The URL can be used to link to this page

Home My WebLink About1989-06-27 ResolutionRESOLUTION NO. 89-159 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IO{VA 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: Fraternal Order of Eagles Iowa City Aerie #695 Vito's of Iowa City, Inc. It was moved by Ambrisco and seconded by Balmer that the Resolution as rea e a opte ,and upon roll call Mere -were rei AYES: NAYS: ABSENT: Passed and approved this 27th day of June , 19 89 . u I i I RESOLUTION INO. 89-160 RESOLUTION TO ISSUE CIGARETTE PERMITS **REAS, the following firm and persons have made application .and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY UE CITY COUNCIL OF IOIVA CITY, IOIVA, 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: See Attached List It was moved by Ambrisco and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATribrisco x Balmer x Courtney x F Horowitz x Kubby x Larson x McDonald x Passed and approved this 27th day of June 19 89 1989 1990 CIGARETTE PERMITS PRINTED: 01-MAY-B9 PAGE: 1 DOING BUSINESS AS LICENSE # STICYR� PURPOSE _6:20 85 00104 4+,9S STICKER #43G6 /. AIRLINES, THE Be 00009 :A 41107 STICKER #426? AM-PM MINI MART 65 00041 STICKER #4270 T AMELON<S SERVICES, INC, e5 00043 Itiog STICKER #4271 ,e i A .AMERICAN LEGION. ROY L. CHOPEK; POST #17 96 00025 1 `��•�`I _ STICKER #4272 x e. P. ELKS 0590 85 00033 s yala._ f STICKER #4302' BILLARO'S BAR 87 00022��--. i. STICKER #4273 L r► SILLY'S 'to- 00019 -----` I, STICKER 14274 II 60-JAMES 85 00074 q;-t)_ STICKER. #4275 BOB''BRL'S STANDARD - OL& C'' t�fSS 85 00119 II -' STICKER #4276 BROWN BOTTLE, THE 87 00001 STICKER, #4277 f SURGE HALL - RESIDENCE SERVICES 85 00132 F I X STICKER #4383 ^ n MART :E-58 87 00018 X STICKER #4348 X C MART #59 87 00020 STICKER #4349 I(. CAMPUS STANDARD SERVICE 85 00021 a\\._ STICKER 44275 `3oc X CARLOS O'KELLEY'S 87 00015 4f STICKER #4279 CENTRAL PHARMACY CENTER, 85 00079 STICKER #4280 //D N 0 I CIGARETTE PERMITS PRINTED: 01 -MAY -89 DELIMART #2 STICKER *4289 DENNY'S RESTAURANT AT HOWARD JOHNSON MOTEL STICKER #4290 DONUTLAND LICENSE # -,'f I CKF 89 00002 se 00008 4 al-- 89 00002 PAGE: 2 85 00003 DOING BUSINESS AS 87 00014 �IJRPQSE 85 00013 CHEERS S, MISOUE NEW 00077 CHONG'S SUPERMARKET es STICKER Y4281 COLLEGE ; 5E ST. CLUB eG 00022 i P-5 COLONIAL LANES STICKER #42e2 00092 COMER'S e7 00012 STICKER *4283 e7 X COUNTRY KITCHEN es 00001 STICKER 04284 DAN'S MUSTANG MARKET STICKER #4285 DAN'S SHORT STOP CORPORATION STICKER. 428, DAVE'S FOXHEAD TAVERN STICKER #4306 DEADWOOD STICKER *4287 DELIMART STICKER *428e DELIMART #2 STICKER *4289 DENNY'S RESTAURANT AT HOWARD JOHNSON MOTEL STICKER #4290 DONUTLAND LICENSE # -,'f I CKF 89 00002 se 00008 4 al-- 89 00002 85 00003 It 87 00014 85 00013 RS 00077 es 00001 eG 00022 i P-5 00022. 85 00092 e7 00012 e7 00018 es 00001 es 00009 86 00007 It 95 00012 85 00013 a,- PP.111i'�EKTU1 BFkay136 �E; 3 DOING BUSINESS AS PURPOSE EAGLE FOOD CENTER #157 STICKER #4297 i EAGLE FOOD CENTER #220 STICKER #4293 t EAST -WEST ORIENTAL FOODS STICKER #4299 y, ECONOFOODS #473 STICKER #4300 F EXPRESSTOP STICKER #4303 iC FAMOUS DILLBURGER STICKER #4304 FIELD HOUSE, THE STICKER #4301 FITZPATRICK'S ALEHOUSE, INC. STICKER. #4305 II FRATERNAL ORDER OF EAGLES, I.C. AERIE #695 i STICKER #4296 CABE'S STICKER #4307 i — GALLERY BAR S: RESTAURANT. THE pu,r CCr ut;% _ss NEW j y( GAS CO. INN, THE STICKER #4308 X GEORGE'S BUFFET STICKER, #4309 GIVANNI'S - leo lon9es ccAlon0 STICKER #4310 % GOLDEN OLDIES vJci�k iil,ih0.V��C. ftR�USCIrC(�� L NEW �( GRINGO'S STICKER #4311 HARRIS DISCOUNT STICKER #4312 i Irrpl�E " .S7JQK�= _ 05 CIC -004 tt 11S 95 00005 95 00112 97 00010 ial7 Be 000003 Be 00006 85 00073ya(aD I e5 00054 it S5 00030�,1�(n 85 00148 S9 00008 87 00002 85 00017 eG 00o05 ---- 8g 00001 neu)_�49D L _ BS 00139�i� 85 00032 CIGARETTE PERMITS PRINTED: 01 -MAY -89 PAGE: 4 DOING BUSINESS AS PURPOSE HIGHLAND AVENUE DX STICKER #4313 Out CFR Diljl(� <5 /C HIGHLANDER !NN & SUPPER CLUB, THE HILLTOP DX STICKER #4315 j I( HILLTOP LOUNGE, THE STICKER #4316 y, HOLIDAY INN -IOWA CITY y STICKER #4317 HUNGRY. HOBO IOWA OIL COMPANY QL} of �US�t�CSS STICKER #4322 y JO. CO. JAIL COMMISSARY STICKER. #4324 j JOE'S PLACE STICKER #4325 JOHN'S GROCERY, INC. STICKER #4326 K -MART STICKER #4327 I, KIRKWOOD 76 STICKER #4328 KITTY HAWK, THE STICKER 44329 -i CENSE # 25 00069 S9 ':0009 85 00125 96 00012 86 00011 8500146 85 00009 85 00010 85 00011 S9 00011 86 00031 85 00035 8s 00118 as 00054 95 00140 85 00135 85 00097 .5±lv v,FR U F611 MTT�1 STICKER. #4339 MIKES TAP NEW + MILL RESTAURANT, THE STICKER #4340 85 00024 -Aya,3a 85 00025 a33 89 00010 fa�J�l 89 85 00045 i . as 00027 j 8700005 85 00044 86 .II 85 00032 85 00099 # 4?97 88 00005yd9ci e5 00064�Ss -T- 89 00004 pati$ 85 00065 3��O�L__--.- MOTT'S DRUG STORE 85 00051 Ho�� STICKER #4341 y, MUMM'S SALOON & EATERY 85 00062 '•I,�(Q(p STICKER #4342 ��o� LICENSE # STICKE'P 89 00005�Ia`i7 85.00116 7'j0 CIGARETTE PERMITS 00053 PRINTED: 01 -MAY -89 e5 PAGE: 6 A y alis � DOING BUSINESS AS 00048 PURPOSE 85 i X MY SISTERS' PLACE 85 NEW 85 OSCO DRUG STORE A gZLp°i I 85 STICKER. #4343 85 K OWENS'BRUSH CO. _ STICKER #4344 `<< PAUL'S HARDWARE STICKER #4381 r PEARSON'S DRUG STORE STICKER #43x5 c PEOPLES DRUG #5276 STICKER #4346 PEOPLES DRUG #5281 - STICKER #4347 V PLAMOR BOWLING, INC. STICKER #4350 i OUADRANGLE - RESIDENCE SERVICES STICKER#4384 r, QUIK TRIP #503 STICKER #4351 .; QUIK TRIP #509 STICKER #4352 QUIK TRIP 4552 STICKER 44255 y QUIKTRIP #539 STICKER #4353 1 X.OUIKTRIP #548 STICKER #4354 K R.T.'S STICKER #4356 y RANDALL FOODS STICKER #4357 REVCO DISCOUNT DRUG CENTER STICKER #4358 LICENSE # STICKE'P 89 00005�Ia`i7 85.00116 7'j0 85 00053 ir`f3�9 e5 00100 A y alis � 85 00048 85 00007`fa7i 85 00006 85 00063 A gZLp°i I 85 00131'{�I$ 85 00018�Ia�10 _ 85 00019 '#`iaLkl 85 00022 .±-tL44 Bs 0002o #aay�l 85 00021 �ay3 85 00096 a�7 85 00034 dj rj 85 00128 11laL& LICEIdS_ $ STiCKt-... oS nn137 CIGARETT&j fRy4-a a` 00102 PRINTED° 85 PAGE: 7 I # '5 J ' DOING BUSINESS AS �F`F3aD I •> 85 PURPOSE i as i. PUSS' AMOCO SERVICE a5 STICKER. #4359 97 A SANCTUARY RESTAURANT, THE ft 4X7 i as STICKER #4360 i 85 t SEATON'S CASH & CARRY MARKET a5 STICKER #4361 �IaSD 85 SHELLER. GLOBE 88 11c, STICKER #4363 SINCLAIR RETAIL STATION & CONVENIENCE STORE STICKER 04365 711 S. A-W-stdt �A SINCLAIR SERVICE STATION & CONVENIENCE STORE STICKER #4364 ' ACT Cycle, /'.SPORTS COLUMN CORP. STICKER #4367 X SUPER SPIRITS SHOP STICKER #4382 A. IT&M MINI MART STICKER #4368 X THIRD COAST I. STICKER #4369 TOWNCREST DX SERVICE -STICKER #4370 TUCK'S PLACE STICKER #4371 i V.C.'S LOUNGE, LTD. _ STICKER #4372 V.F.W., LE ROY E. WEEKES POST #3949 STICKER #4373 •/ VILLAGE INN STICKER #4374 K VINE TAVERN, THE STICKER #4375 VITO'.S NEW i I I LICEIdS_ $ STiCKt-... oS nn137 a` 00102 dq I i 85 00036 I # '5 00052 �F`F3aD I •> 85 00126(��_ as 00127 a5 00105 97 00021 ft 4X7 i as 00086 i 85 00147 a5 00049 �IaSD 85 00042_ 88 00002 85 00107 aqD P-5 00109`�(o 89 00022 I-ICEMSE # 85 001±4 85 00029 85 CIGARETTE PERMITS 85 00083 89 PRINTED: 01 -MAY -89 85 00047 PAGE: 9 DOING BUSINESS AS j PURPOSE VITOSH STANDARD STICKER #4377 / WALGREENS STICKER #4385 �( WARECO STICKER #4378 �. ,. WATT'S FOOD MARKET STICKER #4379 s WIG AND PEN. THE NEW YEN CHING RESTAURANT X STICKER#4380 I. GaAer, o\dl es C44`e '�lccAco - d ye- At;-\uSec, &,N� ,S Siise.. s I-ICEMSE # 85 001±4 85 00029 85 0001E 85 00083 89 00007 85 00047 L�iJa90•,1. .�p�� 4D • 3 I ■ iv'1�. RESOLUTION NO. 89-161 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR AERO RENTAL, 227 KIRKWOOD AVENUE. WHEREAS, the owner, Lloyd & Ruth Baumgartner, has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary and final Large Scale Non -Residential Development Plan for Aero Rental; and WHEREAS, said Large Scale Non -Residential Development is for the construction of an equipment storage and maintenance building as permitted in the CI -1 zone; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due delibera- tion the Commission has recommended that it be accepted and approved, subject to certain public utility easements being granted the City in order to protect the public interest; and WHEREAS, the preliminary and final Large Scale Non -Residential Development Plan is found to conform with all of the pertinent 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: 1. That the preliminary and final Large Scale Non -Residential Development Plan for Aero Rental is hereby approved, subject to approval by the Legal Department of certain utility easem&nt agreements between Aero Rental and the City. 2. That the City Clerk is hereby authorized and directed to certify the approval of this resolution and Plan, after passage and approval by law; and the owner shall record said Plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved byBa ,lmer and seconded by Ambrisco the Resolution be adopte an upon ra call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald G Resolution No. 89-161 Page 2 Passed and approved this 27th ATTEST: CITY CLERK day of Jtme $ 1989. L4"x k�aa� YOR Approved as to Form Le al Department iv -.7a -" i 3� City of Iowa City MEMORANDUM Date: June 15, 1989 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: S-8903. Aero Rental. A revised preliminary and Mal LSNRD plan for Aero Rental has been submitted and is attached for the Commission's review. The Commission deferred consideration of the LSNRD plan on June 1, 1989, in order for the applicant to resolve five (5) deficiencies and discrepancies noted in the April 20, 1989, staff report. The revised plan dated June 15, 1989, resolves the deficiencies noted in the staff report. The revised LSNRD plan includes three principal changes from the original submittal. First, the number of additional parking spaces provided has been reduced from 22 to 17 spaces; 13 additional parking spaces are required. The five parallel parking spaces proposed adjacent to the fence enclosed storage area south of the existing building have been eliminated. Second, the plan has been revised to show all proposed right-of-way trees as being located on Aero Rental's property in accordance with the Tree Regulations. The proposed tree locations and spacing are in conformance with the regulations except for three trees located north of the fence enclosed storage area on Kirkwood Avenue. These trees do not conform to the 30 -foot spacing requirement for large trees and will necessitate dropping one tree or replacing them with three small trees. Finally, the plan has been revised to reflect the partial vacation of First Street right-of-way as proposed by staff in a City -initiated application (V-8904). All of First Street, west of Gilbert Street, would be vacated and disposed of to Aero Rental except for the south 51 feet of the east 120 feet which would be retained as a public street for access to the ]DOT office at the southwest corner of Gilbert and First streets. The proposed vacation would reduce Aero's frontage on public right-of-way by 240 feet which would reduce the required number of right- of-way trees from 16 to 12. The proposed vacation includes the north nine (9) feet of the east 120 feet of First Street and would permit the placement of right-of-way trees within existing curbed planting Islands located within the First Street right-of-way. Upon vacation and conveyance of First Street, the applicant will request a minor amendment, subject to administrative review and approval, reducing the required number of right-of-way trees and placing some of the trees within the existing planting areas on First Street. Staff recommends the preliminary and final LSNRD plan for Aero Rental be approved subject to resolution of the tree spacing requirement for the right-of-way trees located adjacent to Kirkwood Avenue. Enc. bj/pc2 9 City of Iowa City MEMORANDUM Date: June 1, 1989 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: S-8903. Aero Rental. As noted in the June 1, 1989, staff report, six (6) of the required right-of-way trees are shown on the preliminary LSNR D plan as being within the First Street right-of-way which is not permitted by the Zoning Ordinance. Given the limited use of First Street west of Gilbert Street, staff discussed the possibility of vacating a portion of the right-of-way and disposing of it to Aero Rental in exchange for sanitary sewer easements they would provide to the City. Vacating the right-of-way would reduce the site's frontage on public right-of-way and thereby reduce the number of right-of-way trees required, and would allow the six (6) trees to remain as presently shown on the plan without having to remove sections of paving on-site to establish suitable planting areas. First Street serves to provide access to Aero Rental, the office of the Resident Maintenance Engineer for IDOT, and provides a gate opening for Nagle Lumber to the south. At the request of the Commission, staff communicated with Nagle Lumber to see if they would have any interest in the vacation and acquisition of a portion of First Street right-of-way. Mr. Loren Hershberger, President of Nagle Lumber, is out of town on vacation and unavailable for comment. Unless the plan is revised to show full compliance with the current regulations, staff recommends the plan be deferred to the June 15 meeting to resolve the possibilities for vacating the First Street right-of-way. bj/pc2 STAFF REPORT TO: Planning & Zoning Commission Prepared by: Barry Beagle I'A Date: April 20, 1989 GENERAL INFORMATION: Applicant: Lloyd Baumgartner c/o Aero Rental 227 Kirkwood Avenue Iowa City, Iowa 52240 STAFF REPORT TO: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8903. Aero Rental. Date: April 20, 1989 GENERAL INFORMATION: Applicant: Lloyd Baumgartner c/o Aero Rental 227 Kirkwood Avenue Iowa City, Iowa 52240 Phone: 338-9711 Requested action: Preliminary and final Large Scale Non - Residential Development (LSNRD) plan approval. Purpose:ij To construct a storage building. Location: At the southwest corner of the Kirkwood Avenue and Gilbert Street Intersection. Site size: Approximately 2.45 acres. Comprehensive Plan: Commercial, Intensive. Existing land use and zoning: Commercial; CI -1. Surrounding land use and zoning: North- Commercial; CH & CC -2. South- Commercial; CH. East- Commercial; CH & CC -2. West- City Disposal Plant and Animal Shelter; P. Applicable regulations: Provisions of the Zoning Ordinance and Large Scale Non -Residential Development Regulations. File date: March 29, 1989. 45 -day limitation period: June 1, 1989, SPECIAL INFORMATION: Public utilities: City water and sewer service are available. ■ 1 -2- Public services: Transportation: Physical characteristics: BACKGROUND: Police and fire protection are available. Sanitation service would be provided by a private hauler. The site is accessible from existing drive entrances on Kirkwood Avenue and First Street. The site is also situated on Lakeside and Sycamore transit routes. The site is relatively flat with a portion of the western boundary located within the Ralston Creek 100 -year floodplain. The applicant seeks approval of a preliminary and final LSNRD plan to permit construction of ir foot equipment ro Rental, 227 Kirkwood eAven e. In the sattachednstatement of intd maintenance ent Januaryinat the siteo17,e1989, the applicant indicates that the metal and concrete storage building will be used to store and service equipment in an effort to make their operation more presentable. The applicant hopes to begin construction yet this summer. As a development over two (2) acres in size, construction of the proposed storage building requires compliance with the LSNRD regulations. ANALYSIS: Equipment rental agencies such as Aero Rental are a permitted use in the CI -1, Intensive Commercial Zone. The proposed building location is in compliance with the dimensional requirements of the CH zone. Section 36-58(b)(2) of the Zoning Ordinance indicates that when a use existing prior to the effective date of this Ordinance is enlarged to the extent of less than 50% in floor area, the addition or enlargement shall comply with the parking requirements. The proposed storage building increases the total floor area by 45%. At a ratio of one space per 550 square feet of interior and exterior storage area for rental supplies and equipment, an additional 13 parking spaces are required; 22 additional spaces are provided, Based upon the square footage of the existing building and fenced equipment storage areas, a total of 83 parking spaces are needed. The reduction of the existing fenced equipment storage area north of the proposed building to accommodate 17 employee parking spaces reduces the amount of required parking based upon existing uses to 74 parking spaces. The LSNRD plan shows 63 spaces existing. The existing use is in non-compliance with the parking regulations, however, since the proposed enlargement does not Increase the total floor plan area by more than 50%, only the enlargement must comply with the parking requirements. With the existing 63 spaces and the proposed 22 spaces, a total of 85 parking spaces will be provided on-site, The provisions of the right-of-way and parking area tree requirements apply to this development. Since the proposed building Increases the total floor area by more than 10%, Section 36.73(a)(1)b. of the Zoning Ordinance requires the site to be brought into compliance 1 -3- with the right-of-way tree requirements. With 994.97 feet of frontage on Kirkwood Avenue, Gilbert Street and First Street, Section 36-73(a)(2)a. requires 17 trees be located adjacent to the street right-of-way. The LSNRD plan identifies 20 right-of-way trees, 6 of which are located within the First Street right-of-way. The Tree Regulations require the trees to be planted adjacent to street right-of-way; however, if any provision of this chapter would preclude the planting of trees adjacent to the right-of-way, Section 36-73(a)(1)c of the Tree Regulations provides that those trees which cannot be planted adjacent to the right-of-way, shall be planted within the right-of-way provided a tree planting permit is obtalned from the City Forester. The development of the property would not preclude the planting of right-of-way trees adjacent to the right-of-way and therefore they must be placed on-site. Eight (8) of the 20 proposed right-of-way trees are existing pyramidal arborvitae located at the intersection of Gilbert Street and First Street. These existing trees do not conform to the minimum tree spacing requirements of Section 36-73(a)(2)d. of the Tree Regulations. Since large trees are required to be spaced no closer than 30 feet apart, only two (2) of the eight (8) trees can satisfy this requirement and will be counted toward the required number of right- of-way trees. If an existing parking area which provides more than 18 parking spaces is increased in area, Section 36-73(b)(1)b.2. of the Zoning Ordinance requires the additional parking spaces comply with the parking area tree requirements. The trees shown on the plan approach full compliance, however, one additional tree Is required to cover the parallel parking spaces. No additional provision for stormwater management must be reflected on the plans. The amount of Impermeable surface of the site will not increase as a result of the building expansion; consequently surface water runoff will not increase. Economic Impact; Based upon present improvements, Aero Rental has an assessed value of $451,960 including land and structures which will generate approximately $5,266 in property tax this year. The proposed building will be constructed at an approximate cost of $60,000 which will generate an additional $702 in annual tax revenue. There are no direct public costs to the City associated with the proposed construction. Indirect costs such as street maintenance and repair, water and sewer service, etc., will be realized, but will not diminish the City's ability to provide service to this area. STAFF RECOMMENDATION: Staff recommends that the proposed preliminary and final LSNRD plan for Aero Rental be deferred, but, upon resolution of the deficiencies and discrepancies listed below, that the plan be approved. DEFICIENCIES AND DISCREPANCIES: 1. Relabel "Existing and Development Site Plan." 2. Provide one additional parking area tree for five proposed parallel parking spaces. 