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HomeMy WebLinkAbout1995-08-15 ResolutionRESOLUTION NO. 95-235 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: The Field House - 111E. College Street The Highlander Inn - 2525 N. Dodge St. It was moved by Kubb¥ and seconded by as read be adopted, and upon roll callthere were: Lehman AYES: NAYS: ABSENT: X X X X -X that the Resolution Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 15th day of ATTEST: ~~2 CITY-CLERK August , t995 , \danceprm.res RESOLUTION NO.. 95-236 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL FY95 CELL CONSTRUGTION PROJECT. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Construction of a new landfill cell as constructed by J,B. Holland Construction, Inc. of Decorah, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 15th day of August , 1995. Approved by ' ~ CITY'CLERK -"C~-ty Attorney s Office It was moved by Kubby and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ~ Baker x Horowitz X Kubby X Lehman x Novick ~ Pigott x Throgmorton SHIVE-HATTERY I:NGINEEFIS AND ARCHITECTS, 2122 ACT Circle ,, Iowa City, IA 52245-9581 · (319) 354-3040 · FAX (319) 354-6921 July 18, 1995 ATTN: Mr. Daniel Scott City of Iowa City, Engineering Division 410 East Washington Street Iowa City, Iowa 52240 RE: Iowa City Landfill FY95 Cell Construction Dear Mr. Scoff: Based on observed flow from the north and south FY95 leachate collection lines and review of a video-tape of the interior of each pipe, it appears both pipes are free of significant obstructions and the cell is draining. Attached is a copy of the DNR approval letter received by fax July 17, 1995, granting the City permission to use the FY95 cell for solid waste disposal once the temporary leachate pumping system is stabilized and connected to discharge into the leachate storage lagoon. Attached is the final pay estimate from JB Holland Construction. We recommend the project be accepted as complete by the City and use of the FY95 cell for waste disposal at the discretion of the City. If you have any questions or require additional information, please feel free to call. Sincerely, SHIVE-HA'FrERY ENGINEERS AND ARCHITECTS, inc. Howard Scott Byram, P.E. Environmental Engineer HSB/sla Enc. 194172-0 CIVIL ' MECHANICAL ' ELECTRICAL ' STRUCTURAL ' INOUSTRIAL ' ENVIRONMENTAL ' TRANSPORTATION ' SURVEYING ROOF ' ARCHITECTURE ' SPACE PLANNING ' MASTER PLANNING CITY OF I0 WA CITY ENGINEER'S REPORT August 8, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Landfill FY95 Cell Construction Dear Honorable Mayor and Councilpersons: 1 hereby certify that the construction of the Iowa City Landfill FY95 Cell Construction Project has been completed in substantial accordance with the plans and specifications prepared by Shive-Hattery Engineers and Architects of Iowa City. The required maintenance bond is on file in the Cit3, Clerk's Office. The final contract price is $954,205.75 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard'A. Fosse, P.E. City Engineer c:\pwkstaff~ds~fy95ceU,er 410 £AST WASIflNGTON STREET · IOWA CITY. IOWA $2140-1826 e I319) 356-$000 · FAX (.119) 356-~009 RESOLUTION NO. 95-237 RESOLUTION ACCEPTING THE WORK FOR THE NORTH SUMMIT ALLEY EMBANKMENT IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the North Summit Alley Embankment Improvement Project between the City of Iowa City and Kingiron Construction Co. of Iowa City, Iowa, dated April 25, 1995, be accepted and WHEREAS, there are no performance and payment bonds to be 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 15th day of August , 1995. CITY-CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: x X x x x ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF IOWA CITY ENGINEER'S REPORT August 8, 1995 Honorable Mayor and City Council Iowa City, Iowa Re: North Summit Alley Embankment Improvement Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the North Summit Alley Embankment Improvement Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. There is required performance and payment bond for this project. The final contract price is $19,246.36. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ,~ _ R~char4/A. Fosse, P.E. City Engineer c:\pwMx a[~dAsummit.er 410 EAST WASHINGTON STREET * IOWA CITY. IOWA $22a0-1826 · (3191 J$6-5000 · FAX (319) 356-5009 RESOLUTION NO, 95-238 RESOLUTION ACCEPTING THE WORK FOR MALDEN LANE PEDESTRIAN BRIDGE PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Maiden Lane Pedestrian Bridge Project as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, Inc., of Washington, Iowa, dated July 21, 1994, be accepted and WHEREAS, the performance and payment bond have 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 15th .day of August , 1995 CiTY-CLERK Approved by It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X x x X x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng~maidbdd.ms CITY OF I0 WA CITY ENGINEER'S REPORT August 8, 1995 RE: Maiden Lane Pedestrian Bridge Project I hereby certify that the construction of the Malden Lane Pedestrian Bridge Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City, The final contract price is $105,017.40 I recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, ~ichard A. Fosse, P.E. City Enginser. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) City of Iowa City MEMORANDUM DATE: August 8, 1995 TO: Steve Atkins, City Manager FROM: Rick Fosse, City Engineer ~J~ RE: Maiden Lane Pedestrian Bridge The Malden Lane Pedestrian Bridge is on the Council Agenda for approval August 15, 1995. As we have discussed, the west beam had a number of stress cracks that occurred when the beam was removed from the form in which it was cast. Although the cracks pose no threat to the stability of the bridge, they are a cosmetic concern. The cracks have been patched in a similar manner that repairs were made the Chauncey Swan Parking Facility prior to accepting that structure. Such repairs to architectural concrete are common, however because of the number of repairs on the west beam, I felt it necessary to secure extended maintenance for the bridge. We have a letter from the President of Iowa Prestressed Concrete, Inc. guaranteeing the repairs for a period of 10 years. We also have a two year maintenance bond on the bridge. If the repairs perform poorly during the two year period, it may be an indication of long term maintenance problems, and we could still require replacement of the beams. cc: Chuck Schmadeke hoerrahe' -!aaand June 9, 1995 Mr. Rick Fosse P.E. City Engineer Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Malden Lane Pedestrian Bridge Dear Rick: I have reviewed the Maiden Lane Project and found items to be completed as indicated in the plans and specifications. The ownership of two timbers on the north side of the creek and one on the south was brought up with Dick Sojka. He will investigate this issue and remove as necessary. To prevent or limit non-authorized vehicular traffic on the bridge, we would suggest that some form of directional barrier or bollards be installed. Also attached is the final Change Order for pile splices and joint material. These items had not been previously addressed and are items that have been performed. To clarify on Change Order No.2; Dick Sojka's letter of March 16, 1995 omitted the deduction for splice boxes in the approach slabs, but this is clarified in the quote from Kober Electric. The mention of junction boxes in the memo referred to connection points between the conduits under the bridge. I continue to gather data on the issue of efflorescence and will report to you as soon as possible. Sincerely yours, SHO AKER - AND Rob6rt A. Bang, P.E. PROFESSIONAL ENGINEERS RAB:sb Enclosure (1) 180 Holiday Road Corelville, Iowo ~241 Phone 9119-3151-7~1550 ~:O21 Main Street Keokuk, Iowa 528:32 Phone 31 9-5;:4-288:3 RESOLUTION NO. 95-239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 626 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on May 20, 1991, the property owner of 626 Oakland Avenue, executed a no- interest Life Lien in the amount of ~ 14,300 through the City's Housing Rehabilitation Program; and WHEREAS, said Life Lien created a lien against the subject property; and WHEREAS, the property owner paid off the loan of 814,300 on July 31, 1995. 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 626 Oakland Avenue, Iowa City, Iowa, from an obligation to pay to the City the $14,300 which was recorded in Book 1235, Pages 125-127, of the Johnson County Recorder's Office. Passed and approved this ]Sth day of August ,1995. ATTEST:,~,~ CIT~CLERK Ci~rr~y's Office It was moved by Kubby and seconded by Lehman adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Horowitz x Kubby X Lehman X Novick x Pigott X Throgmorton ppdrehab\626oakld.res the Resolution be RELEASE OF LiEN The City of iowa City does hereby release the property at 626 Oakland Avenue, Street, Iowa City, Iowa, legally described as follows: Lot 10 in Block 2 in Rundell, Johnson County, Iowa, according to the recorded plat thereof, from an obligation of the property owner to the City of Iowa City in the principal amount of $14,300 represented by a no-interest Life Lien recorded in the Office of the Johnson County Recorder's Office on May 29, 1991, in Book 1235, Pages 125-127. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said pdor recorded documents. THE CITY OF IOWA CITY ATTEST: / Ivlayor ~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 15th day of August , A.D. 19 95 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz 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 Resolution No. 95-239adopted by the City Council on the ~.5thday August ,19__9-~ and that the said Susan M. Horowitz and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them volu~adly executed. Johnson Coun y, Iowa ppdmhab:626oaXld,rel RESOLUTION NO. 95-240 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 72- 95, 137, 138, AND 157-174 FOR WHISPERING MEADOWS PART 2 SUBDIVI- SION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for lots 72-95, 137, 138, and 157-174 for Whispering Meadows Part 2 Subdivision as constructed by CB Development Ltd. of Iowa City, Iowa. Paving improvements for lots 72-95, 137, 138, and 157-174 for Whispering Meadows Part 2 Subdivision as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed; and WHEREAS, portions of the above-mentioned storm and sanitary sewer were constructed below the minimum required grade required by the City of Iowa City Design Standards; and WHEREAS, requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste and should not be required until their performance can be evaluated by the City; and WHEREAS, the Public Works Department has inspected and reviewed the below-minhnum grade storm and sanitary sewer lines, and recommends acceptance conditioned upon the developer assuming financial responsibility for the reconstruction of the below minimum grade storm and sanitary sewer lines if the Public Works Department certifies that they are failing to perform satisfactorily; and WHEREAS, an agreement has been negotiated between the City of Iowa City and CB Development, Ltd. ("Developer"), wherein the Developer has agreed to assume the financial and actual repair responsibilities, and C.B. Development Ltd. has provided adequate security to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: It is in the public interest to accept the public improvements and to accept the storm and sanitary sewer systems under the terms and conditions of the Conditional Acceptance Agreement, as the City's interests are adequately protected. Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Resolution No. 95-240 Page 2 The Mayor is hereby authorized to execute and the City Clerk to attest the Conditional Acceptance Agreement, a copy of which is attached hereto. Passed and approved this ]Srh day of August ,1995. CITY'CLERK it was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng\whisper.res AGREEMENT BETWEEN C.B. DEVELOPMENT LTD. (DEVELOPER), BOB BARKER, CAROL BARKER AND CITY OF IOWA CITY (CITY) FOR CONDITIONAL ACCEPTANCE OF WHISPERING MEADOWS SUBDIVISION PART 2, PHASE 1, STORM SEWER AND SANITARY SEWER WHEREAS, the Whispering Meadows Subdivision Part 2, Phase 1, storm sewer and sanitary sewer includes all lines constructed as of May 30, 1995, for lots 72-97, 136-138, and 157- 174, and WHEREAS, portions of the above mentioned storm and sanitary sewer were constructed below the minimum required grade required by the City of Iowa City Design Standards, and WHEREAS, MMS Consultants Inc. has provided the City with storm sewer calculations showing the as-built storm sewer system contains sufficient capacity for a 5-year storm, and WHEREAS, the storm and sanitary sewer system, as-built below minimum grade, has the potential to result in excessive flooding, the failure of the system to convey a 5-year storm runoff, accumulation of sediments and other solids, increased maintenance efforts, presence of odors, presence of hydrogen sulfide, and other problems associated with low grade pipes, and WHEREAS, requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste and should not be required until their performance can be evaluated by the City, and WHEREAS, the Public Works Department has inspected and reviewed the below-minimum grade storm and sanitary sewer lines, and recommends acceptance conditioned upon the Developer assuming financial responsibility for the reconstruction of the below minimum grade storm and sanitary sewer lines if the Public Works Department certifies that they are failing to perform satisfactorily, and WHEREAS, C.B. Development Ltd. ("Developer") has agreed to assume the financial and actual repair responsibilities, and C.B. Development Ltd. has provided adequate security to protect the City's interests. NOW, THEREFORE, in mutual consideration of the promises herein, Developer and the City of Iowa City hereby agree that City will accept Whispering Meadows Subdivision Part 2, Phase 1, storm sewer and sanitary sewer under the following conditions: Developer and City acknowledge that Whispering Meadows Subdivision Part 2, Phase 1, storm sewer and sanitary sewer includes all lines constructed as of May 30, 1995, for lots 72-97, 136-138, and 157-174, and that portions of the above mentioned storm and sanitary sewer lines were constructed below the minimum required grade required by the City of Iowa City Design Standards. Developer and City acknowledge that the storm and sanitary sewer system, as-built below minimum grade, has the potential to result in excessive flooding, accumulation of sediments and other solids, increased maintenance efforts, presence of odors, presence of hydrogen sulfide, and other problems associated with low grade pipes. However, Developer and City acknowledge and agree that requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste and should not be required until their performance can be evaluated by the City. Developer acknowledges and agrees that the Public Works Department has inspected and reviewed the below-minimum grade storm and sanitary sewer lines, and recommends acceptance conditioned upon the Developer assuming financial responsibility for the reconstruction of the storm and sanitary lines if the Public Works Department certifies that they are failing to perform satisfactorily. Developer shall assume said financial responsibility for reconstruction for a period of five (5) years and six (6) months after the conditional acceptance of the above-referenced improvements by the City. Developer also agrees to secure said financial obligation for reconstruction and maintenance of the above-referenced improvements over the five (5) year, six month period by obtaining a five (5) year maintenance bond and by paying the sum of $7,500.00 to the City of Iowa City to cover the costs of maintaining the below- minimum grade storm and sanitary sewer lines over the five (5) year, six (6) month term. Said sum of 97,500.00 shall cover the costs of jet cleaning the below-minimum grade storm and sanitary sewer lines over the five (5) year and six (6) month period and relocating two 4" sanitary sewer service lines adjoining the below-minimum grade sanitary sewer sections. The Parties hereby agree that said sum shall not be refundable in whole or in part. Notwithstanding the payment of the above-referenced sum, the Developer shall have tile obligation to reconstruct and repair the area of the below-minimum grade sanitary sewer and storm sewer if such reconstruction is determined to be necessary as defined in paragraph #5 below. Developer agrees that it will submit to the City a five (5) year maintenance bond for the sanitary sewer and storm sewer guaranteeing to correct any and all defects by reason of workmanship or material. The bond will cover all costs associated with sewer reconstruction and area repair due to below standard s~.wer pipe grades if such reconstruction is determined to be necessary as defined in paragraph #5 below. The City will monitor the condition and performance of the above-referenced sewers during the five (5) year, six month period for excessive flooding, accumulation of sediments and other solids, increased maintenance efforts, presence of odors, presence of hydrogen sulfide, and other problems associated with low grade pipes. If any of these conditions are present, the City may at its sole discretion require reconstruction of the sewers to grades consistent with paragraph 6 below. Reconstruction of the deficient sewer lines will be done per the approved subdivision construction plans. Deviations from the approved construction plans must be submitted and approved by the City prior to reconstruction. All construction plans shall conform to City of Iowa City Design Standards. All work associated with correcting the deficient sewer lines will be the responsibility of Developer, including but not limited to, traffic control, pedestrian safety measures, pavement removal, utility relocation, sodding, property damage repair, and reconstruction of area per the approved subdivision construction plans. All work will be done in the presence of a City Engineering Inspector and to the City's satisfaction. Temporary construction easements will be obtained by Developer prior to reconstruction. Unless environmental conditions control, correctional work by Developer will begin not more than six (6) months from time of notification and direction for reconstruction from the City. At time of notification, a work schedule will be provided by the City for completion of the correctional work. The maintenance bond company or corporate asset holders, as applicable, will be contacted by the City to obtain funds to complete the correctional work if the work schedule is not met. Developer acknowledges that it is required by the Iowa Department of Natural Resources to provide a sanitary sewer completion card with as-built calculations accompanied by a letter stating the justification for why portions of the sanitary sewer were not constructed pursuant to the construction plans, Developer agrees to provide a copy of such completion card and accompanying letter to City. 10. Nothing in this Agreement shall be construed to impose any requirement on the City to reconstruct the sanitary and storm sewers at issue herein, Nor shall the Developer be deemed acting as the City's agent during the reconstruction and installation of said sewers, The parties agree that the obligation to reconstruct the sewers herein shall be in accordance with the City's specifications, and the obligation shall remain on the Developer until completion by the Developer and acceptance by the City, as provided by law, or until the passage of a five (5) year, six month period from the date of this agreement. C.B, Development, Ltd., by Carol Barker, President and Secretary Date CITY OF IOWA CITY ~usan M. Horowitz, Mayor Marian K, Karr, City Clerk City Attorney's Office STATE OF IOWA I )SS JOHNSON COUNTY ) On this L~ day of ~, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker, to me personally known, who being by me duly sworn did say that she is the President and Secletary of C.B. Development, the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Carol Barker as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by her voluntarily executed. ~,'~,~l ANNEROWI. EY I (/~~dfo~r h~ !