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HomeMy WebLinkAbout2000-09-12 Resolution 3c(12) Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 00-304 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Aajaxxx Liquor Store - 107 S. Linn Street Kum & Go #53-955 Mormon Trek Blvd. Kum & Go #51 - 323 E.Burlington Street Kum & Go #52 - 25 W. Burlington Street day of Se ('~' ~~, , .~~ Passed and approved this 12th yd~~oR~ Approved by CI~CLERK City Attorney's Office It was moved by Vanderhoef and seconded by ChamBi on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn clerkVes~cigperrn.doc RESOLUTION NO. 00-305 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Radisson Hotel Iowa City - 2525 N. Dodge Street It was moved by Vanderhoef and seconded by Champion that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O' Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 12th day of September ,20 00 }- A vp~~ City Attorney's Office clerk\res\d anceprm .doc 09-12-00 3e(1 ) I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-306 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING TWO REHABILITATION AGREEMENTS AND TWO STATEMENT OF LIFE LIENS AND A MORTGAGE FOR THE PROPERTY LOCATED AT 527 CLARK STREET, IOWA CITY, IOWA WHEREAS, on October 23, 1991, the owners of 527 Clark Street executed a Statement of Life Lien through the City's Housing Rehabilitation Program for the amount of $3,277; and WHEREAS, on May 29, 1992, the owners executed another Statement of Life Lien through the City's Housing Rehabilitation Program for the amount of $5,415 of which only $4,220.75 was spent; and WHEREAS, on July 17.1997, the owners executed a Mortgage also through the City's Housing Rehabilitation Program in the form of a no interest loan for the amount of $1,681; and WHEREAS, the balance of the no interest loan was $742.45; and WHEREAS, the total amount of the loans ($8,245) was paid off on August 28, 2000; 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 527 Clark Street, Iowa City, Iowa from the Statement of Life Lien and the Rehabilitation Agreement recorded on November 5, 1991, Book 1294, Page 103 through Page 107; and from the Rehabilitation Agreement and the Statement of Life Lien recorded on August 3, 1993, Book 1592, Page 252 through Page 256; and from a Mortgage recorded on July 25, 1997, Book 2313, Page 195 through Page 199 of the Johnson County Recorder's Office. Passed and approved this 12th day of i~~, ',~~0~~1~ Approved by ppdrehab/res/527dark.doc Resolution No. 00-306 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 Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Liz Osborne, 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 527 Clark Street, Iowa City, Iowa, and legally described as follows: The North 50 feet of the East 160 feet of Lot 2 in Block 4 in Summit Hills Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners. Heidi and James Mulac, to the City of Iowa City in the total amount of $8,245 represented by the Statement of Life Lien and the Rehabilitation Agreement recorded on November 5, 1991, Book 1294. Page 103 through Page 107; and from the Rehabilitation Agreement and the Statement of Life Lien recorded on August 3, 1993, Book 1592, Page 252 through Page 256; and from a Mortgage recorded on July ~5, 1997, Book 2313, Page 195 through Page 199 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. STATE OF IOWA ) ) SS: JOHNSON COUNff ) On this /Z *k day of ~.~c~ A.D. 20 ~O before me, the undersigned, a Nota~ 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 ~ its City Council, as contained in Resolution No. o~-~ adopted by the City Council on the/Z ' day , 20 ~n and that the said Ernest W. Lehman and Maria~ ~ ~arr as such officers acknowledged the execution of said instrument to be the volunta~ ad and deed of said corporation, by it and by them voluntarily executed. Notary Public in and ppdrehab/527dark. doc Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-307 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TEN (WITH THE EXCEPTION OF THE PUBLIC IMPROVEMENTS WHICH SERVE LOTS '189-196), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Ten (with the exception of the public improvements which serve Lots 189-196), as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. paving improvements for Windsor Ridge - Part Ten (with the exception of the public improvements which serve Lots 189-196), as constructed by Metro Pavers, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements other than as noted above are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access except for those improvements noted above, are hereby formally accepted and declared open for public access and use. Passed and approved this 12th day of S ~~. ,,~2_~000._~>_' Approved by It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng/res/wi ndsorl O. doc September 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Ten (except lots 189-196) Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Lots 197-220 of Windsor Ridge - Part Ten have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schmadeke, P.E. Public Works Director 410 EAST WASHINGTON STREET · IOWA CITY, IOW'A 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-308 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF COURT STREET LOCATED WITHIN WINDSOR RIDGE - PART TWELVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements associated with the construction of Court Street located within Windsor Ridge - Part Twelve, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements associated with the construction of Court Street located within Windsor Ridge - Part Twelve, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Approved by It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT September 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Court Street - Windsor Ridge - Part Twelve Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements associated with the construction of Court Street located within Windsor Ridge - Part Twelve have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOXYA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-309 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, BOX CULVERT, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF ARLINGTON DRIVE LOCATED WITHIN WINDSOR RIDGE - PARTS ELEVEN AND TWELVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, box culvert, and water main improvements associated with the construction of Arlington Drive located within Windsor Ridge - Parts Eleven and Twelve, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements associated with the construction of Arlington Drive located within Windsor Ridge - Parts Eleven and Twelve, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Approved by C City Attorney's Office It was moved by Vanderhoef and seconded by Champ1 on the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef x Wilburn pweng/res/windsorl 1-12.doc ENGINEER'S REPORT September 1, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Arlington Drive - Windsor Ridge - Parts Eleven and Twelve Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, box culvert, water main, and paving improvements associated with