outstanding capital stock of the Company, owned by the Barkers, together with all certificates, options, rights or other distributions issued as an addition to, in substitution or in exchange for, or on account of, any such shares, and all proceeds of all of the foregoing, now or hereafter owned or acquired by the Barkers. 2. (a) As security for the performance of the Company's obligations under the Conditional Acceptance Agreement, the Barkers hereby pledge to the City the Pledged Stock and grant the City a lien on and security interest therein. (b) If the Barkers shall become entitled to receive or shall receive, in connection with any of the Pledged Stock, any: (i) Stock Certificate, including but without limitation, any Certificate representing a Stock Dividend or in connection with any increase or reduction of capital, reclassification, merger, consolidation, sale of assets, combination of shares, stock split, spin off or split off; (ii) Option, warrant or right, whether as addition to or in substitution or in exchange for any of the Pledged Stock, or otherwise; -2 (iii) Dividend or distribution payable in property, including securities issued by other than the issuor of any of the Pledged Stock; or (iv) Dividends or distributions of any sort, then: the Barkers shall accept the same as the City's agent, in trust for the City, and shall deliver them forthwith to the City in the exact form received with, as applicable, the Barkers's endorsement when necessary, or appropriate stock powers duly executed in blank, to be held by the City, subject to the terms hereof, as part of the Pledged Stock. (c) Unless the Company shall be in default, as hereinafter defined, the Barkers shall retain all voting rights with respect to the Pledged Stock and, for that purpose, the City shall execute and deliver to the Barkers all necessary proxies. Immediately and without further notice, whether or not the Pledged Stock shall have been registered in the name of the City, the City shall have, with respect to the Pledged Stock, all other corporate rights and all conversion, exchange, subscription or other rights, privileges or options pertaining thereto as if it were the absolute owner thereof. The City shall have no duty to exercise any of the aforesaid rights, privileges or options and shall not be responsible for any failure to do so or delay in so doing. (d) Upon the occurrence of any default by the Company in the performance of its obligations under the Conditional Acceptance Agreement, which default continues for a period of twenty (20) days after written Notice of such default is received by the Company and the Barkers, the City may, without further demand or performance or other demand, advertisement or notice of any kind (except the notice specified below of time and place of public or private sale) to or upon the Barkers or any other person, forthwith realize upon the Pledged Stock or any part thereof, and may forthwith, sell or agree to sell or otherwise dispose of and deliver the Pledged Stock or any part thereof or interest therein, at public or private sale or sales, at such prices and on such terms as it may deem best, for cash or on credit, or for future delivery without assumption of any credit risk, with the right of the City or any purchaser to purchase upon any such sale the whole or any part of the Pledged Stock free of any right or equity of redemption in the Barkers, which right or equity is hereby expressly waived and released. (e) The proceeds of any such disposition or other action by the City shall be applied as follows: (i) First, to the costs and expenses incurred in connection therewith or incidental thereto or to - 3 - the care or safekeeping of any of the Pledged Stock or in any way relating to the rights of the City hereunder, including reasonable attorneys' fees and legal expenses; (ii) Second, to the satisfaction of all remaining sums due the City under the Conditional Acceptance Agreement. (iii) Third, to the Barkers to the extent of any surplus proceeds. (f) The City need not give more than fifteen (15) days' notice of the time and place of any public sale or of the time after which a private sale may take place, which notice the Barkers hereby deems reasonable° 3. The Barkers represent and warrant that: (a) They are the legal and beneficial owners of all of the Pledged Stock and that the Pledged Stock represents 100% of the issued and outstanding stock of the Company. (b) All of the shares of the Pledged Stock have been duly and validly issued and are owned by the Barkers free of any other pledge, mortgage, hypothecation, lien, charge, encumbrance or security interest in such shares or the proceeds thereof. (c) Upon delivery of the Pledged Stock to the City, this Agreement shall create a valid first lien upon and perfected security interest in the Pledged Stock and the proceeds thereof, subject to no prior security interest, lien, charge or encumbrance. 4. The following shall be events constituting a default hereunder: (a) The failure of the Company to perform any of its obligations under the Conditional Acceptance Agreement. (b) The merger, consolidation or other reorganization of the Company if, as a result thereof, the Pledged Stock shall represent less than 100% of the issued and outstanding capital stock of all classes of the entity arising out of such merger, consolidation or other reorganization. (c) The voluntary or involuntary liquidation, dissolution or revocation of the Certificate of Incorporation of the company. -4 - · (d) The issuance or sale by the Company of any additional shares of its Capital Stock, including Treasury Stock, to.the extent that the Pledged Stock would represent less than 100% of the Company's issued and outstanding capital stock. (e) The filing by or against the Company of any petition or other request for relief in any Bankruptcy Court or pursuant to any other debtor relief statute or common law in any jurisdiction including but not limited to an Assignment by the Company of its assets for the benefit or its creditors. 5. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Stock while held hereunder, the City shall have no duty or liability to preserve rights pertaining thereto and shall be relieved of all responsibility for the Pledge Stock upon surrendering it or tendering surrender of it to the Barkers. 6. The rights and remedies provided herefn are cumulative and are in addition and not exclusive of any rights or remedies provided by law, including, but without limitation, the rights and remedies of a secured party under the Uniform Commercial Code. 7. This Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. 8. This Agreement shall be construed in accordance with the laws of the State of Iowa. IN WITNESSWHEREOF, the parties hereto have duly executed this Agreement as of the day, month and year first above written. .c-~ Robert G. Barker Carol Barke~ THE CITY OF IOWA CITY, IOWA orbed By// / By By CITY OF I0 WA CITY ENGINEER'S REPORT July 24, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: Whispering Meadows Subdivision, Part 2 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Lots 72-95, 137, 138, and 157-174 for Whispering Meadows Subdivision, Part 2 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. Though some of the lines were constructed below grade and may require reconstruction in the future, C.B. Development, Ltd. has entered into an agreement wherein they accept responsibility for any reconstruction, if necessary. The required maintenance bonds and the pledge agreement referred to in the Conditional Acceptance Agreement are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by C.B. Development Ltd. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City, and that the conditional acceptance agreement between the City, C.B. Development, Ltd., and Bob and Carol Barker be executed to ensure reconstruction of the below-grade lines, if necessary. Sincerely, RicharddA. Fosse, P.E. City Engineer 410 EAST V/ASHIttOTON STREET. IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 3.~6-~009 RESOLUTION NO. 95-214 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named parson and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquqr, or wine license/permit, to wit: 6:20 - 620 S. Madison Iowa City Fall Fun Festival - 2150 Rochester Avenue It was moved by Pigott and seconded by Throgmor~nn as read be adopted, and upon roll call there were: that the Resolution AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this tst day of CITY~CLERK August , 1995 . MAYOR ~danceprm.res RESOLUTION NO. 95-215 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1995 CURB RAMP PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15th day of August, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. J The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 1st day of August ,1995. CIT~¢"CLERK Attorney's 0 ffice ,~_~7 ?_ ~.s,... It was moved by Pigott and seconded by Throgmorton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-216 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN SOUTH - PART 3A {LOTS 1 AND 12-15), PART 3B, PART 4A AND PART 4B (LOTS 51-54 & 85-68), AND DECLARING PUBLIC II~IPROVE- MENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, tile line and water main improvements for Village Green South - Part 3A (Lots 1 and 12-15), Part 3B, Part 4A and Part 4B (Lots 51-54 & 65- 68), as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Village Green South - Part 3A (Lots 1 and 12-1 5), Part 3B, Part 4A and Part 4B (Lots 51-54 & 65-68), as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this1st day of ^,,~,,~r , 1995. Approved by ~ (~i{y Attorney's Office Resolution No. 95-216 Page 2 It was moved by Pi~ott and seconded by adopted, and upon rot} call there were: Thro~morton the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF I0 WA CITY ENGINEER'S REPORT July 25, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green South- Parts 3A, 3B, 4A & 4B Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Village Green South- Part 3A (lots 1 & 12- 15), Part 3B, Part 4A and Part 4B (lots 51-54 & 65-68) has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, RichardS. Fosse, P.E. City Engineer c:\ pwMtafi~dg\villag~.e r 410 £AST WA81~INGTOt/ STRE£T · IOWA CITY, IOWA S2240-1826 · (319) ~$6-$000 · FAX (319} 3S6-5009 RESOLUTION NO. 95-217 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Five, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Pa~ Five, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 1st ATTEST: CITY-CLERK day of August , 1 995. Approved by Resolution No... 95-217 Page 2 It was moved by Pigott and seconded by adopted, and upon rol~ call there were: Thr0~morton the Resolution be · AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF I0 WA CITY ENGINEER'S REPORT July 25, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part 5 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Windsor Ridge- Part 5 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer c:\pwk~afl~rdw\windso 6.er 410 EAST WASHINOTON STREETo IOWA CITY, IOWA $2240-1826 · (Jl9) }~6-~0001 FAX (319) 356-5009 RESOLUTION NO. 95-218 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, $TORIV] SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN SUBDIVISION, PART Xlll AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Village Green Subdivision, Part XIII, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Village Green Subdivision, Part XIII, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use, Passed and approved this tst CITY'CLERK day of August ,1995. M/~YOR , Approved by ey's Office pwer~gWil§m ~ 3.res Resolution No. 95-218 Page 2 It was moved by Pi~ott and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: Baker .... Horowitz __ Kubby , Lehman x Novick __ Pigott Throgmorton the Resolution be CITY OF I0 WA CITY ENGINEER'S REPORT August 1, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green Subdivision, Part XIII Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Village Green Subdivision, Part Xlll has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, RichardS. Fosse, P.E. City Engineer c:\pwMt afi~rd'u\vill ag 13.e r 410 EAST WASHINGTON STREET * IOWA CITY. IOWA $2240.1826 · (319) 356-~000 · FAX (319) 3~6-S009 August 1 , 1995 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P__.M., on the above date. There were present Mayor Horowitz , in the chair, and the following named Council Members: Baker. Kubby. Lehman. Throgm~rton, Pigott, Horowitz Absent: N0vick -1- AHtEIt~ CO0,~EY. DOR'I~£1LER, tlAYNI£, $~,IITH & ALLB£1~, 1~. Council Member ?~ introduced the following Resolution entztIed "RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: PiKott, Thr0gmorton, Baker, Horowitz, Kubb¥, Lehman ABSENT: Novick NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Res. No. 95-219 RESOLUTION ACCEPTING WORK WHEREAS, on August 3, 1994, Iowa City, Iowa, entered into contract with All American Concrete, Inc. of North Liberty, Iowa, for the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project, within the City, as therein described; and WHEREAS, said contractor has fully completed the construction of said improvements, known as the Maiden Lane Paving and Sanitary Sewer Assessment Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by the certificate of the Engineer filed with the Clerk on 3u1¥ 26 , 1995: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby accepted as having been fully completed in accordance with the said plans, specifications and contract. The total contract cost of the improvements payable under said contract is hereby determined to be $ 26~,838.6~. Section 2. The total project cost including construction, engineering, legal and administrative costs is determined to be $ 352.500.23. -2- AHLg{L% COO]£Y, DOR~£1LgR, tlAYi~IE S~lFfH & AU~££, ATTEST: 1st day of August , 1995. PASSED AND APPROVED this -3- AIILERS. COONE¥, DORWEILER, HAYNIE, $~,11TH & ALLBEE, PC. Council Member ~.t?_..?~- introduced the following Resolution entztled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member ThroD~ortnn seconded the motion to adopt. The roll was called and the vote was, A.YES: PtEntt. ThrnEmnrtnn,fi~r, Hnrnwtt~ Kl,hhy ~ T.~hrann ABSENT: Novick NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Res. No. 95-220 RESOLUTION ORDERING PREPARATION OF FINAL PLAT A~TD SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule silowing the separate lots or parcels of ground subject to assessment for the cost of the Maiden Lane Paving and Sanitary Sewer Assessment Project, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and 85.5~9~90 % 'of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and schedule for the improvement, and filed in the office of the Clerk. PASSED ~ APPROVED this l$t day of August , 1995. ATTEST: -4- AHLER.S. C00NE'I~ DOR~,'EILER. IIAY~/I£. $~,11TII & ALLBEE, PC. CIG-3 9/9:]. CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 1st day of Auqust , 1995. Cit~-Clerk, Iowa City, Iowa SEAL ¢10714031\CIG3.fm AItLEtL% CO0,'i£'I~ DOBWEILER, 11.~¥51E, S~11Tl{ & A',J.BEE. PL CITY OF IOWA CITY ENGINEER'S REPORT luly 26, 1995 Honorable Mayor and City Council Iowa City, Iowa RE: Maiden Lane Paving and Sanitary Sewer Assessment Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Maiden Lane Paving and Sanitary Sewer Assessment Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $ 264,838.64. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer a:\engrpt.ltr A:W~N(fiLOT.LTR 410 EAST WASHINGTON STREET ,~ IOWA CITY. IOWA S2240-1126 · (]19) 3~6-]000 · FAX (]19) ~S6.]009 RESOLUTION NO. 95-221 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXI- MATELY ~03,86 ACRES, WHICH INCLUDES THE HIGHWAY 218/HIGHWAY 1 INTERCHANGE AND PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERCHANGE, WHEREAS, Kirkwood Community College owns an approximate 39.3 acre parcel of land located in the southwest quadrant of the Highway 218/Highway 1 interchange; and WHEREAS, Howard Winebrenner, on behalf of property owner Kirkwood Community College, has requested annexation of the 39.3 acre parcel into the City of Iowa City, Iowa; and WHEREAS, in order for this tract to be contiguous to the corporate limits of the City, the Highway 218/Highway 1 interchange must also be annexed; and WHEREAS, pursuant to Iowa Code § §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the City of Hills, the City of University Heights and the East Central Iowa Council of Governments; and, WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land shall be voluntarily annexed to the City of Iowa City, Iowa: Beginning at the Southwest corner of the Southeast quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian, Johnson County, Iowa; Thence NOO°32'34"E, along the West line of the Southeast Quarter of said Section 20 a distance of 1395,30 feet; Thence S89°57'26"E, along the South line of a tract of land recorded in Deed Book 767 at Pages 227-229 in Johnson County Recorder's Office, 625.4 feet; Thence N59° 14'26"W along the Soathwesterly Right-of-Way line of Primary Road 218, a distance of 396.00 feet; Thence N43°25'O5"W, 407.57 feet; Thence NOO°31'30"E along the said line 5.60 feet; Thence N17°59'OO"W along the said line 496.60 feet; Thence NO4°34'30"W along the said line 259.70 feet; Thence N31°O8'30"W, along the said line 1393.80 feet; Thence N35°O9'30"W, along the said line 162.10 feet; Thence S89°50'30"E along the North line of the Southe. ast quarter of the Northwest quarter of said Section, 386.30 feet; Thence S35°57'00"E along the Northeasterly Right-of-Way line of Primary Road 218, a distance of 726.80 feet; Thence S41 °07'30"E along the said line 282,40 feet; Thence S52°22'30"E, along the said line 140.30 feet; Thence S61°52'30"E, along said line 692.80 feet; Thence S40 o 17'29"E, 414.83 feet; Thence S 11 o 12'00"E along the said line 556.10 feet; Thence S41 o 12'00"E, along the said line 1 57.70 feet; Thence Sl 1 o 22'30"E along' said line 375.10 feet; Thence S34° 17'15"E along the said line 1686.31 feet; Thence N89°59'28"W along the South line of said Section Resolution No. 95-221 Page 2 20, a distance of 2255.00 feet to the Point of Beginning. Said parcel of land contains 103.86 acres, more or less, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record the necessary documents as required by Iowa Code §368.7 (1995). 3. Further, the City Clerk is hereby authorized end directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 1st day of Au.g,,,r , 1995. CITY CLERK Ap d .b.y._ ~/ City Attorney'.~'0ffice .. .___~.' It was moved by Lehman and seconded by adopted, ~nd upon roll call there were: Baker AYES: NAYS: ABSENT: X x ppdadmin\hwy218-1 .res x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton LOCATION HAP ANN95-0001 REZ~-0011 A TO Cl-I 001 Dear Iowa City Council, AuGust 1, 1995 I recently received notice of an application reGardinG Howard Winebrenner's request for rezoninG of approximately 39.3 acres of property located in the southwest quadrant of Hwy. 218/Hwy. 1 interchange. As a neiGhborinG property owner I would like to make the council aware of safety concerns I have in connection to the increased traffic flow this rezoninG would bring to the area. My family travels this stretch of Hwy. 1 several times daily to Get to and from our home. We have been aware of numerous accidents on and near the Hwy. 1 viaduct over Hwy. 218. In addition, my family has been in several "near misses." I would like the council to look into the frequency of accidents in this area over the past several years and determine if the highway can safely handle an increase in traffic. Note that there is poor sight distance over the viaduct from both directions and little liGhtinG in 'the area. It is my opinion that some safety recommendations need to be made and implemented before rezoninG and annexation brings even more traffic to a heavily used and d~ulGerous stretch of highway. My other concern related to traffic safety and increased traffic involves the use of Kitty Lee Rd. The intersection of Kitty Lee and Hwy. 1 is already very dangerous. As cars are leaving Iowa City on Hg~. 1 they are Generally picking up speed. However, the residents of the twenty plus homes on and around Kitty Lee are slowing down to turn. There is no turning lane, no street light, and the highway narrows at this point. I have also been in several "near misses" at this intersection. If the City of Iowa City accepts the application by Howard Winebrenner to fezone and annex the land near this intersection, then I feel an already dangerous situation becomes magnified. I realize the Kitty Lee Rd. and HwT. 1 intersection is under the Jurisdiction of the county. But I feel the city and the county must work together to make a safe area for everyone. My suGGestion would be to consider a turning lane and street light at this intersection. Thank you for your attention to this matter. I am confident the city and county will work together reGardinG these traffic concerns as outlined in this letter. Unless these concerns are corrected I would not be in favor of the proposed Winebrenner annexation and rezoning. Sincerely, Re~ina Alatalo 3671 Olde Oak Ln. SW Iowa City, IA 52240 338-9562 August 17, 1995 CITY OF I0 WA CITY Mr. Newman Abuissa, P.E. Resident Maintenance Engineer Iowa Department of Transportation PO Box 427 Iowa City, IA 52244 Dear Mr. Abuissa: The Iowa City City Council and the Johnson County Board of Supervisors have recently reviewed development proposals located along Iowa Highway 1, southwest of U.S. Highway 218 in southwest Iowa City. As part of the public hearing process regarding the proposals, property owners in that vicinity expressed some concerns about traffic safety along Highway 1 in this area. These concerns centered around the Kitty Lee Road and Naples Avenue intersections with Highway 1. The concern about the Naples Avenue intersection had to do with traffic volumes and the intersection's proximity to Highway 218. At the Kitty Lee Road intersection, concerns were expressed about traffic volumes and the roadway configuration, as Highway I narrows from two lanes down to one just as one approaches the intersection going southbound. While no traffic studies have been done to document a traffic problem in this area, the City Council and the Board of Supervisors anticipate that in the future some traffic control modifications may be necessary. We are hopeful that if a traffic safety problem is documented in this area, Iowa DOT will work with Johnson County and the City of Iowa City in assessing what changes in traffic control are needed, and will assist in funding any improvements. Neither of these intersections are within the corporate limits of Iowa City at this time, but both lie within the City's projected growth area. We will keep you apprised of any new information we receive regarding this issue. Sincerely, Mayor, City of Iowa City Charlie Duffy - u~ ~ Chair, Johnson County Board of Supervisors acT8.17 .sh 410 EAST WASHINGTON STREET · IOWA CITY, IOWA J2~40-1126 · (]19) 1~6.