HomeMy WebLinkAbout2002-04-16 Resolution RESOLUTION NO. 02-137
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF 10WA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Loyal Order of Moose Lodge #1096 3351 Highway 6 East.
It was moved by Champion and seconded by 0'Donnell that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X __ Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X __ Wilburn
Passed and approved this 16th day of ~~_ /,2,O 02~,//~
- .
I~1AYOR
;oved by
CIT'~;LERK City Attorney's Office
clerk\res\danceprm.doc
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 02-138
RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2002
OPERATING BUDGET,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in the Civic Center at 7:00 p.m., May 7, 2002, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be
heard for or against the proposed amendment to the FY2002 Operating Budget.
The City Clerk is hereby directed to give notice of public hearing and time and place thereof by
publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less
than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 16th dayof Apr~J.~ ,2002. _
Approved by
CITY'~LERK City Attorney's Office
It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
~( Wilburn
finadm\res\operbdg5-02.doc
Prepared by: Ron Knoche, Sr. Civil Engineer; 410 E. Washington St., Iowa City, IA 52240, (319)356-5138
RESOLUTION NO. 02-139
RESOLUTION SE'FI'lNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND
TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 7th day of May,
2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said
meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 16th day of Anr,;~ ,20 02~
CITY'CLERK
pweng\res\setphsosyc doc
4/02
Resolution No. 02-139
Page 2
It was moved by Champion and sec~.nded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X . Champion
X Kanner
;( Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, iA 52240 (319)356-5030
RESOLUTION NO. 02-140
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A DECLARATION OF COVENANT FOR ACCESS, ELECTRIC AND SIGN
EASEMENTS FOR AUDITOR'S PARCEL 2002-003
WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owners of
certain property abutting Highway 1 in north Iowa City submitted an Auditor's Parcel plat to divide
a tract of land into two discrete parcels; and
WHEREAS, under the City's policy to minimize access points off Highway 1, as a condition of
approving the Auditor's Parcel, the City required that the property owners enter into a covenant
whereby the two discrete parcels will share an access point and drive; and
WHEREAS, City staff has approved the location of the proposed access point and drive, as well
as the associated covenant creating the shared access easement; and
WHEREAS, the covenant requires City Council approval so the City may enforce said covenant
and said covenant cannot be amended without further City participation; and
WHEREAS, the execution of said covenants are in the public interest and advance the public
health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the Declaration of
Covenant for Access, Electric and Sign Easements for Auditor's Parcel 2002-003, located
off Highway 1, Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to
record the same with the above-referenced Covenants in the Johnson County Recorder's
Office at the property owners' expense.
Passed and approved this ~.6th day o~
Appr'd~-e d by:~ ., / ClT'Y~-C LERK
/ C it, At t.~,~,y,~/?/f:ficke/. ~--
Resolution No. 02-140
Page 2
Itwas moved by Champion and seconded by 0'Donnel] the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~( Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Preparer
Information: Kirsten H. Frey, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, 351-8181
~'~,~ DECLARATION OF C
AECESS, ELECTRIC, AND
' AUDITOR'S PARCEL
WHEREAS, Thomas and Rick Streb referred to as "Strebs") are the
owners of certain real estate i~cated in Iowa legally described as:
the Northwest
Corner of the Southwest ~ of 36, Township 80 North, Range
6 West of the Thence S89°16'46"E, along the
North Line of the Northwest ' of said Southwest Quarter, 1324.85
feet, to a found Pin set at the Northwest Corner of the
Northeast Quarter of said Thence S89°22'32"E, along
the North Line of said of the Southwest Quarter, and
also being the North Line of a Recorded in Warranty Deed
Book 370, at Page 129, Johnson County Recorder's
Office, 497.70 feet, to Right-of-Way Line of
Iowa Highway No. 1 ' No. 261) in
accordance with Warranty Deed Book 136, at
Page 418 of ' Johnson Office; Thence
Southwesterly, along f-Way Line, 316.12 feet, on
a 2925.00 foot radius ~urve, whose 315.96
foot chord bears S29flT'll"W, to the North a Tract of Land as
Recorded in Warranty Deed Book 455, at Page Records of the
Johnson County R~order's Office ~ Point of Beginning of
a Right-of-Way A~ quisition; Thence said
Northwesterly R~ht-of-Way Line, 72.67 feet, on a .00 foot radius
curve, concave ~outheasterly, whose 72.67 foot chord b ,
to a found Pinfiet in Concr.ete; Thence S2.4°46'00"W, (A Recorded Bearing)
along said No~thwester!y Right-of-Way L.m. e, 532.50 feet.; Thence
S28°22'00"W/, along said Northwesterly Right-of- .W. ay Line, 169.73 feet, to
the Northerl~ine of a Tract of Land as Recorded m Warranty Deed Book
827, at Page 210 of the Records of the Johnson County Recorder's Office;
Thence N89°52'00"W, along said Northerly Line, 10.20 feet, to a Point on
-2-
the West Line of said Northeast Quarter of the Southwest Quarter; Thence
N00°08'80"E, along said West Line, 12.16 feet; Thence N16°00'02"E,
131.23 feet; Thence N25°21'49"E, 480.03 feet; Thence N18°27'47"E, 133.25
feet, to a Point on the North Line of said Tract of Land in Warranty Deed
Book 455, at Page 386; Thence S90°00'00"E, along said North Line, 61.15
feet, to the Point of Beginning. Said Tract of Land contains 31,194 square
feet, more or less, and is subject to easements and restrictions of record,
and
Commencin iron pin set in concrete at the NV~ SW¼
Section 36, R6W of the 5th PM; thence S00°10'35''' to
an iron pin; and point of beginning; Thence S89°58' 343.76 feet to
an iron pipe right of way line of
#1 #261); Thence t on a 2,925
foot southeasterly, on said to an existing
marker; Thence 532.04 feet on y to an
existing marker; , Thence N0°09'05"E,
716.88 feet to the All in with deed records
in Book 346, Page 238, Count~ Said tract containing 2,906
acres.
and
Commencing at the Southwest Quarter of Section
36, T80N, R6W of the 5th P.M. ~', Johnson County, Iowa; Thence
S89°16'46"E, along the North Southwest Quarter of Section 36,
a distance of 1324.85 feet: ~'29"W, 281.00 feet, to the point of
beginning; Thence S90°00', to a point on the Westerly
Right of Way No.
Westerly Right of~/~y Line, 133.25 Thence S25°21'49"W, along
said
said Right of Way Lin~ 480.03 feet; Thence ~6°00'02'~W, along, sa!d line,
131.23 feet; Thence 1~4}0°08'00"E 686.30 feet tb,,the Point of Beglnmng.
Said Tract of Land)~ontains 19,090 square feet, A~d is subject to easements
and restrictions o?ecord. ~
and /
WHEREAS, )~ portion of said property has been designat6d and described as Auditor's
Parcel 2002-003, th~plat of survey of which is recorded in Book 44 , Page 38 , Records
of Johnson Countv./Iowa; and
-3-
WHEREAS, the entire parcel less the property contained in Auditor's Parcel 2002-003,
hereinafter referred to as the "Remainder," and Auditor's Parcel 2002-003 share an access and
are both benefited by certain easement areas; and
WHEREAS, Strebs desire to expressly create an easement for mutual access over and
across both parcels, and to create an electric and sign easement area benefiting both properties;
NOW THEREFORE, Strebs declare that the Remainder and Auditor's Parcel 2002-
003 as described above shall be held, sold, and conveyed subject tO the following covenants
and easements:
1. The owners of the Remainder and Auditor's Parcel 2002-003, and their
successors, tranferees, heirs, and assigns shall have a mutual easement for the purposes of the
installation and maintenance of electric and other utility lines as well as the placement,
construction and malntainence of signs over and across the following described property:
Beginning at the Northwest Comer of Auditor's Parcel 2002-003 according
to the plat thereof recorded in Johnson County, Iowa; thence S25°21'49"W,
along the westerly right-of-way line of Iowa Highway gl, a distance of
265.76 feet; thence N64°38'll"W, 34.33 feet; thence N25°21'49"E, 10.00
feet; thence S64°38'11"E, 24.33 feet; thence N25°21'49"E, 245.34 feet;
thence N64°38'll"W, 10.00 feet; thence N25°21'49"E, 10.21 feet to a point
on the northerly line of said Auditor's Parcel 2002-003; thence
S65°13'59"E, 20.00 feet to said point of beginning, containing 0.07 acre
(3003 square feet), and is subject to easements and restrictions of record.
This easement area shall herein be referred to as the "Electric and Sign Easement Area"
and is shown on Exhibit "A' attached hereto.