the construction of Arlington Drive located within Windsor Ridge - Parts Eleven and Twelve have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, box culvert and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. incer Charles Schn~adeke, P.E. Public Works Director 410 EAST WASHINGTON STREET * IO~/A ('ITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-310 RESOLUTION ACCEPTING THE WORK FOR THE COLLECTOR WELLS - LOWER TERMINUS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Collector Wells - Lower Terminus Project, as included in a contract between the City of Iowa City and Reynolds, Inc. of Odeans, Indiana, dated August 18, 1998, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th day of September ,20 O0 Approved by It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum September 6, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Collector Wells - Lower Terminus Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Collector Wells - Lower Terminus Project has been completed by Reynolds, Inc. of Orleans, Indiana, in substantial accordance with the plans and specifications prepared by Howard R. Green Co. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,490,695.00. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schmadeke, P.E. Public Works Director 410 EAST WASHINGTON STREET * IOWA CII'Y, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: September 6, 2000 To: Steve Atkins From: Kim Johnson ),~ Re: Agenda Items The following are costs associated with Capital Improvement Projects being t presented for acceptance at the September 12 h Council meeting: 1 ) Collector Wells - Lower Terminus Project Contractor.' Reynolds, Inc.. · Project Estimated Cost: $ 1,800,000.00 · Project Bid Received: $ 1,379,000.00 · Project Actual Cost: $ 1,490,695.00** **Actual linear feet of water piping installed was more than anticipated resulting in greater well capacity. Prepared by: Regina Schreiber, Assistant Controller, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5088 RESOLUTION NO. 00-311 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2000. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 1999, through June 30, 2000, be approved. Passed and approved this 28th day of September, Approved by ATTEST:CIT~CL%~RK ~' /['/~ City A~'~o;n~ey~ffice It was moved by Vander'hoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell ' Pfab Vanderhoef Wilburn finadm\res\stprkrep-OO.doc Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 515-239-1289 FAX 515-239-1828 ! ,. ~ .... :' · Ref. No. 701.516 ~:~ ..... KM3 ~ ! ~ - ~ Subject: Road Use Tax Fund l~: .: ::~_~. ~i;~ Street Finance Report SEF 2 ], 2000 Dear City Clerk: We acknowledge receiving the city's Street Finance Report for the period ~'om July 1, 1999, through June 30, 2000, as required by the Code of Iowa~ Chapter 3 12, Section 14. This report, when combined with those submitted from other cities in Iowa, will provide the Iowa Department of Transportation and the Federal Highway Administration with a documemed record of street receipts and expenditures in Iowa cities. Sincerely, Patrick R. Cain, Director Office of Transportation Data Planning and Programming Division PRC:km Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 00-312 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2001 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., October 3, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2001 Operating Budget. The.City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 12th day of Septemb r , 2000. Approved by ATTEST: CI City Attorney's It was moved by Vander'hoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn finadm\res\operbdg-OO.doc Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-313 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF LAND WITHIN THE EXTRATERRITORIAL AREA OF IOWA CITY AND INCORPORATING THOSE POLICIES INTO THE IOWA CITY COMPREHENSIVE PLAN. WHEREAS, Chapter 28E of the Code of Iowa (1999) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Johnson County Land Use Plan adopted December 31, 1998 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan adopted in December, 1997 outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the policies regarding annexation, zoning, and subdivision and development review for the various designated areas included in the' attached Fringe Area Policy Agreement between Johnson County, Iowa and Iowa City, Iowa. 2. The City Council of the City of Iowa City hereby incorporates the Fringe Area Policy Agreement into the Iowa City Comprehensive Plan. Resolution No. 00-313 Page 2 3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law. Passed and approved this 12th day of ~.~/,,,~t, ~~~ MAYOR 2ity At~mey"~~./~ It was moved by Vander'hoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab × Vanderhoef )~ Wilburn ppddir/res/extralerr.doc FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1999) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (1999) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Johnson County Land Use Plan adopted December 31, 1998 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in December, 1997 outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County (the "County") and the City of Iowa City (the "City") to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (1999). Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. The development policies of this Agreement are intended to be consistent with the policies of the adopted Johnson County Land Use Plan and the Iowa City Comprehensive Plan. -2- A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following general standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Land Use Plan which considers CSR (Com Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. 2. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. 3. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. C. Fringe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A 1. Land within Iowa CitV's Growth Area. Land in Area A which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells, with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shaft be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Prior to annexation, any zoning changes in Iowa City's projected growth area shaft be consistent with the City's adopted land use plan. 2. Land outside Iowa Citv's Growth Area. Any rezonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. On a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) may be considered. RS zoning will be considered if the application to rezone includes a concept plan showing a minimum of -3- 50% of the property designated as an outlot for open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. 3. Any development on property governed by the Iowa City/Coralville Agreement Providing for Future Annexations and Extraterritorial Review of Subdivision Plats (Sept, 1999) shall be consistent with said agreement. Such agreement shall take precedence over this Fringe Area Policy Agreement. 4. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short- range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A. 1. Land within Iowa City's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan. Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan. Subdivisions and development projects within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. 2. Land outside Iowa Citv's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. Any rezonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. However, consideration will be given to applications for single-family residential development at a density of RS-10 (1 dwelling unit/10 acres). This development must conform to Rural Design Standards. -,4- Cluster subdivisions which designate a minimum of 80% of the property as an outlot for agricultural uses and/or open space will be encouraged when any development is considered. Given the existence of commercially zoned property and the demand for commercial uses at the 1-80/Herbert Hoover Hi.qhway interchan.qe, rezoninqs to Countv CP-2 of propertv abutting the interchan.qe, as shown on the Land Use Plan attached, will be considered. All existin.q commercially zoned property and any properties rezoned to CP-2 shall be subject to the Countv's Site Plan Review Requirements with the followin.q exception: all parkin.q areas shall be constructed of asphalt or portland cement concrete (PCC). 3. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C 1. Land within Iowa City's Growth Area. Land in Area C, which is presently zoned for residential development and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions and development projects shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions and development projects which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged south and southwest of the Iowa City Municipal Airport as shown on the attached Land Use Plan and in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial and/or industrial developments within this area prior to annexation. As stated in the Johnson County Land Use Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for uses consistent with the City's Comprehensive Plan. -5- 2. Land outside Iowa CitV's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. Any rezonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. The land in Area C currently zoned A-l, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS-10 (1 dwelling unit/10 acres). RS-5 (1 dwelling unit/5 acres) will be considered if the application to rezone includes a concept plan designating a minimum of 80% of the property as an outlot for open space or agriculture. Rural Design Standards will apply to all development outside the City's growth area. 3. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zonin~ Re.qulation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1999), the enabling legislation for the County's zoning powers. 2. Pursuant to Section 8:1.30 of the Johnson County Zoning Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. 3. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will -6- conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. B. Subdivision Re.clulation: 1. Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. 2. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Planning and Zoning Commission. 3. Subdivisions of land into fewer than three lots will continue to be regulated by the County. C. Development proiects not requirin.cl subdivision: Any development projects larger than 2 acres within the City's growth area shall be subject to review by both the City and the County in accordance with the procedural requirements of each jurisdiction. D. Annexation: 1. Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. 2. The City will, upon receipt, forward applications requesting annexation or severance (deannexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. 3. As appropriate and necessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. E. Conflict Resolution: If the City and County are in conflict over a proposed subdivision, rezoning application, or annexation that may violate this agreement, a review committee, comprised of members of the City Council, Board of Supervisors and staff, shall be established to negotiate a resolution prior to final action being taken by either body to subdivide, rezone, or annex property. -7- SECTION IV. AGREEMENT REVIEW At any time dudng the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for five (5) years after the date of execution of this Agreement. This Agreement shall be automatically renewed unless the County or the City objects to such renewal pdor to the renewal date. SECTION VI, RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (1999). Dated this/X/'~-- day of/.~/~--r/z ,/a.~-z.~ ,2000. JOHNSON COUNTY Appreved by: County Attorney's Office A 2 County Auditor Dated this/~'/3- day of ,~/),;,,~.,,-~Jj_,~, , 2000 CITY OF I A CITY Attest: 3it~~ ~/'~ ~ C lerk -8- Approved by: ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Appendix A: Definition of Standards ppdadmin~agt~fdnge6.doc STATE OF IOWA ) ) JOHNSON COUNTY) On this 9 J/t_ day of ~'~-/OT/-e,L/ge,,C, 2000 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa. MY COMMISSION EXPIRES AF. 5, 20~ APPENDIX A Definition of Standards City Urban Desiqn Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City. City Rural Desiqn Standards: 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 - The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right- of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zonihg Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to ~A-inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22-foot wide chipseal surface. 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a 12~inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within 'he right-of-way. 2.0 Water Distribution System 2.1 Well(s) shall conform to the requirements of the Johnson Coun[y Health DePartment and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC-ASTM D 1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed, Prior to plat approval, there shall be a letter of transmittel from the appropriate Fire Protection District approving spacing, location. number of fire hydrants, s,ze of ma|ns, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System is subject to City Council consideration based on availability. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sewer All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers '~ o 4.1 With the exception of developments located in the Old Man's Creek Watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section VII {Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe {minimum gauge 18 and corrugations 2'x~ ", 2=,/a"x~ ", and 3"x1"} shall be used, Culverts shall conform to the Standard Specifications for Hiqhwav and Bridge Construction, Series of 1977· Minimum cover over the top of culvert shall be six inches. 5.0 Underaround Utilities 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground· It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property· CHESTER J. CULVER ~ HOOVER BUILDING, 2ND FLOOR IOWA SECRETARY OF S'I'~TE DES MOINES, IOWA 50319 JanuaW 12, 2001 MARIAN K. KARR CITY CLERK OF IOWA CITY, IOWA 410 E WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the JOHNSON COUNTY, IOWA Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of January 12, 2001. Sincerely, Chester J Culver Secretary of State CJC/db Enclosures (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us December 6, 2000 Chairperson Sally Stutsman and Johnson County Board of Supervisors 913 South Dubuque Street, Suite 201 Iowa City IA 52240~207 Re: Johnson County/Iowa City Fringe Area Agreement Dear Sally and Members of the Board: At the City Council's meeting of November 21, 2000, we considered your request to amend the map which is a pad of the Johnson County/Iowa City Fringe Area Agreement. The amendments requested around the intersection of Highway 218 and Highway 1 West were changed with no debate. The issue at Herbe~ Hoover Highway and 1-80 was more controversial. Our Planning and Zoning Commission recommended this change not be made and the City Council concurred with that recommendation by a vote of 6-1. I would like to explain to you our perspective on this issue. Frankly, we were a bit surprised by the request in your letter of October 6, 2000. Prior to your meeting of Oct. 3, the County/City subcommittee, the Iowa City Planning and Zoning Commission, the City Council, and the County Planning and Zoning Commission had all voted in favor of authorizing the execution of the Fringe Agreement with the eight quadeFqua~er sections at the Hoover Highway/l-80 interchange designated for commercial land use. Both the City bodies had been approached by the Donovans or their representatives to include their 15 acres, but the decision was to hold the line with the eight qua~eFqua~er sections. As your request was then presented to us by your staff, the Donovan prope~y plus an additional 40 acres was proposed for designation as commercial. As you know, under prior Fringe Agreements no land in this area was designated for future commercial development. In spite of that, two rezonings were completed for Mr. Eyman conve~ing over 25 acres from agricultural to commercial. These were done without suppo~ from our previous Fringe Agreement and, in fact, gave rise to negotiations for this revised agreement. During these negotiations, the City agreed to add to the Fringe Agreement a commercial designation at this interchange which included 178 acres of land for future commercial use, over and above that which is already developed commercially. We believe that this acreage should amply enable the County to fulfill the directives of its land use plan for commercial development in the County. We do not share the opinion of your staff of the undevelopable nature of the land to the east due to the presence of a diR road; access to this properly could occur through the Oakes/Hodge properly, providing marketable commercial sites with visibility from the interstate, similar to the Eyman properly noah of the Donovans. We believe we have cooperated in t~ing to reach a mutually advantageous agreement which respects the C,ounty's goals as well as the City's. We hope that you will approve the agreement with the map p~esented, as approved by the City Council. Si , Mayor cc: Rick Dvorak, Johnson County Planning and Zoning Administrator Karin Franklin, Director, Iowa City Planning and Community Development jw/Itr/kf-slulsman doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319} 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: July 27, 2000 .., : ...., .... / To: Planning & Zoning Commission PI ~(-/'L''''L''~ From: Karin Franklin, Director, Iowa City anni Re: Revised Fringe Area Policy Agreement The Johnson County / Iowa City Fringe Area Agreement was first adopted in 1983. It is an agreement which addresses land use policy, rezonings, annexation and design standards in the two-mile extraterritorial jurisdiction of Iowa City. These mutually agreed upon policies and standards are used by the County and the City as zoning, annexation and subdivision decisions are made by each jurisdiction. Periodically, circumstances arise which trigger a review of some of the particulars of the agreement and amendments to the agreement are approved by each entity. After the Eyman rezoning on Herbert Hoover Highway and the Milder rezoning and subdivision request, a number of issues were identified for discussion through Johnson County / Iowa City Fringe Area Agreement revisions. These issues were: · Industrial and commercial development in unincorporated areas · Clustering in Area B · A consultation procedure for circumstances in which the City and the County disagree · Reference to agricultural uses in cluster developments · Map revisions to reflect Iowa City's current growth area and the Iowa City / Coralville subdivision review agreement · The mechanism for renewal of the agreement To address these issues, a joint subcommittee of Johnson County and Iowa City representatives was convened. Ann Bovbjerg served to represent the Commission on this subcommittee. In addition to the issues noted above, the subcommittee also identified some other potential amendments. These included references to the Johnson County Land Use Plan and the review of non-subdivision developments in Iowa City's growth area by Iowa City. Attached to this memorandum is a revised agreement addressing most of the issues noted above. A few of the revisions are "housekeeping" in nature; the others are substantive. Outlined below is the rationale for the substantive changes as articulated by the subcommittee. 1. There appeared to be a need to clarify that the Fringe Agreement was not intended to supercede or conflict with the adopted comprehensive plans of either the City or the County. The revisions on the first page recognize the adopted plans of each jurisdiction and clarify the intent to be consistent with these plans. 2. The amendment in Fringe Area A recognizes the revised growth area of Iowa City north of 1- 80 and provides language parallel to that in Fringe Areas [] and C for land within Iowa City's growth area. This amendment also recognizes the agreement between Iowa City and Coralville for development along the Iowa River near W-66. 3. On page 3, language providing for the clustering of subdivisions in the county outside Iowa City's growth area is inserted. This is precipitated by the Milder case and reflects the position of the County to encourage cluster development generally, if development is to occur in the unincorporated parts of the county. 4. On page 4, language is added to allow consideration of rezonings to County CP-2 of land around the Herbert Hoover Highway/I-80 interchange. The subcommittee chose to recognize the existing commercial development there and the demand that is likely to occur in the future. It was also felt that this would be consistent with the County's Land Use Plan. 5. On page 6, a provision is added which requires consultation between the City and the County when a conflict arises over one of the issues covered by the Agreement. Each body would select representatives to negotiate resolution of the conflict. Such resolution might include amendment of the Agreement. This provision is intended to avoid some of the misunderstanding and ill will that may be a consequence of action by one or the other parties. 6. The effective date of the Agreement is amended to indicate a five year term with the automatic renewal of the Agreement unless the City or the County object. This allows for a system that is working to continue unabated, or for either party to terminate the Agreement if the system is not working. As before, there is the opportunity for amendment of the Agreement at any time with mutual consent. One point noted above that is not included in the agreement is the reference to agricultural uses in cluster subdivisions. Agricultural uses are not permitted in RS zones by the County Zoning Ordinance; however, the Agreement refers to the designation of outlots in cluster subdivisions for open space or agriculture. Instead of changing the Agreement, a change in the County Zoning Ordinance is suggested. In approving zonings that incorporate cluster subdivisions, the continuation of agricultural uses is often desirable provided adequate buffers are required during the zoning process. The ordinance amendment will need to consider the potential conflicts between residential and agricultural uses the existing language is intended to avoid. The County representatives on the sub-committee agreed to pursue this option. Please review the entire agreement enclosed. Some language is italicized or underlined; these notations do not necessarily include every single word change, particularly the grammatical or "housekeeping" changes. We will have an opportunity to discuss the agreement at your work session on July 31st. Cc Bob Miklo County Planning & Zoning T/pcd/kf-fringe.doc 5i Prepal;:,ed by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR OF LAND WITHIN THE EXTRATERRITORIAL AREA OF CITY AND INCORPORATING THOSE POLICIES INTO THI IOWA CITY COMPREHENSIVE PLAN. WHEREAS, Chapter 28E of the Code of Iowa (1999) enable or more local governments to enter into agreements to cooperate for their mutual advanta and WHEREAS, the Johnson County Land Use Plan December 31, 1998 calls for the preparation and adoption of development plans and a between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan in December, 1997 outlines the extent of urban development expected within the next WHEREAS, it is in the interest of Johnson and the, City of Iowa City to establish policies for the orderly growth and development the City's frin~t~.area; and WHEREAS, Johnson County and the )~ity of Iowa City mutu ly agree that such policies are environmentally sensitive features. / fringe area's natural resources and its NOW, THEREFORE, BE IT RE~OLVED BY THE , CITY CO HE CI~ OF IOWA CITY, IOWA, THAT: 1. The City Council of the C~y of Iowa City, Iowa hereby accepts and agrees to the policies regarding annexation, zghing, and subdivision and development review for the various designated areas included in the a~ached Fringe Area Policy Agreement be~een Johnson County, Iowa and IowaCity, Iowa. 2. The City Council 9y'the City of Iowa City hereby incorporates the Fringe Area Policy Agreement into the ~0wa City Comprehensive Plan. Resolution No. Page 2 3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law. Passed and approved this day of ,20 ",,,, MAYOR A by ATTEST: -,,, CITY CLERK , City Attorney's Office It was moved by '-,, and sec by the Resolution be adopted, and upon roll call there were: '\ '\ \ AYES: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppddir/res/extraten',doc / i I i i FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1999) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and their mutual advantage; a WHEREAS, the Johnson COunty Land Use Plan ado 31, 1998 calls for the preparation and adoption of development plans and a between the County and the City regarding the municipality and its e. nvironment; and WHEREAS, the Iowa City Comprehensive Plan U adopted in December, 1997 outlines the extent of urban development expected-~within the n, 20 years; and WHEREAS, it is in the interest of Johns0D, Co (the "County") and the City of Iowa City (the "City") to establish policies for the orderly' and development within the City's fringe area; and \ WHEREAS, Johnson County and the of"'l,,.owa City mutually agree that such policies are necessary to more effectively and ~lly provide services for future growth and development and to protect and fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIE AGREE AS SECTION I. FRINGE AREA The parties accept and agree the following developmerft licies regardi'ng annexation, zoning, and subdivision review for City fringe area as author by Chapter 354, Code of Iowa (1999). Purpose: The Fringe Area reement is intended to provide for and efficient development patterns appropriate a non-urbanized area, protect and t he fringe area's natural resources and envi y sensitive features, direct develo .. to areas with physical characteristics can accommodate development, and effectively an'~economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fdnge area development policies contained in Section C of this. Agreement. The development policies of this Agreement are intended to be consistent with the policies of the adopted Johnson County Land Use Plan and the/owa City Comprehensive P/an. A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following general standards apply to unincorporated development in the fringe area. 1. Dis ourage development in areas which conflict with the Johnson County Land Use ..... .Rating), high water table, wetlands, 2. Protect t e public health by requiring developers meet or exceed minimum standards r water and wastewater systems ~ all ~ments within the Iowa City Fringe A~~rsuant to Johnson County Publi H Depa~ment Regulations. 3. Encourage development which press large tracts of open space including environmentally ~sitive areas and farm I~ results in compad development which requires less ~cture, and is more for provision of se~ices. C. Fringe Area Development The pa~ies agree to apply t development policies. FRINGE AREA A 1. Land within Iowa Citv's ~rea. Land in Area A which is presently zoned for residential development, Iowa City's gro~h area, may develop in conromance with zoning, subdivisions and development projects shall conform to City Design contained in Title ~ 4, Chapter 7 of the City Code of Iowa but limited to City specifications for streets and roads, sanita~ lines, management facil~ies and water lines. Developments approved prior annexation shall be required to be se~ed by a package sewage treatment nt and common wells, with sanita~ sewer and and distribution which are constructed to City standards and can be municipal systems annexation. Subdivisions development projects which ~ approved prior to annexation shall be required cluster developments with a inimum of 50% of the development designated an outlot for open space, agr~ure, or future development upon aRRexafioR. Prior to any zoning changes in Iowa Ci~y's projected gro~h area shall be consistent the City's adopted land use plan. 2. Land outside Iowa Citv's Growth Area. Any rezonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. On a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) may be considered. RS zoning will be considered if the application to rezone includes a concept plan showing a minimum of 50% of the property designated as an outlot for open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. 3. Any development on property governed by the Iowa City/Coralville Agreement Providing for Future Annexations and Extraterritorial Review of Subdivision Plats (Sept. 1999) shall be consistent with said agreement. Such agreement shall take precedence over this Fringe Area Policy Agreement. 4. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it pursuant to Iowa Code §354.9 and Title 14, Cha.pter 7 of the City Code of the Iowa City, Iowa. The City will review the of its fringe area as a result nexation on a case-by-case basis in cons~ Johnson County. FRINGE AREA B As set forth in Iowa adopted growth City will likely annex land within one mile of Iowa City to east and within two of Iowa City to the south in the short- range. It is therefore sistent with the of this agreement that rural subdivisions within these areas of annexation be required to meet City Urban Design Standards contained in ndix A. 1. Land within Iowa As applications are received to develop land contiguous to and within limits of the city, the City will give favorable consideration to the volunta ion of this land and its development at an urban density in conformance with City's adopted land use plan. Prior to annexation, any es in Iowa City's projected growth area shall also be consistent with land use plan. Subdivisions and devek within Iowa City's projected growth area shall conform to City Urban esign contained in Title 14, Chapter 7 of the City Code of Iowa City, but not to City specifications for streets and roads, sanitary sewer lin~ stormwater agement facilities and water lines. Developments are approved pdor shall be required to be served by a package sewage treatment and common wells with sanitary sewer and water collectk and distribution systems are constructed to City standards and can be connE to municipal systems u annexation. gubdivisions~ development projects which approved prior to annexation shall be required to e cluster developments with a k mum of 50% of the development designated a an outlot for open space, agricult~ or future development upon anRiexation. 2. Land outside Iowa Citv's Growth Area. On the bala~ of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. Any rezonings in this area will be considered on the basis of conformity with the Johnson County Land Use Plan and other related policies. However, consideration will be given to applications for single-family residential development at a density of RS-10 (1 dwelling unit/10 acres). This development must conform to Rural Design Standards. -4- Cluster subdivisions which designate a minimum of 80% of the property as an outlot for agricultural uses and/or open space will be encouraged when any development is considered. Given the existence of commercially zoned property and the demand for commercial uses at the 1-80/Herbert Hoover Hiclhway interchan.qe, rezonin.qs to County CP-2 of property abuttin.q the interchan.qe, as shown on the Land Use Plan attached, will be considered. All existin.q commercia~V zoned ProPertY and any properties rezoned to CP-2 shaft be subiect to the County's Site Plan Review Requirements with the followin ~ exception: aft parkinq areas shall be constructed of asphalt or portland cement (PCC). .. 3. Upon ttion of land within Fringe Area B City agrees that it will not auto its fringe area authority to and approve all subdivisions, which it ,s pursuant to Iowa Code and Title 14, Chapter 7 of the City Code of the Cit of Iowa City, Iowa. The Ci review the extension of its fringe area as a result annexation on a basis in consultation with Johnson County. FRINGE AREA C 1. Land within Iowa Citv's irowth Land in Area C, which is presently zoned for residential development Iowa City's growth area, may develop in conformance with existing provided subdivisions and development projects shall conform to City Urban gn standards contained in Title 14, Chapter 7 of the City Code of Iowa City, inclu~ but not limited to City specifications for streets and roads, sanitary sewer line,, ~rmwater management facilities and water lines. Developments which are prior to annexation shall be required to be served by a package sanitary plant and common wells with sanitary sewer and water collection which are constructed to City standards and can be connected municipal upon annexation. Subdivisions and are approved prior to annexation shall be required to be c developments a minimum of 50% of the development designated as an Putlot for open agriculture, or future development upon annexation. Upon to Iowa City, :ial and/or industrial development is encouraged s~ and southwest of the City Municipal Airport as shown on the attached Lan~ Plan and in the portion of ;ction 20 of West Lucas Township that is located east and south quadrants the Highway 1 and Highway 218 interchan It is consistent with the of this agreement not to approve commercial and/or industrial developments this area prior to annexation. As stated in he Johnson County Land Use commercial and/or industrial develo~ will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for uses consistent with the City's Comprehensive Plan. -5- 2. Land outside Iowa CitV's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. Any rezonings in this area will be considered on the basis of with the Johnson County Land Use Plan and other related policies. land in Area C currently zoned A-l, Rural, and outside the City's growth area be considered, upon receip of an application, for rezoning to RS-10 (1 dwelli unit/10 acres). RS-5 (1 dwellin unit/5 acres) will be considered if the apl: iG I ~ rezone includes a concept ap~r?cud~?ating a minimum of 80% of the property an outlot for open space or \ Rural Design. Standards will apply to all develop~ outside the City's growth area. 3. Upon annexat'i~n of land within Fringe C, the City agrees that it will not automatically ex~nd its fringe area auth< to review and approve all subdivisions, which it exercises\~ursuant to Iowa §354.9 and Title 14, Chapter 7 of the City Code of the City of~ Iowa City, Iowa. City will review the extension of its fringe area as a result of ~;~nexation on basis in consultation with Johnson County. " SECTION II. PROTECTING OPERATIONS Any regulations in the Fringe Area will not interfere with the Right to Farm, as contained in the Code of Iowa Cha 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8 Agricultural Operations. SECTION III. ADMINISTRATIVE As a rule, zoning regulation the prerogative if a county has adopted a zoning ordinance. The City, howeve exercises rity over subdivision regulation in a city's fringe area. Annexation is also under rule of cities. Each of these activities, however, affects both jurisdictions an~ ~roduces a clear for coordination and joint administration. To that end, the City of City and Johnson mty agree to the following procedures for administration of land use ulations. A. Zonin.cl 1. Zoning ion for all unincorporated will remain under the authority of the Johnson ounty Zoning Ordinance and the ~sions of Chapter 335, Code of Iowa (1999), the enabling legislation for the County's ~ing powers. 2. Pursuant to Section 8:1.30 of the Johnson County ng Ordinance, any person may request a variance to the lot area regulations of the ~ning ordinance or appeal the decision of any officer of the County as that decision r~lates to enforcement of the Zoning Ordinance. 3. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will -6- conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. B. Subdivision Re.qulation: 1. Subd~ ision of land within Iowa City's fringe area will be to conform to either i \, 2. Persons wis~q, ing to subdivide land within the frin area specified in this Agreement shall be requi're.,d to simultaneously file a subdivi application with both the City and the County. Th~ City and the County shall the processing of the application to ensure concuY, rent review by both the C Planning and Zoning Commission and the County Plannii!,.g and Zoning Commis., n. !\ 3. Subdivisions of land",j, nto fewer than lots will continue to be regulated by the County. ',. ,,,, C. Development projects not reqU'tf,!n.q Any development projects larger 2 acres within the City's growth area shall be subject to review by both the City and the ~unty in accordance with the procedural requirements of each jurisdiction. D. Annexation: 1. Iowa City will annex only in ~nce with the policy statements specified in this Agreement. 2. The City will, upor forward a requesting annexation or severance (deannexation) within the s area specified in this Agreement to the County for and comment prior to ~sideration by the Iowa City Planning and Zoning Commi.~ ~n. 3. As appropri~and necessary, the City extend the two-mile extraterritorial subdivision~t review area. Prior to any suchthe City will forward to the County a which includes the extensionthe City's plat review authority for any distar up to the two mile limit provided bylaw. The County will have a s :ime within which to respond in affirmative reement, negatively or with an proposal. The City will take the County's under advisement when ning the extension of extraterritorial review. E. Conflict Resolution: If the City and County are in conflict over a proposed subdivision, rezoning application, or annexation that may violate this agreement, a review commigtee, comprised of members of the City Council, Board of Supervisors and staff, shall be established to negotiate a resolution prior to final action being taken by either body to subdivide, rezone, or annex property. -7- SECTION IV. AGREEMENT REVIEW At any time during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EF CTIVE PERIOD °m~nbt.y This Agreement shall be automatically rene~ed unless the County or the City objects to such renewal prior to the renewal date, " SECTION VI. RECORDATION This Agreement shall be filed with the Secretary of the Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Ic (1999). Dated this day of ".+ ,2000. JOHNSON COUNTY By: Chairperson, Board of Supervisors Approved by: County Attomey's Office Attest: County Auditor Dated this day of , 2000 CITY OF IOWA CITY By: Mayor / ' Attest: City Clerk -8- Approved by: City Attorney's Office ATTACHMENt: 1. Proposed L~tqd Use Map for the Iowa City Fringe 2. Appendix A: Definition of Standards ppdadmin~agt~fringe6.doc APPENDIX A Definition of Standards City Urban e~,'.qn Standards' Those standards ~numerated in Title 14, Chapter 7 of the City Code of Iowa City which the \ City imposes on an,/,,.~subdivision within the corporat~."iimits of Iowa City . City Rural Desicln Stand~r. ds: 1.0 Streets ",... 1.1 Streets shall be design or a mini ace width of 22 feet. Curb and gutter will not be required. \, \ - 1.2 The right-of-way for local without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and walk in the future as necessary; otherwise, the right- of-way for local streets with and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, ind~ collector streets for the developed area shall be determined in con Planning and Zonihg Commission. 1.3 The maximum street grac for local shall be 12%. 1.4 The pavement cross for all ;nts will be a 2% parabolic crown. This cross slope is equivale to *A-inch per 1.5 The pavement slab s be constructed of a rolled stone base and a 22-foot wide chipseal surface. / 1.6 Minimum corner ra/dii shall be 20 feet. / 1.7 The minimum ditch grade shall be 1.0%. In it will be necessary to place a 12-inch diameter (minimum) culvert, either reinforc4 concrete pipe or corrugated metal pipe, thro,~gh all drive approaches constructed a drainage ditch. The exact size of pipe reqbired will be a function of the area to Irained. / 1.8 Drive approaches shall be hard surfaced within 'he -we,/. 2.0 Water Distri~jtion System 2.1 Well(s) shall.conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC-ASTM D 1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of ~ransmittai from the approprsate Fire Protect;on District approving spacsng, Iocat on. number of fire hydrants, seze of mares, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System ~s subject to City Council consideration based on avedebility. Generally, annexation is a criterion which must be met. ,.,, 3.0 Sanliar Sewer i i - atment and Disposal Systems and to the 1990 Iowa City WasteWater Treatment and Di= System Policy. 4.0 Storm Sewers 4.1 With the exception 0~developmen in the Old Man's Creek watershed, the City Storm Water Ma~ement shall apply to new developments located outside the City limits ~ but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conf~ to revised Section VII (Storm Sewers) of the Design Standards for Public Works in Iowa City, Iowa· 4.3 Culve~s shall be a minimu ~ches in diameter; either reinforced concrete pipe or corrugated metal pipe ~uge 18 and corrugations 2 'x ~ ", 2~"x ~ ", and 3"xl ") shall be used. conform to the Standard Soecifications for Hiqhwav and BridQe Se~ s of 1977. Minimum cover over the top of culve~ shall be six incl 5.0 UnderQround Utilities 5.1 Whenever a subdivi: on shall be laid out such ~at a new street is required, telephone and ele~ric utilitie~ shall be underground. It i= intended that small subdivisions which would use a~y~xisting county road would ~w this requirement since overhead utilities are probe directly adjacent to the pro ,. / / Lan~ Fringe Area LEGEND Land Use Plan Land TIFRN i ..... ., .........._,~.,., C ~, ..........~'/' / Z: '~ """ Fringe Area · I~:GEiVD Prepared by: Angela Williams, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5244 RESOLUTION NO. 00-314 RESOLUTION ADOPTING IOWA CITY'S AMENDED FY01 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY01 as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a meeting on July 20, 2000, regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 2001; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the Amended FY01 Annual Action Plan; and WHEREAS, the Amended FY01 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Amended FY01 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY01 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City Amended FY01 Annual Action Plan, filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Amended FY01 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Resolution No. 00-314 Page 2 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Amended FY01 Annual Action Plan. Passed and approved this 12th day of September ,20 00 Approved by ~ity A~or~ey'80~ce t, Ao~ It was moved by 0'Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdcdbgVes\01-06citystps.doc Exhibit A FY0;L Annual Action Plan Budget ...! ~. ...