HomeMy WebLinkAbout1995-10-24 ResolutionRESOLUTION NO. 95-300
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
The Que - 211 Iowa Avenue
I-
It was moved by Th~ozm~rto~ and seconded by
as read be adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
x
x
x
x
that the Resolution
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
Passed and approved this. 2/,~h day of
ATTEST: ~,.~
CIT?' CLERK
~danceprm.tes
RESOLUTION NO. 95-301
RESOLUTION ACCEPTING THE WORK FOR THE
FY95 ASPHALT RESURFAClNG PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
FY95 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and
L.L. Pelling Company, dated April 12, 1995, be accepted, and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 24th day of October
, 1995
ATTEST: ~..~.~ ~.
CITY CLERK
Approved by
Ci~~y's Office
It was moved by Thromuorton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
CITY OF I0 WA CITY
ENGINEER'S REPORT
October 10, 1995
RE: FY95 Asphalt Resurfacing Project
I hereby certify that the construction of the FY95 Asphalt Resurfacing 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 $ 578,875.12. I recommend
that the above referenced improvements be accepted by the City of Iowa City,
Sincerely,
9
RESOLUTION NO. 95-302
RESOLUTION ACCEPTING THE WORK FOR THE ROHRET ROAD
RECONSTRUCTION PROJECT, PHASE 2
WHEREAS, the Engineering Division has recommended that the work for construction of the
Rohret Road Reconstruction Project, Phase 2 as included in a contract between the City of
Iowa City and Streb Construction Co., Inc. of Iowa City, Iowa, dated April 7, 1995, be
accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 24th day of October
ATTEST: ~~ CIT~' CLERK
,1995.
It was moved by Throgmor~on and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
x
X
X
x
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
CITY OF IOWA CITY
ENGINEER'S REPORT
October 24, 995
Honorable Mayor and City Council
Iowa City, Iowa
RE: Rohret Road Recontruction Project, Phase 2
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Rohret Road Recontruction Project,
Phase 2 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 $1,488,215.96.
I racommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,.
Richard A. Fosse, P.E.
City Engineer
RESOLUTION NO. 95-303
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
A'FI'EST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FOR PROPERTY LOCATED AT
918 E. BLOOMINGTON STREET.
WHEREAS, the City of Iowa City is the owner and holder of a certain Declining Lien has a current
amount due of $5,000, and this loan was executed by the owner of 918 E. Bloomington Street
on November 26, 1985, and recorded February 28, 1986, in Book 830, Page 109 thru 111 in the
Johnson County Recorder's Office covering the following described real estate:
Commencing at a point 160 feet East of the Southwest corner of Out Lot 7 in Iowa City,
Iowa, according to the recorded plat thereof; thence North 150 feet; thence East 40 feet;
thence South 150 feet; thence West 40 feet to the place of beginning.
and
WHEREAS, property owner of 918 E. Bloomington Street used the $5,000 that was recorded, and
WHEREAS, said Declining Lien created a lien against the subject property; and
WHEREAS, University of Iowa Community Credit Union, Iowa City, Johnson County, Iowa, will
make a loan at the sum of $68,800 promissory note that will be executed by the owner of 918 E.
Bloomington Street covering the real estate described above, and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute the
attached subordination agreement, thereby making said rehabilitation lien held by the City
subordinate to the lien of said mortgage that was by University of Iowa Community Credit Union,
and,
WHEREAS, there is sufficient value in the above described real estate to secure said
rehabilitation loan as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and University of Iowa Community Credit
Union, Johnson County, Iowa.
Passed and approved this 24th day of October:
,1995.
ATTEST: Ci~ CL~ERK ~'
Appr/~~r.~ ?,~ -~_.) ,~'~--'
Cid/Attomey~ Office
Res. No. 95-303
Page 2
2
It was moved by ThrnF_jnnrl-nn and seconded by Lehman
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Thingmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union of Iowa City, Iowa
herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is
in the amount of $ 5,000.00 and was executed by
(herein the Owner), dated November 26 199.5 recorded
February 28 19 86 ~ in Book 830 , Page 10~ Johnson County
.Recorder's Office, covering the following-described real property:
Coa~nencing at a point 160 feet ~ast of the Southwest corner of Out Lot 7
in Iowa City, Iowa, according to the recorded plat thereof; thence North
150 feet; thence East 40 feet; thence South 150 feet; thence West 50 feet
to the place of beginning.
WHEREAS, the Financial Institution proposes to loan the sum of $68,800.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted rehabilitation loan held by t~e City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
of subordination herein.
Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the rehabilitation loan of the City.
SUBORDINATION AGREEMENT
Page 2
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto,
Dated this Z¥'/~ day of ~)c~,~ ,19 ~'.5
CITY OF IOWA CITY
~ ~.or
Attest:
FINANCIAL INSTITUTION
lerk
ClTY'S ACKNOWLEDGEMENT
Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this z ~'~ day of Oc/'g._r- ,199~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ..~v.~.,,_ 7¥t. /.h~-~; ¥.-_ and
Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(.Omqf~noe-) (Resolution) No. ?.~ -.~;7passed (!he Resolution adopted) by the,City Council,
under Roll Call No ..... of the C~ty Council on the . ~¥'"-~- day of
gL-,~h~,.- ,'19 9'~ ,andthat ,9.,~ ~r'~. /.-~.c,,.~;.,L;,_ and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
On this ~,.~-rw day of <:3~--'To,~-..,"~-_ ,A.D. 19 ~5" , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
~.~...~-.- ~,~,.~r' and , to me personally known, who
SUBORDINATION AGREEMENT
Page 3
being by me duly sworn, did say that they are the L/~c-~ P,~-r~$~-~_~,-r and
, respectively, of said corporation executing the within and foregoing
instrument to whleh this is attached, that said Instrument was signed and~,ealed on behalf of
said corporation by authority of its Board of Directors; and that the said
a~d as such officere acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed,
nqng~Subrdn~.agm
Notary Pubhc in and' fer ~he Stat~ of Iowa
RESOLUTION NO. 95-304
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 712
IOWA AVENUE, IOWA CITY, IOWA
WHEREAS, on November 5, 1986, the property owner of 712 Iowa Avenue executed a no interest
Seven Year Depreciating Lien in the amount of $17,500 through the City's Housing Rehabilitation
Program; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, the terms of the note were satisfied November 5, 1993.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for
recordation, whereby the City does release the property located at 712 Iowa Avenue, Iowa City,
Iowa, from an obligation of the property owner to pay to the City the $17,500 which was recorded
in Book 895 Pages 014 thru 016, of the Johnson County Recorder's Office
Passed and approved this 24th day of October
,1995.
CITY-CLERK
MAYOR A~,~by '"'- ")._
Gity Attofhey's Office
It was moved by 'rhrogmor.ton
adopted, and upon roll call there were:
AYES: NAYS:
and seconded by Lehman
ABSENT:
ppdrehab~?l 2Iowa.res
x Baker
x Horowitz
x Kubby
x Lehman
x Novick
x Pigott
x Thregmorton
the Resolution be
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 712 Iowa Avenue, Iowa City, Iowa,
legally described as follows:
Commencing at the southwest corner of Lot 6, Block 19, Iowa City, Iowa, according to
the recorded plat thereof, thence east 36 feet, thence north 87 feet, thence east 4 feet,
thence north to the south side of the right of way of the Chicago, Rock Island & Pacific
Railway Company, thence in a southwesterly direction along the south line of said right
of way to the west line of said Lot 6, thence south along the west line of said Lot 6 to
the place of beginning. Also a right of way over the following, to-wit: Commencing 36
feet east of the southwest comer of said Lot 6, Block 19, in Iowa City, Iowa, thence east
4 feet, thence north 87 feet, thence west 4 feet, thence south 87 feet to the place of
beginning, subject to a right of way over the following, to-wit: Commencing 36 feet east
of the southwest corner of said Lot 6, Block 19, Iowa City, Iowa, thence west 4 feet,
thence north 87 feet, thence east 4 feet, thence south to the place of beginning. The
intention being to create a driveway 8 feet wide for the use and benefit of the owners
of property adjoining said described driveway. Subject to recorded easements, building
restrictions and purpose of use and occupancy, and municipal zoning ordinances. This
deed is given in compliance with a one certain contract recorded in Book 240 page 389
in the office of the County Recorded of Johnson County, Iowa. Also the rights, if any,
to the South half of the Railread right of way abutting the above described property,
frem an obligation of the preperty owner to the City of Iowa City in the principal amount
of $17,500 represented by a no interest Seven Year Depreciating Lien recorded in the
Office of the Johnson County Recorder's Office on November 12, 1986, in Book 895
Pages 014 thru 016.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY, IOWA
Mayor
A'I-I'EST:
City I~e'rk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ?...~/-/'/- day of ~c--7~/_>~,- , A.D. 19 ~5 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Susan
M. Horewitz and Madan K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority of its
City Council, as contained Resolution No. 9£-.-'7~ adopted by the City Council on the g*/'/'~'day
Oc-/-,,~.~_,, ,19~.~; and that the said Susan M. Horowitz and Maclan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
ppdrehat)[7 t 2iowa ,rel
Notary Public in and for Johnson County, Iowa
RESOLUTION NO. 95-305
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK
TO ATI'EST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT $32
RENO STREET, IOWA CITY, IOWA
WHEREAS, on September 15, 1986, the property owner of 632 Reno Street executed a no
interest Seven Year Depreciating Lien in the amount of $2,500 through the City's Housing
Rehabilitation Program; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, the terms of the note were satisfied September 12, 1993.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA
that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for
recordation, whereby the City does release the property located at 632 Reno Street, Iowa City,
Iowa, from an obligation of the property owner to pay to the City the $2,500 which was recorded
in Book 882 Pages 175 thru 177, of the Johnson County Recorder's Office,
Passed and approved this 24th day of
,1995.
City , tt ey Office
It was moved by Thl~c~gmn~'f' nr~
adopted, and upon roll call there were:
AYES: NAYS:
ppdrehab~623[eno,res
and seconded by Lehman
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
the Resolution be
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 632 Reno Street, Iowa City, Iowa,
legally described as follows:
Beginning at a point 120 feet east of the northwest comer of Lot 19, in Irish's Extension
to Woods Addition to Iowa City, Iowa, according to the recorded plat thereof, thence
East 80 feet, thence south 100 feet, thence west 80 feet, thence north 100 feet to the
place of beginning. Also an easement in common with others for the use of the following
described tract, for purposes of a common ddveway and for a common pdvate sewer
line pdvate water line, to wit: Beginning at a point 28 feet south of the southwest corner
of Lot 19 in Irish's Extension to Woods Addition to Iowa City, Iowa, thence ease 306
feet, thence south 26 feet, thence west 206 feet, thence north 4 feet, thence west 100
feet, thence north 22 feet to the place of beginning.
from an obligation of the property owner to the City of Iowa City in a principal amount of
$2,500 represented by a no interest Seven Year Depreciating Lien recorded in the Office of the
Johnson County Recorder's Office on September 19, 1986, in Book 882 Pages 175 thru 177
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said pdor recorded documents.
CITY OF IOWA CITY, IOWA
A'FI'EST:
By:
C~ty AttoFney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ?_¥' day of
, A.D. 19 ?,5 , before me, the
said State, personally appeared Susan
undersigned, a Notary Public in and for said County,
M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority of its
City Council, as contained Resolution No. ?-5-.~Sadopted by the City Council on the
~ O~4o,g~. , 19'i__5; and that the said Susan M. Horowitz and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
ppd~e;~ab~632reno.tel
Notary Public in and for Johnson County, Iowa
RESOLUTION NO. 95-306
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I'rEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 820
HUDSON AVENUE, IOWA CITY, IOWA
WHEREAS, on March 19, 1987, the property owner of 820 Hudson Avenue executed a no
interest Seven Year Depreciating Lien in the amount of $17,500 through the City's Housing
Rehabilitation Program; and
WHEREAS, said Promissory Note created a lien against the subject properly; and
WHEREAS, the terms of the note were satisfied March 19, 1994.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for
recordation, whereby the City does release the property located at 820 Hudson Avenue, iowa
City, Iowa, from an obligation of the property owner to pay to the City the $17,500 which was
recorded in Book 925 Pages 123 thru 124 of the Johnson County Recorder's Office.
Passed and approved this ?4th day of October
ATTEST: ~~ ~'
CITY'CLERK
,1995.
Cify Attorney's Office
It was moved by Throgmorton
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
and seconded by Lehman
ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
31s'%
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 820 Hudson Avenue, Iowa City, Iowa,
legally described as follows:
Lot 5 in Bailey and Beck's Addition to Iowa City, Iowa, according to the recorded plat
thereof,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$17,500 represented by a no interest Seven Year Depreciating Lien recorded in the Office of
the Johnson County Recorder's Office on March 25, 1987, in Book 925 Pages 123 thru 124.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CiTY OF IOWA CITY, IOWa
ATTEST:
~' ;/Y/~'~/ City~ttorn~'s Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ?-~-'~ day of O~L,;,~. , A.D. 19 75 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Susan
M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority. of its
City Council, as contained Resolution No. ~-.~/.adopted by the City Council on the ~ day
~ Q-~-o~,~-', 19~; and that the said Susan M. Horowitz and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
RESOLUTION NO. 95-307
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK
TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1908
F STREET, IOWA CITY, IOWA
WHEREAS, on October 3, 1990, the property owner of 1908 F Street executed a Promissory Note
and a Mortgage in the form of a 5-year no interest loan in the amount of $3,800 through the City's
Housing Rehabilitation Program; and
WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and
WHEREAS, the balance of the note and mortgage was paid off September 5, 1995.
THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for
recordation, whereby the City does release the property located at 1908 F Street, Iowa City, Iowa,
from an obligation to pay to the City the $3,800 which was recorded in Book 1182 Pages 214 thru
220, the Johnson County Recorder's Office.
Passed and approved this 24th day of October
,1995.
ATTEST: ~L~
CITY-CLERK
MA 6RY~'~4~'~ '
City ~AttornO~/'s Office
It was moved by ?brow, morton
adopted, and upon roll call there were:
AYES: NAYS:
and seconded by Lehman
ABSENT:
ppdrehab\lg08F.res
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
the Resolution be
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1908 F Street, Iowa City, Iowa,
legally described as follows:
Lot Eight (8) of the Plat of Survey of Lots Two (2) to Six (6), Block Thirty-four (34), in
East Iowa City, Iowa, according to the plat thereof recorded in Plat Book 3, page 227,
of the Plat Records of Johnson County, Iowa,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$3,800 represented by a Promissory Note and a Mortgage in the form of a five-year no interest
loan recorded in the Office of the Johnson County Recordefts Office on November 8, 1990, in
Book 1182, Pages 214 thru 220.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said pdor recorded documents.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the property described above by reason of said pdor recorded document.
CITY OF IOWA CITY, IOWA
By: .
AI-FEST:
Approv~
City Attorney(~ Office /'d 'Z.,~ --~'"'
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 2.~ -- day of ~/--c>,~,-- , A.D. 19 (~5 , before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Susan
M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and seale. d on behalf of the corporation by authority.~pf. its
City Council, as contained Resolution No.~'~ ,._-~'~adopted by the City Council on the 24 -~ay
~ ~-i,.~,,. ,., 19.~._~; and that the said Susan M. Horowitz and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
ppd,ehab',1908F.rel
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF KENNEDY'S WATERFRONT
ADDITION, PART THREE, IOWA CITY, IOWA.
WHEREAS, the owners, Paul M. & Mary F. Kennedy and Southgate Development Company,
filed with the City Clerk the final plat of Kennedy's Waterfront Addition, Part Three, Iowa City,
Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Commencing at the Northeast Corner of Section 22, Section 79 North, Range
6 West, of the Fifth Principal Meridian; Thence S89o32'00"W, {A RECORDED
BEARING), 2604.28 feet, to a Point on the West Right-of-Way line of the
CRANDIC Railway Co. Iformerly the Chicago, Rock Island and Pacific Railroad),
and the Northeast Corner of Lot 1, of Kennedy's Waterfront Addition, Part One,
in accordance with the plat thereof Recorded in Plat Book 22, at Page 56, of
the Records of the Johnson County Recorder's Office; Thence N89o22'49.W,
along the North Line of said Lot 1, the Westerly Projection thereof, and the
Northerly Line of Lot 1, Kennedy's Waterfront Addition, Part Two, in accor-
dance with the Plat thereof Recorded in Plat Book 29, at Page 37, of the
Records, of the Johnson County Recorder's Office, 996.00 feet, to the
Northwest Corner of Said Lot 1, of Kennedy's Waterfront Addition, Part Two,
and the Point of Beginning; Thence S00o27'35"W, along the West Line of Lots
1, 2, 3, and ~, of said Kennedy's Waterfront Addition, Part Two, 380.00 feet,
to the Southwest Corner of said Lot 4; Thence S89o22'49"E, along the South
Line of said Lot 4, 211.98 feet, to the Southeast Corner of Said Lot 4, and a
Point on the Westerly Right-of-Way Line of South Gilbert Street; Thence
Southeasterly, 370.83 feet, along a 5146.16 foot Radius Curve, concave
Northeasterly, whose 370.75 foot chord bears S03°10'27"E; Thence
N89°32'25"W, 535.48 feet, to a Point on the East Line of a 7.33 Acre Tract,
in accordance with the Warranty Deed, Recorded in Deed Book 389, at Page
447, of the Records of the Johnson County Recorder's Office; Thence
NO0°27'35"E, along said East Line, 200.O0 feet, Thence N89o32'25"W,
50.00 feet; Thence SOO °27'35"W, 94.83 feet; Thence S53 o 50'00"W, 102.03
feet; Thence N87 o 50'O0"W, 440.00 feet, Thence N 10 o 16'47 "W, 17.75 feet;
Thence NO1O24'29"E, 363.14 feet; Thence N13o13'00"E, 187.17 feet;
Thence N20o24'28"E, 251.69 feet; Thence N19o39'15"E, 152.26 feet;
Thence N24o57'O9"E, 281.99 feet; Thence N17o46'41"E, 341.20 feet;
Thence N08o26'22"E, 351.68 feet; Thence NO0O48'24"W, 232.54 feet, to
a Point on the Southerly Right-of-Way Line of Highway No. 5~ Thence
S71o02'40"E, along said Right-of-Way Line, 120.00 feet; Thence
S36°38'09"E, along said Right-of-Way Line, 88.48 feet; Thence S70o59'59"E,
along said Right-of-Way Line, 250.04 feet; Thence S85o04'50"E, 99.68 feet;
Thence S02o22'15"E, 419.55 feet; Thence N87°43'30"E, 68.07 feet, to the
Northwest Corner of Lot 12, of Sand Lake Addition, in accordance with the Plat
thereof Recorded in Plat Book 10, at page 23, of the Records of the Johnson
County Recorder's Office; Thence S05 o 13'30"E, along the West Line of Said
Lot 12, of Sand Lake Addition, 121.27 feet; Thence S34o27'1 'I"W, along the
West Line of Said Lot 1 2, of Sand Lake Addition, 127.85 feet, to the Northeast
Corner of Lot 9 of said Sand Lake Addition; Thence S52o27'1 I"W, along the
West Line of Said Lot 9, 60.00 feet; Thence S82o27'11"W, along said West
Line, 85.00 feet; Thence S24o27'11 "W, along said West Line, 65.00 feet, to
the Northwest Corner of Said Lot 9, and the Northeast Corner of Lot 8 of said
Resolution No.
Page 2
Sand Lake Addition; Thence S44°27'11 "W, along the Westerly Line of Said Lot
8, 170.O0 feet, to the Northwest Corner of said Lot 8, and the Northeast
Corner of Lot 7 of said Sand Lake Addition; Thence S70Ol 1'24"W, 133.41
feet; Thence S24°01 '45"W, 113.86 feet; Thence Sl 1 °25'53"W, 83.96 feet;
Thence S37°53'34"E, 131,85 feet, to a point on the West Line of Lot 6 of said
Sand Lake Addition; Thence S00°37'11 "W, along said West Line, 7.36 feet to
the Southwest Corner of Said Lot 6; Thence S89°22'49"E, along the South
Line of Said Lot 6, 277.53 feet, to the Point of Beginning. Said Tract of Land
contains 31.23 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 91at and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The 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 shall also 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
day of , 1995.
ATTEST:
CITY CLERK
MAYOR
~J "V 9- zl-?.C-
STAFF REPORT
To: Planning and Zoning Commission
Item: 'SUB95-0026. Kennedy's Waterfront
Addition - Part Three
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning;
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
60-day limitation period:
Prepared by: Scott Kugler
Date: September 7, 1995
Southgate Development, Inc.
Suite 400, Commerce Center
Iowa City, Iowa 52240
Phone: 337-4195
MMS Consultants
1917 South Gilbert
Iowa City, Iowa 52240
Phone: 351-8282
Final plat approval.
To create a 12-lot subdivision.
South of Highway 6 between Gilbert
Street and the Iowa River.
31.23 acres.
Vacant, C1-1.
North: Commercial, C1-1;
East: Commercial, C1-1;
South: Vacant, C1-1;
West: Iowa River.
Intensive commercial.
Chapter 14-7, Land Subdivisions.
July 27, 1995
September 11, 1995
September 25, 1995
2
SPECIAL INFORMATION:
Public utilities:
City water is available to this site.
Sanitary sewer service will be available
upon the construction of the South
River Corridor Interceptor sanitary sew-
er, which is likely to be constructed in
1998. If any of these lots are to be
developed prior to that time, a private
lift station will be required at the ex-
pense of the applicant.
Public services:
Police and fire protection will be provid-
ed by the City. Trash removal must be
provided through a private service.
Transportation:
Both Stevens Drive and Southgate
Drive will have access to Gilbert Street,
an arterial street. Transit service is
provided to this area by the Lakeside
route, with a stop at the corner of
Waterfront Drive and Gilbert Street.
BACKGROUND INFORMATION:
The applicant, Southgate Development, Inc., is requesting final plat approval of Kennedy's
Waterfront Addition, Part Three, a 31.23 acre, 12-1ot commercial subdivision. This site is
located south of Highway 6 between Gilbert Street and the Iowa River. The preliminary plat
for this area was approved in June of 1994, subject to the legal papers for the final plat
addressing the need to provide sanitary sewer service and to extend Southgate Avenue.
ANALYSIS:
This request will be evaluated in terms of the plat's compliance with the City's subdivision
regulations and design standards, and its conformance with the approved preliminary plat for
this property.
Compliance with Subdivision Regulations: The proposed final plat has been reviewed with
respect to the City's subdivision regulations and design standards and appears to be in
compliance, although Public Works has identified a few minor technical deficiencies on the
most recent plat. It is anticipated that the plat will be corrected and approved by Public
Works before the September 7 meeting. Legal papers and construction drawings will have
to be approved prior to Council consideration of the plat. The legal papers should address the
conditions placed on the approval of the preliminary plat, dealing with providing sanitary
sewer to the site and the dedication of the right-of-way for the future extension of Southgate
Avenue (located off-site). The legal papers currently do not address these items. The
Commission's action regarding this plat should be subject to these items being satisfactorily
addressed in the legal papers prior to City Council consideration.
3
Lots 6 and 7 are the only lots within this subdivision that have frontage on Gilbert Street. The
plat contains a note prohibiting direct drive access to these lots from Gilbert Street in order
to minimize the number of curb cuts onto an arterial street.
Conformance with Approved Prellmlna~y Plat: The street and lot configurations shown on the
final plat appear 'to be in general conformance with the preliminary plat. The trail easement
shown on the preliminary plat is also included on the final plat. The dedication of the right-of-
way for the future extension of Southgate Avenue is shown on the plat, but will have to be
addressed on a separate plat as that property is outside of the subdivision boundaries. Public
Works is currently working with the applicant regarding this and other off-site issues. The
only issues left outstanding from the preliminary plat are those associated with the legal
papers as mentioned above.
STAFF RECOMMENDATION:
Staff recommends that SUa95-0026 be approved, subject to the following occurring prior to
Council consideration of the final plat: 1) the approval of construction drawings by Public
Works; 2) the approval of legal papers by the City Attorney's Office which address the
conditions placed on the approval of the preliminary plat; and 3) final approval of the plat by
Public Works.
ATTACHMENTS:
1. Location Map.
2. Final Plat.
Approved by: .
DelSartment of Planning and
Community Development
LOCATION MAP
SUEt95-0026
KENNEDY'S WATERFRONT ADD., PT ,5
AIRPORT
PAR J(
~FOLLOWlNG I$ ~ ~
BEST DOCUMENT AVAILABLE
OLoO.
/.4//'
FINAL PLAT
KENNEDY'S WATERFRONT
ADDITON PART THREE
IOWA CITY, IOWA
LEGEND AND NOTES
...... ~-~u~~t LOT LINE CURVE TABLE
RESOLUTION NO. 95-308
RESOLUTION APPROVING FINAL PLAT OF EAST HILL SUBDIVISION, IOWA
CITY, IOWA.
WHEREAS, the owner, East Hill Subdivision, Inc., filed with the City Clerk the final plat of East
Hill Subdivision, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
A portion of the NWA, Section 13, T79N, R6W, of the 5th P.M., Iowa City,
Iowa, being the same realty described in Book 1838, Page 28, Book 1762,
Page 187, Book 628, Page 67, Book 1431, Page 1, excepting therefrom the
realty described in Book 791, Page 54, and excepting Dover St. R.O.W. in Book
477, Page 224, Johnson County Recorder's Office described as follows:
Beginning at a point lying N89°58'18"E, 1105.28 feet and N00°52'48"E,
969.25 feet from the SW corner of said NW%, Section 13; thence
N89°50'32"E, 67.30 feet to the NW corner of said realty in Book 1762, Page
187; thence S00°52'47"W, 604.08 feet along the west line of said realty to
the SWcorner thereof; thence N89°58'18"E, 134.11 feet along the south line
of said realty to the SE corner thereof which point is also on the west line of
said realty in Book 1838, Page 28; thence S00°33'56"W, 43.83 feet along
said west line to the SW corner of said realty in Book 1838, Page 28; thence
S85°59'07" E, 496.41 feet along the south line of said realty to the SE corner
of said realty in Book 628, Page 67, which point is also on the west line of
Oakes Meadow Addition as shown in Plat Book 21, Page 68; thence
NO0°O7'17"E, 706.91 feet along the east line of said realty in Book 628, Page
67, and Book 1838, Page 28 and said west line of said Oakes Meadow
Addition to the NE corner of said realty in Book 1838, Page 28, which point is
also the SE corner of said realty in Book 1431, Page 1, and Plat Book 6, Page
38: thence NO1°06'08"E, 142.26 feet along the west R.O.W. line of Perry
Court to the SE corner of said realty in Book 791, Page 54; thence
S84°38'25"W, 151.19 feet along the south line of said realty to the SWcorner
thereof; thence N00°14'46"E, 132.74 feet along the west line of said realty
to a point on the south line of Revised Court Hill Addition, Part Two as shown
in Plat Book 2, Page 169 and Plat Book 6, Page 38; thence S65°31'00"W,
140.36 feet along said south line which is also the north line of said realty in
Book 1431, Page 1, to the common south corner of Lots 145 and 146 in said
Revised Court Hill Addition, Part Two; thence N83°O3'OO"W, 412.20 feet
along said north line of said realty in Book 1431, Page 1, to the NW corner
thereof; thence S00°52'48"W, 277.16 feet along the west line of said realties
in Book 1431, Page 1, and Book 1838, Page 28, to the Point of Beginning.
Said East Hill Subdivision contains 13.036 acres.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
Resolution No. 95-308
Page 2
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The 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 end
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 ?/.rh day of October , 1995.
It was moved by _ ~'igntr and seconded by Novtck
adopted, and upo~ roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
x
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Scott Kugler
Item: SUB95-0027. East Hill Subdivision
Date: September 7, 1995
GENERAL INFORMATION:
Applicant:
East Hill Subdivision, Inc.
C/O Gene Kroeger
500 South Dubuque Street
Iowa City, Iowa 52240
Phone: 351-8811
Contact person:
Ralph Stoffer
Landmark Surveying & Engineering
535 Southgate Avenue
Iowa City, Iowa 52240
Phone: 354-1984
Requested action:
Final plat approval.
Purpose:
To create a 36-1ot residential subdivi-
sion.
Location:
West of Oakes Meadow Addition (this
property was formerly referred to as
655 Meadow Street).
Size:
13.04 acres.
Existing land use and zoning:
Vacant, RS-8.
Surrounding land use and zoning:
North:
East:
South;
West:
Residential, RS-5;
Residential, RS-12;
Commercial, C0-1;
Cemetery, RM-20.
Comprehensive Plan:
North portion of the site: residential, 2-
8 dwelling units per acre; south portion
of the site: residential, 8 to 16 dwell-
ing units per acre.
Applicable Code requirements:
Chapter 14-7, Land Subdivisions.
File date:
August 17, 1995
45-day limitation period:
October 2, 1995
60-day limitation period:
October 16, 1995
2
BACKGROUND INFORMATION:
The applicant, East Hill Subdivision, Inc. is requesting final plat approval of East Hill
Subdivision, a 13.04 acre, 36-1ot residential subdivision located west of Dover Street and
Perry Court, North of Muscatine Avenue (formerly referred to as 655 Meadow Street). This
site was recently conditionally rezoned from RM-12, Low Density Multi-Family Residential, and
RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family
Residential, and has received preliminary plat approval.
ANALYSIS:
Compliance with Subdivision Regulations: The proposed final plat appears to be in general
conformance with the City's subdivision regulations. However, the latest revisions have vet
to be approved by Public Works. It is anticipated that the current plat will be approved by
Public Works or corrections will be satisfactorily completed prior tothe September 7 meeting.
Legal papers and construction drawings must be approved prior to Council consideration of
the final plat. Construction drawings have been submitted and are being reviewed by Public
Works at this time. Legal papers had not been submitted at the time this staff report was
prepared and the packet mailed, but must be approved before the City Council takes any
action on the plat.
Conformance with Preliminary Plat: The proposed final plat appears to be in general
conformance with the preliminary plat in terms of street and lot configuration, although there
have been some changes to the storm and sanitary sewer easements. The configuration of
the easements will be finalized when construction drawings are approved.
Compliance with Conditional Zoning Agreement: This property was the subject of a rezoning
from RM-12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family
Residential, to RS-8, Medium Density Single-Family Residential, earlier this year. The rezoning
was approved subject to three conditions as follows:
1 ) Development of the property shall include dedication of the Ralston Creek flood plain within
the parcel to the City, including a public access easement from an interior roadway within the
subdivision to provide public access to the dedicated flood plain area.
The Ralston Creek flood plain on this site is located wholly within Outlot A. A note on
the final plat indicates that Outlot A will be dedicated to the City, and will include a 15
foot wide strip of land between Lots 6 and 7 leading to Catskill Court. The construction
of an 8 foot wide sidewalk from Catskill Court to the north for the full length of the 15
foot wide strip will also be required, as discussed during the preliminary platting
process. The legal papers should address this issue.
2) The density of development of the subject property shall be limited to a total of 72 dwelling
units, unless secondary access via a dedicated public street is provided.
No second means of vehicular access is being proposed, so the 72 dwelling unit limit
applies. The final plat contains 36 building lots. In the RS-8 zone, duplexes may be
constructed on any lot that contains 8,700 or more square feet. The final plat indicates
that all of the proposed lots exceed this threshold. If duplexes are constructed on every
3
lot, the maximum number of dwelling units will be 72, which is in conformance with the
conditional zoning agreement.
3) If the City chooses to develop a trail, development of the property shall be subject to the
owner at the time of development participating with the City in the development of a trail
within the dedicated flood plain of Ralston Creek to the City's satisfaction. The owner's
obligation shall be limited to grading and construction of a trail on the subject property, and
shall not exceed an expense of ~5,000.
The applicant has agreed to pay $5,000 toward the construction o7 a trail along Ralston
Creek on this property. No preferred alignment of the trail has been identified at this
time, so construction of the trail will not occur until some point in the future. However,
the ~5,O00 obligation still applies, and will be held for use toward funding the trail
construction until necessary. This issue should be addressed in the legal papers.
In addition to these conditions, the developer agreed during the preliminary platting process
to dedicate what was then referred to as Outlot A to the City as well. That property
consisted of the parcel located on the north side of former Outlot B, which included the
Ralston Creek flood plain. "Outlot A" on the final plat incorporates both former "Outlot A"
and former "Outlot B," and will be dedicated to the City as mentioned above.
STAFF RECOMMENDATION:
Staff recommends that SUB95-0027 be approved subject to the approval of legal papers by
the City Attorney's Office and construction drawings by Public Works prior to Council
consideration of the plat.
DEFICIENCIES AND DISCREPANCIES:
1. No legal papers were submitted.
Minor technical deficiencies have been identified by Public Works. A revised plat has
been submitted and is under review at this time.
ATTACHMENTS:
1. Location Map.
2. Final Plat.
Approved by: Kar~, Director
Department of Planning and
Community Development
b--.,-J ~ $UB95-OOZ7 Fr-1I--._.., IIII Ill i I
~-. I ~' ,71 ,=AST HILL SLRBDIVISION ~ .~ ......... '"~: ~ I,. --
IIII ] 1,,;- .....
N0'52'48'
969.25' --
SW COR. NW
SEC. 13-79-6
~- NSg'58'l 8" E
~, 1105.28'
Rtvi%LD COLI~I ltJit A!')D:110N, P~,P-1 IViO ~ ~ x. ~, ~
149 14~ , , ~ ~ ~ ./ ~ ~ . East Hill Subdivision
: ,o ; 141 ~l 146 ~ ~45 ~., 3/' k d3~X Iowa City o~,a
. i . j ~ ,.o~,~ ~ .......~ ~ ~
"~-2¢ '. ~ ~-~ ~. ~ - -
~ ~ BOOK 791 I "
,~, ....~x'~ '- ~.-k~5~Co~"'2:':'- ..... ~--' ,,~- ~z ,
' ~9 36 '~ ~'~ ~%. ~ ~ ·
~ ' m 30 35 ~u~ ....
12, II .... I~' '"~ I ~i -.~i~ '~'
-' Y q
~'~
20
RESOLUTION NO.
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF WINDSOR
RIDGE-PART SIX, A RESUBDIVISION OF TRACT "A," WINDSOR RIDGE-
PART ONE AND OUTLOT "A," WINDSOR RIDGE-PART THREE, IOWA CITY,
IOWA
WHEREAS, the owner, Arlington L.C., filed with the City Clerk of Iowa City, Iowa an application
for the approval of the preliminary and final plat of Windsor Ridge-Part Six, a resubdivision of
Tract "A," Windsor Ridge-Part One, and Windsor Ridge-Part Three, Iowa City, Johnson County,
Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Tract "A," Windsor Ridge-Part One, Iowa City, Iowa, according to the Plat thereof,
recorded in Plat Book 34, Page 87, Plat Records of the Johnson County Recorder's
Office, and Outlot "A," Windsor Ridge-Part Three, Iowa City, Iowa, according to the Plat
thereof recorded in Plat Book 34, Page 88, Plat Records of the Johnson County
Recorder's Office.
And also:
The Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to Said
Tract "A," more particularly described as follows:
Beginning at the Southwest Comer of Tract "A," of Windsor Ridge-Part One, in
accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records
of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly
Line of said Tract "A," 106.08 feet; Thence Northeasterly, 33.67 feet, along said
Southerly Line, on a 20.00 foot radius curve concave Northwesterly, whose 29.83 foot
chord bears N64°06'05"E; Thence Southwesterly, 19.65 feet, along the Southerly
Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius
curve, concave Northwesterly, whose 19.64 chord bears S19°06'05'~N; Thence
S22o19'27'~N, along said Southerly Projection, 72.64 feet, to its intersection with the
Centerline of American Legion Road; Thence N67°40'33'~N, along said Centerline,
98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said
Tract "A"; Thence N00°12'02'~N, along said Southerly Projection, 75.78 feet, to the Point
of Beginning. Said Tract of Land contains 0.18 Acres, more or less.
Said Resultant Total Tract contains 7.80 Acres, more or less, and is subject to
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said final plat and subdivision be accepted and approved;
and
2
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:
The preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved.
The City accepts the dedication of the 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
day of ,1995.
A'FI'EST:
CITY CLERK
It was moved by
be adopted, and upon roll call there were:
AYES: NAYS:
MAYOR
and seconded by
the Resolution
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB95-0025 Windsor Ridge - Part Six;
A resubdivision of Tract "A," Windsor
Ridge - Part One & Outlot "A," Windsor
Ridge - Part Three, Iowa City
GENERAL INFORMATION:
Applicant:
Contact persons:
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 7, 1995
Arlington, L.C.
1700 First Avenue
Iowa City, IA 52240
Phone: 354-6760
Gary Watts/John Moreland, Jr.
Phone: 354-6760
Preliminary and final plat approval
To permit a seven lot single-family resi-
dential subdivision with two outlots
North of American Legion Road and west
of Arlington Drive
Approximately 7.80 acres
Vacant; RS-5, County RS
North - Residential; RS-5, County RS
East - Residential, Open Space; RS-5,
County RS
South - Residential, Agricultural; County
RS
West - Residential; County RS
Low Density Residential
Subdivision Regulations; Zoning Chapter
Requirements
July 27, 1995
September 11, 1995
September 25, 1995
2
SPECIAL INFORMATION:
Public utilities:
City sewer and water service are avail-
able to the site.
Public services:
Police and fire protection and sanitation
service will be provided by the City.
Transportation:
The site has access from Arlington Drive.
Transit service is not currently available
to this area.
Physical characteristics:
Gentle rolling terrain sloping downward to
the south and west
BACKGROUND INFORMATION:
The applicant, Arlington, L.C., requests preliminary and final plat approval of Windsor Ridge -Part
Six, a proposed resubdivision of Tract "A," of Windsor Ridge - Part One, and of Outlot "A,"
Windsor Ridge - Part Three. The Planning and Zoning Commission recently reviewed and
recommended approval of an annexation and rezoning request for the 3.05 acre east portion of
Windsor Ridge - Part Six, known as Tract "A." On August 29 Council approved the annexation
and the first reading of the rezoning ordinance. If Council agrees to expedited consideration, as
requested by the applicant, it is anticipated the rezoning will be approved at the September 12
Council meeting.
The remainder of the site involves Outlot "A," which was designated as a private open space
containing stormwater management facilities and sanitary sewer easements with the final plat of
Windsor Ridge - Part Three. The preliminary and final plats propose to combine Tract "A," a
contiguous portion of American Legion Road right-of-way immediately south of Tract "A" and
Outlot "A" to create a 7.80 acre residential subdivision containing seven residential lots (Lots 95
through 101) and two outlots, Outlot "A" and Outlot "AA."
ANALYSIS:
Zoninq Chapter The preliminary and final plats for Windsor Ridge - Part Six, have been reviewed
by staff and appear to conform with the general requirements of the RS-5, Low Density Single-
Family Residential zone. The plats cannot be forwarded for Council consideration until the
annexation and rezoning of Tract "A" ,~¢ completed.
Subdivision Regulations The preliminary and final plats of Windsor Ridge - Part Six, appear to
be in general compliance with the City's subdivision regulations. Construction plans have been
submitted for review and approved by the Public Works Department. Legal papers have been
submitted and are being reviewed by the City Attorney's Office. The legal papers must be
approved prior to City Council consideration of the plats. Other than approval of the legal papers,
there are no outstanding discrepancies and deficiencies associated with either the preliminary or
final plats for Windsor Ridge - Part Six.
As noted on the plats, Outlot "A" is intended to be sold to the owner of Lot 36. Because of
concerns staff had about problems that might arise if someone in the future attempted to develop
Outlot "A," which only has access via a County road, a note has been added to beth plats stating
that "no building permits shall be issued for a principal building on Outlot 'A.'"
Concerning Outlot °AA," a note on each plat indicates that "Outlot 'AA' is intended to be used as
common open space maintained by a homeowners association." The neighborhood open space
requirement has been met through previous designations of outlots within the Windsor Ridge
development for public open space. The initial preliminary plat for Windsor Ridge shows a 4.74
acre neighborhood park (Outlot "K") with a connecting 5.10 acre greenway (Outlot "J") to Scott
Park as public open space. This more than meets the conditional zoning agreement provision
that "the open space will consist of a centrally-located four acre neighborhood park with the
remaining 2.9 acres developed as greenway trails linking the above-described tract of land to
Scott Park." Additionally, the preliminary plat shows 22.25 acres of public open space (Outlot "B")
containing a large stormwater basin and eight-foot wide recreational paths. The major portion of
Outlot "B" is located across Arlington Drive, east of Outlot "AA."
Access notes on the plats include limiting access for Lot 101 to Coventry Court, prohibiting
access from Outlot "AA" to American Legion Road, and aligning the driveway locations for Lots
95 and 96 across from a break in the median on Arlington Drive.
STAFF RECOMMENDATION:
Staff recommends that the preliminary and final plats for Windsor Ridge - Part Six, a 7.62 acre,
7-lot residential subdivision with two outlots located north of American Legion Road be approved,
subject to approval of the legal papere by the City Attorney's Office prior to Council consideration
of the final plat.
ATTACHMENTS:
1. Location Map
2. Preliminary and Final Plats
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
LOCATi ON HAP
$[JB95=0025
W~NDSOR RIDGE PART
S~X
/
FOLLOWING 18 -4~ .'~
BEST DOCUMENT AVNLAP..LE
· I~OCATION ;lAP NOT TO M( AI,I; ~
LE (:,E r ...... I~[ , :._'
..... :;, ';, . . .
FOLLOWINO 18 ~ '~ '~
'BEST DOCUMENT AVAILABLE
: ' ~ d ,'1 ='SF,--'- ' Final Plat
) ~ * ! ~ND$OR RIDCE'- PART SIX.
RESOLUTION NO. 95-309
RESOLUTION AUTHORIZING CONVEYANCE OF SINGLE FAMILY DWELLINGS,
STREET ADDRESS OF 3331 DUBUQUE STREET AND/OR 3337 DUBUQUE
STREET, IOWA CITY, IOWA TO SUCCESSFUL BIDDERS AS DETERMINED AT
THE BID OPENING OCTOBER 24, 1995.
WHEREAS, the City condemned approximately 229 acres for the new Iowa City water supply
and treatment facility, located north of Interstate 80 and west of North Dubuque Street,
which site contains two single family dwellings approximately 32 years of age and in average
condition; and
WHEREAS, the tenants of the houses have found other housing, and both houses are now
vacant; and
WHEREAS, the City's Community Development Division has inspected the two houses, and
does not wish to use them in any "affordable housing" project because not cost-effective; and
WHEREAS, the City Council has determined, by way of Resolution No. 95-299, dated October
10, 1995, that it is in the public interest to dispose of the two single family dwellings as not
needed for City purposes and for security reasons; and
WHEREAS, following public hearing on the proposed conveyance(s), the City Council finds
that the conveyance(s) are in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The City Council hereby finds that it is in the public interest to convey the City's
property interests in the two houses, including removal of the houses, with street
addresses of 3331 Dubuque Street and 3337 Dubuque Street, Iowa City, Iowa, by
way of sealed bidding opening at 9:00 A.M. on Tuesday, October 24, 1995, and does
hereby accept the following bids:
Street Address
Successful bidder
Total Offer
3331 Dubuque St.
3337 Dubuque St.
Eugene Kehoe, Iowa City
Eugene Kehoe, Iowa City
$1500
$2000
The Mayor and the City Clerk are hereby authorized to execute an agreement detailing
the terms of the purchase including method of removal, as contained in the Bidding
Procedures, to be also executed by the successful Bidder(s), and also are hereby
authorized to execute the attached quit claim deeds conveying the City's interest in
the above-described single family dwellings.
The City Attorney is hereby authorized to deliver said quit claim deeds and to carry out
any other actions necessary to consummate the conveyances required by law.
Passed and approved this 2Z, th day of n,r~[,er , 1995.
Resolution No. 95-309
Page 2
ATTEST: '~~
CITY'CLERK
IV~A~-O-R Approved b'
City Attorney s Office
It was moved by Nov-lck and seconded by
adopted, and upon roll call there were:
Pigott
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
QUITCLAIM DEED
The CITY OF IOWA CITY· IOWA, a municipal corporation ("City"), for One Dollar and other
valuable consideration, does hereby quitclaim to ~.gen~ ~hnp
· all its right, title and interest in the following property
located in Johnson County and the State of Iowa:
The house, contents (if any), and out buildings (if any) located at 3331 Dubuque
Street, Iowa City, Iowa.
This conveyance is subject to all restrictions and additional easements of record, and is
exempt from transfer tax pursuant to Section 428A.2(6), Iowa Code (1995).
This quitclaim deed is executed and delivered by the authority vested in the Mayor and City
Clerk of the City of Iowa City, Iowa, in Resolution No. 95-309 , passed and approved
October 24 , 1995.
Dated this 24th day of October ,1995.
CITY OF IOWA CITY, IOWA
By: usan~witz, Mayo~
Marian K. Karr, City Clerk
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this
,1995, before me, the undersigned, a Notary Public
~n and for the State of Iowa, personally appeared Susan IVl. Horowitz and N]arian I(. Karr, to
me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the foregoing instrument; that the
seal affixed thereto is the seal of said municipal corporation; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of City Council as auth.~ized
in Resolution No. c/5~ $<~' , passed and approved by the City Council on the Z~ '"-day
of O~_~-~ ~ , 1995; and that Susan IV]. Horowitz and Marian I(. Karr acknowledged that
execution of said instrument to be the voluntary act and deed of said municipal corporation
and by them voluntarily executed.
City Attorney's Office
Notary Public in and for the State of Iowa
QUITCLAIM DEED
The CITY OF IOWA CITY, IOWA, a municipal corporation ("City"), for One Dollar and other
valuable consideration, does hereby quitclaim to
, all its right, title and interest in the following property
located in Johnson County and the State of Iowa:
The house, contents {if any), and out buildings (if any) located at 3337 Dubuque
Street, Iowa City, Iowa.
This conveyance is subject to all restrictions and additional easements of record· and is
exempt from transfer tax pursuant to Section 428A.2(6), Iowa Code {1995).
This quitclaim deed is executed and delivered by the authority vested in the Mayor and City
Clerk of the City of Iowa City, Iowa, in Resolution No.
O~rnhar 24 , 1995.
Dated this 24th day of October
95-309 , passed and approved
· 1995.
CITY OF IOWA CITY, IOWA
Susan M. Horowitz, Mayor
Attest: /~'"~_~ :~ ~
Marian K. Karr, City Clerk
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this 2?Z-dayof
, 1995, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to
me personally known, who being be me duly sworn, did say that they are the Mayer and City
Clerk, respectively of said municipal corporation executing the foregoing instrument; that the
seal affixed thereto is the seal of said municipal corporation; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of City Council as authorized
in Resolution No. 75-$o? , passed and approved by the City Council on the zy '~ day
of Dc_~,~.,. , 1 995; and that Susan M. Horowitz and Marian K. Karr acknowledged that
execution of said instrument to be the voluntary act and deed of said municipal corporation
and by them voluntarily executed.
~-~
City Attorney's Office
Notary Public in and for the State of Iowa
City of iowa City
MEMORANDUM
Date: October 24, 1995
To: Honorable Mayor and City Council
From: Charles Schmadeke
Director of Public Works
Re: Single-Family Dwellings at 3331 and 3337 Dubuque Street
The following bids were received on October 24, 1995 at 9:00 a.m. for the above
referenced dwellings:
3331 Dubuque Street
Eugene Kehoe, Iowa City
Bid includes metal pole building
$1,500.00
3337 Dubuque Street
Eugene Kehoe, Iowa City
Bid includes unattached garage
Donna Chandler & Jonathon Bussell, Coralville
$2,000.00
$250.00
Public Works recommends accepting the bid of $1,500 from Eugene Kehoe for
the dwelling located at 3331 Dubuque Street and the bid for $2,000 from Eugene
Kehoe for the dwelling located at 3337 Dubuque Street.
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF SINGLE FAMILY DWELLINGS,
STREET ADDRESS OF 3331 DUBUQUE STREET AND/OR 3337 DUBUQUE
STREET, IOWA CITY, IOWA, TO SUCCESSFUL BIDDERS AS DETERMINED AT
THE BID OPENING OCTOBER 24, 1995.
WHEREAS, the City co~
and treatment facilit'
which site contains two
condition; and
approximately 229 acres for the new Iowa City water supply
north of Interstate 80 and west of North Dubuque Street,
ngle family dwellings approximately 32 years of age and in average
WHEREAS, the tenants of
vacant; and
houses have found other housing, ar
houses are now
WHEREAS, the City's Commun Development Division has
does not wish to use them in any 'fordable housing" project
the two houses, and
~use not cost-effective; and
WHEREAS, the City Council has det
10, 1995, that it is in the pub
needed for City purposes and for
WHEREAS, following public hearing on
that the conveyance(s) are in the public
NOW, THEREFORE, BE IT RESOLVED BY TF
IOWA, that:
to dispose of
ty reasons;
ion No. 95-299, dated October
single family dwellings as not
d conveyance(s), the City Council finds
CITY COUNCIL OF THE CITY OF IOWA CITY,
The City Council hereby finds ~t is'~n the public interest to convey the City's
property interests in the two/ s, inc~ding removal of the houses, with street
addresses of 3331 Dubuque/'~c and 33~7 Dubuque Street, Iowa City, Iowa, by
way of sealed bidding oper~g at 9:00 A.M. o'~,Tuesday, October 24, 1995, and does
hereby accept tie follo~g bids: ~
Street Address / Successful bidder ~ Total Offer
3331 Dubuque _St2/ ~
3337 Dubuque ~. . . .. ~
The Mayor a.n/~..he City Clerk are hereby ,ut~or, ized to e.xc~ute an agreement detailing
the terms ¢ tf ~ purchase including method fro emoval, a~,conteined in the Bidding
to be also executed by th suce cessful BidderN), and also are hereby
authori; to execute the attached quit claim deeds conveying the City's interest in
the ~ lescribed single family dwellings.
The City Attorney is hereby authorized to deliver said quit claim deeds and to carry out
any other actions necessary to consummate the conveyances required by law.
Passed and approved this
day of ,1995.
Resolution No,
Page 2
MAYOR
Approved by
CITY CLERK Office
It was moved by and
adopted, and upon roll call there were:
:onded by
AYES: NAYS: ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO. 95-310
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORiVl OF CONTRACT,
AND ESTIMATE OF COST FOR CONTRACT I OF THE WASTEWATER
TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER
CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing
thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The plans, specifications, form of contract, and estimate of cost for the above-named
project are hereby approved.
The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa
City, Iowa.
The City Clerk is hereby authorized and directed to publish notice for the receipt of
bids for the construction of the above-named project in a newspaper published at least
once weekly and having a general circulation in the city.
Bids for the above-named project are to be received by the City of Iowa City, Iowa, at
the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21st day of
November, 1995. Thereafter the bids will be opened by the City Engineer or designee,
and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon
said bids at its next meetir~g to be held at the Council Chambers, Civic Center, Iowa
City, Iowa, at 7:30 p.m. on the 5th day of December, 1995, or at such later time and
place as may then be fixed.
Passed and approved this 24th day of mctobar
,1995.
ATTEST:
~~ITY CLERK
Approved by
q;ity Attorney/~sJ;~c;~
Resolution No. 95-310
Page 2
It was moved by Throm~mrton and seconded by.
adopted, and upon roll call there were:
Baker
the Resolution be
· AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO. (,/~~
RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY AND MARK GINSBERG, D/B/A M.C. GINSBERG JEWELERS, INC.,
IOWA CITY, IOWA.
WHEREAS, Owner is the fee owner of certain real estate located at 1 10 E. Washington Street,
Iowa City, Iowa, and legally described as follows:
West 19 feet of East 73 feet of South 60 feet of Lot 6 Block 80, Original
Town, Iowa City, Iowa.
WHEREAS, Owner seeks City approval to run an underground conduit from the basement at
1 10 E. Washington Street through the sidewalk vault to a planter approximately six feet south
of the entrance to the business for the placement of ambient lighting on the East Washington
Street right-of-way; and
WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control
of public right-of-way; and
WHEREAS, the Department of Public Works finds the use of a portion of the East Washington
Street right-of-way for the placement of the conduit and ambient lighting to be a minimal
intrusion in the public right-of-way, and also finds that pedestrian and vehicular traffic will not
be materially impeded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
It is in the public interest to facilitate the placement of the conduit and ambient
lighting; and
The City of Iowa City, Iowa, is responsible for the care, supervision, and control of
public right-of-way; and
Upon review and recommendation from the Engineering Division, the City Council finds
the use of a portion of the East Washington Street right-of-way for the placement of
the conduit and ambient lighting to be a minimal intrusion in the public right-of-way,
and also finds that pedestrian and vehicular traffic will not be materially impeded; and
The easement agreement for temporary use of public right-of-way attached hereto is
approved as to form and content, and the Mayor is hereby authorized to execute and
the City Clerk to attest the easement agreement on behalf of the City of Iowa City, for
recordation in the Johnson County Recorder's Office, at owner's expense.
Resolution No.
Page 2
Passed and approved this
day of . 1995.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
MAYOR
Approved by_.~
·
/d-
and seconded by
AYES: NAYS: ABSENT:
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
EASEMENT AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY
AND MARK GINSBERG, D/B/A
M.C. GINSBERG JEWELERS, INC.
IOWA CITY, IOWA
This Easement Agreement for temporary use of public right-of-way is made between Mark
Ginsberg, d/b/a M.C. Ginsberg Jewelers, Inc. ("Owner") and the City of Iowa City, Iowa, a
municipal corporation ("City").
WHEREAS, Owner is the fee owner of certain real estate located at 110 E. Washington Street,
Iowa City, Iowa, and legally described as follows:
West 19 feet of East 73 feet of South 60 feet of Lot 6 Block 80, Original
Town, Iowa City, Iowa.
WHEREAS, Owner seeks City approval to run an underground conduit from the basement at
110 E. Washington Street through the sidewalk vault to a planter approximately six feet south
of the entrance to the business for the placement of ambient lighting which will focus upward
through the trees in the East Washington Street right-of-way; and
WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control
of public right-of-way; and
WHEREAS, the Department of Public Works finds the use of a portion of the East Washington
Street right-of-way for the placement of the conduit and ambient lighting to be a minimal
intrusion in the public right-of-way, and also finds that pedestrian and vehicular traffic will not
be materially impeded.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT
IS AGREED AS FOLLOWS:
Owner shall be allowed to install, operate, and maintain a conduit from the basement
at 110 East Washington Street through the sidewalk vault to a planter approximately
six (6) feet south of the entrance to the Owner's business for the placement of
ambient lighting which will focus upward through the trees on City property abutting
110 East Washington Street, as shown on the attached sketch marked Attachment A
and approved by the City Engineering division (hereafter referred to as "conduit and
ambient lighting").
Owner agrees to remove the conduit and ambient lighting from the East Washington
Street right-of-way when any one of the following events occurs:
a. Within 30 days after being ordered to do so by the City.
2
The use of the property changes and the conduit and ambient lighting is no
longer needed.
If the Owner fails to remove the conduit and ambient lighting as required above, the
City may remove them and the cost thereof shall be assessed against the property in
the manner provided in Section 364.12(2)(e), Iowa Code (1995).
Owner agrees to maintain the conduit and ambient lighting in good and reasonable
repair so as to minimize danger.
In the event said conduit and ambient lighting is ever replaced for any reason, Owner
agrees to replace it, subject to the approval of the Public Works Department.
Owner agrees to indemnify, defend and hold the City harmless in connection with any
liability whatsoever arising in regard to the installation, maintenance, use, location or
repair of said conduit and ambient lighting, including any liability which the City may
incur as a result of its decision to allow placement of said conduit and ambient lighting
on the East Washington Street right-of-way. Owner is required and agrees to carry
liability insurance, in minimum amounts of $500,0OO-$1,000,000-$250,OOO, with
contractual liability coverage included as part of such insurance, and shall furnish a
copy of the policy, or a certificate of insurance for same, satisfactory to the City.
Owner agrees to maintain such insurance in force until the conduit and ambient lighting
is removed from City property, and failure to maintain such insurance in force shall
automatically terminate the grant of permission contained herein. The parties agree
that the City may require reasonable increases in the amount of coverage in order to
provide comparable coverage protection in the future. If the required insurance is not
maintained, the City shall have the right to remove the conduit and ambient lighting
following five (5) days prior written notice to the owners of the property. Cost of such
removal shall be paid by the Owner; and if Owner fails to pay, said costs shall be
assessed against the property in the manner provided in Section 364.12(2)(e), Code
of Iowa (1995).
e
Owner acknowledges and agrees that no property right is conferred by this grant of
permission; that the City is not empowered to grant a permanent use of its street right-
of-way for private purposes; and that the City may order said conduit and ambient
lighting removed at any time if, for any reason, the City Council determines that the
property upon which the conduit and ambient lighting is located is needed for public
use and/or should be cleared of any and all obstructions,
This Agreement shall constitute a covenant running with the land, and shall be binding
upon and shall inure to the benefit of the respective heirs, successors in interest, and
assigns of both parties, except as set forth herein.
Dated this day of , 1995.
3
CITY OF IOWA CITY
M.C. GINSBERG JEWELERS, INC.,
AN IOWA CORPORATION
Susan M. Horowitz, Mayor
By:
ATTEST: By:
City Clerk
Approved by
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of ,1 9 ., 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 (Ordinance) (Resolution) No.
passed by the City Council, on the day of , 19__, 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.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 19 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, who, being by me duly sworn,
did say that they are the 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 the seal of said) said corporation by authority
of its Board of Directors; and that the said 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 voluntarily executed.
Notary Public in and for said County and State
m,c, ginsberg jewelers, inc,
110 east washington
iowa city, iowa 52240 319-351-1700
Dept. of Public Works
Chuck Schmadeke
Operation Nightscape
1. Run conduit from basement of M. C. Ginsberg Jewelers, 110 E. Washington St.
underground through sidewalk vault approximately 6.00ft to planter with Ginko tree in front of
pro~,_.
2. All wiring to be run underground to just inside planter. Conduit would house 2-30 amp
plugs that would/could be in a lockable box.
3 Lighting used would be 1 or 2 halogen (M-11) type spots to shine up through the tree
creating and outline and ambient lighting of tree.
.m.c. ginsberg t 10 e washington st
sidewalk
t q'----
conduit running underground to edge of planter
planter
tree
Contact Mark Ginsberg @ 351-1700 or fax 351-0873
Thanks for your consideration
Attachment "A"
EASEMENT AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY
AND MARK GINSBERG, D/B/A
iVi.C. GINSBERG JEWELERS, INC.
IOWA CITY, IOWA
This Easement Agreement for temporary use of public right-of-way is made between Mark
Ginsberg, d/b/a M.C. Ginsberg Jewelers, Inc. ("Owner") and the City of Iowa City, Iowa, a
municipal corporation ("City").
WHEREAS, Owner is the fee owner of certain real estate located at 110 E. Washington Street,
Iowa City, Iowa, and legally described as follows:
West 19 feet of East 73 feet of South 60 feet of Lot 6 Block 80, Original
Town, Iowa City, Iowa.
WHEREAS, Owner seeks City approval to run an underground conduit from the basement at
110 E. Washington Street through the sidewalk vault to a planter approximately six feet south
of the entrance to the business for the placement of ambient lighting which will focus upward
through the trees in the East Washington Street right-of-way and north to the face of the
business at 110 East Washington Street; and
WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control
of public right-of-way; and
WHEREAS, the Department of Public Works finds the use of a portion of the East Washington
Street right-of-way for the placement of the conduit and ambient lighting to be a minimal
intrusion in the public right-of-way, and also finds that pedestrian and vehicular traffic will not
be materially impeded.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT
IS AGREED AS FOLLOWS:
Owner shall be allowed to install, operate, and maintain a conduit from the basement
at I 10 East Washington Street through the sidewalk vault to a planter approximately
six (6) feet south of the entrance to the Owner's business for .the placement of
ambient lighting which will focus upward through the trees on City property abutting
110 East Washington Street, and north to the face of the business at 110 East
Washington Street, as shown on the attached sketch marked Attachment A and
approved by the City Engineering division (hereafter referred to as "conduit and
ambient lighting").
Owner agrees to remove the conduit and ambient lighting from the East Washington
Street right-of-way when any one of the following events occurs:
a. Within 30 days after being ordered to do so by the City.
2
o
The use of the property changes and the conduit and ambient lighting is no
longer needed.
If the Owner fails to remove the conduit and ambient lighting as required above, the
City may remove them and the cost thereof shall be assessed against the property in
the manner provided in Section 364.12(2)(e), Iowa Code (1995).
Owner agrees to maintain the conduit and ambient lighting in good and reasonable
repair so as to minimize danger.
In the event said conduit and ambient lighting is ever replaced for any reason, Owner
agrees to replace it, subject to the approval of the Public Works Department.
Owner agrees to indemnify, defend and hold the City harmless in connection with any
liability whatsoever arising in regard to the installation, maintenance, use, location or
repair of said conduit and ambient lighting, including any liability which the City may
incur as a result of its decision to allow placement of said conduit and ambient lighting
on the East Washington Street right-of-way. Owner is required and agrees to carry
liability insurance, in minimum amounts of $500,000-$1,000,000-$250,000, with
contractual liability coverage included as part of such insurance, and shall furnish a
copy of the policy, or a certificate of insurance for same, satisfactory to the City.
Owner agrees to maintain such insurance in force until the conduit and ambient lighting
is removed from City property, and failure to maintain such insurance in force shall
automatically terminate the grant of permission contained herein. The parties agree
that the City may require reasonable increases in the amount of coverage in order to
provide comparable coverage protection in the future. If the required insurance is not
maintained, the City shall have the right to remove the conduit and ambient lighting
following five (5) days prior written notice to the owners of the property. Cost of such
removal shall be paid by the Owner; and if Owner fails to pay, said costs shall be
assessed against the property in the manner provided in Section 364.1 2(2)(e), Code
of Iowa (1995).
Owner acknowledges and agrees that no property right is conferred by this grant of
permission; that the City is not empowered to grant a permanent use of its street right-
of-way for private purposes; and that the City may order said conduit and ambient
lighting removed at any time if, for any reason, the City Council determines that the
property upon which the conduit and ambient lighting is located is needed for public
use and/or should be cleared of any and all obstructions.
This Agreement shall constitute a covenant running with the land, and shall be binding
upon and shall inure to the benefit of the respective heirs, successors in interest, and
assigns of both parties, except as set forth herein.
Dated this day of , 1995.
3
CITY OF IOWA CITY
M,C. GINSBERG JEWELERS, INC,,
AN IOWA CORPORATION
Susan M. Horowitz, Mayor
By:
ATTEST:
City Clerk
Approved by - as to form
City Attorney's Office
By:
STATE OF IOWA )
) ss:
JOHNSON COUNTY
On this day of ,1 9__, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. I(arr, to me personally known, and, who, being
by me duty 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 (Ordinance) (Resolution) No.
passed by the City Council, on the day of ,1 9__, 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.
Notary Public in and for the State of Iowa
4
STATE OF IOWA
JOHNSON COUNTY
SS:
On this day of , A.D. 19 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, who. being by me duly sworn,
did say that they are the and , respectively, of
said corporation executing the ~vithin 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 the seal of said) said corporation by authority
of its Board of Directors; and that the said 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 voluntarily executed.
pwong',~n~b~g.agt
Notary Public in and for said County and State
ginsberg jewelers '
m.c, , inc.
110 east washington
iowa city. iowa 52240 319-351-1700
Dept. of Public Works
Chuck Schmadeke
Operation Nightscape
1. Run conduit from basement of M. C. Ginsberg Jewelers, 110 E Washington St.
underground through sidewalk vault approximately 6.00ft. to planter with Ginko tree in front of
2. All wiring to be run underground to just inside planter. Conduit would house 2~30 amp
plugs that would ~ be mna lockable box.
3 Lighting used would be 1 or 2 halogen (M-11) type spots to shine up through the tree
creating and outline and ambient lighting of tree.
m.c. ginsberg 110 e washington st
sidewalk
t §'---
conduit running undarground to edge of planter
planter
tree
Contact Mark G~nsberg @ 351-1700 or fax 351-0873
Thanks for your consideration
Attachment "A"
EASEIVIENT AGRE
FOR TEIVIPORARY USE OF PU
BETWEEN THE CITY
AND MARK GINS
IVI.C. GINSBERG J
IOWA
RIGHT-OF-WAY
IOWA CITY
D/B/A
, INC.
IOWA
This
Ginsberg,
municipal
Agreement for temporary
M.C. Ginsberg Jewelers,
("City").
of public right-of-way is made between Mark
("Owner") and the City of Iowa City, Iowa, a
WHEREAS, ;e owner of
Iowa City, Iowa, and al[,~
real estate located at 401 South Gilbert Street,
follows:
West 19 feet of
Town, Iowa City,
73
of South 60 feet of Lot 6 Block 80, Original
WHEREAS, Owner
110 E. Washington Street througl
of the entrance to the business f
through the trees in the East
to run an underground conduit from the basement at
~e sidewalk vault to a planter approximately six feet south
)lacement of ambient lighting which will focus upward
Street right-of-way; and
WHEREAS, the City of Iowa
of public right-of-way; and
Iowa, responsible for the care, supervision, and control
WHEREAS, the Department
Street right-of-way for
intrusion in the public ri
be materially impeded.
Public
~lacement of the
and aisc
s the use of a portion of the East Washington
and ambient lighting to be a minimal
at pedestrian and vehicular traffic will not
NOW, THEREFORE, IN
IS AGREED AS
~NSIDERATION OF THE
L PROMISE SET FORTH BELOW, IT
Owner shall be Ilowed to install, operate, and
at 110 ,n Street through the sidewalk
six (6) feet of the entrance to the Owner's
ambient which will focus upward through t
110 East W; shington Street, as shown on the att[
and bv the City Engineering division (hereafter
ambient li(,
Owner
Street
a conduit from the basement
~lt to a planter approximately
for the placement of
on City property abutting
marked Attachment A
as "conduit and
to remove the conduit and ambient lighting from the Ea.st Washington
y when any one of the following events occurs:
Within 30 days after being ordered to do so by the City.
RESOLUTION NO.
)LUTION AUTHORIZING THE EXECUTION OF AN EASEMENT
EMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
ITY AND MARK GINSBERG, D/B/A M.C. GINSBERG J~
IOWA IOWA.
CITY OF
INC.,
WHEREAS, s the fee owner of certE
Iowa City, Iowa, legally described as follows:
401 South Gilbert Street,
West 19 feet East 73 feet of South 60 feet
Town, Iowa Cit~ Iowa.
6 Block 80, Original
WHEREAS,
110 Eo Washing
of the entrance to the
Street right-of-way; and
approval to run an u~
Jgh the sidewalk w
lot the placeme
round conduit from the basement at
to a planter approximately six feet south
ambient lighting on the East Washington
WHEREAS, the City of Iowa City,
of public right-of-way; and
for the care, supervision, and control
WHEREAS, the Department of Public
Street right-of-way for the
intrusion in the public rig
be materially impeded,
rks finds the use of a portion of the East Washington
the conduit and ambient lighting to be a minimal
finds that pedestrian and vehicular traffic will not
NOW, THEREFORE, BE IT R BY
THAT:
COUNCIL OF THE CITY OF IOWA CITY
It is in the publ interest to facilitate
lighting; and
placement of the conduit and ambient
2. The City of City, Iowa, is responsible
public and
supervision, and control of
the us
the
and
Jation from the En
)ortion of the East Washington Street
and ambient lighting to be a minimal
, finds that pedestrian and vehicular traffic
Division, the City Council finds
ht-of-way for the placement of
;ion in the public right-of-way,
be materially impeded; and
easement agreement for temporary use of public rigt .of-way attached hereto is
as to form and content, and the Mayor is uthorized to execute and
City Clerk to attest the easement agreement on bE Iowa City, for
recordation in the Johnson County Recorder's Office, at ow~ "s expense.
RESOLUTION NO. 95-311
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUC-
TION PROJECT.
WHEREAS, McAninch Corporation has submitted the lowest responsible bid of
91,132,764.O0 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
McAninch Corporation, 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 24th day of October
,1995.
ATTEST: ClT~ CLERK
MAYOR //
Approved by[ . ~ , ,
-- Cil~y Attorney s Office
It was moved by Thrngmnrtnn and seconded by
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
Howar'~~nr~n Company
Proj~,N'o.~310J
FY91 Cell Cover and~ C o~
City of Iowa C~a~itary Landfill
cow.
THE CI~ OF IOWA CI~ IOWA
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 17th day of October, 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 October 24, 1995, or
at such later time and place as may then be
scheduled.
The Project will involve the following:
FY91 Cell Cover and FY96 Cell
Construction
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, P.O. Box 9009, Cedar
Rapids, Iowa 52409-9009 which have heretofore
been approved by the City Council, and are on
file for public exarnmation in the Office of the City
C!erk.
Each proposal shall be completed on a form
furnished by the City, and must be accompanied
in a sealed envelope, separate from the one
containing the proposal by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insudng the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and
theother 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,
ADVER~I~,,~R BIDS
FY91 Cell Cover and FY96 Cel~l onstruc '~t~
City of Iowa City Sanita"~ndfill
Io,~a-City,~
said bond to be issued by a responsible surety
approved by the City Council, and shall
guarantee the prompt payment of all materials
and labor, and also protect and save harmless
the City from all claims and damages of any kind
caused directly or indirectly by the operation of
the contract, and shall also guarantee the
maintenance of the improvement for a period of
two (2) year(s) from and after its completion and
formal acceptance by the City.
The following limitations shall apply to this
Project:
Completion Date: June 30, 1996
[.iquidated Damages: $200.00 per day
The plans, specifications and proposed
contract documents may be examined at the
office of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the office of Howard R. Green
Company, Consulting Engineers, P.O. Box 9009,
Cedar Rapids, Iowa 52409-9009 by bona fide
bidders.
A $75.00 deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Howard R.
Green Company. A refund of $25.00 per set will
be given upon return of said plans and
specifications in good and usable condition
within 10 days after the receiving of bids.
Prospective bidders are advised that the City
of Iowa City desires to employ minority
contractors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract. This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractore, 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 minodty contractors is available at
the City, and can be obtained from the Human
Rights Coordinator at the Iowa City Civic Center
by calling 319-356-5022.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
ADVERT~R BiDS
Howard R.~ny
Project N.~0J
FY91 Cell Cover and FY9~9~9~9~9~9~9~9~9~<ell C~n
City of Iowa City ~ry Landfill
,,/Iowa Cfty~owa
Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa
Reciprocal Preference Act, Section 23.21, Code
of Iowa (1991), applies to the contract with
respect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities. Published upon
order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
ADVERTI~R BIDS
RESOLUTION NO. 95-312
RESOLUTION AUTHORIZING AND APPROVING AN AIVIENDNIENT TO THE
1994 SUPPLEMENTAL COMMUNITY DEVELOPIVIENT BLOCK GRANT {A.K.A.
FLOOD//2) PROGRAM BUDGET.
WHEREAS, the City of Iowa City is the recipient of Supplemental Community Development
Block Grant (CDBG) funds granted by the U. S. Department of Housing and Urban
Development (HUD) under Public Law 103-211; and
WHEREAS, on July 19, 1994, the Iowa City City Council adopted Resolution No. 94-250,
authorizing filing of the 1994 Program Statement for the use of Supplemental CDBG funds;
and
WHEREAS, this amendment to the 1994 Supplemental CDBG Program Statement allows the
City to perform rehabilitation\restoration and replacement activities according to HUD
guidelines; and
WHEREAS, the funding allocated will allow Iowa City to complete assisting citizens affected
by the 1993 flood; and
WHEREAS, on September 21, 1995, the Housing and Community Development Commission
recommended approval of this budget amendment, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The amendment to the 1994 Supplemental CDBG Program Statement is hereby
authorized and approved.
The City Manager is hereby directed to file said amendment with the U.S. Department
of Housing and Urban Development.
Passed and approved this. 24th day of October
,1995.
CIT~CLERK
ppdc~bg~budgam~d res
3a, oo
Resolution No. 95-312
Page 2
It wasmoved by Novick and seconded by. Lehman
adopted, and upon rol~calltherewere:
. AYES: NAYS: ABSENT:
X
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
EXHIBIT A
SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SECOND ALLOCATION
AMENDED PROGRAM BUDGET SUMMARY
ProJect/Acfivlt~
Acquisition of Land
Relocation Assistance
Rehabili~ation/Replacement/Demolition
Administration & Planning
TOTAL
July 1~}94 September 1995
Original Budget Amended Budaet
9820,000 9820,000
350,000 0
0 350,000
132.000 132.000
$1,302,000 $1,302,000
Sources of Funds
Supplemental CDBG Fund #2
TOTAL
$1,302,000
City of iowa City
MEMORANDUM
Date: October 19, 1995
To: City Manager and City Council
From: Steven Nasby, Associate Planne .r~//
Re:
Budget Amendment to the 1994 Supplemental Community Development Block Grant
Program (Flood #2)
The original Flood #2 budget of $1,302,000 earmarked funds for three activities: land acquisition,
relocation expenses and administration. Since we did not purchase the Thatcher Mobile Home
Park, funds for relocation of its residents were not needed.
The total allocation of $1,055,000 in the Flood #1 budget has been expended, but several rehab
projects remain to be completed. We are planning to cover the remaining rehab costs with Flood
#2 funds as shown in the revised budget.
This budget amendment was reviewed and approved on September 21, 1995, by the Housing
and Community Development Commission (HCDC). If you have any questions on the budget
amendment or our flood activities, please call me at 356-5248.
bc4-6SN
RESOLUTION NO. 95-313
RESOLUTION ADOPTING THE CITY OF IOWA CITY COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE
REPORT FOR FISCAL YEAR 1994, AND AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the 1992 National Affordable Housing Act requires the City of Iowa City, Iowa, to
prepare an annual performance report assessing its performance under the Comprehensive
Housing Affordability Strategy (CHAS) Annual Plan for the previous fiscal year; and
WHEREAS, the City has prepared the City of Iowa City CHAS Annual Performance Report for
Fiscal Year 1994 (hereinafter "the Performance Report"); and
WHEREAS, the Performance Report assesses the City's performance in achieving its one-year
goals for affordable and supportive housing under the CHAS Annual Plan for Fiscal Year 1994;
and
WHEREAS, the City provided residents of the community with opportunities to comment on the
proposed Performance Report; and
WHEREAS, adoption of the Performance Report will maintain Iowa City's eligibility for
affordable housing projects administered by the U.S. Department of Housing and Urban
Development; and
WHEREAS, the City Council finds that the adoption of the Performance Report and its
submission to the U.S. Department of Housing and Urban Development will serve the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City of Iowa City Comprehensive Housing Affordability Strategy Annual
Performance Report for Fiscal Year 1994, filed in the office of the City Clerk, be and the
same is hereby approved and adopted.
The City Manager is hereby designated Chief Executive Officer and authorized to act
on behalf of the City of Iowa City in connection with the City of Iowa City
Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal
Year 1994.
The City Manager of Iowa City is hereby authorized and directed to submit the City of
Iowa City Comprehensive Housing Affordability Strategy Annual Performance Report
for Fiscal Year 1994 to the U.S. Department of Housing and Urban Development
pursuant to the 1992 National Affordable Housing Act.
Resolution No. 95-313
Page 2
Passed and approved this 24th day of October
,1995.
CITY CLERK
It was moved by Novtck
adopted, and upon roll call there were:
~ity At~mey's Office
and seconded by Throgmorton the Resolution be
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
chasupdt 93~chasreso
RESOLUTION NO. 95-314
RESOLUTION AMENDING THE BY-LAWS OF THE IOWA CITY HISTORIC
PRESERVATION COMMISSION BY AMENDING THE PROVISIONS FOR FILLING
VACATED, UNEXPIRED TERMS,
WHEREAS, City Council, upon a recommendation from its Rules Committee, has directed all
City Boards and Commissions to amend their by-laws with regard to the filling of vacated,
unexpired terms; and
WHEREAS, City Code Section 14-4C-4C requires that changes to the by-laws of the Historic
Preservation Commission be adopted by City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the By-Laws of the Iowa City Historic Preservation Commission, as amended and
as attached hereto, are approved as to form and content, and are hereby adopted.
Passed and approved this 24th day of October , 1995.
ATTEST: ~ CITY CLERK
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Novtck the Resolution be
AYES: NAYS: ABSENT:
x
x
x
X
x
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
BY-LAWS
IOWA CITY HISTORIC PRESERVATION COMMISSION
ARTICLE I.
MEETINGS
Section 1. Reqular Meeting. Regular meetings of this Commission shall be held once each
month.
Section 2. Special Meetinqs. Special meetings of the members may be called by the
Chairperson and shall be called by the Chairperson's request for members of the Commission.
Section 3. Place of Meetings. Regular meetings shall be in the Iowa City Public Library, Civic
Center or other appropriate meeting place in Iowa City, Iowa. Should these places be
unavailable, another meeting place shall be selected.
Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed
to all members of the Commission and the press. Special meetings may be called upon notice
to all members of the media at least 24 hours before a special meeting is held. All provisions
of the State Open Meetings Law shall be followed.
Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum
at any meeting and a majority of votes cast at any meeting at which a quorum is present shall
be decisive of any motion or election.
Section 6..Proxies. There shall be no vote by proxy,
Section 7. Public Discussion. Time shall be made available during all regular meetings for
open public discussion.
ARTICLE II.
MEMBERSHIP
Section 1. Membership. The Historic Preservation Commission shall consist of seven
members; term of membership shall be three years except for the shortened terms that
provide for staggered membership. The Chairperson and Vice-Chairperson will be elected
annually by the Commission members. All members shall be qualified electors of the City of
iowa City, Iowa, and shall serve as members without compensation, but shall be entitled to
the necessary expenses, including travel expenses, incurred in the discharge of their duties.
Section 2. Nomination. The City Council shall appoint members to the Historic Preservation
Commission as vacancies occur. If a position/appointment becomes vacant by reason of
resignation or otherwise and results in an unexpired term, the Council may choose to fill the
unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term but also through a subsequent regular term,
2
Section 3. Terms. Upon the expiration of terms of present members, new members shall be
appointed for three-year terms.
Section 4. Absences. Three consecutive unexplained absences of a Commission member
may result in a recommendation to the Mayor from the Commission to discharge such member
and appoint a new Commission member.
Section 5. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the pertinent portions of the City
Code, Historic Preservation Commission By-laws, and other documents that would be useful
to Commission members in carrying out their duties.
ARTICLE III.
OFFICERS
Section 1. Number. The officers of this Commission shall be a Chairperson and Vice-
Chairperson, each of whom shall be elected by members of the Commission.
Section 2. Election and Term of Office. The officers of this Commission shall be elected
annually.
Section 3. Vacancies. A vacancy in either office shall be filled by Commission members for
the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the
members, appoint committees, call special meetings and in general perform all duties of the
Chairperson and such other duties as may be prescribed by members from time to time.
Section 5. Vice-Chairperson. In the absence of the Chairperson or in the event of death,
inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and
when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
ARTICLE IV.
CONDUCT OF COMMISSION AFFAIRS
Section 1. Agenda. The Chairperson or a designated representative, together with
appropriate members of the City staff, shall prepare an agenda for all regular Commission
meetings. Agendas are to be sent to Commission members, the City Council and the media
at least three days prior to the regular meetings.
Section 2. Secretary. A secretary, not to be a Commission member, shall be provided for all
regular and special meetings.
Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and
distributed to Commission members and approved by the Commission prior to being sent to
City Council, in the manner prescribed by the Council. Specific recommendations for the
Council are to be set off from the main body of the minutes, and appropriately identified.
Section 4. Policies and Proqrams; Periodically, the Commission shall review the policies and
programs of the City relating to historic preservation, and make such recommendations to the
City Council as are deemed appropriate.
Section 5. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Commission by the City
Council. The Commission shall initiate the consideration of such items at the next regular
meeting following receipt, and shall notify Council of its disposition.
Section 6. Attendance at Council Meetin,Is. The Commission Chairperson or designated
representative are to be in attendance at all City Council meetings, including informal
sessions, at which matters pertaining to the Commission are to be discussed or when actions
concerning the Conmission's responsibilities are to be taken. The Commission's Chairperson
is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of
meetings involving Commission business.
Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall
be prepared by the Chairperson, approved by the Commission, and submitted to the City
Council.
Section 8. Liaison with Planninq and Zoning Commission, At such time as the Commission
undertakes any business which is deemed pertinent to the activities of the Planning and
Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send
a representative to the next meeting of the Historic Preservation Commission to act as a
liaison between the two Commissions.
ARTICLE V.
AMENDMENTS
Section 1. These by-laws may be altered, amended or repealed and new by-laws may be
adopted by the members at any regular meeting or at any special meeting called for that
purpose.