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HomeMy WebLinkAbout1977-09-27 ResolutionRESOLUTION NO. 77-382 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower Muscatine Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Foster that the Resolution as reaTTe--adopted, and upon ro ca there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this 27th NAYS: ABSENT: day of September . 19 77 37,Y8 RESOLUTION NO. 77-383 OF BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower Muscatine Rd. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- mente required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Foster CF - that the Resolution as res e e op e , and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 27th day of September , 19 77 375'8 RESOLUTION NO. 77-384 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or parsons at the following described locations: Dale E. Watt dba/Watt's Food Market, 1603 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imFosed by ordinance or state law. The City Clerk shall cause a recosmendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer ani Iiquor Control DoparEment. It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: Balmer AVS: NAYS: ABSENT: eProsse x Foster x t eu auser x erre x e zer x evera x Passed this 27th day of September , lg 77 37zlq ' E 0 RESOLUTION NO. 77-385 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approves for the following named person or persons at the following described location: Robert L. Anderson dba/Jimbo's Lounge, 1210 Highland Court Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Foster that the Resolution ass rearTe adopted, and upon ioT ce there were: AYES: NAYS: Balmer x _ deProsse x _ Foster x Nsuhauser x _ Perret x Selzer x Vevera x ABSENT: Passed and approved this 27th day of September ly 77 3 7SO 0 0 RESOLUTION NO. 77-385A RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to mall cigarette papers and cigarettes to the following named persons and firms: Central Vendors, Inc. dba/Serendipity Lounge, 1320 Highland Ct. Y" It was moved by deProsse and seconded by Foster that the Resolution ass rea�pted, and upon rollcam were: AYES: NAYS: ABSENT: Balmer X a deProsse X Foster X Neuhauser X ' -- Perret X Selzer X Vevera X Passed this 27th day of Sept. , 19 77 3 751 1 Cm, i 0LUTION NO. 77-386 A RESOLUTION RELEASING THE MELROSE CORPORATION FROM CERTAIN TERMS OF A SUBDIVISION AGREEMENT UPON THE DEPOSIT OF ESCROW MONIES. WHEREAS, on April 19, 1977, the undersigned City of Iowa City, Iowa, and the Melrose Corporation entered into an agreement to install various Improvenents in "The Westwinds" development, a copy of which is attached to this certificate and by this reference made a part hereof, and WHEREAS, pursuant to said agreement the Melrose Corporation has installed certain Improvements required by said agreement but has not com- pleted all such called for Improvements, and WHEREAS, the Melrose Corporation has deposited monies into an escrow fund to be used toward impletion of any remaining Improvements to be com- pleted, and WHEREAS, the City Engineer has found that the amount deposited in es- crow is sufficient to complete the remainder of said Improvements and would constitute compliance by the Melrose Corporation with the required Improvements with respect to Lot 1 of said "The Westwinds" development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City of Iowa City releases and waives any claim or lien against any property located in Lot 1, Westwinds subdivision as alloyed in the March 18, 1977, agreement with the exception of any com- pliance required by the City for the installation of sidewalks in said Lot 1. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Foster T_ Neuhauser X Perret X Selzer X Vevera Passed and approved this 27th day of September 1977. A1�1 Mayor ATTEST: City cjprk iZECEiVEP F APPR07EI) BY 1TllI LEC1I nPARTMENT 3 X63 AGREEMENT This Agreement made by and between Melrose Corporation the owner and subdivider hereinafter callsd the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". WITNESSES: Section 1.. Consideration and Covenant. In consideration of the City approving the proposed large scale residential development and subdivision, "West - winds", the subdivider agrees as a covenant running with the land that the City shall not approve any building permit on any lots in the said subdivision unless and until concrete paving at least 2B feet in width, water mains and sanitary, storm sewers have been installed in front of or adjacent to any lot on which a building permit had been requested, as required by the City of Iowa City, Iowa, under its platting ordinance. Section 2. Construction of Improvements. All such improvements as stated in Section 1 of this Agreemant shall be constructed and installed by the subdivider according to the plans and specifications of the City of Iowa City, Iowa, and under the direction of the City Engineer. Said direction shall consist of occasional inspection of the work in progress, but shall not relieve or release the Sub- divider from its responsibility to construct said improvements pursuant to said plans and specification. Section 3. Sidewalks. The Subdivider agrees that within one year from the RzcnivDil A fGDi9vA By The Legal D_pa'•n"nt F�LrPnI APR 1 'f 1977 ' ABBIE STOLFU�j CITY CLERK 0 0 date of the approval of the final plat of Siad subdivision, to install sidewalks in said subdivision abutting said lots and within the "Walkways" designed on the plat, at least 4 feet in width and according to the plans and specifications of the City of Iowa City, and under the direction of the City Engineer as specified in Section 2. Section 4. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pavement, water mains and sanitrry sewers are not in- stalled, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 per cent thereof as determined by the City Engineer's office of the City of Iowa City, Iowa. Whan said funds are deposited than in that event the Building Inspector of the City of Iowa City, Iowa shall issue a building permit provided that the applicant complies with all other requirements and ordinances of said city. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 4, the City in its dis- cretion may require the Subdivider, its assigns or successors in interest, to construct and install such improvements as stated in Section 1. Section 6. Use of Escrow Monies. If after the issuance of an occupancy permit, the im- provements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed tha amount of siad escrow, the City shall have a lifm and charge against all the lots adjacent to or in front of ' which said improvements are made. The City shall refund to the depositor any escrow monies no`. used by the City after the construction and install- ation of such improvements. Section 7. Waiver. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, . water mains and sanitary sewers; or :H the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said im- provements and the costs of said improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed , for improvements under the provision of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until pro- perly released as hereinafter provided. The City agrees when such improvements have been in- stalled to the satisfaction of the City it will immediately file in the office of the County Recorder.of Johnson County, Iowa, a good and sufficient release to various lots in said subdividion so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. Section B. Street Maintenance. It is further provided that the subdivider and its assigns and successors in interest- agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. is Dated this ( day of'Z' = -J t , 1977, at Iowa City, Iowa. By: , Ltd. IIruUGe�' Orr Solral Partner of Medents Ltd., an Iowa Limited Partnership STATE OF I0WA ) ) ss: COUNTY OF JOHNSON ) I, Larry Well, a notary public in and for said county, in the state aforesaid, do hereby certify that Bruce A. Orr, to me personally known to by president of Melrose Corporation, a corporation, and also known to me to be the person whose i• name subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president he signed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this 7� clay of i Zf:..: �)1 1977. Notary Public I STATE Or IMA ) ) SS. COUNTY OF JOHNSON ) On this .,day of 1977, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr, to ma known and being duly sworn, did say that he is the Sole General Partner of Mad- ivestments, Ltd., An Iowa Limited Partnership, and that said instrument was signed on behalf of said Partnership by authority of its Articles of Limited Partnership and said Bruce A. Orr acknowledges said instrume said partnership. RESOLUTION NO. 77-387 RESOLUTION ACCEPTING THE WORK ON THE FY78 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the F as included in a contract between the City of Iowa City and Barkers of Iowa City, Iowa, da Inc.nc 12, 1977, , be accepted, ted AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, improvement be hereby accepted by the City of Iowa City, Imo• a that said Foster by Selzer and seconded by that the resolution a e a ,and upon roll call dere were: It was moved s re opt AYES: NAYS_ ABSENT: x BALMER ':. x dePROSSE FOSTER — x ,... x — NEUHAUSER x PERRET x — SELZER x — VEVERA day Sept. , 1977. Passed and approved this 27th_ of �ADIIYA/111�D.1 aMayor ATTEST. Z?6L City Clerk Received F, Approved By Tho Lgam_ l Dep�rtnt Resp ully submitted, ,Pii^P/� Eug a A. Dietz, P.E. City Engineer EAD/jp ENGINEER'S REPORT FY78 LANDFILL EXCAVATION PROJECT SEPTEMBER 20, 1977 i To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the improvements as constructed in a contract between the City of Iowa City and Barkers Inc. of Iowa City, Iowa, dated March 31, 1977, has been completed by said contractor in substantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following quantities: UNIT ITEI4 DESCRIPTIONUAq NTITY PRICE Ah10UNT 1. Excavate material, 87,000.00 cu. yds. $0.72 $62,640.00 Stockpile and shape as required CONTRACT AMENDMENTS $12,384.00 TOTAL CONTRACT AMOUNT 75,024.00 TOTAL PREVIOUSLY PAID 67,521.60 TOTAL DUE CONTRACTOR 7,502.40 Resp ully submitted, ,Pii^P/� Eug a A. Dietz, P.E. City Engineer EAD/jp i v I represent Auther and Joyce Campbell, Rural Route 4, Iowa City, Iowa. I will be appearing at the Council Meeting on September 27, 1977, in HONOHAN, EPLEY & LYON w ATTORNEYS AT LAW however, I would like on behalf of my clients, in writing, to go on record JAY H. HDNOHAN as favoring the North Site, rather than the Middle Site, which affects LLOYD A.EPLEY _ T. E. LYON value, and they accordingly object to that proposed site. THEOOOREL.KRON N� Honorable Mayor and City Council of the w HONOHAN, EPLEY & LY�Q City.of.Iowa City Cii 'Center a " Iowa City; Iowa 52240 1 Dear Mayor and Council: IOWA CITY OFFICE: 13191 351.6100 KALONA OFFICE: 13191 656-2916 LONE TREE OFFICE: 13191 629.5400 HILLS OFFICE: x3191 676.2267 330 EAST COURT STREET IOWA CITY, IOWA 52240 September 22, 1977 5 h I represent Auther and Joyce Campbell, Rural Route 4, Iowa City, Iowa. I will be appearing at the Council Meeting on September 27, 1977, in 1< connection with the hearing on the location of the proposed site for the w construction of the new Iowa City Sewage Treatment Plant, At this time, however, I would like on behalf of my clients, in writing, to go on record 1 as favoring the North Site, rather than the Middle Site, which affects the Campbells in a direct way. My clients feel that if the Middle Site were selected it would have an adverse affect on their property and its value, and they accordingly object to that proposed site. N� Very truly yours, w HONOHAN, EPLEY & LY�Q any: J y H. Honohan JHH:nm Fj E n tt P2 71977 IJ ABBIE STOLEUS ,.. CITY CLERK 0 0 0 Cau.r\ b � ��� � ti �tc� 4 Ser i���' .27� I q7 7 I� �r� rt , 7 3hdc� x // 3769 - 37d 1