$000 e FAX ()19) RESOLUTION NO. 95-222 RESOLUTION SUPPORTING THE RATIFICATION OR ACCESSION BY THE UNITED STATES TO THE CONVENTION OF THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, WHEREAS, The United Nations Commission on the Status of Women formulated a document titled The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations General Assembly adopted The Convention and opened it for signature in December, 1979, and WHEREAS, the spirit of the convention is rooted in the goals of the United Nations to affirm faith in fundamental human rights, in the dignity and worlh of the human pemon, and in the equal rights of men and women and as CEDAW provides a comprehensive framework for challenging the various fomes that have created and sustained discrimination based upon sex, and WHEREAS, CEDAW, sometimes called an international Bill of Rights for women, obligates those countries which have ratified or acceded to it to take all appropriate measures to ensure the full development and advancement of women in all spheres-political, educational, employment, health cam, economic, social, legal, mardage and family relations--as well as to modify the social and cultural patterns of conduct of men and women to eliminate prejudice, customs and all other practices based on the idea of inferiority or superiority of either sex; and WHEREAS, 52 countries, including the United States, signed CEDAW during the 1980 Mid- Decade Conference for Women in Copenhagen, Denmark, and the Convention entered into force on September 3, 1981, and WHEREAS, to date 141 countries, representing over half of the world's countries, have now ratified or acceded to The Convention and yet the United States has not ratified or acceded to it, and WHEREAS, municipal governments have an appropriate and legitimate role in affirming the importance of international law in our own communities as universal norms and to serve as guides for public policy, and WHEREAS, there is a precedent for the City of Iowa City to take such an initiative to link local government support to international covenants, as it included in the 1994 City of Iowa City Ordinance the endorsement of the United Nations Convention on the Elimination of All Forms of Discrimination, and WHEREAS, the adoption would further support the initiative of the Iowa State Legislature in endorsing ratification of CEDAW, when by resolution in 1991 and along with five other states, it encouraged the United States Senate to ratify The Convention, THEREFORE, BE IT RESOLVED, that the City of Iowa City go on record in support of United States ratification or accession to The Convention, and a copy of this Resolution be sent to the President of the United States, with a copy to the Secretary of State, and to each member of the US Senate Foreign Relations Committee urging immediate action begin on The Convention, and support for the United States ratification or accession to The Convention; and Resolution No. 95-222 Page 2 BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to each member of the US Senate and to each member of the Iowa delegation in the House of Representatives, accompanied by a letter of support on City stationary. Passed and approved this 1st day of August: , 1995. ATTEST: ~~ ~, ~-~ CiTY'CLERK it was moved by Kubby adopted, and upon roll call there were: and seconded by Pigott the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton mgA~omen.ms CITY OF IOWA CITY August 4, 1995 Dear Senator: On August 1, 1995, the City Council of Iowa City, Iowa adopted unanimously the enclosed resolution, #95-222, supporting the ratification or accession by the United States to The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The United States is one of 44 countries that has not ratified the Convention, and we wish to state our strong local voice to ratifythis Convention. We in Iowa City are proud of the laws on our books to protect human rights. Through the efforts of our Human Rights Commission we have passed a Human Rights Ordinance that educates our community and confronts apathy and indifference. In addition to our Human Rights Commission endorsement of CEDAW at their May 22 meeting, 28 Iowa City community organizations have also endorsed this document. The City of Iowa City supports the prompt ratification of The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Sincerely, Susan M. Horowitz Mayor Eric, bj~resolutlon IOWA CITY IOWA I12240-1826 PHONE (319) 356-5000 FAX(319) 356.5009 WOMEN'S RIGHTS are H [iMAN RIGHTS: making international law work in our community A PUBLIC FORUM on the U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) SPEAKERS: Heather Shank, Iowa City Human Rights Coordinator James Anaya, ,UI College of Law Ellen Dorsey, Stanley Foundation Julie Ann Fishel, UI Global Studies Graduate Roberta TilI-Retz, Labor Center /~ODERATOR: Dorothy M. Paul, United Nations Association Endorsers: Local Spiritual Assembly of the Baha'is Ecumenical Peace Committee Emma Goldman Clinic for Women Human Rights Specialty Group, Associalion of American Geographers iowa City Human Rights Commission iowa City NOW Iowa Division. United Nalions Association-USA iowa Society of International Law and Affairs iowa UNIFEM Chapter Johnson County Church Women United Johnson County UNA Chapter Lalin American Human Rights Advocacy Center League of Women Voters ot dohnson County M~d-Easlern Iowa Community Mental Health Center The University of iowa African Students Association Amnesty !nlernalional, The Umversity of Iowa Center lot Internaltonal and Comparative Studies Global Studies Program international Health Program Program in Gender, Culture and Politics Program for International Development South Asian Studies Program Canter for International Rural and Environmental Health Ending Men's Violence Tuesday July 18,1995 Iowa City Public Library, Room A 7:00 p.m. The public is welcome. Refreshments will be served, donated by Barbara's Bake Shoppe, making international law work in our community A PUBLIC FORUM on the U.N. Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) SPEAKERS: Heather Shank, Iowa City Human Rights Coordinator James Anaya, ,UI College of Law Ellen Dorsey, Stanley Foundation Julie Ann Fishel, UI Global Studies Graduate Roberta TilI-Retz, Labor Center MODERATOR: Dorothy M. Paul, United Nations Association Endorsers: Local Spiritual Assembly of lhe Baha'is Ecumenical Peace CommRlee Emma Goldman Clinic for Women Human Rights Specially Group, Associalion of American Geographers Iowa Cfty Human Righis Commission Iowa City NOW Iowa Oivismn, United Nations Association-USA Iowa Society of International Law and Affairs Iowa UNIFEM Chapter Johnson County Church Women Uniled Johnson County UNA Chapler Latin American Human Rights Advocacy Center League of Women Voters of Johnson County Mid-Easlern Iowa Commumly Mental Health Center Tuesday July 1.8/1 995 Iowa City Public Library, Room A 7:00 p.m. The public is welcome, Refreshments will be served, donated by Barbara's Bake Shoppe. The Universfly ol Iowa African Students Associahon Amnesty InlernationaL The University of Iowa Center for International and Comparative Studies Global Sludies Program Internaltonal Health Program Program in Gender, Culture and Politics '~ ' Program for International Development South Asian Studies Program Center for Inlernational Rural and Environmental Heallh Ending Men's Violence Global Outreach, UNA-USA Michael McNulty. Associate Provost for Internalional Programs Women's Resource and Aclion Center Women's Studies Program Women in Science and Engineering Program (WISE) UN Convention on the Elimination of All Forms of Discrimination Against Women (C~D^W) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MA II.INGADDRESS: SIGNATURE AND TITLE (If appropriate): TEIJ~PHONE: Please mail this form to: Iowu t)Msion, LINA-LISA 20 1!. Market Street Iowa City, IA 52245 ***There will be table space available at I. he Jub t8 forum Ibr organizational material on a Jirsl-('ome basis. UN Convention on the £1imination of All Forms 'of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAff.INGADDRESS: TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAII.INGADDRESS: SIGNATURE AND TITLE (ff appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 li. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAn.nqGADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa DMsion, UNA-USA 20 li. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination o£ All Forms o£ Discrimination Against Women .-(CEDAW) I WISH TO ENDORSE CEDAW INDIVIDUAL: MAH.INGADDKESS: SIGNATURE AND TITLE (ff appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-IjSA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INI~IVIDUAL: MAII.INGADDRESS: 5z~ L.40 xb4,~4 a. SIGNATURE AND TITLE (If appro.?riate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa Git),, IA 52245 ***There will be table space available at the Jul3' 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: .T~o~,,,o... --~t_J.b'~%~' ~I~r~¥~,mo.k'~oJ. Lo~ o~/klT:~ INDIVIDUAL: MAII]NGADDRESS: ¢/~ '~c~d hoo. o ~o{ [ckln5 TELEPHONE: Please mail this form to: Iowa I)ivision, UNA-I. JSA 20 1:~ Market Street Iowa City, IA 5224.5 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. SENT BY:University of Iowa ; 6-19-95 ; 10:2o ;Internationl Studies- 319 335 3560;# 1 UN Convention on the Elimination of AH Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW INDMDUAL: lVIAIL1NGADDRiSS: Please marl this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational, material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CED.AW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: (_ MAIHNG ADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis· - UN Convention on the £1imination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDWIDUAL: blichael L. McNulty MAHJNGADDRESS: 2030 Laurence Ct. Iowa City, IA 52240 SIGNATURE ANDf TITLE (If appropriate~: TELEPHONE: (319) 351-.7045 Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, LA 52245 ***There will be table space available at the July l 8 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ORGANIZATION: INDIVIDUAL: I WISH TO ENDORSE CEDAW MAlI.INGADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, I. INA-USA 20 I!. Market Street Iowa City, IA 52245 ***There will be tatlie space available at tile July 18 forum for organizational material on a firstscome basis. UN Convention on t. he .Eli.min.ation of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGAN2ATION: INDIVIDUAL: MAn .1NG ADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa DMsion, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the Jul), 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ORGANIZATION: INDIVIDUAL: MAILING ADDRFfS: I WISH TO ENDORSE CEDAW SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, LINA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table apace available at the Juls' 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (C~EDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAII.INGADDRESS: SIGNATURE AND TITLE (ff appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 l!. Market Street Iowa (:it),, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Himination of All Forms of Discrimination Against Women (CEDAW) I WISIt TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: .C t-[ kl MAIIJNGADDRF$S:~_ ~{ ~), "[ .. /k,]C). SIGNATURE . / ~.'~ ~ ('~"/~/""'~ AND TITI,~ ( If app~/ca.,pria re): TELEPHONE: ,-~/? ~. 3 7._ Please mail this form Io: Im~a I~i',~sion, [IN,'vLI._~A dJ) J. Market Stre('L *"'There will be mblexpm'u.,~.ulahl, .,i Ihu Jul) 18 h~rum [-r nrgani~alional nmtcriaJ 011 L{ J'i ',~ -~ ~111~ JJ,~.~l~ THE WHITE HOUSE WASHINGTON November 30, 1994 'Ms. Dorothy M. Paul 608 Larch Lane Iowa City, Iowa 52245 Dear Dorothy: Thank you for your letter. I share your deep concern about tl~e rights of women and children, and my Administration is working hard to meet this crucial challenge. I have long sought to emphasize tile importance of protecting and promoting women's rights in the international community. My Administration firmly supported provisions on women's rights. at the Second World Conference on Human Rights last summer, and we have moved to incorporate women's concerns into U.S. assistance and refugee programs mid population policy. We are funding projects around the world to advance women's rights, and we are working closely with the United Nations to ensure sensitivity and competence in addressing gender-based issues. My Administration strongly supports the U.N. Convention on the Elimination of Discrimination Against Women (CEDAV0, and I have urged its prompt ratification. The United States' participation in the work of the U.N. Committee on the Elhnination of Discrimination Against Women, which oversees implementation of the treaty, will enable our nation to play an even more active and effective role in articulating and advancing the principles of nondiscrimination and equality for all women. With regard to the U.N. Convention on the Rights of the Child, the Department of State is conducting a thorough review of this treaty to deternfine the feasibility of signature and ratification. My Administration is firmly committed to the goals of the Convention. To a much greater extent than human rights treaties we have ratified previously, however, the Children's Convention treats a range of issues that have traditionally fallen within the jurisdiction of state and local governments. The review process currently under way is an important means of ensuring that the United States can address the federalism issues presented by the Convention. As we move forward in our efforts, I appreciate your interest. Sincerely, UN Convention on the £1imination of All Forms 'of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAII.INGADDRESS: SIGNATURE AND TITLE (If appropriate): ('/~.O. t %_- TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the july 18 forum for organizational material on a first-come basis. UN Convention on the £1imination of All Forms ~o£ Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MArriNGADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first~come basis. UN Convention on the Elimination of All Forms 'of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: MAII.INGADDRESS: ~-~o SIGNATURE AND T,J,TJ~E (4f~ppropriate): TF.I.EPHONE: 3 2~ 5' - 0 ~ -' ~ Please mail this form to: Iowa Division, UNA-USA 20 E Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: ~,~ SIGNATURE AND TITLE (If appropriate): TELEPHONE: ' 1/q ,, 1 ~ S - 01 5 q Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the Jul), 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms 'of Discrimination Against Women (CEDAW) ORGANIZATION: INDIVIDUAL: MAIlINGADDRESS: I WISH TO ENDORSE CEDAW SIGNATURE AND TITLE (If appropriate): TEI.EPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAI1.1NG ADDRESS: SIGNATURE AND TITLE (If appropriate): TE~PHONE: }'lease mail this form to: Iowa Division, UNA-USA 20 l!. Market Street Iowa City, IA 522,15 ***There will be table space available at the Jul3' 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAr[.INGADDRFSS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 L:. Market Street Iowa Cily, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (.:CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAIZINGADDRESS: ~27 q2 SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa DMsion, UNA-USA 20 1~. Market Street Iowa City, IA 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the £1imination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAI1.1NGADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***There will be table space available at the Jul), 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAFI.1NG ADDRESS: SIGNATURE AND TITLE (If acpp_ropriate): c TEI~:PnON~: 3 ~' G~ 3~ Please mail this form to: Iowa Didsion, tlNA-tlSA 2(I I!. Market Street Iowa (:it), IA T224~ ***There will be table space available at the July 18 h~rum Ibr or,tblnlZUllonal material on ,1 first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) . I WISH TO ENDORSE CEDAW ORGANIZATION: INI3IVIDUAL: MAn.INGADDRESS:__ SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 IL Market Street Iowa City, IA 52245 ***There will be table space available at the Jul), 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: INDIVIDUAL: MAII.ING ADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa DMsion, UNA-USA 20 E Market Street Iowa City, 1A 52245 ***There will be table space available at the July 18 forum for organizational material on a first-come basis. UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) I WISH TO ENDORSE CEDAW ORGANIZATION: \ .Or ~y...k x INDIVIDUAL: MAn.INGADDRESS: SIGNATURE AND TITLE (If appropriate): TELEPHONE: Please mail this form to: Iowa Division, UNA-USA 20 E. Market Street Iowa City, IA 52245 ***Timre will be table space available at the July 18 forum for organizational material on a first*come basis. THE WHITE HOUSE WASHINGTON November 30, 1994 Ms. Dorothy M. Paul 608 Larch Lane Iowa City, Iowa :52245 Dear Dorothy: Thank you for your letter. I share your deep concern about the rights of women and ctfildren, and my Administration is working hard to meet this crucial challenge. I have long sought to emphasize the importance of protecting and promoting women's fights in the international community. My Administration firmly supported provisions on women's rights a! the Second World Conference on Hnman Rights last summer, and we have moved to incorporate women's concerns into U.S. assistance and refugee progrmns and population policy. We are funding projects around the world to advance women's fights, and we are working closely with the United Nations to ensure sensitivity and competence in addressing gender-based issues. My Administration strongly supports the U.N. Convention on the El~ination of Discrimination Against Women (CEDAW), and I have urged its prompt ratification. The United States' participation in the work of the U.N. Committee on the Elimination of Discrimination Against Women, which oversees implementation of the treaty, will enable our nation to play an even more active and effective role in articulating and advancing the principles of nondiscrimination and equality for all women. With regard to the U.N. Convention on the Rights of the Child, the Department of State is conducting a thorough review of this treaty to determine the feasibility of signature and ratification. My Administration is firmly committed to the goals of the Convention. To a much greater extent than human fights treaties we have ratified previously, however, the Children's Convention treats a range of issues that have traditionally fallen witlfin the jurisdiction of state mid local governments. The review process currently under way is an important means of ensuring that the United States can address the federalism issues presented by the Convention. As we move forward in our efforts, I appreciate your interest. Sincerely, Resolution No. Page 2 BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to each member of the US Senate and to each .member of the Iowa delegation in the House of Representatives, accompanied by a letter of support on City stationary. Passed and approved~th.~ ATTEST: CITY CLERK It was moved by t ~e~wer adopted, and upon roll call AYES: / N,~¥S: day of ~'~ , 1995. MAYOR~ i\..