HomeMy WebLinkAbout1980-04-15 ResolutionRESOLUTION NO. 80-198
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OP IOWA CITY, IOWA,
that a Class "C" Beer Permit Application is hereby approved for
the following named person or persons at the following described
locations:
Pester Derby Oil Company dba Pester Derby, 606 S. Riverside Dr
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the license fee, surety bond,and all other information or
documents required to the Iowa Beer and Liquor Control Department.
It was moved by RpT pr and seconded b
that the Resolution as read d` b` pted, and upon by
callrthere
were:
Balmer
Lvnch
Erdahl
Neuhauser
Perret
Roberts
Vevera
AYES: NAYS: ABSENT:
x
x
x
Passed and approved this 15th day of April 19
2�4—z—�c -101
a or
Attest:
City Clerk
MICROFILMEO BY
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RESOLUTION NO. 80-129
RESOLUTION AUTHORIZING AMENDMENTS TO FREEWAY 518 SETTLEMENT AGREEMENT.
WHEREAS, the City Council of Iowa City has previously approved a
settlement agreement between the City of Iowa City, the Iowa Department of
Transportation, Johnson County, and certain other parties, and,
WHEREAS, Johnson County and the Iowa Department of Transportation have
negotiated certain changes therein, and,
WHEREAS, the negotiated changes do not materially alter the previously
approved settlement agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the
attached amended stipulation of settlement be approved and the Mayor, City
Attorney, and special counsel for the City be and they are hereby
authorized to execute the same on behalf of the City of Iowa City.
It was moved by Roberts and seconded by Vevers that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
X Erdahl
X Lynch
X Neuhauser
a Perret
X Roberts
X Vevera
Passed and approved this 15th day of April 1980.
iAYOR ���`—
ATTEST:
aALE—RK
Reeeivad d Approved
gY The Legal Department
N/
MICROFILMED BY
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IN THE DISTRICT COURT OF THE STATE OF IOWA
IN AND FOR JOHNSON COUNTY
CITY OF IOWA CITY,
Plaintiff,
IOWA DEPARTMENT OF
TRANSPORTATION,
Defendant,
IOWA CITY CHAMBER OF
COMMERCE, ROBERT N. DOWNER,
DONALD STRUB, DONALD HERBERT,
RUSSELL MISHAK, THOMAS
HOOGERWERF, MARVIN HARTWIG,
JOHNSON COUNTY, IOWA, CITY OF
HILLS AND RIVERSIDE CHAMBER
OF COMMERCE,
Intervenors.
NO. 45014
STIPULATION OF SETTLEMENT
F7.
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COME NOW, the above -captioned parties, the Iowa Department
of Transportation (DOT), City of Iowa City (City) and Johnson
County (County), and by way of compromise settlement agree as
follows:
1. All parties hereto agree and consent to the construction
of Arterial Highway 518, sometimes referred to as Freeway 518,
extending between Interstate 80 and Primary Highway Iowa 1 in
Johnson County along the location identified in the Final
Environmental Statement dated May, 1977, and signed for the
Federal Highway Administration Regional Administrator on November
28, 1977, pertaining to Project Numbers F-518-3 and F-518-4. All
parties agree and consent to allowing the DOT immediately to
commence all activities to complete this highway project.
2. All parties hereto agree and consent to the construction
of said Arterial Highway 518 in accordance with the Iowa
Department of Transportation construction/design plans with the
following modifications and clarifications:
(a) The Department of Transportation will construct re-
located Mormon Trek Road along the location shown by the con-
struction/design plans as an urban section having a 31 foot wide
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7" PCC paved road with curbs, gutter intakes, and storm sewer
outlets; these outlets will be into the open common ditch between
Mormon Trek. Road and Arterial Highway 518. Johnson County
consents and agrees to said construction. However, the City will
reimburse the DOT the additional cost of constructing such a 31
foot urban paved road as compared to a 24 foot rural section of
road as originally planned and designed by the DOT. The
additional cost is determined to be $90,000. The City, within 30
days of executing this Stipulation of Settlement and dismissal of
the pending lawsuit, will provide the DOT with said $90,000 sum
of money. In the event a contract for the construction of said
relocated Mormon Trek Road is not let within 5 years of the date
of this Stipulation of Settlement, or dismissal of suit,
whichever is earliest, the DOT will return said $90,000 sum of
money with interest at the legal rate applicable from the date of
original payment. Further, if DOT permanently abandons its plan
to build Freeway 518 at its intersection with Highway 1 as
presently located, at that time said $90,000 together with
interest will be returned to the City.
(b) The Department of Transportation in accordance with DOT
construction/design plan sheets Nos. 27 and 30 will construct
lights at the interchanges of the new Arterial Highway 518 with
Melrose Avenue and with Primary Highway Iowa 1. Notwithstanding
the provisions of §313.4(4), 1979 Code of Iowa, the City will
maintain and pay all future energy costs of the lights located at
the interchange of Arterial Highway 518 and Melrose Avenue. If
the City should annex into its corporate boundaries the
interchange of Primary Highway Iowa 1 and Arterial Highway 518,
or a portion thereof, the City at that time will assume the
responsibility for maintenance and energy of said lights at the
interchange. All light poles to be maintained by the City shall
be a maximum of 30 feet in height.
