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HomeMy WebLinkAbout1998-07-07 ResolutionRESOLUTION NO. 98-219 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: Holiday Inn, Iowa City - 210 S. Dubuque Street Vito's - 118 E. College Street The Green Room - 509 S. Gilbert Street It was moved by Thornberry and seconded by as read be adopted, and upon roll call there were: Vanderhoef that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 7th day of July , 19 98 . City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-220 RESOLUTION TO ISSUE CIGARE'I'rE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Ellers - 1575 First Avenue Grizzly's - 1208 Highland Court Third Coast - 116 E. Passed and approved this 7th Washington Street day of Approved by ATTEST: C~ ~' City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x X X X X X x Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~agperm.doc Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 98-221 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC. D/B/A BLIMPIE AND UNCOMMON GROUNDS. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Out to Lunch, Inc. d/b/a Blimpie and Uncommon Grounds applied for temporary use of the public right-of-way at I 18 S. Dubuque Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 7th day of Jul,v , 1998. ATTEST: CiT~C~LE~ ~. City Attorney's Office clerk~avahs.res Resolution No. 98-221 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be City of Iowa City MEMORANDUM Date: June 26, 1998 To: Design Review Committee From: Jim Schoenfelder, Staff Assistant Re: Sidewalk Caf~ at 118 South Dubuque Street (Uncommon Grounds & Blimpie) Out to Lunch, Inc. has submitted a renewal application for a sidewalk caf~ at 118 South Dubuque Street (Uncommon Grounds & Blimpie). The sidewalk caf~ ordinance requires that the design of sidewalk cafes be subject to design review process of the Design Review Ordinance. The applicant has verbally indicated that the design of the caf~ is substantially the same as the design approved last year. The Committee has indicated that if the design of a caf~ is substantially the same as a previously approved design, the Committee does not need to review a renewal application. Therefore, the Committee will not be reviewing this application. CC: Laurie Tulchin City Clerk ecodev\memos\sidewalk .doc Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 98-222 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN - PENINSULA PROPERTY PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Water Main - Peninsula Property Project as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated February 24, 1998, 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 7th day of July , 19 98 ATTEST:~ ~. ~ Approved by City Attorney's Office pweng\res\peninsla .doc Resolution No. 98-222 Page 2 It was moved by Th0rnberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: ,Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be ENGINEER'S REPORT CITY OF I0 WA CITY June 5, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Water Main - Peninsula Property Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Water Main - Peninsula Property Project has been completed by Maxwell Construction, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Howard R. Green Co. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $229,404.60. I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~harles S~hmadeke, P.E. Public Works Director 410 EAST WASHINGTON STREET , IOWA CITY, IOWA 52240-1826 , (319) 356-5000 * FAX (319) 356-5009 Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 98-223 RESOLUTION ACCEPTING THE WORK FOR THE TRUNK SEWER PROJECT SCOTT BOULEVARD WHEREAS, the Engineering Division has recommended that the work for construction of the Scott Boulevard Trunk Sewer Project, as included in a contract between the City of Iowa City and Barbaross and Sons, Inc. of Osseo, MN, dated July 15, 1997, 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 7t.h day of ~]uly , 19 98 ATTEST: Approved by C,ty Attorn~y'~s' ffice ~ oO~'~Z~ ~) o ¢} oO It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes',sctrkswr.doc CITY OF I0 WA CITY ENGINEER'S REPORT July 2, 1998 Honorable Mayor and City Council Iowa City, Iowa RE: Scott Boulevard Trunk Sewer Dear Honorable Mayor and Councilpersons: I Hereby certify that the construction of the Scott Boulevard Trunk Sewer has been completed by Barbarossa & Sons, Inc. of Osseo, Minnesota in substantial accordance with the plans and specifications prepared by MMS Consultants of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's Office. The final construction cost is $1,971,848.78. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Charles Schmadeke Public Works Director 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 336-5000 · FAX (319) 356-5009 Prepared by: Terry Trueblood, Parks & Rec., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL 'AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. WHEREAS, the Engineering Division has recommended that the work for replacement of two sections of the Civic Center roof, as included in a contract between the City of Iowa City and Maintenance Associates of Marion, Iowa, dated September 9, 1997, 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 day of , 19 MAYOR Approved by ATTEST: CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVesVoof-cc.doc Prepared by: Liz Osborne, Housing Rehab., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-224 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE IN THE FORM OF A TEN-YEAR DEPRECIATION LIEN, A LIFE LIEN, A REHABILITATION AGREEMENT, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 841 7TM AVENUE, IOWA CITY, IOWA WHEREAS, on June 7, 1989 the property owner of 841 7th Avenue, executed a Promissory Note in the form of a ten-year Depreciation Lien for the amount of $8,500, and on June 2, 1993 a Life Lien for the amount of $7,708, and on July 17, 1995 a Rehabilitation Agreement, a no- interest five-year Promissory Note and a Mortgage for the amount of $1,650 through the City's Housing Rehabilitation Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, on November 11, 1997, the property owner passed away; and WHEREAS, the balance of the ten-year Depreciation Lien is $850.00; and WHEREAS, the balance of the Life Lien is $7,708; and WHEREAS, the balance of the no-interest five-year Promissory Note is $1058.28; and WHEREAS, the total lien amount is $9,616.28 which has been refinanced in the form of a Conditional Occupancy Loan to a relative of the former owner; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 841 7th Avenue, Iowa City, Iowa from the Life Lien recorded on July 29, 1993 in Book 1589 Page 241, the Promissory Note recorded on October 25, 1994, in Book 1828 Page 101 through Page 102, and the Rehabilitation Agreement, Promissory Note and Mortgage recorded on September 13, 1995 in Book 1967 Page 284 through 295 of the Johnson County Recorder's Office. Passed and approved this 7th day of Ju'ly ,1998. ATTEST:~K~ ~ ppdrehab/res/84 1-7th .doc Approved by i y orney's 0 ~ce Resolution No. 98-224 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 841 7th Avenue, Iowa City, Iowa, and legally described as follows: Lot 12, Block 13, in Rundell, Johnson 'County, Iowa, according to the plat thereof, from an obligation of the property owner, Louise H. Vermace, to the City of Iowa City in the total amount of ~9,616.28 represented by the Life Lien recorded on July 29, 1993 in book 1589 Page 241, and the Promissory Note recorded on October 25, 1994, in Book 1828 Page 101 through Page 102, and the Rehabilitation Agreement, Promissory Note, and Mortgage recorded on September 13, 1995 in Book 1967 Page 284 through Page 295 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: ~ 7~- City Attorney's Offic~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7//L day of -5 c~/ , A.D. 19 9F~ , before me, the under- signed, a Notary Public in and for 2-')aid County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City ~ou;a~il, as co_~.ntained in Resolution No. ~-~2Zf, adopted by the City Council on the 7 y ~-I, , 19 9~ and that the said Ernest W. Lehman and Marian K. Karr as such o~cers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/841-Tth.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5246 RESOLUTION NO. 98-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING MORTGAGE FOR THE PROPERTY LOCATED AT 304 DOUGLASS COURT, IOWA CITY, IOWA. WHEREAS, on January 4, 1996, the property owners of 304 Douglass Court executed a Mortgage in the amount of 91,527.50 through the City's Emergency Rehabilitation Program, and WHEREAS, this document created a lien against the property; and WHEREAS, only 91 ,411.00 was spent; and WHEREAS, the note was paid off on June 30, 1998 in the amount of 91,481.55 which includes a one time 5% interest charge; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 304 Douglass Court, Iowa City, Iowa from the Mortgage recorded on January 17, 1996 in Book 2022, Page 141 through Page 145 of the Johnson County Recorder's Office. Passed and approved this 7th ATTEST:Ci~LE~~RK dayof ~lu]y ,1998. Approved by It was moved by Tho~'nbe~'r,y and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be ppdrehab/res/304dougl.doc AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 304 Douglass Court, Iowa City, Iowa, and legally described as follows: Lot Twenty-Four (24), Wise Addition to Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the property owners, Joel R. and Celia H. Clark, to the bity of Iowa City in the principal amount of $1,527.50 represented by an Emergency Rehabilitation Lien recorded on January 17, 1996 in Book 2022 Page 141 through Page 145 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: Approved by City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) · ~_ On this ? day of -':3'~ , A.D. 19 75 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~5-~-~,5, adopted by the City Council on the 7 ~' day c~c '~'.L~ , 19 9~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/304dougl.doc Notary Public in and for Johnson County, Iowa Prepared by: Rick Fosse, 410 E. Washington St., Iowa City, IA 52240, (319)356-5143 RESOLUTION NO. 98-226 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE I OF THE NORTH RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER 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 28th day of July, 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 headng 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. 