3. Relocate right-of-way trees on-site. ■ 1 i i .4- I 4. Provide the required number of right-of-way trees, 5. Verity base flood elevation. ATTACHMENTS: 1. Location Map. 2. January 17, 1989, Statement of Intent. ACCOMPANIMENTS: 1. Preliminary & Final LSNRD Plan - Aero Rental. I' I :Z� Approved by. �I onald 8chmeiser, Director Department of Planning & Program Development I 1 6 E Y LOCATION MAP iAero Rental, 227 Kirkwood Ave - S -8903 �1 .49nTal Inc. Your supermarket of Rental Values 2Kirkwood Avenue n Iowa City, Iowa (319)338 . 597112240 'tJI January 17, 1989 JAN 10 1989 Gentle People: MARIAN K. KARR CITY CLERK (1) i Lloyd and Ruth Baumgartner, owners of the old Hy Vee property on Kirkwood ave and Gilbert st, request the City Manager, City Council, and Planning and Zoning Commission; review our request to construct a 60x125 ft. metal and concrete storage building on lot 6 and a portion of the old rail road property adjacent to Ralston Creek. We had submitted the proposed building plans, along with a site plan to the City of Iowa City building department ea P-ly last fall for preliminary approval. We appeared to have net all zoning requirements, and haven't violated any ordinances or easements. We have no objectors, and have ample parking and access to the property. The building was proposed for completion in Dec. of 1988. Things were moving along fine, until that cold fall day when Mr. Frantz from the City Building department called and said we were located on 2 acres so we would have to submit to Planning and Zoning. Our dreams and expectations were frozen like the winter ground, because we could not get our request to P S before Jan. 19th. We have sold our cement plant, and the storage building is the next phase in tidying up our operation. It will clean up our facillities, and give us a more professional image. Ile will be able to store and service our equipment, and give our customers better service. We have room for a row of pine trees along Ralston Creek, perhaps the trees and the building will mask some of the smell from the over-worked sewage plant across the creek. We would ask the City Manager, City Council, and Planning and Zoning Commission to look favorably on our request, and that it be warmly received, so when the sun warns the earth in the spring we may build. Si)ncer �+'e t�'l�.ncrl!/o lLc� Ll�d Baumgartner N d V 1 ^^n UO o r Y W CJ G U c== .::C H 11 rl Irl- II �rfi� i,l t�I;, I. __ ILI I , I r I I'i ' I,,; �� I f '.. 1- I .; ,' I I' ' I I L; , I. r � I .. I ' '• i I�; I I I _i ._ l i LU LU I _ ti, I' ; i i 11 I I: LC "t I I i - i- I I � I, I- I -I l I I I ; t, i t _ = r -1 I -r' -�-=1 I I! �_ I i I- i -a I I i I.' . �_� ; , Ff_, i I} I 1 �IIITI ,_i � `•,. •�. rJ-�---- -_; ��,..I II I ,�1 �..I I, II �,i ,I) � 1 I;I - F i II_1 ( I 1 ''... �� __:1:'-..1._�--��J. k�f l�l-.I:�_ + I _I:;: �- -�.�11 I. tl �I !.I ►I -,�11 �; 11- 1 �1-I:_� 1� . I_ Fr '� -107177 ;_q=I_r LI_i-rl_I,I t I-t-11alI._I I !'1 I . . L th� r I ; 2S s-� Z1�. _-I--I- Z'S. 11. i Zr ..I 2s�.•.' 1 (:i 1 ' I I , 1-1-=r_��fi� i;a i ��.i� -- I- - - -- -__I-L.♦-I-I-I-t-I-1`hl-i'I:I'f��c!Ui'i I I , ; h.:.; I f-I'1-1-I-�I .i • 1 i r•Li.l.l_f I ' � I-11'1-�-1 _�_.I_�..I.I_� .: I I RESOLUTION NO. A RESOLUTION AUTHORIZING SALE AND CONVEYANCE TO JACK MOYERS ET AL. OF THE VACATED RIGHT-OF-WAY OF LOOS STREET, BETWEEN ROCKY SHORE DRIVE AND BLACK SPRINGS CIRCLE. WHEREAS, the City Council did, pursuant to Ordinance No. 88-3398, passed and approved the 13th day of December, 1988, vacate the 50 -foot right-of-way of Loos Street as platted in Chautagua Heights Subdivision and recorded in Plat Book 1, Page 148; and WHEREAS, the City Council did, pursuant to Resolution No. 89-128, adopted and approved on the 13th day of June, 1989, declare its intent and proposal to dispose of the said Loos Street right-of-way to Jack Moyers, Carl Strub, Jr., Roger Giller, Richard DeGowin and Gene Claussen, did authorize publication notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, and having given full study and consideration, the Council deemed said proposed disposal of said vacated street right-of-way to be in the best interest 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 Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and deliver a quit claim deed conveying the City's interest in said vacated Loos Street right-of-way to Jack Moyers, Carl Strub, Jr., Roger Giller, Richard DeGowin and Gene Claussen for and in consideration of the sum of $600, with reservation of easements for drainage, sanitary sewers and access. AND BE IT FURTHER RESOLVED that the City Attorney be and is hereby authorized, empowered and directed to deliver said deed, on payment of consideration as indicated above. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald l Resolution No. i Page 2 Passed and approved this day of 1989. i MAYOR AApprvdastoFrm j ATTEST: CITY CLERK Legal Department t i- /1,47 m L o o.5 m of I NOTICE OF PUBLIC HEARING OF INTENT TO DISPOSE OF CITY PROPERTY TO WHOM IT MAY CONCERN: You and each of you are hereby notified IW the City Council of the City of Iowa City, has heretofore adopted and approved Resolution No. 89- IN declaring the Clty's Intent to dispose of the follcwing-d bed City property: Conunencing at the Southwest Comer, of Lot 4, of Block 22, County Seat Addition to Iowa Cly, lona, as Recorded in Books 1 and 2 at Page 253 of the Records of the Johnson County Recorder's Office; Thence N90.00T10W, an assumed bearing along the South Line of saki Block 22,128.24 feet to the Point an the Westerly Right -d -Way Line an Relocated Gilbert Street, which is the Peiutd-Begkrtig; Thence S15.1520W, along saki Westerly Rlghlcf•Way Una, 82.74 feet, to a 5*lnch Iron Pin fotrd at b iteraeallon with the Soulhery Ftigntd- Way Line of Lelayesa Street; Thence S89°5530'W. along said South" Right -of -Way Una, 71.67 feet; Thence N00•o0'0o'E, 79.92 teat, to a Pam on the NoNery . Rightd-Way, Line of Lafayette Street; Thence Sg0•ooiWE, 93.44 feat along the Southerly Una of Lot 4 at said Block 22', to the Point of Beginning,. Said tract of ltd corsairs 6,583 square feet, more or less, and is subject to easements and restrictions of record; and Commmicirg at the Southeast Comer of Lot 4, at Block 22, County Seat Addnlon to Iowa City, Iowa, as Recorded in Books 1 end 2, at Page 253 of the Records of the Johnson County Recordoes Once; Thence N90.00W W, an assumed bearing along the South Una of Sari Lot 4, 201.68 feet, to the Southwest Coiter thereof; Thence N90.00'00'W, 20.00 feet to the Point of Beginrtig; Thence S00-WO(W, 79.92 feet, to a Point on the Southerly Right -of -Way Una of Lafayette Street, which is 71.67 feet, S89.55130W of a 5/8 -Inch iron Pin found at the Intersection of said Southerly Una with the westerly Rightd-Way Une of Relocated Gilbert Street; Thence S89.5510PIN, along said Southerly Righd•Way Una, 28.35 feet, to a 5/&Inch Iron Pin with LS. 7036 Cap found at the Top of Bank of Existing Ralston Geek; Thence N05-WIZE, 66.25 feet, to a Point on said Top of 8orr10 Thence N26.51'55E, 15.59 feet, to a Point on said Top of flank; Thence N07.12'47E, 25.20 feel, to a Point on saki Top of Bank; Thence N00'2232'E, along saki Top of Baric, 55.00 fast, to its Intersection with the Westerly projadkm of the Northerly Una of sold Lot 4; Thermo S90 -WIVE, along said Westerly projection, 12.00 foal, to a Point which Is 20.00 feet, N90'00'OOW of the Northwest Comer of sad( Lot 4; Thence 50062=W, 80.00 feet, to the Point of Beginning. Said tract of land contains 2020 square feet, more or less, and Is subject to easements and restrictions of record The Cly intends to dspose of sold property by conveying the sane to Gary L Freemen and Ralph J. Freeman for $1,1100. You are further ratified that a public hearing on said matter will be held by go City Coutrdl of the City of Iowa City, Iowa, at its regular meeting to be hold at 7:30 PM on the 27th day of June, 1989, in 8e Cly Council Chambers in the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time and place aft persons Interested In said matter will be given an opportunity b be Isard MARIAN K KARR, CITY CLERK RESOLUTION NO. 89-162 RESOLUTION APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN FOR WILLOWBROOKE POINTE CONDOMINIUMS, LOT 33 CAMERON SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owners, William T. & Vlasta Cameron, Edwin B. & Melodie D. Werth, Gary L. & Vicki L Bishop, Craig M. & Susan Byers, Scott G. & Janice Byers, W. Boyd & Cathy J. Crosby, and Raymond J. Happel Trust #2, have filed with the City of Iowa City, Iowa, an application for approval of a final Large Scale Residential Development Plan for Willowbrooke Point Condominiums; and WHEREAS, said Large) Scale Residential Development is for the construction of seven (7) four (4) unit condominium dwellings; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final Large Scale Residential Development Plan and have recommended approval of same; and WHEREAS, the final Large Scale Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that it be accepted and approved; and WHEREAS, the final Large Scale Residential Development Plan is found to conform with all of the pertinent 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: 1. That the final Large Scale Residential Development Pian for Willowbrooke Point Condominiums is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this Resolution and of said Plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the Issuance of any building permit Is authorized. It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald 1133 I; Resolution No. 89-162 u Page 2 j Passed and approved this 27th day of June 1989. i OR Approved as to Form �j ATTEST: tic. ` CnYCLERK Leda] Department , II. 1 I� �III- Il y 1 1 I � 3 1 City of Iowa City MEMORANDUM --I Date: June 14, 1989 To: Planning and Zoning Commission Fr: Barry Beagle, Associate Planner Re: S-8915. Willowbrooke Pointe Condominiums. S-8919. Ty'n Cae Subdivision, ar i Revised plats and plans of the above two items were submitted on Monday, June 12, 1989. Staff has completed its evaluation of the revised plats and plans and offers the following comments and recommendations: Willowbrooke Pointe Condominiums The revised final LSRD plan for Willowbrooke satisfactorily resolves the 14 deficiencies and discrepancies noted in the June 15, 1989, staff report with the exception of item 8. The 15 -foot storm sewer and utility easement east of the culvert on Benton Street will need to also reference "drainage." Staff recommends the final Large Scale Residential Development (LSRD) plan for Willowbrooke Pointe Condo- miniums be approved subject to the plan being revised to lable the 15 -foot storm sewer and utility easement east of the culvert on Benton Street to also reference "drainage." Ty'n Cae Subdivision. Part 5 The revised final plat of Ty'n Cae Subdivision, Part 5 resolves the two (2) defeciencies and discrepancies noted in the June 15, 1989, staff report. Two (2) additional changes have been requested by the Public Works Department and will need to be resolved prior to Council consideration. The first involves correcting a minor discrepancy in the legal description, and the second involves tieing -down the loca- tion of the drainage easement as it crosses Lots 125 & 126, and Lots 132-139. By referencing the location of the easement from property lines and lot corners, the Public Works Department hopes to avoid the possibility of encroachments into the easement. subject to correction of the legal description and tieing -down the location of the drainage easement as it passes through the subdivision, staff recommends the final plat of Ty'n Cae Subdivision, Part 5 be approved. Enclosures STAFF REPORT To: Planning & Zoning Commission Item: S-8915. Willowbrooke Pointe Condominiums GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Parcel size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning File date: 45 -day limitation period: Prepared by: Barry Beagle Date: June 15, 1989 William Happel c/o Byers & Happel 510 S. Clinton St. Iowa City, Iowa 52240 Phone: 354-0581 Final Large Scale Residential Development (LSRD) Plan approval. To establish a condominium development. Northeast quadrant of the Mormon Trek Boulevard and Benton Street intersection (See Location Map). 6.73 acres. Residential; 2-8 DU/A. Undeveloped; PDH -5. North - Undeveloped; RS -5. South - Willow Creek Park; P. Undeveloped; RS -8. East - Single -Family Residential; RS -5. West - Commercial; CN -1. May 24, 1989. July 10, 1989. SPECIAL INFORMATION: Public utilities: Water and sanitary sewer services are available. Public services: Municipal police and fire protection and transit service is available. Sanitation service would be provided by a private hauler. f i I t 1! II- 3 I f i 2 z i Transportation: Vehicular access will be provided by Benton Street via Willowbrooke 1 Lane, a private drive. Physical characteristics: The site is moderately sloping, draining into Willow Creek which traverses the southwest portion of the site. ANALYSIS: The applicant is requesting final Large Scale Residential Development (LSRD) Plan approval for Willowbrooke Pointe Condominiums. The proposed 6.73 acre development provides for the construction of seven (7), two (2) story, four (4) unit condominium dwellings accessible by a paved 22 -foot private drive known as Willowbrooke Lane. A substantial portion of the site (74%) is reserved for open space and includes extensive vegetative landscaping and screening which will be managed and maintained by a condominium regime established for the development. The proposed final plan is consistent with the design of the preliminary LSRD plan approved by Council on April 18, 1989, and is in substantial compliance with the requirements of the zoning ordinance, stormwater management ordinance and LSRD regulations. Final LSRD plan approval is effective for a period of 24 months unless a 12 -month extension is granted by the Council at the request of the applicant. STAFF RECOMMENDATION: Staff recommends consideration of the final LSRD plan for Willowbrooke Pointe Condominiums be deferred, but, upon resolution of the following minor deficiencies and discrepancies, that it be approved. DEFICIENCIES AND DISCREPANCIES: 1. Provide complete curve notes. 2. Expand last paragraph under Plan Notes to include sidewalks under the responsibility of the condominium regime. 3. Correct note regarding refuse disposal to indicate that if curbside pick up is not arranged, trash containers will be sited between buildings A & B, D & F, and E & G. 4. Identify location and method of screening of trash containers. S. Provide building elevations. 6. Provide bearings and distances for 20 -foot sanitary sewer easement. 7. Label western most 15 -foot sanitary sewer easement. 8. Label the 15 -foot utility easement west of the culvert on Benton Street, and the 15 -foot storm sewer, drainage and utility easement east of the culvert on Benton Street. 3 9. Relocate crosswalk south of Lots 11 and 12, Cameron Subdivision to be within the 15 -foot walkway, storm sewer and drainage easement to its intersects with Willowbrooke Lane. 10. Revise Plan Notes to specify total number of parking spaces. 11. Relocate large tree adjacent to Building B out of floodway. 12. Revise exterior boundary dimensions to be consistent with the final plat of Cameron Subdivision. 13. Provide one additional large tree near the intersection of Willowbrooke Lane and Benton Street as per approved preliminary PDH and LSRD plan. 14. Revise Plan Notes to indicate seven (7) four (4) unit condominium dwellings. ATTACHMENTS: 1. Location Map. 1. Final LSRD plan for Willowbrooke Pointe Condominiums. Approved by: V IIYIV JYIIIIIG' IJGI, VII GM 4V1 epartment of Planning and Program Development i i i i 1 . I� LOCATION MAP Cameron Subdivision S-8915 SIDE SCHOOL PDH 12 or 00 "a �ow. 00 I 5 //319 i RESOLUTION NO. 89-163 RESOLUTION APPROVING THE FINAL PLAT OF TY'N CAE SUBDIVISION, PART 5, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA AND CLARIFYING CERTAIN RIGHT-OF-WAY BY VACATING PORTIONS OF DYNEVOR CIRCLE PREVIOUSLY DEDICATED AND PLATTED IN TY'N CAE SUBDIVISION, PART 3, AND ACCEPTING REDEDICATION OF REALIGNED DYNEVOR CIRCLE. WHEREAS, the owners, Dynevor, Inc., and Chael Design & Development, Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Ty'n Cae Subdivision, Part 5, a subdivision of Iowa City, in Johnson County, Iowa, which is legally f described as follows: A replat of Lots 39-43 and 46.49 of Ty'n Cae Subdivision, Part 3 as recorded in ( Plat Book 24 and Page 18 of the records of the Johnson County Recorder's ! OFfice, and a parcel of vacated excess right-of-way of Mormon Trek Boulevard, Into lots and streets, said lots and vacated right-of-way are more particularly F. described as follows: r Beginning at the southeast corner of the northeast quarter and the northwest [ quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, said corner also being the southeast corner of Lot 41, Ty'n Cae Subdivision, Part Three; thence N 89°10'37" W, 490.84 feet along the south line p of the northeast quarter of the northwest quarter of said Section 20, to a point on the northeasterly right-of-way line of Mormon Trek Boulevard, said point being 40.00 feet normally distant, northeast, from the center line of Mormon Trek Boulevard; thence N 34013'05" W, 458.38 feet along said right-of-way line to its Intersection with the southeasterly right-of-way line of Gryn Drive; thence N 55046'55" E, 46.04 feet along the southeasterly right-of-way line of Gryn Drive, thence northeasterly 81.27 feet, along said right-of-way line on a 200.00 foot radius curve, concave northwesterly, whose 80.71 foot chord bears N 44008'27" E; thence N 32030'00" E, 4.56 feet along said right-of-way line; thence northeasterly 23,56 feet on a 15.00 foot radius curve, concave southeasterly, whose 21.21 foot chord bears N 77°30'00" E; thence S 57°30'00" E, 145.00 feet along the southwesterly right-of-way line of Plaen View Drive; thence south- easterly 40.95 feet along said right-of-way line, on a 150.00 foot radius curve, : concave northeasterly, whose 40.82 foot chord bears S 65019'13" E, to the northwesterly corner of Lot 45 of said Part 3; thence S 16051'33" W, 165.52 feet along the westerly line of said Lot 45; thence N 77030'00" E, 163.93 feet along the southerly line of Lots 44 and 45 of said Part 3; thence N 14°25'21" W, 125,15 feet along the easterly line of said Lot 44 to a point on the southerly right-of- way line of Plaen View Drive; thence northeasterly, 80.74 feet, along said right- of-way line, on a 150.00 foot radius curve, concave northwesterly, whose 79.77 4 foot chord bears N 60009'24" E; thence northeasterly 20.36 feet along a 15.00 foot radius curve, concave southeasterly, whose 18.83 foot chord bears N 83037'05" E; thence S 57°30'00" E, 68,04 feet along the southwesterly right-of- way line of Dynevor Circle; thence N 59042'35" E, 56.22 feet to a point on the northeasterly right-of-way line of Dynevor Circle, said point also being the southeasterly corner of Lot 38 of said Part 3; thence N 32030'00" E, 125.00 feet along the southeasterly line of said Lot 38 to a point on the southwesterly line Resolution No. 89-163 Page 2 of Lot 36 of said Part 3; thence S 57°30'00" E, 163.27 feet along the south- westerly line of said Lot 36 to a point on the east line of the northeast quarter of the northwest quarter of said Section 20; thence S 01002'24" W, 433.02 feet along said east line to the point of beginning. Said tract of land contains 5.841 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final plat of said subdivision and have recommended approval of same; and WHEREAS, the final plat of said subdivision has been examined by the Planning and Zoning Commission, and after due deliberation the Commission has recommended that It be accepted and approved subject to clarification of the configuration of Dynevor Circle by vacating portions of Dynevor Circle previously dedicated to the public in Ty'n Cae Subdivision, Part 3, so as to permit realignment of Dynevor Circle, as shown on the Final Plat herein. WHEREAS, subject to said clarification, the Final Plat is found to conform with 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: 1. That the configuration of Dynevor Circle as previously dedicated and originally platted In Ty'n Cee Subdivision, Part 3, should be and is hereby vacated and released; and that in return the Subdivider's relocated and rededicated Dynevor Circle, as shown on the Final Plat herein, should be accepted. 2. That the Final Plat and subdivision located on the above-described real estate be and the same are hereby approved and the dedication and rededication of the streets and easements are hereby accepted as provided by law. 3. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision, and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law; and the owner/subdivider shall record the legal documents and the Final Plat at the Office of the County Recorder of Johnson County, Iowa before the Issuance of any building permits is authorized. i 4. That this Resolution, once recorded, shall be notice to correct the Plat for Ty'n Cae Subdivision, Part 3, §409.21, Iowa Code. 115q Resolution No. 89-163 Page 3 It was moved by Ambrisco and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ X _ X _ X _ X _ X _ X Passed and approved this 27th ATI -EST: -k. CV CLERK Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald day of June , 1989. YOR Approved as to Form L gal Department G --Za -%y i I 1 a City of Iowa City MEMORANDUM �1 I Date: June 14, 1989 To: Planning and Zoning Commission i Fr: Barry Beagle, Associate Planner Re: S-8915. Willowbrooke Pointe Condominiums. $-8919. jn r" subdivision. Part 5. Revised plats and plans of the above two items were submitted on Monday, June 12, 1989. Staff has completed its evaluation of the revised plats and plans and offers the following comments and jI recommendations: Willowbrooke Pointe Condominiums The revised final LSRD plan for Willowbrooke satisfactorily resolves the 14 deficiencies and discrepancies noted in the June 15, 1989, staff report with the exception of item 8. The 15 -foot storm sewer and utility easement east of the culvert on Benton Street will need to also reference "drainage." Staff recommends the final Large Scale I. Residential Development (LSRD) plan for Willowbrooke Pointe Condo- miniums be approved subject to the plan being revised to lable the 15 -foot storm sewer and utility easement east of the culvert on Benton III Street to also reference "drainage." i Ty'n Cae Subdivision, Part 5 I' The revised final plat of Ty'n Cae Subdivision, Part 5 resolves the two (2) defeciencles and discrepancies noted in the June 15, 1989,. staff report. Two (2) additional changes have been requested by the Public Works Department and will need to be resolved prior to Council consideration. The first involves correcting a minor discrepancy in the legal description, and the second involves tieing -down the loca- tion of the drainage easement as it crosses Lots 125 & 126, and Lots 132-139. By referencing the location of the easement from property lines and lot corners, the Public Works Department hopes to avoid the possibility of encroachments into the easement. Subject to correction of the legal description and tieing -down the location j of the drainage easement as it passes through the subdivision, staff recommends the final plat of Ty'n Cae Subdivision, Part 5 be approved. Enclosures I STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Item: S-8919. Ty'n Cae Subdivision, Part 5 Date: June 15, 1989 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: Limitation periods: SPECIAL INFORMATION: Public utilities: Public services: Michael Evans R.R. 3, Box 270 Solon, Iowa 52333 Phone: 338.3342 Approval of a final plat for Ty'n Cae Subdivision, Part 5. To establish a 20 -lot residential subdivision. Generally located south of Plaen View Drive and East of Mormon Trek Boulevard. 5.841 acres. Residential; 2.8 DU/A. Undeveloped; RS -8. North - Single -Family Residential; PDH -8. South - Commercial Office; CO -1. East - Undeveloped; CI -1. West - Mormon Trek Blvd. and U.S. Highway 218; corporate limits, May 25, 1989. 45 -day: July 10, 1989. 60 -day: July 24, 1989. Water and sewer services are available Police and fire protection, including sanitation and transit services, are available. The site is accessible via Plaen View Drive. The site is in a shallow, low lying area, traversed by a tributary feeding Into Willow Creek. 0 i i STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Item: S-8919. Ty'n Cae Subdivision, Part 5 Date: June 15, 1989 GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: Limitation periods: SPECIAL INFORMATION: Public utilities: Public services: Michael Evans R.R. 3, Box 270 Solon, Iowa 52333 Phone: 338.3342 Approval of a final plat for Ty'n Cae Subdivision, Part 5. To establish a 20 -lot residential subdivision. Generally located south of Plaen View Drive and East of Mormon Trek Boulevard. 5.841 acres. Residential; 2.8 DU/A. Undeveloped; RS -8. North - Single -Family Residential; PDH -8. South - Commercial Office; CO -1. East - Undeveloped; CI -1. West - Mormon Trek Blvd. and U.S. Highway 218; corporate limits, May 25, 1989. 45 -day: July 10, 1989. 60 -day: July 24, 1989. Water and sewer services are available Police and fire protection, including sanitation and transit services, are available. The site is accessible via Plaen View Drive. The site is in a shallow, low lying area, traversed by a tributary feeding Into Willow Creek. 0 Page 2 ANALYSIS: The final plat of Ty'n Cae Subdivision, Part 5, represents a replat of Lot 39-43 and 46-49 of Ty'n Subdivision, Part 3, an area consisting of 5.841 acres located at the southern end of the Ty'n Cae development. At the same time the applicant sought to rezone the nine (9) lots from PDH -8 to RS -8 to permit development of a conventional subdivision the applicant requested approval of a preliminary plat to replat the nine (9) lots Into 20 single-family lots for zero lot line dwellings. Approval of the new subdivision requires vacation of Lots 39-43 and 46-49, including the partial vacation of Dynevor Circle. On April 18, 1989, the City Council approved 4 the rezoning from PDH -8 to RS -8, and on May 2, 1989, consented to the vacation of Lots 39- 3 43 and 46-49 of Ty'n Cae Subdivision, Part 3, and approved a preliminary plat of Ty'n Cae Subdivision, Part S. f The final plat is in compliance with the approved design of the preliminary plat and the requirements of the Zoning Ordinance and Subdivision Regulations. The only deviation from the preliminary plat concerns the name of the cul-de-sac which was changed from Dynevor Circle to Little Creek Lane. The proposed name change is acceptable, however, must be f approved by ordinance of the City Council. Not all of the platted right-of-way of Dynevor Circle, south of Plaen View Drive, was vacated; it still retains the name of Dynevor Circle. To change the name of an existing platted street requires approval of an ordinance by the City Council. The final plat will not be scheduled for Council consideration until final consideration ) of the ordinance. The preliminary plat provided for the continuation of an existing eight (8) foot sidewalk to the south across the frontage of Part 5 on Mormon Trek Boulevard. Given the public function and benefit associated with this sidewalk, staff requests the applicant consider the installation of the eight (8) foot sidewalk up front with the paving of Little Creek Lane. More than likely, the remaining segments of the eight (8) foot sidewalk across the Ty'n Cae development to the north will be completed this summer, and the Johnson County Farm Bureau office, Immediately to the south, is to install the sidewalk across its frontage at such time as the sidewalks in the Ty'n Cae development are In place. As an overwidth sidewalk, the City will share half the cost of the sidewalks installation. To be consistent with the preliminary plat, the final plat and Subdivider's Agreement will need to reflect that no lots shall have access to Mormon Trek Boulevard, Legal papers and construction plans have been submitted and are currently under review by staff. i Staff recommends the final plat of Ty'n Cae Subdivision, Part 5, be deferred, but upon resolution of the following minor deficiencies and discrepancies, that it be approved. DEFICIENCIES AND DISCREPANCIES: 1. Note on plat and In Subdivider's Agreement that no lot shall have access to Mormon Trek Boulevard. 2. Revise title of plat to indicate a "replat" of Lots 39-43 and 46-49 of Ty'n Cae Subdivision, Part 3, /Ml �f; 1 1 I` I /Ml I 1 IH h RM 12 RESOLUTION NO. 89-164 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF A RESUB- DIVISION OF BLOCK 45 EAST IOWA CITY, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Robert H. and Erma J. Wolf, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of a resubdivision of Block 45 East Iowa City, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Lots One (1) and Two (2), Block Forty -Five (45) East Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said resubdivision and have recommended approval of same; and WHEREAS, the preliminary and final plats of said resubdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with 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: 1. That the preliminary and final plats of a Resubdivision of Block 45 East Iowa City, a subdivision of the City of Iowa City, are hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said resubdivision, and to certify the approval of this Resolution, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved bynmhr;crn and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X_ Larson X McDonald I I, . ' Resolution No. 89-164 Page 2 i I I!. n . is i I � 1e STAFF REPORT To: Planning and Zoning Commission Item: S-8920. Resubdivision of Block 45 East Iowa City. GENERAL INFORMATION: Applicant: Requested action: Purpose: Size: Comprehensive.Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: File date: Limitation periods: 45 -day: 60 -day: Prepared by: Monica Moen Date: June 15, 1989 Robert H. and Erma J. Wolf R.R. 5, Box 29 Iowa City, Iowa 52240 Phone: 351-6794 Preliminary and final plat approval. To resubdivide two lots, on which are located three duplexes, to enable compliance with the Zoning Ordinance provision limiting one principal use or building on a lot in an RS zone. 21,004 square feet; 0.48 acre. Residential: 2-8 Dwelling Units/Acre. Three duplexes; RS -12. North - Duplexes and Single -Family Residential; RS -5 East - Single -Family Residential; RS -5 South - Iowa Interstate Railway tracks and Iowa -Illinois Gas & Electric substation; RS -5 and I-1 West - Iowa Interstate Railway tracks and Iowa -Illinois Gas & Electric substation; RS -5, I-1, RS -8 Zoning Ordinance, Subdivision Regulations. May 26, 1989 (date legal documents submitted)' July 10, 1989 July 25, 1989 3 2 SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: BACKGROUND: Adequate water and sewer services are available. Police and fire protection and sanitation and transit services are available. The minor subdivision fronts onto "H" Street and Sixth Avenue. The site is relatively flat. In 1972, the applicant, Robert H. Wolf, constructed three duplexes on the subject tract after obtaining the required building permits. Two of the duplexes, however, are located on a single lot within this two -lot, RS -12 zoned tract. Section 36-3(f)(I) of the Zoning Ordinance mandates that "[i]n the RS zones there shall not be more than one (1) principal use or building on a lot." The applicant wishes to replat the property so that each of the three duplexes is located on a conforming lot. The applicant, therefore, petitions for the resubdivision of the subject two -lot tract into three lots. ANALYSIS: Zoning Ordinance Compliance: The preliminary and final plats of the proposed resubdivision of the tract are consistent with the dimensional requirements of the RS -12, High Density Single -Family Residential Zone. Duplexes are permitted by right within this zone on lots with minimum lot areas of 3,000 square feet per unit. Each of the three proposed lots exceeds the 6,000 square foot lot area required for a duplex placed on a lot within the RS -12 zone. however,The line d 2 property tobring the between ubdivisionnint mco pliance with iSection 36-58(c)(3)ahahave to bshfted three feet 2 of the Zoning Ordinance. This section of the Ordinance specifies that ,[i]n all zones aisles a lotlineariunlessdpitched oracurbed andlocated drainedctoser than thre prevent theeflow)ofewater onto adjoining property or unless a drainage course has been established along lot lines for the purpose of stormwater runoff." The northern Lot 2 is shown to e coincident with todrivee of the the northerly line of Lot g the duplex et enIf the property line is to remain in the location shown, the preliminary plat should be amended to show contours for this drive that Otherwise, the property line between Lots h LotsI and at e2dshould rive rbenshifteds awaithree ofeet to the north and the property line between Lots 1 and 3 should be shifted westerly to assure that Lot 1 contains the minimum lot area required for the existing duplex. Sufficient land appears to exist to make these adjustments without affecting minimum side yard setback requirements. 1 Modifying the location of the property line between Lots 1 and 2 would also bring the portion of the drive serving Lot 1 which is located in the Sixth Avenue right-of-way into compliance with the Design Standards for Public Works Improvements in Iowa City. Section IV -3.1 of these standards regulates the portion of a driveway located in the public right-of-way. This section states that "[n)o portion of a driveway except the curb return shall be constructed... closer than three feet to the property line as extended." The curb returns for each of the three drives should be depicted on the preliminary plat to show compliance with this driveway standard. Subdivision Regulations Compliance: The preliminary and final plats of the proposed resubdivision of Block 45, East Iowa City are generally in compliance with the City's Subdivision Regulations. Minor deficiencies and discrepancies are included in the composite list of plat deficiencies at the end of the report. No streets are included in the resubdivision of the subject property. The subdivision fronts, however, onto two streets which are hard surfaced but which have not been improved to City standards. At some point in time, these improvements may be installed. In conformance with Section 32-40(g) of the Subdivision Regulations, the final plat must be accompanied by a petition signed by the applicants requesting the City Council to pave any streets abutting the subdivision. This petition waives any statutory protections and limitations afforded the applicants as to the cost and assessment of those improvements. Economic impact: Resubdivision of the subject developed property will not alter the assessed value of the subdivision. In addition, as the tract is fully developed, no changes in the cost of municipal services delivery to the subdivision are anticipated. STAFF RECOMMENDATION: Staff recommends that consideration of the preliminary and final plats for the resubdivision of Block 45, East Iowa City be deferred. Upon resolution of each of the deficiencies and discrepancies listed below, it is staff's recommendation that the plat be approved. DEFICIENCIES AND DISCREPANCIES: Preliminary Plat 1. Note the total acreage of the tract. 2. Illustrate contours at five foot intervals or less. 3. Show the location of existing water and sanitary sewer services to each of the three lots. 4. Demonstrate compliance with Section 36-58(c)(3)a.2 of the Zoning Ordinance and Section IV -3.1 of the Design Standards for Public Works Improvements in Iowa City which regulate the placement of driveways on private and public property, respectively. 5. Tie -down the location of the existing duplexes relative to proposed lot lines. Miw 4 Final Plat 1. In conformance with Section 32-39(b) of the Subdivision Regulations, redraw the plat to the scale of one inch to fifty (50) feet. 2. Submit a petition, signed by the applicants, requesting the City Council to pave any streets abutting the subdivision. ATTACHMENTS: 1. Location Map. 2. Existing Site. ACCOMPANIMENTS: 1. Preliminary Plat. 2. Final Plat. Approved by: anal S meiser, Director Department of Planning and Program Development OLM \,q m 6TH AVENUE Ih NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE NOT TO EXCEED $5,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT) Notice Is hereby given that a public hearing wlll be conducted before the City Council of the City of Iowa City, Iowa (the 'Issuer'), in the Council Chambers at the City Hall In said City at 7:30 o'clock P.M., on June 27, 1989, on the proposal to Issue not to exceed $5,000,000 principal amount of the City's Industrial Development Revenue Bonds (Michael Development Project) Series 1989, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring land and constructing a facility thereon to be leased for use In the manufacture of seamless cans. The proposed facility will be owned by Michael Development, a Minnesota General Partnership (the 'Borrower). After a public hearing duly called and held pursuant to published notice on December 13,19M, the City Council of Iowa City, Iowa, determined to proceed with the necessary steps relating to the Issuance of the above- referenced Bonds In an amount not to exceed $3,000,000. The Borrower has now requested that the authorized amount of Bonds be Increased to an aggregate principal amount of not to exceed $5,000,000 and that a new public hearing, as scheduled In this notice, be held to consider such request. It Is contemplated that a Loan Agreement will be entered Into between the Issuer and Michael Development, under which the City would loan to said Borrower the proceeds from the sale of the Bonds In return for loan payments from the Borrower sufficient to pay the principal of, Interest and premium, If any, on such Bonds as the same shall fall due. Such Bonds, it Issued, and the Interest thereon, will be payable solely out of the revenues derived from the Loan Agreement and shall never consthute an Indebtedness of the City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. All local residents who appear at the hearing called pursuant to Section 419.9 of the Code of Iowa and Section 147(Q of the Internal Revenue Code of 1986, as amended, shall be given an opportunity to express their views for or against the proposal to Issue the Bonds, and at the hearing, or any adjournment thereof, the City Council of said City shall adopt a resolution determining whether or not to proceed with the Issuance of the Bonds. By, order of the City Council. Marian K Karr, CRY Clerk of the City of Iowa City, Iowa Iowa City, Iowa, June 27, 1989. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall, in Iowa City, Iowa, at 7:30 p.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. McDonald. Absent: None. rL1�. � t C� Iowa City, Iowa, June 27, 1989. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall, in Iowa City, Iowa, at 7:30 p.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. McDonald. Absent: None. rL1�. other Business The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to increase the aggregate principal amount of the City's Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) series 1989, from not to exceed $3,000,000 to $5,000,000, pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring land and constructing a facility thereon to be leased for use in the manufacture of seamless cans. it is proposed that the proceeds from the sale of said Bonds be loaned by the City to Michael Development of Iowa L.P., with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None. Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) None. After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Balmer proposed the following Resolution and moved its adoption. Council Member Courtney seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Horowitz, Kubby, Larson McDonald Ambrisco, Balmer, Courtney. MAYS: None. ABSENT: None. The Resolution was thereupon signed by the Mayor and in evidence of approval attested by the City Clerk and declared to be effective. The Resolution is as follows: i RESOLUTION NO. 89-165 PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING WITH AN INCREASE IN THE AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA L.P. PROJECT) SERIES 1989, FROM $3,000,000 TO $5,000,000 OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a municipal corporation of the State of Iowa (the "Issuer"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue revenue bonds for the purpose of defraying the cost of acquiring land and constructing a facility thereon to be leased for use in the manufacture of seamless cans (the "Project"), and to loan the proceeds from the sale of such revenue bonds, pursuant to a loan agreement, to Michael Development of Iowa L.P., an Iowa limited partnership (the "Borrower"), to be used for the aforesaid purposes; and WHEREAS, a public hearing was conducted on December 13, 1988 approving the issuance of not to exceed $3,000,000; and WHEREAS, the Issuer has been advised that the Project has been expanded and that the amount necessary to finance all or a portion of the costs of the Project, including necessary expenses incidental thereto, will require the issuance of not to exceed $5,000,000 aggregate principal amount of its Industrial Development Revenue Bonds, Series 1989; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $5,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989, of the Issuer has been published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the Issuer that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the Issuer as follows: Section 1. That it is hereby determined that it is necessary and advisable that the Issuer proceed with the issuance of its Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989 (the "Bonds"), in an amount not to exceed $5,000,000, as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Borrower all upon terms and conditions mutually satisfactory to the Issuer and the Borrower. -4- 1137 Section 2. That at the public hearing conducted by this City Council, in accordance with the provisions of Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds. Section 3. That it is hereby determined that any and all objections to the issuance of said Bonds are hereby overruled and this City Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Borrower that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the Issuer's Attorney. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the Issuer, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said Issuer, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved June 27, 1989. City of Iowa City, Iowa (Seal) )AJdohn Mc onald, Mayor Attest: /Yin Atil ,� 7C `1C�1fA� Ma- ran K. Karr, City Clerk y -5- //toy CLERK'S CERTIFrramr. I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its City Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto i attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on June 27, 1989, holding a public hearing and approving the issuance of not to exceed $5,000,000 I aggregate principal amount of Industrial Development Revenue Bonds ; (Michael Development of Iowa L.P. Project) Series 1989, of the ' City of Iowa City, Iowa; that said proceedings remain in full II force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the City Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the City Council (a copy of the face ; sheet of said agenda being attached hereto) pursuant to the local rules of the City Council and the provisionsof Chapter 21, Iowa and upon reasonable Code, advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. i Witness my hand and the Corporate Seal of said City hereto affixed this 27th day of .hme 1989, (Seal) Marian K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn to before me this day, the date last i above written. (Seal) Notary Public i -6- 1137 I Posted: 6/23/89, 2:45pm q Removed: 6/28/89 8:00 a.m. g.h. (This Notice to be Posted) NOTICE AND CALL OF MEETING Governmental Body: The City Council of Iowa City, Iowa Date of Meeting: June 27, 1989 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers City Hall Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Public Hearing and Resolution Approving Proceeding With an Increase in the Aggregate,Principal Amount of Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989, From $3,000,000 to $5,000,900 of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional, 22 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 21, Iowa Code, as amended, and the local rules of said governmental body. arr, City Clerk of the City of Iowa City, Iowa i. -7- RESOLUTION NO. 89-166 RESOLUTION IN SUPPORT OF THE IOWA CITY RIVER CORRIDOR TRAIL AND AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City has heretofore acknowledged and endorsed the importance of the Iowa River Corridor Trail to the City of Iowa and the State of Iowa; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said facility; and WHEREAS, in order to proceed with the development of said project, it is necessary and desirable to make application to the Iowa Department of Transportation for Recreational Trail Funding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the City of Iowa City is in full support of the Iowa River Corridor Trail. 2. That the portions of the facility contained within the City of Iowa City will be available for public use. 3. That the portions of the project completed by the City of Iowa City will be the maintenance responsibility of the University of Iowa or its designee and will be adequately maintained thereby for a minimum of 20 years following project completion. 4. That the Johnson County Council of Governments is authorized and directed to file and administer the application for Recreational Trails Funds for the portion of the trail to be constructed between Iowa Avenue and Burlington Street with the Iowa Department of Transportation in behalf of the City of Iowa City. 5. That the Mayor is authorized to sign and the City Clerk is authorized to attest the application for Recreational Trails Funding with the Iowa Department of Transportation. It was moved byAmbrisco and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Ambrisco x_ Balmer x_ Courtney Horowitz Kubby Larson �_ McDonald 41 Resolution No. 89-166 Page 2 Passed and approved this 27th day of June 1989. ATTEST: � �/�AA) WIT CLERK ++I I I� i I I 1y 7 RESOLUTION NO. 89-167 RESOLUTION AUTHORIZING AND DIRECTING THE FILING -OF AN AMENDED APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID AMENDED APPLICATION. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, and in conjunction with the filing of applications for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in conjunction with this project, and that definitive procedures shall be established and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. That the City Manager is authorized to execute and file an amended grant application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in the financing of transit capital improvements pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the City Manager is authorized to execute and file with said amended application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. 4 That the City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the amended application. That the City Manager is authorized to set forth and execute affirmative minority business policies in conjunction with the procurement needs of the project. i I 5. That the City Manager is authorized to grant agreements on behalf of the City of Iowa City with the U.S. Department of Transportation for aid in the financing of transit operations and capital improvements. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Balmer R Courtney X Horowitz R Kubby X Larson R McDonald Passed and approved this 27th day of June 1989. E RESOLUTION NO. 89-168 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCELS C AND D, LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City is empowered under Chapter 403 of the Code of Iowa (1987) to engage in the sale or transfer of land acquired and cleared by it for private redevelopment, and WHEREAS, the City of Iowa City wishes to offer for private redevelopment certain parcels of land known as Parcels C and D located in the Lower Ralston Creek Area of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager or his designee is hereby authorized and directed to solicit offers to purchase Redevelopment Parcels C and D, located in the Lower Ralston Creek Area of Iowa City, as shown on the map attached. 2. That the City Clerk is hereby authorized and directed to publish notice as required by law of the aforementioned solicitation of offers to purchase said Parcels C and D for private redevelopment. 3. That offers to purchase said Parcels C and D are to be received at the Iowa City Department of Planning and Program Development, 325 E. Washington Street, Iowa City, Iowa until 1:30 p.m. on July 13, 1989, and thereafter publicly opened by the City Manager or his designee. 4. That in the event no satisfactory offers are received by July 13, 1989, the City Manager or his designee is hereby authorized to negotiate a contract for sale for said parcels as appropriate. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 27th day of June 1989. OR y 'J Appro ed as t�r ATTEST: I bin J Kai n� m ?Lr J.u^� CITY CLERK Leg 1 Department G - .2y- �9 L0UIE13 RALSTON CREEK NEIGHBORHOOD CLINTON v m , m (n v —L- —0 �N 2 ��s Z m -1 — DUBUQUE I14001 / / / Ell ca _J. VAN BUREN ST. R I I I' 1 1 1 II 1 ST. ST a. I City of Iowa City MEMORANDUM Date: June 22, 1989 To: City Council and City Manager From' Marianne Milkman, CDBG Program Coordinator Re: Lower Ralston Creek Parcels C & D No offers for development of Lower Ralston Creek Parcels C and D were received by the due date of June 2, 1989, although five bid packets were taken out. Since that time I have been contacted by eight persons who are Interested in developing the parcels. These persons told me that either they were unable to get bids in on time, were unaware of the due date or the fact that the parcels were for sale, or felt the minimum asking price was too high, and would like to negotiate a contract of sale with the City. Because these parcels are urban renewal land acquired with federal funds, we are bound by certain state and federal requirements for disposition. I have discussed the Issues with Linda Gentry (First Assistant City Attorney) and we recommend the following procedures. 1. Adoption of a resolution to solicit bids on the two parcels; bids to be received by July 15, 1989. 2. Changing the "minimum" price to "suggested" price, thus providing the option of a lower bid. 3. If no satisfactory bids are received by July 15, 1989, authorizing the City Manager (or his designee) to negotiate contracts of sale for the parcels as appropriate. This procedure will fulfill the various state and federal requirements for public notice, sealed bids, etc., while leaving us some flexibility to negotiate a contract for sale. When an acceptable bid is received or negotiated, Council will need to hold a public hearing on the proposed sale and conveyance of the parcels. cc: Don Schmeiser Linda Gentry bc1-1 HOP. i City of Iowa City MEMORANDUM Date: June 22, 1989 To: City Council and City Manager From' Marianne Milkman, CDBG Program Coordinator Re: Lower Ralston Creek Parcels C & D No offers for development of Lower Ralston Creek Parcels C and D were received by the due date of June 2, 1989, although five bid packets were taken out. Since that time I have been contacted by eight persons who are Interested in developing the parcels. These persons told me that either they were unable to get bids in on time, were unaware of the due date or the fact that the parcels were for sale, or felt the minimum asking price was too high, and would like to negotiate a contract of sale with the City. Because these parcels are urban renewal land acquired with federal funds, we are bound by certain state and federal requirements for disposition. I have discussed the Issues with Linda Gentry (First Assistant City Attorney) and we recommend the following procedures. 1. Adoption of a resolution to solicit bids on the two parcels; bids to be received by July 15, 1989. 2. Changing the "minimum" price to "suggested" price, thus providing the option of a lower bid. 3. If no satisfactory bids are received by July 15, 1989, authorizing the City Manager (or his designee) to negotiate contracts of sale for the parcels as appropriate. This procedure will fulfill the various state and federal requirements for public notice, sealed bids, etc., while leaving us some flexibility to negotiate a contract for sale. When an acceptable bid is received or negotiated, Council will need to hold a public hearing on the proposed sale and conveyance of the parcels. cc: Don Schmeiser Linda Gentry bc1-1 HOP. OFFICIAL PUBLICATION NOTICE OF SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE FOR PRIVATE REDEVELOPMENT, CERTAIN PARCELS OF LAND KNOWN AS PARCELS C AND D IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA. The Cly of Iowa Cly hereby gives notice that seated bid offers to purchase for private redevelopment certain land known as Parcels C and D located In the Lower Ralston Creek Area Of Iowa City, lava, will be received at the Iowa City Department of Planning end Program Development untll 1:30 P.M. On the 13th day of July, 1989. Parcels for sale are located as follows: Parcel C is located west of Ralston Creek and north of Lafayette StreeL Parcel D Is located on the southeast corner of Unn and Harrison streets adjacent to Ralston Creek. Additional information regarding the solicitation, Including a complete description of Parcels C and D, Is contained in the 7= arM the form and cOrrtent Of an Offer to Purchase ls detailed In drek8 Packet. The Prospectus and Bid Packet will be available at the Office of the Iowa City Department of Planning and Program Deveb"Irl, 325 E. Washington Street, Iowa CRY, Iowa 52240, on June 28, 1989. All bids must be received by the Secretary of the Iowa City Department of Planning and Program Development, as set forth in the Prospectus, no later than 1:30 P.M. July 13, 1989. The City Of Iowa City reserves the right to accept or reject any or all bids and 10 waive any irregularities. MARIAN K. KARR, CITY CLERK //Se j is I' ,L. 1 RESOLUTION NO. 89-169 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CENTRAL STATES CAN CO. RAILROAD SPUR WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the best bid of $81,589.50 for the construction of the above -names project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc. of Reinbeck, Iowa subject to the condition that awardee secure adequate insurance certificates, contract compliance program statements and the City receive approval from IDOT Rail and Water Division and additional funding be received. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate insurance certificates, contract compliance program statements and the City ' receive approval from IDOT Rail and Water Division and additional funding be received. It was moved by Balmer and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1 �I X Ambrisco 'f! R Balmer I l Rel Courtney X Horowitz X Kubby X Larson X McDonald I Passed and approved this 27th day of June, 1989. //� k ATTEST: CIYa"CEE'RK. � APP 0 A ,,TFORM LEGAL DEPARTMENT //S/ ADVERTISEMENT FOR BIDS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 a.m. on the 20th day of June, 1989, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. an June 27th. 1989, or at such later time and place as may then be fixed. The work will involve the following: Construction of approximately 700 l.f. of rail spur track together with necessary grading, drainage facilities and related incidential work. All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery Engineers And Architects, inc. of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa, plus current special provisions and supplemental specifications. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: 1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10 % of the bid, or 2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10.% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA ■ CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance- of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100X) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of. five (5) year(s) from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 60 Completion Date: September 1, 1989 Liquidated Damages:. _8200 Per Day The plans, specifications, and proposed contract documents may be examined at the office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of ' I I I . j t i j j i Proposal the names of persons, firms, companies or other parties to whom it is intended to enter into a subcontract. The list shall include the type of work and approximate subcontract amount. The Contractor awarded the contract shall list on the Form of Contract the proposed subcontractors along with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the contractor shall furnish documentation of all efforts to recruit MBEs. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. By virtue of a statutory authority, Preferencewill be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject technicalities proposals andirregularitieswaive Published upon order of the City . Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK i i Johnson County Council of Governments r OWE %% 410 E.Vvbshingtcn St. bvn a City, bAa 52240 June 22, 1989 Peggy A. Baer Rall Development Manager Rail & Water Division Iowa Department of Transportation 800 Lincoln Way Ames, Iowa 50010 Re: Iowa City Can Company Rail Assistance Economic Development Project Dear Peggy: On June 20, 1989, the City of Iowa City accepted bids for the Iowa City Can Company rail spur project. The low bid by Peterson Contractors Inc, of Reinbeck, Iowa, was $81,589.50. A total of four responsive bids were received. You have reviewed our bid solicitation process and determined that it exceeds what you require. Combined with our $5,500 contract with Shive-Hattery Engineers and Architects for design, engineering, and inspection services, the total project cost with the low construction bid is $87,089.50. This is within $6,500 of our original cost estimate which was included in the grant application transmitted to you November 8, 1988. it is $37,089.50 higher than the approved grant amount which was based on Iowa DOT's revision of our cost estimate. We have discussed this matter at length, and have concluded there is no compelling reason to re-bld the project. Respectfully, please consider this letter our formal request for additional funds from the Iowa DOT Rail Assistance Economic Development Program in order to fund the project on an 80120 state/local basis. Our required $17,817.90 local share has already been ceftified on page 3 of our original application. Would you please take action regarding this matter at your earliest convenience. Construction Is currently in progress at the can company site, with production scheduled to begin in October. We once again thank you for your assistance and commend Iowa DOT's participation as a partner with us on this important economic development project. Sincerely, Jeff Davidson Transportation Planner cc: Fait Cain, City of Iowa City Frank Farmer, City of Iowa City ✓ Bob Mullenburg, Iowa Interstate Railroad 1151 RESOLUTION NO. 89-170 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT WITH ROSEBAF] TIRE SHREDDING CENTER, INC. OF VINTON, IOWA FOR THE PROVISION OF TIRE RECYCLING SERVICES AT THE IOWA CITY LANDFILL WHEREAS, the City of Iowa City is undertaking an effort to reduce the volume of solid wastes disposed of at the Iowa City Landfill and to recycle certain materials from the waste stream; and WHEREAS, an agreement has been negotiated with Rosebar Tire Shredding Center, Inc, to provide tire recycling services to the City of Iowa City, which agreement, entitled 'Agreement for Tire Recycling," is attached hereto and made a part hereof, and WHEREAS, this City Council has been advised and does believe that it would be in the best Interests of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Agreement for Tire Recycling attached hereto and made a part hereof is hereby approved as to form and content. AND, BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and cn behalf of the City of Iowa City, Iowa. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 27th day of June 1959. ATTEST: L CITY CLERK lz/x &—� OR Aed as orm pm G/-VIIF7 Legal Department AGREEMENT FOR TIRE RECYCLING This Agreement, made and entered into this 27th day of June , 1989, by and between the City of Iowa City (City) and Rosebar Tire Shredding Center, Inc. (Contractor) for services in connection with tire recycling at the City Landfill. WHEREAS, the City desires to remove and recycle tires delivered to the City Landfill in a manner consistent with regulations developed by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources and consistent with good environmental practices, and WHEREAS, this Agreement fully describes the terms and conditions upon which the Contractor is willing to perform the work specified. SCOPE OF WORK ARTICLE 1 STORAGE AND REMOVAL 1.1. The Contractor shall provide lire recycling services for the City as herein described. 1.2. The Contractor shall guarantee to perform all work in a manner satisfactory to and acceptable by the City, 1.3, The Contractor shall provide all necessary labor, equipment, and materials for performing services described herein. These shall be considered incidental to the service and no additional compensation will be paid therefore. I 1.4. The Contractor shall provide loading, pick up and transportation to a bona fide recycling facility on an as needed basis. Pick up shall occur every other week, or as necessary when notified by the City. 1.5. All equipment must be owned or exclusively leased by the Contractor. All equipment will be modern, commercially manufactured and in good working condition and will be subject to Inspection by the City during the term of the contract, by appointment. The 1153 i 1 -2- Contractor agrees to have no markings on either vehicles or containers that Indicate or itend to Indicate any official relationship between the Contractor and the City. 1.6. The Contractor shall agree to pick up all types and sizes of tires delivered to the City Landfill, with the exception of 1) foam filled tires, 2) super singles (16 and 26 ply tires), and 3) off the road (earth moving tires). 1.7. The Contractor shall haul all material removed from the Landfill to a bona fide lire recycling facility. Contractor's hauler shall not be permitted to sort or separate materials at the landfill prior to loading or hauling them from the landfill, other than to remove any of the above listed exceptions. i Contractor's hauling vehicles shall be weighed on the City's scale upon entry to the landfill, and shall be weighed again when loaded and prior to leaving the landfill and a copy of scale ticket will be given to driver at that time. Records of net weight of tires leaving the landfill shall be forwarded to the Contractor on a monthly basis, and shall it be deemed accurate and accepted unless objected to by Contractor within ten (10) days of receipt. 1.9. Access to the Iowa City lire recycling facility will be permitted only during normal landfill hours of operation. Current hours are 6:00 AM to 5:00 PM, Monday through Saturday. ARTICLE 2 RECYCLING 2.1. The Contractor shall recycle tires following generally accepted standards in the Industry. 2.2. The Contractor shall be responsible for all permits, fees, and expenses related to the disposal of any waste material from Its operation which Is not recyclable in a manner consistent with all applicable laws, rules, regulations, etc. promulgated or enforced by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources, or local solid waste disposal facilities. I .3- 2.3. The Contractor's recycling operation, Including storage of materials to by recycled and of recycled materials, shall be conducted on a site which meets the requirements of applicable Federal, State and local laws and regulations, including zoning ordinances. 2.4. The Contractor shall keep an accurate and separate record of the tonnage of all tires received from the Iowa City Landfill. ARTICLE 3 CITY'S RESPONSIBILITIES 3.1. The City shall fence the tire storage area at the City landfill to the satisfaction of the Iowa Department of Natural Resources. 3.6. The City shall provide and maintain suitable vehicular access to the storage area. ARTICLE 4 GENERAL PROVISIONS 4.1. The City reserves the right to terminate this Agreement if the work herein violates any State or Federal law or regulation. 4.2. This Agreement shall remain in effect for a period o1 one year from and after the date of the City's execution thereof. This Agreement may be renewed for additional one year Increments at renewal terms negotiated prior to contract extension. 4.3. This Agreement shall be governed by the laws of the State of Iowa. 4.4. The City and the Contractor, and their respective heirs, successors, executors, administrators, legal representatives and assigns, are hereby bound to this Agreement with respect to all covenants, agreements, and obligations contained herein. 4.5. Neither the City nor the Contractor shall assign or transfer its Interest in this Agreement without the written consent of the other. However, the Contractor may employ such subcontractors as the Contractor may deem appropriate to assist in the performance -4- of services hereunder, subject to the City's approval, which approval shall not be unreasonably withheld. 4.6. This Agreement represents the entire and Integrated agreement between the City and the Contractor and supersedes all prior negotiations, representatives or agreements, either written or oral. This Agreement may be amended only by written Instrument signed by both the City and the Contractor. Nothing contained in this Agreement, nor the performance of the parties hereunder is intended to benefit, nor shall It Inure to the benefit of, any third party. 4.7. If any one or more of the provisions contained in this Agreement, for any reason, are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such Invalid, illegal, or unenforceable provision had never been contained herein. 4.8. Neither the Contractor nor its subcontractors shall employ any person whose physical or mental condition is such that his/her employment will endanger the health and safety of that person, other persons employed by Contractor, or City employees at or users of the landfill. 4,9. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any of Its subcontracts: Contractor agrees not to: (a) Discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, marital status, age, or disability unless such disability is related to job performance of such person or employee. (b) Discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. -5 - ARTICLE 5 COMPENSATION 5.1. The City shall pay a unit price per ton for the removal and recyclying of tires by the Contractor which originate with the waste tire stream received at the Iowa City Landfill. 5.2. The agreed upon unit price is $71.00 per ton of tires. 5.3. The unit price per ton shall be paid for each ton of tires removed from the landfill by Contractor, as measured and determined by scale weight at the Iowa City landfill. 5.4. The City will make payment on the 131h of the month based on the previous month's total scale weight of tires removed for recyclying. ARTICLE 6 LIABILITY 6.1. The Contractor is solely responsible for the means, methods, sequencing and procedures used in fulfilling its obligations under this Agreement and for the safely of Its personnel and Its operations. 6.2. INSURANCE A. CERTIFICATE OF INSURANCE: CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 2. The Contractor shall notify the City in willing at least thirty (30) calendar days prior to any changes or cancellation of said policy or policies. W 0 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to Immediately cancel this Agreement and/or to hall work under this Agreement. B. MINIMUM COVERAGE 1. Any policy or policies of Insurance purchased by the Contractor to satisfy Contractor's responsibilities underthis Agreement shall Include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Class a. Comprehensive General Uability Each Occurrence Act re ate (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 b. Motor Vehicle Uabillty & Property Damage Insurance: Per Person Per Accident (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 c. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to Insurance coverage. 1. The entire amount of Contractor's liability Insurance policy coverage limits, Identified In the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the Insured Contractor i�, -%- becomes liable, or for which the insured assumes liability under the Indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs Incurred by Contractor's Insurer. 2. The entire amount of the Contractor's liability Insurance policy coverage limits shall be payable by the Contractor's Insurer, with no deductible to be paid by, or self -Insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self -Insured retention. 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability Insurance coverages. If Contractor can only provide "claims -made" insurance coverages, then the Contractor must comply with the following requirements: a. If the Contractor changes Insurance carriers, or If Contractor's Insurance coverage is cancelled, during the contract period or within two years after completion of the Agreement and City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's Insurance is cancelled or allowed to lapse during said period, Contractor shall be required to obtain replacement Insurance coverage to fulfill its obligation hereunder. c. II, during said period, Contractor voluntarily changes insurance carriers, or is required to obtain replacement coverage from another -6 - carrier, Contractor shall either purchase left" coverage from Its first carrier effective for a minimum of two years after Inception thereof, or (2) purchase "prior acts" Insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. d. 'Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the Insurance specified in this Agreement, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention that the Insurance which it replaces. S. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's Insurance if not in compliance with the requirements herein provided, and on that basis to declare a default and seek specific performance or termination, as the case may be. 6. In the event that any of the policies of insurance or insurance coverages Identified on Contractor's Certificate of Insurance are cancelled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Agreement, or due to other activities not under this Agreement but covered by the same Insurance, and such losses exhaust the. aggregate limits of Contractor's liability insurance, then In that event the City may in Its discretion either suspend Contractor's operations or activities under this Agreement, or terminale this Agreement. 7. In the event that any of the policies or Insurance coverages Identified on Contractor's Certificate of Insurance are cancelled or modified, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Agreement, or terminate this Agreement. C. HOLD HARMLESS: ENDORSEMENT REQUIRED .. .................... 22 t. The contractor shall indemnify, defend and hold harmless the City of Iowa City and Its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any_ claims, actions, or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from the Contractor's operations under this Contract, whether such operations be by Contractor or by any subcontractor or by anyone directly employed by either of them. 2. It is further specifically stipulated that the Contractor's insurance coverage shall include an endorsement that, with regard to Contractor's insurance coverage, the Contractor shall never assert any claim against the City, Its officers or employees, arising in any way from this Agreement. D. INDEPENDENT CONTRACTOR Contractor's operations hereunder, although subject to the performance standards herein provided, are not subject to City supervision or control. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa, and Contractor agrees never to assert otherwise. This Agreement executed the day and year first above written, in duplicate originals. CITY CITY OF IOWA CITY, IOWA n�^M"_cDonald, Mayor % Attest: //le u� ,� -P. /Cewn� Manan K. Karr, City Clerk State of Iowa ) ) SS: CONTRACTOR By: z ,1J lsanio� J. Ka'szr Proms. Attest: OUe/r�i Ali•\ 116" ............ . .10. Johnson County On this 27 day of June1989 , before me, a Notary Public in and for the State of Iowa, nall persoy appeared John McDonald end Marian K Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument Is the corporate seal of the 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. 89-170 adopted by the City Council on the 27th day of June 19 89, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by Its voluntary executed. 1 i 1 ■ ■ I� RESOLUTION NO. $9-171 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT WITH WESTING- HOUSE SPECIALTY SERVICES, INC. (APTUS) OF COFFEYVILLE, KANSAS, FOR THE PROVISION OF PCB DISPO A� L SERVICES FROM SOLID WASTES DELIVERED TO THE IOWA CITY LANDFILL WHEREAS, the City of Iowa City is undertaking an effort to reduce the volume of solid wastes disposed of at the Iowa City Landfill and to recycle certain materials from the waste stream; and WHEREAS, an agreement has been negotiated with Westinghouse Specialty Services, Inc. (Aptus) to provide PCB disposal services to the City of Iowa City, which agreement, entitled "Aptus Service Agreement," is attached hereto and made a part hereof; and WHEREAS, this City Council has been advised and does believe that it would be in the best Interests of the City of Iowa City to enter Into said Agreement. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CIN OF IOWA CITY, IOWA, that the Aptus Service Agreement attached hereto and made a part hereof is hereby approved as to form and content. AND, BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 27th day of June '1989. ATTEST: ) n4 '.) -k Iia uJ CrTY'CLERK Revised 7/29/88 APTUS SERVICE ACREEHENT On this 29th day of March , 19 89 Aptus, a Pennsylvania general partnership consisting of National Electric, Inc. and Westinghouse Specialty Services, Inc., (hereinafter designated as "Aptus") and City of Iowa City, Iowa (hereinafter designated as "Customer") enter into this mutual agreement according to the provisions set forth below. 1. Services. Aptus shall provide services for Customer according to the provisions of this agreement and such Quotations and other addenda to this agreement (hereinafter designated as "Addenda") as the parties shall agree upon from time to time. Said Addenda shall be deemed attached to and incorporated into this agreement upon their execution by both parties hereto. 2. Waste Characterization. Except to the extent that Aptus characterizes Customer's waste based upon analysis of samples provided by Customer, Customer shall fully inform Aptus of the chemical, physical, and hazardous characteristics of any waste to be managed pursuant -to this agreement prior to Aptus' performance of any services hereunder. 3. Scheduling. Services shall be scheduled according to, the provisions of the Addenda or by mutual agreement of the parties as expressed in writing. In the event performance of services by Aptus hereunder is delayed for more than two hours due to ,Customer's action or inaction, Aptus shall be entitled to reasonable demurrage charges based upon number and type of vehicles and personnel provided. 4. Compensation. Customer shall compensate Aptus for services provided according i to the terms of the Addenda. Unless otherwise provided in the Addenda, Customer shall pay or reimburse Aptus for all state and local sales, use or excise taxes of any kind assessed on the services provided hereunder. If any charge provided for herein is not paid within 30 days of its invoice date, Customer agrees to pay a finance charge of one and one-half percent (1.58) per month, or the highest amount permitted by law, whichever is less, until paid. Customer also agrees, if its account is referred to an attorney for collection, to pay court costs plus reasonable attorney's fees. 5. Term. This agreement shall become effective on the date hereof and shall continue in effect, subject to the provisions of paragraph 16 below, until terminated by either party by giving 30 days' notice to the other. 6. Customer Warrents. Customer represents and warrants to Aptus that: a) any waste samples provided to Aptus or collected by Aptus employees at Customer's direction shall be representative of the particular waste streams sampled; b) any waste characterization provided by Customer shall be true and correct; i c) the physical and chemical composition of the waste transferred to Aptus hereunder shall conform within reasonable ranges to that of the samples or characterization provided to Aptus; d) except to the extent that Aptus takes responsibility for or directs I Customer in the packaging, marking, and labeling of waste, Customer shall package, mark, and label waste in accordance with all applicable governmental laws, regulations, and orders; I e) Customer holds clear title to all waste to be managed hereunder or is authorized by the owner of said waste to arrange for management thereof; f) if waste is PCB -contaminated oil to be chemically detoxified, said oil i) is mineral oil dielectric fluid (transformer oil); i1) contains no more than 5,000 ppm PCBs; i iii) contains no more than 500 ppm water; and I iv) is not a hazardous waste as defined under the Resource Conservation and Recovery Act or associated EPA regulations; g) Customer is under no legal restraint or order that would g prohibit transfer of possession or title to waste to Aptus for transportation, storage, •a - treatment, or disposal; h) Customer will comply with all governmental laws, regulations, and orders respecting the handling, storage, and packaging of the waste to be managed j! by Aptus; Q if any company other than Aptus, including Customer, is to transport waste for management by Aptus pursuant to this agreement, Customer shall require said company to execute Aptus' "Outside Transporter Certification" prior to said company's transporting any waste to a facility owned or operated by Aptus or any of its affiliates; and I ". J) Customer shall provide appropriate access to the work site and any equipment requiring servicing and shall provide the requisite qualified personnel to enable the .timely performance by Aptus of the services contemplated hereunder. 7. Aptus Warranty, I a) Disposal Warranty, Aptus represents and warrants to Customer that: 1. Aptus understands the risks presented to persons, property, and the ! environment in the handling, transportation, storage, treatment, and disposal of wastes to be managed pursuant to this agreement; 2. Aptus is qualified to perform the services hereunder and will do so in a safe and workmanlike manner and in compliance with all igovernmental laws, regulations, and orders; and I 2 C 3. Aptus and any subcontractors employed by Aptus possess and will maintain for the life of this agreement all permits, licenses, certificates, and approvals necessary for the performance of services hereunder.. b) Service Warrantx. Aptus warrants that any service done by Aptus on the Customer's equipment shall be free of defects in workmanship and materials. Aptus shall correct any failure to conform to the foregoing warranty of which it is notified in writing within ninety (90) days of completion of the services. Such correction shall be limited to the reperformance of the service and/or repair or replacement of any equipment damaged due to the negligence of Aptus. It is understood and agreed that, unless otherwise agreed to in writing by Aptus, Aptus assumes no responsibility with respect to the suitability of the Customer's equipment or with respect to any latent defects in the same. c) The foregoing warranties and remedies are exclusive and in lieu of all other warranties and remedies whether statutory, express or implied, including all warranties of merchantability and fitness for particular purpose and all warranties arising from course of dealing or usage of trade. 8. CusSomer Indemnification. Customer shall indemnify, save harmless and defend Aptus and its employees and subcontractors from and against all liabilities, claims, penalties, demands, fines, forfeitures, suits, causes of action, and the costs and expenses incident thereto (including, without limitation, costs of defense, settlement, and reasonable attorney's fees) which they may incur, become responsible for, or pay out as a result of death or bodily injury to any person, damage to any tangible property, adverse effects on the environment, or any violation of law arising directly or indirectly out of or in connection with Customer's breach of any term or provision of this agreement or any negligent or willful act or omission of Customer, its employees, or subcontractors in the performance of this agreement. 