2. The owners of the Remainder and Auditor's Parcel 2002-003 and their
successors, transferees, heirs, and assigns shall have a mutual easement for the purposes of
access and for ingress and egress to and from their respective properties, together with the full
and true right for them and their tenants, servants, visitors, and licensees, in common with all
others having the same right, at all times hereafter, with or without automobiles, or on foot,
and for all purposes connected with the use of said properties, to pass and repass over the
following described property:
Beginning at the Northeast Corner of Auditor's Parcel 2002-003 according to the
plat thereof recorded in Johnson County, Iowa; thence S89°52'00"E, along the northerly
line of said Auditor's Parcel, 96.09 feet; thence S65°13'59"E, along said northerly line
78.75 feet to a point on the w~esterly right-of-way line of Iowa Highway #1; thence
N25°21'49"E, along said westerly right-of-way line, 28.00 feet; thence N65°13'59"W,
85.15 feet; thence N89°52'00"W, 102.21 feet to a point on the westerly line of a warranty
deed as recorded in Deed Book 455, at Page 386, Records of Johnson County, Iowa;
thence S00°08'00"W, along said westerly line 28.00 feet to said point of beginning,
containing 0.12 acre (5071 square feet), and is subject to easements and restrictions of
record.
This easemem area shall herein be referred to as the "Access Easement Area" and is
shown on Exhibit "A' attached hereto.
3. The Electric and Sign Easement Area and the Access Easement Area hereby
created shall be for the joim use · and for their heirs,
successors, properties. No ownerf~feither property or their
heirs, successors, or assigns use, or leave any vehi~es, machinery,
improvements or anything else · easement areas so as to p~r/oVent the free and
uninterrupted use of said the other party. ,is/
4. Either party shall have ~ right, from time trim, cut down and clear
away all trees and brush and Area, and to trim, cut down and
clear any trees on either side of said Si Area which now or hereafter
in the opinion of the party may be a . to said I and Sign Easemem Area, or which
may interfere with the exercise of either in any manner. However,
each party shall indemnify the other and/or damage which shall be caused by
the negligent exercise of any said ingress or ss, construction, or maintenance of the
Easemem Areas by that party or its agents the course of their employment.
5. shall have the right to use the Electric
and Sign Easemem Area for purposes not interfere with the rights of the owner of
the Remainder; provided that the of the R{mainder shall not erect or construct any
building, fence or other structures; any trees~ drill or operate any well; or construct any
reservoirs or other obstructions on/~aid Electric an~Sign Easement Area; or diminish or
substantially add to the ground c~,er upon said Ele/[,tric and Sign Easement Area.
6. The owner of ti)6 Remainder and of Au~ditor's Parcel 2002-003 shall each be
responsible for one-half the c,6st of installation and malntenance of road improvements
(hereinafter the "improvemp/nts') in the Access Easemei~t Area. All Access Easement Area
improvements shall be ma~le of a hard surface and the Access Easement Area shall be
maintained such that the/~ccess is at all times in a reasonably good condition. The costs of
such maintenance shall i~clude reconstruction of the improvements within the Access Easement
Area when reasonably/~ecessary. At all times, the owner of each of the above-described
properties shall be re/gponsible for the cost of snow removal from all easement areas on his or
her individual par~/~.
5. W~h_¢e express agreement and consent of the owners of the affected parcel,
which consem shall not be unr%asonably denied, any of the owners of either parcel, their heirs,
successors, and assigns, shall have the right to do such work in said easement areas and to
make such repairs thereon as are reasonably necessary to maintain the easement areas in
-5-
reasonably good condition and, upon the completion of such repairs, the owner making such
repairs shall be entitled to recover from the other party its proportionate share of the cost
thereof.
6. This covenant of easement shall be deemed to be a covenant running with title
to the land and shall be binding upon the Remainder and Auditor's Parcel 2002-003 and their
heirs, successors, grantees, transferees, and assigns.
7. It is specifically understood and agreed by the parties that t¢ity of Iowa City
is a third-party beneficiary to this covenant and that as a result, the acce)~rights set forth in
this Agreement shall not be modifie~ ny manner without the writte~ consent of the City of
Iowa City, Iowa.
DATED this ~f day of 6, ,2002.
Thomas Streb J - /
/ Ernest W. Lehman, Mayor
Rfck Streff
/ By:
Marion Karr, City Clerk
STATE OF IOWA )
) ss.
JOHNSON COUNTY )
On this ~' day of 6 , the undersigned, a notary
public in and for the State of Iowa, personally . Lehman and Marian Karr,
to me personally known, Who being by me duly sworn, that they are the Mayor and
City Clerk, respectively," of said municipal corporation the within and foregoing
instrument; that the seal affixed thereto is the seal of that said
instrument was signe~' and by authority of its
City Council; and tl~t the said Mayor and City Clerk as such acknowledged the
execution of said iffstrument to be the voluntary act and deed of fl corporation, by it and by
them voluntarily .executed.
Notary Public in
-6-
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of t .~:-..~.~, , , before me, the undersigned, a Notar
and for said County and State, Streb to me known to be
identical person named in and and foregoing instrument,
acknowledged that he executed the same as voluntary act and deed.
, Public in and
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~ a Notary Public in
and for said County and State, persdr~alb me known to be the identical
person named in and who executed the within and instrument, and acknowledged
that he executed the same as his voluntav
: in and for ~e State of Iowa.
KF20~rebCovenantforEasements ~ C~,r~,' C~c)lo._% 4'f~:~'£~
/J
PREPARED
BY
MMS
CONSULTANTS
% GILBERT ST fOWA CITY, IOWA 52240
WARRANTY DEED o'
AS REC IN BK 455, ~ / ,
JOHNSON COUNTY, iOWA ~-~' ~ ~ ~s ~ ~
/ GRAPHIC SCA~ IN ~
% P01N~ OF "¢2~%<~ / LEGAL D~SS~I~ION - ACCES~ E~SEMENT
AUDITOR'S /" / /// / N25~1'49'[, AL~O S~ ~STERLY RI~T-¢-WAY Lffi[. 28~ FEEl; IH~
PARCEL ~'" ' ' ¢
ELECTRIC A SiON /4%'
(3003 st) / ' ~"'7
~/ N25'21 '4g"[, '0:' r[~ TO A mNT($~3mS~AR[THE N~THERLYrED, LINE ¢
"_ . /
~ EASEMENT LINE TABLE
I ~~. ¢ LINE L5 N25'21 DfRECT'O~ DISTANCE ~ 49"[ 1000 ............. / bX
~ ~ : F EASEMENT PLAT MMS CONSULT%NTS
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 02-141
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 1704 F STREET, IOWA CITY, IOWA.
WHEREAS, on August 10, 2001, the owners of 1704 F Street executed a Mortgage in the
amount of $3,430; and
WHEREAS, the owners spent only $3,126.75 of the amount; and
WHEREAS, the balance of the loan was paid off on April 1, 2002; 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 1704 F
Street, Iowa City, iowa from the Mortgage recorded on August 16, 2001, Book 3115, Page 106
through Page 110 of the Johnson County Recorder's Office.
Passed and approved this 16th day of Apri 1 ,2002
Approved by
ClT~LERK ~;i~ Attorn~y'~ ~,e -
It was moved by Champion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
× Vanderhoef
X Wiiburn
ppdrehab/res/1704F-rel dcc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1704 F Street, Iowa City, Iowa, and
legally described as follows:
The West Half of Lot Eight, in Block Forty-eight (48) in East Iowa City, Johnson
County, Iowa according to the recorded plat thereof, subject to easements and
restrictions of record if any
from an obligation of the owners, Timothy D. and Gall P. Logan, to the City of Iowa City in the
total amount of $3,430 represented by a Mortgage recorded on August 16, 2001, Book 3115,
Page 106 through Page 110 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.
Approved by
CITY-CLERK dty ~,tt~m~y's bf~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this t(,, day of A?~..~ ~- , A.D. 20 ~.¢- , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. 0,~- /¢-/ , adopted by the City Council on the /t,, day
/~P/~'~., 20 ~a-- and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdrehab~1704F-rel doc Notary Public in and for Johnson County, Iowa
~4'~.Jcom Four
SONDRAE
! miss~or) Numt~er 15~7911
Prepared by: Dan Scott, 410 E. Washington St., iowa City, iA 52240 (319) 356-5144
RESOLUTION NO. 02-142
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY TRANSIT
METHANE ABATEMENT PROJECT, PHASE 2,
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Construction of a new subsurface vacuum extraction, filter and venting system under the
Transit Building in accordance with all state and federal regulations as constructed by
Iilowa, Inc. of Moline, Illinois.
WHEREAS, maintenance bonds have been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa,
and that all dedications and public improvements are hereby formally accepted.
Passed and approved this 16th day of Apri,J.,'~ ,20 02
Approved by
CITY'CLERK ~,i{~ A{torney's Office
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
x Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilburn
ENGINEER'S REPORT
April 9, 2002
Honorable Mayor and City Council
Iowa City, Iowa
Re: Transit Methane Abatement Project, Phase 2
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Iowa City Transit Methane Abatement Project, Phase 2
has been completed in substantial accordance with the plans and specifications prepared by
Terracon, Inc. of Rock Island, Illinois.
The final contract price is $187,502.00.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
Richard'A. Fosse, P.E.
City Engineer
pwen g/Itrs/TMAphase2.doc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 * FAX (319) 356 5009
! 4f(4)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 02-143
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM L & M MIGHTY SHOP, INC., 504
E. BURLINGTON ST., IOWA CITY
WHEREAS, on December 13, 2001, Ryan Scott Abbas was convicted/pled guilty in
Johnson County District Court, Case No. STIC 118606 of violating Iowa Code §
453A.2(1); and
WHEREAS, at the time of the violation underlying the above conviction/plea, Abbas was
an employee of the establishment operating under the retail cigarette permit issued to L &
M Mighty Shop, Inc., Iowa City, Iowa 52240; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being
convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing
and proper notice; and
WHEREAS, on April 9, 2002, L & M Mighty Shop, Inc., waived its tight to the hearing
required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's
violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk
of the City of Iowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to heating and
payment of $300.00 civil penalty on behalf of L & M Mighty Shop, Inc.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 16, 2002
ATTEST: '7~4~'~.._._..; ~ .,~'d
Oity'e-l~rkl City of Iowa City
Resolution No. 02-143
Page 2
It was moved by Champion and sec~.nded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 02-144
RESOLUTION ACCEPTiNG WAIVER OF RIGHT TO HEARING AND
SUSPENDING RETAIL CIGARETTE PERMIT OF OSCO DRUG STORE, 201
SOUTH CLINTON STREET, IOWA CITY, FOR A PERIOD OF THIRTY (30) DAYS
WHEREAS, on December 21, 2001, Samantha Irene Korpalski was convicted/pled guilty in
Johnson County District Court, Case No. STIC 118612 of violating Iowa Code § 453 A.2(1); and
WHEREAS, at the time of the violation underlying the above conviction/plea, Korpalski was an
employee of the establishment operating under the retail cigarette permit issued to Osco Drug
Store, 201 South Clinton Street, Iowa City; and
WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees
or agents within a two-year period.
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of
or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a
period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a
violation within a two-year period, each after a hearing and proper notice; and
WHEREAS, on or about April 11,2002, Osco Drug Store waived its right to the hearing required
by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa
Code § 453A.2(1), by surrendering its retail cigarette permit to the City Clerk for a period of
thirty (30) days; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council should suspend the retail cigarette permit of Osco Drug Store, 201 South
Clinton Street, Iowa City, for a period of thirty (30) days from the date said permit was turned
into the City Clerk and accept the waiver of right to hearing from Osco Drug Store.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Iowa City Police Department and to the Johnson County Attorney's Office, which will then
provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit
holder's place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: April 16, 2002
Mayor, City of Iowa City
City ~terk, C]ty of Iowa City
Resolution No. 02-144
Page 2
It was moved by Champion and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X . Pr'ab
X . Vanderhoef
X Wilburn
Prepared by: Janet Lower, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145
RESOLUTION NO. 02-145
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE 1, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public headng on the plans, specifications, form of contract, and estimate of cost for the
construction of the above-mentioned project is to be held on the 7th day of May, 2002, at 7:00
p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled,
at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for
the above-named project in a newspaper published at least once weekly and having a general
cimulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City Engineer
in the office of the City Clerk for pubtic inspection.
Passed and approved this 16th day of April ·, 20~
Approved by/,/ ,,~
CI'I'~I~K City Ait~,l~(~y'~' ~)"~r~e
It was moved by Pfab and seconded by. I~anner' __ the Resolution be
adopted, and upon roll cal'l there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X . Lehman
X O'Donnell
X Pfab
X Vanderhoef
X . Wilbum
Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
RESOLUTION NO. 02-146
RESOLUTION AMENDING THE COMPREHENSIVE PLAN,
SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE
GENERAL LOCATION OF AN EAST-WEST ARTERIAL STREET,
WHICH WILL CONNECT SOUTH GILBERT STREET TO SCO'I-F
BOULEVARD.
WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District
components, serves as a land-use planning guide by outlining the location of particular
land uses throughout the City, and also provides notification to the public regarding
intended uses of land; and
WHEREAS, the Comprehensive Plan, and specifically the South District Plan, should be
amended to reflect the future location of significant public infrastructure such as future
arterial streets; and
WHEREAS, the Planning and Zoning Commission has reviewed the location of the
proposed east-west arterial street and has recommended the amendment of the
Comprehensive Plan, specifically the South District Plan and its Future Land Use
Scenario, to reflect the location of the proposed east-west arterial street; and
WHEREAS, the location shown on the map has several advantages over other
alignment options, including that it is more centrally located and shorter than other
proposed routes and therefore will better serve the traffic needs of the entire district,
define future neighborhood boundaries, prevent neighborhood cut-through traffic,
eliminate an unnecessary arterial street intersection at Gilbert Street and the south leg of
Sycamore Street at Sand Road, and will be less costly to build and maintain; and
WHEREAS, the central location of the east-west arterial street supports the desired land
use development pattern envisioned in the South District Plan, including development of
a neighborhood commercial area in the location envisioned in the South District Plan
and development of a more complete neighborhood to the south of the arterial;
WHEREAS, references in the South District Plan to long range plans for an arterial
street connection between Highway 218 and Sand Road should be clarified to indicate
that if a second river crossing is built in the long term future to make the above-
referenced connection it should be located in a manner that is sensitive to the existing
arterial street network in the South District, existing neighborhood boundaries, and to
sensitive environmental features,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, iOWA, THAT:
The Future Land Use Scenario map of the South District Plan is hereby amended to
reflect the conceptual alignment of a centrally located east-west arterial street between
Gilbert Street and Scott Boulevard as shown on the attached map; the conceptual
alignment of the"future east-west parkway" is deleted from Exhibit A of the South District
Plan; and the text of the South District Plan is hereby amended as follows:
Page 9: Replace the first paragraph under Streets/Roads with the following text:
Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the
principle streets that currently serve the South District. These arterial
streets serve as neighborhood edges, and provide the framework for
development in the South District. Segments of these streets need to
be upgraded to city design standards, and an east-west arterial street
or parkway should be constructed between Gilbert Street and Scott
Boulevard in the general location shown on the Future Land Use
Scenario updated in February of 2002. Long-range plans show this
arterial street extending to the west and crossing the Iowa River to
Mesquakie Park and connecting to Mormon Trek Boulevard as it is
extended across the South Central District. A modified grid of
collector and local streets are envisioned to complete the necessary
street network.
Page 10: Add the following guideline for Streets/Roads:
r~ Design the east-west arterial street in a manner that avoids to the
extent possible sensitive environmental features of the land and
important archeological sites. These are described more fully in
Appendix A.
Appendix A, page 2, Replace the fourth paragraph under River Corridor Area
with the following text:
The City's adopted arterial street plan proposes an arterial connection
from Highway 218 to the South side of the City in its long range, 20-30
year forecast. This connection would provide an alternative for traffic
on Highway 6, which is expected to have capacity problems in the
future. Due to the planned alignment of the east-west arterial street
that will connect across the river to Mormon Trek Boulevard, it is likely
that any future connection to Highway 218 will cross the river further
south and outside the current South District boundary. Any future
river crossing south of the centrally located east-west arterial street
shown on the South District Land Use Scenario, should be located in
a manner that is sensitive to existing neighborhoods, the South
District's arterial street network, and environmentally sensitive
features of the land.
Passed and approved this 16th day of~, :~(~.
~"~yor
City~lerk
Approved by:
· ' City Attorney's Office
Marian Karr
From: HEADWAVE@aol.com
Sent: Tuesday, April 16, 2002 10:47 AM
To: cou ncil@iowa-city.org
Subject: "Sterling Project"
Dear Council Hembers: Joy and I are opposed to approval of this project.
These are our concerns.
- The land use plan was developed after much community work, and was designed
to help work through tough decisions like this one.
- Large clusters of one demographic group in one area is not good for the
community. This concentration will increase the likelihood of problematic
behavior.
- We think guidelines to limit community concerns will not be enforced; and
the size of the project increases that likelihood.
- We see no good evidence there is a need for more student housing here in
Iowa City.
We hope each of you will follow the recommendations from your process and
oppose this development.
Thank you.
David Rust & Joy Smith
915 E. Bloomington
Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
RESOLUTION NO,
RESOLUTION AMENDING THE COMPREHENSIVE PLAN,
SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT
GENERAL LOCATION OF AN EAST-WEST
WHICH WILL CONNECT SOUTH GILBERT STREET TO
BOULEVARD.
