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HomeMy WebLinkAbout1975-10-28 ResolutionIz , CONTRACTOR'S BOND KNOW ALL MEN BY THESE PRESENTS: That we, Bob Mad et Inc. of 2425 South 6th St. Joseph, M064 03 as (name of contractor principal, and The Western Casualty and Surety Company as name of corporate surety) surety are held and firmly bound unto the City of""'Iowa `City, Iowa, and to all persons who may be injured by any breach of,_Any of the conditions of this bond in the penal sum of Fifty-sevenThousand, Nine undred Fifty and Zero Hundredths------ Dollars ($57;958.00 ),_lawful money of the United States for the paymentof which sum ? well"and truly to be made, we bind ourselves, our heirs, :legal representatives and assigns, jointly and severally, firmly by ,these presents. i The conditions of the above obligations are such that where the said Bob Madget, Inca name of contractor) i entered into a'contract with ,the sCity of Iowa City:` I owa, ;bearing the -date of ' .'r�'i�+• ria—' ,--197;_ wherein said -: BobMad et --Inc. l`m re c2'- 7S? rVf name=of contractor `undertakes and; agrees to demolish certain buildings and structures located upon --cer- tain real estate, and clear, fill and/or clean said real:estate as specified in said contract, and to faithfully perform "all 'the terms and requirements of said contract within ;the time therein specified in a good and workmanlike manner, and: :in accordance .413th the plans and specifications attached to said contract and made _a part thereof. It is expressly understood and agreed by the principal and surety in this bond that the following provisions are a part of this bond and.are binding upon said princi- pal and surety, to -wit: 1. "That principal and sureties on this bond hereby agree to pay all per- sons, firms or corporations having -contracts directly with the principal or with subcontractors, all just claims -due >them cfor labor performed or materials furnished, in the performance of the contract on account of which this bond is given; when the same are not satisfied out of the portion of the contract_price_which the public corporation is required to retain un- - til completion of the, public improvement, but the principal and sureties �- shall not -be -liable to said persons,- firms - or corporations unless the claims of said claimants against said portion of the contract;pr.ice shall have ' been established as provided by law." 2. "Every surety on this bond shall -be deemed and held, any contract to the contrary notwithstanding, to consent without` notice: „(A) -To any:extension of time to the contractor - in which to per- form the contract. " (B) To any change in the plans, specifications,"or contract, when such change does not involve an increase of more than twenty-five percent of the total contract price, and shall then be released only as to such excess increase. - -- -- PB-1- • {/.� ) J RESOLUTION NO. 75-389 RESOLUTION APPROVING PLAT -- pre_liminary& - WHEREAS, a final -plat of "University Lake Apartments"; a large scale residential .development as defined in Section 9.51.T(H) of the Municipal Code of the -city of Iowa City, Iowa, involving the following described real ; estate located in Iowa City, Johnson County, Iowa, and more particularly described as follows: Commencing at the North Quarter corner of Section 16, Township 79 North, Range 6 West of the Sth P.M.; thence North 87 degrees 52' 50" West 970.37 feet along the centerline of Melrose Avenue; thence South 1 degree 57' 43" East 662.71 feet along the West side of the NEa NEI NWJ of said Section 16 to the point of beginning; thence South 88 degrees 18' 58" East 606.83 feet to the Southwesterly right of way line of the Chicago, Rock Island -and, Pacific Railroad: thence South 44 degrees 55' 48" East 314.93 feet along said Railroad right of way line; thence South 50 degrees 51' 00" West 221-.97 feet to the North line of Lakewood Addition, an addi- tion to the city of Iowa City, lows: thence North 86` degrees -26' 0011 West 141.30 feet; thence South ---51 degrees 38' 00" West 75.00 feet; thence 'North 66 degrees 16' 00" West 71.00 feet; thence South 53degrees12' 00" West 98-80 feet; South 53 degrees 33' 00" West 168.28 feet; thence South 49 degrees 10' 00" West 98.60 feet; thence South 47 degrees 09' 00" West 66.10 feet to the Southwest corner of Lot i of said Lakewood Addition; thence North 87 degrees 26' 00" West 32.01 feet; .thence North 1 degree 57' 43" West 657.66 feet to the pointof beginning. Said tract containing 7.47 acres more or less. has beenfiledwith the City Clerk and approval thereof has been requested, and Final and Planning WHEREAS, said final plat has been submitted to the Iowa City and Zoning Commission which has recommended approval of the same, and preliminary and WHEREAS, said final plat has been found to be in accordance with f the State of _Iowa and ordinances of the City of the provisions of the laws o Iowa City, Iowa in relation thereto. - - NOW THEREFORE, be it resolved as follows: preliminary and 1. That the -i:C b'/E-GS<,crlbef: :S n� ;Plat {s hereby ."�,>>:�✓/-'��• .� r . y�� / _ i \'� • ��1a +, RESOLUTIOFJ No. 75-391 - RESOLUTION APPROVING PLAT WHEREAS, A PLAT OF B.D.I. FIRST ADDITION TO IOWA CITY,JOHNS014 COUNTY. IOWA, containing _.four -.:(4)-- lots, -has ,been filed -with the City Clerkand after = consideration_ the: same is found to be correct and in _accordance with the provisionsofthe laws of the State Of.:lowa,--and tileordinancesof the City.± of Iowa City, Iona, in relation to plats and additions to cities, NOW THERE- FORE _ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY -OF IOWA CITY, IOWA, that the said plat and dedication of the said B.D.I. First Addition to Iowa City, -Johnson County, Iowa, be, and tile same is hereby acknowledged and approved on the part of the City of Iowa City, Iowa, and chat lhe,streets therein shown, be, and are hereby accepted, and the I-layor and the City Clerk are hereby directed to certify this r'esoluLion of; approval and affix the same to said plat as by Iar1 provided. Said approval subject totl) all legal documents being submitted including.a satisfactory legal documentrelativeto liens and encum- brancesof the subject property,andr2)n t , aagreement be institued concerning _ .. installation and_cost'of a sanitary`"sewer system.. Mayor. dgar Czarn cki It was moved by Brandt and ATTEST: "seconded by deProsse that the - — resolution as read be adopted. Roll call: IAyes: Nays: Absent: City Clerk Brandt x Abbie Stolfus Czarnecki x Davidsen x deProsse x _Passed this 28th day of October, 1975. Neuhauser X STATE OF IOWA ) ss _ JOHNS011 COUNTY ) - - - We Edgar Czarnecki, Mayor and Abbie Stolfus, City Clerk. of the City of Iowa -City, Iowa,.do-hereby certify that the above and foregoing -resolution is a. true and correct copyof -the resolution aspassed by Lhe'.Ci-ty Council of"the City of Iowa City, Iowa, on this day of (tJ a njuk-) A•D•, 1975' `G Mayo r Edga Czarn kJ w/IGC City Clerk Abbie Stolfus. EXHIBIT "A.. Commencing as a point of reference at the center of Section 24, Township - .79 North Range 6 West of the Fifth Principal. • Meridian, -Johnson County, Iowa -City, _Iowa; thence South 88" 40' 00" West, 341.17 feet along. the north line of the Southwest quarter of said Section 24 to a 'point (this Is an assumed bearing for purposes of this= description only); thence.South 00°_ 50' 00" East, 630.18 -'feet -to a point of intersection with the northeasterly right-of-way line of U.S.Highway #6 and point of beginning of tract herein described; thence North 510 30' 40" West, 549.75 feet along the northeasterly right-of-way line of said Highway #6 to a, point; thence North 38 41' 40" East, 1017.30 feet to a point; thence North 51",18' 20" West 70.0 feet to` a ' point of Intersection with the centerline spur; track of the Chicago;`. Rock Island and Pacific Railroad; thence North 38° 41' 40" East, 482.15 feet along the centerline of said spur track to a point; thence South 30' 31' `40'.' West, 71.98 feet along the centerline spur track of the Chicago, ' Rock Island and ;> Pacific Railroad to a point of curve; thence Southerly 481.75 feet along a 379.50 foot radius curve concave easterly and subtended by.a 450.05 foot chord bearing South 5" 50'-20" East, to 'a point of tangency thence 'continuing South 42'12''20"East, 802.57 -feet along the centerline, spur-track'of said'.., C.R.I. and P. Railroad to a point of curve; thence Southeasterly 125.06 feet along a'382.04 foot radius curve concave northeasterly and subtended by a` 124.90 foot chord bearing South '51° 36''50" East, to a'point `of. -tangency; thence South 61' 01' 20 -East 74.22 feet to a point of intersection with the northwesterly right-of-way line of Heinz Road; thence South 290 08' 32" West '. 927.13 feet along the northwesterly right-of-way line of said -Heinz Road to a point of intersection with the northeasterly right-of-way line of said U.S. Highway #6;I thence North 58` 26' 03" West 60.28 feet along the northeasterly, right-of-way line of saidHighwayto a point; thence North 57` 32' -41" West; 308.19 feet along the northeasterly right-of-way'; line of said Highway to a point; thence North 57" 18' 25" West 186.00 feet along the northeasterly right- of-way line of, said Highway to a point; thence'North `55" 51' 48" West, 199.97 1 1 feet. along the northeasterly right-of-way line of said Highway to a 'point; thence North 51` 56' 03" West, 100.0 feet along the northeasterly right-of-way line ,of,said Highway to point of beginning;_: and containing 32.02 acres more or less,' and subject to easements and restrictions of record. - -2- included in this area are: =: An arterial street feeding into a major U.S. Highway. The University campus separated by the river, the highway, and the railroad. The location of both through -trackage and switching facilities for tworailroadlines. The location of water treatment plants for both the University of Iowa and Iowa City. The location of the sewage treatment plant on the east bank -of the river slightly north of U.S. 6; (See Figure 2.) Segment II ---This portion of the project area separates Iowa City and Coralville. On the east side of the river (Iowa City), there exists a considerable portion of undeveloped land with development pressures being applied.Most of --this area is zoned RIA, though zone) slightly north of there exists an area of RM(multi-family • Park Road. _ The west side of the river (Coralville), commercial, industrial, and residential uses have developed.: The major portion of this area is zoned -I2,(heavy . industry),; with a small portion zoned R-1 (single family residential). (See Figure 3.) Segment III - This area.is presently the least developed of the corridor region. Two serious problems -exist in this area: a) -Limestone quarry operation b) ; Potential flooding of residential units situated directly - south of the Dam. _ (See Figure 4.) Segment IV - The land use of this area is extremely chaotic, in that is serious incompatible uses exist side by side. Flooding a problem of the developmentwithin this area -- since much.of the land and some lies.within the floodplain. On the east side of the river, the — area contains M2 (heavy industrial); RIA (single family), and Ml is M2 in the (light industrial) zones. The west side 'of the river VC VP are floating northern section and Cl in the southern._: and zones in the area. „• (See Figure 5.) • III. Historical Resources Iowa City and Johnson County are extremely gifted in historical and traditional elements. --Prior to pioneer settlements,, the Iowa River banks served as.village sites for two of the Indian tribes, the Poweshiks and. the'Wapashashieks. As; the western -white migration began, communities sprang up. - Napoleon, located on the east side of the river, was the first county seat. The first territorial seat was located in Johnson County primarily because of the aesthetic beauty of the Iowa River (The Founding of Iowa City by Benjamin F. Shambaugh). As the area became more settled, industrial development included damming of the river for ease of -travel, and_milling operations, including Terrill's Mill, sprang up. With the exception of the Old Capitol building,none of the original structures` remain. -However, it is the intent of this project to preserve these areas as historic relics of natural' beauty.__ IV. Relationship of Proposed Project to City's Goals The Iowa River Corridor is subject to three -local -jurisdictions; • ` Iowa City, Coralville, and Johnson County. Iowa City's Riverfront Commission, an advisory -body 'to the City Council, endorses the: * "preservation, enhancement, and appropriate development ' of, the Iowa Riverandthe land adjacent -and, -integrally relatedtoit." - - Coralville Planning Commission: * " ... an objective of community development ...`to encourage less attractive' industrial uses to improve their appearance by any method possible ..." * "It should be an objective, to develop a;, pattern of recreational facilities and areas easily accessible to all residents ..." Johnson County Regional Planning Commission: - - * "Preserve the remaining woodland areas, scenic vistas, and historical sites ' * "Provide a complete range of parks, recreation facilities '• and programs, and _open spaced areas for the present and future people of Johnson County'.,," _q_ , * "Protect natural drainage courses and waterways ..." V. Environmental Impacts - A. Acquisition Impacts * Human_ elements:the acquisition of property along the corridor could entail the relocation of commercial/ industrial/residential' tenants.' * Financial elements: depending on the amount of property acquired, tax -would a revenue loss occur. - * Wildlife elements: there would be a slight disruption of wildlife patterns if demolition- and regrading ,were to occur. * Pollution: more water, air, and noise pollution would be generated during the demolition.stage. B. Development and User Impacts ' Human elements: there would be more recreational and open space areas for the residents to enjoy:: Increased oppor- tunities for exploration of natural wildlife and vegetation and historical information would be made available. * Financial impacts: If the County, Coralville, and Iowa City purchase the corridor regionthen property would be removed from the tax roles. However, this would not necessarily precipitate an increase in taxes, in that if the river region were enhancedand recreational facilities 'available, 'then tourism could rise and increase` merchants' trade. - * Wildlife impact: With the increased recreational activity along the river- there will be a slightdisturbance of wildlife. _ The wildlife along the riverfront is typical of ` that found in oak --hickory hardwoods and agricultural lands. White-tailed deer, rabbit,` squirrel, quail, and pheasant are the primary game species. Songbirds `exist `in the wood- land and cropland' areas. In the urban portion of:the river corridor, squirrels, rabbits, and songbirds coexist with urbanization. (Stanley Consultant Report.) As conservation measures protect wildlife,:the -disturbance will not be `- prolonged. t * --Aesthetic impact: With the removal of unattractive industries - and the preservation of the natural scenic beauty, the corridor area's aesthetic beauty will be enhanced. As the • . I impact of this project is preser vation and enhancement; ancement, zoning of adjacent areas will reflect the aesthetic concepts of the river area. C. Adverse Impacts An increase in litter due to the nature of the development. An increase in recreational areas exposed to annoying insects due to the location of the project. An increase in safety hazards due to the increase of people in the area. * Short -termed pollution (water, air, and noise) during the acquisition/demolition. * Portions of the proposed project area are more subject to flooding due to the nature of the topography. * An existence of a -sense of -infringement -of -privacy f privacyor - ordeprivation on the part of potential developers and landowners. • VI. Ways to minimize some of the adverse effects of the proposed project: With good planning and proper use of landscape design, the effects of the recreational activities along the riverfront could be minimal. Increased maintenance and litter receptacles would minimize the litter_ The quality of natural vegetation will improve with the clearing of vegetation which is destructive to some of the existing woodlands. The clearing process also has a potential to decrease the annoying insect population. The area subject to flooding can be engineered to be able to withstand flooding with a minimum of damage. VII. Adverse environmental impacts which cannot be avoided should the project be implemented: Short-term increase in dust, noise, -water and air pollution during renovation stage. Initial disruption of some wildlife. -G- • Loss of tax revenue if property is purchased. Loss of sense of privacy of residents adjacent to, the area. VIII. Existing conditions and trends likely to occur without project implementation (based on Iowa River Corridor Study Phase One- InventoEX, Survey, and Anal sis, Stanley Consultants, Inc:; 6 75). Intensive land use development contiguous to.riverfront. Flooding of developed property and floodplain land use controls which do not restrict development, but allows the development to be raised above the flood levels. Encroachment of land and rail transport modes upon the river corridor. Severe shoreline erosion. Land use beyond capacity of support.- Mineral extraction sites, both past and present operations, which have done irreparable damage to the landscaper Undesirable land use patterns. IX. Commitments of resources which would be involved should the proposal be implemented. Should the acquisition and enhancement plan be implemented; the ' commitment of funds is neither irreversible nor irretrievable. The City quite, possibly would buy the land, enhance the area, restrict zoning, and sell the land .at>fair -market value. The temporary erosion of soil during the development process will - be restored during the preservation stages of,the-project. X. Alternatives to the proposed plan. There are basically three alternatives to this development plan: A. - Do Nothing B. Draw Up a Different Plan of Action C. Change the Dimensions of the Project Area 1. Do Nothing -- If this course of action were initiated, the riverfront region would continue -to"deteriorate; • the adjacent 'lands would develop, and the river, 3 -7- instead of an asset to Johnson County, Iowa City, and Coralville, would become a detriment: 2. Draw Up a Different Plan of Action -- If the City were -- not committed to historical, natural wildlife and vegetation preservation, 'and 'open "space and recreational facilities, then more, options would be available to the river corridor region. However, if the City chose to disregard these limitations, then .the federal government would not participate inthefunding. Since a different plan has to incorporate these 3 areas of preservation, the magnitude of the project would be the only area of -change. 5 3. Change of Dimensions -- The scope of the, proposed project area could be decreased and limited to the portion of the river or lands -and land uses adjacent to the rivercorridor that is in -the most deteriorated _ state; the one with 'the -most historical value; the one with the most natural vegetation; or any other criteria for `preservation. --> However, ;a, piecemeal ` preservation approach to a natural body -of water could possibly be more detrimental and/or costly than . , the proposed project.-: For,example,;if the historical areas were preserved and enhanced, without upgrading the riverbank or restricting the zoning, these sites - would have a shorter life span and a less aesthetically appealing value. XI Other Information * An Environmental Review Record has been established for this Iowa River Corridor Project and may be.examined and copied in the City Clerk's Office, Civic Center,' 410 E. Washington Street, Iowa City, Iowa. * At this time, no further environmental review of this project is proposed to be conducted and it is the 'intention of the City of Iowa City; to request HUD to release funds for this _- project 1975. Comments on the Notice of Intent Not to File an Environmental Im act Statement. concerning t e_.lowa River Corridor Project may a submitted to the City Manager of the City of Iowa City, from-, 1975,,to 1975. * The applicant for these funds is the City of Iowa City. The chief executive officer -of -the applicant is Neal Berlin, City Manager, City of Iowa City. SEGMENT R - - uTr unm INTERSTATE so ., D X I2 I7 __.-- -.... l773 II - • RIA �,.. RIA RIA i ' + n PARK ROAD f H .. u -.. M;FA e'm, IMA _ goo too of G - _ RIA I �. AW . FIGURE 3 1 _2 Sycamore Street and is a_ residential` area composed of four existing parts or additions and one proposed subdivision. - 2. Washington-Park Addition - Located on, the east side of Iowa City, bounded on the north by Rochester Avenue,:on the south by Court Street, and on the west and east by; FirstAvenue' and -- Scott Boulevard, respectively.- 3.' -City =Park Located on the west bank of the Iowa River in the ---north/northwest section of Iowa City. D. Purpose The purpose of the Parks and Recreational Facilities Program is to provide an "increased number of small neigh- borhood parks" (Park and Recreation`Survey for Iowa ,City - <. Burke Report; Preliminary Park and Recreation Plan 1976 - 1980); to continue to provide -and upgrade active and pas- sive recreation facilities for neighborhood residents;. and to obtain maximum usage of City Park by all groups within the community. E. Phase I-(Acquisition) The initial phase (Phase I)-of-the proposed project will be for acquisition and grading of ,14 acres of land injthe Hollywood Manor area for $50,000 and the acquisition and grading of 3.5 acres of land in the=Oakwoods-Washington Park area for $35,000." F. Phase II (Improvements) This phase will be a City-wide campaign, to upgrade neigh- borhood parks and to provide'.a broader range of-recrea- tional facilities than is presently,available at both the neighborhood level and the community level (City Park); for $275,000. - * The proposed plan will-provide-shelters, surfacing, : -- apparatus, landscaping,: etc., inexistingneighborhood parks to increase their usage. * The proposed plan (City Park) will provide immediate`, roadwork,:bicycle paths,playground renovation, apparatus, pond stabilization, spray pool, log cabin rehabilitation, -6- lternatives to the Parks and There are basically two a Recreation Plan: A. Do Nothing B,- Change the scope .of the Plan The federal government might this - - 1, Do Nothing - disapprove financial participation in plan, and none of the environmsl�ional lsites' listed would apply: The acquisition Would; probably develop inY.o residential Park and the neighboring dwellings, and City to deteriorate. parks would continue -Plan The Park and- 2. of the - Change the Scope imished to be dmen£ Recreation Plan could of -parks; and ;deveks;'or a) acquisition c) upgrade b) upgrading existing-parroach to cemeal app a p ie- City Park.However, park system could entail a comprehensive impacts " more expense, greater environmental and an unfulfillment be prolonged which would', of City goals. • XI. OTHER INFORMATION - stablid for m EnvironmentaRecreationeActivitieshas ePro�en * ect and may be An this the City Clerk's Office, Civic ied in Iowa. examined and cop ton: street, -Iowa City, Washing Center, _410 East Review of this *-At this time, no further_Environmental is to'be con ductedtonYeQuestD to project proposed intention.of the City:of Iowa City 1975 �— release funds for this project File -_ the Notice of Intent Not to the Par s an on er * Comments on of then mental Im act stet9uemittedCtonthe".City Manag Activities may 1975, to— City Of Iowa City, from —� of Iowa City. for these funds is the City licant is Neal * applicant The app The chief, executive off: Iowa Iowa. City Berlin, City Manager, • ment In order to implement increased colnspectorewill be activities,__a new Minimal Housing