HomeMy WebLinkAbout1985-10-22 ResolutionRESOLUTION NO. 85-308
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Friday's, 121 E. College
American Legion Roy Chopek Post #17, 3016 American Legion Rd.
It was moved by Ambrisco and seconded by Dickson
that the Resolution as reabe opted, and upon r_oTT ca ere
were:
AYES: NAYS: ABSENT:
Ambrisco X
Baker X
Dickson X
Erdahl X
McDonald X
Strait 1
Zuber X
Passed and approved this 22 day of October ,
19 85
#ay
Attest:
cityCler
/9d 0
RESOLUTION IJO. 85-309
RESOLUTION AFFIRMING AN EMPLOYEE SUSPENSION
WHEREAS, by authority of Chapter 400.19 of the Code of Iowa and after
consideration of the facts, the City Manager has determined that certain
disciplinary action is appropriate; and
WHEREAS, based on said determination, disciplinary action has been taken; and
WHEREAS, the Council has been fully advised of the reasons for such action by
the Manager; and
WHEREAS, Chapter 400.19 of the Code of Iowa further requires that the City
Council affirm or revoke such disciplinary measures taken by the Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the disciplinary action taken by the City Manager with regard to
employee #9675 as indicated in the attached report to the City Council be,
and the same is hereby affirmed.
It was moved by Ambrisco and seconded by Dickson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
—I— Baker
R Dickson
g Erdahl
X McDonald
g Strait
R Zuber
Passed and approved this 22nd day of October Q, 191965.
YOR s'•""c•
ATTEST:
C11T CLERK
nvcc:val Approvcci
Gy Tha Lr of Dap rlrneut
/WE'
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NOTICE TO THE CITY COUNCIL OF DISCIPLINARY ACTION
TAKEN BY THE CITY MANAGER
NAME AND TITLE: Employee 509675, Mass Transit Operator
TYPE OF DISCIPLINE: One (1) Day Suspension
REASON FOR DISCIPLINE: Misconduct - Repeated Tardiness
On October 10, employee 509675 reported to work 18 minutes late. This was
the third occurrence in one month and oral and written warnings were given
previously. These penalties are specified in Article IV, Section K of the
Mass Transit Operators Handbook.
Should this employee or a representative appear to object to this action, the
Council should permit an appearance by the employee and the supervisor
recommending the action.
When affirmed by the Council, non -probationary employees have the right of
appeal to the Civil Service Commission where a full hearing may be held.
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RESOLUTION N0. 85-310
RESOLUTION ACCEPTING THE WORK FOR
THE CMP CARDINAL ROAD BRIDGE RELOCATION PROJECT
(BROS-52IC(1)--8J-52)
WHEREAS, the Engineering Division has recommended that the improvements
covering the Ca Cardinal RoadJ-
Brid
9 -S--
as included in a contract between the City of Iowa C! tyand Center [love
Construction Corn. F Coof Dubu ue, Iowa
ate April 5. 1984 be accepte , an
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by Ambrisco and seconded by Dickson
that the resolution as read e adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
R Ambrisco
% Baker
X Dickson
R Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of October/J/,//�I9�•
�--z7
MAYOR
ATTEST: 24.sd ..... T �o %
CITY CLERK
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Rncoived A Approved
Ry T`r l..gnl Dapartnv nt
/gas
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CITY OF IOWA CITY
CNIC CENTER 410 E. WASHNGTON ST. IOWA CnY, IOWA 52240 f319)356 -500D
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ENGINEER'S REPORT
October 15, 1985
i
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's office.
The Camp Cardinal Road Bridge Relocation Project [BRO.S-52IC(1)--
8J-52] as constructed by Center Grove Construction Corp. and
Center Grove Land Co. of Dubuque, Iowa.
I hereby recommend that the above-mentioned improvements be accepted by
the City of Iowa City.
sp tfully
i
Frank K. Farmer, P.E.
City Engineer
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RESOLUTION NO. 85-311
A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY PROPERTY, TO WIT,
A PORTION OF VACATED PETERSON STREET RIGHT OF WAY LYING SOUTH OF ITS INTER-
SECTION WITH ARBOR DRIVE IN IOWA CITY, IOWA.
WHEREAS, this City Council did, pursuant to Ordinance No. 85-3258, passed and
approved the 22nd day of October, 1985, vacate a portion of Peterson
Street lying south of its intersection with Arbor Drive, more
particularly described as follows:
Commencing at the southwest corner of the northwest fractional
quarter of Section 18, Township 79 North, Range 5 West of the 5th
Principal Meridian; thence north 00043'39" west, (A Recorded
Bearing) along the west line of said northwest fractional quarter of
Section 18, 1052.00 feet; thence north 00043'39" west, along said
west line, 54.00 feet, to the northeast corner of Parcel 3 of the
plat of survey, recorded in Plat Book 19, at page 84, of the Records
of the Johnson County Recorder's Office, which is the Point of
Beginning; thence, north 86059126" west, along the northerly line of
said Parcel 3, 19.43 feet, to a point which is 25.00 feet normally
distant easterly of the easterly line of Part 11A Court Hill, an
Addition to the City of Iowa City, Iowa, as recorded in Plat Book 9,
at page 40, of the Records of the Johnson County Recorder's Office;
thence north 00056'18" west, along a line parallel with the east
line of Part 11A Court Hill Addition, 211.29 feet; thence south-
easterly, 26.17 feet, along an 85.00 foot radius curve, concave
northeasterly, whose 26.07 foot chord bears south 51025120" east, to
a point on the west line of said northwest fractional quarter of
Section 18; thence south 00043139" east, along said west line,
196.04 feet, to the Point of Beginning. Said tract of land contains
0.09 acres more or less, and is subject to easements and restric-
tions of record; and
WHEREAS, this City Council did, pursuant to Resolution No. 85-307, adopted
and approved on the 16th day of October, 1985, declare its intent
and proposal to dispose of the eastern half of said vacated street
right-of-way by selling same to Hallmark Homes, Inc., did authorize
publication of 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, this Council deems said proposed disposal of said
vacated street right-of-way as excess City property to be in the
best interest of the City of Iowa City, Iowa.
F
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 City Deed conveying the City's interest in
said vacated Peterson Street right-of-way to Hallmark Homes, Inc., for and in
consideration of the sum of $100, and Hallmark Homes, Inc., agreement and
covenant to pave half of Peterson Street abutting Shamrock Place.
AND BE IT FURTHER RESOLVED
That the City Deed attached hereto and made a part hereof is hereby approved
as to form and contents.
AND BE IT FURTHER RESOLVED
That the City Attorney be and is hereby authorized, empowered and directed to
deliver said City Deed on payment of consideration as indicated by the
foregoing.
