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HomeMy WebLinkAbout1979-02-20 Resolution^IESOLUTION NO. 79-63 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve%Tor the following named person or persons at the following described location: W. Marcus Hansen dba Gilbert Street Tap, 1134 S. Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Nie _haauuseC that the Resolution as res a adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: I Passed and approved this 20th day of February 19 79 Mayor Attest:! utJ City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES 1101RES 3-29 RESOLUTION NO. 79-64 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Edna Eldeen dba Hilltop Tavern, 1100 North Dodge St. Said approval shall be subject to any conditions or re- strictions 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, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Ljbausar that the Resolution as reeaa adopted, and upon rho Ica there were: Balmer deProsse Erdahl Neuhauser Perret iRoberts Vevera AYES: NAYS: ABSENT: Passed and approved this 20th day of February , 19 79 i Mayor I Attest: City Clerk 33O MICROFILMED BY JORM MICROLAB CEDAR RAPT OS -DES MOIRES RESOLUTION NO. 79-65 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF 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: Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. 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 _Rob rt and seconded b that the Resolution as read d� opted, and upon by Ncahall:Fhere were: i Balmer deProsse l Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x Passed and approved this 20th day of February Attest: L City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 19 79 33/ RESOLUTION N0. 79-66_ RESOLUTION OF APPROVAL OF CLASS C Beer PERMIT APPLICATION— SUNDAY j BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C r Sunda Permit application hereby approved for t�ollowing named person orpersons at the following described location: Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. I Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City be endorsed upon ethe sapplicationaandcforwardtthe samereommendaion foratproval ogetherto 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 Roberts and that the Resolution as read be adopted, and dupon ed yrollNc�there were: i AYES: NAYS: ABSENT: Balmer x I deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x j Passed and approved this 19 79 20th day of February Mayor Attest:. City Clerk MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 33/ RESOLUTION NO. 79_67 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF 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: Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 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 Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll calms 1 there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x r Passed and approved this 20th day of February , 19 79 . Attest: /( City Clerk Mayor r - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES 332 t 1 RESOLUTION NO. 79-68 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION j BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, j that a Class r.gpn, Sunday Permit application is hereby approved for the following named person or persons at the following described location: Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside Dr. 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 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 Roberts and seconded by Neuhauser that the Resolution aT read be adopted, and upon roll call there were: Roberts x Vevera x Passed and approved this 20th day of February 1979 Attest: City Clerk Mayor FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110E11Es 332 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February 1979 Attest: City Clerk Mayor FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110E11Es 332 RESOLUTION NO. 79-69 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION I BE IT RESOLVED BY THE CITY COUNCIL OF 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: Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions i 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. i i It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon rol ca3— ll there l were: AYES: NAYS: ABSENT: Balmer x deProsse x I Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February , 1979 , 2A�&, Mayor Attest: �t City Clerk 333 FIICRDFI LMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1, i RESOLUTION NO. 79_70 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class f.Bear Sunday Permit application is hereby approved for the following named person or persons at the following described location: Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. 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 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 Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: j Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th 19 79 Attest: City Clerk Mayor ABSENT: day of February MICROFILMEO BY JORM MICROLAB CEDAR RANDS -DES MOINES 333 RESOLUTION NO. 79-71 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY79 BUDGET ENDING JUNE 30, 1979. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., March 6, 1979, June 30, 1979. to permit any taxpayer to be heard for or against the proposed amendment to the FY1979 Budget ending The City Clerk is hereby directed to give notice of Public Hearing and time and place thereof by publication in the Iowa City Press Citizen, a newspaper of j general circulation in Iowa City, at least four (4) days before the time set for such hearing. i It was moved by Roberts and seconded by Neuhauser j that the Resolution as rea be a opte , and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse i — x Erdahl X Neuhauser X Perret x Roberts i X — Vevera Passed and approved this 20th day of February 1979 i (� l•�i'0 zz&z MAYOR CITY CLERK RECEIVED E: APPROVED BY TBE LEGLI, DEPARTWT 339 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES ?10111ES RESOLUTION NO. 79-72 RESOLUTION APPROVING PRELIMINARY LARGE SCALE RESIDENTIAL DEVELOPMENT FOR THE WESTWINDS (WINDSHIRE) '2i' /. ,y. , Medivetments, Lt., hs filed it City clerkRofSIowaeCity, Iowa, ansapplication fora approvalwofhathe Preliminary large scale residential development plan for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N 000 13' 31" W, 1875.00 feet on the Centerline of Mormon Trek Blvd.; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 6the 19.00 13" Wt 715b36innin;feet9tothene West 17.5 thecSoutherly7Right- of-Way line of Melrose Avenue; thence N 890 09' 16" E, 273.