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HomeMy WebLinkAbout1998-02-10 Resolution RESOLUTION NO. 98-34 RESOLUTION TO ISSUE DANCING PERMIT 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 beer, liquor, or wine license/permit, to wit: One-Eyed Jakes - 18-20 S. Clinton Street It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: Norton that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this loth day of February , 19 98 ATTEST: A~/j~oved by City Attorney's Office a\danceprm.res Prepared by Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-35 RESOLUTION OF INTENT TO CONVEY A VACATED TWENTY FOOT (20') WIDE PORTION OF THE FORMER BENTON STREET RIGHT-OF-WAY BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE TO HENRY AND GRACE LINDER AND SETTING A PUBLIC HEARING FOR FEBRUARY 24, 1998. WHEREAS, the City Council is currently considering an ordinance vacating a twenty foot (20') wide portion of the former Benton Street right-of-way located adjacent to Linder Tire Service; and WHEREAS, Henry and Grace Linder own the property adjacent to this portion of the right-of- way; and WHEREAS, a portion of the Iowa River Corridor Trail has been designed along the Iowa River on property owned by Henry and Grace Linder; and WHEREAS, Henry and Grace Linder have indicated they would be willing to convey the necessary property for the trail to the City of Iowa City in exchange for the City of Iowa City conveying to them an equal amount of the former Benton Street right-of-way adjacent to their property; and WHEREAS, the City does not need this portion of the former Benton Street right-of-way to provide access to property in the area; and WHEREAS, the City will retain utility easements over the right-of-way. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following described property to Henry and Grace Linder, subject to the City reserving and retaining utility easements over the parcel and the Linders conveying to the City an approximately equal amount of property for the Iowa River Corridor Trail: Commencing at a found tack in Lead Plug at the Southwest Corner of the NW 1/4 of Section 15, T79N, R6W of the 5th P.M.: thence N 02° 51' 01" E - 582.90 feet along the West line of said NW 1/4; thence N 87° 08' 59" E - 33.00 feet to a found 3/4" pipe on the easterly Right-of-Way Line of Riverside Drive and the northerly Right-of-Way Line of Former Benton Street and the Point of Beginning; thence N 86° 54' 03" E - 297.00 feet along the northerly Right-of-Way Line of former Benton Street to a set 5/8" rebar; thence S 22° 05' 23" E - 5.33 feet to a set 5/8" rebar; then S 72° 23' 52" W - 59.72 feet Resolution No. 98-35 Page 2 to a set 5/8" rebar; thence S 86° 54' 03" W - 230.96 feet to a set 5/8" rebar; thence Northwesterly 15.75 feet along a 10.00 foot radius curve concave Northeasterly which chord bears N 47° 58' 29" W - 14.17 feet to a set 5/8" rebar on the Easterly Right-of-Way Line of Riverside Drive; thence N 02° 51' 01" W - 9.96 feet along said Easterly Right-of-Way Line to the Point of Beginning. Said tract contains 0.13 acres more or less. BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for February 24, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this loth day of February ,1998. ATTEST: C IT'~L~ RY City Attorney's Office It was moved by Thornberr.v and seconded by Nnr'tnn adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef dennis.mit\linder.doc Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-36 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF WATERFRONT DRIVE RIGHT-OF-WAY LOCATED NORTH OF STEVENS DRIVE AND IMMEDIATELY ADJACENT TO COUNTRY KITCHEN, CARLOS O'KELLY'S, CONTRACTOR'S TOOL AND SUPPLY AND ROBO CAR WASH TO THE OWNERS OF SAID ADJACENT PROPERTIES, AND SETTING A PUBLIC HEARING FOR FEBRUARY 24, 1998 WHEREAS, on January 27, 1998, the City Council held a public hearing on an ordinance vacating portions of Waterfront Drive located north of Stevens Drive and south of Highway 6 and adjacent to properties currently occupied by Country Kitchen, Carlos O'Kelly's, Contractor's Tool and Supply and Robo Car Wash; and WHEREAS, said properties, owned by Rosalie Braverman, Darrel L. and David K. Rolph, Thomae/Brogan Partners and Blackhawk Partners, respectively, either own property surrounding or adjacent to the vacated areas; and WHEREAS, pursuant to agreements in lieu of condemnation executed between the above property owners and the City, certain parcels of the vacated right-of-way are to be transferred to each of the adjacent property owners in return for temporary and permanent sanitary sewer easements acquired for the Wastewater Treatment Connection Project; and WHEREAS, the agreed upon transfers are supported by proper consideration and are in the best interests of the public; and WHEREAS, a subdivision plat has been prepared to facilitate the disposition of the appropriate, agreed upon parcels; and WHEREAS, the City does not need the vacated portions of the right-of-way to provide access to property in the area, and appropriate easements for public improvements and utilities will be retained by the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey its interest in the vacated portions of Waterfront Drive located north of Stevens Drive and south of Highway 6 and adjacent to properties currently occupied by Country Kitchen, Carlos O'Kelly's, Contractor's Tool and Supply and Robo Car Wash to Rosalie Braverman, Darrel L. and David K. Rolph, Thomae/Brogan Partners and Blackhawk Partners, as the owners of said properties, respectively. Resolution No. Page 2 98-36 A public hearing on said proposal should be and is hereby set for February 24, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 10th day of February , 1998. ATTEST: CITY-CLERK Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 98-37 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR AND LATERAL SEWERS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24th day of February, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said headng. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this loth CITY~LERK day of Februar.v ,19 98 Approved~}/~ City Attorney's Office pweng\willow~res2-98.doc Resolution No. 98-37 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319} 356-5145 RESOLUTION NO. 98-38 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 24th day of February, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th ATTEST: /~~~ ~. ~2~_/1~) CIT~2LERK It was moved by Thornberry and seconded by adopted, and upon roll call there were: day of February , 1998. App._rove~ by City Attorney's Office Norton the Resolution be AYES: X X X pwe~'~gVea\wlw~,rk 1.do~ NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Don Yucuis, Finance Director. 410 E. Washington St., Iowa City IA 52240 (319)356-5052 RESOLUTION NO. 98-39 RESOLUTION SETrING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1998, THROUGH JUNE 30, 1999, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2002. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public hearings be held in the Civic Center at 7:00 p.m., February 24, 1998, to permit any taxpayer to be heard for or against the proposed FY99 Operating Budget and the Proposed FY99-FY01 Financial Plan and also the multi-year Capital Improvements Program through Fiscal Year 2002. Passed and approved this ].0th day of Febru~.~ ,1998. ATTEST: ~¢ '~ CITYCLERK ,..~Approved , City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Nodon O'Donnell Thornberry Vanderhoef finadm\budget~pubh~.doc Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5140 RESOLUTION NO. 98-40 RESOLUTION PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT (95%) OF THE WORK UNDER THE CONTRACT FOR CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA. WHEREAS, the City of Iowa City entered into a contract with Kleiman Construction, Inc. for the construction of Contract 2 of the Wastewater Treatment Connection Project, also known as Napoleon Park Pumping Station and North Plant Improvements Project; and WHEREAS, five percent (5%) of the amount due under the contract has been retained for the payment of claims for materials and labor pursuant to Chapter 573, Code of Iowa; and WHEREAS, more than ninety-five percent (95%) of the work under the contract has been completed; and WHEREAS, Section 573.15A, Code of Iowa, provides that a public corporation may release all or part of the five percent (5%) retainage thirty (30) days after ninety-five percent (95%) of the work under the contract has been completed if no claims have been filed within said thirty (30) day period by persons or entities that have, under contract with the prime contractor or with subcontractors, performed labor or furnished materials, service or transportation in the construction of the public improvement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: The City Council hereby finds that at least ninety-five percent (95%) of the work under the contract for Contract 2 of the Wastewater Treatment connection Project, also known as Napoleon Park Pumping Station and North Plant Improvements Project, has been completed. Pursuant to Section 573.15A, Code of Iowa, the City of Iowa City intends to reduce the amount of the retainage under Chapter 573 from five percent (5%) to an amount not less than three percent (3%) thirty (30) days after this Resolution has been passed and approved unless a claim or claims are filed as provided in said Section 573.15A. Passed and approved this :t0th day of ATT EST:~:~.-/~.~ ~'. CITY'CLERK Fe~~y , 1998. ,/~pproved. b.~ City Attorney's Office pweng\res~oark.doc Resolution No. 98-40 Page 2 It was moved by Thornberr~v and seconded by adopted, and upon. roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Denny Gannon, Ass=t. City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. 98-41 RESOLUTION PROVIDING NOTICE THAT AT LEAST NINETY-FIVE PERCENT (95%) OF THE WORK UNDER THE CONTRACT FOR THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT NO. STP-U-3715(7)-70-52] HAS BEEN COMPLETED AND THAT THE CITY INTENDS TO RELEASE FUNDS RETAINED PURSUANT TO CHAPTER 573, CODE OF IOWA. WHEREAS, the City of Iowa City entered into a contract with Metro Pavers, Inc. for the construction of the Melrose Avenue Reconstruction Project, Phase II (Hawkins Drive to Byington Road) [Project No. STP-U-3715(7)--70-52]; and WHEREAS, three pement (3%) of the amount due under the contract has been retained for the payment of claims for materials and labor pursuant to Chapter 573, Code of Iowa; and WHEREAS, more than ninety-five percent (95%) of the work under the contract has been completed; and WHEREAS, Section 573.15A, Code of Iowa, provides that a public corporation may release all or part of the retainage thirty (30) days after ninety-five percent (95%) of the work under the contract has been completed if no claims have been filed within said thirty (30) day period by persons or entities that have, under contract with the prime contractor or with subcontractors, performed labor or furnished materials, service or transportation in the construction of the public improvement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: The City Council hereby finds that at least ninety-five percent (95%) of the work under the contract for the Melrose Avenue Reconstruction Project, Phase II (Hawkins Drive to Byington Road) [Project No. STP-U-3715(7)--70-52] has been completed. Pursuant to Section 573.15A, Code of Iowa, the City of Iowa City intends to reduce the amount of the retainage under Chapter 573 from three percent (3%) to an amount not less than five thousand dollars ($5,000) thirty (30) days after this Resolution has ben passed and approved unless a claim or claims are filed as provided in said Section 573.15A. Passed and approved this 10th day of ATTEST://~'~,~---~ CIT~CLERK February ,1998. City Attorney's Office pweng~res~mel r2- 98.doc Resolution No. 98-41 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City. IA 52240 319-356-5139 RESOLUTION NO, 98-42 RESOLUTION ACCEPTING THE WORK FOR MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715{6)--70-52 WHEREAS, the Engineering Division has recommended that the work for construction of the Melrose Avenue West Reconstruction Project, as included in a contract between the City of Iowa City and Streb Construction Co. of Iowa City, Iowa, dated May 23, 1996, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ]10th ATTEST: C?'~~ER K ~' ~ day of February , 1998. Approved by City Attorney's Office It was moved by Thnrnbcrry and seconded by be adopted. and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef the Resolution pwe nglresJmelrosew. doc ENGINEER'S REPORT CITY OF I0 WA CITY Janua~ 16,1998 Honorable Mayor and City Council Iowa City, Iowa RE: Melrose Avenue West Reconstruction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Melrose Avenue West Reconstruction Project has been completed in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. The project is fully operational and the required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $1,837,163.04. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-43 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT, IOWA CITY, IOWA. WHEREAS, the owner, Jeffery Maxwell, filed with the City Clerk the final plat of resubdivision of Outlot A, W.B. Development, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A", W.B. Development, Iowa City, Iowa as recorded in Book 36, at page 118, in the Office of the Johnson County Recorder. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 98-43 Page 2 Passed and approved this 10th ATTEST: day of February MAYOR City Attorney's Office ,1998. It was moved by Norton and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X X ppdad min~res\wbdev.doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF WESTPORT PLAZA, PART TWO, IOWA CITY, IOWA. WHEREAS, the Subdivider, Wisdom Development Group & Brannan and Company, on behalf of owner Charles W. Ruppert, et al, filed with the City Clerk the preliminary and final plat of the Westport Plaza, Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N89°42'40"E, along the South Line of said Southwest Quarter 492.70 feet, to its Intersection with the Southeasterly Right-of-Way Line of Iowa Highway No. 1 (One), in accordance with the Warranty Deed Recorded in Deed Book 547, at Page 203, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N36°24'25"E, along said Right-of-Way Line, 874.30 feet, to a Point 180.00 feet Radially distant Southeasterly from centerline station 134+35.2; Thence N39°48'08"E, along said Right-of-Way Line, 155.19 feet, to a Point 180.00 feet Radially distant Southeasterly from centerline station 136+00; Thence N44°00'45"E, 14.00 feet, to the Northwesterly Corner of Westport Plaza, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 289, of the Records of the Johnson County Recorder's Office; Thence S49°57'39"E, along the Southwesterly Line of said Westport Plaza, 926.91 feet, to the Southwest corner thereof, and a Point on the North Line of the Parcel Conveyed by Warranty Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson County Recorder's Office; Thence S89°42'40"W, along the North Line of said Conveyed Parcel, 38.12 feet, to the Northwest Corner thereof; Thence S00°51'23" W, along the West Line of said Conveyed Parcel, 118.84 feet, to the Northeast Corner of the Parcel Conveyed by Warranty Deed, Recorded in Deed Book 568, at Page 288, of the Records of the Johnson County Recorder's Office; Thence N81°09'33"W, along the north line of said Conveyed Parcel, 2.94 feet; Thence S34°59'00"W, along the Westerly Line of said Conveyed Parcel, 136.70 feet, to the Southwest Corner thereof, and a Point on the South Line of said Southwest Quarter; Thence S89°42'40"W, along said South Line, 1216.41 feet, to the Point of Beginning. Said Tract of Land contains 14.41 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approv. al; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision am found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attomey, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1998. ATTEST: CITY CLERK It was moved by adopted, and upon roll call them were: MAYOR ~City A~_.~ey's ~ ~ and seconded by AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdad min\re s\west po rt.doc STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0034. Westport Plaza, Part Two GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45oday limitation period: 60oday limitation period: Prepared by: Scott Kugler Date: January 15, 1998 Wisdom Development Group 410 Fayette Street Peoria, Illinois 61602 Phone: (309) 671-3860 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat approval. To create a one-lot commercial subdivision with one outlot On the southeast side of Highway 1 West, north of Sunset Street. 14.41 acres Vacant, C1-1 and I-1 North: Commercial, CC-2; East: Airport, P; South: Commercial, C1-1; West: Residential, RS-5. This property is located within the South Central Planning District. A district plan is currently being prepared for this district. Chapter 14-7, Land Subdivisions November 26, 1997 Waived to January 15, 1998 Waived 2 SPECIAL INFORMATION: Public Utilities: City sewer and water are available to the site. Public Services: Police and Fire protection will be provided by the City. Waste collection will be provided by a private hauler. Transportation: The nearest regular public transit route is the Westport route, with a stop near the Walmart store to the north. Sensitive Areas Ordinance: The property contains fully hydric soils, requiring that a wetland determination be made prior to development. If wetlands are present, a sensitive areas overlay rezoning is necessary. If wetlands are not present, a sensitive areas site plan is required. The property also contains areas within the 100 year flood plain. BACKGROUND INFORMATION: The applicant, Wisdom Development Group, is requesting a preliminary and final plat of Westport Plaza, Part Two, 14.41 acre, one-lot commercial subdivision with one outlot located on the southeast side of Highway 1 West, north of Sunset Street. Most of this parcel is location within the runway protection zone for runway 12 of the Iowa City Municipal Airport. The Airport Master Plan indicates that this area should be purchased by the Airport, and the Airport Commission has made it known that it intends to pursue this property. The area set aside as Lot 1, 2.32 acres at the south end of the parcel, is not located within the runway protection zone. The area contained within proposed Lot 1 was rezoned last year from I-1, General Industrial, to C1-1, Intensive Commercial, subject to a conditional zoning agreement (CZA) which contains provisions regarding site and building design and vehicular access. The requirements of the CZA would not be altered as a result of the approval of this plat. ANALYSIS: Revised plats were recently submitted in response to staff comments regarding a number of technical deficiencies that were identified on the initial submittal. The plats are being reviewed to ensure these items have been corrected. Staff recommends deferral pending approval of the revised plat by staff and Public Works. Prior to Council consideration of the preliminary plat, a grading plan must be approved. Prior to Council consideration of the final plat, legal papers will have to be approved. Both of these items have been submitted for review. Sensitive Areas Ordinance: According to the City's Sensitive Areas Inventory map, this property contains fully hydric soils. The Sensitive Areas Ordinance requires that a wetland determination be made when fully hydric soils are present. If wetlands are present, a sensitive areas overlay rezoning will be required. If not, a sensitive areas site plan must be submitted which illustrates the hydric soils areas and 100 year flood plain. The preliminary plat contains a note referencing the City's Sensitive Areas Inventory map which states that the property contains "hydric soils exclusive of wetlands." However, during the development of the Sensitive Areas Ordinance it was recognized that this is not necessarily the case, and that areas designated as containing fully hydric soils should be studied to determine whether wetland conditions are present. The note provided on the plat does not satisfy the wetland determination requirements of the Sensitive Areas Ordinance. When this property was rezoned in 1996 the staff