(c) In reference to the frontage road to be constructed from
Melrose Avenue extending northwesterly to a connection with the
existing county road, the surface of said frontage road will be
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granular except for the portion between Melrose Avenue and Camp
Cardinal Road which will be seal coated.
(d) That portion of Melrose Avenue which will be
reconstructed for approximately 1,100 and 1,200 feet east and
west of the interchange respectively, will be reconstructed with
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a raised, curbed grassed median consistent with the existing
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median on Melrose Avenue.
(e) The Department of Transportation will also provide
plantings along the relocated Mormon Trek Road in accordance with
the construction/design plan sheet number 7.
3. The construction of the new interchange of Melrose
Avenue and Arterial Highway 518 will displace the sewage lagoon
for the Johnson County Home. The County desires to have the
county home, which will be southwesterly of said new interchange,
to be connected to the City's sanitary sewer system; the City
agrees to this sewer connection. The County shall be responsible
for the acquisition of all easements that may be needed, the
preparation of the plans, the construction of the sanitary sewer
line, including its encasement in a conduit in the proposed
right-of-way of Arterial Highway 518, all of which are to be in
accordance with the ordinances and development standards of the
City and such other agreements with respect to this construction
as are mutually agreed to by the City and the County. Easements
shall be acquired in the name of the City and shall be in such
form as shall be approved by the City. As part of the Arterial
Highway 518 project construction, the sanitary sewer line within
the proposed right of way is to be encased in a conduit. The DOT
will reimburse the County for the cost of said conduit upon its
completion.
Prior to the County soliciting bids for the construction
work of said sanitary sewer line including its encasement in a
conduit, the County shall submit to the City and the DOT for
their approval a copy of the sewer plans and specifications.
Upon approval by the City and the DOT of said plans and
specifications, which approval shall not unresonably be withheld,
the County shall solicit bids for the project and, prior to award
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of a contract for construction, shall submit the tabulation of
bids to DOT for its concurrence in the award. The City assumes
responsibility for construction inspection. The portion of said
sanitary sewer line, including the conduit, that is within the
right-of-way of Arterial Highway 518 shall be completed December
31, 1980.
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The DOT will reimburse the County for the cost of
constructing an 8 inch sewer line from the county home to a
connection with the City's sewer system upon completion of said
work, but not to exceed a total cost of $135,867.
The County will hold the DOT harmless from any and all
further responsibility in providing a sewage system for said
county home. It is expressly understood that any evaluation of
just compensation for future right-of-way acquisition from the
County for this project will not include any damages relating to
the sewage system for the county home, it being the intent of the
parties to discharge that obligation in accordance with the terms
of this agreement.
4. Local traffic shall be maintained by the DOT across this
Project during the construction period.
5. The County shall be responsible for providing to the DOT
without cost all right-of-way which involves existing county
roads needed for this Arterial Highway 518 project.
6. The City shall be responsible for providing, without
cost to the DOT, all right-of-way needed for this Arterial
Highway 518 project which involves dedicated streets or alleys.
7. In connection with this Project all real estate and
rights to real estate necessary for right-of-way in the
construction, relocation or reconstruction of public roads which
are or which will be under the respective jurisdiction of either
the City or County, including access or frontage roads if any,
may be acquired by the DOT, for and in the name of either the
City or County depending on whether it is located within the City
or County. The City or County shall receive fee title from the
contract seller and the City or County does hereby agree to
accept title thereto. Where acquired by condemnation, a single
joint condemnation proceeding shall be instituted by the DOT with
either the City or County to acquire real estate and/or rights in
real estate.
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8. Subject to the approval of and without expense to the
DOT, the City agrees to use its best efforts to perform (or cause
to be performed), all relocations, alterations, adjustments or
removals of utility facilities, including but not limited to
power, telephone and telegraph lines, natural gas pipelines,
water mains and hydrants, curb boxes, sanitary sewers, and
related poles, installations and appurtenances, whether privately
or publicly owned, and all other facilities or obstructions which
are located within the limits of an established street, alley or
road and which will interfere with construction of the Project,
all in accordance with the Utility Accommodation Policy of the
DOT.
9. All storm sewers on Mormon Trek constructed by the DOT
as a part of said Project shall become the property of either the
City or County, (depending upon whether they are located within
the City or County) which shall be responsible for their
maintenance and operations.
10. Upon completion of the project the City and County
shall each receive title to and assume full responsibility for
that portion of relocated Mormon Trek Road and the frontage road
from Melrose Avenue connecting to the existing county road
within the City or County respectively.
11. Upon completion of this project the City shall assume
full maintenance responsibility for that portion of Melrose
Avenue which will be within its new Arterial Highway 518
interchange. At that time the City will also be responsible for
all future maintenance of Rohret Road. The DOT shall be
responsible for the structural maintenance of said grade
separation structure at Rohret Road, including repairs to the
floor, railing and painting.
