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HomeMy WebLinkAbout1989-03-09 Agenda'Lmvnw�.a AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL MEETING — MARCH 9, 1989 8:00 A.M. Council Chambers Item No. 1 - CALL TO ORDER. ROLL CALL. Item No. 2 - CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CORALVILLE/IOWA CITY ANIMAL SHELTER, ESTABLISHING AMOUNT OF #PJi 512:5 BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO _ PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M., MARCH 28, 1989, IN THE CITY MANAGER'S CONFERENCE ROOM. Comment: This project involves a 3,000 square foot addition to the existing Iowa City Animal Shelter at Kirkwood Avenue and Clinton Street, and limited remodeling to the existing facility. Also included is a ten -car parking lot and a 30' x 73' fenced outdoor kennel and dog run. The archi- tect's estimated cost is $294,200.00. I Action: it Item No. - ENI. i 4L11*0 u � ''6410 :At3 RESOLUTION NO. q-5 5,1 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT A -T PERMANENT SIDEWALK EASEMENT, IN LIEU OF WARRANTY DEED, FOR A STRIP OF PROPERTY ALONG BENTON STREET ADJACENT TO THE AMOCO SERVICE STATION AT 801 RIVERSIDE DRIVE, AND AUTHORIZING THE NEGOTIATION AND EXECUTION OF AN AGREEMENT FOR USE OF RIGHT-OF-WAY FOR AN UNDERGROUND GASOLINE STORAGE TANK FOR SAID SERVICE STATION, ALL IN CONJUNCTION WITH THE BENTON STREET INTERCEPTOR PROJECT. (PARCEL NO. BSI.01) &"4'0 "mo ITEM n3 Discussion Timm/ If you need an explaination, what happened is that back in December we offered to purchase, first of all a 5 foot stripso that we could move the sidewalk back in conjunction with the Benton Street Interceptor Project and widen that approach to Benton Street out. In discussions between AMOCO engineers and our engineers it was determined that this might interfer with their tanks so we decided to only go with a 3 foot strip and we send them an offer to purchase a three foot strip, actually the owner of the station is Florence Morrow, owner of the property, and we sent a quit claim deed to AMOCO because they're the leasee. Well, as I reported to you a couple of weeks ago we're waiting for that quit claim deed and we kept waiting and waiting and waiting and finally we about a week ago I decided to get into the act and I called out and they were still concerned about the location of the tank and we finally got them to investigate with somebody from Des Moines that they employ and determine that the tank is within the 3 foot strip that we want to acquire for sidewalk and may in fact stick out into the right of way. So what it amounts to is that we're going to instead of acquiring that strip in fee title and becoming the owner and the owner of a piece of their tank, we're simply going to acquire a permanent sidewalk easement at that location. One thing you don't want to do is acquire land on which there is a underground storage tank. So if it's determined that the tank actually sticks out into Benton Street we will make them execute or require them to execute an agreement for use of street right-of-way. Much the same as we did for Capitol View Apartments for the electric transformer and they have to agree to maintain properly and indemnify-us and hold us harmless and insure that use. Kubby/ Do they also have to move it at any time that we chose? Timm/ We'll try and get that into the agreement. I'm sure there will be some battering back and forth on that point. Certainly if the tank ever needs to be replaced we will insist that it be moved back from the right-of-way. Kubby/ How deep is it? Timm/ I'm really not sure. It's my impression that it goes down 4, 5, Or 6 feet before we actually get to the tank. Kubby/ Is that going to interfer with construction or...? Timm/ It shouldn't interfer.. All we're'really doing in the vicinity of the tank is moving the sidewalk back. That property is now occupied by service station, driveway and lot and that kind of thing. It was determined fairly early on that moving that sidewalk back wouldn't interfer with the operation of the station. They've got plenty of space. Horo/ And we are responsible for maintaining the sidewalk or they are? Timm/ Well, it will be a standard city sidewalk and the property 'owner is responsible in the first instance for removing the natural accumulation of snow and ice. However, at that location along Benton Street the sidewalks are fairly close to the street and so when the graders go by they throw snow on those portions of sidewalk and there's a recent Iowa, I think Iowa, Supreme Court case that says when that occurs those accumulations are unnatural accumulations and the City is responsible for those. One reason I was a little concerned the other night when I heard the plans for the walkway along Riverside Drive but in that instance the University has agreed to maintain that walkway. In the Benton Street instance with those sidewalks that close I think they are going to be ours. Item N3 Discussion (page 2) Horo/ But there is no way that the City can be held in terms of state mandates about maintance of tanks on this property? It's strictly we are renting... Timm/ Not maintance of the tanks and if they leak and so forth. Now if our contractor causes the problem with the tanks now he'll have to take care of that. Horo/ Written in his contract? Timm/ It's written in his contract and it's written in our standard form easement that if we do any damage to property Horo/ That is not our own. Timm/ Now there's also the issue this Benton Street sewer goes right between two service stations. Don't be surprised if we're required to remove some soil out there in that street for contamination. I don't believe that's going to be the case but with two service stations that old you just never know. It could happen. So that end of the project could get a little expensive if they run into contamination soil. Horo/ Now wait a minute. If they do though, it is our responsibility or there's to put non -contaminated soil back. Timm/ Soils in our street we will pay to have it taken up and replaced. Horo/ Even though it was contaminated with the tanks from either side's problem? i Timm/ If you can proof that, which tanks, and when and so forth. i Horo/ Well, put a tracer in the tank and see where... I i Timm/ Perhaps. Horo/ No, I don't take this perhaps, Terry.- I really want to know this. Cause it seems to me that there are ways now for checking it. Timm/ I'm sure if we run into the problem we'll investigate it and try and determine. It's not a very exact science. McD/ We're just not going to automatically pay until we.. Timm/ We'll pay to get the soil removed I mean because we'll have Benton Street thrown up we won't have much choice. But if we can prove in an instance like that where the contamination came from we would certainly pursue it. Horo/ Is it out of the realm for us to request both service stations to put a trace in their tanks before we start removing the soil so that we can see when we get to that point? j Timm/ I'll take it up with our engineers. i Kubby/ Doesn't hurt to ask, cause if they'll do it voluntarily. Horo/ That's right and it would be better to proof it before the fact than after the fact. Kubby/ Yea. So who will own, I'm getting back to the sidewalk, who will own the sidewalk. Item 743 Discussion (page 3) Timm/ The title will still be in Florence Morrow and the lease to AMOCO. Kubby/ So we're going to pay $3100 vs $150 to get a permanent easement? Timm/ $3100 is the same, I talked to our appraiser, for the permanent sidewalk easement or for fee title for a sidewalk. Same consideration. The $150 is for a temporary construction easement that goes a little further into the station lot. Kubby/ So we'll be paying both? Timm/ Yes...... For the record. Our contractor is slated to begin work next week. We found out about this on very short notice that's why this was put on your agenda with less than full 24 hour notice. We just didn't have another opportunity to address this before the contractor starts work and we're trying to get all the rights purchased and not have to delay the contractor's work on any part of the project. Horo/ Do we violate any information law, Marian? Timm/ Well, without a valid reason for putting this on the agenda with less than 24 hour notice it would be contrary to the open records or open meetings law. But with a valid reason such as this, this is an emergency situation because we have a construction contract set to begin in a week. Horo/ Okay. McD/ Roll call.