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HomeMy WebLinkAbout1995-11-21 ResolutionRESOLUTION NO. 95-326 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 5th dav of December, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2]st day of November , 1995. CIT~'CLERK It was moved by Novick 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 RESOLUTION NO. 95-327 RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO INCREASE THE RATES FOR FEES AND CHARGES FOR POTABLE WATER USE AND SERVICE, AND WASTEWATER TREATMENT WORKS USER CHARGES. WHEREAS, water and wastewater rates, which were last increased in 1995, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities, as well as its potable water supply and treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant, and to construct a sanitary sewer line to connect the two wastewater treatment plants; and WHEREAS, water and wastewater rates for fees and charges will fund these projects over time; and WHEREAS, City Code requires that notice and public hearing on the proposed increased rates for fees and charges be provided to the public, prior to enactment of said rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing is hereby set for 7:30 p.m. on December 5, 1995, to be held in the Civic Center Council Chambers, to permit public input on the proposed rate increases for fees and charges for water supply and treatment facilities and services, and also fees and charges for wastewater treatment facilities and services. The City Clerk is hereby directed to publish notice of said hearing as required by § 14- 3A-4, City Code entitled "Rates and Charges for City Utilities" as provided by federal and local law. Passed and approved this 21st day of November ,1995. ClT? CLERK Resolution .No. 95-327 Page 2 It was moved by ~...,~ and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: X X X 'X ABSENT: the Resolution be Baker Horowitz Kubby , Lehman Novick Pigott Throgmorton City of Iowa City MEMORANDUM Date: November 17, 1995 To: From: Re: Stephen Arkins, City Manager Donald Yucuis, Finance Director Wastewater/VVater Rate Options Based on Generating 20 Percent Cash Wastewater: You will find attached a schedule of the costs associated with the wastewater projects, sample rate options that would be needed to pay for the projects and the impact to the users on a monthly basis, based on the following assumptions: Phasing in the projects over four years (original projections were based on six years), because the Department of Natural Resources denied the City's request to construct the new south plant expansion in conjunction with the new water plant. 2. Rate options that generate cash of 20 percent of the project costs. Total project costs include inflation of 3.5% per year where applicable, one year debt service reserve and issuing 25 year, 7% revenue bonds with level debt service. Bid in CY95, construct in CY96 and CY97 - Bid in CY97, construct in CY98 and CY99 - pipe from north plant to Napoleon, Napoleon Park Lift Station and Pipe from south plant to Napoleon New south plant expansion Water: You will find attached a schedule of the water projects, sample rate options accumulating 20% cash to pay for a portion of the project costs and the monthly impact to the users based on the following assumptions: 1. Phasing in the projects over six years. 2. Rate options that generate cash of 20 percent of the project costs. Total project costs include inflation of 3.5% per year where applicable, one year debt service reserve and issuing 25 year, 7% revenue bonds with level debt service. The attached schedule shows what the monthly rates could be and the impact to the average residential wastewater and water user and large users. The rate structure as shown is for discussion purposes. I am recommending a multi-year rate structure be approved, but would not recommend more than two years because rates could be adjusted up or down based on actual bids that come in on the projects. The rate structure recommended would be effective for billings on or after March 2, 1996. Attachment Rs~IYe~ 'FY 1995 FY 1996 FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 'FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 Sample Options- Large User Commerdal FY 1995 FY 1996 FY 1997 FY 1999 FY 2001 FY 2003 FY 2006 InduStrial FY 1995 FY 1996 FY 1997 FY 1999 FY 2001 FY 2003 FY 2006 C:~WATSB/~WATRgg53~.S~WATRATIMPNOV95 11/17/95 WATER WASTEWATER PROJECTS - PHASE IN AND ACCUMULATE 20% CASH 20% CASH IN 2001 20% CASH IN 2000 WATER - PHASE IN PROJECTS: 1995-$ 6,315,250 WASTEWATER - PHAS5 IN 1997 $11,400,000; PROJECTS- 2000-936,500,000; FALL'95-$28,E84,300; SPRING TOTAL COST OF PROJECTS '2000-$15,008,600; $49,562,850, WITH INTEREST AND TOTAL COST OF PROJECT- ONE YEARS DBT-S101,923,809. 94.3,592,900; BONDS TOTALING BONDS TOTALING S42o573,250, $34,874,400, CASH-S8,718,500 CASH 910,642,900, SAVINGS- WITH INTEREST 983,585,652; $14,381,585. SAVINGS $16,169,048. Average Estimated Average MonthIy Estimated Monthly Annual Rate Residential Cost for Annual Rate Residential Cos Adjust Water Adjust for Wastewater 40% 14.05 35% 19.9z~ 30% 18,27 18% 23.53' 26% 23.02 15% 27.06' 25% 28.78 15% 31.12' 20% 34.54 15% 35.79' 20% 41.45 5% 37.58' 15% 47.67 - 15% 31.94' -15% 40.52 -5% 30.34' -5% 38.49 0% 30.84' 0% 38.49 0% 30.34' · 10% 34.64 -5% 28.82' 0% 34.64 0% 28.62' Average Average Monthly Monthly Cost Cost for Water Wastewater 40% 3,150 35% 5,828' 30% 4,095 19% 6,877' 26% 5.160 15 % 7,909' 20% 7,74~ 15% 10,459' 15% 10,681 -15% 9,3357 -5% 8,625 0% 8,868 0% 7,763 0% 8,425 40% 16,800 35% 26,00(: 30% 21,840 18% 30,680 26% 27,518 15% 35,282' 20% 41,278 15% 46,660' 15% 56,964 .15% 41,644' -5% 45,998 0% 39,562 0% 41,398 0% 37,584 introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Ptgot t seconded the motion to adopt. The roll was called and the vote was, AYES: Horowitz.. Baker, Knhby, 1.ohm~n, ~m,{Clr~P~,~,ot.t.. Throi~norton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 95-328 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 WATER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Water Revenue Bonds to the amount of $6,200,000, as authorized by Section 384.83, of the City Code oflowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7..m o'clock _v_.M., on the 21st: -2- day of November ,1995, for the purpose of taking action on the matter of the issuance of $6,200,000 Water Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of improvements and extensions to the Municipal Water Utility. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF 10WA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $6,200,000 WATER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSU- ANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 5th day of December, 1995, at 7:30 o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $6,200,000 Water Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. Said bonds are pro- posed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Water Utility. At the above meeting oral or written objec- tions from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said govern- ing body as provided by Section 384.83 of the City Code of Iowa. Dated this 27th day of .~ovembe~ 1995. t~ of Iowa City, Iowa PASSED AND APPROVED this ~ day of ~,~,~r ,1995. ATTEST: Clerk NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $6,200,000 WATER OF SAID CITY, ,l THE ISSUANCE THEREOF PUBLI( Iowa, will hold a o'clock Street, in Iowa City, action for the issuance not constitute general payable from and are proposed to be issued to the Municipal :~ is hereby given that the City Council tblic hearing on the day of in the Council Chambers, Civic at which meeting the City Counci D00 Water payable in , the net the purpose of City of Iowa City, ,1995, at East Washington to take additional ,fsaid City. Said bonds will ~ taxation, but will be Water Utility. Said bonds and extensions At the above meeting owner of said City to the on shall b received and considered, the take additional action for the issuanc~pf: said bonds. '\ This notice is given 384.83 of the City Code oflowa. fi'om any resident or property At~er all objections have been id meeting or at any adjournment thereof, Donds or will abandon the proposal to issue ,xgoveming body as provided by Section Dated this day ,1995. Cit~ Iowa (End of Notice) Nov~ ~k introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Pigott seconded the motion to adopt. The roll was called and the vote was, AYES: Hornw~2, ~kpr, g,,hhy~ l~hman, Nowfck, Pl$ott, Throgmorton NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 95-329 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of $28,000,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice ofthe proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Council Chambers, Civic Center, 410 East Washington Street at Iowa City, Iowa, at 7: 30 o'clock P__.M., on the z i ~- -6- day of lqovemher , 1995, for the purpose of taking action on the matter of the issuance of $28,000,000 Sewer Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of improvements and extensions to the Municipal Sanitary Sewer Utility. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CIT~ OF 10WA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSU- ANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 5th day of December, 1995, at 7:30 o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $28,000,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be Pavable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility. At the above meeting oral or written objec- tions from anv resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said govern- ing body as provided by Section 384.83 of the City Code of Iowa. Dated th;s 27th day of November 1995. erk of Iowa City, Iowa PASSED AND APPROVED this 21sl: day of November ,1995. ATTEST: PGOODRICI46931 -9- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $28,000,000 SEWER REVENUE BONDS OF SAID CITY, AND THE ON THE ISSUANCE THEREOF Iowa, will hold Street, in Iowa action for the ' will not constitute be payable from Said bonds are proposed and extensions to the is hereby given that the City Council g on the day of .M., in the Council Chambers, Civic Center, iowa, at which meeting the City Council Sewer obligations or be payable in any by the net revenues for the Sanitm'y Sewer oflowa City, ,1995, at East Washington additional Said bonds taxation, but will 3al Sanitary Sewer Utility. costs of improvements At the above owner of said City to the above received and considered, take additional action said bonds. from any resident or property After all objections have been meeting or at any adjournment thereof, or will abandon the proposal to issue This notice is given by order of 384.83 of the City Code of Iowa. g body as provided by Section Dated this . day of ,1995. City Clerk Iowa (End of Notice) -8- -,\ RESOLUTION NO. 95-330 RESOLUTION ACCEPTING THE WORK FOR THE EMERGENCY FLUE REPAIR SERVICES FOR THE IOWA CITY SENIOR CENTER WHEREAS, the Engineering Division has recommended that the work for the Emergency Flue Repair Services for the Iowa City Senior Center, as included in a contract between the City of Iowa City and R.M. Boggs Co. of Iowa City, Iowa, dated June 7, 1994, be accepted, 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 2[st day of November ,1995. ATTEST: '~/~..,~_..,.~ CITY--CLERK MAYOR Approved by ~ity Attorney s Offic~,/_/.~ It was moved by Novick and seconded by adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: X .X X X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-331 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Senior Center Exterior Repairs Project, as included in a contract between the City of Iowa City and E&H Restoration, Inc. of Davenport, Iowa, dated June 8, 1994, 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 21st day of November ,1995. ATTEST: ~ CITY-CLERK rney s Office//_/~.~.5_~ it was moved by Nnv~rk and seconded by adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RESOLUTION NO. 95-332 RESOLUTION AUTHORIZING EXECUTION OF A CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT (KC-9166) BETWEEN '1 HE CITY OF IOWA CITY AND THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority (HA); and WHEREAS, the Iowa City Housing Authority (HA) and the Department of Housing and Urban Development (HUD) propose to enter into this Consolidated Annual Contributions Contract (ACC) which shall supersede the most recent Consolidated ACC entered into between the HA and HUD bearing the same ACC number; and WHEREAS, the Iowa City Housing Authority (HA) presently has a Consolidated Annual Contributions Contract (ACC) with the Department of Housing and Urban Development to administer Public Housing Projects whose terms and conditions have become obsolete; and WHEREAS, the participants of the Public Housing assistance programs and the Citizens of Iowa City would benefit from this Consolidated ACC which covers all project(s) listed under the most recent Consolidated ACC entered into between HUD and the HA bearing the same ACC number as this ACC, and any amendments thereto, as well as any additional project(s) that may be added; and incorporates by reference those regulations issued by HUD for the development, modernization, and operation of public housing projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: Section 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said Consolidated Annual Contributions Contract, Form HUD-53012A and HUD-53012B to the Department of Housing and Urban Development. Section 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Section 3. This Consolidated ACC supersedes the most recent Consolidated ACC entered into between HUD and the HA bearing the same ACC number and any amendments thereto. Section 4. This Resolution shall take effect immediately. Passed and approved this 21st day of November , 1995. ATTEST: ClT~ CLERK Resolution No. 95-332 Page 2 It was moved by ~]ovic~. and seconded by adopted, and upon rol~ call there were: Pt§ott the Resolution be . AYES: NAYS: ABSENT: X Baker ~ Horowitz ~ Kubby x Lehman X. ... Novick x Pigott x Throgmorton RESOLUTION NO. 95-333 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 S89°32'O0"W, (A RECORDED BEARING), 2604.28 feet, to a Point on the West Right-of-Way line of the CRANDIC Railway Co. (formerly 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 N89°22'49"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 S00°27'35"W, along the West Line of Lots 1, 2, 3, and 4, of said Kennedy's Waterfront Addition, Part Two, 380.00 feet, to the Southwest Corner of said Lot 4; Thence S89°22'49"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 NOO°27'35"E, along said East Line, 200.00 feet, Thence N89°32'25"W, 50.00 feet; Thence SO0 °27'35"W, 94.83 feet; Thence S53 o 50'00"W, 102.03 feet; Thence N87°50'OO"W, 440.00 feet, Thence N10° 16'47"W, 17.75 feet; Thence NO1°24'29"E, 363.14 feet; Thence N13°13'OO"E, 187.17 feet; Thence N20°24'28"E, 251.69 feet; Thence N19°39'15"E, 152.26 feet; Thence N24°57'O9"E, 281.99 feet; Thence N17°46'41"E. 341.20 feet; Thence NO8°26'22"E, 351.68 feet; Thence NOO°48'24"W, 232.54 feet, to a Point on the Southerly Right-of-Way Line of Highway No. 6; Thence S71°02'40"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 S70°59'59"E, along said Right-of-Way Line, 250.04 feet; Thence S85°04'50"E, 99.68 feet; Thence S02°22'15"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° 13'30"E, along the West Line of Said Lot 12, of Sand Lake Addition, 121.27 feet; Thence S34°27'11"W, along the West Line of Said Lot 12, of Sand Lake Addition, 127.85 feet, to the Northeast Corner of Lot 9 of said Sand Lake Addition; Thence S52°27'11 "W, along the West Line of Said Lot 9, 60.00 feet; Thence S82°27'11 "W, along said West Line, 85.00 feet; Thence S24°27'11 "W, ~1ong 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. 95-333 Page 2 Sand Lake Addition; Thence S44° 27'11 "W, along the Westerly Line of Said Lot 8, 170.00 feet, to the Northwest Corner of said Lot 8, and the Northeast Corner of Lot 7 of said Sand Lake Addition; Thence S70°11 '24"W, 133.41 feet; Thence S24°01'45"W, 113.86 feet; Thence S11 °25'53"W, 83.96 feet; Thence S37o53'34"E, 1 31.85 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 plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made tothe public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. o The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall 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 21st day of Royember , 1995. CORPORATE SEAL CITY-CLER]( v:: 2(10. Ac[ Resolution No. 95-333 Page 3 It was moved by ?~or~ and seconded by adopted, and upon rol~ call there were: Leh~al~ · AYES: NAYS: ABSENT: the Resolution be _ Baker , Horowitz Kubby Lehman Novick Pigo~ Throgmorton RESOLUTION NO. 95-334 RESOLUTION APPROVING THE~RELIMINARY PLAT OF W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the applicant, Howard Winebrenner, on behalf of property owner Kirkwood Community College, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of W.B. Development; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planni,,~ and Z.~r4ng Commission exam,ned the preliminary plat and, after due deliberation, ,gcomm:.r~ded acceptan-9 and approval of the plat; and WHEREAS, the preliminary pl ,t conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of W.B. Development, Iowa City, Iowa. is hereby approved. The Mayor and City (Perk of the City of Iowa City, Iowa are hereby authorized and directed to certify a c 3py of this resolution. which shall be affixed to the plat after passage and ,proval )y law. Passed and approved this.__21~ day of Nnvomber 1995. CITY-CLERK Appro,,_gy~vedb! ~ / /,,-) It was moved by Baker and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton STAFF REPORT To: Planning & Zoning Commission Item: SUB95-0030. W.B. Development 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: Prepared by: Scott Kugler Date: November 2, 1995 Howard Winebrenner 217 Stevens Drive Iowa City, IA 52240 Phone: 338-7811 David Biehl MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval. To create an 8-lot commercial subdivi- sion. South of the Highway l/Highway 218 interchange. 40.30 acres Vacant; Cl-1, Intensive Commercial North: Vacant; CP-1, Planned Com- mercial (County) East: Highway 218 right-of-way. South: Agricultural; RS, Suburban Residential West: Commercial; CP-2, Planned Commercial (County) This area was not included on the 1989 Cornprehensive Plan Land Use Map because it was not in the corporate limits at that time. The Fringe Area Agreement suggests commercial and light industrial development at this interchange. City Code Chapter 14-7, Land Subdivi- sions. File date: October 12, 1995 45-day limitation period: November 27, 1995 SPECIAL INFORMATION: Public utilities: City water is being extended to the south side of this interchange to allow the development of property in this area. A private lift station and forced sanitary sewer main is being installed by the applicant for use until such time that the Southwest Interceptor sewer is extended to serve this area. Public services: Police and fire protection will be provid- ed by the City. Trash collection must be handled through a private collector. Transportation: The nearest transit route is the Plaen View route which passes through the intersection of Highway 1 and Mormon Trek Boulevard. Physical characteristics: The property contains a partially wood- ed drainageway that contains slopes in excess of 18 percent according to the Sensitive Areas Inventory map. Nearly all of the drainageway, the wooded areas, and the steep slopes are con- tained on Outlot A. The applicant intends to utilize the area for a wet- bottom storm water basin. BACKGROUND INFORMATION: The applicant, Howard Winebrenner, on behalf of Kirkwood Community College, is requesting preliminary plat approval of W.B. Development, an 8-lot, 40.30 acre commercial subdivision on property located south of the Highway l/Highway 218 interchange. This property was recently annexed and rezoned to C1-1, Intensive Commercial, to allow this development to occur within the corporate limits. The City will be extending a water line to the property, and a private lift station is to be installed for sewage disposal until such time that the Southwest Interceptor sewer is extended to serve this area. ANALYSIS: Conformance with Subdivision Regulations: The proposed preliminary plat appears to be in general conformance with the City's subdivision regulations, with the exception of those items listed below under Deficiencies and Discrepancies. In addition, the Public Works Department is reviewing the most recently submitted plat and may identify additional deficiencies. These 3 items should be corrected before the Commission takes any action on the plat. A Grading and Erosion Control Plan has been submitted due to the presence of steep slopes on Outlot A. The Grading and Erosion Control Plan should be approved prior to City Council consideration of the preliminary plat. The proposed subdivision would consist of seven lots along the north portion of the property, all fronting on Escort Drive, a proposed street with access off of Naples Avenue. Outlot A, which contains a partially wooded drainageway within a ravine, is located to the south of these lots and separates them from Lot 8, located at the southwest corner of the property. Due to the presence of the ravine, development of Lot 8 will be somewhat constrained by the difficulties in providing sewer service to the lot. Development will either have to be delayed until sewer service is extended to this area via the Southwest Interceptor sewer, or a second private lift station will have to be installed to pump waste to the proposed sewer line within Escort Drive. An easement is shown on the plat allowing for the second option to occur if necessary. Roadway Improvements: Development on Lot 8 should be prohibited until Naples Avenue is improved to the south line of the subdivision. The developer of Scott's Fourth Addition, a County subdivision located on the west side of Naples Avenue, is obligated to improve Naples Avenue from Highway 1 to Alyssa Court, which will provide access to Escort Drive and Lots 1 through 7. Although there have been delays in the paving of this roadway, it is still expected that the developer of Scott's Fourth will improve the roadway. However, Lot 8 is located south of Alyssa Court. The plat contains a note which indicates that the roadway fronting this lot must be improved along its full frontage prior to any development occurring on Lot 8. Outlot A is to contain a storm water basin. Maintenance of the basin will be the responsibility of the owners of Lots 1 through 8, and should be addressed in the legal papers when the final plat is being considered. Proposed Wet-Bottom Storm Water Basin: The partially wooded ravine is proposed to be used for a wet-bottom storm water basin as part of this development. Plans are to dam up the east end of the ravine to create the basin. However, if sanitary sewer service is to be extended to this subdivision and to the property to the west, this ravine would be the best location for the sewer line. A 50 foot wide easement is shown on the plat for the future installation of the sewer line, which would connect to the Southwest Interceptor sewer extension. A wet- bottom basin would make the installation of the sewer line more difficult and more costly in the future. Public Works recommends that a dry-bottom basin be utilized in this situation in order to avoid these high costs and the need to drain the basin when the sewer is installed. Staff is discussing this issue with the developer at this time, but feels that if plans are not accepted by Public Works, the basin will need to be redesigned. Staff anticipates having more information on this issue before the Commission's informal meeting on October 30. Staff is also concerned about the impact that a wet-bottom basin will have on the wooded areas, and the extensive grading that will be necessary within the ravine. A dry-bottom basin, which would hold water for short periods of time and would require less filling at the east end of the ravine, may result in the loss of fewer trees located in the bottom of the basin and on the sloped areas. Staff feels that retaining the existing landscape as much as possible through the use of a dry-bottom basin is preferable over creating an artificial pond, and will make retrofitting the subdivision for sewer service less costly in the future. A dry bottom basin will also require less maintenance when compared to a wet bottom basin. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of W.B. Development be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the preliminary plat be approved, subject to the approval of a Grading and Erosion Control Plan prior to Council consideration of the preliminary plat. DEFICIENCIES AND DISCREPANCIES: 1. The storm water management basin should be a dry-bottom basin rather than a wet- bottom basin to allow for the future extension of sewer service to this subdivision. 2. The existing utilities along Highway 1 and Naples Avenue should be shown on the plat. 3. The word "facility" is misspelled in the notes referencing the storm water management facility easement. Any additional deficiencies that may be identified bv Public Works in reviewing the most recent plat submittal. ATTACHMENTS: 1, Location Map. 2. Preliminary Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP $UE~95-00;50 PRELOMONARY PLAT W.B. DEVELOPMENT FOLLOWIN(~ I$ ~ "~ ~ BEST DOCUMENT AVAILABLE -- t RESOLUTION NO. 95-335 RESOLUTION AUTHORIZING CONVEYANCE OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN CENTER, IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY INSTALLMENT CONTRACT WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 12, 1995 the Iowa City Housing Authority considered and passed Resolution //95-272 approving the disposition plan to sell 1926 and 1946 Broadway, also described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the recorded plat thereof, to the Hawkeye Area Community Action Program (HACAP) for the purpose of establishing 18 transitional housing units; and WHEREAS, HACAP has agreed to purchase the property on contract for the principle sum of 9750,000.00, the appraised value of the property, to be paid over a ten (10) year period at a rate of seven per cent {7%) annual interest with a balloon payment at the end of the contract period; and WHEREAS, the participants of the Public Housing assistance programs and the Citizens of Iowa City would benefit from the proposed disposition; and WHEREAS, on November 7, 1995, the City Council adopted Resolution 95-319 declaring its intent to convey its interest in the subject property, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute the real estate installment sale contract conveying the City's interest in 1926 and 1946 Broadway, also described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa, according to the recorded plat thereof, to Hawkeye Area Community Action Program (HACAP), for and in consider- ation of the principle sum of $750,000.00, the appraised value of the property, to be paid over a ten (10) year period at a rate of seven per cent (7%) annual interest with a balloon payment at the end of the contract period. The City Attorney is hereby authorized to take all necessary action to complete said transaction, as required by law. The real estate installment contract and other documentation required by law shall be recorded by the City Clerk in the Johnson County Recorder's Office at HACAP's expense. Resolution No. 95-335 Page 2 Passed and approved this 21st CITY CLERK day of ~1ovember , 1995. Reeolutlon No. 95-335 Page 3 It was moved by Pimott and seconded by adopted, and upon rolF call there were: · AYES: NAYS: X Nov ~ k ABSENT: the Resolution be ABSTAIN: Baker Horowitz Kubby x Lehman Novick Pigott Throgmorton ADDENDUM NO. 1 TO INSTALLMENT CONTRACT OF SALE BETWEEN CITY OF IOWA CITY, ACTING AS THE IOWA CITY PUBLIC HOUSING AUTHORITY (ICHA) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) This Addendum No. 1 shall be attached to the real estate contract - installment between the City of Iowa City, Iowa, a municipal corporation, acting in its capacity as the Iowa City Public Housing Authority (ICHA), and Hawkeye Area Community Action Program (HACAP), authorized by the City Council by Resolution No. 95-335 _ on November 21, 1995, and shall be deemed incorporated by reference into the real estate contract as follows: Paragraph 3. Taxes. In addition, any real estate property tax-exempt status of HACAP as a charitable organization, which HACAP may or may not enjoy, shall be applied for by HACAP. The ICHA agrees to cooperate in such effort, but in any event, taxes shall remain the responsibility of Buyers during the course of this Contract. Paragraph 6. Insurance. In addition, Buyers shall maintain comprehensive general liability as follows: · Bodily injury - $500,000 per person; $1 million per accident · Property damage - $250,000 per accident Buyers shall also maintain property replacement insurance coverage for the cost of replacement of the real estate at the purchase price, plus 2% additional coverage per year, to cover inflation. Paragraph 7. Care of Properi7. Additionally, HACAP will permit ICHA annual inspection of the real estate, in order to assure Buyers' compliance with this Contract. Paragraph 20. Assignment. Th~s Contract is not assignable. Paragraph 23. Special Provisions. HACAP to provide transitional housing to eligible families earning 50 percent of the median income as defined by HUD; and in return ICHA will guarantee rental assistance to eligible farodies as defined by HUD program requirements. Paragraph 24. Fees for Municipal Services. HACAP to pay to the City of Iowa City $1,400 in lieu of property taxes for municipal services. HACAP will be billed in two equal installments of $700 payable February I and August 1 each year for the term of the contract. Paragraph 25. Payment Schedule. HACAP will begin payment on this contract February 1. 1995, due the first of each month in equal installments as shown in the schedule of payment attached and incorporated herein as part of this contract. Approved by - Citj/Attorney's Office - Approved by / ADDENDUM NO. 1 TO INSTALLMENT CONTRACT OF SALE BETWEEN CITY OF IOWA CI'~f', ACTING AS THE IOWA CITY PUBLIC HOUSING AUTHORITY (ICHA) A~HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) This Addendum No. 1 shall be attached to the real estate contract - installment between the City of Iowa City, I~wa, a municipal corporation, acting in its capacity as the Iowa City Public Housing Authority (IO~A), and Hawkeye Area Community Action Program (HACAP), authorized, by the City Council b~Resolution No. 95-335 on November 21. 1995, and shall be deemen incorporated by referer~,~ into the real estate contract as follows: Paragraph 3. Taxes. ln'~ddition, any real estate property tax-exempt status of HACAP as a charitable organization, wh}~:h HACAP may or may not enjoy, shall be applied for by HACAP. The ICHA agrees to cooperate in such effort, but in any event, taxes shall remain the responsibility of Buyers dudng~e course of this Contract. . -' Paragraph 6. Insurance. In ad~dition, Buyers shall maintain c~o~nprehensive general liability · Bodily injury - $500,000 per person; $1 million p..er accident , Property damage - $250,000~per accident ./ \ / Buyers shall also maintain property }e. placem./er{t insurance coverage for the cost of replacement of the real estate at the purch'~e ?ce. plus 2% additional coverage per year, to cover inflation. ,/ Paragraph 7. Care of Property. Add,t,o,/nal'ly~...HACAP wdl perm~,t I.CHA. annua inspection of the real estate, in order to assure Buyers compliance with this uontram. Paragraph 20. Assignment. This C-/oontract is not,assignable. Paragraph 23. Special Provisi/on/s. HACAP to provide transitional housing to eligible families earning 50 percent of the median income as defined by H.UD; and in return ICHA will guarantee rental assistance to eligible [~imilies as defined by HUD p.,rogram requirements. ADDENDUM CITY, AND I TO INSTALLMENT CONTRACT OF SALE BETWEEN CITY OF IOWA ING AS THE IOWA CITY PUBLIC HOUSING (ICHA) AREA COMMUNITY ACTION PROG ,',HACAP) This Addendum No. shall be attached to the real estate installment between the City of Iowa City, a municipal corporation, acting ' as the Iowa City Public Housing Authority ), and Hawkeye Area Communi ram (HACAP), authorized by the City Council by No. ~vember 21,1995, and shall be deemed incorporated by referer into the real estate as follows: Paragraph 3, Taxes. Ir charitable organization, The ICHA agrees to coo responsibility of Buyers durir any real HACAP may or in such the course , tax-exempt status of HACAP as a not enjoy, shall be applied for by HACAP. but in any event, taxes shall remain the Contract. Paragraph 6, Insurance. In as follows: Bu rs shall maintain comprehensive general liability · Bodily injury - ,,000 · Property damage $1 million per accident accident Buyers shall also maintain prope replacement of the real estate at the cover inflation. replacement insurance coverage for the cost of price, plus 2% additional coverage per year, to Paragraph 7. Care of Pro the real estate, in order to Ily, HACAP will permit ICHA annual inspection of Buyers' ~nce with this Contract. Paragraph 20. Assignme This Contract ; not assignable. Attorney's Offlce//./~.._ ?~_.__ RESOLUTION NO. 95-336 RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE DAVID BRAVERMAN TRUST, AS CONTRACT VENDOR, DARYL WOODSON, D/B/A THE SANCTUARY RESTAURANT AND PUB, IN IOWA CITY, IOWA. WHEREAS, Owner is the fee owner of certain real estate located at 405 South Gilbert Street, Iowa City, Iowa, and legally described as follows: Beginning at the southeast corner of the north half of Lot 3, in Block 2, Berryhill and Pierce's Addition to Iowa City, Iowa, according to the recorded plat thereof, which point is 144.6 feet east and 1 70 feet south of the northwest corner of the northeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Lot 3, 43.6 feet, thence west 85.24 feet along the south face of the wall of a three story brick building to the east line of Maiden Lane, thence south 44.6 feet along the east line of Maiden Lane, thence east 84.7 feet to the place of beginning; and WHEREAS, owner operates a restaurant and pub on the above-described property; and WHEREAS, in order to facilitate solid waste removal from said business and to provide suitable placement of solid waste dumpsmrs, the owner wishes to continue the use of a dumpstar storage area located w~thin the Maiden Lane 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 Maiden Lane r~ght of way for dumpster storage to be a mirareal intrusion in the public right-of-way, and also finds that pedestrian and vehicular trafhc 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 solid waste removal from said business and to provide suitable placement of solid waste dumpsters; 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 Maiden Lane right of way for dumpstar storage 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. 95-336 Page 2 Passed and approved this 21e._.__~__~ day of Nove~e: ,1995. ATTEST: ~~ CITYCLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X ,X X X Pigott the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between the David Braverman Trust #1 U/W/A dated December 12, 1980, as Contract Vendor, Daryl Woodson Properties, Inc., as Contract Purchaser, both hereinafter collectively referred to as "Owner," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Owner is the fee owner of certain real estate located at 405 South Gilbert Street, Iowa City, Iowa, and legally described as follows: Beginning at the southeast corner of the north half of Lot 3, in Block 2, Berryhill and Pierce's Addition to Iowa City, Iowa, according to the recorded plat thereof, which point is 144.6 feet east and 170 feet south of the northwest corner of the northeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Lot 3, 43.6 feet, thence west 85.24 feet along the south face of the wall of a three story brick building to the east line of Maiden Lane, thence south 44.6 feet along the east line of Maiden Lane, thence east 84.7 feet to the place of beginning; and WHEREAS, Contract Purchaser leases the premises to an entity which operates a restaurant and pub on the above-described property; and WHEREAS, in order to facilitate solid waste removal from said business and to provide suitable placement of solid waste dumpsters, the Contract Purchaser wishes to continue the use of a dumpster storage area located within the Maiden Lane 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 Ma~den Lane right of way for dumpster storage 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 PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Owner is the fee owner of certain real estate located at 405 South Gilbert Street, Iowa City, Iowa, and legally described as follows: Beginrang at the southeast corner of the north half of Lot 3, in Block 2, Berryhill and Pierce's Addition to Iowa City, Iowa, according to the recorded plat thereof, which point is 144.6 feet east and 170 feet south of the northwest corner of the northeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Lot 3, 43.6 feet, thence west 85.24 feet along the south face of the wall of a three story brick building to the east line of Maiden Lane, thence south 44.6 feet along the east line of Maiden Lane, thence east 84.7 feet to the place of beginning. Contract Purchaser leases the premises to an entity which operates a restaurant and pub on the above-described property, and in order to facilitate solid waste removal from said business and to provide suitable placement of solid waste dumpsters, the Contract Purchaser wishes to continue the use of a dumpster storage area located within the Maiden Lane right of way. 2 o In consideration for Owners' promises herein, City agrees to permit the Contract Purchaser to install, locate and maintain a dumpstar storage area for the accommoda- tion of a small commercial dumpstar approximately 7'x 4'x 4' in size along the Maiden Lane public right of way adjacent to 405 South Gilbert Street, Iowa City, Iowa, as a temporary use of the public right of way. As an additional temporary use of the public right of way, City also agrees to permit Contract Purchaser to install screening materials along the Maiden Lane public right of way adjacent to 405 South Gilbert Street. Both temporary uses shall conform to the City-approved site plan attached hereto and incorporated herein by this reference. Contract Purchaser agrees to submit a site plan of the dumpster storage area to the City for review and approval prior to any screening installation, the design of which shall conform to the standards of City Code Section 14-SH-5(G). Contract Purchaser further agrees to use, manage and maintain the dumpster storage area along the sidewalk on the east side of Maiden Lane adjacent 405 South Gilbert Street, including the screening, in compliance with the City-approved site plan, together with all applicable City regulations and ordinances, excepting of 14-6E-7H(2)(e) regarding dumpster location within the public right of way. Contract Purchaser also agrees to the periodic inspection of the approved dumpster storage area by the City Housing and Inspection Services Department or other appropriate City official, which inspections may be performed without prior notice by the City. Contract Purchaser agrees to remove any dumpstars and storage area screening from the Maiden Lane right-of-way when any one of the following events occurs: Within 30 calendar days after the City gives written notice of removal to the Owner. The use of the property changes and the dumpster storage area is no longer needed or appropriate, as determined by the City. If Contract Purchaser fails to remove the dumpstars and storage area screening from the east Maiden Lane right-of-way as required, the City may remove the storage objects and the screening materials, and the cost thereof shall be billed to Contract Purchaser for payment to City. Upon Contract Purchaser's failure to pay said billing, the r~.~,cvcl cc3t$ sh~ 5~ c~r;,;fied to Johascn County as a st~utcr'/lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (19951. Contract Purchaser agrees to maintain the dumpstars and dumpster storage area screemng in good and reasonable repair, and to minimize unreasonable safety hazards to passing vehicular and pedestrian traffic. In the event the dumpstar storage area screening is ever replaced for any reason, Contract Purchaser agrees to replace it according to the requirements and approval set forth in Paragraph four (4) above. Contract Purchaser 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 dumpsters and/or dumpster storage area, including any liability which the City may incur as a result of its decision to allow placement of said dumpstars and/or dumpstar storage area screening on the east 3 10. Dated Maiden Lane right-of-way. Contract Purchaser is required and agrees to carry liability insurance, in the minimum amount of $500,000, 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. Contract Purchaser agrees to maintain such insurance in force until the dumpsters and dumpster storage area screening is removed from City right of way, 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. Notwithstanding Paragraph five (5) above, if the required insurance is not maintained, the City shall have the right to remove the dumpsters and/or dumpstot storage area screening following five {5) calendar days prior written notice to the Owners of the property. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.1212)le), Iowa Code (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, notwithstanding Paragraph five (5), that the City may order said dumpstots and/or dumpster storage area screening removed at any time if, for any reason, the City Council determines that the property upon which the dumpsters and dumpstot storage area screening 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. this 21 dayof '~vemj~.,- , 1995. CITY OF IOWA CITY Susan M. Ho'i'0witz, Mayor ~ry~l/~/oodson, President Dsryl Woodson P:cperties, Inc. · Rosalie Braverman Trustee, David Braverman Trust Apprpved by: -- . C~tyAttorney s Office //_,,~/~ ,~'~ 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~.~ dayof 'i~.~.~.~ ,19 ~/~ ,before me, ~-~r-J- , 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 Co~ncil, as contained in Resolution No. ~;5- 55~ passed by the City Council, on the ~-/ ~ day of ~,,~... ,19 ~5 , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis14 dayof ~/'C'~-IYL[LC,/L. ,19 ~,.~befor_eme, the undersigned, aNotary Public in and for th.e State of Iowa, personally appeared J)~i'~? / ~,~C( £o~. , to me personally known, who being by me duly sworn, did saythat he is the President of Daryl Woodson Properties, Inc., the corporation executing the within and foregoing instrument, and that the instrument was signed on behalf of the Corporation by authority of its Board of Directors, and he acknowledges the execution of the instrument to be the voluntary act and deed of the Corporation, by it and by him voluntarily executed. t.l KRISTtN R tiEUBAUER I ary Public in and for said County and State 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~./~ day of ~'~ ~'~f~..-~" , A.D· 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rosalie Braverman, to me personally known, who, being by me duly sworn, did say that she is the Trustee of the David Braverman Trust//1 U/~V/A dated December 12, 1980, and that she executed the within and foregoing instrument as Trustee of the David Braverman Trust under due authorization, and that the execution of said instrument was the voluntary act and deed of said Trust, by it and by her voluntarily executed, · MY //-~5'~/? Notary Public in and for said County and State RESOLUTION NO, 95-337 RESOLUTION AUTHORIZING AND RATIFYING THE ACQUISITION OF BOTH PERMANENT AND TEMPORARY CONSTRUCTION EASEIVIENTS FOR THE CONSTRUCTION OF THE LONGFELLOW AREA STORM AND SANITARY SEWER PROJECT. WHEREAS, the City of Iowa City has undertaken a project known as the Longfellow Area Storm and Sanitary Sewer Project within the Longfellow Area; and WHEREAS, the Project includes installation of new storm and sanitary sewer pipe along with street and area intakes; and WHEREAS, the City Council has been advised and has determined that the acquisition of both permanent and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer has determined the location of the necessary permanent and temporary construction easements; and WHEREAS, City staff has negotiated acquisition of certain permanent and temporary construction easements at the best overall price and cost to the City, and said acquisition should therefore be ratified and approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire permanent and temporary construction easements for the construction of the improvements included in the Longfellow Area Storm and Sanitary Sewer Project, and acquisition of said permanent and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee has negotiated acquisition of certain permanent and temporary construction easements for the construction of the improvements included in the Longfellow Area Storm and Sanitary Sewer Project, and said acquisition is hereby ratified and approved. The Mayor and City Clerk are hereby authorized to execute permanent and temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Passed and approved this 21st day of November ,1995. CIT~'CLERK ~Xx.~_~tt °rney s/_~,~ice//_"'~_ Resolution No. 95-337 Page 2 It was moved by Pi~ott and seconded by _ Novick adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: the Resolution be Baker · Horowitz Kubby .,Lehman Novick Pigot~ Throgmorton RESOLUTION NO. 95-338 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT. WHEREAS, the City of Iowa City desires to construct a sanitary sewer, lift station, and force main in the Highlander area; and WHEREAS, the City is obligated to undertake certain sanitary sewer improvements along Highway 1, north of Interstate 80, as a condition of a CEBA grant; and WHEREAS, the City Council has been advised and has determined that the acquisition of permanent and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary permanent and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said permanent and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire permanent and temporary construction easements for the construction of the improvements included in the Highlander Area Sanitary Sewer, Lift Station, and Force Main Project, and acquisition of said permanent and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of permanent and temporary construction easements for the construction of the improvements included in the Highlander Area Sanitary Sewer, Lift Station, and Force Main Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute permanent and temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event permanent and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemna- tion proceedings for the acquisition of such permanent and temporary construction easements. Resolution No. 95-338 Page 2 Passed and approved this 21,~t day of Nnv~mb~r ,1995. ClT'¢' CLERK It was moved by }BeAman and seconded by adopted, and upon roll call there were: AYES: NAYS: X X x X X x Novick ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-339 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, Resolution No. 95-50 adopted by the City Council on March 7, 1995, authorized permanent positions in the Sanitation Division for FY96; and WHEREAS, Council has directed the establishment of a new recycling route which requires the addition of one employee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Sanitation Division be amended by: The addition of one full-time Maintenance Worker II - Refuse, AFSCME paygrade 7. Passed and approved this 2lst day of November , 1995. It was moved by Novick and seconded by adopted, and upon roll call there were: pproved by r, one ' ]{,,hhythe Resolution be AYES: NAYS: ABSENT: x x x x X , x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton humanrel~sanit.res RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRIDOR WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDEMNATION. WHEREAS, City staff was directed to negotiate settlement with Antonia and Arie Kroeze and Pleasant Valley Golf Course, in lieu of condemnation for property rights needed for the City's South River Corridor/Wastewater Treatment Connection Project; and WHEREAS, City Council now wishes to enter into a negotiated agreement to acquire property rights in lieu of conde.mnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The agreement to acquire property rights from Arie and Antonia Kroeze for the South River Corridor/Wastewater Treatment Connection Project in lieu of condemnation, is hereby approved as to form and substance. The City Attorney is directed to carry out all necessary procedures to consummate the acquisition of said property rights, as agreed. Passed and approved this day of , 1995. ATTEST: CITY CLERK MAYOR Approved by ~ - ~ity Attorney s. Office //./~?~-'- It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton City of iowa City MEMORANDUM Date: November 21, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney ~ Re: Settlement with Pleasant Valley Golf Course and Kroeze Family; Status Report This is to inform you that the Kroeze family and Pleasant Valley Golf Course have accepted the settlement discussed in executive session Monday, November 20, 1995, concerning the wastewater treatment connection project. Because of the short time constraints, Bill Meardon and I were not able to finalize a formal agreement. Thus, I would ask you to defer the resolution authorizing the acquisition agreement to the next formal meeting. cc: City Clerk City Manager Assistant City Manager Public Works Director Planning & Community Development Director Bill Meatdon, Attomay for Kroeze and Pleasant Valley Inv,~roeze2 RESOLUTION NO. 95-340 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1995 Code of Iowa; and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units; and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City; and WHEREAS, procedures are necessary to make this coordination effective; and WHEREAS, the Iowa City Library Board of Trustees and the City Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached joint agreement between the Iowa City Library Board of Trustees and the City Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. Passed and approved this 21st day of November ,1995. CITY-CLERK It was moved by ~,,bby and seconded by upon roll call there were: Approved by · Novlck the Resolutibn be adopted, and AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton EXHIBIT A JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING An agreement made and entered this 21 day of ~,d~,- , 1995, by and between the City Council of iowa City, Iowa, and the Board of Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1993 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective employee organization. 2. The Library Board will designate the City Manager of Iowa City or his designee as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract, the Library Director will be represented on any grievance committee formed as a condition of that contract. This agreement shall cover the period from date of adoption through the contract covering library employees which will begin July 1, 1996, Date ayo~r, City o~wa' ity, Iow~'~~ Dat~ ~ EXHIBIT A JOINT AGREEN]ENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF IOWA CITY TO COORDINATE GOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING An agreeh~ent made and entered this day of , 1995, by and bet~,een the City Council of iowa City, Iowa, and the Board of Trustees of the Io~ City Public Linty, Iowa City, Iowa. WHE~REJ~,~hl~hr~b.,ic Employment Relations Board has recognized that Library Boa employers of Lihra~,v employees within the meaning of Chapter 20 of the 1993 C of Iowa, and ~ , WHEREAS, this same ~,hapter 20 permits cooperation and coordination of, between two or more barga'min~nits, and / , WHEREAS, coordination ~vould be beneficial to both p,a, rties given//the Iowa City Council s financial responsibility an(~the Iowa City Library Board s administrative responsibilities for library service in Iowa City,~d WHEREAS, procedures are ne~ssary to make this effective. NOW, THEREFORE, BE t Both bodies will barg respective employee ) AS FOLLOWS: The Library Board will desi bargaining representative for the )n. The Library Director or her desi represent the Iowa City Public to library operations and/or lib The Iowa City Public Librar' of the City Council of negotiations. Subsequent to any n, grievance cornmitt. City 6. This ag covering libra ~ointed representatives of their er of Iowa City or his designee as the Public Library Board of Trustees. be a member of the negotiating team and shall of Trustees in issues of specific concern will be notified of all executive sessions ~r the purpose of discussing contract formed as a condition of ~irector will be represented on any contract. cover the period from date adoption through the contract which will begin July 1, )96. President, low Library Board of Trustees Date Mayor, City of Iowa City, Iowa Date