HomeMy WebLinkAbout2005-04-19 Resolution Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-138
RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC
HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR
MAY 3, 2005.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) implementing agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 145 South
Westminster Street, Iowa City; and
WHEREAS, a public housing program tenant has offered to purchase the home at 145 South
Westminster Street for the principal sum of $124,000, which is the appraised value of the
property; and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
145 South Westminster Street, Iowa City, Iowa, also known as Lot 86 in Oak Woods
Addition Part Two, to a public housing program tenant for the sum of $124,000.
2. A public hearing on said proposal should be and is hereby set for May 3, 2005, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, 10wa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Passed and approved this 19th day of April ,2005.
Approved by
CITY'Ct:ERK City Attorney's Office
Resolution No. 05-138
Page 2
It was moved by Champion and seconded by 0'Donnel 1 the Resotution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
Lehman
X O'Donnell
X
X Vanderhoef
X Wilburn
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-139
RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME
LOCATED AT '1905 CALIFORNIA AVENUE TO A PUBLIC HOUSING
PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR MAY 3,
2005.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) implementing agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 1905
California Avenue, Iowa City; and
WHEREAS, a public housing program tenant has offered to purchase the home at 1905
California Avenue for the principal sum of $121,000, which is the appraised value of the
property; and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
1905 California Avenue, Iowa City, Iowa, also known as Lot 9 in Part One Mount Prospect
Addition, to a public housing program tenant for the sum of $121,000.
2. A public hearing on said proposal should be and is hereby set for May 3, 2005, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
Passed and approved this 19th day of Apri 1 _ ,2005.
CITY C"L-ERK City Attorney's Office
Resolution No. 05-139
Page ?
It was moved by Champi on 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: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-140
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA.
WHEREAS, on September 11, 2002, the owner of 3410 Shamrock Drive executed a Second
Mortgage in the amount of $24,800 to secure a loan from the City for said amount as part of the
Tenant-to-Ownership Program; and
WHEREAS, the loan was fully paid on April 11, 2005;
WHEREAS, the owner also executed a Resale Agreement on September 11, 2002;
WHEREAS, the owner has met the obligations contained in the Resale Agreement; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien
for recordation, whereby the City does release the property located at 3410 Shamrock
Drive, Iowa City, Iowa from the Mortgage recorded on September 23, 2002, at Book
3384, Page 738, at the Johnson County Recorder's Office, and from the Resale
Agreement for Property Located at 3410 Shamrock Drive, dated September 11, 2002.
2. The City Clerk is authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, together with the attached
Release of Lien, said recording costs to be paid by the mortgagor.
Passed and approved this. 19th day of April ,2005.
· App~
CJTY"~LERK City Attorney's Office
Resolution No. 05-140
Page 2
Itwas moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X EIliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, lA 52240 (319) 356-5030
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 3410 Shamrock Drive, Iowa City, Iowa, and
legally described as follows:
Lot 449 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa, according to
the plat thereof recorded in Book 7, Page 36, Plat Records of Johnson County, Iowa,
excepting the following: Commencing at the northeast comer of said Lot 449, thence
southerly to the southeast comer of said lot, thence westerly along the southerly line of said
lot, 15.50 feet, thence northerly to a point on the north line of said Lot 449, which point is
27.23 feet westerly from the northeast comer of said lot, thence easterly 27.23 feet to the
place of beginning,
from an obligation of the property owner, Lynne E. Craddock, to the City of Iowa City in the principal
amount of $24,800 represented by a Second Mortgage recorded on September 23, 2002, at Book 3384,
Page 738, at the Johnson County Recorder's Office.
The City of Iowa City does hereby further release said property from an additional obligation of the
property owner, Lynne E. Craddock, to the City of Iowa City contained in the Resale Agreement for
Property Located at 3410 Shamrock Drive.
These obligations have been satisfied and the property is hereby released from any liens or clouds upon
title to the above property by reason of said prior recorded documents.
By:~ Ernest W. Lehman, Mayor
By:
City Clerk
Appr~
City Attorney's Office
STATE OF IOWA )
)SS,'
JOHNSON COUNTY )
On this /~] day of ~P~I t. ,2005, before me, the undersigned, a Notary Public in and for said County and 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 ,~rnest W. Lehman and
Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation,
by it and by them voluntarily executed.
'Commission Number ~s~?gl/ O~O'r~.~t~. ~'~
~ Mv Commission Expires /
[ -~. ~_ ~/~ | Notary Public in and for the State of Iowa
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-141
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY
LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA,
WHEREAS, on April 11, 2005, the owners of 3410 Shamrock Drive executed a Second
Mortgage in the amount of $29,500 to secure a loan from the City for said amount as part of the
Affordable Dream Home Program; and
WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the
requirements they must meet if they sell the home within fifteen (15) years; and
WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest to the attached Resale and
Occupancy Agreement.
Passed and approved this 19th day of Apri 1 ,2005.
Approved by
CITY'~LERK City Attorney's Office
It was moved by Champion and seconded by 0' Donnel 1 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
RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT
3410 SHAMROCK DRIVE
This Agreement is made between Yasser A. Gaber and Gehan A. Elgazar, husband and wife,
(hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (hereinafter
"the City").
WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they
offered to purchase from Lynne E. Craddock, a single person, the following-described real
property located in Johnson County, Iowa:
Lot 449 in Part Eleven Court Hill, an Addition to the City of Iowa City, Iowa,
according to the. plat thereof recorded in Book 7, Page 36, Plat Records of
Johnson County, Iowa, excepting the following: Commencing at the northeast
comer of said Lot 449, thence southerly to the southeast comer of said lot, thence
westerly along the southerly line of said lot, 15.50 feet, thence northerly to a point
on the north line of said Lot 449, which point is 27.23 feet westerly from the
northeast comer of said lot, thence easterly 27.23 feet to the place of beginning,
with a street address of 3410 Shamrock Drive, Iowa City, Iowa, (hereinafter "the property");
and
WHEREAS, the City had previously sold the property to Lynne E. Craddock through the Tenant
to Ownership Program; and
WHEREAS, as a condition of said sale, Lynne E. Craddock and the City entered into a Resale
and Occupancy Agreement whereby Lynne E. Craddock agreed that the property would be sold
to an income-eligible household if it was sold within 15 years, and it is in the public interest to
insure that the property remains affordable to families at or below 80% median income; and
WHEREAS, the City will provide Buyers with a $29,500 loan which will be secured by a second
mortgage on the property and will decrease the original mortgage amount so that the home will
remain affordable to families at or below 80% median income; and
WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and
WHEREAS, the City desires that the property remain affordable to subsequent low-income
purchasers for a period of not less than 15 years.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Buyers hereby agree and covenant that the property shall be owner-occupied by Buyers
for a period of not less than 15 years from the date of purchase, or until such time as the
property is resold. If the property is resold, Buyers hereby agree and covenant that they
shall comply with the remaining provisions of this agreement.
2. If Buyers pay off the second mortgage to the City in full prior to April 11, 2020, the
property shall remain owner-occupied by Buyers unless the property is resold consistent
with the provisions of this Agreement.
3. Prior to April 11, 2020, Buyers shall not lease any interest in the property.
4. The City's second mortgage in the amount of $29,500 shall become due upon resale of the
property, regardless of when resale occurs. If the property is resold, said second mortgage
shall be paid out of the sale proceeds. Buyers agree to pay City the full amount of said
second mortgage regardless of when resale occurs.
5. In the event Buyers wish to resell the property prior to April 11, 2020, the property must
be sold to an income-eligible household at fair market value. The City will determine
whether a prospective buyer qualifies as an income-eligible household, and the City must
approve all prospective buyers prior to resale of the property. The City will also
determine whether the sale price is fair market value, and the City must approve the price
before Buyers accept a purchase offer.
6. Should' Buyers desire to resell the property prior to April 11, 2020, they must
immediately notify the City of their intent to sell and must actively market the property.
7. If Buyers are unable to secure a qualified buyer within three months of providing the City
notice of intent to sell, the City may assist Buyer with mortgage payments, and the City
may become actively involved in the marketing of the property. Any and all mortgage
payments made by the City must be repaid to the City from the proceeds of the resale.
8. If resale of the property occurs prior to April 11, 2020, Buyers and City shall share the
appreciated value of the property. Appreciated value is the difference between the
purchase price of the property and its market value at the time of resale, less the
depreciated value of any improvements made to the house from the time of this
Agreement to the date of resale. The depreciated value of improvements will be
determined by an appraiser selected by the City. The percentage of appreciated value
received by the Buyers as a result of the sale depends on the number of years the Buyers
occupy the property prior to resale according to the schedule attached hereto as "Exhibit
9. If resale of the property occurs prior to April 11, 2020, Buyers agree to pay the City a
$300.00 administrative fee to reflect the City staff time incurred to facilitate the resale.
Buyers further agree that the $300 fee will be paid at the time of closing on said resale.
10. If Buyers are no longer able to continue making mortgage payments to the primary
bank/mortgage holder or fail to make mortgage payments for any reason, Buyers must
immediately notify the City. The City may then elect to take over the mortgage payments
until the property is sold. Any and all mortgage payments made by the City must be
repaid to the City from the proceeds of the resale. If Buyers cease making mortgage
payments, the City is entitled to receive 100% of the appreciated value of the property
from the date of this Agreement to the time of resale. At the City's option, Buyers will
grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second
mortgage to enable the City to resell the house to an eligible property owner.
11. This Agreement shall be an "obligation" of Buyers under Paragraph 2 of the second
mortgage. Violation of this Agreement by Buyers shall be an "event of default" under
Paragraph 15 of the second mortgage.
Signed this 19th day of Apri 1 ,2005.
BUYERS CITY OF IOWA CITY, IOWA
By: ~//~V' Ernest W. Lehman, Mayor
as~se?A. Gaber ~ BY:~~~~-n~
Gehan A. El Mariah K. Karr, City Clerk
EXHIBIT A
PERCENTAGE OF APPRECIATED
YEAR SOLD VALUE EARNED BY BUYER
1 5
2 10
3 15
4 20
5 30
6 40
7 50
8 60
9 70
10 80
11 80
12 80
13 80
14 80
15 100
Prepared by:Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-142
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA
CITY, IOWA.
WHEREAS, on March 28, 2000, the owner executed a Mortgage and Promissory Note
with the City's Housing Rehabilitation Program; and
WHEREAS, the terms of the loan are satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 924 Van Buren Street South, Iowa City, Iowa from a Mortgage and
Promissory Note, recorded April 7, 2000, Book 2930, Page 64 through Page 70 of the
Johnson County Recorder's Office.
Passed and approved this ]gth day of Apri] ,20 05
Apr~oved by
ATTEST: .~'I.~¢~-~' -~- ~/,~-~"/ ~q~,-k~ ~-('~-0~
CITY-CLERK ' ' City Attorney's Office
It was moved by Champion 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: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 924 Van Buren Street South, Iowa
City, Iowa, and legally described as follows:
Lot 19 in Block 2, in Page's addition to Iowa City, iowa, according to the recorded plat
thereof
from an obligation of the owner, Mara L. Stover, to the City of Iowa City represented by a
Mortgage and Promissory Note recorded April 7, 2000, Book 2930, Page 64 through Page 70
of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
up°n title to the ab0ve pr°perty bY reas°n °f said pri°r recor~'~.~
rv~a~'b R
Approv~~
ATTEST: "~(,,~,-~e..~_.J ,,'~'", ~ ~:''-(~) -rjr,-
CITY CLERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~' day of '~-~//---- , A.D. 20 0-,5- , before me, the undersigned, a
Notary Public in and for said County, in said State, 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 corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. o$-I~/./.adopted by the City Council on the /~' day ,~J:~P~
,20 O~ and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdrehab\ .tel Notary Public in and for Johnson County, Iowa
JS O~'I~A E FORT
ICommission Number 1597911
F~l~'i My Commiss,on Expires /
[-; ~ $-'7- o4,
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 05-143
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND WELLS FARGO BANK, N.A., CORALVlLLE, IOWA
FOR PROPERTY LOCATED 1904 HANNAH JO COURT, IOWA CITY, IOWA,
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total
amount of $48,000, executed by the owner of the property on August 23, 1996, recorded
on December 20, 1996, in Book 2202, Page 156 through Page 160 in the Johnson
County Recorder's Office covering the following described real estate:
Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat
thereof recorded in Book 34, Page 39, Plat Records of Johnson County, Iowa.
WHEREAS, Wells Fargo Bank, N.A. is financing a mortgage for $107,648 to Kathie A.
Hankemeier and is securing the loan with a mortgage covering the real estate described
above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of Wells Fargo Bank, N.A. secured by the proposed mortgage in order to induce
Wells Fargo Bank, N.A. to make such a loan; and
WHEREAS, Wells Fargo Bank, N.A. has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Wells Fargo Bank, N.A.; and
WHEREAS, there is sufficient value in the above-described real estate to secure said
lien as a second lien, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Wells Fargo Bank, N.A.,
Coralville, Iowa.
Passed and approved this. 19th day of Apri 1 ,20 05
MAYOR
Approved by
CITY'CLERK City Attorney's Office
Resolution No. 05-143
Page ?
It was moved by Champion and seconded by 0'Donnel 1 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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Wells
Far.qo Bank, N.A., Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mort~aqe which at this time are in the
amount of $48,000, and was executed by Greater Iowa City Housinq Fellowship (GICHF)
(herein the Owner), dated AuRust 23, 1996, recorded December 20, 1996, in Book 2202, Page
156 thru Page 160, Johnson County Recorder's Office, covering the following described real
property:
Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat thereof
recorded in Book 34, Page 39, Plat Records of Johnson County, Iowa,
WHEREAS, the Financial Institution proposes to loan the sum of $107,648 on a promissory note to
be executed by the Financial Institution and Kathie A. Hankemeier, securing a mortgage covering
the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort~acle
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination, The City hereby covenants and agrees with the Financial Institution that
the above noted Mort(~a~e held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration, The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage, The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortqac~e of the City.
SUBORDINATION AGREEMENT PAGE 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY' )
On this IIo(:~L day of i(~'?':LJ , 20 ~)~" ,before me, trhe
.undersigned, a,.Notary Public in and for the State of Iowa, personally appeaed
,~ '~ 5OJl¥~¥~J(' ,_to me,pe~sonally,~q~, w~ b~n~b~ me duly sworn, did ~ay tha~
he'she is the '~~~l~ of I~J~~,~ , that said ins~rumem
~was sigGed on' behalf-~ ~r~Tati0n by ~ho~i~of ~ts ~ard of Directors; and that said
~ ~, ~~ acknowledged the execution of said instrument to be the volunta~
act and d~f said ~rporation, by it and by him/her voluntarily executed.
~.~bli~ and for the S~ of Iowa
COUM SS O ,U
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 19th day of Apr11 ,20 05
CITY OF IOWA CITY FINANCIAL INSTITUTION
Attest:
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ! q day of /21 lc'Ri ~ ,20 b5 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared IE¢~i.~&-/L LL). L~/~r~¢,~ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained inJ,.Qr:~ce)
(Resolution) No. OS-1¢25 passed (the Resolution adopted) by the City Council, under Roll Call
No., ~ _ of the City Council on the ~ day of ~P~-- ,20 o~ ,and
that' ~ bO, L,-~,L~¢,~ and Marian K. Karr acknowledged the execut-~ ~f the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
~ SOND~E FOR'r ~ Notary Public in and for the State of Iowa
Commission Number 159791~
My Commission Expires i
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, lA 52244, 319.339.6100
RESOLUTION NO. 05-144
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM COLLEGE ST BILLIARDS CLUB
WHEREAS, on February 19, 2005, an employee of College St Billiards Club, 114 E. College St.,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation College St Billiards Club was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, on April 8, 2005, College St Billiards Club waived its right to the heating
required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's
violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk
of the City of Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of College St Billiards Club within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of tight to hearing and
payment of $300.00 civil penalty on behalf of College St Billiards Club.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April lq, 7005
~i~ayor, C~ty of Iowa City
ATTEST: ~-~' ;~' ff~
City Clerk, City of Iowa City
Resolution No. 05-].44
Page 2
It was moved by Champi on and seconded by 0' Donne] ~1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Andrew Chappell, Assistant County Attomey, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-145
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM DUBLIN UNDERGROUND
WHEREAS, on February 19, 2005, an employee of Dublin Underground, 5 S. Dubuque St., Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a ~ninor; and
WHEREAS, at the time of this violation Dublin Underground was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, on April 6, 2005, Dublin Underground waived its fight to the hearing
required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's
violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk
of the City of Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of Dublin Underground within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Dublin Underground.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 19, 2005
l~yT>r] ~lSy of Iowa City' '
ATTEST:
City C'~I~k, City of Iowa City
Resolution No. 05_1~.5
Page 2
It was moved by £hampion and seconded by 0' rlonnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
Champion
--~ Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.. 05-146
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM TOBACCO BOWL
WHEREAS, on February 17, 2005, an employee of Tobacco Bowl, 111 S. Dubuque St., Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Tobacco Bowl was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 45~A.2(1), after a hearing and proper notice; and
WHEREAS, on April 12, 2005, Tobacco Bowl waived its right to the hearing required by
Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa
City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of Tobacco Bowl within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to heating and
payment of $300.00 civil penalty on behalf of Tobacco Bowl.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED:~
ATTEST: ~~ 7~'"- ~'"',~x.cff
City C"l-erk, City of Iowa City
Resolution No. 05-146
Page 2
It was moved by Champion and seconded by 0'Donnel 1 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: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-147
RESOLUTION ACKNOWLEDGING SERVICE OF THIRTY (30) DAY PERMIT
SUSPENSION AND ACCEPTING WAllER OF RIGHT TO HEARING FROM
WHATEVA WE CAN DELIVA
WHEREAS, on February 18, 2005, an employee of the establishment operating under the retail
cigarette permit issued to Whateva We Can Deliva, 511 Peterson St., No. 5, Iowa City, violated
Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees
or agents within a two-year period.
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa
Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a
suspension of its permit for a period of thirty (30) days the second time its employee violates
Iowa Code § 453A.2(1) within a two-year period, each after a hearing and proper notice; and
WHEREAS, on or about April 13, 2005, Whateva We Can Deliva waived its fight to the hearing
required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of
Iowa Code § 453A.2(1), by turning in its retail cigarette permit to the City Clerk of the City of
Iowa City to be held for a period of thirty (30) days in complete satisfaction of the civil penalty
required by Iowa Code § 453A.22(2); and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
acknowledge service of the thirty (30) day permit suspension on behalf of Whateva We
Can Deliva.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 19. 2005
ATTEST: ~~.,.,,.fl ;~. i..~
City Clerk, City of Iowa C'ty
Resolution No. 05-].47
Page 2
It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
% Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (ANN04-00001
RESOLUTION NO. 05-148
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 28oE 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 R.H. 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. 05-]4g
Page 2
N08o52'23"W, 60.00 feet, to a point on the Northerly Right-of-Way line of Olde Oak Lane; Thence
S81°07'37"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 19th day of April ,20 05 ·
/ city Att'OrneCs Office'~
ppdadm/reslAN N04-00001 doc
Resolution No. 05-148
Page 3
It was moved by 0'Donnel I and seconded by 6hampi on 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: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-00001)
RESOLUTION NO. 05-149
RESOLUTION APPROVING FINAL PLAT OF J JR DAVIS SECOND ADDITION, IOWA CITY,
IOWA.
WHEREAS, the owner, James R. Davis, Robed A. Davis, and Jan E. Smith, filed with the City Clerk
the final plat of J JR Davis Second Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Beginning at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth
Principal Meridian; Thence S00°08'54"W, along the East Line of said Southeast Quarter, 379.52 feet,
to its intersection with the Northerly Right-of-Way Line of Eagle View Drive; Thence N89o51'06"W,
along said Northerly Right-of-Way Line, 33.00 feet; Thence S47°50'33"W, along said Northerly Right-
of-Way Line, 29.68 feet; Thence N89o47'31"W, along said Northerly Right-of-Way line, 181.27 feet;
Thence Southwesterly, 356.23 feet, along said Northerly Right-of-Way Line, on a 533.00 foot radius
curve, concave Southeasterly, whose 349.63 foot chord beam S71°03'42"W; Thence S50o03'20"W,
along said Northerly Right-of-Way Line, 33.13 feet; Thence N81°50'57"W, along said Northerly Right-
of-Way Line, 52.69 feet, to its intersection with the Easterly Right-of-Way Line of Mormon Trek
Boulevard; Thence Northwesterly, 593.39 feet along said Easterly Right-of-Way, and a 1750.00 foot
radius curve, concave Northeasterly, whose 590.55 foot chord bears N26°03'50"W; Thence
Northwesterly, 135.10 feet, along said Easterly Right-of-Way Line, and a 549.00 foot radius curve,
concave Southwesterly, whose 134.76 foot chord bears N23°34'44"W; Thence N61°00'41"E, 696.87
feet; Thence S20°27'28"E, 247.05 feet; Thence N62°25'02"E, 298.84 feet, to a Point on the East Line
of the Northeast Quarter of said Section 20; Thence S00o17'32"W, along said East Line, 372.67 feet,
to the Point of Beginning. Said Tract of land contains 14.76 acres, and is subject to easements and
restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
Resolution No. 05-149
Page 2
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
ownedsubdivider.
Passed and approved this 19th day of April ,20 05 .
Approved by
CITY-CLERK City ,~ttor~'ey's Office
It was moved by Champ'ion and seconded by E]] i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
~ O'Donnell
× Vanderhoef
X Wilbum
ppd ad min\res\jjrdavis3rd.doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: SUB05-00001 J JR Davis Second Addition Date: April 7, 2005
GENERAL INFORMATION:
Applicant: James R. Davis, Robert A Davis
Jan Ellen Smith, c/o James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
Applicant's Engineer: MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Applicant's Attorney: Thomas Gelman
321 E. Market Street
Iowa City, IA 52245
Phone: 354-1104
Requested Action: Final plat approval
Purpose: An four lot commercial subdivision, with
one outlot reserved for future development
Location: East of Mormon Trek Boulevard, south of
Highway 1
Size: 14.76 acres
Existing Land Use and Zoning: Undeveloped, C1-1
Surrounding Land Use and Zoning: North: Airport property; P
South: Undeveloped; C1-1
East: Residential, Agricultural; County RS
West: Commercial & undeveloped; CH-1
Comprehensive Plan: The South Central District Plan identifies
this area as appropriate for intensive or
highway commercial development.
File Date: March 10, 2005
45-Day Limitation Period: April 24, 2005
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including property
on the west side of Mormon Trek Boulevard and properties owned by the Iowa City Municipal
Airport. The extension of Mormon Trek Boulevard and associated public utilities were recently
completed adjacent to this property, providing the infrastructure to support commercial
development.
This property is zoned C1-1, Intensive Commercial, which is a zone intended to provide for those
businesses characterized by outdoor display, storage and/or sales of merchandise, repair of
motor vehicles, and other operations conducted in buildings that may not be completely enclosed
such as contractor pre-assembly yards, hardware stores, etc. The C1-1 zone also allows office
uses. A preliminary plat was approved in November, 2004.
ANALYSIS:
Subdivision design
The subdivision consists of four lots accessed from two streets, Grace Drive and Eagle View
Drive. Grace Drive is a new collector street intended to continue to the east and south-east to
provide access to the property to the east, and to eventually connect back to Mormon Trek
Boulevard. Eagle View Drive is an existing chip-seal street that is proposed to be reconstructed
as a city local street. Old Dane Road borders the eastern edge of the subdivision. This is
proposed to remain a rural-design road at this time. As discussed during the approval process of
the Preliminary Plat, the legal papers should specify the developer / subdivider will be required to
contribute funds (1/2 the cost of reconstructing Dane Road) toward the future reconstruction of
Dane Road to city local street standards. This segment of Dane Road will be required to be
reconstructed at the time the property to the east is annexed to the City and is proposed for
development. Dane Road is to become a local / commercial urban street connecting Eagle -View
Drive and Grace Drive
Access control
Consistent with the preliminary plat, a note states that Lots 1, 3 and 4 will not have direct driveway
access to Mormon Trek Boulevard. This meets the City's access control policy of limiting access
to arterial streets, which has safety and traffic circulation benefits.
Storm water management
The storm water basin is located on the south-eastern side of this property, within a portion of
Outlot A. This basin serves the Carousel Motors property, and is adequate to serve this property
as well.
Airport / Federal Aviation Administration concerns
This subdivision is adjacent to the Iowa City Municipal Airport, which is in the design stage of
extending Runway 7 to the south west. Much of the northern portion of the subdivision is
affected by the 'Transitional Overlay' Zone of Runway 7, which is a sloping imaginary plane
sloping up from the sides of the Approach Overlay Zone. An airspace study for development
underneath the Transitional Overlay Zone will need to be approved by the FAA to ensure the
\\city1~t\jyapp$\subdivisions\Davis 2 Addition final.dOC
development does not penetrate the Transitional Overlay Zone, and to ensure the development
includes appropriate object markers and warning lights so pilots can differentiate between the
runway and the private development, particularly on rainy or foggy days. For example,
Carousel Motors on the west side of Mormon Trek Boulevard has red warning lights on its roof
and signs. Staff is recommending the airspace study for the infrastructure in this development,
specifically Grace Drive, be approved by the FAA prior to the construction plans being approved
by the City, and prior to Council consideration.
Water main and sanitary sewer extension fee
A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of
$3,986.12 / acre will be required. These fees are required to help off-set costs to the public for
extending water and sanitary sewer mains to developing property.
STAFF RECOMMENDATION:
Staff recommends that SUB05-00001, a final plat of J JR Davis Second Addition, a 14.76 acre,
four-lot commercial subdivision, be approved, subject to legal papers and construction plans being
approved prior to Council consideration.
ATTACHMENTS:
1. Location map
2. Final plat
Karin//F'ranklin, Director,
DeF'artment of Planning and Community Development
\\citynt\jyapp$\subdivisions\Davis 2 Addition final.dOC
CITY OF IOWA CITY ~
SITE LOCATION: Mormon lrok fillvci. & fia[llo V~ow Dr. SH~05-O0001
14,76 AC
Final Plat,
J JR Davis Second Addition
..... iffy Iowa
I
~~X~ ~ '" ~'' ~" ~ ~ /
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-00002)
RESOLUTION NO. 05-150
RESOLUTION APPROVING FINAL PLAT OF J JR DAVIS THIRD ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, James R. Davis, Robert A. Davis, and Jan E. Smith, filed with the City Clerk
the final plat of J JR Davis Third Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S00°08'54"W, along the East Line of the Southeast Quarter of said
Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00°08'54"W,
along said East Line, 585.37 feet, to its intersection with the Northeasterly Right-of-Way Line of
Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-Way
Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears
N52o00'04"W; Thence N02°44'08"E, along said Northeasterly Right-of-Way Line, 47.76 feet, to a
point on the Southerly Right-of-Way Line of Eagle View Drive; Thence N50o37'23"E, along said
Southerly Right-of-Way Line, 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly
Right-of-Way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord
bears N71o03'41"E; Thence S89°47'31"E, along said Southerly Right-of-Way Line, 181.27 feet;
Thence S47°34'07"E, along said Southerly Right-of-Way Line, 29.76 feet; Thence S89°51'06"E, along
said Southerly Right-of-Way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains
5.05 acres, more or less, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
Resolution No. 05-150
Page 2
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this ].gth dayof April ,20 05 .
Approved by
Cit rr~ey's ~ffice
It was moved by 0'Donnell and seconded by Vanderhoef 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
ppdadmin~res\jjrdavis3rd.doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: SUB05-00002 J JR Davis Third Addition Date: April 7, 2005
GENERAL INFORMATION:
Applicant: James R. Davis, Robert A Davis
Jan Ellen Smith, c/o James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
Applicant's Engineer: MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Applicant's Attorney: Thomas Gelman
321 E. Market Street
Iowa City, IA 52245
Phone: 354-1104
Requested Action: Final plat approval
Purpose: A 2-lot commercial subdivision
Location: East of Mormon Trek Boulevard,
south of Highway 1
Size: 5.05 acres
Existing Land Use and Zoning: Undeveloped, CI-1
Surrounding Land Use and Zoning: North: Airport property; P
South: Undeveloped; C1-1
East: Residential, Agricultural;
County RS
West: Commercial & undeveloped;
CH-1
Comprehensive Plan: The South Central District Plan
identifies this area as appropriate for
intensive or highway commercial
development.
File Date: March 10, 2005
45-Day Limitation Period: April 24, 2005
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including
property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City
Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities
were recently completed adjacent to this property, providing the infrastructure to support
commercial development.
This property is zoned C1-1, Intensive Commercial, which is a zone intended to provide for
those businesses characterized by outdoor display, storage and/or sales of merchandise,
repair of motor vehicles, and other operations conducted in buildings that may not be
completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The Cl-
1 zone also allows office uses. A preliminary plat was approved in November, 2004.
ANALYSIS:
Subdivision design
The subdivision consists of one lot accessed from Eagle View Drive, and one lot that is
proposed to be accessed via an access easement to an existing access point on Mormon
Trek Boulevard. On the preliminary plat Lot 1 was shown as being divided into two lots, but
staff feels this is a minor, insignificant change. The access easement to Lot 2, will need to
be recorded as part of the legal papers for the final plat.
The construction plans indicate Eagle View Drive will be reconstructed to city local street
standards. Dane Road, south of Eagle View Drive, is in the process of being vacated.
Because of existing utilities along the eastern edge of the subdivision, a utility easement is
shown on the plat.
Access control
Consistent with the preliminary plat, a note on the plat states that Lots 1 and 2 will not have
direct driveway access to Mormon Trek Boulevard. This meets the City's access control
policy of limiting access to arterial streets, which has safety and traffic circulation benefits.
Storm water management
The storm water basin is located on the south-eastern side of the J JR Davis Second
Addition property, on the north side of Eagle View Drive. This basin serves the Carousel
Motors property, and is adequate to serve the J JR Davis Second and Third Additions as
well.
Water main and sanitary sewer extension fee
A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of
$3,986.12 / acre will be required. These fees are required to help off-set costs to the public
for extending water and sanitary sewer mains to developing property.
\\citynt\jyapp$~subdivisions~Davis 3 Addition final.doc
STAFF RECOMMENDATION:
Staff recommends that SUB05-00002, a final plat of J JR Davis Third Addition, a 5.05 acre,
2-lot commercial subdivision, be approved, subject to legal papers and construction plans
being approved prior to Council consideration.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Final plat
4. Proposed access easement to Mormon Trek Boulevard
5. June 4, 2005 letter from Assistant Director Davidson regarding Mormon Trek Boulevard
access control
Karin,Franklin, Director,
Department of Planning and Community Development
\\cityr~t\jyapp$~subdivisions\Davis 3 Addition final.doc
SITE LOCATION: Mormon Trek Blvd. & Eagle View Dr. SUB05-O0002
Preliminary Plat
J JR Davis Second and Third Additions
Iowa City, Iowa
.- ~ ,: ,: :' ,~..::
.......
STmDARD ~ND AND NO~S
........___ l~~ -j ..
~ ~ = ~ ~ ~ ~ ~ ~ ---- ~CA~ON ~ NOT ~ SC~
Final Plat
J JR Davis Third Addition
..,,.- Iowa City Iowa ~_
LEGEND AND NOTES
ACCESS SASE and the POINT OF ~RMINA~. ne sid~in~ ol sold 50.00 f~t Access Eos~t
~ ~% 010 ~ ~ ~
...... ~ LEGEND~ AND NOTES
Oune 4, 2003
Dave Larson
277 Hickory Street
Kalona, IA 52247
Re: Access control plan for future Mormon Trek Boulevard extension between, Iowa Highway
1 and Dane Road
Dear Dave:
Pursuant to our several discussions this week, the following will provide guidance for you to use
in the platting of the Davis and Dane property along the Mormon Trek Boulevard extension
between Iowa Highway 1 and Dane Road. This letter is not intended to supplant any
requirements of the platting process; it is intended to indicate an access control plan that can be
supported by City staff. This letter references the concept plan you provided us dated 5/14/03.
Beginning at Iowa Highway 1, an access point may be located in the approximate vicinity of the
temporary access easement which has been granted to the Rock's Roadhouse property. This is
approximately 350 feet from the Iowa Highway 1 intersection; it should not be moved further
north. This may be a T intersection or a four-way intersection.
Proceeding south, an access may be located at the proposed street intersection shown on the
concept plan dated 5/14/03. This ma~, be either a T intersection or a full four-way intersection,
and should provide access to commercial lots in the vicinity. This access point is located
approximately 350 feet from the Rock's Roadhouse temporary access easement.
Proceeding south, an access point may be located opposite the proposed intersection of
relocated Dane Road. This would provide access to lots on the Davis property, including the
proposed lots 8 and 9 which shall not have direct access to Mormon Trek Boulevard. This
access point is located approximately 500 feet from the access point discussed in the preceding
paragraph.
Proceeding south, a four-way intersection is proposed at the location where Dane Road will be
intersecting Mormon Trek Boulevard Extended from the south. This will be a four-way.
intersection that also provides access to the Dane and Davis properties. This access point is
approximately 850 feet from the access point discussed in the preceding paragraph.
To conclude, three new access points are proposed between Iowa Highway 1 and the existing
alignment of Dane Road. These are to be three-way T intersections or full four-way
intersections, and all should be designed so that they could accommodate a traffic signal in the
future if warranted. A design should be used with separated left and through/right lanes on all
410 EAST WASHINGTON STREET ' IOWA CITY, iOWA 52240-1826 , (319) 356-5000 * FAX (319) 356-5009
access points exiting onto Mormon Trek Boulevard, There shall be no offset intersections. There
shall be no additional lot access to Mormon Trek Boulevard. Cross-access easements between
lots and street alignments within the subdivision will be determined during the platting process.
All items included in this letter are consistent with tt~e zoning code revisions being prepared for
the City Council,
Let me know if there are any questions,
Sincerely, ~
Jeff Davidson, Assistant Director
Depadment of Planning and Community Development
cc: Jim Davis
John Dane
Larry Schnitjer
Steve Atkins
Karin Franklin
Bob Miklo
Rick Fosse
Ross Spitz
Mitch Behr
Sarah' Holecek
ppdadm/Itrs/jd-la rson .doc
Prepared by: Sunil Terdalkar, Assoc. Pianner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243, (SUB05-0007)
RESOLUTION NO. 05-151
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF
ASHTON PLACE, IOWA CITY, IOWA.
WHEREAS, the subdivider, Casey Mahon, filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary and final plat of Ashton Place; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary and final plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and,
after due deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary and final plat conforms with all of the requirements of the City
Ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary and final plat of Ashton Place, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 19th day of Ap,~ . ,20 05...~_~/¢
~i~iAYOA
Approved by
It was moved by Bai 1 ey and seconded by Vande~'hoef 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
ppdadmin\res\ashton.doc
STAFF REPORT
To: Planning &Zoning Commission Prepared by: Sunil Terdalkar
Item: SUB05-00007 Preliminary and Date: April 07, 2005
Final Plat- Ashton Place
General Information:
Applicant: Casey Mahon
539 Normandy Drive
Iowa City IA 52246
Contact Person: Glen Meisner
MMS Consultants, Inc
1917 S Gilbert St,
Iowa City, IA 52240
Phone: (319) 351-8282
Requested Action: Approval of preliminary and final plat of "Ashton
Place", a subdivision of approximately 2.62
acres modifying boundaries of the two parcels
involved.
Purpose: Transfer of part of land parcel to the applicant,
resulting in the change of property areas.
Location: West of Normandy Drive and North of Park
Road. West Boundary of the property is along
the Iowa River.
Size: Existing: Lot 1 - 2.27 acres; Lot 2 - 0.35 acres
Proposed: Lot 1 - 1.82 acres; Lot 2 - 0.8 acres
Existing Land Use and Zoning: RS-5 - Single Family Residential
Surrounding Land Use and Zoning: North: Single Family Residential- RS-5
South: Single Family Residential- RS-5
East: Single Family Residential - RS-5
West: Iowa River
Comprehensive Plan: The area is designated for the development of
residential 2-8 dwelling units per acre.
File Date: March 17, 2005
45-Day Limitation Period: April 1, 2005
60-Day Limitation Period: May 16, 2005
Background Information
The applicant, Casey Mahon, has submitted an application for a subdivision that would change
the areas of two parcels of land. Both parcels are currently zoned RS-5 - Single Family
Residential and have single family structures. The Applicant would like to acquire approximately
19,334.69 sq. ft. (approximately 0.45 acres) of land from the adjoining property at 820 West
Park Road and create a single parcel of an approximate area of 0.8 acres.
Subdivision Analysis:
The subdivision is essentially a 'Boundary Line Adjustment' and the proposed reconfiguration
would not create any new parcels. It will provide Lot 1 with access to the Iowa River. Lot 2 is
currently a non-conforming lot as it does have the minimum lot width of 60 feet (the lot width is
measured 20 feet form the street right-of-way). In this case the lot width is technically only 36.7
feet. At a point 149 feet from Park Road the lot widens to over 250 feet. Flag lots, such as this,
are not permitted by the zoning code. However, the proposed lot line adjustment will not make the
property less conforming. With this one exception, both parcels resulting from this
reconflguration will be in general compliance with other zoning code and subdivision
regulations.
The subdivision includes some sensitive areas - Potential Wooded Wetland - along Iowa River.
With the proposed boundary line adjustment most of the sensitive area will be part of 539
Normandy Drive. The Property at 820 Park Road is also registered as Iowa City Historic
Landmark. Because no development activity is proposed, in staff's view, the subdivision will have
no major effect on these conditions.
Subsequent use the parcels will not change or and there will not affect the traffic load or the
atmosphere of West Park Road or Normandy Drive in any way.
Staff Recommendation:
Staff recommends that the applicvation be deffered until the deficiencies and discrepancies are
resolved. Upon resolution of these items staff recommends that SUB05-00007, Ashton Place, a
2-lot residential subdivision of approximately 2.62 acres, located at 539 Normandy Drive and
820 Park Road to create new property boundaries, be approved subject to legal papers be
approved by City Attorney's Office.
Deficiencies and Discrepancies:
1. Existing structures, lot lines, lot areas are not shown on the plat layout
2. Existing utility easements are not shown on the plat layout
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:\PCD\Staff Reports\SUB05-00007 Ashton Place.doc
RS5 !~
SITE LOCATION: 820 W. Park Rd. & 539 Normandy Dr. SUB05-00007
~' PRI INARY AND FINAL PLAT ·
_~SHTON PLACE
CITY OF IOWA CITY
JOHNSON COUNTY, IOWA
MM~ ~ON~IJI.TAIf~ IM~. M~ · ~ ~KC~EY M~N C~ ~ B~OAT~STCO~R~A~CTOFL~IDE~Hm~CTB
I~ ~ g[~ ~. ~ ~ P~ ~ ~ ~ANDY D~ P.O, ~X 14~ ~co~s ~ ~ ~N ~Y ~CO~E~ ~D
/
.............. ~ ~~ ~-~ 1:~
LOT E
i~: :-~ ':-:~.~
~ ~ PARK ROAD
~ t ,1~,1 ~ ~ ,( ~ ~ PR~UMINARY AND FINAL P~T Y~Y ~ ~~, x .TII I.I
City of Iowa City
MEMORANDUM
April 1,2005
To: Planning and Zoning Commission
From: Karen Howard -Associate Planner
Re: Zoning Code Open House Sessions
Thank you to those of you who attended and helped with the Zoning Code open house
sessions. Approximately 30 people attended the sessions. While we hoped for a larger
attendance, those that did attend seemed to appreciate the opportunity to ask questions
and discuss the proposed code in an informal one-on-one basis.
During the sessions we received a number of written comments using the comment
sheets that we provided. These comment sheets have worked well so far in providing
citizens an avenue to express their views about the proposed code that will become a
part of the public record for the project. Following is a summary of the written comments
received.
· Comment supportive of the multi-family site development standards and of efforts to
encourage dispersing multi-family housing rather than having concentrated areas.
· A suggestion for setting an effective date for the new ordinance rather than having
the new code adopted immediately after the final vote of the Council.
· A concern was expressed about changing the damage and destruction clause for
nonconforming properties.
· 105 comment sheets were returned expressing concern about changing an
emergency homeless shelter use from a special exception to a provisional use in the
C1-1 Zone. The level of concern about this particular issue is related to the recent
approval of a special exception for the homeless shelter in a C1-1 Zone that is near
existing residential development. Litigation is pending regarding this approval.
· Request for the commission to consider allowing small stealth cell towers in the CN-
1 Zone. Some photos of such towers were submitted, including cell towers
camouflaged as parking lot light poles and as flag poles.
· Opposition expressed to the proposal to disallow duplexes on interior lots in the RS-
8 Zone due to concerns about restrictions being placed on existing duplexes that
would become nonconforming and about inability to develop duplexes in the future
on these interior lots.
· Support was expressed for design review for the redevelopment of properties in
existing neighborhoods.
· Two comments were received about future redevelopment proposals for the Neuzil
property. Concern about concentration of apartments in the area.
· Question about whether windmill power generators would be allowed and under
what conditions.
· Question about whether sleeping accommodations could be considered an
accessory use to an animal hospital, similar to overnight accommodations for staff
for human hospitals.
· Concern about houses located in the CB-2 Zone not having enough parking for
residents.
· Suggestion to add more incentives for re-use of historic properties, similar to how it
is done in Eugene, OR.
At this point, the Commission may want to consider setting a date for the first public
hearing. Once you have settled on a date and time for that meeting, we will send out
notice to all those who have signed up to be on the mailing list for the project.
I will not be in attendance at your meeting next week, but call me or send me an email if
you have any other questions.
52.483
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON County, iowa:
The City Council of Iowa City in said County/Counties met on 4/19/05
,at the place and hour set in the notice, a copy of which accompanies this certificate and Js certified as to
publication. Upon taking up the prol~osed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No. 05-152
A RESOLUTION AMENDING THE CURRENT BI.;ID~ET FOR THE FISCAl. YEAR ENDIN~ JUNE: 20.0.5
(AS AMENDED LAST ON N/A _.)
Be it Resolved by the Council of the City of~l'owa City
Section 1. Following notice published 4/8/05
and the public hearing held, 4/19/05 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Taxes Levied on Property 1 34,793,489 0 34,793,489
Less: Uncollectted Property Taxes-Levy Year 2 (] 0 0
Net Current Property Taxes 3 34,793,489 0 34,793,489
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 608,69¢ 0 608,690
Other City Taxes 6 1,339,748 61,664 1,401,412
Licenses & Permits 7 1,161,612 23,889 1,185,501
Use of Money and Property 8 1,497,72(: 844,551 2,342,271
Intergovernmental c~ 27,705,63( 951,729 28,657,367
Charges for Services 10 36,877,871 -832,576 36,045,29~
Special Assessments 11 0 0 C
Miscellaneous 12 3,524,280 755,182 4,279,462
Other Financing Sources 13 46,228,451 9,899,873 56,128,324
Total Revenues and Other Sources 14 153,737,499 11,704,312 165,441,811
Expenditures & Other Financing Uses ii !i il ii }iii !i ! :[ ~ii~[ i ii!ii i ii i! il ii ii ii iii i!ilil i i?i ?i }i iii!i ?i ii !i ii ii i iiii ii ii il i
Public Safety 15 14,990,023 641,004 15,631,027
Public Works 16 9,348,494 435,63(: 9,784,124
Health and Social Services 17 0 £ 0
Culture and Recreation 18 9,233,185 462,409 9,695,594
Community and Economic Development 19 8,224,276 2,455,806 10,680,082
~eneral Government 20 6,661,074 -95,386 6,565,688
3ebt Service 21 11,272,659 3,780,042 15,052,701
Dapital Projects 22 19,005,600 5,092,919 24,098,519
Total Government Activities Expenditures 23 78,735,311 12,772,424 91,507,735
Business Type / Enterprises 24 40,116,387 4,398,709 44,515,096
Total Gov Activities & Business Expenditures 25 118,851,698 17,171,133 136,022,831
Transfers Out 26 39,392,451 9,076,704 48,469,155
Total Expenditures/Transfers Out 27 158,244,14c~ 26,247,837 184,491,98~
[Under) Expenditures/Transfers Out Fiscal Year 28 -4,506,65(: -14,543,525 -19,050,17,~
Continuing Appropriation 29 C N/A 0
Beginning Fund Balance July I 3£ 109,255,99~ -444,428 108,811,570
Ending Fund Balance June 30 31 104,749,348 -14,987,953 89,761,395
Signature Signature
City ClerYJFinance Officer Mayor
Resolution No. 05-152
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:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 05-153
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005
DAVENPORT STREET WATER IMPROVEMENTS 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 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 City Clerk, atthe City Hall, until 10:30 a.m. on the 10th day of May, 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 17th
day of May, 2005, 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 19th .day~,2005./) /~
~ayor
City'Clerk C~y""A~'t'~ ('n"e~ s- 0 ffi c e -
I ~ '~ ''~' I 04-19-059 I
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 05-154
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE
IMPROVEMENTS 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 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 City Clerk, at the City Hall, until 10:00 a.m. on the 10th day of May, 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 atthe Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 17th
day of May, 2005, 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 19th day of April ,2005,
Mayor
Approved by:
City'"Clerk ' ~'it"~A'~o~n ey~ office
Resolution No. 05-154
Page 2
It was moved by Vanderhoef and seconded by 0'Donnel 1 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: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 05-155
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2006 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
We, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to apply
for financial assistance as noted below and to enter into related contract(s) with the Iowa
Department of Transportation.
From the State Transit Assistance Program:
3.452701% (approximately $370,245) of Formula Funds
From federal capital and operating assistance for transit:
$4,018,600
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non-federal funds to provide required local
match for capital projects and at time of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Passed and approved this ].gth day of Ap~'il ,20 05
CITY~LERK Cit~ ~tt'ornEy's~O ce
jccogtp/res/sta-app.doc
Resolution No. 05-155
Page 2
It was moved by Champi on and seconded by Bailey 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: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-156
RESOLUTION ASSESSING $300.00 C1VIL PENALTY AGAINST CIGARETTE
OUTLET # 18
WHEREAS, on February 15, 2005, an employee of Cigarette Outlet #18, 1901 Broadway, No. 3,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Cigarette Outlet # 18 was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Cigarette Outlet #18 and at said hearing the City Council heard the facts
of the violation and the arguments of the permitee, if any; and
WHEREAS, this violation is the first such violation of an employee of Cigarette Outlet #18
within a two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Cigarette Outlet #18.
BE 1T FURTHER RESOLVED, that said retail cigarette permitee has sixty (60) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permitee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 19, 2005
City C'Ibrk, City of Iowa City
Resolution No. 05-].56
Page 2
It was moved by Vanderhoef and seconded by Champion 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
CERTIFICATE
I, Lodema B~erk~eL~2L_., Clerk of the Distric'~
Court of the State of iowa, in a nd for Johnson
Count, do hereby certi~ that this is a true and
complete copy of the Original fftsttument(s)
filed in this
office consisting of [ ~ages.
IN TESTIMONY WHEREOF, I have hereunto
~ my hand and affixed the Sea~]~..~,~ottrt j COMPLAINT F1 RES ~ON-RES
at my ofl~ice ill iowa Ciw, Iowa t hi~[~7~,.~18, ~1 iOWA uNn~'ORM CIT^TION AND COMPLAI~rr Fl HIS _zI~ON-HIS
Of /-~3¥ jJ ~=t~.~)r~ J IOWA OITY POLICE DEPARTMENT ARMED FIYESlt~'NO
' LODEMA BERK,L~LAi;,;T~ INC ,*' ~ 005 ~ 6'5'O?~'~ ....
Cer o ' '
~J ~-~ity o;. IOWA CITY
In lite COUlt at 417 S. CLINTON STFIEET, ,JOHNSON COUNTY COURTHOUSE
NAME[ o ,,z4: First Middle
De[endant, Last
Address / ~ 5/&
City ~/~W~- ~ ~ ~' State ~
~DL# ,5'°~ ~"~' ~ZZ~ State~Co.~ ~'~
DL Class DL End DL Rest.
DOB /O[/Z[7~Race ~ Sex ~ Hr.
~e undersigned states that on or about ~ ]/q~ ] ~'~ at /~/O D AM ~M
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle~oat (describe)
CMV ~Yes ~No HazMatPlac.~q. DYes ~No USDOT~
Reg. g
Upon a public highway at;~--f-: ~-~ ~ O~T~ /~O/
Located in the county and state aforesaid and did ~en ~d there comet the following offense:
~ Traffic ~ Navigation ~ Snowmobile/^TV ~ish-G~e ~ Parks
~ Scheduled Vk,/Eine $ /~O ~ ~'~ad ( ~-uci on Zone
~ ~ O~Ndn-Sch~uled Violam n
Surch~ge $ -~O~.~ ~"~'~p: A?i~cc ~Tc'quirc [
court costs $ ~ 7 ~ ~'P.1, ~ P.~($~) Accident
, ~Va~l Acc~t
~ ] ~ ~,~ ~U Da~ Assessment
Violation ff~O ~'~ g, ~q ,~ ~t~c ~- 0
Speed In Zone-Sec. ff ~ ) . ~ ~ IA Code
DATA CODE FeWAdm. Code Local Ord
I ce~ify under penalty of perju~ and pursuant to the laws of ~e State of Iowa that the
preceding is tree and cogect. ~/~~
(7otto Date: If you must appear in court or if you choose to ap~ to answer a charge
which d~s not require an appemance re~he a~ve nmed cou~ on:
Mo Day Yr.
NC) FI('E: Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
My ~i,gnamm Ltl w s c, p c ofguill5 but ackno~dedgc: all ol thc fotkming:
The following applies u) simple misdemeanors only: ~/'~ dollms and enter my written
amount of my appe~ance bond in satisfaction of the ~nalty and surch~ge plus court costs.
M;STRAC*T OF COURT RECORD
C(.)L RT NO. C ASF. N()
I ) ( )C K t?.'T N(), C A S E
t.tCENSE NO ................... S l'All:, flu OTHERI°WA
FORI,EIT BOND ~ BAIL CASH DEPOSIT ____
URY TRIAl, D Pl EA VERDt(I
3 UII..TY ['3 Gl. I1.TY
NO JURY TRIAL NOT OUtLTY [-] NOT GUILTY
PROCEEDING U ~ DISMISSICD
OTItER DISPOSITION
.7 _/Z? / 04-
The Cot*ri Therefoye Emer:-. In, Following Order This Dale ~
FINED $.__~'~_~_ SUF~CHARGE
None Schoo~ Susp Da3s Re~o
Drix e~ s [.icense
Recommendation D
DATE: Continued m: ~SO~
DALE: Cominued to:
DXn:~: WARRANT 1SS [LUl!
[ SX~ EAR~' ~tE FOR( iO1NG CITATI()N IS TRUE AND CORRECT.
(SIGNA I'URI¢)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-157
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM COLONIAL LANES
WHEREAS, on February 17, 2005, an employee of Colonial Lanes, 2253 Old Highway 218,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Colonial Lanes was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, on April 19, 2005, Colonial Lanes waived its right to the heating required
by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of
Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of
Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of Colonial Lanes within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to heating and
payment of $300.00 civil penalty on behalf of Colonial Lanes.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 19, 2005
ATTEST: ~~ ~ ~{f~_.x4.~
City'L-'lerk, City of Iowa City
Resolution No. 05-157
Page 2
It was moved by Bai le,y 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
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.00 CI COLONIAL
WHEREAS, o'~xFebruary 17, 2005, e 2253 Old Highway 218,
Iowa City, violat~ lowa Code § 453A.2(1) by selling or tobacco to a minor; and
WHEREAS, at the ti/~ of this violation Colonial n I under a retail cigarette
permit issued by the Cih4xof Iowa City; and /
WHEREAS, pursuant to Io'~a Code § 453A.22(~ a esl ;hment which holds a retail cigarette
permit shall be subjected to bxcivil penalty of $31 ~) as of its employee violating Iowa
Code § 453A.2(1), after a heabing and proper and
WHEREAS, a hearing was held a this date the City Council to determine whether to assess
the civil penalty against Colonial said hearing the City Council heard the facts of the
violation and the arguments of the if any; and
WHEREAS, this violation is the first s of an employee of Colonial Lanes within a
two year period to be considered by ' Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the I against Colonial Lanes.
BE that ci has sixty (60) days from the
date of this Resolution to civil if the civil penalty is not timely paid
the retail ci permitee shall be suspended for a period of
fourteen (14) days, in to the $300.00 civil'
BE that the City Clerk will a copy of this Resolution to the
Johnson County Atto~ Office, which will then ' of the same to the retail
cigarette p regular mail sent to the . place of business as it appears
on the application f~ a retail cigarette permit.
/
PASSED AND A/PPROVED:
Mayor, City of Iowa City
ATTEST:
City Clerk, City of Iowa City
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-158
RESOLUTION ASSESSING $300.00 C1VIL PENALTY AGAINST JORDAN
VALLEY MARKET
WHEREAS, on February 15, 2005, an employee of Jordan Valley Market, 702 S. Gilbert St., No.
107, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Jordan Valley Market was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Jordan Valley Market and at said hearing the City Council heard the facts
of the violation and the arguments of the permitee, if any; and
WHEREAS, this violation is the first such violation of an employee of Jordan Valley Market
within a two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Jordan Valley Market.
BE IT FURTHER RESOLVED, that said retail cigarette permitee has sixty (60) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the perrnitee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: April 19~ 2005
c'I'~ay'6f,-City of Iowa City
ATTEST: 57~~ ~ ~A/'~'~.~j
City Clerk, City of Iowa City
Resolution No. 05-].58
Page 2
It was moved by Champi on and seconded by Bai 1 ey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
~,::~ ~o i$c~Z'L C!erk of tho District
Cou, t of t?v~ ~state of k~w~,, ,n aha for Jchn~n
Ccu~W, do he~eb/cem~ that tins is a true and
complete copy of the Original Instrument(s)
filed in th,s ) page,. D T-C~ COMP~INT ~ES ~ NO~-~
office consisting of D O~[S-C&R IOWA UNmO~ CITATION AND CO~PLA~ D HIS ~O -
IN TES~MONY ~EREOF, I ha~ ~reunto ~ IO~A Cl~ ~OUC~ ~A~T~NT, . ARMED D YES ~0
~t my hand a~ affix~ the Seal of ~,d Cour INC ~ ~0~ ~--C-a 7 ~/7
at my o~ice in Ipwa Ci~, I~a this ~ ~
~AINTI~:
~tate of Iowa ~ ~,~
o~ ~ I ~ ~k,,,.~ ,,~ ~9..so~ ...... ~: ~._ I '~
_ LODEMA BERK~
,ow,
I
' ' (~ ( X- In d~c Co.,a d _~17 S _CL N~gN S~ET~OHNSp~_CpUNTY COURTHOUSE
~ Fi~s~ Middle
Defendant, Last ~
City /_ ~ ~ State
SS~L~ ~O ~ ~//~ State Co.~
DL Class ~ DL End ~ DL Rest.
DOB 4' //)/~.~Race ~>~ Sex ~ Ht~Wt.
The undersigned states ~al on or about~ at /~ ~ ~AM~
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle~oat (deschbe)
CMV ~Yes ~No HazMatPlac. Req. ~Yes ~No USDOT~
Upo;a public highway at~[)7~ ~ &]/~t>~
Located in the county and state a}oresaid and di~ ~en and~he~ comm~he following offense:
~Traffic U Navigation U Snowmobile/ATV ~-UFish-G~ ~Parks
~Ngn-Schcd~l
Surcharge $. ~&; O~
Cou~ Costs $ i 7 ~'~ ~.}: ~ p. Dt~I ~) Accident
7
2 ota~ 1 inc/C~ ~t~ ~ /~ U~ ~a~ Assessment
Speed I. Zone-Sec. ~ 77%T~, ~ ~ IA Code
DATA CODE ~ FegAdm. Code Local Ord.
I ce~ify under ~nalty of ~rju~ and pursuant to the laws of the State of Iowa that the
preceding is tme and co~ect. ~/ /~ ~/~~
Dated ,~ /'l~ '~ .
Mo~ Day Yr / _ . -
Nt VFICI2 Providing false nfomation is a v o ation of Section 719.3 o~he Code of
Iowa and is punishable as an aggravated misdemeanor.
~e following applies to simple misde~neanors only: ~/.~
~ ~ Signature of Defendant
IMPORTANT
Excepi f,.~r ~ ~impi¢ ;msdcr ~ean(,r w!~a ~i~ persml v~:'-pd has ~uhxfit~d bond.
It' ti:z rcverr-c side ol this citati(m docs tlot* low ~c }o- appdarance reqp_ir~d"
"h-,.ts ~h)uld bco vane h~ th, (I.};RK ()1:
IOWA COI)~ SECI'ION 911.2 - SURCII~RGE- Wixm a coud mp~se~
e~cept an rodin:race regtihlliug llic t%rki~u ot motor vehicles, pur:,ual~t to
Sc- .( ~ , -, "
i:,cro ~tagc ol d~¢ dnc o~ forf¢i~qye imposed: in l!~c ex'eat of multiple
" l'~rlc tm'c is su ;pcndcd in whole
ill!p( sed b~r' ~ oHenses. Wbc~t ~ I],c or
q'hJ~ sarcharpe is kabiect ~o th,: provisitm~ of ('hapier 909 governing
payment and collection ol fines, as provided in Section 909.8.
/~PPEARANCE PLEA OF GUI1XY
i)l'i'c/]f;e charged on thc other side of Ibis c:tation. I have been infi~rmed
lily iiglil !0 x trial, tlmt ~'x' si~tlaltlre [o ibis plea ,d: guilty will have thc
I do h(~eby pl t:[AI) GUH/I'Y to said olTfcase ~s charged and agree x', ihs
~OU kRE REQiJIRED I'(~ POST BAll, TO OBTAIN REI,EASE
B [[ you choose to plead NOI' GUtL'iY, tile o!i'iccr mw> reit: se yoii
~o~¢her wi h signing ~he !'olk:~,~i¢~2: ta,e,.Bettt
is requi~ ed.
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 05-159
RESOLUTION ACCEPTiNG PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM T & M MINI MART
WHEREAS, on February 16, 2005, an employee ofT & M Mini Mart, 2601 Highway 6 E, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation T & M Mini Mart was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, on April 15, 2005, T & M Mini Mart waived its right to the heating required
by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of
Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of
Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of T & M Mini Mart within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to heating and
payment of $300.00 civil penalty on behalf of T & M Mini Mart.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND. APPROVED: April 19, 2005
~l~[ayor~ [2-ity of Iowa Cit-y
ATTEST: ~)//'~~ J~- ~
City Cl~rk, City of Iowa City
Resolution No. 05-t 59
Page 2:
It was moved by Vanderhoef and seconded by 0'Donne] ] 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
14
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
;OLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST T
MINI
/
WHEREAS, 16, 2005, an employee ofT & M Mini Mart, 2601~ighway 6 E, Iowa
City, violated ,de § 453A.2(1) by selling or providing tobacco to aftiinor; and
WHEREAS, this violation T & M Mini Mart was operating/under a retail cigarette
permit issued by the City City; and
WHEREAS, pursuant to Iowa § 453A.22(2), an holds a retail cigarette
permit shall be subjected to ~ of $300.00 as a result employee violating Iowa
Code § 453A.2(1), after a hearing Der notice; and
WHEREAS, a hearing was held on this ', by the City letermine whether to assess
the civil penalty against T & at said the City Council heard the facts of
the violation and the arguments of the
WHEREAS, this violation is the first such violati !an employee of T & M Mini Mart within a
two year period to be considered by the City Cou § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED 5 OF IOWA CITY CITY COUNCIL
that the City Council, after notice and heari to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of ! against T M Mini Mart.
BE IT FURTHER RESOLVED, that ~ cigarette has sixty (60) days from the
date of this Resolution to pay the ~enalty in full, and if the penalty is not timely paid
the retail cigarette permit held by' ~ermitee shall automaticall suspended for a period of
fourteen (14) days, in addition to $300.00 civil penalty.
BE IT FURTHER that the City Clerk will forward !this Resolution to the
Johnson County Attorney's which will then provide a copy of the. to the retail
cigarette permit to the permit holder's l; lsiness as it appears
on the application for a
Mayor, City
ATTEST:
City Clerk, City of Iowa City
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-160
RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 20,59 ACRE
PARCEL OF LAND IN SOUTHERN IOWA CITY ADJACENT TO GILBERT STREET, AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF
THE SAME,
WHEREAS, the Parks and Recreation Department considers it in the public interest to acquire a 20.59-
acre parcel of property located in southern Iowa City adjacent to Gilbert Street for open space, recreation
and preservation purposes.
WHEREAS, The 20.59-acre parcel is also adjacent to the "sand prairie" area dedicated to the City by the
Sandhill Estates Subdivision;
WHEREAS, City Staff has negotiated an offer to purchase the parcel from the owner, the Iowa Natural
Heritage Foundation, for $22,000 and upon the other terms and conditions stated in the attached to
offer to buy real estate and acceptance; and
WHEREAS, said offer is contingent upon City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The terms set forth in the offer to buy real estate and acceptance attached hereto are
approved by the City Council.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the purchase of the property
pursuant to the terms as approved herein.
Passed and approved this 19th day of Ap~cH"~ _ ,20~.
MAYOR
Approved by
CITY'CLERK City Attorney's, Office
Resolution No. 05-160
Page 2
It was moved by Bai ] e~v and seconded by 0' Donnel 1 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
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Iowa Natural Heritage Foundation ("Seller" or "Sellers")
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy the following described real estate:
That portion of the Southeast 1/4 of Section 22, Township 79 North, Range 6 West of the 5tb
P.M. that is described as Auditor's Parcel 2001051 on Plat of Survey recorded in Book 43,
Page 94, Plat Records of Johnson County, Iowa excepting therefrom that portion contained
within the right-of-way of South Gilbert Street, as shown on said plat.
with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other
ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways;
and d. (consider: liens, mineral rights; other easements; interests of others.)
designated the; provided Buyer, on possession, is permitted to make the following use of the Real
Estate:
public use
2. PRICE. The purchase price shall be $22,000.00, payable at JOHNSON County, Iowa, as
follows: purchase price to be paid in full upon possession and closing.