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 7th day of July ,19 98 · City Attorney's Office It was moved by Tho~'nber'~'.y and seconded by adopted, and upon roll call there were: pwengVes~arts3.doc Vander'hoef the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-227 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF SECOND AVENUE COURT RIGHT-OF-WAY LOCATED NORTH OF MUSCATINE AVENUE AND WEST OF FIRST AVENUE TO THE PLACE/COMMERCIAL REAL ESTATE, THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OI~ ALL ABUTTING PROPERTIES, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JULY 28, 1998 WHEREAS, On July 7, 1998, the City Council held a public hearing on an ordinance vacating portions of Second Avenue Court located north of Muscatine Avenue and west of First Avenue for the purpose of facilitating redevelopment of the adjacent properties; and WHEREAS, Said adjacent properties are currently being acquired by The Place/Commercial Real Estate, the developer, for said redevelopment; and WHEREAS, the developer has offered the sum of $36,800 for the 6400 square foot parcel ($5.75 per square foot), which is consistent with recent valuations for City public works projects acquisitions in the area; and WHEREAS, as additional consideration for the vacation and conveyance of the subject property, the developer has agreed to certain additional conditions on the redevelopment of the site, which conditions are designed to satisfy public needs and negative externalities directly associated with the redevelopment of the subject property; and WHEREAS, with the redevelopment of the subject property, the City will not need the vacated portions of the right-of-way to provide access to property in the area; and WHEREAS, the redevelopment of the subject property is in the public interest. 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 portion of Second Avenue Court located north of Muscatine Avenue and west of First Avenue to The Place/Commercial Real Estate, for the purpose of facilitating redevelop- ment of the adjacent properties, for the sum of $36,800. A public hearing on said proposal should be and is hereby set for July 28, 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. Resolution No. 98-227 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 7th day of July , 1998. ATTEST: RESOLUTION NO. 98-228 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLECTOR WELLS - LOWER TERMINUS 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 arid 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: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. o 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 11TM day of August, 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. Award may be made at a special meeting of the City Council of Iowa City but no later than the regular scheduled meeting of August 25, 1998. Passed and approved this 7th day of July ,19 98 A'FI'EST:Ci, i~E~K2) ,~..~,,f.,-f .,) City Attorney's Office pweng\res~lwrterm.doc Resolution No. 98-228 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Kubby 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, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 98-229 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR, THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE I IMPROVEMENTS. WHEREAS, All-American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible bid of ~599,524.30 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 All-American Concrete, 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 7th day of July , 19 98 ATTEST: C~ ~' ~'J It was moved by Norton and seconded by adopted, and upon roll call there were: City Attorney's Office '7- '~- ~ (~ Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef pwengVes~downscap.doc Date: To: From: Re: City of Iowa City MEMORANDUM July 6, 1998 City Manager and City Council Rob Winstead 1~/ Award of the Iowa City Downtown Streetscape, Phase 1 Project Four bids were received on July 2, 1998 for Phase 1 of the Downtown Streetscape Project. Each bidder supplied prices for the following alternates: A. Project with one kiosk. B. Project with two posting pillars. C. Project with concrete planters. D. Project with limestone planters. E. Project with aluminum light poles rather than cast iron. Any combination of the above including either C (concrete planters) or D (limestone planters) can be selected. Staff recommends accepting only alternate D, "Project with limestone planters" for the following reasons: Prices for A, "one kiosk" and B, "two posting pillars" exceed the cost estimate by more than 200%. These items can be fabricated and installed during Phase 2 when an "economy of scale" price decrease is expected. Phase 2 will include five kiosks and six posting pillars. The $10,000 cost savings for aluminum light poles rather than cast iron does not justify the expected reduced durability and increased maintenance costs. The downtown area experiences heavy use and justifies heavy duty furnishings. The $31,000 cost increase for limestone planters projects to approximately $150,000 for the whole project. Staff recommends selecting limestone rather than concrete for the following reasons: a) Better long term durability and aesthetics. b) Faster to construct. There is a 30-day waiting period after a concrete wall is constructed until it can be stained to look like limestone. Backfilling, brick replacement and landscaping cannot occur until the staining process has been completed. c) Limestone installation is not as complicated as pouring a colored concrete wall. A simpler process will likely produce a good finished product. d) Staff anticipates lower and less specialized future maintenance costs with limestone. The revised agenda item, comment and resolution (attached) reflects Staff's recommendation. Prepared by: Rob Winstead, St. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZIN( TO SIGN AND CITY CLERK TO ATTEST CONTRAC CONSTRUCTION OF THE IOWA CITY DOWNTOWN '~'PHASE I IMPROVEMENTS. FOR THE WHEREAS, All-American Concrete, Inc. of West Liberty, responsible bid of (~599,524.30 for the construction of the NOW, THEREFORE, IT RESOLVED BY THE CITY IOWA, THAT: has submitted the lowest project. OF THE CITY OF IOWA CITY, That the contract to All-American performance and program statements. the construction of :e, Inc. subject to ,nt bond, project is hereby awarded condition that awardee secure adequate certificates, and contract compliance The Mayor is hereby the construction of the secure adequate performance an~ compliance program statements. and the City Clerk to attest the contract for project, subject to the condition that awardee fment bond, insurance certificates, and contract Passed and approved this da, ,19 / ATTEST: CITY CLERK / / It was moved by .;"' / adopted, and upon roll/call there ,/ were: NAYS: pweng~res~ownscap.doc MAYOR and seconded by ABSENT: Approved by C~y Attorney's Office  the Resolution be Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS PHASE I IOWA CITY DOWNTOWN STREETSCAPE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 2~" day of July, 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 Engineer. 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 7'" day of July, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: · Streetscape and lighting improvements for the Downtown Iowa City Area including street lighting, pavement replacement, site furnishings, and landscaping. All work is to be done in stdct compliance with the plans and specifications prepared by BRW, Inc., of Minneapolis, Minnesota, 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 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 into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance 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 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 TWO year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 55 Specified Start Date: July 21, 1998 Liquidated Damages: $500 per day Incentives: $500/day for completion of project before 55 day work schedule for a maximum of 3% of the project AF-1 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 Richard Fosse, City Engineer, Iowa City, Iowa, by bona fide bidders. A $50 non-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 the City of Iowa City, Iowa. 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 subcontract. This list shall include the type of work and approximate subcontract amount(s). 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 fumish 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. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 319-356- 5141 RESOLUTION NO. 98-230 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE FUTURE CONSTRUCTION OF THE WILLOW CREEK TRAIL PROJECT ALONG THE ROUTE OF THE WILLOW CREEK INTERCEPTOR SEWER. WHEREAS, the City of Iowa City desires to construct the Willow Creek Trail Project ("Project") which includes a trail along the Willow Creek Interceptor Sewer; and WHEREAS, the City Council has determined that the future construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City has determined the location of a portion of the proposed Project should be along the Willow Creek Interceptor Sewer; and WHEREAS, along the route of said sewer project property acquisition for said trail project should occur simultaneously with property acquisition for said sewer project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of that portion of the future Willow Creek Trail Project that runs along the route of the Willow Creek Interceptor Sewer ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 4. In the event the necessary property rights for the Project cannot be acquired by Resolution No. 98-230 Page 2 negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 7th day of J u 1 y ,1998, ATTEST: C~ ~' ~ rove ~ City Attorney's Office It was moved by Kubby adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Norton the Resolution be pweng\res\wiltraiLdoc Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-231 RESOLUTION RATIFYING THE SE'I'I'LEMENT OF PENDING LITIGATION. WHEREAS, Catherine M. Pfab filed a lawsuit against the City of Iowa City for injuries and damages she sustained on March 19, 1995, when she tripped and fell on a City sidewalk; and WHEREAS, all padies in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Catherine M. Pfab in the amount of $60,000 in full satisfaction of any and all claims she may have against the City in the above matter, and in consideration of Catherine M. Pfab's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session, it is hereby ratified, for the total sum of $60,000, payable to Catherine M. Pfab and her attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, .ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Catherine M. Pfab's execution of an appropriate release. Passed and approved this 7th ATTEST:C~ ~ day of July, 1998. Approved by City Attorney's Office It was moved by Kubb.y adopted, and upon roll call there were: andy/res/phab.doc and seconded by Tho~'nberr.y the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry × Vanderhoef