It was moved by Strait and seconded by Ambrisco
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of October 1985.
ATTEST:�laua J ��
I
9Iv 3 Approna
TIZ al Department
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CITY DEED
KNOW ALL MEN BY THESE PRESENTS:
That the City of Iowa City, Iowa, a municipal corporation, of the County
of Johnson, and State of Iowa, by its Mayor thereunto duly authorized, as
hereinafter set forth, in consideration of the sum of One hundred and no/100
DOLLARS, in hand paid by Hallmark Homes, Inc. of the County of Johnson, and
State of Iowa, and the covenant and agreement of Hallmark Homes, Inc. to pave
one-half of that portion of Peterson Street abutting City -owned property
known locally as "Shamrock Place", does hereby release, remise, convey and
quitclaim unto the said Hallmark Homes, Inc. all its right, title and
interest in and to the following described premises situated in the County of
Johnson, and State of Iowa, to -wit:
A portion of the east half of vacated Peterson Street lying south of its
intersection with Arbor Drive, more particularly described as:
commencing at the southwest corner of the northwest fractional quarter
of Section 18, Township 79 North, Range 5 West of the 5th Principal
Meridian; thence north 00043'39" west, (A Recorded Bearing) along the
west line of said northwest fractional quarter of Section 18, 1052.00
feet; thence north 00043'39" west, along said west line, 54.00 feet, to
the northeast corner of Parcel 3 of the plat of survey, recorded in
Plat Book 19, at page 84, of the Records of the Johnson County Re-
corder's Office, which is the Point of Beginning. thence, north
86059126" west, along the northerly line of said Parcel 3, 19.43 feet,
to a point which is 25.00 feet normally distant easterly of the
easterly line of Part 11A Court Hill, an Addition to the City of Iowa
City, Iowa, as recorded in Plat Book 9, at page 40, of the Records of
the Johnson County Recorder's Office; thence north 00056118" west,
along a line parallel with the east line of Part 11A Court Hill
Addition, 211.29 feet; thence southeasterly, 26.17 feet, along an 85.00
foot radius curve, concave northeasterly, whose 26.07 foot chord bears
south 51025'20' east, to a point on the west line of said northwest
fractional quarter of Section 18; thence south 00043139" east, along
said west line, 196.04 feet, to the Point of Beginning. Said tract of
land contains 0.09 acres more or less.
The property herein conveyed shall be subject to easements and restric-
tions of record and to a permanent and perpetual easement being granted to
and reserved in the City of Iowa City, Iowa, its licensees and/or franchise
grantees, for the maintenance of any and all public utilities equipment
presently in place, and for the reconstruction, replacement and repair
thereof which said City or its licensees or franchise grantees may in the
future deem necessary and proper.
/9�
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This deed is executed and delivered under and by virtue of the authority
vested in the Mayor and City Clerk of Iowa City, Iowa, under the provisions
of Resolution No. 85-311 duly passed and approved on the 22nd day of
October, 1985.
IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused this instru-
ment to be signed by its Mayor and duly attested by the City Clerk, and the
seal of said City hereunto affixed this 22 day of October, 1985.
CITY OF IOWA CITY, IOWA
By :
ayor
ATTEST:
Cit Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 6Q? day of � c [/ ��h� 19 $5 , before me, the under-
signed, a Nosy Public in and for said County, in said State, personally
appeared John McDonald and Marian K. Karr, to me personally known, who being
by me duly sworn, did say that they are the Mayor and City Clerk, respec-
tively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said corporation by
authority of its City Council; and that the said John McDonald and Marian K.
Karr as such officers acknowledged the execution of said instrument to be the
voluntary act and deed of said municipal corporation, by it and by them
voluntarily executed.
. d;tee
Notary PublicMn and for Johnson County, Iowa
MON wrc Mf "o°.ar"
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RESOLUTION NO.
A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY PROPERTY, TO WIT,
A PORTION OF VACATED PETERSON STREET RIGHT OF WAY LYIN SOUTH OF ITS INTER-
SECTION WITH ARBOR DRIVE IN IOWA CITY, IOWA.
WHEREAS, this City Council did, pursuant to Ordinanc No. passed
and a roved the 22nd day of October, 1 5, vacate a portion of
Peterso Street lying south of its inte ection with Arbor Drive,
more par 'cularly described as follows:
Commencing the southwest corner of the northwest fractional
quarter of Se tion 18, Township 79 rth, Range 5 West of the 5th
Principal Meri ian; thence north 00°43'39" west, (A Recorded
Bearing) along t west line of sai northwest fractional quarter of
Section 18, 1052. feet; thenc/en orth 00043'39" west, along said
west line, 54.00 f t, to the nheast corner of Parcel 3 of the
plat of survey, reco ed in Platok 19 at page 84 of the Records
of the Johnson Count Recoi
Beginning; thence, nort 8605
said Parcel 3, 19.43 fee , ti
distant easterly of the as
Addition to the City of Iow
at page 40, of the Records
thence north 00056'18" we t,
line of Part 11A Court 11
easterly, 26.17 feet, a ong
northeasterly, whose 26. fo
e 's Office, which is the Point of
6 west, along the northerly line of
a point which is 25.00 feet normally
rly line of Part 11A Court Hill, an
ty, Iowa, as recorded in Plat Book 9,
the Johnson County Recorder's Office;
along a line parallel with the east
dition, 211.29 feet; thence south -
an 85.00 foot radius curve, concave
ch rd bears south 51025'20" east, to
a point on the west li a of said orthwest fractional quarter of
Section 18; thence so th 000
4339 east, along said west line,
196.04 feet, to the Po' t of Beginnin Said tract of land contains
0.09 acres more or le s, and is subje t to easements and restric-
tions of record; and
WHEREAS, this City Council
adopted and approi
intent and propos
street right -of -w.
authorize publicat
and did set the da
WHEREAS, following public
as to the merits
consideration, tl
vacated street r
best interest of,
NOW, THEREFORE, BE IT
I014A:
d d, pursuant to Resol tion . 85-
ed on the 16th day of Oc oberNo, 1985, declare its
1 to dispose of the easte half of said vacated
y by selling same to Hall rk Homes, Inc., did
i
In of notice of its proposal with regard thereto,
e and time for public hearing thereon; and
earing on said proposal, and be 'ng fully advised
f said proposal, and having give full study and
s Council deems said proposed d sposal of said
ht -of -way as excess City property\ to be in the
to City of Iowa City, Iowa. 1
FED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
That the Mayor and City blerk be and are hereby authorized, empowered and
directed to execute and deliver a City Deed conveying the City's interest in
said vacated Peterson Street right-of-way to Hallmark Homes, Inc., for and in
consideration of the sum of $
2
AND BE IT FURTHER RESOLVED
That the City Deed attached herChdpe
a part her is hereby approved
as to form and contents.
AND BE IT FURTHER RESOLVED
That a City Attorney be and isized, empowered and directed to
deliver aid City Deed on payideration as indicated by the
foregoing.
It was moved econded by
the Reso ion e adopted, roll call there were:
AYE ABSENT:
Ambrisco
Baker
Dickson
Erdahi
McDonald
Strait
Zuber
Passed and approved his , 1985.
ATTEST:
7,r .0•,: tlF .I.aiP1nC0
f
CITY DEED
KNOW ALL MEN BY THESE PRESENTS:
That the City of Iowa City, Iowa, a municipal corporation, of the County
of Johnson, and State of Iowa, by its Mayor thereunto duly authorized, as
hereinafter set forth, in consideration of the sum of
DOLLARS, in hand paid byl _
of the County of Johns 4 and State of
Iowa does hereby release, remise, convey and quitclaim hto the said
all its ri t, title and interest
in and to Xthfollowing described premises situate in the County of Johnson,
and State of Io to -wit:
A portion of t @ east half of vacated P erson Street lying south of its
intersection with Ar or Drive, more parti larly described as:
commencing at the sout est corner of the northwest fractional quarter
of Section 18, Township 79 Nort Range 5 West of the 5th Principal
Meridian; thence north 0 43'3 west, (A Recorded Bearing) along the
west line of said northwes factional quarter of Section 18, 1052.00
feet; thence north 00043'39" est, along said west line, 54.00 feet, to
the northeast corner of Pa e 3 of the plat of survey, recorded in
Plat Book 19, at page 84 of the Records of the Johnson County Re-
corder's Office, which s the � °int of Beginning; thence, north
86059'26" west, along t northerly line of said Parcel 3, 19.43 feet,
to a point which is 5.00 feet n rurally distant easterly of the
easterly line of Part 11A Court Hill, an Addition to the City of Iowa
City, Iowa, as recor ed in Plat Book 9, t page 40, of the Records of
the Johnson County Recorder's Office; ence north 00056'18" west,
along a line par lel with the east Ii of Part 11A Court Hill
Addition, 211.29feet; thence southeasterly, 6.17 feet, along an 85.00
foot rad�us curve, concave northeasterly, who a 26.07 foot chord bears
south 51 25'20" east, to a point on the west line of said northwest
fractional qua ter of Section 18; thence south 00043139" east, along
said west lin, 196.04 feet, to the Point of Beg ning. Said tract of
land contains 0.09 acres more or less, and is sub ct to easements and
restrictionof record.
The property herein conveyed shall be subject always\heCity
anent and
perpetual easement of way being granted to and reserved iof IowaCity, Iowa, its licensees and/or franchise grantees, forenance of
any aid all public utilities equipment presently in pfor the
reco�{Struction, reimplacement and repair thereof whichy or its
licensees or franchise grantees may in the future deem necessary and proper.
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This deed is executed under and by virtue of the authority vested in the
Mayor of Iowa City, Iowa, under the provisions of Resolution No. _, duly
passed and approved on the day of , 19_, under the
provision of which and in accordance herewith, this deed is executed and
delivered.
IN WI1lN SS WHEREOF, the City of Iowa City, Iowa, has cau ed Presents to be
signed by its ayor and the seal of said City duly attes d by the City Clerk
hereunto affixed his day of 19_
CITY OF/OWA CITY, IOWA
By :
a or
ATTEST:
City Clerk
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day of A.D. 19_t before me, a
Notary Public dul/andd
ned and qualifi d in and for said County and
State, personally Mayor of the City
of Iowa City, Iowrsonally known to be the identical persons and
officers named in ing instrument, who a cuted the same under and
by virtue of the aested in them by the Ci Council of said City,
and each for himseledged the execution there f to be his voluntary
act and deed for ts herein expressed.
IN TESTIMON WHEREOF, I have hereunto set my hand and not larial seal at
Iowa City, Ia the day and year last above written.
Notary u c in and for Johnson County, Iowa
/9ys
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RESOLUTION NO. 8S-312
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF VISTA PARK
VILLAGE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner and proprietor, Hallmark Homes, Inc., has filed with the
City Clerk of Iowa City, Iowa, an application for approval of the preliminary
and final plats of Vista Park Village, a subdivision of Iowa City in Johnson
County, Iowa, which is legally described as follows:
Commencing at the southwest corner of the northwest fractional quarter
of Section 18, Township 79 North, Range 5 West of the 5th Principal
Meridian; thence north 00043139" west, (A Recorded Bearing) along the
west line of said northwest fractional quarter of Section 18, 1052.00
feet, to the Point of Beginning; thence north 00043139" west, along
said west line, 836.22 feet; thence south 8902811" east, 450 feet, to
a point on the westerly right-of-way of relocated Scott Boulevard;
thence south 02051'10" west, along said westerly line of Scott Boule-
vard, 292.27 feet; thence southwesterly, 139.52 feet, along said
westerly line of Scott Boulevard, on a 1095.92 foot radius curve,
concave northwesterly, and whose 139.42 foot chord bears south
13024'47" west; thence south 44008119" west, along said westerly line
Of Scott Boulevard, 563.57 feet, to the Point of Beginning. All in
accordance with the plat of survey recorded in Plat Book 19, at page
84, of the records of the Johnson County Recorder's Office. Said tract
of land contains 6.11 acres more or less, and is subject to easements
and restrictions of record.
And also:
Commencing at the southwest corner of the northwest fractional quarter
of Section 18, Township 79 North, Range 5 West of the 5th Principal
Meridian; thence north 00043'39" west, (A Recorded Bearing) along the
west line of said northwest fractional quarter of Section 18, 1052.00
feet; thence north 00043139" west, along said west line, 54.00 feet, to
the northwest corner of Parcel 3 of the plat of survey, recorded in
Plat Book 19, at page 84, of the records of the Johnson County Re-
corder's Office, which is the point of beginning; thence, north
86059'26" west, along the northerly line of said Parcel 3, 19.43 feet,
to a point which is 25.00 feet normally distant easterly of the
easterly line of Part Ila Court Hill, an addition to the City of Iowa
City, Iowa, as recorded in Plat Book 9, at page 40, at the records of
the Johnson County Recorder's Office; thence north 00056'18" west,
along a line parallel with said east line of Part Ila Court Hill
Addition, 211.29 feet; thence southeasterly, 26.17 feet, along an 85.00
radiusfoot who
south 51025'20"veast,�ctoeanp int sonrthe est line 7ofosaidhnorthwest
fractional quarter of Section 18; thence south 00043139" east, along
said west line, 196.04 feet, to the Point of Beginning. Said tract of
land contains 0.09 acres more or less, and is subject to easements and
restrictions of record.
