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Home My WebLink About1978-10-24 Resolutionbti itUrlLi4E1 BY JURI4 I.1ICROLAB • CEDAR RAPIDS AND DES MUU4L�, IUWA .. RESOLUTION NO. 78-462 RESOLUTION OF APPROVAL OF, CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, "C" Application is hereby approved for j 1 that a Class Beer Permit the following named person or persons at the following described locations: i Drug Fair #4, Inc. dba/Drug Fair #4, 2425 Muscatine Ave. 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 together beendorsed upon the application and forward the same bond; and all other' information or with the licensefee;, surety to the Iowa Beer and Liquor Control Department. "`'' ,required documents- ;d It was moved by Balmer and seconded by Neuhauser call there that the'Resolution as read be adopted, and upon rol were: AYES: NAYS: ABSENT: 1 Balmer x deProsse x Erdahl X 6 Neuhauser x „ Perret x Roberts x Vevera x s October 1978 24th Passed and approved this day of k i sw' A Mayor, j g Attest= City Clerk .Y WWMicRorILMED By { ' JORM MICR+LAE3 , ': CEDAR RAPIDS • DES MOINES f -I lUtWf ILMED BY':DORM 141CROLAB CEDAR RAriOS AND UES r ' I ' I RESOLUTION NO. 78-463 RESOLUTION OF APPROVAL OF CLASS C Bear SUNDAY PERMIT APPLICATION l BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, j that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Drug Fair #4, Inc. dba/ Drug Fair #4,,2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to } I • be endorsed upon the application and forward the same together with the license fee, bond, ,and all other information or docu- ments required to'the Iowa Beer and Liquor Control .Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: i f , r� _ :.,. AYES: NAYS: ABSENT: ,. oil.Balmer ,. x deProsse x Erdahl x Neuhauser x c BE Perrot x R 1 Roberts x .Vevera x l+ Passed and approved this 24th day of October 19 78 S Mayor x � f Attest: < r� Z" E City Clerk i { ~�MiCROrILMED BY DORM. MICR+LAB "I CEDAR. RAPIDS • DES MOINES. I•il i1Ui 1LigLD BY JORM I•IICROLAB CEDAR RAPIUS ANO Ut i I � RESOLUTION N0. 78-464'' RESOLUTION APPROVING CLASS C �. LIQUOR.; CONTR OL LICENSE APPL Tn-nM i . i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application ' is hereby appprove&7or the following "named person or persons at the following described location: ? Richard J. Bartholomew dba/Bart's Place, 826 South Clinton E Said approval shall be subject to any conditions or re- I etrictione hereafter imposed by ordinance or State law. The City Clerk shall cause a recomseIodation -for approval s to he!endorsed upon the application and forward,the same together with the license fee, certificate of`financial. andall responsibility, surety bond, sketch of'the premises other information or documents required to the Iowa Beer and Liquor Control Department. I It was moved by Balmer and seconded by Neuhauser lc and roll that the Resolution as rea3-6e adopted, upon b' there were: ' f AYES: NAYS: ABSENT: , Balmer x deProsse x Erdahl x x Neuhauser x Perret x x Roberts Vevera'' x J Passed and ad this 24th day of October 19 78 prove i IMayor Attest:' r I City Clerk ! i, FILMED BY - JORM'MICR+LAB _ CEDAR RAPIDS'• DES MOINES ttiCitOtilihcil BY JORM 141CROLAB .CEDAR RAPIDS AND. DES MUINL>, tJWA MjyWFiLMED BY JORM MICROLAB CEDAR RAPIDS AND ULb MUINL7, iuwn Y ENGINEER'S REPORT October 17, 1975 To the Honorable Mayor G'City Council Iowa City Iowa -i Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements a ?' 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. 'i Concrete paving and storm sewer for Alley Paving Project 93(adjacentto Pentacrest'Apartments) as constructed by x Metro Pavers, Inc., Iowa City, Iowa. I -1 hereby recolmncnd that the above mentioned improvements be accepted by the City of Iowa City. ' "Respectfully submitted, 4 Charles J.'Schmadeke, P.E. ' Assistant City Engineer J.E I CJS/FF/JP i I I I 1• MICROFILMED BY t 1 JORM'. MICR+LA6 CEDAR RAPIDS • DES MOINES i ;� :.jiLRDriLMEu BY JORM MICROLAB CEDAR RAPIDS AND DES MLINL7, i.iwn h11LRU1-1G4 D BY JORM 141CROLAB CEDAR RAPIDS AND DES '40111ES, IUWA Y ;r. I( 4. , ENGINEER'S REPORT' October 18; 1978 t To the Honorable Mayor and City Council Iowa City j Iowa = — 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 EngineeringDivision of the wc' City, of Iowa City. The required maintenance bond is on file in the City Clerk's office. f Concrete paving on Seventh Avcnue and Winston Drive as constructed by Metro Pavers, Inc., Iowa City, Iowa, j and storm sewer and sanitary sower as constructed by Sulzberger Excavating, Muscatine, Iowa; all for / Windsor Ileights, Fifth Addition; but not including detention areas and paving, storm and water on Windsor Court. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke,' I'.E. Assistant City Engineer � cis/I'I'/JP , ; 141CROrILMED BY _..._ 1 DORM MICR6LAB , ^ ' CEDAR RAPIDS .• DES MOINES 1,1Lil01 ILME0 BY JORM 14ICROLAB • CEDAR RAPIDS AND DES MUINL`, IVwN i" \0 Resolution No. 78-468 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR APPRAISAL SERVICES WITH WINEGAR APPRAISAL COMPANY WHEREAS', the City requires adequate and competent appraisals for the purpose of acquiring property and/or property rights in connection ' with the FAUS Gilbert Street project; and j i WHEREAS, the, appraiser, Winegar Appraiser Company, certifies to be qualified and willing to prepare such appraisals, r r NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor is authorized to execute and the City Clerk to attest i a contract for appraisal services with Winegar Appraiser Company. r I 1 i r1 i It was moved b Balmer Y and seconded by 13 Roberts that the Resolution be adopted, and upon roll call , There were:% , 1 AYES: NAYS: ABSENT: i ;� x._ Balmer " z- deProsse If z- Erdahl !, x Neuhauser x Perret a x Roberts x __ — Vevera Passed and approved this 24th day of October 1978, MAYOR ATTEST: CITY CLERK f i 1 jiT;C1S1Cup '. ; 1963 I 141CROFILMED BY < JORM MICR+LAB . I CEDAR RAPIDS • BES MOINES I-IiwWiiLMLU BY JORM 141CROLAB CEDAR RAPIJS AND UES MUINL�, -" y yo i CONTRACT FOR APPRAISAL SERVICES ,_ II Project FAUS Gilbert St. in JohnsonCounty, Iowa Contracting Appraiser, or Firm Winegar Appraiser Company Address. 402 Savings & Loan Building City Des Moines State Iowa Zip Code 50309 THIS AGREEMENT, entered into this y7Ztkday of e to-" 19 Y? by and between the City of Iowa City, Iowa, (hereinafter called the City) and " Winegar `Appraisal 'Company (hereinafter called the Appraiser). WHEREAS, the City requires adequate and competent appraisal for the purpose of acquiring property and/or ''property rights in connection with the above :iden- ;i tified highway project; and WHEREAS, the Appraiser certifies to be qualified and willing to prepare such appraisals in accordance with the standards and criteria hereinafter set forth, i1 and pursuant to the terms, provisions and conditions hereof, NOW THEREFORE, the parties hereto do mutually agree as follows: 1 1. The appraiser shall prepare, r'sign and; furnish to the City a separate, i written, appraisal report following .accepted.. appraisal principles. and techniques - 11' q es in accordance with Iowa law and .the General Specifications attached hereto (as Attachment 1 and made a part hereof) for each parcel listed in the attached Schedule of Properties and Fees. And, ;the City, except as otherwise herein provided shall ,pay the Appraiser $ 9200' (as itemized above) ,for his professional services rendered under the terms of this agreement. Both parties agree that the amount of fee per parcel represents a fair payment for services rendered, based on the scope and complexity of the assignment, skills and qualifications of the Appraiser, number of parcels included, amount of information supplied by the City, time allowance 7 for completion and other applicable criteris. The Appraiser agrees that the fee j estimate thereof ie'not based on a percentage of the appraised value or assessed value of any property involved. Except as otherwise provided under the terms of { this, agreement payment shall be made for complete' and delivered reports. Payments shall be requested in writing by the Appraiser and approved by the i Assistant City Attorney. 2. Each parcel of property enumerated in Paragraph 1 refers to and incor- porates all contiguous real: estate or real estate in reasonable proximity there- of that is under ,the same ownership, leasehold or, operating unit, or shall incorporate the property specified by the City in their definition of the ap- praisal`problem. It is understood that the Schedule of Properties in Paragraph r G ip.