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Home My WebLink About2000-01-18 Resolution 4d(13) RESOLUTION NO. 00-9 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: One-Eyed Jakes - 18-20 S. Clinton Street Union Bar - 121E. College Street It's Brothers Bar & Grill - 125 S. Dubuque Street It was moved by Champion and seconded by 0' Donnel l that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O' Donnell Pfab Vanderhoef Wilburn Passed and approved this 18th day of Januar.y ,20 00, ATTEST:' - ,, 1~,2. :/~/,,Z,/ . CI~T~~ City Attorney's Office clerk\res\danceprm .doc Prepared by: Doug Ripley, Traffic Engineering Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 00-:].0 RESOLUTION AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF THE WASHINGTON STREET MEDIAN FROM VAN BUREN STREET TO DODGE STREET. WHEREAS, the median on Washington Street has between Van Buren and Dodge Streets been identified as a cause of the high accident rate on Washington Street; and WHEREAS, the correction of the problem is estimated to cost $60,000; and WHEREAS, the Iowa Department of Transportation has safety funds available for which this project qualifies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of Iowa City, Iowa, authorizes the application to the Iowa Department of Transportation for traffic safety funds for the Washington Street Median Reconstruction Project in the amount of $60,000. Passed and approved this 18th day of January ,20 00 MAYOR Approved by City Attorney's Office It was moved by Champion and seconded by 0' Dnnne] '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn jccogtpVes \washmed.doc Iowa .Department of Transportation Request 'for Traffic Safety Funds GENERAL INFORMATION Applicant:. City or County of xowa city, IA Contact Person: Jeff Davidson Title: Transporta~ nn Complete Mailing Address: 410 E Washington St (Street Address and/or Box Number) Iowa City TA s??/.n Daytime Phone: 319/356 5252 (C~ty) (State) (Zip) (Area Code) If more than one highway authority is involved in this project, please indicate the contact person, mailing address, and telephone number of the second highway authority. Applicant: City or County of Contact Person: Title: Complete Mailing Address: (Street Address and/or Box Number) Daytime Phone: · (City) (State) (Zip) (Area Code) PLEASE COMPLETE THE FOLLOVVING PROJECT INFORMATION: Nature of Application: x Site Specific Traffic Control Device Safety Study Funding: Total Cost of the Proposed Project $ 60, non Safety Funds Requested for the Project $ 6o, ooc CERTIFICATION To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating local government(s). I understand the attached resolution(s) binds the participating local govemment(s) to assume responsibility if any additional funds are committed, and to ensure maintenance of any new or improved city streets or, secondary roads. I understand that, although this information is sufficient to secure a commitment of funds, an agreement between the applicant and the Department of Transportation is required prior to the authorization of funds. C~y of Iowa C~ty, IA Representing the Signed: ~~~.f'~'/""'.--~ nk Date Signed Ernie Lehman, Mayor 1/18/2000 Typed name and Title Typed Date Signature in Ink Date Signed Martan Karr, City C!erk 1/18/2000 Typed Name and Title Typed Date Prepared by: Rob Winstead, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 RESOLUTION NO. 00-].:]. RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE III IOWA CITY DOWNTOWN STREETSCAPE IMPROVEMENTS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public headng on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 st day of February, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of January ,20 00 Approved by CI City Attorney's Office It was moved by Champion and seconded by 0'Donne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\res~dwnlwn2.doc \\ Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 00-'12 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT, PHASE 2, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 ST day of February, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of Januar.y ,20 O0 MAYOR Approved by CITY CLERK City Attorney's Office pweng~res~transrnet.doc 9/99 Resolution No. 00 - 12 Page 2 It was moved by Champ'ion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Jim Brachtel, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 00-:~3 RESOLUTION SETTING A PUBLIC HEARING ON INTENT TO CONTINUE WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the City's intent to continue with a public improvement project and to acquire property rights for the Highway 6 Corridor Improvements project is to be held on the 15th day of February, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That documentation of the proposed location of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this :].8th day of January ,20 00 MAYOR Approved by City Attorney's Office pweng\res\hwy6-5.doc 1/00 Resolution No. 00-13 Page 2 It was moved by Champ i on and seconded by 0'Donne] '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 00-].4 RESOLUTION SE'I'FING A PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE WEST SIDE TRUNK SEWER PROJECT, PHASE 2, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPEC- TION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the West Side Trunk Sewer Project, Phase 2, project is to be held on the 15t" day of February, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That documentation of the proposed location of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. MAYOR Approved by /2. CITY CLERK City Attorney's Office pweng\res\trunk2.doc Resolution No. 00-14 Page 2 It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 01-18.00 4e(6) Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356o5121 RESOLUTION NO. 00-].5 RESOLUTION SETTING A PUBLIC HEARING ON MARCH 7, 2000 FOR THE IDWA CITY HOUSING AUTHORITY'S PROPOSED 5-YEAR PLAN AND ANNUAL PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, a 5-Year Plan and an Annual Plan are required by the Quality Housing and Work Responsibility Act of 1998; and WHEREAS, the 5-Year Plan and the Annual Plan will advise HUD, its residents, and the members of the public of the Iowa City Housing Authority's mission for serving the needs of low-income and very low-income families, and the Iowa City Housing Authority's strategy for addressing those needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the Iowa City Housing Authority's 5-Year Plan and Annual Plan. 2. A public hearing on the Iowa City Housing Authority's proposed 5-Year Plan and Annual Plan should be and is hereby set for March 7, 2000, at 7 p.m., in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of the public hearing to be published as provided by law. Passed and approved this 18th day of ,]anuaf'y ,20 00 · ~AYOR ATTEST: . ._~. ,,v_.4,//.-~ ~ '/~4~ ,. /,.-z t.-o,5 CITY CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilburn hisasst/res/5yrplan.doc Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-].6 RESOLUTION ACCEPTING WORK FOR THE 1999 SANITARY SEWER REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 1999 Sanitary Sewer Rehabilitation Project, as included in a contract between the City of Iowa City and Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, dated August 24, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 18th day of January ,2000. ./4,. ,-- - MAYOR Approved by It was moved by Champion and seconded by O' Dnnn~l ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng\res\99swer.doc ENGINEER'S REPORT January 11,2000 Honorable Mayor and City Council Iowa City, IA Re: 1999 Sanitary Sewer Rehabilitation Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer improvements for the 1999 Sanitary Sewer Rehabilitation Project have been completed by Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin in substantial accordance with the plans and specifications prepared by McClure Engineering Company. The required performance and payment bonds are on file in the City Clerk's Office. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 4f(2) Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. I')r)-I 7 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCO'R' BOULEVARD EAST PART 3, AND DECLARING THE 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 Scott Boulevard East, Part Three, as constructed by Maxwell Construction, Inc., of Iowa City, Iowa. Paving improvements for Scott Boulevard East, Part Three, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ~lRth day of Ja ,y , MAYOR Approved by I It was moved by Champi on and seconded by 0'Donne'l '1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/scottbd.doc i L ENGINEER'S REPOF1T January 7, 2000 Honorable Mayor and City Council Iowa City, IA Re: Scott Boulevard East, Part 3 I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Scott Boulevard East, Part 3, have been completed in substantial accordance with the plans and specifications ~f the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rick Fosse, P.E. City Engineer pweng\ltr\engrep2 .doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Kim Johnson, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION ACCEPTING THE WORK FOR THE RAW WATER MAIN PROJECT - CONTRACT 1 IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Raw Water Main Project - Contract 1 in Connection with the Water Supply and Treatment Facilities Improvements, as included in a contract between the City of Iowa City and Maxwell Construction Company of Iowa City, Iowa, dated May 26, 1997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of ,]anuat'.y ,20 00 MAYOR Approved by IT ff It was moved by Champion and seconded by O' Dnnnpl 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn pweng\res\contl .doc 9/99 ENGINEER'S REPORT Janua~ 11,2000 Honorable Mayor and City Council Iowa City, Iowa Re: Raw Water Main Project - Contract 1 in Connection with the Water Supply and Treatment Facilities Improvements Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Raw Water Main Project - Contract 1 in Connection with the Water Supply and Treatment Facilities Improvements Project has been completed by Maxwell Construction, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $770,695.73. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincer ly, :1 Public Works Director 410 EAST WASHINGTON STREET * IOVVA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CiTY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 723 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Statement of Life Lien and a Rehabilitation Agreement in the amount of $3,085, executed by the owners of the property on November 30, 1990 recorded on December 20,1990, in Book 1193, Page 1 through Page 5, in the Johnson County Recorder's Office covering the following described real estate: The North 55 feet of the South 110 feet of Lots 10 and 11, A. E. Swisher's Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, Hills Bank and Trust Company, has refinanced the first mortgage in the amount of $98,929 to the owners of 723 Oakland Avenue to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is requested that the Statement of Life Lien and the Rehabilitation Agreement held by the City be subordinated to the revised first mortgage entered in to accommodate Hills Bank and Trust Company; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said mortgage with Hills Bank and Trust Company which was the City's original position; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City Iowa. Passed and approved this 18th day of Ja~/~,, ~ ,2000. MA~)~' Approved by ATTEST:CI~ CLERK ' 'i~A~t~rney's Office ppdrehab\res\523oakla .doc Resolution No. 00 - 19 Page 2 It was moved by Champion and seconded by 0' Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company Of Hills, Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Statement of Life Lien and Rehabilita- which at this time are in the amount of $ 3,085.00 and were executed by Steve Trefzti°n Am~nr~' and Nancy Trefz (herein the Owner), dated November 30, , 19 90 , recorded December 20 19 90, in Book 1193, Page 1 through 5 , Johnson County Recorder's Office, covering the following described real property: The north 55 feet of the south 110 feet of Lots 10 and 11, A.E. Swisher's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 142, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 98,929.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Statement of Life Lien held by the City be subordinated to the lien of the mortgage proposed to be =d Rehab A$~l~/t, eB~, the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted S~tna~e~2,R~t~P~f-i~j~eo~/~]~l~el~the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. SUBORDINATION AGREEMENT Page 2 2, Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to theStatement of L±£e Lien Of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the paFties hereto. Dated this 31st day of January , 19 99 B i f~ i s B~e~nd Trus~/~n~/~ ~' 'V~c P, s d2nt;y Mayor R g~ ~~~.es/ oer ' , ' e ei By .- c/F' Attest: T'm D. Finer, Vice President City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ ~ day of ' .% o.,-. , I-OH, before me, the undersigned, a Notary Public in and c,~,~ '~e State of Iowa, personally appeared F--me_q Jr Co), ie4rvl~n 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 (Ordinoncc) (Resolution) No. co -/q passed (the Resolution adopted) by the City Counci_L.I under Roll Call No. - of the City Council on the /Fi,d'/' day of ".3~q,x~r~r- , Ye 2c'>[>t'>, and that ~,,*n,o,%2r L,..). l .el,,y~t and Madan 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~Ihe State of Iowa tn,3 ~'::,--~-.~<-~-.. [Tx(,',~s.: ..~-9- SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 6th day of January , A.D. le[ 2000 , before me, the Roger J. d Tim D o Finer tO me personally known, who being by me duly sworn, did say that they are the vic~ President and V~ce President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Roger J. Reilly and Tim D. Finer as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said execut · for the State of Iowa ~ ar ara . ; Commission Expires: 9/20/02 Inw~subrdntn,agm Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 00-20 RESOLUTION NAMING DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below, Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution Firstar Bank Iowa NA 520 Walnut 222 Second Ave. S.E. $25,000,000.00 ~40,000,000.00 P.O. Box 906 Cedar Rapids, IA Des Moines, IA 50304 52401-1214 Mercantile Bank Regency 6, Suite 301 204 E. Washington St. $25,000,000.00 925,000,000.00 Midwest 4600 Westown Parkway Iowa City, IA 52244-1880 West Des Moines, IA 50266 Iowa State Bank & 102 S. Clinton St. Same ~ 18,000,000.00 $25,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. $15,000,000.00 $25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodlett Farms Pkwy. 150 E, Court St. ~35,000,000.00 ~35,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same G20,000,000.00 ~20,000,000.00 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. $10,000,000.00 ~35,000,000.00 Bank Cedar Rapids, IA Iowa City, IA 52240 52407-3850 Norwest Bank 666 Walnut St. 101 3rd Avenue SW ~50,000,000.00 $50,000,000.00 Iowa NA Des Moines, IA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same ~ 10,000,000.00 $15,000,000.00 Iowa City, IA 52244-2240 Brenton Bank 400 Locust St. 150 First Avenue NE ~6,000,000.00 f~l 5,000,000.00 Suite 200 Cedar Rapids, IA 52407- Des Moines, IA 50309 4708 Approved by linlreasVes~leposiLdoc Resolution No. 00-20 Page 2 It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ~ 01-18-00 ~ 4f(6) Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 00-2'1 RESOLUTION ACCEPTING THE WORK FOR THE ON-SITE AND OFF-SITE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS, PART FIVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, with the exception of those items noted in the attached agreement, 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: On-site and off-site sanitary sewer, storm sewer, and water main improvements for Galway Hills, Part Five, as constructed by Maxwell Construction, Inc., of Iowa City, Iowa· Paving improvements for Galway Hills, Part Five, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, those items noted in the attached agreement cannot be completed until spring; however, acceptance of the improvements is a barrier to conveying said lots; and WHEREAS, the City and Developer have negotiated an agreement whereby payments due to Developer from City will be withheld until such items are completed; and WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Per the terms of the attached agreement 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. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached agreement which withholds sums payable to the Developer pending completion of outstandin~ items. Passed and approved this '18th day of ,.]anua ,2000. · r~v~f~lresl~ee~m~oc Resolution No. 00 - 21 Page 2 It was moved by Champi on and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum AGREEMENT THIS AGREEMENT is entered into by and between the City of Iowa City, hereinafter CITY and DAV-ED Limited, hereinafter referred to as SUBDIVIDER. Recitals A. As part of the subdivision documents for Galway Hills Subdivision Part Five, Iowa City, Iowa according to the plat thereof recorded in Book 40, Page 282 plat records of Johnson County, CITY and SUBDIVIDER entered into a subdivider agreement recorded in Book 2824, Page 153 and following of the records of the Recorder of Johnson County, Iowa. B. The SUBDIVIDER has requested, and CITY has agreed, to now issue the release of the lien in favor of the CITY created under the City-Subdivider Agreement despite the fact that there are certain improvements which are not yet completed and carLnot be completed until spring, 2000. As consideration for this release SUBDIVIDER agrees to secure its obligation as hereinafter set forth. C. The amendment to the subdivider agreement hereinafter set forth will not be recorded and is not intended to create any lien or encumbrance in favor of CITY on the property located within said subdivision. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The undersigned do hereby amend said agreement by modifying Section 10 Miscellaneous, paragraph A as follows: "The CITY agrees that it will pay to the SUBDIVIDER the sum of $24,700.00 representing the cost of over-sizing a portion of the off-site sanitary sewer line. The payment for such over-sizing will be due and payable upon acceptable completion of the punch list items attached hereto as Exhibit hA" for both on-site and off- site public improvements as determined by the City of Iowa City. Said punch list of items to be completed has been prepared by Chris Stepban as set forth in Exhibit "A" hereto." DATED this / ~ day of ~n~_3 , ~ , at Iowa City, Iowa. su 'vi er · Ernest W. Lehman, MAYOR ~ -BY liamD.'Cahill, President K. Karr, BY: City Clerk Edward W. Thomas, Secretary - CITY - - SUBDIVIDER - /jn~n 2 Rocelved: 1/1 O/ O 2:O1PM; 310~6~07 -~ MM~ CONSULTANTS, INC.; Page 2 JA~-I~-~ lS:~9 F~OM;CITY OF IOgA CITY ID:319 ~5~ S~G? PAG~ 2/5 Janua~ 10, 2000 Ch~ ~phen, P.E. MM5 ~nsultan~ 1917 Souffi Gil~ St~ Iowa C~, ~ 52~363 Re: Gary Hills, Pa~ 5 & Ne~u~ De~lop~n~ H~eye Pa~ Road ~n~ ~r Dear Mr. Stephen: This letter is to confirm the Resolution AccepEng the Public Improvements for Galway Hills Part 5 has been placed on the Iowa City Coundl's agenda for Tuesday, January t 8, 2000. The acceptance of ~e public improvements is done ~ the mutual acknowledgment that certain work items ,,,,ell be att~nded to this spring when weather cond~ons are appropriate. l have attached to this le~er a copy of your letter, which discusses the subdivision's ~punch list". I have also included a memorandum from me to Tim Henries, Senior Building Inspector, detailing the various fees and escrows which will be due to the City upon the issuance of the first building permit_ It is my understanding that ,.~.rah Holece_J<, Assistant City Attorney. and the developers attorney are developing an instrument of unclersmnding regarding the City's contribution for the off-site sanitary sewer improvements. This ins~ment should be executed and in place prior to the City Councl]'s acceptance of the subdMsion. Should you require additional comments or have questions, please call me at 356- 5149. James Brachtsl, PE Senior Engineer cc: Rick Fosse ,Sar-~h Holecek EXHIBIT (Page I of ~; pages) Memo EXHIBIT P~ (Page L of 5 pages) Sent by: MM5 UUF~bULIANIS, INC. ~i193~1~4//~; U]/1U/OO 3:49~M;Je~rax #b; Fage 5/7 Received: I/1 O/ O 2:02PM; 310~5007 -> MM~ CON~ULTANTS~ ~NC.; Pa~ JAN-Ie-~e 15,g9 FROH:CI~Y DP 10~A GIT~ ID:3t9 356 5~? PAGE .. EXHIBIT (Page_,,-~.._ of ..,~_.pages) Reco.l. ved: 1/10/ a 2.'O2PM: -'110;3.b65OO7 -> M/dS CONSUL'FAN'T'S, INC.; pago 5 JAN- 10-00 iS: ~0 FROM.CITY OP IOWA CITY XO=319 356 5(30? PAC]~ 5/6; City of Iowa City MEMORANDUM Dale: January 7, 2000 To: Tfm Hennes, Senior Building Inspector From: Jim Brachtel. Senior Engineer Re: Galway Hills Part Five- Fees and Escrow Required Items stipulated in the Subdivider's Agreement: If the Subdivider requests the issuance of a building permit prior to the completion of public improvements as stfpulatu=c[ in Section 1 A and 1 .C. and acceptance by the City as stipulated in Section 3 of the Subdividers Agreement, an escrow deposit equal to 110% of the estimated cost of the public improvements shall be collected ~'om the Subdivider. The City Engineer shall determine the amount of money to be held. Sanitary Sewer Tap-on Fee. As per Section 1 .F of the Subdividers Agreement each lot will pay a sanil:ary sewer tap-on fee at the time of issuance of the Building Permit. The fees to be collected are as follows: LOT 117 $22,914.17 LOT 118 $654.71 LOT 119 $654.71 LOT 120 $654.71 LOT 121 $654.71 LOT 122 $654.71 LOT 123 $654.71 LOT 124 $654.71 Additionally, the following fees and escrow will be required prior to tile issuance of the first building permit: 1. Water Main Extension Fee. As per Section 1 .E of the Subdivider s Agreement, a fee of $5,383.85 wiil be paid by the Subdivider (13.63 acres x 395.00 $/ac = $5,383.85). Please receipt into account ~-3110-43159. 2. ' Erosion Clean-up Escrow. As per Sec~on 3 of the Subdivider s Agreement, an erosion clean-up escrow of $2,000.00 shall be provided by the Subdivider to the City. 3. Storm Water Management Facility Escrow. As per paragraph 7. B. (2) of the Subdividers Agreement, an escrow of $5.000.00 sha[I be provided by the Subdivider to the City. U:~SUaDN~__W_WAY_S~HZS_FESS.DOC EXHIBIT R (Page ~ .. of 5 ,oages) Sent by: MMS CUNSULTANIS~ INC. ~1~1~4/5; ul/~u/uu ~:4~;Jet-/'-ax ~; Hsge z!/ R~ce~v~d.: 1/10/ O 2:02PM; ~30~56500? -> MM$ CaNSULTANTS, ZNC.; page 8 . 'JAN-tO-e9 tS~te FROM,CITY OF lO~A CITY ID:319 356 6Oe7 PAG~ G/S Oversized sidewalk for LOT I 17 The sidewalk on the east side of Dublin Drive is to be eight feet ,,vide ~th the east edge of the sidewalk one foot west of the property line. The builder of this lot should be reminded of this requirement when the building permit is issued. (As per § 1.D of the Subdividers Agreement, the City will pay $8,659.80 to the Subdivider for the oversized portion of the eight foot (8 ft) side sidewalk.) Minimum low opening for lot 1t8 and lot 119. As per ~e consb~ction drawings on file in the City Engineer's office lot 118 and lot 119 shall have a minimum low opening. The builders of these lots should be made aware of these requirements. cc: Denny Gannon Sarah Holecek U:~SUeO~a~C,~W~Y_~'~IS_FEES.DOC F,J(HIBIT /~ (pageS__ of ~ages) ENGINEER'S REPORT January 7, 2000 Honorable Mayor and City Council Iowa City, IA Re: Galway Hills, Part Five I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Galway Hills, Part Five have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric:~o~~e, P.E. City Engineer pweng\ltr\engrep 1 .doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 ° FAX (319) 356-5009 J~N-12-2000 11:51 LEFF HALPERT TP~ W~LLMAN 31~ ,~ao o:~-~ ....... THIS AeEEEMENT is entered into by and between the City Iowa City, hereinafter CITY and DAV-ED Limited, referred to ~s SU~DIVIDER. Recitals A. As part of uhe subdivision documents for Hills Subdivision Part Five, lowa City, Iowa to the plat thereof recorded in Book 40, Page 282 plat of Johnson County, CITY and SUBDIVIDER entered a subdivider agreement re~orded in Book 2824, Page and following of the records of the Recorder of Johnson Iowa. B. The SUBDMDER has requested, and has agreed, to now issue the release of the lien i~ of the CITY created under 'the City-Subdivider despite the fact that there are certain improvements are not yet completed and cannot be completedL.,until 2000. AS consideration for this release SUBDIVIDER ~-es to secure its obligation as hereinafter set C. The amendment to the agreement hereinafter set forth will not be is not intended to create any lien or encumbrance in of CITY on the property located within said subdivisio~ COVE TAI ,, , THE AGREE AS FOLLOW8: 'The CTTY .,~grees that it will pa to the SUBDM DER the sum. of $2&'.700.00 representing the ost of over-sizing a portion of the off-site sanitary ewer line. The payment'for such over-sizing will b due and payable upon acceptable completion of the p ch list items Iowa City. Said punch list of items to be conSIsted has been prepared by Chris Stepban as set forth in Exhibit · 'A# ~ereto. ' J~N-12-2~ 11:52 LEFF HALPERT TRI:~J WILLMAN 319 358 6982 DATED this day of , 199__, at~w~/City, Iowa, CITY OF IOWA CITY, IOWA DAV-ED LIMI D (s rider) Ernest W. Lehman, MAYOR Willl D. Cahill, President ATTEST: .-~.. Marian K. Karr, \'~ BY City Clerk ~,.I Secretary - CITY- ~/.' - SUBDIVIDER- / Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SCOTT BOULEVARD EAST, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc:, filed with the City Clerk the final plat of Scott Boulevard East, Part Four, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of the Southwest Quarter, of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of said Southwest Quarter, 2045.12 feet; Thence N89°06'58"E, 589.85 feet, to the POINT OF BEGINNING; Thence continuing N89°06'58"E, 179.84 feet, to the Northwest Corner of the Parcel of land conveyed by Warranty Deed as recorded in Deed Book 1029 at page 395 of the records of the Johnson County Recorder's Office; Thence S00~51'17"E, along the West Line of said conveyed parcel, 110.00 feet, to the Northwest Corner of the Parcel of land conveyed by Warranty Deed as recorded in Deed Book 446 at page 261 of the Records of the Johnson County Recorder's Office; Thence S01~00'12"E, along the West Line of said Conveyed Parcel, and the West Line of the Parcel of land conveyed by Warranty Deed as recorded in Deed Book 453 at page 167, of the records of the Johnson County Recorder's Office 280.00 feet, to the Northwest Corner of Lot 1 of Lyman Subdivision, in accordance with the Plat thereof recorded in Plat Book 31 at page 246, of the records of the Johnson County Recorder's Office; Thence S00°21'18"W, along the West Line of said Lyman Subdivision, and the West Line of the Parcel of land conveyed by Warranty Deed as recorded in Deed Book 1211 at page 60 of the records of the Johnson County Recorder's Office, 530.00 feet; Thence N89~06'58"E, along the South Line of said Conveyed Parcel, and the Easterly Projection thereof, a distance of 307.15 feet; Thence S00~39'57"E, 224.11 feet, to the Northeast Corner of Auditor's Parcel 95-004, in accordance with the Plat thereof recorded in Plat Book 35 at Page 17 of the Records of the Johnson County Recorder's Office; Thence S89°14'45"W, along the North Line of said Auditor's Parcel 95-004, and the North Line of Auditor's Parcel 95-003, in accordance with the Plat thereof recorded in Plat Book 35 at Page 17, of the Records of the Johnson County Recorder's Office, a distance of 382.76 feet, to the Northwest Corner of said Auditor's Parcel 95-003; Thence S00~54'07"E, along the West Line of said Auditor's Parcel 95-003, a distance of 111.00 feet, to the Southwest corner thereof, and the Northeast Corner of Lot 64, of Scott Boulevard East - Part Two, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 225, of the Records of the Johnson County Recorder's Office; Thence S89°14'45"W, along the North Line of said Lot 64, a distance of 215.10 feet, to the Northwest Corner thereof, and a Point on the Easterly Right of Way Line of Scott Boulevard as presently located; Thence Northwesterly, 131.81 feet, along said Easterly Right of Way Line on a 1687.02 foot radius curve, concave Southwesterly, whose 131.77 foot chord bears N21o08'46"W; Thence N23°23'04"W, along said Easterly Right of Way Line, 68.51 feet, to the Southwest Corner of Lot 66 of Scott Boulevard East Part Three, in accordance with the Plat thereof recorded in Plat Book 40 at Page 266 of the records of the Johnson County Recorder's Office; Thence N89o05'53"E, along the Southerly Line of said Scott Boulevard East Part Three, a distance of 64.30 feet, to the Southeast Corner thereof; Thence N36°37'04"E, along the Easterly Line of Said Scott Boulevard East - Part Three, a distance of 272.59 feet; Thence Northwesterly, 52.89 feet, along said Easterly Line on a 272.59 foot radius curve, concave Southwesterly, whose 52.81 foot chord bears N58o56,26,,W; Thence N00o21'18"E, along said Easterly Line, 407.60 feet; Thence N00°51'17.W, along said Easterly Line, 414.99 feet, to the Point of Beginning. Said Tract of land contains 7.36 acres, more or less, and is subject to easements and restrictions of record. Resolution No. Page 2 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 (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space 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 reaSOIqS. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,2000. MAYOR pprovod CITY CLERK ff' It was moved by and seconded b the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadm/re,s/scotNfnl.doc Jan-18-OO O2:54P barker cruise kennedy etc 319 351 0605 P.O~ KENNEDY, CRUISE, ANDERSON 8~ F'REY, L.L.P. LAWYERS 920 S. DUBUQUE STREET - P.O. BOX MICHAEL W. KI~NNrDY IOWA CITY, IOWA AREA COOt ulOHN D, CRUISE 5P.~44 TELEPHONE 354-8|81 STEVrN C. ANDERSON FAX 351-0605 KIRSTEN H. FRi'Y KANDIE K. BRISCOE OF CHAD T. WARREN CHARL------------------~ A. BARKER uu~AN LYONS ~V,S 3anuary 18, 2000 . · FjtX TI~ANHEBBION 356-5008 Ms. Sarah E. Holecek First Assistant City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 Re: Scott Boulevard ~.ast, Part Four Dear Sarah: We hereby waive the sixty day limitation period for Scott Boulevard East, Part Four to the next regularly scheduled Council meeting. Very truly yours, JDC/dc jc16\; 21c0938 STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB99-0027. Scott Boulevard East, Part 4 Date: December 16, 1999 Final Plat GENERAL INFORMATION: Applicant: Plum Grove Acres PO Box 2208 Iowa City, Iowa 52244 Phone: 338-8831 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Final plat approval Purpose: To create a 15-lot residential subdivision with one outlot Location: Scott Park Drive and Hummingbird Lane Size: 7.36 acres Existing land use and zoning: Vacant, RS-5 and RM-12 Surrounding land use and zoning: North: Residential, County RS East: Residential, County RS; South: Residential, RS-5 and RM-12; West: Developing Residential, OPDH- 8. Comprehensive Plan: Northeast District Plan - Single-family residential and multi-family residential Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: November 24, 1999 45-day limitation period: January 8, 2000 60-day limitation period: January 23, 2000 BACKGROUND INFORMATION: The applicant, Plum Grove Acres, is requesting a final plat of Scott Boulevard East, Part Four, a 7.36 acre, 15-lot residential subdivision with one outlot located at Scott Park Drive and Hummingbird Lane. The preliminary plat for this property was approved earlier this year. ANALYSIS: The proposed final plat appears to be in general conformance with the City's Subdivision regulations and the approved preliminary plat for this property, with a few exceptions. A revised plat has been submitted and is being reviewed to determine whether these items have been taken care of. Staff recommends deferral pending the resolution of these items. Legal papers are being reviewed and must be approved prior to City Council consideration of the plat. The construction drawings for this area were submitted and approved at the time that Part Three of this subdivision was approved. The proposed plat includes 12 single-family residential lots and three lots zoned RM-12, Low Density Multi-Family Residential. The plat also includes an outlot that will allow for a pedestrian connection from the corner of Scott Park Drive and Hummingbird Lane to the east when the adjacent property is developed. This was required at the time of annexation and rezoning in lieu of a street connection across this property. This dedication is not to count toward the Neighborhood Open Space requirements for this plat, but is rather considered a part of the necessary infrastructure to help assure that there will be adequate pedestrian circulation for this area. Along with the preliminary plat, a tree protection plan was approved for lots 79 and 80, as required by the conditional zoning agreement for this property. This plan should be referenced in the legal papers in some manner as a means of assuring that whoever is building on the property is aware of the plan. Neighborhood Open Space: A total of .24 acres of open space is required for this plat under the Neighborhood Open Space Ordinance. As noted'at the time of preliminary plat review, staff recommends that fees in lieu of the actual dedication of land be required in this case. The Parks and Recreation Commission also recommends that fees be accepted rather than dedicated open space. Water/Sewer Extension Fees: A water main extension fee of $395 per acre will be required as a result of this plat. STAFF RECOMMENDATION: Staff recommends that SUB99-0027, be deferred pending the resolution of deficiencies and discrepancies identified on the plat. Upon resolution of these items, staff recommends that the request for a final plat of Scott Boulevard East, Part Four, a 7.36 acre, 15-lot residential subdivision with one outlot located at Scott Park Drive and Hummingbird Lane, be approved, subject to the approval of legal papers prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. The legal description appears to be in error. 2. The sanitary sewer easement along the west property line is not consistent with other approved plans for this area. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: //"(2--'4~ ~ Robert Miklo, Senior Planner Department of Planning and Community Development ~ ~ OllNmJ~Um~!mm~ 01fil~lr9 II10 COIBUL~MI~ lit Pium IOl~ $ Gilbert 81mt I0 8 Ilulxqv, 8t ~0 S Oulmqve 8t FILED '""'"'"""'""""" ,~s~,seO~: %OULEVAR~~' Plat EAST- PART FOUR ? ~-~__, C/'F'~' CL~-~KTo Iowa City, Iowa !:/ii ",,,..... =============================== %, ~, !i ---,~:;-,'· ,'_. , "~'~ ~ "'.'- .~~.--_aX:'.'-'~:-: - I",,~,,,":~,,,r~-" i.~.f:,j--L - - -t -; \, ".X .....~::::=:~':.' . -.__.,.-._. I ',. \, ~:::_-.:~::_.::.:.!-I-,f"--,',,,-Z,~~ I """ '~'~"'"""""""'"'~"""'~~t~~~ ............""i, "--" ~,,..,, !I.. ,... ..,,: .~~, ..2:L~,, .~..,.~ _.~.~,:~....::. ~.._.....,_~~_.. .._:~~~ "'i ,,.- ~'~""~- "','\ '~~~L=_..----- '==::="":"" , .......,.:,,, ', , \ ",-.~..f-~ ~-.~:.-'"-_~-.-'f~.2- - ....- - ' -.-.--,- : \/iiiii""' ~,~, ~./'b~~.... "_ __. - - .. __ ...-_ ty ~ 0101164f.<lwcj 09-29-1999 11:09:57CST Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5138 RESOLUTION NO. FII~-?2 RESOLUTION DECLARING THE CITY'S INTENT TO CONTINUE WITH AND AUTHORIZING THE ACC~UISITION OF PROPERTY RIGHTS FOR THE SOUTH SYCAMORE REGIONAL STORMWATER AND GREENSPACE PROJECT. WHEREAS, notice of public hearing on the City's intent to continue with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the South Sycamore Regional Stormwater and Greenspace Project ("Project") which includes constructing a regional stormwater facility in the drainage corridor south of Mt. Prospect, Part 7 and Lakeside Subdivisions to the Snyder Creek Bottom Wetlands; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, MMS Consultants, Inc., has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to continue with the South Sycamore Regional Stormwater and Greenspace Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the South Sycamore Regional Stormwater and Greenspace Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 00-22 Page 2 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 18th day of January ,2000. C~ty Attorney's Office It was moved by Vanderhoef and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\res\ssycamo.doc Prepared by: Dan Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-23 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING CENTER PROJECT, PHASE 2, 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. 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 2:30 p.m. on the 8TM day of February, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 15th day of February, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 18th day of Jan Approved by ATTEST: 7t.~-;~'-',~--" /t'z' 1/~'["-'/" CIT'~ CLERK City Attorney's Office pweng\res\recycle2.doc 9/99 Resolution No. 00-23 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted. and upon roll call them were: AYES: NAYS: ABSENT: X Champion . X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 00-24 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL GAS COLLECTION SYSTEM 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 COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. 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 8th day of February, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 15t~ day of February, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. MAYOR Appmved by CI~LERK pweng~res~gas~ll2.doc Resolution No. 00 - 24 Page 2 It was moved by Vanderhoef and seconded by Wi 1 b,jrn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum C- 11 Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF LOT 1, BLOCK 3, RUNDELL ADDITION, CONSISTING OF APPROXIMATELY 2,995 SQUARE FEET LOCATED AT THE SOUTHEAST CORNER OF GRANT STREET AND COURT STREET, TO ADJACENT PROPERTY OWNERS WILLIAM G. FLANAGAN AND ELIZABETH ROSE. WHEREAS, William G. Flanagan and Elizabeth Rose, as owners of the adjacent property at 406 Grant Street, have offered the sum of 8525.00 for an approximate 2,995 square foot portion of a City-owned, unbuildable remnant lot known as Lot 1, Block 3 Rundell Addition; and WHEREAS, Mr. Flanagan and Ms. Rose have made their offer based on an appraisal of the subject property and plan to use the property for the construction of a driveway from their property to Grant Street; and WHEREAS, the City does not need the subject property to provide access to property in the area and there are no infrastructure or easements upon the subject property; and WHEREAS, on December 7, 1999 the City council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest, provided the purchasers perform a survey of the property to be conveyed and provide an accurate legal description. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's in an approximate 2,995 square foot portion of a City- owned, unbuildable remnant lot known as Lot 1, Block 3 Rundell Addition to William G. Flanagan and Elizabeth Rose, adjoining property owners located at 406 Grant Street, for the sum of $ .00, provided the purchasers perform a survey of the property to be conveyed and provide an accurate legal description. 2. The City Attorney is authorized to deliver said Quit Claim Deed to William G. Flanagan and Elizabeth Rose. The deed, and any other documentation required by Iowa Code §364.7 (1999), shall be recorded by the City Clerk in the Johnson County Recorder's Office at the purchasers' expense. Resolution No, Page 2 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Passed and approved this day of ,2000. MAYOR ATTEST: ~_~-~~ CITY CLERK Sarah\landuse~flan-res Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. gg-25 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY OF IOWA CITY AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF THE NEW WATER TREATMENT PLANT AND WELL HOUSES. WHEREAS, the City received bids and awarded a contract for construction of a new Water Treatment Plant and Well Houses; and WHEREAS, it is desirable for Howard R. Green Company to provide construction phase engineering services dudng construction for the new Water Treatment Plant and Well Houses; and WHEREAS, City staff has 'negotiated an Agreement with Howard R. Green Company to provide said services; and WHEREAS, the City Council deems it in the public interest to enter into the negotiated agreement with Howard R. Green Company for Engineering Consulting Services during construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultanrs Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 18th day o~,~/~__j ~~ MAYOR Approved by C~ y orney' Office pweng\res\wellhse.doc Resolution No. 00-25 Page 2 It was moved by Vanderhoef and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum CONSULTANT AGREEMENT WATER FACILITY IMPROVEMENTS THIS AGREEMENT, made and entered into this ! ~ ~_k day of January, 2000, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company, hereinafter referred to as the CONSULTANT. Whereas, The City received bids and awarded a contract for construction of a new Water Treatment Plant and Well Houses; and Whereas, it is desirable for Howard R. Green Company to provide construction phase engineering services during construction for the new Water Treatment Plant and Well Houses; and Whereas, City staff has negotiated an Agreement with Howard R. Green Company to provide said services; and Whereas, the City Council deems it in the public interest to enter into the negotiated agreement with Howard R. Green company for Engineering Consulting Services during construction of the Project NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follows: 1. SCOPE OF SERVICES 1.1 General Services 1.1.1 CONSULTANT shall provide for CITY professional engineering services in all phases of the construction of the new Water Treatment Plant and Well Houses Project to which this Agreement applies as hereinafter provided. These services shall include serving as CITY'S professional engineering consultant for the PROJECT. a.) Prepare for and conduct the pre-construction conference, and distribute minutes to all attendees. b.) Review shop drawings, samples, and manufacturer's data for all specification sections. c.) Assist with project coordination, throughout a 27-month duration before, during, and after construction completion to complete all tasks of this scope of services. d.) Review acceptability of substituted materials and equipment proposed by the Contractor. e.) Interpret and make determinations with respect to requirements of the Contract Documents. f.) Provide general correspondence at the direction of the CITY with Contractor, subcontractors and suppliers. g.) Make site visits to observe construction work and report observations to CITY. Site visits shall be once per month and not more than one working-day duration. h.) Conduct pre-final and final inspections by all disciplines of Engineers and Architect to verify completion of punch-list items by the Contractor to assist CITY staff in developing a recommendation of acceptance of the Project. -1- 1.2 Services Not Included in this Contract 1.2.1 Review and approval of Partial Pay Estimates and Change Orders. 1.2.2 Start-up services. 1.2.3 Review of lien waivers, tax forms and other project close-out paperwork. 1.2.4 Resident construction observation services. 1.2.5 Soils or materials testing. 1.2.6 Construction surveying. 1.2.7 "As-built" drawings. 2. GENERAL TERMS 2.1 The CONSULTANT shall not commit any of the following employment practices in any subcontracts. 2.1.1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. 2.2 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 "lump sum" amount listed in Section 4. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. 2.3 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. 2.4 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, and it is further agreed the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. 2.5 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 the CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. 2.6 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. -2- 2.7 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 request made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. 2.8 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. 2.9 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. 2.10 The CONSULTANT shall furnish the services of Mr. Dan Lovett, P.E., and Mr. Mark A. Duben, P.E. to attend such meetings of the City Council and public meetings relative to this Agreement and as may be requested by the CITY. Either Mr. Duben or Mr. Lovett shall attend other meetings as requested by the CITY. Any requirements made by the CITY shall be given with reasonable notice to the CONSULTANT. Mr. Duben will direct all PROJECT efforts expended by the CONSULTANT during the work, and will serve as the primary liaison with the CITY. Changes in the CONSULTANT'S representatives shall be made only with the prior approval of the CITY. 2.11 Charles Schmadeke and Shaun Bradbury will act as the CITY'S representatives with respect to the work to be performed under this Agreement. These two persons, or their designees, shall have complete authority to transmit instructions, receive information, interpret and define the CITY'S policies and decisions with respect to the work presented under this Agreement. 2.12 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. 2.13 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. 2.14 Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. 2.15 Fees paid for securing approval of authorities having jurisdiction over the PROJECT will be paid by the CITY. 3. TIME OF COMPLETION The CONSULTANT shall perform the Construction Phase engineering services in approximate accordance with the requirements of the Contractor's construction schedule. -3- 4. COMPENSATION FOR SERVICES 4.1 Methods of Pavment: 4.1.1 The CONSULTANT shall perform Construction Phase engineering services as described herein for a lump sum fee of $466,000. 4.1.2 CONSULTANT shall submit monthly statements for Construction Phase services in allowance with the payment schedule attached in Exhibit A. The payment schedule is based on Contractor's estimated percent of completion of construction. CITY shall make prompt payments. 5. MISCELLANEOUS 5.1 Insurance ReQuirements 5.1.1 Certificate of Insurance, Cancellation or Modification 5.1.1.1 Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 5.1.1.2 The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 5.1.1.3 Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the PROJECT, and to withhold payment for any work performed on the contract. 5.1.2 Minimum Covera.cle 5.1.2.1 Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Tvl~e of Covera.cle Class II i. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 ii. Motor Vehicle Liability and Property Damage Insurance Per Person Per Accident (1) Bodily Injury $250,000.00 $500,000.00 (2) Property Damage $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. -4- 5.2 Limitation of Liability CITY agrees to limit CONSULTANT'S liability to CITY due to CONSULTANT'S professional negligent acts, errors or omissions on the PROJECT to damages not exceeding the sum of $2,000,000.00. In consideration therefor, the CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $2,000.000.00. 5.3 All provisions of the Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. 5.4 It is further agreed that there are no other considerations or moines contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. ~ H~~PANY " Ralph J. Rulsell, P.E., President R. Dan L~.~P,.E.,V,~..e President Date: t'///r~/c> ~-. Date: ~{ ~. '].(3D 8 Approved by: Oity Atto;n~~ Date: 2.16 Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City,' and certifies that no employee or officer of the City which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O:\PROJ\517020p\CONS ULTANT AG R EEM ENT.doc -5- EXHIBIT A Howa~ R. Green Company will invoice a percentage of He lump sum (LS) amount based on Contremor(s) progress acco~ing to the ~llowing table. Pe~ent Pe~ent of LS Pe~ent Percent of LS Contractor Comple~ Amount Billed Contractor Complete Amount Billed 1 4 51 70 2 7 52 70 3 10 53 70 4 13 70 70 5 16 55 70 6 19 56 70 7 21 57 70 8 23 58 70 9 25 59 70 10 27 60 70 11 29 61 71 12 31 62 71 13 33 63 72 14 35 64 72 15 37 65 73 16 39 66 73 17 40 67 74 18 41 68 74 19 42 69 74 20 43 70 75 21 44 71 75 22 45 72 76 23 46 73 76 24 47 74 77 25 48 75 77 26 49 76 78 27 50 77 78 28 51 78 79 29 52 79 79 30 53 80 80 31 54 81 81 32 55 82 82 33 56 83 83 34 57 84 84 35 58 85 85 36 59 86 85 37 60 87 85 38 61 88 85 39 62 89 85 40 63 90 85 41 63 91 85 42 63 92 85 43 63 93 85 44 63 94 85 45 63 95 85 46 63 96 85 47 63 97 85 48 70 98 85 49 70 99 85 50 70 100 100 O:~ROJ~17~0p~ee Exhib~.d~ 01-18-00 1 19 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-26 RESOLUTION TO PRESCRIBE A PROCEDURE TO WAIVE THE APPRAISAL IN CASES INVOLVING THE ACQUISITION OF PROPERTY WITH A LOW FAIR MARKET VALUE FOR PUBLIC IMPROVEMENT PROJECTS THAT MAY ENTAIL CONDEMNATION. WHEREAS, the Iowa General Assembly recently enacted House File 476, which amends Chapter 6B of the Iowa Code to revise aspects of the law relating to the condemnation of private property for public improvement projects; and WHEREAS, Section 6B.54(2) of the Iowa Code, as amended by HF 476, provides that an acquiring agency may prescribe a procedure to waive the requirement for an appraisal "in cases involving the acquisition of property with a low fair market value"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT The procedure to waive the requirement for an appraisal under Chapter 6B of the Iowa Code shall be as follows: Section One. Definitions For purposes of this resolution, the following terms shall have the following definitions: Appraisal means a written report, provided by an appraiser in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), indicating the fair market value to be paid for the acquisition or taking of private property, and/or of the damages to be paid for the acquisition or taking of an interest in private property or of a part of such property. Compensation Estimate means a valuation, prepared by a person generally knowledgeable of land values, indicating the fair market value for the acquisition or taking of private property, and/or of the damages for the acquisition or taking of an interest in private property or of a part of such property. A compensation estimate is not an appraisal. Low Fair Market Value means that the acquisition is estimated to have a fair market value of $10,000 or less, exclusive of payments for the cost of tillage, fertilizer, growing crops, agricultural right-of-way fence, and legislated $5/lineal foot of lengthened residential driveway, as determined by a review of available market data. Resolution No. 00-26 Page 2 Section Two. When Appraisals Are To Be Obtained For all acquisitions other than those of low market value, the valuation of the property or property interest to be acquired shall be determined by an appraisal. Section Three. Compensation Estimate in Lieu of Appraisal When it reasonably appears that an acquisition parcel or an interest in an acquisition parcel is likely to be of low market value, the valuation of that property or property interest may be determined by a compensation estimate in lieu of an appraisal. If the estimate of compensation obtained indicates that just compensation for that property or property interest is in excess of low market value, then an appraisal shall be obtained for that property or property interest. Passed and approved this :].8th day of January ,2000. MAYOR CIZI~ CLERK City Attorney's O~ce marym/land-acq~misc~app-res Resolution No. 00-26 Page__ 3 It was moved by Vander'hoef and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum 01-18-00 20 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. fin-27 RESOLUTION AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING. WHEREAS, under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a govemmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project; and WHEREAS, the City Council of the City of Iowa City intends to commence a project to construct the Near Southside Transportation Center on the half block of Block 102 of the Original Town of Iowa City, Iowa which is bordered by Burlington Street on the north, Dubuque Street on the east, Court Street on the south, and the Block 102 north - south alley on the west, which project is to be known as the Near Southside Transportation Center; and WHEREAS, before the City of Iowa City can proceed with said project, the City Council must: a. Hold a public hearing, providing the opportunity for public input on the question of proceeding with the public improvement and on the acquisition or condemnation of properties and property interests for the project; and b. Adopt a resolution declaring its intent to proceed with said project and authorizing the acquisition of the properties and property interests required for the project by negotiation or condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached documentation showing the proposed location of the Near Southside Transportation Center Project be placed on file in the office of the City Clerk and available for public viewing. 2. A public hearing on the City's intent to proceed with the Near Southside Transportation Center project and to acquire property rights therefore is to be held on the 7th day of March, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. Resolution No. 00-27 Page 2 4. That the City Attomey and City Clerk are hereby authorized and directed to cause notice of the City's intent to proceed with said project and authorize the acquisition of property for said project to be mailed and published as required by law with said Notice of Intent to be in substantially the attached form. Passed and approved this 18th day of ,.lanua~'.,v ,20 00 R City Attorney's Office It was moved by Vander'hoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum eleanOr/ms/nsstranspct~.doc ~ /~'o' 8~' 8f' bo' ., ., 80' 80' ~X~ ~ .~ , , ~. 3 Z / ~- z~ 83 , 100 ' ~ ' · · ~ BO ~' ~' ,, ' . ~' ~ ' . ;o ~:,... 8 / 'o '~z~a... I01 ~ ' ~'Y:: ' . a .' ~o' ~ · ,fro' tad ' ~so' ' ~:. /s¢' . ~:' ~ , ............ o CO~T . I$o ZOO COURT ~ ~9ERAL ~ = 7 z : ~ = z / ~ COUNTY SE~T ADDITION ~ i s . '~- ~ q , I001 I00' ~' 1~0' l~O' ~' ~ HARRISON .STREET g Pr~pe~ ~~on NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT To: Owners and tenants of property comprising Lots 1, 2, 3, and 4 of Block 102 of the Original Town of Iowa City, Iowa: 1. Mod Pod c/o Wes Fotsch 301 S. Dubuque St. Iowa City, IA 52240 2. Hieronymus Partnership Hieronymus Partnership 205 E. Burlington St. 3322 Muscatine Avenue Iowa City, IA 52240 Iowa City, IA 52240 3. Union Planters Bank First Federal Savings &Loan c/o John Rathjen Mid-America Savings 100 E. Park Avenue P.O. Box 2658 P.O. Box 90 Iowa City, IA 52244 Waterloo, IA 50704-0090 4. Vaughn Davisson Farmers Insurance Group 150 E. Court Street Iowa City, IA 52240 5. Jean Bartley Attorney at Law 150 E. Court Street, Suite 200 Iowa City, IA 52240 6. Willis &Willis, Attorneys at Law Security Abstract Company 150 E. Court Street, Suite 201 Iowa City, IA 52240 7. Dell A. Richard Attorney at Law 150 E. Court Street, Suite 101 Iowa City, IA 52240 8. Richard H. Zimmermann Zimmermann Law Office 150 E. Court Street, Suite 101 Iowa City, IA 52240 9. Jeffrey Fields Attorney at Law 131 E. Burlington Street Iowa City, IA 52240 2 Under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all property owners whose properties may be affected. 1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE PROPERTY WHICH MAY BE ACQUIRED. NOTICE IS HEREBY GIVEN to the above-identified property owners that the City Council of the City of Iowa City will consider authorizing the commencement of a project to construct the Near Southside Transportation Center on the half block of Block 102 of the Original Town of Iowa City, Iowa, which is bordered by Burlington Street on the north, Dubuque Street on the east, Court Street on the south, and the Block 102 north-south alley on the west, which project is to be known as the Near Southside Transportation Center. Property rights acquired for the project will be used for construction of the facility in its entirety, and for temporary storage of construction materials and equipment and for staging of construction activities. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a fee simple parcel (complete ownership), including the leased fee and leasehold interests, construction easement and/or a permanent easement. Upon review of Johnson County property records, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on the documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning for the project now indicates that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to proceed with the above-described project and to acquire property rights, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property rights for the project. The public hearing will be held on the 7th day of March, 1999 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to proceed with the above-described project and commence the acquisition of property rights for the project, the City Council will be required to approve the project and authorize acquisition 3 of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution of the City's intent to proceed with the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for property. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. STATUS OF PROJECT PLANNING. The concept of the Near Southside Transportation Center originated in the Near Southside Neighborhood Redevelopmerit Plan which was adopted by the City Council in 1992. The zoning ordinance changes for the area which were subsequently approved by the City Council are predicated on the City providing public parking in order to foster the high density ~ of development which is desired. The Plan calls for a multi-modal transportation system in the Near Southside where owning an automobile is not a necessity. These planning concepts fit nicely with the Federal Transit Administration's Livable Communities Initiative, and an application was made for a transportation center several years ago. The City has carded this project forward in its planning documents in subsequent years, and was able to secure a commitment for funding from FTA for a 3-year project beginning in federal fiscal year 2000. It is anticipated that the City Council will include funding for the local matching funds required (20% of the project) in the City's Capital Improvements Program. Construction is currently scheduled to begin in the spring of 2001. 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS OR TO PROVIDE RELOCATION BENEFITS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights or an offer to provide relocation benefits, and affected property owners are not required to move from their residences or relocate their businesses at this time. Eligibility for relocation benefits will not occur until the project has been approved by the City Council, and an offer to purchase has been made to individual property owners. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45) 4 d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa C ode § 6B. 3 ( 1 )) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the fight to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B .4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian K. Karr City Clerk marym/land-acq~orms/commence2.doc Hieronymi Partners Suite 8, 328 South Clinton · P.O. Box 288, Iowa City, IA 52244 Tel 319 338-1294 FAX 319 338-1202 January 18, 2000 C:~ C) The Honorable Ernest Lehman Mayor of Iowa City Civic Center :~i .-7 410 East Washington Street Iowa City, IA 52240 Dear Mayor Lehman: The purpose of this letter is to explain the position of Hieronymi Partners on the best location for the proposed ramp and other development by the City in Block 102 in downtown Iowa City. But first it may be helpful to review the recent past on this subject. During the period from June 15, 1997 to October 6, 1997 there were extensive discussions with City staff and the other owners of property in Block 102 about the possible joint development of the block. Although I have maintained a detailed record of the various meetings that occurred, it is sufficient for now to provide the following summary: · June 16, 1997. Karin Franklin called to inform me that the City was considering building a new parking ramp on the east half of Block 102. To do this the City will need to acquire the Cave and the Hieronymi parking lot, Mod Pod and the Bank building. She added that this concept is only in the talking stage, although the City intends to have the properties appraised. · June 18, 1997. We met with Dale Kretschmar from the Magna Bank to discuss our call from Karin and one that he had received from her. She asked him if the City could have the bank property appraised and he told her the Bank would not object. He told us that he would be talking to the bank' s real estate people about a new location for the bank. He said he personally would prefer the comer of Burlington and Clinton in Hieronymus Square. · June 25, 1997. Talked to Karin by telephone about the idea of a joint or cooperative effort to develop Block 102. We discussed the concem of the City that Hieronymus Square will not be built. We assured her that we have no other plan for the Block 102 properties and that Hieronymus Square will be built as soon as financing can be arranged. We also told The Honorable Ernest Lehman Page 2 of 4 January 18, 2000 her that we were interested in participating in the joint development of Block 102 but we need to know more about how this would be accomplished. · June 26, 1997. We met with Calvin Lewis, our architect, to discuss the possibility of the City building a parking ramp in Block 102. He agreed with us that this could be good news. However, that would depend on the location of the ramp. If the ramp were built on the east half of Block 102, there would be no future Phase II of Hieronymus Square. Assuming that the reason for building a ramp in Block 102 is to stimulate business development on the south side of Burlington Street, it follows that placing the ramp on the east half of the Block where it will prevent any future prime development along Burlington Street is not a good idea. It was decided that Calvin prepare concept drawings showing the ramp running east to west on the south 170 feet of the block which would permit the greatest future commercial development along Buffington Street. · July 18, 1997. We met with Calvin Lewis and Dale Kretschmar. Calvin presented his concept drawings, accompanied by a small model, showing his plan for the development of Block 102. The plan shows one basic scheme for the development of the Block with some alternative uses for portions of it. The plan shows Phase I and II of Hieronymus Square on Burlington between Clinton and Dubuque and the parking ramp on the south portion of the block between Clinton and Dubuque. Additional street level commercial space is shown beneath the ramp on the south along Court Street and extending around the comer on both Clinton and Dubuque Streets. Calvin met with members of the City planning staff later that day to discuss his plan. The City will be contacting us later on how, when or if, we can expect to proceed. · August 6, 1997. Met with Dale Kretschmar to discuss the Bank's future needs and to plan for a meeting with the other owners of property in Block 102. · September 6, 1997. Met with a representative from an appraisal company to discuss the Cave property. We met again on September 9tn. · September 15, 1997. Met with Dale Kretschmar to discuss the list of issues we have prepared for the meetings with the other owners of properties in Block 102 and the City. · September 24, 1997. Met with Dale Kretschmar and the other owners of property in Block 102 to formulate and review the topics to be discussed with the City staff and the Council. The Honorable Ernest Lehman Page 3 of 4 January 18, 2000 · October 2, 1997. Karin Franklin called to ask for any appraisals of Hieronymi property in Block 102 that we have. We delivered the appraisal on 328 South Clinton to her. The Council lans to review the appraisals during an executive session on October 64 and discuss what they are going to do during the work session that follows. · October 6, 1997. The Council, during the work session that night, decided that a parking ramp on Iowa Avenue should be given priority over a ramp for Block 102. Now, two years later the City is back talking to us about the joint development of Block 102. For us, nothing has changed. Block 102 is the only place that any significant commercial development is likely to happen on the south side of Burlington Street. Phase I of Hieronymus Square, containing a gross floor area of 150,000 square feet of retail and office space, will be built on the southeast comer of Clinton and Burlington Streets as soon as financing can be arranged. Phase II of Hieronymus Square, as designed, would contain an additional 130,000 square feet of retail and office space. There has been no lessening of our resolve to build the project but we cannot ignore the stark reality of the retail situation, as it exits today in downtown Iowa City. In fact without the building of the ramp and the other development by the City in the block, it is doubtful that Hieronymus Square could be built at this time. With over $500,000 invested in the design and planning of the project to date, we are not about to throw up our hands and walk away from it either. What we are doing is evaluating any changes to the project that could make it more viable. For instance, we have nearly completed the modifications to the building plans changing the second floor of retail to office space. This process will continue. Our principle concern about the location of the ramp in Block 102 is the impact it will have on Hieronymus Square. It was just such a development that we had in mind in acquiring the various properties through the years as they became available. If the ramp is built on the southern portion of the block on Court Street between Clinton and Dubuque then the Hieronymi Partners property east of the alley will remain available for the future development of Phase II of Hieronymus Square. In that event, the marketplace would determine when it could be built. If the ramp is built on the east half of the Block, then Phase II will never be built and the potential additional 130,000 square feet of retail and office space will be lost forever. There are several other reasons why the ramp should be built on the south 170 feet of the block. These are: · Block 102 was platted as an out lot in the original plat of Iowa City because it is bigger than a standard block. The east-west dimension is the standard 320 feet but the north-south dimension is 380 feet. The extra 60 north~south feet would provide more flexibility in the design of the ramp The Honorable Ernest Lehman Page 4 of 4 January 18, 2000 as well as room for the east-west private or public alley at mid-block to serve Hieronymus Square and the other development in the block. The building of a third ramp on Burlington Street would contribute to an unattractive canyon effect at the primary entrance to the downtown. No matter how well the designer might camouflage it, it will still be the third ramp in three blocks all on Burlington Street. · The development of more than 280,000 square feet of retail and office space on the south side of Burlington Street could produce a synergistic effect on the future redevelopment of the half-block across Burlington to the north. It is our intention to commence construction on Hieronymus Square as soon as possible so that the present tenants and owners to be displaced will have the option of relocating in Hieronymus Square. We do hereby renew our original requests for tax abatement and the vacation of the north 212 feet of the alley. Later on in the process we will be asking for some accommodation on the location of electrical transformers and access to our basement parking area. Very truly yours, ffWi~o~ 21 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 00-28 RESOLUTION OF INTENT TO CONVEY ONE HALF OF A TEN FOOT WIDE VACATED PORTION OF THE WASHINGTON STREET RIGHT-OF-WAY LOCATED BETWEEN 1033 (LOT 7, KOSER BROTHERS SUBDIVISION) AND 1025 WASHINGTON STREET TO MARJORIE B. HAYEK, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 1, 2000. WHEREAS, On July 27, 1999, the City Council passed an ordinance vacating a ten-foot wide portion of the Washington Street right-of-way along the west property line of 1033 East Washington Street (Lot 7, Koser Brothers Subdivision) and abutting 1025 East Washington Street; and WHEREAS, Marjorie B. Hayek, as owner of the adjacent property to the west (1025 East Washington Street), has offered the sum of $2,941 for one-half of the ten-foot wide by 170' long parcel (approximately 850 square feet), or 83.46 per square foot, which is consistent with the fair market valuation listed on the assessment rolls for comparable properties; and WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area and there is no infrastructure or easements within the vacated right-of-way; and WHEREAS, the disposition of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in one-half of the vacated portion of the Washington Street right-of-way abutting 1025 East Washington Street to Marjorie B. Hayek for the sum of 82,941. 2. A public hearing on said proposal should be and is hereby set for February 1, 2000, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 00-28 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab × Vanderhoef × Wilburn Passed and approved this 18th day of ulanu ATTEST: ~ =~Z. ~":~/-/--L--' Ci.tyr~~rn~ CITY CLERK Sarah\landuse\hayek-res of intent to convey 22 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 00-29 RESOLUTION OF INTENT TO CONVEY AN APPROXIMATELY 7,720 SQUARE FOOT PARCEL OF THE UNIMPROVED, VACATED PORTION OF THE VIRGINIA DRIVE RIGHT-OF-WAY LOCATED BETWEEN LOTS 2 AND 14 OF NORTH HILLS SUBDIVISION IMMEDIATELY NORTHEAST OF THE INTERSECTION OF VIRGINIA DRIVE AND RIDGEWOOD LANE TO PHILIP AND HELEN OLDIS, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 1, 2000. WHEREAS, On September 28, 1999, the City Council passed an ordinance vacating approximately 7,720 square feet of the unimproved portion of Virginia Drive located between Lots 2 and 14 of North Hills Subdivision, immediately northeast of the intersection of Virginia Drive and Ridgewood Lane; and WHEREAS, Philip and Helen Oldis, as owners of the adjacent property (2 Ridgewood Lane), have offered the sum of 8500 for the approximately 7,720 square foot parcel. The offer is mid-way between values obtained through the assessment rolls and sales for comparable properties, and seems consistent with the fact that the subject property is entirely encumbered by a city easement; and WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; and WHEREAS, the disposition of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the approximately 7,720 square foot parcel of vacated Virginia Drive right-of-way abutting 2 Ridgewood Lane to Philip and Helen Oldis for the sum of 8500. 2. A public hearing on said proposal should be and is hereby set for February 1, 2000, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 00-29 Page 2 It was moved by Wi 1 burn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 18th day of ~lanuary ,2000. MAYOR Approvee~ by Sarah\landuse\oldis-res of intent to convey 01-18-00 23 DEFEATED Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. RESOLUTION REPEALING RESOLUTION NO. 98-310 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 98-310 and, in its place, approve Rules of Order for the Conduct of Formal City Council Meetings as follows: A. Order of Business The business of the City Council shall be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council: 1. Roll Call 2. Mayor's Proclamations 3. Consent Calendar 4. Community Comment (until 8:00 P.M.) 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolu- tions 6. Other Public Hearings 7. Other Ordinances 8. Other Resolutions 9. Community Comment (continued if necessary) 10. Council Business 11. City Manager and City Attorney Business 12. Adjournment B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Passed and approved this day of ,2000. MAYOR Approved by ATTEST: Z.//,,~ CITY CLERK City Attorney's Office clerk\res~order.doc DEFEATED Resolution No. Page It wasmoved by and seconded by the Resolution be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by Sylvia A. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA, 52240, (319)356-5026 RESOLUTION NO. 00-30 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING ONE SPECIAL PROJECTS MANAGER POSITION. WHEREAS, Resolution No. 99-70, adopted by the City Council on March 2, 1999, authorized permanent positions in the Engineering Division of the Public Works Department for FY00; and WHEREAS, the City Council deems it in the public interest to have on-site project construction management services provided by City employees within the Public Works Department; and WHEREAS, to provide construction management services for special projects related to improvements to the City's infrastructure, it is necessary to add one Special Projects Manager position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT The budgeted positions in the Engineering Division of the Public Works Department be amended by the addition of one full-time Special Projects Manager, Administrative pay grade 29. Passed and approved this 18th day of ,]anl 2000 AYOR ,,-,.,. ,,, It was moved by Champ'ion and seconded by Vanderhoef the Resolution be adopted, and upon roll Call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn humanrelVesLspecproj.doc City of Iowa City MEMORANDUM Date: January 12, 2000 To: Steve Atkins From: Chuck Schmadeke Re: Construction Management Services Water Treatment Plant and South Wastewater Treatment Plant The Public Works Department desires to perform construction management services "in house" for the new Water Treatment Plant project awarded by Council on December 7, 1999 and the South Wastewater Treatment Plant Tmprovements project scheduled to be awarded by Council on February 15, 2000. These projects are both two year plus construction projects. As we have shown in the past, the City can save a substantial amount of money by managing these projects to the greatest extent possible with its own employees. I have been reviewing Special Projects staffing needs in anticipation of these two Capital Projects, and have concluded that an additional Special Projects Manager is needed. Therefore, Public Works requests authorization to hire an additional Special Projects Manager. Contracting for project inspection averages between 8% and 10% of construction costs, while "in-house" project inspection averages between 2% and 4% of construction costs. specproj .mem.doc Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 00-3:]. RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT BY ADDING ONE ASSISTANT CONTROLLER POSITION AND DELETING' ONE SENIOR ACCOUNTANT POSITION AND AMENDING THE ADMINISTRATIVE PAY PLAN BY ADDING ONE ASSISTANT CONTROLLER POSITION. WHEREAS, the City Controller was recently promoted to the position of Assistant Finance Director including Risk Management responsibilities while retaining the duties of Controller, and WHEREAS, to assure day to day attention to the Accounting Division work assignments and responsibilities it is in the best interests of the Finance Department to create a position of Assistant Controller, and WHEREAS, A Senior Accountant will be promoted to the Assistant Controller position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Accounting Division of the Finance Department be amended by: 1. The deletion of one full-time Senior Accountant, AFSCME pay grade 13. 2. The addition of one full-time Assistant Controller position, Administrative pay grade 26. The Administrative pay plan be amended by: 1. The addition of one full-time Assistant Controller position, pay grade 26. Passed and approved this 18t, h day of ~~,I~ ~' humanrel~res~actgres.doc Resolution No. 00-31 Page 2 It was moved by Vanderhoef and seconded by Wi ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum City of iowa City MEMORANDUM T0: Steve Atkins From: Kevin O'Malley Edn Herring Date: December 23, 1999 Subject: Assistant Controller With my promotion to Assistant Director of Finance, I have retained my duties as Controller as well as the additional responsibility of Risk Management. In order to assure day to day attention to the Accounting Division work assignments, I would like to create the position of Assistant Controller and assign the responsibility to a Senior Accountant in the division. The Assistant Controller will provide the daily attention and consistency that is required in the Accounting Division. One Senior Accountant position will be vacated. The Assistant Controller will assist me in directing the operational, financial, and personnel activities of the Accounting Division. This position will also assist me in planning, assigning, reviewing the work and evaluating the performance of the support staff in the maintenance of accounting records, payroll processing, accounts receivable, accounts payable, and financial reporting. The Assistant Controller will account for all grants, prepare annual audit workpapers, and compile and assist me in the review of the annual financial report. Currently, the Senior Accountant position is classified at AFCSME paygrade 13. I am requesting approval to classify the Assistant Controller as an Administrative position at paygrade 26, which reflects the added responsibility of the position. The Assistant Controller position would increase Accounting's budgeted payroll cost by $1,859 in FY2001 (including benefits). Thank you for considering this position. Please let me know if you have any questions.