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave southwesterly, whose 28.40 foot chord bears S 450 36' 49" E; thence S 000 22' 55" E, 57.45 feet along the Westerly Right -of -Way line of Westwinds Drive; thence Southeasterly 51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S 020 16' 24" E; thence S 040 09' 53" E, 136.24 feet; thence Southwesterly 108.70 feet along a 325.00 foot radius curve concave Northwegterly, whose 108.20 foot chord bears S 050 25' 04" W; thence S 15 00' 00" W, 249.84 feet; thence Southwesterly 71.99 feet along a 275.00 foot radius curve whose 71.79 foot chord bears S 220 30' 00" W; thence S 300 00' 00" W, 45.84 feet to the point of beginning. Said tract of land containing 4.49 acres. (South of Melrose Ave. & east of West High School - Lots 3 & 4 of Westwinds) WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the proposed preliminary large scale residential development plan and have approved the same; and, WHEREAS, plan hasbeenexami� nedbypreliminary thePlanninga&9ZoningeCommissionaandeaftermdue deliberation said Commission has recommended that it be accepted and approved. is found HtoEconform dwith lrequirementseofcthe CitydordinanceseofpthetCipla tyn of Iowa City, Iowa. 3 ,/D MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIIIES I r I � Resolution No. 79-72 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said preliminary plan is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, Pertaining to preliminary large scale residential developments. Passed and approved this 20th day of February , 1979. It was moved by and seconded by Roberts that the Resolution as read be a opte , and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE x EROAHL X NEUHAUSER X PERRET x ROBERTS x VEVERA ATTEST:(2 - i CITY CLERK r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011JES RESOLUTION NO. 79-73 RESOLUTION APPROVING 711E PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 93-1/101-2 WIMRMS, the City Council of the City of Iowa City, Lown, has solicitated Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, Pentacrest Garden Apartments has submitted preliminary design plans for the redevelopment of Parcel(s)93-1/101-7 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by�entacrecr ( ;n_�rrmrnrc for the redevelopment of Parcel(s) 93-1/101-2 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by Perret and seconded by Neuhaucar that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perrot x Roberts x Vevera Passed and approved this 20th day of February 1979• ATTEST: City Clc �J2�i� Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 11r,a,I FD k uTR(:'flv"1 BY^Tijf IEGi`(�s �z 3�/�f I ATTACHMENT A TO RESOLUTION NO. 79-73 The approval of the preliminary design plans for the redevelopment of Parcel(s) 93-1/101_2 submitted by I'entacrest Garden Apartments , as set forth in Resolution No. 79-73 datedFebruary 20 1979_, is hereby made subject to the ollowing conditions or reservations. I. The redeveloper may substitute Cockspur, Hawthorn, Calory Pear, or Bradford Pear instead of using Russian Olive. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140IIIES w, I r City of Iowa Cit, MEMORANDUM Date: February 16, 1979 To: City Council From: Paul Glaves, Development Coordinator Re: Design Review Parcel 93-1/101-2 (Planting Plan) On November 22, 1977, the City Council approved the preliminary design plans for Pentacrest Garden Apartments, subject to the reservation of the right to subsequently re -review the lighting plan and the planting plan. The lighting plan was subsequently reviewed and approved by action nting Plan related eto�species cselectilonrrather tthan placement ofions regarding ethealandscape materials. The Design Review Committee had objected to the use of three species of trees as shown on the initial plans. The planting plan has been revised and has been reviewed by the Design Review Committee. The Committee had previously objected to the placement of sugar maple trees in islands in the parking lot because this species is extremely susceptible to damage from salt and to damage from exhaust fumes. A substitution of hackberry 'trees for the sugar maples was made at these locations. The Design Review Committee had objected to the use of hopa crabapple trees because they drop their fruit and are generally messy. The hopa crabs have been deleted from the planting plan and other species of flowering crabs have been substituted in their place. The Design Review Committee had sug- gested to the developer that the use of Russian olives was a problem because they are more appropriate in a more rural setting and because they require high maintenance in an urban setting. The objections to the Russian olives were transmitted to the landscape architect who chose to continue to use them. The revised planting plan was reviewed by the Design Review Committee at its meeting of February 14. The Committee reiterated its concerns regarding the Russian olives and suggested that the developer use Cock- spur hawthorne, calery pear or sargent crab in place of the Russian olives. However, the Design Review Committee felt that overall the Planting plan was good, and should be approved. The suggestions for replacement of Russian olives with one of the other species has been forwarded to the developer. resolutionThe approving iilminary f,tntntaafor this developntcontans, nattachmentAhestaementhtthe developerutThe staffur orecommendscaleryadoptionearorofathist resolution. jm4/23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10IREs ,�s RESOLUTION NO. 79-74 RESOLUTION PROVIDING FOR THE OPERATION OF AN OPEN PARKING STRUCTURE IN IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa, is engaged in a redevelopment project in downtown Iowa City; and, WHEREAS, the City of Iowa City has prepared and adopted an Urban Renewal Plan for said project, consisting of the Urban Renewal Plan, dated September 3, 1969, adopted by Resolution Number 2157, as amended from time to time, which Plan has been recorded among the land records in the Office of the Johnson County Recorder in Book 490 at Page 408; and, WHEREAS, in furtherance of the Objectives set forth in said Urban Renewal Plan the City of Iowa City has adopted a "Resolution Authorizing and Providing for the Issuance and Securing the Payment of $5,200,000 Parking Facilities Revenue Bonds of the City of Iowa City, Iowa, Under the Provisions of the City Code of Iowa, and Providing for a Method of Payment of Said Bonds," Resolution Number 78-484, passed and approved on November 7, 1978, hereinafter referred to as the Bond Resolution; and, WHEREAS, the City of Iowa City is constructing an open parking structure located on Block 83, Original Town, Iowa City, Johnson County, Iowa; and, WHEREAS, it is necessary and desirable to provide assurances to certain parties regarding the use and operation of said open parking structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following assurances are provided to all Retail Tenants, now, or at any time during the next twenty-five years, occupying leased premises of more than 10,000 square feet within the boundaries of the Iowa City Central Business District for a lease term of more than four years. 1. The City of Iowa City, Iowa, is now constructing and shall complete the construction of an open parking structure on Block 83, Original Town, Iowa City, Johnson County, Iowa. Said parking structure is owned by the City of Iowa City, Iowa; is being constructed fully in accordance with applicable Codes and Ordinances; and is exempt from real property taxation under the laws of Iowa now in effect. I 2. The City of Iowa City, Iowa, shall operate and maintain said parking structure for a minimum period of twenty-five years from the date of the completion of construction of said structure which, barring acts of God or other unavoidable delays, shall be not later than .January 1, 1980. The City shall insure said structure in the manner set forth in Section 16(c) of the Bond Resolution and shall use the proceeds of such insurance, to the extent necessary, to repair or replace the stricture in the event of damage to, or destruction of the structure, provided such repair or replacement remains a viable method of meeting the customer access needs of the Central Business District. This shall not serve to commit any funds other than the proceeds of said insurance. During the twenty-five year period set forth above, the City shall not otherwise convert the structure to a use other than parking. 3. During the twenty-five year period set forth above, the City shall operate said structure so that it is suitable and available for use by the public at the rates then in effect, at least between the hours of 7:00 a.m, and 10:00 p.m., daily. During such hours of availability, the City shall maintain 3 S'S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -D[5 1101aES Res. No. 79-74 -2- access to the structure for automobiles and pedestrians, and shall maintain access between the parking areas and the stairs and elevators, and shall operate the elevators in said structure. 4. The City, rather than any other party, shall provide or cause to be pro- vided, security for said structure, at a level which is in the City's sole judgment, appropriate. DE IT FURTHER RESOLVED that nothing contained herein shall serve to reduce any OF the City's obligations as set forth in the Urban Renewal Plan or the Bond Resolution. Illi IT FURTHER RESOI.VEU that the City Manager and City Clerk are hereby authorized and directed to cause this resolution to be recorded in the Office of the County Recorder, .Johnson County, Iowa. It was moved by Balmer and seconded by Roberts that tile Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl x Neuhauscr Jc Perrot x Roberts X Vevera Passed and approved this 20th day of February , 1979 Nayor Arrrs•r: City C rk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES RECEIVED 6 APPROVED EY THE LEGAL DEPARTIMT "I City of Iowa Cif`` Date: February 16, 1979 To: City Council From: Paul Glaves, Development Coordinator Re: Operation of the Block 83 Parking Ramp I. Included on the agenda for the February 20 Council meeting is a Resolution Providing for the Operation of an Open Parking Structure in Iowa City, Iowa. The resolution has been drafted to be adopted by the City Council and recorded in the records of the Johnson County Recorder's Office. The City has, for a number of years, recognized the necessity to provide an adequate number of parking spaces to support the central business district's economic activ- ity. This policy is reflected in the adopted parkingpolicy, the Urban Renewal Plan, and in several recent Council actions. The issuance of the parking facility's revenue bonds and the on-going construction of the Block 83 parking ramp are the steps being taken to provide the parking facilities needed. Now that the City has taken the actions necessary to construct the facility, it is necessary to provide assurances to several pro- spective long-term tenants seeking downtown locations regarding the City's intention to operate and maintain the parking facilities so that they remain available for use by the public. The resolution provided to the City Council references the Urban Renewal Plan and the provisions of the parking facilities revenue bond resolution. The assurances contained within the resolution are straightforward and reasonable. .For the most part they are specific comments relating to restatements of existing Council intentions. Listed below are ments: each of the four assurance state - A. Statement #1 simply states the facts that the parking struc- ture is owned by the City, is tax exempt, and is being con- structed in accordance with the applicable codes and ordin- ances. This requires no explanation. 3. Assurance State #2 states that the City shall operate the parking ramp for at least 25 years. The resolution restates the requirement contained in Section 16C of the bond reso- lution to maintain insurance on the structure. The bond resolution does, however, specify that the City shall use the proceeds of the insurance to rebuild or repair the structure or to use the proceeds to pay off the bonds. Because paying off the bonds without rebuilding or repairing the structure should it be damaged provides no parking supply to support MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401REs downtown retail activity this does not provide sufficient assurance that the parking will be available in the future. This resolution provides that as long as it is viable to repair or replace the parking structure to meet customer access needs of the CBD the proceeds will be used to repair or replace the parking ramp. This does not commit any additional funds other than the proceeds of the insurance, and then only j to the extent necessary. The resolution also states that the City onvert he i use other thanwill not cparkingtforuae25 year of the peri�od9 structure to a C. Assurance #3 states that the parking ramp will be open, with ( pedestrian and vehicle access between the hours of 7:00 A.M. Ji and 10:00 P.M. daily. This does not mean that the facility needs to be attendent controlled at all times during that period but rather means it needs to be possible to get cars and people in and out of the facility. D. Assurance #4 simply states that it is the City's respon— sibility to provide security in the parking rather than the responsibility of any other party. It however specifies that the appropriate level of security shall be determined solely by the City. 3. The provisions contained in this resolution are designed to provide assurances to the large, major retailers whose operation depends on the ready availability of a substantial number of parking spaces. This applies specifically to certain tenants seeking space in Old Capitol Center but applies equally to other tenants who may be seeking space in existing CBD buildings such as the Roshek's building or the building now containing Younker's. The resolution has been discussed with, and reviewed by, the City Attorney, and has been reviewed by the Parking Superintendent and the Director of Finance. Staff strongly recommends the adoption of this resolu- tion. I jm4/22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES l� RESOLDTION NO. 79-75 RESOLUTION ALZHORIZING EXI=ION OF AGREEMENT WITH CHARLES J. R. MCCLURE & ASSOCIATES WHEFEF1.S, the City of Iowa City, Iowa, has negotiated an agreement with �d attac to s Resolution , a Oopy of said e reference made a WHEREAS, the City Council deans it in the public interest to enter into said agreement to direct the consultant to study the heating ventilating and air cond,t,nn;nn a„s*.. in the ..• i - r In detail and Prepare plans & s ecifications for a contract after the Cit Council j decides on a course of action. NOW, THEREFORE, BE IT RESOLVED BY TES CITY COUNCIL: 1. That the Mayor and City Clerk to aare hereby authorized and directed araamant with Charles J. R. McClure & Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and seconded by Resolution be adopted, ar upon rod cail there were: Balmer the AYES: NAPS: ABSENT: x BALMER x -- dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS X VEVERA Passed and approved this 20th dayoof FFebruary 1979. ATTEST: Mayor City Clerk By Tire 3 i�w MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES AGREEMENT This Agreement, made and entered into this27th daBebruary , 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as ,the City and Charles J. R. McClure and Associates Inc. of St. Louis Missouri, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement.' Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment prac- tices and agrees to prohibit the following practices in any subcon- tracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. I. SCOPE OF SERVICES The City of Iowa City Civic Center is divided into two general areas. the Police and Fire Department compose one area and the general government composes the other area. The air conditioning system on the general government portion is antiquated and constantly breaks down under summer cooling loads. The primary objective of this agreement is to determine the deficiencies of the present air conditioning system on the general government area of the Civic Center and provide recommendations and plans and specifications to remedy the problems. While studying the air conditioning problem on the general government area of the building, the City also wants to take this opportunity to do an energy audit of the entire Iowa City Civic Center from the standpoint of energy usage to determine (1) whether the building uses excessive energy, and (2) whether there are additions, modifications, or alterations which could feasibly be made to the building or its use to reduce the overall consumption of energy. A. AUDIT To accomplish the above named objectives the Consultant shall prepare an energy audit and describe the modifications and im- provements recommended to remedy the air conditioning system and to achieve energy conservation. The Consultant shall use his professional judgment and discretion in determining how much detail and complexity each step of the audit should entail. The audit should include but not be limited to the following steps: 1. Develop an inventory of each component of the existing energy system. This should include the electric service entrance, power distribution, lighting systems, major electrical appliances, fuel system, boilers, heat exchangers, temperature controls, pumps, fans, refrigeration systems, condensors and domestic water service equipment. 2. Inspect the existing building and its equipment to confirm construction materials; evaluate operating characteristics MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•DES MOINES 2 of the existing heating and air conditioning equipment; measure ventilation rates; and compare observations with prior reports and drawings. 3. Calculate the design maximum heating and cooling loads and required rates. 4. Prepare detailed schedules of normal use of the facility and calculate monthly and annual energy uses as a function of normal annual weather occurrence and proper performance of existing systems. 5. Develop estimated allocations of the uses of electricity and gas for the following functions: illumination, air handling, heating auxiliaries, refrigeration auxiliaries, appliances and machinery, outdoor lighting, refrigeration, space heating, ventilation air heating, domestic hot water heating, cooking and appliance fuel. 6. Develop alternative systems, equipment and building operations that may reduce energy use; calculate the annual energy use variation with each alternative and evaluate the impact of the change on quality of performance. 7. Prepare estimates of cost avoidance and implementation expenses for those alternatives that will provide significant improvement in the energy use or quality of performance. Alternates should be compared using rate of return and other comparative measures deemed suitable by the Consultant. 8. Prepare a report of the different system analyses, cost and benefits and include charts and diagrams where applicable. Review the report with City representatives. B. DESIGN PHASE I When authorized by the City the Consultant shall prepare construction documents, plans, specifications, detailed cost estimates and other engineering services to implement those alterations to the building facility as are found feasible by the City. These shall include: 1. Preparation of required contract forms, including the proposal forms and notice to bidders, drawings, technical specifications, and other documents as needed to complete the construction contract documents. 2. Advise the City of any changes in the Consultant's latest opinion of the probable project construction costs caused by changes in scope, design requirements, construction costs or other conditions. 3. The Consultant shall furnish the City with five (5) copies of the plans and specifications for the final review by the City. C. BIDDING AND CONSTRUCTION PHASE The Consultant shall provide the following services in this phase upon written authorization from the City: a. Assist the City in securing bids and providing bid documents for contractors. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for award of the contract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES n01NEs a Review shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit for general conformance with the design concept of the project and general compliance with the information given in the contract documents; determine the general acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content . as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. This review does not relieve the construction contractor or supplier from responsibility for errors, correctness of details, or conformance with the contract(s). e. The Consultant and the City shall discuss interpretation of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. f. Review and process application for progress payments. g. Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the Consultant may approve, in writing, final payment to each contractor. h. Issue all instructions of the City to the contractor; prepare routine change orders as required for approval by the City; and require special instruction and testing of the work as the Consultant deems necessary. i. Make visits at appropriate intervals to the site of the project to familiarize himself generally with the progress and quality of the work and determine in general if the work is proceeding in accordance with the construction contract documents. On the basis of on-site observations, the Consultant shall endeavor to guard the City against defects or deficiencies in the work of the contractor and may disapprove or reject work as failing to conform to the construction contract. ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by furnish or obtain from others following types which are not basic services. These will be Compensation for Services. the City, the Consultant shall the additional services of the considered normal or customary paid for as stated in Section V, a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. b. Assist the City as expert witness in litigation arising from the development or construction of the Project. C. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. d. Preparation of original contract drawings modified to reflect significant changes made after the contract(s) award or during construction progress. These Mylar reproducibles shall be provided for the City's files and MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDnIEs use and be based on data furnished to Consultant by the Contractor or City, or furnished by the Resident Project Representative if provided by the Consultant. The Consultant shall not be liable for use of such documents on other projects. e. Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in size, complexity, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. Technical observation of construction by a full-time Resident Project Representative and supporting staff. The duties, responsibilities and the limitations on the authority of the Resident Project Representative and assistants are as set forth in Exhibit A and are made a part of this Agreement before such services begin. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work. II. GENERAL TERMS 1. The Consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The portion of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matter shall be settled by the procedures of the American Arbitration Association. 2. The agreement to arbitrate is limited to disagreements as to the meaning and scope of the Agreement; nothing herein shall be construed to bind the parties to arbitration nor to bar legal remedies in law or in equity with regard to civil liability, breach of contract or other issues arising from this Agreement. 3. Venue of any suit or cause of action under this Agreement shall lie in Johnson County, Iowa. 4. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. It is agreed that any duly authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examinations, excerpts, and transcriptions. It is agreed such examinations by any party shall be made at the St. Louis office. 5. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance, and all clerical detail involved in their employment. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11010CS 5 7. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 8. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirement made by the above named representatives of the City shall be given with reasonable notice to the Consultant so that he/she may attend. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. j11. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV, TIME OF COMPLETION Section I.A. AUDIT - The Consultant shall submit the report within 90 days after award of this contract. Section I.B. DESIGN PHASE - Design shall be completed 90 days after authorization to proceed is received from the City. Section I.C. BIDDING AND CONSTRUCTION PHASE - There will be no specific time limits on the bidding and construction phase. V. COMPENSATION FOR SERVICES The City agrees to pay the following amounts as compensation for ser- vices under this contract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40InES 6 Phase I.A. - Audit. The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B with a "not to exceed" of $12,150. Phase I.B. - Design Phase - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B. The "not to exceed" for this portion of the Agreement will be negotiated at a later date after the Scope of Services has been better defined. Phase I.C. - Bidding and Construction Phase - The City will pay the Consultant on an hourly rate based on the rate schedule 1 attached as Appendix B. The "not to exceed" for this portion of the Agreement will be negotiated at a later date after the Scope 1 of Services has been better defined. Phase I.D. - Additional Services of the Consultant - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B. The lump sum figures listed or negotiated above do not include reimbursable costs. The City will pay the Consultant the actual cost .of all reimbursable expenses as listed below. A. Expense of transportation and living when traveling in connection with the project and for long-distance calls times a multiplier of 1.05. B. Expense of reproduction, postage and handling of drawings and specifications excluding copies for the Consultant's office use times a multiplier of 1.05. C. Computer time for design work times a multiplier of 1.10. The Consultant shall submit monthly statements for the work under this Agreement and for reimbursable expenses incurred. These statements shall list each classification of employee, the hours worked, and the rate of compensation. Reimbursable expenses shall be shown as a separate item. The City shall make monthly payments in response to these statements. The undersigned do hereby state that this Agreement 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: ATTEST: CHARLES J. R. McCLURE AND ASSOCIATES, INC. S CITY CLERK (�7 STATE OF IOWA JOHNSON COUNTY /%7% On thisLdfday of, T ., 1478, before me, a Notary Public duly commissioned and quae in and for said County and State, plifl personally appeared / a4._rY/ C7. `; v�,n__, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, 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 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IRES 7 City, and each for himself acknowledged the execution thereof to be his voluntary act 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. Notary Public in and and f� Johnson County, Iowa STATE OF MISSOURI COUNTY OF YAQNM ST. LOUIS 9 On this 27th day Of February , 197fi, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared Charles I. R. M�Clure and Philip D. Sutherlin to me personally known, who being by me duly sworn, did say that they are the President and Secretary , respectively, of said corporation; that no sea has been procured by the said) (the -seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and that the said cClure and philio Suther i , as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Pu ltc Th and f0said County and State My Comrission E>:pires lune 15, mr N^, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CX141BIT "A" TO TERMS AND CONDITIONS BETWEEN THE OWNER AND THE CONSULTANT FOR PROFESSIONAL SERVICES Duties, Re•ponslbihties and Limitations of the Authority of the Resident Project Representatively) A. GENERAL The Resident Project Representative is she CONSULTANT's Agent and shall act under the supervision and direction of the CONSULTANT. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule: Review the progress schedule piepa(ud by the Contractorls) for compliance with the contiacl(s) and give writ- ten advice to the CONSULTANT concerning its acceptability. Z Conferences: Attend pre•construclion conferences. Ar. range a schedule of progress meetings and other job confer• ences as required in consultation with the CONSULTANT and notify in advance those expected to attend. Maintain and circulate copies of records of the meetings. 3. Liaison: a. Serve as the CONSULTANT's liaison with the Contractors) working principally through the Conlractor(s)' superinten- dent(s). Alert the Contractor(s), through his superintendent, to the hazards involved in accepting and acting upon instructions from others, except such instructions liansmitled through the CONSULTANT. b. Cooperate with the Contractor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service connections to public utilities and facilities. c. Assist the CONSULTANT in obtaining from the OWNER additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the CONSULTANT in ob. taining from the Contracmrfs) a list of his proposed supptius and subcontractors. 5. Samples: Assist the CONSULTANT in obtaining field sam- ples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the CONSULT- ANT. 6. Shop Drawings: A Receive reviewed shop drawings and other submission from the CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check the consliuction for compliance with them. b. Alen the Conlractor(s)' superiniendenl(s) when he observes materials or equipment being installed before review of shop drawings or samples, where such is required, and advise the CONSULTANT when the believes it is necessary to disap- prove work as faVing to conform to the construction con- tract(s). 7. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress for the CONSULTANT as a basis for determining that the PRO- JLCT is proceeding in accordance with the construction contract(s). It. Disapprove of or reject work observed which is defective; i.e., it is unsatisfactory, faulty, or does not conform to the requirements of the construction contract(s). e. Verify that tests, including equipment and systems start- up, which are required by the construction contract(s) are con- ducted and that the Contractor(s) maintains adequate records thereof; observe, record and report to the CONSULTANT appropriate details relative to the Iml procedures and startups. d, Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the out- come of these inspections and report to the CONSULTANT. 8. Interpretation of Construction Contract: Transmit to the Conlraclor(s) the CONSULTANT's interpretations of the con. struction contiaci(s). 9. Modifications: Consider and evaluate the Contractor($)' sug. gestions for modifications in the drawings or specifications and report them with recommendation to the CONSULTANT. 10 lo. Records: a. Maintain at the job site orderly files lot correspondence, reponsof job conferences, shop drawings and other submissions, reproductions of original contract documents including all ad• denda. change authorizations, field orders, and additional draw. ings issued subsequent to the award of the eomract(s), the CONSULTANT's interpretations of the construction contract($), progress reports, and other PROJECT related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions. Inst of visiting officials, daily activities, decisions, observations in general and specific observations in more detail as in the use of observing the Isms procedures. c. Record the names, addresses and telephone numbers of all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the CONSULTANT at the completion of the PROJECT. 11. Reports: a. Furnish the CONSULTANT periodic reports as required of progress of the PROJECT and she Contractor(s)' compliance with the approved progress schec lelsl. b. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the' PROJECT. 12. Payment Requisitions Review applications for payment with the Contractorls) for compliance with the established procedure for their submission and forward them with recommendations to the CONSULT. ANT, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals During the course of the work, assemble the Guarantees. Certifi. cates, Maintenance and Operation Manuals and other required data to be furnished by the Contractor(s) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the OWNER. 14. Completion: s. Prior to inspection for substantial completion, submit to the Contractor(s) a list of observed items requiring correction. It. Conduct final inspection in the company of the CONSULT. ANT and the OWNER and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the CONSULTANT concerning acceptance, C. LIMITATIONS OF AUTHORITY Except upon written instructions of the CONSULTANT the Resident Project Representative: 1. Shall not authorize any deviation from the construction contract(s) or approve any substitute materials or equipment. 2. Shall not undertake any of the responsibilities of the Con. tractor(s). the subcontractors or the Coniiaclor(s)' superinten. dent. 3. Shall not expedite the work for the Contracior(s). 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction untess such is specifically called for in the Com structlon Contract(s). 5. Shall not authorize the OWNER to occupy the PROJECT in whole or in part. 6. Shall not participate in specialized field or laboratory tests or inspection conducted by others. 7. Shall not assist contractor(s) in maintaining up to -date copy of Record Drawings. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rlofuLS f •'..."�Is.sA.r.�MfLJ Exhibit 'B" CHARLES J. R. MCCLURE AND ASSOCIATES INC. HEATING . AIR CONDITIONING . PLUMBING • POWER GENERATION CONSULTING ENGINEERS ASSOCIATE ENGINEERS RALPH H. METCALF WILLIAM J. COAD' THOMAS M. MCCARTHY PHILIP D. SUTHERLIN ALBERT W. BLACK, III GERALD J. WILLIAMS 2018 S. BIG BEND BOULEVARD Sr. Louts, MISSOUNI 83117 (314) 845.8232 Rate Schedule for Engineering Services Effective October 1, 1977: Principals --------------------------------- $45.00/hour Senior Engineers ------------------------------- $32,50/hour Office Engineers ------------------------------- $27.50/hour Maintenance Engineers ------------------------- $20.00/hour Designers ------------------------------------ $20.00/hour Draftsmen ---------------- —----------------- $16.50/hour Stenographers -------------------------------- $10.00/hour Reimbursement of expenses of travel and document duplication. United Computing System shared time service charges will be Invoiced at cost plus 10%. r PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110I1JES 1 RESOLUTION NO. 79-76 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH HY-VEE FOOD STORES, INC., MARY L. BOYD AND FRIEDA L. RUMMELHART AND THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Hy -Vee Food Stores, Inc., Mary L. Boyd and Frieda L. Rummelhart and the Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement to authorize the construction of a special public road connection to U.S. Highway 6. 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 Hy -Vee Food Stores, Inc., Mary L. Boyd and Frieda L. Rummelhart and the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting the same. 3. That approval of this agreement is subject to Hy -Vee Food Stores, Ro Inc. paying for the extension of Hollywood Boulevard to Special Public ad to US6. It was moved by Balmer and seconded by Roberts that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x . dePROSSE eta n ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 20th day of February , 1979. J MAOY-R�— ATTEST: CITY CLERK 14 By The La;,al >-/I. •7Yil,C 3v7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES h101REs Forty810ml 4-77 REQUEST FOR THE ESTABLISHMENT OF A SPECIAL PUBLIC ROAD CONNECTION It is hereby requested that a special public road connection be authorized and established on Primary Road No, IS -A . (See, 15 , T. 79–N R 6–W –4 2 Miles_ T at from 1 �)' JOhneon County, Otroceon - Town, 1 lace or OLJwct ' more specifically described as follows: At oentmlina ctatirn M+82.815 elf f 'jahc. V 6 A Plat of the proposed development Is attached to and is part of this request. The undersigned agree and affiml that if the request for a special public road connection is authorized the following Stipulations shall govern. j 1. The Department reserves the right to remove or relocate the special public road connection. 2. There shall be a minimum distance of 77' between the centerline of primary road f IS_ F, or a minimum distance of 17' from the right of way line (whichever is the greater distance) and the near edge of the frontage road. 3. The frontage road reservation shall comply with the minimum width that will be accepted by the county (city XX Z3& for the establishment of aXpt c(street), but in no instance shall the frontage road reservation be less than 50' in width. r h-;ldJMe nrhn. 1. 1 1� 1. •t r.,...._ _ ..1 . Rnos_Irt r h., maa5r_roari�_u,hr..l,,, of 5. Septic tanks, cess pools or cellar drains shall not outlet into the primary road right-of-way, 6. In the establishment of a special public road connection at Station 1 75+A7 AA , Project�lJ the following existing private entrances will be permanently removed or extinguished. Station : Side None 7. We, the undersigned, are the owner, or owners, of record, or the legal and duly authorized representative of the owner, of the property abutting Primary Road US.6 _between Station 167+20 and Stolon 186+17 on the Falth side, Project T1I_DF – 1n52 , have read, understand and agree to the conditions and requirements set forth in this request and policy of the Iowa Department of Transportation, Highway Division on the Acquisition of Access Rights along the Interstate and Primary Road Systems dated 1977, for the establishment of a special public road connection. It is further agreed that the undersigned shall Savo the State. and the lown Department of Transportation harmless of any damage or losses that may be sustained by any Person, or persons, on account of the conditions and requirements of this agreement. Failure to comply with conditions and requirements of this agreement shall render this agreement and request null and void. See A lditional Requirements on Attachrtent. IRn.1.'. Ad ..Is ern nr ' m .mn YIRnHmn AtlGrn.. Tyr. nr Punt Noon MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DEI, I40111ES File 472 OI IggHr. .' / Connection No. .S� `� C' 9� — 7nhnanrl County Project No. TSl_nF 1n57 lo.. Date REQUEST FOR THE ESTABLISHMENT OF A SPECIAL PUBLIC ROAD CONNECTION It is hereby requested that a special public road connection be authorized and established on Primary Road No, IS -A . (See, 15 , T. 79–N R 6–W –4 2 Miles_ T at from 1 �)' JOhneon County, Otroceon - Town, 1 lace or OLJwct ' more specifically described as follows: At oentmlina ctatirn M+82.815 elf f 'jahc. V 6 A Plat of the proposed development Is attached to and is part of this request. The undersigned agree and affiml that if the request for a special public road connection is authorized the following Stipulations shall govern. j 1. The Department reserves the right to remove or relocate the special public road connection. 2. There shall be a minimum distance of 77' between the centerline of primary road f IS_ F, or a minimum distance of 17' from the right of way line (whichever is the greater distance) and the near edge of the frontage road. 3. The frontage road reservation shall comply with the minimum width that will be accepted by the county (city XX Z3& for the establishment of aXpt c(street), but in no instance shall the frontage road reservation be less than 50' in width. r h-;ldJMe nrhn. 1. 1 1� 1. •t r.,...._ _ ..1 . Rnos_Irt r h., maa5r_roari�_u,hr..l,,, of 5. Septic tanks, cess pools or cellar drains shall not outlet into the primary road right-of-way, 6. In the establishment of a special public road connection at Station 1 75+A7 AA , Project�lJ the following existing private entrances will be permanently removed or extinguished. Station : Side None 7. We, the undersigned, are the owner, or owners, of record, or the legal and duly authorized representative of the owner, of the property abutting Primary Road US.6 _between Station 167+20 and Stolon 186+17 on the Falth side, Project T1I_DF – 1n52 , have read, understand and agree to the conditions and requirements set forth in this request and policy of the Iowa Department of Transportation, Highway Division on the Acquisition of Access Rights along the Interstate and Primary Road Systems dated 1977, for the establishment of a special public road connection. It is further agreed that the undersigned shall Savo the State. and the lown Department of Transportation harmless of any damage or losses that may be sustained by any Person, or persons, on account of the conditions and requirements of this agreement. Failure to comply with conditions and requirements of this agreement shall render this agreement and request null and void. See A lditional Requirements on Attachrtent. IRn.1.'. Ad ..Is ern nr ' m .mn YIRnHmn AtlGrn.. Tyr. nr Punt Noon MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DEI, I40111ES R 8. That the Entnsnoe, including Drainage Structure, Grading and Sur- fac 9 shall be amstructed by the Applicant at the Applicants er._ pane and shall thereafter be maintained at the Applicants e%Tense. I / ( 2 Mary Lucilled �1 A. E. Greb MYS000DtemOn MW E9M0 Frieda L. Rlmnelhart 612 Park Road / Iowa City, Iaaa 52240 / / ��:.� Duane W. Lewis �•�' $ Boyd 6 Rummel! -ort 601 S. Gilbert Iaaa City, Iaaa 52240 1610 S. Gilbert Street Prank Boyd Ia7a City, Iaaa 52240 S JUDITH F. PETERSEX Bert J. Miller MY COMMISSION EXPIRES C — Se (ember 30.1979 %Boyd s Rummelhart = t lyEC 1 1977 601 S. Gilbert Iaaa City, Iowa 52240 R.R. H2 Holly d Propertie Irma City, Iowa 52240 ��,. V. F.47. Post (13949 Tru JUDITH F. PCTE4SEX--- MY COMMISSIO 30 1979 k2ttmberDEC 2 9 1977 114 East Monroe Street Mount Pleasant, Iaaa 52641 UghTay 6 By Pass East Iaaa City, Iaaa 52240 _ W JUDITH F. POINISEX MY COMMISS'" F7%�°FS DEC 2 y 1977 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES I' t FORM aai 3. _,s 0 IOWA DEPARTSIENT OF TRANSPORTATION Highway Division ACCESS PLAT County JohlI1S01'1 Proj. No. DlJ—DF — 1052 SPECIAL PUBLIC ROAD CONNECTION CHECK i PRIVATE PROPERTY ENTRANCE Access Rights Acquired Access Rights Not Acquired Attach To Form 566 X —� Attach To Form 559 Location Description: Primary Road No. tt-S. R - Sea 15 , T. 79–N , R. E—Id Johnson County, Being — =Z Tn COD: IM0 City , More Specifically described as: (a tncuon) � psi V � \L . iii r,. •.!. 1 �� `_h i%rn Lia.ir. IS •�r<. f'r:. .fr,y, I _�–_--,^. D. Y/• •T• __� '_ ws� � `f '1 • t Li • Z .(_'Yco.-.�I.SL_i.�C d ../ \ 4• \ ...1 •' `'n rL� \I ('.u�m:'•_I.^. CERTIFICATION I nc ,,tq certify that this sketch was preload by me or under my direct personal supervision APPLICANT Fn- A t'a-h m et and i!at I am a duly rceiste:cd profess mn+l engineer under the laws of the/tate of Iuwa. – ec inwr RNo. 4 79 ADDRESS_ ,3.r '.� DATE t9_ r – MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110HIES 1�'1C.Yta tall.^.'.•r.111rIl'L- Kary Lucille Poyd 6 Boyd 9 Runcnelhzwt 601 South Gilbert Iowa City, los:u 52240 i 1. Greb Tara r,I' 1;12 P: -u'1: Road City, Iaaa 52240 Doane 1.1. Le -;!is 1610 South Gilbert Street Iaaa City, Ia:�1 52240 .:,� 'P1.;...:.•I :$ I'BertJ. Miller I : j,::,,_."•; I„� v cs.+a City, Iowa 527.40 CLIy i,t iJ7i Gvmd Prop u't:ics Corpinztion. 0114 t'Fzst lbnroc Street 1!1bunt Pleasant, Iowa 52041 nCC 1 7 1977 V.F.W. Post 17139119 HiBhauy G By -Pass &i,t City, la.+a 52240 ,. G/ . MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1 V Four copies of appl "Rion FAL_ and sketch must be filed with �u the Division of Highways, Iowa Department of Transportation Ames, Iowa County Johnson (52) IOWA DEPARTMENT OF TRANSPORTATION Application for approval to install and maintain a traffic control device, Applicant ['.i r., nF T,...., Name of Governmental Authority Gentlemen: Approval is requested for authority to install and maintain a traffic control device at the following location: At the intersection of Bo rum Street and Iii hwa US -6. See Agreement No, 505. (At Station 175+82.85) I THE APPLICANT UNDERSTANDS THAT THE TRAFFIC CONTROL DEVICE MUST COMPLY WITH THE REQUIREMENTS CONTROL THE CURRENT MANUAL OF UNIFORM TRAFFIC CO DEVICES, IC71A DEPARTMENT OF TRANSPORTATION. NTROL Attach (to all copies of application) a sketch of proposed installation. Drawing to be complete, showing location of traffic control device in j relation to sidewalks, driveways, streets, etc. Show extra indication such as pedestrian "Walk - Don't Walk", etc., in detail on proposed installation sketch, DESCRIPTION OF EQUIPMENT Signal - - - - - - - - - - (Manufacturer Eagle Controller - - - - - - - - (Manufacturer Automatic Sienal (Model 3 phase MF -10 111-7 PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES i4OIRES OPERATION \ The traffic control shall function as follows: Three-phase, fully vehicle actuated control West bound left turn phase is a lcading,_permissive movement as shown in sequence chart Date 41=117' By_(; rJe 1�/C•rfL '/ I Name RoBeTT/1. V(.`1'EkA Title MAYIIC (Mayor, Clerk, or Engineer NOTE: THE SIGNAL INSTALLATION MUST HAVE FINAL INSPECTION AND THE- APPROVAL OF THE IOWA DEPARTMENT OF TRANSPORTATION BEFORE BEING PLACED IN OPERATION. PLEASE NOTIFY OFFICE OF TRAFFIC AND SAFETY, DIVISION OF HIGIWAYS, IOWA DEPARTMENT OF TRANSPORTATION, AMES, IOWA. AUTHORIZATION Approval is granted, subject to the conditions and restrictions set forth herein, the installation and maintenance of a traffic control devico at the location described above. CONDITION AND/OR RESTRICTIONS I THE IaIA DEPARTMENT OF TRANSPORTATION RESERVES THE RIGHT TO: (1) Require the removal of such traffic control device upon thirty days' written notice. Either lack of supervision, inadequate enforcement, unapproved operation, or intolerable congestion shall be considered sufficient reason to require removal. (2) Revoke and annul the issued permit if the installation is not in operation within eighteen (18) months after date of approval. DATE T&S 8-27-75 NAME State Traffic Erg .neer, Division of liigh Iowa Department of Transportation / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401flE5 FULL Ve•. lip ]Y... yG 4f, 5 (o,7 16 k1A LS LEFT TURN PROTECTED ON GREEN ARROW -. - T i4y -vea TkAFFIC GHAL ST i.% t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES P7 7 EE �. 7 15 �fz WNW 0— ps u E Nt: F FULL Ve•. lip ]Y... yG 4f, 5 (o,7 16 k1A LS LEFT TURN PROTECTED ON GREEN ARROW -. - T i4y -vea TkAFFIC GHAL ST i.% t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA HIGHWAY DIVISION 6 • z; RE[. N0. 472 Johnson County Post Office Box 427 Special Public Road Connection #516P Iowa City, Iowa 52240 March 30, 1979 i Larry R. Schnittjer; MMS Consultants Inc. 465 Hwy.' I'West Iowa City, Iowa 52240 Dear Mr. Schnittjer: Enclosed please find an agreement authorizing the construction of a O Type "A" connection, a plat and an Approved Request for the establ ment of a Special Public Road Connection. ish- The proposed Special Public Road Connection will be on the south side at station. 175+82.85..on Primary Road Extension U.S. 6 approximately 0.2 miles east'from'Gilbert Street in Iowa City in Johnson County, Sincerely yours, Elvert F Lombard Maintenance Operations Assistant EFL:jg cc: Records Center Frank Boyd Mary Boyd Frieda; Rummel hart„ A.E. Grab Bert Miller Frank'Thomas Abbie S,tolfus, City:,Clerk ✓ �E ;I couwac ONIAS S JULESmN. S°UnY SAD" LLNut DONCt"AN,16, :!CIS MIY1iI-µp W,3 '1l.'11101GiL STANLEY SCHOELEAWN ♦LLAf7{{{Q;[9Y"OJ� CMM hDM. 00 New WTpipA SWAGE ,,• DiAngW MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs NOINES AGIt1:1:MEN'I AU1'110RIZING'I'111: CONSTM11CTIOP OF A SPECIAL PUBLIC ROAD CONNECTION TO U.S. 6 IN THE CITY OF IOWA CITY; JOHNSON COUNTY, IOWA Agreement No. 505 --L THIS AGREEMENT, made and entered into by and between Ily-Vcc Food Stores, Inc., Mary L. Boyd, and Frieda L. Rummelhart, owners of record, (hereinafter referred to as owners), and the Iowa Department of Transportation, Highway Division, acting for the State of Iowa, (hereinafter referred to as the Department), and the City of Iowa City, (hereinafter referred to as the City). IDENTIFICATION WHEREAS, the owners own land generally located in the SWSE of Section 15, Twp. 79 North, Range 6 West, of the 5th Principal Meridian, which lies south of the south right of way line of Primary Ilighway No. U.S. 6 and •.IYIIEREAS, the State of Iowa previously acquired all rights of direct access from said property from former owners Wilbert Frantz, Mary L. Boyd, and Frieda L. Rummelhart by Warranty Deed dated May 25, 1956, and recorded in the Johnson County Recorder's Office in Book 208, Page 510, and WHEREAS, the owners have submitted plans for the modification and additional signalization required at the location of the Public Road Connection, south side of station 175+82.85, and WHEREAS, these plans have been received a:td approved by the Department and the City and are attached hereto as Exhibit A, and NOW, THEREFORE, it is agreed that the Department and the City hereby authorize the construction of a Public Road Connection, right side of station 175+82.25. Ily-Vee agrees to perform, at no cost to the Department or to the City, the construction of the access and the necessary modifications and additional signalization as prepared by the owner in accordance with the Department's current specifications and as. shown on the attached Exhibit A. The modifications of U.S. 6 and the signalization work must be completed prior to the opening of the access location. The City shall be responsible for preparing a contract, letting, and inspection of the additional signalization and modifications as necessary, at no cost to the Department, and the fly -Vee shall reimburse the City for all costs in connection therewith. It is further agreed that after completion and final acceptance has been made by the City and the Department of the U.S. 6 modifications and traffic signals, the ownership of the traffic signals shall become that of the City who shall thereafter be responsible for their maintenance. 3319.14 Code of Iowa requires any work performed under this agreement to be in conformity with the specifications of the D.O.T. If the applicant does not conform to these specifications, the U.O.T. may make the necessary changes and charge the cost against the owners of record, including court action if necessary. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. SOS as of the date shown opposite its signature below. RECOXMENDED FOR APPROVAL i 17 Authorized City Official Date Authorized Zoning'Officinl Date District Engineer \ Date , Development Support Engineer Da e APPROVED: o r D. 1.. McLcan Date 111 t'C': r.Uf 17i.'e., .4•. - .. .. .. V OWNERS Signed on this day of , 19 . (Type or Block Print Names below Signature) IIY-VEI: FOOD STORES, INC. By Z\'3 10 _ Uw'Vredenburg, Tr dent , 1 I i . rl • : L' fel ,1 JI .I.t �� Fktfy L. Boyc cc Frieda 1.. RUMMalhart MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140IIIES k I r' RESOLUTION NO. 79-77 RESOLUTION AUTHORIZING MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS i WHEREAS, the Iowa Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right-of-way for highway projects funded with Federal Aid funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right-of-way assurance statement for Federal Aid Projects. i It was moved by Roberts and seconded by deProsse that the Resolution be adopted and upon roll call vote there were: AYES: NAYS: ABSENT: I x BALMER —x dePROSSE - x— ERDAHL —x-- NEUHAUSER x PERRET x ROBERTS x VEVERA i I Passed and approved this 20th day of Fahri,ary 1979. I MAYOR ATTEST: J CITY CLERK i ,1 r, r.;:;:;..,:a By T!r_ Legal 3y$ FA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES To: Iowa Department of Transportation Office of Urban Systems 826 Lincoln Way Ames, IA 50010 ACQUISITION OF RIGHT OF WAY 1979 Subject: Assurances regarding future acquisition of right of way for highway projects funded with Federal -Aid funds. I To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council Of the City of Iowa Cit assurances to the Iowa Department of Trafurnishes the following nsportati1. It is the policy of the City of Iowa City acquire right-of-way in accord with Title II to o�aidto 1970 Act and applicable State laws. 2. It is the policy of the City of Iowa City provide relocation assistance benefits ito n accord with Title II of said 1970 Act and applicable State laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acquisition Policies and Procedures.', _�a� ;Zd /-19 � Date Approved L rri Mayor of City MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011JEs