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HomeMy WebLinkAbout1978-01-03 ResolutionL, RESOLUTION M. 78-1 RFSOWTION ACCEPTING SANITARY SEWER B.D.I. FIRST ADDI WFIERD'S, the Engineering Department has certified that the following improvenents have been conpleted in accordance with plans and specifications of the City of Iowa City, I Sanitary sewer for BDI First Addition, serving Lots 2, 3 and 4. AND WHOFAS, Maintenance Bonds for SulzbergerExcavating, Inc, are on file in the City Clerk's office, usca tne, owa NOW THM EEORB BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvarnnts be accepted by the City of Iowa City. It was moved by Neuhauser and seconded by Perret that the Resolution as read be accepted, and upon roll call there Here: AYES: NAYS: ABSENT: Balmer x' deProsse i L, RESOLUTION M. 78-1 RFSOWTION ACCEPTING SANITARY SEWER B.D.I. FIRST ADDI WFIERD'S, the Engineering Department has certified that the following improvenents have been conpleted in accordance with plans and specifications of the City of Iowa City, I Sanitary sewer for BDI First Addition, serving Lots 2, 3 and 4. AND WHOFAS, Maintenance Bonds for SulzbergerExcavating, Inc, are on file in the City Clerk's office, usca tne, owa NOW THM EEORB BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvarnnts be accepted by the City of Iowa City. It was moved by Neuhauser and seconded by Perret that the Resolution as read be accepted, and upon roll call there Here: Passed and approved this 3rd day of January , 19 78 . � > , C��� i/,/% y/) / Mayor ATTEST: /&'L ��1.�- ,—Z, City Clerk 4 1410,01111419 BY JORM MICR+LAB CHAR RAPIDS • DES 1401HES ey T:: /•/J- 4 : 7l !9 AYES: NAYS: ABSENT: Balmer x' deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of January , 19 78 . � > , C��� i/,/% y/) / Mayor ATTEST: /&'L ��1.�- ,—Z, City Clerk 4 1410,01111419 BY JORM MICR+LAB CHAR RAPIDS • DES 1401HES ey T:: /•/J- 4 : 7l !9 City of Iowa City �.. DATE: December 19, 1977 TO: Neal Berlin, City Manager FROM: David Lundquist, Assistant Planner RE: Extension of Carver Street Table 1, below summarizes the estimate of total cost for the paving of Carver Street from Muscatine Avenue north 200 feet to the proposed Oaks Meadow Addition. Total project cost is estimated at $34,907.48 including construction, land, contingencies, engineering, advertising and printing, and a default fund. The estimated land cost is $12,750, which represents the estimated fair market value of the 50' x 200' right of way through the parcel owned by Courtcrest, Inc. This figure is based on an appraisal done by The Means Agency, Inc., which is attached. It should be noted that the actual amount that will have to be paid for the land may be greater or less, depending upon the terms of a voluntary sale if one can be negotiated, or what the ultimate award allowed by the condemnation commission will be if the City condemns this property. Table 1 Carver Street - from Muscatine Avenue north 200+ feet to proposed Oaks pleadow Addition (28' wide) — _quantity Unit Item 715.5 sq. yd 7" P.C.C. pavement F lin. ft. 6" Integral curb 50 cu. yd. Excavation 12.5 sq. yd. i City of Iowa City �.. DATE: December 19, 1977 TO: Neal Berlin, City Manager FROM: David Lundquist, Assistant Planner RE: Extension of Carver Street Table 1, below summarizes the estimate of total cost for the paving of Carver Street from Muscatine Avenue north 200 feet to the proposed Oaks Meadow Addition. Total project cost is estimated at $34,907.48 including construction, land, contingencies, engineering, advertising and printing, and a default fund. The estimated land cost is $12,750, which represents the estimated fair market value of the 50' x 200' right of way through the parcel owned by Courtcrest, Inc. This figure is based on an appraisal done by The Means Agency, Inc., which is attached. It should be noted that the actual amount that will have to be paid for the land may be greater or less, depending upon the terms of a voluntary sale if one can be negotiated, or what the ultimate award allowed by the condemnation commission will be if the City condemns this property. Table 1 Carver Street - from Muscatine Avenue north 200+ feet to proposed Oaks pleadow Addition (28' wide) — _quantity Unit Item 715.5 sq. yd 7" P.C.C. pavement 462.0 lin. ft. 6" Integral curb 50 cu. yd. Excavation 12.5 sq. yd. 8" P.C.C. Pavement Removal 2 each RA -5 150 lin. ft. 12" 2000 D RCP stone sewer 188 sq. ft. 4" P.C.C. sidewalk 300 sq. ft. Sidewalk removal 85 lin. ft. Saw cut Total Construction Cost Land Cost 10,000 sq. ft. Total Land and Construction + contingencies TOTAL COST + Eng. Adv. $ Printing + Default Fund Unit Price $ 11.00 1.00 3.00 4.00 1,100.00 14.00 1.75 .20 3.00 1.28 10$ 100 FA1CPonuaED BY .IORM MICR+LA© clung RAPIDS • DI7S MOINES Cost $ 7,870.50 462.00 150.00 50.00 2,200.00 2,100.00 329.00 60.00 255.00 $13,476.50 12,750.00 $26,226.50 2,622.65 $28,849.15 2,884.92 31,734.07 3,173.41 $34,907.48 3Y I U4 Neal Berlin December 19, 1977 Page 2 In regard to this project, the question has arisen whether the City can condemn some- one's property for a public improvement and then specially assess that same owner for the project costs, including the costs of acquiring their land. The answer under the Iowa Code appears to be yes. Under Iowa Code Section 384.38, a City may assess to private property within the City the cost of construction and repair of public improvement within the City. Under Iowa Code Section 384.37(6) "total cost" or "cost" of a public improvement includes the cost of engineering, preliminary reports, property valuations, estimates, plans specifications, notices, legal services, acquisition of land, consequential damages or costs, among other things (emphasis added). Finally, under Iowa Code Section 384.44, the estimated total cost of any public improvement constructed under this part must include all of the items of cost listed in Section 384.37 subsection 6, which the Council proposes to include as a part of the cost of the public improvement. Therefore, it appears that should the City Council desire to include the cost of the land acquisition in the special assessment against an owner whose land was condemned for the public improvement, it may do so. Thus it would appear that the total cost of extending Carver Street can be specially assessed against the abutting property owned by Courtcrest, Inc. Of course, this is subject to the limitation of Iowa Code Section 384.61 which provides that the total cost of a public improvement must be assessed against all lots within the assessment district in accordance with the special benefits conferred upon the property and not in excess of such benefits. (Council ultimately decides which properties are specially benefitted and the boundaries of the assessment district.) Of course Courtcrest, Inc. can challenge the amount of the special assessment and may have a valid argument that it has not received special benefits in the amount of the total cost of the project. Therefore, it is possible that the City will have to absorb a portion of the project cost, even if the total cost is specially assessed against Courtcrest, Inc. The developer has requested that Oakes Meadow Addition plat be considered by the City Council at the meeting of January 3, 1978. MICPOIILI.TD BY JORM MICR( LAB U JA6 RAPIDS • DCS MOINES IT.SOLUTION N0. 78-2 f RESOLUTION RECOMEQDING APPROVAL OF ACCESS REQUEST TO THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Iowa Deparbient of Transportation has received an application from certain persons for a public access onto Highway 6 By -Pass in Iaoa City, Iowa, a copy of such request is attached to this Resolution and by this reference made a part hereof, and WHEREAS, the Iowa Department of Transportation has requested that the City Council of the City of Iowa City, Iowa, approve such request prior to their approval, and WHEREAS, the City Council deers it in the public interest to recommnd approval of said application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CCUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized and directed to sign a reconnendation of approval of said Dlat. It was roved by Balmer and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: x Balmer x deProsse Abstain Erdahl x _ Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of Janua 1978. ATTEST: City Clerk J RECEIPED & APPROVED BY THE LEGAL DEPAMUNT �4: M; CROI ILMEO BY JORM MICR+LAB CUM RAPIDS - RES MOINES 35- M: S m