12. It is further agreed by the DOT that the Primary
Highway Iowa 1 -US 6 -US 218 intersection and Iowa Primary Highway
Project from the new Arterial Highway 518 to said Iowa 1 -US 6 -US
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218 intersection and north through the Benton Street intersection j
will be completed during the same construction seasons as the
Arterial Highway 518 project. The DOT further agrees to the
development of the Benton -Riverside project on a 50-50 basis with
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the City during the above -identified construction period.
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8. Subject to the approval of and without expense to the
DOT, the City agrees to use its best efforts to perform (or cause
to be performed), all relocations, alterations, adjustments or
removals of utility facilities, including but not limited to
power, telephone and telegraph lines, natural gas pipelines,
water mains and hydrants, curb boxes, sanitary sewers, and
related poles, installations and appurtenances, whether privately
or publicly owned, and all other facilities or obstructions which
are located within the limits of an established street, alley or
road and which will interfere with construction of the Project,
all in accordance with the Utility Accommodation Policy of the
DOT.
9. All storm sewers on Mormon Trek constructed by the DOT
as a part of said Project shall become the property of either the
City or County, (depending upon whether they are located within
the City or County) which shall be responsible for their
maintenance and operations.
10. Upon completion of the project the City and County
shall each receive title to and assume full responsibility for
that portion of relocated Mormon Trek Road and the frontage road
from Melrose Avenue connecting to the existing county road
within the City or County respectively.
11. Upon completion of this project the City shall assume
full maintenance responsibility for that portion of Melrose
Avenue which will be within its new Arterial Highway 518
interchange. At that time the City will also be responsible for
all future maintenance of Rohret Road. The DOT shall be
responsible for the structural maintenance of said grade
separation structure at Rohret Road, including repairs to the
floor, railing and painting.
12. It is further agreed by the DOT that the Primary
Highway Iowa 1 -US 6 -US 218 intersection and Iowa Primary Highway
Project from the new Arterial Highway 518 to said Iowa 1 -US 6 -US
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218 intersection and north through the Benton Street intersection j
will be completed during the same construction seasons as the
Arterial Highway 518 project. The DOT further agrees to the
development of the Benton -Riverside project on a 50-50 basis with
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the City during the above -identified construction period.
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13. The County will promptly execute and deliver to the DOT
Agreement No. CR -90 revised 4-.2-80 covering construction of
Arterial Highway 518 between the south line of Johnson County and
1 Interstate 80. All provisions of said Agreement No. CR -90 shall
j be incorporated as a part of this Stipulation of Settlement.
14. Upon execution of this Stipulation of Settlement the
Plaintiff, City of Iowa City, shall dismiss with prejudice the
above -captioned lawsuit. The City further agrees and covenants
not to bring suit, other than for failure to comply with this
Stipulation of Settlement or other agreements referred to herein,
which would challenge, oppose or delay the construction of
Arterial Highway 518 in Johnson County.
15. This Stipulation of Settlement will be filed with the
Clerk of Court as a part of this action. The City and the DOT
will each pay 50 percent of the court costs of this action.
Dated this day of •Q , 1980.
On Behalf of City of Iowa City, Iowa: On Behalf of Iowa DOT:
pz�rond L. Kassel
John Ba mer, Mayori.rector
,.'q ' -
ayk,ty�Attorney
David A. Elderkin
Special Counsel for the City
On Behalf of Johnson County, Iowa:
Robe dwin
General Counsel
Iowa Department of
Transportation
J. Pat i k White, Assistant County Attorney
JORM VMICR�LAS
CEDAR RAPIDS •DES MOINES
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Harold Don
elly,
Board
of Super isors
Robe dwin
General Counsel
Iowa Department of
Transportation
J. Pat i k White, Assistant County Attorney
JORM VMICR�LAS
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On Behalf of the Chambers of Commerce
Of Iowa City and Riverside, and
the members �thereof, and The City of Hills:
JZ_y, ?6hari, Attorney
CEDAR RAPIDS • DES MOINES
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IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY
CITY OF IOWA CITY,
Petitioner,
Vs.
LAW NO, 45014
DISMISSAL WITH PREJUDICE
IOWA DEPARTMENT OF TRANS—
PORTATION,
Respondent.
COMES NOW Petitioner City'of Iowa City by and
n
through its attorneys of record and dismisses the ab oV,4c
x � o
captioned case with prejudice. �o
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DAVID A. ELDERKIN &
CLIVE V. CLARK of
ELDERKIN, PIRNIE, VON LACKUM & ELDERKIN
619 Higley Building, P. 0. Box 1968
Cedar Rapids, Iowa 52406
ATTORNEYS FOR PETITIONER.
CERTIFICATE OF SERVICE
Ilia under;i:d here:%eOdlihd Ihtalma tep%ol the faccgolny
InsUumerte+.;ex::7c':nt::hoFlhs0llomeysohecordof all
Partin tD mn;it%cnsl0singlhssins Inan
crectops dtL•::::9 t� c::7 s.eh oltorsy al his rspnilve ad-
Isll% W 0, i:id L7 fUa7 said envelope In o Unilhd I !or
Post 011110d:pa:ll7rylaCsafRapids,lonaon.... — J7
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EIDEPAIll PIR111E, Ulf IACRUEI & F,IDER%17
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— I .w"M MICHTLAB. ...
CEDAR RAPIDS • DES MOINES
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Council Member
d the
Resolution entitled '— RE pLU IT ON DIRECTINGoTHE eDELIVERY lOFwing
CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its
adoption. Council Member Vevera
motion to adopt. The roll was called and the votecondewas, the
AYES: Lynch Neuhauser, Ferret Roberts,
Vevera, Balmer, Erdahl
NAYS: None
Whereupon, the Mayor declared the following Resolution
duly adopted:
RESOLUTION DIR80-130
ECTING THE DELIVERY
OF CONSTRUCTION WARRANTS IN PAYMENT
OF CONTRACT
WHEREAS, the Council of the City of Iowa City, Iowa,
heretofore entered into contract for the construction of the
1979 BDI Second Addition Improvements, and in said contract
provided that payment to the contractor or contractors, and
others, would be made at the option of the City by the
delivery of Construction Warrants issued pursuant to Section
389.57 the City Code of Iowa, bearing interest at seven
percent (7B) per annum; and
WHEREAS, the following balances are owing in connection
with the construction of said public improvements above
referred to, and have been duly approved by the Project
engineer with provisions for retaining not less than ten
percent (108) thereof, as required by Chapter 573, Code of
Iowa, 1979, as amended, to -wit:
TO:
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AHLERS. COONEY. DORWEILER, HAYNIE S SMITH, LAWYERS, DES MOINES. IOWA
MICROFILMED BY
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and
WHEREAS,. the above firm or firms are now entitled to
payment for said sums owing:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
That the Mayor and Clerk are authorized and directed to
execute and deliver to said above contractor or contractors,
and others, Construction Warrants drawn on the 1979 BDI Second
Addition Improvements Construction Fund, as follows:
CONSTRUCTION
WARRANT NO. TO DATE AMOUNT
10 Parkview Co: 04/08/80 $30,414.35
-3-
COONEY. DORWEILER. HAYN IEA SN11H. LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM MICR+LA9
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PASSED AND APPROVED, this 15th day of April ,
19 80. _
ATTEST:
17/1 1I
Clerk —
(SEAL)
—4—
AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DEB MOIN E9. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
No. 10 $ 30,414.35
UNITGD STATES OF AMERICA
STATE OF IOWA
CITY OF IOWA CITY
1979 EDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT
This instrument is evidence that the City of Iowa City, Iowa,
hereby promises to pay to Parkview Co. of Iowa Ci_ it
,
its successors or assigns, the sum o1� 30,414.35 , wit interest
thereon at the rate of seven percent (78) per annum, until
called for payment. Interest shall commence if this warrant
is not paid upon presentation hereof.
This warrant is drawn on and payable solely from the
1979 EUI Second Addition Improvements Construction Fund, or
any fund from which payment for such work may be made.
This instrument is one of a series of similar instruments
given in payment for street and sewer improvements designated
as the 1979 EDI Second Addition Improvements, of said City, being
constructed under contract dated June 15 , 1979 , and issued
under authority of Section 384.57 of the City Code of Iowa.
The City of Iowa City reserves the right to prepay the
amount represented hereby at.any time with accrued interest to
the date of such payment. Both principal and interest of this
Warrant are payable at the office of the City Treasurer or
Financial Officer of the City of Iowa City, State of Iowa.
IN WITNESS WHEREOF, the City of Iowa City has caused this
instrument to be executed by its Mayor, and attested by its
Clerk, with the seal of said City affixed as of the 8 day
of April , 1980 .
OF IOWA CITY, IOWA
(SEAL) &I -TY Q ", f--)
ATTEST: ,M&y
Clerk
This instrument presented and not paid for want of funds
this �_ day of�� , 19
City Treas rer
ANL• COONEY. DONWEILEA. HAYNIC h SMIIN. LAWYCAR, DCB MOINES. IOWA
MICROFILMED BY
JORM MIC R�)LAB
CEDAR RAPIDS • DES MOINES
ASSIGNMENT
The attached Construction Warrant in the amount of
$ , is hereby assigned to ,
in consideration of receipt by the undersigned from said
assignee of the sum of $ _
Dated this day of _, 19
(Insert name of company or engineer
or other person entitled to the
temporary obligation and be certain
that the assignment is properly
executed by the officials of the
respective company, engineer, or
other person so entitled thereto.)
AHLERE. r. WNEY. DORWEILER. HAYNIE A SMITH, LAWYERS. DEB MOINES. IOWA
MICROFILMED DY
JORM MICR+LAB
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RESOLUTION NO. 80-131
A RESOLUTION AUTHORIZING THE MAYOR TO CONVEY VACATED
SAND LAKE DRIVE IN IOWA CITY, IOWA TO JAMES AND BRENDA
SCHINTLER, RONALD AND MARILYN SCHINTLER, AND RICHARD
AND BARBARA SCHINTLER.
WHEREAS, the City of Iowa City held a public hearing on March 25 ,
1980, regarding the proposed disposition of vacated Sand Lake Drive, more
particularly described in Exhibit A attached hereto and thereby
incorporated herein by reference; and
WHEREAS, the City shall acquire a portion of land adjacent to vacated Sand
Lake Drive and owned by James and Brenda Schintler; Ronald and Marilyn
Schintler; and Richard and Barbara Schintler; all in furtherance of the
FAUS Gilbert Street Project; and
WHEREAS, the conveyance of vacated Sand Lake Drive to the Schintlers will
facilitate settlement in acquisition of property owned by the Schintlers
and known as Parcel 5 of the South Gilbert Street Project.
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
that the Mayor and City Clerk are hereby authorized to convey property
described in Exhibit A to James R. and Brenda L. Schintler; Ronald W. and
Marilyn A. Schintler; and Richard J. and Barbara J. Schintler as part of a
settlement in lieu of condemnation of Parcel 5, South Gilbert Street
Project.
It was moved by Perret and seconded by Roberts the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
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Lynch
RESOLUTION NO. 80-131
A RESOLUTION AUTHORIZING THE MAYOR TO CONVEY VACATED
SAND LAKE DRIVE IN IOWA CITY, IOWA TO JAMES AND BRENDA
SCHINTLER, RONALD AND MARILYN SCHINTLER, AND RICHARD
AND BARBARA SCHINTLER.
WHEREAS, the City of Iowa City held a public hearing on March 25 ,
1980, regarding the proposed disposition of vacated Sand Lake Drive, more
particularly described in Exhibit A attached hereto and thereby
incorporated herein by reference; and
WHEREAS, the City shall acquire a portion of land adjacent to vacated Sand
Lake Drive and owned by James and Brenda Schintler; Ronald and Marilyn
Schintler; and Richard and Barbara Schintler; all in furtherance of the
FAUS Gilbert Street Project; and
WHEREAS, the conveyance of vacated Sand Lake Drive to the Schintlers will
facilitate settlement in acquisition of property owned by the Schintlers
and known as Parcel 5 of the South Gilbert Street Project.
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
that the Mayor and City Clerk are hereby authorized to convey property
described in Exhibit A to James R. and Brenda L. Schintler; Ronald W. and
Marilyn A. Schintler; and Richard J. and Barbara J. Schintler as part of a
settlement in lieu of condemnation of Parcel 5, South Gilbert Street
Project.
It was moved by Perret and seconded by Roberts the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
X
Erdahl
X
Lynch
x
Neuhauser
X
Perret
X
Roberts
x
Vevera
Passed and approved this 15th day of April
17980.
YOR
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS - DES MOINES
Received $ Approved
BY 9 T Legal Department
0
AGREEMENT
IS
by andHbetweenEtheTCitydofand Iowantered City, anto this 16thamunicipaT corporation�Pril hereinaftter
referred to as "CITY", and James Robert Schintler, Brenda L. Schintler,
Ronald William Schintler, Marilyn Anne Schintler, Richard Joseph Schintler
and Barbara J. Schintler, hereinafter referred to as "OWNERS".
WHEREAS, the City of Iowa City has deemed it in the public interest
to undertake the FADS South Gilbert Street Project in order to facilitate
traffic flow; and
WHEREAS, present plans for the new relocated South Gilbert Street
provide for elimination of the current Sand Lake Drive after construction
is completed, since the new road will run parallel to existing Sand Lake
Drive in a northerly -southerly direction; and
WHEREAS, OWNERS have an interest in land adjacent to current Sand
Lake Drive right-of-way; and
WHEREAS, both CITY and OWNERS desire to minimize traffic and safety
problems due to the close proximity of realigned South Gilbert Street
which will run parallel to existing Sand Lake Drive.
NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES:
I. CITY agrees to vacate, by Ordinance and according to law, that
portion of Sand Lake .Drive right-of-way, which real estate is
more particularly described u follows:
Beginning at the NW corner of Lot 16 Sand Lake Addition to
the City of Iowa City, Iowa; thence SO003111111W 100.00
feet; thence N89022149"W 50.00 feet; thence 110003711111E
24.82 feet; thence northerly 76.11 feet along a 1015.83
foot radius curve concave easterly and whose 76.09 foot
chord bears N12013'03"E; thence N8903411011E 34.71 feet to
the point of beginning. Said tract contains 4,446 square
feet more or less. Also subject to a utility easement over
the entire tract except the east 15 feet thereof.
See attached survey, Exhibit A.
2. CITY agrees to convey. said vacated right-of-way to OWNERS no
later than the J51 day of1980, in accordance
with procedures set forth n Chai - pter 364, Code of Iowa 1979;
said conveyance, however, shall be subject to CITY's retaining
and OWNERS' granting a permanent easement over the entire tract
except the east 15 feet thereof for purposes of utility
easement.
3. CITY and OWNERS agree that said conveyance shall be made in
order to facilitate settlement in lieu of condemnation of
Parcel 5 in the FAUS South Gilbert Street Project; and further
agree that in consideration of said settlement, the CITY shall
tender a warranty* deed no later than April 15, 1980 transferring
all rights, title and interest to;OWNERS-as of that date.
4. CITY agrees to provide OWNERS with an Abstract of Title for said
vacated right-of-way at no cost to OWNERS.
5. CITY shall make every effort during construction of said South
Gilbert Street Project to provide reasonable access to OWNERS'
property located at 1616 Sand Lake Drive, in Iowa City, Iowa,
which construction shall be'completed no' later than November
15, 1980, as set forth in the construction schedule; howaoar4
Ehix;par,fAo*zngreczxLhatzxttxfaitUri x4yxr„ 4t?.1ZZt4tzxggczpb04a6
@flBAIrAERi>7¢Aesaxdur9ngif;onsirn[tfonxarzzaxtompdaimz;h7r2pz•b�Jatx
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CEDAR RAPIDS • DES MOINES I -
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1 kvf l Rin¢xJ5ocawn=h4!1AZCKak3uaxxt1x2xcnrurxefza1ztta¢rayMia>g X;hez
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6. Parties agree to the following without any additional
assessment of costs or fees, said tasks to be carried out during
the construction of relocated South Gilbert Street between
April 15 and November 15, 1980:
(a) Provide two (2) new sewer stubs to OWNERS' property west of
relocated South Gilbert Street, which OWNERS' property is
more particularly described as:
Lot Twelve (12) Sand Lake Addition to the City
of Iowa City, Iowa.
Said work will be carried out as part of CITY's original
construction contract, and the sewer stubs shall be placed
where directed by owners.
(b) Remove existing Sand Lake Drive pavement and provide fill
as necessary, said removal to be carried out by original
construction contractor.
(c) Install approaches and sidewalks which will front on
OWNERS' existing building located at 1616 Sand Lake Drive,
and more particularly described as Lot 16 Sand Lake
Addition to the City of Iowa City, Iowa.
Said work shall be carried out by original construction
contractor.
(d) CITY shall provide two (2) new water services to OWNERS'
property west of relocated South Gilbert, Lot Twelve (12),
together with one (1) stop box for each water service line.
Said work will be done by CITY staff.; said facilities to be
installed where directed by owners.
(e) CITY will tie existing water service line directed to
OWNERS' building located at 1616 Sand Lake Drive, Lot 16,
to new twelve (12) inch main to be installed on the East
side of relocated South Gilbert. Said work shall be done
by CITY staff.
7. OWNERS agree to install, at no expense to the CITY, the two new
driveways across vacated portion of Sand Lake Drive conveyed to
OWNERS by CITY (Lot 16 and more particularly described in
paragraph one above). Said pavement shall be installed after
completion of relocated South Gilbert Street, and in no event
shall said pavement he installed later than November 15, 1980.
THIS AGREEMENT shall be binding upon the successors and assigns of
the parties hereto; provided, however, that no assignment shall be made
without the written consent of all parties to said Agreement,
7
CEDAR RAPIDS • DES MOINES I
3
{� THE UNDERSIGNED DO HEREBY STATE that this Agreement is executed in
r,+ triplicate, as though each were an original; and that there are no oral
agreements that have not been reduced in writing in this instrument.
FOR THE CITY:
ATTEST:
CITY CLERK
FOR THE OWNERS:
` JAME5 ROBERT SCHINTLER
RONALD WILLIAM SCHINTLER
RICHARY JOS PH SCHINTLER
OWNERS' ACKNOWLEDGEMENT:
STATE OF IOWA )
SS:
COUNTY OF JOHNSON
BRENDA L. SCHINTLER
1)� R����.,f� !'.,,�c
MARILYN .'ANNE iCHIN�
BARBARA J. �CHINTLER
On this day of n, c �'- 1980, before me, the
undersigned, a eu�Notary Public In and for the State of Iowa, County of
Johnson, personally appeared
James Robert Schintler, Brenda L. Schintler, Ronald William Schintler,
xninrler• I to
me known to be the identical persons named in and who executed the
foregoing instrument and acknowledged that they executed the same as their
voluntary act and deed. i
N 69'34'10E POINT OF BEGINNING
-------------
34.71'
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N89°2249 W ---__-_------
DESCRIPTION OF TRACT
Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa
thencelN00637hene 11"E 24.827feet; thhenc0 feet; thece ce northerlyn76.189feet4allong0a011015.83
foot radius curve concave easterly and whose 76.09 foot chord bears N12013'
03"E; thence N89034'10"E 34.71 feet to the point of beginning. Said tract
contains 4,446 square feet more or less. Also subject to a utility easement
over the entire tract except the east 15 feet thereof.
I hereby certify that this survey was made under my direct personal super-
vision and that I am a duly registered land surveyor under the laws of the
State of Iowa.
SIGNED:��� DATE: _�—Zs>' 79
Robert D. Mickelson; L.S. 0036
Subscribed and sworn before me this �yL day of�rf „c�t�, 1979.
`,"`p,MllllllOrylry,
Notary bl i , Johnso County, Iowa
v � :
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CEDAR RAPIDS • DES MOINES
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-------------
34.71'
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O z SAND LAKE
-I Oo ADDITION
In N 1- O °
SCALE 1"= 20 2 w. - O
2: 0
FOUND PIN • w
SET V2" PIN o F wl
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50.00'
N89°2249 W ---__-_------
DESCRIPTION OF TRACT
Beginning at the NW corner of Lot 16 Sand Lake Addition to the City of Iowa
thencelN00637hene 11"E 24.827feet; thhenc0 feet; thece ce northerlyn76.189feet4allong0a011015.83
foot radius curve concave easterly and whose 76.09 foot chord bears N12013'
03"E; thence N89034'10"E 34.71 feet to the point of beginning. Said tract
contains 4,446 square feet more or less. Also subject to a utility easement
over the entire tract except the east 15 feet thereof.
I hereby certify that this survey was made under my direct personal super-
vision and that I am a duly registered land surveyor under the laws of the
State of Iowa.
SIGNED:��� DATE: _�—Zs>' 79
Robert D. Mickelson; L.S. 0036
Subscribed and sworn before me this �yL day of�rf „c�t�, 1979.
`,"`p,MllllllOrylry,
Notary bl i , Johnso County, Iowa
v � :
7036 t uKCr _21
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CEDAR RAPIDS • DES MOINES
1
I
RESOLUTION NO. 80-132
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH
CHARLES J. R. McCLURE AND ASSOCIATES, INC.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with
he Civi
Charles J. R. McClure and Associates, Inc., for remodeling of tc Center
heating, ventilating, and air conditioning systems, which agreement was approved
by Council on February 27, 1979 ; and
WHEREAS, the City Council deems it in the public interest to enter into said
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the amendment to the Agreement with Charles J. R. McClure and Associates,
Inc.
2. That the City Clerk shall furnish copies of said agreement to any
citizen requesting same.
It was moved by Neuh auser and seconded by Roberts the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Erdahl
X Lynch
X Neuhauser
X Perret
X Roberts
X Vevera
Passed and approved this 15th day of April 1980.
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
i.
Received & Approved
By The Legal Departenf
790
A
I
H
AGREEMENT AMENDMENT
The City entered into an agreement on February 27, 1979 with Charles
J. R. McClure & Associates, Inc. of St. Louis, Missouri, hereinafter
referred to as Consultant. The energy audit portion of that agreement has
been completed. The City Council has authorized the following
improvements:
j1. New refrigeration system for Civic Center air conditioning.
2. Improvement of the air handling systems for the Civic Center.
3. Installation of humidification equipment for the Civic Center.
4. Modifications to the heating system for the entire complex.
5. Air conditioning of the Police Department as a bid alternate.
The agreement dated February 27, 1979 is to be amended as follows:
SECTION V COMPENSATION FOR SERVICES
Phase I -B - Design Phase - This section shall be amended to read as
follows:
Phase I -B - Design Phase - The City will pay the Consultant on
an hourly rate based on the rate schedule attached as Appendix
C. The "not to exceed" for this portion of the agreement shall
be $8,500.
Phase I -C - Bidding and Construction Phase - This section shall be
amended to read as follows:
Phase I -C - Bidding and Construction Phase - The City will pay
the Consultant on an hourly rate based on the rate schedule
attached as Appendix C. The "not to exceed" for this portion of
the agreement shall be $3,000. This is based on a maximum of 5
trips to the job site. Additional visits will result in an
adjustment upward to the "not to exceed."
Section C - This section shall be amended to read as follows:
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
1
WO
a
i
i
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i
I
I
i
AGREEMENT AMENDMENT
The City entered into an agreement on February 27, 1979 with Charles
J. R. McClure & Associates, Inc. of St. Louis, Missouri, hereinafter
referred to as Consultant. The energy audit portion of that agreement has
been completed. The City Council has authorized the following
improvements:
j1. New refrigeration system for Civic Center air conditioning.
2. Improvement of the air handling systems for the Civic Center.
3. Installation of humidification equipment for the Civic Center.
4. Modifications to the heating system for the entire complex.
5. Air conditioning of the Police Department as a bid alternate.
The agreement dated February 27, 1979 is to be amended as follows:
SECTION V COMPENSATION FOR SERVICES
Phase I -B - Design Phase - This section shall be amended to read as
follows:
Phase I -B - Design Phase - The City will pay the Consultant on
an hourly rate based on the rate schedule attached as Appendix
C. The "not to exceed" for this portion of the agreement shall
be $8,500.
Phase I -C - Bidding and Construction Phase - This section shall be
amended to read as follows:
Phase I -C - Bidding and Construction Phase - The City will pay
the Consultant on an hourly rate based on the rate schedule
attached as Appendix C. The "not to exceed" for this portion of
the agreement shall be $3,000. This is based on a maximum of 5
trips to the job site. Additional visits will result in an
adjustment upward to the "not to exceed."
Section C - This section shall be amended to read as follows:
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
1
WO
C. Computer time for design work times a multiplier of 1.15.
The undersigned do hereby state that this Agreement is executed is
executed in triplicate, as though each were an original, and that there
are no oral agreements that have not been reduced in writing in this
instrument.
FOR THE CITY OF IOWA CITY, IOWA:
—fit• ro i
CITY CLERK (�
STATE OF IOWA
COUNTY OF JOHNSON
FOR CHARLES J. R. NCCLURE
AND ASSOCIATES, INC.:
TVtCSrc�ir ��
�-I
On this ZL day of 2 . 1980, before me, a Notary Public
duly commissioned and qu lified,in incl for/said County and State,
personally appeared �� 144 L�� Lf?,Er�trt/ , Mayor of the City of Iowa
City, Iowa, and Mafian K. Karr, Deputy Clerk, each being to
me personally known to be the identical persons and officers
named in the foregoing instrument, who executed the same under and by virtue
of the authority vested in them by the City Council of said City, and each
for himself acknowledged the execution thereof to be his voluntary acct and
deed for purposes herein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at. Iowa
City, Iowa, the day and year last above written.
tubi. ry Public in and for
in nson County, Iowa
STATE OF
COUNTY OF
On this day of 11 1, , 1980, before me, the undersigned,
a Notary Public in•and,for sa y and �a��il State, rsogally
appeared �I IA; 'II � �' r. and —J4,� . d 1 11 ,
to me persdi by me duly sworn( did say teat they are
the 'VI? + and � III respectively,
of said corporation; that no seal has been pepcured by the said) (the
seal affixed thereto is the seal of said) corporation; that said instrument
was signed and sealed on behalf of said)corporaLion by authority of its
Board o Directors and that the said(.,IIAI ... and
as such officers, acknowledged tie execution
of said instrument to be the voluntary act and gleed of said corporation,
by it and by them voluntary executed.
8ecoived $ Appruvccl
lsy The Legal Deparhoont
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Notary Puhlic in and for said
County and State
My nr..c,imt Fspirrs h;a 15 198t,
0
I
ASSOCIATE ENGINEERS
ALBERT W. BLACK. III
WILLIAM J. COAD
RALPH H. METCALF
PHILIP D. SUTHERLIN
GERALD J. WILLIAMS
I— APPENDIX "CII
CHARLES J. R. MCCLURE AND ASSOCIATES INC.
HEATING • AIR CONDITIONING • PLUMBING • POWER GENERATION
CONSULTING ENGINEERS
Rate Schedule for Engineering Services Effective March I, 1980;
Principals --------------------------- $85.00/hour
Senior Engineers --------------------- $40.00/hour
Office Engineers---------------------- $30.00/hour
Engineering Technicians/Designers ----- $30.00/hour
Draftsmen --------------------------- $20.00/hour
Stenographers ----------------------- $15.00/hour
7918 BIG BEND BOULEVARD
ST. Louie. MISSOURI 93119
( 314) 948.9232
Reimbursement of expenses of travel and document duplication.
United Computing System shared time service charges will be invoiced at
cost plus 15%.
MICROFILMED 1
JORM MICR�LA13
CEDAR RAPIDS • OES MOINES
1
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!`1
RESOLUTION NO. go-, 1,3
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT.
contrWHEREAS, notice af
act, and estimateofucost for blic rthe construing on the ction�ofpthe fabove-namedorm projof
ect
was published as required by law, and the hearing thereon held, and
WHEREAS, the Scott Boulevard Paving Improvement Project is being undertaken
to improve the Scott Boulevard area with an estimated cost of $1,182,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE ABOVE-NAMED PROJECT ARE HEREBY APPROVED.
It was moved by Nash_ and seconded b
erts
that the Resolution as read be adopted, and upon roll ca lIt ere were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
X Neuhauser
x Perret
-- Roberts
x Vevera
j Passed and approved this 15th day of _ April
I 1980.
,
MICROFILMED BY
JORM MICR;LAB
CEDAR RAPIDS • DES MOINES
Reeoived 8 Approved
By Th- L n;.1 C r+rtmpmt
)(S 4-3-7c]
M
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M
RESOLUTION NO. 80-134
RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR
CLASSIFIED PERSONNEL BY REINSTATING A POSITION
OF BUILDING INSPECTOR UNTIL OCTOBER 1, 1980
WHEREAS, the City of Iowa City has undertaken contracts with private firms
to replace sidewalks and provide handicapped accessible curb cuts as part
of the CDBG Neighborhood Improvement Program and,
WHEREAS, a City staff person is required to monitor field construction for
contract compliance and,
WHEREAS, a Building Inspector is currently performing sidewalk inspection
services,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Building Inspector position eliminated from the FY81 budget
be reinstated until close of work September 30, 1980.
It was moved by F.rdahl and seconded by Neuhauser the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 15th day of April , 1980.
�-MAYOR
ATTEST: (24L &4
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Reeeived & Appmved
By the rbol b=prnme�
I
-es
I
i
RESOLUTION NO. 80-134
RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR
CLASSIFIED PERSONNEL BY REINSTATING A POSITION
OF BUILDING INSPECTOR UNTIL OCTOBER 1, 1980
WHEREAS, the City of Iowa City has undertaken contracts with private firms
to replace sidewalks and provide handicapped accessible curb cuts as part
of the CDBG Neighborhood Improvement Program and,
WHEREAS, a City staff person is required to monitor field construction for
contract compliance and,
WHEREAS, a Building Inspector is currently performing sidewalk inspection
services,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Building Inspector position eliminated from the FY81 budget
be reinstated until close of work September 30, 1980.
It was moved by F.rdahl and seconded by Neuhauser the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 15th day of April , 1980.
�-MAYOR
ATTEST: (24L &4
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Reeeived & Appmved
By the rbol b=prnme�
I