HomeMy WebLinkAbout2005-10-04 Resolution Prepared by: Gary Cohn, IT Coordinator, 410 E. Washington St., Iowa City, IA 52240, (319)356-5430
RESOLUTION NO. 05-318
RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 18, 2005, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE PARKING FIBER INTERCONNECT PRO-
JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public headng on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 18th day of
October, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 4th day of October ., 20 o5
Approved by
CI~LERK City A[torney's Office
pweng~res\fiber set ph.doc
9~99
Resolution No. 05-318
Page 2
It was moved by Vanderhoef and seconded by O'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 Wilbum
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-319
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED 62 REGAL LANE,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of three Mortgages in the
amount of $22,152: two were executed by the owners of the property on June 12, 1996
and recorded on June 26, 1996, in Book 2110, Page 85 through Page 89 and Book
2110, Page 90 through Page 94, and an amended Mortgage was executed on August
16, 1997 and recorded on September 4, 1997, Book 2336, Page 272 through Page 276,
in the Johnson County Recorder's Office covering the following described real estate:
Lot 110, "Lakeside Addition", to Iowa City, Iowa subject to restrictions and
covenants of record.
WHEREAS, University of Iowa Community Credit Union is refinanced a mortgage in the
amount of $56,050 to the owners of 62 Regal Lane and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's liens
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above-described real estate to secure said
liens as junior liens, 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 University of Iowa
Community Credit Union, Iowa City, Iowa.
Resolution No. 05-319
Page 2
Passed and approved this 4th day of October ,20 05
CITY ~'I:ERK City Attorney's Office
It was moved by Vanderhoef and seconded by O'ponnell 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 The
University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain mortgages which at this time is in the
amount of $22,152, and where executed by Geor.qe L and Mary L Wilmont (herein the Owner),
dated June 12, 1996, recorded June 26, 1996, in Book 2110, Pa.qe 85 through Pa.qe 89, and
dated June 12, 1996, recorded June 26, 1996, in Book 2110, Pa.qe 90 through Pa.qe 94, and dated
June 12, 1996, recorded September 4, 1997, in Book 2336, Pa.qe 272 through Pa.qe 276, Johnson
County Recorder's Office, covering the following described real property:
Lot 110, Lakeside Addition to Iowa City, Iowa, according to the recorded plat thereof.
WHEREAS, the Financial Institution proposes to loan the sum of $56,050on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
mortgages 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 mortgages 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 mortgages of the City.
89/23/2685 15:19 3133565217 lC PLANNING/JCCOG PAGE 84/84
STATE OF IOWA )
)
o.,so. cOUnTY )
This instrument was acknowledged before me on ~/P~/'~'/J~d,? ~"/~ 2005 by
/,5'f ' "", '
/~&~/~/~A/~ 7~~ (name(s) of person(s)) as ,- V/~Z~ i~,.~(.'¢1/~/T~ (type of
authority, e.g, officer, trustee, etc.) of
(name
of
party of behalf of whom instruments was executed).
Notary Public in an~for the 8tare of owa
My Commission expires:
89/23/2865 i5:19 3133565217 lC PLANNING/JCCOG PAGE 83/64
4. Binding Effect. This agreement shall be binding upon and inure to the benef'rt of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this ~ day of
CITY OF IOWA CITY FINANCIAL INSTITUTION
Mayor
Attest:
City ~'ferk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of C) r..T~(~p..F_ ,200~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared E~.n~.~r ~. L.e-~rno,.n and
Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. o5-" $~9 .. passed (the Resolution adopted) by the City Council, under Roll Call
No. ------ of the City Council on the ._R day of C~c.T~Er{ ,20 o ,5 , and
that E,.~s-l- ~. L.e.A,-,,.o.n and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SONDRAE FORT I
Commission Number 1597911 Notary Public in and for the State of iowa
My Con)mission Expires I
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-320
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 '1756 DOVER STREET, IOWA CITY, IOWA,
WHEREAS, on April 7, 2005, the owners executed an Mortgage with the City of Iowa
City; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
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 1756 Dover Street, Iowa City, Iowa from a Mortgage, recorded April 14, 2005,
Book 3863, Page 589 through Page 593 of the Johnson County Recorder's Office.
Passed and approved this 4th day of October ,20
Apply.
ATTEST: ~~~, ?/IM,,~ ~
CITY'~LERK City Attorney's Office
It was moved by Vanderhoef and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
× Champion
x Elliott
× Lehman
× O'Donnell
× Vanderhoef
x Wilburn
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s):Kari G. M. Yeats and Maria E. Yeats
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1756 Dover Street, Iowa City, Iowa,
and legally described as follows:
Lot 116, Village Green South, Part Two, an Addition to the City of Iowa City, Iowa,
according to the plat thereof recorded in Book 18, Page 67, Plat Records of Johnson
County, Iowa, subject to easements and restrictions of record.
from an obligation of the owners, Karl G. M. Yeats and Maria E. Yeats, to the City of Iowa City
represented a Mortgage, recorded April 14, 2005, Book 3863, Page 589 through Page 593 of
the Johnson County Recorder's Office.
'This obligation has 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 d~cument.
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this '~- day of Oc,-rt)~,~t~. , A.D. 20 ~..~ , 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. eS,,$Z~, adopted by the City Council on the ~ day ~,
20 'O~ and that the said Ernest W. Lehman and Madan 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.
IoN lSONDRAE FORT i ,~11~ ~J~"av~
J~ ~j~ '~J Commission Number 159791J Notary Public in and for Johnson County, Iowa
J'~'J My Commission Expires J
! ~o-~X-I 3 ??/o/~ I
//
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-321
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE
MORTGAGES FOR THE PROPERTY LOCATED AT 428 STH AVENUE, IOWA
CITY, IOWA.
WHEREAS, on May 8, 1996, the owners executed a two Mortgages with the City of Iowa
City; and
WHEREAS, on October 31, 1996, the owners executed another Mortgage with the City
of Iowa City; and
WHEREAS, the loans have been paid off; 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 Liens for recordation, whereby the City does release the property
located at 428 5th. Avenue, Iowa City, Iowa from two Mortgages, recorded May 21,
1996, Book 2085, Page 53 through Page 57, and Book 2085, Page 58 through Page 62,
and another Mortgage, recorded January 8, 1997, Book 2209, Page 229 through Page
233 of the Johnson County Recorder's Office.
Passed and approved this 4th day of October ,20 05 ·
Approved by
CITY C"t. ERK City Attorney's Office
It was moved by Yanderhoef and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
x Elliott
x Lehman
× O'Donnell
× Vanderhoef
x Wilburn
Prepared by and retum: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Bruce A. and Bddget L. Titus
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 428 5th Avenue, Iowa City, Iowa, and
legally described as follows:
Lot "A" of a survey recorded July 10, 1951 in Book 4, Page 216 of the Plat Records in
the office of the Recorder of Johnson County, Iowa, excepting therefrom the following
described portion thereof, to-wit: Commencing at the northwest corner of said Lot "A",
being also the Southwest corner of Lot 6, Block 37 in East Iowa City, Johnson County,
Iowa, according to the recorded plat thereof, thence southeasterly along the south line
of said Lot 6, 46 feet, thence westerly to a point which is located 15 feet south of the
northwest corner of said Lot '%", thence northerly to the point of beginning.
from an obligation of the owners, Bruce A. and Bridget L. Titus, to the City of Iowa City
represented by two Mortgages, recorded May 21, 1996, Book 2085, Page 53 through Page 57,
and Book 2085, Page 58 through Page 62, and another Mortgage, recorded January 8, 1997,
Book 2209, Page 229 through Page 233 of the Johnson County Recorder's Office.
This obligation has 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 document.
ATTEST: CITY~ERK
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ dayof O ~"1'o ~ 13 J;;~ , A.D. 20 O ~, , before me, the undersigned, a Notary Public in and for said County, in
said State,I~ersonally appeared Emest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No.~ adopted by the City Council on the ,~ day ~,
20 ~ 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.
J',.~'~"~ J SONDRAE FORT J
I~°'~ ~lcommission Number 15979~I ~ ~.~,-'~
J'~ 'J My Commission Expires J
J_ ~o'~t ~/~/l)4~ j Notary Public in and for Johnson County, Iowa
Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240
RESOLUTION NO. 05-322
RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE FOR
"META HOME" AT OLD CAPITOL TOWN CENTER AT 20'1 S. CLINTON
STREET.
WHEREAS, the applicant, Auto Trim and Signs, has filed an application for the
design approval of the exterior signage for "META HOME"at Old Capitol Town
Center located at 201 S. Clinton Street, hereinafter "Project;" and
WHEREAS, given that the project consists of new construction on an urban
renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled
"Design Review" of the City Code requiring the Design Review Committee to
review and make a recommendation to the City Council regarding the design of
the project; and
WHEREAS, the design review application for the project, a copy of which is on
file in the Housing and Inspection Services Department, has been reviewed by
the Design Review Committee and after a consensus vote has recommended the
design of the project be approved and
WHEREAS, the design of the project with the above stated conditions is found to
conform with all of the applicable requirements of the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The design of the Clinton Street exterior signage for "META HOME" at Old
Capitol Town Center located at 201 S. Clinton
Street be approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby
authorized and directed to certify this resolution; and
3. Upon this approval, necessary permits may be issued for the project upon
full compliance with all applicable codes and ordinances.
Passed and approved this 4th day of October 2005
Approved by
^TT T:
Cl'l~ CLERK City Attorney's OffiCe ,,~/..,. / __
Resolution No. 0_5-322
Page 2
It was moved by Vanderh~_f and seconded by O'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
× Wilburn
Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240
RESOLUTION NO. 05-323
RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE AND
AWNING FOR "STUFF BOUTIQUE" AT OLD CAPITOL TOWN CENTER
AT 201 S. CLINTON STREET.
WHEREAS, the applicant, 380 Degree Graphics, has filed an application for the
design approval of the exterior signage and awning for "Stuff Boutique"at Old
Capitol Town Center located at 201 S. Clinton Street, hereinafter "Project;" and
WHEREAS, given that the project consists of new construction on an urban
renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled
"Design Review" of the City Code requiring the Design Review Committee to
review and make a recommendation to the City Council regarding the design of
the project; and
WHEREAS, the design review application for the project, a copy of which is on
file in the Housing and Inspection Services Department, has been reviewed by
the Design Review Committee and after a consensus vote has recommended the
design of the project be approved and
WHEREAS, the design of the project with the above stated conditions is found to
conform with all of the applicable requirements of the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA THAT:
1. The design of the Clinton Street exterior signage and awning for "Stuff
Boutique" at Old Capitol Town Center located at 201 S. Clinton
Street be approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby
authorized and directed to certify this resolution; and
3. Upon this approval, necessary permits may be issued for the project upon
full compliance with all applicable codes and ordinances.
Passed and approved this 4th day of October 2005
Approved by
ATTEST:-~~ "/~- ~ ~ ~'7"~-~/~..~'-
cI'r~PCLERK ' ' Cit~ A{to~ey'~'Office
Resolution No. 05-323
Page 2
It was moved by Vanderhoef and seconded by o' Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
x Champion
x Elliott
× Lehman
× O'Donnell
× Vanderhoef
× Wilburn
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-324
RESOLUTION OF INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST
FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10
THROUGH '17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND
LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION PART TWO, AND SETTING A PUBLIC HEARING FOR
OCTOBER 18, 2005
WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two
Subdivision include commercial lots which have been marketed for sale to the general public; and
WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of
property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of
the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and
WHEREAS, said purchase agreement provides for closing to occur upon completion of
contingencies set forth therein, no later than two hundred seventy (270) days after the February
9, 2005 effective date thereof, unless a later date is mutually agreed to in writing by the City and
Wal-Mart; and
WHEREAS, extension of the closing date provided for in the purchase agreement is necessary for
completion of the contingencies, and Wal-Mart has requested that purchase agreement be
amended such that the closing shall take place not later than January 31, 2006, in accordance
with the FIRST AMENDMENT TO PURCHASE AGREEMENT attached hereto.
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 approve the attached FIRST
AMENDMENT TO PURCHASE AGREEMENT between the City of Iowa City and Wal-
Mart Real Estate Business Trust for the above-referenced property, and to dispose of
said property in accordance with that agreement.
2. A public hearing on said proposed amendment should be and is hereby set for October
18, 2005, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street,
Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of
public hearing to be published as provided by law.
Passed and approved this 4th day of 0ct-obe]: ,20 05 .
Resolution No. 05-324
Page 2
It was moved by O'Donnell and seconded by Vanden'hoer the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
× Vanderhoef
x Wilbum
IOWA - Iowa City
Store #1721-02
FIRST AMENDMENT TO
PURCHASE AGREEMENT
Effective Date: ,2005
THE CITY OF IOWA CITY, IOWA ("Seller")
WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Buyer")
WHEREAS, Seller and Price Properties ("Price") entered into 'a Purchase Agreement (the
"Purchase Agreement") dated effective February 9, 2005, covering approximately 21.76 acres of
property out of North Airport Development Subdivision and North Airport Development
Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision,
located in the City of Iowa City, Johnson County, Iowa, as described and/or depicted on Exhibit
A attached to the Purchase Agreement and incorporated herein by this reference for all purposes;
and
WHEREAS, the rights, title and interests of Price under the Purchase Agreement were
assigned to Buyer pursuant to that certain Assignment of Purchase Agreement dated April 6,
2005; and
WHEREAS, Seller and Buyer have agreed to amend the Purchase Agreement as
hereinafter set forth;
NOW THEREFORE, for and in consideration of the mutual covenants of the parties as
set forth in the Purchase Agreement and herein, and other good and valuable considerations, the
receipt and sufficiency of which are hereby acknowledged by each of the parties, it is agreed by
Seller and Buyer as follows:
1. Interpretationl Definitions. This First Amendment to Purchase Agreement (the
"First Amendment") shall be construed with and as a part of the Purchase
Agreement. In the event of any conflict between the terms of this First
Amendment and the terms of the Purchase Agreement, the terms of this First
Amendment shall be deemed to supersede and control. All defined terms used in
this First Amendment shall have the respective definitions provided for such
defined terms in the Purchase Agreement unless herein otherwise expressly
provided.
2. Closing Date. Section 16(a) of the Purchase Agreement is hereby amended to
provide that the Closing of the transaction provided for in the Purchase
Agreement shall take place at a place and time mutually agreed upon by the
parties, but not later than January 31, 2006, unless mutually agreed to in writing
by Seller and Buyer.
24563099.1 14-Sep-05 10:36 04353467 I
3. Counterparts. This First Amendment may be executed in multiple counterparts,
each of which shall be deemed to be an original, but all of which, together, shall
constitute but one and the same instrument. Execution of this First Amendment
by Seller and Buyer may be evidenced by the facsimile or electronic transmission
(e-mail) exchange of separately executed counterparts.
4. Affirmation. Except as herein amended, the Purchase Agreement is hereby
ratified and affirmed in its entirety by the parties.
IN WITNESS WHEREOF, the parties have executed this First Amendment to be
effective as of the day and year first above written.
WITNESS OR ATTEST: SELLER:
THE CITY OF IOWA CITY, IOWA
(print name)
By:.
Name:
Title:
Date: ,2005
WITNESS OR ATTEST: BUYER:
WAL-MART REAL ESTATE BUSINESS
TRUST, a Delaware statutory trust
(print name)
By:
Name: Michael E. Gardner
Title: Assistant Vice President
Date: ,2005
24563099.1 14-Sep-05 10:36 04353467 2
Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
(ANN05-00002)
RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF
APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD.
WHEREAS, Fairview, Inc. (hereinafter "Owner") is the owner and legal titleholder of an
approximate 51.9 acres of land located on American legion Road, east of Far Horizons
Subdivision and south of Highland Woods Subdivision; and
WHEREAS, Owner has requested annexation of the 51.9 acre tract into the City of Iowa City,
Iowa; and
WHEREAS, the property is within the Long-Range Planning Boundary of the City of Iowa City;
and
WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (2005), notice of the application for
annexation was sent by certified mail to the Johnson County Board of Supervisors, Johnson
County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public
utility, Scott township, Johnson County Council of Governments, and the East Central Iowa
Council of Governments; and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER
OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5)
WEST OF THE 5 TM P.M.; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE
EAST 1121 FEET, THENCE SOUTH 1890 FEET TO THE PLACE OF BEGINNING. ALSO
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER
OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE
SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY
NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY
TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE
NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE
SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836
FEET TO THE PLACE OF BEGINNING.
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 Owner's expense.
3. Further, the City Clerk is hereby 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, said population being zero.
Resolution No.
Page 2
Passed and approved this day of ,20__
MAYOR
Approved by
CITY CLERK ~it~; Attornc/y's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadnVres~irviewinc.doc
/
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sunil Terdalkar
Item: ANN05-00002/REZ05-00018 Date: August 18, 2005
GENERAL INFORMATION:
Applicant: Arlington Development, Inc.
1486 S 1st Ave, Unit A,
Iowa City, IA 52240
(319) 338-8058
Contact Person: Susan Evers
MMS Consultants
1917 S Gilbert Street,
Iowa City, IA 52240
Phone: (319) 338-8282
Requested Action: Annexation and Rezoning
Purpose: To allow the property to be incorporated into the City of
Iowa City
Location: American Legion Road - to the east of Far Horizons
Subdivision
Size: Approximately 51.9 acres
Existing Land Use and Zoning: Golf Course - County R
Surrounding Land Use and Zoning: North: Residential- RS-5 and Park land
South: Undeveloped County Residential- R
East: County Residential- R
West: Undeveloped County Residential- R
Comprehensive Plan: County Land, within Iowa City Long Range Growth
Boundary areas
File Date: 08/11/05
45 Day Limitation Period: 09/25/05
BACKGROUND INFORMATION:
The owners of the property, Fairview, Inc. have requested annexation to Iowa City. This
Approximately 51.9-acre property (containing two parcels) is currently in the Scott Township,
Johnson County and is being used as a golf course.
The applicants, Arlington Development, Inc., are also requesting approval for rezoning of this
property to Low Density Single-Family Residential- RS-5 zone.
Traffic implications and access & street design:
The property is primarily accessed by the county road, American Legion Road, from the south. It can
also be accessed by two neighborhood streets, Cumberland Lane and Buckingham Lane from the
North.
With this property under consideration for development in the near future, it will be necessary to
include the upgrading of American Legion Road in a future Capital Improvement Plan. Once
development is proposed on this property, the right-of-way for American Legion road will need to be
dedicated to the City as public right-of-way. As a condition of approval, staff recommends that the
applicant share the cost of upgrading the road to City standards. The proportional cost of upgrading
the road will be determined by the formula developed by the Johnson County Council of
Governments for assigning costs related to a street improvement. American Legion road is an
arterial street. Therefore, the first step is to apply the assumption that 75% of the function of an
arterial street is for through traffic, while 25% is to provide access to adjacent properties. This
standard has been used for several years locally. This results in per-linear-foot-cost being applied
to adjacent properties for access. The next step is to divide this amount, as the proposed
development is on only one side of American Legion Road. This results in per-linear-foot-cost
being applied to the applicants. These funds may be paid in conjunction with the final plat
approval, along with other development fees.
The applicant has submitted a concept plan showing how the property might be subdivided into
single-family lots. The concept plan is not binding. The actual subdivision design may change at
the time of platting. The concept plan illustrates only one street connection to the undeveloped
property to the west. To assure that the eventual development of this property adheres to the
Comprehensive Plan goal of 'providing an interconnected street system' (page 22 of the
Comprehensive Plan), and to assure that the development of the Fairview property does not
hinder the development potential of the property to the west, staff recommends that at least two
local streets connect to the west property line of the Fairview property.
The City has entered into an agreement with Johnson County for the maintenance of the American
Legion Road on certain portions. Staff will contact the Johnson County representatives to determine
interest in amending, the existing agreements or forming new agreements as a result of this
annexation.
STAFF RECOMMENDATION:
Staff recommends approval for ANN05-00002 and REZ05-00018, annexation to the City of Iowa City
and rezoning of approximately 51.9-acre land from County Residential - R to Low-Density Single-
Family Residential - RS-5, located on the American Legion Road, subject to a Conditional Zoning
Agreement specifying (1) the developer's responsibility of contributing to the cost of the upgrade of
American Legion Road and (2) the subdivision design will provide at least two local streets to the
west property line.
ATTACHMENTS:
1. Location Map
2. Subdivision Concept Plan
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin\stfrep\annO5-OOOO2+rez05-O0018
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through voluntary
petitions files by the property owners. Further, voluntary annexation requests are to be reviewed
under the following three criteria.
1. The area under consideration falls within the adopted long-range planning boundary.
The area proposed for annexation falls within the adopted long-range planning boundary for Iowa
City. This property abuts Iowa City properties on the North.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
Annexation of the property would be consistent with the growth and development pattern in this
part of the city. The developers have identified a demand for residential development in this area.
The recent development patterns and market activity in this part of the city based on the
subdivision inventory supports these expectations. Although, approximately 800 lots created
since 1990 are undeveloped, the area under consideration is one of the faster growing areas of
the city. Recent subdivisions in this area, such as Lindman Subdivision, are almost completely
built-out.
Infrastructure, such as sewer and sanitary, water lines will be extended by private development
interests. Development of this property will increase the pressure for the City to invest in the
reconstruction of American Legion Road. Provided that the developer contributes a
proportional share to the cost of this improvement, there should not be an undue burden on the
City for allowing this property to be annexed.
3. Control of the development is in the City's best interest.
The property is within the Long-Range Planning boundary. Iowa City properties abut this property
on the North and North East. As more land is being developed for residential uses, control of
development of this property is in City's best interest. If development were to occur under
County jurisdiction, it would likely be in the form of lots that would be approximately one acre in
size. Private wastewater treatment systems and water wells would be required. Annexation will
allow for more compact development and reliable public water and sewer treatment facilities.
The Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the above conditions exist. In staff's view, these conditions have been met for this voluntary
annexation request.
Rezoning
The property is currently in the Scoff Township and is zoned as County Residential - R.
Development on the surrounding properties in the city and in the township is also of a Iow-density
single-family nature. As sewer, sanitary and water main infrastructures can be extended from
neighboring Iowa City properties, and in view of existing residential development density on
surrounding properties, the Low-Density Single-Family Residential (RS-5)zone is appropriate for this
property.
Environmentally Sensitive Areas:
The property contains some areas identified as potential un-wooded wetland along the east
boundary. Prior to any development activity a wetlands delineation report will be required and any
sensitive areas and associated buffers on the property are required to be delineated.
ppdadmin\sffrep\ann05-00002+rez05-00018
CITY OF I0~ CITY
_ .~ RM12 _' ~---b,.%,?',,~,~' ~ ~o~ ~o'~ ..'.__---'.-_------------~ )
S]~ ~OCA~]ON~ 4670 American Legion Rd. SE REZ05-0018/ANN05-00002
Fairview Subdivision Concept Plan
\
Sunil Terdalkar
From: Boardman, John [jboardman@amenityhospice.com]
Sent: Thursday, September 01, 2005 12:16 PM
To: sunil-terdalkar@iowa-city.org
Subject: Comments on Fairview Golf Course annexation and rezoning
Sunil,
I am the President of the Far Horizon's Subdivision Homeowners Association, we are located
immediately East of Fairview Golf Course. Since I am unable to attend this evening's
Planning and Zoning Commission meeting regarding the annexation and rezoning of Fairview
Golf Course, I appreciate your assistance in communicating the following:
The homeowners within our association are pleased with the proposed zoning of this
property as RS-5 as it maintains consistency with the other properties in the immediate
area. We would not support any other zoning that would permit development as multi-family
housing, apartments, condominiums, or other commercial, retail or industrial use.
Cordially,
John S. Boardman
President
Far Horizon's Subdivision
Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00018)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE - PART ONE, IOWA CITY,
IOWA.
WHEREAS, the owner, the Estate of Wilfreda Hieronymous, filed with the City Clerk the final plat of
Cardinal Ridge - Part One, 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 Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 7,
Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S89°00'27"W, along the
South Line of said Southwest Quarter of the Northwest Quarter, 469.96 feet; Thence N00°59'33"W,
591.21 feet; Thence S67°49'49"W, 92.95 feet; Thence N64°25'02"W, 185.91 feet; Thence
N17°27'03"W, 92.96 feet; Thence N10°22'01"W, 364.40 feet; Thence N03°18'17"E, 97.54 feet;
Thence N04°57'51"E, 343.38 feet; Thence N18°18'46"W, 105.95 feet; Thence Southwesterly, 37.18
feet, along a 530.00 foot radius curve, concave Northwesterly whose 37.17 foot chord bears
S73°41'48"W; Thence N14°17'37"W, 188.64 feet; Thence N75°16'37"E, 85.04 feet; Thence
N14°36'59"E, 78.60 feet; Thence N22°04'21"E, 120.83 feet; Thence N24°57'12"E, 181.81 feet;
Thence N69°57'12"E, 127.28 feet; Thence S80°02'48"E, 88.00 feet; Thence S49°25'47"E, 107.57
feet; Thence S16°36'44"E, 146.52 feet; Thence S59°49'35"E, 150.00 feet; Thence N30°10'25"E,
27.96 feet; Thence Northwesterly, 25.62 feet, along a 20.00 foot radius curve, concave Southwesterly,
whose 23.90 foot chord bears N06°31'32"W; Thence Northeasterly, 123.41 feet, along a 50.00 foot
radius curve, concave Southeasterly, whose 94.39 foot chord bears N27°29'10"E; Thence
N08°ll'49"E, 243.84 feet; Thence N52°54'25"E, 60.68 feet; Thence S89°37'04"E, 101.22 feet, to a
Point on the East Line of the West One-Half of the Northwest Quarter of said Section 7; Thence
S00°22'56"W, 2313.87 feet, to the Point of Beginning. Said Tract of land contains 35.42 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.
Resolution No.
Page 2
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.
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 day of ,20
MAYOR
Approved by .~
CITY CLERK ~eYs-~'fic'b"~/,/ ~-,~-~.~-~
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadmin~'es\cardinalddg e I .doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: SUB05-00018 Cardinal Ridge - Part One Date: September 15, 2005
Final Plat
GENERAL INFORMATION:
Applicant: Southgate Development
755 Mormon Trek Boulevard
Iowa City, IA 52246
Phone: 337-4195
Requested Action: Final Plat
Purpose: A 50-lot single-family residential
subdivision
Location: West of the northwest terminus of Kennedy
Parkway, west of the Walnut Ridge
subdivision.
Size: 35.42 acres
Existing Land Use and Zoning: Undeveloped, rezoning from ID-RS to
SAO/RS-5 before City Council
Surrounding Land Use and Zoning: North: Undeveloped; OSNRS-5 (Cardinal
Ridge - Part Three)
South: Undeveloped and residential; ID-
RS
East: Residential; OSA-1 and OPDH-1
West: Undeveloped; OSNRS-5 (Cardinal
Ridge - Part Two)
Comprehensive Plan: Residential, 2-8 dwelling units per acre.
File Date: August 29, 2005
45-Day Limitation Period: October 13. 2005
60-Day Limitation Period: October 28, 2005
BACKGROUND INFORMATION:
The applicant, Southgate Development Co., is requesting approval of the final plat of Cardinal
Ridge - Part One a 35.42-acre, 50-lot subdivision. A separate application has been submitted
for the final plat of Cardinal Ridge - Parts Two and Three. On July 6, the Commission
recommended approval of a rezoning, Sensitive Area Development Plan and preliminary plat
for Cardinal Ridge. The City Council is scheduled to vote on the final reading of the rezoning
ordinance and the preliminary plat at their September 20th meeting.
ANALYSIS:
The final plat as submitted is in general conformance with the pending preliminary plat.
Construction plans and legal papers are being reviewed by the City Engineering Division and
City Attorney's office. They must be approved by staff prior to Council consideration of the final
plat.
Sanitary Sewer: The preliminary plat that is pending before the City Council varies from that
recommended for approval by the Commission. The Commission had recommended that in
lieu of requiring installation of sanitary sewer lines to the property to the south, an escrow fund
be established for the extension of one 8" line to the adjacent property. Based on future
development concerns of the adjacent property owners, the preliminary plat has been revised to
include two sanitary sewer lines to the adjacent properties. The final plats also shows these
lines.
Open Space: According to the neighborhood open space formula, 2.17 acres of public open
space or fees in lieu of are required for Cardinal Ridge. The Parks and Recreation Commission is
considering requiring the dedication of a portion of Outlot C for an east to west trail, if it is possible
to obtain the cooperation of the Walnut Ridge Home Owners Association and the University of
Iowa to extend the trail to the east to connect to the Clear Creek Trail. If the Parks and
Recreation Commission chooses to accept open space it will need to be identified on the final plat.
If a trail network is not possible on adjacent properties the Parks and Recreation Commission
would want fees in lieu of dedication of open space within the Cardinal Ridge subdivision, due to
the nature of the open space not begin suitable for a neighborhood park. Provisions for payment
of open space fees would then need to be addressed in the legal papers. It is anticipated that this
plat will be placed on the October 4 or October 18 City Council Agenda depending on approval of
legal papers and construction drawings. A decision from the Parks and Recreation Commission
should be made prior to these meetings so as not to delay approval of the final plat.
STAFF RECOMMENDATION:
Staff recommends that SUB05~00018, the final plat of Cardinal Ridge - Part One, a 35.42-acre,
50-lot residential subdivision located west of Kennedy Parkway, be approved subject to staff
approval of legal papers and construction drawings prior to City Council consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by: '~ Karin Franklin, Director,
Department of Planning and Community Development
S:\PCD\Staff Repods\SUB05-00022 card.ridge.2&3final.doc
SITE LOCATION: Garclinal I:licl§o, I~art Oho $UB05-00015
Final PlaL
Cardinal Ridge - Part One
Iowa City, Iowa
- ~ ..... .:.~:~_~
/
Prepared by: Anissa Williams, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254
RESOLUTION NO. 05-325
RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE
ALLEY BETWEEN 7TM AVENUE AND BRADLEY STREET,
WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for
the purpose of considering neighborhood traffic calming projects; and
WHEREAS, the residents of the alley between 7th Avenue and Bradley Street, have gone through the
process of considering a traffic calming project according to the City Council's approved procedure;
and
WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic
calming program, and an 86% majority of the neighborhood has indicated they are in favor of speed
humps; and
WHEREAS, the City Council finds said proposal to be in the public interest and consistent with its
traffic calming program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The proposal for the installation of speed humps in the alley between 7th Avenue and Bradley
Street is hereby approved.
2. City staff is directed to proceed with the installation of speed humps in the alley between 7th
Avenue and Bradley Street.
Passed and approved this 4th day of 0ct. obe]: ,, 20 05
Approved by .
CITY'GLERK City Attorney's Office
It was moved by w±J. bu]:t~ and seconded by O']~onne]_~L the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
,~ Champion
× Elliott
× Lehman
× O'Donnell
× Vanderhoef
× Wilburn
jccogadm/resF/'th & bradley.doc
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-326
RESOLUTION APPROVING THE THIRD AMENDMENT TO THE PENINSULA
NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C.
WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between
the City and Peninsula Development Company LLC, as amended, the City has
approved a preliminary plat for the entire Peninsula Neighborhood, consisting of 82.1
acres; and
WHEREAS, said preliminary plat contains an Outlot N consisting of approximately 35.6
acres as depicted thereon; and
WHEREAS, it is the intention and agreement of the City and PDC that Outlot N be
retained by the City as public open space and parkland; and
WHEREAS, the City and PDC wish to formally reduce to writing their agreement with
regard to Outlot N of Peninsula Neighborhood, Iowa City, Iowa, by amendment of the
development agreement in accordance with the amendment attached hereto.
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 Third Amendment to the
Peninsula Neighborhood Development Agreement attached hereto.
2. The City Clerk is hereby directed to record said amendment upon passage of this
resolution.
Passed and approved this 4th day of October ,20 05
CITY~LERK Cit~/,~{torn~y's (~ffic~
Resolution No. 05-326
Page 2
It was moved by Bailey and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
× Vanderhoef
x Wilburn
THIRD AMENDMENT TO PENINSULA NEIGHBORHOOD DEVELOPMENT
AGREEMENT
This Third Amendment to the Peninsula Neighborhood Development Agreement
is hereby made and executed by the City of Iowa City (hereinafter "City"), 410
East Washington Street, Iowa City, Iowa 52240 and Peninsula Development
Company, LLC (hereinafter "PDC" and/or "Developer"), 5781 Sheldon Road,
Suite C, Canton, MI 48188. The City is a municipal corporation organized under
the laws of the State of Iowa. PDC is a limited liability corporation organized
under the laws of the State of Michigan.
WHEREAS, The City of Iowa City and Terry L. Stamper Holdings, LLC entered
into the Peninsula Neighborhood Development Agreement which was recorded
at Book 2986, Page 49, Records of the Recorder of Johnson County, Iowa, and
the first amendment thereto, which was recorded at Book 3060, Page 735,
Records of the Recorder of Johnson County, Iowa; and
WHEREAS, Terry L. Stamper Holdings, LLC assigned all its dghts under the
~.~ Peninsula Neighborhood Development Agreement to PDC; and
WHEREAS, the City and PDC entered into a second amendment to Peninsula
NeighJ?[:)~h_ood Development Agreement which was recorded at Book 9686 ,
Page ~3~-, Records of the Recorder of Johnson County, Iowa; and
WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement
as amended, the City has approved a preliminary plat for the entire Peninsula
Neighborhood, consisting of 82.1 acres; and
WHEREAS, said preliminary plat contains an Outlot N consisting of
approximately 35.6 acres as depicted thereon; and
WHEREAS, it is the intention and agreement of the City and PDC that Outlot N
be retained by the City as public open space and parkland; and
WHEREAS, the City and PDC wish to formally reduce to writing their shared
understanding with regard to Outlot N of Peninsula Neighborhood, Iowa City,
Iowa.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
PARTIES HEREBY AGREE AS FOLLOWS:
1. Outlot N, consisting of approximately 35.6 acres, and depicted on the
approved preliminary plat for the Peninsula Neighborhood, Iowa City, Iowa,
shall be retained by the City as public open space and parkland.
2. The parties hereto acknowledge and agree that only the City's retention of
Outlot N as public open space and parkland has been added by this Third
Amendment to Peninsula Neighborhood Development Agreement, and all
other terms and conditions as outlined in said Peninsula Neighborhood
Development Agreement, as amended, shall continue in full force and effect.
The parties specifically acknowledge that the retention of Outlot N by the City
in no way diminishes the density of development allowed under the
Peninsula Neighborhood Development Agreement as amended.
DATEDthis ~ dayof~ ,2005.
PENINSULA DEVELOPMENT COMPANY, CITY OF IOWA CITY, IOWA
L.L.C.~~~,~~~
By:
Barry Kemper, President By:
Ernest W. Lehman, Mayor
ATTEST:
Maiian K. Karr, City
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this Zlr day of ~c.-r~) I~P_~-_ ,2005, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Ernest W. Lehman and Maclan K. Kerr, 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 co[potation by authority of City Council of said municipal
corporation; and that the said Ernest 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 Volunt~i~NDRAE FORT I
I.~ ~ ~1 Commission Number 1597911 ~ ~---~'%
I'.~'1 My Cqmmjssion Expires I
I ~ I _~//y~,~, ! Notary Public in and for the State of Iowa
STATE OF MICHIGAN )
) ss:
COUNT )
On this ~J'~day of /~ (J'~' , 2005, before me, a notary public in
and for the State of Michigan, personally appeared Barry Kemper, to me personally known, who
being by me duly sworn did say that the person is the President of PENINSULA DEVELOPMENT
COMPANY, L. LC., a Michigan limited liability company, and that said instrument was signed on
behalf of the said limited liability company by authority of its managers and the said Barry
Kemper acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
Notary Public in and for the State oI Mic, higan DENISE FEY, ARE,
· MY Cornnfis~ .ER~_'s blay_3, 2007.
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-327
RESOLUTION DESIGNATING 143.52 ACRES OF THE PENINSULA
PROPERTY AS PUBLIC PARKLAND,
WHEREAS, in 1995 the City purchased property at the west end of Foster Road referred to as the
Peninsula property and legally described as Johnson County Auditor's Parcel 95080, containing
190.02 acres and described on the plat of survey recorded August 10, 1995, in Book 35, Page
267, Records of the Johnson County Recorder;
WHEREAS, the Peninsula property was purchased for-the development of a portion thereof
pursuant to the Peninsula Neighborhood Plan and the balance of the property for public parkland;
WHEREAS, a portion of the Peninsula property has been platted for development, and the
balance of the Peninsula property, consisting of approximately 143.53 acres, is being retained as
public parkland;
WHEREAS it is in the public interest to formally designate said 143.52 acres of the Peninsula
property as public parkland.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The following-described City land situated in Johnson County of the State of Iowa is
hereby designated for public park purposes:
a. Johnson County Auditor's Parcel 95080, containing 190.02 acres and
described on the plat of survey recorded August 10, 1995, in Book 35, Page
267, Records of the Johnson County Recorder, including the portion thereof
depicted and described as Outlot N in the approved preliminary plat for the
Peninsula Neighborhood, Iowa City, Iowa, but excluding the balance of the
property contained within the approved preliminary plat for the Peninsula
Neighborhood, Iowa City, Iowa, and also excluding Johnson County Auditor's
Parcel 97099, containing 24.00 acres.
Passed and approved this 4th day of October ,2005.
ATTEST: Ci~i'i~CLERK .
Approved By
Resolution No. 05-327
Page 2
It was moved by Wilburn and seconded by O'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 Wilbum
Development Agreement, as amended, shall continue in full fome and effect.
The parties specifically acknowledge that the retention of Outlot N by the City
in no way diminishes the density of development allowed under the
Peninsula Neighborhood Development Agreement as amended.
DATEDthis ~ dayof~ ,2005.
PENINSULA DEVELOPMENT COMPANY, CITY OF IOWA CITY, IOWA
L.L.C.~~~~,~~
By:
Barry Kemper, President By:
Ernest W. Lehman, Mayor
ATTEST:
M~an K. Kerr, City Clerk
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ~ day of Oc'n3 ~.~ ,2005, before me, the undersigned, a Notary Public in and
for said County and State, perSOnally appeared Ernest W. Lehman and Marian K. Kerr, 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 afl-~(ed 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 Coundl of said municipal
corporation; and that the said Ernest W. Lehman and Maclan K. Kerr acknowledged the execution
of said instrument to be the voluntary act and deed and said municipal corporation, by it and by
them volta ~arilv executed.
~o~ I SONDRAE FORT ] ..~,,,~b'a=~. ~
~-I Commission Number 159791~
~J~_*'l My Corpmission Expires I Notary Public in and forthe State of Iowa
'i~ff'l ,~/~/o 4, I
STATE OF MICHIGAN )
) ss:
W~J/M--' COUNTY )
On this ~/J~"day of /~ (J~'3L , 2005, before me, a notary public in
and for the State of Michigan, personally appeared Barry Kemper, to me personally known, who
being by me duly sworn did say that the person is the President of PENINSULA DEVELOPMENT
COMPANY, L.LC., a Michigan limited liability company, and that said instrument was signed on
behalf of the said limited liability company by authority of its managers and the said Barry
Kemper acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
Notary Public in and for the State of Michigan
DENISE. FEI(ARIS
ta~/.~, 0adand Count~, Ul
· .MY Commission .Expires May_3, 2007.
Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 05-328
RESOLUTION RESCINDING RESOLUTION NO. 98-87 AND
APPROVING A REVISED LONG-TERM DEER MANAGEMENT PLAN.
WHEREAS, in Resolution No. 98-87, City Council approved a Long-Term Deer
Management Plan;
WHEREAS, the Deer Task Force at its meeting on September 20, 2005 passed a motion
to recommend to City Council certain amendments to the Long-Term Deer Management
Plan, including reducing the maximum deer population limit from thirty-five (35) to twenty-
five (25) per square mile and eliminating the option of trap and kill;
WHEREAS, the Deer Task Force at its meeting on September 27, 2005 approved the
attached Long-Term Deer Management Plan (Rev. 10/05) and recommends that Council
adopt the same; and
WHEREAS, it is in the public interest to approve said recommendations and adopt the
attached Long-Term Deer Management Plan (Rev. 10/05).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. Resolution No. 98-87 is rescinded in its entirety.
2. The Long-Term Deer Management Plan (Rev. 10/05), a copy of which is
attached, is adopted.
Passed and approved this 4th day of October ,2005.
Appro by:
CITY'CLERK City Attorney's Office
Resolution No. 05-328
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
× Elliott
× Lehman
x O'Donnell
x Vanderhoef
× Wilburn
LONG-TERM DEER MANAGEMENT PLAN (Rev. 10105)
1. The City of Iowa City will develop an educational program that will provide residents with information on deer habits and
guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques.
The City's Long Term Deer Management Plan will be included. Educational materials will be distributed through a variety
of methods including public informational meetings, pamphlets, and government television programs.
2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on
roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer accidents.
The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration will be given
to deer migratory paths as transportation improvement projects are approved by the City Council.
3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to
persons or property, the City Council has set the maximum deer population density to be twenty-five (25) per square mile
per City-designated management district. Actual numbers are to be collected via helicopter count.
4. In order to implement its long-term deer population limit, the City of Iowa City formally requests that the Natural Resource
Commission approve a rule establishing a special deer population management area for Iowa City with the following
conditions, limitations, and procedures:
a. The special deer management area is defined as all public and private land in Iowa City as designated by the City
Council of Iowa City.
b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may occur
between September 1 and February 28.
