Loading...
HomeMy WebLinkAbout2005-10-18 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-329 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, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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: Red Poppy - 341E. College Street Passed and approved this 18th dayof October ,20 05 MAYOR Approved by CITY CLERK -- E;ity Attorney's Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion X EIliott x Lehman × O'Donnell x Vanderhoef x Wilburn Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-330 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 613 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on October 6, 2000, the owner executed an Mortgage with the City of Iowa City; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 613 Ronalds Street, Iowa City, Iowa from a Mortgage, recorded October 17, 2000, Book 3012, Page 62 through Page 68 of the Johnson County Recorder's Office. Passed and approved this 18th .day of October ,20. 05 Approved by CI'r~-CLERK City Attorney's Office It was moved by Champ-ion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x . Champion x Elliott x Lehman X O'Donnell x Vanderhoef x Wilburn Prepared by and retum: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s):Donna O'Bden a/k/a Donna M. O'Brien Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 613 Ronalds Street, Iowa City, Iowa, and legally described as follows: The west 44.43 feet of Lot Three (3) in Block Thirty-one (31) in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owner, Donna O'Brien a/k/a Donna M. O'Brien, to the City of Iowa City represented a Mortgage, recorded October 17, 2000, Book 3012, Page 62 through Page 68 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. Appr°ved,~~ ~IT'~CLE~RK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I ~, day of [~Cl"'oR.E.I~' , A.D. 20 ~ , ~fom me, the undemign~, a Nota~ Public in and for said Count, in said State, pemonally ap~ar~ Ernest W. Lehman and Madan K. Karr, to me ~monal~ known, who ~ing by me du~ sworn, did say that they am the Mayor and C~ Cle~, ms~ive~, of said municipal co~omtion executing the w~hin and foregoing instrument; that the seal affix~ thereto is the seal of said co~oration, and that the instrument was signed and sealed on ~haff of the co~oration by author~ of ~s Ci~ Council, as contain~ in Resolution No.~-35~ adopted by the C~ Council on the I ~ day ~, 20 O_~ and that the said Ernest W. Lehman and Marian K. Karr as such officem acknow~dged the execution of said instrument to be the volunta~ act and deed of said co~oration, by it and by them voluntarily executed. ISONDRAE FORT i F~ ~ ~ Commission Number 159791~ Nota~ Public in and for Johnson Count, Iowa ' ~ 'l My Commission E~ims ] Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-331 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1406 SPRUCE STREET, IOWA CITY, IOWA. WHEREAS, on October 19, 2000, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1406 Spruce Street, Iowa City, Iowa from a Mortgage, recorded November 8, 2000, Book 3017, Page 168 through Page 174 of the Johnson County Recorder's Office. Passed and approved this 18th day of October ,20 05 . MAYOR Approved by CIIY"CLERK City Attorney's Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman × O'Donnell × Vanderhoef x Wilburn Prepared by and return: Liz Osbome, Housing Rehab Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s):Lois M Britton and Michael L. Britton Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1406 Spruce Street, Iowa City, Iowa, and legally described as follows: Lot seventy-seven (77) in Block five (5), in the Third Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, Lois M. Britton and Michael L. Britton, to the City of Iowa City represented by a Mortgage, recorded November 8, 2000, Book 3017, Page 168 through Page 174 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. MAYOR ATTEST: '~..'x.~.~,.~ ,,~- ~ Appr(~~ ~ I O' ~""c-~ CIT'~- CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ~ day of {~c~__, A.D. 20 b.~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of ~e corporation by authority of its City Council, as contained in Resolution No.{)~?~.,~, adopted by the City Council on the J ~ day ~, 20 O__~ and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~]Commission Number 159791 ] Notary Public in and for Johnson County, Iowa F Jill"! My Co. mmission Expires I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-332 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 733 HIGHLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on November 15, 2002, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 733 Highland Avenue, Iowa City, Iowa from a Mortgage, recorded November 26, 2002, Book 3429, Page 633 through Page 637 of the Johnson County Recorder's Office. Passed and approved this 18th day of October ,20 05 MAYOR ATTEST: )~x~-~ .~_. ~;;~__.4.4~ tOY ClTY'~LERK City Attorney's Office It was moved by Champion and seconded by O'Donnel] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott × Lehman , O'Donnell × Vanderhoef × Wilburn Prepared by and retum: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 733 Highland Avenue, Iowa City, Iowa, and legally described as follows: Lot 69, Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 313, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. from an obligation of the owners, David A. and Jean M. Sellnau, to the City of Iowa City represented by a Mortgage, recorded November 26, 2002, Book 3429, Page 633 through Page 637 of the Johnson County Recorder's Office. CITY"CLI~RK ' City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this l ~5 day of ~--'7". o~ F,r~ , A.D. 20 0 ,.~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of thee corporation by authority of its City Council, as contained in Resolution No.~.~adopted by the City Council on the ) ~3 day _..L~~, 20 ~ and that the said Ernest W. Lehman and Marian K. Karr as such offiCers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT i ~°l~i~ ~1 Commission Number 159791~ Notary Public in'and for Johnson County, Iowa '.~,. '1 My Com.rnission Expires ! Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-333 RESOLUTION ACCEPTING THE WORK FOR THE 2005 TRAFFIC SIGNALIZATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2005 Traffic Signalization Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, dated July 21,2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $412,091.12. 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 ] gth day of October ,20 05 · "I~I'A?bR - ' - - Approved by CITY'CLERK ~ity Attorneys Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn pweng~res~005 signal acceptdoc 9/99 Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05_-334 RESOLUTION ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City, Iowa deems it to be in the public interest that the City Council establish a Youth Advisory Commission for the City of Iowa City, Iowa to serve as an advisory body to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. A Youth Advisory Commission is hereby established for the City of Iowa City. 2. The mission of the Youth Advisory Commission is to promote understanding and awareness of Iowa City among Iowa City youth, allow a select group of youth to help make decisions concerning them and their peers, enable youth members to utilize and expand on their leadership abilities, to serve as a mechanism for communication between youth and adults in Iowa City and create a bridge whereon youth and adults can develop partnerships. 3. The Youth Advisory Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall be residents of Iowa City. Four (4) members shall be ages 15 to 17 on the date of appointment. Three (3) members shall be ages 18 to 21 on the date of appointment. Said age requirements may be waived by the Council due to a lack of applicants. All members shall serve without compensation, except for reimbursable expenses. 4. The City Council shall appoint members to the Commission for staggered terms. All appointments shall be for two (2) year terms, except for the initial appointments which shall be as follows: a. Two (2) persons appointed to the age 15-17 seats for two (2) year terms. b. Two (2) persons appointed to the age 18-21 seats for two (2) year terms. c. Two (2) persons appointed to the age 15-17 seats for one (1) year terms. d. One (1) person appointed to the age 18-21 seats for a one (1) year term. 5. The Council shall choose one (1) council member to serve as the Council liaison to the Youth Advisory Commission and one (1) council member to serve as an alternate liaison. Said liaison shall interview persons applying to serve on the Commission and make a recommendation to Council. Said liaison shall attend the Commission's meetings. Resolution No. 05-334 Page 2 6. The City Clerk of the City of Iowa City, Iowa shall be authorized to take whatever administrative action is necessary to provide staff assistance and information necessary to aid the Commission in the performance of its duties. 7. The Commission shall adopt a set of By-Laws to be approved by the City Council which the Commission deems necessary and advisable for conducting the business of the Commission, subject to the ordinances of the City of Iowa City, and in accordance with the Iowa Open Meetings law. Passed and approved this 18th day of October ,2005. MAYOR ATTEST: "~)q,~>c~.~.-~.~ ~. ~ ~IT¥--CLERK ' .,.roved by ID City Attorney's Office It was moved by Yanderhoef and seconded by Ba±ley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliot × Lehman × O'Donnell × Vanderhoef X Wilburn Eleanodres/YouthAdvComm.doc Prepared by: Robed Miklo, Sr. Plant'er, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00018) RESOLUTION NO. 05-335 RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE - PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, the Estate of Wilfreda Hieronymous, filed with the City Clerk the final plat of Cardinal Ridge - Part One, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Comer of the Southwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S89°00'27"W, along the South Line of said Southwest Quarter of the Northwest Quarter, 469.96 feet; Thence N00°59'33'~/V, 591.21 feet; Thence S67°49'49'~/, 92.95 feet; Thence N64°25'02"W, 185.91 feet; Thence N17°27'03"W, 92.96 feet; Thence N10°22'01"W, 364.40 feet; Thence N03°18'17"E, 97.54 feet; Thence N04°57'51"E, 343.38 feet; Thence N18°18'46"W, 105.95 feet; Thence Southwesterly, 37.18 feet, along a 530.00 foot radius 'curve, concave Northwesterly whose 37.17 foot chord bears S73°41'48'~/; Thence N14°17'37'~'V, 188.64 feet; Thence N75°16'37"E, 85.04 feet; Thence N14°36'59"E, 78.60 feet; Thence N22°04'21"E, 120.83 feet; Thence N24°57'12"E, 181.81 feet; Thence N69°57'12"E, 127.28 feet; Thence S80°02'48"E, 88.00 feet; Thence S49°25'47"E, 107.57 feet; Thence S16°36'44"E, 146.52 feet; Thence S59°49'35"E, 150.00 feet; Thence N30°10'25"E, 27.96 feet; Thence Northwesterly, 25.62 feet, along a 20.00 foot radius curve, concave Southwesterly, whose 23.90 foot chord bears N06°31'32"W; Thence Northeasterly, 123.41 feet, along a 50.00 foot radius curve, concave Southeasterly, whose 94.39 foot chord bears N27°29'10"E; Thence N08°11'49"E, 243.84 feet; Thence N52°54'25"E, 60.68 feet; Thence S89°37'04"E, 101.22 feet, to a Point on-the East Line of the West One-Half of the Northwest Quarter of said Section 7; Thence S00°22'56"W, 2313.87 feet, to the Point of Beginning. Said Tract of land contains 35.42 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 05-335 Page 2 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the ownedsubdivider. Passed and approved this 18th dayof October ,20 05 · MAYOR Approved by ....~ ~. ....-- / // CITY"CLERK It was moved by O' pnnno] ] and seconded by Champion the Resolution be adopted, and up°n roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x ~ Lehman × __ O'Donnell X __ Vanderhoef × __ Wilburn ppdadminVes',,cardinalddge 1 .doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00022) RESOLUTION NO. 05-336 RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE - PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, The Estate of Wilfreda A. Hieronymus, filed with the City Clerk the final plat of Cardinal Ridge - Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Cardinal Ridge Part Two Beginning at the West Quarter Corner of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N00°36'32"E, along the West Line of the Northwest Quarter, of said Section 7, a distance of 1615.73 feet; Thence S89°23'28"E, 81.56 feet; Thence S34°19'31"E, 29.51 feet; Thence S23°37'01"E, 76.87 feet; thence S70°01'00"E, 154.70 feet; thence N63°35'01"E, 77.15 feet; Thence N86°04'14"E, 41.34 feet; Thence N17°54'19"E, 187.65 feet; Thence Southeasterly, 77.59 feet, along a 228.28 foot radius curve, concave Northeasterly, whose 77.22 foot chord bears S81°49'56"E; Thence N01°34'11"W, 124.90 feet; Thence N86°22'01"E, 73.01 feet; Thence N78°11'28"E, 67.31 feet, to a Point on the West Line of Cardinal Ridge - Part One, in accordance with the Recorded Plat thereof; Thence S14°17'37"E, along said West Line, 188.64 feet; Thence Northeasterly, 37.18 feet along said West Line on a 530.00 foot radius curve, concave Northwesterly, whose 37.17 foot chord bears N73°41'48"E; Thence S18°18'46"E, along said West Line, 105.95 feet; Thence S04°57'51"W, along said West Line, 343.38 feet; Thence S03°18'17"W, along said West Line, 97.54 feet; Thence S10°22'01"E, along said West Line, 364.40 feet; Thence S17°27'03"E, along said West Line, 92.96 feet; Thence S64°25'02"E, along said West Line, 185.91 feet; Thence N67°49'49"E, along said West Line, 92.95 feet; Thence S00°59'33"E, along said West Line, 591.21 feet, to the Southwest Corner thereof, and a Point on the South Line of said Northwest Quarter of Section 7; Thence S89°00'27"W, along said South Line, 465.67 feet; Thence N00°36'22"E, 346.52 feet; Thence N86°24'43"W, 412.89 feet; Thence S00°36'32"W, 379.51 feet, to a Point on the South Line of said Northwest Quarter of Section 7; Thence S89°00'27"W, along said South Line, 231.00 feet, to the Point of Beginning. Said Tract of land contains 29.56 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. Resolution No. 05-336 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this lgth day of October ,20 05 · MAYOR Approved by L,~ty Attorney s Office It was moved by BaJ_'ley and seconded by r.J_]_±ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott × Lehman x O'Donnell × Vanderhoef x Wilburn ppdad m/res/cardinalddge2-finalplat.doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00022) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE - PART TWO AND THREE, IOWA CITY, IOWA. WHEREAS, the owner, The(Estate of Wilfreda A. Hieronymus, filed with the City Clerk the final plat of Cardinal Ridge - Part Twt and Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision~is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit'. \ Cardinal Ridge Part Two \\~ , ,,/ Beginning at the West Quarter O0rner ,,o,f Section 7, Township 79 Nortt),, Range 6 West, of the Fifth Principal Meridian Thence N~0°36 32"E, along the West Line o~he Northwest Quarter, of said Section 7, a distance of 1615.7'9 feet; Thence S89°23'28"E, 81z~'6 feet; Thence S34°19'31"E, 29.51 feet Thence S23°37'01"E 76.87 feet; thence S70/~dl'00"E, 154.70 feet; thence N63°35'01"E, 77.15 feet Thence ~°04'14"E, 41.34 feet; ~ence N17°54'19"E, 187.65 feet; Thence Southeasterly, 77.59 feet, a 228.28 foot r,c~lius curve, concave Northeaster y, whose 77.22 foot chord bears ; Thence?N01°34'11"W, 124.90 feet; Thence N86°22'01"E, 73.01 feet; Thence 11'28"E, to a Point on the West Line of Cardinal Ridge - Part One, in ac with the ~rded Plat thereof; Thence S14°17'37"E, along said West Line, 188.64 feet; 37.18 feet along said West Line on a 530.00 foot radius curve, concave whose 37.17 foot chord bears N73°41'48"E; Thence S18°18'46"E, along said West Line ;.95 feet; Thence SO4°57'51"W, along said West Line, 343.38 feet; Thence S03°18'17"W al, said West Line, 97.54 feet; Thence S10°22'01"E, along said West Line, 364.40 feet; 7°27'03"E, along said West Line, 92.96 feet; Thence S64°25'02"E, along said West .,L, it~e, 91 feet; Thence N67°49'49"E, along said West Line, 92.95 feet; Thence S00°59'33"E, along d West Line, 591.21 feet, to the Southwest Corner thereof, and a Point on the, 'South Line o said Northwest Quarter of Section 7; Thence S89°00'27"W, along said South. Line, 465.67 Thence N00°36'22"E, 346.52 feet; Thence N86°24'43"W, 412.89 feet; Thence S00°36'32"W 3.51 feet, to a Point on the South Line of said Northwest Quarter of SectiOn 7; Thence '"W, along said South Line, 231.00 feet, to the Point of Beginning. Said'Tract of land contains 2 56 acres, more or less, and is subject to easements and restrictions of record. Cardinal Ridge Part Three I certify that during the month of August, 2005, at the d rectikot~ of Southgate Development Co., a survey was made under my supervision of a Portion of the I~k)rthwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 6 West, and a,portion of the Northeast Quarter of the Northeast Quarter of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, IoWa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northwest Corner of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N88°30'37"E, along the North Line of said Northwest Quarter of the Northwest Quarter, 1569.06 feet, to the Northeast Corner thereof; Thence S00°22'56"W, along the East Line of said Northwest Quarter, 343.78 feet, to the Northeast Corner of Cardinal Ridge - Part One, in accordance with the Recorded Plat thereof; Thence N89°37'04"W, along the North Resolution No. Page 2 Line of said Cardinal Ridge - Part One, a distance of 101.22 feet; Thence S52°54'25"W, 60.68 feet; Thence S08°11'49"W, along said North Line, 243.84 feet; Thence Southwesterly, 123.41feet along said North Line on a 50.00 foot radius curve, concave Southeasterly, whose 94.39 foot chord bears S27°29'10"W; thence Southeasterly, 25.62 feet, along said North Line on a 20.00 foot radius curve, concave Southwesterly, whose 23.90 foot chord bears S06°31'32"E; Thence S30°10'25"W, along said North Line, 27.96 feet; Thence N59°49'35"W, along said North Line, 150.00 feet; Thence N16°36'44"W, along said North Line, 146.52 feet; Thence N49°25'47"W, along said North Line, 107.57 feet; Thence N80°02'48"W, along said North Line, 88.00 feet; Thence S69°57'12"W, along said North Line, 127.28 feet; Thence S24°57'12"W, along said North Line, 181.81 feet; Thence S22°04'21"W, along said North Line, 120.83 feet; Thence S14°36'59"W, along said North Line, 78.60 feet; Thence S75°16'37"W, along said North Line, 85.04 feet, to the Northwest Quarter thereof, and the Northeast Corner of Cardina/l/Ridge - Part Two in accordance with the Recorded Plat thereof; Thence S78°11'28"W, along t~f~ North Line of said Cardinal Ridge- Part Tw~o, ,a, di,s, tance of 67.31 feet; Thence S86°22'01" ,W~. !cng said North Line, 73.01 feet; Thence S 01 34 11 E along the..North Line of said Cardina/I/Ridge - Part Two, 124.90 feet; Thence Northwesterly, 77.59 feet/'"al°ng said North Line on_~. 228.2..8 foot radius curve, concave Northeasterly, whose 77.22 fcc(chord bears N81°49'56"VV/f Thence S17°54'19"W, along said North Line, 187.65 feet; Thence S~6°04'14"W, along said.,/No~h Line, 41.34 feet; Thence S63°35'01"W, along said North line, 77t. 15 feet; Thence N70/Y01'00 W, along said North line, 154.70 feet Thence N23°37'01"W, along Said North Line, 76.~'7 feet; Thence N34°19'31"W, along said North Line, 29.51 feet; Thence N89°23'28"W, along sed North Line and the Westerly projection thereof, 131.56 feet; Thence N00°36'32"E, 111.03 f/e'et; Thence Northwesterly, 31.42 feet along a 20.00 foot radius curve, concave Southwest/e~.l~.w~h~se 28.28 foot chord bears N44°23'28"W; Thence N89°23'28"W, 5.00 feet;'~ Thence N00°36'32"E, 60.00 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curvef~ concave Northwesterly, whose 28.28 foot chord bears N45°36'32"E; Thence N00°36'32''E, 36.75 feet; Thence Northeasterly 75.52 feet, ~ ¢ r along a 248.88 foot radius curve, concave Socjtl')easterly, whose 75.23 foot chord bee s N09°18'07"E; Thence Northeasterly, 90.52 feet i~fong a 298.32 foot radius curve, concave Northwesterly, whose 90.18 foot chord bears N09~,18'07"E; Thence N00°36'32"E, 105.35 feet; Thence S89°23'28"E, 30.00 feet, to a Point on t, he V~Cest Line of the Northwest Quarter of said Section 7; Thence N00°36'32"E, along said W~st Lii0e, 511.93 feet, to the Point of Beginning. Said Tract of land contains 27.89 acres, more?r less, ~nd is subject to easements and restrictions of record. ," ~ WHEREAS, the Department of Planning and Com.m.u~ity Development and the Public Works Department examined the proposed final,.plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission exa,rr~n, ed the final plat and subdivision and recommended that said final plat and 'subdivision be accepte~l and approved; and WHEREAS, a dedication has been made to the public, and t~e subdivision has been made with the free consent and in accordance With the desires of the owners~nd proprietors; and WHEREAS, said final plat and subdivision are found to conf~m with Chapter 354, Code of Iowa (2005) and all other state and local requirements. ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC~ OF THE CITY OF IOWA CITY, IOWA, THAT: ~ \ 1. The said final plat and subdivision located on the above-d~,s, cribed real estate be and the same are hereby approved. ~ 2. The City,accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for Resolution No. Page 3 public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents, and the plat at the office of the County Recorder of Johnson County, Iowa at the~.expense of the owner/subdivider. Passed and approved this 0ay of ,20 '"MAYOR ,, Approved by ATTEST: CITY CLERK \ , City Attorney's Office It was moved by and secon~l~d by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey Champion , Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadm/res/cardinalrid§e2&3-finalplat.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB05-00022 Cardinal Ridge - Parts Two Date: September 15, 2005 and Three GENERAL INFORMATION: Applicant: Southgate Development 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 Requested Action: Final Plat approval Purpose: 23-1ot (Part Two) and 19-1ot (Part Three) single-family residential subdivisions Location: West of Kennedy Parkway Size: Part Two - 29.56 acres Part Three - 27.89 acres Existing Land Use and Zoning: Undeveloped, rezoning from ID-RS to SAO/RS-5 before City Council Surrounding Land Use and Zoning: North: Undeveloped; ID-RS South: Undeveloped and residential; ID- RS East: Undevelop and Residential; OSA/RS-5 (Cardinal Ridge - Part One) OPDH-1 (Walnut Ridge) West: Undeveloped; ID-ORP Comprehensive Plan: Residential, 2-8 dwelling units per acre. File Date: August 29, 2005 45-Day Limitation Period: October 13. 2005 60-Day Limitation Period: October 28, 2005 2 BACKGROUND INFORMATION: The applicant, Southgate Development Co., is requesting approval of the final plat of Cardinal Ridge - Parts Two and Three. A separate application has been submitted for the final plat of Cardinal Ridge - Part One. On July 6, the Commission recommended approval of a rezoning, Sensitive Area Development Plan and preliminary plat for Cardinal Ridge. The City Council is scheduled to vote on the final reading of the rezoning ordinance and the preliminary plat at their September 20th meeting. ANALYSIS: The final plats as submitted are in general conformance with the pending preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. As noted in the staff report for Cardinal Ridge - Part One, the Parks and Recreation Commission may wish to require dedication of open space in Outlot C for the purpose of an east west trail. Depending on the Parks and Recreation Commission's decision, the open space will need to be identified on the plat or the legal papers will need to address payment of fees in lieu of open space. STAFF RECOMMENDATION: Staff recommends that SUB05-00022, the final plat of Cardinal Ridge - Part Two, a 29.56-acre, 23-1ot residential subdivision and Cardinal Ridge - Part Three, a 27.89-acre, 19-1ot residential subdivision located west of Kennedy Parkway, be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final Plat ./. Kalin Franklin, Director, Department of Planning and Community Development s\staffrepor~s\S U B 05-00018 S:\PCD~Staff Repods\SUB05-00022 cardridge,2&3flnalversion two,doc ~ GROWTH AREA LIMIT SITE LO~TION: Oardinal ~idge Pa~ 2 & 3 SUB05-00022 2g~ AC Final Plat .................................. Cardinal R~dge - Pa~t ~o Iowa CiLy, Iowa ~' _ .................... ~gJ 'c' ',, Final Plat. Cardinal RidRe - Part Three ...,.. _ ,..,.,... Iowa Cfi:y, Iowa .. ~.~,.,. ..... _ _ / Plat ~ MMS Co~u~TA~, INc. TI I10-18-05 I 6o Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., iowa City, IA 52240 (319) 356-5240 (SUB05-00006) RESOLUTION NO. 05-337 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART 21, IOWA CITY, IOWA. WHEREAS, the owner, Arlington Development Inc., filed with the City Clerk the final plat of Windsor Ridge, Part 21, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Auditor's Parcel 99086, Iowa City, Johnson County, Iowa, in accordance with the Plat thereof recorded in Book 40, at Page 337, of the records of the Johnson County Recorder's Office, containing 11.17 acres, and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the ownedsubdivider. Resolution No. (35-337 Page 2 Passed and approved this lath day of October ,20 05 · MAYOR Approved by ClT~- CL-ERK City ~,ttorney's Office It was moved by Cftataplort and seconded by ~Balley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn ppdadmin\res\final Windsor ddge 21.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB05-00006 Windsor Ridge Part 21 Date: October 6, 2005 GENERAL INFORMATION: Applicant: Arlington Development Inc. 1486 S. 1st Avenue Iowa City, IA 52240 Requested Action: Final Plat approval Purpose: 2-lot residential subdivision Location: Northwest corner of Court Street and Taft Avenue Size: 10.66-acres Existing Land Use and Zoning: Undeveloped, RM-12 Surrounding Land Use and Zoning: North: Undeveloped; ID-RS South: Undeveloped; CN-1 East: Undeveloped: County West: Undeveloped; RS-5 Comprehensive Plan: Residential, 8-16 dwellings per acre. File Date: August 31, 2005 45-Day Limitation Period: October 15, 2005 60-Day Limitation Period: October 30, 2005 BACKGROUND INFORMATION: The applicant, Arlington Development Inc., is requesting approval of the final plat of Windsor Ridge - Part Twenty One. The preliminary plat was approved in September 2004. The applicant recently constructed an extension of Court Street to provide access to this property. This subdivision will allow the development of two multi-family lots on Huntington Drive. 2 ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's Office. They must be approved by staff prior to Council consideration of the final plat. The Neighborhood Open Space Ordinance requires that a development of this size dedicate .6 acres of open space or pay fees equivalent to the value of .6 acres of land. Although there is no land with Windsor Ridge Part 21 that is appropriate for neighborhood open space, the Northeast District Plan indicates the possibility of a trail just to the west and north of this subdivision. Rather than requiring the dedication of land or payment of fees at this time, the Parks and Recreation Commission is considering the transfer of the open space requirements to the adjacent land under the ownership of the applicant. This will allow for the dedication of a larger tract of open space at the time the adjacent land develops. The issue of transfer of open space requirements to the adjacent property should be addressed in the legal papers. A provision for the payment for the construction of future sidewalks on Taft Avenue should also be contained in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB05-00006, the final plat of Windsor Ridge - Part Twenty One, a 10.66-acre, 2-lot residential subdivision located north of Court Street west of Taft Avenue, be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final Plat Approved by:( ~ ~.-~' ! Z'( (~ ~ Karin Cranklin, Director, Department of Planning and Community Development S:\PCD\Staff Reports\SUB05-00006 Windsor Ridge Pad 21.doc ~~ :'~ ~ ~//////////////A~ Park ~~~~~~~- I / ~' t ~'~ I~ ~ SITE LO~TION: fiast Cou~ Stroot & la~ ~vonue S~B05-0000~ !::, !.i!:'(!): I Final Plat Windsor Ridge - Part Twenty-One ~'~"'~'~'"-" .... ~--"~-~'°',", .... ~"',--~ Iowa City, Iowa ~ ~ ;..-, 10~ A~0~y LEGEND AND NOTES t917 S0~ G~ERT ST. 1486 S. tST A~ T0~R P~C~- ~ ~. ~ I0WA C~, IOWA 52240 ~ A O~ SO~ G~ERT S~ ~ o -~ ~=~ ~ (' IOWA C~, IOWA 52240 IOWA C~, IOWA 52240-3914 · (~~ ...... ~ ........ :~~ ~ ~ ~'~4' ~ ~a ~*.~ ~, ~,~¢ 1. LO~ 1 AND LOT 2 SHA~ NOT HA~ ~'~. ~ ~.~ ~ ~ ~',~ DIRECT AC~SS TO C~RT S~EET. ~ ~.~ ~ (~Xa)~'/ I 2. LOT 2 ~A~ NOT HA~ DfRECT AC~SS TO TA~ A~NU~ I / / /9' '/// '" ~ // / ,' / ~1 ¢~-~k~ , ,I/ ./, ~ ¢' --"1~... ~ ~ ~ ~ ~ ~. , '~ , - ....... ~ ~ City of Io. City , ~ ..... ,, ,-~ ,, ~ ~ - - ,, ~~~ , ~o~-~-o~ [ 4146164 Prepared by: Bob Miklo, Senior Planner, 410 E. Washing~n St., Iowa Ci~, IA 52240 (319) 356-5240 (SUB05-00024) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN - PART XXlII, IOWA CITY, IOWA. WHEREAS, the owner, Thi~ Street Padners, filed with the City Clerk the final plat of Village Green - Pad XXIII, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described mai estate in Iowa City, Johnson Count, Iowa, to wit: I certify that during the month of August, 2005 at the direction of Third Street Partners L.L.C., a survey was made under my supervision of a Portion of the Southwest Quarter of the Southeast Quarter of Section 13, and a Portion of the Northeast Quarter of Section 24, all of Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northwest Corner of Lot 64, of Village Green - Part XIX, in accordance with the Plat thereof Recorded in Plat Book 46 at Page 300 of the Records of the Johnson County Recorder's Office; Thence S10o04,01,,W, along the West Line of said Village Green - Part XIX, a distance of 98.22 feet, to the Southwest Corner thereof, and the Northwest Corner of Village Green South - part 4B, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 41 of the Records of the Johnson County Recorder's Office; Thence S00o34,35,,W, along the Southwesterly Line of said Village Green South - Part 4B, 93.42 feet; Thence S52°21'37"E, along said Southwesterly Line, 39.92 feet; Thence S22o38'14,,W, along said Southwesterly Line, 128.06 feet; Thence S14o51,41,,E, along said Southwesterly Line, 112.02 feet; Thence S52o21,37,,E, along said Southwesterly Line, 112.02 feet; Thence S89o51,32,,E, along said Southwesterly Line, 112.02 feet; Thence N52o38,33,,E, along said Southwesterly Line, 84.72 feet; Thence N26°51'20"E, along said Southwesterly Line, 118.59 feet; Thence S63o08,40,,E, along said Southwesterly Line, 30.00 feet; Thence S26o51,20,W, along said Southwesterly Line, 125.00 feet; Thence S63o08'40"E, along said Southwesterly Line, 45.00 feet, to a Point on the North Line of Outlot "A", of Village Green South - Part 4A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 40, of the Records of the Johnson County Recorder's Office; Thence S15°29'02"W, along said North Line, 82.44 feet; Thence S60o29,42,,W, along said North Line, 57.71 feet; Thence S22o59,47,,W, along said North Line, 115.41 feet; Thence S14o30,08,E, along said North Line, 115.41 feet; Thence S52o00,04.E, 'along said North Line, 108.43 feet; Thence S85o12,19,,E, along said North Line, 88.82 feet; Thence S74o38,34,E, along said North Line, 239.77 feet; Thence N03°42'40"W, along said North Line, 135.05 feet; Thence Northeasterly, 24.41 feet, along said North Line on a 150.00 foot radius curve, concave Northwesterly, whose 24.39 foot chord bears N81o37'34,,E; Thence S13°02'12,E, along said North Line, 129.87 feet; Thence N61o42,07,,E, along said North Line, 254.04 feet, to the Northeast Corner thereof; Thence S00o50,33,W, along the East Line of said Outlot "A", 600.54 feet, to the Southeast Corner thereof, and a Point on the Northerly Right-of-Way Line of the Iowa Interstate Railway; Thence N61°00'36"W, along the South Line of said Outlot "A", said Northerly Right-of- Way Line, and the Northwesterly Projection thereof, 1611.47 feet; Thence N28°59'24"E, 210.00 feet; Thence N61o00,36,,W, 92.28 feet; Thence Northwesterly, 75.38 feet, along a 120.00 foot radius curve, concave Northeasterly, whose 74.15 foot chord bears N43o00'50,,W; Thence S89o12,47,,E, 88.48 feet; Thence N00°47'13"E, 60.05 feet; Thence Northwesterly, 36.64 feet, along a 78.00 foot radius curve, concave Northeasterly, whose 36.31 foot chord bears N12o40,16,,W; Thence N00o47,13,,E, 299.30 feet; Thence Northeasterly, 46.11 feet, along a 118.00 foot radius curve, concave Southeasterly, whose 45.81 foot chord bears Nll°58'51"E; Thence Northwesterly, 101.63 feet, along a 72.00 foot radius curve, concave Southwesterly, whose 93.40 foot chord bears N17°15'50,,W; Thence N12°34'44"E, 37.16 feet; Thence N14°49'46.E, 105.65 feet; Thence Southwesterly, 36.78 feet, along a 192.00 foot radius curve, concave Northwesterly, whose 36.73 Resolution No. Page 2 foot chord bears S85°17'56"W; Thence N89o12,47,,W, 42.62 feet; Thence N00°47'13"E, 172.09 feet; Thence S89o57'00"W, 41.21 feet, to the Southeast Corner of Village Green - Part XII, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 313 of the Records of the Johnson County Recorder's Office; Thence N00°03,00,,W, along the East Line of said Village Green - Part XII, a distance of 84.82 feet; Thence N08°58'49"E, along said East Line, 136.86 feet; Thence N39o29'01,,E, along said East Line 112.86 feet, to the Northwest Corner of Outlot "A" of Village Green - Part XX, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 26 of the Records of the Johnson County Recorder's Office; Thence Southeasterly, 79.76 feet, along the North Line of said Outlot "A", on a 746.66 foot radius curve, concave northeasterly, whose 79.72 foot chord bears S53°34'36"E, to the Northeast Corner thereof; Thence Southeasterly, 30.11 feet, along the East Line of said Outlot "A" on a 20.00 foot radius curve, concave Southwesterly, whose 27.35 foot chord bears S13°30'23"E; Thence S29°37'26"W, along said East Line, 17.77 feet; Thence Southwesterly, 182.72 feet, along said East Line, on a 295.00 foot radius curve, concave Southeasterly, whose 179.82 foot chord bears Sl1°52'46"W; Thence S05°51'54"E, along said East Line, and the West Line of said Village Green - Part XX, a distance of 47.99 feet, Thence Southeasterly, 87.69 feet, along said West Line on a 525.38 foot radius curve, concave Northeasterly, whose 87.59 foot chord bears S10o38'47"E; Thence Southwesterly, 30.90 feet, along said West Line on a 20.00 foot radius curve, concave Northwesterly, whose, 27.92 foot chord bears S28°49'55"W; Thence S16o54'29.E, along said West Line, 50.00 feet; Thence Northeasterly, 4.64 feet, along said West Line, on a 192.00 foot radius curve, concave northwesterly, whose 4.64 foot chord bears N72°24'01"E; Thence Southeasterly, 29.11 feet, along said West Line, on a 20.00 foot radius curve, concave Southwesterly, whose 26.61 foot chord bears S66°35'50"E; Thence Southeasterly, 189.67 feet, along said West Line on a 525.38 foot radius curve, concave Northeasterly, whose 188.64 foot chord bears S35°14'41"E; Thence Southeasterly, 29.58 feet, along said West Line on a 20.00 foot radius curve, concave Southwesterly, whose 26.96 foot chord bears S03°13'01"E; Thence S39°09'10"W, along said West Line 0.44 feet; Thence S50°50'50"E, along said West Line 55.00 feet; Thence Northeasterly, 29.76 feet, along said West Line on a 20.00 foot radius curve, concave Southeasterly , whose 27.09 foot chord bears N81°47'll"E; Thence Southeasterly, 223.31 feet, along said West Line on a 525.38 foot radius curve, concave Northeasterly, whose 221.63 foot chord bears S67°45'24"E, to the Point of Beginning. Said Tract of land contains 19.08 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Depadment of Planning and Community Development and the Public Works Depa~ment examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and ~commended that said final plat and subdivision be accepted and app~ved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in acco~ance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are ~und to con~rm with Chapter 354, Code of Iowa (2005) and all other state and local ~qui~ments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described ~al estate be and the same are he,by approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside potions of the dedicated land, namely st~ets, as not being open for public access at the time of reco~ing for public sa~ reasons. 3. The Mayor and City Clerk of the Ci~ of Iowa City, Iowa, are hereby authorized and directed, Resolution No. Page 3 upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20 MAYOR Approved by CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: · Bailey · Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadmin~-es\final villagegree23.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB05-00024 Village Green Part XXIII Date: October 6, 2005 Final Plat GENERAL INFORMATION: Applicant: Third Street Partners PO Box 209 Iowa City, IA 52244 Phone: 338 7923 Requested Action: Final Plat Purpose: A 38-1ot residential subdivision Location: South of Wintergreen. Size: 19.32 acres Existing Land Use and Zoning: Undeveloped, OPDH-5 Surrounding Land Use and Zoning: North: Residential; OPDH-5 South: Industrial; I-1 East: Residential; OPDH-5 West: Residential; OPDH-5 Comprehensive Plan: Residential, 2-8 dwelling units per acre. File Date: September 1, 2005 45-Day Limitation Period: October 15, 2005 60-Day Limitation Period: October 30, 2005 BACKGROUND INFORMATION: The applicant, Third Street Partners, is requesting approval of the final plat of Village Green Part XXIII, a 19.32-acre, 38-1ot subdivision. A separate application has been submitted for the final plat of Village Green Part XXIV. A rezoning and preliminary plat and preliminary OPDH plan for this property were approved by the City Council earlier this year. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat and OPDH plan. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. 2 The preliminary OPDH plan included a landscaping buffer adjacent to the rail road right-of-way, landscaping for the Outlots, landscaping for the zero-lot line dwellings and a private alley. The responsibility for long term maintenance of these features by a home owner's association or property owners should be addressed in the legal papers. Payment of neighborhood open space fees, water main extension fees and sanitary sewer tap on fees should also be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB05-00024, the final plat of Village Green Part XXlII, a 19.32- acre, 38-1ot residential subdivision located south of Wintergreen Drive, be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: '~-~'-~.~.'~--d.z ~l :-~'~ ~ ~ ~-'' C~..__ ' Karin Franklin, Director, Department of Planning and Oommunity Development s\staffreports\SU B05-00018 S:\PCD\SIaff Reports\SUB05-00024 village green XXlll,doc ~I~ ~OCA~ION: Village Green Part ~111 SUB05-00024 19.32 AC Final PlaL Village Green -- Par[ XXIII Iowa CiLy Iowa " ,// ,,. / ~'~.?:~ ~ ~, ... ~ L__~. .... -..~...-.~... , -1 J ~!a [~ ~ . Final Plat [: ~ VILMGE GREEN - PART ~1I I1~11 ~ ~o.~ c~. ~oa~. coum,~o~. Prepared by: Bob Mi'klo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00025) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN - PART XXlV IOWA CITY, IOWA. WHEREAS, the owner, Third Street Padners, filed with the City Clerk the final plat of Village Green - Pad XXIV, Iowa Ci~, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: I certify that during the month of August, 2005, at the direction of Third Street Partners L.L.C. , a survey was made under my supervision of a Portion of the Northwest Quarter of the Northeast Quarter of Section 24, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southeast Corner of Village Green South Part Two, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 18, at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00o47,13,,E, along the East Line of said Village Green South Part Two, a distance of 988.68 feet, to a Point on the South Line of Village Green - Part XII, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 313, of the Records of the Johnson County Recorder's Office; Thence N89o57,00,,E, along said South Line, 216.02 feet, to a Point on the West Line of Village Green - Part XXIII, Iowa City, Iowa, in accordance with the Recorded Plat thereof; Thence S00o47,13,,W, along said West Line, 172.09 feet; Thence S89o12,47,,E, along said West Line, 42.62 feet; Thence Northeasterly, 36.78 feet, along said West Line on a 192.00 foot radius curve, concave Northwesterly, whose 36.73 foot chord bears N85°17'56"E; Thence S14°49'46.W, along said West Line, 105.65 feet; Thence S12o34,44,,W, along said West Line, 37.16 feet; Thence Southeasterly, 101.63 feet, along said West Line on a 72.00 foot radius curve, concave Southwesterly whose 93.40 foot chord bears S17°15'50"E; Thence Southwesterly, 46.11 feet, along said West Line on a 118.00 foot radius curve, concave Southeasterly, whose 45.81 foot chord bears SllO58,51,,W; Thence S00o47,13,,W, along said West Line, 299.30 feet; Thence Southeasterly, 36.64 feet, along said West Line on a 78.00 foot radius curve, concave Northeasterly, whose 36.31 foot chord bears S12o40'16',E; Thence S00o47'13,,W, along said West Line, 60.05 feet; Thence N89o12,47,,W, along said West Line, 88.48 feet; Thence Southeasterly, 75.38 feet, along ~H7.0000;said West Line on a 120.00 foot radius curve, concave Northwesterly, whose 74.15 foot chord bears S43o00,50,,E; Thence S61°00'36"E, along said West Line, 92.28 feet; Thence S28o59,24,,W, along said West Line, 210.00 feet, to a Point on \H6.5832;the Northerly Right-of-Way Line of the Iowa Interstate Railway; Thence N61o00,36,,W, along said Northerly Right- of-Way Line, 267.07 feet, to the Point of Beginning. Said Tract of land contains 6.59 acres, and is subject to easements and restrictions of record. WHEREAS, the Depa~ment of Planning and Community Development and the Public Works Depadment examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in acco~ance with the desires of the ownem and pmprietom; and WHEREAS, said final plat and subdivision are ~und to con~rm with Chapter 354, Code of Iowa (2005) and all other state and local requirements. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey · Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadminVes\flnal villagegree24.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB05-00025 Village Green Part XXlV Date: October 6, 2005 Final Plat GENERAL INFORMATION: Applicant: Third Street Partners PO Box 209 Iowa City, IA 52244 Phone: 338 7923 Requested Action: Final Plat Purpose: A 38-1ot residential subdivision Location: South of Wintergreen Drive. Size: 6.36 acres Existing Land Use and Zoning: Undeveloped, OPDH-5 Surrounding Land Use and Zoning: North: Residential; RS-5 South: Industrial; I-1 East: Residential; OPDH-5 West: Residential; RS-5 Comprehensive Plan: Residential, 2-8 dwelling units per acre. File Date: September 1, 2005 45-Day Limitation Period: October 15, 2005 60-Day Limitation Period: October 30, 2005 BACKGROUND INFORMATION: The applicant, Third Street Partners, is requesting approval of the final plat of Village Green Part XXIV, a 6.36-acre, 38-1ot subdivision. A separate application has been submitted for the final plat of Village Green Part XXIII. A rezoning and preliminary plat and preliminary OPDH plan for this property were approved by the City Council earlier this year. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat and OPDH plan. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. 2 The preliminary OPDH plan included a landscaping buffer adjacent to the rail road right-of-way, landscaping for the Outlots, landscaping for the zero-lot line dwellings and a private alley. The responsibility for long term maintenance of these features by a home owner's association, should be addressed in the legal papers. Payment of neighborhood open space fees, water main extension fees and sanitary sewer tap on fees should also be address in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB05-00024, the final plat of Village Green Part XXIV, a 6.36-acre, 38-1ot residential subdivision located south of Wintergreen Drive, be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final Plat ~ Karin/Franklin, Director, Department of Planning and Community Development s~staffreports\SUB05-00018 S:\PCD\Staff Reports~SUB05-00025 village green XXlV doc PL BALDWIN LN BUCKINGHAM STERLING DRIVE / ¢ener¢/ Mi~Is SITE LOCATION: Village Green Part XXlV SUB05-00025 Final Plat " Village Green- Part XX~V Iowa City, Iowa ~- ..................... 7~ , ~ City of lo~ City ~-., II '-~. 7~ Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-338 RESOLUTION APPROVING OF AN AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-IVIART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21,76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO. WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, said purchase agreement provides for closing to occur upon completion of contingencies set forth therein, no later than two hundred seventy (270) days after the February 9, 2005 effective date thereof, unless a later date is mutually agreed to in writing by the City and Wal-Mart; and WHEREAS, extension of the closing date provided for in the purchase agreement is necessary for completion of the contingencies, and Wal-Mart has requested that purchase agreement be amended such that the closing shall take place not later than January 31, 2006, in accordance with the FIRST AMENDMENT TO PURCHASE AGREEMENT attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance, and the Mayor and City Clerk are hereby authorized to execute, the attached FIRST AMENDMENT TO PURCHASE AGREEMENT between the City of Iowa City and Wal-Mart Real Estate Business Trust. Passed and approved this 18th day of October , 20 05 MAYOR CIT'¥'~S~LERK City Attorney's Office Resolution No. 0.5-338 Page 2 It was moved by O'Donnell and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott x Lehman x O'Donnell x Vanderhoef x Wilburn IOWA - Iowa City Store #1721-02 FIRST AMENDMENT TO PURCHASE AGREEMENT Effective Date: October 18 ,2005 THE CITY OF IOWA CITY, IOWA ("Seller") WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Buyer") WHEREAS, Seller and Price Properties ("Price") entered into a Purchase Agreement (the "Purchase Agreement") dated effective February 9, 2005, covering approximately 21.76 acres of property out of North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision, located in the City of Iowa City, Johnson County, Iowa, as described and/or depicted on Exhibit A attached to the Purchase Agreement and incorporated herein by this reference for all purposes; and WHEREAS, the rights, title and interests of Price under the Purchase Agreement were assigned to Buyer pursuant to that certain Assignment of Purchase Agreement dated April 6, 2005; and WHEREAS, Seller and Buyer have agreed to amend the Purchase Agreement as hereinafter set forth; NOW THEREFORE, for and in consideration of the mutual covenants of the parties as set forth in the Purchase Agreement and herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by each of the parties, it is agreed by Seller and Buyer as follows: 1. Interpretationl Definitions. This First Amendment to Purchase Agreement (the "First Amendment") shall be construed with and as a part of the Purchase Agreement. In the event of any conflict between the terms of this First Amendment and the terms of the Purchase Agreement, the terms of this First Amendment shall be deemed to supersede and control. All defined terms used in this First Amendment shall have the respective definitions proVided for such defined terms in the Purchase Agreement unless herein otherwise expressly provided. 2. Closing Date. Section 16(a) of the Purchase Agreement is hereby amended to provide that the Closing of the transaction provided for in the Purchase Agreement shall take place at a place and time mutually agreed upon by the parties, but not later than January 31, 2006, unless mutually agreed to in writing by Seller and Buyer. 24563099.1 14-Scp-05 10:36 04353467 1 3. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute but one and the same instrument. Execution of this First Amendment by Seller and Buyer may be evidenced by the facsimile or electronic transmission (e-mail) exchange of separately executed counterparts. 4. Affirmation. Except as herein amended, the Purchase Agreement is hereby ratified and affirmed in its entirety by the parties. IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective as of the day and year first above written. WITNESS OR ATTEST: SELLER: h~~ ~. ~A~ THE CITY OF IOWA CITY, IOWA Marian K. Karr (print name) By:~~~~~--~ Name: Ernest W. l,ehman Title: Mayor Date: October 18 ,2005 WITNESS OR ATTEST: BUYER: WAL-MART REAL ESTATE BUSINESS ~/'~/x-/c'x~ ~"' ~ TRUST, aDelaware~ '~/~tc/[~'~"~/zfl-'q:!L~-t/(Crintname) By: ~~~--1 Nme: Michael E. G~dner Title: Assist~t Vice President Date: ~ ~ ,2005 Ap' mv by.,,~[ - WaI.Ma~ Legal Team 24563099.1 14-Sep-05 10:36 04353467 2 Date: , ~~' I 10-18-058 I Prepared by: Gary Cohn, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5430 RESOLUTION NO. 05-339 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKING FIBER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 2:00 p.m. on the 8th day of November, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15t day of November, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 18th dayof Octobez: ,20 0_5 MAYOR Approved by / pwe.~.e.>a~,.~,l~,,c~Y~UERK C~ty Xttorney's Office Resolution No. 05-339 Page 2 It was moved by Champion and seconded by Bailey , the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Elliott x Lehman X O'Donnell x Vanderhoef x Wilburn Prepared by: Stephen Long, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 05-340 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. WHEREAS, the City of Iowa City, Iowa has been informed by Johnson County Permanent Supportive Housing Limited Partnership that a Low°Income Housing Tax Credit Application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located on Melrose Avenue, Iowa City, Iowa with the legal description as follows: A portion of the northeast one-quarter of the northeast one-quarter of Section 13, Township 79 north, Range 7 west of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa, more particularly described as follows: Auditors Parcel 2005055 Commencing at the northeast corner of section 13 Township 79 north, Range 7 west of the 5th P.M., City of Iowa City, Johnson County, Iowa; thence N89°38'29"W, along the north line of the northeast one-quarter of said Section 13, a distance of 720.34 feet; thence S00°04'20"E, 79.27 feet to a point on the southerly line of a right-of-way plat exhibit A-2 as recorded in Deed Book 602 at page 75 in the records of the Johnson County Recorder; thence S86°21'03"E., along said southerly line, 50.42 feet; thence S75°27'04"E, along said southerly line, 388.95 feet; thence S18°53'56"E, along said southerly line, 188.70 feet; thence S47°10'34'E, along said southerly line, 52.80 feet; thence S89°55'44"W, 526.25 feet; thence N00°04'20"W, 316.00 feet to the point of beginning, containing 2.83 acres and is subject to easements and restrictions of record. WHEREAS, this housing project will contain up to a total of 18 units; WHEREAS, the units will be targeted to special needs persons; WHEREAS, the project will be new construction; WHEREAS, the Johnson County Permanent Supportive Housing Limited Partnership has asked for and been awarded local assistance through City HOME funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa that we support and approve the development of the aforesaid housing in our community, subject to city ordinances and the building permit process. This resolution is effective until December 31, 2007. In the event that any of the characteristics mentioned above should change prior to issuance of a building permit, this resolution is null and void. ADOPTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA AND APPROVED BY THE Ernie Lehman, Mayor ATTEST: Maria"'h Karr, City Clerk ~.~-~_~.~; {' 0 Ppdcdbg/res/melroseridge.doc .... Ci~ty AttorneY'S Office Resolution No. 05-340 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x BURNS & BURNS, L.C. 319 EAST WASHINGTON STREET, SUITE 111 P. O. BOX 1226 IOWA CITY, IOWA 52244 319-338-7600 FAX 319-337-2430 Memo To: Iowa City Council Members From: Tracy Falcomata, Burns & Burns, L.C., consultant to Johnson County Permanent Supportive Housing Re: Melrose Ridge Melrose Ridge Project Summary Project Description Melrose Ridge addresses the need for permanent supportive housing identified by the City of Iowa City (in CITY STEPS 2006-2010), Johnson County (in the MH/DD 2003 Needs Assessment) and the State (in the Governor's Housing Task Force Report and the Governor's 2004 initiative to add 1,000 units to the housing stock for persons with disabilities). Melrose Ridge will consist of two buildings, each with eight one-bedroom dwelling units and one two-bedroom unit for a total of 18 units. Each apartment will have a full kitchen and bathroom. All apartments will open into a common area at the center of the building, which will include a multipurpose area, a computer learning center, laundry facilities, a community kitchen, a TV lounge, and a management/supportive service office. All of the units will be rented to households with incomes at or below 50% of the area median income. In addition, 11 of the 18 units will be rented to households with incomes at or below 40% of the area median income. Section 8 rental assistance will be accepted and priority will be given to persons with chronic and persistent mental illness. All 18 units will be accessible. Chatham Oaks, Inc., the General Partner of the Johnson County Permanent Supportive Housing Limited Partnership, will be the landlord of the project. They will offer 24 hour crisis assistance, transportation coordination, and direct services. All services will be optional and tailored to meet the individual tenant's needs. Tenants are welcome to secure supportive services from other providers as well. The National Alliance for the Mentally III of Johnson County is the Limited Partner of the Johnson County Permanent Supportive Housing Limited Partnership. Burns & Burns, L.C. is acting as a consultant to the Limited Partnership to help secure the funding and develop the property. They will also initially help manage Melrose Ridge and train Chatham Oaks, Inc. on management specifics. Melrose Ridge will be located on the southwest corner of the intersection of Melrose Avenue and Highway 218 on land that will be leased from Johnson County. The site is directly east of Chatham Oaks. Project Funding Melrose Ridge was awarded HOME funds from the City of Iowa City in FY06. The next step to secure the funding needed for this project is to apply for State HOME funds and Low Income Housing Tax Credits (LIHTC). This joint application is due in November 2005. A resolution of support from the City of Iowa City is an element of the LIHTC application scoring process and will increase the chance that Melrose Ridge is awarded funding from the State. ARCHITECTS ~' REAL ESTATE DEVELOPERS ~' PROPERTY MANAGERS ADVERTISEMENT FOR BIDS CONSTRUCTION OF A DUPLEX HOME LOCATED ON LOT 12, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 1:30 P.M. on the 6th day of October, 2005, or at a later date and/or time as determined by the Director of Housing and Inspection Services 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 Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of October, 2005, or at such later time and place as may be scheduled. The Project will involve the following: Construction of a single-family home and all necessary site work on Lot 12, Longfellow Manor Subdivision, Iowa City, Iowa All work is to be done in strict compliance with the plans and specifications 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 5% 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 maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion 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 one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: May 15, 2006 Liquidated Damages: $100 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 the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors 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 subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor 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 contract 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. MARIAN K. KARR, CITY CLERK Hisadm/res/adbids-ADHOPduplexl0-05.doc Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH TODD HACKETT CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93-255, approving a Section 5(h) Implementing Agreement with HUD for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership program; and WHEREAS, under this agreement the proceeds for such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the Iowa City Housing Authority has negotiated a contract with Todd Hackett Construction Company, for the construction of a duplex structure located on Longfellow Place in the amount of $288,000; and WHEREAS, the duplex homes would be sold under the Affordable Dream Home Opportunities Program to two families who earn up to 80% of the median income; and WHEREAS, the duplex homes would benefit the citizens of Iowa City by expanding affordable home ownership opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Under the direction of the City Attorney, the Mayor and the City Clerk are hereby authorized to sign and attest a contract between the City of Iowa City and Todd Hackett Construction Company for the construction and acquisition of a duplex dwelling located in Longfellow Manor Subdivision. Passed and approved this day of ,20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office hisadm/res/Hackett-AD H OP.doc Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 05-341 RESOLUTION APPROVING THE CALL TO ARTISTS FOR THE WETHERBY FRIENDS AND NEIGHBORS NEIGHBORHOOD ART PROJECT WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council consideration of each "Call to Artists" and project budget; and WHEREAS, the Public Art Advisory Committee has determined that the art in the neighborhoods is one of the primary focuses of the Public Art Program for the next several years; and WHEREAS, the Public Art Advisory Committee, approved the Call to Artists presented for the Wetherby Neighborhood Art project at their October 6 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Call to Artist and Project Budget, attached herewith, for the Wetherby Friends and Neighbors Neighborhood Art Project are hereby approved. Passed and approved this 18th day of October ,20 05 MAYOR roved b CITY ~LERK City Attorney's Office It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion × Elliott x Lehman x O'Donnell × Vanderhoef × Wilburn ppdad m/res/wetherby-CTA.doc Wetherby Friends and Neighbors Neighborhood Association CALL TO ARTISTS The Wetherby Friends and Neighbors Neighborhood Association has presented a proposal to the Iowa City Public Art Advisory Committee and has been approved to participate in the ]~owa City Neighborhood Art Project. The Neighborhood Association is pleased to invite artists from ]:owa City and its surrounding communities to submit proposals and portfolio materials to be considered for the design, construction and installation of the following: -design, construction and installation of a "Wethervane" that will be installed on top of the Wetherby Park shelter. The roof includes a cupola and the weathervane must be designed to be structurally compatible with both the roof and cupola. -design, construction and installation of o metal roiling and post system that will be installed in the Wetherby Park Shelter. The previous railing was repeatedly vandalized and subsequently completely removed. Wetherby Park is a 24.3 acre park located on the south side of Iowa City at the end of Taylor Drive. The park has been renovated with new playground equipment, trail system, basketball court and landscaping. The original shelter was reoriented and rehabilitated with new rest rooms, railings and roof/cupola. The railing system could not withstand heavy and sometimes abusive use and was removed. Project Goals: · To define the character of the Wetherby neighborhood in the design of both the "Wethervane" and shelter railing. · To provide the residents of the Wetherby neighborhood the opportunity to participate in the selection of themes, designs, and artists for the weathervane and railing. · To create an aesthetic feature to the neighborhood, unifying its diverse population. The Wetherby neighborhood has determined a number of themes for the weathervone and roiling, although other ideas will be considered: · The "Wethervone" should reflect the heritage of the neighborhood. ]:saac Augustus Wetherby, the nome sake of the pork, was considered to be City's First Photographer'. He lived in ]:owo City during the t860-70's and is buried in Oakland Cemetery. The Wetherby neighborhood also lies on what was primarily agricultural land and that should be reflected os part of the heritage of the neighborhood. · The Wetherby Shelter roiling should reflect the current culture of the neighborhood; one that is diverse in age, race, and background. The roiling must be industrial strength. Other supporting posts of the shelter may be incorporated into the design by pointing or replacing with comparable supporting capabilities. Some may be removed if not structural. Any and oll structural changes must be reviewed and approved by Terry Trueblood, Pork and Recreation Director or his designee. · There is approximately $12,000.00 -15,000.00 available for completion of these two project including all design, materials, fabrication, installation and coordination costs. Project Time Line · Deadline for submissions by interested artists - November 18, 2005 · Presentation by artist to the Wetherby F&N Neighborhood Association - Wednesday, November 30, 2005 - 7:00 PM. · 5election of Artist by neighborhood association - no later than December i6, 2005 · Determine final details of design, budget and timeframe and present to Public Art Advisory Committee and the City Council - February, 2006 · tnstollotion of "Wethervone' and roiling - ~Tuly - August, 2006 Selection Process: The concept for this process has been initially reviewed by the ]:owo City Public Art Advisory Committee and approved. Proposals received from artists will be reviewed by the Wetherby F&N Neighborhood Association in November, 2005 and a recommendation mode to the Public Art Advisory Committee and City Council for final approval per the above schedule. The artist may be requested to attend one or oll of these meetings. Eligibilily: A professional artist living in Iowa who has experience in working with the proposed materials and has the design experience to create lively, attractive and inviting artwork. Artist must document their ability and interest in working with the neighborhood residents to further define the subject matter and design of the weathervane and railing if necessary. Artist must document ability to work closely with City staff to see the project completed to the installation. Submission Requirements: The Submission Packet must be received by the Wetherby F&N Neighborhood Associate on or before November 18, 200§. Mail or hand-deliver packages to: Randy or Beth Koppes 1528 California Ave Iowa City, Iowa 5?240 The pocket must include: · A letter of Interest (one page maximum) · Sketch/proposal for this project and any background information that would support the artist's qualification for completion of the project. · One set of photographs or slides of recent works or projects. · Resume · Collections List · Two References: Nome, Title, Address, Phone, E-moil Questions? Contact Beth Koppes at 354-1335 (evenings) Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-342 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR CONSTRUCTION OF IMPROVEMENTS FOR A DOG PARK WITHIN THE PENINSULA PARKLAND. WHEREAS, the City and Johnson County DogPAC, a private non-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, wish to cooperatively develop and maintain an off-leash dog park within 10 to 12 acres of land located within the Peninsula Parkland owned by the City; WHEREAS, Johnson County DogPAC has requested permission to contract with private entities for the construction of infrastructure and improvements for said dog park, on the basis of an agreement pursuant to which the City would allow such construction and DogPAC would agree to obtain prior approval of said contracts by the Director of Public Works and/or the Director of Parks and Recreation, and hold harmless, indemnify and provide appropriate insurance to the City for claims related to the construction work; and WHEREAS the City Council finds it is in the public interest to enter into said agreement for the development of the dog park, in a form approved by the City Attorney's Office, Director of Public Works and Director of Parks and Recreation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute an agreement approved by the City Attorney's Office, Director of Public Works and Director of Parks and Recreation, pursuant to which the City would allow DogPAC to contract with private entites for the construction of infrastructure and improvements for the dog park, and DogPAC would agree to obtain prior approval of said contracts by the Director of Public Works and/or the Director of Parks and Recreation, and hold harmless, indemnify and provide appropriate insurance to the City for claims related to the construction work. Passed and approved this ]_Sth day of Octobe]: ,2005. MAYOR ATTEST: CITY CLERK App_rove d ,BY City Attorney's Office Resolution No. 05-342 Page 2 It was moved by Bailey and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott x Lehman × O'Donnell × Vanderhoef × Wilburn Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-343 RESOLUTION APPROVING THE PARKS AND RECREATION DEPARTMENT'S MEMORIAL DONATION POLICY. WHEREAS, from time to time the City of Iowa City's Department of Parks & Recreation receives requests to make memorial donations; WHEREAS, the City desires to adopt a policy regarding memorial donations that is consistent with the mission of the Parks & Recreation Department to provide the community with high quality and cost efficient parks, facilities and recreational and cultural opportunities, and to maintain, enhance and promote those programs and facilities; and WHEREAS, the attached Memorial Donation Policy is consistent with said mission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council hereby approves and adopts the attached Parks & Recreation Department Memorial Donation Policy. Passed and approved this 18th day of October ,20 05  p~oved ATTEST: '~'(~-~--~ /x-2. ~z',~-~ ~,~.,~-~ '~//~ CITY CLERK 01ty Attorney's Office It was moved by Ba±le¥ and seconded by Var~dert~oef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott X Lehman × O'Donnell × Vanderhoef × Wilburn Legal\eleanorVes~parks policy.doc CITY OF IOWA CITY PARKS & RECREATION DEPARTMENT MEMORIAL DONATION POLICY Memorial donations that are consistent with this policy and the mission of the Parks and Recreation Department and Commission to provide the community with high quality and cost efficient parks, facilities and recreational and cultural opportunities and to maintain, enhance and promote those programs and facilities may be accepted as set forth herein. PURPOSES AND CONTENT: 1. Memorials should further at least one of the following purposes: a. 'Fo honor / recognize deceased loved ones, outstanding citizens or community organizations. b. rI'o enhance the aesthetics of the park / area in which the memorial is located. c. To serve a functional purpose for the park / area in which the memorial is located. d. To contribute to the environment of the area immediately surrounding the memorial. 2. To be eligible for acceptance memorials shall not: a. Proselytize a particular point of view or contain political viewpoints or material; b. Advertise or be a commercial promotion; c. Contain violent, defamatory, or sexually explicit language or pictures; d. Make a solicitation for fundraising or charitable contributions; e. Have the purpose or primary effect of advancing or inhibiting religion or cause entanglement between the City and religion; or f. Directly or indirectly indicate that the participation of persons is unwelcome, objectionable or not solicited because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. AESTHETICS AND LOCATION In reaching a determination as to whether or not a donated item will be accepted, consideration shall be given to design, color, size of the item, proposed location and whether or not it is tasteful and pleasing to the eye. It must be considered an enhancement, not a distraction, to the aesthetics of the area. Plaques, signs or engraving may be requested by the donor but are subject to approval at the time that such donation is approved. PROCESS Memorial donations are initiated by completing an application form designed for this purpose and available at the Department of Parks and Recreation. Decisions on memorial items considered to be typical park amenities (e.g. benches, picnic tables, park shelters, trees, drinking fountains, playground equipment, trash receptacles and flag poles) shall be made by the Director of Parks and Recreation. Decisions on memorials no__!t considered to be typical park amenities (e.g. sculptures, plaques, pieces of art) shall be referred to the Parks and Recreation Commission with a staff recommendation. A decision by the Parks and Recreation Commission may be reviewed by the City Council within 60 days of notification of the Commission's decision. Notification to the City Council shall be effective upon the Council's formal receipt and filing of the Commission's minutes containing a decision approving the memorial and referencing the Council's 60-day period to review the donation. The memorial shall not be installed until the City Council approves the memorial, the City Council waives its right to review the memorial or the 60-day period expires, whichever occurs first. INSTALLATION The method of installation must be approved by the Director of the Parks and Recreation Department. REMOVAL OR RELOCATION The City reserves the right to remove or relocate the memorial. In the event of removal, the donating party will be notified and given the opportunity to take possession of the memorial. In the event of relocation, the City will notify the donating party of the proposed relocation and attempt to determine a mutually agreeable location. However, the final decision on relocation will rest with the City. Notification to the donating party will be by regular mail at the address listed on the Memorial Application and shall be effective upon mailing. Notice will be given 10 days prior to removal or relocation unless immediate removal or relocation is required due to safety concerns. MAINTENANCE The City shall perform routine maintenance but assumes no responsibility for replacing or repairing donated items which are damaged or stolen. PUBLIC ART Public art proposed to be placed in parks shall be routed through the Public Art Advisory Committee in accordance with adopted procedures, but shall also be submitted to the Parks and Recreation Commission for review/endorsement.