~1~ ~.1 My C~missjo~ Expt~ I .. Notary Pubhc in and for he State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this/5~ day of '~;7¥, 1995, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa le gal~sa rah~landa~Js\wmeadac2.a gr 4 RESOLUTION NO, )LUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS 37, 138, AND 157-174 FOR WHISPERING MEADOWS PART 2 S! DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLI( DIVI- WHEREAS, the [ completed in neering Division has certified that the following ' nce with the plans and specifications of the have been Iowa City, Sanitary and 157-174 Development Ltd. )rm sewer, and water main improveme~ 'hispering Meadows Part 2 Subdi owa City, Iowa, 137, 138, as constructed by CB Paving improvements Part 2 Subdivision 72-95, 137, 138, an i7-174 for Whispering Meadows by Metro Pal Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds been filed in City Clerk's office; and WHEREAS, traffic control signs have and WHEREAS, portions of the above menti below the minimum required grade requ~r, storm and sanitary sewer were constructed , the City of Iowa City Design Standards, and WHEREAS, requiring the immediate sanitary sewer lines may result can be evaluated by the City, and of the below-minimum grade storm and Id not be required until their performance WHEREAS, the Public Works ment has grade storm and sanitary se~ and Developer assuming financia y storm and sanitary sewer the Public Works to perform satisfactorily;,, and reviewed the below-minimum acceptance conditioned upon the of the below minimum grade certifies that they are failing WHEREAS, an agree~ ment, Ltd., and Bo~ assume the financi shareholders City's interests. has been negotiated between the ~d Carol Barker ("Developer"), wherein ~nd actual repair responsibilities, and C.B. D~ and Carol Barker, have provided ade( of Iowa City, CB Develop- e Developer has agreed to Ltd., along with security to protect the NOW, THER ~RE, BE IT RESOLVED BY THE CITY COUNCIL :ITY, IOWA, THAT: 1. It the public interest to accept the public improvements sanitary sewer systems under the terms and conditions o tance Agreement, as the City's interests are adeq~ the storm Conditional Resolution No. Page 2 Said public improvements are hereby accepted by the City of Iow~ all dedications and public improvements previously set aside ~ access are hereby formally accepted and declared o Iowa, and that not being open for public access and ayor is hereby authorized to execute and the City Acce ]nceAgreement and Pledge Agreement, Conditional which are attached hereto. Passed and this day of ,1995. ATTEST: CITY CLERK pwe~g~whispr.res MAYOR Approved by AGREEMENT BETWEEN C.B. DEVELOPMENT LTD. (DEVELOPER), ;BOB BARKER, CAROL BARKER AND~,-CITY OF IOWA CITY (CITY) FOR CONDITIONAL ACCEPTANCE OF WHISPERING MEADOWS SUBDIVISION PART 2, PHASE 1, STORM SEWER AND SANITARY SEWER WHEREAS, the Whisp'~r~in9 Meadows Subdivision Part 2, Phase 1, storm sewer and sanitary sewer includes all lines d~nstructed as of May 30, 1995, for lots 72-97, 136-138, and 1 57- 174, and herb WHEREAS, portions of t ore mentioned storm and sanitary sewer were constructed below the minimum required ~ade required by the City of Iowa City Design Standards, and WHEREAS, MMS Consultants~l with storm sewer calculations ~c. has provided the CitYshowing the as-built storm sewe a r~ystem contains,sufficient capacity for 5-year storm, and WHEREAS, the storm and sanitar,~,sewer system, as-built below minimum grade, has the potential to result in excessive floodi,ng, the failure of the system to convey a 5-year storm runoff, accumulation of sediments an~ other solids, increased maintenance efforts, presence of odors, presence of hydrogen sulfide~and other problems associated with low grade pipes, and \ WHEREAS, requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste a~d should not be required until their performance can be evaluated by the City, and WHEREAS, the Public Works Department ha~ inspected and reviewed the below-minimum grade storm and sanitary sewer lines, and recommends acceptance conditioned upon the Developer assuming financial responsibility for tile reconstruction of the below minimum grade storm and sanitary sewer lines.if the Public Wor~ Department certifies that they are failing to perform satisfactorily, and WHEREAS, C.B. Developm,e'nt Ltd. ("Developer") '~as agreed to assume the financial and actual repair responsibilities, and C.B. Development ~d., along with shareholders Bob Barker and Carol Barker, have pr,~vided adequate security to\~rotect the City's interests. NOW, THEREFORE, in/mutual consideration of the promises herein, Developer, Bob Barker, Carol Barker and the C, ity of Iowa City hereby agree that City will accept Whispering Meadows Subdivision Part 2,~/f~ase 1, storm sewer and sanitary sev~e,,r under the following conditions: 1. Developer ~¢nd City acknowledge that Whispering Meadows Subdivision Part 2, Phase 1, storm s~wer and sanitary sewer includes all lines con.structed as of May 30, 1 995, for lots 72-97, 136-138, and 157-174, and that portions of the above mentioned storm a~d sanitary sewer lines were constructed below the minimum required grade required by the City of Iowa City Design Standards. 2. Developer and City acknowledge that the storm and sanitar~ sewer system, as-built below minimum grade, has the potential to result in excessive\flooding, accumulation of sediments and other solids, increased maintenance efforts, presence of odors, ., o ! presence of hydrogen sulfide, and other problems associated with low grade pipes. However, Developer and City acknowledge and agree that requiring the immediate reconstruction of the below-minimum grade storm and sanitary sewer lines may result in waste and should not be required until their performance can be evaluated by the City. ~ . Developer ack~.owledges and agrees that the Public Works Department has inspected and reviewed '~he below-minimum grade storm and sanitary sewer lines, and recommends ac~teptance conditioned upon the Developer assuming financial responsibility for tl~,e reconstruction of the storm and sanitary lines if the Public Works Department certifie~.,that they are failing to perform satisfactorily. Developer shall assume said financial~,esponsibility for reconstruction for a period of ten (10) years and six (6) months after theconditional acceptance of the above-referenced improvements by the City. Developer al~o agrees to secure said financial obligation for reconstruction of the above~-referenced i~nprovements over the ten (10) year, six month period by obtaining a five (5) year rfiaintenance bond for the first five (5) years. Further, Bob Barker and Carol Barker, as ~sole shareholders of C.B. Development, Ltd., hereby agree to pledge to the City of Io~va C~ty, as security for C.B. Development, Ltd. s indemnification obligations hergL~der, 2000 shares of the issued and outstanding common stock in C.B. Developr~ent, Ltd., as evidenced by Stock Certificate #1 and as held by said individuals in joint\~enancy with rights of survivorship, said pledge to be for the duration of the entire ten\{10) year and six (6) month period and evidenced by a soFarate pledge agreement inc6~:porated herein by this reference. Developer agrees that i.t/~vill submit to ~h,e City a five (5) year maintenance bond for the sanitary sewer an~' storm sewer guaranteeing to correct any and all defects by reason of workmansJ~ip or material. The I~ond will cover all costs associated with sewer reconstructio~ and area repair due to )~,elow standard sewer pipe grades if such reconstruction is d~termined to be necessary\~,s defined in #6 below. / Bob Barker and,'Uarol Barker further agree to se~mit to the City a separate pledge agreement ple, dging in fee to the City of Iowa City 2000 shares of the issued and outstanding ,~,ommon stock in C.B. Developments, Ltd. as evidenced by Stock Certificate ,~'1 to cover and secure all costs associated'~vith sewer reconstruction and area repai,r due to below standard sewer pipe grades if such reconstruction is determi?'d to be necessary as defined in #6 below, . The Cit/y will monitor the condition and performance of the abOve-referenced sewers during/ the ten year, six month maintenance bond and securit;~',p,~.edge period for exc?~sive flooding, accumulation of sediments and other solids, increasbd~maintenance eff/orts, presence of odors, presence of hydrogen sulfide, and oth~r~p..roblems a~sociated with low grade pipes. If any of these conditions are present, the'~ty may /~t its sole discretion require reconstruction of the sewers to grades consisteJ~t~ith z" paragraph 7 below. Reconstruction of deficient sewer lines will be done per the approved subdivisio~ construction plans. Deviations from the approved construction plans must be\ submitted and approved by the City prior to reconstruction. All construction plans shall conform to City of iowa City Design Standards. All work a~ of Devel pavement reconstructi be done in th with correcting the deficient sewer lines will be the )onsibility including but not limited to, traffic control, pedestrian ' measures, ~moval, utility relocation, sodding, property dam~ repair, and of area per the approved subdivision construction All work will City Engineering Inspector and to th ,'s satisfaction. Temporary easements will be obtained by prior to reconstruction. Unless environm, ;onditions control, correctional work Developer will begin not more than six (6} :hs from time of notification and rection for reconstruction from the City. At time notification, a work schedule provided by the City for completion of the anal work. The maintenan bond company or corporate asset holders, as . will be contacted by the obtain funds to complete the correctional work if schedule is not 10. Developer acknowledges .,. ~ Resources to provide a sanitar' accompanied b,~ [ating t were not constructed a copy of such completion card is required sewer the Iowa Department of Natural card with as-built calculations why portions of the sanitary sewer plans. Developer agrees to provide g letter to City. 11. C.B. Development, Ltd., by Nothing in this Agreement shall be c( to reconstruct the sanitary and be deemed acting as the City's age sewers. The parties agree that' be in accordance with the ~ecificati, Developer until completion b Devel( by law, or until the passage a ten (1 O) agreement. Barker, President and rued to impose any requirement on the City rs at issue herein. Nor shall the Developer the reconstruction and installation of said to reconstruct the sewers herein shall and the obligation shall remain on the acceptance by the City, as provided month period from the date of this Date Bob Barker, Pledging of C.B. Development, Ltd. Carol Barker, Pie ling Shareholder of C.B. Development, Ltd. CITY OF By: Sus CITY M. Horowitz, Mayor Approved City Marian K. Karr, City Clerk STATE OF IOWA ) )SS JOHNSON C~NTY ) ~t~/ / . On this~._~'day of July, 1995, before me, the undersigned, a Notary Public in ano for the State of Iowa,~personally appeared Carol Barker, to me personally k?bwn, who being by me duly sworn dick, say that she is the President and Secretary of C~B. Development, the corporation executin~ the within and foregoing instrument, that no seal has been procured by the corporation; that ~aid instrument was signed on behalf of the cgr~oration by authority of its Board of Directors;~nd that Carol Barker as officer acknowledged the execution of the foregoing instrument to~e the voluntary act an~e~ of th~rporation, by it and by her voluntarily ex~ ' ~ Notar~?~lblic in and ~ State of Iowa STATE OF IOWA ) ~ ,'/ )ss X / JOHNSON COUNTY ) On thisZ~. day of July, the State of Iowa, personall~ duly sworn did say that he is the foregoing instrument and a¢ and deed. before me/; the undersigned, a Notary Public in and for 3ob BarJ(er, to me personally known, who being by me the foregoing instrument, that he executed he executed the same as his voluntary act September 23, ,/ Notary Public in and for~_e State of l~wa STATE OF IOWA ))SS / JOHNSON COUNTY ) / On thisT-.% day of J/u'ly, 1 995, before me, the ;rsigned, a Notary Public in and for the State of Iowa, person,~illy appeared Carol Barker, ~ersonally known, who being by me duly sworn did say/that she is individual named in foregoing instrument, that she executed the foregoin,~ instrument and acknowledged ~e executed the same is her voluntary act and dTd. ]~ ~'1 September23.1997 i Notary Public in ~ the State of Iowa STATE OF IOWA ) ) SS: JOHNSON ) On this said County, in said personally known, Clerk, respectively seal affixed thereto is the and sealed on behalf of municipal corporation; and execution of said and by them voluntarily of July, 1995, before me, the undersigned, a I~' Public in nd for )eared Susan M. Horowitz a~ Karr, to me Oeing be me duly sworn, did say that municipal corporation executing said municipal corporation; ~id municipal corporation by tt the Susan M. ~ be the voluntary act and d ed. the Mayor and City instrument; that the instrument was signed of City council of said K Karr acknowledged that said municipal corporation Nc Public in and for the State of Iowa 5 PLEDGE AGREEMENT /' s PLEDGe. AeREEH.~NT made and entered into th~$ 25th day of July~ 1995, by and between Robert Barker and Ce.~'ol Barker,  WiTNESS~.TH . . : ' WHEREAS~ contemporaneously herewl_t.h., the Barkers,. CB Development, ~td. (the Company) and the City have entered into an Agreement ~or the conditional accepta,nce of Whispering Meadows._Su~.iv.i~ion Part 2, Phase 1, storm/sewer and sanitary sewer (Conditional Acceptance Agreement)/-' and ..W~.EREAS, as ~inducement to the City to enter into the Conditional. Accept~lce Agreement, the .Barkers.have agreed to execute this Agreement and, pursuant hereto, to pledge the Pledged Stock, as defined in this Agreement, as security for the performance by th~ Company of the Company's obligations under the Conditional ~ceptance,/Agreement. . N.OW, TMEREFORE, in\~conside. ration of the f.oregoing and intending to be legally ~ound/hereby, the parties agree as 1. The term "Pledge.~" Stock" shall mean. that two thousand (2000) shares of %.~e~issued and outstanding capital stock of the Company, owne~ by,the Barkers, together with all certificates, options, rights or, other distributions issued as an addition to, in subS~itutio~ or in exchange for, or on account, of, any such s~f~res, andSall pro.ceeds of all of the foregoing, now or her_~after owned ~ acquired by the Barkers. 2. (a) As security for t~e performance of the Company s obliger,ions nder the ~ondltlonal A eptance Agreement, the Ba~,~ers hereby pledge ~o the City the Pledged Stock. and grant/khe City a lien on ~nd security interest there~n. / ~ (b)."If ,the Barker.s sha.ll becomeSentitled to receive or shall rece, lve, in connection with any of~the Pledged Stock, any: ," h / (i) Stock Certificate,. including bu.t.without limitation', any Certificate representing a St~ck Dividend or in conne,dtion with any increase or reductio~ of capital, reclass~ication, merger, consolidation, sal~ of assets, combiTion of shares, stock split, spin off crOplit off; / (ii) option, warrant or right, ~whether as addition to or in substi.tution or in exchange for ~ny of the Pledged Stock, or otherwise; ~ - 2 - 's/tri ~ (iii) Dividend or d bution payable in property, i~luding securities issued ~y other than the issuor (iv) Dividends or ,l~tributions of any sort, then: the Barkers shall accept th~same as the City's agent, in trust for the~ity, and shall d~iver them forthwith to the City in the exa~t form receiveg' with, as applicable, the Barkers's endorsement when necessary, or appropriate stock powers duly execute~ in blank, t~.be held by the City, subject to the terms hereof~as part o~ the Pledged S~ock. (c) U~le~s~the Co~/pany shall be in default, as hereinafter defined, ~he Ba~kers shall retain all voting rights with respect th~ Pledged Stock and, for that purpose, the City shall necessary proxies. whether or not the Pledged the name of the city, the Pledged Stock, all other exchange, subscription ol and deliver to the Barkers all and without further notice, itock shall have been registered in shall have, with respect to the )orate rights and all conversion, ~r rights, privileges or options pertaining thereto as i~ the absolute owner thereof. The city shall have no t~exercise any of the aforesaid rights, privileges or o ~ a~d shall not be responsible for any failure to do so o/ delay i~so doing. (d) Upon k occurre~ e of any default by the Company in the per~ ance of ~S obligations under the Conditional .ccepta 9e Agreement, w~ich default continues for a period. of twenty (20) days afte~ written Notice of such default is by the Company a~d the Barkers, the City may, without advertisement or specified below to or upon the Bal upon the Pledged sell or agree Pledged Stock public or priv terms as it future the right of such sale any right or equity i~ demand or of any time and place of or any other n, or any part sell or otherwise any part thereof or in sale or sales, at such deem best, for cash or without assumption of any city or any purchaser to whole or any part of the ~quity of redemption in the hereby expressly waived and rele~ or other demand, (except the notice or private sale) forthwith realize and may forthwith, of and deliver the therein, at ~ices and on such credit, or for ~edit risk, with upon any Stock free of s, which right led. other actJ (e) The proceeds of any such by the City shall be applied as owe: or (i) First, to the costs incurred in connection therewith or incidental expenses or to the care or safekeeping of any of the Pledged Stock o/in any way relating to ~he rights of the City hereunder, yncluding reasonable attorneys' fees and legal expenses; '¥ii) Second, to the satisfa~ion of all remaining sums due t~,City under the Conditi71 Acceptance Agreement. (i~) Third, to the Barkg~s to the extent of any surplus proceeds.~.~ / .(f) The City ne~d not give mor~ than fifteen (15) days' notice of the time a~d place of a~ public sale or of the time after which a pr~?~ate sale m~ take place, which notice the Barkers hereby de~s reasonable. 3. The Barkers represent and w~rrant that: (a) They are the legal~$n~ beneficial owners of all of the Pledged Stock and that thePledged Stock represents 100% of the issued and outstandi~\~tock of the Company. (b) All of the shar~s of~the Pledged Stock have been duly and validly' issued a~d are o~ed ~y the ~arkers free of any other pledge, ~ortg~ge, hypo~h~atlon, lien, charge, encumbrance or security 19{erect in ~such shares or the proceeds thereof. / \ . (c) Upon deli~y of the P~edge~\Stoc~ to the City, this Agreement shall create a valid first lien upon and perfected security i~%~rest in ~he Pled~ Stock and the proceeds thereof, sub]~'ct to no prior security~interest, lien, charge or encumbran~ . ~. 4. The follq~ing shall be events constituting a default hereunder: /. . . . (?) ~Se failure of the Company to perform any of its obligations'under the Conditional Acceptance Agreement. . (?i/ The merger, consolidation or ~other reorganization of the Company if, as a result th~reo~, the Pledged Stock shall represent less than 100% of the issued and outstandi'ng capital stock o? al~ classes of the entity a~sing out of such merger, consolidation o~ other re0rganizatio~. . (c) The voluntary or ~nvoluntary liquidation, dissolution or revocation of the Certificate of IncorporatiOn o~the Company. · · additional Stock, to less than stock. (e) petition or or pursuant to in any juri by the Company of 5. Beyond th~ safe custody of the City shall have no pertaining thereto and for the Pledge Stock surrender of it to the 6. The rights cumulative and are in addit or remedies provided limitation, the rights and the Uniform Commercial Co~e. / extent that the ~ledged Stock wo?/l~ repre~n~ of the Company's issued and outs~ndlng capital filing by or ~gai?st t~ Company of any request for relief ~n a~ Bankruptcy Court other debtor relief s~atute or common law including but not li~ted to an Assignment assets for the benefit or its creditors. ise of reas/nable care to assure the [edged Stock while held hereunder, the or liability to preserve rights be relieved of all responsibility ~on surrendering it or tendering ~kers./ . herein are /emed~es provided and not exclusive of any rights law, including, but without of a secured party under the 7. Th. ls.Agreemen~ inure to the benefit of and shall be binding upo~/ the ~essors and assigns of the parties hereto. /' 8. This Agree}~ent shall be nstrued in accordance with laws of the State of Iowa. I~ WITNESS W~EREOF, the parties sreto have duly executed this Agreement ~s of the day, and year first above written. Robert Carol Barker THE CITY OF IOWA By By IOWA THIS SPACE IS NOT TO BE COVERED IN ANY WAY RESOLUTION NO. 95-241 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 250 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH OF 1-80 AND WEST OF NORTH DUBUQUE ST, WHEREAS, The City of Iowa City owns approximately 250 acres of land north of the City corporate limits located north of 1-80 and west of North Dubuque Street; and WHEREAS, the City of Iowa City has requested annexation of said site and adjoining piping and vehicle access tracts into the City of Iowa City, Iowa; and WHEREAS, these tracts are contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §§368.5 and 368.7 (1995), notice for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County County Attorney, the City of Coralville, the Iowa Attorney General's Office, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have made comment on or objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land described in Exhibit A shall be voluntarily annexed to the City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa Code Chapter 388. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and to the State Treasurer, the population being zero. Passed and approved this !5~-h day of August ,1995. CITY~LERK Approved by City Attorney's Office ,~_ Reaolutlon No. 95-241 Page 2 It was moved by Ba~or and seconded by adopted, and upon rol~ call there were: Kubby the Resolution be ~..' · AYES: NAYS: ABSENT: X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Exhibit A Commencing at the Southeast Corner of the Southeast Quarter of Section 33, Township 80 North. Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 1327.00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33, which is the Point of Beginning; Thence S00°47'57"W, along the Southerly projection of the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33, 40.74 feet, to its intersection with the Centerline of Interstate Highway No. 80; Thence Southwesterly, 1213.93 feet, along said Interstate Highway Centerline, on a 5730.00 foot radius curve, concave northwesterly, whose 1211.66 foot chord bears S83°51'51 "W, to Centerline P.C. Station 890 + 00.1; Thence S89° 56'00"W, along said Highway Centerline, 1971.57 feet, to its intersection with the Centerline of the Iowa River; Thence Meandering along said Centerline, the following courses: N11°OO'42"W, 664.33 feet; Thence N10°24'17"W, 497.56 feet; Thence NO8°O9'32"W, 721.64 feet; Thence NO2°50'O2"W, 399.21 feet; Thence NO2°O3'22"E, 356.55 feet; Thence N17°20'37"E, 403.16 feet; Thence N34°26'O7"E, 296.31 feet; Thence N45°22'O3"E, 237.74 feet; Thence N54°41'O5"E, 195.15 feet; Thence N58°10'38"E, 197.99 feet; Thence N68°O1'40"E, 218.21 feet; Thence N88°45'35"E, 287.80 feet; Thence S73°34'33"E, 346.29 feet; Thence S71°49'07"E 188.06 feet; Thence S68°40'20"E, 217.71 feet; Thence S64°01 '58"E 141.14 feet, along said Iowa River Centerline, to its intersection with the East Line of the West One-Half of said Section 33; Thence S01 °07'29"E along said West Line, 148.17 feet, to its intersection with the Southerly Top of Bank of said Iowa River; Thence S61°43'01"E, along said Top of bank, 1.82 feet, to a 5/8 inch iron pin; Thence S67°54'08"E, 394.85 feet, to a 5/8 inch iron pin; Thence S74° 11 '04"E, 327.85 feet, to a 5/8 inch iron pin; Thence S73°57'48"E, along said southerly Top of Bank, 208.94 feet, to a 5/8 inch iron pin at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02'35"W, along said westerly right-of-way line, 81.58 feet; thence N81 °57'25"W, along said westerly right-of-way line 25.32 feet; Thence S08°02'35"W, along said westerly right-of-way line, 20.00 feet; Thence N88~39'10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31 '28"E, along the southerly line of said condemnation parcel, 45.11 feet; Thence S81 °57'25"E, along said southerly line, 63.04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02'39"W, along said centerline, 72.78 feet; Thence southeasterly, 845.45 feet, along said centerline, on a 996.44 foot radius curve concave northeasterly, whose 820.32 foot chord bears S16°15'46"E; Thence S40°34'11 "E, along said centerline, 155.57 feet; Thence Southeasterly, 132.98 feet, along a 955.00 foot radius curve, concave northeasterly, whose 132.88 foot chord bears S44°33'33"E; Thence S49°54'47"E, along said former centerline 61.90 feet, to its intersection with the East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47'57"W, along said East Line, 63.01 feet, to a point on the southerly Right-of-Way Line of said North Dubuque Street; Thence southeasterly, 312.00 feet, along said southerly Right-of-way Line, on a 2342.00 foot radius curve, concave northeasterly. whose 311.77 foot chord bears S55°20'15"E; Thence S59°09'14"E, along said southerly right-of-way line, 109.03 feet; Thence S53°26'36"E, along said southerly right-of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21'14"E, along the easterly line of said surveyed parcel, 23.45 feet, to an iron pin found; Thence S40°44'44"E, along said easterly line, 123.47 feet, to an iron pin found; Thence S03°15'44"E along said easterly line, 46.82 feet, to an iron pin found; Thence S40°26' 16"W, along said easterly line, 254.19 feet, to an iron pin found; Thence S05°42'36"W, along said easterly line, 138.07 feet, to an iron pin found; Thence S65°31 '26"W, along said easterly line, 288.13 feet, to an iron pin found at the southwesterly corner of said surveyed parcel; Thence N88 o 59'28"W, 9.36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47'57"W, along said East Line, 637.48 feet, to the Point of Beginning. Said tract of land contains 254.79 acres, more or less, and is subject to easements and restrictions of record. EXCEPT FOR: Commencing at the Southeast Corner of the Southeast Quarter of Section 33, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 2651.39 feet, to the Southwest Corner of said Southeast Quarter of Section 33; Thence NO1 °07'29"W, along the West Line of the East One-Half of Section 33, 3094.32 feet, to its intersection with the Southerly Top of Bank of the Iowa River; Thence S61 °43'01"E, along said Top of Bank, 1.82 feet, to an Iron Pin Set, Thence S67°54'08"E, 394.85 feet, to an iron pin set, which point is the POINT OF BEGINNING; tllence S15°48'56"W, 300.00 feet; Thence S74°I 1 '04"E, 565.1 6 feet, more or less, to the centerline of North Dubuque Street, formerly known as U.S. Highway No. 218; Thence Northerly along the centerline of North Dubuque Street to the Southerly Top of Bank of the Iowa River; Thence Westerly along said Southerly Top of Bank of the Iowa River to the POINT OF BEGINNING; excepting therefrom that parcel to which James Patrick Glasgow already has record title and excepting that portion of the above-described real estate previously conveyed to Johnson County, Iowa for highway purposes. ppdadmln[annex.lgl RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 250 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH OF 1-80 AND WEST OF NORTH DUBUQUE ST. WHEREAS, The City of Iowa City owns approximately 2.~ cot limits located north of 1-80 and west of North of land north of the City and WHEREAS and vehicle City of Iowa City has requested an tracts into the City of Iowa Ci of said site and adjoining piping and WHEREAS, are contiguous to th limits of the City; and WHEREAS, Iowa Code §§36; by certified mail to ohnson Attorney, the City of the Council of Governments; (1995), notice for annexation was sent of Supervisors, the Johnson County County , General's Office, and the East Central Iowa WHEREAS, none of these annexation. have made comment on or objected to the proposed NOW, THEREFORE, BE CITY, IOWA, THAT: )LVED BY THE CITY COUNCIL OF THE CITY OF IOWA 1. The Iowa. in shall be voluntarily annexed to the City of Iowa City, The Cit, is hereby documer as required by Iowa directed to certify, file and record all necessary Chapter 368. Furth( he City Clerk is hereby for certification of the anc State Treasurer. directed to certify and file all necessary annexed territory to Johnson County Passed )proved this day of , 1995. MAYOR ATTEST: CITYCLERK City RESOLUTION NO. 95-247 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 1995 CURB RAMPS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPA- NY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 CITY 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. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% 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 6th day of September, 1 995. Thereafter the bids will be opened bythe City Engineer or 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 7:30 p.m. on the 12th day of September 1995, or at such later time and place as may then be fixed. Passed and approved this 15th day of August ,1995. ATTEST: Approved by Oity Attorney's Office ,~.. ,~- ~ ~- Resolution No. 95-247 Page 2 It was moved by Novick and seconded by. adopted, and upon rolt call there were: Pi gott ,the Resolution be · AYES: NAYS: ABSENT: X X X X Baker Horowitz Kubby · Lehman Novick Pigott Throgmor~on RESOLUTION NO, RESOLUTION ADOPTING "ECONOMIC DEVELOPMENT POLICIES, STRATE- GIES, AND ACTIONS FOR THE CITY OF IOWA CITY" WHEREAS, the Iowa City City Council decided that it would be in the public's interest to establish a policy guiding the community's economic development activities; and WHEREAS, members of the public and community organizations have been provided the opportunity to comment on the document "Economic Development Policies, Stra.tegies, and Actions for the City of Iowa City"; and WHEREAS, the document "Economic Development Policies, Strategies, and Actions for the City of Iowa City" is consistent with the recently adopted "IOWA CITY: BEYOND 2000 - Iowa City's Vision for the Future"; and WHEREA,~, the document "Economic Development Policies, Strategies, and Actions for the City 'of Iowa City" will be used to guide the City Council's future economic development policy decisions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The "Economic Development Policies, Strategies, and Actions for the City of Iowa City" be adopted. Passed and approved this day of ,1995. ATTEST: CITY CLERK MAYOR Approved by , . City Attorney s Office - ~'--~;~ ~ 5"- It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ecodev\policies.res ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY POLICY 1: DIVERSIFY AND INCREASE THE PROPERTY TAX BASE BY (1) ENCOURAGING THE RETENTION AND EXPANSION OF EXISTING INDUSTRY AND (2) ATTRACTING INDUSTRIES THAT HAVE GROWTH POTENTIAL AND ARE COMPATIBLE WITH EXISTING BUSINESSES AND INDUSTRIES. Strategy A: Identify industry groups that are compatible with the community and toward which the community should target its economic development efforts. Action 1: Identify specific local businesses that fall within these targeted industry groups and adopt community policies that encourage capital investment and growth in these industries. Action 2: Identify businesses within these targeted industry groups that are not already in the community but that would complement local businesses and establish a marketing plan to recruit them. Action 3: Further develop a data base of economic and demographic information and perform various economic analyses to assist businesses, Strategy B: To the fullest extent practical promote awareness of the city's economic development policies through public forums. Action 1: Maintain a clear and consistent economic development policy. Action 2: Through community education efforts, increase public awareness of the role of business in the community and the importance of & strong economy. Action 3: Coordinate a community effort to promote the attractiveness arid 3ositive aspects of doing business in Iowa City. 2 POLICY 2: INCREASE EMPLOYIVIENT OPPORTUNITIES CONSISTENT WITH THE AVAILABLE LABOR FORCE Strategy A: Identify local labor force skills and the types of jobs compatible with the local labor force, Action 1: Work with the local Work Force Center (Job Service) to identify the local education and training background of the local labor force. Action 2: Work with local employers to determine their labor needs and the means by which these can be met, Action 3: Develop a mechanism that would assist underemployed individuals find more appropriate job opportunities within the community. Action 4: Continue to gather information about employment abilities and needs of the local labor force with special needs (persons with disabilities, welfare recipients, and other low-income individuals), provide the necessary supportive programs and services that assist these individuals and target employment opportunities for these persons. Strategy B: Identify the work force skills required by the targeted industries and identify the education and training needs of the local work force to meet the required job skills. Action 1: interview businesses within the target industry groups to determine their work force education and training requirements. Action 2: Work with Kirkwood Community College and the University of Iowa to provide the appropriate education and training necessary for work force skills of the targeted industries, Action 3: The local community school systems (K-12) should work closely with business to determine the skills and knowledge needed to perform in today's work place, Action 4: Work with the local educational institutions to develop curricula at all educational levels that encourages creative and innovative thinking to prepare workers for the ever-changing work place. 3 POLICY 3: PROVIDE AND PROTECT AREAS SUITABLE FOR FUTURE INDUSTRIAL AND COiVliVIERCIAL DEVELOPNIENT Strategy A: Provide for the extension of infrastructure which will encourage development in areas designated for industrial and commercial growth. Action 1: Direct the extension of infrastructure so as to maintain and contain industrial development on the edge of the community in industrial parks, but not in a ring around the city. Action 2: Construct and maintain a system of roads and bridges, telecommunica- tions and fiber optics, sewer, water, and solid waste disposal facilities that provides the necessary infrastructure for commercial and industrial development. Action 3: Through public, private, or public/private initiatives, ensure the availabili- ty of an adequate amount of industrial and office research park land and extend the necessary infrastructure. Strategy B: Encourage commercial activity to take place in existing core areas or neighbor- hood commercial centers and discourage the proliferation of new major commercial areas. Action 1: Use zoning as a tool to prevent the proliferation of commercial develop- ment outside of designated commercial cores. Action 2: When necessary, use incentives to encourage development and redevelopment within designated commercial core areas. Action 3: Perform market analyses to determine the supply and demand of commercial land and commercial office/retail space. Action 4: As the city grows, zone additional areas for neighborhood commercial development. Strategy C: Continue and enhance downtown revitalization Action 1: In a cooperative effort with the Downtown Association and the University of Iowa, actively market the downtown. Action 2: Continue to assist community efforts to expand cultural activities and opportunities in downtown Action 3: Survey downtown businesses and customers to work toward a downtown that is accessible to persons with disabilities and persons using alternative modes of transportation. Action 4: Implement the Near Southside Neighborhood Redevelopment Plan. 4 Action 5: Action 6: Strategy D: Action 1: Action 2: Continue to monitor the spatial arrangement and design of downtown development to minim'ze confhcts betweenpedestrians and vehicles and to add to the attractive appearance of downtown. Continue to provide and promote the necessary public infrastructure, including parking and public spaces, in order to maintain the economic health of the downtown. Provide opportunities for the Iowa City work force to live close to their place of employment. Through the use of land use regulations, provide the opportunity for a variety of housing types to locate near commercial and industrial areas. When necessary, provide financial and other incentives for the provision of low and/or moderate income housing in close proximity to employ- merit opportunities, 5 POLICY 4: CONTINUE TO COOPERATE WITH EXISTING LOCAL AND REGIONAL ORGANIZATIONS TO PROMOTE ECONOMIC DEVELOPMENT WITHIN IOWA CITY Strategy A: Continue to use the Iowa City Area Development Group as the lead economic development agency for the economic development activity of the area. Action 1: Individual marketing plans for targeted industry groups should be devel- oped for the area. Action 2: Focus economic development marketing efforts on promoting the attractiveness of Iowa City to facilitate expansion of existing business- es, maintaining the mix of high-tech and production line jobs, and encourage new businesses within the targeted industry groups to locate in Iowa City. Action 3: Continue to support ICAD's efforts to coordinate a regional eastern Iowa economic development effort. Strategy B: Continue to coordinate economic development efforts with the University of Iowa, Action 1: Work with the University of Iowa to enhance and establish avenues for technology transfer and to develop mutually beneficial programs for encouraging economic development Action 2: Through a joint working group, coordinate the growth and development poiicies of the City and the University. Strategy C: Develop new and enhance existing means of communication between and amongst entrepreneurs, businesses, government, and educational institutions. Action 1: Continue to work with the business community through the activities of the Iowa City Area Chamber of Commerce. Action 2: Continue to encourage tourist and visitors to the area through tile activities of the Convention and Visitors Bureau. Action 3: Encourage the sharing of knowledge among industries through industry networks and consortia, and between industries and the University of Iowa and Kirkwood Community College. Action 4: Encourage the creation of a business development clearinghouse and network that would assist individuals pursuing entrepreneurial opportuni- ties. Action 5: Explore new technologies to facilitate communication between the above organizations. 6 POLICY 5: IMPROVE THE ENVIRONMENTAL AND ECONOMIC HEALTH OF THE COMMUNITY THROUGH THE EFFICIENT USE OF RESOURCES Strategy A: Establish programs that encourage businesses and individuals to more efficiently use resources. Action 1: Action 2: Action 3: Action 4: Encourage energy and resource efficiency programs. Encourage waste reduction, waste exchange, and recycling programs. Encourage the creation and/or expansion of markets for recycled materials. Where possible, locate commercial and industrial activities in such a way that energy resources are conserved by minimizing travel distance for consumers, employees, and the transportation of raw materials and finished products, Encourage pollution prevention programs. Action 5: Strategy B: Provide an attractive environment to businesses involved in environmental technology and services. Action 1: Support businesses producing and marketing environmentally-sound products. Action 2: Support businesses developing renewable energy resources. POLICY 6: CONSIDER FINANCIAL INCENTIVES AND PROGRAMS TO FACILITATE ACHIEVING THE ABOVE OBJECTIVES Strategy A: Focus incentives on infrastructure development, worker training and retraining, and an efficient and equitable development review process. Action 1: Invest in infrastructure that will encourage business investments that create jobs for a diverse workforce at a livable wage. Action 2: Assist local businesses to draw upon state programs, community college programs, and other technical and financial assistance programs that facilitate industry modernization and worker training and retraining. Action 3: Regularly review, with assistance from the community, the local development review process and make changes to the process that encourage business activity and reinvestment within the community. Strategy B: Develop criteria and an analysis mechanism to use whenever considering the use of financial incentives for economic development projects. Action 1: Using the Community Economic Betterment Account (CEBA) program criteria as a base, develop, through a public process, criteria to be used when the City considers granting or participating in the granting of any financial incentives for economic development. Action 2: Before action is taken on any economic development matters being considered by the City Council, its Commissions, Boards, or Commit- tees, the potential impact upon the social service needs of the people in this community will be considered. Action 3: Identify the needs of low and moderate income households and target the use of Community Development Block Grant funds toward economic development projects that would assist them. Strategy C: Local financial markets should meet the needs of local commercia! and industrial ventures. Action 1: With the assistance of the local financial institutions, identify shortfalls in the local financial market that inhibit investment in commercial and industrial enterprises. Action 2: Identify the financial needs of minority and women-owned businesses and establish a program to assist with those needs. Action 3: Continually monitor local financial institutions' compliance with the Community Reinvestment Act. ecodev\po[icies.ed2 Identify industry groups that are compatible with the community and toward which the community should target its economic development efforts. Work with the Local Work Force Center to identify the local education and training background of the local labor force. Work with selected local employers to determine their labor needs and means by which these can be met. Through public, private, or public/private initiatives, ensure the availability of an adequate amount of industrial and office research park land and extend the necessary infrastructure. Perform market analyses to determine the supply and demand of commercial land and commercial office/retail space. Implement the components of the Near Southside Plan. Establish a joint working group to coordinate the growth and development policies of the City and the University. Establish criteria to be used when the City considers granting or participating in granting any financial incentives for economic development. Inform local and regional economic development agencies of the City's economic development policies, strategies, and related development interests. ecodev~activity.96 ECONOMIC DEVELOPMENT ACTIVITIES ' Action 5: Action 6: Strategy D: Action 1: Action 2: Continue to monitor the spatial arrangement and design of downtown development to minimize conflicts between pedestrians and vehicles and to add to the attractive appearance of downtown. Continue to provide and promote the necessary public infrastructure, including~z~kin ubg~LL~J~in order to maintain the economic health of the downtown, ~.;~,.,.1'~..,.~ Provide opportunities for the Iowa City work force to live close to their place of employment. Through the use of land use regulations, provide the opportunity for a variety of housing types to locate near commercial and industrial areas. When necessary, provide financial and other incentives for the provision of low and/or moderate income housing in close proximity to employ- ment opportunities. 5 POLICY 4: CONTINUE TO COOPERATE WITH EXISTING LOCAL AND REGIONAL ORGANIZATIONS TO PROMOTE ECONOMIC DEVELOPMENT WITHIN IOWA CITY Strategy A: Continue to use the Iowa City Area Development Group as the lead economic development agency for the economic development activity of the area. Action 1: Individual marketing plans for targeted industry groups should be devel- oped for the area. Action 2: Focus economic development marketing efforts on promoting the attractiveness of Iowa City to facilitate expansion of existing business- es, maintaining the mix of high-tech and production line jobs, and encourage new businesses within the targeted industry groups to locate in Iowa City. Action 3: Continue to support ICAD's efforts to coordinate a regional eastern Iowa economic development effort. Strategy B: Continue to coordinate economic development efforts with the University of Iowa. Action 1: Work with the University of Iowa to enhance and establish avenues for technology transfer and to develop mutually beneficial programs for encouraging economic development Action 2: Through a joint working group, coordinate the growth and development policies of the City and the University. Strategy C: Develop new and enhance existing means of communication between and amonost e~r~neur~, business~ governmentr ~-.~educationel institutions~*~ ~z,~. ~- Action 1: Cont nue to work with the business community through the activities of ~ ~ - the Iowa City Area Chamber of Commerce. Action 2: Continue to encourage tourist and visitors to the area through the activities of the Convention and Visitors Bureau, Action 3: Encourage the sharing of knowledge among industries through industry networks and consortia, and between industries and the University of Iowa and Kirkwood Community College. Action 4: Action 5: Encourage the creation of a business development clearinghouse and network that would assist md~v duals pursu ng entrepreneur al opportun - ties. . a,,4 ¢~-- k~,¢~/-r¢- Explore ~t-e4~4e§ies to facilitate communication~~q ~Aorg~nizations~,~ ~~~ '~~ POLICY 6: CONSIDER FINANCIAL INCENTIVES AND PROGRAMS TO FACILITATE ACHIEVING THE ABOVE OBJECTIVES Strategy A: Focus incentives on infrastructure development, worker training and retraining, and an efficient and equitable development review process. Action 1: Invest in infrastructure that will encourage business investments that create jobs for a diverse workforce at a livable wage. Action 2: Assist local businesses to draw upon state programs, community college programs, and other technical and financial assistance programs that facilitate industry modernization and worker training and retraining. Action 3: Regularly review, with assistance from the community, the local development review process and make changes to the process that encourage business activity and reinvestment within the community. Strategy B: Develop criteria and an analysis mechanism to use whenever considering the use of financial incentives for economic development projects. Action 1: Using the Community Economic Better.m..en,,~Account (CEBA) program criteria as a base, develop, through a ffut~i~/v'process, criteria to be used when the City considers granting or participating in the granting of any financial incentives for economic development. Action 2: Before action°is tal~ on a~ny eco~on~ic development matters being considered by the City Council, its Commissions, Boards, or Commit- tees, the potential impact upon the social service needs of the people in this community will be considered, Action 3: Identify the needs of low and moderate income households and target the use of Community Development Block Grant funds toward economic development projects that would assist them. Strategy C: Local financial markets should meetthe needs of local commercial and industrial ventures. Action 1: With the assistance of the local financial institutions, identify shortfalls in the local financial market that inhibit investment in commercial and industrial enterprises. Action 2: Identify the financial needs of minority and women-owned businesses and establish a program to assist with those needs, Action 3: Continually monitor local financial institutions' compliance with the Community Reinvestment Act. that we have followect a very different process in devising this policy than we have with regard to the sensitive natural areas ordinance or the water plan or the Vision 2000. In the first case, we appointed a diverse committee to draft the ordinance with staff help, and then sent it to several commissions for comment. In the second we hired a consultant who prepared the plan with staff assistance. In the third we appointed 90 citizen volunteers to draft visions. In this case staff drafted material which we then discussed in two council work sessions, and then sent a draft to 15 or so organizations. Now we have received wdtten comments from six in.~divtduals and organizations and oral commentary from __ others tonight. How should we respond to those comments? I believe that our economic development pp. li~hould be to provide a ~ood quality of life for all Americans in an ecologically sustainable wa)~ (or, as Derek Maurer puts it, 'Ynaintain a resilient local economy that can withstand the inevitable, and potentially catastrophic, downturns of national and supra-national economies"), and that the policy should be involve the open and democratic participation of individuals drawn from a diverse array of local organizations. Accordingly, I (based largely on conversations with Bruno as well as careful review of the comments submitted to us) suggest the following 8 amendments: Policy 1 needs a Strategy C~ Establish a "social compact" with investors who receive public subsidies. The compact would include two actions: (1) include a clawback provision to insure that firms which do not live up to their promises are required to reimburse public subsidies; and (2) include a requirement that firms receiving public subsidy pay a 'living social wage" to their employees. Consulting with appropriate organizations, staff should define a 'living social wage" for Iowa City-area employees. Policy 2, Action 4 should be revised to add % include education in worker's rights, labor law, and workplace safety" at the end. Policy 3, Strategy A, needs a new Action 4: "When the industrial or commercial development would occur out of sequence, normal policy should be to recoup costs imposed by the development. However, when the firm or industry meets the criteria specified in Policy 6, the city should assume a portion of the development costs." Policy 4, Strategy A, Action 1, needs an introductory clause: "Guided by criteria produced pursuant to Policy 6," Policy 4, Strategy C, needs to have the following words inserted between "government, and educational:" 'labor, citizen groups such as neighborhood associations, environmental groups." Policy 4, Strategy C, needs a new Action 6: "Establish a formal process through which diverse organizations 0ndustries, labor groups, citizen groups, environmental 8roups, the University of Iowa, and others) can share knowledge and viewpoints concerning local economic development." Policy § needs a new Strategy ~ "Reward firms that use natural resources efficiently and minimize pollution by offering financial incentives pursuant to Policy 6." Policy 6, Strategy B, Action 1, needs to be ,.placed with the followin~ "Through a formal public process involving the organizations identified in Policy 4, develop criteria to be used when the City considers granting or participating in the granting of financial incentives to any particular firm in a targetted industry. The criteria shall include natural resource efficiency, pollution minimization, a living social wage, and provision of day care to employees. A clawback provision shall be incorporated in any incentive agreement." City of Iowa City MEMORANDUM Date: August 10, 1995 To: City Council From: City Manager Re; Economic Development Policies, Strategies, and Actions On your August 15, 1995, agenda is a resolution adopting the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Once approved by the City Oouncil, this document will be used by the City Council, the City Manager's Office, and the Department of Planning and Community Development to guide the City's economic development activities. Specifically, we would begin working on the attached list of activities during Fiscal Year 1996. Given that this list is fairly ambitious, the Council may wish to prioritize these items. Over a year ago, the City Council began discussing the City's economic development policy. After many work session discussions, staff prepared for Council review a document containing proposed economic development policies, strategies, and actions. At the Council's direction copies of this document, along with a memo outlining the concepts of sustainable development, were sent to various community organizations and individuals. In your last work session packet, you were provided copies of the comments we have received. An additional commentary has been received and is enclosed in your packet. At your August 14, 1995, work session, you will have the opportunity to discuss any changes you would like made to the document. CO: Karin Franklin David Schoon RESOLUTION NO. 95-248 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER MASONRY RESTORATION PROJECT. WHEREAS, Northwest Waterproofing & Restoration Company, Inc. has submitted the lowest responsible bid of 944,867.00 for the construction of the above-named project. NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Northwest Waterproofing & Restoration Co., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to att6st the contract for th~ construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 15th day of August ,1995. A'FTEST: CiT CLERK C~ty AttI ~ey s Office It was moved by Pigott and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ASSENT: X __L_ X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ADVERTISEMENT FOR BIDS IOWA CITY SENIOR CENTER EXTERIOR REPAIR Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 8th day of August, 1995, and shall be received in the City Clerk's office no later than said date and time, Sealed pro- posals will be opened immediately thereafter by the City Engineer. Bids submitted by fax ma- chine 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 7:30 P.M. on August 15, 1995 or at such later time and place as may then be scheduled. The Project will involve the following: Exterior masonry restoration, installation of sealant at designated building joints, and instal- lation of three roof vents. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4250 Glass Road NE, P.O. Box 9009, Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examina- tion in the Office of the City Cterk. Each proposal shall be completed on a form furnished by the City, and must be ac- companied in a sealed envelope, ~eparate from the one containing the proposal, by a bid bond executed by a corporation authorized to con- tract 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 con- tract within ten (10) calender days and post bond satisfactory to the City insuring the faithful performance of the contract and main- tenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Checks 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 checks or 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 sureW approved by the City Council, and shall guaran- tee 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) year from and after its completion and formal acceptance by the City. The fo!lowing limitations shall apply to this Project: Working Days: 90 Completion Date: November 1, 1995 Liquidated Damages: (;100.00 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 James L. Schoenfelder, City Architect, Engineering Division, CiW of Iowa City, Iowa, by bona fide bidders. A $35 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 pro- jects. 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 quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documen- tation of all reasonable, good faith efforts to recruit MBEs. A listing of minority Contractors is avail- able at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319/356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of towa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1991), 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 RESOLUTION NO. 95-249 RESOLUTION AUTHORIZING THE ACQUISITION OF BOTH PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE LANDFILL LEACHATE LIFT STATION CONSTRUCTION PROJECT. WHEREAS, the City of Iowa City has undertaken a project to install a leachate sewer from the west side of the landfill to a new lift station on the east side of the landfill, which project is known as the Landfill Leachate Lift Station Construction Project; and WHEREAS, the Project includes installation of new leachate sewer pipe and manholes; and WHEREAS, the City Council has been advised and has determined that the acquisition of both permanent and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary permanent and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said permanent and temporary construction easements at the best overall price and cost to the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire permanent and temporary construction easements for the construction of the improvements included in the Landfill Leachate Lift Station Construction Project, and acquisition of said permanent and temporary construction easements constitutes a valid public purpose, The City Attorney is hereby authorized and directed to negotiate the purchase of permanent and temporary construction easements for the construction of the improvements included in the Landfill Leachate Lift Station Construction Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute permanent and temporary construction Easement Agreements for recordation in the Johnson County Recorder's Office at the City's expense, The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event permanent and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemna- tion proceedings for the acquisition of such permanent and temporary construction easements, Resolution No. 95-249 Page 2 Passed and approved this 15th day of Auqust ,1995. ATTEST: ~~2 CITY*CLERK Ap~ C,t~t' orne~eTM It was moved by Novick and seconded by adopted, and upon roll call there were: Throgmorton the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-250 RESOLUTION APPROVING AND AUTHORIZING THE TEMPORARY AND PERMANENT USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY FOR A PORTION OF IOWA AVENUE, IOWA CITY, IOWA WHEREAS, Cedar Rapids and Iowa City Railway Company (CRANDIC) owns, operates and maintains a low clearance train bridge which crosses Iowa Avenue in Iowa City, Iowa; and WHEREAS, Iowa Avenue is one of five Iowa City roadways which cross the Iowa River, thereby connecting the eastern and western portions of the City; and WHEREAS, CRANDIC and the City have searched for safe, effective means of giving warning to motor vehicles which may be too tall to pass under the low clearance train bridge; and WHEREAS, CRANDIC wishes to provide additional advance warning of the low clearance to both eastbound and westbound Iowa Avenue traffic by means of a warning device using "tattletale chains" which would be suspended above the roadway and would warn motorists if their vehicles were too tall to safely clear the CRANDIC bridge; and WHEREAS, CRANDIC has agreed to contribute up to 96,000 (Six Thousand Dollars) to the City of Iowa City for the installation of the warning device; and WHEREAS, CRANDIC agrees to pay one half of the annual maintenance costs for the warning device; and WHEREAS, the Iowa City Traffic Engineering Division finds that CRANDIC's request to install the warning device will not adversely affect the City's interests; and WHEREAS, the University of Iowa, the abutting property owner, has agreed to this installation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: It is in the public interest to permit the installation of a warning device consisting of tattletale chains installed to overhang both lanes of traffic east and west of the CRANDIC railway bridge at Iowa Avenue, The City of Iowa City will install said warning device at a cost to CRANDIC not to exceed 96,000 (Six Thousand Dollars). CRANDIC will reimburse City for the installation cost. CRANDIC will pay to the City of Iowa City each year one-half of the annual cost of actual maintenance of the warning device, W?O Resolution No. 95-250 Page 2 ,. The Easement Agreement attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Easement Agreement, for recordation in the Johnson County Recorder's Office, at CRANDIC'S EXPENSE. Passed and approved this 15th day of August ,.1995. CITY-CLERK pw~rat~cmndic,ms Resolution .No. 95-250 Page 3 It was moved by Bake~ and seconded by adopted, and upon rolF call there were: Pigott · AYES: NAYS: ABSENT: X X the Resolution be Baker Horowitz Kubb¥ Lehman Novick Pigott Throgmorton EASEMENT AGREEMENT FOR THE TEMPORARY AND PERMANENT USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY FOR A PORTION OF IOWA AVENUE, IOWA CITY, IOWA This Easement Agreement is made between the Cedar Rapids and Iowa City Railway Company (CRANDIC) and the City of Iowa City, Iowa, a municipal corporation (City). WHEREAS, CRANDIC owns, operates and maintains a low clearance train bridge which crosses Iowa Avenue in Iowa City, Iowa; and WHEREAS, Iowa Avenue is one of five Iowa City roadways which cross the Iowa River, thereby connecting 'the eastern and western portions of tile City; and WHEREAS, CRANDIC and the City have searched for safe, effective meaqs of giving warning to motor vehicles which may be too tall to pass under the low clearance train bridge; and WHEREAS, CRANDIC wishes to provide additional advance warning of the low clearance to both eastbound and westbound Iowa Avenue traffic by means of "tattletale chains" which would be suspended above the roadway and would indicate to motorists if their vehicles were too tall to safely clear the CRANDIC bridge. NOW, THEREFORE, in mutual consideration of the promises herein, CRANDIC and the City agree as follows: It is in the public interest for the City to grant to CRANDIC a permanent easement for use of public right-of-way, to permit installation of the warning device known as tattletale chains on Iowa Avenue in Iowa City, Iowa. Said device will be installed by City and be suspended across both eastbound and westbound lanes of traffic, at a height sufficient to give warning of the low clearance train bdduu owne. d, operated and maintained by C~ANDIC. City agrees to install the warning device in the public right-of-way, and CRANDIC agrees to pay for said installation in an amount not to exceed 96,000 (Six Thousand Dollars). CRANDIC will re-imburse City for the cost of the installation. City agrees to maintain the warning device in a reasonably safe and workerlike manner and CRANDIC agrees to pay one half of City's annual maintenance costs. More specifically, City will provide to CRANDIC, annually, a statement for one-half of the annual maintenance costs which City incurs in maintaining the warning device. This statement will include amounts required to repair damage which the device may sustain from collision by motor vehicles, or from 2 other accidental or intentional acts of third parties, City and CRANDIC, their successors and assigns, agree to indemnify, defend and hold each other harmless in connection with any liability whatsoever arising out of the other party's negligent acts or omissions in the installation, use, maintenance, location or repair of said warning device located in the Iowa Avenue right of way. City may later require CRANDIC to carry liability insurance coverage, but such coverage is now waived by City. If any required insurance is not maintained, the City shall have the right to remove the warning device, pursuant to §364.12, Code of Iowa (1993). CRANDIC acknowledges and agrees that no property right is conferred by this grant of permission to use the Iowa Avenue right-of-way for placement of the warning device; that the City is not empowered to grant a permanent use of its street right-of-way for private purposes; and that the City may order said warning device to be removed at any time, if, for any reason, the City Council determines that the property on which the warning device is located is needed for a public use and/or should be cleared of any or all obstructions, as provided by state law. This Easement Agreement for location of the warning device described above shall constitute a covenant running with the land and with the title to the land, and shall be binding upon and inure to the benefit of the respective heirs, successors in interest and assigns of both parties, and shall be recorded in the Johnson County Recorder's Office at CRANDIC's expense. City and CRANDIC acknowledge the abutting property owner, the University of Iowa, has agreed to the installation of said warning device. Dated and signed this /~dday of (~)~ , 1994, CITY OF IOWA CITY, IOWA [ Susan M. Horowitz, Mayor Attest:..._~'..~.. ~. /~ Marian K. Karr, City Clerk CEDAR RAPIDS AND IOWA CITY RAILWAY~NDIC) - ·· /- 3 Approved by ,, / CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~W'~ day of undersigned, a Notary Public in and~ rtl~e State of Iowa, ' 199~, before me, the personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the 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._-,,~/~ passed (the Resolution adopted) b.~lhe City Council, under Roll Call No. - of the City Council on the /.5' day of ~,z~x~- , 199~, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Io a CORPORATE ACKNOWLEDGEMENT STATE OF !OWA ~m~ COUNTY SS: On this 17th day of oct:ober , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ?aul H. ~ea~gen and S~ephe.~ W. Sou~hwick , to me personally known, who, being by me duly sworn, did say that they are the ¥ice P~esident and secre~--y , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that ff~~(the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Paul H. Treangen and Stephen W. Southwick as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State