'WHEREAS, the Iowa City Comprehensive Plan, consisting
components, serves as a land-use planning guide by outlini the location of padicular
land uses throughout the City, and also provides notificati( to the public regarding
intended uses of land; and
WHEREAS, the Comprehensive Plan, and South District Plan, should be
amended to reflect the future location of significant I such as future
arterial streets; and
the Plan~'i~g and Zoning Commiss has reviewed the location of the
WHEREAS,
proposed east-west arterial street and nmended the amendment of the
Comprehensive Plan, sp~,fically the South I and its Future Land Use
Scenario, to reflect the Iocat'~ of~ the prop east-west arterial street; and
WHEREAS, the location shown'~ ~ has several advantages over other
alignment options, including centrally located and shorter than other
proposed routes and therefore will b ,r serve the traffic needs of the entire district,
define future neighborhood boundar revent neighborhood cut-through traffic,
eliminate an unnecessary arterial rsection at Gilbert Street and the south leg of
Sycamore Street at Sand Road, ;s costly to build and maintain; and
WHEREAS, the central Iocatio~of the rterial street supports the desired land
use development pattern envisioned in the S( including development of
a neighborhood commercial area in the Iocat on )ned in the South District Plan
and development of a more~;omplete neighborhood south of the arterial.
NOW, THEREFORE, BE ~' RESOLVED BY THE CITY ,,ICIL OF THE CITY OF
IOWA CITY, IOWA, TH,~:
/
The Future Land Use ~'cenario map of the South District Plan is hereby amended to
reflect the conceptual/~lignment of a centrally located east-west arterial street between
Gilbert Street and Sc~Stt Boulevard as shown on the attached map and the text of the
South District Plan i~ hereby amended as follows:
/
Page 9: Re~lace the first paragraph under Streets/Roads with the following text:
Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the
principle streets that currently serve the South District. These arterial
streets serve as neighborhood edges, and provide the framework for
development in the South District. Segments of these streets need to
be upgraded to city design standards, and an east-west arterial street
or parkway should be constructed between Gilbert Street and Scott
Boulevard in the general location shown on the Future Land Use
Scenario updated in February of 2002. Long-range plans show this
arterial street extending to the west and crossing the Iowa River to
Mesquakie Park and connecting to Mormon Trek Boulevard as it is
extended across the South Central District. A modified grid?f
collector and local streets are envisioned to complete the,Necessary
street network.
Page 10: Add the following guideline for Streets/Road__s:
r~ Design the easi~,~vest arterial street in a manner/that avoids to the
extent possible s~,nsitive environmental featur~ of the land and
important archeolo~tical sites. These are de,,Ccribed more fully in
Appendix A. ///
Passed and approved this i:~y' of / ,2000.
ATTEST: Clerk /'
city
Approved by:
City Attorney's OffiCe
South District Future Land Use Scenario
February 2002 Siflgle Family I General Comnwrcial
Small Lot Single Family I Neighborhood Conmm'etal
I M~u faetur~ H~ng l
I ~tmm~ ~ Water Fe~
DEP~TMENT OF PLANING AND COMMU~ DE~LOP~, CI~ OF IOWA CI~
DEFEATED
Prepared by: Shelley McCafferty, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO.
RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO PROVIDE FOR THE LOCATION OF
LARGE APARTMENT COMPLEXES IN NEW NEIGHBORHOODS, AND AMENDING THE SOUTH
DISTRICT PLAN, TO CHANGE THE LAND USE PLAN FOR THE AREA EAST OF GILBERT
STREET AND SOUTH OF NAPOLEON LANE FROM DUPLEXES AND/OR SMALL LOT SINGLE
FAMILY (APPROXIMATELY 12 ACRES), AND OTHER OPEN SPACE (APPROXIMATELY 6
ACRES) TO APARTMENTS.
WHEREAS, D.J. Hammond and Associates of Houston, Texas has requested a rezoning to allow for the
development of a large apartment complex.
WHEREAS, the development of a large apartment complex does not comply with the policies of the
Comprehensive Plan and South District Land Use Plan. An amendment to the Comprehensive Plan and
the South District Land Use Plan is therefore necessary to allow for the development of a 168-unit, 624-
bedroom apartment complex in 18 buildings located east of South Gilbert Street and south of Napoleon
Lane; and
WHEREAS, the City Council finds it is in the public interest to amend the Comprehensive Plan to allow
large apartment complexes in Iowa City provided certain conditions are met; and
WHEREAS, the City Council finds it is in the public interest to amend the South District Land Use Plan to
allow apartments on 18 acres located east of South Gilbert Street, south of Napoleon Lane: and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Comprehensive Plan is hereby amended to:
1) Add the following sentence to the section A Community of Neighbors, paragraph four, Diverse
housing types: "Large apartment complexes may be appropriate at locations where adequate
infrastructure is available to service the complex, and appropriate transitions and buffers are provided
between the complex and adjacent neighborhoods.
2) Change the South District Land Use Plan to designate approximately 18 acres east of South Gilbert
Street and south of Napoleon Lane from "Duplexes and/or Small Lot Single Family," and "Other Open
Space" to "Apartments."
Passed and approved this _day of ,2002.
Mayor
ATTEST:
City Clerk
· City Attorney's Office
Sha red/pcd/shelley/REZ01-o0024Hammond/REZ01-00024compamend doc
Resolution No. DEFEATED
Page
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilburn
Prepared by: Rober~ Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB01-00031)
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT OF HICKORY HEIGHTS,
IOWA CITY, IOWA.
WHEREAS, the applicant, Hickory Heights L.L.C. on behalf of the owner, Press-Citizen Co,, Inc.,
filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of
Hickory Heights; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recomrnended appreval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa Cily, iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Hickory Heights, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this day of ,20 .
MAYOR
ATTEST:
CITY CLERK Cit~ ~{~m~y's O~fice
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
ppdadmin~res~hickhgts.doc
Prepared by: Shelley McCaffedy, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB01-00024)
RESOLUTION NO.
'R~SOLUTION APPROVING THE PRELIMINARY
PLAT
OF
HE~HTS, IOWA CITY, IOWA,
WHEREAS, t~ owner, Southgate Development, filed with the City Clerk City, Iowa, an
application for apProval of the preliminary plat of Napoleon Heights; and
WHEREAS, the D~artment of Planning and Community Develo and the Public Works
Department examine~the preliminary plat and recommended appr and
WHEREAS, the and Zoning Commission examined preliminary plat and, after due
deliberation, recomm, )royal of the and
WHEREAS, the preliminary conforms to all of the City Ordinances of the
City of Iowa City, Iowa.
NOW, THEREFORE, BE IT BY CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Na Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the Iowa are hereby authorized and directed
to certify this resolution, which affixed to the plat after passage and approval by
law.
Passed and approved this ., 2002.
ATTEST: Ap~.//~pr,o~dby ~ ~/'/*t/t.-~~
CITY CLERK
It was moved by / and seconded by the Resolution be
adopted, and upon ¢ call there were:
A~ES: NAYS:
/ )ion
nner
Pfat
Vanderhoef
Wilburn
sharedlpcd/shelleylrez01-00022napoleonhts/sub01-00024res
Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00002)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION, PART
ONE, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Lindemann
Subdivision, Part One, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the Southeast Corner of the Southwest Quarter of Section 7
Township 79 North, Range 5 west, of the Fifth Principal Meridian; Thence
N00°05'18"W, along the East Line of said Southwest Quarter, 261.42 feet, to its
intersection with the Northerly Right-of-Way Line of Court Street; Thence
S80°04'52"W, along said Northerly Right-of-Way Line, 14.62 feet; Thence
Southwesterly, 203.49 feet, along said Right-of-Way Line, on a 1040.00 foot radius
curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W; Thence
S68°52'14'¥V, along said Right-of-Way Line, 77.30 feet, to the Point of Beginning;
Thence continuing S68°52'14"W, along said Right-of-Way Line, 37.58 feet; Thence
Southwesterly, 372.64 feet, along said Right-of-Way Line on a 960.00 foot radius
curve, concave Northwesterly, whose 370.30 foot chord bears S79°59'27"W; Thence
N88°53'21"W, along said Right-of-Way Line, 771.32 feet; Thence Southwesterly,
79.77 feet, along said Right-of-Way Line on a 1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord bears S89°31'26"W; Thence S87°56'13'~V,
along said Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along
said Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly,
whose 75.33 foot chord bears S89°31'26"VV; Thence N88°53'21"VV, along said Right-
of-Way Line, 9.02 feet, to its intersection with the East Line of Scott Boulevard East -
Part Two, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 225,
of the Records of the Johnson County Recorder's Office; Thence N00°39'55"W, along
said East Line, 744.63 feet; Thence N89°20'05"E, 234.60 feet; Thence N66°18'36"E,
43.30 feet; Thence S29°34'39"E, 72.70 feet; Thence N72°33'48"E, 165.67 feet;
Thence Southeasterly, 80.51 feet, along a 275.00 foot radius curve, concave
Southwesterly, whose 60.23 foot chord bears S09°02'58"E; Thence S00°39'43"E,
10.89 feet; Thence N89°20'17"E, 125.00 feet; Thence N82°22'45"E, 124.37 feet;
Thence Sl1°24'58"E, 378.77 feet; Thence S44°33'41"E, 234.27 feet; Thence
N89°54'42"E, 389.84 feet; Thence N85°02'20"E, 90.94 feet; Thence Southeasterly,
58.72 feet, along a 360.62 foot radius curve, concave Northeasterly, whose 58.66
foot chord bears S09°37'34"E; Thence Southwesterly, 29.03 feet, along a 20.00 foot
radius curve, concave Northwesterly, whose 26.55 foot chord bears S27°17'23'~/, to
the Point of Beginning. Said Tract of land contains 15.05 acres, more or less, and is
subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Resolution No.
Page 2
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
(2001) 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, and public open space 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
Ai~d by _
ATTEST:cITY CLERK Cite/~tt~
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
ppdadmin\res\lindemann 1 -fplat doc
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB02-00002)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION, PART TWO, IOWA
CITY, IOWA.
WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of
Lindemann Subdivision, 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:
Commencing at the Southeast Corner of the Southwest Quarter of Section 7 Township 79
North, Range 5 west, of the Fifth Principal Meridian; Thence N00°05'18"W, along the East Line
of said Southwest Quader, 261.42 feet, to its intersection with the Northerly Right-of-Way Line
of Court Street, and the Point of Beginning; Thence S80°04'52'' W, along said Northerly Right-
of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along said Right-of-Way Line, on
a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears
S74°28'33"W; Thence S68'52 14 W, along said Right-of-Way Line, 77.30 feet; Thence
Northeasterly, 29.03 feet, along a 20.00 foot radius curve, concave Northwesterly, whose
26.55 foot chord bears N27°17'23"E; Thence Northwesterly, 58.72 feet, along a 360.62 foot
radius curve, concave Northeasterly, whose 58.66 foot chord bears N09'37'34"W; Thence
S85°02'20"W, 90.94 feet; Thence S89°54'42"W, 389.84 feet; Thence N44°33'41"W, 234.27
feet; Thence N11°24'58"W, 378.77 feet; Thence S82°22'45"W, 124.37 feet, to the Northeast
Corner of Lindemann Subdivision, Part One, in accordance with the Recorded Plat thereof;
Thence S89°20'17"W, along the North Line of said Lindemann Subdivision, Part One, a
distance of 125.00 feet; Thence N00°39'43"W, along said North Line, 10.89 feet; Thence
Northwesterly, 80.51 feet, along said North Line on a 275.00 foot radius curve, concave
Southwesterly, whose 80.23 foot chord bears N09°02'58"W; Thence S72°33'48"W, along said
North Line, 165.67 feet; Thence N29°34'39"W, along said North Line, 72.70 feet; Thence
S66°18'36"W, along said North Line, 43.30 feet; Thence S89°20'05"W, along said North Line,
234.60 feet, to a Point on the East Line of Scott Boulevard East, Part Two, in accordance with
the Plat thereof Recorded in Plat Book 33, at Page 225, of the Records of the Johnson County
Recorders Office; Thence N00°39'55"W, along said East Line, and the East Line of Auditors
Parcel 95-004, in accordance with the Plat thereof Recorded in Plat Book 35, ,at Page 17, of
the Records of the Johnson County Recorders Office, 120.00 feet; Thence N89°20'05"E,
951.64 feet; Thence S00°05'18"E, 94.91 feet; Thence N89°54'42"E, 777.57 feet, to a Point on
the East Line of said Southwest Quarter, and the West Line of Windsor Ridge, Part Fifteen, in
accordance with the Plat thereof Recorded in P~at Book 41, at Page 212, of the Records of the
Johnson County Recorders Office; Thence S00°05'18"E, along said East and West Lines,
859.37 feet, to the Point of Beginning. Said Tract of land contains 16.97 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
Resolution No.
Page 2
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
(2001) 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 and public open space 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 day of ,20
MAYOR
Approved by
CITY CLERK (~ity ,~,t~rne~/s Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: SUB02-00002 Lindemann Date: February 21, 2002
Subdivision Parts 1, 2
GENERAL INFORMATION:
Applicant: Southgate Development Company
755 Mormon Trek Blvd.
Iowa City, IA 52246
Contact Person: Glenn Siders, Southgate Development
Phone: 337-4195
Applicant's Engineer: MMS Consultants
1917 South Gilbert Street
Iowa City, IA 52240
Requested Action: Final plat approval
Purpose: Plat approval for 65 lots on 32.02 acres
Location: North of Coud Street, east of Scott Park Drive
Size: Lindemann Subdivision Part One: 15.05 acres
Lindemann Subdivision Part Two: 16.97 acres
Existing Land Use and Zoning: Vacant; RS-5 and RS-8
Surrounding Land Use and Zoning: North: Vacant; RS-5 and RS-8
South: Residential and park; RS-5 and P
East: Undeveloped and residential; PDH-12
West: Residential; RS-5
Comprehensive Plan: The Northeast District Plan identifies this area as a
predominately single-family neighborhood, with the
potential for larger estate lots, duplexes, and zero-lot
line dwellings to be integrated into the neighborhood.
File Date: February 13, 2002
45 Day Limitation Period: March 30, 2002
6- Day limitation Period: April 14, 2002
BACKGROUND INFORMATION:
The applicant, Southgate Development, is requesting final plat approval of Lindemann Subdivision
Parts One and Two, a total of 32.02 acres and 65 lots with three outlots. The preliminary plat and
Sensitive Areas rezoning was recommended for approval in December, 2001, and is currently
being considered by the City Council.
2
ANALYSIS:
Consistency with preliminary plat: The proposed final plat is generally consistent with the
preliminary plat. One design feature that varies is that on the preliminary plat, a hammerhead
turn-around was included at the end of the rear lane behind Lots 1-4. In the latest version of
the final plat submitted to staff, the hammerhead turn-around has been removed. Staff feels a
turn-around is necessary to facilitate emergency and utility vehicle access/egress. Staff
recommends this design element be resolved prior to the Commission voting on the plat.
Water Main extension fee: A water main extension fee of $395 per acre will be required.
Tap-on fees for sewer: The sanitary sewer trunk necessary for this development will need to
be installed by the developer for this development, and will need to be oversized to
accommodate future development within the sewer service area. The City will pay for the
oversize costs. Therefore, no tap-on fees are required.
Stormwater Management: Stormwater management will be provided in the Scott Park
detention basin, therefore, no stormwater management on this property is required.
STAFF RECOMMENDATION:
Staff recommends that SUB02-00002, a final plat of Lindemann Subdivision Part One, a 15.05
acre, 33-Lot residential subdivision and Lindemann Subdivision Part Two, a 16.97 acre, 29-Lot
residential subdivision located north of Court Street and east of Scott Park Drive, be deferred
pending resolution of the deficiency described below.
Pending resolution of this deficiency, staff recommends SUB02-00002 be approved, subject to
approval of legal papers and construction plans prior to Council consideration.
DEFICIENCIES AND DISCREPANCIES:
1. The preliminary plat included a hammerhead turn-around for the rear lane at the rear of Lots
1-4. In the latest version of the final plat submitted, the turn-around has been removed.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENTS:
1. Location map
2. Final plats
8
RS
~-- PDH 8
12
SITE LOCATION: Lindeman Subdivision, Parts 1 & 2 SUB02-O0002
FINAL PLAT
?!] F~, . · [LINDEMANN SUBDIVISIONiowA CITY, IOWA -- PART ON]~
~ 25
~ ~ "~ TW~
! ....... FINAL PLAT
:=:'~'~'=---. .'"=="-.__ LI~J)]~.,ANN SUBDIVISION PART TWO
.................... IOWA CITY IOWA
~ ~ ~ ~,,'~"
~ ....
lO ~ ..... :~.
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB0'i-00024)
RESOLUTION NO. 02-147
RESOLUTION APPROVING THE PRELIMINARY PLAT OF NAPOLEON
HEIGHTS, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate Development, filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Napoleon Heights; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms to all of the requirements of the City Ordinances of the
City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Napoleon Heights, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 16th day of ~1~ _~_~, 2002. ~
It was moved by Champion and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
× Wilburn
sharedlpcd/shelleylrez01-00022napoleonhts/sub01-O0024res
Prepared by: Ross Spitz, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 02-148
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST
AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO
D STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS,
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper pubiished 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 Civic Center, until 10:30 a.m. on the 7th day of May, 2002, 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
h
the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7 00 p.m. on the 7 day of May,
2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk.
Cl'l'~ CLERK ~ Cit~ Attorney's ~ffi~
Resolution No. 02-148
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
× Pfab
X Vanderhoef
X Wilbum
:ohnson Court(y, Iowa
CITY OF IO~:A (I?Y ~ DEPARTMENT of PUBLIC
First Avenue Corridor Improvement Project
Rochester Street to D Street
Location Map
~. Legend Index
P^~E~ ~ "~ -- ~ -- Title Sheet 1
CUL~.T ~ ~ Quantities & Reference Information
?~ ~o~ ~ ~ ,,~ Division 1 4-5
Division 4 ~9
~ ~ -=--?- ........ Traffic Control 10-11
I:::::d
Std. Boad Plans
~ RA 42 02 ~ O0 IOWA CITY
GENERAL NOTES OVERALL VIEW OF PROJECT DIVISIONS ESTIMATED QUANTITIES
ENGINEERING
CITY OF IOI~A CITY r,,v,s,ON
ASPHALT PA'VtNG LIMITS.
MILL HEADER TO MAINTAIN
....... ~:>N3 J DRA~AGETOIlqEWEST
,,J % Mayfield Road
INSTALL RA-43 T ~ ~ J~
SEESHEET r p m
I ~ ~ I ~ PO~R POLE TO BE RELOCA~D BY O~ERS
~ "~ ~ /CONS~UCT 71 PCC PAVCUENT (215 SY) ~ REMOVAL ITEm
I I ~" ~ [~/ .~"~ORARY CONS~MOT'~N EASE"~NT. ~ EXPOSED AOO"EOA~ "CC SIDE~A~
~DENNG SHALL BE NCDENTAL TO ~E L :; ~ ;~ "~ / %
GRANULAR SUBBASE ITEM (~) ~ I ~ ' ¢ ~U ~ T J .... ~T
m
~ ........... [ ..... , · m ~ g ~ J~REMO~ PCC SIDEWALK (101 SY)
CONS~UCT 7" PCC PAYMENT (385 SY) ' i ~.. ~ ~ ¢ ~14
1% ~ ~l~14o' E~POSED~AOGREGAI~ PCC SIDEWA~ (13 SY)
CONSmUCT PCC SIDEWALK (140 SY) 11 PCC PAYMENT ,DENi ,G~ ~EMO~ ~ REPLACE PCC APRON (5 SY) I I
REMO~ PCC SIDEWALK (150 SY) % '% -~; I ~. REMO~ CpRBI~ GU~R.
, ~ ~'~ ~ ~g SA~UT ~ ~ EXlS~NO BOC (238 LF)
X % ~DENING k ENCE % mEE ~>% F;; ~ ~ %% r
EMPORARY ~ ~ ~ ,,s ~ k / % x ~ ~ ~ ~ ,¢~ ~ ~ ~DENING REP ACE PCC APRON (7 SY) /REPLACE PCC APRbN (I~S~)~
REMO~ PCC SIDEWALK (79 SY)'/ ~ / / /REIO~ CURB · O~./ ~ s,~E~/'~m~ x ~ ~ ~
CONS~UCT PCC StDEWA~ (76 ~Y) v ~ ~ SA VCUT l' O~ Exms~ "J ~J,~ ~ m ~ ~ ~ k REUO~ ~ REPLACE CURS ~ GUTTER (30 ~) x REUO~ Exms~NO HUA SURFACE
REMADE TO ORAN TO S~EET (T~)/ ¢~ENT (~1 S~)- /~ ~ ~= ~ 'J~ ~%REUO~ PCC ~IDEWALK (,7 SY). REP~CE PCC SIDEW~K (13 SY)
m ~ ¢ .RO~CT ~EE/ / mi J ~% L ~ %C~S~UCT7 .CC PA~U~T (18 S~ J
N [ -~ N
s $ Rochester Aver,ue PROPOSED BACK ~ CURB
5'~ GRANULAR SUBBASE I~M (T~)
(30 SY). SA~UT
C~S~UCT PCC SIDEWALK (29 SY) x ~ ~
G~DING ~ CONSTRUCTION ~
~ I~ = - -" ~'1- I
CITY OF I0 WA CITY ENGINEERING ;.~_ 11'' ~ ~'~ FI~T AVENUE ~RRIDOR '~TP~T FimA~nueand R~erA. nm~onP~
DIVISION ,~ ,~ ~ ~1 4
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-149
RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL
PURCHASE A 3-ACRE PARCEL OF LAND ON THE WEST SIDE OF IOWA CITY
ADJACENT TO SLOTHOWER ROAD, AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME.
WHEREAS, it is in the public interest to acquire property on the west side of Iowa City for location
of a water storage tank; and
WHEREAS, the Iowa City Public Works Department has identified a 3-acre parcel of property
located just off of Slothower Road, appropriate for location of a water storage tank; and
WHEREAS, the owner of said property, S & J Development LLP, has accepted an offer from the
City to purchase the property for $67,500 and upon the other terms and conditions stated in the
attached to offer to buy real estate and acceptance; and
WHEREAS, said offer is contingent upon City Council approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The terms set forth in the offer to buy real estate and acceptance attached hereto are
approved by the City Council.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the purchase of the property
pursuant to the terms as approved herein.
Passed and approved this ].6th day of A.___kg_.~]~,_~ _, 20 02
Approved by
CITY'C'%ERK - - ~.it~; Attorney~' Office
mitch/NS& Jdevelopment/res-purchase doc
Resolution No. 02-149
Page 2
It was moved by Champion and seco~nded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
COPY
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: S & J Development, L.L.P., Seller
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa,
legally described as follows:
A 3 acre parcel of land located in the northwest corner of tile southeast ¼ of
Section 13, T79N, R6W, of the 5th Principal Meridian, and generally described
as follows: Beginning at the center of Section 13, T79N, R6W of tile 5'h
Principal Meridian; tbence easterly along the north llne of the southeast ¼ of
Section 13, ±362 feet; thence southerly parallel to the west line of the southeast
¼ of Section 13, ±362 feet; thence westerly parallel to the north line of the
southeast ¼ Section 13, to the west line of said southeast ¼ of Section 13; thence
northerly along the west line of the southeast ¼ of Section 13, to the point of
beginning.
A more specific legal description, subject to approval of Buyer, will be
determined by a plat of survey or auditor's parcel, which shall be prepared at
Buyer's expense,
with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other
ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and
highways; and d. (consider: liens, mineral rights; other easements; interests of others.)
designated the; provided Buyer, on possession, is permitted to make the following use of the Real Estate:
public use for a water storage tank
2. PRICE. The purchase price shall be $67,500.00, payable at JOHNSON County, Iowa, as
follows: purchase price to be paid in full upon possession and closing.
3. REAL ESTATE TAXES.
a. Seller shall pay all real estate taxes that are due and payable as of the date of possession
and constitute a lien against the properly, including any unpaid real estate taxes for any
prior years.
b. Seller shall pay its prorated share, based upon the date of possession, of the real estate
taxes for the fiscal year in which possession is given (ending June 30, 2002) due and
payable in the subsequent fiscal year (commencing July 1, 2002).
Buyer shall be given a credit for such proration at closing (unless this agreement is for an
installment contract) based upon the last known actual net real estate taxes payable
according to the public record. However, if such taxes are based upon a partial assessment
of the present property improvements or a changed tax classification as of the date of
possession, such proration shall be based on the current millage rate, the assessed value,
-2-
legislative tax rollbacks and real estate tax exemptions that will actually be applicable as
shown by the Assessor's records on the date of possession.
c. Buyer shall pay ail subsequent real estate taxes.
4. SPECIAL ASSESSMENTS.
a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of
closing.
b. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments ~vhich are
a lien on the Real Estate and, if not paid, would become delinquent during the calendar
year this offer is accepted, and all prior installments thereof.
c. All other speciaI assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the
Real Estate to Buyer shall be as follows:
a. All risk of loss shall remain with Seller until possession of the Real Estate shall be
delivered to Buyer.
b. IF a. IS STRICKEN, Seller shall maintain $. ~, O O of fire, windstorm, and extended
coverage insurance on the Real Estate until possession is given to Buyer and shall promptly
secure endorsements to the appropriate insurance policies naming Buyer as additional
insureds as their interests may appear. Risk of loss from such insured hazards shall be on
Buyer after Seller has performed under this paragraph and notified Buyer of such
performance. Buyer, if it desires, may obtain additional insurance to cover such risk.
6. CONDITION OF PROPERTY.
a. The Real Estate shall be preserved in its present condition and delivered intact at the time
possession is delivered to Buyer, provided, however, if 5.a. is stricken and there is loss or
destruction of all or any part of the Real Estate from causes covered by the insurance
maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and
Seller shall not be required to repair or replace same.
b. Within 15 days after the acceptance of this Agreement Buyer may, at its sole expense,
have the property inspected by a person of its choice to determine if there are any
structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within
this same period, Buyer may notify in writing the Sellers of any deficiency. Seller shall
immediately notify Buyer in writing of what steps, if any, Seller will take to correct any
deficiencies before closing. Buyer shall then immediately in writing notify Seller that (1)
such steps are acceptable, in which case this Agreement, as so modified, shall be binding
upon all parties; or (2) that such steps are not acceptable, in which case this Agreement
shall be null and void, and any earnest money shall be returned to Buyer.
c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the
Property and is purchasing the real estate in its existing condition.
-3-
7. ENVIRONMENTAL MATTERS.
a. Seller warrants, to the best of its knowledge and belief that there are no abandoned wells,
solid waste disposal sites, hazardous wastes or substances or underground storage tanks
located on the property, the property does not contain levels of radon gas, asbestos or urea-
formaldehyde foam insulation which require remediation under current environmental
standards, and Seller has done nothing to contaminate the property with hazardous wastes
or substances. Seller warrants that the property is not subject to any local, state, or federal
judicial or administrative action, investigatioo or order, as the case may be, regarding
wells, solid waste disposal sites, hazardous wastes or substances or underground storage
tanks. Seller also shall provide Buyer with a properly executed GROUNDWATER
HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or
underground storage tanks on the Property', unless disclosed here:
b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a report
from a qualified engineer or other person qualified to analyze the existence or nature of
any hazardous materials, substances, conditions or wastes located on the Property. In the
event any hazardous materials, substances, conditions or wastes are discovered on the
Property, Buyer's obligation hereunder shall be contingent on the removal of such
materials, substances, conditions or wastes or other resolution of the matter reasonably
satisfactory to Buyer. However, in the event Seller is required by Buyer pursuant to the
foregoing sentence, to expend any sum in excess of $ .00 to remove any
hazardous materials, substances, conditions or wastes, Seller shall have the option to
cancel this transaction and refund to Buyer all earnest money paid and declare this
Agreement null and void. The expense of any inspection shall be paid by Buyer. The
expense of any action necessary to remove or otherwise make safe any hazardous material,
substance, conditions or waste shall be paid by Sellers, subject to Seller's right to cancel
this transaction as provided above.
8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely
performance of all obligations herein, closing shall be held no later than July 31, 2002, and
possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of
rent, insurance, and interest to be made as of the date of transfer of possession.
9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether
attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens,
plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning
equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers
and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the
sale except: (consider: rental items)
10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
11. ABSTRACT AND TITLE. Seller, at its expense, shall obtain an abstract of title to the Real
Estate. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title
Standards of the Iowa State Bar Associatioo.
12. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer or its
assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as
provided in 1 .a. through 1.d. Any general warranties of title shall extend only to the time of acceptance
of this offer, xvith special warranties as to acts of Sellers continuing up to time of delivery of the deed.
15. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
16. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa
Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days
written notice of intention to accelerate the payment of the entire balance because of such
failure (during which thirty days such failure is not corrected) Seller may declare the entire
balance immediately due and payable. Thereafter this contract may be foreclosed in equity
and the Court may appoint a receiver.
b. If Seller fails to timely perform this contract, Buyer has the right to have all payments
made returned to it.
c. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or
in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as permitted by law.
-5-
17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real
Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the
correct balance due.
18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this
contract shall be on a form of the Iowa State Bar Association.
19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the
fiduciary shall promptly sub,nit this contract for such approval. If this contract is not so approved, it
shall be void.
20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and
bind the successors in interest of the parties.
21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number,
and as masculine, feminine or neuter gender, according to the context.
22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before 5:00 p.m.
on March 29, 2002, it shall become void and all payments shall be repaid to the Buyer.
23. OTHER PROVISIONS.
a. This Offer is subject to City Council approval.
CITY OF IOWA CITY, IOWA, Buyer
By: ~' Date ~ "//~'0 ~-
City Manager
This offer is accepted _~,~ ~9oa ,2002.
S & J DEVELOPMENT, L.L.P. SELLER
Taxpayer iD No. 3~'[~9~7
Na~ ~ Title ~
Nam~-~& Title - ~ ~ [ h {> c.- c'- -- marym\land-acq\misc\water tank offer
LJ
Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319~356-5138
RESOLUTION NO. 02-150
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS
NECESSARY FOR CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL
GREENSPACE LANDSCAPE AND TRAIL PROJECT.
WHEREAS, the City of Iowa City desires to landscape and construct a trail within the South
Sycamore Regional Greenspace; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, MMS Consultants, Inc. has determined the location of the
proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of the South Sycamore Regional Greenspace Landscape and Trail
Project, which Project constitutes a public improvement under Iowa law. The City Council
further finds that acquisition of said property rights is necessary to carry out the functions
of the Project, and that such Project constitutes a valid public purpose under state and
federal law.
2. The City Manager or designee, ~n consultation with the City Public Works Department
and/or the City Attorney's Office, is authorized and directed to establish, on behalf of the
City, an amount the City believes to be just compensation for the property to be acquired,
and to make an offer to purchase the property for the established fair market value.
3. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the Project.
The City Manager or designee is authorized to sign purchase agreements for the
purchase of property and/or easements, and offers to purchase property and/or
easements.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed to
take all necessary action to complete said transactions, as required by law.
Resolution No. 02-150
Page 2
Passed and approved this ~6th day of April ,20 02
Approved by
CI'I-~"CLERK ' ' Cit~ ~t~or-ney's Office
It was moved by Wilburn and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pweng~res~sosycamoregr.doc
4/02
April 16 .2002
The Finance Director of Iowa City, Iowa, met at the Civic Center, 410 East
Washington Street, Iowa City, Iowa, at 11: 00 o'clock A.M., on the above date, to open
sealed bids received and to refer the sale of the bonds to the best and most favorable
bidder for cash, subject to approval by the City Council at 7: 00 o'clock P__.M. on the
above date.
The following persons were present at said meeting:
David Oirk~ Marian ~arr. Kovin O'Malloy:
Cyndi Ambrose
-l-
This being the time and place for the opening of bids for the sale of $29,100,000
General Obligation Bonds, the meeting was opened for the receipt of bids for the bonds.
Sealed bids were filed and listed in the minutes while unopened, as follows:
Name & Address of Bidders: NIC ($) TIR(%)
RBC Dain Rauscher Inc. Chicago, IL 12,521,000.69 4.5543
US Bancorp Pi per Jaffray Minneapolis, MN 12,895,581.46 4.6738
Harris Trust & Savings Bank Chicago, IL 12,615,801.50 4.5974
UBS Painewebber Inc. New York, NY 13,004,901.21 4.6351
Salomon Smith Barney Chicago, IL 12,467,759.17 4.55737
Whereupon the Finance Director declared the time for filing of sealed bids to be
closed.
Whereupon, the Finance Director declared the sealed bids be opened. The sealed
bids were opened and the best sealed bid was as follows:
Name & Address of Bidder: RBC Dain Rauscher Inc, Chicago, IL
Net Interest Rate: 4. 5543%
Net Interest Cost: $12,521,000.69
Whereupon, all bids were referred to the Council for action in accordance with the
Notice of Sale.
-2-
April 16 ,2002
The City Council of Iowa City, Iowa, met in repul ar session, in the Emma J.
Harvat Hall, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7: 00
o'clock P.M., on the above date. There were present Mayor Lehman .,
in the chair, and the following named Council Members:
Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderho~f, Wilburn
Absent: None
-3-
Council Member Champi on introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $29,100,000 GENERAL OBLIGATION
BONDS," and moved its adoption. Council Member ?fat> seconded
the motion to adopt. The roll was called and the vote was,
AYES: O'Donnell~ Pfab~ Vanderhoef~ Wilburn,
Champion, Kanner, Lehman
NAYS: None
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 02-151
RESOLUTION DIRECTING SALE OF
$29,100,000 GENERAL'OBLIGATION
BONDS, SERIES 2002
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the bonds described as follows and the best bid received is determined to be
the following:
$29,100,000 GENERAL OBLIGATION BONDS, SERIES 2002:
Bidder: RBC Dain Rauscher Inc. of Chicago. It
the terms ofsaid bid being:
Price of $29,097,713.89. Interest rates of 3.50;
4.00; 4.10; 4.20; 4.30; 4.75; and 5.00 for 2003'
through 2021 maturities. Net interest rate is 4.5543%.
-4-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby determined to be
the best and most favorable bid received and, said bonds are hereby awarded based on said
bid.
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of said bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the bonds heretofore given and all acts of
the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved.
PASSED AND APPROVED, this 16th day of April ,2002.
Mayor
ATTEST:
City Clerk
-5-
Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $29,100,000 GENERAL OBLIGATION
BONDS," and moved its adoption. Council Member seconded
the motion to adopt. The roll was called and the vote was,
NAYS:
Whereupon, the Mayor : following Resolution duly adopted:
RESOLUTION i SALE OF
$29 OBLIGATION
BONDS, 12002
WHEREAS, pursuant to: ? law, bids have been received at
public sale for the 1: s follows : best bid received is determined to be
the following:
$29. IONDS, SERIES 2002:
Bidder: // of
the terms of said bid b/eing:
-4-
REPORT OF BIDS
City of Iowa City, Iowa
$29,100,000 General Obligation Bonds, Series 2002
April 16, 2002
TO: Iowa City Mayor, City Council Members and Administration
FROM: David Dirks
EVENSEN DODGE, INC.
SUBJECT: $29,100,000 General Obligation Bonds, Series 2002
Today, April 16, 2002 the sealed bids tabulated below were received, opened and
reviewed. The bids reflect and are indicative of the current conditions in the tax-
exempt market.
BIDDER ADDRESS $ NIC (%) TIR
RBC Dain Rauscher Inc. Chicago, IL $12,521,000.69 4.5543%
Salomon Smith Barney Chicago, IL $12,467,759.17 4.5573%
Harris Trust & Savings Bank Chicago, IL $12,615,801.50 4.5974%
UBS PaineWebber Inc. Chicago, IL $13,004,901.33 4.6351%
US Bancorp Piper Jaffray Minneapolis, MN $12,895,581.46 4.6738%
WE RECOMMEND AWARD TO:
RBC Dain Rauscher Inc.
Thank you for the opportunity to be of service to the City of Iowa City, Iowa. We are
available to answer any questions you may have on this or any other issue in the
future.
100 Court Avenue, Suite 215
Des Moines, IA 50309
515/282-6138
FAX 515/282-0252
/¥
NOTICE OF BOND SALE
Time and Place of Scaled Bids: Scaled bids for the sale of bonds of the City of Iowa
City, Iowa, will be received at the office of the Finance Director in the City of Iowa City, Iowa
(the "Issuer") at 11:00 A.M., on the 16th day of April, 2002. The bids will then be publicly
opened and referred for action to the meeting of the City Council as stated below.
Sale and Award: The sale and award of the bonds will be held at the Emma J. Harvat
Hall, Civic Center, 410 East Washington Street, at a meeting of the City Council on the
above date at 7:00 o'clock P.M.
The bonds to be offered are the following:
GENERAL OBLIGATION BONDS, Series 2002, in the amount
of $29,100,000, to be dated May 1, 2002 (the Bonds").
Official Statement: The Issuer has issued an Official Statement of information pertaining
to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid
Form, which is incorporated by reference as a part of this notice. The Official Statement may be
obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street,
Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Evensen
Dodge, Inc., 601 2nd Avenue South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-
3535.
Terms of Offering: All bids shall be in conformity with and the sale shall be in accord
with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said bonds will be sold subject to the opinion ofAhlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and
their opinion will be furnished together with the printed bonds without cost to the purchaser and
all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the
legality of the bonds, the attorneys will not examine or review or express any opinion with
respect to the accuracy or completeness of documents, materials or statements made or furnished
in connection with the sale, issuance or marketing of the bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa.
s/Marian K. Karr
City Clerk of the City of Iowa City, Iowa
(End of Notice)
I 04-16-02
Prepared by: Klm Shera, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 02-152
RESOLUTION AUTHORIZING MAILING ,&ND PUBLICATION OF NOTICE OF
INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT
THE MORMON TREK BLVD. EXTENSION PROJECT AND TO ACQUIRE
PROPERTY FOR THE PROJECT; AND SE'FI'lNG DATE OF PUBLIC HEARING.
WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental
body which proposes to acquire property under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all owners of
agricultural property whose properties may be acquired in whole or in part for the project; and
WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct
the Mormon Trek Blvd. Extension Project, which includes the pavement extension of Mormon
Trek Blvd. from Highway 1 to Highway 92I, which project is to be known as the Mormon Trek
Blvd. Extension Project; and
WHEREAS, before the City of Iowa City can proceed with said project, the City Council must:
a. Hold a public hearing, providing the opportunity for public input on the question of
proceeding with the public improvement and on the acquisition or condemnation of
properly interests for the project; and
b. Adopt a resolution declaring its intent to proceed with said project and authorizing the
acquisition of property interests required for the project by negotiation or condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Documentation showing the proposed location of the Mormon Trek Blvd. Extension Project
shall be placed on file in the office of the City Clerk and made available for public viewing.
2. A public hearing on the City's intent to proceed with the Mormon Trek Blvd. Extension Project
and to acquire property rights therefore is to be held on the 21st day of May, 2002, at 7:00 p.m.
in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as posted by the City Clerk.
3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
4. The Department of Public Works and City Clerk are hereby authorized and directed to cause
notice of the City's intent to proceed with said project and authorize the acquisition of property
for said project to be mailed and published as required by law with said Notice of Intent to be
in substantially the attached form.
ResoLution No. 02-152
Page 2
Passed and approved this 16th day of April ,20 02 .
Approved by
A TTEST:ciTY,.6LERK'-~~.) '2~ ~.¢.4 ) City A~to¢~/e~ ~ z¢/~/¢~
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X . O'Donnell
X Pfab
X Vanderhoef
X . Wilburn
pwe ng/resLmormt rekext.doc
4~02
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS
WHICH MAY BE NEEDED FOR THE
MORMON TREK BOULEVARD EXTENSION PROJECT
TO: Harold John Jr. & Allegra Dane
4082 Dane Road SE
Iowa City, IA 52240
James & Ruth Dane
4507 Dane Road SW
Iowa City, IA 52240
James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52246
Robert A. Davis
4059 Kitty Lee Road SW
Iowa City, IA 52240
Jan Ellen Smith
690 North Star Court
Boulder, CO 80304
George Dane
715 Benton Court
Iowa City, IA 52246
Francis & Janet Driscoll
4120 Dane Road SE
Iowa City, IA 52240
Tom H. & Karen Williams
4146 Dane Road SE
Iowa City, IA 52240
Jebb L.L.C.
3732 Hmmningbird Lane
Iowa City, IA 52240
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire
property rights under power of eminent domain for a public improvement project to give
notice of the project to all agricultural property owners whose properties may be affected and
to hold a public hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the
City Council of the City of Iowa City will consider funding of the site-specific design for the
Mormon Trek Boulevard Extension Project, making the final selection of the route or site
2
location, or acquiring or condemning property rights, if necessary, required for the project.
Said project involves the pavement extension of Mormon Trek Boulevard from Highway 1 to
Highway 921.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION.
If the above-described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of the records of the Johnson County Auditor, it appears that
properties or portions of properties owned by the above-identified persons may have to be
acquired for the project by the methods described above. The City will attempt to purchase
the required property by good faith negotiations. If negotiations are unsuccessful, the City
will condemn those property rights which it determines are necessary for the project. The
proposed location of the above-described public improvement is shown on documentation
which is now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WlTH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary design~ now indicate that
certain property rights may need to be acquired. Any public comment will be considered in
preparing the final designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or condemn property rights, if
necessary, the City Council is required to hold a public hearing, giving persons interested in
the proposed project the opportunity to present their views regarding the decision to fund the
site-specific designs for the project, make the final selection of the route.or site location, or to
acquire or condemn, if necessary, property or an interest in property for the project. The
public hearing will be held on the 21st day of May, 2002 in the Emma J. Harvat Hail,
Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m.
or, if cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, In order to fund the site-specific design for the public improvement, to make the
final selection of the route or site location, or to commence the acquisition or condemnation
of property rights, if necessary, for the above-described project, City Council will be required
to approve the project and authorize acquisition of private property rights for the project by
Council resolution. The City Council is scheduled to consider adoption of a resolution
authorizing acquisition of property rights for the above-described project following the public
hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
3
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. CONTACT PERSON
If you have any questions concerning the Mormon Trek Boulevard Extension Project please
contact the following person:
Kim Shera
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5437
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property rights for the project. This Notice does not
constitute an offer to purchase property rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code § § 6B.45, 6B54)
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at le~t one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
4
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B.4A)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code §8 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidehtal to transferring title to the acquiring agency.
(Iowa Code 88 6B.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code 86B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code 8316.9)
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
'Ma~an K. Karr x.
City Clerk