~;~'~,; : Economic Development iSED- Micro-enterprise Training $ Z0,000 $ 10,000 Public Facilities DVZP - Safety Equipment $ 6,427 $ 6,427 Goodwill industries - Transit/Accessibility Project $ 104,500 $ Z04,500 Hannah's Blessing Day Care Center - Daycare Expansion $ 200,000 $ 200,000 Public Services DVZP - Furniture Project $ ~3,725 $ 13,725 iowa City Free Medical Clinic - Nurse Case Management $ 21,275 $ 2:1.,275 Successful Living - Transitional Housing Support Services $ ;18,000 $ 18,000 Aid to Agencies $ 105,000 $ 105,000 Housino City of iowa City - Housing Rehabilitation Program $ 186,623 $ 186,623 Elderly Services Agency - Small Repair Program $ 25,000 $ 25,000 Hawkeye Area Community Action Program - Acquisition $ 96,450 $ 96,450 Hillcrest Family Services - Rehabilitation $ 8,000 $ 8,000 iowa City ZHA 1i LP - New Construction Rental Housing $ 275,000 $ 275,000 MECCA- New Construction Transitional Housing $ 325,000 $ 325,000 Successful Living - Transitional Housing Acquisition $ 200,000 $ 200,000 Greater iowa City Housing Fellowship ~ Lot Acquisition $ $ 25,550 Prooram Administration Contingency $ 6:Z,000 $ 3.93,491 CDBG and HOME Program Administration $ 234,000 $ 234,000 TOTALS $ 2,890,000 $ 2,048,041 FY0~ CDBG Entitlement $ 938,000 $ 938,000 FY01 HONE Entitlement $ 642,000 $ 642,000 Unexpended Funds (prior FY00) $ 190,000 $ 190,000 Unexpended Funds (FYO0 only) $ $ 69,514 Unallocated Program income (prior FY00) $ 90,000 $ 90,000 Unallocated Program income (FYO0 only) $ $ 88~527 Anticipated FY0:Z Program income $ 30,000 $ 30,000 TOTALS $ 1,890,000 $ 2,048,041 9/1/00 Council Member 0'Donnel 1 introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $12,000,000 SEWER REVENUE BONDS," and moved its adoption. Council Member Kanner seconded the motion to adopt. The roll was called and the vote was, A~[ES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, 0'Donnell, Pfab -NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 00-315 RESOLUTION DIRECTING SALE OF $12,000,000 SEWER REVENUE BONDS, SERIES 2000 WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $12,000,000 SEWER REVENUE BONDS, SERIES 2000: Bidder: Dain Rauscher of Chica~to the terms of said bid being: Price of $11,881,658.64. Interest rates of 5.125; 5.25; 5.30; 5.375; and 5.50 for 2001 throuqh 2025 maturities. Net interest rate is 5.4646%. -4- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 12th day of September ,2000. Mayor ATTEST: 246972\1 \10714059 -5- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $12,000,000 SEWER REVENUE BONDS," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: / / / /' / NAYS: / Whereupon, the Mayor declared the followi, nfResolution duly adopted: / / WHE~AS, pursuant to notice by law, bids have been received at public sale Br the bonds described as and the best bid received is detemined to be the Bllowing: ' $12,000,000 BO~S, SEXES 2000: Bidder: . of the terms of said bid being: i -4- REPORT OF BIDS CITY 0 F IOWA CITY, IOWA $12,000~000 Sewer Revenue Bonds September 12, 2000 W:FORM~DIRKS.DOC TO: Iowa City Mayor, City Council and Administation FROM: David Dirks EVENSEN DODGE, INC. SUBJECT: $12,000,000 Sewer Revenue Bonds Today, September 12, 2000, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax-exempt market. BIDDER ADDRESS $ NIC (%) TIR Dain Rauscher, Inc. Chicago, IL $ 9,980,535.87 5.4646 % US Bancorp-Piper Jaffray Minneapolis, MN $10,012,259.87 5.4686 % PaineWebber Inc. Chicago, IL $10,056,425.00 5.5055 % WE RECOMMEND AWARD TO: Dain Rauscher, Incorporated Thank you for the opportunity to be of service to the City of Iowa City, Iowa. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 W:\fom~Xresults\dirks REPORT OF BIDS CITY 0 F I OWA CITY, I OWA ,::!: ,:~? :~,!~!,!~:!!~!,::,~i!!~ $12,000,000 Sewer Revenue Bonds September 12~ 2000 TO: Iowa City Mayor, City Council and Administation FROM: David Dirks EVENSEN DODGE~ INC. SUBJECT: $12,000,000 Sewer Revenue Bonds Today, September 12, 2000, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax-exempt market. BIDDER ADDRESS $ NIC (%) TIR Dain Rauscher, Inc. Chicago, IL $ 9,980,535.87 5.4646 % US Bancorp-Piper Jaffray Minneapolis, MN $10,012,259.87 5.4686 % PaineWebber Inc. Chicago, IL $10,056,425.00 5.5055 % WE RECOMMEND AWARD TO: Dain Rauscher, Incorporated Thank you for the opportunity to be of service to the City of Iowa City, Iowa. We are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 W:\fom~Xresults~irks NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director in the City of Iowa City, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 12th day of September, 2000. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Council Chambers, Civic Center, 410 East Washington Street, at a meeting of the City Council on the above date at 7:00 o'clock P.M. The Bonds: The bonds to be offered are the following: SEWER REVENUE BONDS in the amount of $12,000,000, to be dated October 1, 2000 (collectively the "Bonds). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5053; or the City's Financial Consultant, Evensen Dodge, Inc., 601 2nd Avenue South, Suite 5100, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion wilt be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. MARIAN K. KARR City Clerk of the City of Iowa City, Iowa 09-12-00 11 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 00-316 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2000 PAVEMENT MARKING PROJECT. WHEREAS, All Iowa Contracting of Waterloo, Iowa has submitted the lowest responsible bid of $33,976.90 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 All Iowa Contracting, 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 12th day of September, 2000. FAYb~' ' '' rove CI City Attorney's Office AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/alliowa.doc Publish 8/21 ADVERTISEMENT FOR BIDS 2000 PAVEMENT MARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 6TM day of September, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 12th day of September, 2000, or at such later time and place as may be scheduled. The Project will involve the following: The surface preparation for and the installation of 205 stations of pavement markings on certain arterial and collector streets. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 10 Specified Completion Date: November 15, 2000 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City Engineer, 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 City of Iowa Prospective bidders are advised that the City of Iowa City desires to employ minority contactors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tact. 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. If no minority business enterprises (MBE) are utilized, the Contactor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contact with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK pweng~2OOOpave\~adbids.doc 8/00