`1 MICROFILMED BY. s•# JORNA MICROLA13 'CEDAR RAP105 DES MOINES PliuiW1 il-MLD.bY JURM 141CROLAB • CEDAR RAPIDS AND DES IIUI ILS, :•!w 4 2 1 is based on preliminary information and is subject to revision if the total property unit is subsequently determined to be different than that described in the accompanying Parcel Files. Where the schedule of properties has been revised, the City may also revise either the schedule of fees or the delivery date, or both. Revisions in the amount of the schedule of fees under: Paragraph 1 herein may be made for changes in the complexity of the appraisal problem. In making any fee revisions the City, shall consider, in addition to the criteria specified in Paragraph 1 herein, any work performed on the parcel or parcels involved. j 3. It is understood that plan modifications, property acquisition revisions, I and other considerations may necessitate adjustments in the work necessary to the completion of any report required under the terms of this agreement. In any such case the City may also revise the schedule of fees or the delivery date, or both. Revisions in the amount of the schedule of fees of Paragraph 1 herein may be made for changes in the complexity of the appraisal problem. In making any fee revisions the City shall consider, in addition to the criteria specified in Paragraph 1 herein, any, work performed on the parcel or parcels involved. 4. It is agreed that if major changes become necessary in the scope or.char- "' atter of the work to be performed under this agreement or for any of the reasons stated in Paragraph 2 or 3 herein, the schedule of fees under Paragraph'1 herein shall be either increased or decreased in an amount that in the judgment of the ' Citycorresponds to .any change in the total cost of performing the work The I delivery date of any report due under this agreement may be 'similarly revised. In making any fee revisions the City shall consider, in addition to the criteria specified in Paragraph 1 herein, any work performed on the parcel or parcels involved. _ 5. The Appraiser shall not begin work on the appraisal assignment until after the contract has been approved by a proper representative of the City and a completely executed copy has been returned to the appraiser with notice to i proceed. 6. The delivery date for completed appraisal reports under the, terms of this agreement shall be on or before ' Dprpmhpr 15 1978 . Reports shall be considered delivered when in the possession of the Assistant City Attorney located in the Civic Center in Iowa City. In the event the delivery date is extended for a' given: parcel, the report shall be delivered on or before the date specified in the extension. Any extension of the Appraiser's performance time shall be made in writing by the City and shall not entitle the Appraiser to any increase in the Schedule of Fees' enumerated in Paragraph 1 No'report shall be considered complete unless it is documented in a manner consistent w]— h the appraisal assignment for a specifically assignedap rcel and submhd in duplicate (original and one co If the City finds that the report is either' i deficient or incomplete, the Appraiser shall furnish all requested supplemental i data necessary to correct any deficiency or to complete any report in a manner I consistent' with the documentation standard of the appraisal assignment.' No additional payment shall be made for any supplemental data furnished by the ap praiser to correct a deficiency or to complete a report. 7. The Appraiser will, as a condition of the fee stated in Paragraph 1 herein, attend, required meetings and conferences with City staff to provide information and to discuss the various aspects of the appraisal assignment necessary to facilitate the City's review and acceptance of the appraisal report. mICROFILMED BY i DORM MICROLAB CEDAR RAPIDS • DES MOINES" vkiw(01 iLMLu BY JORM MICROLAB. CEDAR RAPIDS AND DES MOINE`, IUWA 8. The Appraiser shall if requested by the City confer, shall if required appear and shall if called to testify either in court or before administrative bodies as an expert witness for the City in support of any completed appraisal report contracted for herein. However, payment for such appearances shall not be included in the Schedule of Fees listed in Paragraph 1, but shall be made as provided in Paragraph 9 herein. appearances and testimony specified in Para - 9. Payment for conferences and graph 8 and necessary preparation time will be computed on the basis of $ 4n-oo per hour for actual hours, including necessary travel time. Such payment will be made when the Appraiser delivers to the City's Legal Office a signed request for payment in duplicate. All such requests for payment shall be identified in the manner provided for in'Paragraph 1 herein, and in addition shall itemize the date, hours and travel time for which payment is requested. 