report noted that a wetland determination would be necessary prior to the approval of a development permit. Given the time of year, it will likely be difficult to have this determination made during the platting process. If this plat is approved, the developer should be made aware of the fact that a wetland determination will be required prior to the granting of a building permit for the development of this lot. A sensitive areas site plan has been submitted and will be reviewed based on the assumption that no wetlands are present. This plan must be approved prior to Council consideration of the preliminary plat. However, if wetlands are present a sensitive areas overlay rezoning will be required prior to development. Vehicular Access: No new streets are being proposed as a result of the proposed subdivision. Access to lot one would come from the development to the south (Menards, NAPA). The plat contains a note prohibiting direct vehicular access from either lot to Highway 1, as does the CZA. There is a proposed easement for a potential frontage road connection across this property from Westport Plaza (Walmart) to the Dane Tract (Menards). This easement does not extend across Lot 1. However, both the plat and the above noted CZA specify that a connection through Lot 1 will be provided for within the circulation system of any development on that lot. A note referencing the CZA and its access requirements is shown on the plat. While it is unlikely that this connection will be made as long as the airport is in existence, if the airport should ever close or be relocated and this parcel be made available for development a physical connection could be made at that time. Storm Water Management: Storm water management is required for Lot 1 of this subdivision, but is being deferred for Outlot A given its limited development potential and the likelihood that the property will be purchased by the airport. When development is proposed for that lot storm water management will have to be provided. Drainage calculations for Lot 1 have been submitted and an easement for a storm water management facility is shown on the plat at the east end of Lot 1. A water main tap-on fee of 9354 per acre is required for Lot 1 of this subdivision. As with the storm water management requirements, this fee will not apply to the acreage of Outlot A. STAFF RECOMMENDATION: Staff recommends that SUB97-0034 be deferred pending review and approval of the revised preliminary and final plats. Upon staff approval of the plats, staff recommends that the request for preliminary and final plats of Westport Plaza, Part Two, a 14.41 acre, one-lot commercial subdivision with one outlot, be approved, subject to the approval of a grading plan and a sensitive areas site plan prior to City Council consideration of the preliminary plat, and subject to the approval of legal papers prior to Council consideration of the final plat. ATTACHMENTS: 1. Location map. 2. Preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development _rRS12 I, ! ! ~i~ 20 RM 44 Cl I CC 2 B~ N RS 8 P/CI I .'ST [ Illill I IL~- C'C'IJ :3L a E S ~T~ P CC 2 ',,, ~N'~) P/C11 ~ P P FEPP~ FLF k SITE LOCATION' Westport Plaza, Part Two SUB97-0034 · PLAT/PLAN ~PROVED · by City of Iowa City JAN 08 1~~ · PLAT PREPAgED BY: MM~ CONSULTAN'I~ INC. 1917 SOUTH GILBERT -qT. IOWA CITY, IOWA, 52240 ./ - / / . / I PRELIMINARY PLAT AND ; SENSITIVE AREAS SITE PLAN ;WESTPORT PLAZA - PART TWO IOWA CITY, IOWA OWNERS ~UBDIVII]k'~R'S ATTORNEY C~S W. R~P~ e~l T~O~ J. ~ 1406 DUBU~ RO~ 122 SO~H ~ S~T IOWA C~, IOW~ 52245 IOWA C~, IOW~ 52240 SUBDIVIDER 4 WI~DOM DEVI~PM~NT GROUP 41o r*m-,'~ STRUT PEORIA, ILLINOIS, 81602 STANDARD LFGFND AND NOTIS ............. PROPOSED EASEMENT L{N£3 NOTF$: NO LOTS SHALL DIRECT VI~HICULAR ACCESS ONTO HIGHWAY #1. LOCATION MAP NOT TO SCALE along the Sg, J'~welti/4y Mrle o1' leld ~J~l~M't Ftys, g~8.~l feet, ~th~ City of Io~a City WESTPORT PLAT pEk!Plt~k~n BY: ~ C91~ULTtN'l~ INC. 'JAN 0 8 19°~J '"' '~ "~ ET. ~OWA c~, ~ow~ ~4o / Final Plat PLAZA Iowa City, Iowa 8UBDIVTI~'S ATIDRNEY CHiRLES W. RUPPERT etal TI~OTh'Y J. ~ 1406 DUBUQUE ROAD 122 SOUTH LINN STREET IO~l CITY, IO~A, 52245 IOWA CITY, IOWA, 52~40 PART TWO SUBDIVI~ER 11I~DOV DEVELOPM]!INT GROUP & BRANNAN AND COMPANY 410 FA~fJ~'l'l'~ STREET PEORIA, ILL1N011S, 61802 LEGEND AND NOTES / LOT 1 ,~*~' / ,, ,~ , .~ / .,'~ ......,~ · ;~/,/ ~.~' ,?'/ /' OUTLOT 'A' The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Champi on introduced and delivered to the Clerk the Resolution hereinalter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, O'Donnell seconded the motion. The roll was AYES: Thornberry, Vanderhoef, Champion, Kubby, Lehman. Norton. O'Donnell NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-44 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law', this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $9,180,000 General Obligation Bonds for the essential corporate purpose of paying costs of the acquisition of land for streets and sewers; improvements to streets, bridges, sidewalks and public ways; the rehabilitation and improvement of city parks; the reconstruction, extension and improvement of the municipal airport; the reconstruction, improvement and repair of water works property; and the reconstruction, extension, -5- improvement and equipping of works and facilities for the collection and disposal of surface waters and streams and detention facilities, and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $9,180,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 1998. ATTEST: 10th day of February , Mayor erk -6- Whereupon, Council Member Va nderhoef introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $620,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1998, at this place. Council Member called and the vote was, Norton seconded the motion. The roll was AYES: Vanderhoef, Champion,. Kubby. Lehman. Norton O'Donnell, Thornberry NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-45 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $620,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $620,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of the library, including the HVAC system and improvements to the South Side Soccer Fields, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -7- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $620,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. 1998. PASSED AND APPROVED this 10th day of February Mayor ATTEST: -8- Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. F1 to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, Vanderhoef seconded the motion. The roll was AYES: Kubbv, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Champion NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-46 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the construction of a new Central Maintenance Facility for the Parks Division, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -9- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. 1998. PASSED AND APPROVED this loth day of February ATTEST: City Clerk PGOODRIC\122845\I\10714048 -10- March 1998 General Obligation Bond Issue - Listing of Projects. I Airport- Master Plan Improvements 2 Benton St (Ned Ashton) Park 3 Captain Irish Parkway-Phase Ill-ACT to Dodge 4 Court St Extended Phase I 5 Dodge St-Act/Old Dub Rd Intersection 6 Downtown Streetscape 7 Highway 1- Sunset Right Turn 8 Hwy 6-Left Turn at First 9 Iowa Ave. Streetscape 10 Iowa River Trail-Burlington to Napoleon Park 11 Library-HVAC 12 Montgomery/Butler House Napoleon Park Renovation including Napoleon 13 Lane 14 Parks-Central Maintenance Facility 15 River Street-Riverside to WooIf 16 South Site Soccer Fields 17 Southgate Ave. Extension 18 Sycamore S. Regional Stormwater Detention 19 Water Front Drive-N. of Southgate Ave. Willow Creek Trail-Bridge over Iowa River @ 20 Napoleon Park 21 WooIf Ave Bridge SubTotal 22 Issuance Costs Grand Total 169,517 35,000 500,000 755,000 300,000 720,000 75,000 75,000 150,000 1,429,410 208,110 64,485 500,000 700,000 1,478,200 400,000 300,000 1,166,600 200,000 200,000 969,000 10,395,322 104,678 10,500,000 Prepared by: Chuck Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 98-47 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT- PHASE I IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 17th day of March, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 24th day of March, 1998, or at such later time and place as may then be fixed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this ].0th pwengVes~penin sul.doc day of Februar.y ,1998. App,r,~jved by City Attorney's Office Resolution No. 98-47 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: O' Donne11 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS MONTGOMERY-BUTLER HOUSE STABILIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 4th day of February, 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened at 3:30 p.m. on the 4th day of February, 1998 by the Director of Planning & Community Development or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 10th day of February, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: The stabilization of the historic Montgom- ery-Butler House, including repairs to the roof structure, protection of the building from the weather, and securing the build- ing. All work is to be done in strict compliance with the plans and specifications prepared by the architects, Susan L. Licht, AIA, and John F. Shaw, AIA, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred pement (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims AF-1 and damages of any kind caused directly or indirectly by the operation of the contract, and shall also warrantee the work on the improvement for a pedod of one (1) year from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 60 (sixty) days Specified Start Date: after February 10, 1998, upon execution of a contract with the City. The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk and at the following locations: 1) Office of the architect, Susan L. Licht, 505 E. Washington St., Suite 103, Iowa City, IA 52240, 2) Construction Update Plan Room, 5850 6th St., SW, Cedar Rapids, tA 52404, and 3) F.W. Dodge Company, 1910 East Kimberly Road, Davenport, IA 52807. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Architect, Susan L, Licht, 505 E. Washington St., Suite 103, Iowa City, IA 52240, by prequalified, bona fide bidders (call in advance: (319) 338-7188). Prequalification forms can also be obtained at the Office of the Architect. A $50 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Susan L. Licht. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK ppdadmin~m butac~b.doc AF-2 Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5243 RESOLUTION NO. 98-48 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE MONTGOMERY-BUTLER HOUSE STABILIZATION PROJECT. WHEREAS, D. W. Robinson Builder, Inc. has submitted the lowest responsible bid of $22,692.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to D. W. Robinson Builder, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 10th ATTEST: CiT~LERK -~- ~~) It was moved by Thornberry and seconded by adopted, and upon roll call there were: day of February , 19 98 Vanderh0ef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin\res\butlcon.doc ADVERTISEMENT FOR BIDS CAPTAIN IRISH PARKWAY PHASE I IMPROVFMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. onthe ,~th day of February , 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 10th day of Febmaw , 1998, or at such later time and place as may then be scheduled. The Project will involve the following: 1. Construction of approximately 3,400 lineal feet of arterial roadway improvements for Phase 1 of the Captain Idsh Parkway. 2. Construction of a new signalized intersection for Captain Irish Parkway and North Dodge Street (iowa Highway 1). 3. Reconstruction of approximately 1,200 lineal feet of North Dodge Street from two lanes to five lanes with median islands. The work included is clearing and grubbing, topsoil stripping, stockpiling and respreading, roadway embankment construction, pavement removals, culverts, storm sewers, intakes, sanitary sewer relocation, water main improvements, granular sub-base, longitudinal subdrains, P.C. concrete pavements, traffic signal system, pavement marking and signage, finish grading, fertilizing, seeding, mulching, refencing, landscape plantings, erosion control systems, temporary traffic control and all related incidentals. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one contain- ing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter AF-1 into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed forty-five (45) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) to five (5) years, as specified, from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 120 Specified Start Date: Aoril 1, 1998 Liquidated Damages: $200.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $1..00.00 plan deposit fee with $40.00 refundable is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Engineers. A Pre-Bid Conference for prospective bidders will be held at the Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa, on Thursday. January 29 , 1998 at 10:30 a.m. Bidders are encouraged to attend to meet with the design engineer and city representatives to discuss project requirements. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). AF-2 The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantifies, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 Prepared by: Chuck Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 319-356-5141 RESOLUTION NO. 98-49 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $2,357,399.75 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. ., The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 10th day of February , 1998. ATTEST: ClT~~LE~K ' City Attorney's Office It was moved by Th0rnberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/caplain .doc Prepared by: Denny Gannon, Asst. City Eng., 410 E. Washington St., Iowa City, IA 52240 {319) 356-5142 RESOLUTION NO. 98-50 RESOLUTION RENAMING A STREET LENZ COURT. WHEREAS, a private street on Lot 4 of Saddlbebrook Addition, Part I was named Chestnut Court; and WHEREAS, it has been determined that a street by that name already exists; and WHEREAS, it has been requested that Chestnut Court in Lot 4 of Saddlebrook Addition, Part 1 be renamed Lenz Court; and WHEREAS, City Council approved a revised final site plan of Lots 3 and 4, Saddlebrook Addition, Part 1 on March 18, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said street be renamed Lenz Court. Passed and approved this 10th day of Februar~v , 1 998. MAYOR CITY~LERK It was moved by Champion and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\lenzct.doc Prepared by: Ron Boose, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 356-5122 RESOLUTION NO. 98-51 RESOLUTION ESTABLISHING A FEE FOR FOUNDATION PERMITS WHEREAS, the Iowa City Building Code allows for the issuance of a permit for construction of part of a building before plans for the entire building have been submitted or approved; and WHEREAS, the Home Builders Association of Iowa City has requested that the City Building Inspection Division issue foundation permits in order to expedite the permitting process for one and two family dwellings; and WHEREAS, a separate permit and fee would best serve to expedite foundation permits for one and two family dwellings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that foundation permits may be granted pursuant to the Iowa City Building Code and that the following fees be adopted for the aforementioned service: FOUNDATION PERMIT FEES A fee of $75.00 for the issuance of a foundation permit for a one or two family dwelling. This fee is separate from and in addition to all other permit fees associated with the project. Passed and approved this [0th day of February ,1998. City Attorney's Office hisadmin\res',fou ndres.doc Resolution No. 98-51 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef C~rT¥ o,~ ,~o u,',~ Date: February 5, 1998 To: From: Re: MEMORANDUM Mayor Lehman and members of City Council Ron Boose, Senior Building Inspector ~1~'~ Foundation permits The Iowa City Building Code allows the Building Official to issue a permit for construction of part of a building before the plans for the whole building have been submitted and approved. The most common application of this provision is foundation permits. The Building Inspection Division used to issue foundation permits upon request but ceased this practice about six years ago due to increased problems arising with partial permits. The most common problem was continuation of the project beyond the foundation without securing the additional permits. There were also a few instances where the foundation was installed and the project was then abandoned for an unacceptable period of time. The Home Builders Association of Iowa City has requested and we have agreed to once again issue foundation permits to expedite the start of "fast track" projects. We have discussed the past problems with representatives of HBA and advised them that we will closely monitor the situation and revisit this issue if past problems are again occurring with any frequency. The most expedient way for us to achieve this for one and two family dwellings is with a separate foundation permit with a flat fee. This approach will also cause the least distortion in the accuracy of our monthly reports of building statistics. The proposed fee of $75.00 was derived by averaging the additional costs of separate permits for a foundation and a house for homes in different price ranges) We expect to be able to issue the vast majority of foundation permits for one and two family dwellings within 24 hours of application. Foundation permits for all projects except one and two family dwellings will be handled as separate building permits. The actual value of the foundation work will be used to compute the cost of the permit just as it is for all other building permits. Since these larger projects must go through the site plan review process before any permit can be issued, the time frame for issuance of a foundation permit is expanded. Therefore the additional time required to calculate the permit fee based on the value of the work should not be a factor. In addition, since there are a fewer number of these larger projects, the extra work required to maintain the accuracy of our monthly statistics will be kept to a minimum. ~ For example the building permit fee for a $150,000 house is $656. The building permit for a $15,000 foundation is $136 and the fee for a $135,000 house is $611. In this case it would cost the applicant $91 extra for two separate permits. Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-52 RESOLUTION ESTABLISHING CONDITIONS FOR THE REMOVAL OF CITY BOARD AND COMMISSION MEMBERS FOR JUST CAUSE WHEREAS, Article 5, Section 5.02 of the City Charter requires that the removal of a member of a City Board or Commission be for "just cause" consistent with state law; and WHEREAS, the City Council has determined that a misrepresentation on the application for appointment will constitute "just cause" for the removal of an appointee; and WHEREAS, the City Council has determined that removal of an appointee for any other reason will be made on a case-by-case basis in accordance with local, state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Misrepresentation on the application form for appointment to a City Board or Commission will constitute "just cause" for the removal of an appointee, and will allow the City Council to exercise its discretion under Article 5 of the City Charter to remove the member who has made the misrepresentation. 2. A statement be added to the application form that misrepresentations on the application will constitute "just cause" for removal of an appointee. 3. The determination of whether any other circumstance constitutes "just cause" for the removal of a member from a Board or Commission shall be made on a case-by-case basis consistent with local, state and federal law. Passed and approved this 10th ATTEST:c i~~RK 7~. :~,_.~ day of February MAYOR ,1998. City Attorney's Office eleanor~boardres.doc Resolution No. 98-52 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0' Donne11 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef