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HomeMy WebLinkAbout1979-04-24 ResolutionRESOLUTION NO. 79-164 RESOLUTION APPROVING CLASS A Liquor LIQUOR CONTROL LICENSE APPLIZ7C" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approvecTTor the following named person or persons at the following described location: Leroy E. Weeks Post 3949 V.F.W., Highway 6 E. Bypass 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. I It was moved by Perret and seconded by Balmer that the Resolution as res a adopted, and upon -r -o-1 call there were: AYES: NAYS: ABSENT: ! Balmer I deProese X _ Erdahl x Neuhauser I Perret x Roberts Vevera X Passed and approved this 24th day of April 19 79 I I ' Mayor i Attest: , J City Clerk :I. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-165 RESOLUTION OF APPROVAL OF CLASS_ A Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Permit application is hereby approved for the followingnamed the following described location: or persons at Leroy E. Weeks Post 3949 V.F.W., Highway 6 E Bypass 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 Perret and seconded by Balmer that the Resolution as.read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse X Erdahl >( Neuhauser X Perret Roberts Vevera 19 Passed and approved this 24th day of April , -79 Mayor Attest: City Clerk 4 1 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES iI. Q j' RESOLUTION NO. 79-166 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFfor the following named person or persons at the following described location: Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South 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 p and seconded by Sol Pr that the Resolution as read be adopted, and upon roll call there were: Vevera Passed and approved this 24th day of April 19 79 Mayor Attest: u City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIMES M AYES: NAYS: ABSENT: Balmer �C deProsse x Erdahl Neuhauser X _ Perret Roberts Vevera Passed and approved this 24th day of April 19 79 Mayor Attest: u City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIMES M RESOLUTION NO. 79-167 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Cli,Wr Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South 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 Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer J� deProsse X Erdahl Neuhauser ,Y Perret X Roberts Vevera )( Passed and approved this 24th 19 79 Attest: � �L City Clerk Mayor ABSENT: day of April , MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES F!3M RESOLUTION N0. 79_168 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 the following named person or persons at locations: the followingdescribed Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque 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 byPerper_ and seconded by Balmer that the Resolution as read be adopted, and upon rol calms 1 there were: Balmer AYES: X NAYS: ABSENT: deProsse X Erdahl Neuhauser Perret X Roberts s{d�w Vevera X Passed and approved this 24th day of April 1979 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES VIM �1 RESOLUTION NO. 79-169 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque St. 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 Perrpt and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse X Erdahl Neuhauser X Perret K Roberts Vevera �( 19 79 Passed and approved this -- 24th day of April _ 62 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOINES M RESOLUTION NO. 29-170 RESOLUTION TO ZSSUE DANCING PERMIT I BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: B.P.O. Elks #590, 637 Foster Road It was moved by Perret and seconded by that the Resolution as res e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer deProsse X Erdahl lk� Neuhauser X PerrePerret X Roberts Vevera x Passed and approved this 24thday of _ April 197 9 ' ;,����� Mayor Attest:Alva)c� City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Mi RESOLUTION NO. 79-171 RESOLUTION TO REFUND BEER PERMIT CORRECTED COPY Happy Joe's Pizza & Ice Cream Parlor WHEREAS, Beka Ltd. dba/ at 805 - First Ave. has surrendered Beer Permit No. BB 4740 expiring 1/15/80 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225.00 payable to Happy Joe's Pizza & Ice Creamfor refund of Beer Permit No. BB 4740. Par or It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: f Balmer deProsse X Erdahl X Neuhauser Perret �C Roberts Vevera Passed and approved this 24th day of April , 19 79 _. i i Mayor Attest: City Clerk M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79_172 RESOLUTION TO ISSUE CIGARETTE PERMITS cation Ha dApaidhtheomulctntaxlrequiredrms and pbrslaw have made le of— cigarettes and cigarette papers; therefore, Y law for the sale of BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Donutland, Inc. dba/Donutland 941, 817 S. Riverside Drive It was moved by _p2prrpt and seconded by Balm r that the Resolution as read be adopted, and upon roll call —there were: Balmer AYES: NAYS: ABSENT: deProsdeProsse k Erdah_ 1__ x NeuhauNeuhau—_ K PerrePerret Robert_ s J I.Cr li Vevera Passed approved this 24th 19 79 day of April Mayor Attest: L ) City Clerk . MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610I1jE5 RESOLUTION NO. 7Q-171 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; Four Cushions, Inc. dba/Control Tower, 18-20 South Clinton 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 Perret and second d by Balmer i that the Resolution as rea a adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer X IdeProsse i - I Erdahl X Neuhauser �( Perret X 1 Roberts .SLOSld! w Vevera Passed and approved this 24th day of April 19 79 i I i Mayor Attest:-(��/4�A. City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111Cs F/4 RESOLUTION NO. 79-174 RESOLUTION APPROVING AMENDED FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOTS 3 AND 4 OF "the WESTWINDS" WHEREAS, an amended Final Large Scale Residential Plan of "the Westwinds", Iowa City, Johnson County, Iowa, has been filed with the City Clerk of Iowa City, Iowa; and, I WHEREAS, Melrose Corporation and Medivestments are the owners and proprietors of the real estate described in said amended Final Large Scale Residential Development Plan; WHEREAS, Melrose Corporation and Medivestments have executed a Dedication and an Agreement with the City of Iowa City, Iowa, providing for the construction of sewer mains, water mains, and private drives. WHEREAS, all the necessary documents have been submitted to the City of Iowa City, Iowa; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" be granted and are hereby approved by the City of Iowa City, Iowa. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Iowa City, Iowa, and to certify this Resolution of approval and affix the same to the plat submitted by Melrose Corporation and Medivestments, the Developer's Agreement attached to this Resolution is by this reference made a part hereof. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were: I � D7 T'r.i, 1}J.il V:r .i.'r1?ia $Z� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -2- AYES NAYS ABSENT BALMER Abstain dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, Ionia, as a true and exact copy of a Resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the P4 day of April, 1979, w 61 IT CLERK Of IOWA Ca TY, 1 UWA Passed and approved this 24 day of April, 1979. ROBERT VEVLRA, Mayor ATTEST: LUL Lity Clerk CORPORATE SEAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i k AGREEMENT THIS AGREEMENT made and entered into by and betwen Melrose Corpor- ation, an Iowa corporation, and Medivestrnents, an Iowa limited partner- ship, hereinafter collectively called "Developer", and the City of Iowa City, Iowa, a municipal corporation hereinafter called "City". WI TNESSETII: WHEREAS, Developer has submitted an amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" known as "Windshire", to the City for approval, which proposed development is located on the following described real estate, to -wit: Lots 3 and 4, Westwinds Subdivision, Iowa City, Iowa according to the recorded plat thereof, more parti- cularly described as follows: Comnencing 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 00°13'31" 14, 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 619.00 feet to the Point of Beginning; thence West 177.65 feet; thence N 00°16'13" W, 715.36 feet to the Southerly Right -of -Way line of Melrose Avenue; thence N 89009'16" E, 273.79 feet; thence South- easterly 31.58 feet along a 20.00 foot radius curve, concave southwesterly, whose 28.40 foot chord bears S 45°36149" E; thence S 00°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 02°16'24" E; thence S 04°09'53" E, 136.24 feet; thence Southwesterly 108.10 feet along a 325.00 foot radius curve concave Northwesterly, whose 108.20 foot chord bears S 05°25'04" W; thence S 15000100" Id, 249.84 feet; thence Southwesterly 71.99 feet along a 275.00 foot radius curve whose 71.79 foot chord bears S 22°30'00" W; thence S 30°00'00" W, 45.84 feet to the Point of Beginning. Said tract of land containing 4.49 acres. WHEREAS, the City has imposed certain requirements upon the Devel- oper as a condition to the approval of said amended Final Large Scale Residential Development Plan; NOW, THEREFORE, in consideration of the approval of the amended Final Large Scale Residential Development Plan (known as "Windshire") ':'i.• '. :1 C. _L..: of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -2 - by the City and in consideration of the mutual covenants hereinafter set forth, it is agreed by and between the parties as follows: I. CONSIDERATION AND COVENANT. In consideration of the City approving the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" (known as "Windshire"), the Developer agrees as a covenant running with the land that the City shall not approve the building permit on said real estate unless and until water mains, sanitary sewers, and private drives have been installed in front of or adjacent to Lots 3 and 4 of "the Westwinds". 2. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by Developer according to the plans and specifications of the City and under the direction of the Engineer of the City. Said direction shall consist of occasional inspection of the work in process, but shall not relieve or release Developer from its responsibility to construct said improvements pursuant to said plans and specification. 3. BUILDING PERMIT AND ESCROW MONIES- It is further provided, however, that in the event the Developer, its assigns or successors in interest, should desire a building permit on Lots 3 and 4 of "the West - winds" for which pavement, water mains and sanitary sewers are not installed, Developer, its assigns or successors in interest, shall deposit with the Clerk of City in escrow an amount equal to the cost of said improvements plus ten percent (10%) thereof as determined by the City Engineer's Office of the City. When said funds are deposited, the Building Inspector of City shall issue a building permit provided that the applicant complies with all other requirements and ordinances of City. 4. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 3, City in its discretion may require the Developer, its assigns or successors in interest, to MILnurILMty 51 JORM MICROLAB CEDAR RAPIDS -DES MOINES -3 - construct and install such improvements as stated in Section 1. 5. USE OF ESCROW MONIES. If after the issuance of an occupancy permit, the improvements as stated in Section 1 have not been con- structed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots adjacent to or in front of which said improvements are made. The City shall refund to the depositor any escrow loonies not used by the City after the construction and installation of such improve- ments. 6. WAIVER. In the event Developer, its assigns or successors in interest, shall sell or convey any real estate (including condominium units) located in Lots 3 and 4 of "the Westwinds" without having had constructed or installed the water mains, sanitary sewers or pavement, the City shall have the right to install and construct said improvements and the costs of said improvements shall be a lien and charge against all of the real estate to or in front of the real estate on which the improvements are made. Further, the condominium units in Lots 3 and 4 may be assessed for improvements under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. The City agrees when such improvements have been installed to tile satisfaction of the City it will immediately file in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14O114ES -4- 7. STORM WATER CONTROL STRUCTURE. Developer will construct a storm water detention facility in accordance with the Iowa City Storm Water Management Ordinance with the Iowa City Storm Water Management Ordinance and pursuant to plans and specifications approved by the City of Iowa City, as shown on the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" (known as "Windshire") and after such facility has been constructed, Developer shall be respon- sible for the continued operation, maintenance and repair of such facility in a manner which is consistent with said ordinance, which obligation shall be a covenant running with the land and enforceable by the City against the Developer and the Developer's successors in interest. 8. EASEMENTS. As shown on the Plat of the amended Final Large Scale Residential Development Plan, blanket easements are provided for installation and maintenance of public and private utilities. No buildings may be constructed over public utilities. g. COVENANT. This Agreement shall be binding upon the parties hereto and their successors in interest and shall be construed as a covenant running with the title to the land described herein as though MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -5- the same were incorporated into each subsequent conveyance of the land described herein. IN WITNESS WHEREOF, the parties have caused this agreement to be executed at Iowa City, Iowa, on thisd Sday of April, 1979. DEVELOPER MEDIVESTMENTS SS. JOHNSON COUNTY CITY OF IOWA CITY, IOWA By Robert vevera, Mayor By 1 11, (" J i-• ,/ Abbte Sto fus, Ciry C erk On this i day of April, 1979, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr and Gregory Kessler, to me personally known, who, being by me duly sworn, did say that they are the President and Treasurer respectively, of said corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Bruce A. Orr and Gregory Kessler, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them volun- tarily executed. 1 I Notary Public for!the State of Iowa j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES no1NEs a STATE OF IOWA SS. JOHNSON COUNTY On this -? 3�day of April, 1979, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corpora- tion by authority of its City Council; and that the said Robert A. Vevera and Abbie Stolfus as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Vu u) ajar Notary Public for the State of Iowa STATE OF IOWA SS. JOHNSON COUNTY On this L day of April, 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce A. Orr to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public for the State of Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES I REsoLUTION N0. 79-175 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF MORELAND SUBDIVISION i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Moreland Subdivision be gzmtedpith the following conditions: None. i It was moved by deProsseand seconded by Perret that the resolution as read be adopted ■nd upon roll call there were: AYES: NAYS: ABSENT: R _BAI-MFR Passed and approved this 24th day of April , 1979. ATTEST: % J MAYOR CITY CLERK y Th= l.ral D � cp.jrij:nt MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES sz.z RESOLUTION #79-176 RESOLUTION APPROVING FINAL PLAT OF MORELAND SUBDIVISION, LOT 1 WHEREAS, the owner and proprietor, Moreland Subdivisionl.ot 1 has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Northwest corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence East 571.76 feet; Thence South 1287.40 feet to the Point of Begin- ning; Thence N51013'23"E, 275.04 feet; Thence 523014153"E, 290.92 feet to the Northerly Right -of -Way line of Rochester Avenue; Thence S4803410011W, 204.44 feet on said Northerly Right -of -Way i line; Thence Southwesterly 37.30 feet along said Right -of -Way line on a 673.00 foot chord radius curve concave Northwesterly whose 37.30 foot chord bears S50009116"W; Thence N3000514011W, 293.84 feet to the Point of Beginning. Said tract of land s< containing 1.69 acres. WHEREAS, said property is owned by the above named corpora- tion and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. AYES: NAYS: ABSENT: X Balmer X DeProsse X Erdahl X Neuhauser X Perrot X Roberts X Vevera It was moved by deProsse, seconded by Perret that the Resolution as read be adopted, roll call as above. Ey T.:- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES t401NES -2- Passed and approved this 24th day of _ April 1979. MAYOR ATTEST: 2)L CITY CLERK MICROFILMED DY JORM MICROLAB CEDAR RAPIDS•DES MOINES STAFF REPORT To: Planning & Zoning Commission Prepared by: Dan Johnson Item: S-7910. Moreland Subdivision Date: April 9, 1979 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: John Moreland 2160 Taylor Drive Iowa City, Iowa 52240 Preliminary and final subdivision plat approval To construct a single family home. North of Rochester Avenue approx- imately 100 feet east of Post Road. 1.69 acres Undeveloped and RIA North - undeveloped and RIA East - single family & RIA South - single family & RIA West - undeveloped and RIA Area designated for 2-8 dwelling units per acre. Subdivision Regulations of Chapter 32 of the Municipal Code and the Storm Water Management Ordinance. 5/7/79 5/21/79 Please see "Analysis" on next page. Sanitation service is available as well as police and fire protection. Vehicular access is proposed from MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S 1101?IES i 2 ' s Rochester Avenue. Physical characteristics: The topography.is moderately sloping to steep (5-20%). ANALYSIS The preliminary and final subdivision plats of Moreland Subdivision are in substantial compliance with the Subdivision Regulations (Chapter 32) of the Municipal Code. It is the developer's intent at this time to construct a single family home on Lot 1. The final final plat shows only Lot 1 of a two lot subdivision. Lot 2 will be developed in the future by Bruce Glasgow. As an alternative to providing public improvements at this time, an agreement from Mr. Glasgow should be submitted which states that upon resubdivision of Lot 2 he Will provide public improvements and comply with the Storm Water Management Ordinance for Lot 2 in such a manner as to enable Lot 1 to tie into such improvements and provide appropriate stormwater management facilities. Until such time as these improvements are made, Lot 1 will provide sewage treatme installation of an approved septic system. This would appear to be a reasonable nt by course of action in view of the fact that for Lot 1 to tie into existing sewer f lines would require drilling under Rochester Avenue if the connection were to be I accomplished at this time. In addition, the natural slope of Lot 1 toward Lot 2 suggests that it would be more appropriate toI rovide management facilities in that direction. Finally, in vieb w softhe sfactwthat vehicular access to Lot 2 will be from First Avenue it is not necessary to require public improvements such as streets for Lot 1 because Lot 1 is already adjacent to an existing street. RECOMMENDATIONS It is the staff's recommendation that action on the preliminary and final plats be deferred. Upon revision of the plats incorporating the deficiencies and discrepancies listed below, the staff recommends the plat be approved. DEFICIENCIES AND DISCREPANCIES I 1. The legal papers are not in order and should be revised. 2. The signatures of the utility companies should be provided. i 3. An agreement from Bruce Glasgow assuring the provision of public improvements and compliance with the Storm Water Management Ordinance for both Lot 1 and Lot 2 should be provided. 4. The name(s) and address(es) of the owner(s) of the subdivision and their attorney(s) should be shown on the preliminary plat. 5. The location of the existing sanitary sewer at the end of Post Road should be shown on the preliminary plat. ATTACHMENTS 1. Location map MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011IES ACCOMPANIMENTS 1. Preliminary Subdivision Plan. 2. Final Subdivision Plan. 3 Approved by n4s.ra t, ire r DepPlanning and Program Development MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES s i j I . Jj I ,I i I i ACCOMPANIMENTS 1. Preliminary Subdivision Plan. 2. Final Subdivision Plan. 3 Approved by n4s.ra t, ire r DepPlanning and Program Development MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES I dY_"A LOCATION MAP scM.E t" .1 000' 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Mo1r1Es S-7910 April 10, 1979 City of Iowa City Civic Center I Iowa City, Iowa 52240 Attn: Mr. Robert A. Vevera, Mayor Re: Preliminary & Final Plats of'Moreland Subdivision Iowa City, Iowa (S-7910) Dear Mr. Vevera: I am respectfully requesting that the above referenced subdivision be placed on the edgende for Council review and action on April 23 and 24, 1979. The plste'will'be before the Planning.&'Zoning.Commission, for their consid on April 16 and 19, 1979.. eration, If you have any questions regarding this please contact me accordingly. Respectfully, ohn.Moreland j JM:dt 7 APR 1 01979 A.BBIE STOLFUS, CMC CITY CLERK (3) 893 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /1� CITY OF IOWA CITY' CIVIC CENIL(,' 410 L W/\51IINGIO(l SI IUW6� CITY IUNWA 52240 09) 354.18GO FOR IMMEDIATE RELEASE - 23 April 1979 Contact: Mace Braverman 337-4195 The Iowa City Human Rights Commission takes strong exception to public comments made by a member of the Iowa City City Council impaling the Iowa Civil Rights Commission's handling of the Linda Eaton case while still at the conciliation stage. A reponse is made necessary so that public trust in any civil rights agency will not be undermined or discredited. It is the intent of this Commission to call the public's attention to the complaint process so that thepublic will understand how any civil rights agency operates. When a•civil rights agency accepts a case an impartial investigation is conducted, a finding of probable or no probable cause is rendered, and a proposed conciliation agreement, encompassing a just resolution, is submitted bo both parties. This procedure was followed by the Iowa Civil Rights Commission. The Iowa City Human Rights Commission is charged with similar duties. Outbursts blankedly impuning the Iowa Civil Rights Commission and its procedures strikes too close to home. Further, many of our cases ultimately are referred to the Iowa Civil Rights Commission which, therefore, requires a close working relation- ship. We feel the remarks attributed to an Iowa City Council member jeopardizes - more - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES Br_� $_ Page 2 this relationship and we wish to go on record opposing this particular outburst and further request a more jydicious response by any City official in the future. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40111Es RESOLUTION NO. 79-177 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY t I , WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, i WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the.public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain property contained therein, and has ireviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the Just Compensation for said property for the purposes of acquisition. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the i prices and amounts opposite each parcel of land, and all interests therein, including improvements,, buildings, and fixtures, identified below, is hereby declared to be the j Just Compensation for the purpose of acquisition of each said parcel and all other interests. The Staff of the City is hereby authorized to begin negotiations for the purchase of said property and the Mayor and City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the I acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owner Just Compensation i I 3 John S. Gottlieb; James L. Kerr, David $47,300 A. Sidwell, dba "The Motorcycle Clinic" 5 James F, Brenda Schintler, Ronald G Marilyn $17,800 Schintler, Richard Schintler, Barbara J. Schintler I 6 W.A. Gay $ Company, Inc. $ 8,600 9 Arie $Antonia Kroeze $ 1,800 C r._ A FICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOETIES -2 - It was moved by Balmer and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -R— Balmer g deProsse X Erdahl x Neuhauser g Perret X Roberts X Vevera Passed and approved *this day of 014 M y 1979. tj Mayor ATTEST: PAL a�" .11 City Clerb 1 MICROFILMED BY DORM MICROLAB cEDAR RAPIDS•DES MOINES y�G RESOLUTION NO. 79-178 RESOLUTION APPROVING CONTRACT FOR LEGAL SERVICES AND AUTHORIZING LITIGATION WHEREAS, the City of Iowa City wishes to retain counsel to represent it in connection with legal matters pertaining to Freeway 518, and, WHEREAS, the attached agreement sets forth the understanding of the parties with respect to retaining attorney David A. Elderkin of Cedar Rapids to represent the City in connection with such matters. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City that the attached agreement for legal services is hereby approved and the Mayor and City Clerk are authorized to execute the same on behalf of the City. Further, litigation is authorized as set forth in the agreement. It was moved by Neuhauser and seconded by — dePross e the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera Passed and approved this 24th day of April, 1979. MAYOR ATTEST: (2 CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES A/Gee11 h5 Agreement Reference Legal Services This agreement is entered into this .30ttu day of April, 1979, by and between the City of Iowa City, Iowa, hereinafter referred to as the City, and attorney David A. Elderkin of the law firm of Wadsworth, Elderkin, Pirnie and Von Lackum, of Cedar Rapids, Iowa, hereinafter referred to as Elderkin. WHEREAS, the City desires to secure legal serveces to advise and represent the City in connection with legal matters pertaining to the planning and construction of a freeway located west of Iowa City known as Freeway 518, and, WHEREAS, the City desires to retain Elderkin as special counsel to represent the City in connection with this matter NOW THEREFORE IT IS AGREED as follows: 1. That Elderkin shall serve as special counsel to the City of Iowa City to represent the City in connection with legal matters pertaining to the alignment of the 518 freeway. 2. It is agreed that Elderkin shall commence initially a review of the factual and legal background of the 518 alignment matter and shall report to the City Council of Iowa City on his conclusions and opinions concerning the legal rights and responsibilities of the City in connection with that matter including his views as to the advisability of litigation concerning the alignment of the freeway. In addition, Elderkin shall commence and conduct litigation concerning this matter on behalf of the City if such litigation is deemed by him to be advisable upon consultation with the City Manager and City Attorney. 3. It is understood and agreed that Elderkin shall report to the City Council of Iowa City regarding progress of any litigation. 4. Elderkin shall be compensated at the rate of $50.00 per hour for work done pursuant to this agreement. Elderkin shall bill the City monthly, providing an itemized statement of services performed, and the City agrees to pay the statements promptly. 5. It is further agreed that Elderkin may wish to utilize the services of other personnel in his firm and in the event he choses to do so he shall provide the City with a list of the names and the rates of compensation to be paid. The City will then reimburse Elderkin for services performed by such personnel. In the event Elderkin desires to obtain the services of other counsel to assist him in the conduct of this matter, he shall submit information to the City Council concerning such counsel for City approval. MICROFILMED BY JORM MICROLAB CEDAR RANDS•DES 1101tIES 6. It is agreed by the parties that this agreement may be terminated by either party upon written notice in which event Elderkin shall be paid for all work done to the date of termination. Signed at Iowa City, Iowa, on the date stated above. City of Iowa City t MA I OR ATTEST: C I i ��:. , David A, derkln { 615 Higley Building Cedar Rapids, Iowa 52406 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION N0. 79-179 RESOLUTION ESTABLISHING TAPPING FEES FOR WATER SERVICES WHEREAS, the City is authorized to establish rates for connection to water service, and WHEREAS, it is in the public interest to defray the cost of connection by charging a reasonable fee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that fees shall be established as follows: Pipe Fee 3/4 $ 9.60 1" $ 11.10 1} $ 14.65 1} $ 17.20 2 $ 19.80 It was moved by Balmer and seconded by Erdahl that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer :F-- deProsse x Erdahl x Neuhauser x Perret 3F— Roberts x vevera Passed and approved this ? 4 day of April , Ig7q, MAYOR ATM:� Cclie' LI CITY CLERK RECEIVED 6 `PPROVED BY THE LEGU 11MRliM ao spy MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ?IolNES RESOLUTION NO. 79 - 18 0 .U�er7� K y RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR WASHINGTON STREET BRIDGE DESIGN WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with , a copy of said a r egment being attachedto s Reso u on s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for the design of the Washington Street bridge over Ralston Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agr ement with NNW. Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Perret and seconded by Neuhauser the Resolution be adopted, and upon rocall there were: AYES: NAYS: ABSENT X BALMER X dePROSSE X ERDAHL X NEUHAUSER x PERRET X ROBERTS _ VEVERA . Passed and approved this 24 day of April , 1979. 7 � 1 2 _�yi ATTEST: , >ro City Clerk ReCei,.•ed g, P.rT'7"%ad By 'V;o Leal D:.{.: 83/ MICROFILMED BY JORM MICROLAB CEDAR RANDS•DF.S 1101NE5 AGREEMENT (WASHINGTON STREET BRIDGE DESIGN) This Agreement, made and entered into this 3e day of T , 197f, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and N.N.W., Inc. of Iowa City, Iowa, 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 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: 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. r I. SCOPE OF r 2 In October of 1978, N.N.W., Inc., completed a brief report on several alternatives for improving the bridge at Washington Street Bridge over Ralston Creek. This report suggested the replacement of the existing deck with a reinforced concrete slab as a recommended solution. It is the intent of this agreement that the N.N.W., Inc. report be the basis for the design services performed by the Consultant. The Scope of Services shall include a preliminary phase, a design phase, and a construction phase which are further defined as follows: Preliminary In this phase the Consultant shall either confirm or reject the N.N.W. study through a more detailed analysis. To be included in the analysis shall be soils information regarding abutment settlement due to added dead load. The Consultant shall also determine feasibility of design through discussion with regulatory agencies (specifically Iowa Natural Resources Council). Further discussion and meetings with utility companies and private land owners as necessary shall be performed by the Consultant. Five (5) copies of the preliminary plan shall be submitted to the City for review purposes. The preliminary plans shall include, but not be limited to, elevations, cross-sections, flood flows, utilities, property lines, surface intersection geometry, material selection, and other appropriate design criteria. Design Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. Preparation of detailed contract drawings; b. Preparation of specifications and contract documents. The Consultant will insure that the contract documents will meet all requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the Human Relations Department to insure that all required non-discrimination and equal opportunity statements or affirmative action programs are included in the contract documents; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES c. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. The Consultant will obtain project approval from other agencies after City review and approval as required; and d. Preparation of a final Construction Cost estimate upon completion of final design. This Construction Cost estimate will include a bidding contingency of ten percent. If the lowest bona fide proposal or bid exceeds the estab- lished Construction Cost limit, City shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project scope or quality. In the case of (3), Consultant shall, without additional charge beyond the maximum cost defined in this agreement, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the limit of Consultant's responsibility in this regard and, having done so, Consultant shall be entitled to payment for his services in accordance with this Agreement. a Construction Phase F The Consultant will provide the following services under this phase upon written notice from the City: a. Assist the City in securing bids and provide bid documents for contractors. The bid documents for this phase are not a reimbursable expense; 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 the award of the contracts; d. Consult and advise the City during construction relative to this project; e. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; f. Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept; g. Reviewing laboratory reports, materials and equipment; h. It is intended that the City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. He shall advise the project inspector of any deficiencies noted or anticipated during the periodic visits; and i. Make a final inspection report to the City upon completion of the project. Special Services Upon request the Consultant agrees to furnish special services. Such special services may include: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 3. 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. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. 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. 6. 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 requirements made by the City shall MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES a. Soil investigation, including test borings, related analysis and recommendations; b. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings; C. Technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with Contract Documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of contract drawings to show location and nature of improvements as actually constructed; and d. Assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory z agencies. v II. TIME OF COMPLETION The Consultant will complete the phase of this project within the f times listed below: Preliminary Phase - 30 days after signing of this contract. p Design Phase - The design phase of the project shall be done 60 days after approval of the preliminary phase. d ConstructionPhase - The Consultant shall include appropriate construct ton times in the job specifications. Y III. GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct personal expense as herein attached times a multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination; however, such sums shall not exceed the "not to exceed" amounts listed in Section IV. Either party may terminate this Agreement upon five (5) days notice. 2. This Agreement shall be binding upon the successors 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. 3. 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. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. 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. 6. 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 requirements made by the City shall MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES be given with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use relative to the specific projects covered under this agreement. The Consultant shall not liable for use of such documents on other projects. 8. 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. 9. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows 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. 10. Should any section of this contract 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. 11. Original contract drawings shall be modified to reflect "as built" conditions and shall become the property of the City. The Consultant shall be allowed to keep mylar reproducibles for his files and use. 12. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 13. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertinent to the project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: a. Expense of transportation and living when traveling in connection with the project, long distance calls, and telegrams; b. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Consultant's office use; C. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with City's approval for services other than those defined in this contract; and d. Extraordinary reimbursable expenses shall be approved in advance by the City. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other 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 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES purpose of making audit -examination exerpts and transcriptions. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Basic_ Services - For the preliminary phase, design phase, and construction phase the Consultant shall be paid a fee based upon 2.2 x Direct personal expense. The total fee for these phases shall not exceed $12,400. Not more than 30%, 70% and 100%, of the not to exceed figure shall be paid out prior to completion of the preliminary, design, and construction phases respectively. i Special Services - Special services shall be compensated in the following manner: , a. Soil testing services at approved flat rates. b. Full-time project representation shall be compensated at a fee based upon 2.2 x Direct Personal Expense. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit A. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. The "not to exceed" figures listed in this section refer only to Direct Personal Expense and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. All fees will be billed and due payable monthly. With each billing the Consultant shall list the individual, the hours worked, and the hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. The undersigned do hereby state that this contract 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. It is further stated that there are no other consideration or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: FOR THE CONSULTANT: ATTEST: ATTEST: v i RECEIVED b By DEP TRISNT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AGREEMENTS/CONTRACTS yP. f Attached are — unexecuted copies of e /•„ ;, / �.