3. REAL ESTATE TAXES.
a. Sellers shall pay all real estate taxes that are due and payable as of the date of
possession and constitute a lien against the property, including any unpaid real estate
taxes for any prior years.
b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate
taxes for the fiscal year in which possession is given due and payable in the subsequent
fiscal year.
Buyer shall be given a credit for such proration at closing based upon the last kno-arn
actual net real estate taxes payable according to the public record. However, if such
taxes are based upon a partial assessment of the present property improvements or a
changed tax classification as of the date of possession, such proration shall be based
on the current millage rate, the assessed value, legislative tax rollbacks and real
estate tax exemptions that will actually be applicable as shown by the Assessor's
records on the date of possession.
c. Buyer shall pay all subsequent real estate taxes.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the
date of closing.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are
a lien on the Real Estate and, if not paid, would become delinquent during the calendar year
this offer is accepted, and all prior installments thereof.
c. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of
possession of the Real Estate to Buyer shall be as follows:
a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be
delivered to Buyer.
b. IF a. IS STRICKEN, Sellers shall maintain $. of fire, windstorm, and
extended coverage insurance on the Real Estate until possession is given to Buyer
and shall promptly secure endorsements to the appropriate insurance policies naming
Buyer as additional insureds as their interests may appear. Risk of loss from such
insured hazards shall be on Buyer after Sellers have perfomxed under this paragraph
and notified Buyer of such performance. Buyer, if it desires, may obtain additional
insurance to cover such risk.
6. CONDITION OF PROPERTY.
a. The Real Estate shall be preserved in its present condition and delivered intact at the
time possession is delivered to Buyer, provided, however, if 5.a. is stricken and there
is loss or destruction of all or any part of the Real Estate from causes covered by the
insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed
Real Estate together with such insurance proceeds in lieu of the Real Estate in its
present condition and Sellers shall not be required to repair or replace same.
7. ENVIRONMENTAL MATTERS.
a. Sellers warrant~ to the best of their knowledge and belief that there are no abandoned
wells, solid waste disposal sites, hazardous wastes or substances or underground
storage tanks located on the property, the property does not contain levels of radon
gas, asbestos or urea-formaldehyde foam insulation which require remediation under
current environmental standards, and Sellers have done nothing to contaminate the
property with hazardous wastes or substances. Sellers warrant that the property is
not subject to any local, state, or federal judicial or administrative action,
investigation or order, as the case may be, regarding wells, solid waste disposal sites,
hazardous wastes or substances or underground storage tanks. Sellers also shall
provide Buyer with a properly executed GROUNDWATER HAZARD
STATEMENT showing no wells, solid waste disposal sites, hazardous waste or
underground storage tanks on the Property, unless disclosed here:
b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a
report from a qualified engineer or other person qualified to analyze the existence or
nature of any hazardous materials, substances, conditions or wastes located on the
Property. In the event any hazardous materials, substances, conditions or wastes are
discovered on the Property, Buyer's obligation hereunder shall be contingent on the
removal of such materials, substances, conditions or wastes or other resolution of the
matter reasonably satisfactory to Buyer. However, in the event Sellers are required
by Buyer pursuant to the foregoing sentence, to expend any sum in excess of $
.00 to remove any hazardous materials, substances, conditions or wastes, Sellers
shall have the option to cancel this transaction and refund to Buyer all eamest money
paid and declare this Agreement null and void. The expense of any inspection shall
be paid by Buyer. The expense of any action necessary to remove or otherwise
make safe any hazardous material, substance, conditions or waste shall be paid by
Sellers, subject to'Sellers' right to cancel this transaction as provided above.
8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties,
timely performance of all obligations herein, closing shall be held on or before the date 90 days
after acceptance of this Offer by Seller and possession of the Real Estate shall be delivered to
Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of
the date of transfer of possession.
9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether
attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors,
screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air
conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside
television towers and antenna, fencing, gates and landscaping shall be considered a part of Real
Estate and included in the sale except: (consider: rental items)
10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase Price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
11. ABSTRACT AND TITLE. Sellers, at their expense, shall obtain an abstract of title to
the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement,
Iowa law and Title Standards of the Iowa State Bar Association.
12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to
Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and
encumbrances except as provided in l.a. through 1.d. Any general warranties of title shall extend
only to the time of acceptance of this offer, with special Warranties as to acts of Sellers continuing
up to time of delivery of the deed.
13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately
preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full rights of
survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the
Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the
Real Estate, shall belong to Sellers as joint tenants with full fights of survivorship and not as
tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance
of the price due Sellers under this contract to the surviving Seller and to accept a deed from the
surviving Seller consistent with Paragraph 11.
14. JOINDER BY SELLERS' SPOUSES. Sellers' spouses, if not titleholders immediately
preceding acceptance of this offer, execute this contract only for the purpose of relinquishing all
rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the
Iowa Code and agree to execute the deed or real estate contract for thi's purpose.
15. TIME iS OF THE ESSENCE. Time is of the essence in this contract.
16. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon
thirty days written notice of intention to accelerate the payment of the entire balance
because of such failure (during which thirty days such failure is not corrected)
Sellers may declare the entire balance immediately due and payable. Thereafter this
contract may be foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made
returned to it.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs
and attorney fees as permitted by law.
17. sTATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on
the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien,
showing the correct balance due.
18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract
shall be on a form of the Iowa State Bar Association.
19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the
fiduciary shall promptly submit this contract for such approval. If this contract is not so
approved, it shall be void.
20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply
to and bind the successors in interest of the parties.
21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender, according to the context.
22. TIME FOR ACCEPTANCE. If this offer is. not ,accepted .by Sellers on or before the
date 28 days after delivery of this offer to Seller, it shall become void and all payments shall be
repaid to the Buyer.
23. OTHER PROVISIONS
a. This Offer shall be subject to formal approval by the City Council of Iowa City.
CITY OF IOWA CITY, IOWA, Buyer
Stephefl~. Atkins Date
City Manager
This offer is accepted ,2005.
SELLER
20. 59-acre parcel
to be acquired
Nopo/~on ~ ~e th erb y
Pork / Park
PUBLIC
WORKS
COMPLEX
CITY OF IOWA CITY CORe'ORATE LIMITS
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149
RESOLUTION NO. 05-161
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2005 ASPHALT RESURFACING PROJECT,
WHEREAS, L.L. Pelling Co., Inc. of North Liberty, Iowa has submitted the lowest responsible bid
of $586,430.58 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 L.L.
Pelling Co., 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 ].gth day of A@r'i] ,20 05
MAYOR
Approv.ed by /'1
CITY'C"LERK City Attorney's Office
It was moved by Vanderhoef 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
pweng/res/asphalt-awrdcon.doc
ADVERTISEMENT FOR BIDS
2005 ASPHALT RESURFACING PROJECT
Sealed proposals wilt be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 12th 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. 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. Pro-
posals 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 19th day of April, 2005, or at such
later time and place as may be scheduled.
The Project will involve the following:
5,954 tons of asphalt, 22,295 sq. yards of
pavement milling, 1,282 feet of PCC curb and
gutter replacement, chip sealing and related
work.
All work is to be done in strict compliance with
the plans and specifications prepared by the City
of Iowa City Engineering Division, 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 mainte-
nance 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
AF-1
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 two (2) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Liquidated Damages (all Divisions): $400/day
Division # 1: Iowa City Streets - Asphalt Overlay
Early Start Date: June 6, 2005
Late Start Date: July 11, 2005
Working Days: 30
Division # 2: Parking Lots
Completion Date: July 26, 2005
Division # 3: Chip Seal
Early Start Date: July 5, 2005
Completion Date: August 26, 2005
Division # 4: Peninsula Access
Completion Date: July 1, 2005
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the City Engineer of Iowa City, Iowa,
by bona fide bidders.
A $10 non-refundable fee is required for each set
of plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA.
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, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
AF-2
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 re-
quired 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
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-3
Prepared by Kimberly Johnson, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 05-162
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER, AND TENANT SYLVIA VENUTO d/b/a
VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAFI5 AT 115 E.
COLLEGE STREET.
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Sylvia Venuto, d/b/a Venuto's World Bistro, as tenant, applied for a
temporary use of the public right-of-way at 115 E. College Street, Iowa City, Iowa for a
sidewalk caf~ thereon; and
WHEREAS, City staff has reviewed the application, Iocationl and specifications for the
proposed sidewalk caf~ and found these to be in compliance with the regulations
adopted by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "License Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
License Agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 19th day of April ,2005.
Approved by:
CITY"CEERK City Attorney's Office
Resolution No. 05-162
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X EIliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn