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HomeMy WebLinkAbout2005-03-22 Resolution Prepared by: Marian K. Karr, 410 E; Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-114 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/her 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 wi't,: One-Eyed Jake's - 18-20 S. Clinton Street Passed and approved this 22nd day of March ., 20 05 It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-115 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR A .56 ACRE PERMANENT SANITARY SEWER EASEMENT FROM JOHNSON COUNTY, ON PROPERTY LOCATED SOUTH AND EAST OF THE COUNTY HOME SOUTH OF MELROSE AVENUE, WHEREAS, municipal sanitary sewer has been constructed across property owned by Johnson County south and east of the County Home and Melrose Avenue, to extend service to the future National Guard building; and WHEREAS, the County has executed and delivered to the City a permanent sanitary sewer easement agreement, a copy of which is attached hereto and has been approved by the City's Public Works Department; and WHEREAS, it is in the public interest to acquire said easement for the municipal sanitary sewer facilities; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council find it is in the public interest to acquire a permanent sanitary sewer easement from Johnson County for the municipal sanitary sewer at the above-referenced location. 2. The Mayor is hereby authorized to sign and the City Clerk to attest, the attached sanitary sewer easement agreement, as approved by the City Attorney's Office and the City Public Works Department, 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the permanent sanitary sewer easement agreement, said recording cost to be paid by the City. Passed and approved this 22nd day of Marc, b--3 ,20 05 ~? AT T E ST: "~ ~4.z~,.,.~'ci..rY~LERK .,~'. -7~ ~~., "~/~'/~,,~ Resolution No. 05-115 Page 2 It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Mitchell T. Behr, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 PERMANENT SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between the Johnson County, Iowa, hereinafter "OWNER," and City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNER and CITY agree as follows: 1. OWNER hereby grants and conveys to CITY a permanent easement for the purpose of constructing, operating, maintaining, using and reconstructing a sanitary sewer (hereinaf- ter referred to as "public improvement") and such sanitary sewers as the CITY shall, from time to time, elect to use for the conveyance of sanitary sewerage, and all necessary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across the permanent easement area, as shown and described on Exhibits A and B attached hereto and by this reference made a part hereof (hereafter "Easement Area"). 2. OWNER further grants to CITY the following rights in connection with the above uses: a. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. b. The right, from time to time, to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY's exercise of its rights herein. c. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. CITY's right to do such work shall be effective only upon CITY's prior notice to OWNER, and with minimal disruption of area. In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs 3 and 4 below. 3. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNER against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, CITY shall have no responsi- bility for maintaining the Easement Area. 4. CITY acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and that following installation of the public improvement, all areas within the -2- Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition with the exception of the replacement of trees, shrubs, and brush. 5. OWNER and CITY acknowledge that OWNER reserves the right to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of its rights hereby granted; provided, that OWNER shall not erect or construct any building or other structures; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area. OWNER shall not permit any other utility to be put in longitudinally in the Easement Area, but another utility may be put in perpendicular to the Easement Area. OWNER may plant trees and shrubs on the Easement Area but in the event CITY must disturb or remove said trees and shrubs pursuant to its easement rights described above, CITY shall have no obligation to replace said trees and shrubs, or compensate OWNER for the same. OWNER may construct a fence over or upon the Easement Area, but only after submittal to CITY of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by OWNER, CITY shall have no obligation to repair or replace such fence, or compensate OWNER for the same, in the event that CITY must disturb or remove the fence pursuant to its easement rights described above. OWNER may allow placement of utilities but only upon CITY's approval, which approval shall not be unreasonably withheld, and only those utilities that cross the Easement Area in a perpendicular direction. CITY further agrees that nothing in this Easement Agreement shall in any way preclude OWNER from causing, allowing or permitting streets, roads or utilities to cross the Easement Area, but only upon CITY's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 6. OWNER and CITY agree that CITY shall allow OWNER to connect to the public improvement at a mutually agreeable location at no cost to OWNER and that no "tap-on fee" for such connection will be charged. Nonetheless, OWNER shall remain responsible for all costs of installation of OWNER'S service lines including connection pipes. 7. OWNER hereby covenants with CITY that OWNER is lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable title, and that it has good and lawful right to convey the Easement herein. 8. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at CITY expense. -3- Dated this 22nd day of March ,2005. CITY OF IOWA CITY, IOWA v Ern;9~t W. Lehman,'May(~r' By: rvl~rian K. Karr, City Clerk JOHNSON COUNTY IOWA ' ""~,~11~/St~ts~an - Chairperson - Board of Supe~isors A~est:~ ~.~ ~. ~dDesignee Approved by City',~ttSrney's ~'ffice JOHNSON COUNTY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On thisC~ I day of~ , 2005, before me, the undersigned, a Notary Public in ~ for ~sai,d Coui~Ll~ in ~i~ State, personally appeared Sally Stutsman and ~'lt ~_~,~ ~_ ko'~¢,~o~..o..~ , to~tc.,)personally known, who being be me duly sworn, did say that they are the Chairperson of the Johnson County Board of Supervisors and the Johnson County Auditor/Designee, respectively of the County of Johnson, State of Iowa, executing the foregoing instrument; that said instrument was executed on behalf of said County by authority of its Board of Supervisors; and that the said individuals acknowledged execution of said instrument to be the voluntary act and deed of said County and by them voluntarily executed. Notary Public in and for the State of Iowa -4- IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ~ day of /~AIz_cJ4 ,2005, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~',. SONDI~E FORT I' J~o~i~lCommission Number 159791J I"JJ"l My Commission Expires J I~1 ~- ?- ~ G I Notaw Public in and for the State of Iowa EXHIBIT A Prepared by Rob Winstead, 4810 Melrose Ave. West, Iowa City. IA 82;346, (319) ~46 NI/4 Comer, 13-79-7 ~' ~ NE CDr., NE1/4, NE1/4, 13-79-? Fnd. 518" Pin, 5" deep Fnd. IDOT Brass Plug, flush (Pa 42.__Page 256) S89'-06'-39"W - 2660.60' MELROSE AVENUE__ (PB 35, Page 232)/~ ~ V~ ..... ~ ~ sdg'-od'-39%~- '637.~' ..... / PCB . Johnson Coun~ (-- ~, J ~ ~ ~ ~NXX ~Book 14 Pane65~ '~ REDUCED OOPY x~ ~ x x m ~ ~ S29"~E - 391.11' portion of the NEI/4 of the NE1/4 of ~ion 13, Township 79 ~rth, R~ 7 W~t of the 5th Princi~, Meridian, ~oh~on CounW, Iowa, ~ bei~ ~ of ~e~e 589'~6'-39"W - 637.15 f~t do~ the ~h Line of said NEll4 of the NEll4 of Section 13 too ~int on the .t~ion of ~e c.t~li, of said 5=uth~ Lin. ~f 5tare of Zo~ ROW ~ ~d~ in Deed B~k 60Z, P~. ~, ~ ~e~. ~ ~ ~ ~ S33 -3g-2g~ - 281.88 I My lic~e fenwal ~te is Oec~b~ 3Z. ~O~ Existing ~ad Right -Of -W~ monuments set by ~a hnson P~ er sheets cov~ed ~ *his s~: { O ~ ~ New 5anlta~ 5ewer E~emen/ bearings are ~tated , Zohnson County PERMANENT 5ANZTARY 5EWER EASEMENT Secondary oads ~ Portion of the NE~/4 of the NE~/4, ~3-79-7 5 E 48]0 Melrose Ave. West Deed Hold,r: ~OHNSON COUN~ ) Iowa City, IA Phone (3~9) 35~-6o4~ NA~ONAL GUARD 5ANZTARY 5EWER PRO~ECT -5- EXHIBIT B Permanent Easement A 30-foot wide permanent sanitary sewer easement centered on the centerline of sanitary sewer constructed as part of Johnson County project named "National Guard Sanitary Sewer". Said permanent sanitary sewer easement is located in a portion of the NE ¼ of the NE ¼ of Section 13, Township 79 North, Range 7 West of the 5th Principal Meridian, Iowa City, Iowa, and being a part of the realty recorded in Deed Book 14, Page 65, Johnson County Recorder's Office and described as follows: Commencing at the Northeast Corner of said NE ¼ of the NE ¼ of Section 13; Thence S89°06'39"W 637.15 feet along the North Line of said NE ¼ of the NE ¼ of Section 13 to a point on the extension of the centerline of said National Guard sanitary sewer; Thence S00°52'10"W 89.62 feet along said extension of sanitary sewer centerline and along the centerline of said sanitary sewer to a point on the Southerly Line of State of Iowa ROW as recorded in Deed Book 602, Page 72, Johnson County Recorder's Office, said point being the Point of Beginning of the centerline of the 30-foot wide sanitary sewer easement; Thence S00°52'10"W 136.19 feet to sanitary sewer Manhole #20; Thence S29°48'47"E 391.11 feet to sanitary sewer Manhole #19; Thence S33°39'29"E 281.88 feet to sanitary sewer Manhole #18; Thence S16°47'18"E 6.82 feet to the Northerly Angle Point of the centerline of an existing 20-foot wide sanitary sewer easement as recorded in Deed Book 614, Page 339, Johnson County Recorder's Office; Said Permanent Sanitary Sewer Easement contains 0.56 acres and is subject to easements and restrictions of record. Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-116 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PARTS EIGHT AND NINE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Galway Hills Subdivision - Parts Eight and Nine, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Galway Hills Subdivision - Parts Eight and Nine, as constructed by Streb Construction Co., inc. of Iowa City, iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 22nd day of Hatch ,2005 MAYOR Approved by It was moved by Yanderhoef and seconded by O~Donnel 1 the Resolution adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/galway 8 & 9.doc ENGINEER'S REPORT March 10, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Galway Hills Subdivision - Parts Eight and Nine Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Galway Hills Subdivision - Parts Eight and Nine has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/engrpt-gaJway hills.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 05-117 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank NA. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 Iowa State Bank & 102 S.. Clinton St. Same 35,000,000.00 35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank 7130 Goodleft Farms Pkwy. 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Cordova, TN 38018 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 30,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. 50,000,000.00 50,000,000.00 Bank Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 U of I Credit Union 500 Iowa Avenue Same 25,000,000.00 30,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same 15,000,00Q00 15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Farmers & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 205 E College 15,000,000.00 25,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Avenue 1901 Broadway, Ste 2 0.00 10,000,000.00 Fort Dodge, IA 50501 Iowa City, IA 52240 Passed and approved this 22nd day of March ,2005 city Attorney's Office Resolution No. 05-117 Page 2 It was moved by Vanderhoef and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (ANN04-00001) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 62.03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY 1, WEST OF HIGHWAY 218, AND EAST OF KITTY LEE ROAD WHEREAS, the City of Iowa City has received a voluntary annexation application from property owners James R. Davis, Robert A. Davis, and Jan E. Smith, for approximately 62.03 acres of territory located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and WHEREAS, the property proposed for annexation is within the City of Iowa City's designated growth area; and WHEREAS, the Planning and Zoning Commission has recommended approval of the annexation of the James R. Davis, Robert A. Davis, and Jan E. Smith property; and WHEREAS, pursuant to Iowa Code, notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Council of Governments, the East Central Iowa Council of Governments, West Lucas Township, the Johnson County Auditor, the Johnson County Secondary Roads Department, the City of University Heights, the City of Hills, the Iowa Attorney General, the City of Coralville, and each public utility, and no comments were received; and WHEREAS, all other statutory notice requirements have also been satisfied; and WHEREAS, the City of Iowa City and Johnson County have entered into a 28-E Agreement regarding maintenance responsibilities for Kitty Lee Road, part of which is proposed to be annexed by the City of Iowa City; and WHEREAS, there is no population in the area proposed to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following territory, legally described as follows, is hereby annexed to the City of Iowa City: Commencing at the Center of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°55'12"E, along the North line of the Southwest Quarter of said Section 20, a distance of 1073.25 feet, to the Southeast corner of Lot 11 of R.H. Davis Subdivision, in accordance with the Plat thereof recorded in Book 7, at Page 1 of the records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence N01°01'58"E, along the Easterly lines of Lot 8, Lot 9, Lot 10 and Lot 11 of said R.H. Davis Subdivision, 396.57 feet, to the Northwest corner of Lot 15, of said R.H. Davis Subdivision; Thence S66°18'16"E, along the Southerly line of said Lot 12, a distance of 75.75 feet, to the Southeast corner thereof; Thence N23°47'56"E, along the Easterly line of said Lot 12, a distance of 199.77 feet, to the Southwest corner of Lot 18 of said RH. Davis Subdivision; Thence S66°14'16"E, along the Southerly line of said Lot 18, a distance of 224.57 feet, to the Southeast corner thereof; Thence N23°42'17"E, along the Easterly line of said Lot 18, a distance of 129.56 feet; Thence Northwesterly, 116.67 feet, along said Easterly line, and a 54.67 foot radius curve, concave Southwesterly, whose 95.75 foot chord bears N37°25'46"W; Thence Resolution No. Page 2 N08°52'23"W, 60.00 feet, to a point on the Northerly Right-of-Way line of Olde Oak Lane; Thence S81o07'37"W, along said Northerly Right-of-Way line, 291.64 feet, to the Southeast corner of Lot 6 of said R.H. Davis Subdivision; Thence N01°05'35"E, along the Easterly line of said R.H. Davis Subdivision, 450.59 feet, to the Southeast corner of Lot 2, of said R.H. Davis Subdivision; Thence S88°58'43"E, 143.89 feet, to its intersection with the Southwesterly Right-of-Way line of Highway No. 218; Thence S31°25'02"E, along said Southwesterly Right-of-Way line, 1304.33 feet; Thence S05°01'05"E, along said Southwesterly Right-of-Way line, 260.12 feet; Thence S18°17'39"E, along said Southwesterly Right-of-Way line, 497.24 feet; Thence S43°13'16"E, 412.03 feet, to a point on the Southerly Right-of-Way line of Highway No. 1; Thence S68°04'00"W, along said Southerly Right-of- Way line, 305.90 feet; Thence N00°13'40"E, along said Southerly Right-of-Way line, and the East line of the East One-Half of the Southwest Quarter of said Section 20, a distance of 28.82 feet; Thence, S45°32'10"W, along said Southerly Right-of-Way line, 562.18 feet; Thence S46°35'08"W, along said Southerly Right-of-Way line, 291.59 feet; Thence Southwesterly, along said Southerly Right-of-Way line, 186.78 feet, and a 2946.33 foot radius curve, concave Northwesterly, whose 186.75 foot chord bears S50°19'30"W; Thence S65°52'13"W, along said Southerly Right-of-Way line, 66.19 feet; Thence S36°35'50"E, along said Southerly Right-of-Way line, 50.00 feet; Thence Southwesterly, along said Southerly Right-of-Way line, 447.27 feet, and a 2974.79 foot radius curve, concave Northwesterly, whose 446.85 foot chord bears S57°42'36"W; Thence S70°23'34"W, along said Southerly Right-of-Way line, 231.71 feet, to its intersection with the Southerly extension of the Westerly Right-of-Way line of Kitty Lee Road; Thence N00°10'27"E, along said Southerly extension, 250.49 feet, to its intersection with the Northerly Right-of-Way line of Highway No. 1; Thence N55°44'19"E, along said Northerly Right-of-Way line, 63.32 feet, to a point on the West line of the said East One-Half of the Southwest Quarter of Section 20; Thence N00°16'15"E, along said West line, 1602.95 feet; Thence N89°43'05"E, 250.13 feet; Thence N00°39'57"E, 321.57 feet, to said POINT OF BEGINNING. Said Parcel of land to be Annexed contains 62.03 acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under Section 368.7 (2005) at the applicants' expense. 3. The City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. Passed and approved this day of ,20~ MAYOR ATTEST: ../~.~ . ~ CITY CLERK ~ Ci~.~~ ppdadm/res/AN N04-00001 .doc Page 1 of 1 John Yapp From: mms [mms@mmsconsultants.net] Sent: Wednesday, March 16, 2005 2:32 PM To: 'John Yapp' Subject: MWD Davis Addition On behalf of my client, Jim Davis, I would like to request that the City Council of Iowa City defer voting on the annexation of the MWD Davis Addition until their first meeting in April. Thank you. Scott Pottorff MMS Consultants Inc. 3/16/2005 City of Iowa C, y M MORANDUM Date: March 11, 2005, for the March 17, 2005 meeting To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: ANN04-00001/REZ04-00030: MWD Davis properly annexation and rezoning Since December, the Planning and Zoning Commission has held a series of public meetings on the application to annex and rezoning the MWD Davis Addition property. At your February 17 meeting, the Commission recommended approval.of the annexation and rezoning of this properly subject to a Conditional Zoning Agreement addressing infrastructure improvements and funding, access control, landscaping and fencing, and sanitary sewer provision. Subsequent to this meeting, representativeS of the applicant approached staff with a request to modify some of the conditions recommended for the Conditional Zoning Agreement. In some cases, the applicant's representatives are objecting to certain conditions being included. At your February 3 meeting, the applicant's attorney requested that the Commission reconsider these conditions. Staff wishes to reiterate the rationale for some of the proposed conditions. Annexation is discretionary, and the Comprehensive Plan requires us to consider economic impacts caused by the proposed incorporation of the subject property. It is a policy in the Comprehensive Plan that annexation should be viewed positively when "Development in the area proposed for annexation will fulfill an identified need without imposing an undue financial burden on the City." Many of the conditions staff has recommended are to avoid costs related to annexing this property being shifted from the property owner to the City. Staff proposed modifications to the conditions, and commentary are summarized below. A letter from the applicant's attorney is attached. 1. Naples Avenue / Highway I intersection: Funding responsibilities for construction of turn lanes and traffic signal improvements as recommended in the traffic impact study, including the developer/subdivider funding 100% of the cost of the north leg of Naples Avenue, and 90% of the cost of turning lane improvements, improvements to the south leg of Naples Avenue, and traffic signal improvements at the Naples Avenue / Highway 1 intersection, as recommended in the February 2005 Menards Traffic Study. The City will reimburse 10% of the cost of these improvements upon installation and acceptance by the City. Said improvements are to be installed prior to the issuance of an occupancy permit for any lot in the development. Note: The 90% / 10% cost sharing of certain intersection improvements is based on the percentage of turning movements during the AM peak at this intersection upon build-out of the proposed development. Without this Davis property being developed, no traffic signal would be warranted at this location. 2. Naples Avenue design and access: Naples Avenue north of Highway 1 will be constructed to collector street standards, with shared access points for Lots 13&14, cnd !!&12, as numbered on the MWD Davis Addition concept plan submitted on February 17. The access drives to Lot 2, the Cl-l-zoned lot, shall be opposite this these shared access point, and a second access point may be located at the northern edqe of the Intensive Commercial zoned area, to create predictable and consistent access points. Note: These changes were requested due to changes to the concept plan for MWD David Addition. Staff recommends approval of this modification. 3. Kitty Lee Road improvements: Prior to access being permitted to Kitty Lee Road, Kitty Lee Road shall be reconstructed to City collector street standards from Highway 1 to the northern-most commercial driveway. The City will pay the costs for oversizinq the street from a local to a collector street. ~nd~" ,v,.~"~* *.~.,, .... ,~,,~ .... ~,,~,,~'"" ~'wv ..... ~,.~., ~v.~* .... *"'~ on Highway ~. ~,v, .....~.~*~' ~ .... ., .~'~ ,...m..., ~.,.~ *.~,, .,..~ .... ,,~,., .'~- ~.'-"+'-,.~ Kitt:,' ~ "" .~"~'~.~. To determine if a Highway 1 right-turn .and left-turn lanes is-are needed on Highway 1 and to determine the appropriate desi,qn of the turn lanes for .;:~st bound traff!c tum!.",.~ north onto K!tt¥ kee-Rea~, a traffic study (approved by the City) predicting turning movements related to the proposed land use of Lot 1 must be completed. Any improvements recommended by the traffic study must be completed prior to an occupancy permit being issued for any property using Kitty Lee Road for access. Note: This clarification was requested to tie future improvements at the Kitty Lee Road / Highway I intersection to the use of the property. 4. Kitty Lee Road funding: The developer/subdivider paying funds equal to ½ the cost of reconstructing Kitty Lee Road to City local street standards from the northern-most commercial driveway/entrance intersection to the south property line of Lot 1 of RH Davis subdivision Part I1. Note: the applicant's representatives are objecting to this condition. Staff has recommended this condition based on the fact that land being developed to urban densities is typically required to construct infrastructure to city standards. Because Kitty Lee Road will not be used for direct access to this property, staff is recommending the developer/subdivider be required to pay 50% of the reconstruction cost. This will avoid this cost being absorbed by the public, or by the property owner on the west side Kitty Lee Road, in the future. 5. Landscaping: The perimeter landscaping generally depicted on the preliminary landscaping plan dated 1-27-05 be planted prior to the issuance of an occupancy permit for any lot in the development. Note: No changes are proposed to this section. 6. Fencing: The design of any fencing along the west and north boundaries of the commercial lots identified .as Lots 1 and 2 on the MWD Davis concept plan being approved by the City as part of site plan approval. Note: Staff has learned the fence being proposed is the same design as the fence around the existing Menards. For a structure that has the potential to be located along 900 feet (the equivalent of approximately $ city blocks) of Kitty Lee Road, staff recommends this fence have some more articulation or visual interest. Iowa Code allows cities to impose reasonable conditions on granting of rezoning requests, over and above existing regulations, in order to satisfy pubic needs directly caused by the change. In this case the applicant is requesting C1-1 zoning adjacent to an area that the Southwest District Plan indicates may be developed for residential purposes in the future. Given the location of the proposed C1-1 zoning adjacent to a street that currently provides access to a residential area and across the street from an area that may develop for residential uses in the future, staff believes that requirements for a buffer and design considerations for the fence are reasonable. 7. Access control: No direct driveway access to Highway 1 is permitted. Note: No changes are proposed to this section. 8. Sanitary sewer provision: Requirements for the sanitary sewer lift station to be sized to serve the proposed development with potential to be upgraded to serve the entire watershed. Note: No changes are proposed to this section. 9. Highway 1 sidewalk: In lieu of a sidewalk being constructed along the Highway 1 frontage, the developer/subdivider paying for the paving cost of a four-foot sidewalk. The City will use this money for a public sidewalk in the future as part of future Highway 1 pedestrian improvements. Note: The applicant's representatives are objecting to this condition. City code requires sidewalks be constructed within public right-of, way frontage. In the past the City has sometimes waived this requirement for properties fronting on Highways. Through the District Planning process, residents have requested sidewalks or trails along Highway I in existing parts of the City. Installation of these walks will now need to be built at the public's expense. Given the public demand for sidewalks staff questions waiving the requirement for future developments. Because there currently is not a sidewalk network in this area staff recommends that applicant pay for the paving cost but not be required to install the sidewalk at this time. This alternative will be less expensive for the applicant than installing the sidewalk. 10. Kitty Lee Road / Highway 1 streetlight: At the February 17 meeting, the Commission added a condition regarding a streetlight at the Kitty Lee Road / Highway 1 intersection. Staff has learned that, once this property is annexed to Iowa City, the City will work with Midamerican Energy to have a streetlight added to this intersection. It does not need to be a condition of the rezoning, as the streetlight will be installed by Midamerican Energy, not by the developer. At your March 17 meeting, the Commission has the options of 1) make no changes to the recommendations already made on this project; 2) Recommend approval of the annexation and rezoning subject to an agreement as presented on this memorandum; or 3) Recommend approval of the rezoning with changes to these conditions as requested by the applicant's representatives, or as otherwise determined by the Commission. STAFF RECOMMENDATION: Staff recommends REZ04-00030 a request to rezone approximately 50.03 acres of property from County A1 to CC-2, Community Commercial (approximately 16.05 acres), C1-1, Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-1, Rural Residential (approximately 2.83 acres), be approved subject to an Annexation and Conditional Zoning Agreement with conditions as outlined in this memorandum. Approved by: ~ Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Location map 2. Zoning exhibit 3. Concept plan · r LEGEND AND NOTES · REZONING EXHIBIT IOWA CITY IOWA (cc-~ (cc-2 250 o0~O ~ ~ ~ 4 /.'/ /' I OO~bO~''" .... .~ ~ ~"'"__..__ CONCEPT PLAN MWD DAVIS ADDITION IOWA CITY. IOWA 7 PHELAN TUCKER MULLEN COPY WALKER TUCKER GELMAN LLP 321 East Market A T T 0 R N E Y S A T L A W L_~! ~.~" Post Office Box 2150 Iowa "'~'~,~ty, Iowa 52244-2150 -: Phone: (319} 354-1104 March 11, 2005 Fax: (319) 3546962 E-mail addresses: .attorney's last name @ptmlaw.com Mr. John Yapp www. ptmlaw, com Associate Planner City of Iowa City William V. Phelan 410 E. Washington Street Iowa City IA 52240 Bruce L. Walker Re: MWD Davis Annexation and Rezoning Richard M. Tucker Dear John, lhomas H. Gelman This is a follow up to our recent meeting and discussions pertaining to the Gary J. Schmit Conditional Zoning Agreement for the MWD Davis property relating particularly to its rezoning as it is annexed into the City. Margaret R Winegarden The 9 enumerated staff recommendations previously forwarded by the Planning John E. Beasley and Zoning Commission with its recommendation to the Council have been under review and scrutiny by both the owners and a prospective purchaser of the Dean D. Carrington large CI-1 tract. Those recommendations numbered 7 and 8 are acceptable to the Susan J. Frye owners. Those recommendations numbered 2, 3 and 5 (with slight modifications as discussed with you and Karin Franklin) are acceptable. Recommendations 1, 4, 6 and 9 are not acceptable. The owners request modification or removal of those conditions as set forth below: Pope S. Yamada 1. Naples Avenue/Highway 1 Intersection Daniel W. ~oCe The owners propose they be 100% responsible for all Naples Avenue/Highway 1 improvements north of the Highway intersection. The owners further propose that they be 100% responsible for the right turn/deceleration and left turn lanes heading north onto Naples Avenue. The owners further are willing to pay 50% of William M. Tuckerthe cost for the traffic light at the Naples/Highway 1 intersection, with the City [1922-20031 picking up the remaining 50%. Finally, the owners do not wish to pay any of the Charles A. Mullenexpenses for any improvements relating to Naples Avenue south of the Highway [1937-2001] 1 pavement or any turning lanes turning south. The owners believe this is a fair March 11, 2005 Page 2 ~: "~i! allocation of expenses and consistent with other precedents fgr ~receri~C developments on ~ghway 1. ~tty Lee Road funding .~ ~e owners believe that imposing a requirement for payment of funds ~fi~l half the cost of reconstructing ~tty ~e Road is illegal and constitutes ~erely a tax, with there being no basis under Iowa Code Chapter 414.5 or othe~ise to impose this requirement in connection with the annexation and rezoning. Specifically, 414.5 of the Iowa Code indicates that any conditions in the Provisional Zoning Agreement "must be reasonable and imposed to satisfy public needs which ~e directly caused by the requested change". Since the real estate (other than that refe~ed to at requirement 3) will have no access onto the road, there is no direct relationship that c~ be reasonably established between the ~tty Lee Road improvement and the rezoning. If, as an alternative, the City wishes to put into the Conditional Zoning Agreement that there will be no access onto ~tty Lee Road from the annexed and rezoning property (excepting as anticipated in reco~endation 3), that would be acceptable to the owners and will be consistent with legal authority and precedent. 6. Fencing The fencing requirement is inappropriate. First, it is not a zoning or annexation issue, but rather a development or site plan issue. As such, imposing the fencing requirement as part of the Conditional Zoning Agreement seems quite inappropriate. Additionally, the landscaping requirement (item 5), which is acceptable to the owners (even though not a zoning matter), was for the principal purpose of providing landscape screening for the likely fence in question. As such, the requirement for approval of the fence design is redundant and inappropriate, and is intended as merely a very short term solution for which the landscaping plan intends to be the permanent solution. Because the development of property lying westerly of the annexed property is not likely in the immediate future, there will likely be an opportunity for the landscaping to grow and provide the screening that is intended - perhaps in advance of any development to the west. Finally, it is not reasonable to propose a requirement for administrative approval where no standards or criteria exist. 9. Highway 1 sidewalk This requirement is also illegal and constitutes merely a tax. There is no current need for a sidewalk on Highway 1 and neither the annexation nor rezoning establishes a direct cause for such an improvement. There is no planned sidewalk. Rather, the City is merely requesting funds to possibly install a sidewalk. Whether or not there should be a sidewalk along the frontage is not an annexation or rezoning issue; it is a development related issue that also relates to the development of all surrounding properties. At the present time there are no sidewalks at any location on Highway 1 from its intersection with Riverside Drive, nor have there been any recently required in connection with any developments on Highway 1. Furthermore, this development is on the west side March 11, 2005 Page 3 of the Highway 218 bridge which makes a sidewalk connection even less likely to occur at .any time in the near future. As such, this requirement should be removed. If installation of a sidewalk is justified in the future and provides benefit to the property, an assessment can then be made by the City. If the City staff agrees with the owner's position as set forth in this letter, we would ask that a revised written recommendation be made to the Planning and Zoning Commission. If the City staff does not so agree, we would ask for a revised written recommendation on what has been agreed to and we will present the areas of disagreement directly to the Planning and Zoning Commission. Your cooperation on these matters is much appreciated. Very truly yours, THG:kc i~ cc: Jim Davis Dave Larsen MMS Consultants, Inc. Tom O'Neil, Menards, Sarah Holecek Mayor Emie Le~ Date: February 16, 2005 To: Iowa City Planning and Zoning Commission From: J effDavidson, D irectorofTrafficEngineering Planning Re: ANN04-00001/REZ04-00030: MWD Davis Property Annexation and Rezoning John Yapp has indicated that two questions were raised at the February 14 Planning and Zoning Commission work session regarding the MWD Davis property annexation and rezoning. 1. Why can't the traffic signal at the intersection of Naples Avenue and lowa Highway 1 be made operational at the time of the Menards building permit rather than at the time of the occupancy permit? The traffic study that has been prepared for the MWD Davis commercial subdivision has looked at the warrants for installing a traffic signal at the Naples Avenue/Iowa Highway 1 intersection. The traffic study has determined that a traffic signal will be warranted at approximately one-third build-out of the commercial subdivision. Because the Menards project represents approximately one-third build-out of the commercial subdivision, we have recommended that the occupancy permit not be issued until the traffic signal is installed and operational. The reason for this recommendation is that the occupancy permit will be issued at the time the Menards project is ready to open and begin generating the traffic which justifies the traffic signal. Traffic signals should be installed if they are warranted according to the Manual on Uniform Traffic Control Devices. For this particular project, the traffic signal will not be allowed to be installed until it is warranted because as State Highway 1 the intersection is under the jurisdiction of the Iowa Department of Transportation. Installation of a traffic signal before it is warranted will increase delay and stops for vehicles on the main road, which translates into higher fuel consumption, an increase in certain types of crashes, increased travel times, and higher pollution from vehicle emissions. Rear-end collisions are likely to increase on Iowa Highway 1 if a traffic signal is installed prior to when it is warranted. I believe the Iowa Department of Transportation will condition the access permit for the new Naples Avenue access point into MWD Davis subdivision on the traffic signal being installed and operational when it is warranted. 2. Can the speed limit be reduced on Iowa Highway I between the U.S. 218 intersection and Kitty Lee Road? Again, this is a matter of timing. Motorists generally select their vehicle speed based on their level of comfort given the roadway environment, not according to the posted speed limit. This is why the 85th percentile speed (i.e., the speed at or below which 85 percent of vehicles travel) is one of the most important factors in determining the appropriate posted speed limit. Research has shown that roadways with posted speed limits at or near the 85th percentile speed will experience fewer crashes than roadways with speed limits above or below this level. The 85th percentile speed has been shown statistically to be the speed of ,'a safe and reasonable" motorist. MWD Davis Property Annexation/Rezoning February 16, 2005 Page 2 A speed limit that is posted too Iow will generally not increase the safety of a roadway and will typically be ignored. An unreasonably 10w speed limit will produce greater variation in vehicle speeds and this will increase the collision rate. An unreasonably Iow speed limit also results in overall lack of respect for correctly posted speed regulations. The Iowa Department of Transportation will not allow a reduction in the Iowa Highway 1 posted speed limit until a speed study has been undertaken which evaluates the 85th percentile speed. it is expected that the traffic signal at the Naples Avenue intersection will reduce vehicle speeds on Iowa Highway 1. After it is installed we will undertake a speed study, and it is likely that this will result in a reduction in the posted speed limit at that time. Feel free to communicate through John Yapp if I can provide any additional information for you in your consideration of this matter. cc: Bob Miklo John Yapp jccogadm/mer~/da vis prop.doc City of Iowa City MEMORANDUM Date: February 11,2005 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: ANN04-00001/REZ04-00030: MWD Davis property annexation and rezoning A number of issues were raised at the January 20 Commission meeting regarding the impact of the proposed development on adjacent propedies and on transportation infrastructure. The applicant's engineer has provided information related to traffic, landscaping, noise, lights and fencing (attached). Staff comments are summarized below. Transportation Infrastructure Traffic Engineering staff have reviewed the traffic impact study for the MWD Davis Addition including a proposed Menards business on the largest lot of the development. The traffic study predicts traffic levels based on assumptions about the character of anticipated development on this property. The Johnson County Council of Governments (JCCOG) Traffic Engineering Planner has provided a memorandum summarizing the results of the study, and the improvements necessary to support traffic generated by commercial development on this property. The Iowa Department of Transportation will also need to review and approve the traffic study, including the proposed improvements, prior to their issuance of an access permit into the property. Staff recommends the infrastructure, including the turning lane and signalization improvements recommended in the traffic impact study, be required prior to an occupancy permit being issued for any lot on this property. If a Iow traffic volume business is the first to develop and not the largest lot as is anticipated, the signal may not be activated by the City until warranted. Tying the installation of the traffic signal and turning lanes to the occupancy permit, however, is the City's assurance that it will be installed in a timely manner. Based on the percentage of traffic turning into the proposed development on the north side of Highway 1 vs. the percentage of traffic turning to the south at the Naples Avenue/Highway 1 intersection, staff recommends the developer/subdivider pay 90% of the cost of the Highway 1 turn lanes at Naples Avenue and Kitty Lee Road, modifications to the south leg of Naples Avenue, and the traffic signal. It is the request for annexation and zoning for commercial development that is creating the need for additional infrastructure to serve this property. The City will pay the remaining 10% once the improvements are constructed. The developer/subdivider is responsible for 100% of the cost of the north leg of Naples Avenue, the new road into the property. A full copy of the Traffic Impact Study is available upon request. Landscaping The applicant's engineer has prepared a landscaping plan that proposed a double-row of white pine trees along the east side of the residential property lines, and variety of deciduous trees and shrubs along the west and north property line of Lot 2, the 17+ acre lot in the applicant's concept plan. The landscaping along the west and north sides of Lot 2 is depicted as three rows of plantings, with the lowest growing shrubs closest to the public right-of-way, then a row of arbor-vitae in the middle, then a row of trees closest to the property. Once mature, these plantings should do a good job of screening this commercial property. A variety of flood-tolerant species are proposed in the outlot set aside for stormwater management and buffer area. The final landscaping that will be depicted on a site development plan must be generally consistent with the preliminary landscaping plan. The applicant's engineer notes that the landscape buffer is intended to be installed along with other improvements on the property. Staff recommends the perimeter landscaping depicted in the landscaping plan be planted prior to the issuance of an occupancy permit for any property north or west of Naples Avenue extended. On-site landscaping will be planted as each lot is developed. Noise According to City Code, noise related to loading and unloading is restricted before 6:00 a.m. and after 10 p.m. Construction related noise is restricted before 7:00 a.m. and after 10 p.m. Amplified sound is not permitted to be 'plainly audible' across residential property boundaries without first obtaining a sound permit. According to City Clerk staff, sound permits have been granted for temporary events such as block parties and football games, but have not been granted for permanent commercial businesses. If a business is using an amplification system that is 'plainly audible' across residential property lines, it will become an enforcement issue for the City. Please note that some types of amplified sound are exempt including mobile radios and communications, truck warning horns, agricultural activities, and emergency services- related amplification. Lights Several years ago the City established lighting standards for commercial development. A photometrics (lighting) plan is required to be submitted with a site plan, and all parking lot lights must be downcast and screened so they do not shine onto adjacent residential properties. Lights may only emit downward; they are not permitted to emit light upwards into the sky. Lights within 300 feet of a residential property may be mounted no more than 25 feet in height; lights more than 300 feet from a residential property may be mounted no more than 35 feet in height. There can be no more than 1.0 foot-candles of light at any property line adjacent to or across the street from a residential property line (a foot-candle is a unit of measurement equal to the amount of light emitted by 1 candle in a one-square-foot area). Fence According to the applicant's engineer, there is no proposal to add or remove any fencing at the rear of existing residential properties. A wood panel privacy fence is proposed around the lot intended for the Menards business, to go all the way around the outdoor storage yard of the business. While the fence is proposed to be screened by the perimeter landscaping, there will be a number of years before the landscaping has matured to screen the fence structure. Staff recommended that the final design of the fence be submitted with the site plan for the property, and that it be approved by the City. It should provide a visual and noise buffer, and it should be constructed of durable, attractive materials. STAFF RECOMMENDATION: The following recommendation is a summary of the recommendations from the December 16, 2004 staff report, as well as recommendations based on the new information staff has received since then. Please note some of the acreage's have changed slightly since the initial application due changes in land area made by the applicant: Staff recommends ANN04-00001, an annexation of approximately 62.03 acres of property located east of Kitty Lee Road, west of Highway 218 and north of Highway 1, including Highway 1 right-of-way, be approved. Staff recommends REZ04-00030 a request to rezone approximately 50.03 acres of property from County A1 to CC-2, Community Commercial (18.18), C1-1, Intensive Commercial (18.10), CO-1, Office Commercial (10.92 acres) and RR-1, Rural Residential (2.83 acres), be approved subject to a Conditional Zoning Agreement addressing: 1. Funding responsibilities for construction of turn lanes and traffic signal improvements as recommended in the traffic impact study, including the developer/subdivider funding 100% of the cost of the north leg of Naples Avenue extended north into the Davis property, and 90% of the cost of turn lane improvements at Naples Avenue and Kitty Lee Road, modifications to the south leg of Naples Avenue at Highway 1, and traffic signal improvements. The City will reimburse 10% of the cost of these improvements upon installation and acceptance by the City. Said improvements are to be installed prior to the issuance of an occupancy permit for any lot in the development. 2. The developer/subdivider reconstructing Kitty Lee Road to City collector street standards from Highway 1 to the northern-most commercial driveway/entrance intersection. 3. The developer/subdivider paying funds equal to ½ the cost of reconstructing Kitty Lee Road to City local street standards from the northern-most commercial driveway/entrance intersection to the south property line of Lot 1 of RH Davis subdivision Part II. 4. The perimeter landscaping generally depicted on the preliminary landscaping plan dated 1- 27-05 be planted prior to the issuance of an occupancy permit for any lot in the development. 5. The design of any fencing along the west and north boundaries of the commercial lots identified as Lots 1 and 2 on the MWD Davis concept plan being approved by the City as part of site plan approval. 6. Access control i.e. no direct driveway access to Highway 1 from any lot. 7. Requirements for the sanitary sewer lift station to be sized to serve the proposed development with potential to be upgraded to serve the entire watershed. Approved by: ~ Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. MWD Davis rezoning exhibit 2. February 10, 2005 letter from MMS Consultants 3. February 9, 2005 memo from the JCCOG Traffic Engineering Planner 4. MWD Davis Addition concept plan 5. Graphics depicting recommended improvements from MWD Davis Addition traffic impact study 6. MWD Davis Addition landscaping plan LEGEND AND NOTES REZONING EXHIBIT ~. ~_~___~_~.~_ IOWA CITY IOWA ....... -- · o.~azi~a~ ~ --: ~ REZONING E~IBIT ~ MMS Com~T~, INC. '~,2~,~~*O~ ~T ~-~ DA~S ~DITION ~ ~'~  Robert D. Mickelson L,S. (Retired) MMS CONSULTA.NTS INC La~yR. Schnittjer L.A~ ~ · Christopher M. Stephan P.E. 1917 S. GILBERT STREET · IOWA CITY IOWA 52240-4363 ¢~en D. M¢isner L.S & P.E. Ronald L. Amelon P.E. OFFICE: 319-351-8282 · FAX: 319-351-8476 JamesE. Lichty L.S. ~aI~,AqFAb~A~AqC'f3NIRIIITANT~.NIET~ Duane A. Musser L.A. (E-MAIL: Randy L. Willia~r~s M.C.P. Paul V. Anderson P.E. Edward H. Brinton P.E. Kelly J. Beckler P.E. Lucas C. Newton L.A. Mark A. Stein L,S. Cary J. Solberg P.E. February 10, 2005 John Yapp City of Iowa City Planning Department 410 East Washington Street Iowa City, IA 52240 Dear Mr. Yapp.: In response to your memorandum dated January 13, 2005, I would like to offer the following information: Landscaping: We are proposing to extend the 35 foot wide landscape buffer easement to the south property line of the southern most existing lot such that the buffer would be behind all of the existing lots. The owner has tried to make contact with the owners of the southern most two lots to try and discuss with them what they are expecting and what they would like to see, but has not yet been able to contact them. He will continue to try and meet with them so that we can address their concerns before the meeting Thursday. The owner plans on planting the landscape buffer trees prior to or in conjunction with the other improvements of the subdivision. Noise: We contacted a representative from Menards and they said that they do use a loudspeaker system for the store and the yard. I believe it plays music most of the time and they do make some announcements as well. They also have a two way radio system in the yard for communication. Menards is typically open from 7 AM to 10 PM and they only take deliveries during store hours. No trucks will be arriving outside of those hours. I believe that the fence that is proposed around the yard as well as the difference in elevation will help keep the noise from the store from affecting the adjacent properties, especially the existing houses. Menards will abide by all city noise ordinances. Lights: Menards will abide by the City's lighting requirements, which should prevent light from being cast outside of the property line. They only use the lights during the hours that they are open, so they will be turned off by 10 PM or whenever they close. Fence: The owner is not proposing to remove or add any fencing at the property line behind the existing houses. He is just planning on leaving whatever fence is there now. Menards will have a fence around the yard and I believe it will be like a wood panel privacy fence. It will be a fairly tall fence and will go all around the yard area of the store, similar to the existing store. John Yapp February 10, 2005 Page 2 of 2 Traffic: The owner is planning on following the recommendations of the traffic study and installing the recommended turn lanes and traffic signals. I don't believe that the copy of the traffic study that I received called for any improvements to the Kitty Lee Road intersection with Highway 1, but I had heard that the study may have been revised to include some improvements at that intersection. We are studying some possible designs that would encourage cars to turn toward the south as they exit Gwendolyn Drive onto Kitty Lee Road instead of turning to the north. At this time we do not have any good ideas as to how to do this. We will continue to try and come up with something to address this issue. Vacation of Olde Oak Lane: We are planning to vacate the old right of way and lots in conjunction with this subdivision. We will continue with this as the subdivision process continues. I hope this addresses some of the concerns that the residents of the area had. We want to continue to work with the neighbors as this process continues as the owner is also a neighbor to this project and the other residents. Let me know if you have any questions or if you need any additional information. Sincerely, Scott B. Pottorff, P.E. MMS Consultants, Inc. T:\7100\7 !62001\7162001Ll.doc CCOG ITl e rn o Date: February 9, 2005 To: John Yapp, Associate Planner From: Anissa Williams, JCCOG Traffic Engineering Planner ~ Re: Traffic Impact Study review for MWD Davis Addition As you requested, I have completed a review of the Stanley Consultants Traffic Impact Study for the MWD Davis Addition including Menards. The City of Iowa City Planning and Zoning Commission requested the traffic study be reviewed prior to their consideration of the rezoning of this parcel. The traffic study is also required by the Iowa DOT for their consideration of an access permit. I worked with the consultant as the study was being conducted. The final report is thorough and compiled in an organized format. The conclusions of the study are as follows: · A traffic signal at the Naples Avenue intersection will be warranted at `1/3 build-out of the proposed subdivision. · Geometric improvements to the Naples Avenue/Highway `1 intersection will be necessary for adequate roadway capacity. These include a Highway `1 southbound right turn lane, a Highway '1 northbound left turn lane, and a dual left turn lane and through right turn lane on Naples Avenue exiting the development. The added lanes on Naples Avenue on the west side of Highway `1 will require geometric changes on the existing leg of Naples Avenue on the east side of Highway `1, which should be a left turn lane - through/right lane configuration with a median. · The existing stop sign control will be adequate at Kitty Lee Road. · Geometric improvements at the Kitty Lee Road/Highway `1 intersection will be required, including a northbound Highway `1 left turn lane. The proposed turn lane lengths are as follows: · Southbound Highway `1 at Naples, '12' wide Right Turn Lane; 300' bay length, `15:`1 taper · Northbound Highway `1 at Naples, `12' wide Left Turn Lane; `170' bay length, `15:`1 taper · Eastbound Naples Avenue (exiting the development), `12' wide Left Turn Lanes; 250' bay length, 8:'1 taper · Northbound Highway `1 at Kitty Lee Road, `12' wide Left Turn Lane; `150' bay length, '15:`1 taper With these improvements, I believe Highway '1 will operate safely at adequate Level of Service with reasonable delay. If you have any questions, feel free to let me know. Jccogtp/memos/menardsreview.doc FIGURE A-2 CONCEPTPLAN AV'i~ ADDITION MWD ~oDw^ C~W'~, ~OWA - 1 FEB-08-2005 TUE 10:50 ~M STANLEY CONSULTANTS INC. FAX NO, 15632646658 P. 03 KITTY ROAD ~XON MENLO INC. MFN~Dg TR~FIC s~[ NTS MEN.DS- TR~FtC IMPROVEMENIS AT ~ R~ KITTY LEE ROAD FIGURE A-F~ 0 IOWA CITY, mA NAPLES AVENUE % , ' HIGHWAY 1 I t: Stanley Consultants ,~. REVISIONS DWN APVDAPVD , DATE DES~CNED MENARD INC. SCALE NTS DRAWN 5 YEAR TRAFFIC MENARDS- TRAFFIC NO. REV. CHECKED IMPROVEMENTS AT APPROVED IMPACT STUDY NAPLES AVENUE FIGURE A-8 0 DATE APPROVED IOWA CITY, IA PRELIMINARY LANDSCAPE PLAN CONCEPT LANDSCAPE PLAN DAVIS DDITION I 8 6 IOWA CITY, IOWA 1.26 AC I 18 1.81 AC ~' ~' " ....... ,' ............ 1.38 AC 3 ,, 1.25 Ac 1.10 AC ' 12 1.32 AC DECIDUOUS TREES TECHNI 13 ^RBORV, T^E / 1.45 AC 2 ' SHR,~,s ~7.s; Ac "/14 , 1.02 AC DECIDUOUS TREES SHALL CONSIST OF AT LEAST FOUR DIFFERENT OF THE FOLLOW'NO SPECIES; EVERGREEN SUGAR MAPLE ACER SACCHARUM AND '¢ SILVER MAPLE ACER SACCHARINUM RIVER BIRCH BETULA NIGRA DECIDUOUS ~ TREES '/ ~ SHAO BARK HICKORYCARYA OVAIA COMMON HACKBERRY CELTIS OCCIBENTALIS GREEN ASH FRAXINUS PENSYLVANICA BLACK WALNUT JUOLANS NIBRA ..,.- SWAMP ',*ITE 0,.~< QUEROUS BICOLOR WEEPING WILLOW SALIX 8ABYLONICA BLACK WILLOW SALIX NIORA ,',"BOR'"TAE O. 85 AC DECIDUOUS SHRUBS SBALL CONSIST OF AT LEAST FOUR t~ t~ DIFFERENT OF THE FOLLOWING SPECIES: DECIDUOUS ~ GREY DOGWOOD CORNUS RACEMOSA RED OSIER DOGWOOD CORNUS STOLONIFERA AMERICAN BAZLENUT 60RYLUS AMERICANA TARTARIAN HONEYSUCKLELONICERA TATARICA SMOOTH SUMAC RHUS OLABRA ' - COMMON ELDERBERRY SAMBUCUS CANADENSIS EVERGREEN TREES SHALL ALL BE WHITE PINE (PINUS STROBUS) ,l ,lL l lil ~1 ~ CONCEPT LANDSCAPE PLAN MMS CON.mJI.,T.a. NTS, INC. o iii I~1 ~l~l~l~l~l'0~ ' MWD DAVIS ADDITION STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: ANN04-00001/REZ04-00030 Date: December 16, 2004 Davis property annexation GENERAL INFORMATION: Applicant: James Davis 4097 Kitty Lee Road Iowa City, IA 52240 Requested Action: Comprehensive plan amendment, annexation and rezoning Purpose: To allow for land to be annexed into Iowa City, receive municipal services and develop at urban densities. To allow for a rezoning to CC-2 (18.18 acres); C1-1 (18.10 acres); CO-1 (11.12 acres) and RR-1 (2.98 acres). Location: North of Highway 1, west of Highway 218, east of Kitty Lee Road Property Size: Annexation area: 62.39 acres Rezoning area: 50.40 acres Existing Land Use and Zoning: Undeveloped; County A1 Surrounding Land Use and Zoning: North: Residential and undeveloped; County A1 and RS; South: Highway 1 East: Highway 218 West: Residential and Agricultural; County RS Comprehensive Plan: Southwest District Plan shows this area as rural residential File date: December 9, 2004 45-day limitation period: January 23, 2005 2 SPECIAL INFORMATION: Public Utilities: City water and sewer will be made available upon annexation. The property owner will be responsible for extending water and sewer lines, and providing a sewer lift station for sewer service. Public services: Police and fire protection will be provided by the City upon annexation; private refuse collection is required for commercial properties. Transportation: Access to the area will be via Highway 1 with secondary access via Kitty Lee Road. No public transit extends to this property. Sensitive Environmental Areas: The Sensitive Areas Inventory Map shows a potential wetland on the property proposed for annexation that will need to be addressed when a development plan is submitted. The Map also shows potential steep slopes on the property. BACKGROUND INFORMATION: This property is owned by James Davis, Robert Davis, and Jan E Smith, who are represented by James Davis. They have applied for voluntary annexation to Iowa City, as well as a Comprehensive Plan amendment and rezoning from County Al, Rural, rezoning to CC-2 (18.18 acres); C1-1 (18.10 acres); CO-1 (11.12 acres) and RR-1 (2.98 acres). A Comprehensive Plan amendment is required due to the Southwest District Plan land use map identifying this area as Rural Residential. ANALYSIS: COMPREHENSIVE PLAN AMENDMENT The Southwest District Plan land use map shows this land as large lot / rural residential. While the plan does not elaborate on the rationale behind this designation, staff recalls this Iow density designation was given to the area due to the lack of sewer capacity in this area to serve anything but large lot rural residential development. The City recently improved the capacity of the sanitary sewer line that serves the Escort Lane / Naples Avenue commercial properties on the south side of Highway 1, south of this property. The applicant has proposed a sanitary sewer lift station to bring sewer capacity to the property proposed for annexation; this will allow it to be developed to urban densities. While the 1997 Iowa City Comprehensive Plan identified the area around the Highway 218 / Highway 1 interchange as being appropriate for commercial development, the Southwest District Plan supersedes the 1997 Plan. Therefore, the Southwest District Plan will need to be U:\rezonings\Davis annexation.doc amended in order to justify rezoning this property to any designation other than Rural Residential. The applicant has submitted five reasons (see attached letter) providing justification for designating this property as commercial in the Southwest District Plan. The applicants comments are in bold; staff comment is in regular font. 1. Located at the busy intersection of Highway I and Avenue of the Saints, U.S. 218. This lends itself to commercial more than residential. The land has good access to this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218 and the northern border of Highway 1. Staff agrees that properties with frontage on one of the two highways are more appropriately zoned commercial due to visibility and access. The buffer shown on the Southwest District land use map indicates it is not desirable for residential development with frontage on the highways at this interchange. With sewer capacity being brought to this property, rural residential development becomes an under-utilization of this property. 2. All other properties surrounding this interchange are commercial. All the other quadrants of this interchange are zoned commercial, and have city services. It has long been a policy of the City, as enumerated in the 1997 Comprehensive Plan, that the Highway 218/Highway 1 interchange is designated as appropriate for commercial development, while the Highway 218/Melrose Avenue interchange is appropriate as a residential/institutional interchange. This is due to Melrose Avenue being a predominately residential and institutional arterial street corridor. 3. Most of the property located south of Highway 1 across from this land has been annexed into Iowa City and is zoned commercial. The properties on the south side of Highway 1, east of Naples Avenue, are annexed into Iowa City and are zoned commercial. The properties west of Naples Avenue are commercial, but are not annexed into Iowa City. 4. We will work with you to provide a buffer for the residential area to the west. With commercial zoning on these properties, a buffer and/or transition to the existing and future residential properties will become very important to mitigate potential negative externalities from urban commercial development on this property. 5. The Large Lot Residential zone, as currently illustrated and described in the SW Area Plan, is less than desirable in the vicinity of the Highway 218/Highway 1 intersection. With a plan to bring sanitary sewer service to the property, staff agrees with the applicant that commercial zoning would be appropriate for the property, provided there is an adequate transition and a buffer that includes landscaping between the commercial property and the planned residential properties, and the existing residences along Kitty Lee Road. U:\rezonings\Davis annexation.doc ANNEXATION The annexation policy in the Comprehensive Plan states that annexations are to occur primarily through voluntary petitions filed by property owners. In addition the Comprehensive Plan establishes three criteria under which to review annexation requests. 1. The area under consideration for annexation falls within the adopted long range planning boundary. The area proposed for annexation falls within the adopted long range planning boundary in southwest Iowa City. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. Part of the City's economic development policy is to support actions that will build the City's tax base. The City is prepared to provide municipal services upon annexation and development. There will be minimal cost to the City in extending fire and police protection and street maintenance services. The developer is responsible for extending infrastructure into the property. 3. Control of development is in the City's best interest, Given that this property is within the City's growth area, and is located at a strategic high- volume interchange, control of development at this location is in the City's best interest. The conditions for voluntary annexation appear to have been met. The Comprehensive Plan states it is the intent of the City to look favorably on voluntary annexation proposals within the designated growth area. Kitty Lee Road Normally the property line will be synonymous with the centerline of a County secondary road, and the property would be annexed to the centerline of the road. In this case, however, the applicant owns approximately 15 feet of the 66-foot roadway easement. State of Iowa staff are comfortable with the City annexing just the approximate 15 feet of the easement controlled by the applicant, as long as the City and the County enter into a 28E agreement (agreement between governments) regarding maintenance responsibilities for Kitty Lee Road. This agreement will need to be finalized before the proposed annexation is forwarded to the State. Two Mile Fringe Area The Fringe Area Agreement between Johnson County and Iowa City states that "As appropriate and necessary, the City may extend the two-mile extraterritorial plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative U:\rezonings\Davis annexation.doc agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review." A map of the area that would be affected if the two-mile fringe area were extended is attached. Given that this area is well outside the growth area of the City, and is not in a traffic corridor where there may be public interest in the City extending its review authority, staff does not feel it is necessary to extend the City's two-mile fringe area in this case. RI:ZONING Commercial Zoning As discussed in the Comprehensive Plan Amendment section of this report, with the availability of municipal sanitary sewer for this property, commercial zoning is a more appropriate land use for properties adjacent to this interchange of two highways. There is a symbiotic relationship between commercial development and high-volume highway interchanges, particularly where there is already other commercial development in the other quadrants of the interchange. The land abutting the interchange is not as conducive to residential development due to the traffic noise and lights associated with highway interchanges. The applicant has proposed approximately 18 acres of Community Commercial (CC-2) zoning, and 18 acres of Intensive Commercial (C1-1) zoning. The concept plan indicates approximately 10 CC-2 lots will be created; CC-2 zoning at a highway interchange will likely result in restaurants, retail businesses, and auto-oriented convenience stores and shops (auto-oriented uses are permitted by special exception in the CC-2 zone). The concept plan indicates the C1-1 zoning area will be reserved for one large user, accessed by a pair of new streets. With proper attention paid to the transition of this commercial area to the properties to the north and west, staff considers commercial zoning at this interchange to be the best use of the land. The northern property on the north side of Olde Oak Lane (a private street) is proposed to be Rural Residential, RR-1, zoning. Since this property will not immediately have City services, nor have access from a city street, rural residential zoning is appropriate. The property is currently undeveloped and unoccupied. Transition to residential and rural properties One concern staff has in how commercial development in this location will impact existing residents along Kitty Lee Road to the north, and future residents to the west. One way to transition commercial development to residential development is to locate lower intensity office commercial at the north end of the property. Office commercial development generally attracts less traffic, and is quieter in the evenings and on weekends. The applicant has incorporated 11.12 acres of Office Commercial (CO-1) zoning at the north end of the development, including the existing pond (stormwater management area), and the concept plan indicates this will result in three office commercial development lots. Another way to mitigate the impact of commercial development is to construct a landscape buffedtransition area to screen the view of the commercial development. This is an issue on the north end of the development, and also along the east side of Kitty Lee Road where U:\rezonings\Davis annexation.doc there may be an abrupt change from the commercial development on the east side of the road, and the agricultural/rural residential uses on the west side of the road. On the concept plan, the applicant has proposed a landscaped buffer along the north and west perimeter of the CO-1 area, a double row of trees. While the concept plan shows a 35-foot buffer, the applicants engineer has requested language be included in a Conditional Zoning Agreement committing the developedsubdivider to a double row of trees, not necessarily a 35-foot wide landscape easement. Depending on the use and site design of the commercial properties abutting Kitty Lee Road, staff is concerned about the appearance of the east side of Kitty Lee Road. It is an abrupt change from the rural character on the west and north, to the commercial character on the east side of the road. Staff recommends that language be included in the Conditional Zoning Agreement that any walls, fences, or paved area be screened from view by a variety of shrubs and/or trees. The applicant is working on a landscaping concept to present to the Commission to address this issue. Transportation and Access When the property is proposed to be subdivided, the applicant has indicated he will construct a new road into the property, a northern extension of Naples Avenue, creating a four-way Highway 1 / Naples Avenue intersection. Because of the commercial zoning anticipated for the property, it is highly likely a traffic signal will be required at this intersection. Staff has requested a traffic study of the impact of this development to the Naples Avenue / Highway 1, and Kitty Lee Road / Highway 1 intersections. The traffic study will provide guidance on appropriate changes to this segment of Highway 1 to accommodate the approximate 47 acres of commercial development, including the need for a traffic signal, turn lanes, and other potential traffic controls. The Iowa Department of Transportation will also require a traffic study and permit before the new access will be allowed. To date, this traffic study has not been received. The percentage of the cost of traffic- related improvements to be borne by the developer/subdivider should be spelled out in the Conditional Zoning Agreement prior to City Council consideration of the zoning. Another requirement that should be included in the Conditional Zoning Agreement is that direct driveway access to Highway 1 from the commercial properties will not be permitted. While Iowa DOT would likely not permit direct driveway access, including this expectation in the CZA will forewarn future property owners of this requirement. Kitty Lee Road The applicant's concept plan indicates a future interior street intersecting with Kitty Lee Road. With this design, the southern 550 feet of Kitty Lee Road will carry commercial levels of traffic. Staff recommends that Kitty Lee Road be required to be reconstructed to City collector street standards, including a sidewalk on the east side, to the commercial street intersection. This standard of street design is appropriate for a street providing access to a city commercial property. City and County staff will discuss the maintenance responsibilities for this segment of road, since most of it will still be in unincorporated Johnson County. North of the commercial driveway, staff is recommending the developer/subdivider be required to pay funds equaling half the cost of reconstructing this road (the east half) to City U:\rezonings\Davis annexation.doc local street standards, from the commercial intersection to the first residential lot, a distance of approximately 1,075 feet according to the concept plan. Staff's rationale is that generally streets must be constructed to city standards when development occurs adjacent to them. In this case development on the west side of Kitty Lee Road is not likely to occur for a number of years and it would be unfair to place the entire reconstruction cost of the road with the current developer. However, at some point in the future, this road will be required to be reconstructed, and it is appropriate for the adjacent property owner, to whom the City may grant increased development rights through the rezoning, to contribute toward this cost so the public is not stuck with the cost. Infrastructure When the property is subdivided and developed, the applicant will be required to extend public infrastructure, including interior public streets, water and sewer lines and stormwater management facilities. For sewer service, the property will access the sewer line that has been recently upgraded on the south side of Highway 1, east of Naples Avenue. Due to topography, a sewer lift station will be required to pump to the sewer main to the south. While this lift station will be sized to just serve the proposed development at this time, staff is recommending it be designed with potential to be upgraded to serve the larger watershed. Once constructed and inspected, the lift station and public sewer lines will be maintained by the City. Sensitive Environmental Areas The Sensitive Areas Inventory Map identifies a potential wetland on this properly, as well as some steep slopes. Before a development proposal or subdivision can be approved on the property, a wetland delineation repod will need to be completed and accepted by the Corps of Engineers and Iowa Department of Natural Resources, particularly if the pond is proposed to be utilized for stormwater management, as is anticipated. STAFF RECOMMENDATION: Staff recommends that the Comprehensive Plan, specifically the Southwest District Plan, be amended to identify the undeveloped area east of Kitty Lee Road, west of Highway 218, and north of Highway 1, as appropriate for commercial development, provided there is a buffer/transition between the commercial development and the residential properties. Staff recommends ANN04-00001, an annexation of approximately 62.39 acres of property located east of Kitty Lee Road, west of Highway 218, and north of Highway 1, and including abutting Highway 1 right-of-way, be approved. Staff recommends REZ04-00030, a request to rezone approximately 50.40 acres from County Al, Rural to CC-2 (18.18 acres), C1-1 (18.10 acres), CO-1 (11.12 acres) and RR-1 (2.98 acres) for property located east of Kitty Lee Road, west of Highway 218, and north of Highway 1, be approved, subject to a Conditional Zoning Agreement addressing: U:\rezonings\Davis annexation.doc 1. Funding responsibilities for installation of a traffic signal and turn lane improvements at the intersection of Naples Avenue and Highway 1, and Kitty Lee Road and Highway 1. 2. Improvements and funding requirements for Kitty Lee Road. 3. Requirements for landscaping and buffering where the commercial development abuts residential properties and Kitty Lee Road. 4. Access control i.e. no direct driveway access to Highway 1. 5. Requirements for the sewer lift station to be sized to serve the proposed development with potential to be upgraded to serve the watershed. ATTACHMENTS: 1. Location map 2. Letter from applicant regarding Comprehensive Plan amendment 3. Annexation exhibit 4. Rezoning exhibit 5. Concept plan for future development 6. Map of two mile fringe area Approved by: //~,,~-~ / Robert Miklo, Senior Planner, Department of Planning and Community Development U:\rezonings\Davis annexation.doc October 27, 2004 Planning and Zoning Commission 410 E. Washington Iowa City, Iowa 52240 Re: Change to the Southwest District Plan To Whom It May Concern: We are requesting a change in the comprehensive plan for a parcel of land (Exhibit A), that is currently located in the county and has purposed residential zoning. Our request is to have the proposed zoning changed to commercial. Reasons for a change are as follows: 1) Located at the busy intersection of Highway One and Avenue of the Saints, U.S. 218. This lends itself to commercial more than residential. The land has good access to this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218 and the northern border of Highway One. 2) All other properties surrounding this interchange are commercial. 3) Most of the property located south of Hwy One across from this land has been annexed into Iowa City and is zoned commercial. 4) We will work with you to provide a buffer for the residemial area to the west. 5) The Large Lot Residential zone, as currently illustrated and described in the SW Area Plan, is less than desirable in the vicinity of the 218/Hwy 1 intersection. Thank you for your consideration. Sincerely, , 4097 Kitty Lee Rd. SW Iowa City, Iowa 52240 ANNEXATION EXHIBIT IOWA CITY, IOWA ~ovlcrn, aovA ~ ~/o~a h~ ~L;. ~ ~ ......... :~~ ,j ./' ' / ~F-'m l , REZONINOEXHIBIT ~? ^~°~---"-- IOWA IOWA CITY ~.~ ~)~ CONCEPT PLAN x MWD DAVIS ADDITION ' IOWA CITY IOWA : . ....... ~ ~ w.~. CONCEPT P~ p,~sed~ nne~tion. Two-mile boundary extension ~~ area affected by annexation '- .- ~- ~ ~i. OCA"~ION: James Davis property ANN04-00001/REZ04-00030 Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 05-118 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 ASPHALT RESURFACING 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: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the C~ty Clerk, at the C~ty Hall, until 10:30 a.m. on the 12 day of Apnl, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of April, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Approved by (~ITY"'~LERK ~ ~ (A't'~r n~ ~,'~ Office pw~ngYes~2005a sphat~-a pp&s.doc Resolution No. 05-118 Page 2 It was moved by 0' Donne11 and seconded by Ba~ 1 ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef × Wilburn City of Iowa City MEMORANDUM Date: February 25, 2005 To: Ron Knoche, City Engineer From: Ross Spitz, Civil Enginee'~/z~ Re: 2005 Asphalt Resurfacing Project Below is the list of streets to be included in the 2005 Asphalt Resurfacing Project. We are currently putting together the plans for the project and scheduled to hold the public hearing on March 22. This project will also include work for the Parks and Recreation Department. The entry road and parking lot for the Peninsula Parkland will be constructed. Some existing parking lots at various parks will be overlayed. Asphalt Overlay Streets NAME LIMITS Market St. Clinton St. to Ann Cleary walk. Bloomington St. PTR of Johnson St. to Dodge St. Lucas St. Burlington St. to Bowery St. Jefferson St. Clinton St. to Madison St. Van Buren St. Bowery St. to existing concrete. F St. Seventh Ave. to Fourth Ave. Rider St. Woolf Ave. to Black Springs Circle Bayard St. Woolf Ave. to Lexington Ave. Lexington Ave. River St. to Bayard St. Park Road Bridge Approach (westside approach lanes only) Chip Seal Streets NAME Hummingbird Ln. I St. (East of 6th Ave.) 4TM Ave. (South of I St.) Ridgeland Ave. (South of Grove St.) Grove St. (West of Beldon Ave.) Lower West Branch Rd. Taft Ave. No Name Rd. North Dodge St. Court Conklin Ln. ~'~ I 03-22-057 I Prepared by: Ron Gaines, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 05-119 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD EXTENSION 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, this project will be bid by the City of CoraIville; and WHEREAS, bids will be accepted on April 12, 2005 at 7:00 p.m. by the City of Coralville, Iowa; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids by the City of Coralville for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Coralville, Iowa, until 7:00 p.m. on the12th day of April, 2005, or at a later date and/or time as determined by the City of Coralville, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City of Coralville, and thereupon referred to the Council of the City of Iowa City, Iowa, for a recommendation of action upon bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19th day of April, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this ?2nd day of Fla~'ch ,20 05 Approved by CI'TYLCLERK Cit~' At't'o ~ e y' sf./C)f fi c e Pweng/res/camp cardinal road ex,.doc Resolution No. 05-1].9 Page Z It was moved by Champi on and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn March 22 ,2005 The City Council of Iowa City, Iowa, met in regul ar session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock P .M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Bailey, Champion, Elliott, Lehman, O'Donnell Vanderhoef. Wilburn Absent: None -1- Council Member Champion moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Vanderh0ef seconded the motion. The roll was called and the vote was, AYES: Railoy, Champion, Fllintt, Iohman, O'Donnell. Vanderhoef. Wilburn NAYS: None Council Member Wi 1 burn moved that the from of Continuing Disclosure Certificate be placed on file and approved. Council Member Ba i 1 e¥ seconded the motion. The roll was called and the vote was, ASrES: Bailey, Champion, Elliott, Lehman, O'Donnell~ Vanderhoef~ Wilburn NAYS: None Council Member Champi on introduced the following Resolution entitled "RESOLUTION AUTHOPdZING AND PROVIDING FOR THE ISSUANCE OF $7,020,000 GENEtLAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Ba i 1 ey seconded the motion to adopt, and the roll being called th.ereon, the vote was as follows: -2- AYES: Bailey, Champion, Elliott, Lehman 0'Oonnell. Vanderhoef. Wilburn NAYS: Nnn~ Whereupon, the Mayor declared said Resolution duly adopted as follows: RES. 05-120 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,020,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs Of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the reconstruction, extension and improvement of the existing Municipal Airport; the rehabilitation, improvement and equipping of existing city parks and equipping of the fire and police departments, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $4,450,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute Proceedings for the issuance of not to exceed $5,335,000 of said Bonds, and the Council is therefore now authorized to proceed with the issuance of $4,450,000 of the Bonds; and WHEREAS, the Issuer is in need of funds to pay costs of the construction of a transit intennodal facility, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $700,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition of low income housing facilities from the Greater Iowa City Housing Fellowship to provide affordable housing within the City, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $670,000 be issued for said purpose; and -3- WHEREAS, the Issuer is in need of funds to pay costs of targeted area housing rehabilitation improvements and the acquisition of art for public buildings and areas, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $510,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of the joint construction and control of the Grant Wood gymnasium in cooperation with the Iowa City Community School District, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $470,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition of land for Fire Station//4, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $220,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: -4- "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ~ "Bond Fund" shall mean the fund created in Section 3 of this Resolution. "Bonds" shall mean $7,020,000 General Obligation Bonds, Series 2005A, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. -5- "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ~ "Rebate Fund" shall mean the fund so defined in and established pursuant to thee Tax Exemption Certificate. "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file at DTC. "Resolution" shall mean this resolution authorizing the Bonds. "Tax Exemption Certificate,' shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Seciion 2. Levy_ and Certification of Annual Tax; Other Funds to be Used. (a) Levy_ of Annual Tax. That for the purpose of providing funds to pay the principal and interest o£the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $860,960 2005/2006 $861,113 2006/2007 $857,213 2007/2008 $861,250 2008/2009 $854,475 2009/2010 continued next page -6- $855,500 2010/2011 $855,650 2011/2012 $858,088 2012/2013 $854,400 2013/2014 $852,800 2014/2015 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2004 will be collected during the fiscal year commencing July 1, ). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying princiPal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2005A NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event -7- such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments pe,lnitted by Chapter 12B, Code of Iowa, 2003 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2003, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before 'the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $7,020,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated March 29, 2005, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2005, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing ora check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: -8- Interest Principal Maturity Rate Amount June 1s t 3.00% $570,000 2006 3.00% $630,000 2007 3.25% $645,000 2008 3.25% $670,000 2009 3.50% $685,000 2010 3.50% $710,000 2011 3.75% $735,000 2012 3.75% $765,000 2013 4.00% $790,000 2014 4.00% $820,000 2015~ (b) Redemption. Bonds maturing after June 1, 2013, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-EntlW Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of -9- semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any infom~ation or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, -10- (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate from, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery_; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of -11- multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations pe,mitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forWard the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability 0fthe Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal -12- became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. Ali such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. -13- Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -14- Section 13. Fom-~ of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I (,2) I I (3) I I (4) I I (~) I (9) (9a) ({0) (Continued on the back of this Bond) I (t 1)(i2)(13) { I (14) } [ tiS) I FIGURE 1 (Front) (10) (16) (Continued) FIGURE 2 (Back) 46- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" "SERIES 2005A" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: March 29, 2005 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure I = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this'issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2005, and semiannually thereafter on the 1 st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. -17- This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the reconstruction, extension and improvement of the existing Municipal Airport; the rehabilitation, improvement and equipping of existing city parks; equipping of the fire and police departments; the construction of a transit intermodal facility; the acquisition of low income housing facilities from the Greater Iowa City Housing Fellowship to provide affordable housing within the City; targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas; the joint construction and control of the Grant Wood gymnasium in cooperation with the Iowa City Community School District and the acquisition of land for Fire Station #4, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2013, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any.order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. -18- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be perforated precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. 1N TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by.the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller -19- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor ATTEST: By: (facsimile signature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. .) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY -20- The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - . ........... Custodian ............ (Cust) . (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST -21- Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the fOregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and detemdnations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severabili _ty Clause. If any section, paragraph, clau~e or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. -22- Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 22nd day of March , 2005. Mayor ATTEST: City Dlerk 440187.1\WP10714086 -23- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; ! further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 23rd day of gat-ch ., 2005. dity ~2teric~ Iowa City, Iowa SEAL MMCGINLE\439448.1 \WP 10714.086 Prepared by: Susan Dulek, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-121 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AMENDMENT TO THE AGREEMENT TO PURCHASE AN APARTMENT BUILDING FROM GREATER IOWA CITY HOUSING FELLOWSHIP (GICHF) AND TO ASSIST GICHF IN THE FINANCING OF AFFORDABLE HOUSING IN THE PENINSULA. WHEREAS, on September 23, 2004, the City of Iowa City ("City"), and Greater Iowa City Housing Fellowship ("GICHF") entered into an agreement entitled "Agreement"; WHEREAS, the Agreement provided, in part, that the City would purchase a nine (9) unit apartment building from GICHF; WHEREAS, GICHF has constructed a ten (10) unit apartment building that have increased the costs and GICHF also has had additional costs, including cost overruns, in the construction; WHEREAS, the City and GICHF desire to amend the Agreement to modify the purchase price to account for the extra unit and the additional costs; and WHEREAS, it is in the City's interest to amend the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute an amendment to the Agreement, a copy of which is attached, marked Exhibit A, and incorporated herein. 2. The City Attorney is hereby authorized to take all necessary action to complete said transaction, as required by law. All documentation required by law shall be recorded by the City Clerk in the Johnson County Recorder's Office at GICHF's expense. Passed and approved this 22nd day of March ,2005. MAYOR Approved by CITY 'CLERK City Attorney's Office NOTE TO FILE: AGREEMENT YEAR INCORRECTLY NOTED IN RESOLUTION 05-121 AS SEPTEMBER 2004. SHOULD HAVE BEEN SEPTEMBER 2003. Resolution No. 05-121 Page 2 It was moved by Bai le,y and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef Wilburn X EXHIBIT "A" AMENDMENT TO AGREEMENT WHEREAS, on September 23, 2004, the City of Iowa City, a municipal corporation ("City"), and Greater Iowa City Housing Fellowship ("GICHF") entered into an agreement entitled "Agreement"; WHEREAS, the Agreement provided, in part, that the City would purchase a nine (9) unit apartment building from GICHF for $711,503; WHEREAS, GICHF has constructed a ten (10) unit apartment building; WHEREAS, the additional unit increased GICHF's construction costs by $103,763 for a total estimated cost of the entire apartment building, including the cost to purchase the lot, to $1,240,000; WHEREAS, there have been $59,053 in additional construction costs, including cost overruns; WHEREAS, GICHF has kept the City apprised of the additional costs, had informed the City that there would be an additional unit in the apartment building, and has provided written documentation verifying said costs; WHEREAS, Paragraph 19 of the Agreement provides that it may be modified in writing; and WHEREAS, the City and GICHF desire to amend the Agreement to modify the purchase price to account for the extra unit and the other additional costs. IT IS THEREFORE AGREED that: 1. Paragraph 2b of the Agreement is deleted in its entirety and the following new Paragraph 2b is substituted in lieu thereof: Interest Rate. Interest on the loan shall be at the rate of 3.57% per annum, which is the identical rate of interest that the City received when it sold the General Obligation bonds as authorized in Resolution No. 02-207. 2. Paragraph 3 of the Agreement is deleted in its entirety and the following new Paragraph 3 is substituted in lieu thereof: Purchase Price of Apartment Buildin,q. The City agrees to purchase and GICHF agrees to sell the apartment building after GICHF receives a Certificate of Occupancy as provided in Paragraph 5 below. The purchase price is $874,319, consisting of the following: $334,018 Cash (Housing Authority "equity") $256,000 Assignment of GO debt to City (see Par. 2c above.) $284,301 City HOME/CDBG funds (see Par. 4 below.) NOTE TO FILE: AGREEMENT YEAR INCORRECTLY NOTED IN RESOLUTION 05-121 AS SEPTEMBER 2004. SHOULD HAVE BEEN SEPTEMBER 2003. Upon the request of GICHF, the City will pay $162,816 of the $334,018 in cash prior to closing, and GICHF will execute a promissory note for said amount and a mortgage on the Property to secure said note. GICHF will pay the recording costs. 3. Paragraph 4 is amended to modify the payment dates as follows: The City shall begin making payments to GICHF on "July 1, 2005," not "February 1, 2005," and the City shall make the final balloon payment on "August 1, 2025? not "March 1, 2025." 4. All other terms of the Agreement shall remain in full force and effect. CITY OF IOWA CITY, IOWA GREATER IOWA CITY HOUSING FELLOWSHIP Maryann Dennis, Executive Director Mariait K. Karr, City Clerk GICHF ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ~ day of ~ (~-- ,2005, before me, a Notary Public in and for the State of Iowa, personally appeared Maryann Dennis, to me personally known, who being by me duly sworn, did say that she is the Executive Director of the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that Maryann Dennis acknowledged the execution of the instrument to be the voluntary act and deed of the corporation by it voluntarily executed. J_-~'~,l ~S.UN~S~L I I~ .]ComrniS.~on Number 7317551 I' ~ "! My Commission Expires 1'~'1 Decemb~2~2007 ! 'Notary Public in and for the State of Iowa CiTY ACKNOWLEDGMENT STATE OF IOWA ) JOHNSON COUNTY ) On this -~ day of ~k,~rLc..¢+ ,2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I.,~ I SONDRAE FORT I ~'ll~ ~-I ¢°mrnissi°n Number 1597911 .S ~r'r~¢-~ '~.,~r I'~ 'l My Commi~ion ~ims I - I ~1 ~- ~- ~b I Nota~ Public in and for the State of Iowa Approved by: City Attorney's Office EXHIBIT "A" AMENDMENT TO AGREEMENT WHEREAS, on September 23, 2004, the City of Iowa City, a municipal corporation ("City"), and Greater Iowa City Housing Fellowship ("GICHF") entered into an agreement entitled "Agreement"; WHEREAS th~ Agreement provided, in part, that the City would purchase a nine (9) unit apartment buildin GICHF for $711,503; WHEREAS, has constructed a ten (10) unit apartment building; WHEREAS, the unit increased GICHF's construction costs by $103,763 for a total estimated cost of the 'e apartment building, includ/(ng the cost to purchase the lot, to $1,240,000; o/h//a WHEREAS, there have ~n $59,053 in additi I construction costs, including cost overruns; WHEREAS, GICHF has kept City the additional costs, had informed the City that there would be an additional ~it in the building, and has provided written documentation verifying said costs; WHEREAS, Paragraph 19 of the provides that it may be modified in writing; and ~' WHEREAS, the City and GICHF amend the Agreement to modify the purchase price to account for the extra unit and the oth ,nal costs. IT IS THEREFORE AGREED that: '... 1. Paragraph 2b of the Agreement is d~ in its entir~y and the following new Paragraph 2b is substituted in lieu thereof: Interest Rate. Interest on the shall be at the rat~of 3.57% per annum, which is the ~1 r-~ of interest that} City received when it s~ld the General Obligation bonds as authorized in Resolutio~/~ 02-207. 2. Paragraph 3 of the Agreerr e,~t is deleted in its entirety and the~ollowing new Paragraph 3 is substituted in lieu thereof: / Purchase Price of )~tment Building. The City agrees to pur'~hase and GICHF agrees to sell the apartrr ~t building after GICHF receives a Certificate of Occupancy as provided in Parag 3h 5 below. The purchase price is $874,~19, consisting of the following: $334,01/ Cash (Housing Authority "equity") $256,000 Assignment of GO debt to City (see Par;"2c above.) $284,301 City HOME/CDBG funds (see Par. 4 below.) Upon the request of GICHF, the City will pay $162,816 of the $334,018 in cash prior to closing, and GICHF will execute a promissory note for said amount and a mortgage on the Property to secure said note. GICHF will pay the recording costs. 3. Paragraph 4 is amended to modify the payment dates as follows: The City shall begin making payments to GICHF on "July 1, 2005," not "February 1, 2005," an~ the City shall make the final balloon payment on "August 1, 2025," not "March 1, 2'025?' 4. All other terms o~e Agreement shall remain in full force ~d effect. / CITY OF IOWA CITY, IOV~ 5AT/ER IOWA CITY '~, ~G FELLOWSHIP By: man, Mayor '~ -- ..... Ernest W. Leh Maryann Dennis, Executive Director ATTEST: Marian K. Karr, City Clerk \ GICHF ;MENT STATE OF IOWA ) JOHNSON COUNTY On this day of ,2005, a Notary Public in and for the State of Iowa, personally ,nn Dennis, to y known, who being by me duly sworn, did say that she is Director of ,rporation; that the instrument was signed on behalf of the cor n by authority of its Board ~irectors; that Maryann Dennis acknowledged the execution , instrument to be the ' act and deed of the corporation by it voluntarily executed. Notary Public in and of Iowa CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNS ) On this of ,2005, be)~ore me, the undersigned, a notary public in and ~,e State of Iowa, personally appeared ErneSt W. Lehman and Marian K. Karr, to me personally ~(% who being by me duly sworn, did sa)/that they are the Mayor and C ty Clerk respectively, said municipal corporation execu~i~ng the within and foregoing instrument; that the seal thereto is the seal of said .Municipal corporation; that said instrument was signed and on behalf of said municipal/~or@oration by authority of its City Council; and that the said nd City Clerk as such officers acknowledged that the execution of said instrument to be the act and deed of ,~'aid corporation, by it and by them voluntarily executed. / Notary ~blic in and for the State of Iowa / / City Attorney's Office Prepared by: Marian K. Kart, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO, 05-122 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk ~tn assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearin9 on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on May 6, 2005. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until May 6, 2005 payment may be made at the Cih/Clerk, 410 E. Washington Street, Iowa City, Iowa, without interest. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. 05-122 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code !:i 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the assessment schedule. Passed and approved this 22nd day of March ,2005. Approved by ATTEST://~F,~ ~'~';- ,~ ¥'~ C~ty Clerk city Attorney/s Office It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn sue',Ord& Res~,Abat eRes doc I03-22-05 14 Prepared by: Marian K. Karr, 410 E. Washington St., Iow~ City, IA 52240-319-356-5041 ./' / RESOLUTION NO. 05-122 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNP/~ MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REP/~, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERT/tFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN/T/RE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City ~tcrk has filed with the City Clerk an assessF~nt schedule providing the amount to be assessed\against certain lots for the actual unpai¢/abatement costs of mowing, cleaning up property, rem~¥ing snow, repairing sidewalks, anti,pairing stop boxes in the same manner as property taxes; \'"x WHEREAS, said schedule is a't,t, ached as Exhibit A to thi., ,lution and incorporated herein by this reference; 364.13B~authorizes the Council to assess against the property WHEREAS, Iowa Code said abatement costs in the same manner as prol:¢ taxes; and WHEREAS, the City Council finds thatXt~e 1 owners listed in Exhibit A have received a written notice of the date and time of the hearing on the adoption of said assessment schedule, in substantially the same form hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the assessm, schedule p~suant to Iowa Code § 384.60(1). The amounts listed in Exhibit A f(/L )aid mowing cha/~es, clean-up property charges, snow removal charges, sidewalk reps ch ges and stop box Bp, air charges as stated in Exhibit A are confirmed and levied agail the properties listed in L~::hibit A. The assessment cannot be in installments. All unpaid assessments )aid within thirty (30) days after pas~z~ge of this resolution shall bear interest at the 9% per annum, commencing on April 25~k2005. Assessments are p~ at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa For thirty (3, /s following passage of this resolution, paymer~may be made at the City Clerk, 410 E. gton Street, Iowa City, Iowa The City Clerk/J~ hereby directed to certify the schedule as set out in Exhiblt. A to the Treasurer of Johnson Ccunty, Iowa for collection in the same manner as property taxeS: Resolution No. 05-122 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two · /,. consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which' shall be not more than fifteen (15) days from the date of filing of the assessment schedule./ Passed an'dxapproved this 22nd clay of March , x Appro'~e~d by x/ ATTEST: /Ji¢,-,~'--"',/ff"~ /~.d,,, ' City Clerk cit~lfomey/s office It was moved by Vanderhoef and seconded by Ch,~/mpion the Resolution be adopted, and upon roll call there Was: / AYES: NAYS: /?ABSFNT: X /' Bailey X __ /~ Champion X /' Elliott X ,7 Lehman X /' O'Donnell X ,,/' Vanderhoef X ?' Wilburn sue\Ord & ResV~,bateRes doc ,' EXHIBIT A Properties To Be Assessed - March 2005 -~/~ Page 1 of 2 IProperty Address ]Legal Description IPerce~ Number ]Appraised Va~ue ]Property Owner ]Service Rendered ]Date of Service ]Cost of Service ]~nvoice # I 11°16 E Marketsto,1356'1'3JWClarksAdditJonW23'E 45' of Lot 3 B k 1 I 10113280061 $66.270.001Akers, MatthewC ISidewalkRepair I 10,23,2003l $400.00 ~"~1 11020EMarkets'ILO'I1356-1-3JWclarksAdditi°nE22'~"'~' I $'7'300'001Ake'"MatthewC I '= 0'001 1923 1331--5 Iowa Ci~ Outlots W 65' of 10104070031 $123,100.0016ooney, Sandra Kay RemovalI 1314 Carroll St 2207-16 Plum Grove Acres Subdivision 1331N va" sure" st,E58'ofN61'Lot1BIk4812063-48-1OriginalT°wn°fl°waCi~ I'°*°1e2°°~l $'~5'~80'00lKenda'"Deb'aL°is Is"°w~m°va' I ='~='~°°~1 ,,oo.~ 1403 Douglas Ct 3226-41 Wise Addition Lot 41 110164040111 $73,320.00 Luedeman, Richard L Prope~ CleanUPRepla~ Curb Box 10/31/20036/22/2004 $987.20532'00' 20106,1156, Weed Removal 6/29/2004 $90.00 1483 ] 411 S Summit St 0312-2-18 Berwhills 2nd Addition Lot 18 Removal ~ Westwinds Drive 3111-3 Wes~inds Subdivision Beg 1017228001 $63,510.00 Olin, Paul Tree Pruning 2/25/2003 $316.85 3013 280.18' N Of SW Cor Lot 3; N 134.82'; Melrose Avenue Recreation, Assoc Weed Removal 11/26/2003 $149.85 3304 N 89 Beg E 273.79'; SE ly 31.58'; Sidewalk Repair 9/27/2004 $405.60 4229 S 57.45'; SE ly 51.17'; S 4 Deg E 70.86'; S 89 Deg W 140.7'; N 11.13'; W 43.06'; N 51.93'; S 89 Deg W 116.81' to PCB  2923 Cornell Ave ~1992-Oak Woods Addition Pad 1 Weed Removal 6/18/2004 $75.00 1485] ]800-802 S Van 8uren St ]2089-1-9 Pa~e's Addition Lot 981k 1 I lO~5~53oo2] $56,350.00 ]Perkins, Lar~ ]Sidewalk Repair I 9/3/20031 $150.001 3~88] ]8o4 s van Buren St ]2o89-1-8 Pa~e's Addition Lot 8 BIk 1 I ~°~5~53°°31 $6~ ,960.00 ]Perkins, Lar~ ISidewalk Repair ] 9/3/20031 $1 ,~50.001 3~89] 1956 E Davenpod St 132554~ Woods Addition Lot 4 BIk 4 ] ~01~2550~0] $~ 17,040.001Powers, Kevin R ISidewalk Repair I 7/7/2004] $202.80] 4087] EXHIBIT A Properties To Be Assessed - March 2005 Page 2 of 2 J729E Jefferson St 2063-19-1 Original Town of Iowa City Rooney, Lawrence ~o o,~,.o,,.,~ i ,o~o~.oo, i $93,100.00 Rooney: Ryan L IPro,er~,epair J ,2,,6,2003l $672.~8J ~00~I 603 Dodge St 1674-9-10 Lyon's 2nd Addition E 75' Of Poh, James D N Dodge StOf SE Cor Of OL 15 OT; N 37' E 7' N $94,590.00 Schwa~, Louis G F ,o,0,0 o0 I isnow ova, 909 Dodge St 0358-3-2 Borland Place Of Lots 1 ~ ~s~oo,.~o.o,~:,~. I10151610031 $106,030.001Tinsley, BarbaraE ISidewalk"""~'~ I ~0'~"'~001 '~0'001 ~1 I~'~"van"u~ens' ,S~0~'"~-'O~'"'~a'~°wnO"°waC'~~.'O,.o,~.,,.. I '0~0'~001 '~'"~0'001~°mer'S~°""°nn' iS"°w"em°~a' I I,~ I~.-.~,'n I~0"~000~1 ,~.00.00Vu,~ie,~.i~ I.~o.e.,,~,~00.I ,~.001 ~0~I Dolen PI Cae Addition Pa~ 2 Lot 68 Baruah, Sankar Cleanup 11016 Diana St Blk1660'64LucasAdditi°nN41'L°t4~ I '°'"~'°~1 '~0'"~0'001W"ze~an'"e'er~"'"n' Iwee~"e~°va' I ~'~"'~00"1 ~0'1 ~"~1 CITY OF IOWA CITY 410 East Washington Street EXflBIT g Iowa city, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Dear Property Owner: This is to notify you that the City Council will be considering a resolution on March 22, 2005 that will assess against your Property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment-against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5083. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division-w/enc. ~ Page 1 of 2 ~ EXHIBIT A Properties To Be Assessed - March 2005 IProperty Address ]Legal Description ]Parcel Number ]Appraised Value ]Property Owner ]Service Rendered ]Date of Service ]Cost of Service ]Invoice # I 11018 E Market st ]of]1356'1-3 J W Clerks Addition W 23'E 45' of Lot 3 BIk 1 l. 10113280061 $66'270'001Akers' Matthew C ISidewalk Repair 110/23/20031 $400'001 32891 11020 E Market St 1~1356'1-3 J W Clerks Addition E 22'Lot, BIk 1 I. 10113200051 $47'300'00 IAkers' Matthew C ISidewalk Repair 110/23/20031 $230'00132081 418 N Gilbert St 2063-49-5 Original Town of Iowa City N45' of Lot, BIk 49 110101570101 $176,990.00~Barrientes,lBarrientes, CarolynBenjamin IProperty Cleanup 6,3/2003 $15.0016209I 11819 Lower Muscatine Rd 11737__7 Marie 10144550121 $121,130.00]Brooks, Gregory &lsusan Jane Cobler 11/26/2003 $400.0013309I 1923 Market Street IE]1331-'5197' cfi°waN 150'CitYoutlotOUtl°ts5 W 65' of 10104070031 $123.100.001Cooney, Sandra Kay Removal 6,29'20041 $87.5011404I 11314 Carroll St 2207--16 Plum Grove Acres SubdivisiOnpart One Lot 16 $132'940'001Grifh°rst' Jam' Sidewalk Repair I 9'4/20031 $160'001320411 11024 Walnut St ]Parcel]102.29';]& ]14-79-6 C°m 63' W °f NW C°r Walnut 11014265002 Clark¢95011 St; E 55.64' N 07.73':in to Survey Pcb Nw (AKA 57.19'; Bk 35Audit°rs Spg 129 :~adke-Johnson, Ronald Kay Sidewalk Repair I 9/3/20031 $290'0013203I 1420 S Governor St 138~0312-2-5 Ber~yhills 2nd Addition S1,2. Lot 5 ,lk 2 Debra L ISnow Removal I 2,16,20041 $65-251 1410I [331 N Van Buren St]E]2063-48-1 Original Town of Iowa City58, of N 61' Lot 1 BIk 48 1010162001 Debra Lois IsnOw RemOval I_ 2,12,2004[ $100.25] 1440I [1302 E Bloomington StIBIk]2201-1-81 & inclPleasants 1/2 ofAIleyAbb~tingPlace Additietq LOt8N 10112590081 $100,840.00 Kinney, GenstaR% [Sidewalk Repair 7/7/20041 *'~.00140~0I 403 Douglas Ct ]3226--41 Wise Adbition Lot 41, "~'' [ 1016404011 $73'320'001Luedeman' Richard L ~ ]Pr°pertY Cleanup'"'~ WCed~ ]Replace RemovaICUrb Box 10/31/2003] 6/22/20041 6/29/20041 $987'201 $32.001201061590.001 1156114831 EXHIBIT A Properties To Be Assessed - March 2005 Page 2 of 2 !Westwinds Drive 3111--3 Westwinds Subdivision Beg 1017228001 $63,510.00 Olin, Paul Tree Pruning 212512003 $316.85 3013 280.18' N Of SW Cot Lot 3; N 134.82'; Melrose Avenue Recreation, Assoc Weed Removal 11/26/2003 $149.85 3304 N 89 Deg E 273.79'; SE ly 31.58'; Sidewalk Repair 912712004 $405.60 4229 S 57.45'; SE ly 51.17'; S 4 Deg E 70.86'; S 89 Oeg W 140.7'; N 11.13'; W 43.06'; N 51.93'; S 89 Deg W 116.81' to POB ~800-802 S Van Buren St ]2089-1-9 Page's Addition Lot 9 BIk'~ 1015153002[ $56,350.00 ~Perkins, Larry ISidewalk Repair $150.00 ~804 S Van Buren St ~2089-1-8 Page's Addition Lot 8 BIk 1 10151530031 $61,960.00 IPerkins, Larry ISidewalk Repair 9/3/2003 $1,150.00~ 3180I 1956 E Davenport St ~3255-4~ Woods Addition Lot 4 BIk 4 $117,040.001Powers, Kevin R 7/7/20041 $202.80~ 4087I i729 E Jeffers°n St,E~2063-19'1 Original Town of Iowa CitY40, Of N 65' Lot 1 BIk 19 I $93,100.001Rooney, Ryan LiRooney, Lawrence Pr°pertyRepair112/16/20031 '672'181 40041 1603 S Dodge St 11674-9-10 Lyon's 2nd Addition E 75' Of I 2,18,20041 $77.501 1406I IN 60' Lot 10 BIk 9 I 1015137001 Rooney, Ryar Snow Removal 1827 N D°dge stIN 13'w 157' s'Of '1331-15-'°wa c't' °ut'°ts c°m 32°' N1sE Cor Of OL 15 OT; N 37' E 7' 1010106001 Louis G Snow Removal [ 2,18/2004 ,89.501 14011 11212 Highland Avenue 11468--57 Kirkwood Place Lot 57 I 1014346012 ¢$85,710.00 ISidewalk Repair I 11/26/2°°31 $9°'°01 33051 1909 S Dodge StIs 2 & S 50' Of E 20' L°t 3 BIk# 10358.3.2 Bortand Place S 50' Of Lots 1 101516 $106,030.001Tinsley, ISidewalk Repair I 10/15/20031 $80.00 1319 N Van Buren St ~2063~8-1 Original Town Of Iowa City ./ 10101620041 $83,460.001Tomer, Scott R°nny ,s35,0,,o11 BIk48 Sn°wRem°val I 2'11'20041 $64'261 14501 11251 Dolen pi 12869__68 Ty,n Cae Addition part 10173800071 $223,100.00[Vu, Lien Thi &lBaruah, Sankar 'r°perty CleanupI 1'23/20041 $228'001 201911 [1016 Diana StIelk611660-6-4 Luoas Addition I 1015427004[ $60,990.001Wezeman, Peter Jenkins [ 6/29,2004[ $106.25] 14821 resolution ~ Il-{- Page 1 of l Marian Karr From: Grifhorst, James R [jim-grifhorst@uiowa.edu] Sent: Thursday, March 17, 2005 1:51 PM To: council@iowa-city.org Subject: resolution Memorandum To: City Council, City of Iowa City From: James R. Grifhorst 1314 Carroll St. Iowa City, IA 52240 Re: Property assessment at above address Over the course of an extended period of time I have corresponded with a variety of city employees over a sidewalk repair ($160.00) that was performed on my property. The offices of the Internal Auditor, Public Works, City Clerk, and City Attorney should have a plethora of letters regarding this issue. The crux of the problem is this: the City contends that it sent notification of a situation to my address when, in fact, none was received. I have tried, unsuccessfully, to communicate this fact to City employees. The City Attorney contends that by merely mailing a photocopy of what the city alleges it sent to me, is proof that I received said documents a year ago. That is where logic goes completely out the window. In the same letter, (Nov. 3, 2004) the City Attorney supports her action by noting section 364.12 of the Iowa Code. If the city attorney would have taken the time to read that code, she would have noticed Number 2.d of that code states: "A city may serve notice on the abutting property owner, by certified mail to the property owner as shown by the records of the county auditor, requiring the abutting property owner to repair, replace, or reconstruct sidewalks." Now, I didn't receive any notification at all, let alone one by certified mail as the Code requires. If the City of Iowa City continues this harassment, my only course of action will be to seek satisfaction through the courts. This is tantamount to extortion. I would also inquire as to why the City refuses to repair city-owned sidewalks. Indeed, the City is the largest violator of this dubious ordinance. Sidewalk on the very block that houses City Hall has violations (marked) that the City refuses to repair. The list of city-owned violations would fill volumes but yet they remain in disrepair. I apologize for not being able to address the Council directly as I will be out of town until March 24 and received notice of the consideration only 3 business days before the council meeting. If the Council has any questions, you may direct them to my email account and I will be happy to address them. jim-grifhorst@uiowa.ed u 3/17/2005 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 05-123 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENTS - WATER MAIN RELOCATION PROJECT. WHEREAS, Carter-Kirkpatrick Services, Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of $38,430.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Carter- Kirkpatrick Services, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 22nd day of Flarch ,20 05 A roved q, CiTY'CLERK City Attorney's Office It was moved by Bai 1 ey and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng\res\sgilbert main relocate.doc 9/99 ADVERTISEMENT FOR BIDS SOUTH GILBERT STREET IMPROVEMENTS- WATER MAIN RELOCATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 22nd day of March, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. 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 Emma J. Harvat Hall at 7:00 P.M. on the 22nd day of March, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Installation of 900 lineal feet of 12-inch diameter ductile iron pipe water main, two 22.5 degree bends, one 12-inch diameter ductile iron gate valve, two fn:e hydrant assemblies and one extension and connection of an existing water service. All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, 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 five (5) year(s) from and after its com- pletion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 40 days Specified Start Date: May 1, 2005 Liquidated Damages: $150.00 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 City of Iowa City Engineers Office, Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, frans, 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 subcontractors, together with quantifies, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Ron Knoche, PW410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND THE MAYOR TO SIGN AND THE CITY CLERK TO A CONTRACT FOR CONSTRUCTION OF THE SOUTH STREET IMPROVEMENTS - WATER MAIN RELOCATION PROJECT. WHEREAS, of has submitted the lowest responsible bid of $. of the above-named project. NOW, THEREFORE, BE IT --SOLVED THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of the above-named project is hereby awarded to , subject to the condition that awardee secure adequate performance and .=nt bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby at to In and the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performance payment nsurance certificates, and contract compliance program statements. Passed and approved this day of 20 \ ATTEST: / CITY CLERK/., \ It was moved by and seconded by '"% the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwenCres\sgilbed-water main doc Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-124 RESOLUTION FOR APPOINTMENT OF A STUDENT LIAISON TO THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa desires to establish good communications with the Government of the Student Body and with the students of the University of Iowa in order to better identify issues of common concern to students and the City; and WHEREAS, it is determined that the appointment of a person to serve as a designated student liaison to the City Council will serve to improve communication between the University of Iowa Student Government ("UISG') and the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa that: Section One. The Iowa City City Council shall each year appoint a person registered as a full-time student at the University of Iowa to the position of non-voting ex-officio Student Liaison to the Iowa City City Council. Section Two. The Student Liaison, or designated alternate, shall attend every meeting of the Iowa City City Council including Council work sessions. Section Three. The Iowa City City Council shall set aside time at each Council work session for the Student Liaison to give a report on student-city relations, if necessary. Section Four. The Student Liaison shall provide insight to the Iowa City City Council during its regular and special meetings on issues relating to city-student relations or on any agenda item, speaking during the time allowed for public comment. The Student Liaison shall be in attendance at City Council work sessions. The Student Liaison shall sit with the Council at work sessions but not at formal meetings. Section Five. The Student Liaison shall provide information to UISG as directed by its Executive Council. Section Six. Selection of persons to be appointed by the City Council as Student Liaison and Alternate shall be by the Vice-President of UISG or his/her designee. The Alternate shall attend meetings of the Iowa City City Council in place of the Student Liaison when the Student Liaison is absent from the City, ill, or for some other reason unable to attend the City Council meeting. The Alternate shall become the Student Liaison in the event the person appointed as Student Liaison ceases to be a registered full-time student at the University of Iowa, or is removed by resolution of the City Council. Section Seven. The Vice-President of the UISG shall be responsible for advertising for the positions of Student Liaison and Alternate, creating an application form, facilitating resumes and cover letter collection and designing the interview and selection process. Section Eight. The criteria for selection of persons to be appointed as Student Liaison and Alternate shall be: Resoultion No. 05-124 Page 2 a) a registered student, enrolled full-time at the University of Iowa whose address is also in the City of Iowa City, Iowa; b) a student with leadership, communication skills, desire to serve, and applicable experience; c) a student whose schedule will permit the appointee to attend every meeting of the City Council, including during the summer months of June, July, and August; d) a student dedicated to serving in the best interests of the relationship between the City of Iowa City, Iowa and the students of the University of Iowa who live in the City. Section Nine. The Student Liaison shall notify the City Clerk if he or she will not be able to attend a City Council meeting, and arrange for the Alternate to attend in his or her place. Section Ten. Upon recommendation of the Vice-President of UISG, or on initiative of the City Council, the Student Liaison may be removed by the City Council for any of the following reasons: a) two unexcused absences; b) failure to competently act as a liaison between the City and UISG; c) inappropriate behavior at Council meetings; d_). inappropriate behavior outside of Council meetings that is detrimental to the interest of the students and the City. Section Eleven. The Vice-President of the UISG shall begin interviews for the position of Student Liaison and Alternate on a schedule that allows an opportunity for the City Council to make appointments not later that May 1, 2005. The Vice-President of the UISG shall act as the interim Student Liaison, and his designee as Alternate, until May 1, 2005. Section Twelve. The Student Liaison and Alternate shall serve a term of one year, from May I to May 1 of each year. Passed and approved this 22nd day of Mar , ~005 A~roved by MAYOR City Attorney's Office CITY CLERK Eleanodres/studentliaison Resolution No. 05-124 Page 3 It was moved by Bai ley and seconded by t4i 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION FOR APPOINTMENT OF A STUDENT LIAISON TO THE COUNCIL OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the of Iowa City, Iowa desires to establish good cc ;ations with the Government of the ;nt Body and with the students of the Universi Iowa in order to better identify issues of com on concern to students and the City; and WHEREAS, it is wed that the appointment of a persc serve as a designated student liaison to the City will serve to improve between the University of Iowa Student Government and the City of Iowa City. NOW, THEREFORE, BE IT by the City Council City, Iowa that: Section One. The Iowa City Council shall )oint a person registered as a full-time student at the University Iowa to the of non-voting ex-officio Student Liaison to the Iowa City City Council. Section Two. The Student Liaiso nated alternate, shall attend every meeting of the Iowa City City Council including Cou sessions. Section Three. The Iowa City City uncil shall set aside time at each Council work session for the Student Liaison to give a re student-city relations, if necessary. Section Four. The Student Lia )rovide insight to the Iowa City City Council during its regular and special on relating to city-student relations or on any agenda item, speaking during the fir allowed fo~ )ublic comment, and at the time allotted for Council member comments. The Liaison ~all be in attendance at City Council work sessions. The Student sit with the at work sessions and formal meetings. Section Five. The Stu, Liaison shall provi information to UISG as directed by its Executive Council. Section Six. of persons to be the City Council as Student Liaison and Alternate shall be Vice-President of UISG or designee. The Alternate shall attend meetings of the. City City Council in place of th Student Liaison when the Student Liaison is absent fronT/the City, ill, or for some other unable to attend the City Council meeting. The Altern~ite shall become the Student Liaison in e event the person appointed as Student Liaison ceases to be a registered full-time student the University of Iowa, or is removed by resol.ation of the City Council. Section/Seven. The Vice-President of the UISG shall aonsible for advertising for the positions of Student Liaison and Alternate, creating an ,n form, facilitating resumes and cover letter collection and designing the interview and selection rocess. Section Eight. The criteria for selection of persons to be a as Student Liaison and Alternate shall be: a) a registered student, enrolled full-time at the University of Iowa whose address is also in the City of Iowa City, Iowa; b) a student with leadership, communication skills to serve, and applicable experience; c) a student whose schedule will permit the a to attend every meeting of the City Council, during July, and August; d) a student to serving in the interests of the relationship between the City of Iowa y, Iowa of the University of Iowa who live in the City. Section Nine. The Student iaison shall the City Clerk if he or she will not be able to attend a City Council meeting, arrange the Alternate to attend in his or her place. Section Ten. Upon recommel UISG, or on initiative of the City Council, the Student Liaison ma by the City Council for any of the following reasons: a) two unexcused b) failure to competentl a liaison between the City and UISG; c) inappropriate beh at C( meetings; d) inappropriate outs e of Council meetings that is detrimental to the interest of the City. Section Eleven. Ihe UISG shall begin interviews for the position of Student Liaison and Alter on a schedule mat allows an opportunity for the City Council to make appointments not that May 1, 2005. The Vice-President of the UISG shall act as the interim Student Liaison ~nd his designee rnate, until May 1, 2005. Section The Student Liaison an, shall serve a term of one year, from May 1 to May 1 Passed and a this day of__ 20 ~-)1-~ ~~ ATTEST: ~OR City AttormC/'s Office CI~CLERK Eleanor/res_/s,~dentliaison , March 22, 2005 Dear Iowa City Council Members, Concerning having a University of Iowa Student Liaison as a non-voting member of the City Council, I think that this would create an unworkable precedent as there are many other constituents in the City who might also want to be represented in this fashion. For example, students of Kirkwood Community College, Neighborhood Associations, the School District, the Board of Realtors, etc. I also have a concern that, though I appreciate the opinions of the students, and their voice should be heard, I do not think that they should have more influence on the City's matters (by being part of the City Council), than the more pe,manent residents of the City, especially as many students come from out of state, are here for 4 years, and then move out of state again As you know, the Neighborhood Council is working on a different proposal to have more communication and input between the City, the University and the Neighborhoods. University students would be a welcome and integral part of this proposal. In drawing up this proposal, successful examples from other Big Ten University/City entities are being considered. In considering this issue, I would hope that you would at least delay your decision until the Neighborhood Council proposal is complete. Thank you, Jean M. Walker 335 Lucon Drive Students should join community groups I admire UI students and their interest in having a liaison that represents them on the Iowa City City Council. In reading the UISG Constitution, there is already an apparatus in place through the government-relation committee to do so. I also know that UI students are the largest single constituency in the city and, by sheer numbers alone, could have every seat on the council if they chose to exercise their political power. What is generally lacking is the drive to do the work. Students do a great job of rallying around issues such as the nuisance ordinance or the bar-related ordinances, but they fail to take their beliefs past the here and now. City government makes decisions that have far-reaching outcomes and often are made based on history that precedes when the current students arrived. Students dial in, for the most part, for four to six years. What is a student's long-term vision for Iowa City? I agree with City Manager Steve Atkins' assessment that students, like the rest of citizens, should involve themselves in the city commissions or other public-interest groups to be heard and to have real power, as Brett Lord-Castillo did. As a person who leads an east Iowa City neighborhood association, I would be excited to have students join with other neighbors to address their needs. There are 28 neighborhood associations in Iowa City, and I'm sure any of them would welcome the contributions of the bright, articulate, and passionate students from Iowa's premier university. Garry Klein west Lafayette, lnchana Page 1 of 2 About Us Government Community Newsroom Visitors Relocating Here Links West Lafayette-Purdue University Community Issues Committee The Community Issues Study Committee was established in January of 2001 by then-West Lafayette Mayor $onya Margerum and Purdue President Martin Jischke to address "town and gown" issues. The 18-member advisory committee met 12 times between January and April, with more than 90 citizens participating. John Sautter, Purdue Vice President for Housing and Food Service, and Jan Mills, second district representative on the West Lafayette Common Council, served as co-chairs. The current co-chairs are Thomas Robinson, Purdue Vice President for Student Services, and Beverly Shaw, West Lafayette greenspace administrator, who took over for Mills when Mills became mayor in January of 2004. The committee established several principles that were thought to be keys to success, including: · A sense of community evolves from the contributions of many, and everyone with a vested interest in 'the community shares the responsibility for its success. · Active neighborhood associations can be key contributors to an attractive and caring community. · University students must be engaged in the city's neighborhoods. · Technology must be used more effectively for sharing timely information among city officials, university administrators and the community as a whole. This "town and gown" study focused on 3 areas: housing, neighborhood life and communication. Issues and possible solutions were outlined in each. At each meeting, presentations by university and city personnel provided necessary information. Below is a very brief synopsis of the study results. The entire report is available in the reference sections of the West Lafayette and Tippecanoe County Public Libraries. Housing The increasing use of single family homes for student housing has resulted in areas of high student density in neighborhoods and over-occupancy of some rental properties. The use has continued to deplete the supply of affordable housing for elderly and new families in the community. The committee urged strengthening the enforcement of housing codes and increasing staff. Communication and education are needed among all city residents, including homeowners, renters, landlords, realtors, and city and university staff. Purdue long-range development plans continue to be community concerns. Neighborhood Life There is a perception that the neighborhoods of West Lafayette and Purdue University lack a uniting "sense of community." A proactive and inclusive cooperation to promote and recognize quality living in the neighborhoods adjacent to campus should be the goal. Nuisance issues, such as noise, trash, parking, and traffic, and city staffing to deal with these issues, remain neighborhood concerns. Expanded bus service, maintenance of infrastructure, cooperative welcome and service programs, shared recreational facilities, continued educational programs and increased city staff were possible solutions. Communication A lack of information-sharing inhibits positive working relationships in the community. Timely information httv://www.citv.west-lafavette.in.us/communitv/communitvissues.html 3/22/2005 west Lalayette, Inchana Page 2 of 2 dissemination by the city and university should be the goat. Cooperative development of resource booklets and Web sites are needed. The Community Issues Study Committee should continue to meet on a regular, long- term basis. Neighborhood associations should be used to establish working relationships with student organizations. Community Issues Committee Members Co-chairs: Tom Robinson, Vice President for Student Services, Purdue University Beverly Shaw, Greenspace Administrator, City of West Lafayette West Lafayette team Purdue University team John Basham, landlord/developer Joe Bennett, Vice President for University Relations Neelam Datta, Purdue undergraduate student Steve Dietrich, Purdue Police Depadment Joe Hornett, Senior Vice President/Treasurer, Purdue Will Greubel, Director of Greek Relations Research Foundation C_ad Gr~iffi0, Co-Chair. New Chauncey Neighborhood Assoc./2nd district representative, Sravanthi Konduri, graduate student City Council Wyatt Hornsby, West Lafayette public Matt McDowell, undergrauduate student information officer Gale Kvam, board member, West Lafayette Matt Morgan, President, Purdue Student Government Community School Corp. -- Daniel Ma~ig, West Lafayette Police Chief Mike Piggg_tt, Director of Community Relations John Sautter, Vice President for Housing and Food Patti O'Callaghan, City Council Services Carol Shelby, Senior Director of Environmental Health Paul Reales, Boilers Living Off Campus and Public Safety Andrea Wellnitz, West Lafayette High School Youth Council About Us I Government I Community [ Newsroorn IVisitors I Relocatim3 Here I Links Copyright © 2004 City of West Lafayette, All Rights Reserved. City of West La[ayette, Indiana City Hall, 609 W Navajo West Lafayette, Indiana 47906 w,,wv, cit y.west-lafayette.in, us http://www.citv.west-lafavette.in.us/communitv/communitvissues.html 3/22/2005 Date: March 10, 2005 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Resolution for Appointment of a Student Liaison to the City Council At your direction, I have prepared a resolution for appointment of a student liaison to the City Council and placed it on your March 22, 2005 agenda. As I noted at your meeting, the resolution is patterned after the Ames resolution with some changes. I have met with University of Iowa Student Government Vice President Jason Shore to discuss a few of the specifics. He has reviewed the resolution that is on your agenda and finds it to be acceptable to Student Government. Please note the following: 1. The Ames resolution requires that the student liaison be a part-time student. The resolution on your agenda provides for the position to be filled by a full-time student. 2. The Vice President of Student Government as opposed to the President will be in charge of selecting the student liaison and alternate to be recommended to the City Council for appointment. The selection process will be left in the hands of the UISG except for the criteria which are broadly outlined in Section 8 of the resolution. The City Council has the ultimate appointing authority and removal authority. While Student Government's initial proposal provided that removal could not occur in the absence of agreement by Student Government and 2/3 of the student body, I told Jason that I thought it was necessary for Council to have the sole authority to remove if it thought removal was necessary to the functioning of the body. 3. The term of the liaison and alternate will run from May 1, 2005 to May 1, 2006 and for one year terms thereafter. 4. You had some discussion about including a sunset clause in the resolution but it was not clear to me what the majority of Council preferred. We can discuss this at the work session and revise the resolution for Tuesday night if Council wants to add a sunset clause. Please call me if you have any questions. cc: Steve Atkins Dale Helling Marian Karr Jason Shore, Vice President UlSG eleanor/mem/stu dent_liaiso n.doc Page 1 of 1 Marian Karr From: John & Sandra Hudson [John. Sandra. Hudson@att. net] Sent: Friday, March 18, 2005 5:30 PM To: cou ncil@iowa-city.org Subject: Student liaison To: City Council of Iowa City Re: Student liaison up for vote Friday March 18, 2005 Iowa City Press-Citizen We are pleased to see that the City Council is one vote short of setting a precedent that would permit a "special interest" group to hold an ex officio seat on City Council. From our perspective, to set aside time during work sessions to hear a regular report from a special interest group, and to permit that special interest group an opportunity to participate in discussions at work sessions, creates undue influence, which is not formally available to every Iowa City citizen. Is it your intent to create two classes of citizenship? If the objective of the liaison is to open channels of communication, those channels should not be an exception to the channels available to all Iowa City citizens. If university students want a seat at the City Council table, encourage them to follow the democratic process and elect a candidate to the Council. If an exception is made for University of Iowa students, then ~vhy not others? If others, what others? Kirkwood Community College students? High School students? Senior Citizens? Ethnic groups? Neighborhood Associations? Business owners? The Downtown Association? The Chamber of Commerce? Developers? The University itself?. Where does it end? We respectfully request that the City Council defeat the motion that would result in ex officio members of City Council. John and Sandra Hudson 782 Westside Drive Iowa City IA 52246 319-341-7166 3/21/2005 March 22, 2005 Dear Iowa City Council Members, Concerning having a University of Iowa Student Liaison as a non-voting member of the City Council, I think that this would create an unworkable precedent as there are many other constituents in the City who might also want to be represented in this fashion. For example, students of Kirkwood Community College, Neighborhood Associations, the School District, the Board of Realtors, etc. I also have a concern that, though I appreciate the opinions of the students, and their voice should be heard, I do not think that they should have more influence on the City's matters (by being part of the City Council), than the more permanent residents of the City, especially as many students come from out of state, are here for 4 years, and then move out of state again As you know, the Neighborhood Council is working on a different proposal to have more communication and input between the City, the University and the Neighborhoods. University students would be a welcome and integral part of this proposal, in drawing up this proposal, successful examples from other Big Ten University/City entities are being considered. In considering this issue, I would hope that you would at least delay your decision until the Neighborhood Council proposal is complete. Thank you, Jean M. Walker 335 Lucon Drive