~"nd seconded by ABSENT: Approved by City Attorney's Office the Resolution be Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton RESOLUTION NO, 95-223 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF HILLS AND THE CITY OF IOWA CITY REGARDING ANNEXATION AND EXTRATERRI- TORIAL REVIEW OF SUBDIVISION PLATS. WHEREAS, the cities of Hills and Iowa City have established long-range growth areas which are mutually exclusive; and WHEREAS, the cities of Hills and Iowa City have used sewer service area as a principal criterion for the establishment of said Ion~g-range growth areas; and WHEREAS, Section 354.9 of the Code of Iowa (1995) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonab]e standards and conditions for review of subdivisions within overlapping two-mile areas of extraterritorial jurisdiction via agreements pursuant to iowa Code Chapter 28E (1995), NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Iowa Code Chapter 28E Agreement with the City of Hills, which is attached hereto and incorporated by this reference, Said Agreement is hereby approved as to form and content, and is found to be in the best interests of the City of Iowa City, iowa, The City Clerk is hereby authorized to record a certified copy of this resolution, with the executed agreement attached, in the Johnson County Recorder's Office and to file a coF. y of the resolution and agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1995). The Clerk is directed to request a copy of the returned recorded document for the permanent file maintained by the City Clerk, Passed and approved this 1st day of ^u~;ust , 1995. CITY CLERK jccoglp~28el~lb.res MAYOR L,.,] .,,/ . Reaolut]on No. 95-223 · Page 2 It was moved by_ P~gn~r and seconded by adopted, and upon rol~ call there were: the Resolution be · AYES: NAYS: ABSENT: .7, · Baker Horowitz Kubby Lehman .... Novick Pigott Throgmorton AGREEMENT WHEREAS, the City of Hills, Johnson County, Iowa and the City of Iowa City, Johnson County, Iowa are municipal corporations, duly authorized and existing as said municipal corporations pursuant to the laws of the State of Iowa, and WHEREAS, Chapter 354 of the Code of Iowa (1995) establishes that a City may have jurisdiction over subdivision plats proposed for unincorporated areas within two miles of the city limits of the city and that jurisdiction must be established by ordinance, and WHEREAS, the corporate limits of the City of Hills and the City of Iowa City are located within two miles of each other, and the jurisdiction of said cities to review subdivisions overlaps, and WHEREAS, the City of Hills and the City of Iowa City have established their intent to review and approve subdivision plats within two miles of their respective corporate boundaries, and WHEREAS, Chapter 354 and Chapter 28E of the Code of Iowa (1995) requires that if cities establish review outside their boundaries, cities shall establish reasonable standards and conditions for review of subdivisions within the two mile area, and when jurisdiction for said review overlaps with another city, those cities may enter into 28E agreements establishing the terms and conditions for review by the cities, and WHEREAS, the City Councils of the City of Hills and City of Iowa City deem it in the public interest to enter into a 28E agreement establishing the terms and conditions for the review of subdivisions within the overlapping two mile area. IT IS AGREED AS FOLLOWS: Designated Area for Review. Given the location of the corporate limits of the City of Hills and the City of Iowa City and the subdivision review jurisdictions within two miles of each City, jurisdiction for review of subdivisions proposed for areas outside tim corporate limits of either city, shall be as follows: Iowa Clty: Iowa City shall have review juriediction over all subdivisions located north of the line along the north line of the south one-half (½) of the south one- 2 half (½) of sections 1,2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian. Hills: Hills shall have review jurisdiction over all subdivisions located south of the line along the north line of the south one-half (~) of the south one-half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian. Overlapping Subdivision. In the event that any proposed subdivision shall be located both above and below the line along the north line of the south one-half (½) of the south one-half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian, Iowa City and Hills shall have joint jurisdiction over said subdivision. Standards of Review. The standards of review for the area designated to each city shall be the same or a lesser standard of review used for review and approval of subdivisions in each city and neither city shall establish standards for review in the designated area that require conditions or terms that are more restrictive than those required for approval of subdivisions within their respective cities. In addition, Iowa City and Hills acknowledge the provisions of Section 354,10 of the Code of Iowa (1995) setting out the rights of an aggrieved party to appeal the denial of approval of a plat by Iowa City, Hills, or Johnson County and the grounds for said appeal. However, if the subdivision applicant agrees to waive any time limits for governing body review imposed by ordinance or statute, said waiver by the applicant shall serve to likewise waive the second governing body's right of appeal based on exceeding time limits for review. Johnson County. Iowa City and Hills acknowledge that Johnson County has established standards for review and approval of subdivisions within Johnson County. Nothing contained in this agreement shall act to diminish the authority of Johnson County to review and approve plats in the unincorporated area. Annexation. This agreement shall remain in effect notwiths{anding annexation by either the City of Hills or the City of Iowa City within the areas designated for their 3 review and approval of subdivisions as long as said annexations do not annex territory within one quarter section of the line located along the north line of the south one-half (½) of the south one-half (~) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian. Term. This agreement shall remain in effect until modified or canceled by the joint agreement of the City Councils of Hills and Iowa City, or in the event an annexation by either city shall be located within said one quarter section of the line located along the north line of the south one-half (½) of the south one-half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian, this agreement shall be terminated. Recordation. This agreement shall be recorded in the office of the Recorder of Johnson County, Iowa and the Secretary of the State of Iowa's office as required by Chapter 28E of the Code of Iowa (1995) upon its final approval by the City Council of Hills and the City Council of Iowa City. /~sT- , 1995. Executed on this / ~-~ day of CITY OF IOWA CITY, IOWA CITY OF HILLS, IOWA Susan M. Horowitz, Mayor B. R~sell Bailey, Mayo~- ATTEST:~ ~.-~ City ~31erk Approved by C~/~ Clerk City Attorney's Office Iccogadm~ubd~ow~.280 PAUL D. PATE August 9, 1995 HOOVER BUILDING STATE OF I O%VA DES MOINES. IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 Marian K Karr City Clerk of Iowa City 410 E Washington St Iowa City IA 52240-1826 RE: Filing of 28E Agreement between the City of Hills and the City of Iowa City 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 August 9, 1995 Sincerly, Secretary of State PDP/klw Enclosures JCCOG memo Date: July 14, 1995 To: Iowa City Planning & Zoning Commission From: Jeff Davidson, Executive Director ~,~ Re: Proposed land use agreement between the City of Iowa City and the City of Hills governing extraterritorial review and annexation The attached agreement has been negotiated between the City of Iowa City and the City of Hills. If adopted, the agreement would define a boundary between the City of Iowa City and the City of Hills governing extraterritorial review of County subdivisions and annexation. State law permits agreements of this nature between municipalities with overlapping two-mile extraterritorial review areas. The aftached color figure shows the location of the proposed boundary line between Iowa City and Hills. The overlapping two-mile extraterritorial review area between Iowa City and Hills is complicated by the Hills corporate limits extending up to Iowa City along the CRANDIC Railroad right-of- way. In accordance with State law, County subdivisions in this area are currently reviewed by whichever city is closest. This has resulted in subdivisions much closer to Iowa City instead being reviewed by the City of Hills because of the railroad right-of-way. The proposed agreement would remedy this situation and clearly define the boundary line for extraterritorial review. The boundary line would also be used for future annexations by both cities. The agreement has been approved in principle by the Hills City Council. I will attend your July 17 work session to answer any questions you have. bc3-4JD AGREEMENT WHEREAS, the City of Hills, Johnson County, Iowa and the City of Iowa City, Johnson County, Iowa are municipal corporations, duly authorized and existing as said municipal corporations pursuant to the laws of the State of Iowa, and WHEREAS, Chapter 354 of the Code of Iowa (1995) establishes that a City may have jurisdiction over subdivision plats proposed for unincorporated areas within two miles of the city limits of the city and that jurisdiction must be established by ordinance, and WHEREAS, the corporate limits of the City of Hills and the City of Iowa City are located within two miles of each other, and the jurisdiction of sa'd c'tms to rev ew subd~vis ons overlaps, and WHEREAS, the City of Hills and the City of Iowa City have established their intent to review and approve subdivision plats within two miles of their respective corporate boundaries, and WHEREAS, Chapter 354 and Chapter 28E of the Code of Iowa (1995) requires that if cities establish review outside their boundaries, cities shall establish reasonable standards and conditions for review of subdivisions within the two mile area, and when jurisdiction for said review overlaps with another city, those cities may enter into 28E agreements establishing the terms and conditions for review by the cities, and WHEI~EAS, the City Councils of the City of Hills and City of Iowa City deem it in the public interest to enter into a 28E agreement establishing the terms and conditions for the review of subdivisions within the overlapping two mile area. IT IS AGREED AS FOLLOWS: Designated Area for Review. Given the location of the corporate limits of the City of Hills and the City of Iowa City and the subdivision review jurisdictions within two miles of each City, jurisdiction for review of subdivisions proposed for areas outside the corporate limits of either city, shall be as follows: Iowa City: Iowa City shall have review jurisdiction over all subdivisions located north of the line along the north line of the south one-half (½) of the south one- 2 half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian, Hills: Hills shall have review jurisdiction over all subdivisions located south of the line along the north line of the south one-half ( ½ ) of the south one-half (½) of sections 1,2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian. Overlapping Subdivision. In the event that any proposed subdivision shall be located both above and below the line along the north line of the south one-half (½} of the south one-half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian, Iowa City and Hills shall have joint jurisdiction over said subdivision. Standards of Review. The standards of review for the area designated to each city shall be the same or a lesser standard of review used for review and approval of subdivisions in each city and neither city shell establish standards for review in the designated area that require conditions or terms that are more restrictive than those required for approval of subdivisions within their respective cities. In addition, Iowa City and Hills acknowledge the provisions of Section 354,10 of the Code of Iowa (1995) setting out the rights of an aggrieved party to appeal the denial of approval of a plat by Iowa City, Hills, or Johnson County and the grounds for said appeal. However, if the subdivision applicant agrees to waive any time limits for governing body review imposed by ordinance or statute, said waiver by the applicant shall serve to likewise waive the second governing body's right of appeal based on exceeding time limits for review. Johnson County. Iowa City and Hills acknowledge that Johnson County has established standards for review and approval of subdivisions within Johnson County. Nothing contained in this agreement shall act to diminish the authority of Johnson County to review and approve plats in the unincorporated area. Annexation. This agreement shall remain in effect notwithstanding annexation by either the City of Hills or the City of Iowa City within the areas designated for their 3 review and approval of subdivisions as long as said annexations do not annex territory within one quarter section of the line located along the north line of the south one-half (½) of the south one-half (~) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian. Term. This agreement shall remain in effect until modified or canceled by the joint agreement of the City Councils of Hills and Iowa City, or in the event an annexation by either city shall be located within said one quarter section of the line located along the north line of the south one-half {½) of the south one-half (½) of sections 1, 2, 3, 4, and 5, in Township 78 North, Range 6 West of the 5th Principal Meridian, this agreement shall be terminated. Recordation. This agreement shall be recorded in the office of the Recorder of Johnson County, Iowa and the Secretary of the State of Iowa's office as required by Chapter 28E of the Code of Iowa (1995) upon its final approval by the City Council of Hills and the City Council of Iowa City. Executed on this day of ,1995. CITY OF IOWA CITY, IOWA CITY OF HILLS, IOWA By: Susan M. Horowitz, Mayor By: Russell Bailey, Mayor ATTEST: ATTEST: City Clerk City Clerk Approved by City Attorney's Office jccogadm~subdte~.28e RESOLUTION NO. 95-224 A RESOLUTION VACATING THE PLAT OF FOX HOLLOW SUBDIVISION, JOHNSON COUNTY, IOWA WHEREAS, the owner, Courthey T. Harris, filed with the City Clerk of Iowa City, Iowa an application to vacate the plat of Fox Hollow Subdivision; and WHEREAS, the Department of Planning and Community Development and the Public Works Department reviewed the requested vacation and recommended approval; and WHEREAS, the Planning and Zoning commission reviewed the requested vacation and, after due deliberation, recommended approval. NOW, THEREFORE, BE I.T RESOLVED BYTHE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: 1. The plat of Fox Hollow Subdivision, Johnson County, Iowa, is hereby vacated. As required by Iowa Code §354.22 (1995), the City Clerk is directed to record the Resolution with the Johnson County Recorder at the owner's expense. Passed and approved this. 1st day of August , 1995. It was moved by Kubby and seconded by adopted, and upon roll call there were: MAYOR ~) / A by / . ThroRmortoa the Resolution be AYES: NAYS: ABSENT: x x X x X Baker Horowitz Kubby Lehman Novick · Pigott Throgmorton ppdadmtn',f o xho~ow.res RESOLUTION NO, 95-225 RESOLUTION APPROVING FINAL PLAT OF BOYRUM SUBDIVISION, PART 4, IOWA CITY, IOWA, WHEREAS, the owner, Blackhawk Partners, filed with the City Clerk the final plat of Boyrum Subdivision, Part 4, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following*described real estate in Iowa City, Johnson County, Iowa: Beginning at the Northwest Corner of Lot 1, of Boyrum Subdivision, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 13, of the Records of the Johnson County Recorder's Office; Thence S72 o 57'14"E, along the North Line of said Lot One, and the South Right-of-Way Line of U.S. Highway No. 6, 72.52 feet; Thence Southeasterly, 720.47 feet, along said North and South Line, on a 14225.00 foot Radius Curve, concave Southwester- ly, whose 720.39 foot chord bears S71°30'16"E, to the Northeast Corner of said Lot 1; Thence Southwesterly, 183.78 feet, along the Easterly Line of Said Lot 1, on a 533.00 foot Radius Curve, concave Southeasterly, whose 182.87 foot chord bears S04°35'40"W; Thence S05°17'00"E, along said Easterly Line, 10.36 feet; Thence Southeasterly, 40.75 feet, along said Easterly Line, on a 467.00 foot Radius Curve, concave Northeasterly, whose 40.74 foot chord bears S02°47'00"E; Thence S00°17'00"E, along said Easterly Line, 4.93 feet, to the Northeast Corner of Boyrum Subdivision, Part 2, in accor- dance with the Plat thereof Recorded in Plat Book 24, at Page 12, of the Records of the Johnson County Recorder's Office; Thence S89°41'00"W, along the North Line of said Boyrum Subdivision, Part 2, 164.37 feet, to the Northwest Corner thereof; Thence SO0° 17'00"E, along the West Line of Said Boyrum Subdivision, Part 2, 478.12 feet, to a Point on the North Line of Braverman Center, Parts 1 and 2, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 93, of the Records of the Johnson County Recorder's Office; Thence S87°29'40"W, along the North Line of said Braverman Center Parts 1 and 2, and the Westerly Projection thereof, 418.56 feet, to its intersection with the Easterly Right-of-Way Line of Waterfront Drive, as presently located; Thence NO8°55'45"W, along said Easterly Right-of-Way Line, 172.00 feet; Thence N45°38'50"W, along said Easterly Right-of-Way Line 123.87 feet, to its intersection with the Easterly Right-of-Way Line of the CRANDIC Railroad Company; Thence NO4°OO'10"W, along said Easterly Railroad Right-of-Way Line, 152.44 feet; Thence N03°37'41 "W, along said Easterly Right-of-Way Line, 84.98 feet, to the Southwest Corner of Lot One of Said Boyrum Subdivision; Thence NO3°51'OO"W, along the Westerly Line of said Lot 1, 250.00 feet; Thence NO2°58'22"W, along said Westerly Line, 242.83 feet, to the Point of Beginning. Said Tract of Land contains 11.67 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and Resolution No. 95-225 Page 2 WHEREAS, a dedication has been made tothe public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk of the City of Iowa City shall then record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the owner's expense. Passed and approved this 1.~ day of August , 1995. CITY'CLERK It was moved by ?±gott and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: x x X X X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton p pdadmin\boyrm fin.¢es RESOLUTION NO. 4,~ RESOLUTION APPROVING FINAL PLAT OF BOYRUM SUBDIVISION, PART IOWA CITY, IOWA. . the owner, Blackhawk Partners, filed with the City Clerk the final p/f Boyrum art 4, Iowa City, Johnson County, Iowa; and WHEREAS, ibdivision is located on the following-described real eCe in iowa City, Johnson County, J Beginning at accordance with Records of the the North Line of Highway No. 6, North and South Line ly, whose 720.39 said Lot 1; Thence Lot 1, on a 533.00 foot foot chord bears S04°," Line, 10.36 feet; Thence on a 467.00 foot Radius Curve chord bears S02°47'00"E; 4.93 feet, to the Northeast Corner dance with the Plat thereof Reco~ Records of the Johnson along the North Line of said Northwest Corner thereof; ;e Boyrum Subdivision, Part Braverman Center, Parts in Plat Book 19, Office; Thence S87° Northwest Corner of Lot 1, of Boyrum Plat thereof Recorded in Plat. Beck 19, .n County Recorder's Office; Thence ,c Lot One, and the South ~et; Thence Southeasterly, 4225.00 foot I bears S71°30'16"E ~dy, 183.78 feet ~'urve, Thence 4( Parts 1 and 2, a~ the Westerly Projection Easterly Right-of-Way Line of Thence NO8°55'45"W, along said Thence N45°38'50"W, along said to its intersection with the Easterly Company; Thence NO4°00'10"W, ht-of-Way Line, 152.44 feet; Thence N03°3 intersection presently Iocat Line, 172.00 Line 123,8' C Railroac Sai in Page 13, of the along Line of U.S. feet, along said ~ncave Southwester- Northeast Corner of the Easterly Line of Said y, whose 182.87 along said Easterly feet, along said Easterly Line, y, whose 40.74 foot i, along said Easterly Line, frum Subdivision, Part 2, in accor- Plat Book 24, at Page 12, of the Office; Thence S89°41 '00"W, Part 2, 164.37 feet, to the E, along the West Line of Said 2 feet, Point on the North Line of 2, in accordance :hthe Plat thereof Recorded . of the Records of the mson County Recorder's along the North Line said Braverman Center 418.56 feet, to its aterfront Drive, as Right-of-Way ly Right-of-Way fay Line of the ;aid Easterly along said )artment examined the proposed final plat and subdivision Right-of-Way Line, 84.98 feet, to the Southwest Corner of One of ,rum Subdivision; Thence NO3°51'00"W, along the Wested Line of Lot 1, 250.00 feet; Thence NO2°58'22"W, along said Line, feet, to the Point of Beginning. Said Tract of~L~a-fi'd%"ont~ more or less, and i~-sub subject to easements,andVof record. - \, the Department of Planning and Community and recommended orks ~1; WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and STAFF REPORT To: Planning & Zoning Commission Item: SUB95-0021, Boyrum Subdivision, Part 4 GENERAL INFORMATION'. Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Robert Miklo Date: July 6, 1995 Blackhawk Partners P.O. Box 3100 Iowa City, IA 52244 Final plat approval. Subdivision into three commercial lots. South of Highway 6 between Boyrum Street and Waterfront Drive. 11.67 acres. Commercial - CC-2. North - Commercial; C1-1. East - Commercial; C1-1, CC-2. South - Commercial; C1-1. West- Commercial; C1-1, CC-2. Commercial, Zoning and Subdivision Code. May 25, 1995. July 10, 1995. July 25, 1995. Municipal water and sanitary sewer services are available to the property. The sanitary sewer line will be reconfig- ured to allow construction on Lot 3. Police and fire protection will be provid- ed by the City. Refuse collection will be provided privately. 2 Transportation: Access to the property is from Boyrum Street on the east and from Waterfront Drive on the west. Transit service is provided by the Lakeside Route which travels on Waterfront Drive. Physical characteristics: The property is generally level and contains existing commercial develop- ment on Lots 1 and 2 and the northern portion of Lot 3. An area of hydric soils is located on the previously developed portion of the property. BACKGROUND INFORMATION: The preliminary plat of Boyrum Subdivision Part 4 was approved by the City Council in April. The applicants are now requesting final plat approval to allow subdivision of the 11.67 acre tract into three commercial lots. Proposed Lot 1 contains the current Hy-Vee Food Store located south of Highway 6. Proposed Lot 2 contains the existing Drugtown store at the intersection of Boyrum Street and Highway 6. The proposed Lot 3 currently contains Contractor's Tool & Supply and vacant land. Lot 3 is proposed to be the site of a new Hy-Vee Food Store. The majority of Lot 3 was recently rezoned from Cl-1, Intensive Commercial, to CC-2, Community Commercial. The remainder of the subdivision is zoned CC-2, ANALYSIS: As submitted, the proposed plat of Boyrum Subdivision, Part 4 generally complies with the zoning and subdivision regulations. The plat contains deficiencies and discrepancies which are noted at the end of this report. These deficiencies and discrepancies must be resolved prior to final plat approval. Construction plans and drawings have been submitted and are being reviewed by the Public Works Department, These plans and drawings must be approved by the Public Works Department prior to City Council consideration of the final plat. Legal papers have been submitted. These papers contains deficiencies and discrepancies which must be resolved. The papers must be approved by the City Attorney's Office prior to City Council consideration of the final plat. The legal papers should address the reconstruc- tion of Waterfront Drive south of this subdivision. The Conditional Zoning Agreement obligates Hy-Vee to pay 50% of the reconstruction cost or (;60,000, whichever is less. STAFF RECOMMENDATION: Staff recommends that the final plat of Boyrum Subdivision Part 4 be deferred pending resolution of the following deficiencies and discrepancies. Upon resolution of these issues, staff recommends approval subject to approval of the construction plans and legal papers prior to City Council consideration of the final plat. DEFICIENCIES AND DISCREPANCIES: 3 The plat boundaries and legal description contain conflicts. These dimensions or the legal description must be corrected to coincide with one another. Easements are needed for the internal water main and for the existing water main located adjacent to the north side of the Drugtown building, The manhole proposed at the southwest corner of Lot 3, should be located closer to Waterfront Drive. This will require the adjustment of the location of the sanitary sewer easement, ATTACHMENT: 1. Location Map. 2. Final Plat. ~subOO21,rm Approved by: ~(~~ Ka)4n Franklin, Director D~partment of Planning and Community Development LOCATION HAP SUBG$-00ZI BOYRUN SUBDIVISION, PART - CO'i] Ill .................. 0'0 RESOLUTION NO. / '., RESOLUTION APPROVING FINAL PLAT OF LONGFELLOW MANOR, IOWA CITY, IOWA. WHEREAS, the owners, James J. O'Brien and the Breese Co., Inc., filed with the City Clerk the final plat of Longfellow Manor, Iowa CiW, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-deScribed real estate in Iowa City, Johnson County, Iowa: Beginning at a Point where the West Line of the East One-Half of the Northwest Quarter of Section 14, Township 79 North, Range 6 West, of the Fifth Principal Meridian intersects the North Line of the Chicago, Rock Island and Pacific Railway Company's Northerly Right-of-Way line; Thence Northwesterly 32.05 feet along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve, concave Southwesterly whose 32.05 foot chord bears N71 o 17'10"W; Thence N01o59'00"W, along a line Parallel with and 30.00 foot normally distant Westerly of the West Line of the East One-Half of said Northwest Quarter, 612.25 feet, to a Point on the Southerly Right-of-Way Line of Sheridan A~/enue; Thence S90°00'00"E~ along said Southerly Right-of-Way Line, 430.00 feet, to the Northwest Corner of Lot 1, Block 6, of the "Plat of Rundell," in accordance with the Plat thereof, Recorded in Plat Book 1, at Page 130 of the Records bf the Johnson County Recorder's Office; Thence S08°00'00"E, along the Westerly Line of said Lot 1, and the Southeasterly projection thereof, 836.27 feet, to a Point on said Northerly line of the Chicago, Rock Island, and Pacific Railway Company's Right-of-Way; Thence Northwesterly 536.36 feet, along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve concave Southwesterly, whose 535.99 foot chord bears N67°24'06"W, to the Point of Beginning. Said Tract of Land contains 7.64Acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and 'the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local reqairements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portio.ns of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this day of , 1994. ATTEST: CITY CLERK' It was moved by adopted, and upon roll call there were: MAYOR and seconded by the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott __ Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB94-0012. Longfellow Manor Final Plat GENERAL INFORMATION: Applicant: Requested action:. Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Melody Rockwell Date: September 1, 1994 Breese Co./James O'Brien 329 S. Lucas Street Iowa City, IA 52240 Phone: 338-0061 Approval of a final plat. To permit construction of single-family residences or duplexes on 20 lots. 1301 Sheridan Avenue Approximately 7.64 acres. Vacant (former ADS manufacturing site); RS-8. North - East - South - West - Single-family residential; RS-8, Single-family residential; RS-8. Iowa Interstate Railway, single- family residential; RS-5. Single-family residential, multi- family residential; RS-8, RM- 12. Low density residential; 2-8 dwelling units per acre. Zoning Ordinance, Subdivision Ordi- nance, Floodplain Regulations, and Grading and Erosion Control Ordinance. July 28, 1994 September 12, 1994 September 27, 1994 2 SPECIAL iNFORMATION: Public utilities: Public services: Transportation: Physical characteristics: Municipal water service is available to the site. Sanitary sewer service will be connected temporarily to a north-south alley line east of the site. This force main will be used until sanitary sewer capacity is available in the Grant Street line, Police and fire protection and solid waste disposal services will be provided by the City. The site is accessible to vehicular traf- fic via Sheridan Avenue. Transit ser- vice is available on an hourly basis during the day on the Seventh Avenue route. Ralston Creek runs from south to north along the east portion of the property. West of the waterway, the remainder of the property slopes down gently to the north and the east. BACKGROUND INFORMATION: The final plat for Longfellow Manor, as proposed, is a 20-lot residential subdivision with a two acre outlot labeled "public open space." Lots 1 through 20 are located along an interior cul- de-sac street, Longfellow Place. The public open space primarily encompasses the floodway area of Ralston Creek on the east portion of the property. A private horseshoe-shaped drive runs along the rear of the 20 residential lots, and fronts the west edge of the public open space. ANALYSIS; On April 21, 1994, the Planning and Zoning Commission recommended approval of the preliminary plat for Longfellow Manor, subject to 1) the rezoning of the former electric substation site from I-1 to RS-8, 2) a determination from City Council as to whether an ancillary agreement regarding the possibility of PCBs on the site will be required as part of the preliminary plat approval, and 3) prior to the final plat approval, approval of the temporary lift station and the sanitary sewer main and the accompanying maintenance agreement. The conditions of preliminary plat approval have been addressed as follows. First, the rezoning of the former electric substation site to RS-8 was approved on April 26, 1994, by the City Council. Second, City Attorney Linda Gentry investigated the PCB situation on behalf of the City Council, and determined there was "no sound reason to require additional testing of the soils on the Longfellow Manor property." (See Gentry's May 16, 1994, memorandum, Attachment 2.) Finally, maintenance of the temporary lift station and force main will be 3 handled through the Longfellow Manor homeowners association. Stipulations in this regard have been incorporated into the subdivider's agreement accompanying the final plat. TheLongfellow Manor final plat has been reviewed and appears to conform with the general requirements of the RS-8, Medium Density Single-Family Residential Zone. The final plat also appears to be in general compliance with the City's subdivision regulations. Construction plans end a grading plan have been approved for the p~oposed development by the City Public Works Department. Legal papers have been submitted, and are being reviewed by the City A~0rney's Office. The final plat for Longfellow Manor is in substantial compliance with the preliminary plat approved by the City Council on May 10, 1994, However, the developer h~8 eliminated the following preliminary plat notation from the final plat: "The private drive easement around the perimeter of Lots 1 through 20 shall also permit use of the drive for maintenance vehicles, pedestrians and bicyclists," The preliminary plat showed an asphalt surface for the private drive, which according to the developer, was intended to encourage use of the private drive bypedestrians and bicyclists. The loop drive abuts the "public open space," It provides public access to the open space, and is needed for City vehicle access to maintain the floodway within this segment of Ralston Creek, Staff continues to recommend limited public access onthel0op drive; the easement note on the preliminary plat concerning .maintenance vehicles, pedestrians and bicyclists should be placed on the final plat and incorporated into the legal papers for Longfellow Manor. STAFF RECOMMENDATION: Staff recommends SUB94-0012, a final plat for Longfellow Manor, an approximate 7.64 acre, 2010t residential subdivision with an approximate two acre outlot to be dedicated for public open space, be approved, subject to: 1) approval of the legal papers by the City Attorney's office prior to Council consideration of the final plat, 2) placement of a note on the final plat and incorporation of language into the subdivideds agreement permitting use of the private drive for maintenance vehicles, pedestrians and bicyclists, and 3) appropriate grading and seeding of Outlot 1 prior to City acceptance of the public open space. ATTACHMENTS: 1. Location Map. 2. May 16, 1994, Gentry Memorandum. ACCOMPANIMENT: 1, Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development -- '~ "' !1 IIll~l[~liI-FI? SUB94-0012 ~ FINAL , ~,AT ~onufrtlow ~t~anor IOWA CITY, IOWA L~ 5 6 19. 16,~, 15, , ~4 10 BEGINNING 11 ...... '.' ..... J AVENUE RESOLUTION NO. 95-226 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL LEACHATE LIFT STATION CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 22nd day of August, 1995. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 29th day of August, 1995, or at such later time and place as may then be fixed. Passed and approved this tst day of A,,,Sus~ , 1995. CITY CLERK pweng~eac~ate.ms Cit~ Aff6rr~y's Office ReIolutlon .No, 95-226 Page 2 It was moved by ~,,h~7 and seconded by adopted, and upon rol~ call there were: Pigott · AYES: NAYS: ABSENT: X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-227 RESOLUTION AUTHORIZING CONVEYANCE OF CITY-OWNED PROPERTY AT '1'109 FIFTH AVENUE TO BRADLEY AND ELIZABETH JOHNSON WHEREAS, the City of Iowa City constructed a modular house at 1109 Fifth Avenue with the intent to sell the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs and Services (CITY STEPS); and WHEREAS, on June 27, 1995, the City Council adopted and approved Resolution No. 95-140, declaring its intent to convey said property to a qualified, income-eligible purchaser, authorizing public notice of its proposal, and setting the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds that the proposed conveyance of 1109 Fifth Avenue to a low-income household is in the best interest of the City of Iowa City, Iowa; and WHEREAS, after reviewing applications submitted by prospective buyers, the City selected Bradley and Elizabeth Johnson as qualified, income-eligible purchasers NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign the attached Residential Real Estate Purchase Agree- ment accepting Bradley and Elizabeth Johnson's offer to buy the following described property at a purchase price of $85,000, subject to the conditions contained in said Agreement: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Comer of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence S00 07'46"E, along the East line of said Lot 1,87.57 feet, to the Point of Beginning; Thence continuing S00 07'46"E, along said East line 62.00 feet; Thence S89 53'12"E, 39.94 feet; Thence S00 01'34'~N, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land con- tains 8,019 square feet, more or less, and is subject to easements and restrictions of record. The Mayor is authorized to sign and the City Clerk to attest the attached Resale Agree- ment For Property Located at 1109 Fifth Avenue which restricts sale of the above de- scribed property to an income-eligible buyer for fifteen years from the date of purchase. Said Agreement shall be recorded in the Johnson County Recorder's Office at the Buyer's expense. Resolution No, 95-227 Page 2 The Mayor and the City Clerk am authorized to execute a Warranty Deed conveying the City's interest in the above-described property to Bradley and Elizabeth Johnson for and in consideration of $85,000, subject to the terms of the Resale Agreement. The deed shall be executed at time of closing. The City Attorney is authorized to prepare and deliver said Warranty Deed to Bradley and Elizabeth Johnson. The deed shall be recorded in the Johnson County Recorder's Office at the Buyer's expense. Passed and approved this 1st day of Au[[u,~t , 1995. ClT?-CLERK City Atto~ey's Office tt was moved by Kubb¥ and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoff Throgmorton ppdcdbg\1109-5th.res the Resolution RESALE AGREENIENT FOR PROPERTY LOCATED AT 1109 FIFTH AVENUE This Agreement is made between Bradley and Elizabeth Johnson, Husband and Wife (hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase the following-described real property located in Johnson County, Iowa: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SO0 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SO0 07'46"E, along said East line 62.00 feet; Thence S89 53'12"E, 39.94 feet; Thence SO0 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. with a street address of 1109 Fifth Avenue; and WHEREAS, the City constructed the modular house at said property with the intent to sell the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs and Services (CITY STEPS); and WHEREAS, the City provided Buyers a $30,000 loan. This loan is a second mortgage on the property and decreased the original mortgage amount so that the home would remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The City's second mortgage in the amount of $30,000 becomes due on resale of the property from the sale proceeds regardless of when resale occurs. Buyers agree to pay the City the full amount of the $30,000 mortgage. If Buyers occupy the home until September 1, 2010, 15 years from the date of purchase, no restrictions shall apply to Buyers' resale of the property, except as stated in paragraph 1. In the event Buyers wish to resell the property prior to September 1, 2010, the property must be sold to an income-eligible household. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. Should Buyers desire to resell the property prior to September 1, 2010, they must immediately notify the City of their intent to sell and must actively market the property. If Buyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyers with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If resale of the property occurs prior to September 1, 2010, the Buyer and the City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale.. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by the Buyers as a result of the sale depends on the number of years the Buyer occupies the property prior to resale according to the schedule attached hereto as "Exhibit A". If Buyers are no longer able to continue making mortgage payments or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If the Buyers cease making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. If the City elects not to take over the mortgage payments and the bank considers foreclosure, the parties agree that if the bank/primary mortgage holder agrees to same, the Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure by either the primary mortgage holder/bank or City as secondary mortgage holder, and thus title to the property shall temporarily pass to the City of Iowa City pursuant to this Resale Agreement and so that resale of the property can be carried out under Iowa law. If the City so elects and if the primary mortgage holder/bank agrees, title would then be passed to the City, which title will be held temporarily and only for the purposes of resale and remarketing, and said property would not be deemed a public asset for purposes of the City's financial statement, nor as "city property" for taxing purposes and would thus not be removed from the tax rolls during this "interim marketing period" whereby the City will resell the house to an eligible property owner. This Agreement shall be deemed a covenant running with the land and title to the land, and shall be binding on and inure to the benefit of the parties for 1 5 years from the date of this Agreement, This Agreement shall be recorded in the Johnson County Recorder's Office at the Buyers' expense. Signed this .~,~. day of ~-~ ,1995. BUYERS __~' ab~b~th Jo~~ CiTY OF IOWA CITY, IOWA Attest: ~ ..~..~e~ '~. ~ Marian K. Karr, City Clerk STATE OF IOWA ) ) s: JOHNSON COUNTY ) BUYERS' ACKNOWLEDGEMENT On this ,.n 6-~/~ day of ~ ~.c_ , 199._% , before me, the undersigned, a ~Notary Public i~and for sai(~ounty- ,~ in, said State, personally appeared ~,.o. ~-~1 ~.¢/~ ~- and ~ .J~-~, , husband and wife. to me known to be the identical persons named' in and wEo executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa 4 : CITY'S ACKNOWLEDGEMENT_ STATE OF IOWA ) ) s: JOHNSON COUNTY ) Onthis /~+~ dayof /~¢t~s~- .19 75 . before me, Son~-.~, ¢~r , a Notary Public in and for the State of Iowa, personally appeared Susan M, Horowitz and Marian K, Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordi.a.ce) (Resolution) No, ?5-- Z2--'~ passed (tile Resolution adopted) by the City Council, under Roll Call No. ~ of the ~ City Councfi on the I-- day of ~,u~<-*r- ,19 ?-.5 , and that Susan M, Horowitz and Marian K, Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed, ppdcdbg\llO9-Sth.agt Notary Public in and for the State of Iowa EXHIBIT A pp(Icdb~1109-Sth.exa PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 15 4 20 5 30 6 40 7 50 8 60 9 70 10 80 11 80 12 80 13 80 14 80 15 100 RESIDENTIAL REAL ESTATE PURCHASE AGREEMENT Date of Agreement: July 26, '1995 TO THE CITY OF IOWA CITY, SELLERS OF THE SUBJECT PROPERTY (CITY): REAL ESTATE DESCRIPTION. The undersigned BUYERS hereby offer to buy real estate in Iowa City, Johnson County, Iowa, locally known as 1'109 Fifth Avenue, Iowa City, Iowa, and legally described as follows: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Comer of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence S00 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SO0 07'46"E, along said East line 62.00 feet; Thence S89 53'12"E, 39.94 feet; Thence S00 01'34'~V, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. with any easements and appurtenant servient estates, but subject to the following: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public utilities, roads and highways; (d) the private, driveway easement; and (e) a 15-year resale agreement restricting sale of the property to an income-eligible purchaser approved by the CITY; provided BUYERS, on possession, are required to occupy the property as owner-occupant and use the property as their principal residence. BUYERS and CITY are sometimes collectively referred to herein as "Parties". PURCHASE PRICE. The Purchase Price shall be $85,000 (Eighty-five thousand dollars) and the method of payment shall be as follows: $500.00 with this offer to be deposited upon BUYER'S execution of this offer, in the escrow account by the CITY to be delivered to the CITY upon performance of the CITY'S obligations and satisfaction of BUYERS' contingencies, if any, and the balance of the purchase price as designated below. This Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate modgage in the amount of $52,000.00. BUYERS agree to immediately make application for such mortgage with a commercial modgage lender and to exercise good faith eftotis to obtain a mortgage commitment as provided above. If BUYERS have not obtained a wdtten mortgage commitment on or before the 'lst day of September, 1995, either the CITY or BUYERS may declare this Agreement null and void, and all payments made hereunder shall be returned to BUYERS. BUYERS shall pay the balance of the purchase price at the time of the closing, by combination of BUYERS' personal funds and the second mortgage in favor of the CITY. BUYERS will execute a second mortgage in favor of the CITY in the amount of $30,000.00. Said second mortgage will be at 0% interest, and no monthly payments will be required on this second mortgage during the pedod of time the home is owner-occupied by the initial BUYERS. This second mortgage becomes due immediately on sale of the property. REAL ESTATE DESCRIPTION. The undersigned BUYERS hereby offer to buy real estate in Iowa City, Johnson County, Iowa, locally known as tt09 Fifth Avenue, Iowa City, Iowa, and legally described as follows: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SO0 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SO0 07'46"E, along said East line 62.00 feet; Thence S89 53'12"E, 39.94 feet; Thence SO0 01'34'~, t4.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. with any easements and appurtenant servient estates, but subject to the following: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public utilities, roads and highways; (d) the private, driveway easement; and (e) a 15-year resale agreement restricting sale of the property to an income-eligible purchaser approved by the CITY; provided BUYERS, on possession, are required to occupy the property as owner-occupant and use the property as their principal residence. BUYERS and CITY are sometimes collectively referred to herein as "Parties". PURCHASE PRICE. The Purchase Price shall be $85,000 (Eighty-five thousand dollars) and the method of payment shall be as follows: $500.00 with this offer to be deposited upon BUYER'S execution of this offer, in the escrow account by the CITY to be delivered to the CITY upon performance of the ClTY'S obligations and satisfaction of BUYERS' contingencies, if any, and the balance of the pumhase price as designated below. This Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate mortgage in the amount of $52,000.00. BUYERS agree to immediately make application for such mortgage with a commemial mortgage lender and to exemise good faith efforts to obtain a mot{gage commitment as provided above. If BUYERS have not obtained a wdtten mortgage commitment on or before the 'lst day of September, 1995, either the CITY or BUYERS may declare this Agreement null and void, and all payments made hereunder shall be returned to BUYERS. BUYERS shall pay the balance of the purchase price at the time of the closing, by combination of BUYERS' personal funds and the second mortgage in favor of the CITY. BUYERS will execute a second mortgage in favor of the CITY in the amount of $30,000.00, Said second mortgage will be at 0% interest, and no monthly payments will be required on this second mortgage during the period of time the home is owner-occupied by the initial BUYERS. This second mortgage becomes due immediately on sale of the property. REAL ESTATE TAXES. The CITY shall pay all real estate taxes which are due and payable and constitute a lien against the above-described Real Estate, and any unpaid real estate taxes for any prior years. Except for the tax proration hereinafter set forth, BUYERS shall pay all subsequent real estate taxes. The CITY shall also pay a profeted share of the real estate taxes for the fiscal year ending June 30, 1996, and 2 10. payable in the fiscal year commencing July 1, 1996, based upon net taxes payable in the current fiscal year in which possession is given to BUYERS. SPECIAL ASSESSMENTS. The CITY shall pay all special assessments which are a lien on the Real Estate as of the date of closing. INSURANCE. The CITY shall bear the risk of loss or damage to the Real Estate up to the time of closing. In the event of substantial damage or destruction prior to closing, this agreement shall be null and void, unless otherwise agreed by the Parties. POSSESSION, IfBUYERS timely perform allobligations, possession ofthe Real Estate shall be delivered to BUYERS on September 1, 1995, with any adjustments of taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur after issuance of a title opinion. Possession shall not be delivered to the BUYERS until completion of the closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the Parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter units, all drapery and curtain rods, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting, mirrors attached to walls or doors, tireplace screen and grate, attached barbecue grills, weather vane, all built-in kitchen appliances, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate, and included in the sale. Stove and refrigerator are included in the Purchase Agreement. USE OF PURCHASE PRICE. At time of closing, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. ABSTRACT AND TITLE. The CITY, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to BUYERS for examination. It shall show merchantable title in the ClTY'S name in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the BUYERS when the purchase price is paid in full. The CITY shall pay the costs of any additional abstracting and title work due to any act or omission of the CITY, including transfers by the CITY. If, at- the time of closing, there remain unresolved title objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, allowing a reasonable time for the correction of said objections. DEED. Upon payment of the purchase price, the CITY shall convey the Real Estate to BUYERS, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as set forth in l(a) through l(e) above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of the CITY continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES. If BUYERS fail to timely perform this Agreement, the CITY may forfeit their rights in this Agreement, as provided in the Iowa Code, together with all payments or, at the CITY'S option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure to perform (during which thirty days such failure is not corrected), the CITY may declare the entire balance immediately due and payable. After such 30 day notice, this 10. 11. POSSESSION. If BUYERS timely perform all obligations, possession of the Real Estate shall be delivered to BUYERS on September l, 1995, with any adjustments of taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur after issuance of a title opinion. Possession shall not be delivered to the BUYERS until completion of the closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the Parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter units, all drapery and curtain rods, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting, mirrors attached to walls or doors, tireplace screen and grate, attached barbecue grills, weather vane, all built-in kitchen appliances, built-in items and electrical service cable, outside television towera and antenna, fencing, gates and landscaping shall be considered a part of Real Estate, and included in the sale. Stove and refrigerator are included in the Pumhase Agreement. USE OF PURCHASE PRICE. At time of closing, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. ABSTR/4CT AND TITLE. The CITY, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to BUYERS for examination. It shall show merchantable title in the ClTY'S name in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the BUYERS when the purchase price is paid in full. The CITY shall pay the costs of any additional abstracting and title work due to any act or omission of the CITY, including transfers by the CITY. If, at. the time of closing, there remain unresolved title objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, allowing a reasonable time for the correction of said objections. DEED. Upon payment of the purchase price, the CITY shall convey the Real Estate to BUYERS, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as set forth in l(a) through l(e) above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of the CITY continuing up to time of delivery of the deed. REMEDIES OF THE PARTIES. If BUYERS fail to timely perform this Agreement, the CITY may forfeit their rights in this Agreement, as provided in the Iowa Code, together with all payments or, at the ClTY'S option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure to perform (during which thirty days such failure is not corrected), the CITY may declare the entire balance immediately due and payable. After such 30 day notice, this Agreement may be foreclosed in equity, and the Court may appoint a receiver. If the CITY falls to timely perform this Agreement, BUYERS have the right to have all payments made by BUYERS returned to them. 12. 13. 14. [] 15. 16. 17. DATED: BUYERS and the CITY also are entitled to use any and all other remedies or actions at law or in equity available to them, and shall be entitled to obtain judgment for costs and attorney fees, as permitted by Iowa law. STATEMENT AS TO LIENS. if BUYERS intend to assume or take subject to a lien on the Real Estate, the CITY shall furnish BUYERS with a written statement prior to closing from the holder of such lien, showing the correct balance due. CONDITION OF PROPERTY. The Real Estate, as of the date of this Agreement, including buildings, grounds and all improvements, will be preserved by the CITY in its present condition until possession, ordinary wear and tear excepted. The CITY warrants that the heating, electrical, plumbing, and air conditioning systems, whether subject to inspection set forth herein or not, be in good working order and condition on the date of delivery of possession. The BUYERS shall be permitted to make an inspection of the property prior to possession or closing, whichever is sooner, in order to determine that there has been no change in the condition of the property, and that it is ready for BIJYERS' possession. WOOD.DESTROYING INSECT INSPECTION. Select (A) or (B) Within days after the final acceptance date of this Offer, BUYERS may, at BUYERS' expense, have the Real Estate inspected for termites or other wood-destroying insects by a licensed Pest Inspector. If active infestation or damage due to prior infestation is discovered, the CITY shall have the option of either having the Real Estate treated for infestation by a licensed pest Exterminator and having any damage repaired to the BUYERS' satisfaction, or declaring this Agreement void. This provision shall not apply to fences, trees, shrubs or outbuildings other than garages. BUYERS may accept the Real Estate in its existing condition without such treatment or repairs. BUYERS acknowledge that they have been advised of their right of a pest inspection under this provision, and have declined to make said inspection unless required by a lending institution at which time said inspection would be at BUYERS' expense and the BUYERS will have the same rights as under paragraph 14A if active infestation or damage due to prior infestation is discovered. SURVEY. The BUYERS may, prior to closing, have the Real Estate surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroach- ment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title objection. TIME FOR ACCEPTANCE. If this offer is not accepted by the CiTY on or before 9 o'clock A.M. on August '1, '1995, it shall become void, and all payments shall be returned to the BUYERS. OTHER PROVISIONS. The CITY reserves the right to declare this agreement null and void in the event the BUYERS do not meet the guidelines for the pumhase of said property as determined by the CITY and presented in the Applicant Information Packet - 1109 Fifth Avenue. In the event the City should declare this offer null and void, all earnest money will be returned to the BUYERS. The BUYERS must execute a Resale Agreement for the property located at 1109 Fifth Avenue. A copy of that agreement is attached to this Residential Real Estate Pumhase Agreement and incorporated herein by reference. ***THIS IS A LEGAL, BINDING CONTRACT.*** ***IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE?** ~-/',C~ --~ (~ , 19 ~---__~, at ~'~/~',~,-- o'clock (A.M.~---~. me ~ea~ ~-state, as of the date of this Agreement, including buildings, grounds and all improvements, will be preserved by the CITY in its present condition until possession, ordinary wear and tear excepted. The CITY warrants that the heating, electrical, plumbing, and air conditioning systems, whether subject to inspection set forth herein or not, be in good working order and condition on the date of delivery of possession. The BUYERS shall be permitted to make an inspection of the property prior to possession or closing, whichever is sooner, in order to determine that there has been no change in the condition of the property, and that it is ready for BUYERS' possession. 14. WOOD.DESTROYING INSECT INSPECTION. Select (A) or (B) Within days after the final acceptance date of this Offer, BUYERS may, at BUYERS' expense, have the Real Estate inspected for termites or other wood-destroying insects by a licensed Pest Inspector. If active infestation or damage due to prior infestation is discovered, the CITY shall have the option of either having the Real Estate treated for infestation by a licensed pest Exterminator and having any damage repaired to the BUYERS' satisfaction, or declaring this Agreement void. This provision shall not apply to fences, trees, shrubs or outbuildings other than garages. BUYERS may accept the Real Estate in its existing condition without such treatment or repairs. BUYERS acknowledge that they have been advised of their right of a pest inspection under this provision, and have declined to make said inspection unless required by a lending institution at which time said inspection would be at BUYERS' expense and the BUYERS will have the same rights as under paragraph 14A if active infestation or damage due to pdor infestation is discovered. 15. SURVEY. The BUYERS may, prior to closing, have the Real Estate surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroach- ment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title objection. 16. TIME FOR ACCEPTANCE. If this offer is not accepted by the CITY on or before 9 o'clock A.M. on August 1, '1995, it shall become void, and all payments shall be retumed to the BUYERS. 17. OTHER PROVISIONS. The CITY reserves the right to declare this agreement null and void in the event the BUYERS do not meet the guidelines for the purchase of said property as determined by the CITY' and presented in the Applicant Information Packet - 1109 Fifth Avenue. In the event the City should declare this offer null and void, all earnest money will be returned to the BUYERS. The BUYERS must execute a Resale Agreement for the property located at 1109 Fifth Avenue. A copy of that agreement is attached to this Residential Real Estate Purchase Agreement and incorporated herein by reference. ***THIS IS A LEGAL, BINDING CONTRACT.*** ***IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE.*** DATED: ~-(.~ -~(o ,19.. ~'~" ,at ¢.'¢~7~.-. o'clock(A.M.~. BUYER (l¢sb'-a.f{d)' Social Security BU¥.ER (wife) ~" Social Secudty Number Number 4 This offer is accepted ~c.~- ! ~'~ ,19 ?5 , at_?,"~ o'clock (A.M. P~. DATED: ~<~.~-~ / ,.. / ~.~..E CITY OF IOWA CITY, IOWA, SELLER ~usan M, HoroWitz, Mayor STATE OF ~-,.~ ~ ) ) SS: ~/~bb C~ COUNTY) On this,~ day of (~,~, ,199~, before m,e the unde~igned, a Notary Public in and for.the State orlowa, personally appeared /'~.,.o- ~ c..,/j ~ and ~k.~../_.,-~cZ rO~,/t.~.oo~. , husband and°wife, t[~ me known to be the identical Derson(s) n~med in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the in~tq~ment as (his) (her) (their) voluntary act and deed. Notary Public in and for the State of STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /'~ day of ~,~.~_ ,19 ~,;, before me, S;,-~/,~.. ~c-',.,.,~_ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz, to me personally known, and, who, being by me duly sworn, did say that she is the Mayor 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, a~s contained in Resolution No. ~5-zz? passed by the City Counc, under Roll Call No.'--~ ofthe City Council on the ~day of A.,~?,~-. ;/-- , 19 ")5, and that Susan M. Horowitz acknowledged the execution of the instrument to be her 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 cdbg'~1109-5th. rpa RESOLUTION NO. 95-228 RESOLUTION APPROVING THE DESIGN OF THE TIME AND TEMPERATURE SIGN LOCATED AT 118 S, DUBUOUE STREET WHEREAS, the applicant, Out to Lunch, Inc., has filed an application for design review approval for a time and temperature sign located at 11 8 S. Dubuque Street, Iowa City, Iowa, hereafter, "Sign"; and WHEREAS, given that the Sign projects into City Plaza, the Design Review Committee reviews and makes a recommendation to the City Council regarding the design of the Sign; and WHEREAS, the design review application for the Sign, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the sign be accepted and approved; and WHEREAS, the design of the Sign is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The design of the time and temperature sign located at 11 8 S. Dubuque Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. 3. Upon this approval, necessary permits may be issued for the Sign upon full compliance with all applicable codes and ordinances. Passed and approved this l.qt day of August , 1995. ClT?'-CLERK eocdov\ 118sdubq. ms Resolution No. 95-228. Page It was moved by Leh=an and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: X X X J X X X Kubb¥ ABSENT: X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton City of Iowa City MEMORANDUM Date: July 20, 1995 To: City Council From: Laura Hawks, Chair, Design Review Committee Re: Time and Temperature Sign at 118 S. Dubuque St. (Uncommon Grounds) At its meeting of July 17, 1995, the Design Review Committee recommended to the City Council, by a 6-1 vote (Quigley voting no), approval of the design of the 'time and temperature' sign at 118 S. Dubuque Street. Members of the Committee found that the design of this sign complied with the guidelines of the design review ordinance. Given that the Department of Housing and Inspection Services has concluded that the proposed sign meets the intent of the definition of a 'time and temperature' sign, the Committee reviewed the sign in terms of its compliance with the guidelines of the design review ordinance. In a separate action, the Committee requested to meet with the building official to discuss projecting signs. Members of the Committee expressed the opinion that they were not adverse to projecting signs in the CB-10 zone, but were concerned about people attaching time and/or temperature apparatuses to signs in order to get them approved in the CB-10 zone. The Committee would like to discuss with the building official how the department plans to handle this issue in the future. City of Iowa City MEMORANDUM Date: July 12, 1995 To: Design Review Committee From: David Schoon, Economic Development Coordinator~--- Re: Time & Temperature Sign at 118 S. Dubuque Street (Uncommon Grounds) Out to Lunch, Inc. has submitted a design review application and a sign permit application to erect a time and temperature sign at 118 S· Dubuque Street (Uncommon Grounds). Due to the fact that the sign projects into City Plaza, the Design Review Committee reviews and makes a recommendation to the City Council regarding the sign's design as it relates to the buildir~g and City Plaza. Details of the proposed sign are attached. The sign regulations of the Zoning Ordinance allow time and temperature signs in the Central Business (CB-10) Zone as long as the signs do "not exceed fifty (50) square feet in area or twenty five (25) square feet per sign face, do not project more than six feet (6') into the public right of way and are not less than ten feet (10') above grade." A time and temperature sign is defined as "an Identificat/on sign which shows the time and/or temperature." An dent~flcat~on sign is IIrn~ted to d~splaymg ... the name, address, crest, insignia or trademark, occupation or profession of an occupant of a building or the name of any building on the premises". In reviewing the enclosed photographs and drawings, you will notice that the applicant is adding a thermometer to a projecting sign to create a time and temperature sign. Projecting signs are not permitted in the Central Business Zone. Without the addition of the thermometer, the projecting sign would not meet the sign requirements. In order to comply with the intent of it being a time and temperature sign, the building d'vis on ~s requ ring that the numbers on the thermometer be at least 1 1/2 inches in height in order to be able to read the numbers from a distance of 50 feet. The drawings in your packet do not reflect this, but the applicant has agreed to comply. Also, as the drawings in your packet indicate the additional advertizing shown on the sign in the photographs will be removed in order to comply with the above sign regulation. Enclosed in your packet is a copy of the design guidelines checklist to use as you review the sign· I also encourage you to visit the site prior to the meeting· cc: Laurie Tulchin ' Julie Tallman, HIS DESIGN REVIEW APPLICATION 1. 2. 3, Preliminary Review Address of Project: 118 S. Dubuque St. Name of Applicant: Out to Lunch, Inc. Address: 118 S. Dubuque St. City: Iowa City State: IA Name of Property Owner: Barker Development Phone number: Address: 103 E. College St, P.O, Box 1456 XX Final Review (Check one) Phone number: 3 3 8 - 6 210 Zip: 52240 City: Iowa City State: IA Zip: 52244 5. Contact Person: Laurie Tulchin Phone number, 331-2910 6. Project Descdptlon: Time/temperature si~n for business located at 118 S. Dubuque Street. Pro~,ct Time Schedule: Ten copies of all drawings and wdtten materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): NA Site analysis & site plan NA Landscaping plan X Building elevations x Sectional drawings X Drawings of proposed signs0) NA Lighting plan Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) If project includes signs, appyant musl also sub~.~t a sign applicaUon. Signature of Applicant: ' ~, 0 Date: SIGN APPLICATION & PERMIT City of Iowa C~ty Application Date ~.~ · =~.-, ....,-.= .......~~ ~ L' - TYP~ OF 8ION Off Pteml~ot '~On Preml~at lUlLDING Awnln8 Canopy Facia Od~er NONoBUILDIN~ SIGNS Drive Thru ~Ru Free S~ndlnl M~ument DE~ORna~ON & PI,A~ OF PROPOSED SIGN feet Permit NO ~.~.,~.~ Permit Date Fee S ~.b. 00 - FOR O[~'IC~ US~ ONLY O Ex~nl ~ ~. 0 RemainIns__ ~1, fi, / 'FOLLO~G BEST DOCUMENT AVAILABLE C? ' :- ':ESPRESSO' BAR... "' ' ""' · I "' '-- 'J"'~' '"'' ' · '~.'-;~-.0 ~;,.. ~:~.. ~:' .'... ',':-~' '.~i I i~:~,-~L--". '" .. · ....,~:~J~)'..,..,.. · ' .' .' :-~'~', Ill~,~' · ..... .' . .. · .., ,,,..~, '.%-~.' .,.. iCE CREA~'. pASTRIES ' · ' ' / / x L.uJ DESIGN REVIEW ORDINANCE GUIDELINES CHECKLIST Building Design: Project's architectural design is desirable and compatible with surroundings. Renovated buildings retain original architectural style and features/materials of original facade. Horizontal and vertical features on building fronts align to enhance visual continuity of streetscape. First floor level provides interaction with pedestrians through use of doors, windows or lighting. Exterior lighting provides adequate illumination for safety purposes and blends with architectural design. Colors are an integral part of the architectural style, Rooftop equipment blends with building design or is screened. Comments: Yes No N/A Relationship of Building to Site: Appropriately landscaped, integrates with surroundings, provides transition between project and pedestrian use. Parking and service areas blend with the street frontage or are screened from public view. Height and scale is compatible along the street frontage to preserve character of street. Building materials, colors, textures, lines and masses harmonize with adjoining buildings and sites, Site grading work blends with surrounding site grades. Comments: Landscaping: Landscaping complements architectural features and improves the aesthetic quality of the streetscape. Plants which may be injured by pedestrian or motor traffic are appropriately protected. Paved areas are designed to facilitate the safe and efficient circulation of pedestrians and vehicles. Service yards, trash receptacles and storage areas are screened from public view. Existing natural features are maintained and incorporated into site design if possible. Street furniture and miscellaneous structures are integrated with the architectural concept. Comments: Signs: All signs and graphics relate to the building's design characteristics and are compatible with nearby signs. The number and size of signs is minimized in order to avoid visual clutter. Multiple occupancy buildings have developed "signage programs" that promote integrated design and equitable space and size distribution. External or flood lighting complements project design. Signs do not produce excessive glare. Lettering and graphic styles are in keeping with the project's design and character. Comments: Canopies and Awnlnge: Canopies and awnings respect the style and character of the structure on which they are located. The highest point of the canopy or its supe[structure is not higher than the midpoint of the space between the second story window sills and the top of the first floor storefront window awning canopy or transom Comments: Yss No N/A Definitions: COMPA TI81£1TY: Harmony in the appearance of two or more buildings, structures and landscape developments along the same streetscape. HARMONY: An aesthetically pleasing image resulting from an arrangement of various architectural and landscape elements. LANDSCAPE: Elements of nature, topography, buildings and other man*made objects viewed in relation to one another. M/SCEI. LANEOUS STRUCTURES: Structures, other than buildings, visible from public ways. Examples are: memorials, antennas, sheds, shelters, fences and walls, transformers, drive-up facilities. SCALE: The relationship of the size of elements to one another and to the human figure. SCREENING: Structures and/or plantings which conceal an area from view from a public way. STREET FURNITURE: Man-made objects other than buildings which are part of the streetscape. Examples are: benches, litter containers, planting containers, sculptures, vending machines and newspaper dispensers. STREETSCAPE: The scene of a public street or way composed of natural and manmade elements, including buildings, paving, plantings, street furniture and miscellaneous structures. Comments: · · RESOLUTION NO. 95-229 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT. WHEREAS, B & D Construction of Iowa City, has submitted the lowest responsible bid of ~342,824.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to B & D Construction, subject to the condition that awardee secure adequate perfor- mance 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 1st day of August ,1995. CITY-CLERK it ty A to~ce~"'/'-- ¢'f-- It was moved by Kubby and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: x x X x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO, RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT. WHEREAS, , has submitted the lowest responsible bid of ~ for the of the above-named project, NOW, THEREFORE, t~E IT RESOLVED BY TH?/CITY COUNCIL OF THE CITY OF IOWA CITY, I~WA' ~eA~intra ct for~ he construction /the above-named project s hereby awarded to , subject to the condition that awardee secure equate per1 bond, insurance certificates, and contract compliance statemar The Mayor is hereby construction of the adequate performance statements, n and the City Clerk to attest the contract for the ect, subject to the condition that awardee secure insurance certificates, and contract compliance program Passed and approved this day of , 1995, ATTEST: CITY CLERK It was moved by adopted, and upon AYI ;: and there were: NAYS: MAYOR ad by the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick IOtt Throgmorton ADVERTISEMENT FOR BIDS FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 1st day of August, 1995, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. 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 August 1, 1995, or at such later time and place as may then be sched- uled. The Project will involve the following: Installation of 1,640 LF of 12 to 48-inch RCP storm sewer. Installation of 585 LF of 12 to 18-inch PVC storm sewer. 1,309 square yards of ACC and PCC pavement removal and replacement and other associated work. Alternative bid items include 316 LF of boring 42-inch RCP storm sewer and boring 150 LF of 18-inch PVC storm sewer. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, PE, City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a b~d bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF-1 The successful bidder will be required to furnish a bond in an amount equal to one hun- dred pement (100%) of the contract pdce, said bond to 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 contract, and shall also guarantee the mainte- nance of the improvement for a pedod of five (5) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 50 Late Start Date: August 14, 1995 Liquidated Damages: $200 per day Incentive Pay: $200 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 non-refundable fee is required for each set of plans and specifications provided to bid- ders 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 are advised that the City of Iowa City desires to employ minodty contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other padies 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 subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Civil 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 grown 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. AF-2 The City reserves the right to reJec{ any or 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-3 Revised 8/9/95 RESOLUTION NO. 95-230 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. WHEREAS, B&D Construction of I(~wa City, has submitted the lowest responsible bid of $474,065.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to B&D Construction, 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 1st day of August ,1995. CITY'-CLERK Approved by i~y Attorney s Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman X , Novick Pigott Throgmorton pwangtl~gllw, res RESOLUTION NO. 95-230 ,' RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN'" -A, ND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. WHEREAS, I~D Construction of Iowa City, has submitted the lowest responsible bid of 9475,065.00 for~he construction of the above-named project. NOW, THEREFORE,XBE IT RESOLVED BY THE CITY COUNCIL OF THE Cl.-rY OF IOWA CITY, IOWA, THAT: 1. The contract for th,e construction of the above-named project is hereby awarded to B&D Construction, ~ubject to the condition that awardee secure adequate performance bond, insurance certific,,a,,tes, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Cl~rk to .a. ttest the contract for the construction of the above-named project, subject t,o'~he condition that awardee secure adequate performance bond, ingurance certificateS, and contract compliance program statements. . Passed and approved this 1st day of ',~u~st ,1995. It was moved by Lehman " and seconded by P-l~nrr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x / Baker X ,.' __ Horowitz x ,' Kubby" x / Lehman ' x Novick .T-- Pigott ,."X __ Throgmorton City of Iowa City MEMORANDUM TO: FROM: DATE: RE: Linda Newn~n Woito, City Attorney Mi.dy ~r~C August 8t\1995, ' Longfell~/v Contract With B & D Construction AU6 0 8 1995 Linda, the bid amount on the resolution adopted by Council August 1st awarding contract to B & D Construction for the Longfellow Area Sanitary and Storm Sewer Project was incorrect. The resolution read $475,065; it should have read $474,065. I'm looking for advice. What should I do to correct this error? Do I need to send a revised resolution to Council? The contract read correctly. CC: Rick Fosse, City Engineer RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. WHEREAS, '~ , has submitted the lowest responsible bid of $ for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVE~3 BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWa, THAT: 1. The contract for the construction of the above-named project is hereby awarded to \ , subject to the condition that awardee secure adequate performance bond, insurance certificates, and co compliance program The Mayor is hereby authorized ~ sign and the City Clerk to attest 1 construction of the above-named )roject, subject to the con adequate performance statements. ;ure pliance program Passed and approved this , 1995. ATTEST: CITY CLERK It was moved by and adopted, and upon roll call there were: AYES: NAYS: by ffice the Resolution be ABSENT: Baker Horowitz Kubby Lehman Novick Pigott morton ADVERTISEMENT FOR BIDS LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the let day of August, 1995, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this 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 August 1,1995, or at such later time and place as maythen be scheduled. The Project will involve the following: The reconstruction of approximately 1,400 linear feet of sanitary sewer, 2,150 linear feet of storm sewer, and 6,100 square yards of street, driveways, and sidewalks. The project also involves miscellaneous repairs to the sanitary sewer system. All work is to be done in stdct compliance with the specifications prepared by Shive-Hattery Engineers And Architects, inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insudng the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by AF-1 the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the C[Iy from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the Improvement for a period of two (2) year(s) from and after its complelJon and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 60 Notice to Proceed; August 15, 1995 Completion Date: November 6, 1995 ~quldated Damages: $450 per day The plans, specifications and proposed con- tract documents may be examined at the office of the CtlyClerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Shive-Hattery Engineers And Archtlects, inc., 2122 ACT Circle, 52245, Iowa City, Iowa, by bona fide bidders. A $50 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 Shive-Hattery Engineere And Architects, inc. Prespectlve bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall i~lclude 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 subcontractors, together with quantities, unit pdces and extended dollar amounts. If no minor~ 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 Civil 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 grown and coal produced wffhin the State of Iowa, and to Iowa domesfic 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 Ci~ reserves the right to reject any or all proposals, and also reserves the right to waive technicalilJes and irregular'~es. Published upon order of the City Council of Iowa City, iowa., MARIAN K. KARR, CITY CLERK AF-2 RESOLUTION NO. 95-231 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE LONGFELLOW AREA SANITARY REHABILITATION PROJECT. WHEREAS, Visc-Sewer Clean & Seal, Inc. of St. Louis Park, MN, has submitted the lowest responsible bid of 927,990.60 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Visc-Sewer Clean & Seal, Inc., 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 1st day of A,,Su~t ,1995. CITY-CLERK It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: Thro~orton the Resolution be AYES: NAYS: ABSENT: X x x X 'X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND CITY CLERK TO ATTEST CONTRACT FOR THE LONGFELLOW AREA SANITARY REHABILITATION TO SIGN WHEREAS, responsible bid of ~ for the construction submitted the lowest above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUi~ IOWA, THAT: OF THE CITY OF IOWA CITY, The 9 construction of the awardee secure performance compliance program ments, project is hereby awarded to , subject to the condition that insurance certificates, and contract The Mayor construction of adequate performance bond, in,' statements. ~nd the City Clerk to attest the contract for the ect to the condition that awardee secure certificates, and contract compliance program Passed and approved this ,1995. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll AYES: and seconded by there were: NAYS: Office the Resolution be Kubby -- Lehman' Novick Pigott Throgmorton pwong\lngllwrh.ms ADVERTISEMENT FOR BIDS LONGFELLOW AREA SANITARY SEWER RE- HABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa C~, Iowa, until 10:30 A.M, on the 1st day of August, 1995, and shall be received in the City Clerk's once no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids subm~ed by fax machine shall not be deemed a "sealed bid" for purposes of this Pro- ject. Proposals will be acted upon by the City Cduncil at a meeting to be held in the Council Chambers at 7:30 P.M. on August 1, 1995, or at such later time and place as may then be sched- uled. The Project will involve the following: Root grinding and pressure grout 1,332 joints on 8-inch VCP sewer pipe. All work is to be done in strict compliance with the specifications prepared by Shive-Hattery Engineers And Architects, inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on tile for public examinaUon in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid secudty shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be for[eited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond salJsi~acton/to the City insuring the faithful pe[formance of the contract and maintenance of said Project, if required, pursuant to the provisions of this noUce and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fit[een (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned alter 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 hundred percent (100%) of the contract pdce, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly AF-1 or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance bythe City. The following limitagone sllall apply to this Project: Worldng Days: 30 Notice to Proceed: October, 16, 1995 Completion Date: November 27, 1995 Liquidated Damages: $250 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk, Copies ofsaid plans and speci~- ca~ons and form of proposal blanks may be secured at the Office of Shive-Hattery Engineers And Architects, inc., 2122 ACT Cimle, 52245, of Iowa City, Iowa, by bona fide bidders. A $25 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 Shive-Hattery Engineers And Architects, inc. ProspecWe bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on Ci~ 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. Thislist shallinclude the type ofwork and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcoutractors, together with quantifies, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good failh efforts to recruit MBE's. A Itsting of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By virtue of ststuto~y authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), applies to the contract with respectto bidders who are not Iowa residents. The City reserves the fight to reject any or all proposals, and also reserves the right to waive technical~es and irregulafities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K, KARR, CITY CLERK AF-2 RESOLUTION NO. 95-232 :' RESOLUTION RESCINDING RESOLUTION 852 ESTABLISHING THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND RESOLUTION 92-28 APPROVING MAYOR'S YOUTH BYLAWS, AND IN LIEU THEREOF AUTHORIZING EXECUTION OF AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAYOR'S YOUTH EMPLOYMENT PROGRAM, A NOT-FOR-PROFIT CORPORATION. WHEREAS, the Mayor's Youth Employment Program was originally established as a committee by the City Council in 1968, pursuant to Resolution 852; and WHEREAS, bylaws were most recently approved for the Mayor's Youth Program bythe City Council by way of Resolution 92-28; and WHEREAS, due to the increasing demand for services and the growth of the Mayor's Youth Employment Program, Mayor's Youth is now in need of increased funding; and WHEREAS, the Mayor's Youth Employment Program Board of Directors has determined that the Program will have greater access to private funding if the program exists as a private corporation, rather than a quasi- division of municipal government; and WHEREAS, the Mayor's Youth Employment Program has now been fully incorporated under the laws of the State of Iowa effective July 17, 1995 as an Iowa not-for-profit corporation, and is thereby an independent private entity; and WHEREAS, Resolution 852, establishing the Program, and Resolution 92-28, adopting the by-laws are no longer applicable and should therefore be rescinded; and WHEREAS, in order to continue to provide in-kind support for the much-needed services of the Program, it is in the public interest for the City to enter into an administrative services agreement between the Program and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolutions 852 and 92-28 are hereby rescinded, as no longer applicable and having no force and effect of law. The City Council finds it in the public interest to enter into an administrative services agreement as a reasonable means of providing on-going in-kind support for the Mayor's Youth Program. The attached Agreement is approved as to form and content, and the City Clerk and Mayor are hereby authorized to execute the Agreement on behalf of the City. 4. The City Manager is hereby designated and authorized to administer this agreement for its duration. Passed and approved this 1st day of August , 1995. CITY CLERK ney's Office~ _ _ Resolution No. 95-232 Page 2 It was moved by Pigott and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: k ,',',',',',',',','~ b b y ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ADMINISTRATIVE SERVICES AGREEMENT This Agreement is entered into between the City of Iowa City (hereinafter "City") a municipal corporation, and Mayor's Youth Employment Program (hereinafter "Program"), an Iowa not- for-profit corporation with its principal address at 410 Iowa Avenue, Iowa City, IA 52240. I. INTRODUCTION The parties enter this Agreement to specify the duties, rights, terms and conditions under which City will provide banking, bookkeeping, payroll and accounts-payable services to Program. II. DUTIES City will provide banking, bookkeeping, payroll, and accounts-payable services for the Program. With regards to banking services, the Program total debt (fund balance) shall not exceed 925,000. City and Program specifically acknowledge Program is a private, not-for-profit corporation, that Program's employees are not City employees, and that noth- ing contained in this Agreement, nor any act by Program or the City, shall be deemed or construed to create any relationship of third-party beneficiary, employer and employee, principal and agent, or any association or other rela- tionship involving the City of Iowa City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which the Program conducts its activities; and both City and Program acknowledge Program is an independent entity. INDEMNITY The Program shall indemnify, defend, and hold harmless the City and its officers, employees and agents from any and all !iability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of Program's operations under this Agreement, including acts or omissions of Program's employees, agents and subcontractors. IV. TERMINATION In tl~e event of failure to perform in accordance with the terms of this Agreement, this Agreement may be terminated by either City or Program upon written notice to the other party. Intent to terminate should be made by written notice, sent by regular mail, which sets forth the details of the failure to perform. Termination shall be effective fifteen (15) calendar days from the date the notice is mailed unless the notified party has, to the satisfaction of the other party, corrected the failure to perform within the fifteen (15) day period. V. DURATION This Agreement shall be effective from midnight, August 1, 1995 through midnight June 30, 1996, unless otherwise terminated under Section IV above. 2 Vl. GENERAL A. This Agreement sets forth the entire understanding between the parties, and may be changed only in writing and signed by both parties. B. Neither party may assign this Agreement without the written consent of the other. C. This Agreement shall be construed under the laws of the State of Iowa. D. In the event any portion of this Agreement is found invalid, the remaining portions shall be severable and shall remain in full force and effect. / ~-~ day of /~:- , 1995. Dated this CITY OF IOWA CITY Susan M. Horowitz, Mayor Attest: ~-~--) ~. Mari~'~ K. Karr, City Clerk "City Attorney's Office MAYOR'S YOUTH EMPLOYMENT PROGRAM An Iowa Not-for-profit Corporation STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis Z~~4' dayof ,.~L///~' ,A.D. 19 ~, before~me, the.u~dersigned, a Notary/~P~blic in_~and for the State of Iowa, personally ap~red /~/,.,~ and ~/~ ~.~/',~,,~ ~ , to m~.e personally knqwn, ~vho,~being by me duly sworn, did say that they are the _~'x'¢c~,~- /.), ',,~'~- and _ .~,~-~' ~/~,~--/~-~, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is.t,~e seal of Asaid) said corporation by..autho, rity, of its Board of Directors; and that the said cY'x~,-./~,~ ~[~,o~- and ~ as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them volu~arily executed. Notary P6blic in and for said County and State 3 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ! ~ day of ,~,~-~ , 19 ~$ , before me, __~,~ ~:~- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordnance) (Resolution) No. ~',5- £52_ passed by the City Council, on the / ~ day of (~u_s~- , 19 ~..~ ., and that Susan M. Horowitz and Marian K. Kerr 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. finacctg\myep.agt Notary Public in and for the State of Iowa RESOLUTION NO. 95-233 RESO[~UTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT, A WATER MAIN EASEMENT AGREEMENT AND A STORM WATER MANAGEMENT EASEMENT AGREEMENT FOR MEADOWLARK CONDOMINIUMS. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, C.B. Development submitted a site plan for development of property located on Lakeside Drive, known as Maedowlark Condominiums; and WHEREAS, City staff has approved the site plan for Meadowlark Condominiums subject to the property owners entering into a Sanitary Sewer Easement Agreement, a Water Main Easement Agreement and a Storm Water Management Easement Agreement; and VVHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer Easement Agreement, Water Main Easement Agreement and the Storm Water Management Easement Agreement for Meadowlark Condominiums. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at C.B. Development, Ltd.'s expense. Passed and approved this 1st day of Aueust , 1995. Resolution No. 95-233 Page 2 It was moved by K.h~ and seconded by adopted, and upon rol~ call there were: the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT made and entered into by and between CB Development, Ltd., hereinafter referred to as "Developer", and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, Developer hereby grants to the City an easement for the purpose of constructing, reconstructing, operating and maintaining a storm water control structure and storm water storage area over and across the real estate described in the attached ~asement ~]at, certified on March 9, 1994, and recorded c0ntemporaneously herewith. Developer further grants to the City the following rights in connection with the above easement grants: 1. The right to grade and regrade the area included within the Storm Water Management Easement provided that the City shall promptly reseed any areas upon which such grading or regrading has been accomplished. 2. The right from time to time to trim and cut down and clear away any and all trees and brush on said Storm Water Management Easement area which now or hereafter, in the opinion of the City, may interfere with the natural passage of stormwater through the storm water storage area or access to any part of the storm water storage area, provided that any damage to the storm water storage area shall be promptly repaired by the City. 3. The right of ingress and egress over and across the Storm Water Management Easement area for the purpose of construction or ordinary maintenance within ~he Storm Water Management Easement area. Developer and its successors and assigns reserve the right to use the Storm Water Management Easement area for any purpose which will not interfere with the City's full enjoyment of the rights herein granted; provided that Developer or its successors in interests shall not erect or construct any buildings, fences or other structures or obstructions on said areas, or substantially add to the ground cover on said areas. Subject to the easement rights granted'to the City, the owner of the Storm Water Management Easement area, whether said lot be improved or unimproved, shall keep said area free from weeds and debris and shall maintain the entire area so as to minimize erosion in and around the storm water storage area. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described; that. it has a good and lawful right to convey the same. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and m/n with the land. Dated this ~ day of ~£8~'~/ , 194. CB DEVELOPMENT, , LTD. Carol BarKer President and Secretary' ATTEST: CITY OF IOWA CITY, IOWA clot6 Clerk - 3 - STATE OF IOWA ) ) JOHNSON COUNTY ) On this 2~~ day of tFa~.~/ , 1994, before me, the underslgned, a Notary Publ~dln and for the State of Iowa, personally appeared Carol Barker to me personally known, who, being by me duly sworn, did say that she is the Presiden% and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Carol Barker as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. Notary Public ~n an~ for said State STATE OF.IOWA ) ) ss: JOHNSON COUNTY ) On this / ~ . day of ~- , 1995, before me, the undersigned, a Notary Public in and for the State of Iowa~ personally appeared Susan Horowitz and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa,. executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between C B Development, Ltd., hereinafter referred to as Developer, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other v~luable consideration, the receipt of which is hereby acknowledged, Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the real estate described in the attached easement plat, certified 0n March 9, 1994, and recorded conte~poraneously herewith. Developer further grants to the City: 1. The right 6f grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereQfter in the opinion of the City may be a hazard to said easement areas, or which 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 areas. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Developer reserves the right to use said easemeLt areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Developer shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, - 2 - or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part hereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion by Developer, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this ~' day of ~ ~'~'~,~/- , 1994. C B DEVELOPMENT, LTD. Carol Barker President and Secretary ATTEST: ~ Clerk CITY OF IOWA CITY, IOWA STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~Q~ day of ~-~'~/'~'{d ~%{ , 1994, 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 say that she is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Carol Barker as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporptfon, by it and by her voluntarily executed. ~l~em~er 23, lg94 ] / . -, '- Notary ~ubl~.c in en~t.. for said State STATE OF IOWA ) ) JOHNSON COUNTY ) $ On thi~ / ~ day of ~=~ , 199~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan Horowitz and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State WATER MAIN EASEMENT AGREEMENT THIS AGREEMENT made by and between C B Development, Ltd., · hereinafter called "Developer", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". WITNESSETH~ It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area described in the attache~ ~asemp~ plat, certified on March 9, 1994, and recorded contemporaneously herewith. Developer further 'grants to the City: 1. The right of grading said easement areas'for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the city may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which 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 the easement rights by the City. Except as expressly provided herein, the City shall have ho responsibility for maintaining the easement area. Developer reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Developer shall not erect or construct any building, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, - 2 - or diminish or substantially add to the ground cover over said easement areas. Developer does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Developer be deemed acting as the Cit~'s agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on geveloper until completion by Developer, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this %9~%~%, day of ~ l_~ ~2w~ ~.t~/ , 1994. C B DEVELOPMENT, LTD. President and Secretary CITY OF IOWA CITY, IOWA ATTEST: ~ Clerk By - 3 - STATE OF IOWA )' ) SS: JOHNSON COUNTY ) On this -~' day of 7u~f.~z~L~z-c/ , 1994, 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 say that she is the President and Secretary, respectively, of ~aid corporation executing the within and foregoing instrument to which this is attached, that no seal has.been procured by the corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Carol Barker as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. Notary Public in andsfor said State STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-- day before me, the undersigned, of ~k~- , 199~, a Notary Public in and for the State of Iowa, personally appeared Susan Horowitz and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the expcution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o ary ~ubl~c ~n and for said State ,/ RESOLUTION NO. 95-234 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 94-253 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO THE ADMINIS- TRATION OF REGULATIONS OF VEHICLES FOR HIRE, WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa, established regulations for vehicles for hire and drivers operating such vehicles within the City of Iowa City; and WHEREAS, 5-2-3 provides that the applicant for a license must file a motor vehicle operator's liability insurance policy in the office of the City Clerk, in a form approved by the City and with minimum limits as set by City Council resolution; and WHEREAS, 5-2-9 provides that any owner or operator licensed or permitted to do business in Iowa City shall, upon payment of the required fee, be entitled to a parking stand at a location on City street right-of-way to be designated by the Parking and Transit Director and Traffic Engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Prior Resolution No. 94-253 establishing certain fees and charges for vehicles for hire is hereby rescinded effective March 1, 1996, and this Resolution adopted and approved in lieu thereof. 2. The following fees are hereby established for vehicles for hire as follows: Processing a company application: $20.00 for a one-year period expiring March 1 unless suspended or revoked, with no refunds. Issuance or replacement of a decal: $40.00 each for a one-year period expiring March 1 unless suspended or revoked. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund. Issuance of driver's badge: $7.50 each driver for a one-year period, or the remaining period of Chauffeur's/Operator's License if under one year. Designation of a parking stand: $660.00 in CBD zone and $420.00 in outlying areas per year for each stand, expiring March 1. Said fee may be pro-rated on a quarterly basis. e. All such fees shall be effective March 1, 1996. The minimum limits for motor vehicle operator's liability insurance are to be quoted for all vehicle for hire operators as "individual" liability amounts, or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be established at the following limits with a deductible not to exceed $500, and shall also comply with all state and federal requirements if greater: Resolution No. 95-234 Page 2 a. "Individual" Liability Amounts To cover the insured's liability for personal injury or death of one person, as a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00). To cover the insured's liability for personal injury or death of more than one person as a result of one accident or other cause, One Million Dollars ($1,000,000.00). To cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Hundred Thousand Dollars ($100,O00.00). b. "Combined" Liability Amount To cover the insured's liability for personal injury or death of one or more persons as a result of any one accident or other cause, and to cover the insured's liability for damage to or destruction of property other than that of the insured as a result of any one accident or other cause, One Million Dollars ($1,000,000.00) combined. Passed and approved this 1st day of August ,1995. ATTEST:'~~ CITY'-CLERK It was moved by Lehman adopted, and upon roll call there were: AYES: NAYS: X X X X and seconded by ABSENT: Pigott X the Resolution be Baker Horowitz Kubby Lehman . Novick Pigott Throgmorton RESOLUTION NO. 95-242 RESOLUTION APPROVING FINAL PLAT OF LONGFELLOW I~IANOR, IOWA CITY, IOWA. WHEREAS, the owners, James J. O'Brien and the Breese Co., Inc., filed with the City Clerk the final plat of Longfellow Manor, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Beginning at a Point where the West Line of the East One-Half of the Northwest Quarter of Section 14, Township 79 North, Range 6 West, of the Fifth Principal Meridian intersects the North Line of the Chicago, Rock Island and Pacific Railway Company's Northerly Right-of-Way line; Thence Northwesterly 32.05 feet along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve, concave Southwesterly whose 32.05 foot chord bears N71 o 17' 10"W; Thence NO1°59'OO"W, along a line Parallel with and 30.00 foot normally distant Westerly of the West Line of the East One-Half of said Northwest Quarter, 612.25 feet, to a Point on the Southerly Right-of-Way Line of Sheridan Avenue; Thence S90°00'00"E, along said Southerly Right-of-Way Line, 430.00 feet, to the Northwest Corner of Lot 1, Block 6, of the "Plat of Rundell," in accordance with the Plat thereof, Recorded in Plat Book 1, at Page 130 of the Records of the Johnson County Recorder's Office; Thence S08°00'00"E, along the Westerly Line of said Lot 1, and the Southeasterly projection thereof, 836.27 feet, to a Point on said Northerly line of the Chicago, Rock Island, and Pacific Railway Company's Right-of-Way; Thence Northwesterly 536.36 feet, along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve concave Southwesterly, whose 535.99 foot chord bears N67°24'O6"W, to the Point of Beginning. Said Tract of Land contains 7.64 Acres more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. Resolution No. 95-242 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa. Passed and approved this 15th day of August , 1995 ATTEST:cl~ ~' C(~.~orney'~ffice It was moved by Novtck and seconded by Lehman adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x X x X X Baker Horowitz __. Kubby Lehman Novick Pigott · Throgmorton ppdadminUor~felLres RESOLUTION NO, 95-243 RESOLUTION APPROVING THE PRELIIVIINARY PLAT OF SADDLEBROOK, IOWA CITY, IOWA. WHEREAS, the owner, Sycamore Farms, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Saddlebrook; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat subject to 1 ) the legal papers for the final plat containing the mitigation plan, 2) acknowledgement that additional mitigation measures may be required at the time of approval of a manufactured housing park site plan or r~!subdivision of Lots 6, 7, 8 and/or 9, and 3) a provision being included in the mitigation plan for the monitoring of the stormwater management system, including the constructed wetlands on Lot 10, for a five-year period. A wetlands specialist shall submit an annual report assessing the performance of the stormwater management mitigation plan. This report shall identify any deficiencies or maintenance requirements for the stormwater mitigation system and shall propose alterations or corrective measures to be taken by the owner to address any concerns, and the owner shall perform the proposed alterations or corrective measures to address such concerns; 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 Saddlebrook, Iowa City, Iowa, is hereby approved subject to 1 ) the legal papers for the final plat containing the mitigation plan, 2) acknowledge- ment that additional mitigation measures may be required at the time of approval of a manufactured housing park site plan or resubdivision of Lots 6, 7, 8 and/or 9, and 3) a provision being included in the mitigation plan for the monitoring of the stormwater management system, including the constructed wetlands on Lot 10, for a five-year period. A wetlands specialist shall submit an annual report assessing the performance of the stormwater management mitigation plan. This report shall identify any deficiencies or maintenance requirements for the stormwater mitigation system and shall propose alterations or corrective measures to be taken by the owner to address any concerns. Further, the owner shall perform the proposed alterations or corrective measures to address the reported concerns. 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. Resolution No. 95-243 Page 2 Passed and approved this 15th day of August ,1995. CIT~T CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppd admln~.s d[btoo k.~ e~ RESOLUTION NO. 95-244 RESOLUTION APPROVING THE PRELIMINARY MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK LOT 5, IOWA CITY, IOWA. WHEREAS, the owner, .Sycamore Farms, Inc., filed with the City of Iowa City, Iowa, an application for approval of the preliminary manufactured housing site plan for Saddlebrook Lot 5; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary manufactured housing site plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary manufactured housing site plan and, after due deliberation, recommended acceptance and approval of the preliminary manufactured housing site plan; and WHEREAS, the preliminary manufactured housing site plan 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 manufactured housing site plan of Saddlebrook Lot 5, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary manufact- ured housing site plan after passage and approval by law. Passed and approved this 15th day of August , 1995. CITY CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppda dm~n~,saddieb r.r e s STAFF REPORT To: Planning & Zoning Commission Item: SUB95-O012. Saddlebrook GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: File Date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Robert Miklo Date: July 6, 1995 Sycamore Farms Inc. 4642 Oak Crest Hill Road Iowa City, IA 52244 Phone: 338-4739 Preliminary plat and manufactured housing park approval. To allow development of a manufactured housing park. South of the intersection of Highway 6 and Heinz Road and east of Bon Aim Mobile Home Lodge. Subdivision 222.62 acres. Manufactured Housing Park acres, 40.88 Agricultural; RR-1, RFBH, RS-8 and RM- 20 North- Industrial and Residential; I-1 and RFBH. East- Agricultural and Residential; RR-1 and RS (County). South - Agricultural; RR-1. West-Agricultural and Residential; RFBH, R5-B and RS (County). June 19, 1995 August 3, 1995 Municipal water and sanitary sewer service are available to serve the site. Police and Fire protection will be provided by the City. Solid waste disposal will be provided by a private hauler. 2 Transportation: Street access will be provided initially through an extension of Heinz Road south of U.S. Highway 6. Secondary access will eventually be provided from Saddlebrook Parkway, an east-west parkway, and by extension of Whispering Meadows Drive into the subdivision. Transit service will initially be provided from the Iowa City Transit stop at Bon Aire Mobile Home Court, When at least two means of access are established, then an extension of Iowa City Transit service into the subdivision can be considered. This may be the extension of an existing route or could be a new route. Physical characteristics: The site slopes from north to south towards the Snyder Creek Bottom. Areas of Hydric soil are located in the western, northeastern portions of the subdivision. An existing dwelling and farm buildings are located on Lot 3. BACKGROUND: The annexation and rezoning process for the 422 acre Sycamore Farms development was completed in August of 1994, In August of 1994 a preliminary plat, referred to as Lake Calvin Estates, was submitted for 42.56 acres of the property. That plat was withdrawn by the applicant in November 1994. The applicant has now submitted a preliminary plat for 222 acres of the 422-acre Sycamore Farms area. A manufactured housing park is proposed for Lot 5 and the southern portion of Lot 3. The proposed 10-1ot subdivision known as Saddlebrook is subject to the Conditional Zoning Agreement (CZA) which applies to the entire Sycamore Farms annexation area. That agreement includes requirements for a mitigation plan designed to protect the Snyder Creek Bottoms from storm water runoff; dedication of neighborhood open space and payment for all oversize cost except those associated with an east-west parkway. The preliminary plat and manufactured housing park site plan as submitted contain deficiencies and discrepancies which are noted at the end of this report, A revised plat was submitted on June 30. Staff has not had the opportunity to review it. Additional deficiencies and discrepancies may be identified on the revised plan. ANALYSIS: Subdivision Design: The proposed subdivision design is based on an east-west parkway referred to as Saddlebrook Parkway. This parkway travels from the southwestern portion of this subdivision to the eastern property line. In the future it is anticipated that the parkway will continue to the west to Sycamore Street and to the east to Sioux Avenue or Scott Boulevard. Two collector streets, Heinz Road and Whispering Meadows Drive, provide 3 connections to Highway 6 and the Whispering Prairie Subdivision to the north. It is anticipated that a series of local streets will be proposed in the future within Lots 7, 8 and 9, the RS-8 section of the subdivision. At a minimum, two east-west local streets should be provided on Lot 9 to assure access to the Gatens Trust property to the west. A manufactured housing park is proposed for Lot 5 with a management office and club house to serve the development located on the southern portion of Lot 3. The details of the proposed manufactured housing park are discussed near the end of this report. Staff had originally proposed that the east-west parkway be located along the northern boundary of the Snyder Creek bottoms conservation easement. The location of Saddlebrook Parkway farther to the north may be a suitable alternative. Either location will provide for development of an east-west parkway through this development and the potential for a street network to serve the properties to the east and west. Saddlebrook Parkway is proposed to be constructed according to modified arterial street standards and will contain 34 feet of pavement within an 85-foot wide right-of-way. An 8-foot wide sidewalk will be located along its south side and a 4-foot wide sidewalk will be on the north side. The adjacent subdivisions will be designed so that access to Saddlebrook Parkway will be limited to collector streets and a minimal number of local streets. A disadvantage of locating Saddlebrook Parkway north of the ridgetop will be the loss of the panoramic view of the Snyder Creek bottoms that would have been available if the parkway was constructed farther to the south. On the other hand, the location of the parkway farther away from the ridge line may result in less grading near the environmentally sensitive Snyder Creek bottoms. Another disadvantage of the proposed location of Saddlebrook Parkway will be its effect of splitting this proposed development into two separate neighborhoods. The negative effects caused by this can be reduced if adequate setbacks are provided for the individual dwelling units that will be located adjacent to Saddlebrook Parkway. The plan for the manufactured housing park indicates that the dwelling units will be set back 40 feet from the right-of-way. This meets the setback requirements for arterial streets contained in the Zoning Ordinance. Secondary Access: It is anticipated that construction of Heinz Road will be completed to the entrance of the proposed manufactured housing park on Lot 5. However, as development progresses to the south and west, an additional means of access to the Saddlebrook area will be required. At least a portion of Saddlebrook Parkway will need to be constructed as well as Whispering Meadows Drive to connect to the north. Eventually, Saddlebrook Parkway will need to be extended to the western boundaries of this subdivision and then farther west to Sycamore Street. The Conditional Zoning Agreement for the Sycamore Farms area specifies that the developer will pay all infrastructure costs, including oversize costs for utilities and roadways. Depending on timing of other development in this portion of the community, it may be in the City's interest to contribute to the construction of Saddlebrook Parkway to provide for a street network for southern Iowa City. Stormwater IVlitigation Plan: The proposed preliminary plat of Saddlebrook has been accompanied by the required mitigation plan which addresses storm water runoff and treatment for this initial phase of the overall development. The actual stormwater management facilities for this portion of the development are located on Lot 10 within the conservation easement area and on Lot 6. The stormwater mitigation plan proposes the use of two upper stormwater detention basins which would then release into a larger stormwater detention basin proposed in the agricultural wetlands within the Snyder Creek Bottoms conservation easement. The lower stormwater 4 retention basin would include constructed wetlands and a series of betres designed to filter the stormwater prior to its release into the emergent wetland area to the west and south. This concept for stormwater mitigation appears to be generally acceptable. However, the applicants' proposal to phase construction of the mitigation basins is of concern. The applicants are proposing to construct the western upper basin with the development of the manufactured housing park on Lot 5. They propose constructing the lower basin after the development of Lot 5 is completed. To assure effective and timely implementation of the storm water mitigation plan, staff recommends that the lower basin be constructed as a requirement for the manufactured housing park on Lot 5. The mitigation plan is being reviewed by the staff's Environmental Technical Advisory Committee. It should be approved, and the issue of time of construction should be resolved prior to the preliminary plat approval. Other Stormwater Management Issues: Lots 7-9 and the east central portion of Lot 2 contain areas of hydric soils. The legal papers for the final plat of this subdivision should contain language regarding requirements for drainage tiles for any buildings which include basements within these portions of the subdivision. This condition should be noted on the preliminary plat. Hydric soils may affect the construction of Whispering Meadows Drive and Saddlebrook Parkway. At the time of final plat approval the construction plans should address this concern. All of Lot 1, approximately the northern 1/3 of Lot 3 and approximately the northern 2/3 of Lot 2 drain to the north. Therefore, stormwater management for this portion of the plat must be provided independently from the proposed stormwater facilities to the south. The Public Works Department recommends that the detention basins for these areas be located near the intersection of Highway 6 and Heinz Road. These basins could be designed to provide an attractive amenity at the entrance of the overall development. The plat will need to be revised to address this concern. The southern portion of Lot 9 drains to the southwest. The applicant is proposing that storm water from this portion of the development be directed to the regional stormwater basin that the City is planning to build to the west of Saddlebrook subdivision. Depending on the design and timing of construction of the proposed regional stormwater facility, this may be an acceptable solution. Payment of fees for the development of the regional basin will be required for the portion of Lot 9 that is proposed to drain to the regional basin. This issue will need to be resolved at the time of final plat approval. Open Space: According to the Neighborhood Open Space Ordinance and the conditional zoning agreement for Sycamore Farms, the area being platted would require the dedication of 6 acres of neighborhood open space. Approximately 2 acres of neighborhood open space is proposed along the west side of Lot 6 (to the west of the storm water basin). An additional acre is proposed within the 50-[eet wide sanitary sewer easement between Lots 5 and 7. This will allow the extension of a trail from the Whispering Meadows Wetland Park to the Conservation easement. The Parks and Recreation Commission has indicated that the remaining three acres of Neighborhood Open Space should be provided along the west boundary of Lot 9, so that it may be combined with any open space required when the Gatens' tract develops. The exact location of the additional neighborhood open space will need to be identified prior to the development of Lot 9. Manufactured Housing Park: A 225-1ot manufactured housing park is proposed for Lot 5 and the southern portion of Lot 3 of Saddlebrook, The manufactured housing park would be entered via Paddock Boulevard, a private drive intersecting with Heinz Road, Paddock Circle, a looped street with a series of cul-de-sacs would provide access to the individual rental pads within the manufactured housing park, Staff has completed an analysis of the street system and the need for secondary access. It has been determined that secondary access is not needed for the manufactured housing park. It is anticipated that the park would generate approximately 1,400 vehicle trips per day. These trips would occur on Heinz Road, which is a collector street. The guideline for vehicle trips per day on a collector street without secondary access is approximately 2,500. There appear to be no physical barriers or constraints that would warrant secondary access for the mobile home park at this time, The internal street system within the manufactured housing park would be constructed to the City's requirements for private drives within such developments. This includes a four-foot sidewalk on each side of the private streets. The sidewalk would be immediately adjacent to the curb ~s allowed by code in such parks. The Fire Marshal has reviewed the hammerhead design of the private streets and has found it acceptable. The location of a fire lane to provide emergency access to Lot 5 from Saddlebrook Parkway should be shown on the plan for the manufactured housing park. The manufactured housing park regulations require that an area equivalent to 9% of the park area be devoted to open space. The applicants are proposing to provide this required open space in the form of a trail system located near the center of the park and at the eastern and southern perimeters of the park. The portion of the open space along Heinz Road and Saddlebrook Parkway would also contain the public sidewalk for these streets. Because of a portion of the sidewalk would be located outside of the right-of-way, a pedestrian access easement will be required. As noted at the beginning of the report, a management office and clubhouse are proposed on the south side of Lot 3 at the entrance of the park. The existing single-family home on Lot 3 and some of the existing farm buildings would be retained on Lot 3 as non-conforming structures. The nearest transit service for this development is available at the Bon Aire Mobile Home Lodge. As this project develops and other properties develop in the area, it may be desirable to provide a more centralized transit stop. The intersection of Paddock Boulevard and Heinz Road is a possible location for such a stop. It may be possible to provide a transit stop for both Bon Aire Mobile Home Lodge and Saddlebrook in this location. For this reason, staff recommends that a pedestrian access easement be provided across the southern portion of Lot 3 to the southwestern corner the Bon Aire Mobile Home Lodge. This will allow the City to consider the combined transit stop at this site in the future if warranted. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Saddlebrook and the manufactured housing park plan for Lots 3 and 5 be deferred pending resolution of the deficiencies and discrepancies listed at the end of this report and approval of a mitigation plan. Upon resolution of deficiencies and discrepancies and approval of the mitigation plan, staff recommends approval. 6 DEFICIENCIES AND DISCREPANCIES: 1, The areas of hydric soil should be noted on the plat. 2, Storm water management basins should be provided for the northern portion of the plat. 3. A pedestrian access easement should be provided across the southern portion of Lot 3 between the Bon Aire Mobile Home Court and Heinz Road/Paddock Boulevard. 4. The legal description for the manufactured housing park should indicate that it includes portions of Lot 3, 5. The site plan for the manufactured housing park should indicate that the parking lot for the management office/clubhouse will comply with the City's tree ordinance, 6. A sidewalk should be provided on the south side of Paddock Boulevard. ATTACHMENTS: 1. Preliminary Plat/draft Stormwater Mitigation Plan. 2, Manufactured Housing Park Site Plan, n;nd ~subO012.¢m LOCATION MAP SUB95-0012 SADDLEBROOK PRELIMINARY PLAT _% i I Itli~ "ilI Typical Lot Paddock City of Iowa City MEMORANDUM Date: To: From: Re: July 20, 1995 Planning & Zoning Commission Robert Mildo, Senior Planner SUB95-0012. Saddlebrook The applicants have submitted a revised preliminary plat of Saddlebrook and a revised development site plan for the proposed manufactured housing park on Lots 3 and 5 of Saddlebrook, Staff has not completed Its review of the revised plan. If them are any deficiencies and discrepancies noted in staff's review, they should be corrected prior to approval, The applicants have also Indicated that they are now proposing to build the stormwater mitigation basins with the Initial development of the Saddlebrook Manufactured Housing Park. bcS-~RM RESOLUTION NO. 95-245 RESOLUTION APPROVING FINAL PLAT OF WALDEN WOOD, PART 9, IOWA CITY. IOWA. WHEREAS, the owner, Tom Lepic, filed with the City Clerk the final plat of Walden Wood, Part 9, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Lot 78 Walden Wood, Part 7 according to the plat theroof recorded in Plat Book 32, Page 39, plat records of Johnson County, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has be~.n made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the easements and open space as provided by law. J The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk of the City of Iowa City shall record the legal documents and the plat atthe office of the County Recorder of Johnson County, Iowa, at the expense of the owner/subdivider. Passed and approved this 15th day of August ,1995. ATTEST: CI~ CLERK ~ Cit~° r ney~f f ice o~ -/~3- ~o,~--~' Reeolutlon No. 95-245. !...¥ Page 2 It was moved by Lehman adopted, and upon rol~ call there were: and seconded by. Pigott ABSENT: · AYES: NAYS: X X the Resolution be Baker Horowitz __. Kubby . Lehman Novick __ Pigott __ Throgmorton STAFF REPORT To: Planning and Zoning Commission Item: SUB95-0022; Walden Wood, Part 9 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Charles Denney Date: August 3, 1995 Tom Lepic 500 S. Dubuque Street Iowa City, IA 53340 351-8811 Approval of a final plat. To allow a six lot residential subdivi- sion. West side of Walden Road, South of Sylvan Glen Court. 3.01 acres. Vacant; RS-8 North - Residential; PDH-12 East - Retirement Center; PDH-12 South - Vacant; RS-8 West - Residential; RS-8. This site lies at the boundary between low density (2-8 DU/A) and medium density (8-16) DU/A) residential areas. Provisions of the RS-8, Medium Density Single Family Residential zone; and the Subdivision Regulations. July 13, 1995 August 28, 1995 September 11, 1995 City sewer and water are available to the site. Police and fire protection will be provid- ed by the City. Sanitation service will be provided by the City. Transportation: Physical characteristics: This site is located near two transit routes: The Westwinds route at Mor- mon Trek Boulevard and Benton Street, and the Plaen View route at Mormon Trek Boulevard and Rohert Road. The site is located along a hillside, sloping downward from south to north, with a total elevation change of 38 feet, There are some trees located on the southern one-third of the site. BACKGROUND INFORMATION: The applicant, Tom Lepic, is requesting final plat approval for Walden Wood, Part 9, a six lot, 3.01 residential subdivision located on the west side of Walden Road, south of Sylvan Glen Court. The preliminary plat was approved by the City Council on June 27, 1995. ANALYSIS: Zoning Chapter Compliance The final plat has been reviewed by staff and appears to conform with the general requirements of the RS-8, Medium density, Single-Family, zone. Subdivision Ordinance Compliance The proposed final plat for Walden Wood, Part 9 appears to be in general compliance with the City's subdivision regulations. Legal papers have been submitted and are being reviewed by the City Attorney's Office. Construction plans have been submitted and are being reviewed by the Public Works Department. Both the legal papers and construction plans must be approved prior to City Council consideration of the plat. Consistent with the preliminary plat, Outlot "A", containing 1.73 acres, is to be dedicated as public open space. STAFF RECOMMENDATION: Staff recommends that the final plat of Walden Wood, Part 9 be approved subject to approval of legal papers and construction plans prior to City Council consideration of the plat. ATTACHMENTS: 1. Location Map. 2. Final Plat ppdadmi~\$tf mp~SUBOO22.CD Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION I~AP WALDEN WOOD PART SUB95-0022 WEST HIGH SCHOOL ROHRET ~ '. Final PlaL Walden Wood ParL 9 (^ Resub. of Lot ?8, Walden Wood Pt. Iowa City, Iowa PLAT PREPARED BY: OWNER/SUBDIglDER M~{S CONSULTAN~ INC. TOM LEPlC 1917 SOUTH GILBERT ST. 200 S. DUBUQUE ST IOWA CITY. IOWA. 5~240 IOWA CITY, IA ?) OWNER'S ATI])RNEY MICHAJEL IV. KENNEDY 500 S. DUBUQUE ~ IOWA CITY, [A Wakien OUTIJOT 'A' City of {o,a City · ~ - FINAL PLAT 9 q ~-. WALDEN WOOD PART 9 k~_.; {~_,A~._ IOWA CITY. IOWA f - 4897'1RI LEGEND AND NOTES t = g4.8~' R MMS COHSULTA}{T8, ]I{¢. i PER }C RENEW RESOLUTION NO. 95-246 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF BRITT'S FIRST ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the subdivider, James R. Davis, on behalf of the owner, Florence E. Davis, filed with the City Clerk the preliminary and final plat of Britt's First Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa: That part of the Southwest Quarter (SW ~A) Northwest Quarter (NW ~A) of Section Twenty (20), Township Seventy-nine (79) North, Range Six (6) West of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as follows: Beginning at the SW Corner of said SW ~A NW ~; Thence NOO°57'21" W along the west line of said SW ~A NW ~A, 1318.56 feet to the NW corner of said SW ~A NW ~A; Thence N88°49'27"E along the north line of said SW ~ NW ~A, 1017.33 feet to the west line of Lot 1 of Kitty Lee Subdivision, Johnson County, Iowa; Thence S00°52'53"W along said west line of Lot 1, 64.83 feet to the SW corner of said Lot 1; Thence S00° 14'O7"W, 291.43 feet to the SW corner of Lot 2 of said Kitty Lee Subdivision; Thence N88°11 '48"E along the south line of said Lot 2, 317.84 feet to the east line of said SW ~A NW ~A; Thence SO0 o 52' 13"E along said east line, 969.19 feet to the SE corner of said SW ~A NW Y4; Thence S88°57'57"W along the south line of said SW ~A NW ~, 1325.54 feet to the Point of Beginning, containing 37.647 acres more or [ess, which includes O.921 acres of road right-of-way to be dedicated to the public and is subject to any easements or restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and, after due deliberation, recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995), and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of all easements as provided by law. Resolution No. 95-246 Page 2 The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk of the City of Iowa City shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, at the expense of the owner/subdivider. Passed and approved this 15th day of August ,1995. ATTEST: ,,,~~ '~. ~ CITY CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdodm~n~brit t.re$ STAFF REPORT To: Planning & Zoning Commission Item: SUB9§-O024. Britt's First Addition GENERAL INFORMATION: Applicant: Property owner; Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Prepared by: Scott Kugler Date: August 3, 1995 James R. Davis 2709 Friendship St. Iowa City, IA 52245 Phone: 338-5327 Florence Davis 701 Oaknoll Dr. Iowa City, IA 52246 Preliminary and final plat approval. To allow a two-lot residential subdivi- sion. West side of Kitty Lee Lane, approxi- mately Y2-mile north of Highway 1. 36.73 acres. R1 A, Urban Residential. North: Residential, R1A. East: Residential, RS. South: Agricultural, R1A. West: Agricultural, R1A. Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: '60-day limitation period: Fringe Area 7 Policy; Article 14-7, Land Subdivisions. July 14, 1995. August 28, 1995. September 12, 1995. BACKGROUND INFORMATION: The applicant, James R. Davis, is requesting preliminary and final approval of Britt's First Addition, a two-lot, 36.73 acre residential subdivision located on the west side of Kitty Lee Road, approximately ~-mile north of Highway 1. The property is located within Fringe Area 7. The property contains an existing house, to be located on proposed Lot 1, and farm land. ANALYSIS: Fringe Area Agreement: Fringe Area 7 is split into two subareas, defined by a watershed divide which corresponds with the City's projected growth area. One side of the divide drains to the northeast and is potentially sewerable through the use of a gravity system. The subject property lies within this subarea. The Fringe Area 7 Policy states that continued agricultural use is preferred, and that annexation within the subarea will be evaluated as development proceeds. This particular site is not contiguous with the current city boundary, so annexation cannot be considered without involuntarily annexing a number of intervening properties. However, in the long term this area could potentially be annexed into the City. Residential subdivisions proposed in this subarea must meet City Urban Design Standards. City Urban Design Standards: City Urban Design Standards call for the installation of sanitary sewer and water systems, storm sewer/storm water management facilities and sidewalks. Although City sewer and water are not yet available to this area, the installation of the lines could be required for use at a later time. Given the fact that this subdivision could result in the construction of only one additional dwelling, and urban infrastructure has not been installed on adjacent residential lots along Kitty Lee Lane, staff recommends that these requirements be waived for this subdivision. If Lot 2 is further subdivided into residential lots in the future, this infrastructure can be required at that time. Preliminary and Final Plat: The proposed preliminary and final plat appears to be in general conformance with the City's subdivision regulations. However, Lot 1 is designed as a "flag lot," containing a narrow frontage and the buildable portion of the lot well removed from the street. Such a design results in the potential for more lots along a given roadway than would normally be permitted. When taken to its extreme, flag lot development can impede emergency vehicles and can make it difficult to provide other public services and utilities. Ideally a lot should have a consistent lot width its entire length. In this case, staff recommends that a precedent for flag lot development not be set and Lot 1 be widened to 180 feet for its entire length, which would be consistent with the existing lots along Kitty Lee Lane. If the applicant chooses not to widen the lot, the minimum 80-foot lot width (the County's minimum lot width in the R1A zone) should be provided for Lot 1. In addition, legal papers will have to be approved by the City Attorney's Office prior to Council consideration of the plat. STAFF RECOMMENDATION: Staff recommends that SUB95-0024, a request for preliminary and final plat approval of Britt's First Addition, be approved subject to the approval of legal papers by the City Attorney's Office prior to City Council consideration of the plat and widening the eastern portion of the lot from 60 feet to the required 80 feet. 3 DEFICIENCIES AND DISCREPANCIES: 1. No legal papers were submitted with the plat. 2. Lot 1 should be a minimum of 80 feet wide. ATTACHMENTS: Location Map. Preliminary and Final Plat. ~subOO24.sk Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATOON MAP SUB95-OO2Z~ E~RITT'$ FIRST ADDiTiON C~ 'l} -- C:x,~ffORKiNG~SU~G5 -0024