9. Aptus Indemnification. Aptus shall indemnify and save Customer (including its employees) harmless from and against any expense, loss or liability caused by or resulting from the failure of Aptus (or its subcontractors) to fully comply with applicable federal, state, or local laws, statutes, regulations, or governmental directives which regulate the handling, transportation, storage, or disposal of the waste hereunder and from all claims, suits and liability for loss of or damage to any tangible property or persons (including death) caused by any negligent or willful act of Apcus or its subcontractors during the handling, collection, transportation, storage, or disposal of the waste hereunder. Following the loading of waste on Aptus' vehicle and departure from Customer's site, title, responsibility, and risk of loss for the waste shall pass from Customer to Aptus, and Aptus shall defend, indemnify and hold Customer harmless for any subsequent damage, expense, loss, fines, or other liability connected with the waste, including but not limited to adverse effects on the environment. Aptus and Customer shall, in the event of liability arising out of their joint negligence or willful acts, be liable to the other and any damaged third party in proportion to their relative degree of fault. 3 10. Liability. Aptus, its contractors and suppliers of any tier, shall not be liable for loss of profits or revenue, loss of use of equipment or power system, cost of capital, cost of purchased or replacement power or temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of the Customer, or for any special, indirect, incidental, or consequential damages, excluding damages for adverse effects on the environment, whether based in contract or in tort, including negligence or strict liability. 11. Insurance. Before performing any services hereunder, Aptus shall obtain and maintain for the duration of this agreement, at its own expense, at least the following insurance: v e a) Worker's Compensation b) Employer's Liability c) Commercial General Liability (bodily injury and property damage -CSL) d) Excess Liability (bodily injury and property damage -CSL) e) Automobile Liability (bodily injury and property damage -CSL) f) Environmental Impairment Liability (Sudden/accidental and non-sudden/gradual) Limits Statutory $1,000,000 $1,000,000 General Aggregate $1,000,000 Products -Completed Operations Aggregate $9,000,000 Each Occurrence $9,000,000 Aggregate $5,000,000 per Occurrence $3,000,000 Each Loss $6,000,000 Aggregate g) Contractors Pollution Legal $1,000,000 per Claim Liability $2,000,000 Aggregate Upon Customer's request Aptus shall furnish Customer with a Certificate of Insurance evidencing compliance with this paragraph. 12. Non-conformine Waste. Aptus shall have the right to reject or revoke acceptance of any waste that docs not materially conform to the characterization or sample provided to Aptus by Customer. Aptus may reject waste at any time prior to accepting possession. If Aptus accepts waste hereunder, but determines within a reasonable time thereafter that the waste is non -conforming, Aptus may revoke acceptance of such non -conforming waste, in which case Customer shall pay, as applicable, (1) the cost of transportation to Aptus' facility; (ii) the cost of return transportation from Aptus' facility to Customer's premises; and (iii) other reasonable charges incurred by Aptus with Customer's prior consent. If Aptus rejects or revokes acceptance of any waste, it shall immediately orally notify Customer of such rejection or revocation of acceptance and the manner in which the waste is non -conforming and shall 4 confirm such oral notification in writing within ten business days. In the event of any such rejection or revocation, Aptus shall also, with Customer's assistance and approval, pursue all othor reasonable means of managing the waste. Title, responsibility, and risk of loss for non -conforming waste shall remain with Customer until Customer and Aptus agree upon appropriate management of said non -conforming waste by Aptus. Until such time, Aptus shall be responsible only for its own negligent or intentional acts with respect to non- conforming waste. 13. Force Majeure, Delay or failure of either party in the performance of its obligations hereunder shall be excused if caused by circumstances beyond the control of the party affected, including, without limitation, acts of God, strikes, fire, flood, windstorm, action or request of governmental authority, and inability to obtain material, equipment, or services, provided that a prompt notice of such delay or failure is given and the affected party diligently attempts to remove the cause, 14, Confidentiality, Aptus and each of its employees, agents and subcontractors shall treat as Customer's property, and as confidential and proprietary to Customer; (i) this agreement and all of the information set forth herein; (ii) all information, data, documents and the like obtained from Customer, or provided by Customer, as a result of a site visit or otherwise (unless such information, data, documents and the like are currently in Aptus' possession or are otherwise available to the public); and (iii) all information, data, documents and the like generated in the performance of the services hereunder. None of the information, data, documents and the like described in items (i) through (iii) above shall be disclosed or divulged to third parties without Customer's prior written consent, except as required by law. 15, Independent Contractor. Aptus is and shall perform this agreement as an independent contractor and as such shall have and maintain exclusive control and direction over all of its employees, agents, and operations. Except as specifically provided in a letter of authorization, neither Aptus nor anyone employed by Aptus shall be, act, purport to act, or be deemed to be Customer's agent, representative, employee, or servant. Aptus assumes full and exclusive responsibility for the payment of all premiums, contributions, payroll taxes, and other taxes now or hereafter required by any law or regulation as to all personnel engaged in the performance of this agreement and agrees to comply with all applicable laws, regulations, and orders relating to social security, unemployment compensation, OSHA, affirmative action, equal employment opportunity, and other laws, regulations, and orders of like nature. For any work hereunder subject to Executive Order 11246 (Equal Employment Opportunity), the Vietnam Era Veterans Readjustment Assistance Act of 1974, or the Rehabilitation Act of 1973, the parties hereto shall comply with all provisions thereof together with all applicable rules, regulations, and orders of the Department of Labor, and the notices required pursuant to 41 C.F.R. 60-1.4, 60-250.4, and 60-741.4 are hereby incorporated by reference into this agreement. 16. Caneellat on, Either party may cancel this agreement immediately upon notice to the other party, and without incurring any liability to that party if such other party a) violates any provisions of this agreement; 5 11t` 3:7 b) has been adjudicated bankrupt; I i c) has filed a voluntary petition in bankruptcy; d) has made an assignment for the benefit of creditors; or e) has had a trustee or receiver appointed for it. 17. Non -waiver. The waiver by one party of any breach or default hereunder by the other party shall not operate or be construed as a waiver by that party of any other or subsequent breach or default. 18. Subcontracts. Aptus may at any time, upon written notice to Customer, delegate orally or in writing the performance of services hereunder, or any portion thereof; provided, however that Aptus may not, without the prior written consent of Customer, cause the disposal of waste materials at any facility other than that specified in the applicable Addendum. Any such delegation shall not operate to relieve Aptus of its responsibilities hereunder, and notwithstanding any such delegation. Aptus shall remain obligated to Customer in these undertakings. Except for the right to payment, neither party may at i any time assign its rights under this agreement. !t 19. Non -exclusivity. This agreement shall not be construed as granting to Aptus the exclusive right to manage waste for Customer. Customer reserves the right to contract with other parties for such services as it deems necessary. 20. Survival. Paragraphs 6, 7, 8, 9, 10, and 14 shall survive termination or expiration of this agreement or the services or duties to be performed hereunder. 21. Applicable lay. This agreement shall be governed exclusively by the laws of the State of Minnesota. 22. Severability. If any provision hereof is found to be illegal, invalid, or unenforceable, for any reason, such finding shall not affect the other f provisions hereof. 23. Entire Agreement. This agreement contains the entire and only agreement between Customer and Aptus respecting the subject matter hereof. It supersedes all prior or conflicting agreements, representations, promises, or conditions, including any conflicting provisions contained in purchase orders submitted by. Customer hereunder. Any'modificatlon of this agreement must be in writing and signed by both parties and must expressly indicate an intent to modify this agreement. The terms of this agreement and any Addenda shall be read and interpreted, if possible, so that there is no conflict among them. To the extent there is such conflict, the terms of the applicable Addenda shall prevail. 24. Notices. Unless otherwise indicated, all notices pursuant to this agreement, except for notices under paragraph 16, shall be sent in writing by certified mail, return receipt requested, or by facsimile machine (FAX), addressed as follows: 6 ` To Aptus: 21750 Cedar Avenue. Box 550 Lakeville Minnesota 55044 Attn: General Counsel FAX No. 612/469-5091 To Customer: City of Iowa City 410 East Washington Iowa City, IA 52240 Attn: Floyde Pelkey FAX No. Any notice transmitted by mail shall be effective as of the date mailed. Any notice transmitted by FAX shall be effective upon actual receipt. Notices pursuant to paragraph 16, may be given by telephone, but must be confirmed in writing within ten business days. , Agreed to by Aptus and Customer as of the d�'/�t date first written above. For Aptus: A. s 'f1' 4&, Name and Title: Gary Fuller- SalesYdanager Date: March 29, 1989 For Customer Name and Title: Date: 7 AITVS WroromwntalSemaea No. C 18144 Hghwry North 169 N P.O. Bos 1328 Coffeyville. KS 67337 3162616368 E.P.A. ID COD NO. 4 TO: City of Iowa City FAX 316 2611096 TAN)Ui 410 East Washington KSD 980964993 Iowa City, IA 52240 MND981190242 QUOTATION ATTENTION: Floyde Pelkey PHONE: 319/356-5183 INQUIRY NO: DATE: March 29, 1989 DESCRIPTION We are pleased to submit the following quotation as requested which is subject to terms and conditions as stated on reverse side. APTUS will pick-up, transport, and properly dispose of PCB contaminated capacitors for the City of Iowa City, Iowa. The capacitors will be shredded and incinerated in strict accordance with EPA regulations set forth in 40 CFR 761.60. The capacitors must be in DOT approved shipping containers. Owner is responsible for loading the approved shipping containers onto APTUS' disposal vehicle. APTUS will allow two (2) hours for loading time. After .that time, a minimum charge of $75.00 per hour will be charged in addition to the prices quoted below. HTotal cost includes pick-up, transportation, labor, manifest, disposal costs, and Certificate of Destruction. MATERIAL SPECIFICATIONS Light Ballasts and Capacitors for Incineration COST: $1_60 per pound or $800.00 Whichever cost is greater Prices are based on specifications provided to Aptus. Prices are subject to change 11 actual specifications differ. We are an Equal Opportunity Employer Net 30 days from DELIVERY:Per Schedule F.O.B. Date of Invoice TERMS:. QUOTE IS VALID FOR 30 DAYS: ALL WORK MUST BE SCHEDULED TO BE COMPLETED PRIOR TO ORA TIME MUTUALLY AGREED UPON.r na-a aso uCalt;nHLctU rUD OISPOSal j TRANSPORT: vehicle via best route. T/S/D FACILITY: EPA Approved ACCEPTED BY: TITLE: BY: P.O. NO.: Aptus . Randy Betker -Sales Representative 4'^ss„+ WHITE - GREEN — YELLOW PINK — -- GOLD TERMS AND CONDITIONS 1. Waetl Chanct111zatlon. Except le the extemihal Aplus characterizes Cualomera waale based - {'• Servifullitces Chemical. Physical. and hazardous charaderiatios of anywasle to be Managed pursuant to this Quotation priorbVC.,tomer.Cu3jorner Shall to Aplus' Pedormanee of any eervfces hereunder. 2. Scheduling. Selvicesahall be scheduled as indicated on the lace hereolor by mutualagreementol the Parliesaa expressed in wrilingAn the event performance of ServicesbyAplus hereunder is delayed for more than two hours due to Customers action orinacllon,AptusShall be entitled to reasonable demurrage charges based upon number and type of vehicles and personnel Provided. 3. cmbum utlon,-CuslomershallcompensateAptuslorsomices Providedat the rates set forthon the face hereof. Unless Otherwise Provided,Customershall payor reimburaeAptusforall slate and local sales, use or excise taxes of any kind assessd on the services provided hereunder. II any charge provided for herein is not Paid within 30 days of Its Invoice dale, Customer agrees to pay a finance charge of one and onwhall percent (1.5%) per month, or the highest amount permitted by law, whichever is less, until Paid. Customer also agrees, it its account Is referred to an attorney for collection, to pay court coals plus reasonable attorney's lees. 4. Customer Warranty• Customer represents and warrants to APtus then' ' Z,- . ', •- e) the physical and chemical composition of lhewesle transferred to Aplua hereunder shall Conform within reasonable ranges to that of the Samples orcharac• terization provided to Aplus; b) except to the extent that Aptus takes responsibility for or directs Customer In the packaging,marketing. and labeling of waste, Customer shall package, mark and label waste In accordance with all applicable governmental la_ws_regulallons, and oNem; end - . cl Customer shallprovideappropriate access totheworksile and anyequiDment requiring servicingand shall provide the requisite qualified personnel toe able the lamely performance byAptus of the services contemplated. hereunder._ 5. Aptus Wamnry. -_ __.__.._... .- .... a) DAPosai Wamnry, Aptus represents and warrants to Customer that:-. - - 1. Aptus understands the risks presented to persons, Property, and the environment in the handling, transportation. torage,trealment,anddispoSalol wastes to be managed pursuant to this Quotation; 2. Aplus Is qualified to perform the services hereunder and will do so in a safe and workmanlike manner and In compliance with all governmental laws, regulations, and orders; and 3. Aplus and any subcontractors employed byAPtus possess and will maintain lot the dutatlon of services hereunder all permits, licenses, certificates, and approvals necessary for the performance of services hereunder. b) Ssmin Wamnry, Aplus warrants that anyservice done byAptus on the Customers equipment shall be free of defects In workmanship and materials. Aptus shall correct anylallure to conform tothe foregoing warranty of which 11 is notified. In writing within ninety (90) days of completion of the servlces.Suchcorrection - Shall be limited to the IsPedormanceof theseryIce and/or repair or replacement of any equipment damaged due to the negligence of Aplus. It is understood and agreed that, unless otherwise agreed to in writing byAplua,Aptusassumes no respnnsibililywilh respect to thesuilabilily of the Customer's equipment orwith respect to any latent defects in the Same.:. Of Sefroflll Werfanry, Aptus warrants that anyunits retrofitted pursuan[ 10this Ouolationwlllachieve reclassification es specified onthe face hereof ellerninely assumes ofenergizedserviceor any such s bsequ10 ntn crease In Packnowledges that units maybecome recontaminatedsubsequent toreclasslllcalion.Aptut assumes no responsibility for any such subsequent Increase In PCB concentration. d) Lab Warranty, Aptus warrants that any laboratory test results shell be accurate, provided, however, in the event of an error In any analytical testing. Aplus' liability shall be limited to reimbursement of Customer for the amount charged ler the test only. Any errors In Aptus laboratory results must be verified by lest resullstrom an Independent IaboratorysubmittedloAptusalongwllh copiesof theanalysismelhodemployedlor comparison to Aplus'method.Anydillerence' In lest results must be greater than twenty percen1(20%) to be considered statistically significant. e) Theloregoing we hentles and remedies are exclusive and in lieu of all olherwarranliesand remedies whether statutory, express orimplied. Including all warran. ties or merchantability and fitness for Particular purpose and all warranties arisingtrom courts of dealing or usage of trade. S. Customer Indemnification. Customer shall indemnify, Save harmless and defend Aptus and Its employees and subcontractors from and against all liabilities, ! claims, penalties. demands, lines, forfeitures. su Ila, ca uses of action, and the costs and expenses Incident thereto (including, without limitation, costs of defense, se:- tlement, and reasonable attorney's lees) which they may Incur, become responsible for, or pay out as a result of death or bodily injury to any person, damage to any tangible property, adverse effects on the environment. oranyviofalIon of law arising directly or Indirectly out of or in connection with Customer's breach of any term or provision of this agreement or any negligent or willful act or omission of Customer, its employees, or subcontractors, 7. Aptus Indemnification. Aplus shall Indemnify and save Customer (including its employees) harmless from and against any expense, loss or liability caused by or resulting from the failure of Aptus )er its Subcontrectore) to fully comply with applicable federal. slate, or local laws, statutes, fegulatlona, or governmental directives which fegulato the handling, transportation, storage, or disposal of the waste hereunder and from all claims, suits and liability for loss of or damage to any tangible Property or persons (including death) caused by any negligent of willful act of Aptus or its Subcontractors during the handling,collection. transportation. storage. or dispoaalof the waste hereunder. Following the loading of waste onAptuS'vehicle, title, responsibility. and risk of loss for Ihewaste ahall pass from CustomertoAptus, andAptusshall defend, Indemnilyand hold Customer harmless for any subsequent damage.expense,loss,lines. or other liability connected with Ihewaste,including but not limited to adverse effects on the environment. Aplus and Customer shell, in the event of llablllty arising out of their joint negligence or willful acts, he liable to the other and any damaged third party In proportion to their relative degree of fault. 11-V c:-ec.:•,;, , S. liability. Aplus,Ils contractors andsuppllureolanyller,shallnol be liable (00013 olprolilaor revenue,loss of use of equipmentorpowerayslem,cost olcapilakcoat --of purchased or replacement power ortempomry equipment (including additional expenses Incurred In using existing facilities), clalal customers of the Cus- tomer, or for any spoclel, Indirect, incidental, or consequential damages, excluding damages for adverse sheets on the environment, whether based In contract or in fort, including negligence or strict liability. g. Nonconforming Wuts. Aptueshallhovelhe right to rejector revoke acceptanceotznywasto that does notmalerlally conform to the chaiacterizelion orsamp9 ProvidedlOAPluS by Customer. Aplus may reject waste at any time prior 10 accepting possession:IfAptus accepts waste hereunder-. but determines within o reason; able time thereafter that thewasto lsnon•conforming,Aplue may revoke acceptance dlsuchoon-conlormingwaste;lnwhich eastiCustomershatlPoy,os applicable. 0) the cost of transportation to Apes' facility; 01) the cost of return'tronspbrtallon ((am Aplds';facility to Customer's premises; and (10) other reasabeblebharges- Incurred by Aptus with Customer's prior consent. Title, responsibility, and risk of loss for non-eonlorming waste shall remain wilh Customer unless Customer and Aplus agree on alternative, management of the waste- 10.:Forty Majeuri.-Deleyoilellurool etlh-erpartylnthspsdormsncoefitsobliporior shohoreunderehell Deextuse0ilcausedhyUrcumplences beyondlheconlrolotIna party affected, Including, without limitation, acts of God,strlkes, fire, flood, windstorm, action or request of governmental aulhority�entl inability to obtain me{enal,.- equlpmenl, or services, Provided theta prompt notice of such delay or lettuce Is Blvan antl U ollecletl partytlillgont_Y allompts to remove Iho Saute, 11. Subcontracts. Aptus may al any time, upon written notice to Customer, delegate orally or in writing the performance of Iho services hereunder, or any portion specified. e provitled, however, that hall n may not, B to reel Iho prior written consent of Customer, cause the disposal of wasip malerials at any facility other than thal obligatAny Such er in t eseion shell not o gs,Ex a relieve Aright of its respontiibililles hereunder, and notwithstanding any such delegation, Aplua shall rema,n obligated to Customer In these undertakings, Except for the right to payment, nslthar party may al any time assign its rights under this apreamenl. 12. Inconslelant Provl11on1. In Iho event Customer ts aubmlls a purchase order for the services described on the lace hereof and said purchase order contains terms and conditions Inconsistent with the forma and condillons of lhls Ouolatlon, Iho terms and conditions of this Ouotation shall control. .. t'U;s�x�_-—...._— 3TIH51' —_ /luf5a" 1 11 i NITUS Apms Ewrenmental Senices P.O. Baa 1328 Coffeyville. KS 67337 (316)251.6380 FAX 13161251.7498 I CAPACITOR DISPOSAL APTUS only shreds and incinerates capacitors. Capacitors must be banded down on pallets or packaged in D.O.T. approved 17H drums. If capacitors are placed in a drum, there must be enough absorbent material to absorb all the liquid contained in the capacitors if they were to leak. All leaking capacitors must be placed in D.O.T. approved 17H drums with locking ring bolts for shipment. APTUS prefers that all capacitors be placed in drums, but will pick up capacitors on pallets. If capacitors are on pallets, they must be full-size and made of solid wood. Capacitors must be in a upright position not extending over the edges of the pallet. Capacitors on pallets can not be double stacked. Regardless of whether on a pallet or in a drum, each capacitor must be labeled with a greater than 500 ppm PCB sticker and have the storage date written on it. Capacitor disposal Is priced by the pound so all that is needed for a price quotation is the approximate weight and approximate number of shipping containers. 11550 i Apms Ewrenmental Senices P.O. Baa 1328 Coffeyville. KS 67337 (316)251.6380 FAX 13161251.7498 I CAPACITOR DISPOSAL APTUS only shreds and incinerates capacitors. Capacitors must be banded down on pallets or packaged in D.O.T. approved 17H drums. If capacitors are placed in a drum, there must be enough absorbent material to absorb all the liquid contained in the capacitors if they were to leak. All leaking capacitors must be placed in D.O.T. approved 17H drums with locking ring bolts for shipment. APTUS prefers that all capacitors be placed in drums, but will pick up capacitors on pallets. If capacitors are on pallets, they must be full-size and made of solid wood. Capacitors must be in a upright position not extending over the edges of the pallet. Capacitors on pallets can not be double stacked. Regardless of whether on a pallet or in a drum, each capacitor must be labeled with a greater than 500 ppm PCB sticker and have the storage date written on it. Capacitor disposal Is priced by the pound so all that is needed for a price quotation is the approximate weight and approximate number of shipping containers. 11550 ORDINANCE NO. 89-3422 AN ORDINANCE AMENDING CHAPTER 23, ENTITLED 'MOTOR VEHICLES AND TRAFFIC', OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 23-189 THEREIN TO CHANGE SPEED LIMITS ON PARTS OF NORTH DUBUQUE ROAD AND SCOTT BOULEVARD BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That Chapter 23, "Motor Vehicles and Traffic' of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 23.169, and enacting In Ileu theeof a new section to be codified the same to read as follows: Sec. 23-169. Exceptions to speed limits. Upon the basis of an engineering and traffic Investigation, the following maximum speed limits are hereby determined and declared reasonable on the following streets or portions W streets, when signs are erected giving notice thereof. Max. Speed Umit Name of Street (MPH) Where Limit Aoolles Benton Street 35 From the Intersection of Keswick Drive to the Intersection of Monson Trek. Dubuque Street 35 From a point Just north of the Intersection with Kimball Road north to the city limits. First Avenue 25 From the Intersection of Bradford Drive south to the Intersection of U.S. Highway 6. Gilbert Street 30 From the Intersection of Burlington to a point one thousand eight hundred (1,800) feet south of the Intersection of Highway 6. Gilbert Street 35 From a point one thousand eight hundred (1,800) feet south of the intersection with Highway 6 south to the city limits. Iowa Highway 1 50 From a point two hundred (200) feel southwest of the Intersection of Sunset Street to a point one thousand nine hundred (1,900) feet west of Miller Avenue. Ordinance No. 89-3422 Page 2 Iowa Highway 1 45 From a point one thousand nine hundred (1,900) feet west of the Intersection of Miller Avenue to a point two hundred and fifty (250) feet west of Miller Avenue. Iowa Highway 1 35 From a point two hundred and frity (250) feet west of Miller Avenue to a point two hundred (200) feet west of Orchard Street. Iowa Highway 1 30 From a point two hundred (200) feet west of Orchard Street to the Intersection of U.S. Highway 6, 218 and Highway 1. Iowa Highway 1 25 From its intersection with (Burlington St.) Highways 218 and 6 to a point 150 feet east of Van Buren St. Iowa Highway 1 45 From the Intersection of N. Dubuque Road to a point six hundred (600) feet south of the City limits. Iowa Highway 55 From a point six hundred (600) feet south of the city limits to the city limits. Melrose Avenue 35 From the Intersection with Emerald Street west tothe west city limits. Mormon Trek 35 From the Intersection of Melrose Avenue to the city limits. Muscatine Avenue 35 From a point one hundred (foo) feet east of the Intersection with Juniper Drive to the city limits. North Dubuque 35 From the Intersection of Iowa Road Highway 1 (Dodge Street) to Scott Boulevard. Park Road 25 From the Intersection with Rocky Shore Drive east to the Intersection with North Dubuque Street. Rochester Avenue 35 From the Intersection whit First Avenue east to the city limits. Rohret Road 35 From the Intersection with Mormon Trek Boulevard west to the City limits. Ordinance No.89-3422 Page 3 Scott Boulevard 35 From the Intersection with North Dubuque Road south to , I 0. From the Intersection with U.S. Highway 6 south to Gleason Ordinance No.89-3422 Page 3 Scott Boulevard 35 From the Intersection with North Dubuque Road south to U.S. Highway N6. Sycamore Street 30 From the Intersection with U.S. Highway 6 south to Gleason Avenue. Sycamore Street 30 From the intersection with Burns Avenue south to the city limits. U.S. Highway 6 55 From the city limits to a point five hundred (500) feet west of Heinz Road. U.S. Highway 6 45 From a point Me hundred (500) feet west of Heinz Road to a point five hundred (500) feet west of Fairmeadows Blvd. U.S. Highway 6 40 From a point five hundred (500) feetwest of Fairmeadows Blvd. west to a point four hundred and fifty (450) feet east of Keokuk St. U.S. Highway 35 From a point four hundred and fifty (450) feet east of Keokuk St. west to a point seven hundred (700) feet east of the Intersection of U.S. Highway 6, 218 and Iowa Highway 1. U.S. Highway 6 30 From a point seven hundred (700) feet east of the Intersection of U.S. Highways 6, 218 and Iowa Highway 1 west and north to a point one thousand one hundred fifty (1,150) feet west of the Intersection with Riverside Drive. U.S. Highway 6 35 From a point one thousand one hundred fifty (1,150) feet west of the Intersection with Riverside Drive west to the city limits. U.S. Highway 218 50 From the south city limits to a point one thousand sbc hundred (1,600) feet north of the south city limits. Ordinance No. 89-3422 Page 4 U.S. Highway 218 45 From a point one thousand sb( hundred (1,600) feet north of the south city limits to a point eight hundred (800) feet south of the Intersection with U.S. Highway 6 and Iowa Highway 1. U.S. Highway 218 30 From a point eight hundred (800) feet south of the Intersection with U.S. Highway 6 and Iowa Highway 1 north to the intersection with U.S. Highway 6 and Iowa Highway 1. SECTION II. REPEALER. All ordinances and pans of ordinances In conflict with the prwlslorn of this Ordinance are hereby repealed. These are: Ord. No. 77.2835, § 11, 5.10.77; Ord. No. 78-2929, §2, 10.24.78; Ord. No. 813030, § 2, 7-28- 81; .2681; Ord. No. 823059, 5 2, 4.2782; Ord. No. 833156, § 2, 10- 25-83; Ord. No. 843168, § 2, 1-17-84; Ord. No. 843190, § 2, 6.19.84; Ord. No. 843192, § 2, 73-84; Ord. No. 853221, §2, 1-15-85; Ord. No. 853235, § 2, 5.21-85; Ord. No. 863306, 152, 1246-86; Ord. No. 863307, § 2, 12.1686; Ord. No. 873317, § 2, 4-21-87, SECTION III. SEVERABILITY. If any section, provision or pan of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or arty section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect alter its Mal passage, approval and publication as required by law. Passed and approved this 27th day of Ame, ATTEST: Aadx._ 2? YG2t tJ CITY CLERK Appr ad a Form 6/7/% Legal Department It was moved by Balmer and seconded by Ambrisco that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Ambrisco Balmer xCourtney x_ Horowitz -�_ Kubby Larson McDonald ` First Consideration 6/13/89 j Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None. Second Consideration - - Vote for passage: I' �I II; - Date published 7/5/89 Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two II Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby. Nays: None. Absent: None. i i i RESOLUTION NO. 89-172 y RESOLUTION AUTHORIZING THE ACQUISITION OF THE REMAINING TEMPORARY $ CONSTRUCTION EASEMENTS AND PERMANENT SEWER EASEMENTS FOR THE ++ SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2, SEWER f CONSTRUCTION PROJECT. WHEREAS, the City of Iowa City has undertaken a project to make major improvements to its wastewater collection and treatment system, including the construction of a new South Wastewater Treatment Plant and a new interceptor sewer line to transport wastewater to said plant, which sewer construction project is known as the Southeast Interceptor/Ralston Creek Segment Sewer Project; and WHEREAS, this City Council has been advised and has determined that the acquisition of certain easements are necessary for the construction of said public improvements and are for a necessary public purpose; and WHEREAS, pursuant to Resolution No. 89-78 adopted April 18, 1989, this City Council did authorize the acquisition of certain easements and property interests for 18 of the 25 parcels affected by the Southeast Interceptor/Ralston Creek Segment, Phase 1 project, and for 4 of the 20 parcels affected by the Phase 2 project, as determined by the City's appraisers and set forth therein; and WHEREAS, the acquisition values for easements on certain of said parcels have since been amended and revised by this City Council pursuant to Resolution Nos. 89-98, 89-137, 89-138 and 89-139, and purchase offers have been made on that basis; and WHEREAS, appraisals and revised appraisals have been completed for the acquisition of the remaining easements for the Southeast Interceptor/Ralston Creek Segment, Phases 1 and 2, Sewer Construction Project; and WHEREAS, City staff should be authorized to acquire said easements at the best overall price and cost to the City as reflected in said appraisals and as shown in Exhibit A hereto. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager or his designee is hereby authorized and directed to negotiate the purchase of said easements for the Southeast Interceptor/Ralston Creek Segment, Phases 1 and 2 Sewer Project, designated as Parcels SIRC1.01 through SIRC1.25, and as Parcels SIRC2.01 through SIRC2.20, at the appraised values indicated on Exhibit A hereto, or at such higher value as this Council may hereafter approve. AND BE IT FURTHER RESOLVED that in the event such easements cannot be acquired by negotiation at the appraised values indicated on the accompanying exhibit, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such easements. //Sit Resolution No. 89-172 Page 2 It was moved byAmbr' and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y, Ambrisco X Balmer R Courtney X Horowitz X Kubby X Larson R McDonald Passed and approved this 27th day of June 1989. YOR j Mvel, Legal Department i j i j i i r II I. 1 f L L f "L F L F C C l U 7 C F F H N Y c V L N a l Y H Y V N N JN -1 Y Y Z J r -I 0 N 0 W C N 0 OI 0 N 0 01 0 N N E M ./ cT N Q LO .i n .•I Y Ol N O N .O _ M N t W U G a N U f-• N H U FI N N U H N E W it it O O O O O O O O O O ^ 84 V} i4 L4 V} 64 V} 64 N M an � O O M LN�1 M N N N N 44 VF M it 0 0 0 0 0 0 L+[l � n� W M N W O tN0 N N H M N N Y H Y V N N JN -1 Y Y Z J r -I 0 N 0 M 0 C N 0 l0 0 0 N 0 01 0 N N E M ./ cT N N H LO .i n .•I W Ol N O N H N N N M N ct N W U G a N U f-• N H U FI N N U H N E E E E E E N U [L' 11 N •-1 U [Y •••I N H U [Y Iti N H U H . N N U . N 0 N U . N w H U . N 0 N U . N 0 •-1 U C F4 N LO MMOj U u K 0 N ro N U H . N m H U . H N Ol .-1 H •.y z W m m m m b m y W W W W W W W L 00 00C3 C00 A ~ W O O O O O O •O • y O O O p U Z Z Z Z V N L > > > > > > C C C 0 Y a'U Y O 000 •1 J0 C Y Y Y Y Y Y Ln W ¢ N i+ Z > y C U N L F- C N C C C C C W W W p aaaNiv M U Y Y Y Y U U" U U U U INo W L C E C E C E C E L W z WO y O O O W E o cT• L L - ro W W W W W ro ro ro W ro L N h N N L. L L L L L 4Ju O W Itl ro W O O O O O O a w w w w a a a a a s 4J W W W N > > > > C N c c c c C c W W W W H o o o o F -F Y U U Y - 'O i Y Y Y V V •O 9 V V C c u u u u c c c c c c L W i z � L ro ro m ro m ro W N L Y Y Y cam. Y L L L L L L o W N 0 N o N W N ro L O N W K[Y LL'a. x k +� a W 3 c c C c 3 3 3 3 3 3 w W O O O O W W W W W W N U U U U N N N N N N Y Y T T T T Y Y Y Y 4Y Y c C L L L L C C C C C C o W W ro ro 10. W W W W W W L C L L L L C C C C C C W w W o 0 0 0 W w W ro W le ro N' E E E E E i w o o w w o N E N LE. U U L L U a N N U Y Y Y T T T Y Y F FW- Fa FW- a Li a Li a a O O M LN�1 M N N N N 44 VF M it 0 0 0 0 0 0 L+[l � n� W M N W O tN0 N N H M N N W L Y u N p N W E W E K Y M h I+J ro N \ WC L 9 N U U T r W C C N b C L C Y T o1 L a o W s c W L h c 3 W ro 0 W C L L Y N a M N 3 E O W L .0 Y u M L 3 O N C r h ro Y C W L W r W 00 E c W u c C C O O M N C C W W Y O O W Ip WO O O O W o L N o W W Z 2 W N CO w J J a L:1 w �" 2 t0 w O X M U O M 7 a In Y Z J r -I 0 N 0 M 0 C N 0 l0 0 0 N 0 01 0 N N N N M ./ cT N N H LO .i n .•I W Ol N O N H N N N M N ct N W U G a N U f-• N H U FI N N U H N N U ••y N H U 1-4 N N U 11 N N N U 1ti N u U LY H N N U [L' 11 N •-1 U [Y •••I N H U [Y Iti N H U H . N N U . N 0 N U . N w H U . N 0 N U . N 0 •-1 U C F4 N LO MMOj U u K 0 N ro N U H . N •-1 U C H N H U . H N Ol .-1 H •.y W 1 1 1 1 00 00C3 C00 O • O O O p U Z Z Z Z L C C C 0 Y O 000 •1 J0 C Y Y Y i+ Z > y N U N N W N O O O W T W W W W p aaaNiv m - rn In In c Lr s � INo W ILd L W W W WO O O O W E o Y Y Y y O o oY Y Y yl u_ I-- 4Ju u +' W M rob' ro 4J N > > > > C N C C c C 6a60• O U N W O U Y Y Y U U Y Y UY N N N y u C C C C C C N N N N LT- ¢ LT.. E E E L z E E L E >>> j ro L T ro L W N W N W N ro L ro L W W ro W W W W y o L o W W W o o N W N ro L O N W K[Y LL'a. x k +� a W ro o a a w w w a a w w Y c a w it c c C W E c c W c W V Y Y 'O •O Y Y 0 b Y c F- c u u u c c u u W c u m m o o p ro to 0 o w ro o L L L Y Y Y L L Y Y L L Y W w W w W w N o VI o N a W w W N N W W N' w o o w w o N N N U U U N N U U N N U Y Y Y T T T Y Y T T Y Y T C C C L L L C C L L C C L W W W W W ro W W W ro W W' W C C C L L L C C L L C C L W E E E ro E o a 0 a o W E ro E o a o a ro E E E o a L L L E E E E t L E E L L E a H H M. M. H a a H FW- a s FW W L Y u N p N W E W E K Y M h I+J ro N \ WC L 9 N U U T r W C C N b C L C Y T o1 L a o W s c W L h c 3 W ro 0 W C L L Y N a M N 3 E O W L .0 Y u M L 3 O N C r h ro Y C W L W r W 00 E c W u c C C O O M N C C W W Y O O W Ip WO O O O W o L N o W W Z 2 W N CO w J J a L:1 w �" 2 t0 w O X M U O M 7 a i 1. I _ 1� IL , 1� II II Z J r -I 0 N 0 M 0 et 0 N 0 l0 0 0 N 0 01 0 N N N N M ./ cT N N H LO .i n .•I O .y Ol N O N H N N N M N ct N W U G a N U f-• N H U FI N N U H N N U ••y N H U 1-4 N N U 11 N •-I U FY N N U 1ti N u U LY H N N U [L' 11 N •-1 U [Y •••I N H U [Y Iti N H U H . N N U . N 0 N U . N w H U . N 0 N U . N 0 •-1 U C F4 N u U I••I . N U u K 0 N H U . F4 N N U H . N •-1 U C H N H U . H N i 1. I _ 1� IL , 1� II II ' S J N O O W W O: wew m Ho.c hF-o Qr HZd c o.w U4 D O W Z W M= c = O U ui o 0 0 o In o 0 0 0 o In o 0 0 to o 0 o In In In t0 n H v cn In N o t0 W C• K tD O' O N O\ O N al H N H "'•t H VF a N n tc H H H N H W Vt 64 y} M M 64 V} b4 w W w w 00 NOV W WZoo N WW 1 -Mu 1 HZdUZ O O O O Y - ' .. mowo. _... Qwm�= .. w � a w W Q C C V H O W F 7 i O �p z � ti WU ' N N N VI N N U) N N N VI W N l � ;.V� Y Y Y- Y Y Y Y Y Y Y Y Y.Y W t '.. F -Z p E E E E E E E E E E E E E '2U W ro W ro ro ro ro ro ro ro ro ro ro ro ro y W W W W W W W W W W W W t QQ3 O c c c c c O c c c c ` O O O O O O O O 0 Oc Oc O Y .- .iF- Y ON U U U U U U U U U U U U U Ow NO O O O 7> O O O O O O O C= O'U Y Y Y Y Y Y Y Y Y Y Y Y Y t - O H c C ow o o C o. C C C C C C C C C C t -M L) Y Y Y U U 0 U 0 U 0 V 0. U 0.0 U U o U O V o U.U'Y o "ZZ w w w T T T T T T T T T T T T T w O "H to a s a ro ro ro ro ro ro ro ro ro ro ro ro a ♦- L v N UI U) L L L L L L L L L L L L N H� N N o ro ro ro o 0 0 0 0 0 0 0 o. 0 0. 0 o. 0 o, o ro w i H E E a• ^ c c c E a E E a E a E s E as E E E a E a E a E a E a E E ac � II 0 0 o ! Q V a Y Y Y V V •O •O C 'O V 'O •O •O V V •V t L U U U c c c c c c C c c C c c U ro L L L ro ro ro ro ro ro ro ro ro ro ro ro C L L O Y Y a N N Vf a a a a a a a a a a a a N 1 Y c c •0 a 0 ro o 0 0 o a a a a a a a a a a a a 0 o N C U U U N fA N N h N N N N N N N U Y a T T T Y Y Y Y 41 Y Y Y Y Y 4-Y 4- T C 6 L L L C C C C c C C C C C C C L a E ro ro ro a a a a a a a a a a a a ro C O L O L O. L O c ro c C c ro c ro c c ro c c c c c ro L O O. E E E E E E E E E E E E E E E E E E E o. L o E E E L L L L L L L L L L L L E a z v F- F- I t N c T ro u. L ro ro Y L � d a ro ' N O L.Oc 0 r . W N 0 U w e O . t C 3 VF N ro 0 aro L L W N \ \ E .a •O L a m ro C a 0 O L C L a s C a s C C P ro L 1 a ro a C> a C LVI L .0 E c a N { Y T r E r• c a N Y T Y Y T a U N U U 4- Y N Y Y r '- a Y Y Y a L O a 0 O L cT ro• O L N a O= • L ro Y a 0 0 O L O W a r U f 2 m J J D O O: U 0 N Y J m U H m m ro j O Q 2 H N M V t0 O n N 01 O H N M d' m 10 N w m O t " O O O O O O O O O H H H H H H H H H H N WN •! N N N N N N N N N N N N N N N N N N N .n u U U U U U U v U v U U U U U U U U U U U q •r O: O: K O: O: O: O: C C O: C O: O: O: O: O: O: O' L' O: O: L Q H H H M H H H H H H H H M H H M M H H • w pp Exhibit A, Page 1 ACOUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT APPRAISED VALUE OF INTERESTS TO BE ACQUIRED INTERESTS TO APPROVED BY COUNCIL BE ACQUIRED RESOLUTION NO. 89-7. Permanent SIAC1.01 Nash $ 1,130 SIRC1.02 Haley/Aeisetter Construction Easement SIRC1.03 Ebinger/Emrlck Temporary SIRC1.04 Sta $100R6 SIRC1.05 Bothel ,i. SIRC1.a6 Funk Temporary SIRC1.07 Lee $100" SIACI.OB Larson Sewer and Temporary Construction Easements SIRC1.09 .Pieper erounent SIAC1.10 Gilbride/Tomash $3,220 -SIAC1.11 Frazier/Carp/ I Towncrest Mobile - Har Court $890 - .SIRC1.12 Mwry Gardens SIRC1.13 Janes ff SIRC1.14 Hoehnle/Allen $1,320 SIRCI.15 Buchwalter SIRC1.16 Finken SIRC1.17 Duncan . - SIRC1.18 ,. Mengis, SIRC1.19 Boorman SIRC1.20 Crow $130 SWC1.21 Osburn Bassa n S::C1.22 I 1.23 J n1n9s $165 SIRC1.24 Penick ACOUISITIONS FOR SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT APPRAISED VALUE OF INTERESTS TO BE ACQUIRED INTERESTS TO APPROVED BY COUNCIL BE ACQUIRED RESOLUTION NO. 89-7. Permanent Sewer and Temporary Construction Easements $ 1,130 Temporary Construction Easement $100 Temporary Construction Easement $100R6 Temporary Construction Easement $100 Temporary Construction Easement $100" Permanent Sewer and Temporary Construction Easements $600• erounent Sewer and Temporary Construction Easements $3,220 Pe nt Sewer and Temporary Construction Easements Permanent r and Temporary Construction Easements Permanent Sewer d Temporary Construction Easements Permanent Sewer and porary Construction Easements Permanent Sewer and Temporary C t on Easements Permanent Sewer, Temporary Ac s a Temporary Construction Easements Permanent Sewer and Tem ry Lonstructr Easements Temporary Construc , Easement Temporary Co ruction Easement Temporary -Construction Easement Pe nant Sewer and Temporary Construction Easements ermanant Sewer and Temporary Construction Easements Temporary Construction Easement Temporary Construction Easement Permanent Sewer Easement Permanent Sewer and Temporary Construction Easements Temporary Construction Easement "Revised pursuant to Resolution No. 89-98. ""Revised pursuant to Resolution No. 89-137. +Revised pursuant to Resolution No. 89-138. $670 $580 $2,720 $450 $850 $1,300 $11,590 $3,8604 $1,055x• $1,6956 APPRAISED VALUE OF INTERESTS Ir. TO BE ACQUIRED FOR COUNCIL APPROVAL ON 6/27/89 ` l $890 $11,320 i $1,320 I i $130 $265 $165 r I ACOUISITIOHS FOR SOUTHEAST INTEPCEPTOp/RALSTON CREEK SEGMEIiT. PHASE 2 SENER CONSTRUCTION PpOJ CT INTERESTS TO BE ACOUIREO Pormanent Sewer and Temporary Construction Easements (No compensation required) Temporary Construction Easement Temporary Construction Easement To rary Construction Easement Persian Sewer and Temporary Construction Easements Permanent Sew and Temporary Construction Easements Permanent Sewer andorary Construction Easements Permanent Sewer and Tempo ry Construction Easemen Permanent Scwer and Tempora, onstructlon emnnttss Permanent Sewer and Temporary Con on Easements Permanent Sewer and Temporary truc n Easements Permanent Sewer and Tempo y Construction ements Permanent Sewer and porary Construction Ease nts Permanent Sewer d Temporary Construction Easements Permanent�S or and Temporary Construction Easements Permangnc Sewer and Temporary Construction Easements Temporary Construction Easement APPRAISED VALUE OF INTERI TO BE ACOUIRI $500 $100 $100 $100 APPRAISED VALUE OF INTERESTS I " TO BE ACQUIRED FOR COUNCIL APPROVAL ON 6/27/89 $1,655 I, f j II $400 $4,400 $2,650 $7,455 i I $6,050 S $1,010 $2,840 . $1,935 S f II ' Exhibit A. Page 2 I PARCEL NO. NAME SIAC2.01 Matthez SIRC2.02 -owned SIAC2.03 'City Mf113r oodburn ' SIRC2.04 No win's 1 d SIRC2.05 Miller/Sallada - SIRC2.06 Brennewin/Oonat/ I - . ,. _: Steve I SIRC2.07 Letz SIRC2.08 Lottenbach, aka Ray : -I SIRC2.09 Our Redeemer Lutheran Church SIRC2.10 Risks SIRC2.11 Crow SIRC2.12 Daly SIRC2.13 Stier SIRC2.14 Kirchner SIRC2.15. Lensing SIRC2.16 Butchvarov 'SIRC2.17 : Cof Win 'SIRC2.18 ` Irwin SIRC2.19 Boyle .i SIRC2.20 Boltz I I / ACOUISITIOHS FOR SOUTHEAST INTEPCEPTOp/RALSTON CREEK SEGMEIiT. PHASE 2 SENER CONSTRUCTION PpOJ CT INTERESTS TO BE ACOUIREO Pormanent Sewer and Temporary Construction Easements (No compensation required) Temporary Construction Easement Temporary Construction Easement To rary Construction Easement Persian Sewer and Temporary Construction Easements Permanent Sew and Temporary Construction Easements Permanent Sewer andorary Construction Easements Permanent Sewer and Tempo ry Construction Easemen Permanent Scwer and Tempora, onstructlon emnnttss Permanent Sewer and Temporary Con on Easements Permanent Sewer and Temporary truc n Easements Permanent Sewer and Tempo y Construction ements Permanent Sewer and porary Construction Ease nts Permanent Sewer d Temporary Construction Easements Permanent�S or and Temporary Construction Easements Permangnc Sewer and Temporary Construction Easements Temporary Construction Easement APPRAISED VALUE OF INTERI TO BE ACOUIRI $500 $100 $100 $100 APPRAISED VALUE OF INTERESTS I " TO BE ACQUIRED FOR COUNCIL APPROVAL ON 6/27/89 $1,655 I, f j II $400 $4,400 $2,650 $7,455 i I $6,050 S $1,010 $2,840 . $1,935 S f II ' RESOLUTION NO. 89-173 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT I-80 PAVING IMPROVEMENTS PROJECT, NO. RM -3715(3)--9D-52. WHEREAS, the City of Iowa City, in cooperation with the Iowa Department of Transportation, has undertaken a project to make paving improvements (additional traffic lanes and turn lanes) on Highway ql at the I-80 Interchange, which improvements are being funded by City funds, State RISE funding and Federal 4R funding; and WHEREAS, the Agreement for RISE funding between the City and IDOT, approved pursuant to Resolution No. 88-148 on June 28, 1988, required the City to acquire certain properties and easements for said project, but did not extend authority to the City to acquire property by condemnation in the name of the State of Iowa; and WHEREAS, the Addendum to said Agreement, attached hereto and made a part hereof, provides such authorization to the City, and should be approved and executed by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Addendum to Agreement For RISE Funding attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said Addendum for and on behalf of the City of Iowa City, Iowa. It was moved byand seconded by Balmer the Resolution be adopted, and upon rol I call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 27th day of June , 1989. ATTEST: Ad ^CI CLERK hJ/� OR (/ App ov d a t Form LegaT Department 115q „ IOWA DEPARTMENT OF TRANSPORTATION ADDENDUM TO AGREEMENT FOR RISE FUNDING i CITY: Iowa City i COUNTY: Johnson PROJECT NO.: RM -3715(3)--9D-52 AGREEMENT NO.: 88 -R -028A This is an addendum to an agreement between the City of Iowa City, Iowa (hereinafter referred to as City) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The City submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315 (1987), and the application was approved by Transportation Commission Order No. PR -88-457 on April 12, 1988. Agreement Number 88-R-028 was signed by the City on June 28, 1988, and by the Iowa Department of Transportation on July 25, 1988. Pursuant to the terms of Agreement Number 88-R-028, and applicable statutes and administrative rules, the DOT agreed to provide funding to the City to aid in the construction of certain transportation improvements which are necessary for the expansion of two unnamed companies. In consideration of the foregoing and the mutual promises contained in Agreement Number 88-R-028, the parties agree that Agreement Number 88-R-028 shall be modified as follows: 1. The following paragraph and sub -paragraphs concerning right of way acquisition shall be followed by the City: A. The City will provide project right-of-way acquisition services with City forces. Right-of-way acquisition by the City will be accomplished in accordance with the following guidelines: The City is hereby authorized to acquire all project related right-of-way. Permanent takings will be acquired in the name of the State of Iowa. All temporary takings (temporary easements) will be acquired in the name of the City. If needed, the City shall also offer relocation assistance in accordance with appropriate Federal and State regulations. I The City will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. The City will prepare and provide appraisals on all takings and may use short form appraisals on minor takings, however, a "before" and "after" value appraisal is required on any major taking. All appraisals provided by the City shall be reviewed and approved by the DOT prior to an offer being made. The City will provide their own acquisition agents who will keep a complete record of personal contacts. The City shall offer to pay the DOT -approved appraised value for all parcels. Any variance in the approved offer must also be approved by the DOT prior to the acquisition. Any variance from the approved appraised value must be properly documented by written administrative settlement. The City will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds and conveyances. The City must certify no later than 6 weeks prior to the letting that the City has acquired ownership of all required right of way. Should eminent domain proceedings be required, the City will condemn or appeal in the name of the City and/or the State of Iowa, whichever applies. If right of way is required in both the name of the City and State, a joint condemnation proceeding will be instituted. The project letting will not be held until the City has certified that the right of way has been acquired, The City may take separate bids subject to DOT review and approval for demolition and/or relocation of structures acquired for right of way purposes. B. Upon completion of right of way acquisition services and submittal of a properly documented billing, the DOT will reimburse the City in accordance with the provisions of Agreement Number 88-R-028. 2. All provisions in Agreement Number 88-R-028 not specifically modified by this addendum shall remain in effect. I ij 1! : ii 2 GGg i The City will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. The City will prepare and provide appraisals on all takings and may use short form appraisals on minor takings, however, a "before" and "after" value appraisal is required on any major taking. All appraisals provided by the City shall be reviewed and approved by the DOT prior to an offer being made. The City will provide their own acquisition agents who will keep a complete record of personal contacts. The City shall offer to pay the DOT -approved appraised value for all parcels. Any variance in the approved offer must also be approved by the DOT prior to the acquisition. Any variance from the approved appraised value must be properly documented by written administrative settlement. The City will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds and conveyances. The City must certify no later than 6 weeks prior to the letting that the City has acquired ownership of all required right of way. Should eminent domain proceedings be required, the City will condemn or appeal in the name of the City and/or the State of Iowa, whichever applies. If right of way is required in both the name of the City and State, a joint condemnation proceeding will be instituted. The project letting will not be held until the City has certified that the right of way has been acquired, The City may take separate bids subject to DOT review and approval for demolition and/or relocation of structures acquired for right of way purposes. B. Upon completion of right of way acquisition services and submittal of a properly documented billing, the DOT will reimburse the City in accordance with the provisions of Agreement Number 88-R-028. 2. All provisions in Agreement Number 88-R-028 not specifically modified by this addendum shall remain in effect. I ij 1! : ii 2 The City will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. The City will prepare and provide appraisals on all takings and may use short form appraisals on minor takings, however, a "before" and "after" value appraisal is required on any major taking. All appraisals provided by the City shall be reviewed and approved by the DOT prior to an offer being made. The City will provide their own acquisition agents who will keep a complete record of personal contacts. The City shall offer to pay the DOT -approved appraised value for all parcels. Any variance in the approved offer must also be approved by the DOT prior to the acquisition. Any variance from the approved appraised value must be properly documented by written administrative settlement. The City will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds and conveyances. The City must certify no later than 6 weeks prior to the letting that the City has acquired ownership of all required right of way. Should eminent domain proceedings be required, the City will condemn or appeal in the name of the City and/or the State of Iowa, whichever applies. If right of way is required in both the name of the City and State, a joint condemnation proceeding will be instituted. The project letting will not be held until the City has certified that the right of way has been acquired, The City may take separate bids subject to DOT review and approval for demolition and/or relocation of structures acquired for right of way purposes. B. Upon completion of right of way acquisition services and submittal of a properly documented billing, the DOT will reimburse the City in accordance with the provisions of Agreement Number 88-R-028. 2. All provisions in Agreement Number 88-R-028 not specifically modified by this addendum shall remain in effect. I ij 1! : ii is I� GGg S p l The City will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. The City will prepare and provide appraisals on all takings and may use short form appraisals on minor takings, however, a "before" and "after" value appraisal is required on any major taking. All appraisals provided by the City shall be reviewed and approved by the DOT prior to an offer being made. The City will provide their own acquisition agents who will keep a complete record of personal contacts. The City shall offer to pay the DOT -approved appraised value for all parcels. Any variance in the approved offer must also be approved by the DOT prior to the acquisition. Any variance from the approved appraised value must be properly documented by written administrative settlement. The City will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds and conveyances. The City must certify no later than 6 weeks prior to the letting that the City has acquired ownership of all required right of way. Should eminent domain proceedings be required, the City will condemn or appeal in the name of the City and/or the State of Iowa, whichever applies. If right of way is required in both the name of the City and State, a joint condemnation proceeding will be instituted. The project letting will not be held until the City has certified that the right of way has been acquired, The City may take separate bids subject to DOT review and approval for demolition and/or relocation of structures acquired for right of way purposes. B. Upon completion of right of way acquisition services and submittal of a properly documented billing, the DOT will reimburse the City in accordance with the provisions of Agreement Number 88-R-028. 2. All provisions in Agreement Number 88-R-028 not specifically modified by this addendum shall remain in effect. I ij 1! : ii is I� IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 88 -R -028A as of the date shown opposite its signature below. City of Iowa City: 8y: �� +�G June 27 19 89 T' e: Mayor I, Marian K. Karr , certify that I am the Clerk of the City, and that John McDonald , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 27th day of June , 1989. y� Signed //�Io City Jerk of Iowa CityY,, Iowa Date June 27 , 19 89 Iowa Department Of Transportation By: 19ML goger Er, . Urbantemseeginr Office of Local Systems t 15°I IOWA DEPARTMENT OF TRANSPORTATION ADDENDUM TO AGREEMENT FOR RISE FUNDING CITY: Iowa City COUNTY: Johnson PROJECT NO.: RM -3715(3)--90-52 AGREEMENT NO.: 88 -R -028A This is an addend to an agreement between the City of Iowa City, Iowa (hereinafter referred t as City) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The City submitted an application to the DOT for funding thro h the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 15 (1987), and the application was approved by Transportation Commission Order No. PR -88-457 on April 12, 1988. Agreement Number 88-R-028 was signed by the City on June 28, 1988, and by the Iowa Department of Transportation o July 25, 1988. Pursuant to the terms of Agreement Number 8-R-028, and applicable statutes and administrative rule the DOT agreed to provide funding to the City to aid in the construction o certain trans ortation improvements which are necessary for the expansion of wo unnamed c mpanies. In consideration of the foregoi g and a mutual promises contained in Agreement Number 88-R-028, the parti s agr a that Agreement Number 88-R-028 shall be modified as follows: 1. The following paragraph and sub aragraphs concerning right of way acquisition shall be followed by a ity: A. The City will provide projec right-of-way acquisition services with City fort . Righ of -way acquisition by the City will be accomplis ed in acco dance with the following guidelines: The City is h reby authorized to acquire all project related right- f -way. Permanent takings will be acquired in the name o the State of Iowa. All temporary takings (temporary a ements) will be acquired in the name of the City. If needed, the City shall also offer relocation assistance in accordance with appropriate Federal and State regulations. t� The City will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. The City will prepare and provide appraisals on all takings and may use short form appraisals on minor takings, however, a "before" and "after" value appraisal is required on any major taking. All appraisals provided by th City shall be reviewed and approved by the DOT prior to an offer being made. The Ci y will provide their own acquisition agents who will ke p a complete record of personal contacts. The City shall offer to pay the DOT -approved appraised value for all parcels. Any variance in the approved offer must also be approved by the DOT prior to the acquisition. Any variance from the approved appraised value must be properly documented by written administrative, settlement. The City will I o. shall furnish the deeds and conveya� The City must cer letting that the required right of be required, the of the City of erly close/the sale of each parcel and DOT cop'-,- of all completed contracts, applies. If right of the City and State, a be instituted. The until the City has ce been acouired_ n, later than 6 weeks prior to the y has acquired ownership of all Should eminent domain proceedings will condemn or appeal in the name the State of Iowa, whichever ay is required in both the name of oint condemnation proceeding will p oject letting will not be held ,t'fied that the right of way has The City may take separate bids bject to DOT review and approval for demolition an /or rsuelocation of structures acquired for right of way p poses. B. Upon completion of right of wa acquisition services and submittal of a properly document d b'iling, the DOT will reimburse the City in accordance with the provisions of Agreement Number 88-R-028. 2. All proisions in Agreement Number 88-R-028 not specifically modified by this addendum shall remain in effect. L IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 88 -R -028A as of the date shown opposite its signature below. City of Iowa City: By: 19 Title: 1, certify that I am the Clerk of the City, and that \ who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and \ \pted by /City,the day of 19 Srk of Iowa City, Iowa D 19 Iowa Department Of Transportation By: 19 i - i=r. I. i I Deferred 2 weeks RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. 3, ALL IN CONNECTION WITH THE HIGHWAY NO. 1 AT I-80 PAVING IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 89-123, adopted May 30, 1989, this City Council did authorize the acquisition of certain easements and property interests in conjunction with the Highway No. 1 at I-80 Paving Improvements Project, including the acquisition of fee title to a 0.7 acre commercial parcel, designated as Parcel 3; and WHEREAS, the City's appraiser and IDOT have concurred in the property owner's request to increase by $1,000 the compensation for fee title acquisition of said parcel, bringing the compensation therefor to $92,900; and WHEREAS, the property owner has further requested that its existing farm field entrance drive be replaced with a commercial entrance drive, at an additional estimated cost to the City of $3,000, which request must be approved by IDOT before said improvements can be constructed. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized to amend the City's offer for the acquisition of Parcel No. 3 to increase the purchase price by $1,000, and to provide for the City's construction of a commercial entrance to the property owner's remaining lands upon receipt of IDOT approval therefor. AND BE IT FURTHER RESOLVED that in the event said property cannot be acquired at the appraised value indicated above, the City Attorney be and he is hereby authorized and directed to initiate condemnation proceedings for the acquisition of said easements. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald Passed and approved this day of 1989• i i MAYOR C. e as t Form ATTEST: l(/J�J ele/aG47 CITY CLERK Legal Department