/94
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Resolution No. 85-312
Page 2
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary and final plats of
said subdivision and have recommended approval of same; and
WHEREAS, the preliminary and final plats of said subdivision have been
examined by the Planning and Zoning Commission and after due deliberation the
Commission has recommended that they be accepted and approved upon condition;
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, except
that requiring 28 feet of paving on a local street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the preliminary and final plats of Vista Park Village, a subdivision
of the City of Iowa City, are hereby approved waiving the minimum
pavement width requirement of a local street from 28 feet to 25 feet for
Vista Park Drive and Peterson Street.
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
subdivision 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
final plat at the office of the County Recorder of Johnson County, Iowa,
before the issuance of any building permits is authorized.
It was moved by Ambrisco and seconded by Dickson
the Resolution be adopted, an upon roll call there -were.-
AYES:
ere:AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day, of October 1985.
i
ATTEST: -k!. 41n AA
I� CLERK
Roeehred & Approved ,
By Th 1,00.01 De e . nt
5-C 8
Resolution No. 85-312
Page 2
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary and final plats of
said subdivision and have recommended approval of same; and
WHEREAS, the preliminary and final plats of said subdivision have been
examined by the Planning and Zoning Commission and after due deliberation the
Commission has recommended that they be accepted and approved upon condition;
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, except
that requiring 28 feet of paving on a local street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the preliminary and final plats of Vista Park Village, a subdivision
of the City of Iowa City, are hereby approved waiving the minimum
pavement width requirement of a local street from 28 feet to 25 feet for
Vista Park Drive and Peterson Street.
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
subdivision 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
final plat at the office of the County Recorder of Johnson County, Iowa,
before the issuance of any building permits is authorized.
It was moved by Ambrisco and seconded by Dickson
the Resolution be adopted, an upon roll call there -were.-
AYES:
ere:AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day, of October 1985.
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ATTEST: -k!. 41n AA
I� CLERK
Roeehred & Approved ,
By Th 1,00.01 De e . nt
5-C 8
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N,
Box 2888
IOWA CITY, IOWA 52240
OWNER'S ATTORNEY
CHARLES A. MULLEN
BREMER BLDG.
IOWA CITY, IOWA 52240
LEGAL DE CRIPTION
Commencing at the Southwest Corner of the Northmest.Fractlonal Quarter of Section 18, j
Township 79 North. Range 5 West of the 5th Principal Meridian; Thence N00.43'39"W;
(A Recorded Bearing) along'the West Line of said Northwest Fractional. Quarter of j
Section 18, 1052.00 feet, -to the Point of Beginning; -Thence H00°43139"W, along said
West Line, 836.22 feet; Thence S89°28111"E, 450.00 feet, to a paint on the Westerly ;
Right -of -Nay of Relocated Scott Boulevard; . Thence S2.51'10"W, along.said Westerly
Line of Scott Boulevard, 292.27 feet; Thence Southwesterly, 139.52 feet, along* said
Westerly Line of Scott Boulevard, on a 1095.92 foot radius curve, concave
Northwesterly, and whose 139:42•toot chord bears S13.24'47"W; ,Thence S44'08'19"W, j.
along mind Westerly Line of Scott Boulevard, 563.57 feet, to the Point of Beginning.
All in accordance with the Plat of Survey recorded In Plat Book 19,' at Page 84, of
the Records of the Johnson County Recorder's Office. Said tract of land contains
6.11 acres more or less, and is subject to easements and restrictions of record.
And Also:
Commencing at the Southwest Corner of the Northwest Fractional Quarter of Se;tlon 18,
Township 79 North, Range 5 West of the 5th Principal Meridian; Thence N00.43139"W,
(A Recorded Bearing), along the West Line of said Northwest Fractional Quarter of
Section 18, 1052.00 feet; - Thence N00.43139'W, along said West Line, 54.00 feet, to '
the Northect*corner of ParcelL3 of the Plat of Survey, Recorded in Plat Book 19, at
. Page 84, of the Records of the*Johnson County Recorder's office, which is the Point .
of Beginning; Thence, N88'59126"W, along the Northerly Line of said Parcel 3, 19.43.
feet, .to a point which Is 25.00'feet normally distant Easterly of the Easterly Line
of Part IIA Court H111; an Addition to the City of Iowa City, Iowa as Recorded in
Plat Book 9, at Page 40,' of. the Records of the Johnson County Recorder's Office;
Thence N00.56118"W, along a line parallel with said East Line of Part ,IIA Court Hill
Addition, 211.29 feet; Thence Southeasterly, 26.17 feet, along a 85.00 foot radius
curve, concave Northeasterly, whose 26.07 foot chord bears S51'25'20"E, to a point on
the West Line of said Northwest Fractional Quarter of Sectien 18; Thence .
S00'43'39"E, along said'West Line, 196.04 feet, to the Point of Beginning. Said
tract of land contains 0.09 acres more or less, and is subject to ,easements and
restrictions of record. ,
Ao'JV C04 &W P4
I 'SCC./8••79•f
1`1 i
A
STAFF
To: Planning & Zoning Commission
Item: S-8515. Vista Park Village
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
1
j;
REPORT
Prepared by: Barry Beagle
Date: August 15, 1985
Hallmark Homes, Inc.
Mr. Loren Hershberger, President
P.O. Box 2888
Iowa City, Iowa 52244
351-3506
1) Preliminary plat approval, and
2) Final plat approval.
To establish a 25 lot sin-
gle-family residential subdivi-
sion known as Vista Park Village.
A track of land lying between
Scott Boulevard and Peterson
Street, one-eighth mile south of
Court Street. (See location
map.)
6.1 acres
Undeveloped; RS -5
North - Multi -family residential
(Shamrock Place); PDH -8
South - Undeveloped; RS -5
East - Undeveloped; P
West - Single-family residen-
tial; RS -5
September 16, 1985
Adequate water and sewer service
are available.
Sanitation service and police and
fire protection are available.
/9s�G
Transportation: Access to this site will be
provided from Peterson Street
which is - two-lane local street.
Presently Peterson Street is
barricaded at Shamrock Drive and
is proposed to be extended south
to gain access to the develop-
ment.
I
Physical characteristics: Topographically, the site is
moderately sloping, draining to
the south and to the south branch
of Ralston Creek. The applicant
does propose to recontour the
site to make it more suitable for
residential development. Vegeta-
tion presently consists of native
grasses.
STAFF ANALYSIS
i
Loren Hershberger, President of Hallmark Homes, Inc., is seeking preliminary
and final plat approval to establish a 25 -lot subdivision to be known as
"Vista Park Village." Mr. Hershberger's request for preliminary OPDH
zoning/plat approval (S-8504) has been withdrawn. Mr. Hershberger's present !
proposal is to establish a conventional 25 -lot single-family detached 111
residential subdivision with lot sizes conforming to that of the RS -5 zone.
Access to the development is to be provided by the extension of Peterson 4
Street. As indicated on the preliminary plat, the applicant states that
Peterson Street is to be ''paved by the City.'' Such a request is contrary to
the manner in which the City has accepted subdivision proposals in the past.
Traditionally, it is the developer's responsibility to extend the necessary
public improvements and facilities to and through the proposed subdivision.
Except for this proposal, Peterson Street would otherwise not be extended by
the City since other properties in this area are adequately served by
existing public streets. The cost associated with extending necessary public
improvements to and through new development is a normal part of development
which is absorbed by the developer.
Also proposed is the vacation of approximately the southern 210 feet of the
Peterson Street right-of-way east of centerline. Should the applicant's
request for plat approval be approved, a request to vacate this portion of
the Peterson Street ROW will need to be submitted and accepted and a purchase
offer made in order to properly dispose of this segment of the right-of-way.
I
Preliminary Plat:
The preliminary plat is in substantial compliance with the requirements of
the Subdivision Regulations except for the following minor deficiencies and
discrepancies:
1. Increase the pavement width of Vista Park Drive from 25 to 28 feet in
accordance with the provisions of Section 32-54(c)(2)c.
1900
i1
3
2. Identify those lots in which the depth of the front yard line will need
to be increased in order to comply with the 60 foot minimum lot width
requirement of the RS -5 zone.
3. Indicate the lot area of each lot to determine compliance with the
minimum tot area requirements of the RS -5 zone.
4. Accurately draw and identify the eastern right-of-way line of the
Peterson Street right-of-way line which coincides with the section line.
5. Identify the gas main which runs parallel to the sanitary sewer within
the Peterson Street right-of-way.
Final Plat:
The final plat is in substantial compliance with the requirements of the
Subdivision Regulations except for the following minor deficiencies and
discrepancies:
1. Revise in accordance with changes made to the preliminary plat.
2. Submission of required legal papers and construction plans.
3. Delineate dimensions of all utility easements.
STAFF RECOMMENDATION
Staff recommends that the proposed preliminary and final plat of Vista Park
Village be denied. The City has never assumed a portion of the cost associ-
ated with extending needed public services to a new subdivision. This is a
cost traditionally borne by the subdivider which is part of the cost for
subdividing land in the City.
Should the Commission look at this request favorably, staff recommends that
action be deferred until all deficiencies and discrepancies of the two plats
has been satisfied and the vacation and disposition of the Peterson Street
right-of-way has been approved.
ATTACHMENTS
1. Location map.
2. Amended preliminary plat.
3. Final plat.
Approved by:
ona d S meiser, Director
Department of Planning
and Program Development
I�W
i
I I
Zoe.,V;r/o/v M4"C,
NO SC44 C
5-BGII
i
City of Iowa City
MEMORANDUM
Date: October 11, 1985
To: Terrence L. Timmins, City Attorney
From: Richard J. Boyle, First Assistant City Attorney le
Re: Zoning: Lot Area used to Determine Density
Generally, the Iowa City Zoning Ordinance is designed to limit density by
limiting the number of dwelling units which may be constructed on a lot. For
example, in the RS -5 zone, density is limited to approximately five dwelling
units per acre by requiring a minimum lot size of 8,000 square feet, and
limiting permitted uses to single-family dwellings.
The Zoning Ordinance defines a "lot" as "A plot, separate tract or parcel of
land with fixed boundaries suitable for occupancy by a use." (City Code of
Ordinances, Sec. 36-4(1)(6).) Suitability means adequate in size or area to
permit a use allowed in the zone. Except in the OPDH zone (Sec.
36-47(e)(2)), there is no provision in the ordinance which requires that
density be calculated on the basis of anything less than total lot area. It
is my understanding that local practice has been to include in lot area all
land within the boundaries of a lot.
Local practice appears to conform to general zoning practice. Cf., 4
Yockley, Zonin Law and Practice (4th ed. 1979), Sec. 23-10. I have also
seen a recen case ou oNew York which supports the general rule, but I
have been unable to find the citation. I do know that it was decided within
the past six months.
cc: Donald Schmeiser
bj5/5
�1
WILL J. HAYEK (1696-1962)
JOHN W. HAYEK
C. PETER HAYEK
C. JOSEPH HOLLAND
WILLIAM D. WARDER
HAYEK, HAYEK, HAYEK & HOLLAND
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 52240.3976
October 22, 1985
AREA CODE 319
337.9606
1. That the number of bedrooms to be constructed
in the two structures proposed for the site would be
no more than 68.
2. That the number of parking spaces provided
be no less than 73.
It is difficult for me to respond to this re-
quest on behalf of the Williams. Terry Williams is
out of town at the present time at a medical meeting.
I am attempting to reach him by telephone but as of
the time of dictation of this letter I have not yet
been able to reach him. Further, the Williams have
been negotiating with a potential developer of the
site. As you no doubt can understand, the apartment
development market in Iowa City is now very limited
and we are quite concerned about agreeing to any re-
strictions which could affect the marketability of
the land or which would not be acceptable to a poten-
tial developer.
At the present time I feel that I can indicate
to you that the Williams probably would be willing
to agree to the parking space minimum set out above,
provided of course that it be understood that the
73 spaces would not have to fully be supplied until
1017
e
E
0
The City Council of Iowa City
F
Iowa City Civic Center
OCT 22 190^
410 E. Washington street
MARIAN K. KARR
Iowa City, Iowa 52240
(1)
CITY CLERK
Re: Melrose Lake
Dear Mayor and Council Members:
I understand from Marianne Milkman
of your staff
that some members of the city council have requested
that the Williams agree to certain restrictions
con-
cerning the 0 -PDH zoning which has been
applied for
for their Melrose Lake property. As I
understand it
the request was that the Williams agree
to the follow-
ing:
1. That the number of bedrooms to be constructed
in the two structures proposed for the site would be
no more than 68.
2. That the number of parking spaces provided
be no less than 73.
It is difficult for me to respond to this re-
quest on behalf of the Williams. Terry Williams is
out of town at the present time at a medical meeting.
I am attempting to reach him by telephone but as of
the time of dictation of this letter I have not yet
been able to reach him. Further, the Williams have
been negotiating with a potential developer of the
site. As you no doubt can understand, the apartment
development market in Iowa City is now very limited
and we are quite concerned about agreeing to any re-
strictions which could affect the marketability of
the land or which would not be acceptable to a poten-
tial developer.
At the present time I feel that I can indicate
to you that the Williams probably would be willing
to agree to the parking space minimum set out above,
provided of course that it be understood that the
73 spaces would not have to fully be supplied until
1017
e
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7
The City Council of Iowa City
October 22, 1985
Page 2
and unless both buildings proposed were constructed.
On the other hand, I do not feel I can commit the
Williams to the request with reference to number of
bedrooms. It may well be that a future developer
would want to restructure some of the units in either
or both of the buildings so as to provide more bed-
rooms. I cannot recommend to my clients that they
restrict themselves in a way which might further
adversely affect the marketability of their land.
The Williams are experiencing the very difficultly
that I drew to the council's attention last spring when
we discussed with you the problems in trying to put to-
gether a development plan for somebody else. As I ex-
plained at that time, the Williams must be able to
market this land and generate the $337,900.00 due on
the second mortgage by January 2, 1987. It may well
be the case that any purchaser of the Williams land
will want to come back to the city and seek amendments
in the LSRD plat to conform to his or her ideas of how
the land should be developed. I can indicate to you
that the Williams would agree to the parking space
limitation provided that the 0 -PDH zoning and the LSRD
plat are finally approved and the necessary ordinance
adopted by November 19, 1985. The prospective developer
that we have been discussing the land sale with has
indicated, through his attorney, that he wants to know
whether or not the council will approve the proposed
development as soon as possible. I fear that if the
City Council delays approval of our request, which de-
lay could well result from the requirement, as I under-
stand it, of an additional public hearing on the zoning
condition or conditions, we could lose a major pro-
spective developer.
On behalf of the Williams, I do want to respectfully
remind the City Council again of the economic facts con-
cerning the Williams Melrose Lake property all as out-
lined by me in my letter to you of February 9, 1985.
very truly yours,
Joh W. ayek
JWH:sld
cc: Drs. Terence & Glenys Williams
Larry Schnittjer
James D. Houghton
RESOLUTION NO. 8S-313
RESOLUTION AMENDING THE MEMBERSHIP OF THE URBAN ENVIRONMENT AD HOC
COMMITTEE.
WHEREAS, on March 27, 1984 the City Council of Iowa City established the Urban
Environment Ad Hoc Committee by Resolution No. 84-59; and
WHEREAS, said Committee is composed of representatives of various Boards and
Commissions with an interest in the areas of the Committee's concern; and
WHEREAS, the activities of the Parks and Recreation Commission are closely linked
to certain areas of the Committee's concern and the Parks and Recreation Commis-
sion should be represented on the Urban Environment Ad Hoc Committee; and
WHEREAS, the Chamber of Commerce Environmental Concerns Committee representative
has taken a very active part in shaping the recommendations of the Committee and
should be a voting member of the Committee; and
WHEREAS, it is important to ensure continued exchange of information with the
University of Iowa on the issues of concern to the Committee, particularly those
relating to environmentally sensitive areas located on University property.
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that item 5 of
Resolution No. 84-59 be amended to read: j
This twelve -member Committee shall be comprised of two members of the City
Council, two members of the Planning and Zoning Commission, one member of the
i Riverfront Commission, one member of the Historic Preservation Commission, a
citizen representative of environmental interests, a citizen representative of
development interests, a member of the Design Review Committee, a member of the
Parks and Recreation Commission, a member representing the Chamber of Commerce
Environmental Concerns Committee, and one non-voting member representing the
University of Iowa. j
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted, an upon -761T call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Baker
maX_ Dickson
X_ Erdahl
X_ McDonald
X_ Strait
X Zuber
Passed and approved this 22ndday of October 1985,
�t�C I•
M
ATTEST:
CIT CLERK Roeelved s ApPmved
By T1 Legal Dep +hnenf
—— I),�r
/9rd
! ■
M
■
RESOLUTION NO. 85-314
RESOLUTION AUTHORIZING EXECUTION OF AN AGRED ENr WITH THE
IOIVA DEPARITE-Nr OF TRANSPORTATION
WHEREAS, the City of Iowa City, Iowa, has negotiated an Agreement
with the Iowa De t. of Transnortation a copy of said A reementt
being attached to tis Reso utIon an y this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said Agreement with the Iowa Department of Transportation for a Federal -Aid
Ilrban Systems Project for the repaving of Dubuque Street from Imra Avenue to
Park Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the Agreement with the Iowa Department of Transportation
2. That the City Clerk shall furnish copies of said Agreement to
any citizen requesting same.
It was moved by Zuber and seconded by Strait that
the resolution as read e adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of October 199 RS�7".
MA OR
ATTEST: 1he-K
CITY CLERK
P.ecelved & Approved
ry The Le;.:"I Dop•d.nont
3J Flu lobe
i
1941
,I
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
FEDERAL -AID URBAN SYSTEMS PROJECT
City: Iowa City
County: Johnson
Project No.: M-4055(1)--81-52
Iowa Department of Transportation
Agreement No.: 85-F-076
Sections 306A.7 and 307A.4, 1983 Code of Iowa as amended, provide for Iowa
cities and the Iowa Department of Transportation (STATE) to enter into agree-
ments with each other respecting the financing, planning, establishment,
improvement, maintenance, use, regulation, or vacation of controlled -access
facilities or other public ways in their respective jurisdictions and to
cooperate with the Federal government in the expenditure of Federal funds
allotted or appropriated by the Federal government for the improvements of
streets and highways in Iowa.
The Congress of the United States has provided for the establishment of the
Federal -aid Urban System (FAUS) and has made funds available through the
Federal Highway Administration (FHWA) for improvements to the FAUS. Federal
regulations provide that the FAUS funds are to be administered by the STATE.
FAUS funds are available to the cities subject to the limitations and stipu-
lations stated in Rule 820--[06,Q] Chapter 10, Iowa Administrative Code,
established by the STATE to effectively administer the FAUS program in Iowa.
Authorized and approved costs of an improvement to the FAUS are eligible for
reimbursement of up to seventy-five percent (75%), except that casts related to
traffic signal improvements are eligible for reimbursement of up to one hundred
percent (100%) with FAUS funds. Local funds are to be used for the portion of
the costs of the improvements not reimbursed by FAUS funds.
The city of Iowa City (CITY) proposes to improve FAUS route No. 4055 on Dubuque
Street from Iowa Avenue northerly 0.70 mile to Park Road for widening to a 45
ft. back of curb to back of curb pavement which will provide for four 11 ft.
traffic lanes.
The CITY and STATE agree as follows:
1. The CITY shall receive reimbursement from FAUS funds for authorized and
approved paving, grading, storm sewers, sidewalk, walls and other
incidental work.
2. The attached Exhibit 1 is a part of this Agreement.
3. The CITY shall continue to prohibit "on -street" parking.
;■
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
85-F-076 as of the date shown opposite its signature below.
City of Iowa City JC/ �/J
By October 22
Tit r 19 85
Mayor, John McDonald
I, Marian 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 22 day of
October
, 19 85 .
Signed ''Yi„�,,a,� .,r �/ �
city Clerk of Iowa ty���a
Date October 22, 19 85
IOWA DE RTMENT OF ANSPORTATION
Hig w ivisi n
B ii-
ue c ar son
D rector
Office of Local Systems
19
Received 8, ANpro'jeu
By The
.` Leval Department
10
0
Revised 6-28-85
• EXHIBIT
Standard Provisions for TAUS. BROS, and IX
City Project Agreements
I. Since this project is to be financed with local and federal funds, the CITY
shall take the necessary actions to comply with applicable State and Federal
laws and regulations.
No person in the United States shall,, on the grounds of race, sex, color,
or national origin be excluded from participation in, be denied the
benefits of, or be otherwise sub•jecied to di. -,crimination under any program
or activity for which the recipient receives Federal assistance from the
Department of Transportation, including the Federal Highway Adminis-
tration.
2. The CITY shall take the appropriate actions and prepare the necessary docun.ents
to fulfill the requirements of the STATE. Action Plrn for project environmental
studies and Federal Highway Administration (FHWA) location/design approval.
3. The STATE will obtain the Iowa Intergovernmental Review (1111) clearance state-
ment from the State Office for Planning and Prorrarming (OPP), when neressary.
The STATE will notify the CITY when the project requires a project clearance
statement from the Areawide Clearinghouse. The CITY shall then obtain and
submit to the STATE the necessary clearance statement.
4. The CITY shall obtain agreements as needed from railroad and utility companies
and shall obtain project approvals from the Iowa Department of Water, Air, and
Waste Management, State Conservation Commission, U.S. Coast Guard, and U.S.
Corps of Engineers.
i
5. The CITY shall prepare the construction plans, specifications, and estimates
(PS&E). The design shall conform to Design Standards for Federal -aid projects
as set forth in Volume 6, Chapter 2, Section 1, Subsection I of the Federal -aid
i Highway Program Manual (FHPM).
6. The project shall be constructed under the STATE Standard Specifications and
applicable special provisions. Prior to their use in the PS&E, specifications
developed by the CITY for individual construction items shall be approved by
the STATE and FHWA.
7. The CITY shall acquire the project right-of-way in accordance with Title III of
the Uniform Relocation Assistance and Real Property Acquisitinns Poliry Act of
! 1970 and applicable State laws. The CITY shall provide relocation assistance
benefits in accordance with Title II of said 1970 Act and applicable State
laws. The CITY shall contact the STATE for assistance as needed to assure
compliance with applicable laws which are summarized in the State guideline
booklet entitled "Right -of -Way Acquisition Guidelines for Political Subdi-
visions of Iowa Concerned with Federal -aid Funding for Roads and Streets".
B. The CITY shall forward the Federal -aid Project Development Certification and
final PS&E to the STATE. Subject to the availability of funds, the STATE will
submit these documents to FIIWA for approval to advertise for bids.
9. The CITY shall comply with the public hearing requirements of Chapter 384.102,
Code of Iowa, and shall certify adherence to those requirements. This certi-
fication shall he submitted to the STAFF. prior to STATE and FHWA concurrence to
award the contract.
10. Upon receipt of FHWA authorization, the project will be let by the STATE in
accordance with normal project letting procedures. After bids are received and
opened, the STATE will furnish the CITY with a tabulation of all bid proposals.
The CITY, by Council Resolution, shall act on the bids received and shall
furnish the STATE with a copy of the Resolution.
11. The STATE will review the bid tabulations And proposals, and will prepare an
Iowa DOT Staff Action for concurrence to award the contract. The STATE will
mail the unexecuted contract to the Approved low bidder.
12. The STATE will forward the necessary hid documents to the FHWA to secure
concurrence to award the contract. After receipt of FHWA concurrence, the
STATE will notify the CITY. The CITY shall enter into a contract with the
contractor and secure his performance bond and certificate of insurance..
i
-2-
13. The CITY shall forward to the STATE three (3) copies of the contract, perfor-
mance bond, and certificate of insurance. The STATE will prepare the Feder-
al -aid Project Agreement, and submit it for FNMA approval and obligation of
Federal -aid funds.
14. The CITY shall comply with the procedures and responsibilities for materials
testing and construction inspection set forth in Department of Transportation
Rule 020-[06,Q] Chapter 10, Section 10.5(6)(e), IAC. The STATE will bill the
CITY for testing services according to its normal policy.
15. The CITY shall comply with the procedures and responsibilities for contract
payments set forth in Rule [06,Q] Chapter 10, Section 10.5(6)(f), IAC.
16. The CITY shall effect whatever steps may be required to legally establish the
grade lines of the street facilities constructed under said project, cnd shall
pay or cause to be paid all damages resulting therefrom, all in accordance with
the provisions of Section 364.15, Code of Iowa.
17. The CITY Shall effectuate all relocations, alterations, adjustments, or re-
movals of utility facilities, including power, telephone and telegraph lines,
water mains and hydrants, curb boxes,, sanitary sewers, and related poles,
installations and appurtenances, whether privately or publicly owned, and all
parking meters, traffic signals, and other facilities which are located within
the limits of an established street or alley and which will interfere with
construction of the project. Certain utility relocation, alteration, adjust-
ment, or removal costs to the CITY for the project may be eligible for
Federal -aid reimbursement in accordance with the FHWA policy applicable to the
type of utility involved.
18. The CITY shall take all necessary legal action to discontinue current use and
prohibit future use of the project right-of-way for business purposes, and
shall prevent any future encroachments or obstructions within the limits of the
project right-of-way. The CITY shall also cause removal of private signs and
other obstructions within the project right-of-way, and signs and other ob-
structions erected on private property which obstruct the view of the public
street in conformance with the requirements of Sections 319.10 and 319.12, Code
of Iowa.
19. The CITY shall maintain all books, dncume.nts, papers,acrountinq records,
reports, and other evidence pertaining to costs incurred for the project. The
CITY shall also make such material available at all reasonable times during the
construction period and for three years from the date of final Federal reim-
bursement, for inspection by the STATE, FHWA, or any authorized representatives
of the Federal Government. Copies of said materials shall be furnished by the
CITY, If requested.
20. The CITY shall maintain, or cause to be maintained, the completed improvement
in a manner acceptable to the FHWA and STATE.
21. Traffic control devices, signing, or pavament markings installed within the
limits of this project shall conform to the "Iowa Manual on Uniform Traffic
Control Devices for Streets and Highways."
22. Implementation of Clean Air Art and Federal Water Pollution Control Act (Appli-
cable to Contracts and Subcontracts which exceed 5100,000):
a. The CITY stipulates that any facility to be utilized in
performance under or to benefit from this agreement is
not listed on the Environmental Protection. Agency (EPA)
List of Violating Facilities issued pursuant to the
requirements of the Clean Air Act, as amended. and the
Federal Water Pollution Control Act, as amended.
b'- The.0 ITY agrees to comply with all of the! requirements
of Section 114 of the Clean Air Act and Section 308 of
the Federal Water Pollution Control Act, and all regu-
9tclat ons and guidelines issued thereunder.
C.
The CITY stipulates as a condition of Federal -aid
pursuant to this agreement, the CITY shall notify the
. STATE of the receipt of any advice indicating that a
" facility to be utilired in performance under or in
benefit from this agreement is under consideration to be
listed on the EPA List of Violating Facilities. The
STATE will forward the notification received from the
CITY to the Federal Highway Administration.
RESOLUTION NO. 85-31S
RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT FOR HUD/SBA
TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT.
WHEREAS, The City of Iowa City is committed to encouraging economic development that
will promote the welfare of its citizens by diversifying employment opportunities and
expanding the non-residential tax base, and,
WHEREAS, on March 29, 1985, the City of Iowa City submitted an application to receive
technical assistance involving economic development under the Interagency Agreement
between the Department of Housing and Urban Development and the Small Business Admini-
stration, and
WHEREAS, in July 1985, the City of Iowa City's application for technical assistance for
the Clear Creek Research Park project was selected for funding, and
WHEREAS, the Match Institution of Washington, D.C., is under contract to the Department
of Housing and Urban Development and the Small Business Administration to coordinate
and deliver assistance to communities under this Interagency Agreement, and,
WHEREAS, the Clear Creek Development Company has agreed to provide half of the matching
funds necessary to receive this technical assistance in accordance with the preliminary
Technical Assistance Work Plan.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Mayor and the City Clerk are authorized and directed to execute on behalf
of -the City the attached Memorandum of Agreement with the Match Institution for
HUD/SBA Technical Assistance for local economic devellopment.
2. That the adoption of this resolution does not constitute an acceptance of the
Technical Assistance Work Plan and the City shall remain free to accept or reject
or seek modifications in this work plan.
It was moved by Ambrisco and seconded by Zuber
the
Resolution be adopted, an uponro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
Strait
X Zuber
Passed and approved this 22nd day of October 1985.
i
I
ATTEST:Iaetoect R Approved
ER Ay Th."
i.•.�a1. D arhswnP
/96a,
MEM0RAN1Ii?1 01'
[IUD/SHA TECHNICAL ASSISTANCE FOR
LOCAL ECONOMIC DEVELOPMENT
AND SMALL HUSI14ESS ASSISTANCE
This Memorandum of Agreement is between Iowa City, Iowa
(referred to in this Memorandum as the Community) and The MATCH
Institution of Washington, D.C., (hereinafter referred to as
MATCH), in behalf of a business or development expert (herein-
after referred to as the Peer Expert).
This Memorandum sets forth the obligations of the parties
in the utilization of technical assistance services related to
economic development and/or small business assistance.'
This Memorandum contemplates MATCH providing a coordina-
tive role to the Community in the direct provision of technical
assistance by a jointly selected Peer Expert.
Further, upon the completion of the technical assistance
provided as part of this agreement and the Technical Assistance
Work Plan, Iowa City , will. provide to MATCH (in a
form and format to be provided at a later date), an evaluation
of the work performed and any other reports deemed necessary.
MATCH and the Peer Expert are prepared to offer these ser-
vices to the Community in accordance with a Technical Assistance
Work Plan predicated on materials providod by the Community, as
part of the nomination process. The Tedinica.l Assistance Work Plan
may be revised and mortified with the -:oncurrence of both parties.
Compensation for said assistance snail. ue divided between
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two tQCi7ni C•iJ .i:;siainnCu providers. MATCH and the Peer Expert.
MATCH :;hall recuive compensation for the followinq costs
if and when incurred:
a. travel reimbursement and per diem where a MATCH on site
coordinator is necessary during the delivery of the pro-
posed Technical Assistance, and subject to the projected
person days approved and provided in the Technical
Assistance Work Plan; and
b. after the Community's receipt of a final report on the
technical assistance provided under MATCH's SBA/HUD
Agreement, and subject to the Community's assessment
that follow-up technical assistance is necessary-, MATCH
shall negotiate an agreement with the Community for com-
pensation to include travel, per diem, and a negotiated
person day rate to include a base rate plus general ad-
ministrative overhead fee.
The Peer expert shall receive compensation and reimbursement
for the following services and cost:
a. professional fees reflective of the marketplace for like
services, and subject to the person day schedule in-
cluded in the Technical Assistance Work Plan; and
b. travel and per diem costs consistent with the level of
effort outlined in the Technical Assistance Work Plan.
Further, a separate Agreement shall be executed between the
Community and the Peer Expert. However, said Agreement shall
contain the following proviso; that payment for professional
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services shall not be effectuated until the Community and MATCH
concur on the completion of the Peer Expert's scope of work as
outlined in the Peer Expert Agreement. This proviso should not
affect reimbursement of out-of-pocket costs for travel and per
diem incurred by the Peer Expert in compliance with the scope of
work.
This Memorandum of Agreement may be terminated at the discre-
tion of either party upon two weeks notice to the other. Subject,
however, to the compensation of all costs (including, but not
limited to, person days, travel, and per diem) incurred to the
date of said termination.
Therefore, in consideration of the proposed cost sharing pro-
visions contained herein, and subject to concurrenc(F of both par-
ties to a Technical Assistance Work Plan, the undersigned parties
agree that this Memorandum reflects the full understanding and
intent as to the Technical Assistance project to be pursued.
The Community and MATCH shall indicate their concurrence by
executing this Memorandum of Agreement and returning. the original
to:
The MATCH Institution
2101 S Street, H.W.
Washington, D.C. 20008
The parties have executed this Agreement on 23rd (day)
Of Ortn� 1985.
Fort e Community For the /MA,TCH i tit do
By: By0 JL�
Tit _John McDonald Mayor Title:
'� i9Ga
1 cts—Tv Approved
8y 6i DeparMicnt
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