10. The Appraiser will prepare all appraisals made hereunder independent of any other Appraiser employed by the City in the same work and will not sublet, firms except as persons or t assign or otherwise transfer any of the work to other p P otherwise_ provided_ herein. Where necessary the Appraiser may employ a spec- ; ialist to furnish specific value or cost information. -The Appraiser will not j furnish to any other person, corporation, company or agency, except on proper order of court or authorized directive of the City, a copy of any appraisal or any of the information contained therein. ll. The Appraiser will consider all Federal and State laws and ordinances that o the preparation and delivery of all, appraisals made here- . e t � may be applicable P P under. 12.: It is understood that the; Appraiser assumes full and unqualified respon - sibility.for all 'claims and '1iabiIity due to his activities or those of his � agents, representatives or employees. The Appraiser hereby releases and agrees .� 9 11 loss and damage e of whatsoever nature � to save and hold the City.harmless from a 9 1 arising from or growing out of his activities under this agreement. 13. It is understood and agreed that the City may at any time cancel or ter- minate this agreement for any good and reasonable cause. Such cause includes, har of but is not limited to, failure, of the Appraiser to fulfill or disc ge any the, duties or obligations or to otherwise perform in accord with terms of this agreement. The City shall cancel the agreement' by sending notice of cancel- lation to the Appraiser by certified mail. In the event the agreement is can- celled the sole claim or title to any work product either partially or fully completed shall vest in and shall be delivered to the City. Upon the Appraisers delivery of the work product and a request for payment itemized by date and hours the City shall determine the amount of payment due. Payment will be made i on the basis of the schedule of fees for completed appraisal reports and on the basis of pro -rated time for partially completed reports.In no case shall payment exceed the greater of either the schedule of fees specified in Paragraph 1 or any revisions to such fee schedule made under the terms of this agreement. 14. It is understood that it may be necessary to up -date or rewrite an ap- praisal report for either negotiation or court purposes subsequent to the payment of an appraisal fee for services rendered under the terms of this contract. The City wilt notify the Appraiser of any such additional assignment in writing. Payment for, services rendered under this contract shall be in- r l;iiGiWi iLi•1Lu 6Y JOR14 141CROLA3 CEDAR RAPIDS AND 'DES MOTNFE , ;Uwn r 4 creased in an amount as determined by the City. In determining the amount of such increase the City shall consider the criteria specified in Paragraph 1 herein, as well as the amount of work required to up-date or revise the Appraisal report. Requests for payment for such additional assignments shall be identified in the manner provided for in Paragraph 1 herein., 15. The Appraiser warrants not being employed or retained by any company or person, other than a bona fide employee solely for the Appraiser, to solicit or secure this agreement. The Appraiser warrants that no payment or agreement for payment has been made to any company or person, other than a bona fide employee workingsolely for Y the Appraiser, any fee' commission, ion percentage, a e brokers e fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. The Appraiser warrants that there is no direct or indirect present or contemplated future personal interest in any of the propertiescovered by this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or payment. 16. During the performance of this contract, the APPraiser. (hereinafter e , referred to as the "contractor"), for itself, its, assignees and successors in interest agrees as follows: n, 1. J (1) Compliance with Regulations: The contractor shall comply with the ; Regulations relative to nondiscrimination ,and Federally-assisted i programs of the Department of Transportation, Title 49, Code of i Federal Relations, Part 21, as they may be amended from time to time, (hereinafter referred ,to as the Regulations), which are herein incorporated by reference and made "a part of this contract. (2) Nondiscrimination: imination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, religion, creed sex, 'age, disability, marital status, or sexual orientation in theiselection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited :by section 21:5 of the { Regulations, including employment practices when the contract covers 1 a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bi'-dding or negotiation made by the contractor for work to be performed under a subcontract, including procurements ofmaterials or equipment, each potential sub-contractor shall be notified by the contractor of the l ! contractor's obligations' under this contract and the Regulations relative to nondiscrimination on the ground of race, color,;national origin, religion, creed, :sex, age, disability, marital status, or sexual orientation. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information,` and its facilities as may be determined by the Department of Transportation or the Federal Highway OF 141CROf 1LMCD BY iI • J.ORM MICR#LAB CEDAR RAPIDS •DES MOINES I;t k,iUur!LNLu BY JURM HICROLAB CEDAR RAPIDS AND DES MOINES, :vwN 4 5 Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required 'of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City, Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. f (5) Sanctionsfor Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City, or Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to j be appropriate, including, but not limited to, t (a) withholding of payments' to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part: _ (6) Incorporation of Provisions: The contractor will include the pro- visions of Paragraph (1) through (6):in every subcontract, including procurements of materials ,and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or _ procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions' including sanctions for noncompliance: provided, however, in the event a contractor' becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a` result of such j direction, the contractor may request. the State to enter into such f( litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such i litigation to protect the interests of the United States. j 17. In the event the Appraiser is a partnership or firm or corporation, this agreement shall not be binding, nor have any legal force, until and unless each and every individual, who will actually prepare an appraisal or render valuation information as a part thereof has affixed their signature and address hereto. Satisfaction of this condition will not, however, remove, qualify, restrict or 1 diminish the obligations of the partnership, firm or corporation, nor will it generate personal contractual liability on the part of any individual Appraiser fentering their signature. If the officer executing this agreement on behalf of the partnership, firm or corporation is also an individual responsible, for actual preparation or rendering of value information or appraisals for which the partnership, firm or corporation is obligated, that person must so indicate by _ I signing both in the capacity as an officer and as an Appraiser. 'In the event a signing Appraiser is unable to fulfill this agreement, the,appraisal(s) contracted for by the partnership, firm or corporation must be completed by an Appraiser signing this contract or another qualified Appraiser who has received written approval from the City to complete the appraisal assignment covered by this contract. If a corporation is one of the parties to this', agreement, then the date of incorporation and the State' in which it is incorporated shall be indicated hereon. i MICROrILMED BY;;^I JORM MICR+LAE3 CEDAR RAPIDS • DES. MOINES I4iUtUH LMED BY JORM NICROLAB • CEDAR RAPIDS AND UES MUINL�), IUWA Y 6 I Contracting Appraiser is an: (check appropriate space) Individual Partnership _ Firm may_ Corporation If a Corporation, indicate State in which incorporated and date Company Name Winegar Appraisal Company CITY OF IOWA CITY i' BY 0Y12Q O ^ • 1%44A Approved: Address 402 Savings & oan Building By i' I City Des Moines State Iowa Title Mayor I Date BY I Address Attest: 'L City State City Clerk kR i ' I i ASPRD T L IyECVI,VED & IT Dy TiiE LEGAL DElAR ..._._ .. K• •�i'M ICROFILMEO BY ..DORM MICR4LAB I �. CEDAR RAPIDS DES MOINES '',� 1.1iLi<OFiLMED BY JORM 141CROLAB CEDAR RAPIDS AND DES PIDINt), IUWIA ti I i I ATTACHMENT 1 ' Parcel Property Type and Appraisal Fee 1 Vacant Land Before and After S 500 I Salvage Yard Before and After 1,000 2 a 3 Buildings and Vacant Land Before and After 1,000 3 f1, 4 Building and Vacant Land Before and After 700 i � 5 Vacant Land Before and After 500 } l 6 Locker Taking Only 300 Vacant Land Before and After 1,000 7 (may be one or three parcels) 2,000 8 Country Kitchen Before and After lI 300 I 9 Nursery Taking Only 444 Frantz Constructionand 1,000 10 Service Station Before and After 300 11 Excess Row I 300 12 Excess Row + 300 ` 13 Excess Row $9,200 i Total Any existing leasehold interests will also be appraised in the above fee. < s ,I 4 i r I MICROFILM r? I JO R M.,. MICR�LAB .'•� I '.CEDAR RAPIDS DES MOINES -