• �1-2 eZ7Zf as signed by the Mayor. After their execution by the second party, please route p) 3) C^Yi. lei 5) ri. is to be responsible for completion of this procedure. After-receipt-of-original-ly-s-igned document f-rom-you-; a-xerox-copy._will be returned -to -your office, Abbie Stolfus, CMC City Clerk ; , 1 i I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Council Member Balmer introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Perret seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Balmer, deProsse, Erdahl, Neuhauser Perret, Roberts, Vevera NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 79-181 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa, sometimes hereinafter referred to as the "City" or "Municipality", was duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City has designated the City Treasurer to act as the financial officer of said City with respect to the registration and payment of its bonds and interest thereon; and WHEREAS, said City is in need of funds to pay costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street - Benton to Pen£ro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment -2- AHLERS. COONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NE5 1912 r Facility and the River Corridor Trunk Sewer, an essential Cor- porate purpose, and it is deemed necessary and advisable that general obligation Bonds in the amount of $2,000,000, be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the issuance of said bonds; and WHEREAS, said City is in need of funds to pay costs of acquiring, constructing and equipping a city public library, a general corporate purpose, and it is deemed necessary and I advisable that its general obligation Bonds in the amount of $3,500,000 be issued for said purpose; and CWHEREAS, this Council, pursuant to Section 384.26 of said ode, did legally call a City election, fixing the time and Place thereof, and did legally submit to the qualified elec- tors of said City the proposiion of to general obligation Bonds of said City in an amount not exceeding $3,500,000, for the aforesaid purpose, and caused to be given legal sufficient and timely notice of said election and the time, place and purpose thereof, and IWHEREAS, said City election was duly and legally held and conducted on November 7, 1978 pursuant to said call and to a legal notice duly given by publication in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said Publication in said newspaper appearing on a date not less than 4 clear days nor more than 20 days prior to the date of said election, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections; and, the affirmative vote on said proposition being equal to more than 608 of the total vote cast for and against said been declared land on aatsall times aid lcertifiedon; saidptop havelbeen roositon aduly adopted, no contest thereof having been made; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various I general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and s i i r i i -3- i AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I WHEREAS, pursuant to the provisi Code of Iowa, the above mons of Chapter 75 of the entioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That in order to provide a fund to pay the Principal and interest on the bonds hereinafter authorized to be issued and pursuant to the authority granted by Chapter 76 Of the Code of Iowa, there is hereby levied a sufficient annual tax for the years 1979 to 1990, inclusive, said tax being in the following amounts, to -wit: YEARN, AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: 1979 $616,667 1980 $796,000 1980/1981 Fiscal Year 1981 $766,500 1981/1982 H 1982 $737,000 1982/1983 H 1983 $710,500 1983/1984 1984 $684,000 1984/1985 N 1985 $658,000 1985/1986 1986 $632,000 1986/1987 1987 $606,000 1987/1988 1988 $579,500 1988/1989 1989 $553,000 1989/1990 1990 $526,500 1990/1991 1991/1992 (NOTE: Reference to "year of levy" is to the year of the assessed valuations against which the tax levy will be made. For example the 1979 levy will be made and certified in 1980, will be applicable to e taxable f Janury 1 1979, and becollected vduring othe ns ofiscalayear, commencing will July 1, 1980.) Section 2. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all Other taxes in and for said Municipality, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1979 #111, which is hereby pledged for and shall be used only -4- AHLERS, COONEY, DOHW EILER, HAYNIE 6 SMITH. LAWYERS, DES MOINES, IOWA FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 VIES r•. I for the payment of the principal and interest of the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph com- panies and other taxes assessed by the Iowa State Department of Revenue. Section 3. All moneys held in the Bond Fund, provided for by Section 2 of this Resolution shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equiva- lent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 4. That General Obligation Bonds of said City in the amount of $5,500,000 be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose; that said bonds be designated "GENERAL OBLIGATION BOND"I that they be 1,100 in number, dated May 1, 1979, and shall bear interest from the date thereof, until payment thereof, payable December 1, 1979 and semiannually thereafter on the lst day of June and December in each year until maturity at the rates hereinafter provided. Said bonds shall be signed by the Mayor and attested by the Clerk, and the seal of said City affixed, and certificate of registration endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and maturing on the several days when such interest matures; such interest coupons may be executed with the original or facsimile signature of the Clerk; that principal and interest be payable at the office of the Treasurer in said City; that said bonds be num- bered from 1 to 1,100, both numbers inclusive, and be in the denomination of $5,000 each. Said bonds shall mature in each year and bear interest as follows: -5- AHLERS. COONEY. DORWEILER. HAYN IES SMITH. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Interest I Bond Principal Maturit Numbers Rate Amount y (June 1st) 1 - 100 5.908 $500,000 1982 101 - 200 5.908 $500,000 1983 201 - 300 5.308 $500,000 1984 301 - 400 5.308 $500,000 1985 401 - 500 5.208 $500,000 1986 i 501 - 600 5.208 $500,000 1887 601 - 700 5.208 $500,000 1988 701 - 800 5.308 $500,000 1989 801 - 900 5.308 $500,000 1990 901 - 1,000 5.308 $500,000 1991 1,001 - 1,100 5.308 $500,000 1992 Section 5. That upon presentation at the office of the City Treasurer of any of said bonds, same may be registered as to principal in the name of the owner, on the books in the office of said official, such registration to be noted on the reverse side of the bonds by said official, and thereafter the principal of such registered bonds shall be payable only to j the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to said official with a legal assignment duly acknowledged or proved. Registration of any such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 6. That said bonds and the coupons annexed thereto, shall be in form substantially as follows: AHLERS, COONEY, DORWEILER. HAYNIE b SMITH. LAWYERS, DES MOINCS. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES (FORM OF BOND) i UNITED STATES OF AMERICA STATE OF IOWA i j COUNTY OF JOHNSON CITY OF IOWA CITY GENERAL OBLIGATION BOND s No. III $5,000 The City of Iowa City, Iowa, herein referred to as the - -I "City", for value received, promises to pay to bearer FIVE THOUSAND DOLLARS, lawful money of the United States of America, on the 1st day of June, 19 , with interest on said S from the date hereof until paid -it the rate of annum, payable on December 1, 1979, and semiannually $ Per i thereafter on the 1st day of June and December in each year, on presentation and surrender of the interest coupons hereto attached, both principal and interest payable at the office of j the Treasurer of Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, pur- suant to the provisions of Section 384.28 of the City Code of j Iowa, for the purpose of paying costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street -Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer and acquiring, constructing and equipping a city public library, a corporate purpose in con- formity to a Resolution of the Council of said City duly passed and approved. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the Treasurer, such registration to be j -7- A HLERS. COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES endorsed by notation on the back hereof by said official, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a suf- ficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of said City including this bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and attested by its Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official, by the execution of this bond, does adopt said facsimile signature appearing on said coupons, all this 1st day of May, 1979. ATTEST: I Clerk Mayor IM AHLERS. GOONEY. DORWEILER. HAYNIE s SMITH. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES (FORM OF COUPON) The Treasurer of the City of Iowa City, Iowa, will pay to bearer $ on the 1st day of , 19 at his officein the City of Iowa City, Iowa, for months' interest on its General Obligation Bond, dated May 1, 1979, No. City Clerk And on the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of the 1st day of May, 1979. City Treasurer of Iowa City, Iowa There shall also be printed on the back of the bonds the following form of registration: REGISTRATION OF OWNERSHIP Date of Signature of Registration In Whose Name Registered City Treasurer Section 7. That principal and interest coming due at any- time when the proceeds of said tax on hand shall be insuf- AHLERS. COONEY. DORWEILER. HAYN IES SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ficient to pay the same shall be promptly paid when due from current funds of said City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 8. That this Resolution constitutes a contract between said City and the purchaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said City, who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser thereof, as I directed by the Council. Section 9. That a certified copy of this Resolution be filed with the County Auditor of Johnson County, Iowa, and that said Auditor be and he is hereby instructed in and for each of the years 1979 to 1990, both years inclusive, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in like manner as other taxes are levied and assessed, and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, whatsoever. and for no other purpose I '.i Section 10. That there be printed on the back of each bond herein authorized to be issued, a copy of the legal I opinion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the i City Clerk certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 11. The City, as issuer, covenants that it will proceed with due diligence to expend the proceeds of the bonds I for the purpose of issuance as recited herein and that no use will be made of the proceeds from the issuance and sale of the bonds issued hereunder which will cause any of the bonds to be classified as arbitrage bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States i and that throughout the term of said bonds it will comply with the requirements of said statute and regulations issued thereunder. Pursuant to said statute and regulations, it is j hereby certified that the issuer reasonably expects that: -10- ANLERS. COONEY, DORWEILER. HAYNIE s SMITH. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I I I (a) The issuer within six months will have incurred f substantial binding obligations to commence or acquire the project to be financed hereby. i (b) The original proceeds of the bonds issued hereunder will not exceed the costs of said project by more than five percent. (c) At least 85% of the spendable proceeds of the bonds, including investment proceeds, will be expended to pay the cost of the project within three years following the date of the bonds. (d) Work on the project is expected to be commenced following the incurrance of the substantial binding obli- gation referred to in (a) above, and to proceed thereafter with due diligence to completion. (e) The project has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the maturity of the bonds. (f) Accrued interest received upon the sale of the bonds will be applied to the first interest due thereon. (g) Any temporary notes issued in anticipation of the bonds will be retired coincidently with the date of issue of the bonds and at all events within three months thereof. To the best knowledge and belief of the issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the bonds to certify as to the reasonable expectation of the issuer at that date. Section 12. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. -11- ! AHLERS. COON EY, DORWEILER. HAY14IC 6 SMITH, LAWYERS. DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RE5 Section 13. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 24th day of April 1979. Mayor ATTEST: G Clerk -12- A HLERS. COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DEE MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140 HIES April 24 , 1979 The Council of the City of Iowa City, Iowa, met in regular session, in the Council Chambers at the Civic Center, UF East Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor Robert Vevera , in the chair, and the following named Council Members: John Balmer, Carol deProsse, Clemens Erdahl, Mary Neuhauser, David Perret, Glenn Roberts Absent: Non * * * * * * * * * -1- AHLERS. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES