HomeMy WebLinkAbout1995-09-26 ResolutionRESOLUTION NO. 95-283
RESOLUTION APPROVING THE PUBLIC HOUSING MANAGEMENT ASSESS-
MENT PROGRAM (PHMAP) CERTIFICATION OF THE IOWA CITY HOUSING
AUTHORITY.
WHEREAS, the Public Housing Management Assessment Program (PHMAP) implements Section
502(a) of the National Affordable Housing Act of 1990 (NAHA) and evaluates the performance
of public housing agencies (PHAs) in major areas of management operations; and
WHEREAS, the Department of Housing and Urban Development (HUD) requires approval by
formal resolution of the executed Certification which is in compliance with federal regulations; and
WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public
Housing Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, in its capacity as the City of Iowa City Housing Authority that the PHMAP Certification be
approved.
Passed and approved this 26th day of September
,1995.
CI
It was moved by Kubbv
adopted, and upon roll call there were:
AYES: NAYS:
X
x
x
x
x
x
x
II!sassl~3hma,oc~res
City Attorney's Office
and seconded by
Pigott
the Resolution be
ABSENT:
. Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO. 95-284
RESOLUTION APPRQVING THE PRELIMINARY AND FINAL PLAT OF DONOHOE
FOURTH SUBDIVISION, JOHNSON COUNTY, IOWA,
WHEREAS, the owners, Lyle G. and Dorothy Donohoe, filed with the City Clerk the preliminary
and final plat of Donohoe Fourth Subdivision, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Johnson
County, Iowa, to wit:
A resubdivision of Lot 2 Donoboe 3rd Subdivision, situated in Section 25,
Township 79 North, Range 7 West of the 5th P.M., Johnson County, Iowa.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said final plat and subdivision be accepted and approved;
and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter
354, Code of Iowa {1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
Passed and approved this 26th day of September , 1995.
CORPORATE SEAL
O~fy Z'/
,:- 159-1 ;'-'s.,' 110 7L-
Resolution No. 95-284
Page 2
It was moved by R.~.,. and seconded by
adopted, and upon rol~ call there were:
the Resolution be
· AYES: NAYS: ABSENT:
x ~
Baker
Horowitz
Kubby
Lehman
Novick
__ Pigott
Throgmorton
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB95~0019, Donohoe Fourth Subdivision
GENERAL INFORMATION:
Applicant;
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Prepared by: Scott Kugler
Date: September 7, 1995
Lyle Donoboe
1931 Calvin Avenue
Iowa City, Iowa 52240
Phone: 338-8401
MMS Consultants
1917 Gilbert Street
Iowa City, Iowa 52240
Phone: 351-8282
Preliminary and final plat approval.
To allow a two lot commercial subdivi-
sion.
South side of Highway 1 at its intersec-
tion with Landon Road.
Subdivision: 11.35 acres.
Lot 1 is currently vacant, zoned CP-2,
Planned Commercial; Lot 2 contains a
towing business, zoned CH, Highway
Commercial.
A1, Rural; CH, Highway Commercial.
The Fringe Area 1 policy does not con-
ternplate commercial zoning in this
area. Rather, agricultural uses are
preferred.
Fringe Area Agreement; City Code
Chapter 14-7, Land Subdivisions.
May 25, 1995
Waived to September 7, 1995
2
BACKGROUND INFORMATION:
The applicant, Lyle Donohoe, has submitted a request for preliminary and final plat approval
of Donohoe Fourth Subdivision, an 11.35 acre, two-lot commercial subdivision located on the
south side of Highway 1 at its intersection with Landon Road, Lot I of the proposed
subdivision is currently vacant with the exception of a small storage building, and was
recently rezoned to CP-2, Planned Commercial, despite a recommendation of denial by City
Council. Lot 2 contains a towing operation and is zoned CH, Highway Commercial.
ANALYSIS:
Compliance with Subdivision Regulations: The proposed plat appears to meet the
requirements of the City's subdivision regulations for preliminary and final approval, However,
legal papers must be approved by the City Attorney's Office prior to Council consideration of
the final plat.
Highway I Traffic Safety: As discussed during the rezoning process, the Fringe Area
Agreement does not allow for commercial zoning in this location. Regardless, the County
Board of Supervisors approved the rezoning of Lot 1 for commercial uses. Because the plat
meets the requirements of the subdivision regulations, the City has no basis to deny the plat
unless the plat would create a public safety problem. In this case, staff feels that commercial
development along Highway I in this location could result in traffic safety problems if
vehicular access is left unrestricted. Therefore, staff recommends that new direct access
drives to Highway I from the undeveloped Lot 1 be prohibited, and that the only access to
Lot I be through the existing access easements. There are already two access easements
located on or adjacent to this lot, and a third located near the east line of Lot 1 on the
adjoining property. Allowing additional driveways to be created would result in additional side
friction and inhibit public safety along Highway 1, which is nearing capacity. A note has been
added to the plat which addresses this concern.
STAFF RECOMMENDATION:
Staff recommends that SUB95-0019, a request for preliminary and final plat approval of
Donohoe Fourth Subdivision, be approved subject to the approval of legal papers by the City
Attorney's Office prior to Council consideration of the final plat.
ATTACHMENTS:
1. Location Map.
2. Preliminary and Final Plat.
Approved by:
~, Directo~(~~~
Department of Planning and
Community Development
3~
:
31 I :
I
FOLLOWING IS "~ ~
BEST DOCUINT AVAILABLE
7~ '
~o
RESOLUTION NO,
RESOLUTION APPROVING FINAL PLAT OF DONeHOE FOURTH SUBDIVISION,
JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Lyle G. and Dorothy Donehoe, filed with the City Clerk the final plat
of Donehoe Fourth Subdivision, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real
County, Iowa, to wit:
in Johnson
A resubdivision of Lot 2 Donehoe 3rd Subdivision,
Township North, Range 7 West of the 5th P.M., Johr
in Section 25,
County, Iowa.
WHEREAS, the
Department examined
ant of Planning and Community DE
final plat and subdivi
~ment and the Public Works
recommended approval; and
WHEREAS, the Planning
recommended that said final
Commission exar
zion
the final plat and subdivision and
and approved; and
WHEREAS, a dedication has
the free consent and in ac<
nade to the
with the
and the subdivision has been made with
of the owners and proprietors; and
WHEREAS, said final plat and
Iowa (1995) and all other state and
found to conform with Chapter 354, Code of
uirements.
NOW, THEREFORE, BE IT RESOLVE
IOWA, THAT:
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
The final plat and subd
same are hereby
on the above-described real estate be and the
The City accepts
specifically sets a
for public acces,,
of the
of the ~
of recordin
eats and easements as provided by law and
land, namely streets, as not being open
public safety reasons.
The Mayor m
directed, up~ by the City Attorm
to said and to certify a copy of
the final after passage and approval by law.
legal dec ~ents and the plat at the office of the
Iowa.
City Clerk of the City of le City, Iowa, are hereby authorized and
execute all legal documents relating
resolution, which shall be affixed to
/subdivider shall record the
Recorder of Johnson County,
Passed and 3roved this . day of
,1995.
ATTEST:
CITY CLERK
ppdBdmm~,donohoe4.ro8
MAYOR
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF KENNEDY'S
ADDITION, PART THREE, IOWA CITY, IOWA.
WATERFRONT
WHEREAS, the owners, Paul M. & Mary F. Kennedy and Southgate Development Company,
filed with the City Clerk the final plat of Kennedy's Waterfront Addition, Part Three, Iowa City,
Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Commencing at the Northeast Corner of Section 22, Section 79 North, Range
6 West, of the Fifth Principal Meridian; Thence S89°32'O0"W, (A RECORDED
BEARING), 2604.28 feet, to a Point on the West Right-of-Way line of the
CRANDIC Railway Co. (formerly the Chicago, Rock Island and Pacific Railroad),
and the Northeast Corner of Lot 1, of Kennedy's Waterfront Addition, Part One,
in accordance with the plat thereof Recorded in Plat Book 22, at Page 56,.of
the Records of the Johnson County Recorder's Office; Thence N89°22'49"W,
along the North Line of said Lot 1, the Westerly Projection thereof, and the
Northerly Line of Lot 1, Kennedy's Waterfront Addition, Part Two, in accor-
dance with the Plat thereof Recorded in Plat Book 29, at Page 37, of the
Records, of the Johnson County Recorder's Office, 996.00 feet, to the
Northwest Corner of Said Lot 1, of Kennedy's Waterfront Addition, Part Two,
and.the Point of Beginning; Thence S00°27'35"W, along the West Line of Lots
1, 2, 3, and 4, of said Kennedy's Waterfront Addition, Part Two, 380.00 feet,
to the Southwest Corner of said Lot 4; Thence S89°22'49"E, along the South
Line of said Lot 4, 211.98 feet, to the Southeast Corner of Said Lot 4, and a
Point on the Westerly Right-of-Way Line of South Gilbert Street; Thence
Southeasterly, 370.83 feet, along a 5146.16 foot Radius Curve, concave
Northeasterly, whose 370.75 foot chord bears SO3°10'27"E; Thence
N89°32'25"W, 535.48 feet, to a Point on the East Line of a 7.33 Acre Tract,
in accordance with the Warranty Deed, Recorded in Deed Book 389, at Page
447, of the Records of the Johnson County Recorder's Office; Thence
NOO°27'35"E, along said East Line, 200.00 feet, Thence N89°32'25"W,
50.00 feet; Thence SOO° 27'35"W, 94.83 feet; Thence S53°50'00"W, 102.03
feet; Thence N87°50'00"W, 440.00 feet, Thence N10° 16'47"W, 17.75 feet;
Thence NO1°24'29"E, 363.14 feet; Thence N13°13'00"E, 187.17 feet;
Thence N20°24'28"E, 251.69 feet; Thence N19°39'15"E, 152.26 feet;
Thence N24°57'O9"E, 281.99 feet; Thence N17°46'41"E, 341.20 feet;
Thence NO8°26'22"E, 351.68 feet; Thence N00°48'24"W, 232.54 feet, to
a Point on the Southerly Right-of-Way Line of Highway No. 6; Thence
S71 °02'40"E, along said Right-of-Way LIne. 120.00 feet; Thence
S36 °38'09 "E, along said Right-of-Way Line, 88.48 feet; Thence S70° 59'59 "E,
along said Right-of-Way Line, 250.04 feet; Thence S85°O4'50"E, 99.68 feet;
Thence S02°22'15"E, 419.55 feet; Thence N87°43'30"E, 68.07 feet, to the
Northwest Corner of Lot 12, of Sand Lake Addition. in accordance with the Plat
thereof Recorded in Plat Book 10, at page 23, of the Records of the Johnson
County Recorder's Office; Thence S05° 13'30"E, along the West Line of Said
Lot 12, of Sand Lake Addition, 121.27 feet; Thence S34°27'11 "W, along the
West Line of Said Lot 12, of Sand Lake Addition, 127.85 feet, to the Northeast
Corner of Lot 9 of said Sand Lake Addition; Thence S52°27'1 I"W, along the
West Line of Said Lot 9, 60.00 feet; Thence S82°27'11 "W, along said West
Line, 85.00 feet; Thence S24°27'11 "W, along said West Line, 65.00 feet, to
' the Northwest Corner of Said Lot 9, and the Northeast Corner of Lot 8 of said
Resolution No.
Page 2
Sand Lake Addition; Thence S44°27' 11 "W, along the Westerly Line of Said Lot
8, 170.00 feet, to the Northwest Corner of said Lot 8, and the Northeast
Corner of Lot 7 of said Sand Lake Addition; Thence S70°11'24"W, 133.41
feet; Thence S24°01 '45"W, 113.86 feet; Thence S11 °25'53"W, 83.96 feet;
Thence S37°53'34"E, 131.85 feet, to a point on the West Line of Lot 6 of said
Sand Lake Addition; Thence S00°37'11 "W, along said West Line, 7,36 feet to
the Southwest Corner of Said Lot 6; Thence S89°22'49"E, along the South
Line of Said Lot 6, 277.53 feet, to the Point of Beginhing, Said Tract of Land
contains 31.23 acres, more or less, and is subject to easements and restrictions
of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and ·
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clark of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law. The City C;c,'k shall also record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa, at the expense of the owner/subdivider.
Passed and approved this day of ,1995.
ATTEST:
CITY CLERK
ppdednq~ntkennedy3,res
MAYOR
C tY A t'°rn9-
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB95-0026. Kennedy's Waterfront
Addition - Part Three
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose;
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
60-day limitation period:
Prepared by: Scott Kugler
Date: September 7, 1995
Southgate Development, Inc.
Suite 400, Commerce Center
Iowa City, Iowa 52240
Phone: 337-4195
MMS Consultants
1917 South Gilbert
Iowa City, Iowa 52240
Phone: 351-8282
Final plat approval.
To create a 12-lot subdivision.
South of Highway 6 between Gilbert
Street and the Iowa River.
31.23 acres.
Vacant, C1-1.
North: Commercial, C1-1;
East: Commercial, C1-1;
South: Vacant, C1-1;
West: Iowa River.
Intensive commercial.
Chapter 14-7, Land Subdivisions.
July 27, 1995
September 11, 1995
September 25, 1995
2
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
City water is available to this site.
Sanitary sewer service will be available
upon the construction of the South
River Corridor Interceptor sanitary sew-
er, which is likely to be constructed in
1998. If any of these lots are to be
developed prior to that time, a private
lift station will be required at the ex-
pense of the applicant.
Police and fire protection will be provid-
ed by the City. Trash removal must be
provided through a private service.
Both Stevens Drive and Southgate
Drive will have access to Gilbert Street,
an arterial street. Transit service is
provided to this area by the Lakeside
route, with a stop at the corner of
Waterfront Drive and Gilbert Street.
BACKGROUND INFORMATION:
The applicant, Southgate Development, Inc., is requesting final plat approval of Kennedy's
Waterfront Addition, Part Three, a 31.23 acre, 12-lot commercial subdivision. This site is
located south of Highway 6 between Gilbert Street and the Iowa River. The preliminary plat
for this area was approved in June of 1994, subject to the legal papers for the final plat
addressing the need to provide sanitary sewer service and to extend Southgate Avenue.
ANALYSIS:
This request will be evaluated in terms of the plat's compliance with the City's subdivision
regulations and design standards, and its conformance with the approved preliminary plat for
this property.
Compliance with Subdivision Regulations: The proposed final plat has been reviewed with
respect to the City's subdivision regulations and design standards and appears to be in
compliance, although Public Works has identified a few minor technical deficiencies on the
most recent plat. It is anticipated that the plat will be corrected and approved by Public
Works before the September 7 meeting. Legal papers and construction drawings will have
to be approved prior to Council consideration of the plat. The legal papers should address the
conditions placed on the approval of the preliminary plat, dealing with providing sanitary
sewer to the site and the dedication of the right-of-way for the future extension of Southgate
Avenue (located off-site), The legal papers currently do not address these items. The
Commission's action regarding this plat should be subject to these items being satisfactorily
addressed in the legal papers prior to City Council consideration.
3
Lots 6 and 7 are the only lots within this subdivision that have frontage on Gilbert Street, The
plat contains a note prohibiting direct drive access to these lots from Gilbert Street in order
to minimize the number of curb cuts onto an arterial street.
Conformance with Approved Preliminary Plat: The street and lot configurations shown on the
final plat appear to be in general conformance with the preliminary plat. The trail easement
shown on the preliminary plat is also included on the final plat. The dedication of the right-of-
way for the future extension of Southgate Avenue is shown on the plat, but will have to be
addressed on a separate plat as that property is outside of the subdivision boundaries. Public
Works is currently working with the applicant regarding this and other off-site issues. The
only issues left outstanding from the preliminary plat are those associated with the legal
papers as mentioned above.
STAFF RECOMMENDATION:
Staff recommends that SUB95-O026 be approved, subject to the following occurring prior to
Council consideration of the final plat: 1) the approval of construction drawings by Public
Works; 2) tile approval of legal papers by the City Attorney's Office which address the
conditions placed on the approval of the preliminary plat; and 3) final approval of the plat by
Public Works.
ATTACHMENTS:
1. Location Map.
2. Final Plat,
Approved by: 'K 'anFran;D~tin~
Karl Franklin, Director
Community Development
LOCATgON MAP
SUIBQ6-OOZ6
F, ENNIEDY°$ WATERFRONT ADD., PT ,~
II
MUNICIPAL
AIRPORT
c;TURGic;
FERRY
PARK
FOLLOWINQ 18 ,4,, ~
BEST DOCUMENT AVAILABLE
~_~ ...~..~---.~::~,,F. INAL PLAT
............................ · ~-~'~ ................-.'KENNEDY'S WATERFRONT
.. '-'., -.-. ,ADDITON - PART THREE
: !" ,"/.,"" iIOWA CITY, IOWA
'i ,,~.',,t ,.''~ · f . ,," : I,I~,~ DESCRII:~ON
,''!" ':
~" ,'' , " ,":'~ r,
RESOLUTION NO. 95-285
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
SANITARY LANDFILL FY91 COVER AND FY96 CELL CONSTRUCTION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
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.
Rids for the above-named project are to be received by the City of Iowa City, Iowa, at
the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 17th day of
October, 1995. Thereafter the bids will be opened by the 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 24th day of October, 1995, or at such later time and
place as may then be fixed.
Passed and approved this 26th day of September , 1995.
ATTEST: 7'~ CI~'Y CLERK
Approved by
City Attorney's Office
~'_ ,~?/_ ~,_~'
Resolution No. 95-285
Page 2
It was moved by Novick and seconded by
adopted, and upon roll-call there were:
Lehman
· AYES: NAYS: ABSENT:
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
/
|
~OWA
........ ~"Y 81 CELL
SANBTARY
L, ANDF~LL
' FY 83 CELL
iFY 86 CELL
!:i,!:: ! '[ .......... .........
|.'. :~!' p '.!', '!':,;'2..~Ioi.:
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! FY 95 CELL]i FY el CELL.o.,""".
I ii ','o .E covE.ED..--"""
RESOLUTION NO. 95-286
RESOLUTION AUTHORIZING CONVEYANCE OF A TWENTY-FOOT WIDE,
VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF GILBERT
COURT, IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILWAY AND
IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO
BERNARD AND JOANNA MILDER
WHEREAS, the City Council has considered and passed an ordinance vacating a twenty-foot
wide alley right-of-way located east of Gilbert Court, immediately south of the Iowa Interstate
Railway and immediately north of Lot 4 of Block 3, Lyon's Addition; and
WHEREAS, Bernard and Joanna Milder own the property adjacent to the right-of-way; and
WHEREAS, Mr. and Mrs. Milder have offered to purchase 1040 square feet of the right of
way for the price of 55¢ per square foot, the higher range suggested by the City Assessor,
based on the assessed value of the property; and
WHEREAS, the City does not need the portion of the right-of-way to provide access to
property in the area; and
WHEREAS, the City will retain a five foot easement along the north edge of the subject
property for maintenance of the storm sewer and drainage ditch located along the north
portion of the vacated alley; and
WHEREAS, on September 12, 1995, the City Council adopted Resolution 95-278 declaring
its intent to convey its interest in the vacated right-of-way, authorizing public notice of the
proposed conveyance, and setting the date and time for public hearing; and
WHEREAS, follo~ving public hearing on the proposed conveyance, the City Council finds that
the conveyance is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying
the City's interest in the following described 1040 square feet of property to Bernard
and Joanna Milder, for and in consideration of the sum of $572.00, subject to the City
reserving and retaining a five foot easement for maintenance of the storm sewer and
drainage ditch in a location to be determined by the Public Works Department:
That portion of the 20 foot wide alley located east of Gilbert Court and immediately
south of the Iowa Interstate Railway which lies north of and adjacent to Lot 4, Block
3, Lyon's First Addition, Iowa City, Iowa.
The Mayor and City Clerk are further authorized to execute and attest an easement
agreement for the retention of a five foot easement for maintenance of the storm
sewer and drainage ditch in a location to be determined by the Public Works
Department.
The City Attorney is authorized to deliver said Quit Claim Deed to Bernard and Joanna
Milder. The deed, easement agreement and other documentation required by Iowa
Resolution No. 95-286
Page 2
Code §364.7 (1995) shall be recorded by the City Clerk in the Johnson County
Recorder's Office at Mr, and Mrs. Milder's expense,
Passed and approved this 26th day of September , 1995.
~_Ct
Resolution No. 95-286
Page 3
It was moved by Lehman and seconded by
adopted, and upon rol~ call there were:
· AYES: NAYS:
Novick
ABSENT:
the Resolution be
Baker
· Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
RESOLUTION NO. 95-287
CONSIDER A RESOLUTION ACKNOWLEDGING THE CONVICTION OF SINCLAIR
RETAIL FOR SALES OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE
LEGAL DRINKING AGE, AND IMPOSING A ~300.00 CIVIL PENALTY TO BE
PAID TO IOWA CITY.
WHEREAS, on July 25, 1995, Sinclair Oil Corp., was convicted in Johnson County Magistrate
Court, Docket No. SMSMO08847 of violating Iowa Code section 123.49(2)(h) as a License
Holder under Iowa's liquor laws and a copy of said conviction is attached hereto and
incorporated by reference herein; and
WHEREAS, the acts of an agent or employee of a Lisense Holder are imputed to the License
Holder, even if a corporation; and
WHEREAS, at the time of the above violation and conviction, Brian Bazyn was an employee
of Sinclair Retail//14025; and
WHEREAS, said conviction constitutes a first conviction within a two (2) year period; and
WHEREAS, Iowa Code Section 123.50(3)(a), as amended, provides that a License Holder who
violates said section shall be assessed a civil penalty in the amount of $300.00, and that local
authorities shall retain such civil penalties2but only if the local authority exercises this power
and imposes the penalty; and
WHEREAS, Iowa City as the local authority wishes to avail itself of said penalty provisions
against Sinclair Oil Corp.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
that:
Based on the authority of the above-cited sections, the City Council hereby imposes a
civil penalty in the amount of s3oo.od against Sinclair Oil Corp. pursuant to Sinclair
Retail #14025, License/Permit No. BC 13743 ("License Holder").
Said License Holder shall have thirty (30) days from the date of notice of this
Resolution to pay such penalty in full to the City of Iowa City and License Holder is
hereby put on notice that failure to pay this penalty shall result in a fourteen {14) day
suspension of the liquor license and/or beer permit held by the License Holder.
m
The City Clerk of Iowa City is hereby directed to notify the License Holder of this action
by providing a certified copy of this Resolution to License Holder by certified mail,
return receipt requested.
Sinclair as License Holder is further notified that License Holder has the right of appeal
to the Alcoholic Beverages Division of the Department of Commerce by filing written
notice of appeal with both the City of Iowa City and said Division within twenty-one
(21) days from the date of service of this Resolution.
The City Clerk is further directed to mail a copy of this Resolution to Licensing Bureau,
Alcoholic Beverages Division, Department of Commerce, 1918 S.E. Huisizer Avenue,
Ankeny, Iowa 50021.
9o7
Resolution No. 95-287
Page 2
Passed and approved this 26th
ATTEST: CiTric) ~.
day of September , 1995.
Approved by
~'s Office
It was moved by Novick and seconded by
adopted, and upon roll call there were:
Kubby
AYES: NAYS: ABSENT:
x
X
X
X
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
__ Pigott
Throgmorton
IN THE DISTRICT ~;O T OF IOWA IN AND FOR JOHNSON COUNTY 95032/+65
S'~'ATE .OF IOWA <o ' '
CITY OF IOWA TY IOWA
vs. ' 1995 cLERt<'s NO. IN NaAG- AggrMIs
S:!.nclair il Corp. ucc~,n,.- srcl O a SR · Serl Mie
NAME I N DATE OF BIRTH a FE - Felony
P.o. B x 30825 ':' t ~=. ' { -4 O OW-OWl
h 84130-0825 SOCIAL SECURITY NO. .
RACE SEX HGT. WGT. HAIR
Siaclair Oil Corp. ~s accused of the crime of
providing alcohol to persons under the legal age
in violation of Section ],23. ~,9 (2hi of the Iowa Criminal Code or Ordinance No.
of the City of Iowa City in that (he) {she) did, on or about the 09 day of July ,19 95 , at
(Time:) ],8=30 {Location:) S~Jiclair, H. Dodge in Johnson County, State of Iowa
Sell an alcoholic beverage to a person knowing or failing to exercise ~d~bnabie care to
to ascertain whether the person is under the lega~~
O O-Custody-OnV]ew aHis. O N~HIS. Droll, Hart
"~q{,S-CIted&Reisssed ORes, O No~-Res. I. COMPLAINANT
O T - CuStody - Waftant/Prior An1,,ed: O Yes O No .,-
I, -the undersigned. complainant, being-fket~d~ly, s~,,/grR. o~ {4~l,h,-do. hereb;S~depos,e and state IJDelieve the above-named D~fen-
dam committed the above named public offense ba~d on the following facts: On 07 09 95 at 22: 10. I atoppad
a Juvenile in the Linn St lot for constaining a ZIMA GOLD. The Juvenile stated that she
purchased the alcohol at the Sinclair station on N. Dodge at approximately 18:30 that
same ~vening. She gave a written statement saying that at no time was she asked nor
did she ever provide any form of identification to the Sinclair employee. The Juvenile
that purchased the ZIMA lhas a very youthful appearance therefore it was not reasonable
for the Sinclair employeeSnot to check her for proper ID.
· -~-- D,A. DROLL #46
LIQUOR LICENSE tiBC 13743. \ ~ COMPLAINANT
C ';''~''~C''~~°r° 19 q,
(Dep urt ;r c~al
I hereby promise to appear in Said Court at /+],7 S, Clinton St;, Johnson County onr'b~'.';9~. ,,~
'.' ,i, ""
on or before 08: O0 AM 07 / 25 / ! 995 . Anyone whd'Willfuliy f~ils to appear
in court as specified shall be guilty of a misdemeanor. The court may then issue a warrant of arrest for the defendant as
specified in Section 805.5 of the Code of Iowa. ~ ~D~"'
r__./' ./"' FENDANT
IOWA CiTY POLICE
WHITE-Court
YELLOW-Court PiNK-Defendant GOLD.Records/( Ilicet
l, the undersigned Judicial Magistrate, have determined from the complaint that there is probable cause to believe that the
Defendant named in the complaint committed the public offense as charged on the reverse side.
Dated this day of' r '-., - ~" · 19
JUDICIAL MAGISTRATE
Resolution No. 95-288
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF
TRANSPORTATION FOR USE OF CITY STREETS AS A DETOUR,
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department
of Transportation, a copy of said agreement being attached to this resolution and by this
reference made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement forthe
use of City streets as detours with the Iowa Department of Transportation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA. THAT:
The City Council finds the attached Agreement and its Addendure to be in the public
interest, and said agreement is hereby approved as to form and content.
The Mayor and City Clerk are hereby directed to execute the attached Agreement and
its Addendum.
Passed and approved this 26th day of September
,1995.
CITY CLERK
.
APPLY's
It was moved by ~9viclt and seconded by
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
×
X
X
X
X
X
the Resolution
Baker
Horowitz
. Kubby
Lehman
Novick
Pigott
Throgmorton
Iowa Department of Transportation
~ AGREEMENT FOR USE OF E~] CITY STREETS
SECONDARY ROADS AS DETOURS
Th~$agreerne~tenlere~anlolhls 7th dayo~ __ September ~9__95 byandl3etweenlhel~,YamepMmenlol
WHEREAS. ThePar~meR~tPanha~de~rmmedtnenece~to Close the Southwest loop of the
i-80 and Z-380 InterChanqe durinq portion of the time the additional
eastbound lane of h80 is being built tn that area.
8rid
WHEREAS. The Party OI the Second Parl agree~ to permit the usa of ~ owa C i tY [] Secondary roads
between U,S, 218 southbound off-ramp to U,S, 218 northbound on-ramp,
and
WHEREAS. pattyolffieFlrsIPadagrees(pte-deto~tma~tenance) TO perform any necessary upgrading of
siqns and pavement markings, where applicable, to Iowa Department of
Transportation Standards (See Addendum) and
[] C,ty {~ ~W mmel
WHEREAS, llmdetou~penodssesllm~tedtobegm between April 1, 1996 ~de~ Nove~er 1, 1996
AtteSt TO
Dam
Addendum to Agreement to Use
Iowa City City Roads as a Detour
Compensation for use of gelrose Avenue as a Primary Road Detour will be
based on an estimate of the repairable damage Nhtch occurred as result
of the detour. This estimate will be determined and agreed to by
authorized respresentatives of the City of Iowa City and the Iowa
Department of Transportation
RESOLUTION NO, 95-289
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF
CEDAR RAPIDS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE FIRST AVENUE IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City desires to improve First Avenue from Muscatine Avenue to
approximately 1,000' north to provide capacity improvements necessary for development of
the Eagle's Foods site; and
WHEREAS, the City of Iowa City desires to contract for the design of pavement, sidewalk,
storm sewers and box culvert; construction inspection services; project administration;
adjacent property owner liaison services; and other special services; and
WHEREAS, an Agreement for professional engineering services has been negotiated with
Howard R. Green Company of Cedar Rapids, Iowa; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard
R. Green Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The Consultant's Agreement attached hereto is in the public interest, and is approved
as'to form and content.
The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement, in duplicate.
Passed and approved this 26Lh day of September ,1995.
CITY CLERK
Reaolut|on No, 95-289
Page 2
It was moved by Novick and seconded by
adopted, and upon rol~ call there were:
Pigott
. AYES: NAYS: ABSENT:
X
X
,
X
X
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of September , 1995, by and
between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and
Howard R. Green Company, of Cedar Rapids, Iowa, hereina~er referred to as the Consultant.
WHEREAS, the City desires to retain consulting engineering services as necessary to prepare
plans, specifications, contract documents, and to provide land surveying; construction staking,
observation and contract administration for First Avenue Widening and Intersection improvements
at Muscatine Avenue to approximately 1,000 feet North in the City of Iowa City.
WHEREAS, the City desires to utilize federal surface transportation program funds to pay for a
portion of the construction costs.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract
with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
This Scope of Services includes Easement and Property Acquisition, Plats and Legal Descriptions,
Design and Preparation of Plans, Specifications, and Contract Documents, Construction
Administration, Construction Observation, and Construction Staking for the 1st Avenue Widening
Project described above. All design documents will use the metric system. The Scope of Services
is described in detail below.
A. Easement and Property Acquisition Services:
1. The Consultant shall perform land corner and lot surveys as needed to prepare
acquisition plats (for easements and permanent acquisitions) and legal descriptions
for each parcel. It is anticipated that 2 permanent and 10 temporary takings will be
involved with property acquisitions. Said plats and legal descriptions shall comply with
requirements of the Iowa Code and the City, and shall be prepared by or under the
direct supervision of a duly registered land surveyor under the laws of the State of
Iowa.
2. Consultant shall provide technical advice and assistance to the City during easement
and property acquisition process.
3. The-Consultant shall coordinate title searches and appraisals. The costs for these
services will be paid directly by the City.
B. Design and Plan Preparation:
1. Preliminary Survey and Mapping. Field Survey and mapping services to obtain
existing information relative to project including:
O:~PROJ~164420~CONSULT.AGR
-1-
3,)
Research and Plotting:
a.) Existing Right-of-Way and Property Information, Property pins and Public Land
Survey Monuments
b.) Establishment of vertical and horizontal control, including tie-in to State Plane
Survey Coordinates. Submit calculations and field notes to the City. Tie-in and
set permanent control for future use.
c.) Topographic, centerline, and cross-section survey.
d.) Research and plotting of existing utilities.
e.) Incorporate existing mapping to establish drainage areas and characteristics.
f.) Document and assess existing conditions (e.g. cracked driveways, dying trees,
drainage problems)
Preliminary Design: Preliminary design includes coordination, communications,
meetings with the City Council. City staff, neighbors, and area businesses, project
administration, submittals, and design reviews up to preliminary plan submittal in
addition to the following tasks:
a.) Preliminary Traffic/Signal Design: Obtaining existing traffic counts from the City
and Iowa DOT, providing traffic capacity analysis, to determine lane requirements
for the intersection to accommodate the projected traffic volume. Review impact
of proposed grocery store development on the traffic flows. Coordination with
developers on store access.
b.) Preliminary Road and Utility Design: Development of preliminary plan and profile
drawings, typical cross-sections, staging/traffic control, details, utility
layouts/sizing. and ROW requirements. Also. includes pavement thickness and
storm pipe analysis. Coordination with private and City utilities.
c.) Preliminary Culvert Design: Preliminary storm drainage and structural
analysis/design for roadway culvert. Preliminary analysis of effect of project on
downstream parcels.
d.) Preliminary Specifications and Estimates: preparation of preliminary special
provisions required for the project to supplement the IDOT/Standard
Specifications for Highway and Bridge construction and IDOT Standard Contract
Documents. Preliminary bid item listings, quantities, and opinion of probable
costs.
e.) Funding Documents Preparation: Preparation and submittal of project concept
statement. Assistance with drafting of IDOT Agreement. Other communication
and coordination required to obtain funding. Investigation of project eligibility for
Traffic Safety Funds and ISTEA Air Pollution Reduction funding.
Final Design: Final design includes coordination, communications, meetings, project
administration, submittals, permitting, and design reviews up to bid letting in addition
to the following tasks:
a.) Final Traffic Signal Design: Final design and drafting of traffic signal modifications
at Muscatine Ave./lst Avenue intersection. Final intersection geometric design.
O:\PROJ~164420~CONSULT.AGR
Rev. 9126/95 - 2 -
Research and Plotting:
a.) Existing Right-of-Way and Property Information. Property pins and Public
Survey Monuments
b.) Establishment of vertical and horizontal control, including tie-in to St e Plane
Survey Coordinates. Submit calculations and field notes to the City ie-in and
set permanent control for future use.
corporate existing mapping to establish drainage areascharacteristics.
f.) D ument and assess existing conditions (e.g. cracked crays, dying trees,
oblems)p
2. Prel reliminary design includes co communications,
submittals, and p to preliminary plan
~ the following tasks:
a.) Preliminary
for the
of proposed grocery
developers on store
b.) Preliminary Road
drawings, typical
layouts/sizing, and ROW requi~
storm pipe analysis.
c.) Preliminary Culvert Desi
analysis/desig~
downstream parcels.
d-) Preliminary Speciflcati
provisions required
Specifications for
Documents.
costs.
e.) Funding
statement.
Traffic
inal Design: Obtainin traffic counts from the City
traffic ca to determine lane requirements
Review impact
on the traffic flows. Coordination with
of preliminary plan and profile
staging/traffic control, details, utility
nts. Also, includes pavement thickness and
private and City utilities.
lary storm drainage and structural
tinary analysis of effect of project on
and Estimates:
the project to
and Bdd
bid item listings,
9paration of preliminary special
the IDOT/Standard
and IDOT Standard Contract
and opinion of probable
Preparation: Preparation
with drafting of IDOT Ag~
required to obtain funding.
Funds and ISTEA Air Pollution Reduction
of project concept
Other communication
]ibility for
3.)
admin
to th
Final design includes coordination,
submittals, permitting, and design reviews up to
tasks:
ect
in addition
Final Traffic Signal Design: Final design and drafting of traffic s
at Muscatine Ave./lst Avenue intersection. Final intersection
design.
4420~CONSULT.AGR
b.) Enal Road and Utility Design: Final design and contract documents for plan and
profile drawings, typical cross-sections, details, staging/traffic control plans, storm
water layout, utility adjustments (water, sanitary), ROW plans, construction notes
and schedules, Erosion Control, and demolition/removal plans.
c.) Final Culvert Design: Final design and drafting, for layout, sizing, and details for
roadway culvert. Report on effect of improvements on downstream users.
d.) Final Specifications and Estimates: Preparation of special provisions to Iowa DOT
Standard Specifications of Highway and Bridge Construction. Tabulation of
quantities for bid proposal form. Provide engineers opinion of probable cost.
e.) Regulatory Permits and Approvals: Preparation and submittal for approval of
Joint Application to IDNR & Corps of Engineers for construction permit.
Preparation and submittal for approval of Project Development Certification to
Iowa DOT.
C. Construction Administration:
Construction administration includes tasks listed below. Estimated fees are based on a 70
working day construction period, including 8 hours/day inspection over the construction
period.
1)
Clarification or interpretation of plans and specifications to the contractor, and
assisting in resolving conflicts that arise in performance of the construction work. and
coordination with the public and adjacent property owners. Engineer shall review shop
drawings and other submittals for conformance in Contract Plans and Specifications.
Preparing estimates of work completed and approval of partial payment requests
submitted by the contractor. Preparing extra work orders as needed by changing
conditions or other circumstances encountered on the project. Negotiating with the
contractor for contract price adjustments. Performing a final review of completed
construction and preparation of a project "punch list" of incomplete or deficient items
in the performance of work. Preparation of a tabulation of final quantities of work,
recommendations for acceptance of the project, and statement of completion.
Participation in a final audit of project construction quantity estimates, and IDOT
review of construction documentation.
2) Preparation of press releases. Coordination of regular site meetings involving
contractor, utilities, and other interested parties.
3) Preparation of construction record drawings defining the actual location of
improvements and fixtures.
4) Respond to questions and complaints from the public.
D. Construction Observation/Testing:
Construction observation includes tasks listed below. Estimated fees are based on a 70
working day construction period.
O:~PROJ~164420~CONSULT.AGR
-3-
'..'.: ...:( Z,. .:,3 . ;: ' '" ' ' ,, ,,
1)
Field testing of materials incorporated into the project and preparing written reports
that document compliance or non-compliance of construction materials in accordance
with standard IDOT procedures and frequency requirements. Also included is
observing the performance of construction work and advising the contractor and the
City of non-complying work or materials incorporated into the project. Monitoring the
pefforrnanco of assurance tests on the completed project is included. Consultant shall
provide 24-hour phone access to Construction Observer Representative or Project
Engineer.
2)
Maintaining proper documentation of quantities of work completed, materials installed,
and progress of project in accordance with IDOT standard policies and procedures.
Preparation of weekly report of working days, construction period report and daily
diary.
3) Respond to questions and complaints from the public.
Construction S~klng:
One-time construction survey staking adequate to establish the line and grade of all
improvements. Construction staking is to be done according to Iowa DOT Supplemental
Specification No. SS-5005. Minimum paving stakes will consist of offset stakes with grades
at 50-foot intervals on tangents and 25-foot intervals and P.C. & P.T. and high and low
points e~c on all horizontal and vertical curves° Re-establish property pins and public land
survey monuments disturbed by construction.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
It is the City's desire to complete the 1st Avenue widening improvements in the Fall of 1996. The
schedule for providing the engineering services indentified in this contract shall be completed to
achieve the following target dates:
Milestone
MPO Request to IDOT for FYg6 letting
Engineering Contract Approval
IDOT/City Agreement Approval
Preliminary Plan Submittal to IDOT
Final Letting Plans Submittal to IDOT
ROW Certification
IDOT Letting
Date
September 20, 1995
September 26, 1995
October 11, 1995
December 11, 1995
February 5, 1996
February 19, 1996
Apdl 30, 1996
III.
GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
O:~PROJ~164420~CONSULT,AGR
1. To discharge or refuse to hire any individual because of their race, color, religion, sex,
national origin, disability, age, martial status, or sexual orientation.
To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, color, religion, sex, national odgin, disability, age, madtal status,
or sexual orientation.
Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However. such sums shall not be greater
than the upper limit amount listed in Section IV. The City may terminate this Agreement
upon seven (7) calendar days' written notice to the Consultant.
This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
It is understood and agreed that the retention of the Consultant by the City for the purpose
of the Project shall be as an independent contractor and shall be exclusive, but the
Consultant shall have the right to employ such assistance as may be required for the
performance of the Project.
It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to fumish all reasonable assistance in the use of these records
and files.
It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City. Iowa.
At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
The Consultant agrees to furnish, upon termination of this Agreement and upon demand
by the City, copies of all basic notes and sketches, charts, computations, and any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost, and
without restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of
a professional engineer affixed thereto or such seal as required by Iowa law.
The City agrees to tender the Consultant all fees in a timely manner, excepting, however.
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment of the amount sufficient to properly
complete the Project in accordance with this Agreement.
O.~PROJ~164420~CONSULT.AGR
-5-
Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
Original contract drawings shall become the property of the City. The Consultant shall be
allowed to keep mylar reproducible copies for the Consultanrs own filing use.
Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City.
IV. COMPENSATION FOR SERVICES
The fees for the consulting engineering services required to produce the work identified in Section
I, Scope of Services are estimated as follows:
Easement and Property Acquisition:
(paragraph IA)
$12,000 -- 15,000
Design and Plan Preparation:
(paragraph IB)
$ 62,000 -- 77.000
Construction Administration:
(paragraph IC)
$ 34,000 -- 38,000
Construction Observation:
(paragraph ID)
$ 37,000 -- 40,000
Construction Staking:
(paragraph IE)
$ 23,000 -- 26,000
Total Estimated Fees:
$ 168,000 -- t96,000
The consultant should bill the City monthly for services and reimbursable expenses. Payment shall
be due and payable within thirty (30) days of the City's receipt of invoice.
MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that no
other monies or considerations have been solicited.
O-~PRO,R164420~CONSULT,AGR
-6-
FOR THE CITY
By: Susan M. Borowitz
FOR THE CONSULTANT
By: Ralph J, Russell, P.E.
Title: MRyor Title: President
Date: September 26, 1995
Date:
OAPROJ~164420~CONSULT,AGR
-7-
SE~ ~0 '95 E)4:41PM H R GREEN P.2/8
CONSULTANT AGREEMENT
AGREEMENT, made and entered into this day of
~ the City of Iowa City, a municipal corporation, herelnafter referred to as fie
',.Greml_C~y, of~.ibtpi~.J~, heroinefief referred to as the ~
end
, des[ms to retain consulting engineering
contre~t doaumente, and to provide land surveying;
contract administration for First Avenue Widening
ippmximately 1,000 feet North in the City of Iowa
prepare
8taking,
portion
desires to utilize federal surface transportation
costs.
pay for a
by end between the
as set forth heroin.
does now contract
I. 8COPE
Consultant agrees
eefjsrectcry manner.
the following services fo
City. end to do so in a timely and
This 8co;e of Services
Design end Preparation of
Admlnletration,
Projec~ described above.
is deac,,dbed In detail Delow.
Plats and Legal Descriptions,
and Contre~t Decurns ta, Construction
st
A, Easement and
1. The ConSultant shell
acquisition plate
for each parcel. It Is a
involved with
lOWS,
Code
land corner and lot surveys es needed to prepare
and legal deacriptlona
that 2 permanent and 10 temporary takings will be
Said plats and legal des~ptlone shall comply with
City, and shall be prepared by or under the
under the laws of the State of
end
City during easement
coordinate title
City.
and appraisals. The costs for these
1.
Preparation:
Survey end Mapping. Field
information relative to project including:
and mapping services to obtain
~M:42,PH H R GREEN
P.3/8
3.)
Existing Right-of-Way end Property InformSon, Property pins and Public Lend
Survey Monuments
b,) vertical end horizontal ~ontrol, Including tie-In
'Coordlnstea, Submit calculations and field notes to the City. Tie-.in
for Mum use.
e.) ~enterline, end case-section survey.
d.) of existing utilities.
e.) to establish drainage areas s
f.) assess existing conditions (e.g. trees,
drainage
meetings,
submittal In
Preliminary design includes
submittals, and design reviews
W~ks:
..)
Prellmlnar~ from ~e City
traffic capacity enah/sis, requiramen~e
Review Impact
of Coordination with
b.)
drawings. typical
layouts/sizing,
etorm pipe analyale, Cootdin
c.) Preliminary Culvert Design:
analysis/design for roadway
downstream parcels.
d.) Preliminary Specifications
provisions mqulred for
Specifications for
Documents.
e.) Funding Documents
statement.
and ~oordinatlon
Traffic Safety Fi
item
n:
plan and profile
control, details, utility
includes pavement thickness and
pdvete and City uffiitiee,
storm drainage end structural
Preliminary analysis of effect of project on
preparation of preliminary special
to supplement the IDOT/Standard
DOT Standard Contra~t
quamitles, and opinion of probable
with drafting
obtain funding,
Air Pollution
and submittal of project concept
Other communication
,for
FInal Design: design
administration, i permlffing,
to the
~. meetings, project
up to bid letting In addition
e.)
atM~
SEP ~0 ~5 B4:44PM H R GREEN P.4/8
b.) FInal Road end UU[Ity Design: Final design and contract
profile drawings, typical cmas-ee~ziona, details,
water layout, utility adjustmonte (water, sanitary), ROW
and sohedules, Erosion Control,
Rnal Culvert Design: Rnal desig~
r culvert. Report on effect of improvements i
d.) Estimates: Prepam'don of a
8pec'~cationa of HIghway and
proposal form.
e.) Permits and Approvals:
Joint A to IDNR & Corps of
and submittal for approval of
iowa DOT.
nests for plan end
plane, mrm
constru~tion notes
sizing, and dinalia for
DOT
Tabulation of
probable cost,
ttal for approval of
for construction permit,
proant Cedifi~atlon to
C. Construeties Ada
working day conetructlon
period,
including 8
EaUmated fees are based on a 70
over the conatru~on
1)
Clerifloetlon or
assisting In resolving contlk.ts
t~ordlnatlon with the publie and
drawings and other
Preparing estimates of work
submitted by the contmGtor,
conditions or other elm
contractor for
censtru~on and
In the performs
recommendations for
Participation In a final
review e
Preparation
of
proJeer
and specifications to the contractor, and
of the cormtruction work, and
ownera. Engineershell revlewshop
in Contract Plane and 8pecl~cationa.
approval of partial payment requests
extra work orders as needed by changing
the project, Negotiating with the
Performing a final review of completed
literos
' a tabulation of final quantities of work,
end statement of completion.
estimates, and DOT
2) Preparation of
oontreotor,
releases. Coordination
other Interested parties.
regular site meetings involving
3) Preparation
improvements
resord drawings
the aotuel leesties of
4) Respond to
d comp:alnta from the pubrio.
~ Include8 teaks listed below.
working period.
DnaT0
-3-
1)
Field testing of materials Incorporated into the project and preparing written reports
that document compliance or non.compliance of constm~on materials in accordance
with standard lOOT procedures and fmquanoy requirements. Also included is
observing the performenos of ccnstmction work and advising the contmo
City of non-complying work or materials incorporated into the project,the
performance of assurance tests on the completed project is inoluded.
provide 24-hour phone a~esss to Construction Observer
and
diary.
One-time
improvements.
Specification No.
at
survey monuments
I proper documentation of quariffles of work corn
proJe~ in accordsnee with lOOT standard
of weekly report of working days, constru~on
prosedurea.
daiiy
and complaints from the public.
staking adequate to
is to be done
Minimum paving
curves.
construction.
the llne and grade of all
t stakes with grades
and P.O. & P.T. and high and low
propera,, plns end publlo land
11. TIME OF COMPLETION
The Consultant shall ~m
shown.
It Is the P,_,,ity's desire to complete the
schedule for providing the engineering
achieve the following target dates:
Of the Project in accordance with the sohedule
In the Fall of 1996. The
this contract shall be completed to
MJJP, atj3.~ DJa.te
MPO Req~ September 20, 1991~
Engineering 1995
IDOT/Oity Ag ctaber 11, 1995
Preliminary Plan 11, 1995
Final Letting lOOT f5, 1996
ROW Certification ! 19, 1996
DOT Leffing 1998
III,
A, not commit any
In any subcontracts.
Igrees to
-4-
SEP 20
~4: 47PM H R GREE~
P.6/8
To discharge or refuse to hire any indMduel because of their m~e, color, religion, sex,
national origin, dlsabi]ity, age, martial status, or 8exual orientation.
/
To discriminate against any Individual In terms, conditions, or privilege8
of their race, color, religion, sex, national origin, di~mbility, age,
~ sexual orientatjon.
Should ! City terminate this Agreement, the Consultant shall be
services ormed up to the time ~f termination. However,
than the limit amount listed in Seelion IV. The City
upon seven ~alendar days' written notice to the Consultant.
This Agreement
Agreement.
be binding upon the surGessore and ~
shall be without the
work and
not be greater
Agreement
It Is understood and ~ the retention of the
of the Project elfall bean Independent
Conaught to employ
pe~n'nance of the Project.
It Is agreed by the City that all
Consultant for the project shall
Consultant. The Citl
and files.
of the parties hereto,
of ell Partire to said
It is further agreed that no Party
federal, or Io~al law or any
~y the City forthe purpose
and 8hall be exclusive, but the
may be required for the
At the request of the
relative to the worl< set forth
g
;ertalnlng to Information needed by the
said City upon reasonable request to the
n the use of these records
The Consultant agrees
by the City, copies of ~
data
perform contrary to any state,
of the City of Iowa City, Iowa.
Agreement, In
document6
this Ag
Consultant
attend such meetings of the City Council
Any requests made by the City shall be
assure attendance.
I. The
J. The
that failu;
sketches
the Consultant
) the USe
the Consultant shall not
Agreement and upon demand
harts, computations, end any other
this Agreement without cost, and
for the City'a use of such
ree. s to furnish all reports, specifications
Ineer affrxed thereto or such seal a8 rac
with the seal of
r Iowa law.
I to satisfactorily perform In
to withhold payment of the
excepting, however,
this Agreement
praperiy
SEP ~ ~95 E~4:49PH H R GREEN P.7/8
K. Should any section of this Agreement be found invalid, it is agreed fiat the remaining
portion shall be deemed severable from the invalid portion and continue In full force and
effect.
Original cantmot drawings shall become the property of fie City. The
allowed to keep mylar mpmduolble copies for the Coneultent's own ~
use.
M. paid for seouring approval of authorities having jurisdictionProject will be
The ~
(parat
(paragraph
Construction Admit
(paragraph IC)
FOR SERVICES
se~vloes required
are estimated as foliowe:
Property Acquisition:
(paragraph ID)
Construction 8taking:
(paragraph IE)
Total Estimated Fees:
The consu~nt should bill the City ~
be due and payable within thirty
identified In Section
$ 15,000
62,000 -- 77,000
$ 34,000 -- 38,000
$ 37,000 -- 40,000
$ 23,000 -- 26,000
$ q68~000 -- t88,000
forsen/ices and m[mbursable expenael. Paymentshail
of the Clty's mcelpt of tnvotce,
V. MISCELLANEOUS
A. All provisions of
accepted
B. It Is further
resulting from
are ng
consld~ratlons h~ve been
reconolled In accordance with the generally
or monies contingent upon or
that it is the entire Agreement, and fiat no
SEP L~] ' 95 I~l: 50PM H R GREEN P. 8/8
FOR
By:
Title:
Date:
ATTEST:
CITY
Approved By
Oily Attomey's Office
FOR THE CONSULTANT
By: ReLPh J. Rueseft, P, E,
Title:, Pre, rld,em
Date:
.?,
RESOLUTION NO. 95-290
RESOLUTION ESTABLISHING A POLICY ON DESIGNING, MODIFYING AND
MAINTAINING PUBLIC STREETS TO FACILITATE BICYCLE USAGE
WHEREAS, the City of Iowa City recognizes the bicycle as a legitimate and efficient means
of transportation; and
WHEREAS, the City of Iowa City encourages the use of bicycles as a means of transportation
within the City; and
WHEREAS, roadway improvements to better accommodate bicycles create transportation
facilities that better facilitate all modes of transportation; and
WHEREAS, adequate and continued maintenance of bicycle facilities is required to assure that
the facilities will be safe and well used.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Safe accommodation of bicycles will continue to be an integral part of the planning and
design of arterial streets. These safe accommodations include but are not limited to
wide curb lanes, designated bike lanes and other facilities where appropriate.
Where drainage grates and utility covers are included within a bicycle facility, the
grates and covers should be designed to safely accommodate bicycle traffic.
Where feasible traffic signal detectors should be installed and maintained so that they
are sensitive to the presence of bicycles.
All bicycle facilities, including bike routes, bike lanes, trails and parking facilities should
be maintained so that the facilities function in the manner in which they were
designed. Gravel and debris should not be allowed to accumulate in areas of streets
designed for bicycle travel.
Passed and approved this 26th day of September , 1995.
Resolution No. 95-290
Page 2
It was moved by Th~'cl~Znn~*r nn and seconded by
adopted, and upon rol~ call there were:
· AYES: NAYS: ABSENT:
X
X
X
x
X
the Resolution be
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton