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HomeMy WebLinkAbout1978-04-18 ResolutionMILROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND ULS hluiNL�, IUe- RESOI.Ifr1ON NO, 78-132 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEB WHEREAS, The Waterfront, Inc. dba/ The Waterfront Loungg at 21 West Benton St. has surrendered Liquor Licensc AC -8998 , to the Iowa State Beer , Liquor Control Department, and has received the State share of 35% of two quarters of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City, share of 65% of two quarters of the liquor license fee, BE IT RESOLVED BY 'rill: CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and Gity Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to The Waterfront, Inc. 21 West Benton St. for refund of portion of Liquor License P C-8998 It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x r Balmer deProsse Erdahl. Neuhauser Perrot Roberts Vevera Passed and approved this 18th 7 ATTEST: % City Clerk Vy day of April 1978 Mayor e(ILMEa By I JORM MICR+LAB rIPAP. PAI R. 9ES NOI4ES 73/ i MILROFILI4LU BY JORM MICROLAB CEDAR RADIUS AND ULS HUINLi , :'yid, RESOLUTION NO. 78-133 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Hawkeye Amusement, 1214 S. Gilbert dba/Gringo's Restaurant, 115 E. College Hawkeye Amusement, 1214 S. Gilbert dba/Hong Kong Restaurant, 715 S. Riverside Dr. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X X Perret Roberts X Vevera X — Passed and approved this 18th day of April 19 78 Mayor Attest: City Clerk 11 � .�at..>•s—NCROFILI4LD BY i JORM MICR4�LAB MIA!, PAP17 • )r5 140MFS 73/4 PlLkO'r1LMLO BY JORM MICROLAB CEDAR RAPIDS AND ULS IdGih'u, :w+ RESOLUTION NO. 78-134 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT BARN VENTILATION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., 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-named project is to be held on the 2nd day of May 1978 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x BAUIER x dePROSSE x ERDAHL x NEUMSER x PERRET x ROBERT x VEVERA Roberts e were: Passed and approved this 18th day of April , 19 78 Mayor ATTEST: City clerk Received la Approval By Tho L•agal Department >,%g. - 732 .s- MICRO[ I L141D BY i DORM MICR+LA6 f(';1gN PA�"'�` prS '4D RtfS "o f4ILROFILi4ED BY JORM MICROLAB CEDAR RAPIDS AND ULS 14U L'lL �, I�WM RESOLUTION NO. 78-135 RESOLUTION APPROVING FINAL PLAT OF E. L. KESSLER SUBDIVISION, PART TWO WHEREAS, a final plat of E. L. Kessler Subdivision, Part Two, Johnson County, Iowa, has been filed with the City Clerk of Iowa City, Iowa, and after consideration the same was found to be in accordance with the provisions of the laws of the State of Iowa and the 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 the said final plat of E. L. Kessler Sub- division, Part Two be and the same is hereby acknowledged and approved on the part of the City of Iowa City, Iowa, and the City Council of the City of Iowa City, Iowa, does hereby waive as to said final plat the requirements of Ordinance No. 9.50.5.A.4.j. The Mayor and the i City Clerk are hereby directed to certify this Resolution of Approval and affix the same to said plat as by law provided to the end that the final plat of said Subdivision may be recorded. The foregoing resolution was moved by Balmer and seconded by Roberts at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 18th day of April , 1978, commencing at 7:30 o'clock p.m. Upon roll call the following vote was taken: Aye Nay Balmer x DeProsse Erdahl Neuhauser x Perret x Roberts x Vevera x '7 MICROFIL14E0 BY r+1 I JORM MICR�LAB CrDAP PAPIIL" '11:5 1,101IILS Absent Gy Thu 3..:�s1 Dclalsmcn} MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUIHLS, IWO' Res. No. 78-135 -2- Passed and approved this 18th day of April 1978. Robert A. Vevera, Mayor Attest: Abbie Stolfus, C—)ty Clerk The foregoing is hereby duly certified by Abbie Stolfus, City Clerk of Iowa City, Iowa, as a true and exact copy of a Resolution of the City Council of the City of Iowa City, Iowa, adopted at a regular meeting held on the 18th day of April 1978. Abbie StolfueZ, City Clerk I 151LKUNl1v[U of } DORM MICROLAB MAR RAPID, • 7CS'4019CS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�, !WiA FI L E FEB3 1918 •�' ABBIE STOLFUS CiN CLERK A et I 141CROFILI-ED BY JORM MICR+LAB CEDAR, RAPIDS • PES MONFS t•11LifOf ILMLD BY JORM MICROLAB CEDAR RADIUS AND ULS ivvl„ APR 1 4 t 978 SUBDIVIDER'S AGREEMENT ABBIE STOLE ui CITY CLERK THIS AGREEMENT is made and entered into by and among ED L. KESSLER AND IRENE KESSLER, husband and wife, hereinafter collectively called "Kesslers"; MSS, LTD., an Iowa Corporation, hereinafter called "MSS"; JOHNSON COUNTY, IOWA, hereinafter called the "County"; and CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter called "Iowa City", WITNESSETH: IN CONSIDERATION of the County and Iowa City approving the final plat of the subdivision to be known as E. L. Kessler Subdivision, Part Two, of a portion of the N.E. 1/4 of the N.E. 1/4 of Section 24, Township 79 N., Range 7 W. of the 5th P.M., Johnson County, Iowa, the parties acknowledge and agree as follows: 1. Kesslers and PISS acknowledge that they are the sole owners of all real estate located within the boundaries of said E. L. Kessler Subdivision, Part Two, Kesslers being contract sellers thereof and MSS being the contract purchaser. 2. MSS, for itself and for its successors or assigns, agrees to construct and establish the road (an easement for a private drive) shown on the plat as Rohret Court and be fully responsible for the maintenance of said road until such time as all lots within the pro- posed subdivision are sold. 3. MSS will cause a homeowners' association called Kessler Sub- division Homeowners' Association, Inc. to be completed and its corporate existence begun on approval of the plat and filing. The Articles of Incorporation will provide that the organization will provide for road maintenance, beautification and other duties and obligations within the area of the proposed E. L. Kessler Subdivision, Part Two. In addition thereto, the Association will be empowered to provide for garbage pickup and other services beneficial to the owners of lots within said subdivision as shall be determined by such Association. 4. Kesslers and PISS state that the protective covenants and conditions for the lots within the proposed subdivision provide that each tot owner in such subdivision will become a member of Kessler Subdivision Homeowners' Association, Inc. The Articles of Incorpora- tion of said corporation shall also provide for automatic membership upon the acquisition of lots within said subdivision. 5. Kesslers and MSS, for themselves and their successors and assigns, hereby acknowledge that County will not accept the road (easement for private drive) shown on the plat of said subdivision as Rohret• Court for maintenance, either now or in the future. Received A Approved By The Legal Departm^nl h1iCRUF1LMLU BY JORM MICROLAB CEDAR RAPIDS AMU ULS ;0.6ihL_, :Jell, -2- G. Kesslers and MSS will retain the ownership of the road (easement for private drive) shown on said plat as Rohret Court and will ultimately convey ttte same to Kessler Subdivision homeowners' Association, Inc. 7. PISS, for itself and its successors and assigns, agrees to be responsible for installing and maintaining all culverts required for said subdivision. H. t•ISS, for itself and its successors and assigns, further agrees to provide water to each lot in said subdivision. Each lot will also have its own septic system approved by the County. MSS, for itself and its successors and assigns, further agrees that the County will in no way be responsible for providing sewer or water services for the proposed subdivision. 9. MSS agrees that the road (easement for private drive) shown on the plat as Rohret Court will be maintained in an orderly manner and that such road will be surfaced in the manner shown on the plat of said E. L. Kessler Subdivision, Part Two. MSS agrees to construct the said road and lots in such manner so as to provide adequate drainage for said roadway and for each lot. 10. Kesslers and MSS further agree that the conveyance of each lot to the purchaser thereof shall be subject to utility easements, and that the retained easements will ultimately be conveyed to Kessler Subdivision Homeowners' Association, Inc., or to the utility companies serving said subdivision, as the case may be. 11. Kesslers and MSS, for themselves and their successors and assigns, agree to dedicate to the public as a public roadway and for public roadway purposes forever, the westerly 33 feet of the north - south public road as shown on said plat at the easterly boundary of said subdivision. Kesslers and MSS, for themselves and their succes- sors and assigns, further agree to dedicate the street- and cul-de-sac located within the said E. L. Kessler Subdivision, Part Two, to Iowa City or to any other municipality to which said Subdivision may be annexed, upon the request of such municipality, provided, however, that nothing herein contained shall be construed as requiring any such municipality to accept such dedication when offerred pursuant to the provisions hereof. 12. Kesslers and MSS, for themselves and their successors and assigns, agree that, prior to any request for issuance of a building permit for the construction of any buildings within said E. L. Kessler Subdivision, Part Two, and prior to the construction of any buildings within such Subdivision, the storm water retention facility located upon Lot 2 in said Subdivision, as shown on the plat thereof, shall rrnnv rnrt�, • ,rs smri[s 11 FiICRUPILMLD BY JORM MICROLAB CEDAR RAPIDS AND uLS ;'lUitiL_,, !V-, -3- be constructed and certification of such construction shall be obtained by MSS from a registered professional engineer and delivered to the County and to Iowa City. 13. Kesslers, upon request of the County or Iowa City, agree to subordinate their interest as contract sellers of the area included within E. L. Kessler Subdivision, Part Two, to the provisions of paragraphs 4, 6, 10, 11, 12 and 14 hereof. 14. At such time as said E. L. Kessler Subdivision, Part Two, shall be annexed to Iowa City, MSS, for itself and its successors and assigns, agrees as follows: (a) Not to object to any improvements, including but not limited to sidewalks, paving, water mains, and storm and sanitary sewers, provided the City Council of Iowa City determines said im- provements are proper and desirable for said subdivision. (b) To waive Notice of Public [tearing pertaining to the installation of the above-described improvements and to assume and pay any special assessments resulting from said improvements without contesting or objecting to the amount of the assessment. Dated this 10 day of April, 1978. JOHNSON COUNTY, IOWA By.—co Z9 r24 616 Charman, Eoard of Supervisors ED L. KESSLER Attest: p � � � 0�� County Auditor IRENE KESSLER CITY OF IOWA CITY, IOWA By: V �//l •//�.r...i ilei Mayor Attest: City Clerk (r STATE OF IOWA SS: JOHNSON COUNTY RISS, LTD. /�i BYC c 9 fdclit On this _,��day of April, 1970, before me a Notary Public in and for the State of Iowa, personally appeared Ed L. Kessler and Irene Kessler, husband and wife, to me personally known to be the persons who executed the above and foregoing Subdivider's Agreement and acknowledged the execution of the same to be their own voluntary act and deed. WITNESS my hand and Notareal the day, month and year last above written. ' S� 4r j/�•/ Notary Public in and f r the State of Iowa rmm? i�nnm� • nrs wmers m!L,RUFILMED BY JORM MICROLAb SPATE OF lOWA ss:^ , JOHNSON COUNTY t� On this 1 ay Notary Public in and for E. Muller and Maynard E. by me duly sworn, did sa respectfully, of said cc instrument, that no seal that said instrument was authority of its Board o and Maynard E. Schneider of said instrument to be tion, by it and by them STATE OF IOWA SS JOHNSON COUNTY ) CEDAR RAPIDS AND ULS I•IUiGu, "Jr,+ -a- of April, 3.970, before me, the undersigned, a the State of Iowa, personally appeared Leroy Schneider, to me personally known, who, being y that they are the President and Secretary, rporation executing the within and foregoing has been procured by the said corporation; signed on behalf of said corporation by f Directors; and that the said Leroy E. Muller as such o s acknowledged the execution the volu acr and deed ofgsaid corpora- volu 11 ecuitpd. ` or On this /9 eZ day of z 19 , , before me, the undersigned, a to ary Public in and for t Stat of Iowa, personally appeared ,� 6rt'Pi?/_ and , to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the said municipal corporation, executing the within and foregoing instru- ment; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be their voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. —7totary Public, State.of IPP Y \�' MICRnfILMCD BY ' JORM MICRd•LAO f�DAf' Varip, arc M019IT, 14ILkOFIL14EU BY JORM MILROLAB LLDAk RAVIOS AND ULS b1U i;iL :Un, 7.1 RESOLUTION NO. 78-136 RESOLUTION ACCEPTING PRELIMINARY PLAT' FOR BDI, 3RD ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for BDI. 3rd Addition be granted with the following conditions: 1) that the location of Scott Blvd. be shown along the entire subdivision, 2) that additional right-of-way for Scott Blvd. will be dedicated upon paving the street, 3) that the location map is corrected, and 4) that all existing and proposed utility easements be shown. it was moved by Neuhauser and seconded by Roberts that the resolution as read be adopted and upon roll call there More: AYES: NAYSs ABSENT: Passed and approved this 18th ' day of April � , 1978. MAYOR ATTEST: CITY CLERK Q 1 I4ICROFILMED BY i JORM MICR6LAn3 rr9AR OAVl01. 7iaorirs Poc0lved Pi Approv3d By The Legal D< raiment 7y2 i hllLkOFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS AUiAL, BUSINESS DEVE OPMENT, INC. Your 0¢fiorhunly to Invest it, the Fn6ne of Iowa City April 14, 1978 Iowa City Council Re: 410 E. Washington Street Iowa City, Iowa 52240 Attention: Honorable Mayor and Members of City Council P.O. Ik,a VU IOWA CITY, 10WA 522411 Phone :119-:177-9637 Preliminary Plat BDI 3rd Addition Iowa City, Iowa The purpose of this letter is to respectfully request that the Iowa City Council act on the preliminary plat for subject project which is currently on your agenda. It is our understanding that the normal procedure for approval of plats provides for consideration of plat one week and action the following week. We would like to express the extreme importance to BDI and the current negotiations with a manufacturing firm that this plat be acted on as soon as possible. Any delays in the procedure could possibly cause some problems. It is our hope that you will understand our position and we appreciate your consideration in this matter. We also express our appreciation to the City Council and members of staff in assisting us in future industrial development in the BDI area. If you have any questions concerning any of the above, please contact us. JD/vt cc: Neal Berlin, City Manager Don Schmeiser, Senior Planner Respectfully yours, BUSINESS DEVELOPMENT, INC. ��uv1(2r4r— John Daniel President MICROFludfo By JORM MIC R�LAB CFOAP PA1'InC 7FS MOItlCS -7y2 I4ILROFILMED BY JORM MICROLAB STAFF REPORT CEDAR RAPIDS AND ULS MuL'IL:,, ;ue;r, Zoning Commission Prepared by: Doug Boothroy To: Planning and Item: 5-7812. BDI Third Addition Date: April 6, 1978 GENERAL INFORMATION Business Development, Inc. Applicant: Chamber of Commerce Building Iowa City, Iowa 52240 Approval of a preliminary plat Requested action: To establish three lots for Purpose: industrial development Northwest corner of the intersection of Location: Scott Blvd. and Highway 6. 30.56 acres Size: Undeveloped and zoned M1 (light industrial) Existing land use and zoning: and light industrial, Surrounding land use and zoning: North - undeveloped and zoned M1 RS South - undeveloped and Counundeveloped and East (across Scott Blvd.) County RS West - industry, warehousing and undeveloped; zoned M1 Provisions of the Subdivision Ordinance Applicable Regulations: 4/30/78 j 45 -day limitation: 5/15/78 60 -day limitation: SPECIAL INFORMATION and sanitary sewer utilities: Adequate water service via a lift station are available. Public service Police and fire protection are available. be Public services: Public sanitation service would not provided. Vehicular access would be provided from Transportation: Scott Blvd. The topography is gentle with slopes of Physical characteristics: less than 5 percent. 7yz IdICROFI LI4CD BY JORM MICR+LAB I'MAR RAPT",F. • Pf5 MOIDCS t-ULRUFILi4LD BY JORM 141CROLAB -2- ANALYSIS CLOAk RAPIDS AND ULA :'IUiNLI, :v+ The subject proposal is a subdivision of a part of Lot 6 Auditor's Plat, Number 32. The only public improvements being proposed are the extension of sanitary sewer and water mains. Because each of the lots in question is greater than two acres in size, each will necessarily be required to meet the provisions of the large scale non-residential development (LSNRD) ordinance. Both the Planning and Engineering Divisions agree that storm water management details are best accounted for at the time of development of each lot and submittal of an LSNRD plan. The staff has a real concern regarding access to Scott Blvd. Scott Blvd, is planned to be a limited access facility. Although one of its primary purposes is to provide better access to the Industrial Park area, this does not assume that there should be unlimited access. Proposed access does not, however, need to be addressed until submission of an LSNRD plan. Since BDI Second Addition included all of Lot 6 Auditor's Plat Number 32, and BDI Third Addition includes part of that area within BDI Second Addition, the preliminary plat of BDI Second Addition will have to be amended prior to its final approval. As with BDI Second Addition (see attachment) an agreement should be provided stipulating that prior to the issuance of any building permit for any construction or development and prior to any installation of utilities or other improvements upon the rest of Lot 6 of Auditor's Plat Number 32 (BDI Second Addition), the City shall cause the rest of Lot 6 of Auditor's Plat Number 32 to be platted in conformance with the provisions and requirements of Chapter 9.50 and other applicable ordinances and provisions of the Municipal Code of the City of Iowa City. RECOWENDATION It is the staff's recommendation that the plat be approved upon resolution of the deficiencies and discrepancies noted below, and subject to the submittal of the aforementioned agreement with the final plat. DEFICIENCIES AND DISCREPENCIES 1. The existing 50 -foot frontage road reservation from Heinz Road to Lot 1 should be shown on the plat. 2. The location of Scott Blvd. should be shown along the entire subdivision. 3. A note should be provided indicating that access to Scott Blvd. will be limited access. 4. The City wishes to ensure the availability of the necessary additional right- of-way for Scott Blvd. at the time of approval of the final plat. The plat should contain notes indicating right-of-way to be dedicated at the time of paving. 4 `•�� 611CRaFILMCa BY i JORM MIC R+LA6 CrIM, Pnrt�$ nl$ s10 CJr5 MICROHLMED BY JORM MICROLAB CEDAR RAPIDS AND DCS Fiullll IUwA SrNOOL ' DIStRICT ' Q�GRMOiILR f �N EL (,LOSE •t O e, S)AiTM LDr SOT Lo -r 6 i AuOITOAS PLAT + 32 i 1 1 ;. B,D.I. 31 (�_I-i81-� 'ADDITION J LOC ATIO(.l _MAP IOWA - C:! T . — _IOWA NO SCALE i MICROMMED BY JORM MICR+LAB ROAD RANT, • nrs MORICS I MILROFILME0 BY JORM MICROLAB AGREEMENT CEUAR RAPIDS AND UES MuiNL., !J+J,, THIS AGREEMENT made by and between Business Development, Inc., the owners and developers, hereinafter called the party of the first part, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the party of the second part, WITNESSETH: In consideration of the party of the second part approving the preliminary plat of B.D.I. Second Addition of the following described property as set forth in Exhibit A and by this reference made a part of this Agreement. The party of the first part agrees that prior to the Issuance of any building permit for any construction or development and prior to any Installation of utilities or other improvements upon Lot 5 of said preliminary plat the party of the first part shall cause Lot 5 of B.D.I. Second Addition to be platted in conformance with the provisions and requirements of Chapter 9.50 and other applicable ordinances and provisions of the Municipal Code of the City of Iowa City, commonly known as the subdivision code. Further, it is intended and agreed that this agreement shall be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the party of the second part, its successors and assigns, against the party of the first part, Its successors and assigns and every successor in Interest to the above described property, or any part thereof or any interest therein, and any party In possession or occupancy of the property of any part thereof. CITY OF IOWA CITY, IOWA BUS By: By: Mayor By: By: City Clerk i 141CROFILIIED BY JORM MICR+LAB rrnAP RAPM9 • 7M01!1r5 MICROFILMED BY JORM MICROLAB bort frantz� and associates CEDAR RAPIUS ANU ULS MUiNLS, 10AA 1131300 South Gilbert Street • Iowa City, Iowa 52240 April 14, 1978 REALTOR" TO THE MAYOR AND CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA Civic Center Iowa City, Iowa 52240 Council: MS _t Re: South Gilbert Street - Highway N6 Intersection Relocation Project The undersigned is the owner of the business building and property located at 1300 South Gilbert Street. It is my understanding that the relocation project referred to above will result in approximately five feet of the existing parking lot for this building being condemned by you. I wish at this time to enter my formal objections to the project. The condemnation of a portion of the parking lot for my building will re - suit in my building being a nonconforming use because of failure to comply with the parking requirements. This means that all of the Munici- pal Code restrictions on nonconforming uses will apply. Secondly, I have planned for some time to add a second story to this building. At the present time there is sufficient parking to allow me to do so to meet the off-street parking requirements. The condemnation will com- pletely prohibit this intended use of my building. I For these reasons, I hereby ob7'ect to the proposed project and ask you to abandon the same as proposed. Burton Frantz 1 ' ' n APR141978 L" ABBIE STOLFL CITY CLERK �yy 1,11CROMMED BY ' I DORM MICR6LA0 MAP PAPIDS P(S 1401RE5 Mli,Q< ILMLO BY JORM MICROLAB CEDAR RAPIDS AND DU ?1Di;'L. , .0e," I' -'!A DEPARTMENT OF TRANSPORTATION - a•e„! aleeta HIGHWAY DIVISION Johnson s-rr County Application for use of Highway Right of Way for permit No. Utilities Accommodation hnnp Company Applicant: ll (Name or owner) 615 3rd Ave. s. E. Cedar Rapids, Iowa 52401 (scare) (yip Code) (Address) (City) Iowa Department of Transportation Ames, Iowa 50010 Gentlemetf: 91 116 Approval Is hereby requested for the use of Primary Highway (Number) In Sec. T R -6-W West Lucas Twp., Johnson one M114 -79-W County West from 7011A City (Place, Town, Etc.) (Direction) telephone cable at Highway Station(s) No. for the accommodation of at line for the transmission Of voice The Installation shall consist of (Detailed Description) attachedSee sketchr J. U. roues and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) agrees that the following stipulations shall govern under this permit. once of the utility installation covered by this application shall be in accordance with the curront 1. The location. construction and Iowa Department of Transportation Utility e. The Installation shall meet the requirements of local municipal, cnunty. state, and federal a De, franchise rules, and reales and r regular ti the and directives Of the oe Transportation, aState Commerce other mission orregulations Division. t ahlc,t•a State Department of ❑calth, all rules and regulations ons a. The permittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused by highway construction or maintenance operations. 4. The Iowa Department of Transportation shall five the at Is like at least li hours written notice of any gingpitiprt o t e Permctlee or order maintenance work, on either existing or newly acquired right-of-way, that Is likely [n conflict with the Inswllatlnn belonging to the Pemdttce, in order that tact Its facilities. the Permittee may ¢mango to pro S. The State of Ion or owa and the maintenance operations dont of on said highwayn assume no responsibility for damages to the Pcrmittne's property occasioned by any' Gy. . Ithe orittoo hall t traveling pake all ublic le precaution during property a con s1Nction and maintenance of said installation to protect and safeguard the es perty djacent 7. 'rho agrees to give rho Iowa Department of Transportation forty-eight hours' notice of its intention to start construction on the highway fight'of•way, Satd notIca shall be made In writing to the Engineer whose name Is shown below. within the rightee Agrees to a nall ti es ge give to tIowhe a Dep err whoso name Isnshnw nnbe trutimely notice of intantiun to perfonu murine maintenance 8. mmodated y with ous ard to t. The Pemittec, p ublic.r Traffical protection shall be in alcct rdance the with partrvltuf the ortheIowa current mens of Transportation or rasportationriManualpon Uniform aroty of Traffic Control Devices for Streets and tilghways. Ilighway Division porsunnol may supervise nagging operations where considered necessary by the. signs and removal on complehe. Engineer. The original placen of tion of the work shall hu accomplished by the (I'ennttto,m..ia., o y -7446 i MICROf MED BY JORM MMR41LAB rrpAR r,.11'In'• 'i "l MOIIIrS f•IfLi<UFILMLU BY DORM MICROLAB • CEDAR RADIUS AND ULA 10. Operilions in the consteuction and i - 'lenance of said utility installation shall be rr'%1 on in such a manner as to c:mi° tonrmot of interference to or distraction of traffic o id highway. 1. The Peunluee shall be tespunsib1, for any damage that may result to said highway because of the construction operation, or maintenance 1 11 said utility.nand shall reimburse the State a( Iowa or ilio Iowa Department of Transportation any expenditure that the State of Iowa or the (ifIowa Department of Transportation may have to make on said highway because tit said Pennittee's utility having been constructed, operalwl, and maintained thereon. 12. The Permittee shall indemnify and save harmless the Suite of Iowa, and the Iowa Department of Transportation (rum an) • and all causes of ion. suits at law or in equity, or losses, damages, claims, or demands. and from any and all liability and expense of whatsoever nature for, ac[ on ion. sur of, nr due to the acts or ommisslnns of sold t'ermitteels officers, members, agents, representatives, conuaetors, employees or accassigns arising out of or in connection with its lot their) use or occupancy of the public highway under this p°rmit. IS. Non-compliance with any of the terns of the Iowa Department of Transportation Policy. permit, or agreement, may be considered cause for shutdown of utility construction operations or withholding of relocation reimbursement until compliance is assured. or revocation of the permit The cost of any work caused o be performed by the State In removal of noncomplying construction will be assessed against the Permittee. td. A copy of the approved permit shall be available on the job site at all times for examination by Department of Transportation officials. 15. The following special requirements will apply to this permit: APPLICANT: I'' Engineer Northtaestern Bell Telephone Company By Signature ass rill ° Name of Owner 615 3rd Ave S E Cedar Rapids, Iowa 52401 Date APR 10 1978 Address APPROVAL OF CITY OR TOWN (If proposed line is within an Incorporated town or city, the Council of said town or city must grant approval for Installation.) "Tho undersigned city or town joins In the grants embodied In the above permit executed by the Iowa Department of Trans- portation on condition that all of the covenants and undertakings therein running to the Iowa Department of Transportation shall insure to h b/e�/f it/y_�pr the unddee igned city or town. The permit is approved by the below delegated city or town official. // A /,. 1, ,, : _,1 nirprtor of Public Works Date April 12 1278 Title BY THE STATE FOR POLE LINE AND BURIED INSTALLATIONS Dale Realdent Maintenance Engineer APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS Recommended Date Resident hlaintenance Engineer Date District Maintenance Engineer Approved Date Asslstnnt Malnlenance EnClneer _ __ Notice of intention to start construction on the highway right -or -way shall be sent to: Telephone Notice of Intention to start maintenance on the highway right-of-way shall be sod to: Address Telephone Engineer _ 5 copies of this application will be required for all Installations. T• Y!, MICRO( LLMED By JORM MIC R411LA9 fr:Il Q. A.v '. ^r r. .1111'1!'9 i Pj1LROFILMED BY JORM NICROLAB CEDAR RAPIDS AND ULS I•IUINL�, :uvr, \O l RESOLUTION NO. RESOLUTION AWARDING CONTRACT TO O'BRIEN ELECTRICAL CONTRACTORS, INC. FOR CONSTRUCTION OF CITY PLAZA AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO CERTIFY SAID CONTRACT, AND APPROVING PERFORMANCE BOND AND INSURANCE CERTIFICATES i WHEREAS, the bid of O'Brien Electrical Contractors, Inc., of Iowa City, Iowa, in the amount of $1,185,426.77 for the construction of City Plaza (loss Delete Area A and Delete Area B) within the City of Iowa City,/Iowa, be and is hereby accepted, the same being the lowest responsible bid received for said work; and, ( WHEREAS, O'Brien Electrical Contractors, 14, has furnished adequate performance bond and insurance certificates for the construction of the above-named project, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: A. The Mayor and City Clerk are hereby/6irected to execute a contract with the ( said O'Brien Electrical Contractor7, Inc., of Iowa City, Iowa, for the construction of City Plaza, said contract not to be binding on the City until i approved by this Council. I B. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. It was moved by / and seconded by that the Resolution as read be/adopted, and upon roll call there were: AYES: NAYS: Neuhauser Perrot Roberts / Vevera Passed and approved this ATTEST: City Clerk of Y `tf'" 141CROFILMED BY JORM MICR6LA6 CrOAR RANTII ?FS 1101!1[S 1978.. Mayor RECEIVED A APPH6v,-1 M MM LEGAL DEPART14LJ! - V -S -7.P e(71 _ 7y 7 IC Mi0i01ILM D BY JORM 111CROLAB CEDAR RAPIUS ANU UL_, ,'u,i:IL,, UV4' RESOLUTION NO. 78-137 RESOLUTION DIRECTING CITY CLERK TO READVERTISE NOTICE TO BIDDERS, FIXING TIME AND PLACE FOR RECEIPT OF BIDS, AND ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID FOR THE CONSTRUCTION OF THE CITY PLAZA -CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT PROJECT WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project were approved by City Council by Resolution N78-79 on March 7, 1978, and WHEREAS, as recommended by staff, bids received on April 4, 1978, be rejected and readvertised. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $100,000.00 payable to Treasurer, City of Iowa City, Iowa. 3. That bids for the construction of 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 11:00 A.M. on the 28th day of April, 1978. Thereafter, the bids will be opened by the City Engineer, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 2nd day of May, 1978. It was moved by deProsse and seconded by Perret that the Resolution as read e a opted, and upon roll call t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER PERRET x ROBERTS x VEVERA _x _ Passed and approved this 18th day ofAori/l _.%1978• MAYOR ATTEST: �14/ ( /(/ CITY CLERK t41r.RUIL1410 By JORM MICR6LA6 Cf9�li i�4i^n� 1(<, M011rF Received & Approved By The Legal Department 7517 tgILRUFILMEU BY DORM MICROLAB CEDAR RAPIDS AND DLS :IUiNL� RESOLUTION NO. 78-138 RESOLUTION AUTHORIZING AN AMENDMENT TO THE HOUSING REHABILITATION FINANCING HANDBOOK TO INCREASE PROGRAM INCOME ELIGIBILITY FROM 50% OF THE 1977 HUD MEDIAN INCOME FIGURES FOR IOWA CITY, IA., TO 549 OF THE 1978 HUD MEDIAN INCOME FIGURES FOR IOWA CITY, IA., FOR THOSE HOUSING REHABILITATION APPLICANTS WHO ARE OTHERWISE ELIGIBLE FOR PROGRAM GRANTS. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves grants, forgiveable loans, and low-interest loans as methods of financing urban rehabilitation, and WHEREAS, the City Council has approved the above program and methods of financing and has authorized its implementation as outlined in the Rehabilitation Financing Handbook, including amendments, NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA CITY adopt the following income guidelines for grants under the Housing Rehabilitation Program: 1 person $5750.00 2 persons $6555.00 3 persons $7360.00 4 persons $8165.00 5 persons $8855.00 6 persons $9430.00 7 persons $10120.00 8+persons $10810.00 It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse X Erdahl X Neuhauser % Ferret X Roberts X Vevera Passed and approved this 18th day of� April 1978. I./i-GLsL' G1 •/// t'a'rs' MAYOR RECEIVED & APPROVI]D CITY CLERK BY THE, LEG,ti, DEP RT11111T 7118 r `Yf�•~ IIICROFIL1410 BY JORM MICR#LAB rrnnr ung!^r • ,cs tlm•+[� r•11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES I'MNLS, luwh RESOLUTION NO. 78-139 RESOLUTION ESTABLISHING PROCEDURES WITH RESPECT TO CABLE TELEVISION FRANCHISES FOR IOWA CITY WHEREAS, the City Council of Iowa City has received several petitions requesting that proposals be submitted to the voters of Iowa City for granting cable television franchises in Iowa City, and, WHEREAS, the City Clerk has certified that such petitions have the requisite number of signatures as required by State law so as to require a referendum on such petitions and proposals, and, WHEREAS, the granting of a cable television franchise or franchises in Iowa City involves several significant questions of public policy with long term implications for the citizens of Iowa City, and, WHEREAS, the City Council of Iowa City recognizes its legal obligation to submit the proposals petitioned for to the voters of Iowa City at an election and further desires to submit proposals of other interested applicants to the voters for consideration by the citizens of Iowa City, and, WHEREAS, the City Council of Iowa City wishes to establish an orderly procedure which will assure that the requirements of law are met and at the same time that the public interest is served, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following procedures be and they are hereby adopted: 1. The City Attorney shall draft a proposed cable television 74V I MICROFILI4F.D OY ' JORM MIC R+LAB CSpAR MOIIIFS MICROFILMED BY JORM MICROLAB Res. No. 78-139 - 2 CEDAR RAPIDS AND ULS I•IU1hE�, iUwH franchise ordinance setting forth the regulatory requirements of the City of Iowa City for a cable television franchisee or franchisees. This ordinance shall set forth rules and regulations pertaining to performance, use, administration, rates and other matters involving the operation of cable television in the public interest. It is expected that a draft of the proposed ordinance shall be submitted to the City Council on or before July 15, 1978. 2. Upon receipt of such draft, the City Council shall set the proposed ordinance for public hearing. After such hearing, the proposed 4 ordinance shall be voted upon by the Council. ` 3. The City Manager shall prepare a draft request for proposals from interested applicants. This request for proposals shall be an invitation to all cable television companies interested in an Iowa City franchise to submit formal applications to the City of Iowa City. These applications shall be on forms provided by the City as developed by the City Manager and City staff in consultation with the City's cable television consultant and shall contain among other matters such items as the scope of services proposed, information concerning technical expertise, financial ability, rate structures and past experience in other communities. All prospective applicants shall be advised that they will be expected to comply with the provisions of the proposed cable television regulatory ordinance described in Paragraph 1 above. MICROFILMED BY ;] : JORM MICR+LAB CUAR RANOS 1?ES b10ItIE` hI!LROFIL,KO BY JORM MICROLAB Res. No. 78-139 CEDAR RAPIDS AND UES MUIML;, IUWm -3- 4. The City Manager shall present the draft request for proposals to the City Council which shall then conduct a public hearing on the draft. After the public hearing, the City Council shall direct the City Manager and City Attorney to solicit proposals in response to the request as approved. The request for proposals shall be publicly distributed and advertisements shall be made in national cable television trade magazines and otherwise so that any companies, firms or organizations interested in providing cable television to Iowa City will become aware of the request for proposals. 5. Upon receipt of the proposals requested the City staff, City Council, and the consultant if requested by the Council, shall analyze and study the proposals, set the same for public hearing, and thereafter shall submit the proposals meeting the requirements of the solicitation along with any proposals for which a referendum is required by petition, to the voters of Iowa City at a referendum to be conducted as required by law. The City Council shall make recommendations to the voters of Iowa City concerning the applicant or applicants deemed most acceptable to the City Council. G. The City Council shall take steps to call a referendum on cable television franchise proposals to be held on November 21, 1978. 7. The City Council may, by separate resolution, establish and I 14KROFILRED BY I JORM MICR+LAE CFDM RN'In6 • PES b101?lFS f•1ICROFILMED BY JORM 111CROLAB Res. No. 78-139 • CEDAR RAPIDS AND DES MUINL`„ iuvin -4- appoint an advisory committee to advise it on cable television matters. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x i Erdahl x Neuhauser x Perrot x Roberts x � I Vevera x Passed and approved this 18th day of April 1978, Mayor a ATTEST: City Clerk RECEIVED & APPROVED BY .TBE LEGAL DEPARTMENT 2' , ClA/J�Vvy X— �'�� MICROFILMED BY t JORM MICR+LAB CEDAR P.APID5 • nF,5 MOVIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, IUV"� -Res. No. 78-139 - 4 - appoint an advisory committee to advise it on cable television matters. It was moved by Neuhauser and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x i i Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of April 1978. I Mayor ATTEST: alltll., City Clerk RECEIVED & APPROVED BY TBE LEGAL DEPARTMENT 141CROFIL14ED BY JORM MICR+LAB f.FDAR RAPIDS - OES MOVIES 1 f•11LkUFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES AUINLj, lue 7/- APPLICANTS FOR CABLE TV 1. Cox Cable Communications, Inc. (Eastern Iowa Cablevision, Inc.) Suite 300 !1 u 53 Perimeter Center East jo0a� yE° � X071, Co4+Nae,, ac Atlanta, Georgia 30346 Henry Harris, President John Murray and Tom Dowden, Representatives 2. Hawkeye Cable Vision Corp. KXIC Building I-80 & N. Dubuque St. P. 0. Box 2388 Iowa City, Iowa 52240 Elliott Full, Vice President 3. Iowa City Cable Television, Inc. 120, East Washington St. Iowa City, Iowa 52240 M. N, Braverman, President (Johnson Co. Broadcasting Corp.) 4. Tee Vee Cable. Service, Inc. (Brad & Bob's Tee Vee Sales & Service) 1024 Gilbert Court Iowa City, Iowa 52240 Bob Dautremont, President 5. Cablecom-General, Inc. 8800 East Arapahoe Road Box 1818 Englewood, Colorado 80150 Paul P. Alden, Director of Marketing 6. Century Communications Corporation 51 Locust Ave. New Canaan, Connecticut 06840 Otto A. Ohland, Vice Pres. 7 MICROFILM BY >� i JORM MIGROLAB ffflAP. P;1PI"' 9fS'101NF6 IIICROFILi4ED BY JORM MICROLAB Applicants for Cable TV Page 2 • CEDAR RAPIDS AND UES HUINLS, W�1 7. Liberty Communications, Inc. 1035 IV. 25th St. Norfolk, VA 23517 Rex A. Bradley, Director n I� a✓llr Tl.vG..lHL . ,: 3� G 77iq/#" �i ewe oj,, Vii, F1 9�ozd �, .•�� • 141CROFILMED BY JORM MICR+LAO CEDAR BN`DS • DES '401415 I