(1) The City is allowed to utilize sharpshooting with centerfire rifles and rimfire rifles for the lethal removal of deer.
Bait may be used to attract deer to the sites. The City shall determine locations, training, and all other conditions
for the sharpshooting activities. The City shall also comply with all applicable state laws.
(2) All deer killed by sharpshooting are to be processed for human consumption and distributed free of charge.
Processing lockers participating in the plan will be allowed to keep and utilize the deer hide.
(3)No licenses will be required for the City and no fees will be charged.
c. The City will initially utilize sharpshooting over bait to reduce the number of deer in each management district to the
population limit. By the end of the initial reduction plan, it is projected that the deer population will be to a level that
requires maintenance rather than aggressive reduction. The City will strongly encourage use of non-lethal methods
to maintain deer numbers but recognizes that killing of deer may be necessary to maintain the population goal.
5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and
projected), management options, and to recommend methods to kill deer. Any or all legal lethal methods available
(including sharpshooting and bow and arrow hunting) may be utilized after the initial reduction plan if the method(s) meet
the following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in maintaining the desired number of
deer.
6. To aid in the implementation of the Long Term Deer Management Plan, the Deer Task Force will submit an annual plan to
be adopted by the City Council following public hearing. Annual plans as approved by the Council will be forwarded to the
Department of Natural Resources and, if necessary, the Natural Resources Council for authorization to implement.
03/05/98 Approved by Deer Management Committee 07/08/03 Affirmed by Deer Task Force
03/10/98 Approved by City Council 07/14/03 Affirmed by the City Council
06/26/01 Affirmed by Deer Task Force 11/17/04 Affirmed by the Deer Task Force
07/09/01 Affirmed by City Council 12/07/04 Affirmed by the City Council
06/05/02 Affirmed by Deer Task Force 09/27/05 Revised by the Deer Task Force
07/02/02 Affirmed by City Council
Date: September 29, 2005
To: City Council
From: Kathi Johansen, Administrative Assistan
Re: Long-Term Deer Management Plan
Each year the Deer Task Force is to review the existing Long-Term Deer Management Plan for
Iowa City. At its September 27, 2005 meeting, the Deer Task Force approved certain revisions
to the Long-Term Deer Management Plan that includes reducing the maximum deer population
limit from thirty-five (35) to twenty-five (25) per square mile, eliminating the option of trap and
kill, and made a recommendation to item #6 which is designed to clarify it, rather than to change
it substantively. Other language changes made are designed to lessen existing ambiguities, not
to change policy.
Following is the Task Force rationale for 25 deer per square mile:
"The current deer population goal (ref. Long Term Deer Plan, # 3) is agreed to be the level at
which irreversible environmental damage occurs. In order that the deer population goals be
consistent with the minimizing of deer predation to the Iowa City habitat, we submit the following
recommendation:" Change #3 of the Long-Term Deer Management Plan from 35 deer per
square mile to 25 deer per square mile.
A copy of the current Long-Term Deer Management Plan is enclosed. The revised Long-Term
Deer Management Plan follows the Resolution. Approved minutes of the Deer Task Force
September 20, 2005 meeting can be found in the September 29, 2005 Council Information
Packet. Task Force members recommend Council adopt the revised Long-Term Deer
Management Plan at the Council's October 4, 2005 meeting.
LONG-TERM DEER MANAGEMENT PLAN
l. The City of Iowa City will develop an educational program that will provide residents with information on deer habits
and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other
techniques. The City's comprehensive management plan will be included. Educational materials will be distributed
through a variety of methods including public informational meetings, pamphlets, and government television programs.
2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install
on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer
accidents. The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration
will be given to deer migratory paths as transportation improvement projects are approved by the City Council.
3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to
persons or property, the City Council has set the maximum deer population density to be thirty-five per square mile per
City-designated management district. Actual numbers are to be coll. ected via helicopter count.
4. In order to implement its long-term population goal of thirty-five deer per square mile per management district, the City
of Iowa City formally requests that the Natural Resource Commission approve a rule establishing a special deer
population management area for Iowa City to the following conditions, limitations, and procedures:
a. The special deer management area is defined as all public and private land in Iowa City as designated by the City
Council of Iowa City.
b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may
occur between September 1 and February 28.
(I) The City is allowed to utilize sharpshooting with centerfire rifles for the killing of deer. Bait may be used to
attract deer to the sites. The City shall determine locations, training, and all other conditions for the
sharpshooting activities. The City shall also comply with all applicable state laws.
(2) The City is allowed to utilize City personnel to use baited traps to capture and kill deer in locations determined
by the City Council.
(3) All deer killed by sharpshooting and/or trapping operations are to be processed for human consumption and
distributed free of charge. Processing lockers participating in the plan will be allowed to keep and utilize the
deer hide.
(4)No licenses will be required for the City and no fees will be charged.
c. The City will initially utilize sharpshooting over bait and trap-and-kill to reduce the number of deer in each
management district to the goal of 35 deer per square mile. By the end of the initial reduction plan, it is projected
that the deer population will be to a level that requires maintenance rather than aggressive reduction. The City will
strongly encourage use of non-lethal methods to maintain deer numbers but recognizes that killing of deer may be
necessary to maintain the population goal.
5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and
projected), and management options, and to recommend methods to kill deer. Any or all legal lethal methods available
(currently consisting of sharpshooting, trap-and-kill, and bow and arrow hunting) may be utilized after the initial
reduction plan if the methods meet the following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in
maintaining the desired number of deer.
6. Task Force recommendations must be approved by the City Council following public hearing prior to initiation of City
management plans. Annual plans approved by the Council will be forwarded to the Department of Natural Resources
and, if necessary, the Natural Resource Commission for authorization to implement.
03/05/98 Approved by Deer Management Committee 07/08/03 Affirmed by the Deer Task Force
03/10/98 Approved by City Council 07/14/03 Affirmed by the City Council
06/26/01 Affirmed by Deer Task Force 11/17/04 Affirmed by the Deer Task Force
07/09/01 Affirmed by City Council 12/07/04 Affirmed by the City Council
6/05/02 Affirmed by Deer Task Force
07/02/02 Affirmed by City Council